(A)   Intent. It is the intent of this section to restrain influences which are adverse to the property and safe conduct of airport operations in the vicinity of Wilkes County Airport, to prevent creation of conditions hazardous to aircraft operation, to prevent conflict with land development which may result in loss of life and property, and to encourage development that is compatible with airport use characteristics within the intent and purpose of zoning.

   (B)   Airport height limitation zones. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the airport. Such zones are shown on the Official Zoning Map. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established as subclassifications of the Airport Overlay District and are defined as follows:

      (1)   Precision Instrument Runway Approach Zone (AO-A1). The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

      (2)   Runway Larger than Utility Visual Approach Surface (AO-A2). The inner edge of this surface begins at and corresponds with the width of the primary surface and is 1,000 feet wide. This surface rises uniformly at a 20:1 slope to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface along the extended runway centerline.

      (3)   Runway Larger than Utility with a Visibility Minimum as Low as ¾ Mile Nonprecision Instrument Approach Zone (AO-A3). The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

      (4)   Transitional Zone (AO-T). The transitional zones are the areas beneath the transitional surfaces.

      (5)   Horizontal Zone (AO-H). The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

      (6)   Conical Zone (AO-C). The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

   (C)   Airport environs height limitations. Except as otherwise provided in this section, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created under this section to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

      (1)   Precision Instrument Runway Approach Zone (AO-A1). Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

      (2)   Runway Larger than Utility Visual Approach Surface (AO-A2). The inner edge of this surface begins at and corresponds with the width of the primary surface and is 1,000 feet wide. This surface rises uniformly at a 20:1 slope to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface along the extended runway centerline.

      (3)   Runway Larger than Utility with a Visibility Minimum as Low as ¾ Mile Nonprecision Instrument Approach Zone (AO-A3). Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

      (4)   Transitional Zone (AO-T). Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 1,301 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline from the edge of the approach surface.

      (5)   Horizontal Zone (AO-H). Established at a height of 150 feet above the airport elevation or an elevation of 1,451 feet above mean sea level.

      (6)   Conical Zone (AO-C). Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation, or an elevation of 1,651 feet above mean sea level.

      (7)   Expected height limitations. Nothing in this section shall be construed as prohibiting the erection, alteration, or maintenance of any structure or growth of any tree at or to a height which is below the limitations set forth herein.

   (D)   Regulation related to sanitary landfill location. Due to the increased attraction of birds in the vicinity of sanitary landfills and the potential hazards which birds create to aircraft operations, the following provisions shall apply:

      (1)   No sanitary landfill shall be located within 10,000 feet from a runway of any airport.

      (2)   Sanitary landfills which are proposed to be located further than 10,000 feet from a runway of any airport but within the conical surface will be reviewed on a case by case basis by the Town Council, which may in turn consult with the FAA. If, in the opinion of the Town Board or the FAA, the proposed landfill poses a threat to safe aircraft operations, then the landfill shall not be allowed in the proposed location.

   (E)   Use restriction. Notwithstanding any other provision of this section, no use may be made of land or water within any zone established hereunder in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between Airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

   (F)   Legal nonconformities. The owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the town to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the town's expense.

   (G)   Permits and variances.

      (1)   No permit shall be issued with respect to any use within this overlay district unless said use complies with all of the requirements of this section provided, however, that:

         (a)   In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any use or structure except in cases where, because of terrain, land contour, or topographic features, such use or structure would extend above the height limits prescribed for such zones;

         (b)   In areas lying within the limits of the approach zones, no permit shall be required for any use or structure except in cases where such use or structure would extend above the height limit prescribed for such approach zones;

         (c)   In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any use or structure except when such use or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones; and

         (d)   Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree, in excess of any of the height limits established in § 156.603 Gateway Overlay.

      (2)   Any application for a variance with respect to any use within this overlay district shall be accompanied by a written determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace and the airport. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this section. Additionally, no application for variance to the requirements of this section may be considered by the Zoning Board of Adjustment unless a copy of the application has been furnished to the airport manager and the Wilkes County Airport Board for advice as to the aeronautical effects of the variance. If the airport manager and/or the Airport Board does not respond to the application within 30 days after receipt, the Zoning Board of Adjustment may act on its own to grant or deny said application.

      (3)   Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section, and is reasonable under the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Zoning Board of Adjustment, this condition may be modified to require the owner to permit the Town of Wilkesboro, at its own expense, to install, operate, and maintain the necessary markings and lights.

(Res. 2022-23, passed 8-1-2022)

   (A)   Statutory authorization, findings of fact, purpose, and objectives.

      (1)   Statutory authorization. The Legislature of the State of North Carolina has 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 Wilkesboro, North Carolina, does ordain as follows:

      (2)   Findings of fact.

         (a)   The flood prone areas within the jurisdiction of Wilkesboro 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.

         (b)   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.

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

         (a)   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;

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

         (c)   Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

         (d)   Control filling, grading, dredging, and all other development that may increase erosion or flood damage; and

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

      (4)   Objectives. The objectives of this section are to:

         (a)   Protect human life, safety, health and general welfare;

         (b)   Minimize expenditure of public money for costly flood control projects;

         (c)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

         (d)   Minimize prolonged business losses and interruptions;

         (e)   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;

         (f)   Help maintain a stable tax base by providing for the sound use and development of flood prone areas; and

         (g)   Ensure that potential buyers are aware that property is in a special flood hazard area.

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

      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 section.

      AREA OF SHALLOW FLOODING. A designated Zone AO on a community's FIRM with base flood depths determined to be from one to three 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).

      BASE FLOOD. The flood having a 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 FIS. When the BFE has not been provided in a SFHA, 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".

      BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.

      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:

         (a)   The overflow of inland waters; and/or

         (b)   The unusual and rapid accumulation or runoff of surface waters from any source.

      FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the special flood hazard areas have been defined as Zone A.

      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 SFHAs 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 FIS report includes 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 FIRM 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 section, 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 section and other sections of this chapter, 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 foot.

      FREEBOARD. The height added to the 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 BFE 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-290(a)(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 US Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

         (b)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

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

         (d)   Certified as contributing to the historical significance of a historic district designated by a community with a "Certified Local Government (CLG) Program". Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Natural and Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended.

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

      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 section, 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 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 foot as designated in the FIS report.

      POST-FIRM. Construction or other development for which the "start of construction" occurred on or after the effective date of the initial FIRM.

      PRE-FIRM. Construction or other development for which the "start of construction" occurred before the effective date of the initial FIRM.

      PRINCIPALLY ABOVE GROUND. That at least 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 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 SFHAs designated as Zone A1-A30, AE, A, A99 or AO.

      REGULATORY FLOOD PROTECTION ELEVATION. The BFE plus the "freeboard". In SFHAs where BFEs have been determined, this elevation shall be the BFE. In SFHAs where no BFE has been established, this elevation shall be at least two 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 this section 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, and the like.

      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 1% or greater chance of being flooded in any given year, as determined in division (C)(2) of this section.

      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 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-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 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-year period for which the cost equals or exceeds 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 section.

      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 divisions (D) and (E) of this section 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 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.

   (C)   General provisions.

      (1)   Lands to which this chapter applies. This chapter shall apply to all SFHAs within the jurisdiction, including extra-territorial jurisdictions (ETJs), of Wilkesboro and within the jurisdiction of any other community whose governing body agrees, by resolution, to such applicability.

      (2)   Basis for establishing the special flood hazard areas.

         (a)   The SFHAs are those identified under the cooperating technical state (CTS) agreement between the State of North Carolina and FEMA in its FIS and its accompanying FIRMs, for Wilkes County dated March 2, 2009, which are adopted by reference and declared to be a part of this section.

         (b)   The initial FIRMs are as follows for the jurisdictional areas at the initial date: Wilkes County Unincorporated Area, dated May 15, 1991.

      (3)   Establishment of floodplain development permit. A floodplain development permit shall be required in conformance with the provisions of this section prior to the commencement of any development activities within SFHAs determined in accordance with the provisions of division (C)(2) of this section.

      (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 section and other applicable regulations.

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

      (6)   Interpretation. In the interpretation and application of this section, all provisions shall be:

         (a)   Considered as minimum requirements;

         (b)   Liberally construed in favor of the governing body; and

         (c)   Deemed neither to limit nor repeal any other powers granted under state statutes.

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

      (8)   Penalties for violation. Violation of the provisions of this section or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50 or imprisoned for not more than 30 days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent Wilkesboro from taking such other lawful action as is necessary to prevent or remedy any violation.

   (D)   Administration.

      (1)   Designation of Floodplain Administrator. The Zoning Enforcement Officer or his/her designee, hereinafter referred to as the "Floodplain Administrator", is hereby appointed to administer and implement the provisions of this section.

      (2)   Floodplain development application, permit and certification requirements.

         (a)   Application requirements. Application for a floodplain development permit shall be made to the Floodplain Administrator prior to any development activities located within SFHAs. The following items shall be presented to the Floodplain Administrator to apply for a floodplain development permit:

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

               a.   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;

               b.   The boundary of the SFHA as delineated on the FIRM or other flood map as determined in division (C)(2) of this section, or a statement that the entire lot is within the SFHA;

               c.   Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in division (C)(2) of this section;

               d.   The boundary of the floodway(s) or non-encroachment area(s) as determined in division (C)(2) of this section;

               e.   The BFE where provided as set forth in divisions (C)(2), (D)(3), or (E)(4) of this section; and

               f.   The old and new location of any watercourse that will be altered or relocated as a result of proposed development.

            2.   Proposed elevation and method thereof, of all development within a SFHA including but not limited to:

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

               b.   Elevation in relation to mean sea level to which any non-residential structure in Zone AE, A or AO will be floodproofed; and

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

            3.   If floodproofing, a floodproofing certificate (FEMA Form 81-65) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures.

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

               a.   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); and

               b.   Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with division (E)(2)(d)3. of this section when solid foundation perimeter walls are used in Zones A, AO, AE, and A1-30.

            5.   Usage details of any enclosed areas below the lowest floor.

            6.   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.

            7.   Certification that all other local, state and federal permits required prior to floodplain development permit issuance have been received.

            8.   Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of divisions (E)(2)(f) and (E)(2)(g) of this section are met.

            9.   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.

         (b)   Permit requirements. The floodplain development permit shall include, but not be limited to:

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

            2.   The SFHA determination for the proposed development in accordance with available data specified in division (C)(2) of this section;

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

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

            5.   All certification submittal requirements with timelines;

            6.   A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse, as applicable; and

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

         (c)   Certification requirements.

            1.   Elevation certificates. 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.

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

            3.   If a manufactured home is placed within Zone A, AO, AE, or A1-30 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required in accordance with the provisions of division (E)(2)(c)2. of this section.

            4.   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.

            5.   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 divisions (D)(2)(c)1. and (D)(2)(c)2. of this section:

               a.   Recreational vehicles meeting requirements of division (E)(2)(f)1. of this section;

               b.   Temporary structures meeting requirements of division (E)(2)(g) of this section; and

               c.   Accessory structures less than 150 square feet meeting requirements of division (E)(2)(h) of this section.

      (3)   Duties and responsibilities of the Floodplain Administrator. The Floodplain Administrator shall perform, but not be limited to, the following duties:

         (a)   Review all floodplain development applications and issue permits for all proposed development within SFHAs to assure that the requirements of this section have been satisfied.

         (b)   Review all proposed development within SFHAs to assure that all necessary local, state and federal permits have been received.

         (c)   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 FEMA.

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

         (e)   Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of division (E)(6) of this section are met.

         (f)   Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of division (D)(2)(c) of this section.

         (g)   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 division (D)(2)(c) of this section.

         (h)   Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of division (D)(2)(3) of this section.

         (i)   When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of divisions (D)(2)(c) and (E)(2)(b) of this section.

         (j)   Where interpretation is needed as to the exact location of boundaries of the SFHAs, 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 section.

         (k)   When BFE data has not been provided in accordance with the provisions of division (C)(2) of this section, obtain, review, and reasonably utilize any BFE data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to division (E)(4)(b)2. of this section, in order to administer the provisions of this section.

         (l)   When BFE data is provided but no floodway or non-encroachment area data has been provided in accordance with the provisions of division (C)(2) of this section, 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 section.

         (m)   Permanently maintain all records that pertain to the administration of this section and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974 (5 U.S.C. § 552a), as amended.

         (n)   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 this section 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.

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

         (p)   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.

         (q)   Make periodic inspections throughout the SFHAs 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.

         (r)   Follow through with corrective procedures of division (D)(4) of this section.

         (s)   Review, provide input, and make recommendations for variance requests.

         (t)   Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps and studies adopted in accordance with the provisions of division (C)(2) of this section, including any revisions thereto including letters of map change issued by FEMA. Notify state and FEMA of mapping needs.

         (u)   Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR-Fs) and letters of map revision (LOMRs).

      (4)   Corrective procedures.

         (a)   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.

         (b)   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:

            1.   That the building or property is in violation of the floodplain management regulations;

            2.   That a hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten 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

            3.   That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.

         (c)   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, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 180 calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.

         (d)   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 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.

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

      (5)   Variance procedures.

         (a)   The Zoning Board of Adjustment as established by Wilkesboro, hereinafter referred to as the "appeal board", shall hear and decide requests for variances from the requirements of this section.

         (b)   Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as provided in G.S. Ch. 7A.

         (c)   Variances may be issued for:

            1.   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;

            2.   Functionally dependent facilities if determined to meet the definition as stated in division (B) of this section, provided provisions of divisions (D)(5)(i)2., (D)(5)(i)3., and (D)(5)(i)5. of this section have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or

            3.   Any other type of development, provided it meets the requirements of this section.

         (d)   In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other divisions of this section, and:

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

            2.   The danger to life and property due to flooding or erosion damage;

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

            4.   The importance of the services provided by the proposed facility to the community;

            5.   The necessity to the facility of a waterfront location as defined under division (B) of this section as a functionally dependent facility, where applicable;

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

            7.   The compatibility of the proposed use with existing and anticipated development;

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

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

            10.   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

            11.   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.

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

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

         (g)   Any applicant to whom a variance is granted shall be given written notice specifying the difference between the BFE and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.

         (h)   The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to FEMA and the State of North Carolina upon request.

         (i)   Conditions for variances.

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

            2.   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.

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

            4.   Variances shall only be issued prior to development permit approval.

            5.   Variances shall only be issued upon:

               a.   A showing of good and sufficient cause;

               b.   A determination that failure to grant the variance would result in exceptional hardship; and

               c.   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.

         (j)   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 SFHAs provided that all of the following conditions are met:

            1.   The use serves a critical need in the community.

            2.   No feasible location exists for the use outside the SFHA.

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

            4.   The use complies with all other applicable federal, state and local laws.

            5.   The Town of Wilkesboro has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its consideration to grant a variance at least 30 calendar days prior to granting the variance.

   (E)   Provisions for flood hazard reduction.

      (1)   General standards. In all SFHAs the following provisions are required:

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

         (b)   All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

         (c)   All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages;

         (d)   Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding 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;

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

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

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

         (h)   Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this section, shall meet the requirements of "new construction" as contained in this section;

         (i)   Nothing in this section shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this section and located totally or partially within the floodway, 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 section;

         (j)   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 division (D)(5)(j) of this section. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a SFHA 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 division (D)(2)(c) of this section;

         (k)   All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage;

         (l)   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;

         (m)   All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards;

         (n)   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. § 1344;

         (o)   When a structure is partially located in a SFHA, the entire structure shall meet the requirements for new construction and substantial improvements; and

         (p)   When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple BFEs, the provisions for the more restrictive flood hazard risk zone and the highest BFE shall apply.

      (2)   Specific standards. In all SFHAs where BFE data has been provided, as set forth in divisions (C)(2) or (E)(4) of this section, the following provisions, in addition to the provisions of division (E)(1) of this section, are required:

         (a)   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 division (B) of this section.

         (b)   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 division (B) of this section. 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 division (E)(7)(b) of this section. A registered professional engineer or architect shall certify that the floodproofing standards of this division are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in division (D)(2)(c) of this section, along with the operational plan and the inspection and maintenance plan.

         (c)   Manufactured homes.

            1.   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 division (B) of this section.

            2.   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 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 36 inches in height, an engineering certification is required.

            3.   All enclosures or skirting below the lowest floor shall meet the requirements of division (E)(2)(d) of this section.

            4.   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.

         (d)   Elevated buildings. Fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor:

            1.   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;

            2.   Shall be constructed entirely of flood resistant materials at least up to the regulatory flood protection elevation; and

            3.   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:

               a.   A minimum of two flood openings on different sides of each enclosed area subject to flooding;

               b.   The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding;

               c.   If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;

               d.   The bottom of all required flood openings shall be no higher than one foot above the adjacent grade;

               e.   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

               f.   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.

         (e)   Additions/improvements.

            1.   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:

               a.   Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more nonconforming than the existing structure.

               b.   A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

            2.   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.

            3.   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:

               a.   Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction.

               b.   A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

         (f)   Recreational vehicles. Recreational vehicles shall either:

            1.   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

            2.   Meet all the requirements for new construction.

         (g)   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:

            1.   A specified time period for which the temporary use will be permitted. Time specified may not exceed three months, renewable up to one year;

            2.   The name, address, and phone number of the individual responsible for the removal of the temporary structure;

            3.   The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification);

            4.   A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and

            5.   Designation, accompanied by documentation, of a location outside the SFHA, to which the temporary structure will be moved.

         (h)   Accessory structures.

            1.   When accessory structures (sheds, detached garages, and the like) are to be placed within a SFHA, 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 division (E)(1)(a) of this section;

               f.   All service facilities such as electrical shall be installed in accordance with the provisions of division (E)(2)(d) of this section; and

               g.   Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood protection elevation in conformance with the provisions of division (E)(2)(d)3. of this section.

            2.   An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined in division (E)(2)(h)1. of this section does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with division (D)(2)(c) of this section.

      (3)   Reserved.

      (4)   Standards for floodplains without established base flood elevations. Within the SFHAs designated as Approximate Zone A and established in division (C)(2) of this section, where no BFE data has been provided by FEMA, the following provisions, in addition to the provisions of division (E)(1) of this section, shall apply:

         (a)   No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of 20 feet each side from top of bank or five 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; and

         (b)   The BFE used in determining the regulatory flood protection elevation shall be determined based on the following criteria:

            1.   When 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 section and shall be elevated or floodproofed in accordance with standards in divisions (E)(1) and (E)(2);

            2.   When floodway or non-encroachment data is available from a federal, state, or other source, all new construction and substantial improvements within floodway and non-encroachment areas shall also comply with the requirements of divisions (E)(2) and (E)(6);

            3.   All subdivision, manufactured home park and other development proposals shall provide BFE data if development is greater than five acres or has more than 50 lots/manufactured home sites. Such BFE data shall be adopted by reference in accordance with division (C)(2) of this section and utilized in implementing this section; and

            4.   When BFE data is not available from a federal, state, or other sources, the reference level shall be elevated or floodproofed (nonresidential) to or above the regulatory flood protection elevation, as defined in division (B) of this section. All other applicable provisions of division (E)(2) of this section shall also apply.

      (5)   Standards for riverine floodplains with base flood elevations but without established floodways or nonencroachment 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 SFHA on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:

         (a)   Standards of divisions (E)(1) and (E)(2) of this section; and

         (b)   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 foot at any point within the community.

      (6)   Floodways and non-encroachment areas. Areas designated as floodways or non-encroachment areas are located within the SFHAs established in division (C)(2) of this section. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in divisions (E)(1) and (E)(2) of this section, shall apply to all development within such areas:

         (a)   No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless:

            1.   It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain development permit; or

            2.   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;

         (b)   If division (E)(6)(a) of this section is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this section; and

         (c)   No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met:

            1.   The anchoring and the elevation standards of division (E)(2)(c) of this section; and

            2.   The no encroachment standard of division (E)(6)(a) of this section.

      (7)   Standards for areas of shallow flooding (Zone AO). Located within the SFHAs established in division (C)(2) of this section, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to divisions (E)(1) and (E)(2) of this section, all new construction and substantial improvements shall meet the following requirements:

         (a)   The reference level shall be elevated at least as high as the depth number specified on the FIRM, in feet, plus a freeboard of two feet, above the highest adjacent grade; or at least four feet above the highest adjacent grade if no depth number is specified.

         (b)   Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in division (E)(7)(a) of this section 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 divisions (D)(2)(c) and (E)(2)(b) of this section.

         (c)   Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

   (F)   Legal status provisions.

      (1)   Effect on rights and liabilities under the existing flood damage prevention ordinance.

         (a)   This section in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted December 3, 1973, 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 section shall not affect any action, suit or proceeding instituted or pending. All provisions of the Flood Damage Prevention Ordinance of Wilkesboro enacted on December 3, 1973, as amended, which are not reenacted herein are repealed.

         (b)   The date of the initial Flood Damage Prevention Ordinance for Wilkes County is November 12, 2002.

      (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 section; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this section.

(Res. 2022-23, passed 8-1-2022)

   (A)   Purpose. The historical heritage of our town is one of our most valued and important assets. The conservation and preservation of historic districts and landmarks stabilize and increase property values in their areas and strengthen the overall economy of the town. The purpose of establishing local historic districts and landmarks is to encourage the restoration, preservation, rehabilitation and conservation of historically, architecturally, and archaeologically significant areas, structures, buildings, sites, objects and their surroundings; and to review new construction design to ensure compatibility with the character of the district; and to safeguard against any potentially adverse influences which may cause the decline, decay, or total destruction of these important assets. In addition, the preservation of historic districts and landmarks provides for the education, pleasure and enrichment of the residents of Wilkesboro and the state as a whole.

   (B)   Establishment and jurisdiction. Pursuant to G.S. Ch. 160D, Art. 9, Part 4, there is hereby established a commission that shall be known as the Wilkesboro Historic Preservation Commission. Its jurisdiction shall include the Town of Wilkesboro planning and development regulation jurisdiction as shown on the official zoning map. The Commission will consist of nine members appointed by the governing board and will serve without compensation.

   (C)   Membership and organization.

      (1)   Tenure. Members shall be appointed for three-year staggered terms. A member may be reappointed for additional consecutive terms. In the case of a vacancy occurring during a term, such vacancy shall be filled for the unexpired portion of such term.

      (2)   Qualifications. A majority of the members of the Commission shall have demonstrated special interest, experience, or education in history, architecture, archaeology, or related fields; and all members shall reside within the planning and development regulation jurisdiction of the Town of Wilkesboro.

      (3)   Meetings. The Historic Preservation Commission shall establish a meeting time, and shall meet at least monthly, unless there is not sufficient business to warrant a meeting. All meetings of the Commission are subject to the North Carolina Open Meetings Law (“Meetings of Public Bodies”, G.S. Ch. 143, Art. 33C [§§ 143-318.9 through 143-318.18], as amended).

      (4)   Rules of procedure. The Historic Preservation Commission shall adopt and publish Rules of Procedure to govern the conduct of its business. Commission members must take an oath of office before starting his or her duties pursuant to G.S. § 160D-309. Commission members must abide by conflicts of interest standards pursuant to G.S. § 160D-109.

      (5)   Meeting minutes. The Historic Preservation Commission shall keep permanent minutes of all its meetings. The minutes shall record attendance of its members, resolutions, findings, recommendations, and actions.

      (6)   Minor Works Committee. The Historic Preservation Committee established the Minor Works Committee to review works of a minor nature requiring a Certificate of Appropriateness. The committee consists of five members: Commission Chair, Commission Vice Chair, Commission Member, Planning & Community Development Director, and Town Planner.

   (D)   Commission powers. The general duties of the Historic Preservation Commission are to promote, enhance, and preserve the character of the historic overlay district and designated historic landmarks. The Commission shall exercise the following powers as part of their duties:

      (1)   Undertake an inventory of properties of historical, prehistorical, architectural, and/or cultural significance;

      (2)   Recommend to the governing board areas to be designated by ordinance as "Historic Districts" and individual structures, buildings, sites, areas, or objects to be designated by ordinance as "Landmarks";

      (3)   Acquire by any lawful means the fee or any lesser included interest, including options to purchase, to properties within established districts or to any such properties designated as landmarks to hold, manage, preserve, restore, and improve such properties, and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions that will secure appropriate rights of public access and promote the preservation of the property;

      (4)   Restore, preserve, and operate historic properties;

      (5)   Recommend to the governing board that designation of any area as a historic district or part thereof, or designation of any building, structure, site, area, or object as a landmark, be revoked or removed for cause;

      (6)   Conduct an educational program regarding historic properties and districts within its jurisdiction;

      (7)   Cooperate with the state, federal, and local governments in pursuance of the purposes of this section. The governing board or the commission, when authorized by the governing board, may contract with the state, or the United States of America, or any agency of either, or with any other organization provided the terms are not inconsistent with state or federal law;

      (8)   Enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee, or agent of the commission may enter any private building or structure without the express consent of the owner or occupant thereof;

      (9)   Prepare and recommend the official adoption of a preservation element as part of the local government's comprehensive plan;

      (10)   Review and act upon proposals for alterations, demolitions, or new construction within historic districts, or for the alteration or demolition of designated landmarks, pursuant to this section;

      (11)   Negotiate at any time with the owner of a building, structure, site, area, or object for its acquisition or its preservation, when such action is reasonably necessary or appropriate;

      (12)   To publish information, or otherwise inform the owners of property within the historic districts or of designated landmarks, about matters pertinent to its duties, organization, procedures, duties, or requirements; and

      (13)   To exercise such other powers and perform such other duties as are required elsewhere by this section and/or state law.

   (E)   Establishment and amendment procedure.

      (1)   Requests for establishment of an historic district may be made by the governing board, the Planning Board, Planning & Community Development staff, or any interested person.

      (2)   All requests shall first be presented to the Historic Preservation Commission. The requests should include reference to the historical, architectural, or archaeological significance of the proposed district. The Commission will conduct a preliminary investigation to determine the eligibility of the proposed area.

      (3)   If the Commission determines that the proposed area is ineligible to become an historic district, the Commission shall report such determination to the entity that requested the designation. Such report shall be made within 30 days of the Commission's consideration of the request. The report may also include recommendations of if and how the request may be amended in order to make the area eligible as an historic district.

      (4)   If the Commission determines that a proposed area is eligible to become an historic district, it shall notify property owners within the area through first class mail that establishment of an historic district will be considered by the Commission at a specified date and time. The Commission shall hold the public informational meetings and receive questions and comments, after which they shall make refinements to any proposed boundaries.

      (5)   Amendment. The Commission shall prepare and submit a report to the Planning Board and the governing board. The report shall include, but not be limited to, the following information:

         (a)   A boundary description of the area;

         (b)   A map at a scale of not less than one inch represents 200 feet (1" to 200'), showing the boundaries of the proposed area; and

         (c)   A description of the significance of the area, including its buildings, structures, features, sites, or surroundings.

      (6)   Pursuant to review and comment by the governing board, the report shall be forwarded to the North Carolina Department of Natural and Cultural Resources who shall make an analysis of and recommendations concerning such report and description of proposed boundaries to the governing board. Failure of the Department to submit its written analysis and recommendations to the governing within 30 calendar days after a written request for such analysis has been received by the Department of Natural and Cultural Resources shall relieve the town of any responsibility for awaiting such analysis, and the governing board may at any time thereafter take any necessary action to adopt or amend this chapter.

      (7)   Once all of the previous procedural steps have been met, rezoning the proposed area to an historic district shall proceed in the same manner as would otherwise be required for a change to this chapter.

   (F)   Historic district overlay regulations.

      (1)   Permitted uses. All uses permitted in the underlying zoning district shall be permitted in the historic overlay district.

      (2)   Regulation of exterior features. No exterior portion of any building or other structure, nor above-ground utility structure, nor any type of on-premise sign, nor important landscape, or natural features may be erected, altered, restored, moved, or demolished within a historic overlay district until and after a certificate of appropriateness has been approved by the Historic Preservation Commission according to the requirements of division (H) of this section.

   (G)   Historic landmarks. Requests for designation of an historic landmark may be made by the governing board, the Planning Board, Planning & Community Development staff, or any interested person.

      (1)   All requests shall first be presented to the Historic Preservation Commission. The requests should include reference to the historical, architectural, or archaeological significance of the proposed landmark. The Commission will conduct a preliminary investigation to determine the eligibility of the landmark.

      (2)   If the Commission determines that the proposed landmark is ineligible to become an historic landmark, the Commission shall report such determination to the entity that requested the designation. Such report shall be made within 30 days of the Commission's consideration of the request. The report may also include recommendations of if and how the request may be amended in order to improve it.

      (3)   If the Commission determines that the proposed landmark is eligible to become an historic landmark, it shall notify property owners within the area through first class mail that designation of an historic landmark will be considered by the Commission at a specified date and time. The Commission shall hold the public informational meetings and receive questions and comments.

      (4)   The Commission shall prepare and submit a report to the Planning Board and the governing board. The report shall include, but not be limited to, the following information:

         (a)   The name and address of the current property owner;

         (b)   The location of the property proposed to be designated historic, including the street address and tax map and parcel numbers;

         (c)   The date of construction and of any later alterations, if any;

         (d)   An architectural or archaeological description of the area of the site or structure proposed to be designated. If outbuildings or other appurtenant features are proposed for designation, the report shall contain a description of those features;

         (e)   An assessment and historical discussion of the site or structure within its type, period, and locality;

         (f)   Photographs that clearly depict the property proposed for designation, including views of all façades, pertinent details and siting; and

         (g)   A map clearly showing the location and boundaries of the property, including any outbuildings and appurtenant features.

      (5)   Pursuant to review and comment by the governing board, the report shall be forwarded to the North Carolina Department of Natural and Cultural Resources who shall make an analysis of and recommendations concerning such report and description of proposed boundaries to the governing board. Failure of the Department to submit its written analysis and recommendations to the governing within 30 calendar days after a written request for such analysis has been received by the Department of Natural and Cultural Resources shall relieve the town of any responsibility for awaiting such analysis, and the governing board may at any time thereafter take any necessary action to adopt or amend this chapter.

      (6)   The governing board and Historic Preservation Commission shall hold a joint legislative hearing on the proposed ordinance. Notice of the hearings shall be published once a week for two successive calendar weeks in a newspaper generally circulated within the town. Written notice of the hearings shall also be mailed by the Commission to all owners and occupants of properties. All such notices shall be published or mailed not less than ten nor more than 25 days prior to the date set for the public hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.

      (7)   Upon adoption of the ordinance or any amendments thereto, the owners and occupants of each designated historic property shall be given written notification of such designation. One copy of the ordinance and each amendment thereto shall be filed by the Historic Preservation Commission in the office of the County Register of Deeds. Each historic property designated as an historic landmark in the ordinance shall be indexed according to the name of the owner of the property in the grantee and grantor indexes in the Register of Deeds office, and the Historic Preservation Commission shall pay a reasonable fee for filing and indexing. A second copy of the ordinance and of each amendment thereto shall be kept on file in the Town Clerk's office and shall be made available for public inspection at any reasonable time. A third copy of the ordinance and each amendment thereto shall be given to the Wilkes County Building Inspector.

      (8)   Upon adoption of the ordinance or any amendments thereto, it shall be the duty of the Historic Preservation Commission to give notice thereof to the Wilkes County tax assessor. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the assessor in appraising it for tax purposes. The fact that a building, structure, site, area, or object has been designated an historic landmark shall be clearly indicated on all tax maps maintained by the county for such period as the designation remains in effect.

   (H)   Certificates of appropriateness.

      (1)   No exterior portion of any building or other structure (including masonry, walls, fences, light fixtures, steps and pavement, or other appurtenant features) nor above-ground utility structure, nor any type of outdoor advertising sign, nor important landscape and natural features may be erected, altered, restored, moved or demolished on a landmark or within the historic district until and after the property owner or his/her agent has contacted town staff to determine whether the project will require a certificate of appropriateness.

      (2)   The Town of Wilkesboro and all public utility companies shall be required to obtain a certificate of appropriateness for landmarks and in the historic district prior to initiating any changes in the character of street paving, sidewalks, utility installations, lighting, walls, fences, and structures on property, streets, or easements owned or franchised by the State of North Carolina, Town of Wilkesboro, or public utility companies.

      (3)   A certificate of appropriateness shall be issued prior to the issuance of a zoning and building permit or other permit granted for purposes of constructing, altering, moving or demolishing structures. Therefore, a certificate of appropriateness is a prerequisite to the issuance of such a zoning permit or such other permits. Any zoning permits or such other permits not issued in conformity with this section shall be invalid. A certificate of appropriateness shall be required whether or not a building or other permit is required.

   (I)   Maintenance and repair permitted. No certificate of appropriateness shall be required for:

      (1)   The routine maintenance or repair of any exterior architectural feature in an historic district or on an historic landmark that does not involve a change in design, material, or outer appearance;

      (2)   The Commission shall have no jurisdiction over interior arrangement and shall take no action unless it is to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant features, outdoor advertising signs or other significant features which would be incongruous with the special character of a landmark or district;

      (3)   The construction, reconstruction, alteration, restoration, moving, or demolishing of any such feature that the building inspector or similar official shall certify to the property owner and to the Historic Preservation Commission is required by the public safety because of an unsafe condition; and

      (4)   The routine maintenance or repair of streets, sidewalks, pavement markings, utility lines, street signs, traffic signs, and/or replacement of streetlight fixtures in the event of equipment failure, accidental damage, or natural occurrences.

   (J)   Minor works. The Historic Preservation Commission may, after adoption of Design Review Standards, allow the review and approval of a certificate of appropriateness for minor works by town staff. However, no denial of a certificate of appropriateness is allowed without formal action by the Commission.

   (K)   Procedures to obtain a certificate of appropriateness.

      (1)   Applications. Applications for a certificate of appropriateness shall be submitted to the town staff no later than 15 business days prior to the next regularly scheduled meeting of the Historic Preservation Commission. Town staff is responsible for transmitting the application to the Historic Preservation Commission.

      (2)   Notice and hearing. Notice of evidentiary hearings shall be mailed to the person or entity whose application 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 within 100 feet of the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by this chapter. In the absence of evidence to the contrary, the Historic Preservation Commission 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 days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the Historic Preservation Commission 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 Commission 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 Commission meeting without further advertisement. Prior to the issuance or denial of a certificate of appropriateness, the Historic Preservation Commission will give the applicant and other affected property owners and/or residents the opportunity to be heard.

      (3)   Time limit for action. The Historic Preservation Commission shall act upon the application within 60 calendar days after its filing. If the Commission fails to act upon the application within this time shall be deemed to constitute approval and a certificate of appropriateness shall be issued.

      (4)   Decisions. All actions of the Historic Preservation Commission shall be set forth in writing. The Historic Preservation Commission’s final action on an application for a certificate of appropriateness shall be by the passage of a motion to take one of the following actions:

         (a)   Approve the application for a certificate of appropriateness as proposed, and provide in writing the findings on which the decision is based;

         (b)   Approve the application for a certificate of appropriateness subject to specific conditions and/or modifications, providing these conditions of approval in writing; or

         (c)   Disapprove the application for a certificate of appropriateness as proposed, and provide in writing the findings on which the decision is based.

   (L)   Time limit on approval. The applicant shall have 180 days from the date the certificate of appropriateness is approved and issued to procure a building or demolition permit. Failure to procure the permit in this period will be a failure to comply with the certificate of appropriateness and it shall be void. If a building permit is not required, the work must be completed within the 180-day period. If work is commenced but discontinued for a period of 180 days or more, the certificate will be void.

   (M)   Reapplication after denial. If the Historic Preservation Commission determines that a certificate of appropriateness should not be issued, a new application affecting the same property may be submitted only if substantial changes are made in plans for the proposed work.

   (N)   Demolition.

      (1)   An application for a certificate of appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building, structure or site within an historic district may not be denied, except as provided in division (N)(2) of this section. However, the effective date of such a certificate may be delayed for a period of up to 365 days from the date of approval. The Commission shall reduce the maximum period of delay authorized by this section where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period the Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site.

      (2)   An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site or structure determined by the state historic preservation officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.

      (3)   If the Commission has voted to recommend designation of a property as a landmark or designation of an area as a district, and final designation has not been made by the governing board, the demolition or destruction of any building, site or structure located on the property of the proposed landmark or in the proposed district may be delayed by the Commission for a period of up to 180 days or until the governing board takes final action on the designation, whichever comes first.

      (4)   In case any building, structure, site, area or object designated as a landmark or located within the historic district is about to be demolished whether as a result of deliberate neglect or otherwise, materially altered, remodeled, removed or destroyed, except in compliance with this section, the Commission or other party aggrieved by such action may institute any appropriate action or proceeding to prevent such unlawful action.

   (O)   Appeals. Any aggrieved party may take an appeal from the actions of the Historic Preservation Commission to the Zoning Board of Adjustment, whether the application was approved or denied. The appeal shall be taken within 30 calendar days after the decision of the Commission and shall be in the nature of certiorari.

(Res. 2022-23, passed 8-1-2022)

   (A)   Intent. It is the purpose of this section to protect the quality of drinking water for the Town of Wilkesboro by setting standards for the development that occurs within designated public water supply watershed areas. It is further intended that the establishment of watershed regulations reflect the protection of critical environmental areas in accordance with the State of North Carolina's Water Supply Watershed Protection Rules.

   (B)   Authority. The Legislature of the State of North Carolina has, in G.S. § 160A-174, General Ordinance-Making Power, and in G.S. Ch. 143, Art. 21, delegated the responsibility or directed local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

   (C)   Effective date. The provisions in this section were adopted on September 7, 1993 and shall become effective on September 30, 1993.

   (D)   Jurisdiction. The provisions of this section shall apply within the areas designated as a Public Water Supply Watershed by the North Carolina Environmental Management Commission and shall be defined and established on the Official Zoning Map.

   (E)   Existing development. Any existing development as defined in this Charter may be continued and maintained subject to the provisions provided herein. Expansions to structures classified as existing development, must meet the requirements of this section, however, the built-upon area of the existing development is not required to be included in the density calculations.

   (F)   Watershed areas described.

      (1)   For the purpose of this section the Town of Wilkesboro extraterritorial jurisdiction is hereby divided into the following areas:

         (a)   WS-IV-Critical Area; and

         (b)   WS-IV-PA (Protected Area).

      (2)   WS-IV-Critical Area.

         (a)   Only new development activities that require an erosion/sedimentation control plan under state law or approved local programs are required to meet the provisions of this division when located in the WS-IV watershed. In order to address a moderate to high land use intensity pattern, single-family residential uses are allowed at a maximum of two dwelling units per acre. All other residential and non-residential development shall be allowed 24% built-upon area. New sludge application sites and landfills are specifically prohibited.

         (b)   Allowed uses.

            1.   Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990. Agricultural activities conducted after January 1st, 1993 shall maintain a minimum ten foot vegetative buffer, or equivalent control as determined by the Soil and Water Conservation Commission, along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Animal operations greater than 100 animal units shall employ Best Management Practices (July 1, 1994 recommended by the Soil and Water Conservation Commission).

            2.   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.6101-.0209).

            3.   Residential.

            4.   Non-residential development, except, the storage of toxic and hazardous materials unless a spill containment plan is implemented; landfills; and sites for land application of sludge/residuals or petroleum contaminated soils.

         (c)   Density and built-upon limits.

            1.   Single family residential development shall not exceed two dwelling units per acre on a project by project basis. No residential lot shall be less than one-half acre, except within an approved cluster development.

            2.   All other residential and non-residential-development shall not exceed 24% built-upon area on a project by project basis. For the purpose of calculating the built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.

      (3)   WS-IV-Protected Area.

         (a)   Only new development activities that require an erosion/sedimentation control plan under state law or approved local government program are required to meet the provisions of this division when located in a WS-IV watershed. In order to address a moderate to high land use intensity pattern, single-family residential uses shall develop at a maximum of two dwelling units per acres (2 du/ac). All other residential and nonresidential development shall be allowed at a maximum of 24% built-upon area. A maximum of three dwelling units per acre (3 du/ac) or 36% built-upon area is allowed for projects without a curb and gutter street system.

         (b)   Allowed uses.

            1.   Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.

            2.   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.6101-.0209).

            3.   Residential development.

            4.   Non-residential development, excluding the storage of toxic and hazardous materials unless a spill containment plan is implemented.

         (c)   Density and built-upon limits.

            1.   Single family residential development shall not exceed two dwelling units per acre, as defined on a project-by-project basis. No residential lot shall be less than one-half acre (or 20,000 square feet, excluding roadway right-of-way), or one third acre for projects without a curb and gutter street system, except within an approved cluster development.

            2.   All other residential and Non-Residential-development shall not exceed 24% built-upon area on a project-by-project basis. For projects without a curb and gutter street system, development shall not exceed 36% built-upon area on a project-by-project basis. For the purpose of calculating built-upon area, total project area shall include acreage in the tract on which the project is to be developed.

            3.   In addition to the development allowed under divisions (F)(3)(c)1. and (F)(3)(c)2. of this section, new development and expansions to existing development may occupy up to 10% of the protected area with up to 70% built-upon area on a project by project basis, when approved as a special density allocation (SDA). The Watershed Administrator is authorized to approve SDA's consistent with the provisions of this section. Projects must, to the maximum extent practical, minimize built-upon surface area; direct storm waterways from surface waters and incorporate best management practices to minimize water quality impacts. For the purpose of calculating built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.

   (G)   Special density allocations.

      (1)   The Watershed Review Board may grant Special Density Allocations (SDAs) to project sites in the WS-IVPA Watershed Areas. The SDAs may permit up to 70% built upon area on a project by project basis without requiring installation of stormwater control devices. No more than 10% of the WS-IV-PA Watershed Area may be developed under SDAs. At no time may the built upon area of a SDA project site exceed 70% of the total SDA project site.

      (2)   SDA requests must be submitted to the Watershed Administrator, who shall preview the request and submit it to the Watershed Review Committee. The Watershed Review Committee will review the SDA request, and either approve or deny the request. If the request is denied, the applicant may redesign the project and resubmit the request.

      (3)   If the request is approved by the Watershed Review Committee, the Watershed Administrator shall issue a SDA permit. The permit shall be valid for one year from date of issuance. A record of all SDA permits shall be kept on file in the Office of the Watershed Administrator.

      (4)   The following review criteria will be used by the Watershed Review Committee to evaluate SDA requests. The review criteria will be used to encourage applicants to maximize development in the SDA project areas, as well as incorporate measures to improve the water quality and aesthetics of the project area. Projects must have a point total of at least 300 to qualify for a SDA.

 

   (H)   Cluster development. Clustering of development is allowed under the following conditions:

      (1)   Built-upon area or storm water control requirements of the projects shall not exceed that allowed for the critical area or balance of watershed, whichever applies.

      (2)   All built-upon area shall be designed and located to minimize storm water runoff impact to the receiving waters and minimize concentrated storm water flow.

      (3)   The remainder of the tract shall remain in a vegetated or natural state. Where the development has an incorporated property owner association, the title of the open space shall be conveyed to the association for management. Where a property association is not incorporated, a maintenance agreement shall be filed with the Wilkes County Register of Deeds.

   (I)   Buffer areas required.

      (1)   A minimum 30 foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5) minute scale topographic maps or as determined by local government studies. Desirable artificial stream bank or shoreline stabilization is permitted.

      (2)   No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area; direct runoffs away from the surface waters and maximize the utilization of storm water Best Management Practices.

   (J)   Additional requirements for variances within watershed areas.

      (1)   The Zoning Enforcement Officer shall notify in writing each local government having jurisdiction in the watershed. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the Watershed Administrator prior to a decision by the Watershed Review Board. Such comments shall become a part of the record of proceedings of the Watershed Review Board.

      (2)   If the application calls for the granting of a major variance, and if the Watershed Review Board decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:

         (a)   The variance application;

         (b)   The hearing notices;

         (c)   The evidence presented;

         (d)   Motions, offers of proof, objections to evidence, and ruling on them;

         (e)   Proposed findings and exceptions; and

         (f)   The proposed decision, including all conditions proposed to be added to the permit.

      (3)   The preliminary record shall be sent to the Environmental Management Commission for its review as follows:

         (a)   If the commission concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner cannot secure a 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 Commission shall approve the variance as proposed, or approve the proposed variance with conditions and stipulations. The Commission shall prepare a Commission decision and send it to the Watershed Review Board. If the Commission approves the variance as proposed, the Board shall prepare a final decision granting the proposed variance. If the Commission approves the variance with conditions and stipulations, the Board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance.

         (b)   If the Commission 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 a 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 Commission shall deny approval of the variance as proposed. The Commission shall prepare a Commission decision and send it to the Watershed Review Board. The Board shall prepare a final decision denying the variance as proposed.

         (c)   If the application calls for the granting of a minor variance, then the Watershed Review Board may grant such variance if it determines that to do so would not result in a serious threat to the water supply.

      (4)   Powers of the Planning Board.

         (a)   To act as the Watershed Review Board on proposed plats of land subdivision and hear major and minor variance requests related to the subdivisions within the designated Water Supply Watershed.

         (b)   To hear cases concerning major variances, vested rights, administrative reviews and appeals regarding this section or decisions of the Zoning Enforcement Officer in designated Water Supply Watersheds.

(Res. 2022-23, passed 8-1-2022)