Valdese City Zoning Code
CHAPTER 3
Zoning
Section 9-3001 Purpose.
G.S. Chapter 160D regulates the uses of buildings, structures, and land for trade, industry, commerce, residence, recreation, public activities, or other purposes; the size of yards and other open spaces; the location, height, bulk, number of stories, and size of buildings and other structures; the density and distribution of the population; creating districts for said purposes and establishing the boundaries thereof; defining certain terms used herein; providing penalties for violations; providing for a Board of Adjustment and Planning Board and defining the duties and powers of said Boards; repealing conflicting chapters, and for other purposes. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3002 Authority.
(a) The Valdese Town Council enacts this chapter under the authority granted by G.S. Chapter 160D.
(b) The provisions of this article shall apply to all development regulations and programs adopted under G.S. Chapter 160D or applicable or related local acts. To the extent there are contrary local provisions, G.S. 160D-111 is applicable. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3003 Short title.
This chapter should be known as the "Zoning Chapter" or "Watershed Chapter," and the map identified by the title "Official Zoning Map, Valdese, NC," may be known as the "Zoning Map" or the "Watershed Map." (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3004 Jurisdiction.
Planning and development provisions of G.S. Chapter 160D shall apply to all property within the corporate limits of the Town of Valdese. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3005 Identification of official zoning map.
The Official Zoning Map shall be identified by the signature of the Mayor attested by the Town of Valdese Clerk and bearing the seal of the Town of Valdese. Said Map shall be retained in the office of the Planning Department of the Town of Valdese. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3006 Development approvals run with land.
Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made under this G.S. 160D-104 attach to and run with the land. (Ord. of 6/28/21)
Section 9-3011 Interpretation and definition of terms and words.
To interpret this chapter, certain words or terms are herein defined. Unless otherwise stated, the following words shall have the meaning herein defined.
(a) Words used in the present tense include the future tense.
(b) Words in the singular include the plural; words in the plural include the singular.
(c) The word "person" includes an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, a public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity.
(d) The word "lot" includes the word "structure."
(e) The word "building" includes the word "structure."
(f) The word "shall" is mandatory, not a directory.
(g) The words "used" or "occupied" as applied to any land or buildings shall be construed to include the words "intended, arranged, or designed to be used or occupied."
(h) The word "Zoning Enforcement Officer" includes the word "Watershed Administrator". (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3012 Definitions.
Accessory dwelling. See Dwelling, accessory.
Accessory use, accessory structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure (see Section 9-3039).
Administrative decision. Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards outlined in G.S. Chapter 160D or Town of Valdese development regulations (also referred to as ministerial decisions or administrative determinations).
Administrative hearing. A proceeding to gather facts needed to make an administrative decision.
Adult establishment. Any structure or use of land which meets the definitions as outlined in G.S. 14-202.10. Licensed masseurs (e.g., health massage/bodywork therapists) are excluded.
Agricultural industry. Commercial poultry or swine production, cattle or swine feed lots, fur-bearing animal farms, commercial plant production (not retail nurseries), commercial fish or poultry hatcheries, and other similar activities.
Alley. A publicly dedicated and maintained right-of-way twenty feet (20') or less in width that provides only a secondary means of access to adjoining property and is not intended for general traffic circulation.
Animal hospital. See Veterinary hospital or clinic.
Apartment. A room or suite of one or more rooms in multiple structures intended for use as a residence by a single-family.
Artisan food and beverage producer. An establishment that engages in onsite commercial production of food and/or beverage products to a final form employing batch-processing or hand-crafting using traditional methods and distributes to customers on-site via product tasting and direct sales and/or off-site to retailers and wholesalers. Typical products may include coffee roasters, chocolatiers, confectioneries, cideries, distilleries, and wineries.
Automotive body repair. An establishment where the following services may be rendered on a motor vehicle: body repair, straightening of automotive body parts, painting, welding, and storage of automobiles not in operating condition.
Automotive repair. A building or area used for the temporary storage, care, and repair of motor vehicles, including both minor and major mechanical overhauling.
Automotive service station. A building used for the sale and dispensing of fuel, lubricants, tires, batteries, accessories, and supplies, including installation and minor services customarily incidental thereto. Fuel pumps shall be located at least twenty (20) feet from any property or right-of-way line. Facilities for washing and chassis and gear lubrication of vehicles are permitted if enclosed in a building. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and bodywork are conducted.
Automotive wrecking yard. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot of four (4) or more motor vehicles, which, for a period exceeding thirty (30) days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute an automobile wrecking yard.
Bank. Financial institutions engaged in deposit banking and closely related functions such as the extension of credit through loans and investments and fiduciary activities.
Bar. A commercial enterprise devoted primarily to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. Bars include taverns, pubs, nightclubs, and similar drinking establishments serving alcoholic beverages but do not include taprooms/tasting rooms in microbreweries and brewpubs.
Basement. That portion of a building that is partly or completely below grade. A basement shall be termed a cellar when more than one-half of its height is below the average adjoining grade. A basement shall be termed a story if the vertical distance from the average adjoining grade to the ceiling is more than five feet (5').
Bed and breakfast inn. A house, or portion thereof, where short-term lodging rooms and meals are provided for compensation. The operator of the inn shall live on the premises or adjacent premises (see Section 9-3060.06).
Beer. Includes "Malt beverage" as defined by G.S. 18B-101(9).
Best management practices (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters to achieve water quality protection goals.
Boarding house. A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, where meals or lodging is provided for three or more persons, but not to exceed eight persons. The owner of the boarding house shall reside on the premises.
Bona fide farm purposes. Agricultural activities as outlined in G.S. 160D-903.
Brewery. An establishment for the manufacture of beer.
Brewpub. A restaurant with facilities for the manufacture of beer onsite for consumption and retail sale at the restaurant. Where allowed by law, brewpubs may often sell beer "to go" and/or distribute to off-site accounts.
Breezeway. A covered passageway connecting a single-family residence and an accessory structure.
Buffer. A strip of land that may include trees, shrubs, a fence, and/or a berm designed to separate, protect, and/or screen one land use from neighboring land uses.
Buffer (watershed). An area of natural or planted vegetation through which stormwater runoff flows diffusely so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded waters and the bank of each side of free-flowing streams, rivers, branches, etc.
Building or buildings. Any structure used or intended for supporting or sheltering any use or occupancy. The connection of two buildings utilizing an open porch, breezeway, passageway, carport, or other such open structure, with or without a roof, shall not be deemed to make them one building.
Building, accessory. A building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith.
Building, coverage. See Lot coverage.
Building, height. The vertical distance measured from the average elevation of the finished lot grade at the front building line to the highest point of the roof beams adjacent to the front of the wall in the case of a flat roof; to the average height of the gables in the case of a pitched roof; and to the deck line in the case of a mansard roof.
Building, principal. A building or structure in which the primary use of the lot on which the building is located is conducted. A structure, or where the context so indicates, a group of structures in or on which is conducted the principal use of the lot on which such structure is located.
Building, setback. A line establishing the minimum allowable distance between the nearest portion of any building, excluding the outermost five feet (5') of any overhang, uncovered porches, steps, gutters, and similar fixtures, and the related front, rear, or side property or right-of-way line, whichever is closest to the building.
Built-upon area. That portion of a development project that is covered by impervious or partially impervious cover, including buildings, pavement, gravel, recreation facilities, etc., excluding wooden slatted decks and the water area of a swimming pool.
Business, general. Commercial establishments that, in addition to serving day-to-day commercial needs of a community, also supply the more durable and permanent needs of a whole community, including supermarkets, department stores, discount stores, variety stores, hardware, and garden supply stores, apparel and footwear stores, florists, gift shops, jewelry stores, book and stationery stores, specialty shops, sporting goods stores, furniture, and home furnishing stores, automotive supply stores, and appliance stores.
Business, office-type. Quasi-commercial uses that generally accommodate occupations such as administrative, executive, legal, accounting, writing, clerical, stenographic, and drafting occupations, and including offices of a charitable, philanthropic, religious, or educational nature.
Carport. An accessory structure that provides shelter for vehicles or boats and is open on all sides.
Car wash, detail shop. An area of land and/or a structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles; a building or area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor.
Cellar. See Basement.
Cemetery. Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including land on which columbariums, mausoleums, or similar structures are located.
Certificate of occupancy. Permit that is issued by the Town of Valdese after the erection or structural alteration of a building or part of a building; the permit allows the owner, tenant, or occupant thereof to occupy the structure and shows that the structure has been completed in conformity with the provisions of this chapter.
Charter. As defined in G.S. 160A-1(2)
Child care institution. An institutional facility housing orphaned, abandoned, dependent, abused, or neglected children.
City. "City" means a municipal corporation organized under the laws of the State of North Carolina. The term "city" is interchangeable with the term "town" and is used throughout the Zoning and Subdivision Regulations. "Town" shall reference the Town of Valdese.
Church. A structure in which persons regularly assemble for religious worship and which is maintained by a religious body organized to sustain public worship.
Clinic. An organization of professional specialists such as physicians or dentists who have their offices in a common building. A clinic shall include laboratory facilities in conjunction with normal clinic services.
Club. An establishment operated by a corporation or association of persons for social, literary, political, educational, fraternal, or charitable purposes but which is not operated for profit.
Cluster development. The grouping of buildings to conserve land resources and provide for innovation in the design of the project. This term includes non-residential development as well as single-family residential and multi-family developments. For this chapter, planned unit development and mixed-use development are considered cluster developments.
Community center. A place, structure, area, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve the community at large.
Condominium. A single-family dwelling unit constructed in a series or group of attached units where each dwelling unit is to be deeded and/or separately owned from other units and where all land is owned in common by owners of all the dwelling units collectively (also see Dwelling).
Convenience store. A retail establishment where beverages, packaged food, tobacco products, or similar convenient goods for customers are sold and where, also gasoline and/or diesel fuel is supplied and dispensed, provided that all gasoline pumps shall be located at twenty (20) feet from any property or right-of-way line.
County. Or "Burke County".
Craft distillery. An establishment where grains and/or fruits are distilled into spirituous liquor not to exceed 100,000 proof gallons per year, and which may include bottling, storage, and aging facilities, as well as an area devoted to the sampling and sales of spirits-related products.
Crematory or crematorium. A properly installed, certified apparatus intended for use in the act of cremation (see Section 9-3060.02).
Critical area. The area adjacent to a water supply intake or reservoir where the risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as the area one-half mile upstream and draining to a water supply reservoir or water intake located in a stream or river; or to the ridgeline of the watershed, whichever comes first.
Day care center. A building or structure where care, protection, and supervision are provided on a regular schedule to at least nine (9) or more children, including the children of the adult provider. Day care centers shall not be located within a dwelling unit.
Day care home. A private residence where care, protection, and supervision are provided on a regular schedule to no more than five (5) preschoolers and three (3) school-age children at one time, including children of the adult provider.
Decision-making board. The Town Council, Planning Board, or Board of Adjustment, assigned to make decisions under G.S. Chapter 160D.
Determination. A written, final, and binding order, requirement, or determination regarding an administration decision.
Developer. A person, including a governmental agency or redevelopment authority, who undertakes any development, and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.
Development. Any of the following:
(1) The construction, erection, alteration, enlargement, renovation, substantial repair, a movement to another site, or demolition of any structure.
(2) The excavation, grading, filling, clearing, or alteration of land.
(3) The subdivision of land as defined in G.S. 160D-802.
(4) The initiation or substantial change in the use of land or the intensity of use of land.
(This definition does not alter the scope of regulatory authority granted by G.S. Chapter 160D.)
Development approval. An administrative or quasi-judicial approval is required before starting any activity, project, or development. Development approvals include zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness, as well as all other regulatory approvals required by regulations adopted under G.S. Chapter 160D.
Development regulation. A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, or any other regulation adopted under G.S. Chapter 160D, or a local act or charter that regulates land use or development.
Domestic pets. Animals that are customarily kept for company, pleasure, or enjoyment within the home or yard, such as domestic dogs, domestic cats, domestic tropical birds, domestic rodents, domestic rabbits, and domestic fish (see Section 9-3062(d) Animal Keeping in Special Requirements for Certain Uses).
Driveway. A vehicular way other than a street or alley that provides vehicular access from a street to or through off-street parking and/or loading areas.
Dwelling. A building that contains one or two dwelling units used, intended, or designed to be used, rented, leased, or hired out to be occupied for living purposes.
Dwelling, accessory. A dwelling which is located on the same lot as a detached or attached single-family house, has a first-floor area no greater than six hundred fifty (650) square feet, and is owned by the owner of the principal dwelling unit but occupied by another. If the principal dwelling is a group home, the use of an accessory dwelling shall not increase the number of residents otherwise permitted in a single home (see Section 9-3060.01).
Dwelling, multiple or multi-family. A dwelling(s) designed for occupancy by three (3) or more families living independently of each other.
Dwelling, two-family or duplex. A dwelling designed exclusively for occupancy by two (2) families independent of each other.
Dwelling unit. A single unit that provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
Easement. A grant by a property owner to the use of land by the public, a corporation, or persons for specific purposes such as the construction of utilities, drainage ways, and roadways.
Electronic gaming operations. Any business enterprise, whether as a principal or accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash merchandise or other items of value are redeemed or
otherwise distributed, whether or not the value of such distribution is determined by electronic games played or predetermined odds. This includes, but is not limited to, internet sweepstakes or video sweepstakes. This does not include any lottery approved by the State of North Carolina.
Essential services. Publicly or privately-owned facilities or systems for the distribution of gas, electricity, steam, or water, the collection, and disposal of sewage or refuse; the transmission of communications; or similar functions necessary for the provision of public services. Radio transmission facilities for use by ham radio operators or two-way radio facilities for business or governmental communications shall be deemed accessory uses and not essential services, provided no transmitter or antenna tower exceeds 180 feet in height. Essential services are divided into three classes:
Class 1 - Transmission lines (above and below ground) including electrical, natural gas, and water/wastewater distribution lines; pumping stations, lift stations, and telephone switching facilities (up to two hundred (200) square feet);
Class 2 - Elevated water storage tanks; package treatment plants; telephone switching facilities (over two hundred (200) square feet), substations, or other similar facilities used in connection with a telephone, electric, steam, and water facilities; raw water treatment facilities.
Class 3 - Generation, production, or treatment facilities such as power plants and sewage treatment plants.
Evidentiary hearing. A hearing to gather competent, material, and substantial evidence to make findings for a quasi-judicial decision required under G.S. Chapter 160D.
Existing development. Those projects that are built or those projects that, at a minimum, have established a vested right under North Carolina zoning law as of the effective date of this Chapter based on at least one of the following criteria:
(1) Having expended substantial resources (time, labor, money) based on a good faith reliance upon having received valid Town of Valdese approval to proceed with the project; or
(2) Having an outstanding valid building permit as authorized by the General Statutes (G.S. 160D-108.1).
Familial relationship, close. A spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
Family. An individual or two (2) or more persons related by blood, marriage, or adoption living together in a dwelling unit; or a group of not more than six (6) persons, one (1) or more of whom is not related by blood, marriage, or adoption to the others.
Family care home. A dwelling with support and supervisory personnel that provides room and board, personal care, and rehabilitation services in a family environment for not more than six resident disabled persons. A disabled person means a person with a temporary or permanent physical, emotional, or mental disability, including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments but not including mentally ill persons who are dangerous to others as defined in G.S. 122C-3(11)b.
Farm, bona fide. Any tract of land containing at least three acres which are used for dairying or the raising of agricultural products, forest products, livestock, or poultry, and which may include facilities for the sale of such products from the premises where produced. The definition of "farm" and "bona fide farm" shall not include agricultural industries.
Farmers market. The seasonal selling or offering for sale at retail of home-grown vegetables or produce, occurring in a pre-designated area, where the vendors are generally individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.
Financial institution. A use or structure where financial, pecuniary, fiscal, or monetary services are made available to the public, including but not limited to depository institutions (i.e., banks, credit unions, savings, and loans, etc.), non-depository credit institutions (i.e., credit agencies, loan brokers, etc.), holding companies (but not predominantly operating companies), other investment companies, brokers and dealers in securities and commodities contracts, and security and commodity exchanges.
Flag lot. Lots or parcels that are approved by the town which have an access corridor providing a minimum of thirty-five feet (35') of frontage on an approved public street, with the bulk of the lot or parcel being otherwise landlocked by other property. Such access shall have a minimum width of thirty-five (35) feet. The area of the access corridor shall be excluded in computing the lot area and width, and the length of said strip shall not exceed one hundred (100) feet.
Flea market. An occasional or periodic sales activity held within a structure or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales.
Floodplain. That area within the one-in-one hundred (100 years) regional flood contour elevation subject to periodic flooding as designated by the Zoning Enforcement Officer based upon United States Department of Housing and Urban Development FIA Flood Hazard Boundary Maps.
Floor area, gross. The sum of enclosed areas on all floors of a building or buildings measured from the outside faces of exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches, and balconies, and any below-grade floor areas used for access and storage. Not countable as floor areas are open terraces, open patios, open atriums, open balconies, open carport garages, and breezeways.
Floor area ratio. Determined by dividing the gross floor area of all buildings on a lot by the area of that lot.
Garage. An enclosed accessory structure that provides shelter for vehicles or boats.
Garage, public. A building designed and used for the storage of automobiles and operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.
Gated subdivision. A subdivision in which access to the gated subdivision is restrictive by gates or other devices.
Governing board. The Town of Valdese Town Council
Government building. A building, use, or facility serving as a governmental agency office, police station, fire station, library, post office, or similar facility, but not including a vehicle storage yard, correctional facility, sanitary landfill, solid waste transfer, or disposal facility, wastewater treatment facility, educational or health institution, university, group home, or housing for persons who are participating in work release programs or who have previously served and completed terms of imprisonment for violations of criminal laws.
Grade. An average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.
Group living. The residential occupancy of a structure by a group of people who do not meet the characteristics of dwelling, multiple or multi-family. The size of the group will be larger than the average size of a household. Tenancy is arranged on a month-to-month basis or for a longer period. Uses where tenancy may be arranged for shorter periods are generally not considered group living. Generally, group living structures have a common eating area for residents. The residents may or may not receive any combination of care, training or treatment as long as they also reside at the site.
Hazardous material. Any substance listed as such in SARA Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and hazardous substances).
Hillside subdivision. Land proposed to be subdivided which has a slope of sixteen percent (16%) or greater. That is an average difference in elevation of at least sixteen (16) feet in a horizontal distance of one hundred (100) feet. The average shall be obtained from at least fifteen (15) measurements, each twenty (20) feet from the next.
Home occupation. An occupation, service, profession, or enterprise carried on within a dwelling unit or accessory structure by a resident. Hobbies shall not be subject to the requirements of this section (see Section 9-3045).
Hospice and palliative care facility. A freestanding licensed facility(s) that provides palliative and supportive medical and other health services to meet the holistic needs of terminally ill patients and their families in an inpatient or group residential setting.
Hospital. An institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.
Hotel. A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
Industrial development. Any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for manufacturing, assembling, finishing, cleaning, or developing any product.
Inoperable vehicle. Any wrecked or non-operable automobile, truck, or another vehicle that does not bear a current license plate.
Junk yard. The use of more than four hundred (400) square feet of any lot for the outdoor storage and/or sale of waste paper, rags, scrap metal, or other junk, and including storage of inoperable motor vehicles and dismantling of such vehicles or machinery.
Kennel. Any premises wherein any person(s) engages in the business of boarding, breeding, buying, letting for hire, training for a fee, grooming, or selling of domestic pets.
Land use plan. A plan adopted by the town that designates future use or reuse of land through text and maps.
Landfill. A Class 3 Essential Services facility for the disposal of solid waste on land in a sanitary manner following G.S. Chapter 130A, Article 9. For this chapter, this term does not include composting facilities.
Landowner or owner. The holder of the title in fee simple.
Large brewery. A brewery with an annual beer production of over fifteen thousand (15,000) barrels and may contain a taproom/tasting room.
Loading, off-street. Space located outside of any street right-of-way or easement and designed to accommodate the temporary parking of vehicles used for bulk pickups and deliveries.
Local government. The Town of Valdese.
Lot. A parcel of land occupied or capable of being occupied by a main building or group of buildings and accessory buildings, together with such yards, open spaces, and lot areas as are required by this chapter, and having not less than the minimum required frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds.
Lot, corner. A lot adjoining on and at the intersection of two or more streets (see Article D).
Lot coverage. The percentage of a lot that may be covered with buildings or structures (excluding walks, drives, and other similar uses) and recreational facilities which are accessory to a permitted use (such as
swimming pools). Properties within the critical or protected areas as defined by the Water Supply Watershed Protection Act shall include walks, drives, and all other impervious and graveled surfaces in the total lot coverage.
Lot depth. The average horizontal distance between the front and rear lot lines.
Lot, double frontage, or through lot. A lot having its front and rear yards, each adjoining on a street (see Article D).
Lot, frontage. The linear distance by which a lot adjoins an approved public street (see Article D).
Lot, interior. A lot in which only one of its sides adjoins a street (see Article D).
Lot, landlocked. A lot that does not adjoin a public street or which otherwise does not meet the minimum street frontage requirements of the zoning district in which it is located.
Lot line. A property line dividing one lot from another or a street or other right-of-way (see Article D).
Lot of record. A lot which is described by reference to a recorded plat, or described by metes and bounds or similar method, the description of which has been so recorded by the Burke County Register of Deeds and which has been given a separate tax identification number by the Burke County Tax Mapping Department.
Lot, substandard. A lot that has less than the required minimum area or size as established by the zone in which it is located, and provided that such lot was of record as a legally created lot on the effective date of this chapter.
Lot width. The straight linear distance between the side lot lines, measured at the two points where the minimum building line, or setback line, intersects the side lot lines.
Major watershed variance. A variance from the minimum statewide water supply watershed protection criteria that results in any one or more of the following:
(1) Any variation in the design, maintenance, or operation requirements of a wet detention pond or other approved stormwater system;
(2) The relaxation, by a factor greater than ten (10) percent, of any management requirement under the low-density option;
(3) The relaxation, by a factor greater than five (5) percent, of any buffer or built-upon area requirement under the high-density option.
Manufactured home. A structure as defined in G.S. 143-147(7), being a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. "Manufactured home" includes any structure that meets all of the requirements of this subsection except the size requirements and for which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the Act.
For manufactured homes built before June 15, 1976, "manufactured home" means a portable manufactured housing unit designed for transportation on its chassis and placement on a temporary or semi-permanent foundation having a measurement of over thirty-two (32) feet in length and over eight feet in width. "Manufactured home" also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their chassis that connect on-site for placement on a temporary or semi-permanent foundation having a measurement of over thirty-two (32) feet in length and over eight feet in width.
Manufactured home park. Any existing lot or parcel on which two (2) or more manufactured homes are used, leased or rented, or intended to be used, leased, or rented for occupancy. Existing manufactured home parks shall comply with Article G of the Valdese Zoning Chapter.
Manufacturing and production. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of parts, the creating of products, and the blending of materials, such as oils, plastics, resins, or liquors. Products are generally made for the wholesale market. Manufacturing of goods to be sold primarily on-site and to the general public are classified as retail sales and service.
Marina. A facility for the storing, servicing, fueling, berthing, and launching, and securing of private pleasure craft that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests.
Massage therapy. The systematic and scientific manipulation and treatment of the soft tissues of the body for therapeutic or remedial purposes, specifically for improving muscle tone and circulation and promoting circulation and promoting health and physical well-being. The term includes, but is not limited to, the manipulation of the muscular structure of the body by use of pressure, friction, stroking, percussion, kneading, vibration by manual or mechanical means, range of motion, and nonspecific stretching. Massage therapy does not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.
Microbrewery. A brewery that produces less than fifteen thousand (15,000) barrels of beer per year with a portion of its beer sold to the public.
Mini-warehouse. A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies.
Minor watershed variance. A variance that does not qualify as a major variance from the minimum statewide watershed protection rules that results in relaxation by a factor up to five (5) percent of any buffer, density, or built-upon requirements under the high-density option; or that results in relaxation, by a factor up to ten (10) percent, of any management requirement under the low-density option.
Mixed-use. Commercial, office-institutional, and/or residential uses within the same building where each use is independent of the other use(s).
Modular home. A dwelling unit constructed under the standards outlined in the North Carolina State Building Code (NCSBC) and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two or more sections transported to the site in a manner like a manufactured home (except that the modular home meets the NCSBC) or may consist of a series of panels or room sections transported on a truck and erected or joined together on the site.
Motel. A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel.
Multi-family building. See Dwelling, multiple or multi-family.
Neighborhood recreation. Public or private neighborhood, tennis, or other courts, swimming pools, or similar indoor and/or outdoor uses that are operated on a fee or membership basis primarily for the use of persons who reside in the neighborhood that the facility is located. "Neighborhood recreation" structures shall include accessory uses, such as snack bars, pro shops, and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use.
Nonconforming building. Any building that does not meet the limitations on building size and/or location on a lot for the district in which such building is located and for the use to which such building is being put.
Nonconforming lot of record. A lot described by a plat or deed that was recorded prior to and lawfully existed before the adoption of this chapter but which does not meet the limitations on size, depth, width, street frontage, or other development requirements of the statewide watershed protection rules for the district in which such lot is located.
Nonconforming use. A lawful use of land that does not comply with the use regulation for its zoning district as defined by this chapter.
Non-residential development. All development other than residential development, agriculture, and silviculture.
Nursing home. A health care facility licensed by the state to provide long-term medical services according to the directives of a patient's physician and standards of quality set by the state and the facility. Nursing homes in North Carolina are staffed by professional personnel under the direction of a licensed nursing home administrator; they deliver a variety of medical and social services to their patients.
Office. A building or portion thereof wherein services are performed involving predominantly administrative, professional, or clerical operations.
Open space. Any front, side, or rear yards, courts, or usable open space provided around a building to meet the requirements of this chapter.
Open storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.
Outdoor seasonal sales. Outdoor seasonal sales are temporary uses, which include but are not limited to outdoor Christmas tree sales, pumpkin sales, plant sales, and similar uses. Outdoor seasonal sales are not intended to include the sale of manufactured items such as furniture, bedding, automobile parts, or household goods (see Special use requirements).
Park. Any public or private land available for recreational, educational, cultural, or aesthetic use.
Parking lot. Any designated area designed for temporary accommodation of motor vehicles of the motoring public in normal operating condition, for a fee, or as a service.
Parking, off-street. Space located outside of any street right-of-way or easement and designed to accommodate the parking of motorized domestic and commercial vehicles.
Parking space. A storage space of not less than nine feet by eighteen feet (9' x 18') for one automobile, plus the necessary access space. It shall always be located outside the designated street right-of-way.
Person. An individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, a public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity.
Pet. See Domestic pets.
Planned unit development (PUD). A development characterized by a unified site design for several buildings. The design is intended to provide for common open space and for a mix of building types and uses. It permits the planning of a project and a calculation of densities over the entire development rather than on an individual lot-by-lot basis. The site plan must include two or more principal buildings. Such development shall be based on a plan that allows for flexibility of design most available under normal district requirements.
Planning and development regulations jurisdiction. The area within which the town is authorized to plan and regulate development according to the authority granted in G.S. Chapter 160D.
Planning board. Any board or commission established according to G.S. 160D-301.
Property. All real estate property subject to land-use regulation by the Town of Valdese. The term includes any improvements or structures customarily regarded as a part of real property.
Protected area (PA). Area adjoining and upstream of the critical area of WS-IV watersheds. The boundaries of the protected area are defined as within five (5) miles upstream of and draining to a water supply reservoir, or to the ridgeline of the watershed, whichever comes first; or within ten (10) miles of and draining to a water intake in a stream or river, or to the ridgeline of the watershed, whichever comes first.
Quasi-judicial decision. A decision involving the finding of facts regarding a specific application of development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, and appeals of administrative determinations.
Recycling center. A building in which used material is separated and processed before shipment to others who will use those materials to manufacture new products.
Recycling collection point. A drop-off point for the temporary storage of recoverable resources. No processing of such items at the recycling collection point is allowed. Such facilities should generally be located in a shopping center parking lot or other public/quasi-public areas, such as churches and schools.
Recycling plant. A facility that is not a junkyard and in which recoverable resources, such as paper, glass, and metal products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for consumption.
Religious institution. A church, synagogue, temple, mosque, or other places of religious worship, including any accessory use or structure, such as a school, daycare center, or dwelling, located on the same lot.
Residential care facility. A building or facility used primarily to provide residential, social, and personal care for children, the aged, or others who suffer some limit on the ability for self-care, but where medical care is not a major service, such as adult daycare facilities, homes for the aged, rest homes and other like uses.
Residential development. Buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc., and their associated outbuildings such as garages, storage buildings, gazebos, etc.
Restaurant. An establishment in which food or beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises whether or not entertainment is offered, and including establishments commonly referred to as cafes, grilles, taverns, clubs, private clubs, drive-ins, and fast food establishments.
Retail sales. Stores selling, leasing, or renting consumer, home, and business goods, including antiques, appliances, art, art supplies, bicycles, book, butcher, clothing, dry goods, electronic equipment, fabric, food sales, furniture, garden supplies, gifts, groceries, hardware, hobby, home improvement products, household products, jewelry, music, pets, pet food, pharmaceuticals, plants, printed material, stationery, sales or leasing of consumer vehicles including passenger vehicles, motorcycles, light, and medium trucks and other recreational vehicles, shoes, sporting goods, toy, variety, videos, and including similar sale establishments.
Retail services. Establishments providing services, as opposed to products, to the general public for personal or household use, including an attorney, finance, insurance, and real estate offices; galleries, hotels, motels, restaurants, and health educational and social services, and including similar service establishments.
Satellite dish antenna. An antenna, three feet (3') or more in diameter, designed to receive television, radio, and other communication signals primarily from orbiting satellites.
Schools. A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, middle high schools, and high schools.
Senior housing. Multi-family housing designed for and occupied by persons fifty-five (55) years of age or older.
Service station. See Automotive service station.
Setback. A line establishing the minimum allowable distance between the nearest portion of any or building, excluding the outermost five feet (5') of any overhang, uncovered porches, steps, gutters, and similar fixtures, and the related front, rear, or side property or right-of-way line, whichever is closest to the building. Sign setbacks shall apply to the entire sign, including any overhang or projection.
Sign. Any object, devise, structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
Signs do not include the flag or emblem of any nation, organization of nations, state, city, or any fraternal, religious, or civic organizations; works of art which in no way identify an object, person, institution, organization, business, product, service, event or location by any means; or scoreboards located on athletic fields.
Definitions:
(1) Amortization. A provision requiring nonconforming signs to either become conforming or be removed within a set period, otherwise known as the amortization period.
(2) Awning. A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building, but not a canopy.
(3) Building wall. The entire surface area, including windows and doors, of an exterior wall of a building. For this chapter, the area of a wall will be calculated for only the first three stories, or forty-five (45) feet in height of a building, whichever is less.
(4) Campaign or election sign. A sign that advertises a candidate or issue to be voted upon on a definite election day.
(5) Canopy. A permanent structure, not enclosed and not retractable, attached or unattached to a building, to provide shelter to patrons or motor vehicles, or as a decorative feature on a building wall.
(6) Changeable copy. Copy that is or can be changed in the field, either manually or through mechanical means, e.g., reader boards with changeable letters.
(7) Commercial message. A message placed or caused to be placed before the public by a person or business enterprise directly involved in the manufacture or sale of the products, property, accommodations, services, attractions, or activities that are offered or exist for sale or hire.
(8) Copy. Any words, letters, numbers, figures, characters, symbols, logos, or insignia that are used on a sign display surface area.
(9) Farm product sales. Seasonal sale of farm products raised on the premises where products are sold only as an accessory to agricultural use.
(10) Grade. The height of the top of the curb, or if no curb exists, the height of the edge of pavement in the lane of travel adjacent to the sign.
(11) Linear frontage. The length of a property adjoining a public right-of-way from one side lot line to another.
(12) Logo. A business trademark or symbol.
(13) Out parcel. A parcel of land associated with a shopping center or multi-tenant development, which is designated on an approved site plan as a location for a free-standing structure with an intended use such as but not limited to, banks, savings and loans, dry cleaners, service stations, offices, restaurants, retail establishments, or combination of uses thereof, and adjoins the shopping center or multi-tenant development, or the parking and service drives associated with it, on any side adjacent to a public right-of-way.
(14) Parapet. A low wall encircling the perimeter of a flat building roof generally used to screen roof-mounted mechanical equipment.
(15) Planned development. A tract of land under a single corporation, partnership, or association ownership, planned and developed as an integral unit in a single development operation or a programmed series of development operations and according to an approved development plan (according to Article I).
(16) Premises. A parcel of real property with a separate and distinct identifying number shown on a recorded plat, record of survey, parcel map, subdivision map, or a parcel legally created or established under applicable zoning. Out parcels of shopping centers shall be considered on the premises of the shopping center for this chapter.
(17) Roof line. The highest point of a flat roof or mansard roof and the lowest point of a pitched roof, excluding any minor projections or ornamentation.
(18) Sight distance triangle. The triangular area formed by the point of intersection of two street right-of-way lines and a point located along each right-of-way line at a distance of thirty-five (35) feet from the point of intersection.
(19) Sign. Any object, devise, structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state, city, or any fraternal, religious, or civic organizations; works of art which in no way identify an object, person, institution, organization, business, product, service, event or location by any means; or scoreboards located on athletic fields.
(20) Sign structure or support. Any structure that supports or is capable of supporting a sign.
(21) Sign types. The following are types of signs included in this chapter.
a. Banner. A sign intended to be hung, with a message or symbol applied to plastic or fabric of any kind, but excluding flags or emblems of any nation, organization of nations, state, city, or any fraternal, religious, or civic organization.
b. Bulletin board. A sign used to announce meetings or programs to be held on the premises of a church, school, auditorium, library, museum, community recreation center, or similar noncommercial place of public assembly.
c. Business sign. A sign that directs attention to a business, to a product sold, manufactured, or assembled, or to services or entertainment offered upon the premises where the sign is displayed; but not a sign about the preceding if such activity is only minor and incidental to the principal use of the premises.
d. Campaign or election sign. A sign that advertises a candidate or issue to be voted upon on a definite election day.
e. Canopy and awning signs. A sign attached to or painted or printed onto a canopy or awning. The permitted size of a canopy or awning sign will be calculated based on the size of the building wall to which the canopy is attached. It will, for measuring purposes, be considered a wall sign.
f. Construction sign. A sign placed at a construction site identifying or announcing the project or the name of the architect, engineer, contractor, financier, or others involved in the development of the project.
g. Detached sign. Any sign that is not affixed or attached to a building and is securely and permanently mounted in the ground. Such a sign may be a ground-mounted sign or monument sign.
h. Directional or instructional sign. An on-premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "entrance," "exit," "parking," "one-way," or similar direction or instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign.
i. Directory sign. A sign that identifies multiple uses in a planned development on a single sign; may be used for shopping centers, shopping streets or arcades, office complexes, schools, churches, institutional or business campuses, and similar large complexes which have a variety of tenants and/or uses.
j. Electronic message sign. A sign capable of displaying words, symbols, figures, or images and that can be electronically or mechanically changed by remote or automatic means. Electronic message signs may be part of wall-mounted signs, ground-mounted signs, or window signs.
k. Ground mounted sign. A sign that extends from the ground or which has support that places the bottom thereof less than three (3) feet from the ground.
l. Government sign. Any temporary or permanent sign erected and maintained for any governmental purposes.
m. Flag. A piece of durable fabric of distinctive design attached to a permanent pole that is used as a symbol or decorative feature.
n. Flashing sign. A sign that uses an intermittent or flashing light source to attract attention.
o. Identification sign. A sign that display only the name, address, and/or crest, insignia, trademark, occupation, or profession of an occupant or the name of any building on the premises.
p. Incidental sign. A sign used in conjunction with equipment or other functional elements of use or operation. These shall include, but not be limited to, drive-through-window menu boards; signs on automatic teller machines, gas pumps, or vending machines; or newspaper delivery boxes.
q. Memorial sign or plaque. A sign designating the name of a building and/or date of erection and other items such as architect, contractor, or others involved in the building's creation, cut into, or attached to a building surface.
r. Monument sign. A monolithic sign in which the bottom of the sign is flush with the ground.
s. Nonconforming sign. Any sign that was lawfully erected in compliance with applicable code provisions and maintained before the effective date of this chapter and which fails to conform to all applicable standards and restrictions of this chapter.
t. Off-premises sign. A sign that directs attention to a business, commodity, or service conducted, sold, or offered at a location other than the premises on which the sign is erected.
u. On-premises sign. A sign that directs attention to a business, commodity, or service that is conducted, sold or offered on the premises on which the sign is erected.
v. Outdoor advertising sign. A type of sign, generally, but not always, consisting of a rigidly assembled sign, display, or devise, usually free-standing, that is affixed to the ground or to a building, the primary purpose of which is to display advertising posters. Such signs, commonly referred to as "billboards," are generally designed so that the copy or poster on the sign can be changed frequently and the advertising space is for lease.
w. Planned development sign. A sign used in conjunction with an approved planned residential, office, business, industrial, or mixed-use development.
x. Portable or movable sign. A sign that is not permanently attached to the ground, a structure, or a building, and which can easily be moved from one location or another, for example, a sign on wheels.
y. Projecting sign. A sign that is affixed to a building and supported only by the wall on which it is mounted; considered a wall sign for purposes of this chapter.
z. Public interest sign. A sign on private property that displays information pertinent to the safety or legal responsibilities of the general public, such as warning and no trespassing signs.
aa. Real estate sign. Sign that is used to offer for sale, lease, or rent the premises upon which such sign is placed.
bb. Primary sign. The main or principal sign is located on the premises.
cc. Roof sign. A sign erected or maintained in whole or in part upon or over the roof or parapet of a building.
dd. Secondary business identification sign. An auxiliary wall sign, the purpose of which is to identify a business which is housed in the same structure as the principal business but which is subordinate to, and has separate ownership, management, and operation from, the principal business which occupies the building.
ee. Secondary sign. A sign used in addition to a primary sign on-premises.
ff. Temporary sign. A sign that is not permanently installed in the ground or affixed to any structure or building and which is erected for some time as permitted in this chapter.
gg. Temporary planned development sign. A sign that pertains to the development of a new commercial, residential, or mixed-use development while it is under construction.
hh. Vehicular sign. Signs on parked vehicles visible from the public right-of-way where the primary purpose of the vehicle is to advertise a product or to direct people to a business or activity located on the same or nearby property. For this chapter, vehicular signs shall not include business logos, identification, or advertising on vehicles primarily used for other business purposes.
ii. Wall sign. Any sign directly attached to an exterior wall of a building or dependent upon a building for its support. Signs directly painted on walls shall be considered wall signs.
jj. Wall sign area. The wall sign area is the total square footage of all wall signs associated with a business or structure.
kk. Wall face area. Wall face area is the total square footage of a building front measured by the building height multiplied by the linear width of the building or store bay.
ll. Window sign. Any sign attached to or directly applied onto a window or glass door of a building intended for viewing from the exterior of the building.
Single-family home. See Dwelling, single-family.
Single family residential. Any development where: 1) no building contains more than one dwelling unit; 2) every dwelling unit is on a separate lot; and 3) where no lot contains more than one dwelling unit.
Site plan. A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height, and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that apply to the project and the site plan review.
Site specific vesting plan. A plan submitted to the Town of Valdese under Section 9-3041 and subject to the provisions of G.S. 160D-108.1 describing with reasonable certainty the type and intensity of use for a specific parcel or parcels.
Special use permit. A permit which authorizes development or land uses in a particular zoning district which, upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards as well as compliance with specific standards, would promote the public health, safety, and general welfare. The term includes permits previously referred to as conditional use permits.
Story. The space within a building, other than a cellar, included between the surface of any floor and the surface of the ceiling next above. In computing the height of a building, the height of a basement or cellar shall not be included where more than one-half of the height of such basement or cellar is below the average adjoining grade.
Street (public road, lane, way, terrace, drive). A dedicated and accepted public right-of-way used, or intended to be used, for passage or travel by motor vehicles which affords the principal means of access to adjoining properties.
Street, private. Any right-of-way or area set aside to provide vehicular access that has not been accepted for maintenance or intended to be accepted for maintenance by the Town or the State of North Carolina and which is not maintained by the Town or the State of North Carolina. An entity other than the Town, such as property owners, homeowner's association, community group, property management company, or similar type of organizations, shall be responsible for upkeep and maintenance.
Structural alterations. Any change, except for repair or replacement, in the supporting members of a structure, such as but not limited to bearing walls, columns, beams, or girders.
Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including buildings, sheds, carports, swimming pools, shelters, decks, patios, fences, business signs, and billboards and similar structures.
Subdivision. The division of land for sale or development as specified in G.S. 160D-802.
Subdivision regulation. A subdivision regulation authorized by G.S. Chapter 160D, Article 8.
Taproom/tasting room. A room and use that is ancillary to a brewery, microbrewery, or brewpub maintained for tasting, selling, and consumption of malt beverages manufactured on premise.
Temporary family health care structure. A transportable residential structure providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who shall be the mentally or physically impaired person; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the State Building Code and G.S. 143-139.1(b).
Temporary portable building. A building intended for non-residential use for a limited period, consisting of one or more modules constructed off the ultimate site of use and transported to that site either on its wheels or otherwise.
Temporary uses and structures, including seasonal markets. See Outdoor seasonal sales.
Ten-acre exempt development. A division of land that meets the statutory exemption from subdivision regulations as outlined in G.S. 160D-802(a)(2), whereby all tracts are greater than ten (10) acres and where no street right-of-way dedication is involved. A ten-acre development must adjoin a public street and shall not exceed five-building parcels.
Truck terminal. A building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semi-trailers, including tractor and/or trailer units and other trucks, are parked or stored
Two-family dwelling. See Dwelling, two-family.
Vape shop. An electronic nicotine delivery system (ENDS) establishment specializing in the selling of a variety of products, including ENDS devices, replacement pieces, hardware, E-liquid, and other ENDS-related products.
Variance, zoning. Permission by the Board of Adjustment that authorizes the recipient to do that which, according to the strict letter of this chapter, he could not otherwise legally do. Subject to other provisions of this chapter and North Carolina General Statutes, the Board of Adjustment may permit a variance from certain provisions of this chapter upon making the findings outlined in Article XI of this chapter.
Veterinary hospital or clinic. A use or structure intended or used primarily for the testing and treatment of the physical disorders of animals; not principally used for the overnight boarding or grooming of well animals; not permitting outdoor cages, pens, or runs for the confinement of animals unless expressly permitted in the district; and not used for the training of animals. The operator shall be licensed by and under the control of the North Carolina State Veterinary Medical Board.
Water dependent structure. Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purposes, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not water-dependent structures.
Watershed. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake.)
Watershed Administrator. An official designated by the town responsible for administration and enforcement of this article. This term shall also include the term "Zoning Enforcement Officer."
Watershed variance. A permission to develop or use property granted by the Board of Adjustment or Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this chapter.
Winery. A building or property that produces wine, which may include a tasting room.
Yard. A space on the same lot with a principal building, open, unoccupied, and unobstructed by building or structure from ground to sky except where encroachment and accessory buildings are expressly permitted.
Yard, front. An open space on the same lot between the principal building facade and the closer of the front street right-of-way line or property line extending the full width of the lot.
Yard, rear. An open space between the rear line of the principal building and the rear line of the lot and extending the full width of the lot.
Yard, side. An open, unoccupied space on the same lot with a principal building between the sideline of the building and the side line of the lot and extending from the front yard line to the rear yard line.
Zoning map amendment or rezoning. An amendment to a zoning regulation to change the zoning district that is applied to specified property or properties. The term also includes (1) the initial application of zoning when land is added to the territorial jurisdiction of the Town of Valdese that has previously adopted zoning regulations; and (2) the application of an overlay zoning district. The term does not include (1) the initial adoption of a zoning map by the Town of Valdese; (2) the repeal of a zoning map and re-adoption of a new zoning map for the entire planning and development regulation jurisdiction; or (3) updating the zoning map to incorporate amendments to the names of zoning districts made by zoning text amendments where there are no changes in the boundaries of the zoning district or land uses permitted in the district.
Zoning Enforcement Officer. The town official responsible for enforcement and administration of this chapter. This term shall also include the terms "Watershed Administrator" and "Zoning Administrator"."
Zoning permit. A permit issued by the Zoning Administrator indicating compliance with the requirements of this chapter. This term shall also include the term "Watershed Protection Permit."
Zoning regulation. A zoning regulation authorized by G.S. Chapter 160D, Article 7. (Ord. of 1/10/05; Ord. of 11/5/07; Ord. of 12/6/10; Ord. of 12/3/12; Ord. of 12/1/14; Ord. of 6/29/15; Ord. of 3/3/16; Ord. of 4/4/16; as amended by Ord. of / /; Ord. of 6/28/21)
Section 9-3021 Use districts.
The town is hereby divided into eight (8) zoning districts designated as follows:
R-12 Residential District
R-12A Residential District
R-8 Residential District
O-I Office-Institutional District
B-1 Central Business District
B-2 General Business District
M-1 General Manufacturing District
FP Floodplain Overlay District
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3022 Zoning districts map.
(a) Where, due to the scale, lack of detail, or illegibility of the zoning map, there is uncertainty, contradiction, or conflict as to the intended location of any zoning district boundary as shown thereon, the Zoning Administrator shall interpret said map upon request of any person. Any person aggrieved by such interpretation may appeal such interpretation to the Zoning Board of Adjustment. The Zoning Administrator and the Zoning Board of Adjustment, in interpreting the zoning map or deciding any appeal, shall apply the following standards:
(b) Boundary lines:
(1) Zoning district boundary lines are intended to follow lot lines or be parallel or perpendicular thereto or along the center lines of alleys, streets, rights-of-way, or water courses unless such boundary lines are fixed by dimensions shown on the zoning map.
(2) Where zoning districts boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines.
(3) Where a zoning district boundary line divides a lot, the location of any such zoning district boundary line, unless indicated by dimensions shown on the zoning map, shall be determined by the use of the map scale shown thereon. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3031 Application.
(a) Use. No building or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, moved, or structurally altered except in conformity with the regulations of this chapter or amendments thereto, for the district in which it is located.
(b) Height and density. No building shall hereafter be erected or altered to exceed the height limit or to exceed the density regulations of this chapter for the district in which it is located.
(c) Lot size. No lot shall be reduced in size so that the lot width or depth, front, side, or rear yards, lot area per family, or other requirements of this chapter are not maintained, except in cases of street widening.
(d) Yard use limitations. No part of a yard or other open space required around any building to comply with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
(e) One principal building on any lot. Every building hereafter erected, moved, or structurally altered shall be located on a lot of records, and in no case shall there be more than one (1) principal building and its customary accessory buildings on any lot, except in the case of a specially designed complex of institutional, residential, industrial, or commercial buildings in an appropriate zoning district, as permitted by Article I of this chapter.
(f) Building lot must adjoin public street. No building shall be constructed, erected upon, or moved to any lot that does not adjoin by at least thirty-five (35) feet a publicly dedicated or maintained street or on a private street that meets the standards of the North Carolina Department of Transportation Street standards as to maintenance, disclosure, and construction except as provided in Section 9-3040, Provisions for Landlocked Lots, Section 9-3047, Provisions for Ten-Acre Exempt Developments, and Section 9-4048, Provisions for Gated Subdivisions.
(g) Necessary repairs permitted. Nothing in this Chapter shall prevent the strengthening or restoration to a safe or lawful condition of any part of any building or structure declared unsafe or unlawful by the Building Inspector, the Fire Chief, or any other duly authorized town officials.
(h) Water and sewer requirements. The lot sizes for the various districts in Article E of this chapter were drawn based upon the assumption that adequate water supply and sewage disposal systems are available to every lot. The lack of adequate systems for one or both facilities may require larger lot areas or, in some instances, not permit development as intended. (Ord. of 1/10/05; Ord. of 12/6/10; as amended by Ord. of / /; Ord. of 6/28/21)
Section 9-3032 Nonconforming uses.
After the effective date of this chapter, existing structures, or the uses of land or structures which would be prohibited under the regulations for the district in which it is located (if they existed on the adoption date of this chapter), shall be considered as nonconforming. Nonconforming structures or uses (as defined in Article B of this chapter) may be continued provided they conform to the following provisions. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3032.1 Continuing nonconforming uses of land.
(a) Extension of use. The enlargement or extension of nonconforming uses of land is prohibited.
(b) Change of use. Any nonconforming uses of land may be changed to a conforming use or, with the approval of the Town Council, to any use more in character with the uses permitted in the district in question.
(c) Cessation of use. When a nonconforming use of land is discontinued for a consecutive period of one hundred eighty (180) days, the property involved may thereafter be used only for conforming purposes. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3032.2 Continuing the use of nonconforming buildings.
(a) Extension of use. Nonconforming buildings and nonconforming uses may not be enlarged. Additionally, no nonconforming structure or use may be enlarged or altered in any way, which increases its dimensional deficiencies.
(b) Change of use. Except as otherwise provided, the lawful use of a building existing at the time of the adoption of this chapter may be continued, even though such use does not conform to the provisions of this chapter. Furthermore, such building may be structurally altered and any nonconforming use therein changed subject to the following regulations:
(1) The order of classification of uses from highest to lowest for the purpose of this section shall be as follows: residential district uses, business district uses, industrial district uses, as permitted by this chapter.
(2) A nonconforming use may be changed to a use of higher classification but not to a use of lower classification. A nonconforming use may not be changed to another use of the same classification unless the new use shall be deemed by the Town Council, after public notice and hearing, to be less harmful to the surrounding neighborhood than the existing nonconforming use.
(3) A nonconforming commercial or industrial use may not be extended, but the extension of use to any portion of a building, which portion is at the time of the adoption of this chapter primarily designed for such nonconforming use, shall not be deemed to be an extension of a nonconforming use.
(4) A special use permit has been issued by the Town Council for the proposed change or alteration.
(c) Cessation of use. If a nonconforming use is discontinued for a consecutive period of one hundred eighty (180) days, any future use of the buildings and premises shall conform to the provisions of this chapter.
(d) Repairs, maintenance, damage, or destruction.
(1) Minor repairs to and routine maintenance of property where non-conforming situations exist is permitted and encouraged. A major renovation, i.e. works to cost more than twenty-five percent (25%) of the appraised valuation of the structure to be renovated, may be done only following the regulations of the district in which it was located. The twenty-five percent (25%) cost limit stated above shall include all work within any eighteen (18) months.
(2) Nothing in this section shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, following an official order of a public official. When improvements are made to restore the property to a safe condition, the costs of such repairs or alterations shall not be included in the twenty- five percent (25%) noted in the preceding division.
(3) If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would exceed fifty percent (50%) of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only per the regulations of the district in which it is located. Any repairs or replacement of a nonconforming situation, including residential structures, must be started (obtain building permit) within one hundred eighty (180) days after the initial damage.
(e) Manufactured homes. Regarding manufactured homes, refer to Article G. (Ord. of 1/10/05; Ord. of 1/7/08; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3033 Interpretation of district regulations.
(a) Uses by right. Uses not designated as permitted by right or subject to additional conditions shall be prohibited. Special uses are permitted according to the additional regulations imposed. These special uses may be approved only by the Town Council. Additional uses when in character with the district may be added to the chapter by amendment.
(b) Minimum regulations. Regulations set forth by this chapter shall be minimum regulations. If the district requirements outlined in this section are at variance with the requirements of any other lawfully adopted rules, regulations, or chapters, the more restrictive or higher standard shall govern.
(c) Land covenants. Unless restrictions established by covenants for the land are prohibited by or are contrary to the provisions of this chapter, nothing herein contained shall be construed to render such covenants inoperative. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3034 Zoning of annexed areas.
Any areas annexed into the town, upon annexation, shall be rezoned to an appropriate zoning district upon recommendation by the Planning Board and approval by the Town Council following notifications and public hearings as required by North Carolina General Statutes. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3035 Lot of record.
(a) Where the owner of property consisting of one (1) or more lots of record in any district at the time of adoption of this chapter or his successor in title does not own sufficient contiguous land to conform to the minimum area and width requirements of this chapter, such property may be used as a building site, provided that the requirements of the district are complied with, or a variance is obtained from the Board of Adjustment.
(b) Notwithstanding the foregoing, whenever two or more adjoining vacant lots of record are in single ownership at any time after the adoption of this chapter, and such lots individually have less area or width than the minimum requirements of the district in which such lots are located, such lots shall be considered as a single lot or several lots which meet the minimum requirements of this chapter for the district in which such lots are located.
(c) Every lot to be built upon shall adjoin, by at least thirty-five (35) feet, a public street or another public way, and no dwelling shall be placed or built upon a lot that does not adjoin upon a public street or another public way by the same distance except as provided in Section 9-3040, Provisions for Landlocked Lots, Section 9-3047 Provisions for Ten-Acre Exempt Development, and Section 9-3048, Provisions for Gated Subdivisions. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 12/6/10; as amended by Ord. of / /; Ord. of 6/28/21)
Section 9-3036 Front yard setbacks for dwellings.
The front yard setback requirements of this chapter for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within one hundred (100) feet on either side of the proposed dwelling and the same side of the same block and use district as such lot is less than the minimum required front yard depth. In such case, the setback on such lots may be less than the required setback but not less than the average of the existing setbacks on the aforementioned lots, or a distance of ten (10) feet from the street right-of-way line whichever is greater. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3037 Height limitations.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy; monuments; water towers; chimneys; smokestacks; conveyors; flag poles; masts; serials, and similar structures except as otherwise noted in the vicinity of airports. Telecommunications towers shall adhere to the height restrictions of Article P. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3038 Visibility at intersections.
(a) The minimum development standards outlined in this section shall apply to land adjoining street intersections delineated as follows:
(1) A triangular area formed by intersecting the sides on the curb (or pavement edge where there is no curb) measuring thirty-five (35) feet in each direction along the curb or pavement edge from the point of intersection and on the third side by the diagonal line connecting the ends of the thirty-five (35) foot sides as illustrated; or
(2) A triangular area formed by intersecting the street right of way lines measuring twenty-five (25) feet in each direction from the point of intersection along the street right of way, and on the third side by the diagonal line connecting the ends of the thirty-five (35) foot sides as illustrated.
(3) Within the triangular areas as described above, and except as provided below, no structure, sign, plant, shrub, tree, berm, fence, wall, or other objects of any kind shall be installed, constructed, set out, or maintained to obstruct cross-visibility at a level that exceeds thirty (30) inches above the level of the center of the street.
(4) On streets maintained by the North Carolina Department of Transportation, additional sight distance requirements may apply.
(5) In other than ninety (90) degree intersections or where grades mandate, the Town of Valdese may impose additional sight triangles.
Exemptions
The restrictions outlined in Section 9-3038 shall not apply to the following:
(a) Existing natural grades which, because of the natural topography, rise thirty (30) or more inches above the level of the center of the adjacent intersection;
(b) Limbs and foliage from trees outside the triangular area trimmed in such a manner that no limbs or foliage extend into the triangular area between thirty (30) and ninety-six (96) inches above the level of the center of the butting intersection;
(c) Fire hydrants, public utility poles, street markers, governmental signs, electrical junction boxes, and traffic control devices.
(d) The clear sight triangles at street intersection restrictions established in this Section shall not apply to structures located in the B-1 Central Business District. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3039 Location of accessory buildings.
(a) On any residential lot, except as hereafter provided, accessory buildings shall not be located in any front or side yard, shall not cover more than thirty percent (30%) of any rear yard, and shall be at least five (5) feet from any other building on the same lot and at least twenty (20) feet from any buildings used for human habitation on adjoining lots. Also, the size of the footprint of any accessory structure shall not exceed the size of the total footprint of the principal structure, and the footprint of the accessory structure shall not be greater than one thousand (1,000) square feet. All parts of the building, including the footings and roof overhang, shall be a minimum of ten (10) feet from any lot line; and further provided that in the case of corner lots, such buildings or structures shall be set back at least twenty (20) feet from any side line right-of-way line. Exception: residential accessory buildings located in the B-1 Zoning District shall be a minimum of five (5) feet from any lot line.
(b) Residential carports may be permitted in the side yard of a single-family dwelling, provided such carports meet the side yard setback of a principal structure for the applicable zoning district. For this section, a residential carport shall be defined as an accessory building consisting of a roof where the side walls are open and where the purpose of such a structure is to provide covered parking for non-commercial (passenger) motor vehicles. The storage of materials or equipment other than motor vehicles in a residential carport is prohibited if the carport is not located in the rear yard.
(1) A detached garage may be permitted in the side yard of a single-family dwelling provided such garage meets all of the side yard setbacks of the principal structure for the applicable zoning district and that it meets the general requirements/conditions for a detached garage as outlined in Section 9-3061.
(2) A residential property owner may apply for a special use permit to build a detached garage within the front yard subject to meeting all of the conditions outlined in Section 9-3060.
(c) Residential accessory buildings may be located in a front, or side yard provided the lot is used for single-family purposes and is greater than five (5) acres in size (area). In such a case, the residential accessory building shall be set back from the front property line a minimum of two hundred (200) feet and shall meet all other applicable setbacks. In addition, the size of the footprint of any accessory structure shall not exceed the size of the total footprint of the principal structure, and the footprint of the accessory structure shall not be greater than one thousand (1,000) square feet.
(d) On any commercial or industrial lot, accessory buildings may be located in a side or rear yard, provided they do not cover more than fifty percent (50%) of the total area of the lot. Such accessory buildings shall be at least ten (10) feet from any other building on the same lot and at least twenty (20) feet from any buildings used for human habitation on adjoining lots. Vehicular canopies for gas pumps may project into a required front setback; provided, however, such canopies may project no closer than within five (5) feet of the right-of-way line or property line, and such structures may not extend into a required buffer or side yard setback areas. All parts of each accessory building, including the footings and roof overhangs, shall be a minimum of ten (10) feet from any lot or right of way line. Fuel pumps shall be at least twenty (20) feet from property or right-of-way lines. Accessory buildings and structures shall be set back at least twenty (20) feet from any side property or right of way line. Exception: non-residential accessory buildings located in the B-1 Zoning District shall be a minimum of five (5) feet from any lot or right of way line. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/29/15; Ord. of 6/28/21)
Section 9-3040 Provisions for landlocked lots.
Existing landlocked lots within the residential zoning district, defined as a lot that does not adjoin a public street by at least thirty-five (35) feet and therefore does not meet the requirement that the lot has a minimum frontage on a public street of thirty-five (35) feet, may nevertheless be developed for one single-family dwelling unit if the lot otherwise meets the zoning requirements of the zone in which the lot is located and provided that the lot has a recorded easement of ingress and egress to and from a public street which is appurtenant to the lot and which meets the following requirements:
(a) A private easement with a minimum continuous width of twenty-five (25) feet is acquired from intervening property owners; provided, however, an easement with a minimum continuous width of less than twenty-five (25) feet and a maximum length of three hundred (300) feet may be permitted only in situations where an easement with a minimum continuous width of twenty-five (25) feet would create a nonconformity for this chapter;
(b) The recorded documents creating the easement that public service, utility, and emergency personnel and vehicles shall have freedom of ingress and egress to and from the landlocked property;
(c) The recorded documents shall include a maintenance agreement specifying the party responsible for maintaining the easement and its traveled surface;
(d) The easement must have an all-weather surface of gravel, concrete, or asphalt with a minimum continuous width of ten (10) feet to ensure access of public service, utility, and emergency personnel and vehicles;
(e) Landlocked lots shall not be subdivided.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3041 Vested rights.
(a) Except where a longer vesting period is provided by statute or land development regulation, the statutory vesting granted, once established, expires for an uncompleted development project if development work is intentionally and voluntarily discontinued for a period of not less than twenty-four (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 twenty-four (24) consecutive months. The twenty-four (24) month discontinuance period is automatically tolled during the pendency of any board of adjustment proceeding regarding the validity of a development permit, the use of the property, or the existence of the statutory vesting period granted by this article.
(b) The purpose of this section is to implement the provisions of G.S. 160D-108.1 under which a statutory zoning vested right is established upon approval of a site-specific vesting plan.
(c) Definitions.
(1) Approval authority. Governing Board, or other board or official designated by this chapter as being authorized to grant the specific zoning or land use permit approval that constitutes a site-specific development.
(2) Site specific vesting plan as defined in Article B Definitions.
a. The plan may be in the form of, but not be limited to, any of the following plans or approvals:
1. Special use permit as provided by this chapter
2. Major subdivision preliminary plat approval as provided in the Town of Valdese Subdivision Regulations
3. Planned unit development as provided in this chapter.
b. Notwithstanding the foregoing, neither a sketch plan nor any other document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels shall constitute a site-specific vesting plan.
c. A variance shall not be considered to be a site-specific vesting plan
(3) Zoning vested rights. A right under G.S. 160D-108.1 to undertake and complete the development and use of property under the terms and conditions of an approved site-specific vesting plan, provided that such development shall begin within two (2) years following issuance of the zoning vested right.
a. Two to five years. A vested right for a site-specific vesting plan remains vested for two years. This vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly provided by the Town of Valdese. Notwithstanding the provisions of section, the Town of Valdese may provide for rights to be vested for a period exceeding two (2) years but not exceeding five (5) years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations.
b. Seven years, multi-phased developments. A multi-phased development, if approved, shall have a vested right of seven (7) years for the entire development with the zoning and subdivision regulations in place at the time of the original. Multi-phased development is defined as a development with a minimum size of twenty- five (25) acres that is both of the following:
1. Submitted for development permit approval to occur in more than one phase.
2. Subject to a master development plan with committed elements showing the type and intensity of use of each phase.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3042 Permitted accessory uses and structures.
The following accessory uses are permitted:
(a) Accessory uses and structures that are related to and incidental to the permitted principal use or structure on the lot (see Section 9-3039).
(b) Fences and walls. Fences consisting of masonry, rock, wire, or wooden material and hedges may be installed on any residential lot, provided that the height of such fencing or walls shall be limited to a maximum height of four (4) feet in the front yard. Fencing and walls in the side or rear yard of residential property shall be limited to a maximum of eight (8) feet in height. Retaining walls and required screenings shall not be subject to the above height requirements.
(c) Parking lots. See Article F, Off-Street Parking Requirements.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3043 Setbacks along thoroughfares.
Under the authority granted by G.S. 160D-916, the following setback requirements shall apply to lots along thoroughfares:
(a) The minimum street setbacks for lots in each zoning district that adjoins a thoroughfare shown in the adopted thoroughfare plan shall be measured from the existing right-of-way line for each classification of the thoroughfare and shall meet the following requirements:
Thoroughfare Classification | Additional Setback |
Existing street recommended for securing additional right- of-way of ten (10) feet or less | Ten (10) feet |
Existing street recommended for securing additional right-of- way of more than ten (10) feet | One-half the difference between the existing and recommended rights-of-way, but less than ten (10) feet |
Not recommended for securing additional right-of-way | No additional setback required |
Note: Where rights-of-way for street widening have been acquired, setbacks shall be measured from the right-of-way line that has been established. | |
(b) Use of additional setback. The additional setback adjacent to the existing right-of-way may not be developed for parking but may be used for fences, buffers, landscaping, signs, lighting fixtures, or other similar improvements. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3044 Property maintenance.
(a) This section shall apply to all properties within the town jurisdiction. The requirements contained herein shall become effective upon adoption of this chapter; however, no enforcement proceedings shall commence under this section until sixty (60) days after adoption. This sixty (60) day period is to allow property owners time to make necessary improvements required under this section.
(b) Construction. All new structures shall be designed, constructed, and maintained per the following standards: All structures shall comply with applicable provisions of this chapter and the North Carolina State Building Code as adopted by N.C. State Building Code Council, and the Town Minimum Housing Code, and other building chapters may be adopted and or amended by the town from time to time.
(c) Maintenance. All structures erected, occupied, or continued under this chapter shall be maintained in good structural condition, in compliance with all applicable codes and provisions of this chapter. Specifically:
(1) All existing structures shall comply with applicable provisions of this chapter and the following codes, including but not limited to the: North Carolina State Building Code Volume IX - Existing Buildings, the requirements of the code under which the building was built, and the Town Minimum Housing Code.
(2) A structure shall have no more than twenty percent (20%) of its exterior roofs, walls, and other elements of the structure covered with disfigured, cracked, or peeling surface materials for more than thirty (30) consecutive days.
(3) A structure shall not be maintained with broken windows, holes in exterior surfaces including roofs and walls, ripped awnings, loose materials, loose elements, or other obvious exterior defects for more than thirty (30) consecutive days. Exterior materials shall form a weather-tight surface with no holes, excessive cracks, or decayed surfaces that permit air to penetrate rooms where such rooms are designed, used, permitted, or intended for human occupancy or use.
(4) A structure shall not have weeds, trees, vines, or other vegetation growing upon it greater than twelve (12) inches in height in an untended manner for more than fifteen (15) consecutive days.
(5) All site lighting, parking areas, fences, railings, driveways, curbs, wheel stops, sidewalks, gutters, stormwater management areas and systems, and other improvements and appurtenances shall be maintained in working order and reasonably free of defects. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3045 Home occupations.
(a) In a zoning district in which a home occupation is permitted, the home occupation must meet the following requirements:
(1) The home occupation must be incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling.
(2) A home occupation conducted in an accessory structure shall be housed only in a garage or other accessory structure typically associated with a dwelling.
(3) The use shall employ no person who is not a resident of the dwelling.
(4) A home occupation housed within the dwelling shall occupy no more than twenty-five percent (25%) of the total floor area of the dwelling.
(5) There shall be no visible outside display of stock in trade that is sold on the premises.
(6) There shall be no outdoor storage or visible evidence of equipment or materials used in the home occupation, excepting equipment or materials of a type and quantity that could reasonably be associated with the principal residential use.
(7) Operation of the home occupation shall not be visible from any dwelling on an adjacent lot nor a street.
(8) Only vehicles used primarily as passenger vehicles will be permitted in connection with the conduct of the home occupation.
(9) The home occupation shall not utilize mechanical, electrical, or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare, or other nuisances outside the dwelling or accessory structure housing the home occupation.
(10) Home occupations shall be limited to those uses which do not draw clients to the dwelling regularly.
(11) No business identification or advertising signs are permitted.
(12) All home occupations shall require a zoning permit. Permits are not transferable from address to address.
(13) There may be one annual inspection by the town staff to ensure the home occupation is operating within the requirements specified by this chapter. The town staff shall have the right at any time, upon reasonable request, to enter and inspect the premises covered by the zoning permit for safety and compliance purposes.
(14) In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. no later than 9:00 p.m.
(15) No more than one home occupation shall be permitted within any single dwelling unit or accessory structure.
(16) There shall be no deliveries to or from a home occupation with a vehicle larger than a three-quarter-ton truck.
(17) No home occupation shall cause an increase in the use of any public utilities or services (water, sewer, garbage collection, etc.) so that the combined total use for the dwelling unit and home occupation purposes exceeds the average for residences in the neighborhood.
(18) Home occupations shall comply with all local, state, and federal regulations pertinent to the activity pursued, and the requirements of or permission granted by this section shall not be construed as an exemption from such regulations.
(19) Any non-conforming home occupation shall be discontinued or comply with all applicable provisions of this section within sixty (60) days after the home occupation first became non-conforming.
(20) Any pre-existing (before the date of adoption of this section and approved by zoning permit) home occupation made non-conforming by this section may be continued for two (2) years after the adoption of this section or the discovery of the non-conforming use.
(b) The following uses are permitted in a home occupation:
(1) Architectural, drafting, and graphic services.
(2) Art restoration.
(3) Art/photography studio.
(4) Barber shop.
(5) Beauty salons.
(6) Consulting offices.
(7) Contracting offices.
(8) Data processing.
(9) Dressmaking, sewing, and tailoring.
(10) Electronic assembly and repair.
(11) Engineering services.
(12) Financial planning and investment services.
(13) Flower arranging.
(14) Gardening and landscaping services.
(15) Home crafts.
(16) House cleaning services.
(17) Insurance sales broker.
(18) Interior design.
(19) Jewelry making and repair.
(20) Locksmith.
(21) Mail order (not including retail sales from the site).
(22) Real estate sales broker.
(23) General sales representative.
(24) Tutoring.
(25) Furniture upholstering.
(c) The following uses are prohibited in a home occupation:
(1) Adult-oriented businesses.
(2) Large appliance repair.
(3) Automotive repair shops.
(4) Automotive painting.
(5) Carpentry/cabinet making.
(6) Caterers and food vendors.
(7) Commercial cabinetry shop.
(8) Dance studios.
(9) Furniture construction.
(10) Kennels.
(11) Machine shops.
(12) On-site vehicular sales.
(13) Rental businesses.
(14) Engine/mechanical repair shops.
(15) Trucking services.
(16) Welding shops.
(17) Other uses not listed as a permitted use.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3046 Buffers.
Intent: The purpose of this article is to preserve and protect the health, safety, and general welfare of the residents of the Town of Valdese by promoting the environmental and public benefits of buffers. It is intended to improve compatibility and provide a transition between different zones and preserve the character and aesthetics of an area (see "Buffer" definition in Section 9-3012). (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3046.1 Standards.
(a) When an industrial and commercial property is developed adjacent to vacant property zoned residential or when nonresidential uses are developed in residential zones, a buffer shall be required.
(b) The planted buffers as provided in Section 9-3046 shall be required in all industrial and commercial zones when these areas adjoin residential zones and for all nonresidential uses in residential zones.
(c) All plant types required in this article shall consist of plants at least three (3) feet in height when planted.
(d) When two (2) rows of plantings are required, plants shall be staggered in a triangular pattern so that there is a plant spaced the required distance apart as specified in Section 9-3046.2.4.
(e) When the existing natural buffer provides adequate screening, the existing buffer should remain. The Zoning Enforcement Officer shall determine if sufficient buffer does exist.
(f) The buffer shall be shown in detail on the site plan approved by the town.
(g) The buffer shall be installed and approved before a certificate of occupancy will be granted except when seasonal weather conditions are not conducive; a temporary certificate of occupancy may be issued for up to ninety (90) days.
(h) The buffer shall be maintained, and dead and diseased plants replaced by the owner or occupant of the premises. The outside storage of materials shall be prohibited in the area between the planted buffer and the residential district. The owner or occupant of the premises shall properly and continuously maintain this area.
(i) If a fence is erected on the residential district side of the planted buffer by the party establishing the buffer, the fence shall be one of the following types:
(1) A six-foot-high wood, basket weave type fence;
(2) A six-foot-high picket type fence;
(3) A six-foot-high chain-link type fence;
(4) A six-foot-high open type fence;
(5) A six-foot-high solid masonry wall.
(j) Fences with barbed or razor wire shall be located on the inside of the buffer. The height of the buffer plantings shall equal the height of the barbed or razor wire at the time of the planting. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3046.2 Planting specifications.
(a) Manufacturing-Industrial Zones (M-1) that adjoin residential zones (R-8, R-12, R-12A). A planted buffer shall reach a minimum height of eight (8) feet. Plants used on a buffer shall be a species that forms a continuous year-round opaque screen within three (3) years after planting. The planted buffer shall be composed of two (2) rows of plants no more than ten (10) feet apart in each row. One of the plant types listed in Section 9-3046.1.4 shall be used, and the plants shall be located no further apart than the distance indicated for each plant type. The planted buffer area shall be at least ten (10) feet wide.
(b) Commercial or Business Zones (B-1, B-2, O-I) that adjoin residential zones (R-8, R-12, R-12A) and non-residential uses in residential zones (R-8, R-12, R-12A). A planted buffer shall reach a minimum height of six (6) feet. Plants used on a buffer shall be a species that forms a continuous year-round opaque screen within three (3) years after planting. The planted buffer shall be composed of one (1) row of plants no more than ten (10) feet apart in the row. One of the plant types listed in Section 9-3046.1.4 shall be used, and the plants shall be located no further apart than the distance indicated for each plant type. The planted buffer area shall be at least ten (10) feet wide.
(c) Required buffer heights and topographic considerations. The required height of the planted buffer shall be measured with the elevation of the edge of the adjacent area to be screened. In such cases, as the ground elevation of the location at which the screen is to be planted is less than the elevation of the proposed building site, the required height of the screen shall be increased in an amount equal to the said difference in elevation.
(d) Plant types and spacing. Below are listed the types of plants that shall be used in planted buffers and the maximum distance each plant type shall be planted apart. Substitution for another plant type not listed is to be made in writing to the zoning administrator and is subject to verification that the proposed plant will thrive and provide adequate screening. No more than thirty (30) percent of the total plantings in a buffer shall be deciduous plants.
Plant | Distance Apart (in feet) |
Plant | Distance Apart (in feet) |
Arbor Vitae | 4 |
Ligustrum Japonicum and varieties | 5 |
Photinia | 5 |
Holly | 5 |
a. Nellie R. Stevens | 5 |
b. Fosters #2 | 4 |
c. Savannah | 4 |
d. Bufordi | 5 |
Eleangnus Pungens | 5 |
Osmanthus Varieties | 4 |
Pfitzer Juniper | 4 |
Doublefle Viburnum | 5 |
Forsythia | 3 |
White Pine | 8 to 10 |
Scotch Pine | 5 to 6 |
Deodara Cedar | 8 to 10 |
Dogwood | 8 to 10 |
Flowering Cherry | 8 to 10 |
Flowering Crabapple | 8 to 10 |
Bradford Pear | 8 to 10 |
Oak | 8 to 10 |
Linden | 8 to 10 |
Leyland Cypress | 8 to 10 |
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3047 Provisions for ten-acre exempt developments.
Ten-acre exempt developments shall be approved by the town upon the allowance of a special use permit. Before an application for the permit is approved, there shall be findings that the following general standards are met:
(a) The use will not materially endanger public health, safety, and general welfare.
(b) The use will not substantially injure the value of adjoining.
(c) The use is consistent with any adopted area plans that encompass the property subject to the application.
(d) The development access road shall remain private.
(e) The development access road shall be constructed following the North Carolina Fire Prevention Code standards.
(f) An easement shall be granted to the town to guarantee access for Public Safety, Public Works, and Planning Department.
(g) An entity other than the town, such as property owners, homeowner's association, community group, property management company, or similar type of organizations, shall be responsible for upkeep and maintenance.
(h) The development shall not exceed five (5) building tracts.
(i) Public Works shall not be responsible for any garbage pick-up, rough trash services, white goods, or yard waste, except at a designated area located nearest the entrance to the property, as approved by the town.
(j) The development shall comply with the requirements outlined in the Code of Chapters Part 5 Municipal Utilities, Chapter 1, Water Supply and Distribution, and Chapter 2, Sewer Collection and Disposal. (Ord. of / /; Ord. of 6/28/21)
Section 9-3048 Provisions for gated subdivisions.
Gated subdivisions shall be approved by the town upon the allowance of a special use permit. Before an application for the permit is approved, there shall be findings that the following general standards are met:
(a) The use will not materially endanger public health, safety, and general welfare.
(b) The use will not substantially injure the value of adjoining or abutting property.
(c) The use is consistent with any adopted area plans that encompass the property subject to the application.
(d) Subdivision roads within gated subdivisions shall remain private.
(e) Subdivision roads shall be paved following the North Carolina Department of Transportation Road Standards and shall comply with the North Carolina Fire Prevention Code standards.
(f) The subdivision gate and access road for ingress and egress shall be compliant with the North Carolina Fire Prevention Code and subject to approval by the Planning Department, Fire Department, Police Department, and Public Works Department.
(g) An easement shall be granted to the town to guarantee access for Public Safety, Public Works, and Planning Department.
(h) An entity other than the town, such as property owners, homeowner's association, community group, property management company, or similar type of organizations, shall be responsible for upkeep and maintenance.
(i) The gated ingress/egress areas, along with the exterior gate(s) encompassing the development, shall be kept in working order and shall be repaired and/or replaced in the event they are disabled and/or damaged.
(j) The development shall comply with the requirements outlined in the Code of Chapters Part 5 Municipal Utilities, Chapter 1, Water Supply and Distribution, and Chapter 2, Sewer Collection and Disposal. (Ord. of / /; Ord. of 6/28/21)
Section 9-3051 Neighborhood Residential District (R-8).
Intent: The district shall provide for town-scaled residential development within walking distance (generally one-fourth (1/4) mile) of services. Streets shall be interconnected, and a range of lot sizes is encouraged. The Neighborhood Residential District is to permit the completion and conformity of residential subdivisions. (Ord. of 1/10/05; Ord. of 12/6/10 ; Ord. of 6/28/21)
Section 9-3051.1 Permitted uses.
(a) Uses permitted by right:
(1) Boarding house.
(2) Cemeteries.
(3) Churches.
(4) Essential services 1 and 2.
(5) Family care homes.
(6) Government buildings up to five thousand (5,000) square feet of gross floor area.
(7) Manufactured homes, Class A.
(8) Modular home.
(9) Neighborhood and outdoor recreation.
(10) Parks.
(11) Single-family homes.
(12) Two-family homes (duplexes).
(b) Uses permitted with special requirements.
(1) Accessory dwellings.
(2) Bed and breakfast inns.
(3) Temporary health care structures.
(c) Uses permitted with a special use permit:
(1) Bakeries, delicatessens, and the like, provided the products prepared or processed on the premises, shall only be sold at retail and only on the premises.
(2) Barber and beauty shops.
(3) Day care center.
(4) Florist shops, but not commercial greenhouses.
(5) Grocery stores.
(6) Laundromats.
(7) Mixed uses.
(8) Multi-family building.
(9) Planned unit development - business.
(10) Planned unit development - residential.
(11) Produce stands and open-air markets, retail only.
(12) Public and private elementary and secondary schools.
(13) Residential care facility.
(14) Detached garage located in the front yard.
(15) Ten-acre exempt development.
(16) Gated subdivision.
(d) Permitted accessory structures and uses:
(1) Accessory uses and structures that are clearly related to and incidental to the permitted principal use or structure on the lot.
(2) Day care home.
(3) Home occupations.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of / /; Ord. of 6/28/21)
Section 9-3051.2 Off-street parking and loading requirements.
Off-street parking and loading requirements shall be met for all uses as required by Article F of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3051.3 Sign requirements.
See Article H of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3051.4 Dimensional requirements.
(a) Minimum lot width;
(1) Single-family home - fifty (50) feet.
(2) Two-family home - sixty (60) feet.
(3) Multi-family homes - seventy (70) feet for three (3) dwelling units plus ten (10) feet for each (4) additional dwelling unit.
(4) Non-residential buildings - seventy (70) feet.
(b) Minimum building setback;
(1) Minimum front building setback: twenty (20) feet.
(2) Minimum side building setback: ten (10) feet (fifteen (15) feet for side adjoining a street ROW).
(3) Minimum rear building setback: twenty-five (25) feet.
(c) Maximum building height:
(1) Maximum building height for residential structures: forty (40) feet.
(2) Maximum building height for non-residential structures: fifty (50) feet.
(d) Minimum lot sizes and maximum lot coverages. Development activities that do not require a sedimentation/erosion control plan under State law are subject only to Sections 1 and 3 below.
(1) Lots deeded before October 1, 1993, to be developed for single-family detached dwellings:
a. Either water OR sewer: twenty thousand (20,000) square feet;
b. Water and sewer: eight thousand (8,000) square feet;
c. Maximum permissible lot coverage by principal and accessory buildings shall not exceed forty percent (40%) of the total lot area.
(2) Lots deeded on or after October 1, 1993, to be developed for single-family detached dwellings where the development requires a sedimentation/erosion control plan under State law:
a. OPTION 1:
1. No water AND no sewer: forty thousand (40,000) square feet;
2. Either water OR sewer: twenty thousand (20,000) square feet;
3. Water and sewer: eight thousand (8,000) square feet;
4. Maximum permissible impervious surface coverage as defined in this chapter shall not exceed thirty- six percent (36%) of the total lot area or twenty-four (24%) of the total lot area if the lot is located in a WS-4 critical area or adjoins a curb and gutter street system.
b. OPTION 2:
a. No water AND no sewer: forty thousand (40,000) square feet;
b. Either water OR sewer: twenty-one thousand, seven hundred eighty (21,780) square feet (one-half (½) acre);
c. Water and sewer: fourteen thousand five hundred twenty (14,520) square feet (one-third (1/3) acre), or twenty-one thousand, seven hundred eighty (21,780) square feet (one-half (½) acre) if the lot is located within a WS-4 critical area or if the lot adjoins a curb and gutter street system.
d. Maximum permissible lot coverage by principal and accessory buildings shall not exceed thirty percent (30%) of the total lot area.
(3) Lots to be developed for multi-family dwellings, where the development does not require a sedimentation/erosion control plan under State law:
a. Water and sewer required.
b. Water and sewer: eight thousand (8,000) square feet for the first unit, four thousand (4,000) square feet for the second unit, and three thousand (3,000) square feet for each additional unit.
c. Maximum permissible lot coverage by principal and accessory buildings shall not exceed thirty percent (30%) of the total lot area.
(4) Lots to be developed for multi-family dwellings, where the development requires a sedimentation/erosion control plan under State law:
a. OPTION 1: Water and sewer required.
1. Water and sewer: eight thousand (8,000) square feet for the first unit, four thousand (4,000) square feet for the second unit, and three thousand (3,000) square feet for each additional unit.
2. Maximum permissible impervious surface coverage, as defined in this chapter, shall not exceed thirty-six percent (36%) of the total lot area, or twenty four (24%) of the total lot area if the lot is located within a WS-4 critical area or if the lot adjoins a curb and gutter street system.
b. OPTION 2: Water and sewer required.
1. Water and sewer: fourteen thousand five hundred twenty (14,520) square feet (one-third (1/3) acre) for each unit, or twenty-one thousand, seven hundred eighty (21,780) square feet (one-half (½) acre) for each unit if the lot is located within a WS-4 critical area or if the lot adjoins a curb and gutter street system.
2. Maximum permissible lot coverage by principal and accessory buildings shall not exceed forty percent (40%) of the total lot area. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3052 Residential District (R-12A).
Intent: The R-12A district is intended to be a moderately quiet, medium-high density residential living area consisting of single-family, two-family, and multi-family dwellings, along with limited home occupations and limited private and public community uses. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3052.1 Permitted uses.
(a) Uses permitted by right:
(1) Boarding house.
(2) Cemeteries.
(3) Churches.
(4) Essential services 1 and 2.
(5) Family care homes.
(6) Government buildings up to five thousand (5,000) square feet of gross floor area.
(7) Modular home.
(8) Neighborhood and outdoor recreation.
(9) Parks.
(10) Single-family homes, excluding manufactured homes.
(11) Two-family homes (duplexes).
(b) Uses permitted with special requirements:
(1) Accessory dwellings .
(2) Bed and breakfast inns.
(3) Day care center.
(4) Temporary health care structures.
(c) Uses permitted with a special use permit:
(1) Multi-family building.
(2) Residential care facility.
(3) Planned unit development - residential.
(4) Public and private elementary and secondary schools.
(5) Detached garage located in front yard.
(6) Ten-acre exempt development.
(7) Gated subdivision.
(d) Permitted accessory structures and uses:
(1) Accessory uses and structures that are clearly related to and incidental to the permitted principal use or structure on the lot.
(2) Day care home.
(3) Home occupations. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/29/15; Ord. of / /; Ord. of 6/28/21)
Section 9-3052.2 Off-street parking and loading requirements.
Off-street parking and loading requirements shall be met for all uses as required by Article F of this chapter.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3052.3 Sign requirements.
See Article H of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3052.4 Dimensional requirements.
(a) Minimum lot width:
(1) Single-family home - seventy (70) feet.
(2) Multi-family homes - seventy (70) feet for three (3) dwelling units plus ten (10) feet for each additional dwelling unit.
(3) Non-residential buildings - seventy (70) feet.
(b) Minimum building setback:
(1) Minimum front building setback: thirty-five (35) feet.
(2) Minimum side building setback: ten (10) feet (fifteen (15) feet for side adjoining a street ROW).
(3) Minimum rear building setback: twenty-five (25) feet.
(c) Maximum building height:
(1) Maximum building height for residential structures: forty (40) feet.
(2) Maximum building height for non-residential structures: fifty (50) feet.
(d) Minimum lot sizes and maximum lot coverage. Development activities that do not require a sedimentation/erosion control plan under State law are subject only to Sections 1 and 3 below.
(1) Lots deeded before October 1, 1993, to be developed for single-family detached dwellings:
a. Either water OR sewer: twenty thousand (20,000) square feet;
b. Water and sewer: twelve thousand (12,000) square feet;
c. Maximum permissible lot coverage by principal and accessory buildings shall not exceed forty percent (40%) of the total lot area.
(2) Lots deeded on or after October 1, 1993, to be developed for single-family detached dwellings where the development requires a sedimentation/erosion control plan under State law:
a. OPTION 1:
1. No water AND no sewer: forty thousand (40,000) square feet;
2. Either water OR sewer: twenty thousand (20,000) square feet;
3. Water and sewer: twelve thousand (12,000) square feet;
4. Maximum permissible impervious surface coverage as defined in this chapter shall not exceed thirty- six percent (36%) of the total lot area or twenty-four (24%) of the total lot area if the lot is located in a WS-4 critical area or adjoins a curb & gutter street system.
b. OPTION 2:
1. No water AND no sewer forty thousand (40,000) square feet;
2. Either water OR sewer: twenty-one thousand seven hundred eighty (21,780) square feet (one-half (½) acre);
3. Water and sewer: fourteen thousand, five hundred twenty (14,520) square feet (one-third (1/3) acre), or twenty-one thousand, seven hundred eighty (21,780) square feet (one-half (½) acre) if the lot is located within a WS-4 critical area or if the lot adjoins a curb and gutter street system.
4. Maximum permissible lot coverage by principal and accessory buildings shall not exceed thirty thousand (30%) of the total lot area.
(3) Lots to be developed for multi-family dwellings, where the development does not require a sedimentation/erosion control plan under State law:
a. Water and sewer required:
1. Water and sewer: twelve thousand (12,000) square feet for the first unit, four thousand (4,000) square feet for the second unit, and three thousand (3,000) square feet for each additional unit.
2. Maximum permissible lot coverage by principal and accessory buildings shall not exceed thirty percent (30%) of the total lot area.
(4) Lots to be developed for multi-family dwellings, where the development requires a sedimentation/erosion control plan under State law:
a. OPTION 1:
1. Water and sewer required. Water and sewer: two thousand (2,000) square feet for the first unit, four thousand (4,000) square feet for the second unit, and three thousand (3,000) square feet for each additional unit.
2. Maximum permissible impervious surface coverage, as defined in this chapter, shall not exceed thirty-six percent (36%) of the total lot area, or twenty- four percent (24%) of the total lot area if the lot is located within a WS-4 critical area or if the lot adjoins a curb and gutter street system.
b. OPTION 2:
1. Water and sewer required. Water and sewer: fourteen thousand, five hundred twenty (14,520) square feet (one-third (1/3) acre) for each unit, or twenty-one thousand, seven hundred eighty (21,780) square feet (one- half (½) acre) for each unit if the lot is located within a WS-4 critical area or if the lot adjoins a curb and gutter street system.
2. Maximum permissible lot coverage by principal and accessory buildings shall not exceed forty percent (40%) of the total lot area. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3053 Residential District (R-12).
Intent: The district shall provide for agricultural uses as well as single-family development. The purpose of the R-12 District is to provide an adequate amount of land for agricultural uses and single-family residential development. Uses that would interfere with the quiet, less urban residential nature of single-family neighborhoods, such as multi-family and commercial uses, are not appropriate in this district. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3053.1 Permitted uses.
(a) Uses permitted by right:
(1) Cemeteries.
(2) Churches.
(3) Essential services 1 and 2.
(4) Family care homes.
(5) Government buildings up to five thousand (5,000) square feet of gross floor area.
(6) Modular home.
(7) Neighborhood and outdoor recreation parks.
(8) Single-family homes, excluding manufactured homes.
(b) Uses permitted with special requirements:
(1) Accessory dwellings.
(2) Bed and breakfast inns.
(3) Animal keeping.
(4) Temporary health care structures.
(c) Uses permitted with a special use permit:
(1) Bona fide farms but not agricultural industry.
(2) Public and private elementary and secondary schools.
(3) Residential care facility.
(4) Detached garage located in front yard.
(5) Ten-acre exempt development.
(6) Gated subdivision.
(d) Permitted accessory structures and uses:
(1) Accessory uses and structures that are clearly related to and incidental to the permitted principal use or structure on the lot.
(2) Day care home.
(3) Home occupations. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/29/15; Ord. of / /; Ord. of 6/28/21)
Section 9-3053.2 Off-street parking and loading requirements.
Off-street parking and loading requirements shall be met for all uses as required by Article F of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3053.3 Sign requirements.
See Article H of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3053.4 Dimensional requirements.
(a) Minimum lot width:
(1) Single-family home - seventy (70) feet.
(2) Non-residential buildings - seventy (70) feet.
(b) Minimum building setback:
(1) Minimum front building setback: thirty-five (35) feet.
(2) Minimum side building setback: ten (10) feet (fifteen (15) feet for side adjoining a street ROW),
(3) Minimum rear building setback: twenty-five (25) feet.
(c) Maximum building height.
(1) Maximum building height for residential structures: forty (40) feet.
(2) Maximum building height for non-residential structures: fifty (50) feet.
(d) Minimum lot sizes and maximum lot coverages. Development activities that do not require a sedimentation/erosion control plan under State law are subject only to Section 1 below.
(1) Lots deeded before October 1, 1993, to be developed for single-family detached dwellings:
a. Either water OR sewer: twenty thousand (20,000) square feet;
b. Water and sewer: twelve thousand (12,000) square feet;
c. Maximum permissible lot coverage by principal and accessory buildings shall not exceed forty percent (40%) of the total lot area.
(2) Lots deeded on or after October 1, 1993, to be developed for single-family detached dwellings where the development requires a sedimentation/erosion control plan under State law:
a. OPTION 1:
1. No water AND no sewer: forty thousand (40,000) square feet;
2. Either water OR sewer: twenty thousand (20,000) square feet;
3. Water and sewer: twelve thousand (12,000) square feet;
4. Maximum permissible impervious surface coverage as defined in this chapter shall not exceed thirty- six (36%) of the total lot area or twenty-four (24%) of the total lot area if the lot is located in a WS-4 critical area or adjoins a curb & gutter street system.
b. OPTION 2:
a. No water AND no sewer forty thousand (40,000) square feet;
b. Either water OR sewer: twenty-one thousand, seven hundred eighty (21,780) square feet (one-half (½) acre);
c. Water and sewer: fourteen thousand, five hundred twenty (14,520) square feet (one-third (1/3) acre), or twenty-one thousand, seven hundred eighty (21,780) square feet (one-half (½) acre) if the lot is located within a WS-4 critical area or if the lot adjoins a curb and gutter street system.
d. Maximum permissible lot coverage by principal and accessory buildings shall not exceed thirty percent (30%) of the total lot area. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3054 Office-Institutional District (O-I).
Intent: The Office-Institutional District is designed to provide a wide range of professional and institutional uses, as well as space for public and quasi-public uses. (Ord. of 1/10/05; Ord. of 1/5/09; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3054.1 Permitted uses.
(a) Uses permitted by right:
(1) Art galleries.
(2) Auditoriums, armories, publicly owned recreation facilities.
(3) Business office type.
(4) Child care institution.
(5) Churches.
(6) Community center.
(7) Essential services 1 and 2.
(8) Funeral homes.
(9) Financial services.
(10) Government buildings up to five thousand (5,000) square feet of gross floor area.
(11) Hospice and palliative care facility.
(12) Hospitals.
(13) Libraries.
(14) Medical or professional services.
(15) Mixed uses.
(16) Modular home.
(17) Museums.
(18) Music or dance institutions/schools.
(19) Neighborhood and outdoor recreation.
(20) Nursing homes .
(21) Residential care facility.
(22) Parks.
(23) Single-family home, excluding manufactured homes, provided setback requirements of the R-8 Residential are met.
(24) Veterinary hospital or clinic.
(b) Uses permitted with special requirements:
(1) Accessory dwellings.
(2) Day care center.
(3) Bed and breakfast inns.
(4) Brewpubs.
(5) Microbreweries.
(6) Restaurants.
(c) Uses permitted with a special use permit:
(1) Multi-family building.
(2) Planned unit development - business.
(3) Planned unit development - residential.
(4) Public and private elementary and secondary schools.
(d) Permitted accessory structures and uses:
(1) Accessory uses and structures that are clearly related to and incidental to the permitted principal use or structure on the lot.
(2) Day care home.
(3) Home occupations.
(4) Within the O-I District, all principal and accessory uses shall be conducted wholly within enclosed buildings except for drive-through service, vending machinery, incidental displays of merchandise, displays associated with official festivals, and similar incidental outdoor displays. (Ord. of 1/10/05; Ord. of 1/5/09; Ord. of 12/6/10; Ord. 12/1/14; Ord. of 6/28/21)
Section 9-3054.2 Off-street parking and loading requirements.
Off-street parking and loading requirements shall be met for all uses as required by Article F of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3054.3 Sign requirements.
See Article H of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3054.4 Dimensional requirements.
(a) Minimum lot width: none.
(b) Minimum building setback:
(1) Minimum front building setback: twenty (20) feet.
(2) Minimum side building setback: ten (10) feet.
a. An average of ten (10) feet may meet the side building setback requirements under the following requirements:
1. A special use permit is required.
2. Under no circumstances shall the principal building be any closer than five (5) feet from the side property line.
3. An opaque, vegetative buffer is required along the side property line where the averaging option is approved. However, if topography or other issues make the buffer impractical, other options may be used.
(3) Minimum rear building setback: fifteen (15) feet.
(c) Maximum building height: maximum building height: fifty (50) feet.
(d) Minimum lot sizes and maximum lot coverage. Within the Office-Institutional District, there is no minimum lot size, and development activities can cover one hundred percent (100%) of the lot area not within the required setbacks. However, if the development activity requires a sedimentation/erosion control plan, the maximum permissible impervious surface coverage, as defined by this chapter, shall not exceed thirty-six percent (36%) of the total lot area, or twenty-four (24%) of the total lot area if the lot is located within a WS-4 critical area or if the lot adjoins a curb and gutter street system.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3055 Central Business District (B-1).
Intent: The purpose of Central Business District is to accommodate and encourage further expansion and renewal in the historic/business core of the Town of Valdese. A variety of business, retail, professional, financial, cultural, and other related services are encouraged in an effort to provide the mix of activities necessary to shoppers. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3055.1 Permitted uses.
(a) Uses permitted by right:
(1) Alcoholic beverages, packaged, retail sales.
(2) Amusements such as indoor theater, poolrooms, and bowling alleys.
(3) Art galleries.
(4) Auditoriums, armories, publicly owned recreation facilities.
(5) Automobile parking lots.
(6) Automobile parts and supplies sales, new.
(7) Bakeries, where the products are sold exclusively at retail on the premises.
(8) Barber and beauty shops.
(9) Bicycle sales and repair shops.
(10) Bus terminals and railroad stations.
(11) Business colleges, barber and beauty schools, art schools, music, and dance studios, and similar organizations, but not vocational schools, all without students in residence.
(12) Business office type.
(13) Churches.
(14) Clubs and lodges catering exclusively to member and their guests.
(15) Community center.
(16) Convenience stores.
(17) Dry cleaning and laundry pickup stations and dry-cleaning facilities.
(18) Essential services 1 and 2.
(19) Farmers market.
(20) Financial services.
(21) Florist shops, but not commercial greenhouses.
(22) Food stores, retail only.
(23) Funeral homes.
(24) Government buildings.
(25) Gunsmiths.
(26) Hand-made crafts, retail sale of, and production for on-site sales.
(27) Hotels, motels, boarding houses.
(28) Laundromats
(29) Locksmiths
(30) Medical or professional services
(31) Massage therapy
(32) Mixed uses
(33) Museums
(34) Neighborhood and outdoor recreation
(35) Newsstands, newspaper offices, and printing facilities incidental to such offices.
(36) Office equipment and supplies, sales and service.
(37) Parks.
(38) Pawnshops.
(39) Photographic studios and camera supply stores.
(40) Retail printing, publishing, and reproduction establishments.
(41) Radio and television, electronics repair, and sales.
(42) Restaurants, including drive-through windows as an accessory use.
(43) Retail, sales, and services.
(44) Shoe repair shops.
(45) Tailor, dressmaking, and millinery shops.
(46) Taxi stands.
(47) Telecommunication offices.
(48) Theaters, indoor.
(b) Uses permitted with special requirements:
(1) Bed and breakfast inns.
(2) Day care center.
(3) Outdoor seasonal sales.
(4) Artisan food and beverage producer.
(c) Uses permitted with a special use permit:
(1) Bars.
(2) Drop boxes (on-premise only).
(3) Modular home.
(4) Multi-family building.
(5) Planned unit development - business.
(6) Planned unit development - residential.
(7) Public and private elementary and secondary schools.
(8) Single-family home, excluding manufactured homes.
(d) Permitted accessory structures and uses:
(1) Accessory uses and structures that are clearly related to and incidental to the permitted principal use or structure on the lot.
(2) Day care home.
(3) Home occupations.
(4) Within the B-1 District, all principal and accessory non-residential uses shall be conducted wholly within enclosed buildings with the exception of gasoline pumps, drive-through service, outdoor dining facilities associated with a restaurant, incidental displays of produce and merchandise or published materials, vending machinery, displays associated with official festivals and similar incidental outdoor displays. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 12/1/14; Ord. of 3/3/16; Ord. of 6/28/21)
Section 9-3055.2 Off-street parking and loading requirements.
Off-street parking and loading requirements shall be met for all uses as required by Article F of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3055.3 Sign requirements.
See Article H of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3055.4 Dimensional requirements.
(a) Minimum lot width: none (minimum frontage on a public street shall be thirty-five (35) feet).
(b) Minimum building setback:
(1) Minimum front building setback: zero (0) feet.
(2) Minimum side building setback: zero (0) feet (fifteen (15) feet for side adjoining a residential district).
(3) Minimum rear building setback: zero (0) feet (fifteen (15) feet for side adjoining a residential district).
(4) Note: If the side or rear yards are provided, they must be at least ten (10) feet in width.
(c) Maximum building height: maximum building height: fifty (50) feet.
(d) Minimum lot sizes and maximum lot coverage. Within the B-1 Central Business District, there is no minimum lot size, and development activities can cover one hundred percent (100%) of the lot area. However, if the development activity requires a sedimentation/erosion control plan, the maximum permissible impervious surface coverage, as defined by this chapter, shall not exceed thirty-six percent (36%) of the total lot area, or twenty-four (24%) of the total lot area if the lot is located within a WS-4 critical area or if the lot adjoins a curb and gutter street system. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3055.5 Amortization of certain conditions within the B-1 District.
(b) Sales of automobiles, recreational vehicles, and other motor vehicles.
(c) Within one year of adoption of this chapter, all principal, and accessory non-residential uses, except those as provided for in Section 9-3055.1(c)(1), shall be conducted wholly within enclosed buildings. Additional exception: the outside display of automobiles, recreational vehicles, and other motor vehicles for sale may be continued for existing businesses.
(d) Storage of inoperable vehicles on premises for more than seven days shall cease within thirty (30) days of the adoption of this chapter.
(e) The uses listed in Section 9-3055.5(b) shall comply with the following:
(1) All parking areas, including vehicle display areas, shall be paved with asphalt or concrete. Vehicles shall not be parked on grass or graveled areas.
(2) All vehicles shall be setback five (5) feet from any right of way line.
(3) All vehicles for sale shall be separated from other vehicles by a distance not less than four (4) feet. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3056 General Business District (B-2).
Intent: This district is intended to establish and preserve areas for industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of commercial uses which are most appropriately located as neighbors of industrial uses or which are necessary to service the immediate needs of people in these areas. (Ord. of 1/10/05; Ord. of 11/5/07; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3056.1 Permitted uses.
(a) Uses permitted by right:
(1) Adult establishments as defined in G.S. 14-202.10, subject to the following requirements:
a. No adult establishment shall be located within a radius of one thousand (1,000) feet of another adult establishment.
b. No adult establishment shall be located within a radius of one thousand (1,000) feet of any residential district, nursing home, retirement home, church, child care center, park, or playground.
c. All distances related to adult establishments shall be measured as follows:
1. The distance for the separation from residential zoning and protected uses shall be measured from the closest edge of the building occupied by an adult use to the nearest residential zoning district or the property line of protected use.
2. The distance for separation between adult uses shall be measured from the closest edges of the buildings occupied by adult uses.
d. No more than one adult establishment may be located within the same structure.
(2) Alcoholic beverages, packaged, retail sales.
(3) Amusements such as indoor theaters, poolrooms, and bowling alleys.
(4) Art galleries.
(5) Auditoriums, armories, publicly owned recreation facilities.
(6) Automobile parking lots.
(7) Automobile parts and supplies sales, new.
(8) Automotive repair.
(9) Automobile sales provided it meets the following requirements:
a. All vehicles for sale shall be parked only on surfaces paved with asphalt or concrete.
b. An indoor showroom that will accommodate at least two (2) vehicles shall be built or provided.
c. The storage of inoperable vehicles for more than 7 days shall be prohibited.
d. All vehicles for sale shall be separated from other vehicles for sale by a distance not less than (4) feet.
e. All vehicles shall be setback five (5) feet from any right of way line.
(10) Automotive service stations.
(11) Bakeries, where the products are sold exclusively at retail on the premises.
(12) Barber and beauty shops.
(13) Bicycle sales and repair shops.
(14) Bus terminals and railroad stations.
(15) Business colleges, barber and beauty schools, art schools, music and dance studios, and similar organizations, but not vocational schools, all without students in residence.
(16) Business office type.
(17) Car washes, detail shops.
(18) Child care institution.
(19) Churches.
(20) Clubs and lodges catering exclusively to member and their guests.
(21) Commercial and industrial trade schools.
(22) Community center.
(23) Convenience stores.
(24) Dry cleaning and laundry pickup stations and dry cleaning facilities.
(25) Electrical appliances and equipment, sales and repair, but excluding open storage.
(26) Essential services 1 and 2.
(27) Farmers market.
(28) Feed, seed, and fertilizer sales, retail.
(29) Financial services.
(30) Florist shops, but not commercial greenhouses.
(31) Food stores, retail only.
(32) Funeral homes.
(33) Government buildings.
(34) Gunsmiths.
(35) Hospice and palliative care facility.
(36) Hospitals.
(37) Hotels, motels, boarding houses.
(38) Laundromats.
(39) Locksmiths.
(40) Massage therapy.
(41) Medical or professional services .
(42) Mixed uses.
(43) Mini-warehouses.
(44) Museums.
(45) Neighborhood and outdoor recreation.
(46) Newsstands, newspaper offices, and printing facilities incidental to such offices
(47) Nursing homes.
(48) Residential care facilities.
(49) Office equipment and supplies, sales and service.
(50) Parks.
(51) Pawnshops.
(52) Photographic studios and camera supply stores.
(53) Plumbing, heating, and refrigeration sales/service, but excluding open storage.
(54) Public garages.
(55) Radio and television, electronics repair and sales.
(56) Restaurants, including drive-through windows as an accessory use.
(57) Retail, sales and services.
(58) Retail printing, publishing, and reproduction establishments.
(59) Service stations (see automotive service station).
(60) Shoe repair shops.
(61) Tailor, dressmaking, and millinery shops.
(62) Taxi stands.
(63) Telecommunication offices.
(64) Theaters, indoor.
(65) Veterinary hospital or clinic.
(b) Uses permitted with special requirements:
(1) Bed and breakfast inns.
(2) Crematory or crematorium.
(3) Day care center.
(4) Kennels.
(5) Outdoor seasonal sales.
(6) Electronic gaming operations
(7) Artisan food and beverage producer.
(8) Manufacturing and production.
(c) Uses permitted with a special use permit:
(1) Automotive body repair.
(2) Bars.
(3) Modular home.
(4) Multi-family building.
(5) Planned unit development - business.
(6) Planned unit development - residential.
(7) Public and private elementary and secondary schools.
(8) Sign painting and fabrication shops.
(9) Single-family dwellings, excluding manufactured houses.
(d) Permitted accessory structures and uses:
(1) Accessory uses and structures that are clearly related to and incidental to the permitted principal use or structure on the lot.
(2) Day care home.
(3) Home occupations.
(4) Within the B-2 District, all principal and accessory non-residential uses shall be conducted wholly within enclosed buildings with the exception of gasoline pumps, drive-through service, outdoor dining facilities associated with a restaurant, incidental displays of produce and merchandise or published materials, display of motor vehicles for sale, vending machinery, displays associated with official festivals and similar incidental outdoor displays. (Ord. of 1/10/05; Ord. of 11/5/07; Ord. of 12/3/07; Ord. of 12/6/10; Ord. of 12/3/12; Ord. of 12/1/14; Ord. of 3/3/16; Ord. of 6/28/21)
Section 9-3056.2 Off-street parking and loading requirements.
Off-street parking and loading requirements shall be met for all uses as required by Article F of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3056.3 Sign requirements.
See Article H of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3056.4 Dimensional requirements.
(a) Minimum lot width: none (minimum frontage on a public street shall be thirty-five (35) feet).
(b) Minimum building setback:
(1) Minimum front building setback: forty (40) feet.
(2) Minimum side building setback: ten (10) feet (twenty (20) feet for side abutting a residential district). An average of ten (10) feet may meet the side building setback requirements under the following requirements:
a. A special use permit is required.
b. Under no circumstances shall the principal building be any closer than five (5) feet from the side property line.
c. An opaque, vegetative buffer is required along the side property line where the averaging option is approved. However, if topography or other issues make the buffer impractical, other options may be used.
(3) Minimum rear building setback: ten (10) feet (twenty (20) feet for side adjoining a residential district).
(c) Maximum building height: fifty (50) feet.
(d) Minimum lot sizes and maximum lot coverage's. Within the B-2 General Business District, there is no minimum lot size, and development activities can cover one hundred percent (100%) of the total lot area not within the required setbacks. However, if the development activity requires a sedimentation/erosion control plan, the maximum permissible impervious surface coverage, as defined by this chapter, shall not exceed thirty-six percent (36%) of the total lot area, or twenty-four percent (24%) of the total lot area if the lot is located within a WS-4 critical area or if the lot adjoins a curb and gutter street system.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3058 Manufacturing District (M-1).
Intent: This district is intended to establish and preserve areas for industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of commercial uses which are most appropriately located as neighbors of industrial uses or which are necessary to service the immediate needs of people in these areas. (Ord. of 1/10/05; Ord. of 6/5/06; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3058.1 Permitted uses.
(a) Uses permitted by right:
(1) Automotive body repair.
(2) Automotive repair.
(3) Automotive service station.
(4) Essential services - Class 1.
(5) Essential services - Class 2.
(6) Essential services - Class 3.
(7) Industrial/commercial trade school.
(8) Precision instrument manufacturing.
(9) Recycling center.
(10) Recycling collection points.
(11) Recycling plant.
(12) Secondary schools.
(13) The manufacturing, processing, fabricating, and/or wholesaling of the following products: bedding, carpets, and pillows; clothing, including hosiery; electric and electronic products; foods and food products, not including slaughterhouses; glass; household appliances; ice; leather goods, not including the processing or storage of rawhides; machine tools; metals and metal products; paints; paper products, not including the manufacturing or processing of paper; plastics; rubber products, not including the manufacturing or processing of rubber; textiles; wood and wood products, furniture, milk distribution (non-bottling) facilities.
(14) Truck terminal.
(15) Upholstery shops.
(16) Veterinary hospital or clinic.
(17) Wholesale and warehousing establishments, but excluding the storage of hazardous or offensive materials such as uncured hides, explosives, and nuclear waste products.
(18) Large breweries.
(19) Winery.
(b) Uses permitted with a special use permit:
(1) Agricultural industry.
(2) Any lawful retail, service, repair, or wholesale use not specifically referred to in this section, provided no use shall be dangerous or detrimental to the health, safety, welfare, or general character of this zone or the town.
(3) Automotive wrecking yards and scrap metal dealers, provided the premises are enclosed by a buffer.
(4) Business office type.
(5) Essential services 3.
(6) Flea markets.
(7) Landfill.
(8) Lumberyards.
(9) Mobile/manufactured home sales lots.
(10) Marinas.
(11) Mixing plants for concrete or paving materials.
(12) Stone crushing, cutting, and polishing.
(13) Planned unit development - business.
(14) The manufacturing, processing, fabricating, and/or wholesaling of the following products: animal feeds; building materials; gasoline, oil, or fuel storage; pottery, porcelain, and vitreous china; soap, detergent, and washing compounds.
(15) Tobacco processing and storage.
(c) Permitted accessory structures and uses:
(1) Accessory uses and structures that are clearly related to and incidental to the permitted principal use or structure on the lot.
(2) Offices that are accessory to any permitted use of this district.
(3) Open storage as an accessory use.
(d) Uses permitted with special requirements:
(1) Kennels.
(2) Artisan food and beverage producer. (Ord. of 1/10/05; Ord. of 6/5/06; Ord. of 12/6/10; Ord. of 12/1/14; Ord. of 3/3/16; Ord. of 6/28/21)
Section 9-3058.2 Off-street parking and loading requirements.
Off-street parking and loading requirements shall be met for all uses as required by Article F of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3058.3 Sign requirements.
See Article H of this Chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3058.4 Dimensional requirements.
(a) Minimum lot width: none (minimum frontage on a public street shall be thirty-five (35) feet).
(b) Minimum building setback:
(1) Minimum front building setback: twenty-five (25) feet (fifty (50) feet where adjoining a residential district, excluding right-of-way).
(2) Minimum side building setback: ten (10) feet (fifty (50) feet for side adjoining a residential district). An average of ten (10) feet may meet the side building setback requirements under the following requirements:
a. A special use permit is required.
b. Under no circumstances shall the principal building be any closer than five (5) feet from the side property line.
c. An opaque, vegetative buffer is required along the side property line where the averaging option is approved. However, if topography or other issues make the buffer impractical, other options may be used
(3) Minimum rear building setback: twenty (20) feet (fifty (50) feet for side adjoining a residential district).
(c) Maximum building height:
(1) Maximum building height: fifty (50) feet.
(2) Buildings exceeding fifty (50) feet in height are permitted upon issuance of a special use permit.
(d) Minimum lot sizes and maximum lot coverage. Within the M-1 Manufacturing District, there is no minimum lot size, and development activities can cover one hundred percent (100%) of the total lot area not within the required setbacks. However, if the development activity requires a sedimentation/erosion control plan, the maximum permissible impervious surface coverage, as defined by this chapter, shall not exceed thirty-six percent (36%) of the total lot area, or twenty-four percent (24%) of the total lot area if the lot is located within a WS-4 critical area or if the lot adjoins a curb and gutter street system. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3059 Flood Plain Overlay District (FP).
Intent: This district is intended to assist in protecting against the hazard, loss of life, and severe flood damage in Flood Plain areas. This overlay district is established to be the flood hazard area shown on the U.S. Housing and Urban Development FIA Flood Hazard Boundary Maps for the Town of Valdese. Uses in this district are intended to be associated with open space, recreational and agricultural land uses, and shall not hinder the movement of floodwaters. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3059.1 Permitted uses.
(a) Uses permitted by right:
(1) Agricultural uses, including general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, forestry, sod farming, and wild crop harvesting but not agricultural industry.
(2) Non-structural industrial and commercial accessory uses, including loading areas, parking areas, and private airport landing strips.
(3) Private and public recreational uses, including golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, playgrounds, greenways, wildlife and nature preserves, hiking trails, and equestrian trails.
(4) Residential non-structural accessory uses.
(5) Municipal, county, state, and federal government uses, which due to the nature of the services rendered, must have a specific location, i.e., stream gauge station, sewerage pumping/lift station, etc.
(6) Essential services 1 and 2 provided that the location, design, elevation, and construction shall be in such a manner as to minimize or eliminate damage by flooding.
(b) Uses permitted with a special use permit:
(1) Essential services 3.
(2) Marinas.
(c) Permitted accessory structures and uses: accessory uses permitted in underlying zoning district(s)
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3059.2 Off-street parking and loading requirements.
Off-street parking and loading requirements shall be met for all uses as required by Article F of this chapter.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3059.3 Sign requirements.
See Article H of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3059.4 Dimensional requirements.
(a) Minimum lot width: none or as required by underlying zoning district, whichever is greater (minimum frontage on a public street shall be thirty-five (35) feet).
(b) Minimum building setback: setbacks shall conform with the requirements of the underlying zoning district(s).
(c) Maximum building height: maximum building height shall be per the underlying zoning district(s).
(d) Minimum lot sizes and maximum lot coverage: lot sizes and coverage shall meet the underlying zoning district requirements. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3060 Special requirements for certain uses.
Section 9-3060.01 Accessory dwellings.
Accessory dwellings may be created on the same property as a single-family dwelling as an accessory use only if such units comply with the following limits, requirements, and conditions:
(1) An accessory dwelling must meet all standards of the minimum housing code for independent living units.
(2) The principal use of the lot shall be a single-family dwelling. Manufactured homes shall not be used as accessory dwellings.
(3) No more than one accessory dwelling shall be permitted on a single lot in conjunction with the principal dwelling unit.
(4) The accessory dwelling shall not be served by a driveway separate from that serving the principal dwelling unless the accessory dwelling is accessed from a rear alley and the principal dwelling is accessed from a street.
(5) A detached accessory dwelling shall be housed in a building not exceeding six hundred fifty (650) square feet of first-floor area (maximum footprint); the structure may be dwelling only or may combine dwelling with garage, workshop, studio, or similar use. The accessory dwelling living area shall not exceed six hundred fifty (650) square feet of floor area.
(6) A detached accessory dwelling shall be located in the established rear yard and meet the setback standards applicable for accessory buildings.
(7) The maximum height for an accessory dwelling shall be twenty (20) feet.
(8) An accessory dwelling must be registered with the Planning Director at the time a certificate of occupancy is obtained. (Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3060.02 Crematory or crematorium.
(a) Crematory or crematorium is subject to the following requirement:
(1) Use: No crematory shall be established except as an accessory use or structure to a North Carolina licensed funeral home in the B-2 General Business District.
(2) License: Any funeral home operating a crematory shall have and maintain a licensed crematory manager on staff, keep in force and affect all other licenses required under the North Carolina Crematory Act, and provide proof of continued re-licensing.
(3) Air quality: Before issuance of a zoning permit, the applicant shall provide a certification from the North Carolina Division of Air Quality that the applicant complies with all air quality regulations or that the Division of Air Quality does not require a permit.
(4) Building: The maximum footprint of the crematory shall not exceed four hundred (400) square feet. The exterior/veneer must be of similar material and design as the principal structure.
(5) Size: Crematory operations shall not contain more than one (1) cremation chamber.
(6) Location: No crematory shall be established on a funeral home lot within two hundred (200) feet of any existing residential dwelling on adjacent parcels or within one hundred fifty (150) feet of any property line.
(7) Other: A crematory must comply with and be maintained in compliance with all applicable public health and environmental laws and rules and meet all of the standards established by the North Carolina Crematory Act, as amended or superseded, and any additional rules and regulations issued by the North Carolina State Board of Funeral Services. (Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3060.03 Day care homes and day care centers.
All day care homes and day care centers shall meet the following standards:
(1) In single-family residential districts, daycare homes must be clearly incidental to the residential use of the dwelling and must not change in the essential residential character of the dwelling.
(2) Play space must be provided per the regulations of the NC Department of Health and Human Services.
(3) The outdoor play space, as required by the Department of Health and Human Services must be enclosed on all sides by building and/or permitted types of walls or fences; it may not include driveways, parking areas, or land otherwise unsuited for children's play space.
(4) A day care center shall provide a minimum of twenty-five (25) square feet of indoor space per child.
(5) A day care center shall provide a minimum of seventy-five (75) square feet of outdoor space per child.
(6) Play space may not be in the established front yard.
(7) Fences must comply with the fence regulations in Section 9-3042.
(8) Day care centers in a residential district on a site greater than three acres shall have frontage on a collector or thoroughfare street.
(9) A day center must meet a permitted lot type for the district in which it is to be located.
(10) There is no limit on the hours of operation of a day care center, but no outdoor play shall be permitted after sunset. (Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3060.04 Kennels.
Kennels are subject to the following requirements:
(1) The minimum lot size for a kennel shall be as set forth in the following:
Minimum Lot Size for Kennels | |
Number of Animals | Minimum Lot Size (Acres) |
1 - 10 | 2 |
11 - 20 | 4 |
21 - 30 | 6 |
Notes: 1) The minimum lot size may be waived by the Planning Department if the kennel is entirely enclosed as to protect adjacent uses from noise, odors and other objectionable characteristics. 2) An additional 10 animals may be added for each additional acre of land in excess of 6 acres. | |
(2) Outdoor kennels shall maintain a minimum setback of four hundred (400) linear feet from any existing residential structure on an adjoining lot.
(3) All structures associated with an outdoor kennel shall maintain a minimum setback of two hundred (200) feet from all lot lines.
(4) Indoor kennels shall maintain a minimum setback of one hundred (100) linear feet from any residential structure on an adjoining lot.
(5) All structures associated with an indoor kennel shall maintain a minimum setback of fifty (50) feet from all lot lines.
(6) The operator shall comply with requirements of the North Carolina Department of Agriculture and Consumer Services, Subchapter 52J (Animal Welfare Section).
(7) The operator shall provide written evidence of compliance with county and state standards. (Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3060.05 Outdoor seasonal sales.
Outdoor season sales are subject to the following conditions:
(1) Outdoor seasonal sales may be open for eight (8) weeks per calendar year.
(2) The use may be located on a vacant lot or a lot occupied by a nonresidential use.
(3) Construction of a permanent building is not permitted.
(4) Storage of goods in or sale of goods from a trailer(s) on the site is prohibited.
(5) Parking may be provided and need not comply with Article F.
(6) The use, including all sale items, parking, and maneuvering, shall observe a setback line of twenty (20) feet.
(7) Sale items shall not be located in the sight distance triangle as outlined in Section 9-3038, Visibility at Intersections.
(8) Any signage shall be per the sign requirements of the underlying zoning district.
(9) The operator is responsible for the removal of any vestige of the outdoor sale, including signage.
(10) The owner of the property shall, if not the same as the outdoor seasonal sales operator, give written permission for seasonal sales to the operator.
(11) Stands shall be open on two or more sides.
(Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3060.06 Bed and breakfast inns.
Bed and breakfast inns are subject to the following requirements:
(1) The operators must be full-time residents of the premises.
(2) No more than four (4) bedrooms may be devoted to guest accommodations
(3) One non-illuminated sign, a maximum of four (4) square feet, is permitted.
(4) Minimum parking spaces required - two (2) spaces plus one (1) space for each room devoted to guest accommodations. (Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3060.07 Electronic gaming operations.
Electronic gaming operations are subject to the following requirements:
(1) Electronic gaming operations are allowed only in the B-2 General Business District as a principal use. Electronic gaming operations are not allowed as an accessory use in any zoning district.
(2) No electronic gaming operation shall be located within one thousand (1,000) feet of another electronic gaming operation;
(3) No electronic gaming operation shall be located within one thousand (1,000) feet of any residential district, nursing home, retirement home, church, child care center, school, park, or playground.
(4) All distances related to electronic gaming operations shall be measured as follows:
a. The distance for the separation from residential zoning districts and protected uses shall be measured from the closest edge of the building in which an electronic gaming operation is located to the nearest residential zoning district or to the property line of each protected use.
b. The distance for separation between electronic gaming operations shall be measured from the closest edges of the buildings in which an electronic gaming operation is located.
(5) Any location for electronic gaming operations must meet the parking requirement of the B-2 General Business District.
(6) Each electronic gaming operation shall have all required permits and licenses and shall have paid all applicable fees outlined in the town's fee schedule.
(Amendment of 12/3/12; Ord. of 6/28/21)
Section 9-3060.08 Artisan food and beverage producer.
Artisan food and beverage producer are subject to the following requirements:
(1) The total floor area shall not exceed five thousand (5,000) square feet. The five thousand (5,000) square foot limitation does not apply to the M-1 Manufacturing District.
(2) Shall include one or more accessory uses such as a tasting room, taproom, restaurant, retail, demonstration area, education, and training area, or other use incidental to the artisan food and beverage producer
(3) All activities associated with the production, bottling, storage, and sales shall be conducted entirely within an enclosed structure. No outdoor storage of any kind, including but not limited to raw materials, byproducts, equipment, and inventory, shall be permitted.
(4) Must comply with all other standards of the zoning district having jurisdiction.
(5) All activities associated with the production, bottling, storage, and sales shall be conducted entirely within an enclosed structure. No outdoor storage of any kind, including but not limited to raw materials, byproducts, equipment, and inventory, shall be permitted.
(6) Shall include one or more accessory uses such as a tasting room, taproom, restaurant, retail, demonstration area, education, and training area, or other use incidental to the artisan food and beverage producer.
(7) Conditions with the building shall be controlled to minimize noise and odor .
(8) Must comply with all other standards of the zoning district having jurisdiction. (Ord. of 12/1/14; Ord. 3/3/16; Ord. of 6/28/21)
Section 9-3060.09 Restaurants in O-I District.
Restaurants in the O-I District are subject to the following requirements:
(1) Outdoor storage of goods and materials used in assembly, fabrication, or processing is prohibited.
(2) A buffer, as outlined in Section 9-3046, is required where such use is adjacent to a residentially zoned area.
(3) Must comply with all state and federal alcohol laws.
(4) Must comply with all other standards of the zoning district having jurisdiction. (Ord. of 12/1/14; Ord. of 6/28/21)
Section 9-3061 Detached garages.
(a) General requirements. Shall apply to all detached garages located in front or side yards.
(1) The garage shall not be used as a dwelling unit.
(2) The garage must meet all minimum setback requirements for the primary structure in the applicable zoning district.
(3) The maximum wall height shall not exceed fifteen (15) feet.
(4) The footprint of any detached garage shall not exceed six hundred seventy-six square feet (676 sf), or ten percent (10%) of the lot area up to one thousand, two hundred (1,200) square feet, whichever is greater.
(5) The garage shall be enclosed with an operable garage door to be maintained in good working order.
(6) If the garage door is on the front façade, the door shall be kept closed when the house is unoccupied for more than a day.
(7) The outside walls of the garage shall not be clad with metal siding, and the building shall be completely enclosed.
(8) The garage shall be constructed of materials similar to materials used in the principal structure.
(9) A breezeway connection between a single-family dwelling and detached garage is allowed provided the following design standards are met:
a. The breezeway must be physically attached to both buildings.
b. The breezeway must be at least six (6) feet in width and can be no more than thirty (30) feet in length.
c. The breezeway must consist of a roof, with more than sixty percent (60%) of the total perimeter enclosed by walls, doors, or windows.
d. The breezeway height shall not exceed fifteen (15) feet, measured from the average grade to the highest part of the structure.
e. Walkways are not permitted on the roof of a breezeway.
(b) Special use requirements.
(1) The proposed location of the garage is completely or partially within the front yard.
(2) The materials used in the construction must meet or exceed the quality and appearance of the principal residence.
(3) Shall only be considered for placement in the front yard when the topography or other natural features make it impractical to locate the garage in the side or rear yard.
(4) A minimum of seventy-five percent (75%) of the principal structure shall be visible from all viewpoints along the front property line.
(5) Shall only be allowed in a residential lot that has a natural ground slope of twenty-five percent (25%) or greater, as measured from the center of the front lot line to the center of the front facade of the principal building, or in a residential lot where the only feasible driveway route to the principal building would result in the driveway slope being greater than eighteen percent (18%) due to topography and/or natural obstructions.
(6) The garage will not adversely affect the health, safety, or welfare of persons residing in the neighborhood and will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood. (Ord. of 6/29/15; Ord. of 6/28/21)
Section 9-3062 Animal keeping.
(a) Purpose and definitions.
(1) The purpose of this section is to regulate the keeping of a horse, mule, goat, cattle, fowl, and other birds that are not part of a bona fide farming operation. The chapter applies to properties located within the corporate limits of the town.
(2) "Fowl" and "birds" include the following: chickens, game hens, ducks, swans, geese, and other birds typically used as food. This definition for animal keeping does not include parrots, parakeets, and other non-food birds.
(b) Prohibitions. Horses, mules, goats, cattle, all other types of livestock, fowl, and other birds shall not be permitted within the town limits, except as provided in Subsection C - Exceptions.
(c) Exceptions.
(1) Horses. The keeping of horses is permitted provided the following conditions are met:
a. Allowed only in the R-12 Residential Zoning District.
b. A minimum of three (3) acres of property is available for each horse.
c. The part of the property where the horse is kept shall be completely enclosed by a fence.
(2) Chickens. The keeping of chickens is permitted in the R-8, R-12, and R-12-A Residential Districts, provided the following conditions are met:
a. Maximum number of chickens on the property - ten (10).
b. No roosters are allowed.
c. Placement of the pen shall be in the rear yard only.
d. No free-range (chickens are penned all times).
e. Pens shall be a minimum of one hundred (100) feet from all adjoining residences.
f. Pens shall be a minimum of fifty (50) feet from all property lines.
g. Must comply with all applicable provisions of the Town of Valdese Animal Code (ex. cleanliness, odor).
(d) Keeping domestic pets. In all zones where dwelling units are allowed, domestic animals are allowed to be kept as household pets. Up to an aggregate of six (6) domestic animals per dwelling unit is permitted subject to restrictions outlined in Section 8-2008 through Sections 8-2012 and Section 8-2022. Birds (canary, parakeet, etc.); amphibian/reptile (turtle, lizard, etc.); rodent (rat, hamster, gerbil, etc.); and tropical fish are excluded from the numerical limitations. (Ord. of 4/4/16; Ord. of 6/28/21)
Section 9-3063 Manufacturing and production.
Manufacturing and production in the B-2 General Business District are subject to the following requirements:
(a) All activities shall be conducted entirely within an enclosed building.
(b) Outdoor storage of goods and materials used in the assembly, fabrication, or processing is prohibited.
(c) Total floor area shall not be more than ten thousand (10,000) square feet per zoning lot.
(d) Business shall not employ more than twenty (20) employees.
(e) Parking and loading requirements shall be per Article F of the zoning chapter.
(f) Shall meet all North Carolina State environmental standards. (Ord. of 6/28/21)
Section 9-3064 Temporary heath care structures.
Temporary health care structures.
(a) The following definitions shall apply to temporary health care structures:
(1) Activities of daily living. Bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating.
(2) Caregiver. An individual eighteen (18) years of age or older who (i) provides care for a mentally or physically impaired person; and (ii) is a first- or second-degree relative of the mentally or physically impaired person for whom the individual is caring.
(3) First- or second-degree relative. A spouse, lineal ascendant, lineal descendant, sibling, uncle, aunt, nephew, or niece and includes half, step, and in-law relationships.
(4) Mentally or physically impaired person. A person who is a resident of this state and who requires assistance with two or more activities of daily living as certified in writing by a physician licensed to practice in this state.
(5) Temporary family health care structure. A transportable residential structure providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who shall be the mentally or physically impaired person; (iii) has no more than three hundred (300) gross square feet; and (iv) complies with applicable provisions of the State Building Code and G.S. 143-139.1(b). Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.
(b) The Town of Valdese shall consider a temporary family health care structure used by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver as the caregiver's residence as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings.
(c) The Town of Valdese shall consider a temporary family health care structure used by an individual who is the named legal guardian of the mentally or physically impaired person a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings.
(d) Only one temporary family health care structure shall be allowed on a lot or parcel of land. Such temporary family health care structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure.
(e) Any person proposing to install a temporary family health care structure shall first obtain a permit from the Town of Valdese. The Town of Valdese may require that the applicant provide evidence of compliance. The evidence may involve the annual inspection by the town of the temporary family health care structure at reasonable times and convenient to the caregiver, not limited to any annual compliance confirmation and annual renewal of the doctor's certification.
(f) Notwithstanding subsection (i) of this section, any temporary family health care structure installed under this section may be required to connect to any water, sewer, and electric utilities serving the property and shall comply with all applicable State law, local ordinances, and other requirements, including Article 11 of this chapter, as if the temporary family health care structure were permanent real property.
(g) No signage advertising or otherwise promoting the existence of the temporary health care structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.
(h) Any temporary family health care structure installed under this section shall be removed within sixty (60) days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. If the temporary family health care structure is needed for another mentally or physically impaired person, the temporary family health care structure may continue to be used or may be reinstated on the property within sixty (60) days of its removal, as applicable.
(i) The Town of Valdese may revoke the permit granted under subsection (e) of this section if the permit holder violates any provision of this section or G.S. 160A-202. The town may seek injunctive relief or other appropriate actions or proceedings to ensure compliance with this section or G.S. 160A-202.
(j) Temporary family health care structures shall be treated as tangible personal property for purposes of taxation. (Ord. of 6/28/21)
Section 9-3071 Parking space to be required and permanent.
(a) Off-street parking space shall be provided per this Article in all districts, except the B-1 Central Business District, the function of which makes it impractical to impose such requirements.
(b) The off-street parking space required by this division shall be permanent space and shall not be used for any other purpose.
(c) Each parking space shall be:
(1) Angle parking: thirty (30) degree, forty-five (45) degree, sixty (60) degree, or ninety (90) degree: minimum nine (9) feet by eighteen (18) feet; or
(2) Parallel parking: minimum seven (7) feet by twenty-two (22) feet. On State of North Carolina maintained roads, an eleven (11) foot lane width is recommended.
(3) The parking standards are for one vehicle, exclusive of adequate egress and ingress, drives, maneuvering space, and landscaping.
(d) Minimum aisle widths shall be according to the angle of the parking as follows:
Angle of Parking | Minimum Width of Aisle |
0 (parallel) | 12 feet |
30 | 12 feet |
45 | 12 feet |
60 | 16 feet |
90 | 24 feet |
(e) Off-street parking spaces shall not be located in such a manner that parked cars will extend onto a public street or sidewalk.
(f) Off-street parking areas shall not be permitted within the front yard in the B-1 Zoning District.
(g) Off-street parking areas shall be setback at least ten (10) feet from any public street.
(h) Required off-street parking spaces for any use shall be located no more than four hundred (400) feet from the use they are intended to serve. This standard does not apply to parking spaces for auditoriums, stadiums, assembly halls, gymnasiums, hospitals, and other places of assembly. (Ord. of 1/10/05; Ord. of 6/5/06; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3072 Use of parking lots permitted.
(a) The required parking spaces for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that one-half (½) of the parking space required for churches, theaters, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at nights or on Sundays.
(b) No portion of any street right-of-way shall be considered as fulfilling or partially fulfilling the area requirements for off-street parking required by the terms of this Chapter.
(c) Parking in one zoning district in connection with the principle use in another zoning district is permitted so long as all requirements of Article F, Off-Street Parking, are met.
(d) If parking areas are lighted, the lighting fixtures shall be so installed as to protect the street and neighboring properties from direct glare or hazardous interference of any kind. Light standards shall not exceed thirty (30) feet in height, and the light direction angle shall not exceed forty-five (45) degrees from vertical. (Ord. of 1/10/05; Ord. of 6/5/06; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3073 Enforcement.
Each application for a zoning permit shall include information as to the location and dimensions of off-street parking space and the means of ingress and egress between such space and a street. This information shall be in sufficient detail to enable the Zoning Enforcement Officer to determine whether or not the requirements of this chapter are met. (Ord. of 1/10/05; Ord. of 6/5/06; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3074 Schedule of parking spaces.
Off-street parking spaces shall be provided and permanently maintained by the owners and occupants of the following types of property uses as follows:
Use Classification | Parking Space Requirement |
Use Classification | Parking Space Requirement |
Single Family | 2 for each dwelling unit |
Duplex | 2 per unit |
Group Living Facility | 1 per 4 residents |
Senior Housing | 1 per unit |
Multi-family | 1.5 per unit |
Commercial | 1 space for each 500 square feet of gross floor area |
Industrial | 1space for each 500 square feet of gross floor area |
Office | 1 space for each 500 square feet of gross floor area |
Warehouse | 1 space for each 4,000 square feet of gross floor area |
Civic (that is, churches, fraternal organizations, etc.) | 1 space for each 500 square feet of gross floor area |
High schools or colleges and universities campuses (auditoriums, stadiums, gymnasiums, assembly halls) | 1 space for each 10 fixed seats and 1 space for each 10 moveable seats in the largest assembly area |
(Ord. of 1/10/05; Ord. of 6/5/06; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3075 Required loading and unloading.
(a) Every building or structure used for business, trade, or industry hereafter erected shall provide space as indicated herein for the loading and unloading of vehicles off the street or public right-of-way. Such space shall have access to an alley or street. For this section, an off-street loading space shall have a minimum dimension of twelve (12) feet by forty (40) feet and overhead clearance of fourteen (14) feet in height above the alley or street grade.
(b) Off-street loading and unloading shall be permanently maintained by the owners and occupants of the following types of property uses on the basis indicated:
(1) Retail operations: One (1) loading space for every five thousand (5,000) square feet of gross floor area or fraction thereof.
(2) Wholesale and industrial operations: One (1) loading space for every ten thousand (10,000) square feet of gross floor area or fraction thereof. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3076 Parking lot design requirements.
Off-street parking areas should be designed to create a safe and comfortable passage for pedestrians. All off-street parking lots, including exits, entrances, drives, and parking areas, shall:
(a) Be designed to allow for traffic movement following generally accepted geometric design principles.
(b) Have physical access to a public street.
(c) Be so designed that stormwater runoff from the parking area does not create erosion, flooding, or other nuisance condition or hazard, on the parking area property or adjoining properties or roadways. Wherever practicable, runoff shall be directed into existing stormwater conveyances, such as ditches, curbs, and storm sewers. In no case shall runoff be directed onto adjoining properties in locations that previously did not receive runoff.
(d) Off-street parking areas, loading, egress and ingress, and maneuvering space shall be paved with asphalt or concrete. Any parking area not paved at the time of adoption of this chapter shall be allowed to continue as such until an expansion of the building or parking area occurs. At such time, the parking area must be paved and meet current landscaping requirements.
(e) Be maintained as long as the use, which it serves, exists. Each parking space shall be marked and maintained.
(f) Unless otherwise required by these regulations, all off-street parking with more than ten (10) automotive vehicles that adjoins any plot zoned or used for single-family residential purposes, shall be screened with landscaped devices following Section 9-3077.5 to protect residences from light, glare, noise, and fumes.
(Ord. of 6/5/06; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3077 Landscaping of parking area.
The landscaping requirements of this section shall apply to land, public and private, designated as multi-family, recreational, institutional, industrial, or commercial land uses, which is required to have or provide forty (40) or more parking spaces. All those multi-family, recreational, institutional, industrial, and commercial land uses which are required to have one (1) to thirty-nine (39) nineteen spaces must comply with the street yard requirements only. All parking areas, regardless of size, shall meet buffer requirements outlined in Section 9-3077.5.
(a) Parking area landscaping requirements of this section are as follows:
(1) Landscaping shall be placed in a manner that meets the intent of this chapter and shall be maintained.
(2) Any fraction of requirements shall be rounded up to the next whole number.
(3) Landscaping shall not obstruct the view of motorists using any street, private driveway, parking aisles, or the approach to any street intersection to constitute a traffic hazard.
(4) Credit for using existing trees on site greater than or equal to those required by standards shall be two (2) trees for every one tree retained.
(5) When using an existing tree, the area under the drip line (maximum extension of branches) of the tree must remain undisturbed. This includes grading, fill, paving, etc.
(6) If an existing tree dies, it must be replaced with two (2) trees during the next planting season.
(7) If any vegetation dies, replacement is required within the next planting season.
(b) Landscaping requirements for interior areas of parking areas: (Interior areas are defined as the areas within the property used for vehicular storage, parking, or movement).
(1) Landscaped planting areas are to be located within or adjacent to the parking area as tree islands, at the end of parking bays, inside medians, or between rows of cars.
(2) There shall be one (1) large shade tree for every two thousand (2,000) square feet of the total parking area.
(3) There shall be one shrub for every one thousand (1,000) square feet of the total parking area. Shrubs must be eighteen (18) inches tall at planting and reach a minimum height of thirty (30) inches in three (3) years.
(4) All trees and shrubs are to be planted within a landscaped planting area not less than one hundred sixty-two (162) square feet in area.
(5) No vehicular parking space shall be farther than fifty (50) feet from a planting area.
(6) No more than fifty percent (50%) of the trees and/or shrubs shall be deciduous.
(c) Landscaping requirements for street yards of parking areas: (Street yards are defined as the area between the public right-of-way and interior area)
(1) Street yards are required to be a minimum of ten (10) feet in width.
(2) One (1) large shade tree is required every fifty (50) feet, or one (1) small tree is required every twenty-five (25) feet along the street frontage.
(3) Shrub beds (fifty (50) square feet minimum and a minimum of ten (10) shrubs per shrub bed) are required every forty (40) feet along the street frontage. Berms may be used instead of shrubs with the following stipulations: 1) berms must be the required height of shrubs with no more than a 3:1 slope; 2) shorter shrubs may be used in combination with berms as long as the required total height is met; 3) berms must be capped or topped with groundcover vegetation; 4) berms shall be grassed; 5) berms must occupy sixty percent (60%) of the frontage area; 6) fences may be used in combination with berms as long as the fence is compatible in materials and color to the building and is not more than forty percent (40%) of the required height.
(d) Tree and shrub specifications:
(1) "Tree" as used herein means any tree, evergreen or deciduous, whose mature height of its species can be expected to exceed fifteen (15) feet for a small tree and thirty-five (35) feet for a large tree (except in cases where this would require the planting of incompatible species with the surrounding environment, such as overhead utility lines, then acceptable species may be used). The tree, existing or planted, shall be at least eight (8) feet in height and six and one-quarter (6 1/4) inches in circumference (two (2) inches in diameter) measured at one-half (½) foot above grade for newly planted trees and measured at four (4) feet above grade for existing trees.
(2) Each shrub shall attain a minimum of thirty (30") inches in height within three (3) years of planting. All shrubs shall be a minimum of eighteen (18) inches tall when planted. All shrubs planted on berms may have lesser height, provided the combined height of the berm and plantings after three (3) years is at least thirty (30) inches in height.
(e) Abutting property landscaping requirements.
(1) Any non-residential use located or developed on property adjoining any residential district, unless separated by a public street or rail right-of-way, shall provide landscaping as outlined in Section 9-3046.1.2 Buffers. Landscaping shall be provided even if the adjoining residentially zoned property is vacant. A buffer shall be provided along the full length of any common property line and shall be maintained as long as the conditions requiring the screening exist.
(2) Screening for any parking area regardless of use or zoning district shall meet the requirements of 9-3046.1.2. (Ord. of 1/10/05; Ord. of 6/5/06; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3078 Dumpsters/trash containers.
Dumpsters and trash containers shall meet all the requirements of the Solid Waste Chapter as adopted by the town. (Ord. of 1/10/05; Ord. of 6/5/06; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3079 Compliance with stormwater and erosion control standards.
Parking areas constructed or improved under this article shall comply with all applicable stormwater and erosion control standards adopted by the town. (Ord. of 1/10/05; Ord. of 6/5/06; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3081 General provisions.
Because of the use, transportability, and manner of construction of manufactured homes and because of the susceptibility of the manufactured homes for use in high-density concentrations, it is necessary to regulate manufactured homes and manufactured home parks to ensure that their occupants have access to an appropriate, safe, sanitary and attractive living environment. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3082 Definitions.
For this chapter, a "manufactured home" and "manufactured home park" are defined as follows:
(a) Manufactured home: See Article B - Definitions.
(b) Manufactured home park: See Article B - Definitions. New manufactured home parks are not allowed in the town.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3083 Location of manufactured homes.
(a) After the effective date of this chapter, no manufactured home shall be permitted in any district for any use other than living or sleeping purposes.
(b) Manufactured homes are permitted only in the R-8 District and must comply with each of the following:
(1) Individual manufactured homes are allowed by right in the R-8 Residential District, provided they meet the minimum lot and setback requirements of that district and are placed on a permanent foundation.
(2) One (1) manufactured home may be parked or temporarily stored on any lot outside of a manufactured home park for a period not exceeding seventy-two (72) hours, provided no living quarters are maintained nor any business conducted therein while such manufactured home is so parked or temporarily stored.
(3) A temporary building, structure, including construction trailers for office use are, permitted in conjunction with any permitted construction; provided permits for such use shall be issued for periods not to exceed twelve (12) months but may be renewed for additional periods up to six (6) months if necessary for the completion of the construction in any zoning district.
(4) Existing manufactured homes shall not be replaced with another manufactured home unless it is located in the R-8 District. Class B manufactured homes shall not replace existing manufactured homes. Manufactured homes in the R-8 District may be replaced only by Class A manufactured homes. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3084 Provisions for manufactured homes.
(a) Class B manufactured homes shall not be permitted in the town.
(b) Class A manufactured homes shall be permitted only in the R-8 District. Only one Class A manufactured home shall be permitted on a lot unless it replaces an existing manufactured home in a manufactured home park.
(c) Manufactured homes shall be subject to the following requirements:
(1) If municipal utilities are not available, the well (if applicable) and septic tank (if applicable) must be approved by the Burke County Health Department.
(2) Class A manufactured homes shall contain at least one thousand one hundred fifty (1,150) square feet of enclosed and heated living area.
(3) The pitch of the manufactured home roof shall have a minimum vertical rise of at least three (3) feet for each twelve (12) feet of horizontal run, and the roof shall be finished with a type of shingle that is commonly used in standard residential construction. The roof shall be the original roof of the structure as installed by the manufacturer.
(4) The exterior siding, for all manufactured homes, shall consist predominantly of vinyl or aluminum horizontal lap siding (whose reflectively does not exceed that of gloss white paint), wood or hardboard; and the exterior siding shall be comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction.
(5) Manufactured homes shall have at the front entrance either a deck or porch with steps. All other entrances shall have permanent steps. The minimum area for decks and porches shall be one hundred (100) square feet. Decks, porches, and steps must be built in compliance with the North Carolina Building Code.
(6) All manufactured homes shall be placed with the front of the home running parallel to the street that provides access to the manufactured home. On cul-de-sacs, manufactured homes shall be sited with the front of the home running parallel to the street, providing access. Manufactured homes placed in manufactured home parks may be placed perpendicular to interior private streets.
(7) Manufactured homes shall have the entire perimeter of the home enclosed from the ground to the bottom of the structure in compliance with the following requirements:
a. The underpinning must consist of brick, masonry, or concrete block with a stucco finish.
b. Products and materials manufactured for underpinning shall be installed following the manufacturer's specifications.
c. The under skirting shall be vented in accordance with the North Carolina Building Code.
d. The under skirting must be installed within thirty (30) days after the final inspection date by the Burke County Building Inspections.
(8) The manufactured home's footings shall meet the requirements outlined in the North Carolina Building Code.
(9) The towing tongue, wheels, axles, and transporting lights shall be removed upon final placement of the manufactured home. If the tongue cannot be removed, it must be underpinned and screened with shrubbery. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3085 Provisions for existing manufactured home parks.
(a) The creation of manufactured home parks after the adoption of this chapter is not allowed in the town. Existing manufactured home parks at the time of adoption of this chapter may remain subject to the requirements of this section, but neither the size of the parcel on which the existing manufactured home park is located nor the number of manufactured homes located in the manufactured home park shall be increased.
(b) In manufactured home parks, manufactured homes may be replaced within one hundred (180) days of the removal of the home by only Class A manufactured homes that meet the provisions of Section 9-3084 and other applicable provisions.
(c) Manufactured homes, because of their use, transportability, manufacture, and manner of construction, location, and susceptibility for use in high-density concentration both as units and persons tend to place inhabitants of manufactured homes in an unfavorable position to obtain services necessary for a safe and healthful living environment. It is the purpose of this section to provide protection for the public against unwise and hazardous existing manufactured home parks and provide a reasonably safe and sound environment for manufactured home park inhabitants and to:
(1) Promote public health, safety, welfare, and orderly residential development;
(2) Ensure that every individual manufactured home lot (stand) has safe and efficient vehicular access for residents of the home, emergency vehicles, utility and service vehicles, and others needing access to the park;
(3) Provide adequate buffering and screening to ensure privacy and protection for both the residents in the park and adjacent property owners;
(4) Provide sufficient open space for outdoor uses essential to the manufactured home;
(5) Ensure the furnishing of adequate water supply and sewage disposal systems;
(6) Provide an acceptable environment for small communities of manufactured homes; and
(7) Provide a process by which existing manufactured home parks will be improved to meet the minimum level of safety, sanitation, comfort, and privacy.
(d) All persons operating a manufactured home park that existed at the time of adoption of this chapter must submit an improvement proposal for the park (as provided herein) to be reviewed by the Planning Board and approved by the Town Council. Upon approval of the improvement proposal by the Town Council, alterations to the park as required may begin. The proposal shall indicate how the requirements listed herein will be met.
(1) Phased schedule for improvements. The improvement proposal shall conform to the improvement requirements listed herein within the following phased schedule.
a. Within six (6) months of notification, the property owner shall submit and have approved an improvement proposal, including schematic plans, for upgrading the park.
b. Within one (1) year of adoption of this chapter, all roads shall be stabilized with packed gravel if not already paved.
c. Within three (3) years of adoption of this chapter, all other requirements listed herein shall be complied with, including the paving of roads.
(2) Contents of the improvement proposal. Application to improve and upgrade a manufactured home park shall be made to the Planning Director. The application shall consist of schematic plans and documentation that include at least the following:
a. Name of the manufactured home park, name, and address of owner and operator.
b. A manufactured home park design is drawn onto a plat at a scale that can be reasonably interpreted by the town.
c. Date, north arrow, and scale.
d. Boundaries of the manufactured home park property to include intersections and adjacent property with the boundaries of the manufactured home park property.
e. The location of the following utilities: sanitary sewers, storm sewers, water distribution lines, natural gas, telephone, and electric service, illustrating connections to existing systems. Plans for the continued water supply and/or sewage disposal must be accompanied by letters of approval by appropriate town, county, and state authorities.
f. Existing streets in the park, right-of-way, and proposed pavement widths. If any street is proposed to intersect with a state-maintained road, the plat shall be accompanied by an application for driveway approval if required by the North Carolina Department of Transportation.
g. Outline of all existing home spaces and buildings within the manufactured home park property with lot numbers indicated.
h. Location of parking bays, walkways, service and accessory buildings, utility easements, utility poles, and buffer and screening areas.
i. Method of sewage disposal per existing town, county, and state regulations.
j. Method of water Supply per existing town, county, and state regulations.
k. Plan of electric lighting.
l. Development standards.
(3) Required improvements. The following improvements to the manufactured home parks shall be completed within three (3) years of the date of adoption of this chapter.
a. All manufactured homes that are placed in manufactured home parks shall have the entire perimeter of each home enclosed from the ground to the bottom of the structure with material manufactured for this purpose following standards set by the State of North Carolina Regulations for Manufactured/Mobile Homes. Examples of commonly recognized building materials suitable for use as underpinning shall include, but not be limited to, the following list: brick masonry, concrete block masonry covered with stucco; natural or synthetic stone masonry; or vinyl. Assemblies, products, and materials manufactured expressly for underpinning shall be installed following the manufacturer's specifications.
b. A densely planted buffer strip consisting of evergreen trees, at least three (3) feet in height at planting, shall be planted along the rear and side property lines of the manufactured home park. No such buffer shall extend into a street right-of-way. The park owner and operator shall be responsible for replacing dead or destroyed trees.
c. Each home space of the manufactured home park shall be at least eight thousand (8,000) square feet. Areas used for interior streets shall not be used in calculating the required minimum area for each home.
d. A minimum distance of twenty (20) feet shall be provided between each manufactured home.
e. Manufactured homes shall have at the front entrance either a deck or porch with steps. All other entrances shall have permanent steps. The minimum area for decks and porches shall be one hundred (100) square feet. Decks, porches, and steps must be built in compliance with the North Carolina Building Code.
f. All interior streets shall be paved according to North Carolina Department of Transportation specifications for a public street.
g. A paved turning circle shall be provided at the end of each dead-end street. The diameter of the paved area shall be at least eighty (80) feet.
h. Two paved parking spaces shall be provided for each manufactured home. Each parking space shall have a length of eighteen (18) feet and a width of nine (9) feet.
i. An identification sign stating the name and address of the manufactured home park shall be erected at the main entrance. Such a sign shall not exceed sixteen (16) square feet in surface area.
j. The owner or operator shall display house or lot numbers for each home in the park. The house or lot number may be attached to the home or posted at the front of the home. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3091 Purpose.
The purpose of this section is:
(a) To maintain public safety and traffic safety by ensuring that signs are properly designed, constructed, installed, and maintained;
(b) To minimize the distractions and obstruction of view that contributes to traffic hazards and endangers public safety;
(c) To protect existing development and promote high standards of quality in new development by encouraging appropriately designed, placed, and sized signage; and
(d) To permit the effective use of signs as a means of commercial and noncommercial communication without dominating the visual appearance of the areas in which they are located; and
(e) To minimize the possible adverse effect of signs on nearby public and private property. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 10/5/15; Ord. of 6/28/21)
Section 9-3092 Applicability.
(a) Except as otherwise provided in this chapter, it shall be unlawful to construct, enlarge, move or replace any sign or cause the same to be done without first obtaining a sign permit for such sign from the town. Also, a certificate of occupancy for the change in the use of a property shall require compliance with Article H, Signs.
(b) Notwithstanding the above, changing or replacing the permanent copy on an existing lawful sign shall not require a permit, provided the copy change does not change the nature of the sign to render it in violation of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 10/5/15; Ord. of 6/28/21)
Section 9-3093 General provisions.
The following provisions shall apply to all signs:
(a) Construction standards. All signs shall be constructed and installed following the applicable provisions of the North Carolina State Building Code.
(b) Electrical standards. All illuminated signs shall be installed following the applicable provisions of the North Carolina State Electrical Code, and all detached signs shall be illuminated by an underground electrical source.
(c) Maintenance of signs. All signs shall be maintained in good structural and aesthetic conditions. Deficiencies such as chipped paint, broken plastic, missing letters, and exposed light bulbs shall be evidence of a lack of maintenance.
(d) Content. Content of the message, commercial or non-commercial, is not regulated by this chapter.
(e) No sign shall be placed to obstruct the clear sight triangle at a street intersection.
(f) Whenever the ordinance permits a commercial sign, a non-commercial message may be substituted for the commercial message. The right to substitute the non-commercial message does not waive any other requirement imposed the town's ordinances as to the number, size, type, construction, location, lighting, safety, or other regulated attribute.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3094 District classification.
For purposes of this article, zoning districts are classified as follows:
R-12 (Residential) | Residential |
R-12A (Residential) | Residential |
R-8 (Residential) | Residential |
FP (Floodplain Overlay) | Mixed Use |
O-I (Office-Institutional) | Mixed Use |
B-1 (Central Business) | Mixed Use |
B-2 (General Business) | Commercial |
M-1 (Manufacturing) | Commercial |
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3095 Sign types.
Sign types are defined as follows:
(a) Wall mounted signs. One or a combination of the wall sign types below may be used on a building. The wall sign area is the total square footage of all wall signs associated with a business or structure.
(1) A flush wall sign is mounted or applied directly to the building wall, generally on the fascia. It may in no instance extend above the parapet; in the residential and mixed-use districts, it must be located below the parapet.
(2) A hanging sign is also a wall sign. A hanging sign is suspended from a simple bracket attached to a building wall and requires nine (9) or more feet of vertical clearance from the ground. It is most appropriately used along pedestrian-oriented streets to identify attached or closely spaced shops, restaurants, and service businesses.
Only one hanging sign is permitted per building or business bay (in a multi-tenant building). The sign face area does not include the area of the bracket. A hanging sign may project no more than five (5) feet from the building wall. It may project up to five (5) feet over a sidewalk in a town-maintained right-of-way (or state ROW if permitted). However, in any case, the sign shall not be closer than three (3) feet to power or other utility line or the outside edge of street pavement.
(3) A canopy or awning sign is a sign copy applied directly onto a canopy or awning.
(b) Ground mounted signs are defined as follows:
(1) A monument sign is mounted generally flush with the ground plane. It may not be mounted on a pole or pylon nor raised by mounting on a man-made berm, wall, or similar structure. Supporting elements may not exceed three feet in height and are included in the measurement of sign height. All signs shall be set back at least ten (10) feet from any property or right-of-way line.
(2) A raised sign may hang from a pole and beam frame as illustrated below or be placed within a frame mounted on up to two supporting poles. All signs shall be set back at least ten (10) feet from any property or right-of-way line.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 10/5/15; Ord. of 6/28/21)
Section 9-3096 Sign measurement.
(a) Sign face area: the area within a single, continuous perimeter enclosing the characters, lettering, logos, illustrations, and ornamentation, together with any material or color-forming an integral part of the display or used to differentiate the sign from the background against which it is placed.
(b) Sign height: the distance from the ground plane beneath the sign to the highest point of the sign's frame. Ornamentation atop signs, such as small caps and spires, are not included in the height measurement.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3097.1 On-premise signs.
On-premise signs are allowed, as indicated in the chart below:
INSTITUTIONAL IN ANY DISTRICT Wall Mounted Sign 1 square foot of sign surface area for every linear foot of building frontage up to a maximum of 75 square feet Ground Mounted Sign (only monument style permitted) Maximum number: 1 per street front Maximum area: 50 square feet Maximum height: 10 feet Setback: Must be setback at least 10 feet from any right-of-way or property line. For the purpose of this section, institutional facilities include public schools, libraries, and buildings operated by the Town of Valdese. | ANY BUILDING TYPE IN A MIXED USE DISTRICT EXCEPT A SINGLE-FAMILY HOUSE (B-1, O-I, FP) Wall Mounted Sign For single-story buildings, 1 square foot of sign surface area for every linear foot of building frontage up to a maximum of 50 square feet For multi-story buildings, 1.5 square feet of sign surface area for every linear foot of building frontage up to a maximum of 75 square feet Ground Mounted Sign Maximum number: 1 per street front Maximum area: 32 square feet Maximum height: 8 feet Setback: must be setback at least 10 feet from any right-of-way or property line. Flag Signs Prohibited |
ANY BUILDING TYPE IN A COMMERCIAL DISTRICT EXCEPT SINGLE-FAMILY HOUSE (B-2, M-1) Wall Mounted Sign 1 wall sign shall be permitted for each principal building frontage or storefront of an individual bay or store. Wall signs shall be limited to 1 square foot per linear foot of principal building front facade, not to exceed 120 square feet for any single sign. Each secondary business is allowed secondary business sign (defined in Section 9-3106), up to a maximum area of 60 square feet. Notwithstanding the above, the total area of all wall mounted signs shall not exceed ten percent (10%) of the applicable wall face area. Ground Mounted Sign (only monument style permitted) Maximum number: 1 per street front Maximum area: 50 square feet Maximum height: 12 feet Setback: must be setback at least ten (10) feet from any right-of-way or property line. | PLANNED DEVELOPMENT ENTRANCE SIGN Maximum number: 1 per street front; 2 sign faces may be used with a wall, fence, or other architectural entrance feature Maximum area: 24 square feet Maximum height: 8 feet (permitted for all-residential, mixed use, and non-residential projects of 10 acres or more) Limited to name and/or logo |
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 10/5/15; Ord. of 6/28/21)
Section 9-3097.2 Electronic message signs.
Electronic message signs are permitted as a component of otherwise permitted on premise signage subject to the following regulations:
(a) Electronic message signs are prohibited in all zoning districts unless used in connection with the Town of Valdese or public-school facilities.
(b) Graphic images are prohibited.
(c) Each message on the sign must be displayed for a minimum of eight (8) seconds.
(d) The message must be complete during the duration of the display, without continuation in content to the next image. Transitions from one static message to the next shall appear instantaneous without the appearance of movement of any kind.
(e) Such displays shall contain static messages only and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or the flashing, scintillating or varying of light intensity.
(f) Each static message display shall be limited to one monochrome color display on a solid black background at any one time and have a medium resolution true pixel pitch of no greater than twenty (20) mm. Full-color display is permitted, provided such signs have a high-resolution true pitch of ten (10) mm or less.
(g) The level of direct or indirect illumination on the vertical surface of any electronic message sign shall not exceed three (3) foot candles for wall-mounted and two (2) foot candles for ground-mounted signs.
(h) The electronic message sign shall not exceed fifteen (15) square feet or seventy (70) inches diagonally.
(i) Electronic message display signs must meet all other requirements for on premise signs.
(j) Limited exceptions:
(1) Time, date, and temperature (TDT) signs display area shall not exceed five (5) square feet per face and shall not be included in the allowable sign area provided such display is collocated within an existing sign.
(2) Petroleum digital price signage.
a. The display area shall not exceed ten (10) square feet, and illuminated numerals shall not exceed twelve (12) inches in height.
b. Signs shall be collocated on an approved ground-mounted or pole mounted sign.
c. The digital display area shall not be calculated as part of the total allowable display area.
d. The sign may contain single-faced or double-faced display areas.
(3) Lottery signs shall be limited to a maximum of two (2) square feet and subject to the requirements outlined in 9-3097.2. Lottery signs shall not be calculated as part of the allowable display area. (Ord. of 10/5/15; Ord. of 6/28/21)
Section 9-3097.3 Permanent off-premise signs limited to non-commercial public service directional signs.
To direct the public-at-large to non-commercial community facilities of general interest, permanent off-premises directional signs may be erected in addition to signs otherwise permitted in these regulations.
(a) Non-commercial public service directional signs are permitted subject to the following standards:
(1) The community facility is open to the general public and operated by a non-commercial civic, charitable, religious, community, or similar organization.
(2) No more than two (2) directional signs shall be erected for each facility.
(3) Signs may not exceed four (4) square feet in area or five (5) feet in height.
(4) Signs may be placed no more than one mile from the subject property.
(5) Along state roads, such signs shall be located outside of the right-of-way or farther than eleven (11) feet from the edge of any public street, whichever distance from the edge of pavement is greater; signs shall not violate the sight distance triangle requirements of this chapter.
(6) Along town-maintained roads, such signs shall be located outside of the right-of-way or farther than eleven (11) feet from the edge of any public street, whichever distance from the edge of pavement is greater; signs shall not violate the sight distance triangle requirements of this chapter.
(7) No sign shall be placed on private property without the written consent of the property owner on the permit application.
(8) Every non-commercial public service directional sign shall be separated by a distance of four hundred (400) feet from any other such sign on the same side of the street and by a distance of two hundred (200) feet from any other such sign on the opposite side of a street. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3097.4 Subdivision, multi-family, and manufactured home park signs.
At any entrance to a residential subdivision, multi-family development, or manufactured home park, a maximum of two signs identifying the subdivision, development, or park are permitted. The sign face area of each sign shall not exceed sixteen (16) square feet. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3098 Temporary signs requiring a permit.
The following temporary signs shall be allowed subject to the standards below, instead of on-site real estate or construction signs. Temporary planned development signs, provided:
(a) Only one primary sign and two secondary signs shall be allowed per street in front of the development.
(b) The maximum sign face area of a primary sign shall not exceed thirty-two (32) square feet; the height of ground-mounted signs shall not exceed six (6) feet.
(c) The maximum sign face area of secondary signs shall not exceed twelve (12) square feet; the height of ground-mounted signs shall not exceed six (6) feet.
(d) Only one permit shall be required for all temporary planned development signs for each planned development. Permits shall be valid until a project is completed or two (2) years, whichever comes first. Completion shall be evidenced by the issuance of all certificates of occupancy for a development by the Building Inspections Department. If a project is not completed in two (2) years, a new permit must be obtained. However, in no instance shall more than two (2) permits be issued for a development. Additional permits shall not allow secondary signs. All secondary signs shall be removed when the first permit issued expires.
(e) Temporary directional signs within a planned development, but not visible from the road(s) fronting the overall development, shall be permitted so long as such signs do not exceed twelve (12) square feet in sign area, six (6) feet in height, and are removed upon completion of the portion of the project to which the signs are giving direction.
(f) Flag signs shall be allowed in the B-2 General Business and M-1 Manufacturing Districts, providing:
(1) One (1) sign shall be permitted per property.
(2) Signs can be erected up to fourteen (14) days per calendar year.
(3) The sign cannot be located inside any public right-of-way. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 10/5/15; Ord. of 6/28/21)
Section 9-3099 Temporary off-premise signs requiring approval.
The following temporary off-premise signs are permitted subject to the standards below.
(a) Temporary off-premise signs or banners for special community events open to the general public and sponsored by the non-commercial civic, charitable, community, or similar organizations, provided:
(1) At least five (5) business days before signs are to be posted, the designated representative of the sponsoring group shall provide a sign installation and removal plan for review by the Zoning Enforcement Officer, who shall grant written permission for signs to be posted if the standards below are met.
(2) Signs or banners shall be located outside of the public right-of-way or farther than eleven (11) feet from the edge of any public street, whichever distance from the edge of pavement is greater; signs shall respect the sight distance triangle.
(3) Signs or banners may be posted up to fourteen (14) days before the event and must be removed within seven (7) days following the event.
(4) Every temporary off-premise sign or banner shall be separated by a distance of four hundred (400) feet from any other such temporary off-premise sign on the same side of a street and by a distance of two hundred (200) feet from any other sign on the opposite side of a street.
(5) Nothing in this provision shall be construed to authorize the posting of such signs or banners upon trees, utility poles, traffic control signs, lights, or devices in any place or manner prohibited by the provisions herein, nor on private property without the written consent of the owner.
(b) Real estate signs not exceeding a total of two (2) square feet in sign face area shall be permitted.
(c) Temporary cross-street banners for community events as may be approved by the Town Manager and installed by town personnel, according to policies established by the Town Council. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3100 Signs permitted without a permit.
Notwithstanding the above, changing or replacing the permanent copy on a lawful sign shall not require a permit, provided the copy change does not change the nature of the sign to render it in violation of this chapter.
(a) The following types of signs are exempt from permit requirements and allowed in all zones but shall be in conformance with all other requirements of this Chapter.
(1) Historical markers erected by a government body, memorial signs, plaques, or grave markers.
(2) Public interest signs.
(3) Public information kiosks on public or private property, subject to design approval by the Town Council and written permission of the owner of the property upon which the kiosk is to be placed.
(4) On-premises directional and instructional signs not exceeding 6 square feet in area, unless such sign is a monument sign, in which case it may not exceed 9 square feet. Maximum height: 4 feet.
(5) Identification signs not exceeding 2 square feet in area, not of a commercial nature, and bearing only property identification numbers and names, post office box numbers, and names of occupants of the premises. Maximum height: 4 feet.
(6) Window signs shall be allowed on the inside or outside window glass of non-residential properties, provided that they cover an area with a total copy area not exceeding 50 percent of the window or glass. Open/closed signs shall be included in the total window sign area.
(7) Incidental signs used in conjunction with equipment or other functional elements of use or operation. These shall include but are not limited to drive-thru window menu boards, signs of automatic teller machines, gas pumps, express mailboxes, vending machines, or newspaper delivery boxes.
(8) Official flags on permanent poles, emblems, or insignia of government, corporation, professional, fraternal, civic, religious organizations.
(9) Campaign or Election Signs provided that:
a. Each sign shall not exceed 16 square feet in area or 6 feet in height
b. All such signs shall be removed within 7 days after the election for which they were made.
c. Signs may be erected no earlier than 45 days before the election date.
d. Campaign signs prohibited on town owned property, except when town properties are being used as polling sites. In such case, campaign signs may be placed on the property the day before the election.
e. Campaign signs are permitted within street right of way.
f. Campaign signs along NCDOT maintained roads are subject to G.S. 136-32.
(10) Real estate signs, other than the temporary signs described in Section 12.8
a. Signs advertising a single-family home or lot, a duplex, triplex, or quad, or an individual unit within an attached housing development shall not exceed 6 square feet. Maximum height: 4 feet.
b. Signs advertising all other uses shall not exceed one square foot for every 5 linear feet of frontage of the advertised property, up to a maximum sign face area of 32 square feet and a maximum height of 6 feet.
c. Only one sign per street front of the advertised property shall be erected.
d. Properties having a continuous frontage over 850 linear feet may be allowed additional sign so long as such sign is no closer than 850 feet from another real estate sign on the property
e. Signs shall not be illuminated
f. Signs shall be removed within 7 days after the sale is closed or rent or lease transaction is finalized.
(11) Construction signs, other than Temporary Planned Development Signs, Section 9-3098, provided:
a. Signs located on single-family lots or duplex, triplex, or quadruplex lots shall not exceed six (6) square feet in area. Rider signs not exceeding two (2) square feet in area shall be permitted in addition to the six (6) square feet. Maximum height: four (4) feet.
b. Signs for all other uses shall not exceed one square foot for every five (5) linear feet of frontage of property under construction, up to a maximum sign face area of thirty-two (32) square feet and a maximum height of six (6) feet.
c. Signs are confined to the site of construction
d. Only one sign per street front of the property under construction shall be erected.
e. Signs shall not be illuminated.
f. Signs shall be removed within seven (7) days of the termination of a project.
(12) Temporary farm product signs provided:
a. Signs are located on the premises where the products are sold in conjunction with a bona fide farm use.
b. Signs shall not exceed thirty-two (32) square feet in area or six (6) feet in height.
c. Only one sign shall be erected.
d. Signs shall be removed within seven (7) days of the termination of sale activities.
(13) Temporary special event signs or banners for religious, charitable, civic, fraternal, or similar organizations, provided:
a. No more than one sign per street front shall be permitted per event.
b. Signs shall be located on the property on which the event will occur.
c. Signs shall not exceed thirty-two (32) square feet in area or six (6) feet in height.
d. Signs shall be erected no sooner than fourteen (14) days before and removed seven (7) days after the event.
(14) Temporary banners in the commercial and mixed-use district, provided:
a. Only one banner per establishment shall be allowed at a time.
b. All banners shall be attached in total to a building wall or permanent canopy extending from a building.
c. No paper banners shall be allowed.
d. Banners shall be erected for a period not to exceed two (2) weeks.
e. No more than six (6) such signs per establishment shall be erected within a calendar year.
f. No banner shall extend above the second occupiable floor level of a building.
g. Banners displayed at the time of adoption of this chapter are not excluded from the provisions above.
h. All banners shall be considered temporary banners.
(15) Public service and advertising signs in association with athletic fields. Signs may be attached to the interior face of any fence which encloses or partially encloses an athletic playing field upon the property of a school or public park subject to the following conditions:
a. No sign face area shall be visible from any public street or any adjoining property in a residential or mixed-use district.
b. No sign shall extend above the top of the enclosing fence.
(16) Open/closed signs.
a. Illuminated or non-illuminated.
b. Shall not exceed two (2) square feet in surface area.
(Ord. of 1/10/05; Ord. of 1/5/09; Ord. of 12/6/10; Ord. of 10/5/15; Ord. of 6/28/21)
Section 9-3101 Master signage programs.
Master signage programs provide latitude to develop appropriate signage designs for new or existing areas with special unifying features. Master signage programs require approval by the Town Council following review and recommendation by the Town of Valdese Planning Board. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3101.1 Planned development flexibility option.
To provide flexibility and incentives for coordinated, well-designed sign systems for large-scale development, special provisions varying the standards of this chapter may be approved by the Town Council. The planned development flexibility option is initiated by the developer by submission of a master sign program to the Planning Director, who shall first place the request on the agenda of the Planning Board for a recommendation, and then on the agenda of the Town Council for approval, subject to the following:
(a) The development shall be a planned residential, nonresidential, or mixed use development, ten (10) acres or greater in size; a hospital or other large scale institutional complex; a large scale cultural, civic or recreational facility; or a similar large scale development.
(b) A master sign program that includes the following information is submitted:
(1) Detailed designs of all proposed signs, including the size, height, copy, materials, and colors of such signs.
(2) Proposed number and location of signs.
(3) Sign illumination plans.
(4) Plans for landscaping or architectural features to be used in conjunction with such plans.
(c) The proposed signs meet the following criteria:
(1) All signs are coordinated in terms of design features.
(2) The maximum size of detached signs is not increased by more than twenty-five percent (25%).
(3) The number of detached signs along a street frontage does not exceed three (3).
(4) The maximum height of a detached sign does not exceed twelve (12) feet.
(5) Multi-information directional signs are no greater than sixteen (16) square feet and are located in the interior of a development.
(6) Changeable copy highlighting special events on signs for cultural, civic, or recreational facilities shall not exceed twenty-five percent (25%) of the sign face area of a sign. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3102 Prohibited signs.
The following signs are prohibited in all zoning districts:
(a) Signs attached to utility poles, street signs, or placed on town-owned property; other than those signs approved by the town or the North Carolina Department of Transportation as outlined in G.S. 136-32, may be removed;
(b) Roof signs;
(c) Portable signs;
(d) Flashing, fluttering, swinging, rotating, and electronic scrolling signs; provided, however, electronic time and/or temperature signs are permitted.
(e) Signs that, by their position, illumination size, shape, or color, obstruct, impair, obscure, or interfere with traffic signs, signal devices, or visibility at intersections (see Section 9-3038);
(f) Vehicular signs as defined in Article H of this chapter;
(h) Obsolete signs: signs that do not comply with the provisions of this chapter and identify or advertise a use that has ceased operation for one year or more. Obsolete signs shall be removed;
(i) Signs which use a series of two or more signs placed in a line parallel to a street or highway right-of-way, or similar fashion, all carrying a single advertising message, part of which is contained on each sign;
(j) Other signs not expressly allowed by this chapter;
(k) Any sign that incorporates a television screen, a computer screen, electronic images, or electronic characters that do not meet the standards for electronic message display signs;
(l) Any illuminated tubing is not permitted, including but not limited to those outlining property lines, open sales areas, rooflines, doors, windows, landscaping, or the edges of the wall, except for perimeter down-lighting that is shielded to illuminate open sales areas but no land outside those areas;
(m) Illuminated signs in any residential district, except as provided in Section 9-3097.2(a); and
(n) Electronic message signs, unless expressly permitted by the chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 10/5/15; Ord. of 6/28/21)
Section 9-3103.1 Application.
Applications for permits, if required, shall contain or have attached the following information:
(a) The street name and street number of the building, structure, or lot on which a sign is to be placed;
(b) Names, addresses, and telephone numbers of the applicant, owner of the property on which the sign is to be erected or affixed, the owner of the sign, and the licensed contractor erecting or affixing the sign;
(c) If the applicant is not the owner or lessee of the lot on which the sign will be located, written permission from the property owner or a designated representative stating agreement that the sign may be erected on the parcel for which the permit has been applied shall be required;
(d) A site or plat plan of the property involved, showing accurate placement of the proposed sign, intended use(s) of the property, and zoning district designation;
(e) Two (2) blueprints or inked, scaled drawings of the plans and specifications of the sign to be erected or affixed as deemed necessary by the Zoning Enforcement Officer. Such plans may include but shall not be limited to details of dimensions, materials, copy, and size of the proposed sign. For wall signs, dimensions of the building wall on which the sign is to be affixed and the location and size of existing wall signs shall also be included;
(f) Address assignment. No permit for a sign shall be issued unless a street address has been assigned according to the requirements of the Town or the Burke County 911 address chapter, whichever is applicable; and
(g) Other information as the Zoning Enforcement Officer may require determining full compliance with this and other applicable codes. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 10/5/15; Ord. of 6/28/21)
Section 9-3103.2 Issuance of permit.
Upon the filing of an application for a sign permit, the Zoning Enforcement Officer shall examine the plans and specifications and, as deemed necessary, may inspect the premises upon which the sign is proposed to be erected or affixed. If the proposed sign is following all the requirements of this chapter and other applicable codes, a permit will be issued. Any permit issued under this section shall automatically become null and void unless the work for which it was issued has visibly commenced within six (6) months of the date of issue or if the work authorized by it is suspended or abandoned for one year. The applicant shall be responsible for obtaining a building or electrical permit from the Building Inspection Department when required by applicable local and state codes. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3103.3 Fees.
To obtain a sign permit, all fees, under the requirements of the permitting agency, shall be paid.(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3103.4 Completion of construction.
The permit holder shall notify the town upon completion of construction and installation of any sign for which a permit is required. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3104 Unlawful cutting of trees or shrubs.
No person may, to increase or enhance the visibility of any sign, damage, trim, destroy or remove any trees, shrubs, or other vegetation located:
(a) Within the right-of-way of any public street or road, unless the work is done under the express written authorization of the town or other agency having jurisdiction over the streets.
(b) On property that is not under the ownership or control of the person doing or responsible for such work, unless the work is done under the express authorization of the person owning the property where such trees or shrubs are located.
(c) In any areas where such trees or shrubs are required to remain under a permit issued under this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3105 Nonconforming signs.
Subject to the remaining restrictions of this section, nonconforming signs that were otherwise lawful on the effective date of this article may be continued, provided they conform to the following provisions:
(a) No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. Without limiting the generality of the foregoing, no nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition. Nor may illumination be added to any nonconforming sign.
(b) A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this article.
(c) If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this article, and the remnants of the former sign structure shall be cleared from the land within thirty (30) days of destruction. For purposes of this section, a nonconforming sign is "destroyed" if it is damaged to the extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the value (tax value if listed for tax purposes) of the sign so damaged.
(d) The message of a nonconforming sign may be changed so long as this does not create any new nonconformity (for example, by creating an off-premise sign under circumstances where such a sign would not be allowed).
(e) If a nonconforming sign other than a billboard advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall be removed within thirty (30) days after such abandonment by the sign owner, owner of the property where the sign is located or other party having control over such sign.
(f) If a nonconforming billboard remains blank for a continuous period of one hundred eighty (180) days, that billboard shall be deemed abandoned and shall, within thirty (30) days after such abandonment, be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign. For purposes of this section, a sign is "blank" if:
(1) It advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted; or
(2) The message displayed becomes illegible in whole or substantial part; or
(3) The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3111 Planned Unit Development - Residential (PUD-R).
(a) Intent: The purpose of the Planned Unit Development - Residential is to encourage the development of living environments which meet the needs of the people who live in them by providing certain development privileges in exchange for preplanning and design considerations. The Planned Unit Development - Residential provides flexibility in using new development concepts and in introducing variety into neighborhoods by encouraging mixed uses, variable lot size, and environmentally sensitive design, which promotes the conservation of open space and ensures substantial compliance with the intent of the Town Zoning Chapter. Furthermore, it is the purpose of this Section to:
(1) Encourage development that enhances the quality of life while protecting the health, safety, and general welfare of residents;
(2) Encourage variety in housing opportunities;
(3) Encourage the development of a viable economic base;
(4) Encourage the development of land uses that will complement existing adjacent land uses;
(5) Provide guidelines for the development of planned unit developments.
(b) The Town Council may approve this form of development in the districts that allow it as a special use if the conditions specified in this article are met. (Ord. of 1/10/05; Ord. of 1/8/07; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3111.1 Permitted uses and requirements.
(a) Planned unit developments may be approved for any residential use or combination of uses except the combination of residential and industrial.
(b) General requirements:
(1) At the time of application for a planned unit development, all land, structures, and other real property shall be in single or joint ownership of whatever form, or the petitioner shall have the right to acquire ownership under a valid option, and this information shall be included in the application for a planned unit development.
(2) A residential planned-unit development shall be located on a site containing at least two (2) contiguous acres.
(3) If land or structures within a proposed PUD-R are to be sold to more than one person, firm, corporation, or other entity, then the proposed PUD-R shall be subject to the Town Subdivision Chapter. Deviations from said standards may be approved provided they are stated as part of the PUD-R application requirements.
(4) A minimum of ten percent (10%) of the land area for the PUD-R shall be a common open/recreational space. This area shall be identified as open/recreation space on the submitted plans, which shall be recorded in the Office of the Register of Deeds. In residential mixed-use PUD-R's, required open space may not be part of any proposed platted single-family residential lots.
(5) All new planned unit developments shall provide concrete sidewalks along both sides of all existing and proposed public streets within the PUD-R. Sidewalks shall only be required on the internal side of existing streets that are on the perimeter of the PUD-R. Sidewalks shall be a minimum of five (5) feet wide and four inches thick. Sidewalks will not be required along alleys. All pedestrian segments shall meet or exceed ADA standards and shall be constructed of concrete.
(6) The design and layout of a PUD-R shall consider the relationship of the site of the surrounding areas. Additionally, the perimeter of the PUD-R shall be so designed as to minimize any negative impact on adjacent properties.
(7) Development of a PUD-R may be phased, in which case, all the property anticipated for the PUD-R development shall be submitted as part of the PUD-R development plan showing a conceptual depiction of the eventual development and approximate phase lines shown. During the phased development of a PUD-R, proportional overall common open space required shall be incorporated into each phase and be dedicated and installed or improved by the end of the construction of each proposed phase.
(8) Following a review of the proposed PUD-R, the Planning Board shall recommend approval or denial of the application and accompanying PUD-R plans. Planning Board may recommend to Town Council approval with such conditions as are necessary to ensure conformity to all applicable requirements. If conditions are placed on the approval of the PUD-R, a revised plan including the required changes must be submitted to the Town of Valdese Town Council.
(9) For an application for a PUD-R to be approved, the Town Council must find that the proposed development will be compatible with comprehensive land use, and neighborhood development plans and will not place an excessive traffic load on local streets. Also, Town Council must find that the site can be developed according to a site plan that will be compatible with existing neighborhood development and that the site can be provided with adequate utility services.
(10) Site development within the PUD-R shall conform to the schematic plan, and associated requirements of the special use permit approved by the Town Council. Modification of the development plan may be made by the Town Council after its initial approval upon application by the owner of the property.
(11) Following approval by the Town Council of a PUD-R special use permit, the property for which approval was granted shall be labeled "PUD-R" on the official zoning map.
(12) Lot design and requirements: Clustering of structures on smaller lots is encouraged. Lots in a PUD-R may be smaller than established in the Zoning Chapter, provided that the overall average lot size and density of the entire PUD-R meet zoning requirements and the proposed lot sizes are shown in the PUD-R application. The following are the minimum building setbacks:
Lot Size | Setbacks from ROW and Parcel Line |
>=8,000 sq. feet | Front: 25' Side: 10' (15' for side abutting a street ROW) Rear: 25' |
<8,000 sq. feet | Front: 25' Side: 10' (15' for side abutting a street ROW) Rear: 20' |
(c) Application requirements: An application for a special use permit to allow a PUD-R shall be accompanied by schematic plans showing the information listed below. Also, the Town Council may require additional information necessary to ensure compliance with the provisions of this chapter. For the purposes of this ordinance, no application shall be considered to have been submitted until it is complete.
(1) Proposed location of buildings and their general exterior dimensions of all non-single-family structures;
(2) Proposed use of all the land within the area requested for a PUD-R, in addition to the zoning designation and land use of adjacent properties;
(3) Dimensions between all buildings and from buildings to property lines;
(4) Traffic, parking, and circulation plan showing proposed locations and arrangement of parking spaces and ingress and egress to and from adjacent streets;
(5) Proposed location and material of any screening walls, fences, or plantings;
(6) Proposed exterior design of buildings for all non-single-family structures;
(7) Schedule of number and size of dwelling units within the project;
(8) Proposed schedule and staging, if any, for construction of the project;
(9) Statement of intent, including plans for selling or renting the property;
(10) Provision to assure maintenance of all common areas and open space; example: property owners' association, private conservancy, etc.
(11) Location of all common yards, open space, and recreational areas;
(12) Street lighting, if any;
(13) Signage plan, if it will vary from base zoning Chapter (Section 9-3097);
(14) The location and size of all non-residential structures;
(15) If approved, before construction, the following items must be submitted to planning staff:
a. Professionally prepared plans of each phase with the items listed below as a minimum must be submitted and approved by the Planning Board:
1. Existing site topographical conditions, showing contours at five (5) foot intervals, if reasonably available, and location of significant geographical features, including watercourses;
2. The location of drainage facilities/basins and other similar features;
3. A boundary survey;
4. Construction specifications for streets and pedestrian ways including typical roadway sections showing locations of all utilities. These specifications must be sealed by a professional engineer licensed in the State of North Carolina;
5. Sealed engineering plans for water, sewer, storm drainage and erosion/sedimentation;
6. Preliminary subdivision plat if the property is to be subdivided;
7. General concept landscape plans for open space, common areas, streets, pedestrian ways, and recreational facilities;
8. Location, arrangement, and number of parking facilities and loading areas;
9. Architectural concept plans of typical structures.
b. Should the Planning Board deny the application, the applicant may appeal to the Town of Valdese Town Council by filing a written notice of appeal within thirty (30) days from receipt of the Planning Board's denial of the application. (Ord. of 1/10/05; Ord. of 1/8/07; Ord. of 12/6/10; Ord. of 11/7/16; Ord. of 6/28/21)
Section 9-3112 Planned Unit Development - Business (PUD-B).
Intent: The purpose of the Planned Unit Development - Business is to encourage the development of environments which meet the needs of the people who live or work in them by providing certain development privileges in exchange for preplanning and design considerations. The Planned Unit Development - Business provides flexibility in using new development concepts and in introducing variety into neighborhoods by encouraging mixed uses, variable lot size, and environmentally sensitive design, which promotes the conservation of open space. The Town Council may approve this form of development in the districts that allow it as a special use, provided that the conditions specified in this article are met. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3112.1 Permitted uses and requirements.
(a) Uses permitted within the PUD-B: Uses permitted within the zoning district for which the project site is located.
(b) Permitted building and lot types: Building and lot types permitted within the zoning district for which the project site is located.
(c) Permitted accessory structures and uses: Accessory structures and uses permitted within the zoning district for which the project site is located.
(d) General requirements:
(1) At the time of application for a planned unit development, all land, structures, and other real property shall be in single or joint ownership of whatever form, or the petitioner shall have the right to acquire ownership under a valid option, and this information shall be included in the submission of an application for a planned unit development.
(2) The development shall be in full compliance with all density and lot coverage limitations and requirements of the zoning district in which the development is to be located.
(3) All new planned unit developments shall provide concrete sidewalks along both sides of all existing and proposed public streets within the PUD-B. Sidewalks shall only be required on the internal side of existing streets that are on the perimeter of the PUD-B. Sidewalks shall be a minimum of five (5) feet wide and four inches thick. Sidewalks will not be required along alleys. All pedestrian segments shall meet or exceed ADA standards and shall be constructed of concrete.
(4) The Town Council may require buffering around the proposed PUD-B.
(5) In approving an application for a PUD-B, the Town Council shall find that the proposed development will be compatible with comprehensive land use, and neighborhood development plans, will not place an excessive traffic load on local streets, that the site can be developed according to a site plan that will be compatible with existing neighborhood development, and that the site can be provided with adequate utility services.
(6) Site development within the PUD-B shall conform to the schematic plan, and associated requirements of the special use permit approved by the Town Council. Modification of the development plan may be made by the Town Council after their initial approval upon application by the owner of the property.
(7) Following approval by the Town Council of a PUD-B special use permit, the property for which approval was granted shall be labeled "PUD-B" on the official zoning map.
(e) Application requirements: An application for a special use permit to allow a PUD-B shall be accompanied by schematic plans showing the information listed below. Also, the Town Council may require additional information necessary to ensure compliance with the provisions of this chapter. For the purposes of this ordinance, no application shall be considered to have been submitted until it is complete.
(1) Proposed location of buildings and their general exterior dimensions;
(2) Proposed use of all the land within the area requested for a PUD-B;
(3) Dimensions between all buildings and from buildings to property lines;
(4) Traffic, parking, and circulation plan showing proposed locations and arrangement of parking spaces and ingress and egress to and from adjacent streets;
(5) Proposed location and material of any screening walls, fences, or plantings;
(6) Proposed exterior design of buildings;
(7) Schedule of number and size of dwelling units/buildings within the project;
(8) Proposed schedule and staging, if any, for the construction of the project. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3116 Zoning Enforcement Officer.
This chapter shall be administrated and enforced by the Zoning Enforcement Officer who shall be appointed by the Town Manager and is hereby empowered:
(a) To issue a zoning permit when these regulations have been followed or to refuse to issue the same in the event of noncompliance. Written notice of such refusal and reason, therefore, shall be given to the applicant.
(b) To collect the fees set forth herein for a zoning permit, variances, appeals, rezoning, special use permits, and subdivisions.
(c) To make and keep all records necessary and appropriate to the office, including a record of the issuance and denial of all zoning permits and receipt of complaints of violation of this chapter and action taken to the same.
(d) To inspect any building and/or land to determine whether any violations of this chapter have been committed or exist.
(e) To enforce this chapter and take all necessary steps to remedy any condition found in violation by ordering in writing the discontinuance of illegal uses or illegal work in progress and may institute an injunction, mandamus, or other necessary action.
(f) To keep the Board of Adjustment advised of all matters other than routine duties on the enforcement of this chapter and to transmit all applications and records on appeals, variances, or requests for special use permit approval.
(g) No Zoning Enforcement Officer shall make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.
(h) No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with the Town of Valdese to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the town, as determined by the Town of Valdese. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3117 Zoning permit required.
Within the corporate limits of the Town of Valdese, no building, sign, or other structure shall be erected, moved, added to, or structurally altered before a zoning permit has been issued by the Valdese Planning Department of the Town of Valdese. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3118 Application for a zoning permit.
(a) Each application for a zoning permit shall be made in person by the landowner or his/her representative or a person holding a valid option, lease, or contract to purchase and accompanied by a permit fee set by the Town Council. The landowner representative or authorized person shall show or provide the following:
(1) The actual dimensions of the lot to be built upon;
(2) The size and location of all buildings existing on the lot;
(3) The size and location of the proposed new construction;
(4) The existing and intended use of all parts of the land or building;
(5) Such other information about the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter.
(b) Any zoning permit issued shall become invalid if the work authorized by it has not substantially commenced within twelve (12) months of its date of issue or if the work authorized by it is suspended, stopped, or is abandoned.
(c) Unless otherwise provided by law, zoning permits run with the land (see Section 9-3008).
(d) For the purposes of this ordinance, a project is considered to have not substantially commenced unless either one of the following has occurred:
(1) The development has installed substantial on-site infrastructure, such as but not limited to the installation of a road, water line, sewer line, or stormwater management pond; or
(2) The development has received and maintained a valid building permit for the construction and approval of a building foundation. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3119 Permit choice.
(a) If a development permit applicant submits a permit application for any type of development and an ordinance is amended, including an amendment to any applicable land development regulation, between the time the development permit application was submitted and a development permit decision is made, the development permit applicant may choose which adopted version of the rule or ordinance will apply to the permit and use of the building, structure, or land indicated on the permit application.
(b) If the development permit applicant chooses the version of the rule or ordinance applicable at the time of the permit application, the development permit applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the development permit.
(c) If a permit application is placed on hold at the request of the applicant for a period of six (6) consecutive months or more, or the applicant fails to respond to comments or provide additional information reasonably requested by the town for a period of six (6) consecutive months or more, the application review shall be discontinued and the development regulations in effect at the time permit processing is resumed shall be applied to the application.
(d) Where multiple local development permits are required to complete a development project, the development permit applicant may choose the version of each of the local land development regulations applicable to the project upon submittal of the application for the initial development permit. This provision is applicable only for those subsequent development permit applications filed within eighteen (18) months of the date following the approval of an initial permit.
(e) For purposes of this subsection, erosion and sedimentation control permit or a sign permit is not an initial development permit. (Ord. of 6/28/21)
Section 9-3120 Penalties for violations.
(a) Any person who shall violate a section of this chapter punishable by criminal penalty shall be guilty of a Class 3 misdemeanor and may be fined not more than five hundred dollars ($500.00), or such other maximum amount as shall be authorized by North Carolina General Statutes or specifically established in this code, whichever is less.
(b) A violation of this chapter shall also be a civil offense and shall subject the offender to a civil penalty in the amount of fifty dollars ($50) per day that the violation continues. Any person violating this chapter shall be issued a written citation. The penalty shall be paid to the town within seventy-two (72) hours from the time of issuance of the written citation.
(b) Each day's continuing violation shall be a separate and distinct offense.
(c) In addition to the penalties imposed under Subsections 9-3120(a) and (b) above, the provisions of this chapter may also be enforced through equitable remedies issued by a court of competent jurisdiction including injunction and order of abatement.
(d) This chapter may be enforced by any one, all or a combination of the remedies authorized herein. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21; Ord. of 5/2/22)
Section 9-3121 Remedies.
(a) In case any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building or land is used or developed in violation of this chapter or of any development regulation, the Zoning Enforcement Officer or any other appropriate town authority or any person who would be damaged by such violation, in addition to other remedies, may institute an injunction, mandamus, or other appropriate action in proceeding to prevent the violation.
(b) In case any sign shall be installed, erected, or constructed in violation of any of the terms of this chapter, the Zoning Enforcement Officer shall notify by personal notice, registered mail, or electronic delivery the owner or lessee thereof to alter such sign to comply with this chapter and to secure the necessary permit therefor or to remove the sign. If such an order is not complied with within ten (10) days, the Zoning Enforcement Officer shall remove the sign at the expense of the owner or lessee thereof. If such sign should become insecure or in danger of falling, the person maintaining the same shall, upon written notice from the Zoning Enforcement Officer, forthwith, in case of immediate danger, and any case, within ten (10) days, secure it in a manner approved by the Zoning Enforcement Officer. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3126 Establishment of the Planning Board.
(a) A Planning Board is hereby established as provided in G.S. Chapter 160D-301. Said Board shall consist of five (5) regular members and two (2) alternate members appointed by the Town Council for overlapping terms of three (3) years. The appointment of the members shall be as follows: one (1) regular member and one (1) alternate member for a term of three (3) years, two (2) regular members, and one alternate member for a term of two (2) years, and two (2) regular members for a term of one (1) year. Each Planning Board Member shall take an oath of office before starting his or her duties (see G.S. 160D-309).
(b) Alternate members of the Planning Board shall be called on to attend only those meetings and hearings at which one or more regular members are absent or are unable to participate in hearing a case because of financial or other interest. Except at the election of the Chair, Vice-Chair, and Secretary, at no time shall more than five (5) members participate officially in any meeting or hearing. Any vacancies in the membership shall be filled for the unexpired term in the same manner as the initial appointments. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the Board. The members appointed to the Board shall be residents and citizens of the town. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3127 Proceedings and duties of the Planning Board.
The Planning Board shall elect a chair and a vice-chair from its members who shall serve for one (1) year or until re-elected or until their successors are elected. The Board shall appoint a secretary, who may be a municipal officer or an employee of the town. The Planning Board shall adopt rules of procedure following the provisions of G.S. Chapter 160D. Meetings of the Planning Board shall be held once a month or at the call of the Chair. The Planning Board shall keep minutes of its proceedings. All meetings of the Planning Board shall be open to the public. It shall be the duty of the planning board, in general:
(a) To prepare, review, maintain, monitor, and periodically update and recommend to Town Council a comprehensive plan and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.
(b) To facilitate and coordinate citizen engagement and participation in the planning process.
(c) To develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.
(d) To advise the Town Council concerning the implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments as required by G.S. 160D-604.
(e) To exercise any functions in the administration and enforcement of various means for carrying out plans that the governing board may direct.
(f) To provide a preliminary forum for review of quasi-judicial decisions, provided that no part of the forum or recommendation may be used as a basis for the deciding board.
(g) To perform any other related duties that the governing board may direct. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3128 Conflicts of interest.
(a) Members of the Town of Valdese Planning Board shall not vote on any decision regarding a development regulation adopted where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the Planning Board member. An appointed Board member shall not vote on any zoning amendment if the landowner of the property or the applicant is a person with whom the member has a close familial, business, or other associational relationship.
(b) If an objection is raised to a Board member's participation at or before the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the Board shall by majority vote rule on the objection. (Ord. of 6/28/21)
Section 9-3131 Establishment of the Board of Adjustment.
(a) A Board of Adjustment is hereby established as provided in G.S. 160D-302. The Board of Adjustment shall hear and decide quasi-judicial zoning decisions. The Board shall follow quasi-judicial procedures as specified in G.S. 160D-406 when making a decision. The Planning Board shall function as the Board of Adjustment as provided in G.S. 160D-302.
(b) Pursuant to G.S. 160D-406(k), a person or persons, jointly or severally, aggrieved by a decision of the Board, may within thirty (30) days after the filing of the decision in the office of the Town Clerk, but not thereafter, present to the Superior Court of Burke County a petition duly verified, setting forth that such decision is illegal in whole or in part, specifying the grounds of illegality, whereupon such decision of said Board shall be subject to review by certiorari as provided by law. (Ord. of 1/10/05; Ord. of 6/26/06; Ord. of 12/6/10; Ord. of 6/30/14; Ord. of 6/28/21)
Section 9-3132 Jurisdiction and decision of the Board of Adjustment.
(a) The concurring vote of four-fifths (4/5) of the members of the Board of Adjustment shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For this subsection, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
(b) The Board of Adjustment shall determine contested facts and make its decision within a reasonable time. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the Board's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the Chair or other duly authorized member of the Board. A quasi-judicial decision is effective upon filing the written decision with the Clerk to the Board or such other office or official. The decision of the Board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, before the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.
(c) Per G.S. 160D-109(d), all members of the Board of Adjustment shall be subject to the conflict of interest provisions in Section 9-3128. (Ord. of 1/10/05; Ord. of 6/26/06; Ord. of 12/6/10; Ord. of 6/30/14; Ord. of 6/28/21)
Section 9-3133 Proceedings of the Board of Adjustment.
(a) The Board of Adjustment shall elect a chair and a vice-chair from its members who shall serve for one (1) year or until re-elected or until their successors are elected. The Board shall appoint a secretary, who may be a municipal officer or an employee of the town. Each Board of Adjustment member shall take an oath of office before starting his or her duties (see G.S. 160-309).
(b) The Board shall adopt rules of procedure in accordance with the provisions of this chapter and G.S. 160D-406 Quasi-judicial Procedure.
(c) Quasi-judicial procedure.
(1) Process required. The Zoning Board of Adjustment Board shall follow quasi-judicial procedures in determining appeals of administrative decisions, special use permits, variances, or any other quasi-judicial decision.
(2) Notice of hearing. Notice of evidentiary hearings conducted pursuant to this chapter 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; to the owners of all parcels of land adjoining the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by the local development regulation. In the absence of evidence to the contrary, the Town of Valdese may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten (10) days, but not more than twenty-five (25) days, prior to the date of the hearing. Within that same time period, the Town of Valdese shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. The board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the board is not then present, the hearing shall be continued until the next regular Board meeting without further advertisement.
(3) Administrative materials. The administrator or staff to the Board shall transmit to the Board all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the Board prior to the hearing if at the same time they are distributed to the board a copy is also provided to the appellant or applicant and to the landowner if that person is not the appellant or applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the Board at the hearing.
(4) Presentation of evidence. The applicant, the Town of Valdese, and any person who would have standing to appeal the decision under G.S. 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the Board. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the Board. The Board Chair shall rule on any objections, and the Chair's rulings may be appealed to the full Board. These rulings are also subject to judicial review pursuant to G.S. 160D-1402. Objections based on jurisdictional issues may be raised for the first time on judicial review.
(5) Appearance of official new issues. The official who made the decision or the person currently occupying that position, if the decision maker is no longer employed by the Town of Valdese, shall be present at the evidentiary hearing as a witness. The appellant shall not be limited at the hearing to matters stated in a notice of appeal. If any party or the Town of Valdese would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board shall continue the hearing.
(6) Oaths. The Chair of the Board or any member acting as Chair and the Clerk to the Board are authorized to administer oaths to witnesses in any matter coming before the Board. Any person who, while under oath during a proceeding before the Board of Adjustment, willfully swears falsely shall be guilty of a Class 3 misdemeanor and may be fined not more than five hundred dollars ($500.00), or such other maximum amount as shall be authorized by North Carolina General Statutes or specifically established in this code, whichever is less.
(7) Subpoenas. The Board making a quasi-judicial decision under this chapter through the Chair or, in the Chair's absence, anyone acting as Chair may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, the applicant, the Town of Valdese, and any person with standing under G.S. 160D-1402(c) may make a written request to the Chair explaining why it is necessary for certain witnesses or evidence to be compelled. The Chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The Chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the Chair may be immediately appealed to the full Board. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the Board or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties.
(8) Appeals in nature of certiorari. When hearing an appeal pursuant to G.S. 160D-947(e) or any other appeal in the nature of certiorari, the hearing shall be based on the record below, and the scope of review shall be as provided in G.S. 160D-1402(j).
(9) Voting. The concurring vote of four-fifths (4/5) of the Board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For the purposes of this subsection, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter under G.S. 160D-109(d) shall not be considered members of the Board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
(10) Decisions. The Board shall determine contested facts and make its decision within a reasonable time. When hearing an appeal, the Board may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The Board shall have all the powers of the official who made the decision. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing, reflect the Board's determination of contested facts and their application to the applicable standards, and be approved by the Board and signed by the Chair or other duly authorized member of the Board. A quasi-judicial decision is effective upon filing the written decision with the clerk to the Board or such other office or official as the development regulation specifies. The decision of the Board shall be delivered within a reasonable time by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify to the town that proper notice has been made, and the certificate shall be deemed conclusive in the absence of fraud.
(11) Judicial review. Every quasi-judicial decision shall be subject to review by the Superior Court by proceedings in the nature of certiorari pursuant to G.S. 160D-1402. Appeals shall be filed within the times specified in G.S. 160D-1405(d).
(b) Meetings of the Board shall be held once a month or at the call of the Chair. The Board of Adjustment shall keep minutes of its proceedings. All meetings of the Board shall be open to the public. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/30/14; Ord. of 6/28/21; Ord. of 5/2/22)
Section 9-3134 Stay of proceedings.
(a) 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 of adjustment and any subsequent appeal in accordance with G.S. 160D-1402 or during the pendency of any civil proceeding authorized by law or appeals therefrom unless the official who made the decision certifies to the board.
(b) 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 the Town of Valdese may request, and the Board may grant a stay of a final decision of development approval applications, including zoning permits affected by the issue being appealed. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3135 Fees for variances, special use permits and appeals.
A fee, set by the Valdese Town Council through the adoption of a fee schedule, shall be paid to the Town of Valdese, North Carolina, for each application for a variance, special use permit, or appeal to cover the necessary administrative costs and advertising.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3136 Powers and duties of the Board of Adjustment.
The Board of Adjustment shall have the following powers and duties:
(a) The Board shall hear and decide all matters upon which it is required to pass under any statute or development regulation adopted under G.S. Chapter 160D.
(b) Administrative review. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Enforcement Officer in the enforcement of this chapter. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/30/14; Ord. of 6/28/21)
Section 9-3136.1 Variances.
(a) 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 a showing of 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.
(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.
(3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing a property with knowledge that circumstances exist that may justify the granting of a variance is not a self-created hardship.
(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.
(b) No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. Any other development regulation that regulates land use or development may provide for variances from the provisions of those ordinances consistent with the provisions of this subsection. (Ord. of 6/28/21)
Section 9-3137 Conflicts of interest.
(a) Members of the Board of Adjustment shall not vote on any appeal or variance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed Board member shall not vote on any appeal or variance if the landowner of the property or the applicant is a person with whom the member has a close familial, business, or other associational relationship.
(b) Quasi-judicial decisions. A member of the Board of Adjustment exercising quasi-judicial functions according to this chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision-maker. Impermissible violations of the due process include, but are not limited to, a member having a fixed opinion before hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or financial interest in the outcome of the matter.
(c) Resolution of objection. If an objection is raised to a board member's participation at or before the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection. (Ord. of 6/28/21)
Section 9-3138 Appeals from the Board of Adjustment.
Any person or persons, jointly or severally, aggrieved by a decision of the Board, may within thirty (30) days after the filing of the decision in the office of the Town Clerk, but not thereafter, present to the Superior Court of Burke County a petition duly verified, setting forth that such decision is illegal in whole or in part, specifying the grounds of illegality, whereupon such decision of said Board shall be subject to review by certiorari as provided by law. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3141 Procedure for amendments.
The Town Council may amend, supplement or change the text regulations and zoning district lines according to the following procedures:
(a) Initiation of amendments. Proposed changes or amendments may be initiated by the Town Council, Planning Board, Board of Adjustment, or by one or more owners or lessees of property within the area proposed to be changed or affected.
(b) Downsizing. 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 Town of Valdese. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways:
(1) By decreasing the development density of the land to be less dense than was allowed under its previous usage.
(2) 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) Petition. A petition for any change or amendment shall contain a description and/or statement of the present and proposed zoning regulation or district boundary to be applied and the names and addresses of the owner or owners of the property. Such petition shall be filed with the Zoning Enforcement Officer not later than three (3) weeks before the meeting at which the petition is to be considered.
(d) Fee. A fee, set by the Town Council, shall be paid to the Town Clerk of the Town, North Carolina, for each petition for an amendment to cover the costs of advertising and other administrative expenses involved. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3142 Action by the Planning Board.
The Planning Board shall consider and make recommendations to the Town Council concerning each proposed zoning amendment. The Planning Board, at its discretion, may hold a public hearing if deemed necessary by the Planning Board. Otherwise, the Planning Board will send its recommendation directly to the Town Council, who shall hold a public hearing for every proposed zoning amendment. The recommendation to Town Council shall include a written statement that evaluates whether the amendment is consistent with the Town of Valdese's Land Use Action Plan and any other adopted plan that exist and is applicable. (Ord. of 1/10/05; Ord. of 6/26/06; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3143 Town Council consideration.
The Town Council shall consider changes and amendments to this chapter as often as necessary, provided, however, that should the Town Council deny a request for a zoning amendment, it shall not thereafter accept any other petition for the same change of zoning district affecting the same property, or any portion thereof, until the expiration of one (1) year from the date of such previous denial. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3144 Required notifications.
(a) Legal notice of public hearing. No amendment shall be adopted by the Town Council until after public notice and hearing. Under G.S. 160D-601, notice of public hearing shall be published in a newspaper of general circulation in the Town at least once each week for two (2) successive weeks before the hearing. The first notice shall appear in the newspaper not less than ten (10) days or more than twenty-five (25) days before the scheduled date of the hearing. In computing, this notice period, the day of publication is not to count, but the day of the hearing shall be included.
(b) Mail notice requirements. Under G.S. 160D-602, whenever the amendment involves a change in the zoning classification of a parcel of land, the owner of that parcel of land, as shown on the county tax listing, and the owners of all parcels of land adjoining, even if separated by a street, railroad, or other transportation corridors, shall be mailed a notice of the proposed reclassification and a notice of the public hearing required in Section 9-3144. Such notice shall be sent by first-class mail to the last address listed for such owners on the county tax listing. The person responsible for making the mailed notice shall certify to the Town Council that such notice was indeed prepared and mailed.
(c) Under G.S. 160D-602(c), whenever an amendment involves a change in the zoning classification of a parcel of land, the town shall prominently post a notice of the public hearing in the site proposed for rezoning or on an adjacent right-of-way. When multiple parcels are included within a proposed zoning map amendment, the town shall post sufficient notices to provide reasonable notice to interested persons.
(d) Substitute Notice.
(1) Under G.S. 160D-602(b), individual mailed notices may be waived instead of a substitute notice if the Zoning Map amendment involves more than fifty (50) properties owned by a total of at least fifty (50) different owners;
(2) The public hearing notice shall be published following G.S. 160D-60, provided the advertisement is no less than one-half a page;
(e) The town must notify by first-class mail any property owner who resides outside the circulation area of the newspaper in which the notice is published. The notice must be mailed to the last address listed for such owners on the most recent county tax listing. Absent evidence to the contrary, the Town of Valdese may rely on the county tax records to determine who is a landowner. (Ord. of 1/10/05; Ord. of 6/26/06; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3145 Town Council action.
(a) Before taking such lawful action as it may deem advisable, the Town Council shall consider the Planning Board's recommendations on each proposed zoning amendment. If no recommendations are received from the Planning Board within thirty (30) days after their meeting, the proposed amendment shall be deemed to have been approved by the Planning Board.
(b) Before adopting or rejecting any zoning amendment, Town Council shall adopt a statement describing whether its action is consistent with the adopted land use plan and explaining why the Council considers its action to be reasonable and in the public interest (see G.S. 160D-605).
(c) If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required.
(d) A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the governing board 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 action taken.
(e) Additional reasonableness statement for rezoning. 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 Town 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 is taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.
(f) Single statement permissible. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
(g) Per G.S. 160D-109, Town Council members shall not vote on any matter being considered where there is a likelihood of a direct, substantial, and readily identifiable financial impact on the member. Also, a council member shall not vote on any amendment if the landowner of the rezoning petition or the applicant for a text amendment is a person with whom the council member has a close family, business, or other associational relationship. If an objection is raised to a board member's participation at or before the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the council shall by majority vote rule on the objection.
(h) Under no circumstances shall the Town Council adopt such amendments that would cause this chapter to violate the watershed protection rules as adopted by the North Carolina Environmental Management Commission. Amendments affecting the watershed protection portions of this chapter shall be filed with the North Carolina Division of Environmental Management, the North Carolina Division of Environmental Health, and the North Carolina Division of Community Assistance. (Ord. of 1/10/05; Ord. of 6/26/06; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3146 Protest petitions.
Appeals of administrative decisions under G.S. 160D-405 shall be made to the Board of Adjustment. Appeals of decisions according to erosion and sedimentation control regulations, stormwater control, or housing code provisions shall not be made to the Board of Adjustment.
(a) The property owners or signers have thirty (30) days from receipt of the written notice of the determination to file an appeal. The property owner or signer shall receive the written notice of determination no later than the third business day following the deposit with the United States Postal Service.
(b) Staff shall transmit (written or electronic) to the Board all documents and exhibits that constitute the record for the matter being considered.
(c) An appeal of enforcement actions stays all enforcement actions, including fines, during the appeal process.
(d) The Board of Adjustment shall meet to hear the appeal within fifteen (15) days following the filing of the appeal.
(e) The appeal shall not apply to any amendment, which initially zones a property added to the territorial coverage because of annexation or other means. (Ord. of 6/28/21)
Section 9-3146.1 Appeals to Superior Court.
Pursuant to G.S. 160D-1401, appeals against any change in or amendment to the Zoning Ordinance or Zoning Map may be filed in Superior Court. (Ord. of 6/28/21)
Section 9-3147 Special use permits.
(a) Special uses. The Town Council shall grant in particular cases and subject to the principles, procedures, conditions, and safeguards, permits for special uses in regulations and set forth as special uses under the various use districts. The Town of Valdese Town Council shall not grant a special use permit unless and until:
(1) A written application for a special use permit is submitted to the Planning Director indicating the section of this chapter under which the special use permit is sought. For the purposes of this article, no application shall be considered to have been submitted until it is complete.
(2) Public hearings shall be conducted using the procedures described in Section 9-3144.
(3) The Town Council finds that in the particular case in question, the use for which the special use permit is sought will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use and will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood. In granting such a permit, the Town Council may designate such conditions in connection therewith as will, in its opinion, in written form for the applicant's or landowner's consent to assure that the proposed use will conform to the requirements and spirit of this chapter.
(4) Town Council does not have the authority to impose conditions and safeguards for which council does not authorize under the statute to regulate or which courts have held to be unenforceable.
(5) If, at any time after a special use permit has been issued, the Town Council finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a special use permit, the permit shall be terminated and the operation of such a use discontinued. If a special use permit is terminated for any reason, it may be reinstated only after a public hearing is held.
(b) When deciding special use permits, the Town Council shall follow quasi-judicial procedures. No vote greater than a majority vote shall be required for the Council to issue such permits. For the purposes of this section, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered "members of the Board" for calculation of the requisite majority. Every such decision of the Council shall be subject to review of the superior court like certiorari consistent with G.S. 160D-406. (Ord. of 6/28/21)
Section 9-3148 Moratoria.
(a) Town Council may adopt temporary moratoria on any development approval required by law, except to develop and adopt new or amended plans or development regulations governing residential uses. The duration of any moratorium shall be reasonable in light of the specific conditions that warrant the imposition of the moratorium and may not exceed the period necessary to correct, modify, or resolve such conditions.
(b) Except in cases of an imminent and substantial threat to public health or safety, before adopting a development regulation imposing a sixty (60) day or shorter moratorium, Town Council shall hold a legislative hearing and shall publish a notice of the hearing in a newspaper having general circulation in the area not less than seven days before the date set for the hearing. A moratorium sixty-one (61) days or longer, or any extension of a moratorium so that the total duration is sixty-one (61) days or longer, is subject to the notice and hearing requirements of G.S. 160D-601.
(c) Absent of an imminent threat to public health or safety, a moratorium does not apply to any project for which a valid building permit, to any project for which a special use permit application has been accepted as complete, to development outlined in an approved site-specific vesting plan, to development for which substantial expenditures have already been made in good-faith reliance on a prior valid development approval, or to preliminary or final subdivision plats that have been accepted for review by Town Council before the call for a hearing to adopt the moratorium.
(d) Any preliminary subdivision plat accepted for review by the Town of Valdese Town Council before the call for a hearing, if subsequently approved, shall be allowed to proceed to final plat approval without being subject to the moratorium. Notwithstanding the foregoing, if a complete application for development approval has been submitted before the effective date of a moratorium, G.S. 160D-108(b) applies when permit processing resumes.
(e) Any development regulation establishing a development moratorium must include, at the time of adoption, each of the following:
(1) A statement of the problems or conditions necessitating the moratorium and what courses of action, an alternative to a moratorium, were considered by the Town of Valdese and why those alternative courses of action were not deemed adequate.
(2) A statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to the imposition of the moratorium.
(3) A date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to the imposition of the moratorium.
(4) A statement of the actions, and the schedule for those actions, proposed to be taken by the Town of Valdese during the duration of the moratorium to address the problems or conditions leading to the imposition of the moratorium.
(f) No moratorium may be subsequently renewed or extended for any additional period unless the Town of Valdese has taken all reasonable and feasible steps proposed to be taken in its ordinance establishing the moratorium to address the problems or conditions leading to the imposition of the moratorium and unless new facts and conditions warrant an extension.
(g) Any ordinance renewing or extending a development moratorium must include, at the time of adoption, the findings outlined in subdivisions (1) through (4) of subsection (d) of this section, including what new facts or conditions warrant the extension.
(h) Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply to the General Court of Justice for an order enjoining the enforcement of the moratorium. Actions brought under this section shall be scheduled for an expedited hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In such actions, the Town of Valdese has the burden of showing compliance with the procedural requirements of this subsection. (Ord. of 6/28/21)
Section 9-3151 Authority and enactment.
The Town of Valdese is authorized to exercise the powers conferred by G.S. Chapter 160A, Article 8 to adopt and enforce local environmental ordinances to the extent necessary to comply with state and federal law, rules, regulations or permits consistent with the interpretations and directions of the state or federal agency. Environmental regulations are not subject to the variance provisions of G.S. 160D-705 unless that is specifically authorized by the local ordinance. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3152 Jurisdiction.
The provisions of this chapter shall apply within the overlay zones designated as a Public Water Supply Watershed as defined and established on the "Official Zoning Map of the Town of Valdese, North Carolina" ("the Zoning Map"), such overlay zones being adopted simultaneously herewith. The Zoning Map and all explanatory matter contained thereon accompany and are hereby made a part of this article. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3153 Exceptions to applicability.
(a) Development activities that do not require a sedimentation/erosion control plan are exempt from the requirements of this article.
(b) Existing development, as defined is not subject to the requirements of this article.
(c) Expansions to structures classified as existing development must meet the requirements of this chapter; however, the built-upon area of the existing development is not required to be included in the density calculations.
(d) Reconstruction of buildings or built-upon areas. Any existing building or built-upon area not in conformance with the restrictions of this chapter that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single-family residential redevelopment, provided:
(1) Repair or reconstruction is initiated within twelve (12) months and completed within two (2) years of such damage.
(2) The total amount of space devoted to the build-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided.
(e) If a non-conforming lot of record is not contiguous to any other lot owned by the same party, then that lot of record shall not be subject to the development restrictions of this chapter if it is developed for single-family purposes (and zoned for this use).
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3154 Cluster or planned unit development.
Cluster or planned unit development is allowed in all watershed areas under the following conditions:
(a) Development activities shall comply with the respective requirements of Article D and Article I of this chapter.
(b) All built-upon areas shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize the concentrated stormwater flow.
(c) The remainder of the tract shall remain in a vegetated or natural state. The title to the open space area shall be conveyed to an incorporated homeowner's association for management; to the Town of Valdese for preservation as a park or open space; or to a conservation organization for preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement shall be filed with the deeds.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3155 Buffer areas required.
(a) A minimum one hundred (100) foot vegetative buffer is required for all new development activities that exceed the low-density option; otherwise, a minimum thirty (30) foot vegetative buffer for development activities in the protected area is required along all perennial waters, and a minimum fifty (50) foot vegetative buffer for development activities in the critical area is required along all perennial waters indicated in the most recent versions of USGS 1:24,000 (7.5 minutes) scale topographic maps or as determined by local studies. Artificial stream bank stabilization is permitted.
(b) No new development is allowed in the buffer except for water-dependent structures and public projects such as road crossings and greenways and their appurtenances where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters, and maximize the utilization of stormwater best management practices. (Ord. of 1/10/05; Ord. of 1/8/07; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3156 Watershed Administrator and duties thereof.
The Watershed Administrator shall be the same as the Zoning Enforcement Officer as described in this chapter. It shall be the duty of the Watershed Administrator to administer and enforce the provisions of this article as follows:
(a) The Watershed Administrator shall issue zoning permits and certificates of occupancy as provided in this chapter. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours of the Administrator.
(b) The Watershed Administrator shall serve as staff to the Planning Board, Board of Adjustment, and Town Council.
(c) The Watershed Administrator shall keep records of all amendments to the local Water Supply Watershed Protection chapter and shall provide copies of all amendments upon adoption to the Division of Water Quality.
(d) The Watershed Administrator is granted the authority to administer and enforce the provisions of this article, exercising in the fulfillment of his responsibility the full zoning and police power of the town. The Watershed Administrator, or his duly authorized representative, may enter any building, structure, or premises, as provided by law, to perform any duty imposed upon him by this article.
(e) The Watershed Administrator shall keep a record of variances to the local Water Supply Watershed Protection Chapter. This record shall be submitted each calendar year to the Division of Water Quality on or before January 1 of the following calendar year and shall describe each project receiving a variance and the reasons for granting the variance. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3157 Appeal from the Watershed Administrator.
(a) Any order, requirement, decision, or determination made by the Watershed Administrator may be appealed to and decided by the Board of Adjustment.
(b) An appeal from a decision of the Watershed Administrator must be submitted to the Board of Adjustment within thirty (30) days from the date the order, interpretation, decision, or determination is made. All appeals must be made in writing, stating the reasons for the appeal. Following submission of an appeal, the Watershed Administrator shall transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(c) An appeal stays all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him that because of facts stated in the certificate, a stay would in his opinion cause
imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on the application of notice of the officer from whom the appeal is taken and upon due cause shown.
(d) The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by an agent, or by an attorney. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3158 Establishment of a Watershed Review Board.
There shall be and hereby is created the Watershed Review Board consisting of the same membership as the Town of Valdese Town Council. Terms for members of the Watershed Review Board shall coincide with the membership terms for the Town Council. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3159 Powers and duties of the Watershed Review Board and Board of Adjustment.
(a) The Board of Adjustment shall be responsible for reviewing and hearing all major and minor watershed variance cases and shall proceed as provided in Article XI of this chapter for zoning variances when reviewing all watershed variance cases.
(b) If the application calls for the granting of a major watershed variance, and if the Board of Adjustment decides in favor of granting the major watershed variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:
(1) The variance applications;
(2) The hearing notices;
(3) The evidence presented;
(4) Motions offer of proof, objections to evidence, and rulings on them;
(5) Proposed findings and exceptions;
(6) The proposed decision, including all conditions proposed to be added to the permit.
(c) The preliminary record shall be sent to the Environmental Management Commission (EMC) for its review as follows:
(1) If the EMC concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted; and (2) the variance, if granted, will not result in a serious threat to the water supply, then the EMC shall approve the variance as proposed or approve the proposed variance with conditions and stipulations. The EMC shall prepare a decision and send it to the Board of Adjustment. If the EMC approves the variance as proposed, the Board of Adjustment shall prepare a final decision granting the proposed variance. If the EMC approves the variance with conditions and stipulations, the Board of Adjustment shall prepare a final decision, including such conditions and stipulations, granting the proposed variance.
(2) If the EMC concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure a reasonable return from or make practical use of the property without the variance or (2) the variance if granted, will result in a serious threat to the water supply, then the EMC shall deny approval of the variance as proposed. The EMC shall prepare a commission decision and send it to the Board of Adjustment. The Board of Adjustment shall prepare a final decision denying the variance as proposed.
(d) Written notification shall be given to local governments having jurisdiction and any entity using the water supply for consumption where a variance is being considered. The Town of Valdese and entity shall have a reasonable comment period before review by the Board of Adjustment.
(e) Approval of all development with densities greater than that specified in Article E of this chapter shall be the authority of the Town Council/Watershed Review Board. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3160 Appeals from the Town Council or Board of Adjustment.
Appeals from the Town Council or Board of Adjustment must be filed with the Superior Court within thirty (30) days from the date of the decision. The decisions by the Superior Court will be in the manner of certiorari. (Ord. of 1/10/05; Ord. of 12/6/1; Ord. of 6/28/21)
Section 9-3161 High density development standards.
The Town Council may approve high-density development proposals consistent with the following standards:
(a) WS-IV-Critical Areas. Where new development requires a sedimentation/erosion control plan and exceeds either two (2) dwelling units per acre or twenty- four percent (24%) built-upon area, engineered stormwater controls shall be used to control runoff from the first inch of rainfall, and development shall not exceed 50% built-upon area.
(b) WS-IV-Protected Areas. Where new development requires a sedimentation/erosion control plan and exceeds either two (2) dwelling units per acre, or twenty-four percent (24%) built-upon area (or three (3) dwelling units per acre or thirty-six percent (36%) built-upon area for projects without curb and gutter
street system), engineered stormwater controls shall be used to control runoff from the first inch of rainfall and development shall not exceed seventy percent (70%) built-upon area. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3162 High density development permit application.
(a) A high-density development permit shall be required for new development exceeding the density requirements specified in Article E of this chapter.
(b) Application for a high-density development permit shall be addressed and submitted to the Town Council through the Watershed Administrator. Application for a high-density development permit shall be made on the proper form and shall include the following information:
(1) A completed high-density development permit application signed by the owner of the property. The signature of the consulting engineer or another agent will be accepted on the application only if accompanied by a letter of authorization;
(2) Ten (10) reproducible copies of the development plan, including detailed information concerning built-upon area;
(3) Ten (10) reproducible copies of the plans and specifications of the stormwater control structure consistent with Section 9-3163;
(4) When required by law, written verification that soil erosion and sedimentation control plan has been approved by the appropriate State or local agency;
(5) Permit application fees consistent with Section 9-3165.
(c) Before taking final action on any application, the Board or the Watershed Administrator may provide an opportunity to public agencies affected by the development proposal to review and make recommendations on the application. However, failure of the agencies to submit their comments and recommendations shall not delay the Board's action within the prescribed time limit.
(d) Public hearing. Upon receipt of a completed application, the Town Council shall hold a public hearing. Notice of the hearing shall be published in a newspaper of general circulation at least seven days prior to the date of the hearing. The notice shall state the location of the building, lot, or tract in question, the intended use of the property, the need for engineered stormwater controls, and the time and place of the hearing. At the hearing, the applicant or designated representative thereof shall appear for offering testimony and recommendations concerning the application. The Board shall also allow reasonable time for the expression of views by any member of the public attending the meeting in person or represented by an attorney, provided the testimony bears on the findings the Board must make.
(e) The Town Council shall issue a high-density development permit within sixty-five (65) days of its first consideration upon finding that the proposal is consistent with the applicable standards outlined in the Watershed Protection chapter and the following conditions are met:
(1) The use will not endanger the public health or safety if located were proposed and developed according to the plan as submitted and approved.
(2) The use minimizes impacts to water quality through the best management practices, cluster development, and/or maximum setbacks from perennial waters.
(3) The use is vital to the continued growth and economic development of the Town of Valdese.
(4) The use is consistent with the officially adopted land development plans for the town.
(5) If the Town Council finds that any one of the above conditions is not met, the Board shall deny the application.
(f) In addition to any other requirements provided by this chapter, the Board may designate additional permit conditions and requirements to assure that the use will be harmonious with the area in which it is proposed to be located and with the spirit of this chapter. All additional conditions shall be entered in the minutes of the meeting, at which the permit is granted, on all plans, and the permit certificate. All conditions so imposed shall run with the land and shall be binding upon the applicant and the applicant's heirs, successors, or assigns during the continuation of the permitted use.
(g) The Board shall issue a written ruling and make copies available at the office of the Watershed Administrator and the Town Clerk. If the Board approves the application based on its findings, such approval shall be indicated on the permit and all copies of the site plan and all copies of the plans and specifications of the stormwater control structure(s). A high-density development permit shall be issued after the applicant posts a performance bond or other acceptable security as required in Section 9-3164(b)(1) and executes an operation and maintenance agreement as required in Section 9-3164(c). A copy of the permit and one copy of each set of plans shall be kept on file at the Watershed Administrator's office. The original permit and one copy of each set of plans shall be delivered to the applicant either by personal service or registered mail, return receipt requested. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3163 Stormwater control structures.
(a) All stormwater control structures shall be designed by a North Carolina registered professional engineer.
(b) All stormwater controls shall use wet detention ponds as a primary treatment system unless alternative stormwater management measures, as outlined in Section 9-3163(g) are used. Wet detention ponds shall be designed for specific pollutant removal according to modeling techniques approved by the North Carolina Division of Environmental Management. Specific requirements for these systems shall be by the following design criteria:
(1) Wet detention ponds shall be designed to remove eighty-five percent (85%) of total suspended solids in the permanent pool and storage run-off from a one-inch rainfall from the site above the permanent pool;
(2) The designed run-off storage volume shall be above the permanent pool;
(3) The discharge rate from these systems following the one-inch rainfall design storm shall be such that the run-off does not draw down to the permanent pool level in less than two (2) days and that the pond is drawn down to the permanent pool level within at least five (5) days;
(4) The mean permanent pool depth shall be a minimum of three (3) feet;
(5) The inlet structure shall be designed to minimize turbulence using baffles or other appropriate design features;
(6) Vegetative filters shall be constructed for the overflow and discharge of all stormwater wet detention ponds and shall be at least thirty feet in length. The slope and width of the vegetative filter shall be determined to provide a non-erosive velocity of flow through the filter for a ten-year, twenty-four (24) hour storm with a ten-year, one-hour intensity with a slope of five percent (5%) or less. Vegetation in the filter shall be natural vegetation, grasses, or artificially planted wetland vegetation appropriate for the site characteristics; and
(7) All stormwater control structures shall be enclosed by a fence with a minimum height of six (6) feet.
(c) In addition to the vegetative filters required in Section 9-3163(b)(6), all land areas outside of the pond shall be provided with a ground cover sufficient to restrain erosion within thirty (30) days after any land disturbance. Upon completion of the stormwater control structure, a permanent ground cover shall be established and maintained as part of the maintenance agreement described in Section 9-3164(c).
(d) An easement in the property containing the stormwater control structure allowing the Town to perform inspections, maintenance, repairs, reconstruction, and any other acts which may be required for the Town to carry out the provisions of this Article, along with any easements necessary for general access to the stormwater control structure, shall be prepared consistent with Section 9-3167(a) and (b) and recorded in the office of the Register of Deeds of Burke County. The area in which this easement is granted shall include the detention pond, vegetative filters, all pipes and water control structures, berms, dikes, etc., and sufficient area to perform inspections, maintenance, repairs, and reconstruction.
(e) Qualifying areas of the stormwater control structure may be considered pervious when computing total built-upon area. However, if the structure is used to compute the percentage built-upon area for one site, it shall not be used to compute the built-upon area for any other site or area. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3164 Posting of financial security required.
(a) All new stormwater control structures shall be conditioned on the posting of adequate financial assurance for maintenance, reconstruction, or repairs necessary for the adequate performance of the stormwater control structures.
(b) Financial assurance shall be in the form of the following:
(1) Security performance bond or other security. The permit applicant shall obtain either a performance bond from a surety bonding company authorized to do business in North Carolina, an irrevocable letter of credit, or another instrument readily convertible into cash at face value payable to the town or placed in escrow with a financial institution designated as an official depository of the town. The bond or other instrument shall be in an amount equal to one and one-quarter (1.25) times the total cost of the stormwater control structure, as estimated by the applicant and approved by the town. The total cost of the stormwater control structure shall include the value of all materials such as piping and other structures; seeding and soil stabilization; design and engineering; and grading, excavation, fill, etc. The costs shall not be prorated as part of a larger project but rather under the assumption of an independent mobilization.
(2) Cash or equivalent security deposited after the release of the performance bond. Consistent with Section 9-3167(C) (1), the permit applicant shall deposit with the town either cash or another instrument approved by the Town Attorney that is readily convertible into cash at face value. The cash or security shall be in an amount equal to fifteen percent (15%) of the total cost of the stormwater control structure or the estimated cost of maintaining the stormwater control structure over a ten (10) year period, whichever is greater. The estimated cost of maintaining the stormwater control structure shall be consistent with the approved operation and maintenance plan or manual provided by the developer under Section 9-3165(a).
(c) Consistent with Section 9-3162, the permit applicant shall enter into a binding operation and maintenance agreement between the town and all interests in the development. Said agreement shall require the owning entity to maintain, repair, and, if necessary, reconstruct the stormwater control structure following the operation and management plan or manual provided by the developer. The operation and maintenance agreement shall be filed with the County Register of Deeds by the Watershed Administrator.
(d) Default under the performance bond or other security.
(1) Upon default of the permit applicant to complete and/or maintain the stormwater control structure as specifically provided in the performance bond or other security, the town may obtain and use all or any portion of the funds necessary to complete the improvements based on an engineering estimate. The town shall return any funds not spent in completing the improvements to the owning entity.
(2) Default under the cash security. Upon default of the owning entity to maintain repair and, if necessary, reconstruct the stormwater control structure following the operation and maintenance agreement, the town shall obtain and use all or any portion of the cash security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after exhausting all other reasonable remedies seeking the owning entity to comply with the terms and conditions of the operation and maintenance agreement. The town shall not return any of the deposited cash funds. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3165 Maintenance and upkeep.
(a) An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure, indicating what operation and maintenance actions are needed, what specific quantitative criteria will be used for determining when those actions are to be taken and, consistent with the Operation and maintenance agreement, who is responsible for those actions. The plan shall indicate the steps that will be taken for restoring a stormwater control structure to design specifications if a failure occurs.
(b) Landscaping and grounds management shall be the responsibility of the owning entity. However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened or to the extent of interfering with any easement to the stormwater control structure.
(c) Except for general landscaping and grounds management, the owning entity shall notify the Watershed Administrator before any repair or reconstruction of the stormwater control structure. All improvements shall be made consistent with the approved plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the Town Engineer shall inspect the completed improvements and shall inform the owning entity of any required additions, changes, or modifications and of the period to complete said improvements.
(d) Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual shall be approved by the Town Council. Proposed changes shall be prepared by a North Carolina registered professional engineer and submitted to and reviewed by the Watershed Administrator before consideration by the Town Council.
(1) If the Town Council approves the proposed changes, the owning entity of the stormwater control structure shall file sealed copies of the revisions with the Office of the Watershed Administrator.
(2) If the Town Council disapproves of the changes, the proposal may be revised and resubmitted to the Town Council as a new proposal. If the proposal has not been revised and is essentially the same as that already reviewed, it shall be returned to the applicant.
(e) If the Town Council finds that the operation and maintenance plan or manual is inadequate for any reason, the Board shall notify the owning entity of any required changes and shall prepare and file copies of the revised agreement with the County Register of Deeds, the Office of the Watershed Administrator, and the owning entity. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3166 Application and inspection fees.
(a) Processing and inspection fees shall be submitted in the form of a check or money order made payable to the town. Applications shall be returned if not accompanied by the required fee.
(b) A permit and inspection fee schedule, as approved by the town, shall be posted in the Office of the Watershed Administrator.
(c) Inspection fees shall be valid for sixty (60) days. An inspection fee shall be required when improvements are made to the stormwater control structure consistent with Section 9-3165(c), except in the case when a similar fee has been paid within the last sixty (60) days. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3167 Inspections and release of the performance bond.
(a) The stormwater control structure shall be inspected by the town after the owning entity notifies the Watershed Administrator that all work has been completed. At this inspection, the owning entity shall provide:
(1) The survey plat showing the stormwater control structure and related easement(s), and the signed easement(s) ready for filing with the Burke County Register of Deeds;
(2) A certification sealed by an engineer or landscape architect (to the extent that General Statutes allow) stating that the stormwater control structure is complete and consistent with the approved plans and specifications.
(b) The Watershed Administrator shall present the materials submitted by the developer and the inspection report and recommendations to the Town of Valdese Town Council at its next regularly scheduled meeting.
(1) If the Town Council approves the inspection report and accepts the certification and deed of easement, the town shall file the easement with the Burke County Register of Deeds, release up to seventy-five percent (75%) of the value of the performance bond or other security and direct the Burke County Buildings Inspections Department to issue a certificate of occupancy for the stormwater control structure.
(2) If deficiencies are found, the town shall direct that improvements and inspections are made and documents corrected and submitted to the town.
(c) No sooner than one year after the date of filing of the deed of easement and maintenance agreement, the developer may petition the town to release the remaining value of the performance bond or other security. Upon receipt of said petition, the town shall inspect the stormwater control structure to determine whether the controls are performing as designed and intended. The Watershed Administrator shall present the petition and findings to the Town Council.
(1) If the Town Council approve the report and accepts the petition, the developer shall deposit with the town a cash amount equal to that described in Section 9-3164(b)(2), after which the Town Council shall release the performance bond or other security.
(2) If the Town Council does not accept the report and rejects the petition, the town shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release of the performance bond or other security.
(d) A certificate of occupancy from the Burke County Buildings Inspections Department shall not be issued for any building within the permitted development until the Town Council has approved the stormwater control structure, as provided in Section 9-3167(b).
(e) All stormwater control structures shall be inspected at least on an annual basis to determine whether the controls are performing as designed and intended. Records of inspection shall be maintained on forms approved or supplied by the North Carolina Division of Environmental Management. Annual inspections shall begin within one year of the filing date of the deed for the stormwater control structure.
(f) In the event the Watershed Administrator discovers the need for corrective action or improvements, the Watershed Administrator shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed. All improvements shall be made consistent with the plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the town shall inspect and approve the completed improvements. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3168 Remedies.
(a) If any subdivision, development, and/or land use is found to violate this article, the town may, in addition to all other remedies available either in law or in equity, institute a civil penalty of fifty dollars ($50), institute actions or proceedings to restrain, correct, or abate the violations; to prevent the occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises. In addition, N.C. Environmental Management Commission may assess civil penalties under G.S. 143-215.6(a). Each day the violation continues shall constitute a separate offense.
(b) If the Watershed Administrator finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of the illegal use of land, buildings, or structures; removal of illegal buildings or structures, or additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. If a ruling of the Watershed Administrator is questioned, the aggrieved party or parties may appeal such ruling to the Board of Adjustment. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3169 Sanctions.
Besides to the remedies described in Section 9-3168 of this chapter, and consistent with G.S. Article 4, Chapter 160D, the Town of Valdese Town Council may seek enforcement of this chapter by assessing a civil penalty to be recovered by the town in a civil action like debt if the offender does not pay the penalty in a prescribed period after being cited for violation of the chapter. Such violation may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. The court may issue an injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the rules of Civil Procedure in general and Rule 65 in particular. Suppose the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court. In that case, the defendant may be cited for contempt, and the town may execute the order of abatement. The town shall have a lien on the property for the cost of executing an order of abatements like a mechanic's and material man's lien. The defendant may secure the cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the Clerk of Superior Court in an amount approved by the judge before whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith. Enforcement of this chapter may be by any one, all, or a combination of the remedies authorized in this chapter. Each day's continuing violation shall be a separate and distinct offense. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3170 Penalties.
Any person found guilty of violating any provisions of this article shall be subject to a civil penalty in the amount of fifty dollars ($50.00) per day for each day the violation continues, to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ten (10) days after he or she has been cited for the violations. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21; Ord. of 5/2/22)
Section 9-3181 Conflict with other regulations.
(a) Whenever the regulations of this chapter require a greater width or size of yards, or other open space, or require a lower height of buildings, or require a greater percentage of a lot to be left unoccupied, or impose other more restrictive standards than are required in or under any other statutes, the regulations and requirements of G.S. Chapter 160D shall govern.
(b) Whenever the provisions of any other statute require more restrictive standards than are required by this Chapter, the provisions of such statute shall govern.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3182 Repeal of existing zoning ordinance.
All zoning chapters or parts of same now in effect in the town are hereby repealed; provided, however, that all suits at law or in equity and/or all prosecutions resulting from the violation of any zoning chapter heretofore in effect, which are now pending in any of the courts of this state or of the United States, shall not be abated or abandoned because of the adoption of this chapter but shall be prosecuted to their finality the same as if this chapter had not been adopted; any violations of existing zoning chapters, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this chapter shall be so construed as to abandon, abate, or dismiss any litigation or prosecution now pending, and/or which may have heretofore been instituted or prosecuted. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3183 Validity.
Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3195 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
(a) Alternative tower structure. Clock towers, sculptures, bell steeples, light poles, and similar alternative-design mounting structures that conceal the presence of antennas or towers and are architecturally compatible with the area.
(b) Collocation. The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, city utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term does not include the installation of new utility poles, city utility poles, or wireless support structures.
(c) Eligible facilities request. A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.
(d) Pre-existing towers and antennas. Any tower or antenna on which a permit has been properly issued before the effective date of this chapter.
(e) Small wireless facility. A wireless facility that meets the following qualifications:
(1) Each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than six (6) cubic feet.
(2) All other wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight (28) cubic feet. For the purposes of this subsection, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, and cut-off switches, vertical cable runs for the connection of power and other services, or other support structures.
(f) Substantial modification. The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. The burden is on the town to demonstrate that a mounting that does not meet the listed criteria constitutes a substantial change to the physical dimensions of the wireless support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the following criteria:
(1) Increasing the existing vertical height of the structure by the greater of (i) more than ten percent (10%); or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet.
(2) Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than twenty (20) feet; or (ii) more than the width of the wireless support structure at the level of the appurtenance.
(3) Increasing the square footage of the existing equipment compound by more than two thousand, five hundred (2,500) square feet.
(g) Telecommunications tower. Any structure that is designed and constructed primarily to support one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, personal communications service towers (PCS), microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. This definition does not include any structure erected solely for residential, non-commercial individual use, such as television antennas, satellite dishes, or amateur radio antennas. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3196 General guidelines and requirements.
General guidelines and requirements:
(a) Purpose; goals. The purpose of this chapter is to establish general guidelines for the sighting of towers and antennas. The goals of this chapter are to (i) encourage the location of towers in non-residential/non-historical areas and, minimize the total number of towers throughout the community; (ii) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; (iii) encourage strongly the joint use of new and existing tower sites; (iv) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; and (v) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas.
(b) Principal use. Telecommunication towers shall be considered principal uses. Alternative tower structures may be considered principal or accessory uses. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot size and coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3197 Administrative approved uses.
(a) The following uses may be approved by the Zoning Administrator after conducting an administrative review:
(1) Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, utility pole, or other free-standing, non-residential structure) in any zoning district that is more than fifty (50) feet in height, so long as such addition does not add more than twenty (20) feet to the height of the existing structure or increase the height of the structure by more than ten percent (10%), whichever is greater;
(2) Installing an antenna on an existing non-residential structure other than a tower (such as a building, sign, light pole, water tower, utility pole, or other free-standing, non-residential structure) in any commercial or industrial zoning district that is less than fifty (50) feet in height so long as such addition does not add more than twenty (20) feet to the height of the existing structure or increase the height of the structure by more than ten percent (10%), whichever is greater;
(3) Installing an antenna on an existing tower of any height, including a pre-existing tower, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty (20) feet to the height of said existing tower or increase the height of the structure by more than ten percent (10%), whichever is greater;
(4) Locating any alternative tower structure in any zoning district if, in the judgment of the Zoning Administrator, it conforms with the goals outlined in Section 9-3196.1 of this chapter;
(5) Replacing an existing tower that adds no more than 20 feet to the overall height of the existing structure.
(6) Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in the B-2 General Business District and the M-1 General Manufacturing District, provided that such towers and antennas shall be located within seven hundred and fifty (750) feet of the Interstate 40 right-of-way and provided that the following requirements are also met:
a. Evidence must be provided which establishes that the communications tower is structurally designed to support at least one additional user and the application includes a statement that the owner of the tower is willing to permit other user(s) to attach communication facilities, on a commercially reasonable basis, which do not interfere with the primary purpose of the tower. The tower owner may require that such other users agree to negotiate regarding reasonable compensation for any liability which may result from such attachment. The site plan shall show a location for at least one equipment building in addition to that proposed for use by the applicant. Priority for co-location on the proposed tower shall be given to antennas that will serve a public safety need for the community.
b. To provide spatial separation and create a visual block from adjacent properties and streets, a buffer shall be installed around the outside of all improvements on the site, including the tower and guy anchors, any ground buildings or equipment, and security fencing. The tower's guy anchors may be screened or fenced separately to comply with the requirements of this subsection. Buffering shall be required as stated in Section 9-3046.
c. The base of the tower and each guy anchor shall be surrounded by a security fence or wall at least eight (8) feet in height unless the tower and all guy anchors are mounted entirely on a building over eight feet in height. The tower's guy anchors may be screened or fenced separately to comply with the requirements of this subsection.
d. No outside storage shall be allowed on any telecommunication facility site.
e. Associated buildings shall not be used as a place of employment for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.
f. The telecommunications tower shall meet all applicable Federal Aviation Administration (FAA) standards and shall not restrict or interfere with air traffic or air travel from or to any existing or proposed airport. Any lighting shall not project onto the surrounding residential property.
g. The minimum lot size requirement shall be under the zoning district where the tower is proposed to be located or the setback requirements of subsection (a)(6)k., whichever is greater.
h. The color of the tower shall be neutral, except to the extent required by federal law, to minimize its visual impact.
i. To protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation, such as a signed affidavit, indicating that the power density levels do not exceed levels certified by the FCC.
j. No commercial advertising shall be allowed on the facility's site.
k. Setback of the base of the tower from all adjacent property lines shall be one foot for each foot in height. To encourage shared use of towers, applications for towers that will operate with more than one user immediately upon completion may have a ten percent (10%) reduction in the required setbacks, but in no case shall the setback be less than those required for the underlying zoning district. Also, to encourage the construction of monopole structures, monopole towers may have a sixty percent (60 %) reduction in the required setbacks. In no case shall the setback be less than those required for the underlying zoning district. To encourage the location of towers in existing forested areas with a minimum depth of sixty-five (65) feet, the tower may have a twenty percent (20%) reduction in the required setbacks. In no case shall the setback be less than those required for the underlying zoning district. These reduced setbacks shall not be cumulative. Said setback reductions shall only be allowed upon a professional engineering certification which states that the construction of the structure will cause the tower to crumble inward so that in the event of collapse, no damage to structures on adjacent zoning lots will result.
l. Notice shall be provided to the Zoning Administrator when the tower is placed out of service. Towers that are not used for six (6) months or more shall be removed by the owner within one hundred twenty (120) days of receipt of notification to that effect.
m. Monopole construction for all new telecommunication towers shall be required. Stealth technology and application are encouraged to be consistent with the surrounding area.
n. A telecommunications tower shall not exceed the maximum height of one hundred ninety-nine (199) feet above ground level.
(7) Locating a telecommunication tower on town-owned property in any zoning district anywhere in the town limits as a principal or accessory use if the Town Manager approves this use of town property and the Zoning Administrator determines that conforms to goals outlined in Section 9-3196.1 of this chapter and meets all the requirements of subsection (a)(6).
(8) Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure no more than (i) more than 20 feet or (ii) more than the width of the wireless support structure at the level of the appurtenance, whichever is greater.
(9) Increasing the square footage of the existing equipment compound by up to two thousand, five hundred (2,500) square feet.
(10) Review a collocation of a small wireless facility consistent with the provisions of G.S. 160D-935 through 160D-938.
(b) Pursuant to G.S. 160D-934(b), a collocation or eligible facilities request application is deemed complete unless the town provides notice that the application is incomplete in writing to the applicant within forty-five (45) days of submission or within some other mutually agreed upon time frame. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. The town may deem an application incomplete if there is insufficient evidence provided to show that the proposed collocation or eligible facilities request will comply with federal, state, and local safety requirements. The town may not deem an application incomplete for any issue not directly related to the actual content of the application and subject matter of the collocation or eligible facilities request. An application is deemed complete on resubmission if the additional materials cure the deficiencies indicated.
(c) Pursuant to G.S. 160D-934(c), the town shall issue a written decision approving an eligible facilities request application within 45 days of such application being deemed complete. For a collocation application that is not an eligible facilities request, the town shall issue its written decision to approve or deny the application within forty-five (45) days of the application being deemed complete.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)
Section 9-3201.1 Statutory authorization.
The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare. Therefore, the Town Council of the Town of Valdese, North Carolina, does ordain as follows.
(Ord. of 8/6/07)
Section 9-3201.2 Findings of fact.
(1) The flood prone areas within the jurisdiction the town 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. (Ord. of 8/6/07)
Section 9-3201.3 Statement of purpose.
It is the purpose of this article to promote public health, safety, and general welfare and to 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. (Ord. of 8/6/07)
Section 9-3201.4 Objectives.
The objectives of this article 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. (Ord. of 8/6/07)
Section 9-3202 Definitions.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
Accessory structure (appurtenant structure). A structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.
Addition (to an existing building). An extension or increase in the floor area or height of a building or structure.
Appeal. A request for a review of the Floodplain Administrator’s interpretation of any provision of this article.
Area of shallow flooding. A designated zone AO on a community’s flood insurance rate map (FIRM) with base flood depths determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
Area of Special Flood Hazard. See Special Flood Hazard Area (SFHA).
Basement. Any area of the building having its floor subgrade (below ground level) on all sides.
Base flood. The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
Base flood elevation (BFE).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”.
Building. See Structure.
Chemical storage facility. A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.
Development. 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.
Disposal. As defined in G.S. 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
Elevated building. A non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Encroachment. 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.
Existing manufactured home park or manufactured home subdivision. 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.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
Flood insurance. The insurance coverage provided under the National Flood Insurance Program.
Flood insurance rate map (FIRM). An official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.
Flood insurance study (FIS).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.
Flood prone area. See Floodplain.
Flood zone. 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.
Floodplain. Any land area susceptible to being inundated by water from any source.
Floodplain Administrator. The individual appointed to administer and enforce the floodplain management regulations.
Floodplain development permit. Any type of permit that is required in conformance with the provisions of this article, prior to the commencement of any development activity.
Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
Floodplain management regulations. This article 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.
Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.
Floodway. 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.
Freeboard. 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”.
Functionally dependent facility. 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.
Hazardous waste management facility. As defined in G.S. 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.
Highest adjacent grade (HAG). The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.
Historic structure. Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;
(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 U.S. 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.
Lowest adjacent grade (LAG). The elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.
Lowest floor. Lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building’s lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this article.
Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term manufactured home does not include a “recreational vehicle”.
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Market value.The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.
Mean sea level. For purposes of this article, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which base flood elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.
New construction. 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.
Non-encroachment area. 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.
Post-FIRM. Construction or other development for which the “start of construction” occurred on or after the effective date of the initial flood insurance rate map.
Pre-FIRM. Construction or other development for which the “start of construction” occurred before the effective date of the initial flood insurance rate map.
Principally above ground. That at least fifty-one percent (51%) of the actual cash value of the structure is above ground.
Public safety and/or nuisance. Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
Recreational vehicle (RV). A vehicle, which is:
(a) Built on a single chassis;
(b) Four hundred (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.
Reference level. The top of the lowest floor for structures within special flood hazard areas designated as zone A1-A30, AE, A, A99 or AO.
Regulatory flood protection elevation. The “base flood elevation” plus the “freeboard”. In special flood hazard areas where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two (2) feet of freeboard. In special flood hazard areas where no BFE has been established, this elevation shall be at least two (2) feet above the highest adjacent grade.
Remedy a violation. 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.
Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Salvage yard. 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.
Solid waste disposal facility. Any facility involved in the disposal of solid waste, as defined in G.S. 130A-290(a)(35).
Solid waste disposal site. As defined in G.S. 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.
Special flood hazard area (SFHA).The land in the floodplain subject to a one percent (1%) or greater chance of being flooded in any given year, as determined in Section 9-3203.2 of this article.
Start of construction. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 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.
Structure. A walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground.
Substantial damage.Damage of any origin sustained by a structure during any one (1)-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.
Substantial improvement. Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one (1)-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.
Variance. A grant of relief from the requirements of this article.
Violation.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 Section 9-3204 and Section 9-3205 is presumed to be in violation until such time as that documentation is provided.
Water Surface Elevation (WSE). The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Watercourse. 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. (Ord. of 8/6/07)
Section 9-3203.1 Lands to which article applies.
This article shall apply to all special flood hazard areas within the jurisdiction of the town and within the jurisdiction of any other community whose governing body agrees, by resolution, to such applicability. (Ord. of 8/6/07)
Section 9-3203.2 Basis for establishing the special flood hazard areas.
(a) The special flood hazard areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its flood insurance study (FIS) and its accompanying flood insurance rate maps (FIRM), for Burke County dated September 5, 2007 which are adopted by reference and declared to be a part of this article.
(b) The initial flood insurances rate maps are as follows for the jurisdictional areas at the initial date:
(1) Town of Valdese, dated July 3, 1986.
(2) Burke County Unincorporated Area, dated June 17, 1991. (Ord. of 8/6/07)
Section 9-3203.3 Establishment of floodplain development permit.
A Floodplain development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities within special flood hazard areas determined in accordance with the provisions of Section 9-3203.2 of this article. (Ord. of 8/6/07)
Section 9-3203.4 Compliance.
No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this article and other applicable regulations. (Ord. of 8/6/07)
Section 9-3203.5 Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. of 8/6/07)
Section 9-3203.6 Interpretation.
In the interpretation and application of this article 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. (Ord. of 8/6/07)
Section 9-3203.7 Warning and disclaimer of liability.
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-made or natural causes. This article 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 article shall not create liability on the part of the town or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. (Ord. of 8/6/07)
Section 9-3203.8 Penalties for violation.
A violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall subject the offender to a civil penalty in the amount of fifty dollars ($50.00) per day for each day the violation continues, to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ten (10) days after he or she has been cited for the violations. Nothing herein contained shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. of 8/6/07; Ord. of 5/2/22)
Section 9-3204.1 Designation of Floodplain Administrator.
The Town Planning Director or his designee, hereinafter referred to as the “Floodplain Administrator”, is hereby appointed to administer and implement the provisions of this article. (Ord. of 8/6/07)
Section 9-3204.2 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:
1. 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;
2. The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in Section 9-3203.2, or a statement that the entire lot is within the special flood hazard area;
3. Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in Section 9-3203.2;
4. The boundary of the floodway(s) or non-encroachment area(s) as determined in Section 9-3203.2;
6. The old and new location of any watercourse that will be altered or relocated as a result of proposed development;
(b) Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:
1. Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;
2. Elevation in relation to mean sea level to which any nonresidential structure in zone AE, A or AO will be flood-proofed; and
3. 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 article are met. These details include but are not limited to:
1. 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);
2. Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with Section 9-3205.2 (4)(c) when solid foundation perimeter walls are used in zones A, AO, 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 9-3205.2, subsections (6) and (7) of this article 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 Section 9-3203.2.
(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.
(g) The flood openings requirements, if in zones A, AO, AE or A1-30.
(3) Certification requirements.
(a) Elevation certificates.
1. 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.
2. 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. Flood proofing 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, AO, 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 the provisions of Section 9-3205.2(3)(b).
(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, AO, AE or A1-30, are exempt from the elevation/floodproofing certification requirements specified in items (a) and (b) of this subsection:
1. Recreational vehicles meeting requirements of Section 9-3205.2 (6)(a);
2. Temporary structures meeting requirements of Section 9-3205.2 (7); and
3. Accessory structures less than one hundred fifty (150) square feet meeting requirements of Section 9-3205.2 (8). (Ord. of 8/6/07)
Section 9-3204.3 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 article have been satisfied.
(2) Advise permittee that additional federal or state permits (wetlands, endangered species, erosion and sedimentation control, riparian buffers, mining, etc.) May be required.
(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 Section 9-3205.6 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 Section 9-3204.2 (3).
(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 Section 9-3204.2 (3).
(8) Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of Section 9-3204.2 (3).
(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 9-3203.2, obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to Section 9-3205.4 5 (2)(b), in order to administer the provisions of this article.
(12) When base flood elevation (BFE) data is provided but no floodway or non-encroachment area data has been provided in accordance with Section 9-3203.2, obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other source in order to administer the provisions of this article.
(13) When the lowest 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 article 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 article, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing 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. Any person found guilty of violating a stop work order shall be subject to a civil penalty in the amount of fifty dollars ($50.00) per day for each day the violation continues, to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ten (10) days after he or she has been cited for the violations. (Ord. of 5/2/22)
(17) Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, 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 Section 9-3204.4.
(20) Review, provide input, and make recommendations for variance requests.
(21) Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps and studies adopted in accordance with Section 9-3203.2 of this article, including any revisions thereto including letters of map change, issued by FEMA. Notify state and FEMA of mapping needs.
(22) Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR-F) and letters of map revision (LOMR). (Ord. of 8/6/07)
Section 9-3204.4 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 180 (one hundred eighty) 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, he or she shall be subject to a civil penalty in the amount of fifty dollars ($50.00) per day for each day the violation continues, to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ten (10) days after he or she has been cited for the violations. (Ord. of 8/6/07; Ord. of 5/2/22)
Section 9-3204.5 Variance procedures.
(1) The Board of Adjustment as established by the town, hereinafter referred to as the “appeal board”, shall hear and decide requests for variances from the requirements of this article.
(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 Section 9-3202 of this article, provided provisions of Section 9-3204.5 (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.
(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 article 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 under Section 9-3202 of this article 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 article, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this article.
(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 twenty-five dollars ($25.00) per one hundred dollars ($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:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship; and
3. 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 town 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. (Ord. of 8/6/07)
Section 9-3205.1 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 article, shall meet the requirements of “new construction” as contained in this article.
(9) Nothing in this article shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of 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 article.
(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 Section 9-3204.5(10). 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 Section 9-3204.2(3).
(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. (Ord. of 8/6/07)
Section 9-3205.2 Specific standards.
(1) Residential construction. New construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference
level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in Section 9-3202 of this article.
(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 Section 9-3202
of this article. Structures located in A, AE, AO, and A1-30 zones may be floodproofed to the regulatory flood protection elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the regulatory flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO zones, the floodproofing elevation shall be in accordance with Section 9-3205.7(2). A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Section 9-3204.2 (3), 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 Section 9-3202 of this article.
(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 G.S. 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 Section 9-3205.2(4).
(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;
(c) Shall include, in zones A, AO, 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:
1. A minimum of two (2) flood openings on different sides of each enclosed area subject to flooding;
2. The total net area of all flood openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding;
3. 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;
4. The bottom of all required flood openings shall be no higher than one (1) foot above the adjacent grade;
5. Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and
6. Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.
(5) Additions/improvements.
(a) Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:
1. 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.
2. 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:
1. Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction.
2. 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 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 Section 9-3205.1(1);
(f) All service facilities such as electrical shall be installed in accordance with the provisions of Section 9-3205.1(4); 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 Section 9-3205.2 (4)(c).
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 Section 9-3204.2(3).
(Ord. of 8/6/07)
Section 9-3205.4 Standards for floodplains without established base flood elevations.
(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 article and shall be elevated or floodproofed in accordance with standards in Sections 9-3205.1 and 9-3205.2.
(b) When floodway data is available from a federal, state, or other source, all new construction and substantial improvements within floodway areas shall also comply with the requirements of Sections 9-2305.2 and 9-3205.6.
(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 Section 9-3203.2, and utilized in implementing this article. However, this requirement may be waived if the development ensures all building envelopes exclude any special flood hazard areas.
(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 Section 9-3202. All other applicable provisions of Section 9-3205.2 shall also apply. (Ord. of 8/6/07)
Section 9-3205.5 Standards for riverine floodplains with bfe 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 9-3205.1 and 9-3205.2; 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. (Ord. of 8/6/07)
Section 9-3205.6 Floodways and non-encroachment areas.
Areas designated as floodways or non-encroachment areas Are located within the special flood hazard areas established in 9-3203.2. 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 9-3205.1 and 9-3205.2, 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 according to FEMA guidelines 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) If Section 9-3205.6(1) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this article.
(3) No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met:
(a) The anchoring and the elevation standards of Section 9-3205.2(3); and
(b) The no encroachment standard of Section 9-3205.6(1). (Ord. of 8/6/07)
Section 9-3205.7 Standards for areas of shallow flooding (zone AO).
Located within the special flood hazard areas established in Section 9-3203.2, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to Section 9-3205.1 and Section 9-3205.2, all new construction and substantial improvements shall meet the following requirements:
(1) The reference level shall be elevated at least as high as the depth number specified on the flood insurance rate map (FIRM), in feet, plus a freeboard of two (2 ) feet, above the highest adjacent grade; or at least four (4) feet above the highest adjacent grade if no depth number is specified.
(2) Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in Section 9-3205.7(1) so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with Section 9-3204.2(3) and Section 9-3205.2(2).
(3) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures. (Ord. of 8/6/07)
Section 9-3206.1 Effect on rights and liabilities under the existing flood damage prevention ordinance.
This article in part comes forward by re-enactment of some of the provisions of the flood damage
prevention ordinance enacted May 4, 1987 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this article shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of the Town of Valdese enacted on May 4, 1987, as amended, which are not reenacted herein are repealed.
(Ord. of 8/6/07)
Section 9-3206.2 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 article; 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 article. (Ord. of 8/6/07)
Section 9-3206.3 Effective date.
This article shall become effective August 6, 2007.
(Ord. of 8/6/07)
Section 9-3301.1 Title.
This article shall be officially known as "The Phase II Stormwater Ordinance." It is referred to herein as "this article." (Ord. of 9/3/13)
Section 9-3301.2 Authority.
The Town of Valdese (hereinafter referred to as the Town) is authorized to adopt this article pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina; City Charter; G.S. 143-214.7 and rules promulgated by the Environmental Management Commission thereunder; Session Law 2006-246; Chapter 160A, §§ 174, 185. (Ord. of 9/3/13)
Section 9-3301.3 Findings.
It is hereby determined that:
(1) Development and redevelopment alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and point source pollution, and sediment transport and deposition, as well as reducing groundwater recharge;
(2) These changes in stormwater runoff contribute to increased quantities of water-borne pollutants and alterations in hydrology that are harmful to public health and safety as well as to the natural environment; and
(3) These effects can be managed and minimized by applying proper design and well-planned controls to manage stormwater runoff from development sites.
(4) Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal Phase II Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental Management Commission promulgated in response to federal Phase II requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum stormwater controls such as those included in this article.
(5) Therefore, the Town establishes this set of water quality and quantity regulations to meet the requirements of state and federal law regarding control of stormwater runoff and discharge. (Ord. of 9/3/13)
Section 9-3301.4 Purpose.
(a) General. The purpose of this article is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint and point source pollution associated with new development and redevelopment as well as illicit discharges into municipal stormwater systems. It has been determined that proper management of construction-related and post-development stormwater runoff will minimize damage to public and private property and infrastructure; safeguard the public health, safety, and general welfare; and protect water and aquatic resources.
(b) Specific. This article seeks to meet its general purpose through the following specific objectives and means:
(1) Establishing decision-making processes for development that protects the integrity of watersheds and preserves the health of water resources;
(2) Requiring that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as practicable for the applicable design storm to reduce flooding, streambank erosion, nonpoint and point source pollution and increases in stream temperature, and to maintain the integrity of stream channels and aquatic habitats;
(3) Establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;
(4) Establishing design and review criteria for the construction, function, and use of structural stormwater BMPs that may be used to meet the minimum post-development stormwater management standards;
(5) Encouraging the use of better management and site design practices, such as the use of vegetated conveyances for stormwater and the preservation of greenspace, riparian buffers and other conservation areas to the maximum extent practicable;
(6) Establishing provisions for the long-term responsibility for and maintenance of structural and nonstructural stormwater BMPs to ensure that they continue to function as designed, are maintained appropriately, and pose no threat to public safety;
(7) Establishing administrative procedures for the submission, review, approval and disapproval of stormwater management plans, for the inspection of approved projects, and to assure appropriate long-term maintenance.
(8) Controlling illicit discharges into the municipal separate stormwater system. (Ord. of 9/3/13)
Section 9-3301.5 Applicability and jurisdiction.
(a) General. Beginning with and subsequent to its effective date, this article shall be applicable to all development and redevelopment, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to subsection (b) of this section, Exemptions.
(b) Exemptions.
(1) Development that cumulatively disturbs less than one (1) acre and is not part of a larger common plan of development or sale is exempt from the provisions of this article.
(2) Redevelopment that cumulatively disturbs less than one (1) acre and is not part of a larger common plan of development or sale is exempt from the provisions of this article.
(3) Development and redevelopment that disturb less than one (1) acre are not exempt if such activities are part of a larger common plan of development or sale, even though multiple, separate or distinct activities take place at different times on different schedules.
(4) Activities that are exempt from permit requirements of Section 404 of the Federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions of this article.
(c) No development or redevelopment until compliance and permit. No development or redevelopment shall occur except in compliance with the provisions of this article or unless exempted. No development for which a permit is required pursuant to this article shall occur except in compliance with the provisions, conditions, and limitations of the permit.
(d) Map.
(1) The provisions of this article shall apply within the areas designated on the map titled "Town of Valdese Zoning Map." The Zoning Map and all explanatory matter contained thereon accompanies and is hereby made a part of this article.
(2) The Zoning Map shall be kept on file by the Valdese Planning Director and shall be updated to take into account changes in the land area covered by this article. In the event of a dispute, the applicability of this article to a particular area of land or BMP shall be determined by reference to the North Carolina Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances. (Ord. of 9/3/13)
Section 9-3301.6 Interpretation.
(a) Meaning and intent. All provisions, terms, phrases, and expressions contained in this article, shall be construed according to the general and specific purposes set forth in Section 9-3301.4, Purpose. If a different or more specific meaning is given for a term defined elsewhere in the Town's Code of Ordinances, the meaning and application of the term in this article shall control for purposes of application of this article.
(b) Text controls in event of conflict. In the event of a conflict or inconsistency between the text of this article and any heading, caption, figure, illustration, table, or map, the text shall control.
(c) Authority for interpretation. The Stormwater Administrator has authority to determine the interpretation of this article. Any person may request an interpretation by submitting a written request to the Stormwater Administrator, who shall respond in writing within thirty (30) days. The Stormwater Administrator shall keep on file a record of all written interpretations of this article.
(d) References to statutes, regulations, and documents. Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the Design Manual), or document, it shall be construed as a reference to the most recent edition of such that has been finalized and published with due provision for notice and comment, unless otherwise specifically stated.
(e) Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the Town, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the Town. References to days are calendar days unless otherwise stated.
(f) Delegation of authority. Any act authorized by this article to be carried out by the Stormwater Administrator of the Town may be carried out by his or her designee.
(g) Usage.
(1) Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.
(2) Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The word "and" indicates that all connected items, conditions, provisions and events apply. The word "or" indicates that one (1) or more of the connected items, conditions, provisions or events apply.
(3) Tense, plurals, and gender. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.
(h) Measurement and computation. Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site. (Ord. of 9/3/13)
Section 9-3301.7 Design Manual.
(a) Reference to Design Manual.
(1) The Stormwater Administrator shall use the policy, criteria, and information, including technical specifications and standards, in the Design Manual as the basis for decisions about stormwater permits and about the design, implementation and performance of structural and non-structural stormwater BMPs.
(2) The Design Manual includes a list of acceptable stormwater treatment practices, including specific design criteria for each stormwater practice. Stormwater treatment practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the Phase II laws.
(b) Relationship of Design Manual to other laws and regulations. If the specifications or guidelines of the Design Manual are more restrictive or apply a higher standard than other laws or regulations, that fact shall not prevent application of the specifications or guidelines in the Design Manual.
(c) Changes to standards and specifications. If the standards, specifications, guidelines, policies, criteria, or other information in the Design Manual are amended subsequent to the submittal of an application for approval pursuant to this article but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this article with regard to the application. (Ord. of 9/3/13)
Section 9-3301.8 Relationship to other laws, regulations and private agreements.
(a) Conflict of laws. This article is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare shall control.
(b) Private agreements. This article is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this article are more restrictive or impose higher standards or requirements than such an easement, covenant, or other private agreement, the requirements of this article shall govern. Nothing in this article shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply with this article. In no case shall the Town be obligated to enforce the provisions of any easements, covenants, or agreements between private parties. (Ord. of 9/3/13)
Section 9-3301.9 Severability.
If the provisions of any section, subsection, paragraph, subdivision or clause of this article shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this article. (Ord. of 9/3/13)
Section 9-3301.10 Effective date and transitional provisions.
(a) Effective date. This article shall take effect on _______________
(b) Final approvals, complete applications.
(1) All development and redevelopment projects for which complete and full applications were submitted and approved by the Town prior to the effective date of this article and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development or redevelopment shall be exempt from complying with all provisions of this article dealing with the control and/or management of post-construction runoff, but shall be required to comply with all other applicable provisions, including but not limited to illicit discharge provisions.
(2) A phased development plan shall be deemed approved prior to the effective date of this article if it has been approved by all necessary government units, it remains valid, unexpired, unrevoked and not otherwise terminated, and it shows:
a. For the initial or first phase of development, the type and intensity of use for a specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been approved.
b. For any subsequent phase of development, sufficient detail so that implementation of the requirements of this article to that phase of development would require a material change in that phase of the plan.
(c) Violations continue. Any violation of provisions existing on the effective date of this article shall continue to be a violation under this article and be subject to penalties and enforcement under this article unless the use, development, construction, or other activity complies with the provisions of this article. (Ord. of 9/3/13)
Section 9-3302.1 Review and decision-making entities.
(a) Stormwater Administrator.
(1) Designation. A Stormwater Administrator shall be designated by the Town Manager to administer and enforce this article.
(2) Powers and duties. In addition to the powers and duties that may be conferred by other provisions of the Town Code of Ordinances, Land Development Code, and other laws, the Stormwater Administrator shall have the following powers and duties under this article:
a. To review and approve, approve with conditions, or disapprove applications for approval of plans pursuant to this article.
b. To make determinations and render interpretations of this article.
c. To establish application requirements and schedules for submittal and review of applications and appeals. To enforce the provisions of this article in accordance with its enforcement provisions.
d. To maintain records, maps, forms and other official materials as relate to the adoption, amendment, enforcement, and administration of this article.
e. To provide expertise and technical assistance to the Town of Valdese Planning Board (hereinafter referred to as the Planning Board) or Town Council, upon request.
f. To designate appropriate other person(s) who shall carry out the powers and duties of the Stormwater Administrator.
g. To take any other action necessary to administer the provisions of this article. (Ord. of 9/3/13)
Section 9-3302.2 Review procedures.
(a) Permit required; must apply for permit. A stormwater permit is required for all development and redevelopment unless exempt pursuant to this article. A permit may only be issued subsequent to a properly submitted and reviewed permit application, pursuant to this section.
(b) Effect of permit.
(1) A stormwater permit shall govern the design, installation, and construction of stormwater management and control practices on the site, including structural BMPs and elements of site design for stormwater management other than structural BMPs.
(2) The permit is intended to provide a mechanism for the review, approval, and inspection of the approach to be used for the management and control of stormwater for the development or redevelopment site consistent with the requirements of this article, whether the approach consists of structural BMPs or other techniques such as low-impact or low-density design. The permit does not continue in existence indefinitely after the completion of the project; rather, compliance after project construction is assured by the maintenance provisions of this article.
(c) Authority to file applications. All applications required pursuant to this Code shall be submitted to the Stormwater Administrator by the land owner or the land owner's duly authorized agent.
(d) Establishment of application requirements, schedule, and fees.
(1) Application contents and form. The Stormwater Administrator shall establish requirements for the content and form of all applications and shall amend and update those requirements from time to time. At a minimum, the stormwater permit application shall describe in detail how post-development stormwater runoff will be controlled and managed, the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of this article.
(2) Submission schedule. The Stormwater Administrator shall establish a submission schedule for applications. The schedule shall establish deadlines by which complete applications must be submitted for the purpose of ensuring that there is adequate time to review applications, and that the various stages in the review process are accommodated.
(3) Permit review fees. The Town Council shall establish permit review fees as well as policies regarding refund of any fees upon withdrawal of an application, and may amend and update the fees and policies from time to time.
(e) Submittal of complete application.
(1) Applications shall be submitted to the Stormwater Administrator pursuant to the application submittal schedule in the form established by the Stormwater Administrator, along with the appropriate fee established pursuant to this section.
(2) An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to this article, along with the appropriate fee. If the Stormwater Administrator finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. However, the submittal of an incomplete application shall not suffice to meet a deadline contained in the submission schedule established above.
(f) Review. Within fifteen (15) working days after a complete application is submitted, the Stormwater Administrator shall review the application and determine whether the application complies with the standards of this article.
(1) Approval. If the Stormwater Administrator finds that the application complies with the standards of this article, the Stormwater Administrator shall approve the application. The Stormwater Administrator may impose conditions of approval as needed to ensure compliance with this article. The conditions shall be included as part of the approval.
(2) Fails to comply. If the Stormwater Administrator finds that the application fails to comply with the standards of this article, the Stormwater Administrator shall notify the applicant and shall indicate how the application fails to comply. The applicant shall have an opportunity to submit a revised application.
(3) Revision and subsequent review.
a. A complete revised application shall be reviewed by the Stormwater Administrator within fifteen (15) working days after its re-submittal and shall be approved, approved with conditions or disapproved.
b. If a revised application is not re-submitted within thirty (30) calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee for a new submittal.
c. One (1) re-submittal of a revised application may be submitted without payment of an additional permit review fee. Any re-submittal after the first re-submittal shall be accompanied by a permit review fee, as established pursuant to this article. (Ord. of 9/3/13)
Section 9-3302.3 Applications for approval.
(a) Concept plan and consultation meeting.
(1) Before a stormwater management permit application is deemed complete, the Stormwater Administrator or developer may request a consultation on a concept plan for the post-construction stormwater management system to be utilized in the proposed development project. This consultation meeting should take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post-construction stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to stormwater management designs before formal site design engineering is commenced. Local watershed plans, the Future Land Use and Transportation Plan, and other relevant resource protection plans should be consulted in the discussion of the concept plan.
(2) To accomplish this goal, the following information should be included in the concept plan, which should be submitted in advance of the meeting:
a. Existing conditions/proposed site plans. Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (if available); boundaries of existing predominant vegetation; proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces.
b. Natural resources inventory. A written or graphic inventory of natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development and stormwater management.
c. Stormwater management system concept plan. A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; low-impact design elements; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of any proposed stream channel modifications, such as bridge or culvert crossings.
(b) Stormwater management permit application.
(1) The stormwater management permit application shall detail how post-development stormwater runoff will be controlled and managed and how the proposed project will meet the requirements of this article, including Section 9-3303, Standards. All such plans shall be prepared by a qualified registered North Carolina professional engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor, soil scientist or landscape architect shall perform services only in their area of competence, and shall verify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in the Design Manual, and that the designs and plans ensure compliance with this article.
(2) The submittal shall include all of the information required in the submittal checklist established by the Stormwater Administrator. Incomplete submittals shall be treated pursuant to Section 9-3302.2(e).
(c) As-built plans and final approval.
(1) Upon completion of a project, and before a permanent certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual "as-built" plans for all stormwater management facilities or practices after final construction is completed.
(2) The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this article. A final inspection and approval by the Stormwater Administrator shall occur before the release of any performance securities.
(d) Other permits. No permanent certificate of compliance or occupancy shall be issued by the Planning and Development Department without final as-built plans and a final inspection and approval by the Stormwater Administrator, except where multiple units are served by the stormwater practice or facilities, in which case the Planning and Development Director may elect to withhold a percentage of permits or certificates of occupancy until as-built plans are submitted and final inspection and approval has occurred. (Ord. of 9/3/13)
Section 9-3302.4 Approvals.
(a) Effect of approval. Approval authorizes the applicant to go forward with only the specific plans and activities authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, state, and federal authorities.
(b) Time limit/expiration.
(1) An approved plan shall become null and void if the applicant fails to make substantial progress on the site within one (1) year after the date of approval. The Stormwater Administrator may grant a single, one (1)-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan.
(2) In granting an extension, the Stormwater Administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would infringe the applicant's vested rights. (Ord. of 9/3/13)
Section 9-3302.5 Appeals.
(a) Right of appeal. Any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this article made by the Stormwater Administrator, may file an appeal to the Planning Board within thirty (30) days.
(b) Filing of appeal and procedures.
(1) Appeals shall be taken within the specified time period by filing a written notice of appeal specifying the grounds for appeal. The Stormwater Administrator shall transmit to the Planning Board all documents constituting the record on which the decision appealed from was taken.
(2) The hearing conducted by the Planning Board shall be conducted in the nature of a quasi-judicial proceeding with all findings of fact supported by competent, material evidence.
(c) Review by Superior Court. Every decision of the Planning Board shall be subject to Superior Court review by proceedings in the nature of certiorari. Petition for review by the Superior Court shall be filed with the Clerk of Superior Court of Burke County within thirty (30) days of the final decision. (Ord. of 9/3/13)
Section 9-3303.1 General standards.
All development and redevelopment to which this article applies shall comply with the standards of this section. (Ord. of 9/3/13)
Section 9-3303.2 Development standards for low-density projects.
Low-density projects shall comply with each of the following standards:
(a) Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable.
(b) All built-upon area shall be at a minimum of thirty (30) feet landward of all perennial and intermittent surface waters. A perennial or intermittent surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site-specific determination made using Division-approved methodology.
(c) The approval of the stormwater permit shall require an enforceable restriction on property usage that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans. (Ord. 9/3/13)
Section 9-3303.3 Development standards for high-density projects.
High-density projects shall implement stormwater control measures that comply with each of the following standards:
(a) The measures shall control and treat stormwater runoff from the first inch of rain. Runoff volume drawdown time shall be a minimum of forty- eight (48) hours, but not more than one hundred twenty (120) hours.
(b) Must discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one (1)-year, twenty-four (24)-hour storm.
(c) All structural stormwater treatment systems used to meet these requirements shall be designed to have a minimum of eighty-five percent (85%) average annual removal for total suspended solids (TSS).
(d) General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c), as explained in the Design Manual.
(e) All built-upon area shall be at a minimum of thirty (30) feet landward of all perennial and intermittent surface waters. A surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site-specific determination made using Division-approved methodology.
(f) The approval of the stormwater permit shall require an enforceable restriction on property usage that runs with the land, such as recorded deed restrictions or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans. (Ord. of 9/3/13)
Section 9-3303.4 Standards for stormwater control measures.
(a) Evaluation according to contents of Design Manual. All stormwater control measures and stormwater treatment practices (also referred to as Best Management Practices, or BMPs) required under this article shall be evaluated by the Stormwater Administrator according to the policies, criteria, and information, including technical specifications and standards and the specific design criteria for each stormwater practice, in the Design Manual. The Stormwater Administrator shall determine whether proposed BMPs will be adequate to meet the requirements of this article.
(b) Determination of adequacy; presumptions and alternatives. Stormwater treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the Design Manual will be presumed to meet the minimum water quality and quantity performance standards of this article. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the Design Manual, the applicant shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of this article. The Stormwater Administrator may require the applicant to provide the documentation, calculations, and examples necessary for the Stormwater Administrator to determine whether such an affirmative showing is made.
(c) Separation from seasonal high water table. For BMPs that require a separation from the seasonal high-water table, the separation shall be provided by at least twelve (12) inches of naturally occurring soil above the seasonal high-water table. (Ord. of 9/3/13)
Section 9-3303.5 Variances.
(a) Any person may petition the Planning Board for a variance granting permission to use the person's land in a manner otherwise prohibited by this article. To qualify for a variance, the petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this article.
(2) The hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this article; will secure public safety and welfare; and will preserve substantial justice.
(b) The Town may impose reasonable and appropriate conditions and safeguards upon any variance it grants.
(c) Statutory exceptions. Notwithstanding subdivision (a) of this section, exceptions from the thirty (30)-foot landward location of built-upon area requirement as well as the deed restrictions and protective covenants requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad crossing, bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs.
(2) When there is a lack of practical alternatives for a stormwater management facility; a stormwater management pond; or a utility, including, but not limited to, water, sewer, or gas construction and maintenance corridor, as long as it is located fiftten (15) feet landward of all perennial and intermittent surface waters and as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs.
(3) A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration, or density of the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to surface waters. (Ord. of 9/3/13)
Section 9-3304.1 General standards for maintenance.
(a) Function of BMPs as intended. The owner of each structural BMP installed pursuant to this article shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the structural BMP was designed.
(b) Annual maintenance inspection and report.
(1) The person responsible for maintenance of any structural BMP installed pursuant to this article shall submit to the Stormwater Administrator an inspection report from one (1) of the following persons performing services only in their area of competence: a qualified registered North Carolina professional engineer, surveyor, landscape architect, soil scientist, aquatic biologist, or person certified by the North Carolina Cooperative Extension Service for stormwater treatment practice inspection and maintenance. The inspection report shall contain all of the following:
a. The name and address of the land owner;
b. The recorded book and page number of the lot of each structural BMP;
c. A statement that an inspection was made of all structural BMPs;
d. The date the inspection was made;
e. A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this article; and
f. The original signature and seal of the engineer, surveyor, or landscape architect.
(2) All inspection reports shall be on forms supplied by the Stormwater Administrator. An original inspection report shall be provided to the Stormwater Administrator beginning one (1) year from the date of as-built certification and each year thereafter on or before the date of the as-built certification. (Ord. of 9/3/13)
Section 9-3304.2 Operation and maintenance agreement.
(a) In general.
(1) Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP pursuant to this article, and prior to issuance of any permit for development or redevelopment requiring a structural BMP pursuant to this article, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement.
(2) The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the Town a right of entry in the event that the Stormwater Administrator has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of itself, confer an obligation on the Town to assume responsibility for the structural BMP.
(3) The operation and maintenance agreement must be approved by the Stormwater Administrator prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the Burke County Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the Stormwater Administrator within fourteen (14) days following its recordation.
(b) Special requirement for homeowners' and other associations. For all structural BMPs required pursuant to this article and that are to be or are owned and maintained by a homeowners' association, property owners' association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions:
(1) Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.
(2) Provide financial security, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the structural BMPs. If structural BMPs are not performing adequately or as intended or are not properly maintained, the Town, in its sole discretion, may remedy the situation, and in such instances the Town shall be fully reimbursed by the association and its members for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Valdese shall first consent to the expenditure.
(3) An annual certified financial statement shall be provided to the Town along with the required annual inspection report.
(4) Granting to the Town right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.
(5) Allowing the Town to recover from the association and its members any and all costs the Town expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town all of its expended costs, after forty-five (45) days written notice, shall constitute a breach of the agreement. In case of a deficiency, the Town shall thereafter be entitled to bring an action against the association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both. Interest, collection costs, and attorney fees shall be added to the recovery.
(6) A statement that this agreement shall not obligate the Town to maintain or repair any structural BMPs, and the Town shall not be liable to any person for the condition or operation of structural BMPs.
(7) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the Town to enforce any of its ordinances as authorized by law.
(8) A provision indemnifying and holding harmless the Town for any costs and injuries arising from or related to the structural BMP, unless the Town has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights necessary to carry out that maintenance. (Ord. of 9/3/13)
Section 9-3304.3 Inspection program.
(a) Inspections and inspection programs by the Town may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs.
(b) If the owner or occupant of any property refuses to permit such inspection, the Stormwater Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator while carrying out his or her official duties. (Ord. of 9/3/13)
Section 9-3304.4 Performance security for installation and maintenance.
(a) Required. The Town shall require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in order to ensure that the structural BMPs are
(1) Installed by the permit holder as required by the approved stormwater management plan, and
(2) Maintained by the owner as required by the operation and maintenance agreement.
(b) Amount.
(1) Installation. The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus twenty-five percent (25%).
(2) Maintenance. The amount of a maintenance performance security shall be the present value of an annuity of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and maintenance of the BMPs approved under the permit, at a discount rate that reflects the cost of borrowing minus a reasonable estimate of long-term inflation.
(c) Uses of performance security.
(1) Forfeiture provisions. The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant or owner in accordance with this article, approvals issued pursuant to this article, or an operation and maintenance agreement established pursuant to this article.
(2) Default. Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any structural BMP in accordance with the applicable permit or operation and maintenance agreement, the Stormwater Administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after requesting the owner to comply with the permit or maintenance agreement. In the event of a default triggering the use of installation performance security, the Town shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.
(3) Costs in excess of performance security. If the Town takes action upon such failure by the applicant or owner, the Town may collect from the applicant or owner the difference between the amount of the reasonable cost of such action and the amount of the security held, in addition to any other penalties or damages due.
(4) Refund. Within sixty (60) days of the final approval, the installation performance security shall be refunded to the applicant or terminated, except any amount attributable to the cost (plus twenty-five percent (25%)) of landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall be inspected one (1) year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released. (Ord. of 9/3/13)
Section 9-3304.5 Notice to owners.
(a) Deed recordation and indications on plat. The applicable operations and maintenance agreement and conservation easement (if applicable), pertaining to every structural BMP shall be referenced on the final plat and shall be recorded with the Burke County Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the operations and maintenance agreement and conservation easement (if applicable), shall be recorded with the Burke County Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles.
(b) Signage. To assure compliance with this article, structural BMPs shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection. The sign shall be maintained so as to remain visible and legible. (Ord. of 9/3/13)
Section 9-3304.6 Records of installation and maintenance activities.
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at least five (5) years from the date of creation of the record and shall submit the same upon reasonable request to the Stormwater Administrator. (Ord. of 9/3/13)
Section 9-3304.7 Nuisance.
The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it so as not to create or result in a nuisance condition. (Ord. of 9/3/13)
Section 9-3305.1 General.
(a) Authority to enforce. The provisions of this article shall be enforced by the Stormwater Administrator, his or her designee, or any authorized agent of the Town. Whenever this section refers to the Stormwater Administrator, it includes his or her designee as well as any authorized agent of the Town.
(b) Violation unlawful. Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this article, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this article, is unlawful and shall constitute a violation of this article.
(c) Each day a separate offense. Each day that a violation continues shall constitute a separate and distinct violation or offense.
(d) Responsible persons/entities.
(1) Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this article shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. Persons subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this article, or fails to take appropriate action, so that a violation of this article results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs.
(2) For the purposes of this article, responsible person(s) shall include but not be limited to:
a. Person maintaining condition resulting in or constituting violation. An architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this article, or fails to take appropriate action, so that a violation of this article results or persists.
b. Responsibility for land or use of land. The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use, development or redevelopment of the property. (Ord. of 9/3/13)
Section 9-3305.2 Remedies and penalties.
The remedies and penalties provided for violations of this article, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(a) Remedies.
(1) Withholding of certificate of occupancy. The Stormwater Administrator or other authorized agent may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
(2) Disapproval of subsequent permits and development approvals. As long as a violation of this article continues and remains uncorrected, the Stormwater Administrator or other authorized agent may withhold, and the Planning Director or Planning Board may disapprove, any request for permit or development approval or authorization provided for by this article or other land development ordinances applicable to the land on which the violation occurs.
(3) Injunction, abatements, etc. The Stormwater Administrator, with the written authorization of the Town Manager, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this article. Any person violating this article shall be subject to the full range of equitable remedies provided in the General Statutes or at common law.
(4) Correction as public health nuisance, costs as lien, etc. If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by G.S. 160A-193, the Stormwater Administrator, with the written authorization of the Town Manager, may cause the violation to be corrected and the costs to be assessed as a lien against the property.
(5) Stop work order. The Stormwater Administrator may issue a stop work order to the person(s) violating this article. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations.
(b) Civil penalties. Violation of this article may subject the violator to a civil penalty to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within thirty (30) days after notice of the violation is issued by the Stormwater Administrator. Civil penalties may be assessed up to the full amount of penalty to which the Town is subject for violations of its Phase II Stormwater permit. (Ord. of 9/3/13; Ord. of 5/2/22)
Section 9-3305.3 Procedures.
(a) Initiation/complaint. Whenever a violation of this article occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the alleged violation and the basis thereof, and shall be filed with the Stormwater Administrator, who shall record the complaint. The complaint shall be investigated promptly by the Stormwater Administrator.
(b) Inspection. The Stormwater Administrator shall have the authority, upon presentation of proper credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with this article.
(c) Notice of violation and order to correct.
(1) When the Stormwater Administrator finds that any building, structure, or land is in violation of this article, the Stormwater Administrator shall notify, in writing, the property owner or other person violating this article. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation is occurring, order the necessary action to abate the violation, and give a deadline for correcting the violation. If civil penalties are to be assessed, the notice of violation shall also contain a statement of the civil penalties to be assessed, the time of their accrual, and the time within which they must be paid or be subject to collection as a debt.
(2) The Stormwater Administrator may deliver the notice of violation and correction order personally, by the Town code enforcement personnel, by certified or registered mail, return receipt requested, or by any means authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil Procedure.
(3) If a violation is not corrected within a reasonable period of time, as provided in the notification, the Stormwater Administrator may take appropriate action under this article to correct and abate the violation and to ensure compliance with this article.
(d) Extension of time. A person who receives a notice of violation and correction order, or the owner of the land on which the violation occurs, may submit to the Stormwater Administrator a written request for an extension of time for correction of the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the Stormwater Administrator may extend the time limit as is reasonably necessary to allow timely correction of the violation, up to, but not exceeding thirty (30) days. The Stormwater Administrator may grant fifteen (15)-day extensions in addition to the foregoing extension if the violation cannot be corrected within the permitted time due to circumstances beyond the control of the person violating this article. The Stormwater Administrator may grant an extension only by written notice of extension. The notice of extension shall state the date prior to which correction must be made, after which the violator will be subject to the penalties described in the notice of violation and correction order.
(e) Enforcement after time to correct. After the time has expired to correct a violation, including any extension(s) if authorized by the Stormwater Administrator, the Stormwater Administrator shall determine if the violation is corrected. If the violation is not corrected, the Stormwater Administrator may act to impose one (1) or more of the remedies and penalties authorized by this article.
(f) Emergency enforcement. If delay in correcting a violation would seriously threaten the effective enforcement of this article or pose an immediate danger to the public health, safety, or welfare, then the Stormwater Administrator may order the immediate cessation of a violation. Any person so ordered shall cease any violation immediately. The Stormwater Administrator may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this article. (Ord. of 9/3/13)
Section 9-3306.1 Terms defined.
When used in this article, the following words and terms shall have the meaning set forth in this section, unless other provisions of this article specifically indicate otherwise.
Built-upon area (BUA) That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. Built-upon area does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material.
Department The North Carolina Department of Environment and Natural Resources.
Design Manual The stormwater design manual approved for use in Phase II jurisdictions by the Department. All references herein to the Design Manual are to the latest published edition or revision.
Development Any land-disturbing activity that increases the amount of built-upon area or that otherwise decreases the infiltration of precipitation into the soil.
Division. The Division of Water Quality in the Department.
High-density project Any project that exceeds the low-density threshold for dwelling units per acre or built-upon area.
Larger common plan of development or sale Any area where multiple separate and distinct construction or land-disturbing activities will occur under one (1) plan. A plan is any announcement or piece of documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot.
Low-density project
(1) A project is a low -density project if it has no more than two (2) dwelling units per acre or twenty-four percent (24%) built-upon area (BUA) for all residential and non-residential development.
(2) A project with an overall density at or below the relevant low-density threshold, but containing areas with a density greater than the overall project density, may be considered low density as long as the project meets or exceeds the post-construction model practices for low-density projects and locates the higher density in upland areas and away from surface waters and drainageways to the maximum extent practicable.
1-year, 24-hour storm The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in twelve (12) months and with a duration of twenty-four (24) hours.
Owner The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. Owner shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of owner under another description in this definition, such as a management entity.
Redevelopment Any development on previously-developed land, other than a rebuilding activity that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development.
Structural BMP A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount,
timing, or other characteristics; to approximate the pre-development hydrology on a developed site; or to achieve any combination of these goals. Structural BMP includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. Structural BMP is synonymous with "structural practice," "stormwater control facility," "stormwater control practice," "stormwater treatment practice," "stormwater management practice," "stormwater control measures," "structural stormwater treatment systems," and similar terms used in this article.
Substantial progress For the purposes of determining whether sufficient progress has been made on an approved plan, one (1) or more of the following construction activities toward the completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than thirty (30) days; or installation and approval of on-site infrastructure; or obtaining a building permit for the construction and approval of a building foundation. Substantial progress for purposes of determining whether an approved plan is null and void is not necessarily the same as "substantial expenditures" used for determining vested rights pursuant to applicable law. (Ord. of 9/3/13)
Section 9-33401 Purpose.
The purpose of this article is to prevent or minimize stormwater pollution and nuisance conditions associated with land disturbing activities commenced within the Town of Valdese. Nothing in this article shall be construed as creating an exemption from any other local, state, or Federal regulations or permit requirements. (Ord. of 9/3/13)
Section 9-33402 Exemptions.
Activities solely related to agriculture, mining, forestry, or emergency response, as defined in G.S. 113A-52.01, are not subject to this article. (Ord. of 9/3/13)
Section 9-33403 Permit requirements.
(a) No person shall commence any land disturbing activity that will result in the disturbance of one-half (½) acre (twenty-one thousand, seven hundred eighty (21,780) square feet) or more of land without first obtaining a Grading Permit from the Town. To obtain a Grading Permit, an application shall be submitted to the Stormwater Administrator with required information concerning the proposed land disturbing activity. Such information shall include the purpose of the land disturbance, the identification of the property to be graded and its owner, the identification of the person who will perform the grading and be responsible for restoring a stable ground surface, and a sketch plan of the proposed grading and storm water controls. The sketch plan shall show the planned area to be graded, the current and planned directions of stormwater runoff flow, and the planned measures to control on-site soil erosion and off-site sedimentation. The Stormwater Administrator shall not issue a Grading Permit if the application is incomplete or if the application is for an activity that would likely cause stormwater pollution, a nuisance condition, or some other hazard to public health, safety, or welfare. The Stormwater Administrator may issue the Grading Permit subject to such conditions as the Stormwater Administrator determines are necessary in order to prevent or minimize stormwater pollution or nuisance conditions associated with land disturbing activities.
(b) If the proposed activity will disturb one (1) acre or more of land, the activity will be subject to the State of North Carolina Sedimentation Pollution Control Act of 1973 and require the filing of a plan with the State Department of Environment and Natural Resources. A plan approved by the State shall be deemed an approved sketch plan for purposes of this article.
(c) If the proposed activity will disturb one (1) acre or more of land, the activity may also be subject to the Town of Valdese Phase II Stormwater Ordinance and require the filing of a plan pursuant to that ordinance. Land disturbance that is part of a larger common plan of development or sale may be subject to the Phase II Stormwater Ordinance even if the initial grading activity will disturb less than one (1) acre of land. A stormwater permit issued under the Phase II Stormwater Ordinance shall be deemed an approved permit under this article.
(d) If the proposed activity is subject to the Sedimentation Pollution Control Act of 1973 or the Phase II Stormwater Ordinance, the Town shall not issue a Grading Permit until all authorizations required under those laws have been obtained. (Ord. 9/3/13)
Section 9-33404 Control of soil erosion, off-site soil deposits, and other forms of pollution.
(a) If a Grading Permit is issued by the Town, land disturbance may proceed in accordance with the Grading Permit and this article. Barriers, such as silt fence, shall be in place prior to grading in order to contain sediment on site. All reasonable measures, such as gravel aprons, shall be used to prevent the tracking of mud from the site onto public or private streets. The location where stormwater runoff leaves the site shall not be altered, and to the extent practicable, runoff shall not be concentrated. Off-site, adjacent properties shall be protected from damage due to the grading and the resultant runoff. Vegetation, such as grass, shall be planted and established within ninety (90) days from the issuance of the Grading Permit to a degree sufficient to prevent soil erosion. With justification, the Stormwater Administrator may grant an extension of up to ninety (90) additional days.
(b) The Stormwater Administrator may order that work on the site be stopped if it is not in compliance with this article or the Grading Permit. Upon the expiration of the Grading Permit or the Stormwater Administrator ordering that the work be stopped, the Permittee shall cease all grading related activities except as needed to establish vegetation and to control soil erosion and sedimentation. (Ord. 9/3/13)
Section 9-33405 Fees.
The Town may from time to time establish fees relating to Grading Permits such as an application fee and an inspection fee. (Ord. 9/3/13)
Section 9-3501 Illicit discharges and connections.
(a) Illicit discharges. No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the State, any liquid, solid, gas, or other substance, other than stormwater; provided that non-stormwater discharges associated with the following activities are allowed and provided that they do not significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Residential and charity car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the State of North Carolina, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the Town.
Prohibited substances include but are not limited to: oil, anti-freeze, chemicals, animal waste, paints, garbage, and litter.
(b) Illicit connections.
(1) Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-stormwater, other than the exclusions described in subsection (a) above, are unlawful. Prohibited connections include, but are not limited to: floor drains, waste water from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and waste water from septic systems.
(2) Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one (1) year following the effective date of this article. However, the one (1)-year grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat.
(3) Where it is determined that said connection:
a. May result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat; or
b. Was made in violation of any applicable regulation or ordinance, other than this section; the Stormwater Administrator as appoint by the Town Manager shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the Stormwater Administrator shall take into consideration:
1. The quantity and complexity of the work,
2. The consequences of delay,
3. The potential harm to the environment, to the public health, and to public and private property, and
4. The cost of remedying the damage.
(c) Spills.
(1) Spills or leaks of polluting substances released, discharged to, or having the potential to be released or discharged to the stormwater conveyance system, shall be contained, controlled, collected, and properly disposed. All affected areas shall be restored to their preexisting condition.
(2) Persons in control of the polluting substances immediately prior to their release or discharge, and persons owning the property on which the substances were released or discharged, shall immediately notify the Town Fire Chief of the release or discharge, as well as making any required notifications under state and federal law. Notification shall not relieve any person of any expenses related to the restoration, loss, damage, or any other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by State or other law. (Ord. of 9/3/13)
Section 9-3502 Onsite wastewater.
(a) Onsite wastewater.
(1) Operation and maintenance requirements. New and replaced onsite systems for domestic wastewater installed after the effective date of this article shall be subject to the operation and maintenance requirements of the Burke County Public Health Department.
(2) Standards for operation and maintenance. Onsite systems for domestic wastewater shall be operated and maintained so as to avoid adverse effects on surface water and groundwater. Operation and maintenance of onsite systems for domestic wastewater shall be in accordance with the standards of the Burke County Public Health Department.
(3) Enforcement. The Burke County Public Health Department shall be responsible for the enforcement of the installation, operation, and maintenance standards for onsite systems for domestic wastewater within the limits of the Town and the extraterritorial jurisdiction, if any. (Ord. of 9/3/13)
Section 9-3503 Remedies and penalties.
The remedies and penalties provided for violations of this article, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(a) Remedies.
(1) Withholding of certificate of occupancy. The Stormwater Administrator or other authorized agent may refuse to issue a certificate of occupancy for any building or other improvements constructed or being constructed on the site at which the violation is taking place until the applicant or other responsible person cures the violation.
(2) Disapproval of subsequent permits and development approvals. As long as a violation of this article continues and remains uncorrected, the Stormwater Administrator or other authorized agent may withhold, and the Planning Director or Planning Board may disapprove, any request for approval or authorization provided for by land development ordinances applicable to the land on which the violation is occurring.
(3) Injunction, abatements, etc. The Stormwater Administrator, with the written authorization of the Town Manager, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this article. Any person violating this article shall be subject to the full range of equitable remedies provided in the General Statutes or at common law.
(4) Correction, costs as lien, etc. If the violation is deemed dangerous or prejudicial to the public health or public safety, the Stormwater Administrator, with the written authorization of the Town Manager, may cause the violation to be corrected and the costs to be assessed as a lien against the property.
(5) Civil penalties. Violation of this article may subject the violator to a civil penalty in the amount of fifty dollars ($50.00) per day for each day the violation continues. The civil penalty may be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within thirty (30) days after notice of the violation is issued by the Stormwater Administrator.
(Ord. of 9/3/13; Ord. of 5/2/22)