Printing - Maggie Valley, NC Code of Ordinances

Transcription

Maggie Valley, NC Code of Ordinances
MAGGIE VALLEY, NORTH CAROLINA CODE OF ORDINANCES
MAGGIE VALLEY, NORTH CAROLINA
CODE OF ORDINANCES
Local legislation current through Ordinance 575, passed 8-21-2007
Published by:
American Legal Publishing Corporation
432 Walnut Street, 12th Floor
Cincinnati, Ohio 45202
Tel: (800) 445-5588
Fax: (513) 763-3562
Email: [email protected]
Internet: http://www.amlegal.com
TOWN OFFICIALS OF MAGGIE VALLEY, NORTH CAROLINA
TOWN OFFICIALS
OF MAGGIE VALLEY, NORTH CAROLINA
MAYOR
MEMBER
MEMBER
MEMBER
MEMBER
TOWN MANAGER
TOWN CLERK
BOARD OF ALDERMEN
Roger McElroy
Phil Aldridge
Mark DeMeola
Colin Edwards
Saralyn Price
TOWN OFFICIALS
Tim Barth
Vickie Best
CHARTER Of The TOWN OF MAGGIE VALLEY
1
CHARTER Of The TOWN OF MAGGIE VALLEY
CHARTER Of The TOWN OF MAGGIE VALLEY / CHAPTER I Incorporation and
Corporate Powers
CHAPTER I
Incorporation and Corporate Powers
Sec. 1-1. Incorporation and Corporate Powers: The inhabitants of the Town of Maggie
Valley are a body corporate and politic under the name of the ‘Town of Maggie Valley’. Under
that name they have all the powers, duties, rights, privileges, and immunities conferred and
imposed on cities by the general law of North Carolina; provided, the Town shall have no
authority to exercise beyond its corporate limits any of the powers granted by Article 19 of
Chapter 160A of the General Statutes, nor any authority to exercise the powers granted by Part 2
of Article 4A of Chapter 160A of the General Statutes; provided further, that all the provisions of
Part 1 of Article 4A of Chapter 160A of the General Statutes shall apply to the Town, but as to
any area petitioned for annexation pursuant to G.S. 160A-31, the Town shall annex such area, but
shall not be required to provide municipal services to such area until such time as the Town is
financially able to do so.
CHARTER Of The TOWN OF MAGGIE VALLEY / CHAPTER II
CHAPTER II
Corporate Boundaries
Article 1. Town Boundaries
Sec. 2-1. Town Boundaries. The boundaries of the Town of Maggie Valley are set out
on a map entitled ‘Maggie Valley, Ivy Hill Township, Haywood County, N. C.,’ surveyed by
Edwards Engineering in March, 1974, and which shall be filed and maintained in the office of
the town clerk, as required by G.S. 160A-23 immediately after incorporation and which shall be
filed in the office of the Register of Deeds of Haywood County.
2
CHARTER Of The TOWN OF MAGGIE VALLEY / CHAPTER III Governing Body
CHAPTER III
Governing Body
Sec. 3-1. Structure of governing body; number of members. The governing body of the
Town of Maggie Valley is the Board of Aldermen, which has five members and the Mayor.
Sec. 3-2. Manner of election of Board. The qualified voters of the entire Town nominate
and elect the members of the Board.
Sec. 3-3. Term of Office of members of the Board. Members of the Board are elected to
two-year terms.
Sec. 3-4. Election of Mayor; term of office. The qualified voters of the entire Town elect
the Mayor. He is elected to a two-year term of office.
CHARTER Of The TOWN OF MAGGIE VALLEY / CHAPTER IV Elections
CHAPTER IV
Elections
Sec. 4-1. Conduct of town elections. Town officers shall be elected on a non-partisan
basis and the results determined by plurality, as provided by G.S. 163-292.
CHARTER Of The TOWN OF MAGGIE VALLEY / CHAPTER V Administration
CHAPTER V
Administration
Sec. 5-1. Town to operate under mayor-council plan. The Town of Maggie Valley
operates under the mayor-council plan as provided in G.S. Chapter 160A, Article 7, Part 3.
3
CHARTER Of The TOWN OF MAGGIE VALLEY / CHAPTER VI Initial Election
CHAPTER VI
Initial Election
Sec. 6-1. Initial members of the Governing Body shall be elected at the general election
on November 5, 1974, pursuant to the general election laws of North Carolina contained in
Chapter 163 of the General Statutes of North Carolina. Regular elections for the Governing
Body shall be held thereafter as provided in the general election laws of North Carolina
contained in Chapter 163 of the General Statutes of North Carolina. The Haywood County
Board of Elections shall conduct this election as well as all other town elections. Members of the
Governing Body shall be sworn in as soon as practical after certification of election results.
Cross-reference:
Charter amendment, see § 31.01
TITLE I: GENERAL PROVISIONS
TITLE I: GENERAL PROVISIONS
Chapter
10.
GENERAL PROVISIONS
TITLE I: GENERAL PROVISIONS / CHAPTER 10: GENERAL PROVISIONS
CHAPTER 10: GENERAL PROVISIONS
10.01
10.02
10.03
10.04
10.05
Title of code
Interpretation
Application to future ordinances
Captions
Definitions
4
10.06
10.07
10.08
10.09
10.10
10.11
10.12
10.13
10.14
10.15
10.16
10.17
10.18
10.99
Rules of interpretation
Severability
Reference to other sections
Reference to offices
Errors and omissions
Official time
Reasonable time; computing time
Ordinances repealed
Ordinances unaffected
Effective date of ordinances
Repeal or modification of ordinances
Ordinances which amend or supplement code
Section histories; statutory references
General penalty
TITLE I: GENERAL PROVISIONS / CHAPTER 10: GENERAL PROVISIONS / § 10.01
TITLE OF CODE.
§ 10.01 TITLE OF CODE.
This codification of ordinances by and for the Town of Maggie Valley shall be designated
as the Code of Maggie Valley, North Carolina, and may be so cited.
INTERPRETATION.
§ 10.02 INTERPRETATION.
Unless otherwise provided herein, or by law or implication required, the same rules of
construction, definition, and application shall govern the interpretation of this code as those
governing the interpretation of state law.
APPLICATION TO FUTURE ORDINANCES.
§ 10.03 APPLICATION TO FUTURE ORDINANCES.
5
All provisions of Title I compatible with future legislation shall apply to ordinances
hereafter adopted amending or supplementing this code unless otherwise specifically provided.
CAPTIONS.
§ 10.04 CAPTIONS.
Headings and captions used in this code other than the title, chapter, and section numbers
are employed for reference purposes only and shall not be deemed a part of the text of any
section.
DEFINITIONS.
§ 10.05 DEFINITIONS.
(A)
General rule. Words and phrases shall be taken in their plain, or ordinary and
usual, sense. However, technical words and phrases having a peculiar and appropriate meaning
in law shall be understood according to their technical import.
(B)
Definitions. For the purpose of this code, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
BOARD OF ALDERMEN. The governing body of the Town of Maggie Valley,
North Carolina.
CHARTER. The Charter of the Town of Maggie Valley, North Carolina.
CODE, THIS CODE, or THIS CODE OF ORDINANCES. This municipal
code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
COUNTY. Haywood County, North Carolina.
GOVERNOR. The Governor of North Carolina.
JOINT AUTHORITY. All words giving a joint authority to 3 or more persons or
officers shall be construed as giving that authority to a majority of those persons or officers.
MAY. The act referred to is permissive.
6
MONTH. A calendar month.
OATH. An affirmation in all cases in which, by law, an affirmation may be
substituted for an oath, and in those cases the words SWEAR and SWORN shall be equivalent to
the words AFFIRM and AFFIRMED.
OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An
officer, office, employee, commission, or department of this municipality unless the context
clearly requires otherwise.
OWNER. Applied to any property, shall include any part owner, joint owner,
tenant in common, joint tenant, or tenant by the entirety, of the whole or a part of the property.
PERSON. Extends to and includes person, persons, firm, corporation,
copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing
a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean
the partners or members thereof, and as applied to corporations, the officers or agents thereof.
PERSONAL PROPERTY. Every species of property except real property.
PRECEDING or FOLLOWING. Next before or next after, respectively.
PROPERTY. Includes real and personal property.
REAL PROPERTY. Includes lands, tenements, and hereditaments.
SHALL. The act referred to is mandatory.
SIDEWALK. Any portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians.
write.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot
STATE. The State of North Carolina.
STREET. Any public way, road, highway, street, avenue, boulevard, parkway,
dedicated alley, lane, viaduct, bridge, and the approaches thereto within the town and shall mean
the entire width of the right-of-way between abutting property lines.
SUBCHAPTER. A division of a chapter, designated in this code by a heading in
the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of
sections related by the subject matter of the heading. Not all chapters have SUBCHAPTERS.
TENANT or OCCUPANT. When applied to a building or land, shall include any
person who occupies the whole or a part of the building or land, whether alone or with others.
7
TOWN. The Town of Maggie Valley, North Carolina.
or otherwise.
WRITTEN. Any representation of words, letters, or figures, whether by printing
YEAR. A calendar year, unless otherwise expressed.
RULES OF INTERPRETATION.
§ 10.06 RULES OF INTERPRETATION.
(A)
Generally. The construction of all ordinances of this town shall be by the
following rules, unless the construction is plainly repugnant to the intent of the legislative body
or of the context of the same ordinance.
(B)
Rules.
(1)
AND or OR. Either conjunction shall include the other as if written
“and/or,” if the sense requires it.
(2)
Acts by assistants. When a statute or ordinance requires an act to be done
which, by law, an agent or deputy as well may do as the principal, the requisition shall be
satisfied by the performance of the act by an authorized agent or deputy.
(3)
Gender; singular and plural; tenses. Words denoting the masculine
gender shall be deemed to include the feminine and neuter genders; words in the singular shall
include the plural, and words in the plural shall include the singular; the use of a verb in the
present tense shall include the future, if applicable.
(4)
General term. A general term following specific enumeration of terms is
not to be limited to the class enumerated unless expressly so limited.
SEVERABILITY.
§ 10.07 SEVERABILITY.
If any provision of this code as now or later amended or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions that can be given
8
effect without the invalid provision or application.
REFERENCE TO OTHER SECTIONS.
§ 10.08 REFERENCE TO OTHER SECTIONS.
Whenever in one section reference is made to another section hereof, the reference shall
extend and apply to the section referred to as subsequently amended, revised, recodified, or
renumbered unless the subject matter is changed or materially altered by the amendment or
revision.
REFERENCE TO OFFICES.
§ 10.09 REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any office, officer, or
employee of this town exercising the powers, duties, or functions contemplated in the provision,
irrespective of any transfer of functions or change in the official title of the functionary.
ERRORS AND OMISSIONS.
§ 10.10 ERRORS AND OMISSIONS.
If a manifest error is discovered, consisting of the misspelling of any words; the omission
of any word or words necessary to express the intention of the provisions affected; the use of a
word or words to which no meaning can be attached; or the use of a word or words when another
word or words was clearly intended to express the intent, the spelling shall be corrected and the
word or words supplied, omitted, or substituted as will conform with the manifest intention, and
the provisions shall have the same effect as though the correct words were contained in the text
as originally published. No alteration shall be made or permitted if any question exists regarding
the nature or extent of the error.
9
OFFICIAL TIME.
§ 10.11 OFFICIAL TIME.
The official time, as established by applicable state and federal laws, shall be the official
time within this town for the transaction of all municipal business.
REASONABLE TIME; COMPUTING TIME.
§ 10.12 REASONABLE TIME; COMPUTING TIME.
(A)
In all cases where an ordinance requires an act to be done in a reasonable time or
requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the
time which is necessary for a prompt performance of the act or the giving of the notice.
(B)
The time within which an act is to be done, as herein provided, shall be computed
by excluding the first day and including the last. If the last day be Sunday, it shall be excluded.
ORDINANCES REPEALED.
§ 10.13 ORDINANCES REPEALED.
This code, from and after its effective date, shall contain all of the provisions of a general
nature pertaining to the subjects herein enumerated and embraced. All prior ordinances
pertaining to the subjects treated by this code shall be deemed repealed from and after the
effective date of this code.
ORDINANCES UNAFFECTED.
10
§ 10.14 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances pertaining to
subjects not embraced in this code shall remain in full force and effect unless herein repealed
expressly or by necessary implication.
EFFECTIVE DATE OF ORDINANCES.
§ 10.15 EFFECTIVE DATE OF ORDINANCES.
All ordinances passed by the legislative body requiring publication shall take effect from
and after the due publication thereof, unless otherwise expressly provided. Ordinances not
requiring publication shall take effect from their passage, unless otherwise expressly provided.
REPEAL OR MODIFICATION OF ORDINANCES.
§ 10.16 REPEAL OR MODIFICATION OF ORDINANCES.
(A)
Whenever any ordinance or part of an ordinance shall be repealed or modified by
a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall
continue in force until the due publication of the ordinance repealing or modifying it when
publication is required to give effect thereto, unless otherwise expressly provided.
(B)
No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given,
secured, or accrued under any ordinance previous to its repeal shall in any way be affected,
released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the
ordinance had continued in force unless it is otherwise expressly provided.
(C)
When any ordinance repealing a former ordinance, clause, or provision shall be
itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or
provision, unless it is expressly provided.
ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
11
§ 10.17 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A)
All ordinances passed subsequent to this code which amend, repeal, or in any way
affect this code may be numbered in accordance with the numbering system hereof and printed
for inclusion herein. When subsequent ordinances repeal any chapter, section, or division, or any
portion thereof, the repealed portions may be excluded from this code by omission from reprinted
pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal,
shall be prima facie evidence that the subsequent ordinances numbered or omitted are readopted
as a new code by the town.
(B)
Amendments to any of the provisions of the code shall be made by amending the
provisions by specific reference to the section number of this code in language substantially
similar to the following: “Section
of the Code of Ordinances, Town of Maggie Valley,
North Carolina, is hereby amended as follows . . .” The new provisions shall then be set out in
full as desired.
(C)
If a new section not heretofore existing in the code is to be added, language
substantially similar to the following shall be used: “The Code of Ordinances, Town of Maggie
Valley, North Carolina, is hereby amended by adding a section, to be numbered
, which
section shall read as follows: . . .” The new section shall then be set out in full as desired.
(D)
All sections, subchapters, chapters, or provisions desired to be repealed must be
specifically repealed by section, subchapter, or chapter number, as the case may be.
SECTION HISTORIES; STATUTORY REFERENCES.
§ 10.18 SECTION HISTORIES; STATUTORY REFERENCES.
(A)
As histories for the code sections, the specific number and passage date of the
original ordinance and any and all amending ordinances, if any, are listed following the text of
the code section. Example: (Ord. 10, passed 5-13-1960; Am. Ord. 15, passed 1-1-1970; Am.
Ord. 20, passed 1-1-1980; Am. Ord. 25, passed 1-1-1985; Am. Ord. 30, passed - -; Am. Ord.
passed 1-1-1995; Am. Ord. passed - -)
(B)
(1)
A statutory cite included in the history indicates that the text of the section
reads substantially the same as the statute. Example: (G.S. § 160A-11) (Ord. 10, passed
1-17-1980; Am. Ord. 20, passed 1-1-1985; Am. Ord. passed - -).
12
(2)
A statutory cite set forth as a “statutory reference” following the text of the
section indicates that the reader should refer to that statute for further information. Example:
§ 39.01 PUBLIC RECORDS AVAILABLE.
This municipality shall make available to any person for inspection or copying all
public records, unless otherwise exempted by state law.
Statutory reference:
For provisions concerning the inspection of public records, see G.S. §§ 132-1 et
seq.
GENERAL PENALTY.
§ 10.99 GENERAL PENALTY.
Any person, firm, or corporation violating any of the provisions of any section or division
of this code of ordinances for which no other penalty is provided, or failing or neglecting or
refusing to comply with same, shall, upon conviction, be guilty of a Class 3 misdemeanor and
subject to a fine not to exceed $50 or imprisonment not to exceed 30 days, and each day that any
of the provisions of this code of ordinances are violated shall constitute a separate offense.
(G.S. § 14-4(a))
Enforcement of ordinances, see G.S. § 160A-175
TITLE III: ADMINISTRATION
TITLE III: ADMINISTRATION
Chapter
30.
TOWN ORGANIZATIONS
31.
CHARTER AMENDMENTS
32.
TOWN PROPERTY
13
TITLE III: ADMINISTRATION / CHAPTER 30: TOWN ORGANIZATIONS
CHAPTER 30: TOWN ORGANIZATIONS
Section
Parks, Recreation, and Festivals Advisory Commission
30.01
30.02
30.03
30.04
30.05
30.06
30.07
30.08
30.09
30.10
30.11
Creation; membership
Appointment of members
Ex officio members
Terms of members
Meetings; quorum
Attendance of members
Compensations of members
Officers; generally
Duties of officers
Duties and responsibilities
Effective date
Planning Board
30.25
30.26
30.27
30.28
30.29
30.30
30.31
30.32
Establishment; qualifications
Tenure
Officers
Meetings
Attendance at meetings
Quorum and voting
Powers of the Board
Effective date
Economic Development Advisory Commission
30.45
30.46
30.47
30.48
30.49
30.50
30.51
30.52
Creation; membership
Appointment of members
Ex officio members
Terms of members
Meetings; quorum
Attendance of members
Compensation of members
Officers; generally
14
30.53
30.54
30.55
Duties of officers
Duties and responsibilities
Effective date
TITLE III: ADMINISTRATION / CHAPTER 30: TOWN ORGANIZATIONS / PARKS,
RECREATION, AND FESTIVALS ADVISORY COMMISSION
PARKS, RECREATION, AND FESTIVALS ADVISORY COMMISSION
RECREATION, AND FESTIVALS ADVISORY COMMISSION / § 30.01 CREATION;
MEMBERSHIP.
§ 30.01 CREATION; MEMBERSHIP.
There is hereby created a parks, recreation, and festivals advisory commission composed
of 7 members, to be known as the Maggie Valley Parks, Recreation, and Festivals Advisory
Commission. Five of the members shall be designated as regular members that shall have
authority to vote and participate on all issues brought before the Commission. Two members
shall be designated as alternate members of the Commission and shall have authority to vote only
in the absence of one or more regular members to maintain a total number of voting members at
a level of five. Alternate members shall be designated as first alternate and second alternate and,
while attending any regular or special meeting of the Commission and serving in the absence of
any regular member, shall have and exercise all the powers and duties of the regular member so
absent.
(Ord. 325, passed 7-29-2003; Am. Ord. 369, passed 3-1-2005)
RECREATION, AND FESTIVALS ADVISORY COMMISSION / § 30.02
APPOINTMENT OF MEMBERS.
§ 30.02 APPOINTMENT OF MEMBERS.
Each member of the Parks, Recreation, and Festivals Advisory Commission shall be
appointed by the Town Board of Aldermen. Initial appointment of the members shall be as
follows: 2 members for terms of 3 years, 2 members for terms of 2 years, and 1 member for a
15
term of 1 year. Alternate members shall initially be appointed for 1-year terms. All subsequent
appointments shall be made for 3-year terms. Any vacancy in the membership shall be filled for
the unexpired term in the same manner as the initial appointment.
RECREATION, AND FESTIVALS ADVISORY COMMISSION / § 30.03 EX OFFICIO
MEMBERS.
§ 30.03 EX OFFICIO MEMBERS.
The Maggie Valley Town Manager and a town staff member designated by the Town
Manager shall be ex officio members of the Commission. The ex officio members will not have
a vote on items coming before the Parks, Recreation, and Festivals Advisory Commission.
RECREATION, AND FESTIVALS ADVISORY COMMISSION / § 30.04 TERMS OF
MEMBERS.
§ 30.04 TERMS OF MEMBERS.
Each member of the Parks, Recreation, and Festivals Advisory Commission shall be
appointed for a 3-year term. Appointments shall be arranged so that approximately 1/3 of the
terms will expire each year. Members of the Commission shall serve at the pleasure of the Town
Board without compensation. Any vacancies will be filled, as needed, by the Town Board. All
terms shall expire on June 30 of the appropriate term of appointment.
RECREATION, AND FESTIVALS ADVISORY COMMISSION / § 30.05 MEETINGS;
QUORUM.
16
§ 30.05 MEETINGS; QUORUM.
Meetings of the Parks, Recreation, and Festivals Advisory Commission shall be held on a
monthly basis, unless determined otherwise by the Commission. The Chairperson or the
Vice-Chairperson may call a special meeting of the Commission by giving each member
48-hours’ notice. A quorum of the Commission shall be in attendance before action of an
official nature can be taken. All provisions of the North Carolina Open Meetings Law shall
apply to this Commission.
ATTENDANCE OF MEMBERS.
§ 30.06 ATTENDANCE OF MEMBERS.
Members who miss more than 3 consecutive regular meetings without notifying the
Chairperson or the Parks, Recreation, and Festivals Director shall be automatically removed from
the Advisory Commission and a request submitted to the Board of Aldermen to reappoint the
position. Absences due to sickness, death, or emergencies shall not affect a member’s status on
the Commission, provided notification is given. The Commission reserves the right to review
reasons for absence and determine whether the absence is excused or unexcused.
COMPENSATIONS OF MEMBERS.
§ 30.07 COMPENSATIONS OF MEMBERS.
Members of the Parks, Recreation, and Festivals Advisory Commission shall serve
without monetary compensation. Members may be reimbursed for travel and subsistence relating
to professional meetings, conferences, and workshops, with the reimbursement being made in
compliance with the general policies of the town.
17
RECREATION, AND FESTIVALS ADVISORY COMMISSION / § 30.08 OFFICERS;
GENERALLY.
§ 30.08 OFFICERS; GENERALLY.
There shall be a Chairperson and Vice-Chairperson of the Parks, Recreation, and
Festivals Advisory Commission. An annual election of the Chairperson and Vice-Chairperson
shall be held by the Commission members, and shall occur at the regular monthly meeting in
July. Officers shall serve for 1 year from election with eligibility for reelection. New officers
shall take office at the subsequent regular meeting in August. If an officer’s appointment to the
Commission is terminated, the Commission shall elect a replacement to this office from its
membership, at the meeting following the termination.
RECREATION, AND FESTIVALS ADVISORY COMMISSION / § 30.09 DUTIES OF
OFFICERS.
§ 30.09 DUTIES OF OFFICERS.
(A)
The Chairperson of the Parks, Recreation, and Festivals Advisory Commission
shall preside at all meetings and sign all documents relative to actions taken by the Commission.
The Chairperson shall appoint all subcommittees, including a nominating committee composed
of 3 Commission members. A nominating committee shall be appointed at or before the May
meeting and shall report at or before the June meeting of the Commission.
(B)
When the Chairperson is absent, the Vice-Chairperson shall perform the duties of
the Chairperson. When both the Chairperson and Vice-Chairperson are absent, those members
present shall select a temporary Chairperson.
(C)
A town staff member designated by the Town Manager shall serve as Secretary to
the Commission, and shall be held responsible for the satisfactory accomplishment of the
secretarial duties. The Secretary shall mail, to all members, copies of official reports and the
official minutes of all regular and special meetings, prior to the next scheduled meeting.
18
RECREATION, AND FESTIVALS ADVISORY COMMISSION / § 30.10 DUTIES AND
RESPONSIBILITIES.
§ 30.10 DUTIES AND RESPONSIBILITIES.
(A)
The Parks, Recreation, and Festivals Advisory Commission shall serve as the
advisory body for the town’s parks, recreation, and festivals activities. The Commission shall
suggest policies to the Town Manager and the Town Board, within its powers and
responsibilities as stated in this subchapter. The Commission shall serve as a liaison between the
department, the town, and citizens of the community. The Commission shall consult with and
advise the Town Manager and the Town Board on matters affecting parks, recreation, and
festivals policies, program, personnel, finances, and the acquisition and disposal of lands and
properties related to the total community parks and recreation program, and to its long-range
projected programs.
(B)
The Parks, Recreation, and Festivals Advisory Commission shall assume duties
for parks and recreation purposes as follows. The Commission shall:
(1)
Make recommendations for the establishment of a system of supervised
parks and recreation for the city;
(2)
Advise in the acceptance by the town of any grant, gift, bequest, or
donation or any personal or real property offered or made available for recreation purposes and
which is judged to be of present or possible future use for recreation. Any gift, bequest of
money, or other property or any grant or devise of real or personal property so acquired shall be
held by the town, used and finally disposed of in accordance with the terms under which the
grant, gift, or devise is made and accepted; and
(3)
Advise in the construction, equipping, operation, and maintenance of
parks, playgrounds, recreation centers, and all buildings and structures necessary or useful to
department function, and advise in regard to other recreation facilities which are owned or
controlled by the town or leased or loaned to the town.
(C)
The Parks, Recreation, and Festivals Advisory Commission shall assume duties
for festivals purposes as follows. The Commission shall:
(1)
Recommend changes in policies and fees for use of the Festival Grounds
for approval by the Town Board;
19
(2)
Review event applications and approve or disapprove them and the terms
for each usage in accord with policies approved by the Town Board;
(3)
regulations; and
Assist in monitoring events for compliance with town rules and
(4)
Advise and assist in recruiting new or additional events that may be
beneficial to the community.
(D)
Other necessary and proper activities as may be needed from time to time.
RECREATION, AND FESTIVALS ADVISORY COMMISSION / § 30.11 EFFECTIVE
DATE.
§ 30.11 EFFECTIVE DATE.
This subchapter shall be in full force and effect from and after 7-29-2005.
TITLE III: ADMINISTRATION / CHAPTER 30: TOWN ORGANIZATIONS /
PLANNING BOARD
PLANNING BOARD
PLANNING BOARD / § 30.25 ESTABLISHMENT; QUALIFICATIONS.
§ 30.25 ESTABLISHMENT; QUALIFICATIONS.
A Planning Board, consisting of 7 members, is hereby established. Five members,
appointed by the Town Board of Alderman, shall be citizens and reside within the town limits of
Maggie Valley. Two members shall reside within the town’s extraterritorial planning
jurisdiction, and shall be appointed by the Haywood County Board of Commissioners; however,
shall the County Board fail to make the appointments within 90 days following receipt of a
20
resolution from the Town Board of Aldermen requesting the appointments, the Town Board may
make the appointments. The members of the Board representing the extraterritorial jurisdiction
shall have equal rights, duties, and privileges with other members of the Board. Members shall
serve without compensation, but may be reimbursed for actual expenses incidental to the
performance of their duties within the limit of funds available to the Board.
(Ord. 438, passed 1-17-2006)
PLANNING BOARD / § 30.26 TENURE.
§ 30.26 TENURE.
Members of the Board shall be appointed to serve terms of 3 years, and until their
respective successors have been appointed and qualified. The terms of the original members may
be staggered so that all terms do not expire simultaneously. Vacancies shall be filled for the
unexpired term only.
(Ord. 438, passed 1-17-2006)
PLANNING BOARD / § 30.27 OFFICERS.
§ 30.27 OFFICERS.
The Board shall elect 1 member to serve as Chair and preside over its meetings and shall
elect 1 Vice Chair to perform the duties of the Chair when the Chair is unable. The term of the
Chair and Vice Chair shall be 1 year, with eligibility for reelection to a second term.
(Ord. 438, passed 1-17-2006)
PLANNING BOARD / § 30.28 MEETINGS.
§ 30.28 MEETINGS.
The Board shall establish a regular meeting schedule, and shall meet at least monthly and
21
more often as it shall determine and require. All meetings of the Board shall be open to the
public, and reasonable notice of the time and place thereof shall be given to the public, in accord
with G.S. Chapter 143, Article 33C. The Board shall keep a record of its meetings, including
attendance of its members, its resolutions, findings, recommendations, and actions. In the case of
a divided vote on any question on which the Board is required to act, the record shall include the
vote of each member.
(Ord. 438, passed 1-17-2006)
PLANNING BOARD / § 30.29 ATTENDANCE AT MEETINGS.
§ 30.29 ATTENDANCE AT MEETINGS.
Any member of the Board who misses more than 3 consecutive regular meetings, or more
than 1/2 the regular meetings in a calendar year, shall lose his or her status as a member of the
Board, and shall be replaced or re-appointed by the Town Board of Aldermen or Haywood
County Commissioners, as appropriate. Absence due to a sickness, death, or other emergencies
of like nature shall be recognized as excused absences, and shall not affect the member’s status
on the Board, except that in the event of a long illness or other such cause for prolonged absence,
the member shall be replaced.
(Ord. 438, passed 1-17-2006)
PLANNING BOARD / § 30.30 QUORUM AND VOTING.
§ 30.30 QUORUM AND VOTING.
A quorum of the Board, necessary to take any official action, shall consist of 4 members.
The concurring vote of a simple majority of those members present shall be necessary to take any
official action.
(Ord. 438, passed 1-17-2006)
PLANNING BOARD / § 30.31 POWERS OF THE BOARD.
22
§ 30.31 POWERS OF THE BOARD.
(A)
Generally. The powers and duties of the Planning Board are as follows.
(B)
Specifically.
(1)
Acquire and maintain in current form the basic information and materials
as are necessary to an understanding of past trends, present conditions, and forces at work to
cause changes in these conditions;
(2)
Prepare and, from time to time, amend and revise a comprehensive and
coordinated plan for the physical development of the area. The comprehensive plan shall be the
Planning Board’s recommendations to the Town Board of Aldermen for the development of the
town, including, among other things, the general location, character, and extent of streets,
bridges, playgrounds, parks, and other public ways, grounds, and open space; the general location
and extent of public utilities; whether publicly or privately owned or operated, the removal,
relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of
the foregoing ways, buildings, grounds, open spaces, property, utilities, and the most desirable
pattern of land use within the area;
(3)
Prepare and recommend ordinances promoting orderly development of the
area in accordance with the adopted land use plan, including a zoning ordinance and subdivision
regulations. The Planning Board may initiate, from time to time, proposals for amendment of the
zoning ordinance and of subdivision regulations based upon its studies. In addition, it shall
review and make recommendations to the Town Board of Aldermen concerning all proposed
amendments to the zoning ordinance and subdivision regulations;
(4)
Determine whether specific proposed development conforms to the
principles and requirements of the comprehensive plan of the area and to make recommendations
concerning them;
(5)
Issues preliminary and final plat approval or as stated in the Subdivision
Ordinance;
(6)
Keep the Town Board of Aldermen and general public informed and
advised as to these matters;
(7)
Make other recommendations which it sees fit for improving the
development of the area; and
(8)
To exercise any other powers and to perform any other duties as are
authorized or required elsewhere in this subchapter, the North Carolina General Statutes, or by
23
the Board of Aldermen.
(Ord. 438, passed 1-17-2006)
PLANNING BOARD / § 30.32 EFFECTIVE DATE.
This subchapter shall be in full force and in effect from and after 1-17-2006.
(Ord. 438, passed 1-17-2006)
ECONOMIC DEVELOPMENT ADVISORY COMMISSION
ECONOMIC DEVELOPMENT ADVISORY COMMISSION
ECONOMIC DEVELOPMENT ADVISORY COMMISSION / § 30.45 CREATION;
MEMBERSHIP.
§ 30.45 CREATION; MEMBERSHIP.
There is hereby created an economic development advisory commission composed of 7
members, to be known as the Maggie Valley Economic Development Advisory Commission.
Five of the members shall be designated as regular members that shall have authority to vote and
participate on all issues brought before the Commission. Two members shall be designated as
alternate members of the Commission and shall have authority to vote only in the absence of one
or more regular members to maintain a total number of voting members at a level of five.
Alternate members shall be designated as first alternate and second alternate and, while attending
any regular or special meeting of the Commission and serving in the absence of any regular
member, shall have and exercise all the powers and duties of the regular member so absent.
(Ord. 397, passed 9-6-2005)
24
ECONOMIC DEVELOPMENT ADVISORY COMMISSION / § 30.46 APPOINTMENT
OF MEMBERS.
§ 30.46 APPOINTMENT OF MEMBERS.
Each member of the Economic Development Advisory Commission shall be appointed by
and serve at the pleasure of the Town Board of Aldermen. Initial appointment of the members
shall be as follows: 2 members for terms of 3 years, 2 members for terms of 2 years, and 1
member for a term of 1 year. Alternate members shall initially be appointed for 1-year terms.
All subsequent appointments shall be made for 3-year terms. Any vacancy in the membership
shall be filled for the unexpired term in the same manner as the initial appointment.
(Ord. 397, passed 9-6-2005)
ECONOMIC DEVELOPMENT ADVISORY COMMISSION / § 30.47 EX OFFICIO
MEMBERS.
§ 30.47 EX OFFICIO MEMBERS.
The Maggie Valley Town Manager, town staff members designated by the Town
Manager, and the town’s representative to the Haywood County EDC shall be ex officio
members of the Commission. The ex officio members will not have a vote on items coming
before the Economic Development Advisory Commission.
(Ord. 397, passed 9-6-2005)
ECONOMIC DEVELOPMENT ADVISORY COMMISSION / § 30.48 TERMS OF
MEMBERS.
§ 30.48 TERMS OF MEMBERS.
Each member of the Economic Development Advisory Commission shall be appointed
for a 3-year term. Appointments shall be arranged so that approximately 1/3 of the terms will
expire each year. Members of the Commission shall serve at the pleasure of the Town Board
without compensation. Any vacancies will be filled, as needed, by the Town Board. All terms
25
shall expire on June 30 of the appropriate term of appointment.
(Ord. 397, passed 9-6-2005)
ECONOMIC DEVELOPMENT ADVISORY COMMISSION / § 30.49 MEETINGS;
QUORUM.
§ 30.49 MEETINGS; QUORUM.
Meetings of the Economic Development Advisory Commission shall be held on a
monthly basis, unless determined otherwise by the Commission. The Chairperson or the
Vice-Chairperson may call a special meeting of the Commission by giving each member
48-hours’ notice. A quorum of the Commission shall be in attendance before action of an
official nature can be taken. All provisions of the North Carolina Open Meetings Law shall
apply to this Commission.
(Ord. 397, passed 9-6-2005)
ECONOMIC DEVELOPMENT ADVISORY COMMISSION / § 30.50 ATTENDANCE
OF MEMBERS.
§ 30.50 ATTENDANCE OF MEMBERS.
Members who miss more than 3 consecutive regular meetings without notifying the
Chairperson shall be automatically removed from the Advisory Commission and a request
submitted to the Board of Aldermen to reappoint the position. Absences due to sickness, death,
or emergencies shall not affect a member’s status on the Commission provided notification is
given.
(Ord. 397, passed 9-6-2005)
ECONOMIC DEVELOPMENT ADVISORY COMMISSION / § 30.51
COMPENSATIONS OF MEMBERS.
26
§ 30.51 COMPENSATIONS OF MEMBERS.
Members of the Economic Development Advisory Commission shall serve without
monetary compensation. Members may be reimbursed for travel and subsistence relating to
professional meetings, conferences, and workshops, with the reimbursement being made in
compliance with the general policies of the town.
(Ord. 397, passed 9-6-2005)
ECONOMIC DEVELOPMENT ADVISORY COMMISSION / § 30.52 OFFICERS;
GENERALLY.
§ 30.52 OFFICERS; GENERALLY.
There shall be a Chairperson and Vice-Chairperson of the Economic Development
Advisory Commission. An annual election of the Chairperson and Vice-Chairperson shall be
held by the Economic Development Advisory Commission members, and shall occur at the
regular monthly meeting in July. Officers shall serve for 1 year from election with eligibility for
reelection. New officers shall take office at the subsequent regular meeting in August. If an
officer’s appointment to the Commission is terminated, the Commission shall elect a replacement
to this office from its membership, at the meeting following the termination.
(Ord. 397, passed 9-6-2005)
ECONOMIC DEVELOPMENT ADVISORY COMMISSION / § 30.53 DUTIES OF
OFFICERS.
§ 30.53 DUTIES OF OFFICERS.
(A)
The Chairperson of the Economic Development Advisory Commission shall
preside at all meetings and sign all documents relative to actions taken by the Commission. The
Chairperson shall appoint all subcommittees, including a nominating committee composed of 3
Commission members. A nominating committee shall be appointed at or before the May
meeting and shall report at or before the June meeting of the Commission.
27
(B)
When the Chairperson is absent, the Vice-Chairperson shall perform the duties of
the Chairperson. When both the Chairperson and Vice-Chairperson are absent, those members
present shall select a temporary Chairperson.
(C)
A town staff member designated by the Town Manager shall serve as Secretary to
the Commission, and shall be held responsible for the satisfactory accomplishment of the
secretarial duties. The Secretary shall mail, to all members, copies of official reports and the
official minutes of all regular and special meetings, prior to the next scheduled meeting.
(Ord. 397, passed 9-6-2005)
ECONOMIC DEVELOPMENT ADVISORY COMMISSION / § 30.54 DUTIES AND
RESPONSIBILITIES.
§ 30.54 DUTIES AND RESPONSIBILITIES.
(A)
The Economic Development Advisory Commission shall serve as the advisory
body for the town’s economic development activities. The Commission shall suggest policies to
the Town Manager and the Town Board, within its powers and responsibilities as stated in this
subchapter. The Commission shall serve as a liaison between businesses, the town, and citizens
of the community. The Commission shall consult with and advise the Town Manager and the
Town Board on matters affecting economic development policies and programs.
(B)
The Economic Development Advisory Commission shall assume duties for
economic development purposes as follows. The Commission shall:
(1)
Make recommendations for the establishment of a system of incentives
that will ensure continued interest in both commercial and residential growth in Maggie Valley;
(2)
Work with the Haywood County EDC (Economic Development
Commission) and the Maggie Valley Chamber of Commerce to develop programs to supplement
or enhance their efforts;
(3)
Be aware of economic trends and indicators that may affect economic
development in Maggie Valley and the surrounding area;
(4)
Advise and assist in recruiting new businesses or the expansion of existing
businesses that may be beneficial to the community; and
(5)
Other necessary and proper activities as may be needed from time to time,
or as requested by the Board of Aldermen.
28
(Ord. 397, passed 9-6-2005)
ECONOMIC DEVELOPMENT ADVISORY COMMISSION / § 30.55 EFFECTIVE
DATE.
This subchapter shall be in full force and effect from and after 9-6-2005.
(Ord. 397, passed 9-6-2005)
TITLE III: ADMINISTRATION / CHAPTER 31: CHARTER AMENDMENTS
CHAPTER 31: CHARTER AMENDMENTS
Section
31.01
Governing body; membership, terms of office, and the like
TITLE III: ADMINISTRATION / CHAPTER 31: CHARTER AMENDMENTS / § 31.01
GOVERNING BODY; MEMBERSHIP, TERMS OF OFFICE, AND THE LIKE.
§ 31.01 GOVERNING BODY; MEMBERSHIP, TERMS OF OFFICE, AND THE LIKE.
(A)
Pursuant to G.S. 160A-101 and 160A-102, the Charter of the Town of Maggie
Valley, as set forth in Chapter 1337 of the Sessions Laws of 1973, second session, 1974,
(General Assembly of North Carolina), as amended, is hereby further amended to provide that
the number of Aldermen shall hereafter be four; the Mayor of the Town of Maggie Valley shall
hereafter have the right to vote on all matters before the Board of Aldermen; the Mayor shall
hereafter be elected for 4-year terms; the members of the Board of Aldermen shall hereafter be
elected for 4-year terms on a staggered basis as follows: at the regular municipal election to be
held in 1987 the 2 candidates who receive the highest number of votes shall be elected for 4-year
terms, while the 2 candidates who receive the next highest number of votes shall be elected for
2-year terms. A regular municipal election shall then be held every 2 years thereafter, and at each
election two members of the Board of Aldermen shall be elected to serve for four-year terms.
29
(B)
Subject to any referendum petitioned for and conducted pursuant to G.S.
160A-103, this Ordinance shall be in full force and effect from and after the date of the regular
municipal election to be held in 1987, and this Ordinance shall be implemented in order to apply
to the regular municipal election to be held on November 3, 1987.
(Ord. 77, passed 6-16-1987)
TITLE III: ADMINISTRATION / CHAPTER 32: TOWN PROPERTY
CHAPTER 32: TOWN PROPERTY
Section
32.01
Surplus property
TITLE III: ADMINISTRATION / CHAPTER 32: TOWN PROPERTY / § 32.01
SURPLUS PROPERTY.
§ 32.01 SURPLUS PROPERTY.
(A)
In accordance with G.S. § 160A-266(c), the Town Manager is hereby designated
to declare surplus any personal property valued at less than $5,000 for any 1 item or a group of
items, to set its fair market value, and to convey title to the property for the town. The personal
property must be sold or exchanged.
(B)
At the next regularly scheduled Board of Aldermen meeting, the Town Manager
shall report in writing to the Mayor and Board of Aldermen on any property sold or exchanged,
and the amount or money or other consideration received for each sale or exchange.
(Ord. 521, passed 2-20-2007)
TITLE V: PUBLIC WORKS
TITLE V: PUBLIC WORKS
Chapter
30
50.
SEWER USE
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE
CHAPTER 50: SEWER USE
Section
General Provisions
50.001
50.002
50.003
Purpose and policy
Definitions and abbreviations
Conflict
General Sewer Use Requirements
50.015
50.016
50.017
50.018
50.019
50.020
50.021
50.022
50.023
Prohibited discharge standards
State requirements
Right of revision
Dilution
Pretreatment of wastewater
Hauled wastewater
Use of public sewers required
Construction requirements
Building sewers and connections
Fees
50.035
50.036
50.037
Purpose
User charges
Surcharges
50.050
50.051
50.052
Wastewater dischargers
Wastewater discharge permits
Grease trap/interceptor standards and requirements
Reporting Requirements
50.065
50.066
50.067
50.068
Reports from unpermitted users
Notification of the discharge of hazardous waste
Timing
Record keeping
Wastewater Discharge Permits
31
Compliance Monitoring
50.080
50.081
50.082
Monitoring facilities
Inspection and sampling
Search warrants
Confidential Information
50.095
Generally
Water and Sewer Services Extension Policy
50.110
50.999
Adopted by reference
Penalty
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE / GENERAL PROVISIONS
GENERAL PROVISIONS
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE / GENERAL PROVISIONS /
§ 50.001 PURPOSE AND POLICY.
§ 50.001 PURPOSE AND POLICY.
(A)
This chapter sets forth uniform requirements for direct and indirect contributors
into the wastewater collection and treatment system for the Town of Maggie Valley, hereafter
referred to as the town, and enables the town to comply with all applicable state and federal laws,
including the Clean Water Act of 1977 (33 U.S.C. §§ 1251 et seq.) and the General Pretreatment
Regulations (40 C.F.R. pt. 403).
(B)
The objectives of this chapter are:
(1)
To prevent the introduction of pollutants into the municipal wastewater
system which will interfere with the operation of the system or contaminate the resulting sludge;
(2)
To prevent the introduction of pollutants into the municipal wastewater
system which will pass through the system, inadequately treated, into any waters of the state or
otherwise be incompatible with the system;
(3)
To protect municipal personnel who may be affected by sewage, sludge,
and effluent in the course of their employment, as well as protecting the general public;
(4)
To provide for the equitable distribution of the cost of operation,
32
maintenance, and improvement of the municipal wastewater system; and
(5)
To ensure that the municipality complies with its NPDES or non-discharge
permit conditions, sludge use and disposal requirements, and any other federal or state laws to
which the municipal wastewater system is subject.
(C)
This chapter provides for the regulation of direct and indirect contributors to the
municipal wastewater system, through the issuance of permits to certain nondomestic users and
through enforcement of general requirements for the other users, authorizes monitoring and
enforcement activities, requires user reporting, and provides for the setting of fees for the
equitable distribution of costs resulting from the program established herein.
(D)
This chapter shall apply to all users of the town’s wastewater system either within
or outside of the town limits, as authorized by G.S. §§ 160A-312 and/or 153A-275. The town
shall designate an administrator of the publically-owned treatment works (POTW) hereafter
referred to as the POTW Director. Except as otherwise provided herein, the POTW Director
shall administer, implement, and enforce the provisions of this chapter. Any powers granted to
or imposed upon the POTW Director may be delegated by the POTW Director to other town
personnel.
(E)
It is the intent of the Town of Maggie Valley to extend sewer service only to those
subdivisions, or other uses of land, that are laid out and constructed in accordance with the
town’s zoning and subdivision ordinances. Therefore, nothing contained herein is intended to
grant any authority to any individual to allow sewer collection to any subdivision, RV park,
campground, commercial development, or other use of property, whether located within the
corporate limits or not, unless that use of property was laid out and constructed in accordance
with the town’s zoning and subdivision ordinances as they now exist or as they may be amended
from time to time.
(Ord. 270, passed 10-16-2001)
(Ord. 256, passed 4-17-2001)
§ 50.002 DEFINITIONS AND ABBREVIATIONS.
§ 50.002 DEFINITIONS AND ABBREVIATIONS.
(A)
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ACT or THE ACT. The Federal Water Pollution Control Act, also known as the
33
Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
APPROVAL AUTHORITY. The Director of the Division of Water Quality in the
North Carolina Department of Environment and Natural Resources or his or her designee.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory procedures for 5 days at
20°C, usually expressed as a concentration (e.g., mg/l).
to the POTW.
BUILDING SEWER. A sewer conveying wastewater from the premises of a user
BYPASS. The intentional diversion of waste streams from any portion of a user’s
treatment facility.
state.
DIRECT DISCHARGE. The discharge of wastewater into any waters of the
DIRECTOR. The person designated by the town to supervise the operation of the
publicly-owned treatment works and who is charged with certain duties and responsibilities by
this chapter or his or her duly authorized representative.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S.
Environmental Protection Agency, or where appropriate the term may also be used as a
designation for the Administrator or other duly authorized official of the agency.
FOOD SERVICE ESTABLISHMENT. A facility discharging kitchen or food
preparation wastewaters such as restaurants, motels, hotels, cafeterias, delicatessens,
meat-cutting preparations, bakeries, hospitals, schools, bars, or any other facility which, in the
town’s discretion, would require a grease trap installation by virtue of its operation.
GRAB SAMPLE. A sample which is taken from a waste stream on a 1-time basis
without regard to the flow in the waste stream and without consideration of time.
GREASE INTERCEPTOR/GREASE TRAP. A device utilized to effect the
separation of grease and oils in wastewater effluent from a food service establishment. The traps
or interceptors may be of the outdoor or underground type normally of a 1,000-gallon capacity or
more, or the under-the-counter package units which are typically less than 100-gallon capacity.
For the purpose of this definition, the words TRAP and INTERCEPTOR are used
interchangeably.
HOLDING TANK WASTE. Any waste from holding tanks, including, but not
limited to, such holding tanks as vessels, chemical toilets, campers, trailers, septic tanks, and
vacuum-pump tank trucks.
34
INDIRECT DISCHARGE or DISCHARGE. The discharge or the introduction
from any nondomestic source regulated under § 307(b), (c), or (d) of the Act, (33 U.S.C. § 1317)
into the POTW (including holding tank waste discharged into the system).
INTERFERENCE. The inhibition or disruption of the POTW treatment
processes, operations, or its sludge process, use, or disposal, which causes or contributes to a
violation of any requirement of the POTW’s NPDES or non-discharge permit or prevents sewage
sludge use or disposal in compliance with specified applicable state and federal statutes,
regulations, or permits. The term includes prevention of sewage sludge use or disposal by the
POTW in accordance with § 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines, or
regulations developed pursuant to the Solid Waste Disposal Act (SWDA) (42 U.S.C. §§ 6901 et
seq.), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and
Sanctuary Act (MPRSA), or more stringent state criteria (including those contained in any state
sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of
disposal or use employed by the POTW.
MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes, and dialysis wastes.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or
CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with section § 307(b) and (c) of the Act (33 U.S.C. §
1317) which applies to a specific category of industrial user.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342), or pursuant to G.S.
§ 143-215.1 by the state under delegation from EPA.
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE
DISCHARGE STANDARD. Absolute prohibitions against the discharge of certain substances.
These prohibitions appear in § 50.015 of this chapter and are developed under the authority of §
307(b) of the Act and 40 C.F.R. pt. 403.5.
NEW SOURCE. Any source, the construction of which is commenced after the
publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) Categorical
Pretreatment Standards which will be applicable to the source, if the standard is thereafter
promulgated within 120 days of proposal in the Federal Register. Where the standard is
promulgated later than 120 days after proposal, a NEW SOURCE means any source, the
construction of which is commenced after the date of promulgation of the standard.
NON-DISCHARGE PERMIT. A disposal system permit issued by the state
pursuant to G.S. § 143-215.1.
35
PASS THROUGH. A discharge which exits the POTW into waters of the state in
quantities or concentrations which, alone or with discharges from other sources, causes a
violation, including an increase in the magnitude or duration of a violation, of the POTW’s
NPDES or non-discharge permit, or a downstream water quality standard.
PERSON. Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental entity, or any other
legal entity, or their legal representatives, agents, or assigns. This definition includes all federal,
state, and local government entities.
pH. A measure of the acidity or alkalinity of a substance, expressed as standard
units, and calculated as the logarithm (base 10) of the reciprocal of the concentration of hydrogen
ions expressed in grams per liter of solution.
POLLUTANT. Any WASTE as defined in G.S. § 143-213(18) and dredged spoil,
solid incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand,
cellar dirt, and industrial, municipal, and agricultural waste and certain characteristics of
wastewater (e.g., pH. temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
POLLUTION. The human-made or human-induced alteration of the chemical,
physical, biological, and radiological integrity of water.
POTW DIRECTOR. The Town Manager of Maggie Valley is designated with
the responsibility for the enforcement of this chapter.
POTW TREATMENT PLANT. The portion of the POTW designed to provide
treatment to wastewater.
PRETREATMENT or TREATMENT. The reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in
wastewater prior to or in lieu of discharging or otherwise introducing the pollution into a POTW.
The reduction or alteration can be obtained by physical, chemical, or biological processes, or
process changes or other means except by diluting the concentration of the pollutants.
PUBLICLY-OWNED TREATMENT WORKS (POTW) or MUNICIPAL
WASTEWATER SYSTEM. A treatment works as defined by § 212 of the Act (33 U.S.C. §
1292) which is owned in this instance by the town. This definition includes any devices or
systems used in the collection, storage, treatment, recycling, and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other
conveyances only if they convey wastewater to the POTW treatment plant. For the purposes of
this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from
persons outside the town who are, by contract or agreement with the town, or in any other way,
36
users of the POTW of the town.
SIGNIFICANT INDUSTRIAL USER. Any industrial user of the wastewater
disposal system who has a process wastewater flow of 5% of the treatment plant capacity or .75
MGD or more per day.
SIGNIFICANT NONCOMPLIANCE or REPORTABLE NONCOMPLIANCE.
A status of noncompliance defined as follows:
(a)
Violations of wastewater discharge limits:
1.
Any violation(s) of an effluent limit (average or daily
maximum) that the control authority believes has caused, alone or in combination with other
discharges, interference or pass through; or endangered the health of the sewage treatment plant
personnel or the public; and
2.
Any discharge of a pollutant that has caused imminent
endangerment to human health/welfare or to the environment and has resulted in the POTW’s
exercise of its emergency authority to halt or prevent such a discharge.
(b)
Violations of compliance schedule milestones, contained in a
pretreatment permit or enforcement order, for starting construction, completing construction, and
attaining final compliance by 90 days or more after the schedule date;
(c)
Failure to provide reports for compliance schedule, self-monitoring
data, baseline monitoring reports, 90-day compliance reports, and periodic compliance reports
within 30 days from the due date;
(d)
(e)
considers to be significant.
Failure to accurately report noncompliance; and
Any other violation or group of violations that the control authority
SLUG LOAD. Any discharge at a flow rate or concentration which could cause a
violation of the prohibited discharge standards in § 50.015 of this chapter.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification
pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the
President, Office of Management and Budget, 1987.
STORM WATER. Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUSPENDED SOLIDS. The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory
37
filtering.
WASTEWATER. The liquid- and water-carried industrial or domestic wastes
from dwellings, commercial buildings, mobile sources, treatment facilities and institutions,
together with any groundwater, surface water, and storm water that may be present, whether
treated or untreated, which are contributed into or permitted to enter the POTW.
WASTEWATER PERMIT. As set forth in § 50.051 of this chapter.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other
bodies or accumulations of water, surface or underground, natural or artificial, public or private,
which are contained within, flow through, or border upon the state or any portion thereof.
(B)
This chapter is gender neutral and the masculine gender shall include the feminine
and vice versa.
(C)
SHALL is mandatory; MAY is permissive or discretionary.
(D)
The use of the singular shall be construed to include the plural and the plural shall
include the singular as indicated by the context of its use.
(E)
meanings.
The following abbreviations, when used in this chapter, shall have the designated
BOD. Biochemical Oxygen Demand.
C.F.R. Code of Federal Regulations.
COD. Chemical Oxygen Demand.
EPA. Environmental Protection Agency.
gpd. Gallons per day.
G.S. North Carolina General Statutes.
l. Liter.
mg. Milligrams.
mg/l. Milligrams per liter.
NPDES. National Pollution Discharge Elimination System.
O&M. Operation and Maintenance.
38
POTW. Publicly-Owned Treatment Works.
RCRA. Resource Conservation and Recovery Act.
SIC. Standard Industrial Classification.
SWDA. Solid Waste Disposal Act.
TKN. Total Kjeldahl Nitrogen.
TSS. Total Suspended Solids.
U.S.C. United States Code.
(Ord. 256, passed 4-17-2001)
§ 50.003 CONFLICT.
§ 50.003 CONFLICT.
All other ordinances and parts of other ordinances inconsistent or conflicting with any
part of this chapter are hereby repealed to the extent of the inconsistency or conflict.
(Ord. 256, passed 4-17-2001)
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE / GENERAL SEWER USE
REQUIREMENTS
GENERAL SEWER USE REQUIREMENTS
REQUIREMENTS / § 50.015 PROHIBITED DISCHARGE STANDARDS.
§ 50.015 PROHIBITED DISCHARGE STANDARDS.
(A)
General prohibitions. No user shall contribute or cause to be contributed into the
POTW, directly or indirectly, any pollutant or wastewater which causes interference or pass
through. These general prohibitions apply to all users of a POTW whether or not the user is a
39
significant industrial user or subject to any national, state, or local pretreatment standards or
requirements.
(B)
Specific prohibitions. No user shall contribute or cause to be contributed into the
POTW the following pollutants, substances, or wastewater:
(1)
Pollutants which create a fire or explosive hazard in the POTW, including,
but not limited to, waste streams with a closed cup flashpoint of less than 140°F (60°C) using the
test methods specified in 40 C.F.R. pt. 261.21;
(2)
Solid or viscous substances in amounts which will cause obstruction of the
flow in the POTW resulting in interference, but in no case solids greater than 1/2 inch in any
dimension;
(3)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause interference or pass through;
(4)
Any wastewater having a pH less than 5.0 or more than 10.5 or wastewater
having any other corrosive property capable of causing damage to the POTW or equipment;
(5)
Any wastewater containing pollutants, including oxygen-demanding
pollutants (BOD and the like) in sufficient quantity (flow or concentration) either singly or by
interaction with other pollutants, to cause interference with the POTW;
(6)
Any wastewater having a temperature greater than 150°F (55°C), or which
will inhibit biological activity in the POTW treatment plant resulting in interference, but in no
case wastewater which causes the temperature at the introduction into the treatment plant to
exceed 104°F (40°C);
(7)
Any pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health and safety problems;
(8)
Any trucked or hauled pollutants, except at discharge points designated by
the POTW Director in accordance with § 50.020;
(9)
Any noxious or malodorous liquids, gases, or solids or other wastewater
which, either singly or by interaction with other wastes, are sufficient to create a public nuisance
or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair;
(10) Any substance which may cause the POTW’s effluent, or any other
product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and
reuse or to interfere with the reclamation process. In no case shall a substance discharged to the
POTW cause the POTW to be in noncompliance with sludge use or disposal regulations or
permits issued under § 405 of the Act, the Solid Waste Disposal Act, the Clean Air Act, the
Toxic Substances Control Act, or state criteria applicable to the sludge management method
40
being used;
(11) Any wastewater which imparts color which cannot be removed by the
treatment process, including, but not limited to, dye wastes and vegetable tanning solutions,
which consequently impart sufficient color to the treatment plant’s effluent to render the waters
injurious to public health or secondary recreation or to aquatic life and wildlife, or to adversely
affect the palatability of fish or aesthetic quality or impair the receiving waters for any designated
uses;
(12) Any wastewater containing any radioactive wastes or isotopes except as
specifically approved by the POTW Director in compliance with applicable state or federal
regulations;
(13) Storm water, surface water, ground water, Artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized water, and noncontact
cooling water, unless specifically authorized by the POTW Director;
(14) Fats, oils, or greases of animal or vegetable origin in concentrations
greater than 10 mg/l;
(15)
industrial wastes;
Any sludges, screenings, or other residues from the pretreatment of
(16) Any medical wastes, except as specifically authorized by the POTW
Director in a wastewater discharge permit;
(17) Any material containing ammonia, ammonia salts, or other chelating
agents which will produce metallic complexes that interfere with the municipal wastewater
system;
(18) Any material that would be identified as hazardous waste according to 40
C.F.R. pt. 261 if not disposed of in a sewer except as may be specifically authorized by the
POTW Director;
(19) Any wastewater causing the treatment plant effluent to violate state water
quality standards for toxic substances as described in 15A NCAC 2B .0200;
(20) Wastewater causing, alone or in conjunction with other sources, the
treatment plant’s effluent to fail a toxicity test;
(21)
Recognizable portions of the human or animal anatomy;
(22) Any wastes containing detergents, surface active agents, or other
substances which may cause excessive foaming in the municipal wastewater system; and/or
(23)
At no time shall 2 successive readings on an explosion hazard meter, at the
41
point of discharge into the system (or at any point in the system) be more than 5% nor any single
reading over 10% of the lower explosive limit (LEL) of the meter.
(C)
Pollutants, substances, wastewater, or other wastes prohibited by this section shall
not be processed or stored in such a manner that they could be discharged to the municipal
wastewater system.
(D)
When the POTW Director determines that a user(s) is contributing to the POTW
any of the above enumerated substances in such amounts which may cause or contribute to
interference of POTW operation or pass through, the POTW Director shall:
(1)
Advise the user(s) of the potential impact of the contribution on the
POTW; and
(2)
Take appropriate actions in accordance with §§ 50.050 et seq. for the user
to protect the POTW from interference or pass through.
(Ord. 256, passed 4-17-2001) Penalty, see § 50.999
REQUIREMENTS / § 50.016 STATE REQUIREMENTS.
§ 50.016 STATE REQUIREMENTS.
State requirements and limitations on discharges shall apply in any case where they are
more stringent than federal requirements and limitations or those in this chapter.
(Ord. 256, passed 4-17-2001)
REQUIREMENTS / § 50.017 RIGHT OF REVISION.
§ 50.017 RIGHT OF REVISION.
The town reserves the right to establish limitations and requirements which are more
stringent than those required by either state or federal regulation if deemed necessary to comply
with the objectives presented in § 50.001 or the general and specific prohibitions in § 50.015, as
is allowed by 40 C.F.R. pt.403A.
(Ord. 256, passed 4-17-2001)
42
REQUIREMENTS / § 50.018 DILUTION.
§ 50.018 DILUTION.
No user shall ever increase the use of process water or in any way attempt to dilute a
discharge as a partial or complete substitute for adequate treatment to achieve compliance with
the limitation contained in the National Categorical Pretreatment Standards, unless expressly
authorized by an applicable pretreatment standards or any other pollutant-specific limitation
developed by the Town of Maggie Valley or the state.
REQUIREMENTS / § 50.019 PRETREATMENT OF WASTEWATER.
§ 50.019 PRETREATMENT OF WASTEWATER.
Users shall provide wastewater treatment as necessary to comply with this chapter and
any wastewater permits issued under § 50.051.
REQUIREMENTS / § 50.020 HAULED WASTEWATER.
§ 50.020 HAULED WASTEWATER.
Septic tank waste may be introduced into the POTW only at locations designated by the
POTW Director, and at such times as are established by the POTW Director. The waste shall not
violate this subchapter or any other requirements established by the town. The POTW Director
may require septic tank waste haulers to obtain wastewater discharge permits.
43
REQUIREMENTS / § 50.021 USE OF PUBLIC SEWERS REQUIRED.
§ 50.021 USE OF PUBLIC SEWERS REQUIRED.
Any structure to be built or installed within the corporate limits of Maggie Valley that
requires the use of a sanitary sewer system must connect to the municipal sewer system when it is
available. Any property annexed pursuant to the development standard and service method that
has existing structure(s) shall not be required by the Town of Maggie Valley to connect to the
municipal sewers. Any new construction, taking place in annexed areas, shall be required to
connect to the municipal sewer system under the provisions of this chapter.
REQUIREMENTS / § 50.022 CONSTRUCTION REQUIREMENTS.
§ 50.022 CONSTRUCTION REQUIREMENTS.
All provisions of the Water and Sewer Services Extension Policy’s construction
requirements are hereby incorporated into this chapter by reference. These requirements can be
found in Section III. General Requirements, 4. Construction Requirements. All provisions and
any subsequent revisions are included in this stipulation.
(Ord. 256, passed 4-17-2001)
REQUIREMENTS / § 50.023 BUILDING SEWERS AND CONNECTIONS.
§ 50.023 BUILDING SEWERS AND CONNECTIONS.
(A)
No unauthorized persons shall uncover, make any connections with or opening
into, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written
permit from the appropriate authority.
(B)
There shall be 1 class of building sewer permit. The owner(s) or his or her agent
shall make application on a special form furnished by the town. The permit application shall be
supplemented by any plans, specifications, or other information considered pertinent in the
44
judgment of the appropriate authority.
(C)
All costs and expenses incidental to the installation and connection of the building
sewer shall be borne by the owner(s). The owner(s) shall indemnify the town from any loss or
damage that may directly or indirectly be occasioned by the installation of the building sewer.
(D)
A separate and independent building sewer shall be provided for every building;
except where 1 building stands at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining alley, court, or driveway,
the front building may be extended to the rear building and the whole considered as 1 building
sewer, but the town does not and will not assume any obligation or responsibility for damage
caused by or resulting from any such single connection aforementioned.
(E)
Old building sewers may be used in connection with new buildings only when
they are found, on examination and test by the appropriate authority, to meet all requirements of
this chapter.
(F)
The size, slope, alignment, materials of construction of a building sewer, and the
methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench,
shall all conform to the requirements of the building and plumbing code or other applicable rules
and regulations of the State of North Carolina.
(G)
Whenever possible, the building sewer shall be brought to the building at an
elevation below the basement floor. In all buildings in which any building drain is too low to
permit gravity flow to the public sewer, sanitary sewage carried by the building drain shall be
lifted by an approved means and discharged to the building sewer.
(H)
No person(s) shall make connection of roof downspouts, foundation drains,
areaway drains, or other sources of surface runoff or groundwater to a building sewer or building
drain which in turn is connected indirectly or directly to a public sanitary sewer unless the
connection is approved by the appropriate authority for purposes of disposal of polluted surface
drainage.
(I)
The connection of the building sewer into the public sewer shall conform to the
requirements of the building and plumbing code or other applicable rules and regulations of the
State of North Carolina. All connections shall be made gastight and watertight and verified by
proper testing. Any deviation from the prescribed procedures and materials must be approved by
the appropriate authority before installation.
(J)
The applicant for the building sewer permit shall notify the appropriate authority
when the building sewer is ready for inspection and connect to the public sewer. The connection
and testing shall be made under the appropriate authority or his or her representative.
(K)
All excavations for the building sewer installation shall be adequately guarded
45
with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways,
and other public property disturbed in the course of the work shall be restored in a manner
satisfactory to the town.
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE / FEES
FEES
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE / FEES / § 50.035
PURPOSE.
§ 50.035 PURPOSE.
It is the purpose of this chapter to provide for the recovery of costs from users of the
wastewater disposal system of the town for the implementation of the program established
herein. The applicable charges or fees shall be set forth in a separate Schedule of Sewer Use
Charges and Fees by the Town Manager and approved by the Town Board. A copy of these
charges and fees is on file in the office of the Town Clerk.
(Ord. 256, passed 4-17-2001)
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE / FEES / § 50.036 USER
CHARGES.
§ 50.036 USER CHARGES.
(A)
A user charge shall be levied on all users, including, but not limited to, persons,
firms, corporations, or governmental entities that discharge, cause, or permit the discharge of
sewage into the POTW.
(B)
The user charge shall reflect, at least, the cost of debt service, operation, and
maintenance (including replacement) of the POTW.
(C)
Each user shall pay its proportionate cost based on volume of flow and/or the
concentration of pollutants.
46
(D)
The Manager of the town shall review annually the sewage contributions of users,
the total costs of debt service, operation, and maintenance of the POTW, and will make
recommendations to the Board serving the town for adjustments in the schedule of charges and
fees as necessary.
(E)
Charges for flow to the POTW not directly attributable to the users shall be
distributed among all users of the POTW based upon the volume of flow of the users.
(Ord. 256, passed 4-17-2001)
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE / FEES / § 50.037
SURCHARGES.
§ 50.037 SURCHARGES.
The amount of the surcharges will be based upon:
(A)
The volume of flow used in determining the total discharge of wastewater for
payment of user charges and surcharges shall be based on the following:
(1)
Metered water consumption as shown in the records of meter readings
maintained by the town;
(2)
If required by the town or at the individual discharger’s option, other flow
monitoring devices which measure the actual volume of wastewater discharged to the sewer.
The devices shall be accessible and safely located, and the measuring system shall be installed in
accordance with plans approved by the town. The metering system shall be installed and
maintained at the user’s expense according to arrangements that may be made with the town;
and/or
(3)
Where any user procures all or part of his or her water supply from sources
other than the town, the user shall install and maintain at his or her own expense a flow
measuring device of a type approved by the town.
(B)
The character and concentration of the constituents of the wastewater used in
determining surcharges shall be determined by samples collected and analyzed by the town.
Samples shall be collected in such a manner as to be representative of the actual discharge and
shall be analyzed using procedures set forth in 40 C.F.R. pt. 136; and
(C)
The determination of the character and concentration of the constituents of the
wastewater discharge by the POTW Director or his or her duly appointed representatives shall be
binding as a basis for charges.
47
(Ord. 256, passed 4-17-2001)
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE / WASTEWATER
DISCHARGE PERMITS
WASTEWATER DISCHARGE PERMITS
DISCHARGE PERMITS / § 50.050 WASTEWATER DISCHARGERS.
§ 50.050 WASTEWATER DISCHARGERS.
It shall be unlawful for any person to connect or discharge to the POTW without first
obtaining the permission of the Town of Maggie Valley.
DISCHARGE PERMITS / § 50.051 WASTEWATER DISCHARGE PERMITS.
§ 50.051 WASTEWATER DISCHARGE PERMITS.
All significant industrial users shall obtain a significant industrial users permit prior to the
commencement of discharge to the POTW. Users who do not fit the significant industrial user
criteria may at the discretion of the POTW Director be required to obtain a wastewater discharge
permit.
DISCHARGE PERMITS / § 50.052 GREASE TRAP/INTERCEPTOR STANDARDS
AND REQUIREMENTS.
§ 50.052 GREASE TRAP/INTERCEPTOR STANDARDS AND REQUIREMENTS.
48
(A)
General requirements.
(1)
All food service establishments shall have grease-handling facilities
approved by the TMVSSD. Establishments whose grease-handling facilities or methods are not
adequately maintained to prevent floatable oils, fat, or grease from entering the sewerage system
shall be notified in writing of any noncompliance and required to provide a schedule whereby
corrections shall be accomplished.
(2)
All food service establishments’ grease-handling facilities shall be subject
to review, evaluation, and inspection by TMVSSD representatives during normal working hours.
Results of inspections will be made available to the facility owner, lease holder, or operator.
TMVSSD may lend assistance and make recommendations for correction and improvement.
(3)
Food service establishments receiving 2 consecutive unsatisfactory
evaluations or inspections may be subject to penalties or other corrective actions as provided in
this chapter.
(4)
Food service establishments who continue to violate the TMVSSD grease
standards/requirements may be considered grounds for discontinuance of sewer service.
(5)
Food service establishments whose operations cause or allow excessive
grease to discharge or accumulate in the Town of Maggie Valley’s collection system may be
liable to the town for costs related to service calls for line blockages, line cleanings, line and
pump repairs, and the like including all labor, materials and equipment. Failure to pay all
service-related charges may also be grounds for sewer service discontinuance.
(6)
Regularly scheduled maintenance of grease-handling facilities is required
to ensure adequate operation. In the maintenance of these grease interceptors, the owner, lease
holder, or operator shall be responsible for the proper removal and disposal of grease by
appropriate means and shall maintain on-site records of dates and means of disposal. Records
shall be maintained for a period of 3 years.
(7)
Any food service establishments whose effluent discharge to the sewerage
system is determined by the TMVSSD to cause interference in the conveyance or operation of the
sewerage system may be required to sample its grease trap discharge and have it analyzed for oil
and grease at the expense of the owner, lease holder, or operator. Results of the analyses shall be
reported to the TMVSSD.
(8)
All grease traps/interceptors shall be designed and installed to allow for
complete access for inspection and maintenance of the inner chamber(s) and viewing and
sampling of effluent wastewater discharged to the sewer.
(9)
Food service establishments shall adopt procedures for handling sources of
floatable oils, fat, or grease originating within their facility. A notice shall be permanently posted
49
at a prominent place in the facility advising employees of the procedures to be followed.
(10) Food service establishments shall develop and implement a waste
minimization plan pertaining to the disposal of grease, oils, and food particles. TMVSSD may
render advice or make suggestions regarding the minimization of waste.
(B)
Construction standards; new facilities.
(1)
All new food service establishments shall be required to install a grease
interceptor, approved by the TMVSSD. Grease interceptors shall be adequately sized with no
interceptor less than 1,000-gallons’ total capacity unless otherwise approved by TMVSSD.
(2)
No new food service establishments will be allowed to initiate operations
until grease-handling facilities are installed and approved by the TMVSSD.
(3)
All grease interceptors, whether singular or 2 tanks in series, must have
each chamber directly accessible from the surface to provide means for servicing and maintaining
the interceptor in working and operating condition.
(4)
A basket, screen, or other intercepting device shall prevent passage into
the drainage system of solids 1/2 inch or larger in size. The basket or device shall be removable
for cleaning purposes.
(5)
Where food waste grinders are installed, the waste from those units shall
discharge directly into the building drainage system without passing through a grease interceptor.
All other fixtures and drains receiving kitchen or food preparation wastewaters shall pass through
a grease interceptor.
(C)
Construction standards; existing facilities.
(1)
All existing food service establishments shall have grease-handling
facilities approved by TMVSSD. Food service establishments without any grease-handling
facilities will be given a compliance deadline not to exceed 6 months from date of notification to
have approved and installed grease-handling equipment in compliance with this standard.
Failure to do so will be considered a violation of this chapter and may subject the facility to
penalties and corrective actions. The installations shall meet the same requirements for design as
for new facilities.
(2)
In the event an existing food service establishment’s grease-handling
facilities are either under-designed or substandard in accordance with this policy, the owner(s)
will be notified in writing of the deficiencies and required improvements and given a compliance
deadline not to exceed 6 months to conform with the requirements of this grease standard.
(3)
For cases in which outdoor type grease interceptors are infeasible to
install, existing food service establishments will be required to install adequate and approved
50
under-the-counter grease traps for use on individual fixtures including dishwashers, sinks, and
other potentially grease-containing drains.
(4)
Sizing of under-the-counter grease trap units will be in accordance with
recommended ratings for commercial grease traps, attached to this standard. The grease
retention capacity rating in pounds shall be at least 2 times the GPM flow rate of the type of
fixture which it serves. Flow control fittings must be provided to the inlet side of all
under-the-counter units to prevent overloading of the grease trap and to allow for proper
operation.
(5)
The TMVSSD approval of flow control devices and grease trap design
must be obtained prior to installation.
(6)
The location of under-the-counter units must be as near the source of the
wastewater as is physically possible.
(7)
traps/interceptors.
Wastewater from garbage grinders should not be discharged to
(8)
In maintaining grease traps/interceptors, the owner(s) shall be responsible
for the proper removal and disposal by appropriate means of the captured material and shall
maintain records of the dates and means of disposal that are subject to review by the TMVSSD.
(9)
The exclusive use of enzymes, grease solvents, emulsifiers, and the like is
not considered acceptable grease trap maintenance practice.
(D)
New food service establishments in existing buildings.
(1)
Whenever practical, new food service establishments locating in existing
buildings will be required to comply with the grease trap standards applicable to new facilities.
(2)
Where physically impossible to install outdoor units, under-the-counter
units may be allowed as with existing food service establishments provided prior approval of unit
type, size, location, and the like is approved by the TMVSSD.
Recommended Ratings
Under-the-Counter Package Unit Grease Traps
Type of Fixture
Flow Rate
Grease Retention
Capacity Rating
gpm
lb
Recommended Maxi
Capacity per Fixtu
Connected to Tra
51
Recommended Ratings
Under-the-Counter Package Unit Grease Traps
Type of Fixture
Flow Rate
Grease Retention
Capacity Rating
gpm
lb
Restaurant Kitchen Sink
15
30
Single-Compartment Scullery Sink
20
40
Double-Compartment Scullery
Sink
25
50
2 Single-Compartment Sinks
25
50
2 Double-Compartment Sinks
35
70
Up to 30-gal. water capacity
15
30
Up to 50-gal. water capacity
25
50
50 to 100-gal. water capacity
40
80
Recommended Maxi
Capacity per Fixtu
Connected to Tra
Dishwashers for Restaurants:
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE / REPORTING
REQUIREMENTS
REPORTING REQUIREMENTS
REQUIREMENTS / § 50.065 REPORTS FROM UNPERMITTED USERS.
52
§ 50.065 REPORTS FROM UNPERMITTED USERS.
All users not required to obtain a wastewater discharge permit shall provide appropriate
reports to the POTW Director as the POTW Director may require.
(Ord. 256, passed 4-17-2001)
REQUIREMENTS / § 50.066 NOTIFICATION OF THE DISCHARGE OF
HAZARDOUS WASTE.
§ 50.066 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.
(A)
The town prohibits the discharge of any hazardous wastes without notification and
approval of the POTW Director.
(B)
Any user who commences the discharge of hazardous waste shall notify the
POTW, the EPA Regional Waste Management Division Director, and state hazardous waste
authorities, in writing, of any discharge into the POTW of a substance which, if otherwise
disposed of, would be a hazardous waste under 40 C.F.R. pt. 261. The notification must include
the name of the hazardous waste as set forth in 40 C.F.R. pt. 261, the EPA hazardous waste
number, and the type of discharge (continuous, batch, or other). If the user discharges more than
100 kilograms of the waste per calendar month to the POTW, the notification also shall contain
the following information to the extent the information is known and readily available to the
user: an identification of the hazardous constituents contained in the wastes, an estimation of the
mass and concentration of the constituents in the waste stream discharge during the calendar
month, and an estimation of the mass of constituents in the waste stream expected to be
discharged during the following 12 months. All notifications must take place no later than 180
days after the discharge commences. Any notification under this division (B) need be submitted
only once for each hazardous waste discharge. However, notifications of changed conditions
must be submitted under §§ 50.080 et seq. The notification requirement in this section does not
apply to pollutants already reported by users subject to categorical pretreatment standards under
the self-monitoring requirements of §§ 50.065, 50.067, and 50.068.
(C)
Dischargers are exempt from the requirements of division (B) above, during a
calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless
the wastes are acute hazardous wastes as specific in 40 C.F.R. pts. 261.30(d) and 261.33(e).
Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of
53
any quantity of acute hazardous wastes as specified in 40 C.F.R. pts. 261.30(d) and 261.33(e),
requires a 1-time notification. Subsequent months during which the user discharges more than
the quantities of any hazardous waste do not require additional notification.
(D)
In the case of any new regulation under § 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous waste, the
user must notify the POTW Director, the EPA Regional Waste Management Waste Division
Director, and state hazardous waste authorities of the discharge of the substance within 90 days
of the effective date of the regulations.
(E)
In the case of any notification made under this section, the user shall certify that it
has a program in place to reduce the volume and toxicity of hazardous wastes generated to the
degree it has determined to be economically practical.
(F)
This provision does not create a right to discharge any substance not otherwise
permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal
or state law.
(Ord. 256, passed 4-17-2001)
REQUIREMENTS / § 50.067 TIMING.
§ 50.067 TIMING.
Written reports will be deemed to have been submitted on the date postmarked. For
reports which are not mailed, postage prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
(Ord. 256, passed 4-17-2001)
REQUIREMENTS / § 50.068 RECORD KEEPING.
§ 50.068 RECORD KEEPING.
Users subject to the reporting requirements of this chapter shall retain, and make
available for inspection and copying, all records of information obtained pursuant to any
monitoring activities required by this chapter and any additional records of information obtained
54
pursuant to monitoring activities undertaken by the user independent of the requirements.
Records shall include the date, exact place, method, and time of sampling, and the name of the
person(s) taking the samples; the dates analyses were performed; who performed the analyses;
the analytical techniques or methods used; and the results of the analyses. These records shall
remain available for a period of at least 3 years. This period shall be automatically extended for
the duration of any litigation concerning the user or the town, or where the user has been
specifically notified of a longer retention period by the POTW Director.
(Ord. 256, passed 4-17-2001)
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE / COMPLIANCE
MONITORING
COMPLIANCE MONITORING
MONITORING / § 50.080 MONITORING FACILITIES.
§ 50.080 MONITORING FACILITIES.
(A)
The town may require the user to provide and operate, at the user’s own expense,
monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer
and/or internal drainage systems. The monitoring facility should normally be situated on the
user’s premises, but the town may, when such a location would be impractical or cause undue
hardship on the user, allow the facility to be constructed in the public street or sidewalk area and
located so that it will not be obstructed by landscaping or parked vehicles.
(B)
There shall be ample room in or near the sampling manhole or facility to allow
accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring
equipment shall be maintained at all times in a safe and proper operating condition at the expense
of the user.
(C)
Whether constructed on public or private property, the sampling and monitoring
facilities shall be provided in accordance with the requirements of the town and all applicable
local construction standards and specifications. Construction shall be completed within 90 days
following written notification by the town.
(Ord. 256, passed 4-17-2001)
55
MONITORING / § 50.081 INSPECTION AND SAMPLING.
§ 50.081 INSPECTION AND SAMPLING.
The town reserves the right to inspect the facilities of any user to ascertain whether the
purpose of this chapter is being met and all requirements are being complied with. Persons or
occupants of premises where wastewater is created or discharged shall allow the town and EPA
or their representative ready access at all reasonable times to all parts of the premises for the
purposes of inspection, sampling, records examination, and copying or in the performance of any
of their duties. The town approval authority and EPA shall have the right to set up on the user’s
property such devices as are necessary to conduct sampling, inspection, compliance monitoring,
and/or metering operations. Where a user has security measures in force which would require
proper identification and clearance before entry into their premises, the user shall make necessary
arrangements with their security guards so that upon presentation of suitable identification,
personnel from the town approval authority and EPA will be permitted to enter, without delay,
for the purposes of performing their specific responsibilities. Denial of the POTW Director, or
EPA access to the user’s premises shall be a violation of this chapter. Unreasonable delays may
constitute denial of access.
(Ord. 256, passed 4-17-2001)
MONITORING / § 50.082 SEARCH WARRANTS.
§ 50.082 SEARCH WARRANTS.
If the POTW Director or EPA has been refused access to a building, structure, or
property, or any part thereof, and is able to demonstrate probable cause to believe that there may
be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the town designed to verify compliance with this chapter or
any permit or order issued hereunder, or to protect the overall public health, safety, and welfare
of the community, then the POTW Director or EPA may seek issuance of a search warrant.
(Ord. 256, passed 4-17-2001)
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE / CONFIDENTIAL
56
INFORMATION
CONFIDENTIAL INFORMATION
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE / CONFIDENTIAL
INFORMATION / § 50.095 GENERALLY.
§ 50.095 GENERALLY.
Information and data on a user obtained from reports, questionnaires, permit applications,
permits, and monitoring programs and from inspections shall be available to the public or other
governmental agency without restriction unless the user specifically requests and is able to
demonstrate to the satisfaction of the POTW Director that the release of the information would
divulge information, processes, or methods of production entitled to protection as trade secrets of
the user. Any such request must be asserted at the time of submission of the information or data
and all determinations of confidentiality will be in accordance with G.S. § 133-33.
(Ord. 256, passed 4-17-2001)
TITLE V: PUBLIC WORKS / CHAPTER 50: SEWER USE / WATER AND SEWER
SERVICES EXTENSION POLICY
WATER AND SEWER SERVICES EXTENSION POLICY
SERVICES EXTENSION POLICY / § 50.110 ADOPTED BY REFERENCE.
§ 50.110 ADOPTED BY REFERENCE.
The Water and Sewer Services Extension Policy originally adopted by the Town of
Maggie Valley on 3-27-2001 and any additions or subsequent revisions to the policy shall be
incorporated by reference into this chapter.
(Ord. 256, passed 4-17-2001)
57
SERVICES EXTENSION POLICY / § 50.999 PENALTY.
§ 50.999 PENALTY.
(A)
Civil penalties.
(1)
Any user who is found to have failed to comply with any provision of this
chapter, or the orders, rules, regulations, and permits issued hereunder, may be fined up to
$10,000 per day per violation. Each day on which a violation shall occur or continue shall be
deemed a separate and distinct offense. The assessments may be added to the user’s next
scheduled sewer service charges and the POTW shall have the remedies for the collection of the
assessments as it has for collection of other service charges.
(2)
In determining the amount of the civil penalty, the POTW Director shall
consider the following:
(a)
The degree and extent of the harm to the natural resources, to the
public health, or to public or private property resulting from the violation;
(b)
The duration and gravity of the violation;
(c)
The effect on ground or surface water quantity or quality or on air
(d)
The cost of rectifying the damage;
(e)
The amount of money saved by noncompliance;
(f)
Whether the violation was committed willfully or intentionally;
(g)
The costs of enforcement to the town.
quality;
and
(3)
The Town of Maggie Valley may apply not only the penalties specified in
this chapter, but also may use any of the enforcement procedures specified in G.S. § 160A-175.
(B)
Other available remedies. Remedies, in addition to those previously mentioned in
this chapter, are available to the POTW Director who may use any single one or combination
against a noncompliant user. Additional available remedies include, but are not limited to:
(1)
Criminal violations. The town may request prosecution of noncompliant
users who violate the provisions of this chapter through the General Court of Justice for
Haywood County;
(2)
Injunctive relief. Whenever a user is in violation of the provisions of this
58
chapter or an order or permit issued hereunder, the POTW Director may petition the Superior
Court of Justice for the issuance of a restraining order or a preliminary and permanent injunction
which restrains or compels the activities in question;
(3)
Public nuisances. Any violation of the prohibitions or effluent limitations
of this chapter or of a permit or order issued hereunder, is hereby declared a public nuisance and
shall be corrected or abated as directed by the POTW Director. Any person(s) creating a public
nuisance shall be subject to the provisions of any town ordinance governing the nuisances and all
provisions of G.S. § 160A-175 governing the nuisances, including reimbursing the POTW for
any costs incurred in removing, abating, or remedying the nuisance;
(4)
Penalties for false information. Any person who knowingly makes false
statements, representations, or certifications in any application, record, plan, or other document
filed or required to be maintained pursuant to this chapter or wastewater permit, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device or method required under
this chapter, shall upon conviction be punished by a fine of not more than $10,000 or by
imprisonment for not more than 6 months, or both; and
(5)
Water supply severance. Whenever a POTW user is in violation of the
provisions of this chapter or an order or permit issued hereunder, water service to the user may be
severed and service will only recommence, at the user’s expense, after it has satisfactorily
demonstrated ability to comply.
(C)
Remedies nonexclusive. The remedies provided for in this chapter are not
exclusive. The POTW Director may take any, all, or any combination of these actions against a
noncompliant user. Enforcement of pretreatment violations will generally be in accordance with
enforcement response plan of the town. However, the POTW Director may take other action
against any user when the circumstances warrant. Further, the POTW Director is empowered to
take more than 1 enforcement action against any noncompliant user.
(Ord. 256, passed 4-17-2001)
TITLE VII: TRAFFIC CODE
TITLE VII: TRAFFIC CODE
[Reserved]
TITLE IX: GENERAL REGULATIONS
59
TITLE IX: GENERAL REGULATIONS
Chapter
90.
NOISE
91.
NUISANCES
92.
PUBLIC HEALTH AND SAFETY
93.
STREETS AND SIDEWALKS
94.
BIRD SANCTUARY
TITLE IX: GENERAL REGULATIONS / CHAPTER 90: NOISE
CHAPTER 90: NOISE
Section
90.01
90.02
90.03
90.04
90.05
90.06
90.07
90.08
90.09
90.99
Definitions
Standards
Maximum permitted sound levels by use occupancy
Prohibited noise
Exceptions
Permits
Motor vehicle noise
Mufflers
Off-road vehicles
Penalty
TITLE IX: GENERAL REGULATIONS / CHAPTER 90: NOISE / § 90.01
DEFINITIONS.
All words used in this chapter not defined below shall be in conformance with applicable
60
publications of the American National Standards Institute (ANSI) or its successor body. For the
purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
A-WEIGHTED SOUND LEVEL. The sound pressure level in decibels as measured on a
sound level meter using the A-weighting network. The level so read is designated dB(A).
CLASSIFICATION OF USE OCCUPANCIES. Use occupancies shall be as follows:
(1)
RESIDENTIAL USE. All premises containing habitually occupied
sleeping quarters. Hospitals, nursing homes, schools, libraries, and churches are considered
residential uses.
(2)
PUBLIC SPACE. Any area owned, utilized, or occupied by a municipal,
county, state or federal agency, including, but not limited to, park or recreation areas, streets and
sidewalks.
(3)
COMMERCIAL OR BUSINESS. All premises where sales, professional,
or other commercial activities are legally permitted, except that residences with lawful home
occupations are considered residential.
(4)
MANUFACTURING OR INDUSTRIAL. All premises where goods or
wares are made, warehoused, or stored or where manufacturing is legally permitted.
(5)
AGRICULTURAL. All premises which are bona fide farms or which are
characterized by farming activities as the primary use of the premises.
(6)
In classifying uses under this section, the zoning classification of an area
may be considered, however, the actual use of premises shall control when the use and the zoning
classification conflict. Any area not otherwise classified under this section shall be considered
commercial.
(7)
In case of multiple use, the more restrictive category shall prevail.
DECIBEL (DB). A unit for describing the amplitude of sound, equal to 20 times the
logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference
pressure, which is 20 micronewtons per square meter.
EMERGENCY WORK. Any work performed for the purpose of preventing or
alleviation physical trauma or property damage threatened or caused by an existing or imminent
peril.
HOLIDAY. The following days will be recognized as holidays for the purpose of
granting permits to exceed maximum sound level: St. Patrick’s Day, Memorial Day,
Independence Day, Labor Day, Halloween, December 31, and any other day designated by the
61
Town of Maggie Valley as a holiday.
MUFFLER. An apparatus consisting of a series of chambers or baffle plates designed
for the purpose of transmitting gases while reducing sound emanation from the apparatus.
NOISE. Any sound which annoys or disturbs humans or which causes or tends to cause
an adverse psychological or physiological effect on humans.
OUTDOOR AMPLIFIED SOUND. Any sound using amplifying equipment, whose
source is outside or whose source is inside and the sound propagates to the outside through open
doors or windows or other openings in the building.
OWNER OF REAL PROPERTY. The owner, or listing owner, of real property as
defined in G.S. § 105-302.
PERSON. Any individual, association, partnership, or corporation and includes any
officer, employee, department, agency, or instrumentality of the United States, the state or any
political subdivision thereof.
PLAINLY AUDIBLE. Any sound produced by a sound amplification system, which can
be clearly heard at a distance of 75 feet or more. Measurement standards shall be the auditory
senses, based upon the direct line of sight. Words or phrases need not be discernible and bass
reverberations are included.
SLOW RESPONSE. A measuring technique to obtain an average value when measuring
a noise level that fluctuates over a range of 4 dB or more. By way of illustration only, a sound
level meter set on slow response would record a sound level between 2 and 6 decibels less than
the reading for a steadying signal of the same frequency and amplitude when a tone of 1,000 Hz
and for a duration of 0.5 seconds is applied.
SOUND. An oscillation in pressure, particle displacement, particle velocity, or other
physical parameter, in a medium with internal forces that causes compression, and rarefaction of
that medium. The description of sound may include any characteristic of the sound, including
duration, intensity, and frequency.
SOUND AMPLIFICATION SYSTEM. Any radio, tape player, compact disc player,
loud speaker, or other electronic device used for the amplification of sound.
SOUND LEVEL. The weighted sound pressure level obtained by the use of a sound
level meter and frequency weighting network, such as A, B, or C as specified in American
National Standards Institute specifications for sound level meters (ANSI S1.41971 or the latest
approved version thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
SOUND LEVEL METER. An instrument which includes a microphone, amplifier, RSM
62
detector, integrator or time average, output meter, and weighting network used to measure sound
pressure levels.
SOUND PRESSURE LEVEL. Twenty times the logarithms to the base 10 ratio of the
root mean squared (RMS) sound pressure to the reference pressure of 20 micronewtons per
square meter.
TENANT. One who resides on or has the temporary use or occupation of real property
owned by another person. In the case of residential property, TENANT shall be construed to
mean any individual actually residing at the residential location, whether the person is listed on a
lease or not.
(Ord. 327, passed 9-16-2003)
STANDARDS.
§ 90.02 STANDARDS.
(A)
Standards, instrumentation, personnel, measurement procedures, and reporting
procedures to be used in the measurement of sound shall be specified in this section.
(B)
Sound level measurement shall be made with a sound level meter using the
A-weighting scale, set on slow response and set to measure and average sounds for a period of 20
seconds. The resulting high, low, and average sounds shall be recorded with the average sound
being used for enforcement purposes.
(C)
Sound level meters shall be at least Type II meeting American National Standard
Institute (ANSI) S1.4-1971 requirements. Persons using the sound level meters shall be trained
in sound level measurement and the operation of sound level measurement equipment.
(D)
Sound level measurements shall be taken at a distance of no more than 10 feet
beyond the property line from which the sound originates.
(Ord. 327, passed 9-16-2003)
TITLE IX: GENERAL REGULATIONS / CHAPTER 90: NOISE / § 90.03 MAXIMUM
PERMITTED SOUND LEVELS BY USE OCCUPANCY.
63
§ 90.03 MAXIMUM PERMITTED SOUND LEVELS BY USE OCCUPANCY.
(A)
Except as allowed in division (B) below, no person shall operate or cause to be
operated any source of sound in such a manner as to create a sound level which at its peak
exceeds the limits set forth for the use occupancy categories in Table 1 when measured at or
beyond the property line of the property from which the sound originates. For purposes of
measurement, the back of the curb, the outside edges of driveways, fences, hedges, or other
physical features commonly associated with property boundaries are presumed to be at a point
which is at or beyond the property line. In all cases, the maximum sound level permitted by use
occupancy shall be determined on the basis of the use occupancy of the property from which the
sound originates and not by the use occupancy of any surrounding property. Sound which
originates from a dwelling unit in a duplex or other multi-family housing unit shall be measured
from any point which is at least 25 lineal feet, whether inside or outside a building, from the
nearest point of the enclosed or habitable space of the dwelling unit from which the sound
originates.
Table 1: Sound Levels by Use Occupancy
Use Occupancy Category
Time Limit
Sound Level (dB(A))
11:00 a.m. - 11:00 p.m.
60
11:00 p.m. - 7:00 a.m.
55
Public Space, Commercial, or
Business
7:00 a.m. - 11:00 p.m.
65
11:00 p.m. - 7:00 a.m.
60
Manufacturing, Industrial, or
Agricultural
At all times
75
Residential
(B)
Sound levels in excess of the limits established in Table 1 will be permitted in
public space, commercial or business space, manufacturing, industrial, or agricultural space, but
not on residential space, as follows:
Table 2
–
Without Permit (dB(A))
With Permit to Exceed (dB(A))
64
Table 2
–
Without Permit (dB(A))
With Permit to Exceed (dB(A))
Friday (1:00 p.m. - 11:00 p.m.)
75
80
Saturday (10:00 a.m. - 11:00
p.m.)
75
80
Sunday (1:00 p.m. - 6:00 p.m.)
75
80
Holidays (as defined in § 90.01)
(12:00 p.m. - 11:00 p.m.)
75
80
(C)
No property owner shall allow a noise-related nuisance or health or safety hazard
to be erected or maintained by or on account of tenants of the property owner. For purposes of
this division (C), a noise-related nuisance or health or safety hazard shall be deemed to exist
when a tenant or group of tenants at a specific location receives a third citation for noise
ordinance violation pursuant to this chapter. The property owner shall be liable for the costs of
remedying the nuisance or health or safety hazard in accordance with the provisions of section
9-(e). A property owner may be held liable for the costs of abating the nuisance or remedying the
health or safety hazard only if the property owner has been notified in writing, via actual delivery
or certified mail, of the first 2 ordinance violations. A property owner shall be liable for the costs
of abating the nuisance or remedying the health or safety hazard upon the third and any
subsequent action by the same tenant at a specific location, provided the third violation occurs at
least 15 days from the date of actual receipt of notice of the second violations. It shall be a
complete defense to a citation under this division (C) if the owner of the real property involved
can prove that he or she is actively pursuing an eviction process according to law, and that the
process was begun prior to the date of the third or any subsequent violation by the same tenant at
a specific location.
PROHIBITED NOISE.
§ 90.04 PROHIBITED NOISE.
65
(A)
Does not require noise level measurement;
(B)
It shall be unlawful for any person or persons to play, use, or permit to be played
any loud sound amplification system if it is located in any of the following:
(1)
Any public property, including any public street, highway, building,
sidewalk, park, or thoroughfare;
(2)
Any motor vehicle on a public street, highway, public space, or
commercial space; or
(3)
Any commercial space or place of business; and if the sound generated is
plainly audible at a distance of 75 feet from the device producing sound, unless authorized or
exempted by any other section of this chapter.
(C)
Possession by a person or persons of any machines or devices which may be
classified as a loud sound amplification system shall be prima facie evidence that person or those
persons operated that machine or device; and
(D)
The keeping of any dog, bird, or animal which, by causing frequent or long
continued barking or other noise, within any area in such a manner as to annoy or disturb the
peace, quiet, and comfort of the public.
EXCEPTIONS.
§ 90.05 EXCEPTIONS.
(A)
of § 90.03.
(B)
Generally. The following are exempt from the provisions of Table 1 and Table 2
Specifically.
(1)
Sound emanation from scheduled outdoor athletic events;
(2)
Construction operations from 7:00 a.m. to 9:00 p.m. on weekdays and 8:00
a.m. to 8:00 p.m. on Saturdays, 1:00 p.m. to 5:00 p.m. on Sundays for which building permits
have been issued or construction operations not requiring permits; providing all equipment is
operated in accord with the manufacturer’s specifications and with all standard equipment
manufacturer’s mufflers and noise-reducing equipment in use and in proper operating condition;
66
(3)
Noise of safety signals, warning devices, emergency pressure relief valves,
and all church bells. For purposes of this division (B)(3), the term church bells shall not include
electronic devices or artificial sound reproduction systems intended to sound like church bells;
(4)
Noise resulting from any authorized emergency vehicle;
(5)
Noise resulting from parades, lawful picketing, or other public
demonstrations protected by the U.S. Constitution or federal law, or for which a local permit has
been granted by the town, provided the activity is of a temporary duration lasting no longer than
2 hours during any 24-hour period. Regulation of noise emanation from activities under permit
shall be according to the conditions and limits stated in this chapter and according to any
additional conditions stated on the permit;
(6)
Un-amplified and amplified sound at street fairs conducted, sponsored, or
sanctioned by the town;
(7)
All noises coming from the normal operations of properly equipped
aircraft (not including scale model aircraft);
(8)
Noise from noisemakers on holidays and fireworks on holidays or at times
allowed under a pyrotechnics permit issued pursuant to G.S. Chapter 14, Article 54;
(9)
Lawn mowers and agricultural equipment used between daylight hours
7:00 a.m. and 9:00 p.m. when operated with all the manufacturer’s standard mufflers and
noise-reducing equipment in use and in proper operating condition;
(10) Un-amplified and amplified sound at community concerts conducted,
sponsored, or sanctioned by the town;
(11)
Practice sessions or performances by marching bands;
(12)
Emergency work, as defined in § 90.01; and
(13) Those places of business found to be in violation of this limit shall be
subject to the penalties in § 90.99.
(Ord. 327, passed 9-16-2003)
TITLE IX: GENERAL REGULATIONS / CHAPTER 90: NOISE / § 90.06 PERMITS.
§ 90.06 PERMITS.
(A)
Who may apply. A person or group of persons may produce or cause to be
67
produced sound in excess of the limits set in Table 1 of § 90.03 only if a permit to exceed has
been obtained. With a permit granted pursuant to this section, maximum sound levels shall be as
set out in Table 2 of § 90.03.
(B)
Application for permit. Any person or group of persons desiring an outdoor
amplified sound permit or a permit to exceed shall apply as provided in this section, and shall
provide all information required. All applications for a permit to exceed shall be submitted to the
Town Manager or his or her designee at least 72 hours prior to the scheduled event failure to
comply with this requirement shall be grounds for denying the permit.
(C)
Action by Town Manager. The Town Manager or his or her designee shall act
upon all requests for permits. In considering and acting on all requests for permits pursuant to
this chapter, the Town Manager shall consider, but shall not be limited to the following, in
issuing or denying the permit: The timeliness of the application; the nature of the requested
activity; previous experience with the applicant; the time of the event; other activities in the
vicinity of the location proposed; the frequency of the application; the cultural or social benefits
of the proposed activity; the effect of the activity on any residential area of the town and,
previous violations, if any, of the applicant.
(D)
Fee for permit. Every application for a permit or permits shall require a fee, of
$25 and the fee shall be amended from time to time.
(E)
Conditions on permits. Permits to exceed and outdoor amplified sound permits
shall specify the duration of which noncompliance shall be permitted and shall prescribe the
conditions or requirements necessary to minimize adverse effects upon the community or
surrounding neighborhood. The Manager or his or her designee may require, but shall not be
limited to, the following:
(1)
No sound speakers may be set up more than 15 feet off the ground unless
permanently installed and approved by the Town Manager or his or her designee;
(2)
That permit holder(s) change the arrangement of amplifying equipment or
sound instruments upon the request of any Maggie Valley police officer so as to minimize the
disturbance to others resulting from the position or orientation of the amplifying equipment or
from atmospherically or geographically caused dispersal of sound beyond the property lines;
(3)
That no permitted event may last more than 8 hours in duration. This is a
mandatory condition;
(4)
That no event may extend beyond 12:00 a.m. midnight. This is a
mandatory condition;
(5)
That permit holders hire off-duty police officers equipped with noise
meters, to monitor compliance of the applicant with the conditions on the permit. The applicant
68
will employ officers based upon the estimated number of persons attending and the type of event
to be held. The Chief of Police shall be consulted as to the number of officers to be hired for
each event. It is the responsibility of the permit holder to ensure that the number persons actually
attending the event do not exceed the estimated numbers specified in the application; and/or
(6)
That the site of the event, and the area surrounding the site of the event,
will be cleaned, by the applicant, of all the trash, litter, and debris by 10:00 a.m. the following
day, or by sunset of the day of the event if the event ends at least 4 hours before sunset.
(F)
Cooperation with police. Permit holder(s) shall agree to cooperate with the Police
Department in enforcing this chapter by having the signer(s) of the permit available at the site of
the event during the entire time for which a permit has been issued and capable of assisting the
police in enforcing this chapter. Failure of the signer(s) of a permit to be present or to assist the
police in complying with this chapter will be cause for revocation of the permit.
(Ord. 327, passed 9-16-2003)
TITLE IX: GENERAL REGULATIONS / CHAPTER 90: NOISE / § 90.07 MOTOR
VEHICLE NOISE.
§ 90.07 MOTOR VEHICLE NOISE.
(A)
It shall be unlawful for any person to drive, operate, move, or permit to be driven,
operated, or moved, a motor vehicle or combination of vehicles to include motorcycles at any
time in such a manner that the sound level of the vehicle exceeds 80 (dB).
(B)
Sound levels are to be measured at a distance of 25 feet from the nearest lane(s)
being monitored and at a height of at least 4 feet above the immediate surrounding surface.
(C)
This section shall apply to the total noise from a vehicle and shall not be
construed as limiting or precluding the enforcement of any other provisions of this chapter
relating to motor vehicle mufflers or noise control.
(D)
The use of any automobile, motorcycle, or other vehicle, in such a manner to
cause squealing or screeching of tires, or in such manner as to cause the tires to propel rock or
gravel.
(E)
Traffic, aircraft, and other transportation noise sources and other background
noises shall not be considered in taking measurements under this section.
69
TITLE IX: GENERAL REGULATIONS / CHAPTER 90: NOISE / § 90.08 MUFFLERS.
§ 90.08 MUFFLERS.
It shall be unlawful for any person to operate or cause to be operated a motor vehicle
unless the exhaust system is free from defects, which affect sound reduction.
TITLE IX: GENERAL REGULATIONS / CHAPTER 90: NOISE / § 90.09 OFF-ROAD
VEHICLES.
§ 90.09 OFF-ROAD VEHICLES.
(A)
It shall be unlawful for any person to operate or cause to be operated a recreational
or off-road motor vehicle individually, in a group, or in an organized racing event, on public or
private property in such a manner that the sound level exceeds the maximum permissible levels
set forth previously in § 90.07 adjusted to a distance of 25 feet from the path of the vehicle when
operated on public space, or at the boundary of private property when operated on private
property.
(B)
This section shall apply to all recreational vehicles, whether or not duly licensed
or registered including, but not limited to, commercial or noncommercial racing vehicles,
motorcycles, go-carts, amphibious craft, and dune buggies.
TITLE IX: GENERAL REGULATIONS / CHAPTER 90: NOISE / § 90.99 PENALTY.
§ 90.99 PENALTY.
(A)
A separate offense shall be deemed to have been committed each day during or
upon which a violations occurs or is permitted to continue. In accordance with G.S. § 160A-175,
( and unless this code of ordinances provides otherwise), violations of any provisions by a fine
not exceeding $50 or by imprisonment not exceeding 30 days.
(B)
The operation or maintenance of any device, vehicle, or machinery, or the keeping
70
of animals in violation of any provision of this chapter which causes discomfort or annoyance to
reasonable persons of normal sensitiveness or which endangers the comfort, repose, health, or
peace of residence of this town shall be deemed, and is declared to be a public nuisance, and may
be subject to abatement summarily by a restraining order or injunction issued by a court of
competent jurisdiction.
(C)
In addition to or in lieu of remedies authorized, violations of this chapter may be
prosecuted as a misdemeanor in accordance with G.S. § 160A-175.
(Ord. 327, passed 9-16-2003)
TITLE IX: GENERAL REGULATIONS / CHAPTER 91: NUISANCES
CHAPTER 91: NUISANCES
Section
General Provisions
91.001
State law reference
Weeds, Wild Growth, and Rubbish
91.015
91.016
91.017
91.018
91.019
91.020
91.021
91.022
Purpose
Conditions constituting public nuisances
Enforcement authority
Notice of findings and order of abatement
Service of notice of unlawful conditions and hearing
Statement of findings and order of abatement
Town may proceed with criminal action
Appeal
Solid Waste Nuisances
91.035
91.036
91.037
91.038
91.039
91.040
91.041
91.042
Definition
Conditions constituting solid waste nuisances
Investigation of nuisance
Notice of findings and order of abatement
Town action
Costs
Disposal of removed items
Town may proceed with criminal action
71
91.043
Equitable remedies
Weeds and Unwanted Vegetation
91.055
91.056
91.057
91.058
91.059
Between curb and sidewalk
Duty of owner to control; authority of the town to remove
Investigation by town; when deemed public nuisance
Notice to owner to abate; when notice cannot be given
Abatement by town; lien
Nuisance Vehicles
91.070
91.071
91.072
91.073
Administration
Definitions
Enforcement
Creation of lien
Regulating Abandoned and Junked Vehicles
91.085
91.086
91.087
91.088
91.089
91.090
91.091
Administration
Definitions
Vehicles exempt from subchapter
Abandonment of vehicle prohibited
Keeping on private property without consent prohibited
Removal from private property at request of owner, occupant, or lessee
Removal of abandoned or junked motor vehicles; pre-towing notice
requirements
Exceptions to prior notice requirement
Removal of vehicles; post-towing notice requirements
Right to probable cause hearing before sale or final disposition of vehicle
Redemption of vehicle during proceedings
Schedule of towing fees
Schedule of storage fees
Collection of fees
Creation of liens; enforcement
Additional remedies available
Removal and Disposition of Junked Motor Vehicles
91.092
91.093
91.094
91.095
91.096
91.097
91.098
91.099
91.100
91.115
91.116
91.117
91.118
91.119
91.120
91.121
Administration
Definitions
Junked motor vehicles regulated; removal authorized
Removal of junked motor vehicles; pre-towing notice requirements
Removal of vehicles; post-towing notice requirements
Right to probable cause hearing before sale or final disposition of vehicle
Redemption of vehicle during proceedings
72
91.122
91.123
91.124
91.125
91.126
91.127
91.999
Schedule of towing fees
Schedule of storage fees
Collection of fees
Creation of liens; enforcement
Vehicles exempt from sections
Additional remedies available
Penalty
TITLE IX: GENERAL REGULATIONS / CHAPTER 91: NUISANCES / GENERAL
PROVISIONS
GENERAL PROVISIONS
TITLE IX: GENERAL REGULATIONS / CHAPTER 91: NUISANCES / GENERAL
PROVISIONS / § 91.001 STATE LAW REFERENCE.
§ 91.001 STATE LAW REFERENCE.
Pursuant to authority granted by G.S. §§ 160A-174 and 160A-193, the Town Board of
Aldermen enacts the following provisions in order to define, prohibit, regulate, or abate acts,
omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace
and dignity of the corporate limits of the town and define and abate nuisances.
(Ord. 272, passed 12-18-2001)
TITLE IX: GENERAL REGULATIONS / CHAPTER 91: NUISANCES / WEEDS,
WILD GROWTH, AND RUBBISH
WEEDS, WILD GROWTH, AND RUBBISH
WILD GROWTH, AND RUBBISH / § 91.015 PURPOSE.
§ 91.015 PURPOSE.
Pursuant to authority granted by G.S. §§ 160A-174 and 160A-193, the Town Board of
73
Aldermen enacts the following provisions in order to define, prohibit, regulate, or abate acts,
omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace
and dignity of the corporate limits of the town and define and abate nuisances.
(Ord. 272, passed 12-18-2001)
WILD GROWTH, AND RUBBISH / § 91.016 CONDITIONS CONSTITUTING PUBLIC
NUISANCES.
§ 91.016 CONDITIONS CONSTITUTING PUBLIC NUISANCES.
(A)
Generally. It is hereby found that there are within the corporate limits of the town
the following enumerated and described conditions and the same are hereby found, deemed, and
declared to constitute public nuisances wherever the conditions may exist and the creation,
maintenance, or failure to abate the public nuisances is hereby declared unlawful.
(B)
Conditions.
(1)
The uncontrolled growth of noxious weeds, noxious weeds and grass, or
noxious weeds and other vegetation to a height in excess of 18 inches within 25 feet of a public
street, highway, or alley, or within 25 feet of a property line of an adjoining developed property;
(2)
The accumulation of animal or vegetable matter that is offensive by virtue
of odors or vapors or by the inhabitance therein of rats, mice, snakes, or vermin of any kind on a
parcel of land not larger than 2 acres and within 100 feet of a property line of an adjoining
developed property;
(3)
The collection of garbage, food waste, animal waste, or any other rotten or
putrescible matter of any kind in an open space;
(4)
The accumulation of rubbish, trash, junk, or combustible items, causing or
threatening to cause the accumulation of stagnant water or causing or threatening to cause the
inhabitance therein of mosquitoes, harmful insects, rats, mice, snakes, or vermin of any kind;
(5)
The open storage of any icebox, refrigerator, stove, water heater, freezer,
other similar large appliances, glass, scrap building materials, building rubbish, debris, or similar
items;
(6)
The obstruction of public streets, highways, or alleys;
(7)
The accumulation of yard waste, dead trees, fallen trees, sections of tree
trunks, tree limbs or tree stumps not removed within 30 days after it has acquired a situs on the
74
property. This shall not apply to accumulations of less than 2 cubic yards or to natural
accumulations on vacant parcels of land when the parcels are larger than 2 acres and the natural
accumulation is not within 50 feet of any property line of adjoining developed property;
(8)
Conditions that block, hinder, or obstruct in any way the natural flow of
branches, streams, creeks, surface waters, ditches, or drains;
(9)
Conditions that injure or cause discomfort to the community at large,
endanger life, generate disease, and have a detrimental affect on the public health, safety, and
welfare; and/or
(10) Any activity that causes or allows grass clippings or similar material to
blow, scatter or be placed upon any public street or sidewalk. In the event that grass cutting or
similar activity causes aforesaid material to accumulate upon a public street or sidewalk, the
person(s) responsible shall remove the material immediately after completing grass cutting or
similar activities.
(Ord. 318, passed 4-15-2003)
WILD GROWTH, AND RUBBISH / § 91.017 ENFORCEMENT AUTHORITY.
§ 91.017 ENFORCEMENT AUTHORITY.
It shall be the duty of the Zoning Enforcement Officer to enforce all of the provisions of
this chapter unless otherwise specified by this chapter, and to make all necessary inspections
necessary to determine whether or not the provisions of this chapter are being met.
(Ord. 272, passed 12-18-2001)
WILD GROWTH, AND RUBBISH / § 91.018 NOTICE OF FINDINGS AND ORDER OF
ABATEMENT.
§ 91.018 NOTICE OF FINDINGS AND ORDER OF ABATEMENT.
(A)
If the Zoning Enforcement Officer finds that conditions constituting a public
nuisance exist on a parcel of real property, the Officer shall issue a written notice of findings and
75
an order of abatement to the owner of the property and any other party in interest that shall:
(1)
Set out what conditions the Officer has found existing on the property that
constitute a public nuisance; and
(2)
Order the abatement of the conditions within 20 days of the date of the
notice of findings and order of abatement. When the term OWNER is used in this division (A),
OWNER shall include the owner and any party having a legal or equitable interest in the
property.
(B)
The notice required by this section shall state what conditions exist on the
property and the reasons why the conditions may constitute a violation of this chapter. The
notice shall further state that a hearing will be held before the Town Manager at a date, time, and
place fixed therein, which date shall not be less than 15 days nor more than 30 days from the date
of the notice, provided, that if the Zoning Enforcement Officer, or his or her designee shall
determine that the unlawful condition is such that it is of imminent danger or peril to the public
health or safety, then any authorized town representative may, without notice, proceed to abate
the unlawful condition. The cost of abatement of an imminent danger or peril to the public
health or safety shall be charged against the property as is provided in § 91.020.
(C)
The notice shall further state that the owner or any party in interest shall have the
right to file an answer to the notice and to appear in person, or otherwise, and give evidence at
the hearing or to request an extension of time to abate the conditions. Any person desiring to do
so may attend the hearing and give evidence relevant to the conditions then existing in the
property.
(Ord. 272, passed 12-18-2001)
WILD GROWTH, AND RUBBISH / § 91.019 SERVICE OF NOTICE OF UNLAWFUL
CONDITIONS AND HEARING.
§ 91.019 SERVICE OF NOTICE OF UNLAWFUL CONDITIONS AND HEARING.
(A)
The owner of the subject property shall be notified by personal service of the
notice or by registered or certified mail, return receipt requested. If the owner cannot be
personally served and/or refuses to accept the notice by registered mail of the violation, then the
notice shall be posted on the property in a conspicuous place and visible from the public street,
highway, or alley. If the name of the owner cannot be ascertained then the notice shall be served
on any person in possession of the subject property, or if there is no person in possession of the
property, by posting the notice on the subject property. If any such property is owned by a
76
corporation, the notice shall be served upon the registered agent or, in the absence thereof, notice
shall be served upon the corporation.
(B)
of the town.
Any notice required to be posted may be posted by any authorized representative
(Ord. 272, passed 12-18-2001)
WILD GROWTH, AND RUBBISH / § 91.020 STATEMENT OF FINDINGS AND
ORDER OF ABATEMENT.
§ 91.020 STATEMENT OF FINDINGS AND ORDER OF ABATEMENT.
(A)
If the Town Manager finds that conditions constituting a public nuisance exist on
the property, the Town Manager shall issue a written statement of findings and order of
abatement which shall: set out what conditions the Town Manager has found existing on the
property that constitute a public nuisance; and which shall order the abatement of the conditions
within 20 days of the date of the statement of findings and order of abatement.
(B)
If the owner, having been ordered to abate such a public nuisance, fails, neglects,
or refuses to abate or remove the condition constituting the nuisance within 20 days from the date
of the order, the Town Manager shall cause the condition to be removed or otherwise remedied
by having employees of the town or private contractor to go upon the premises and remove or
otherwise abate the nuisance under the supervision of an officer or employee designated by the
Town Manager. Any person who has been ordered to abate a public nuisance may within the
time allowed by this subchapter request the town in writing to remove the condition, the cost of
which shall be paid by the person making the request.
(C)
Upon the completion of the removal and abatement, the Zoning Enforcement
Officer, or his or her designee, shall deliver to the Town Tax Collector a statement showing the
actual cost of the abatement of the unlawful condition, according to the fee schedule adopted by
Town Board of Aldermen. The Tax Collector shall thereupon mail to the owner of the subject
property a bill covering the cost and the amount of the bill shall become a lien upon the subject
property and, if not paid within 30 days shall be collected as in the same manner provided for the
collection of delinquent taxes.
(Ord. 272, passed 12-18-2001)
77
WILD GROWTH, AND RUBBISH / § 91.021 TOWN MAY PROCEED WITH
CRIMINAL ACTION.
§ 91.021 TOWN MAY PROCEED WITH CRIMINAL ACTION.
The procedure set forth in this subchapter shall be in addition to any other remedies that
exist under law for the abatement of public nuisances, and this subchapter shall not prevent the
town from proceeding in a criminal action against any person violating the provisions of this
subchapter as provided in G.S. § 14-4.
(Ord. 272, passed 12-18-2001)
WILD GROWTH, AND RUBBISH / § 91.022 APPEAL.
§ 91.022 APPEAL.
Within the 20-day period mentioned in § 91.020(A), the owner of the property or other
party in interest where the nuisance exists may appeal the finding and order of abatement to the
Town Board of Aldermen by giving written notice of appeal to the Town Clerk and the appeal
shall stay the abatement of nuisances by the town until a final determination by the Town Board
of Aldermen is made. If no appeal is taken, the town may proceed to abate the nuisance.
(Ord. 272, passed 12-18-2001)
TITLE IX: GENERAL REGULATIONS / CHAPTER 91: NUISANCES / SOLID
WASTE NUISANCES
SOLID WASTE NUISANCES
WASTE NUISANCES / § 91.035 DEFINITION.
§ 91.035 DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context
78
clearly indicates or requires a different meaning.
SOLID WASTES. All useless, unwanted, or discarded nongaseous and non-liquid
material resulting from domestic, industrial, commercial, or community activities.
(Ord. 398, passed 9-20-2005)
WASTE NUISANCES / § 91.036 CONDITIONS CONSTITUTING SOLID WASTE
NUISANCES.
§ 91.036 CONDITIONS CONSTITUTING SOLID WASTE NUISANCES.
(A)
Generally. The existence of an accumulation of solid wastes on any lot or parcel
of land within the corporate limits, uncovered or enclosed or under circumstances otherwise
resulting in or threatening to cause any of the following conditions, is hereby declared to be
dangerous and prejudicial to the public health or safety and to constitute a nuisance.
(B)
Conditions.
(1)
A fire hazard;
(2)
Accumulation of stagnant water;
(3)
Inhabitation therein of rats or other vermin of any kind;
(4)
Substantial risk of injury to minors or other persons, such as but not
limited to open storage or accumulation of any abandoned refrigerator or other appliance, glass,
building materials, or similar items;
(5)
The collection of garbage, food waste, animal waste, or any other rotten or
putrescible matter of any kind in an open space;
(6)
The accumulation of rubbish, trash, junk, or combustible items, causing or
threatening to cause the accumulation of stagnant water or causing or threatening to cause the
inhabitance therein of mosquitoes, harmful insects, rats, mice, snakes, or vermin of any kind;
(7)
The obstruction of public streets, highways, or alleys;
(8)
The accumulation of yard waste, dead trees, fallen trees, sections of tree
trunks, tree limbs or tree stumps not removed within 30 days after it has acquired a situs on the
property. This shall not apply to accumulations of less than 2 cubic yards or to natural
accumulations on vacant parcels of land when the parcels are larger than 2 acres and the natural
79
accumulation is not within 50 feet of any property line of adjoining developed property;
(9)
Conditions that block, hinder, or obstruct in any way the natural flow of
branches, streams, creeks, surface waters, ditches, or drains;
(10) Any activity that causes or allows grass clippings or similar material to
blow, scatter or be placed upon any public street or sidewalk. In the event that grass cutting or
similar activity causes aforesaid material to accumulate upon a public street or sidewalk, the
person(s) responsible shall remove the material immediately after completing grass cutting or
similar activities;
(11) Emission or effluence of noxious or offensive particulate matter, dust,
sludge, or other materials or substances which tend to pollute or contaminate land, water or air,
rendering or tending to render it injurious to human health, habitation or welfare, to animal or
plant life or to property; provided that this subsection shall be construed consistent with and
supplementary to, and not in conflict with, applicable state and federal laws and regulations; and
(12) Any condition detrimental to the public health which violates state or
federal law, or the rules and regulations of the Haywood County Health Department.
WASTE NUISANCES / § 91.037 INVESTIGATION OF NUISANCE.
§ 91.037 INVESTIGATION OF NUISANCE.
The Building Inspector, upon notice from any person of the possible existence of any of
the conditions described in § 91.036, shall cause to be made by the appropriate Haywood County
Health Department Official, or Building Inspector, the investigation as may be necessary to
determine whether conditions exist which may constitute a public nuisance as declared in §
91.036.
(Ord. 398, passed 9-20-2005)
WASTE NUISANCES / § 91.038 NOTICE OF FINDINGS AND ORDER OF
ABATEMENT.
80
§ 91.038 NOTICE OF FINDINGS AND ORDER OF ABATEMENT.
If a determination is made that the conditions constituting a public nuisance exist, the
Town Manager, or his or her assignee, shall notify, in writing, the owner and lessee or occupied
of the premises in question of the conditions constituting the public nuisance and shall order the
prompt abatement thereof within 15 days from the receipt of the written notice.
(Ord. 398, passed 9-20-2005)
WASTE NUISANCES / § 91.039 TOWN ACTION.
§ 91.039 TOWN ACTION.
If the owner, or lessee or occupier, having been ordered to abate such a public nuisance,
fails, neglects or refuses to abate or remove the condition constituting the nuisance within 15
days from receipt of the order, the Town Manager, or his or her assignee, may cause the
condition to be removed or otherwise remedied by having employees of the Town of Maggie
Valley to go upon the premises and remove or otherwise abate, the nuisance under the
supervision of an appropriate officer or employee. Any person who has been ordered to abate a
public nuisance may within the time allowed by this subchapter request the Town of Maggie
Valley in writing to remove the condition, the cost of which shall be paid by the person making
the request.
(Ord. 398, passed 9-20-2005)
WASTE NUISANCES / § 91.040 COSTS.
§ 91.040 COSTS.
The total costs incurred by the Town of Maggie Valley in removing or otherwise
remedying a public nuisance shall be charged to the owner of the lot or parcel of land, and it shall
be the duty of the Tax Collector to mail a statement of the charges to the owner or other person in
possession of the premises with instructions that the charges are due and payable within 30 days
from the receipt thereof. In any case in which the costs are imposed under the provisions of this
81
subchapter, the Town Manager, or his or her assignee, shall properly certify to the Tax Collector,
in writing, the nature of the work and date performed, the name of the property owner, the
address of the property, materials, investigation of ownership and violation, inspection, and the
like.
(Ord. 398, passed 9-20-2005)
WASTE NUISANCES / § 91.041 DISPOSAL OF REMOVED ITEMS.
§ 91.041 DISPOSAL OF REMOVED ITEMS.
In the event charges for the removal or abatement of a public nuisance are not paid within
30 days after the receipt of a statement of charges as provided for in this ordinance, the charges
shall become a lien collected as unpaid taxes, together with any legal expenses including
attorneys fees, as provided in G.S. § 160A-193.
(Ord. 398, passed 9-20-2005)
WASTE NUISANCES / § 91.042 TOWN MAY PROCEED WITH CRIMINAL ACTION.
§ 91.042 TOWN MAY PROCEED WITH CRIMINAL ACTION.
The procedure set forth in this subchapter shall be in addition to any other remedies that
may now or hereafter exist under law for the abatement of public nuisances and this ordinance
shall not prevent the institution of criminal charges against any person, firm or corporation
violating the provisions of this subchapter.
(Ord. 398, passed 9-20-2005)
WASTE NUISANCES / § 91.043 EQUITABLE REMEDIES.
§ 91.043 EQUITABLE REMEDIES.
In addition to other available remedies, this subchapter may be enforced by an appropriate
82
equitable remedy issuing from a court of competent jurisdiction and applied for the Town of
Maggie Valley as provided in G.S. § 160A-175(d).
(Ord. 398, passed 9-20-2005)
TITLE IX: GENERAL REGULATIONS / CHAPTER 91: NUISANCES / WEEDS AND
UNWANTED VEGETATION
WEEDS AND UNWANTED VEGETATION
UNWANTED VEGETATION / § 91.055 BETWEEN CURB AND SIDEWALK.
§ 91.055 BETWEEN CURB AND SIDEWALK.
No plantings or other obstruction more than 30 inches high may be made on the
right-of-way between the curb and sidewalk for a distance of 50 feet from the corners of
intersections.
UNWANTED VEGETATION / § 91.056 DUTY OF OWNER TO CONTROL;
AUTHORITY OF THE TOWN TO REMOVE.
§ 91.056 DUTY OF OWNER TO CONTROL; AUTHORITY OF THE TOWN TO
REMOVE.
(A)
Heavy undergrowths and excessive accumulations of plant growth such as grass
and weeds shall not be permitted to exceed 10 inches in height, whether upon occupied property
or vacant lots within the town or within 1 mile of the corporate limits. Every owner, lessee,
occupant, or person in possession of property in the town or within 1 mile thereof shall cut down,
within 10 inches of the ground, all weeds, grass or other noxious growth thereon as often as may
be necessary.
(B)
If the weeds, grass, or other noxious growth are not cut in compliance with this
section, the Town of Maggie Valley, through its agents and employees, shall proceed to have the
weeds, grass, or other noxious growth cut out, and the owner, lessee, occupant, or person in
83
possession of the property shall be responsible to the town for the cost thereof as provided in
G.S. § 160A-193.
UNWANTED VEGETATION / § 91.057 INVESTIGATION BY TOWN; WHEN
DEEMED PUBLIC NUISANCE.
§ 91.057 INVESTIGATION BY TOWN; WHEN DEEMED PUBLIC NUISANCE.
(A)
The Town Manager, or his or her assignee, upon notice from any person of the
existence of the conditions described in division (B) below, shall make or cause to be made such
investigations as may be necessary to determine whether, in fact, the conditions constitute a
public nuisance.
(B)
The uncontrolled growth of noxious weeds and grass, causing or threatening to
cause conditions dangerous and prejudicial to the public health or a fire hazard dangerous to the
public safety, upon any premises or upon any vacant lot is hereby declared to be a public
nuisance.
(Ord. 399, passed 9-20-2005)
UNWANTED VEGETATION / § 91.058 NOTICE TO OWNER TO ABATE; WHEN
NOTICE CANNOT BE GIVEN.
§ 91.058 NOTICE TO OWNER TO ABATE; WHEN NOTICE CANNOT BE GIVEN.
(A)
Following the investigation provided in § 91.057(A), and upon determination by
the Town Manager, or his or her assignee, that the conditions constitute a public nuisance, the
Town Manager, or his or her assignee, shall notify, in writing, the owner, lessee, occupant, or
person in possession of the premises in question of the condition constituting a public nuisance
and shall order the prompt abatement thereof.
(B)
In any case in which the Town Manager, or his or her assignee, is unable to give
written notice to the owner, lessee, occupant, or person in possession of the premises upon which
a nuisance exists, whether by reason of inability to identify the person or to ascertain his or her
address, the Town Manager, or his or her assignee, shall give notice by publication in a
84
newspaper of general circulation which is qualified under G.S. § 1-597 to publish legal
advertisements in the county. At the same time, the Town Manager, or his or her assignee, shall
post a copy of the notice at a conspicuous place upon the premises in question. The 10-day
period provided in § 91.059(A) shall commence to run from the date of publication, and the cost
of the publication shall be included in the cost of removal of the conditions which constitute the
nuisance.
(Ord. 399, passed 9-20-2005)
UNWANTED VEGETATION / § 91.059 ABATEMENT BY TOWN; LIEN.
§ 91.059 ABATEMENT BY TOWN; LIEN.
(A)
Any person who, under the provisions of § 91.058(A) has been ordered to abate a
public nuisance may, within 10 days from receipt of the order, request the Town Manager, or his
or her assignee, in writing to remove the conditions constituting the nuisance, the costs of the
removal to be paid by the person making the request. If not paid, the costs shall be a lien upon
the land and premises where the nuisance was situated and shall be collected as unpaid taxes as
provided in G.S. § 160A-193.
(B)
If any person who, under the provisions of § 91.058(A), has been ordered to abate
a nuisance, fails to do so or fails to request the Town Manager, or his or her assignee, to do so,
within 10 days of receipt of the order, the Town Manager, or his or her assignee, shall proceed to
remove the conditions constituting the nuisance. The costs of the removal shall be a lien upon
the premises where the nuisance was situated and shall be collected as unpaid taxes as provided
in G. S. § 160A-193.
(Ord. 399, passed 9-20-2005)
TITLE IX: GENERAL REGULATIONS / CHAPTER 91: NUISANCES / NUISANCE
VEHICLES
NUISANCE VEHICLES
VEHICLES / § 91.070 ADMINISTRATION.
85
§ 91.070 ADMINISTRATION.
The Zoning Enforcement Officer shall be responsible for the removal, abatement, or
remedy of nuisance vehicles.
(Ord. 272, passed 12-18-2001)
VEHICLES / § 91.071 DEFINITIONS.
(A)
For the purpose of this subchapter, the following definition shall apply unless the
NUISANCE VEHICLE. A vehicle on public or private property that is
determined and declared to be a health or safety hazard, a public nuisance, and unlawful by the
Town Board of Aldermen.
(B)
A vehicle is determined and declared to be a health or safety hazard, a public
nuisance, and unlawful if the vehicle is:
(1)
A breeding ground or harbor for mosquitoes, other insects, rats, snakes, or
other pests;
(2)
inches in height;
(3)
A point of heavy growth of weeds or other noxious vegetation over 8
A point of collection of pools or ponds of water;
(4)
A point of concentration of quantities of gasoline, oil, or other flammable
or explosive materials as evidenced by odor or other evidence;
(5)
One which has areas of confinement which cannot be operated from the
inside of the area, such as trunks, hoods, and the like;
(6)
So situated or located that there is a danger of it falling or turning over;
(7)
One which is a point of collection of garbage, food waste, animal waste, or
any other rotten or putrescible matter of any kind; or
86
(8)
of metal or glass.
One that has sharp parts thereof, which are jagged or contain sharp edges
VEHICLES / § 91.072 ENFORCEMENT.
§ 91.072 ENFORCEMENT.
(A)
The Zoning Enforcement Officer shall notify the owner of the premises upon
which a nuisance vehicle is found that the owner of the premises is in violation of this
subchapter.
(B)
The Zoning Enforcement Officer shall notify the owner by certified mail,
registered mail or by personal services as by law provided, which notification shall be in writing
and shall contain:
(1)
A brief statement of why the vehicle is a nuisance, citing the appropriate
section or sections of this subchapter;
(2)
A statement that the keeping of the vehicle on the owner’s premises is
unlawful;
(3)
A request that the owner of the premises voluntarily remove, abate, or
remedy the nuisance within 30 days of the mailing or service of the notice; and
(4)
A statement advising the owner that if the nuisance vehicle is not
removed, abated, or remedied, the town will take appropriate legal action to remove, abate, or
remedy the nuisance and that the expense of the action shall be paid by the owner of the
premises, and if not paid, the expense shall be a lien upon the premises.
(C)
If the owner of the premises fails to voluntarily remove, abate, or remedy the
nuisance within the 30-day period provided for in division (B) above, the Zoning Enforcement
Officer shall conduct a hearing to determine if the owner of the premises should be ordered to
remove, abate, or remedy the nuisance and shall give the owner of the premises written notice of
hearing by certified mail, registered mail or personal service as by law provided, which notice of
hearing shall be in writing and shall contain:
(1)
A brief statement describing the vehicle and stating why it is a nuisance
vehicle including a citation if the appropriate section or sections of this subchapter together with
a brief description of the remises upon which it is located;
87
(2)
A statement that a hearing will be held before the Zoning Enforcement
Officer at a designated place, date, and time which date shall be not less than 15 days or more
than 30 days from the date of the mailing or service of the notice of hearing; and
(3)
A statement that the owner has a right to appear at the hearing, be
represented by counsel and offer evidence in the enforcement proceeding.
(D)
Within 5 days of the conclusion of the hearing, the Zoning Enforcement Officer
shall enter a written order in the enforcement proceeding which order shall either:
(1)
Contain a finding that the vehicle is not a nuisance vehicle; or
(2)
Order the owner to remove, abate, or remedy the nuisance within 30 days
following the date of the service of the order upon the owner by certified mail, registered mail, or
personal service as by law provided.
(E)
In the event the owner fails to remove, abate, or remedy the nuisance as ordered,
the Zoning Enforcement Officer shall notify the Town Board of Aldermen of the owner’s failure
or refusal to comply with the order to remove, abate, or remedy the nuisance.
(F)
Upon receipt of the Zoning Enforcement Officer’s notice that an owner has failed
to remove, abate, or remedy a nuisance vehicle, the Town Board of Aldermen may direct that any
appropriate legal action or proceeding be initiated to remove, abate, or remedy the nuisance.
(Ord. 272, passed 12-18-2001)
VEHICLES / § 91.073 CREATION OF LIEN.
§ 91.073 CREATION OF LIEN.
In the event the town takes action to remove, abate, or remedy the nuisance, the expense
of the action shall be paid by the person in default in failing to remove, abate, or remedy the
nuisance, and, if not paid, the expenses shall be a lien upon the land or premises where the
nuisance occurred and shall be collected as unpaid taxes.
(Ord. 272, passed 12-18-2001)
TITLE IX: GENERAL REGULATIONS / CHAPTER 91: NUISANCES / REGULATING
ABANDONED AND JUNKED VEHICLES
88
REGULATING ABANDONED AND JUNKED VEHICLES
ABANDONED AND JUNKED VEHICLES / § 91.085 ADMINISTRATION.
(A)
The Police Department shall be responsible for the administration and
enforcement of the removal and disposition of abandoned and junked motor vehicles located on
public streets or highways.
(B)
The Zoning Enforcement Officer shall be responsible for the administration and
enforcement of the removal and disposition of abandoned and junked motor vehicles located on
any other property owned or operated by the town or on private property.
(Ord. 272, passed 12-18-2001)
ABANDONED AND JUNKED VEHICLES / § 91.086 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context
ABANDONED MOTOR VEHICLE. A motor vehicle that:
(1)
Has been left upon a public street or highway in violation of a law or
ordinance prohibiting parking;
(2)
Is left on property owned or operated by the town for longer than 24 hours;
(3)
Is left on private property without the consent of the owner, occupant, or
lessee thereof for longer than 2 hours; or
(4)
Is left on any public street or highway for longer than 7 days.
JUNKED MOTOR VEHICLE. An abandoned motor vehicle that also:
89
(1)
Is partially dismantled or wrecked;
(2)
Cannot be self-propelled or moved in the manner in which it was
originally intended to move;
(3)
Is more than 5 years old and worth less than $100; or
(4)
Does not display a current license plate or inspection sticker.
MOTOR VEHICLE. All machines designed or intended to travel over land or water by
self-propulsion or while attached to any self-propelled vehicle.
UPON A STREET OR HIGHWAY. The period of time when any portion of a vehicle is
touching or projecting over or upon any traveled or dedicated portion of any street or highway.
(Ord. 272, passed 12-18-2001)
Removal and disposal of junked and abandoned vehicles, see G.S. § 160A-303
ABANDONED AND JUNKED VEHICLES / § 91.087 VEHICLES EXEMPT FROM
SUBCHAPTER.
§ 91.087 VEHICLES EXEMPT FROM SUBCHAPTER.
Nothing in this subchapter shall be construed to apply to:
(A)
Any vehicle in an enclosed building;
(B)
Any vehicle on the premises of a business enterprise being operated in a lawful
place and manner when the vehicle is necessary to the operation of the business enterprise; or
(C)
Any vehicle in an appropriate storage place or depository maintained in a lawful
place and manner by the town.
(Ord. 272, passed 12-18-2001)
ABANDONED AND JUNKED VEHICLES / § 91.088 ABANDONMENT OF VEHICLE
PROHIBITED.
90
§ 91.088 ABANDONMENT OF VEHICLE PROHIBITED.
It shall be unlawful for a person to abandon a motor vehicle on the public streets or on
public or private property within the town. Any junked or abandoned vehicle found to be in
violation of this section may be removed to a storage garage or area.
ABANDONED AND JUNKED VEHICLES / § 91.089 KEEPING ON PRIVATE
PROPERTY WITHOUT CONSENT PROHIBITED.
§ 91.089 KEEPING ON PRIVATE PROPERTY WITHOUT CONSENT PROHIBITED.
It shall be unlawful for any person to keep a junked or abandoned vehicle on private
property within the town without the consent of the owner, lessee, or occupant of the premises.
ABANDONED AND JUNKED VEHICLES / § 91.090 REMOVAL FROM PRIVATE
PROPERTY AT REQUEST OF OWNER, OCCUPANT, OR LESSEE.
§ 91.090 REMOVAL FROM PRIVATE PROPERTY AT REQUEST OF OWNER,
OCCUPANT, OR LESSEE.
(A)
Any junked or abandoned motor vehicle found to be in violation of § 91.089 may
be removed to a storage garage or area, but no vehicle shall be removed from private property
without the written request of the owner, lessee, or occupant of the premises unless the Zoning
Enforcement Officer has declared the vehicle to be a health or safety hazard.
(B)
Any person requesting the removal of a junked or abandoned motor vehicle from
private property shall indemnify the town against any loss, expense, or liability incurred because
of the removal, storage, or sale thereof.
91
ABANDONED AND JUNKED VEHICLES / § 91.091 REMOVAL OF ABANDONED OR
JUNKED MOTOR VEHICLES; PRE-TOWING NOTICE REQUIREMENTS.
§ 91.091 REMOVAL OF ABANDONED OR JUNKED MOTOR VEHICLES;
PRE-TOWING NOTICE REQUIREMENTS.
(A)
Except as set forth in § 91.092, an abandoned or junked vehicle that is to be
removed shall be towed only after notice to the registered owner or person entitled to possession
of the vehicle. In the case of a junked motor vehicle, if the names and mailing addresses of the
registered owner or person entitled to the possession of the vehicle, or the owner, lessee, or
occupant of the real property upon which the vehicle is located can be ascertained in the exercise
of reasonable diligence, the notice shall be given by first class mail. The person who mails the
notice(s) shall retain a written record to show the name(s) and address(es) to which mailed, and
the date mailed. If the names and addresses cannot be ascertained or if the vehicle to be removed
is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other
conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the town
on a specified date (no sooner than 7 days after the notice is affixed). The notice shall state that
the vehicle will be removed by the town on a specified date, no sooner than 7 days after the
notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to
that time.
(B)
With respect to abandoned vehicles on private property and junked motor vehicles
to which prior notice is required to be given, if the registered owner or person entitled to
possession does not remove the vehicle but chooses to appeal the determination that the vehicle
is an abandoned or junked motor vehicle, the appeal shall be made to the Town Board of
Aldermen in writing, heard at the next regularly scheduled meeting of the Town Board of
Aldermen, and further proceedings to remove the vehicle shall be stayed until the appeal is heard
and decided. The determination of the Town Board of Aldermen may be appealed. The appeal
shall be made within 10 days of the determination by the Town Board of Aldermen and shall be
to the District Court of Haywood County.
(Ord. 272, passed 12-18-2001)
ABANDONED AND JUNKED VEHICLES / § 91.092 EXCEPTIONS TO PRIOR
NOTICE REQUIREMENT.
92
§ 91.092 EXCEPTIONS TO PRIOR NOTICE REQUIREMENT.
(A)
Generally. The requirement that notice be given prior to the removal of an
abandoned or junked motor vehicle may, as determined by the authorizing official, be omitted in
those circumstances where there is a special need for prompt action to eliminate traffic
obstructions or to otherwise maintain and protect the public safety and welfare. The findings
shall, in all cases, be entered by the authorizing official and kept on file for inspection upon
request.
(B)
Circumstances. Circumstances justifying the removal of vehicles without prior
notice include:
(1)
Vehicles abandoned on the streets. For vehicles left on the public streets
and highways, the Town Board of Aldermen hereby determines that immediate removal of the
vehicles may be warranted when they are:
(a)
Obstructing traffic;
(b)
Parked in violation of an ordinance prohibiting or restricting
(c)
Parked in a no-stopping or standing zone;
(d)
Parked in loading zones;
(e)
Parked in bus zones; or
(f)
Parked in violation of temporary parking restrictions imposed
parking;
under code sections.
(2)
Other abandoned vehicles. With respect to abandoned vehicles left on
town-owned property other than the streets and highways, and on private property, the vehicles
may be removed without giving prior notice only in those circumstances where the authorizing
official finds a special need for prompt action to protect and maintain the public health, safety
and welfare. By way of illustration and not of limitation, the circumstances include vehicles
blocking or obstructing ingress and egress to businesses and residences, vehicles parked in such a
location or manner as to pose a traffic hazard, and vehicles causing damage to public or private
property.
(Ord. 272, passed 12-18-2001)
93
ABANDONED AND JUNKED VEHICLES / § 91.093 REMOVAL OF VEHICLES;
POST-TOWING NOTICE REQUIREMENTS.
§ 91.093 REMOVAL OF VEHICLES; POST-TOWING NOTICE REQUIREMENTS.
(A)
Any abandoned or junked motor vehicle which has been ordered removed may, as
directed by the town, be removed to a storage garage or area by the tow truck operator or towing
business contracting to perform the services for the town. Whenever such a vehicle is removed,
the authorizing town official shall immediately notify the last known registered owner of the
vehicle, the notice to include the following:
(1)
The description of the removed vehicle;
(2)
The location where the vehicle is stored;
(3)
The violation with which the owner is charged, if any; and
(4)
on the removal.
The procedure the owner must follow to request a probable cause hearing
(B)
The town shall attempt to give notice to the vehicle owner by telephone; however,
whether or not the owner is reached by telephone, written notice, including the information set
forth in divisions (A)(1) through (A)(4) above, shall also be mailed to the registered owner’s last
known address, unless this notice is waived in writing by the vehicle owner or his or her agent.
(C)
If the vehicle is registered in North Carolina; notice shall be given within 24
hours. If the vehicle is not registered in the state, notice shall be given to the registered owner
within 72 hours from the removal of this vehicle.
(D)
Whenever an abandoned or junked vehicle is removed, and the vehicle has no
valid registration or registration plates, the authorizing town official shall make reasonable
efforts, including checking the vehicle identification number, to determine the last known
registered owner of the vehicle and to notify him or her of the information set forth in divisions
(A)(1) through (A)(4) above.
(Ord. 272, passed 12-18-2001)
ABANDONED AND JUNKED VEHICLES / § 91.094 RIGHT TO PROBABLE CAUSE
HEARING BEFORE SALE OR FINAL DISPOSITION OF VEHICLE.
94
§ 91.094 RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL
DISPOSITION OF VEHICLE.
After the removal of an abandoned vehicle or junked motor vehicle, the owner or any
other person entitled to possession is entitled to a hearing for the purpose of determining if
probable cause existed for removing the vehicle. A request for hearing must be filed in writing
with the county magistrate designated by the chief district court judge to receive the hearing
requests. The magistrate will set the hearing within 72 hours of receipt of the request, and the
hearing will be conducted in accordance with the provisions of G.S. § 20-219.11, as amended.
Any aggrieved party may appeal the magistrate’s decision to district court.
(Ord. 272, passed 12-18-2001)
ABANDONED AND JUNKED VEHICLES / § 91.095 REDEMPTION OF VEHICLE
DURING PROCEEDINGS.
§ 91.095 REDEMPTION OF VEHICLE DURING PROCEEDINGS.
At any stage in the proceedings, including before the probable cause hearing, the owner
may obtain possession of the removed vehicle by paying the towing fee, including any storage
charges, or by posting a bond for double the amount of the fees and charges with the town. Upon
regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle
shall not allow or engage in further violations of this subchapter.
(Ord. 272, passed 12-18-2001)
ABANDONED AND JUNKED VEHICLES / § 91.096 SCHEDULE OF TOWING FEES.
§ 91.096 SCHEDULE OF TOWING FEES.
The fees for towing shall be as set out in the schedule of towing fees, a copy of which
shall be maintained by the Town Clerk and by the Zoning Enforcement Officer.
(Ord. 272, passed 12-18-2001)
95
ABANDONED AND JUNKED VEHICLES / § 91.097 SCHEDULE OF STORAGE FEES.
§ 91.097 SCHEDULE OF STORAGE FEES.
The fees for storage shall be as set out in the schedule of storage fees, a copy of which
(Ord. 272, passed 12-18-2001)
ABANDONED AND JUNKED VEHICLES / § 91.098 COLLECTION OF FEES.
§ 91.098 COLLECTION OF FEES.
The town shall be responsible for collecting towing and storage fees for a vehicle found
to be in violation of this subchapter.
(Ord. 272, passed 12-18-2001)
ABANDONED AND JUNKED VEHICLES / § 91.099 CREATION OF LIENS;
ENFORCEMENT.
§ 91.099 CREATION OF LIENS; ENFORCEMENT.
(A)
The towing and storage charges provided for in §§ 91.096 and 91.097 shall be a
lien upon the vehicle.
(B)
The charges for which the lien is claimed under this section may be enforced by a
sale of the vehicle if the owner fails to claim the vehicle and pay the charges within 30 days
following the expiration of the time within which an appeal could have been taken or within 30
days following a final determination of the matter on appeal whichever date occurs first. If the
lien is enforced by a sale of the vehicle, the procedure shall be as provided by G.S. §§ 44A-4,
44A-5, and 44A-6 where the property upon which the lien is claimed is a motor vehicle, provided
that if no one purchases the vehicle at the sale and/or if the value of the vehicle is less than the
96
amount of the lien, the vehicle may be destroyed.
(Ord. 272, passed 12-18-2001)
ABANDONED AND JUNKED VEHICLES / § 91.100 ADDITIONAL REMEDIES
AVAILABLE.
§ 91.100 ADDITIONAL REMEDIES AVAILABLE.
In addition to the enforcement procedures provided for in this subchapter, the town may
initiate any appropriate action or proceedings to prevent, restrain, correct, or abate the violation
of this subchapter.
(Ord. 272, passed 12-18-2001)
TITLE IX: GENERAL REGULATIONS / CHAPTER 91: NUISANCES / REMOVAL
AND DISPOSITION OF JUNKED MOTOR VEHICLES
REMOVAL AND DISPOSITION OF JUNKED MOTOR VEHICLES
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.115 ADMINISTRATION.
The Zoning Enforcement Officer shall be responsible for the administration and
enforcement of this subchapter. The town may contract with private tow truck operators or
towing businesses to remove to a designated storage garage or area junked motor vehicles in
compliance with this subchapter and applicable state laws. Nothing in this subchapter shall be
construed to limit the legal authority or powers of the Zoning Enforcement Officer or officers of
the Police Department in enforcing other laws or in otherwise carrying out their duties.
(Ord. 272, passed 12-18-2001)
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.116 DEFINITIONS.
97
For the purpose of this subchapter, the following definitions shall apply unless the context
AUTHORIZING OFFICIAL. The Zoning Enforcement Officer, or his or her designee,
is designated to authorize the removal of vehicles under the provisions of this subchapter.
JUNKED MOTOR VEHICLE. As authorized and defined in G.S. § 160A-303.2, the
term JUNKED MOTOR VEHICLE means a vehicle that does not display a current license plate
lawfully upon that vehicle and that:
(1)
Is partially dismantled or wrecked;
(2)
Cannot be self-propelled or moved in the manner in which it originally
was intended to move; or
(3)
Is more than 5 years old and appears to be worth less than $100.
MOTOR VEHICLE or VEHICLE. All machines designed or intended to travel over
land by self-propulsion or while attached to any self-propelled vehicle.
(Ord. 272, passed 12-18-2001)
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.117 JUNKED MOTOR
VEHICLES REGULATED; REMOVAL AUTHORIZED.
§ 91.117 JUNKED MOTOR VEHICLES REGULATED; REMOVAL AUTHORIZED.
(A)
It shall be unlawful for the registered owner or person entitled to the possession of
a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a
junked motor vehicle is located to leave or allow the vehicle to remain on the property after the
vehicle has been ordered removed.
(B)
It shall be unlawful to have more than 1 junked motor vehicle, as defined herein,
on the premises of public or private property. Single, permitted junked motor vehicle must
strictly comply with the location and concealment requirements of this section.
(C)
It shall be unlawful for any owner, person entitled to the possession of a junked
motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked
98
motor vehicle is located to fail to comply with the locational requirements or the concealment
requirements of this section.
(D)
Subject to the provisions of division (E) below, upon investigation, the Zoning
Enforcement Officer may order the removal of a junked motor vehicle as defined in this section
after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens
imposed on the private property owner. The finding shall be based on a balancing of the
monetary loss of the owner or person entitled to possession against the corresponding gain to the
public by promoting or enhancing community, neighborhood, or area appearance. The following
among other relevant factors may be considered:
(1)
Protection of property values;
(2)
Promotion of tourism and other economic development opportunities;
(3)
Indirect protection of public health and safety;
(4)
Preservation of the character and integrity of the community; and
(5)
Promotion of the comfort, happiness, and emotional stability of area
residents.
(E)
Permitted concealment of enclosure of junked motor vehicle:
(1)
One junked motor vehicle, in its entirety, can be located in the rear yard as
defined by the town’s zoning ordinance if the junked motor vehicle is entirely concealed from
public view from a public street and from abutting premises by an acceptable covering; and
(2)
The Zoning Enforcement Officer has the authority to determine whether
any junked motor vehicle is adequately concealed as required by this provision. The covering or
enclosure must be compatible with the objectives stated in this chapter.
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.118 REMOVAL OF
JUNKED MOTOR VEHICLES; PRE-TOWING NOTICE REQUIREMENTS.
§ 91.118 REMOVAL OF JUNKED MOTOR VEHICLES; PRE-TOWING NOTICE
REQUIREMENTS.
(A)
A junked vehicle that is to be removed pursuant to § 91.117 shall be towed only
after notice to the registered owner or person entitled to possession of the vehicle. If the names
99
and mailing addresses of the registered owner or person entitled to the possession of the vehicle,
or the owner, lessee, or occupant of the real property upon which the vehicle is located can be
ascertained in the exercise of reasonable diligence, the notice shall be given by first-class mail.
The person who mails the notice(s) shall retain a written record to show the name(s) and
address(es) to which mailed, and the date mailed. If the names and addresses cannot be
ascertained, notice shall be given by affixing on the windshield or some other conspicuous place
on the vehicle a notice indicating that the vehicle will be removed by the town on a specified date
(no sooner than 7 days after the notice is affixed.) The notice shall state that the vehicle will be
removed by the town on a specified date, no sooner than 7 days after the notice is affixed or
mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.
(B)
If the registered owner or person entitled to possession does not remove the
vehicle but chooses to appeal the determination that the vehicle is a junked motor vehicle, the
appeal shall be made to the Town Board of Aldermen in writing, heard at the next regularly
scheduled meeting of the Town Board of Aldermen, and further proceedings to remove the
vehicle shall be stayed until the appeal is heard and decided. The determination of the Town
Board of Aldermen may be appealed. The appeal shall be made within ten days of the
determination by the Town Board of Aldermen and shall be to the District Court of Haywood
County.
(Ord. 272, passed 12-18-2001)
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.119 REMOVAL OF
VEHICLES; POST-TOWING NOTICE REQUIREMENTS.
§ 91.119 REMOVAL OF VEHICLES; POST-TOWING NOTICE REQUIREMENTS.
(A)
Any junked motor vehicle which has been ordered removed may, as directed by
the town, be removed to a storage garage or area by the tow truck operator or towing business
contracting to perform the services for the town. Whenever such a vehicle is removed, the
authorizing town official shall immediately notify the last known registered owner of the vehicle,
the notice to include the following:
(1)
The description of the removed vehicle;
(2)
The location where the vehicle is stored;
(3)
The violation with which the owner is charged, if any; and
(4)
The procedure the owner must follow to request a probable cause hearing
100
on the removal.
(B)
The town shall attempt to give notice to the vehicle owner by telephone; however,
whether or not the owner is reached by telephone, written notice, including the information set
forth in divisions (A)(1) through (A)(4) above, shall also be mailed to the registered owner’s last
known address, unless this notice is waived in writing by the vehicle owner or his or her agent.
(C)
If the vehicle is registered in North Carolina; notice shall be given within 24
hours. If the vehicle is not registered in the state, notice shall be given to the registered owner
within 72 hours from the removal of this vehicle.
(D)
Whenever an abandoned or junked vehicle is removed, and the vehicle has no
valid registration or registration plates, the authorizing town official shall make reasonable
efforts, including checking the vehicle identification number, to determine the last known
registered owner of the vehicle and to notify him or her of the information set forth in divisions
(A)(1) through (A)(4) above.
(Ord. 272, passed 12-18-2001)
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.120 RIGHT TO
PROBABLE CAUSE HEARING BEFORE SALE OR FINAL DISPOSITION OF
VEHICLE.
§ 91.120 RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL
DISPOSITION OF VEHICLE.
After the removal of an abandoned vehicle or junked motor vehicle, the owner or any
other person entitled to possession is entitled to a hearing for the purpose of determining if
probable cause existed for removing the vehicle. A request for hearing must be filed in writing
with the county magistrate designated by the Chief of District Court Judge to receive the hearing
requests. The magistrate will set the hearing within 72 hours of receipt of the request, and the
hearing will be conducted in accordance with the provisions of G.S. § 20-219.11, as amended.
Any aggrieved party may appeal the magistrate’s decision to district court.
(Ord. 272, passed 12-18-2001)
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.121 REDEMPTION OF
VEHICLE DURING PROCEEDINGS.
101
§ 91.121 REDEMPTION OF VEHICLE DURING PROCEEDINGS.
At any stage in the proceedings, including before the probable cause hearing the owner
may obtain possession of the removed vehicle by paying the towing fee, including any storage
charges, or by posting a bond for double the amount of the fees and charges with the town. Upon
regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle
shall not allow or engage in further violations of this subchapter.
(Ord. 272, passed 12-18-2001)
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.122 SCHEDULE OF
TOWING FEES.
§ 91.122 SCHEDULE OF TOWING FEES.
The fees for towing shall be set out in the schedule of towing fees, a copy of which shall
be maintained by the Town Clerk and the Zoning Enforcement Officer.
(Ord. 272, passed 12-18-2001)
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.123 SCHEDULE OF
STORAGE FEES.
§ 91.123 SCHEDULE OF STORAGE FEES.
The fees for storage shall be as set out in the schedule of storage fees, a copy of which
(Ord. 272, passed 12-18-2001)
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.124 COLLECTION OF
FEES.
102
§ 91.124 COLLECTION OF FEES.
The town shall be responsible for collecting towing and storage fees for a vehicle found
to be in violation of this subchapter.
(Ord. 272, passed 12-18-2001)
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.125 CREATION OF
LIENS; ENFORCEMENT.
§ 91.125 CREATION OF LIENS; ENFORCEMENT.
(A)
The towing and storage charges provided for in §§ 91.122 and 91.123 shall be a
lien upon the vehicle.
(B)
The charges for which the lien is claimed under this section may be enforced by a
sale of the vehicle if the owner fails to claim the vehicle and pay the charges within 30 days
following the expiration of the time within which an appeal could have been taken or within 30
days following a final determination of the matter on appeal whichever date occurs first. If the
lien is enforced by a sale of the vehicle, the procedure shall be as provided by G.S. §§ 44A-4,
44A-5, and 44A-6 where the property upon which the lien is claimed is a motor vehicle, provided
that if no one purchases the vehicle at the sale and/or if the value of the vehicle is less than the
amount of the lien, the vehicle may be destroyed.
(Ord. 272, passed 12-18-2001)
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.126 VEHICLES EXEMPT
FROM SECTIONS.
§ 91.126 VEHICLES EXEMPT FROM SECTIONS.
No motor vehicle that is used on a regular basis for business or personal use shall be
removed or disposed of pursuant to §§ 91.115 through 91.125.
103
(Ord. 272, passed 12-18-2001)
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.127 ADDITIONAL
REMEDIES AVAILABLE.
§ 91.127 ADDITIONAL REMEDIES AVAILABLE.
In addition to the enforcement procedures provided for in this subchapter, the town may
initiate any appropriate action or proceedings to prevent, restrain, correct, or abate the violation
of this subchapter.
(Ord. 272, passed 12-18-2001)
AND DISPOSITION OF JUNKED MOTOR VEHICLES / § 91.999 PENALTY.
§ 91.999 PENALTY.
(A)
(1)
Enforcement. In addition to any remedies hereinbefore specifically
authorized by this chapter, the provisions of this chapter may be enforced by the town by any
appropriate legal or equitable remedy authorized by G.S. § 160A-175, with the exception of
subsection (b).
(2)
General penalty for violation of chapter. Any person violating any
provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be
punished for each offense by a fine not exceeding $500 or by imprisonment not to exceed 30
days. Each day the violation continues shall be deemed a separate offense.
(3)
Civil penalty; nonexclusive. Violations of this chapter may also be
punished by a civil penalty in the amount of $100 for each violation which shall be enforced as
provided by G.S. § 160A-175, the remedy shall be nonexclusive.
(Ord. 272, passed 12-18-2001)
(B)
Also, in addition to other available remedies, any violation of the provisions of §§
91.035 et seq. may subject the offender to a civil penalty in an amount up to $50 per day, which
may be recovered by the Town of Maggie Valley in a civil action in the nature of dept if the
offender does not pay the penalty within 30 days after he or she has been cited by the Town
104
Manager, or his or her assignee, for violation, as provided in G.S. § 160A-175(c).
(Ord. 398, passed 9-20-2005)
TITLE IX: GENERAL REGULATIONS / CHAPTER 92: PUBLIC HEALTH AND
SAFETY
CHAPTER 92: PUBLIC HEALTH AND SAFETY
Section
92.01
Generally
TITLE IX: GENERAL REGULATIONS / CHAPTER 92: PUBLIC HEALTH AND
SAFETY / § 92.01 GENERALLY.
§ 92.01 GENERALLY.
(A)
The Town of Maggie Valley shall have authority to summarily remove, abate, or
remedy everything in the town limits, or within 1 mile thereof, that is dangerous or prejudicial to
the public health or public safety. Pursuant to this section, the Town of Maggie Valley Board of
Aldermen may order the removal of a swimming pool and its appurtenances upon a finding that
the swimming pool or its appurtenances is dangerous or prejudicial to public health or safety.
The expense of the action shall be paid by the person in default. If the expense is not paid, it is a
lien on the land or premises where the nuisance occurred. A lien established pursuant to this
division (A) shall have the same priority and be collected as unpaid ad valorem taxes.
(B)
The expense of the action is also a lien on any other real property owned by the
person in default within the town limits or within 1 mile of the town limits, except for the
person’s primary residence. A lien established pursuant to this division (B) is inferior to all prior
liens and shall be collected as a money judgment. This division (B) shall not apply if the person
in default can show that the nuisance was created solely by the actions of another.
(Ord. 400, passed 9-20-2005)
TITLE IX: GENERAL REGULATIONS / CHAPTER 93: STREETS AND SIDEWALKS
105
CHAPTER 93: STREETS AND SIDEWALKS
Section
93.01
93.02
93.99
Weeds on sidewalks prohibited
Protection of town sidewalks
Penalty
/ § 93.01 WEEDS ON SIDEWALKS PROHIBITED.
§ 93.01 WEEDS ON SIDEWALKS PROHIBITED.
(A)
It shall be unlawful for any owner, lessee, or occupant having control of any lot of
ground or any part of a lot of ground situated in the Town of Maggie Valley to allow or permit
any shrubbery, undergrowth, weeds, or any other form of plant growth to grow upon, protrude, or
project into or upon any sidewalk within the Town of Maggie Valley which borders the lot.
(B)
It shall be the duty of the Chief of Police, pursuant to the direction of the Town
Manager of the Town of Maggie Valley to notify the owner, lessee, or occupant in writing that
the owner, lessee, or occupant is permitting any shrubbery, undergrowth, trees, weeds, or any
other form of plant growth to grow upon, protrude, or project into or upon any sidewalk within
the Town of Maggie Valley. The notice shall be served by the Chief of Police upon the owner,
lessee, or occupant of the lot and each and every day the owner, lessee, or occupant shall permit
the growth to remain upon the lot or any part of the lot after the notice shall constitute a separate
offense.
(C)
In the event that the owner, lessee, or occupant of any lot or any part of the lot
upon which the growth has grown or is growing in violation of this section does not cut or have
the same cut or refuses to obey or abide by any notice from the town to have the same cut, the
town may, through its proper officers, enter the premises and remove the growth. The costs of
the removal by the town shall be charged and assessed against the owner, lessee, or occupant of
the premises in the same manner and shall have the same force and effect as a tax lien against the
premises.
106
/ § 93.02 PROTECTION OF TOWN SIDEWALKS.
§ 93.02 PROTECTION OF TOWN SIDEWALKS.
(A)
No person shall move, transport, propel, or drive on any sidewalk within the town
limits of the Town of Maggie Valley, North Carolina, any car, truck, motorcycle, tractor, or other
motorized vehicle or machine.
(B)
Bicycles, tricycles, and skateboards are specifically excluded from the operation
of this section.
(C)
No person shall willfully or wantonly damage, injure, deface, or mar, in any
manner whatsoever, any sidewalk within the town limits of the Town of Maggie Valley, North
Carolina.
(D)
The Town of Maggie Valley shall have the right and privilege to repair any injury,
defacement, or marring caused by a violation of either division (A) or division (C) above and to
assess the costs thereof against the offender.
(E)
This section shall become effective on 6-27-1978.
/ § 93.99 PENALTY.
§ 93.99 PENALTY.
(A)
Any person violating any provision of this chapter for which no specific penalty is
prescribed shall be subject to § 10.99.
(B)
Any violation of § 93.02 shall be deemed a misdemeanor and punishable by a fine
not exceeding $50, as provided in G.S. § 14-4.
(Ord. 23, passed 6-27-1978)
TITLE IX: GENERAL REGULATIONS / CHAPTER 94: BIRD SANCTUARY
107
CHAPTER 94: BIRD SANCTUARY
Section
94.01
94.02
Town designated a bird sanctuary
Prohibited conduct
TITLE IX: GENERAL REGULATIONS / CHAPTER 94: BIRD SANCTUARY / § 94.01
TOWN DESIGNATED A BIRD SANCTUARY.
§ 94.01 TOWN DESIGNATED A BIRD SANCTUARY.
The entire area embraced within the corporate limits of the Town of Maggie Valley,
North Carolina, shall be and the same is hereby designated as a bird sanctuary.
(Ord. 33, passed 2-19-1980)
TITLE IX: GENERAL REGULATIONS / CHAPTER 94: BIRD SANCTUARY / § 94.02
PROHIBITED CONDUCT.
§ 94.02 PROHIBITED CONDUCT.
It shall be unlawful for any person within the Town of Maggie Valley, North Carolina, to
trap, hunt, shoot, or attempt to shoot, or molest in any manner any bird or wild fowl or to rob
bird’s nest or wild fowl nests in any manner whatsoever.
TITLE XI: BUSINESS REGULATIONS
TITLE XI: BUSINESS REGULATIONS
Chapter
108
110.
GENERAL PROVISIONS
111.
TAXICABS
112.
SEXUALLY-ORIENTED BUSINESSES
113.
MASSAGE BUSINESSES
TITLE XI: BUSINESS REGULATIONS / CHAPTER 110: GENERAL PROVISIONS
Section
110.01
Outdoor sales
TITLE XI: BUSINESS REGULATIONS / CHAPTER 110: GENERAL PROVISIONS / §
110.01 OUTDOOR SALES.
§ 110.01 OUTDOOR SALES.
(A)
The requirements of this section shall apply to all areas within the Town of
Maggie Valley zoning jurisdiction. Any permanent business with a current business license
issued by the Town of Maggie Valley will be permitted to have outdoor sales or displays only on
their property. Permanent licensed businesses may only display and/or sell merchandise offered
inside their business. No outside/out of town vendors will be allowed to sell or display
merchandise.
(B)
Businesses having outdoor sales/merchandise areas shall meet the following
requirements, to protect the safety and health of their employees and the public.
(1)
No fixtures or devices on which outdoor merchandise is displayed shall be
attached to the sidewalk, public utilities, or other public areas without the permission of the
Town of Maggie Valley. Outdoor merchandise areas shall not be permitted within 3 feet of the
sidewalk or within 3 feet of a roadway entrance or exit of the subject business.
(2)
All merchandise located within an outdoor merchandise area shall be
placed so that the outdoor merchandise and the fixtures or devices on which the merchandise is
displayed are stable and not easily tipped, and shall not be hazardous to the public.
109
(3)
All merchandise and the fixtures or devices on which the merchandise is
displayed shall be moved inside the building or structure wherein the retail business is located
during hours the retail business is not operated.
(4)
All merchandise and the display tent/structure, fixtures, or devices on
which the merchandise is displayed must be secured so that it may not be dislodged during windy
or stormy weather.
(5)
In the event of a declared emergency or in a situation where exigent
circumstances arise, the business shall remove all articles from the merchandise area when
directed to do so by any law or code enforcement officer, fire official, or emergency medical
personnel.
(6)
The permit holder for the outdoor merchandise area shall be responsible
for the maintenance, upkeep, and security of the display structure, and/or fixtures or devices on
which the merchandise is displayed. Any permit holder agrees that the Town of Maggie Valley
shall not be responsible for the same, including, but not limited to, loss of personal/business
property, theft, damage, and/or injuries upon their property.
(7)
The permit holder for the outdoor merchandise area shall be responsible
for keeping the outdoor merchandise area clean of garbage, trash, paper, cups, cans, or litter
associated with the operation of the outdoor merchandise area.
(8)
The permit holder for the outdoor merchandise area shall comply with
Chapter 153. All permit holders will be provided a copy of Chapter 153 upon request.
(9)
Outdoor merchandise areas shall not contain dangerous or exotic animals:
i.e., snakes, pit bulls, rottweilers, or Doberman pincher dogs, or any other animal considered by
the Code Enforcement Officer to be a danger/nuisance to the public, and the like.
(10) If any outdoor merchandise is displayed with the use of a tent, the tent
shall be a manufactured “easy-up” style tent which has been safely secured for the welfare and
safety of the public, and without use of any cinder/concrete blocks or other potentially dangerous
items for support. If any tents are closer than 10 feet from a permanent structure, then in that
event the display tent is required to be made entirely of flame-retardant material. One fire
extinguisher in good working condition is required to be easily available and within 20 feet of
any tents displaying outdoor merchandise.
(11) Nonprofit organizations may conduct outdoor sales on any property with
written consent of the property owner.
(12) Food vendors will be required to meet all health regulations and obtain any
and all permits required for the sale of food.
110
(13) This section does not apply to events held on the Festival Grounds, also all
promotional events refer to the special events ordinance.
(14) Any for-profit entertainment and convention facilities must acquire a
special events permit from the Town Board of Aldermen in order to have outdoor sales and be
exempt from the provisions of this section. A for-profit entertainment and convention facility
shall be defined as a facility in which the major activities are the provision of entertainment and
convention.
(Ord. 466, passed 4-18-2006)
TITLE XI: BUSINESS REGULATIONS / CHAPTER 111: TAXICABS
CHAPTER 111: TAXICABS
Section
111.01
111.02
111.03
111.04
111.05
111.06
111.07
111.08
111.09
111.10
111.11
111.12
111.99
Definitions
License and permit required
Application generally
Applicant’s fingerprints and photograph required
Insurance
Investigation of facts stated in application
Issuance; circumstances
Display
Rates to be posted in vehicle
Vehicles to be in good mechanical condition; inspection of vehicles
Permit expiration and renewal
Revocation; grounds
Penalty
TITLE XI: BUSINESS REGULATIONS / CHAPTER 111: TAXICABS / § 111.01
DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
111
TAXICAB. Any motor vehicle operated upon any street or highway on call or on
demand, accepting or soliciting passengers indiscriminately for hire between the points along
streets or highways as may be directed by the passenger or passengers so being transported, and
shall not include motor vehicles carrying more than 7 passengers or motor vehicle carriers as
defined by the North Carolina General Statutes.
TAXICAB SERVICE/BUSINESS. Any business, company, or corporation providing,
owning, advertising, or promoting one or more vehicles for hire that meet the definition of a
taxicab.
(Ord. 240, passed 9-19-2000)
LICENSE AND PERMIT REQUIRED.
§ 111.02 LICENSE AND PERMIT REQUIRED.
(A)
No taxicab business or service may locate or operate within the corporate limits of
the town unless they have first applied for and secured from the town a privilege license to
operate a taxicab service/business.
(B)
No person shall drive any taxicab carrying passengers for hire from place to place
within the corporate limits of the town unless he or she has first applied for and secured, from the
town, a permit to operate a taxicab.
APPLICATION GENERALLY.
§ 111.03 APPLICATION GENERALLY.
Application for a taxicab permit required by this chapter shall be made upon blanks
furnished by the town for that purpose and shall, among other things, state the name, address,
physical condition, description, former employers, court record, and state driver’s license number
of the applicant. The application shall be signed and sworn to by the applicant and by the taxicab
service/ business with which the applicant is officiated.
112
(Ord. 240, passed 9-19-2000)
APPLICANT’S FINGERPRINTS AND PHOTOGRAPH REQUIRED.
§ 111.04 APPLICANT’S FINGERPRINTS AND PHOTOGRAPH REQUIRED.
An applicant for a permit under this chapter shall appear at the office of the Police
Department for the purpose of having his or her fingerprints taken, and shall submit 2 recent
color photographs of not more than 4 inches by 5 inches made and attached to the application,
both of which shall constitute a part of his or her application.
(Ord. 240, passed 9-19-2000)
INSURANCE.
§ 111.05 INSURANCE.
The applicant for either a taxicab or taxicab service/business shall furnish and keep in
effect for each taxicab a policy of insurance or surety bond in the amounts required and
acceptable to State of North Carolina for taxicabs.
(Ord. 240, passed 9-19-2000)
INVESTIGATION OF FACTS STATED IN APPLICATION.
§ 111.06 INVESTIGATION OF FACTS STATED IN APPLICATION.
The Chief of Police is hereby charged with the duty of investigating the facts stated in an
application for a permit under this chapter, and shall report the findings and recommendations to
the Manager, who shall either approve the license or refer the application to the Town Board for
action.
(Ord. 240, passed 9-19-2000)
113
ISSUANCE; CIRCUMSTANCES.
§ 111.07 ISSUANCE; CIRCUMSTANCES.
If the town finds that the applicant for a permit under this chapter has not been convicted
of a felony, a violation of any federal or state statute relating to the use, possession, or sale of
narcotic drugs, or federal or state statute relating to gambling, and that the applicant is a citizen
of the United States and is not an habitual user of intoxicating liquors or narcotic drugs, and has
not been a habitual violator of traffic laws or ordinances, the Town Manager may issue a permit
to the applicant. If however, there is question as to the business or applicant’s character or
history, then the Manager shall refer the application to the Board of Aldermen for review and
action.
(Ord. 240, passed 9-19-2000)
DISPLAY.
§ 111.08 DISPLAY.
The driver of every taxicab shall, at all times while operating the vehicle, prominently
post and display in the taxicab, so as to be visible to the passengers therein, his or her permit to
drive the taxicab.
RATES TO BE POSTED IN VEHICLE.
§ 111.09 RATES TO BE POSTED IN VEHICLE.
It shall be unlawful for any person to operate a taxicab, or to permit the operation of a
taxicab owned by him or her, within the corporate limits of the town unless the rates and/or fares
for the use of the vehicle are at all times posted and displayed in the vehicles so as to be visible to
passengers therein.
114
VEHICLES TO BE IN GOOD MECHANICAL CONDITION; INSPECTION OF
VEHICLES.
§ 111.10 VEHICLES TO BE IN GOOD MECHANICAL CONDITION; INSPECTION OF
VEHICLES.
(A)
All taxicabs operated within the town shall be kept in good mechanical condition
at all times and the owner or operator shall have the vehicles inspected from time to time and at
regular intervals by an experienced and competent automobile mechanic. It shall be unlawful for
any person to operate any such vehicles for the transportation of passengers for hire, when same
is not in good mechanical condition.
(B)
It shall be the duty of the owner and/or driver of any taxicab to have the same
inspected immediately at any time when ordered so to do by the Chief of Police or other police
officer of the town, and that it shall be unlawful to operate such a vehicle, when so ordered, until
it has been inspected, and all necessary repairs made, which inspection shall be made at the
expense of the owner or operator.
PERMIT EXPIRATION AND RENEWAL.
§ 111.11 PERMIT EXPIRATION AND RENEWAL.
All permits issued under this chapter shall automatically expire and be null and void on
June 30 next following the date of issuance. The permits may be renewed for periods of 12
months by the town upon a 30-day advance application and compliance with the same terms and
conditions as are prescribed for original applications and the issuance of original permits. Fees
shall be levied as proscribed by G.S. § 20-97.
(Ord. 240, passed 9-19-2000)
REVOCATIONS; GROUNDS.
115
§ 111.12 REVOCATIONS; GROUNDS.
(A)
Generally. The Board may at any time revoke any permit issued by authority of
this chapter for any one, or more, of the following causes.
(B)
Causes.
(1)
Failure to maintain motor equipment in good repair;
(2)
Failure to carry liability insurance or bond as required;
(3)
Failure to pay to the town any taxes or license fees imposed upon the
taxicabs;
(4)
Violation(s) by the taxicab driver of traffic and safety ordinance(s) or
federal or state laws relating to alcoholic beverages, prostitution, or gambling;
(5)
Conviction of felony;
(6)
Failure to report accidents; and
(7)
Willful failure to comply with any provision of this chapter or other
ordinances or state laws relating to the operation of taxicabs.
(Ord. 240, passed 9-19-2000)
PENALTY.
§ 111.99 PENALTY.
(A)
Any person violating any provisions of this chapter shall be guilty of a
misdemeanor and, upon conviction, shall be punished for each offense by a fine not exceeding
$500 or by imprisonment not to exceed 30 days. Each day the violation continues shall be
deemed a separate offense.
(B)
In addition to the above statement and in accordance with G.S. § 160A-175, the
Town of Maggie Valley shall have the power to impose penalties for the violation of the
provisions of this chapter as provided in this section. The town may enforce this chapter by any
one, all, or a combination of the remedies authorized and prescribed by G.S. § 160A-175, with
the exception of subsection (b). When a violation subjects an offender to a civil penalty, the
116
penalty shall be up to $500 per day. Further, this chapter shall provide that each calendar day’s
continuing violation shall constitute a separate and distinct offense.
(Ord. 251, passed 2-20-2001)
TITLE XI: BUSINESS REGULATIONS / CHAPTER 112: SEXUALLY-ORIENTED
BUSINESSES
CHAPTER 112: SEXUALLY-ORIENTED BUSINESSES
Section
112.01
112.02
112.03
112.04
112.05
112.06
112.07
112.08
112.09
112.10
112.11
112.12
112.13
112.14
112.15
112.16
112.17
112.18
112.19
112.20
112.21
112.22
112.23
112.24
Purpose
Definitions
Application for licenses
Application procedures
Prohibited acts and conduct
License; posting and display
Inspections
Suspension or revocation of licenses
License renewal
Transfer of license
Locational restrictions
Nonconforming uses
Additional regulations for adult motels
Additional regulations for escort agencies
Additional regulations for nude model studios
Regulations pertaining to exhibition of sexually-explicit films, videos, and live
performances
Exterior portions of sexually-oriented businesses
Signage
Massages or baths administered by a person of the opposite sex
Hours of operation
Exemptions
Notices
Injunction
Conflicts
117
BUSINESSES / § 112.01 PURPOSE.
§ 112.01 PURPOSE.
(A)
The purpose of this chapter shall be to set forth the regulatory and licensing
requirements for adult establishments located within the Town of Maggie Valley. Adult
establishments, because of their very nature, are recognized as having serious objectionable
operational characteristics. Studies and experiences that are relevant to North Carolina have
shown that lower property values and increased crime rates tend to accompany and are brought
about by adult establishments. The Board of Aldermen finds that regulation of these uses is
necessary to ensure that these adverse secondary effects do not contribute to the blighting of
surrounding neighborhoods and to regulate acts, omissions, or conditions detrimental to the
health, safety, or welfare and the peace and dignity of the town. Regulation to achieve these
purposes can be accomplished by the procedures set forth hereinafter.
(B)
The provisions of this chapter have neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative materials, including
sexually-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or
deny access by adults to sexually-oriented materials protected by the First Amendment, or to
deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended
market. This chapter represents a balancing of the legitimate ends of the community by imposing
an incidental, content-neutral place, time, and manner regulation of sexually-oriented businesses,
without limiting alternative avenues of communication and, at the same time, requiring the
business to carry its share of financing administrative and enforcement activities.
(Ord. 187, passed 6-5-1997)
BUSINESSES / § 112.02 DEFINITIONS.
ADULT BOOKSTORE. A bookstore:
(1)
Which receives a majority of its gross income during any calendar month
from the sale or rental of publications (including books, magazines, which are distinguished or
characterized by their emphasis on matter depicting, describing, or relating to specified sexual
118
activities or specified anatomical areas, as defined in this section or other periodicals, videotapes,
compact discs, other photographic, electronic, magnetic, digital, or other imaging medium);
and/or
(2)
Having as a preponderance (either in terms of the weight and importance
of the material or in terms of greater volume of materials) of its publications, including books,
magazines, other periodicals, videotapes, compact discs, other photographic, electronic,
magnetic, digital, or other imaging medium, which are distinguished or characterized by their
emphasis on matter depicting describing, or relating to specified sexual activities or specified
anatomical areas, as defined in this section.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment
that on a regular, sporadic, or transient basis features:
(1)
Persons who appear in a state of nudity or semi-nudity;
(2)
Live performances that are characterized by the exposure of specified
anatomical areas or specified sexual activities;
(3)
Films, motion pictures, videocassettes, slides, or other photographic
reproductions that are characterized by the depiction or description of specified sexual activities
or specified anatomical areas; or
(4)
Persons who engage in erotic dancing or performances that are intended
for the sexual interests or titillation of an audience or customers.
ADULT ESTABLISHMENT. An adult bookstore, adult cabaret, adult motel, adult
motion picture theater, adult mini motion picture theater, escort agency, exotic car wash, exotic
maid service, nude modeling studios, sexual encounter center or any other sexually-oriented
business that is similar in nature or intent to any other adult entertainment business as defined in
this section.
ADULT LIVE ENTERTAINMENT. Any performance of or involving the actual
presence of real people which exhibits specified sexual activities or specified sexual activities or
specified anatomical areas, as defined in this section.
ADULT LIVE ENTERTAINMENT BUSINESS. Any establishment or business
wherein adult live entertainment is shown for observation by patrons. This shall apply whether
the entertainment is presented on a regular, sporadic, or transient basis.
ADULT MINI MOTION PICTURE THEATER. An enclosed building with viewing
booths designed to hold patrons which is used for presenting motion pictures, a preponderance of
which are distinguished or characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activities or specified anatomical areas as defined in this section, for
119
observation by patrons therein.
ADULT MOTEL. A hotel, motel, or similar commercial establishment that:
(1)
Offers accommodation to the public for any form of consideration and
provides patrons with closed-circuit television transmissions, films, motion pictures,
videocassettes, slides, or other photographic reproductions that are characterized by the depiction
or description of specified sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way that advertises the availability of this adult type of photographic
reproductions;
(2)
Offers a sleeping room for rent for a period of time that is less than 24
hours; or
(3)
Allows a tenant or occupant of a sleeping room to subrent the room for a
period of time that is less than 24 hours.
ADULT MOTION PICTURE THEATER. An enclosed building or premises used for
presenting motion pictures, a preponderance of which are distinguished or characterized by an
emphasis on matter depicting, describing, or relating to specified sexual activities or specified
anatomical areas, as defined in this section, for observation by patrons therein. ADULT
MOTION PICTURE THEATER does not include any adult mini motion picture theater as
defined in this section.
EMPLOYEE. A person who performs any service on the premises of a sexually-oriented
business on a full-time, part-time, contract basis, or independent basis, whether or not the person
is denominated an employee, independent contractor, agent, or otherwise, and whether or not the
person is paid a salary, wage, or other compensation by the operator of the business.
EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of
the premises or equipment on the premises, or for the delivery of goods to the premises, nor does
EMPLOYEE include a person exclusively on the premises as a patron or customer.
ENLARGEMENT OF A SEXUALLY-ORIENTED BUSINESS. The increase in floor
areas occupied by the business by more than 10%, as the floor areas exist on 6-1-1997.
ESCORT. A person who, for consideration, agrees or offers to act as a companion,
guide, or date for another person, or who agrees or offers to privately model lingerie or to
privately perform a striptease for another person and whose advertisements, promotions, or
obvious intent to the public is sexual in nature.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish,
or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other
consideration and whose advertisements, promotions, or obvious intent to the public is sexual in
120
nature.
ENTERTAINER. Any person who provides entertainment within or at an adult
establishment, whether or not a fee is charged or accepted for entertainment and whether or not
entertainment is provided by that person as an employee or an independent contractor.
EROTIC. Refers to any seductive , titillating , lustful, immodest, indecent, suggestive,
passionate, or similar, reference, act , service, or deed.
ESTABLISHMENT. Includes any of the following:
(1)
The opening or commencement of any sexually-oriented business as a new
business;
(2)
The conversion of an existing business, whether or not a sexually-oriented
business, to any sexually-oriented business;
(3)
The additions of any sexually-oriented business to any other existing
sexually-oriented business; or
(4)
The relocation of any sexually-oriented business.
EXOTIC CAR WASH. A facility that offers a car cleaning or washing service performed
by employees that are in a state of nudity or semi-nudity.
EXOTIC MAID SERVICE. Any cleaning service for a residence or business where the
employee is in a state of nudity or semi-nudity.
LICENSED DAY-CARE CENTER. A facility licensed by the state of North Carolina,
whether situated within the city or not, that provides care, training, education, custody, treatment,
or supervision for more than 12 children under 14 years of age, where the children are not related
by blood, marriage, or adoption to the owner or operator of the facility, for less than 24 hours a
day, regardless of whether or not the facility is operated for a profit or charges for the services it
offers.
LICENSEE. A person in whose name a license has been issued, as well as the individual
listed as an applicant on the application for a license.
NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or
displays specified anatomical areas is provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by other persons for consideration.
NUDITY or a STATE OF NUDITY. The appearance of a human bare buttock, anus,
anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than fully
opaque covering; or human male genitals in a discernibly turgid state even if completely and
121
opaquely covered.
PERSON. An individual, proprietorship, partnership, corporation, association, or other
legal entity.
PREMISES. The real property upon which the sexually-oriented business is located, and
all appurtenances thereto and buildings thereon, including, but not limited to, the
sexually-oriented business, the grounds, private walkways, and parking lots and/or parking
garages adjacent thereto, under the ownership, control, or supervision of the licensee, as
described in the application for a business license pursuant to § 112.04.
SEMI-NUDE. The appearance of the female breast below a horizontal line across the
top of the areola at its highest point. This definition shall include the entire lower portion of the
human female breast, but shall not include any portion of the cleavage of the human female
breast exhibited by a dress, blouse, skirt, leotard, bathing suit, other wearing apparel, provided
the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as 1 of
its principal business purposes, offers for any form of consideration:
(1)
the opposite sex; or
Physical contact in the form of wrestling or tumbling between persons of
(2)
Activities between male and female persons and/or persons of the same
sex when 1 or more of the persons is in a state of nudity or semi-nude.
SEXUALLY-ORIENTED BUSINESS. Any businesses or enterprises that have as one
of their principal business purposes or as a significant portion of their business an emphasis on
matter and conduct depicting, describing, or related to anatomical areas and sexual activities as
specified in G.S. § 14-202.10. This term may be used interchangeably with ADULT
ESTABLISHMENT.
SEXUALLY-ORIENTED DEVICES. Without limitation, any artificial or simulated
specified anatomical area or their device or paraphernalia that is designed principally for
specified sexual activities, but shall not mean any contraceptive device.
SPECIFIED ANATOMICAL AREAS. Means:
(1)
Less than completely and opaquely covered:
(a)
Human genitals, pubic region;
(b)
Buttock; or
(c)
Female breast below a point immediately above the top of the
122
areola.
(2)
opaquely covered.
Human male genitals in a discernibly turgid state, even if completely and
SPECIFIED SEXUAL ACTIVITIES. Means:
(1)
Human genitals in a state of sexual stimulation or arousal;
(2)
Acts of human masturbation, sexual intercourse, or sodomy; or
(3)
Fondling or other erotic touching of human genitals, pubic regions,
buttocks, or female breasts.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY-ORIENTED
BUSINESS. Means and includes any of the following:
(1)
The sale, lease, or sublease of the business;
(2)
The transfer of securities that form a controlling interest in the business,
whether by sale, exchange, or similar means; or
(3)
The establishment of a trust, gift, or other similar legal device that
transfers the ownership of control of the business, except for the transfer by bequest or other
operation of law upon the death of the person possessing the ownership or control.
TOWN. The Town of Maggie Valley, North Carolina.
TOWN MANAGER. The chief administrative town official. The TOWN MANAGER is
responsible for the enforcement of this chapter.
(Ord. 187, passed 6-5-1997)
BUSINESSES / § 112.03 APPLICATION FOR LICENSES.
§ 112.03 APPLICATION FOR LICENSES.
(A)
Business license.
(1)
It shall be unlawful for any person to operate or maintain an adult
establishment in the town unless the owner or operator thereof has obtained an adult
establishment license from the town. It shall also be unlawful for any person to operate the
123
business after the license has been revoked or suspended by the city or has expired.
(2)
It shall be unlawful for any entertainer to knowingly perform any work,
service, or entertainment directly related to the operation of an unlicenced adult establishment
within the town.
(3)
It shall be prima facie evidence that any adult establishment that fails to
have posted, in the manner required by this chapter, an adult establishment license, has not
obtained such a license. In addition, it shall be prima facie evidence that any entertainer who
performs any service or entertainment in an adult establishment in which an adult establishment
license is not posted, in the manner required by this chapter, had knowledge that the business was
not licensed.
(B)
Entertainer license. It is unlawful for any person to work as an entertainer at an
adult establishment without first obtaining a license to do so from the town, or to work as an
entertainer at an adult establishment after the person’s license to do so has been revoked or
suspended by the town or has expired.
(C)
License classification and fees.
(1)
The term of all licenses required under this chapter shall be for a period of
12 months, commencing on the date of issuance of the license. The application for a license
shall be accompanied by payment in full of the fees referred to in this chapter and established by
the Board of Aldermen. Payment shall be made by certified or cashier’s check or money order.
No application shall be considered complete until all the fees are paid.
(2)
All licenses shall be issued for a specific location and/or person and shall
be nonrefundable and nontransferable.
(3)
The license fees shall be as set by the Board of Aldermen from time to
time and be recorded in the Town Board of Aldermen meeting minutes at which they are set.
BUSINESSES / § 112.04 APPLICATION PROCEDURES.
§ 112.04 APPLICATION PROCEDURES.
(A)
Adult establishment business license. All persons desiring to secure a license to
conduct, operate, or maintain an adult establishment under the provisions of this chapter shall
make a verified application to the Town Manager. All applications shall be submitted in the
124
name of the person proposing to conduct, operate, or maintain the adult establishment. All
applications shall be submitted on a form supplied by the Town Manager and shall require the
following information. Failure to provide the information and documentation required by this
division (A) shall constitute an incomplete application and it shall not be processed until
complete.
(1)
The applicant’s full name and any aliases or other names by which the
applicant is known or which the applicant has used at any time, and the residence addresses for
the past 2 years, the business and home telephone numbers, occupation, date, and place of birth,
social security number, driver’s license number, and a recent photograph of the applicant;
(2)
(a)
The name of the adult establishment, a description of the adult
entertainment to be performed on the licensed premises, the name of the owner of the premises
where the adult establishment will be located, the business address and Haywood County parcel
identification number on which the business resides;
(b)
If the persons identified as the fee owner(s) of the tract of land in
division (A)(2)(a) above is/are not also the owner(s) of the establishment, then the lease,
purchase contract, purchase option contract, lease option contract, or other document(s)
evidencing the legally enforceable right of the owners or proposed owners of the adult
establishment to have or obtain the use and possession of the tract or portion thereof that is to be
used for the purpose of the operation of an adult establishment;
(c)
A current certificate and straight-line drawing prepared within 30
days prior to application by a registered land surveyor depicting the property lines and the
structures containing any existing sexually-oriented businesses within 1,000 feet of the property
to be certified; the property lines of any established religious institution/synagogue, school,
library, or public park or recreation area within 1,000 feet of the property to certified. For
purposes of this section, a use shall be considered existing or established if it is in existence at
the time an application is submitted; and
(d)
Any of the criteria above shall not be required for a renewal
application if the applicant states that the documents previously furnished the Town Manager
with the original application or previous renewals thereof remain correct and current.
(3)
The names, residence addresses for the past 2 years, social security
numbers, and dates of birth of all partners, if the applicant is a partnership; and if the applicant is
a corporation, the same information for all corporate officers, directors, and individuals having a
10% or greater interest in the corporation;
(4)
(a)
A statement from the applicant, or from each partner, or from each
corporate officer, director, or 10% shareholder, that each person has not been convicted or
released from confinement for conviction of, or diverted from prosecution on:
125
1.
A felony criminal act within 5 years immediately preceding
2.
A misdemeanor criminal act within 2 years immediately
the application; or
preceding the application.
(b)
Where the felony or misdemeanor criminal act involved sexual
offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography, or related
offenses as defined in the laws of North Carolina or any other comparable violation of the laws
of this state or the laws of any other state.
(5)
If the applicant is a corporation, a current certificate of existence issued by
the North Carolina Secretary of State;
(6)
A statement signed under oath that the applicant has personal knowledge
of the information contained in the application and that the information contained therein is true
and correct and that the applicant has read the provisions of this chapter regulating adult
establishments;
(7)
All applicants shall submit to fingerprinting by a Maggie Valley police
officer. The fingerprint cards shall be submitted to the S.B.I. for processing. Returned
fingerprint cards and criminal histories shall be kept on file in the Maggie Valley Police
Department; and
(8)
A statement signed under oath that the applicant(s) consents to
investigation of his or her background by the town to include fingerprinting and that the
applicant(s) agrees to furnish, within 10 days at his or her expense, a criminal history from the
clerk of court of any county in which the applicant has resided during the 5 preceding years.
(B)
Adult entertainer license. All persons desiring to secure a license under the
provisions of this chapter to be an entertainer shall make a verified application to the Town
Manager. All applications shall be made in person to the Town Manager or his or her designee.
All applications shall be submitted on a form supplied by the Town Manager and shall require
the following information. Failure to provide the information required by this division (B) shall
constitute an incomplete application and it shall not be processed until complete.
(1)
The applicant’s full name and any aliases or other names by which the
applicant is known or which the applicant has used at any time, and the residence addresses for
the past 2 years, the home telephone number, date and place of birth, social security number, and
any stage names or nicknames used in entertaining;
(2)
The name and address of the adult establishment where the applicant
intends to work as an entertainer;
126
(3)
A statement from the applicant that the applicant has not been convicted
of, released from confinement for conviction of, or diverted from prosecution on:
(a)
A felony criminal act within 5 years immediately preceding the
application; or
(b)
A misdemeanor criminal act within 2 years immediately preceding
the application, where the felony or misdemeanor criminal act involved sexual offenses,
prostitution, promotion of prostitution, sexual abuse of a child, pornography, or related offenses
as defined in the laws of the State of North Carolina or any other comparable violation of the
laws of this state or the laws of any other state.
(4)
Photographs shall be taken of the applicant by the Town Manager or his or
her designee and the Town Manager shall have the photographs processed and retain the copies;
(5)
All applicants shall submit to fingerprinting by a Maggie Valley police
officer. The fingerprint cards shall be submitted to the S.B.I. for processing. Returned
fingerprint cards and criminal histories shall be kept on file in the Maggie Valley Police
Department;
(6)
The applicant shall present to the Town Manager for copying
documentation that the applicant has attained the age of 21 years at the time the application is
submitted. Any of the following shall be accepted as documentation of age:
(a)
A motor vehicle operator’s license issued by any state, bearing the
applicant’s photograph and date of birth;
(b)
A state-issued identification card bearing the applicant’s
photograph and date of birth;
(c)
An official and valid passport issued by the United States of
(d)
An immigration card issued by the United States of America;
America;
(e)
Any other form of picture identification issued by a governmental
entity that is deemed reliable by the Town Manager; or
(f)
Any other form of identification deemed reliable by the Town
Manager.
(7)
A statement signed under oath that the applicant consents to investigation
of his or her background by the town to include fingerprinting and that the applicant agrees to
furnish, within 10 days at his or her expense, a criminal history from the clerk of court of any
county in which the applicant has resided during the 5 preceding years.
127
(C)
Application processing. Upon receipt of a complete application for an adult
establishment license or for an entertainer licenses the Town Manager shall immediately
commence investigation of the application as follows.
(1)
In the case of an application for a license for an adult establishment, the
Town Manager shall:
(a)
Transmit a copy of the application to the Code Enforcement
Officer, the Zoning Board of Adjustment, and to the Police Chief;
(b)
The Code Enforcement Officer shall report to the Town Manager
no later than 15 working days after the receipt of the application by the Town Manager whether
or not a proposed adult establishment complies with the requirements of the zoning ordinance
regarding location of the adult establishment, building, fire, health, or similar state or local
code(s). In the event that the Code Enforcement Officer fails to report to the Town Manager
within this time period, the Town Manager shall proceed with processing the application;
(c)
The Board of Zoning Adjustment shall review the application to
confirm compliance with § 602.3 of Ordinance 48. If the Board confirms compliance, then a
special exception shall be granted and the findings transmitted to the Town Manager within 20
working days of receipt of the application;
(d)
The Police Chief shall report to the Town Manager no later than 15
working days after the receipt of the application by the Police Chief the results of his or her
investigation of the applicant. In the event that the Police Chief fails to report to the Town
Manager within this time period, the Town Manager shall proceed with processing the
application; and
(e)
Upon completion of his or her investigation, payment of the
applicable license fee, and upon receipt of the report of the Code Enforcement Officer. The
Board of Zoning Adjustment and the Police Chief (or upon expiration of the time periods
referenced above without receiving a report), the Town Manager shall determine whether or not a
license shall be issued. In no event shall the time period for determination by the Town Manager
exceed 45 working days from the date the application is received by the Town Manager, unless
consented to by the applicant.
(2)
In the case of an application for a license for an entertainer, the Town
Manager shall:
(a)
Transmit a copy of the application to the Police Chief;
(b)
The Police Chief shall report to the Town Manager no later than 10
working days after receipt of the application by the Police Chief the results of his or her
investigation of the applicant. In the event that the Police Chief fails to report to the Town
128
Manager within this time period, the Revenue Manager shall proceed with processing the
application; and
(c)
Upon completion of his or her investigation, payment of the
appropriate license fee, and upon receipt of the report of the Police Chief (or upon expiration of
either or both time periods referenced above without receiving a report), the Town Manager shall
determine whether or not a license shall be issued. In no event shall the time period for
determination by the Town Manager exceed 15 days from the date the application is received by
the Town Manager, unless consented to by the applicant.
(D)
Reasons for disapproval. The Town Manager must deny the license application
for 1 or more of the following reasons.
(1)
The license application is incomplete so as to not contain all information
required by this chapter.
(2)
The applicant (including any partners, corporate officers, directors, and
shareholders where applicable) has been convicted of a crime in the local, state, or federal court
systems for any violations listed in this section.
(3)
The applicant (including any partners, corporate officers, and directors,
where applicable), has made false or fraudulent statements in the application, evidence of which
is disclosed by a city background investigation or by any other lawful means.
(4)
The application for an adult establishment does not meet the requirements
of this chapter.
(5)
The applicant for a sexually-oriented business has not received special
exception from the Zoning Board of Adjustment.
(E)
Notice of approval or disapproval.
(1)
Upon a determination by the Town Manager of the disapproval or
approval of the application, the Town Manager shall notify the applicant by personal delivery or
certified mail, return receipt requested, to the address of the applicant as shown on the
application. In the event that the application is disapproved, the notification shall state the basis
for the disapproval.
(2)
In the event an application is disapproved, the applicant shall have 30 days
from the receipt of the notice of disapproval to appeal that determination to the Superior Court of
Haywood County.
(F)
Changes to application. All applicants shall notify the Town Manager of any
changes to the application within 5 working days of the date the change occurs.
129
(Ord. 187, passed 6-5-1997)
BUSINESSES / § 112.05 PROHIBITED ACTS AND CONDUCT.
§ 112.05 PROHIBITED ACTS AND CONDUCT.
(A)
No person under the age of 21 years shall be permitted on the premises of any
adult establishment.
(B)
No person under the age of 21 years shall be granted a license for an adult
establishment business or as an entertainer.
(C)
No owner, operator, manager, employee, or entertainer, nor any customer or
patron, shall appear bottomless or in a state of nudity while on the premises of the adult
establishment.
(D)
No owner, operator, manager, employee, or entertainer, nor any customer or
patron, shall perform any specified sexual activities as defined in this chapter, wear or use any
device or covering exposed to view which simulates any specified anatomical area, use artificial
devices or inanimate objects to perform or depict any of the specified sexual activities, as defined
in this chapter, or participate in any act of prostitution while on the premises of the adult
establishment.
(E)
No owner, operator, manager, employee, entertainer, customer, or patron of an
adult establishment shall knowingly touch, fondle, or caress any specified anatomical area of
another person, or knowingly permit another person to touch, fondle, or caress any specified
anatomical area of his or hers, whether the specified anatomical areas are clothed, unclothed,
covered, or exposed, while on the premises of the adult establishment.
(F)
There shall be a minimum separation of 24 inches between any entertainer or
performer and any patron or customer.
(G)
No owner, operator, manager, or employee shall mix, dispense, or serve any
alcoholic beverage while in a state of nudity or semi-nudity.
(H)
No owner, operator, manager, or employee shall solicit, receive, or accept, nor
shall any customer, or patron give, offer, or provide, any gratuity, tip, payment, or any other form
of compensation for entertainment for or while either or both is/are in a state of nudity or
semi-nudity. This also pertains to the purchase of an unrelated item that includes a free dance,
act, or service.
130
(I)
No owner, operator, manager, or other person in charge of the premises of an
adult entertainment premises shall knowingly allow or permit any person under the age of 21
years of age to be in or upon the premises or knowingly allow or permit a violation of this
chapter.
BUSINESSES / § 112.06 LICENSE; POSTING AND DISPLAY.
§ 112.06 LICENSE; POSTING AND DISPLAY.
(A)
Every person, corporation, or partnership licensed under this chapter as an adult
establishment shall post the license in a conspicuous place and manner of the adult establishment
premises.
(B)
Every person holding a license as an entertainer shall post his or her license in his
or her work area on the adult establishment premises so it shall be readily available for the
inspection by town authorities responsible for enforcement of this chapter.
BUSINESSES / § 112.07 INSPECTIONS.
§ 112.07 INSPECTIONS.
All adult establishments shall permit representatives of the police, fire, zoning, or other
town or state departments or agencies acting in their official capacity, to inspect the premises as
necessary to ensure that the business is complying with all applicable regulations and laws.
BUSINESSES / § 112.08 SUSPENSION OR REVOCATION OF LICENSES.
131
§ 112.08 SUSPENSION OR REVOCATION OF LICENSES.
(A)
The Town Manager shall conduct a hearing to determine whether or not a license
should be suspended or revoked, with the hearing conducted within 10 working days of his or her
knowledge that:
(1)
The owner or operator of an adult establishment or the holder of a license
as an entertainer has violated, or knowingly allowed or permitted the violation of, any of the
provisions of this chapter;
(2)
There have been recurrent violations of provisions of this chapter that have
occurred under the circumstances that the owner or operator of an adult establishment knew or
should have known that the violations were committed;
(3)
The license was obtained through false statements in the application for
the license, or renewal thereof;
(4)
The license has been materially altered or defaced or is being or was used
by a person other than the license holder or at a location other than that identified on the license
or for a use or type other than that for which the license was issued;
(5)
The licensee failed to make a complete disclosure of all information in the
application for the license, or renewal thereof;
(6)
The owner or operator, or any partner, or any corporate officer or director,
holding an adult establishment license has become disqualified from having a license by a
conviction as provided in this chapter; and/or
(7)
The holder of an entertainer license has become disqualified from having a
license by a conviction as provided in this chapter.
(B)
At the hearing, the licensee shall have an opportunity to be heard, to present
evidence, and to be represented by an attorney. Based on the evidence produced at the hearing,
the Town Manager shall take, within 5 working days after the hearing, any of the following
actions:
(1)
Suspend the license for up to 90 days;
(2)
Revoke the license;
(3)
Place the license holder on administrative probation for a period of up to 1
year, on the condition that no further violations of this chapter occur during the period of
132
probation; or
(4)
Take no action.
(C)
The Town Manager shall provide written notice of his or her decision to the
applicant by certified mail, returned receipt requested. The notice shall be sent immediately after
the Town Manager determines what action to take, as described above.
(D)
In the event of suspension or revocation of the license or the placement on
administrative probation, the licensee shall have the right to appeal that determination to the
Superior Court of Haywood County within 30 days of receipt of the notice of suspension,
revocation, or probation.
(Ord. 187, passed 6-5-1997)
BUSINESSES / § 112.09 LICENSE RENEWAL.
§ 112.09 LICENSE RENEWAL.
(A)
A license may be renewed by making application to the Town Manager on
application forms provided for that purpose. Any license issued under this chapter shall expire as
of the end of the 12-month period from the date of its issuance, and renewal applications for the
licenses shall be submitted no sooner than 45 days prior to expiration and no later than the city
business day immediately preceding the date of expiration of the license.
(B)
Upon timely and proper application for renewal and the payment in full of the
license fee, the Town Manager shall issue to the applicant a receipt showing the date of the
renewal application and granting to the applicant a temporary extension of the license for a
period of 45 days or until the application for renewal is approved or disapproved. Any license
issued under the provisions of this chapter may be renewed by issuance of a new license for an
additional 12-month period. All applications for renewal of license shall be processed in the
manner provided for the issuance of the initial license, including the documentation.
(Ord. 187, passed 6-5-1997)
BUSINESSES / § 112.10 TRANSFER OF LICENSE.
133
§ 112.10 TRANSFER OF LICENSE.
A licensee shall not transfer his or her license to another, nor shall a licensee operate a
sexually-oriented business under the authority of a license at any place other than the address
designated in the application.
BUSINESSES / § 112.11 LOCATIONAL RESTRICTIONS.
§ 112.11 LOCATIONAL RESTRICTIONS.
(A)
Sexually-oriented businesses may be permitted as a conditional use in a
commercial district, provided that the sexually-oriented business may not be located or operated
within 1,320 feet of:
(1)
A church, synagogue, or regular place of worship;
(2)
A public or private elementary or secondary school;
(3)
A public library;
(4)
A boundary of any residential district;
(5)
A public park or playground;
(6)
A licensed day-care center;
(7)
An entertainment business that is oriented primarily towards children;
(8)
Another sexually-oriented business.
and/or
(B)
For the purpose of this chapter, measurement shall be made in a straight line,
without regard to intervening structures or objects, from the nearest portion of the building or
structure used as part of the premises where a sexually-oriented business is conducted, to the
nearest property line of the premises of any use listed in division (A) above.
134
BUSINESSES / § 112.12 NONCONFORMING USES.
§ 112.12 NONCONFORMING USES.
(A)
Any business lawfully operating on the effective date of this chapter that is in
violation of the locational or structural configuration requirements of this chapter shall be
deemed a nonconforming use. The nonconforming use will be permitted to continue for a period
not to exceed 2 years, unless sooner terminated for any reason or voluntarily discontinued for a
period of 30 days or more. The nonconforming uses shall not be increased, enlarged, extended,
or altered except that the use may be changed to a conforming use. If 2 or more
sexually-oriented businesses are within 1,320 feet of one another and otherwise in a permissible
location, the sexually-oriented business that was first established and continually operating at a
particular location is the conforming use and the later-established business(es) is nonconforming.
(B)
A sexually-oriented business lawfully operating as a conforming use is not
rendered a nonconforming use by the location, subsequent to the grant or renewal of the
sexually-oriented business license. This provision applies only to the renewal of a valid business
license, and does not apply when an application for a business license is submitted after a
business license has expired or has been revoked.
(Ord. 187, passed 6-5-1997)
BUSINESSES / § 112.13 ADDITIONAL REGULATIONS FOR ADULT MOTELS.
§ 112.13 ADDITIONAL REGULATIONS FOR ADULT MOTELS.
(A)
Evidence that a sleeping room in a hotel, motel, or similar commercial enterprise
has been rented and vacated 2 or more times in a period of time that is less than 10 hours creates
a rebuttable presumption that the enterprise is an adult motel as that term is defined in this
chapter.
(B)
It is unlawful if a person, as the person in control of a sleeping room in a hotel,
motel, or similar commercial enterprise that does not have a sexually-oriented business license,
rents or subrents a sleeping room to a person and, within 10 hours from the time the room is
rented, he or she rents or subrents the same sleeping room again.
(C)
For the purpose of this division (B), the following definition shall apply unless the
135
RENT or SUBRENT. The act of permitting a room to be occupied for any form
of consideration.
BUSINESSES / § 112.14 ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
§ 112.14 ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
(A)
An escort agency shall not employ any person under the age of 21 years.
(B)
A person commits an offense if the person acts as an escort or agrees to act as an
escort for any person under the age of 21 years.
BUSINESSES / § 112.15 ADDITIONAL REGULATIONS FOR NUDE MODEL
STUDIOS.
§ 112.15 ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
(A)
A nude model studio shall not employ any person under the age of 21 years.
(B)
A person under the age of 21 years is in violation of this chapter if the person
appears semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a
defense to prosecution under this division (B) if the person under 21 years was in a restroom not
open to the public view or visible by any other person.
(C)
It is a violation of this chapter if the person appears in a state of nudity, or
knowingly allows another to appear in a state of nudity, in an area of a nude model studio
premises which can be viewed from the public right-of-way.
(D)
A nude model studio shall not place or permit a bed, sofa, or mattress in any room
on the premises, except that a sofa may be placed in a reception room open to the public.
136
BUSINESSES / § 112.16 REGULATIONS PERTAINING TO EXHIBITION OF
SEXUALLY-EXPLICIT FILMS, VIDEOS, AND LIVE PERFORMANCES.
§ 112.16 REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY-EXPLICIT
FILMS, VIDEOS, AND LIVE PERFORMANCES.
(A)
A person who operates or causes to be operated a sexually-oriented business,
other than an adult motel, which exhibits on the premises in a viewing room of less than 150
square feet of floor space, a film, videocassette, other video reproduction, or live performance
that depicts specified sexual activities or specified anatomical areas, shall comply with the
following requirements.
(1)
Upon application for a sexually-oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof specifying the
location of one or more manager’s stations and the location of all overhead lighting fixtures and
designating any portion of the premises in which patrons will not be permitted. A manager’s
station may not exceed 32 square feet of floor area. The diagram shall also designate the place at
which the business license will be conspicuously posted, if granted. A professionally prepared
diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however,
each diagram should be oriented to the north or to some designed street or object and should be
drawn to a designated scale or with marked dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises to an accuracy of plus or minus 6 inches.
The Town Manager may waive the foregoing diagram for renewal applications if the applicant
adopts a diagram that was previously submitted and certifies that the configuration of the
premises has not been altered since it was prepared.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
No alteration in the configuration or location of a manager’s station may
be made without the prior approval of the Town Manager or his or her designee.
(4)
It is the duty of the owners and operator of the premises to ensure that at
least 1 employee is on duty and situated in each manager’s station at all times that any patron is
present inside the premises.
(5)
The interior of the premises shall be configured in such a manner that
there is an unobstructed view from a manager’s station of the entire area of the premises to which
any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain
video reproduction equipment. If the premises has two or more manager’s stations designed,
then the interior of the premises shall be configured in such a manner that there is an
137
unobstructed view of the entire area of the premises to which any patron is permitted access for
any purpose from at least 1 of the manager’s stations. The view required in this division (A)(5)
must be by direct line of sight from the manager’s station.
(6)
It shall be the duty of the owners and operator, and it shall also be the duty
of any agents and employees present in the premises, to ensure that the view area specified in
division (A)(5) above remains unobstructed by any doors, walls, merchandise, display racks, or
other materials at all times and to ensure that no patron is permitted access to any area of the
premises that has been designated as an area in which patrons will not be permitted in the
application filed pursuant to division (A)(1) above.
(7)
No viewing room may be occupied by more than 1 person at any time.
(8)
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are permitted access at an
illumination of not less than 5.0 foot-candle as measured at the floor level.
(9)
It shall be the duty of the owners and operator, and it shall also be the duty
of any agents and employees present in the premises, to ensure that the illumination described
above is maintained at all times that any patron is present in the premises.
(10)
rooms or booths.
No licensee shall allow an opening of any kind to exist between viewing
(11) No person shall make or attempt to make an opening of any kind between
viewing booths or rooms.
(12) The operator of the sexually-oriented business shall, during each business
day, inspect the walls between the viewing booths to determine if any openings or holes exist.
(13) The operator of the sexually-oriented business shall cause all floor
coverings in viewing booths to be nonporous, easily-cleanable surfaces, with no rugs or
carpeting.
(14) The operator of the sexually-oriented business shall cause all wall surfaces
and ceiling surfaces in viewing booths to be constructed of , or permanently covered by,
nonporous, easily-cleanable material. No wood, plywood, composition board, or other
composition board or other porous material shall be used within 48 inches of the floor.
(B)
A person having a duty under division (A) above is in violation of this chapter if
he or she knowingly fails to fulfill that duty.
138
BUSINESSES / § 112.17 EXTERIOR PORTIONS OF SEXUALLY-ORIENTED
BUSINESSES.
§ 112.17 EXTERIOR PORTIONS OF SEXUALLY-ORIENTED BUSINESSES.
(A)
It shall be unlawful for an owner or operator of a sexually-oriented business to
allow the merchandise or activities of the establishment to be visible from a point outside the
establishment.
(B)
It shall be unlawful for the owner or operator of a sexually-oriented business to
allow the exterior portion of the sexually-oriented business to have flashing lights, or any words,
lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to
the extent permitted by the provisions of this chapter.
(C)
It shall be unlawful for the owner of operator of a sexually-oriented business to
allow exterior portions of the establishment to be painted any color other than a single
achromatic color. This provision shall not apply to a sexually-oriented business if the following
conditions are met:
(1)
The establishment is a part of a commercial multi-unit center; and
(2)
The exterior portions of each individual unit in the commercial multi-unit
center, including the exterior portions of the business, are painted the same color as one another
or are painted in such a way so as to be a component of the overall architectural style or pattern
of the commercial multi-unit center.
(D)
Nothing in this chapter shall be construed to require the painting of an otherwise
unpainted exterior portion of a sexually-oriented business.
(E)
chapter.
A violation of any provision of this section shall constitute a violation of this
BUSINESSES / § 112.18 SIGNAGE.
§ 112.18 SIGNAGE.
139
(A)
Notwithstanding Ordinance 41, it shall be unlawful for the owner or operator of
any sexually-oriented business or any other person to erect, construct, or maintain any sign for
the sexually-oriented business other than the 1 primary sign and 1 attached sign, as provided
herein.
(B)
Primary signs shall have no more than 2 display surfaces. Each display surface
shall:
(1)
Not contain any flashing lights;
(2)
Be a flat plane, rectangular in shape;
(3)
Not exceed 125 square feet in area; and
(4)
Not exceed 20 feet in height.
(C)
Primary signs shall contain no photographs, silhouettes, drawings, or pictorial
representations in any manner, and may contain only the name of the enterprise.
(D)
Each letter forming a word on a primary sign shall be of solid color, and each
letter shall be the same print-type, size, and color. The background behind the lettering on
display surface of a primary sign shall be of a uniform and solid color.
(E)
Attached signs shall have only 1 display surface. The display surface shall:
(1)
Be a flat plane, rectangular in shape;
(2)
Not exceed 32 square feet in area;
(3)
Not exceed 4 feet in height and 8 feet in width; and
(4)
Be directly affixed or attached to any wall or door of the enterprise.
(F)
The provisions of divisions (B)(1), (C), and (D) above shall also apply to
secondary signs.
(G)
Setback, height, and any other provision of Ordinance 48 that is not in conflict
with this section shall apply.
BUSINESSES / § 112.19 MASSAGES OR BATHS ADMINISTERED BY A PERSON OF
THE OPPOSITE SEX.
140
§ 112.19 MASSAGES OR BATHS ADMINISTERED BY A PERSON OF THE
OPPOSITE SEX.
It shall be unlawful for any sexually-oriented business, regardless of whether in a public
or private facility, to operate as a massage salon, massage parlor, or any similar type business
where any physical contact with the recipient of the services is provided by a person of the
opposite sex. Violation of this section shall constitute a misdemeanor.
BUSINESSES / § 112.20 HOURS OF OPERATION.
§ 112.20 HOURS OF OPERATION.
No sexually-oriented business, except for an adult motel, may remain open at any time
between the hours of 1:00 a.m. and 8:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and
12:00 p.m. on Sundays.
BUSINESSES / § 112.21 EXEMPTIONS.
§ 112.21 EXEMPTIONS.
It is a defense to prosecution under this chapter that a person appearing in a state of
nudity did so in a modeling class operated:
(A)
By a proprietary school, licensed by the State of North Carolina, a college, junior
college, or university supported entirely or partly by taxation; and/or
(B)
By a private college or university that maintains and operates educational
programs in which credits are transferable to a college, junior college, or university supported
entirely or partly by taxation.
(Ord. 187, passed 6-5-1997)
141
BUSINESSES / § 112.22 NOTICES.
§ 112.22 NOTICES.
(A)
Any notice required or permitted to be given by the Town Manager or any other
city office, division, department, or other agency under this chapter to any applicant, operator, or
owner of a sexually-oriented business may be given either by personal delivery or by certified
United States mail, postage prepaid, return receipt requested, addressed to the most recent
address as specified in the application for the license, or any notice of address change that has
been received by the Town Manager. Notices mailed as above shall be deemed given upon their
deposit in the United States mail. In the event that any notice given by mail is returned by the
postal service, the Town Manager or his or her designee shall cause it to be posted at the
principal entrance to the establishment.
(B)
Any notice required or permitted to be given to the Town Manager by any person
under this chapter shall not be deemed given until and unless it is received in the office of the
Town Manager.
(C)
It shall be the duty of each owner who is designated on the license application and
each operator to furnish notice to the Town Manager in writing of any change of residence or
mailing address.
(Ord. 187, passed 6-5-1997)
BUSINESSES / § 112.23 INJUNCTION.
§ 112.23 INJUNCTION.
A person who operates or causes to be operated a sexually-oriented business without a
valid business license or in violation of this chapter is subject to a suit for injunction as well as
prosecution for criminal violations. Each day a sexually-oriented business so operates is a
separate offense or violation.
(Ord. 187, passed 6-5-1997)
142
BUSINESSES / § 112.24 CONFLICTS.
§ 112.24 CONFLICTS.
All ordinances or parts of ordinances in conflict with the provisions of this chapter are
hereby repealed.
(Ord. 187, passed 6-5-1997)
TITLE XI: BUSINESS REGULATIONS / CHAPTER 113: MASSAGE BUSINESSES
CHAPTER 113: MASSAGE BUSINESSES
Section
113.01
113.02
113.03
113.04
113.05
113.06
113.07
Purpose
Definition
Application for license
Qualifications of applicant for license
Issuance of license
Applicability of other licensing provisions
Authority to employ/train personnel
TITLE XI: BUSINESS REGULATIONS / CHAPTER 113: MASSAGE BUSINESSES / §
113.01 PURPOSE.
§ 113.01 PURPOSE.
To protect the general health, safety, welfare, and morals, the following licensing
provisions hereinafter specified are ordained for the privilege of carrying on the business, trade,
or profession of masseur or masseuse and for the operation or carrying on of the businesses, trade
or professions commonly known as massage parlors, health salons, physical culture studios,
clubs, or establishments, or similar establishments by whatever name designated, wherein
physical culture, massage, hydrotherapy, or other physical treatment of the human body is carried
on or practiced. The provisions of this chapter shall not apply to a regularly established and
licensed hospital, sanitarium, nursing home, or medical clinic, nor to the office or clinic operated
by a duly qualified and licensed medical practitioner, osteopath, or chiropractor in connection
143
with his or her practice of medicine, chiropractic, or osteopathy, provided, however, that the
office or clinic is regularly used by the medical practitioner, chiropractor, or osteopath at his or
her principal location for his or her practice of medicine, chiropractic, or osteopathy.
(Ord. 6, passed 3-13-1976)
113.02 DEFINITION.
§ 113.02 DEFINITION.
A male person who applies manual or mechanical massage or similar treatment to the
human body trunk or limbs shall be deemed, within the terms of this chapter, a MASSEUR, and
a female person so engaged, a MASSEUSE.
(Ord. 6, passed 3-13-1976)
113.03 APPLICATION FOR LICENSE.
§ 113.03 APPLICATION FOR LICENSE.
(A)
Any person desiring to engage in the business, trade, or profession of masseur or
masseuse or the operation or carrying on of any of the businesses, trades, professions,
occupations, or callings mentioned in § 113.01 shall, before engaging in the business, trade,
profession, occupation, or calling, file an application for a license addressed to the Mayor and the
Board of Aldermen.
(B)
The application shall be in writing and shall set forth the following:
(1)
Name and address of applicant. If the applicant be a corporation, the
address or addresses of the corporation and its officers; and
(2)
Qualifications. These must be plainly stated and must be submitted
together with required exhibits annexed to the application proving the qualifications.
(Ord. 6, passed 3-13-1976)
144
113.04 QUALIFICATIONS OF APPLICANT FOR LICENSE.
§ 113.04 QUALIFICATIONS OF APPLICANT FOR LICENSE.
(A)
Generally. An applicant hereunder, prior to making application for a license,
must have the following qualifications.
(B)
Specifically.
(1)
The applicant may be male or female and shall be required to provide
written recommendations showing proof of good moral character; and in case the applicant is a
corporation, the corporation must be created in or domesticated by the laws of this state and the
officers thereof shall provide written recommendations showing proof of good moral character.
(2)
Each applicant must furnish a health certificate from a medical doctor
which shall accompany the application as an exhibit. Should the applicant be a corporation, it
shall furnish the certificate to cover its officers, agents, or employees who will be actually
engaged in and working under the license. Each employee who begins work following the
original issuance of a license under this chapter shall likewise obtain a health certificate. A copy
of the application and all certificates shall be furnished to the Maggie Valley Police Department.
(Ord. 6, passed 3-13-1976)
113.05 ISSUANCE OF LICENSE.
§ 113.05 ISSUANCE OF LICENSE.
If the application is submitted in proper form and is approved by the Board of Aldermen,
then the Chief of Police or Town Manager is authorized to issue a business license to the
applicant.
(Ord. 6, passed 3-13-1976)
113.06 APPLICABILITY OF OTHER LICENSING PROVISIONS.
145
§ 113.06 APPLICABILITY OF OTHER LICENSING PROVISIONS.
The general business licensing provisions, as contained in the business and trades license
ordinance of the Town of Maggie Valley where applicable, shall also apply to persons or parties
licensed under this chapter.
(Ord. 6, passed 3-13-1976)
113.07 AUTHORITY TO EMPLOY/TRAIN PERSONNEL.
§ 113.07 AUTHORITY TO EMPLOY/TRAIN PERSONNEL.
Any applicant granted a license hereunder shall have the authority to train masseurs and
masseuses under his or her supervision in his or her studio or establishment, provided that the
licensee.
(Ord. 6, passed 3-13-1976)
TITLE XIII: GENERAL OFFENSES
TITLE XIII: GENERAL OFFENSES
[Reserved]
TITLE XV: LAND USAGE
TITLE XV: LAND USAGE
Chapter
150.
GENERAL PROVISIONS
151.
SUBDIVISION REGULATIONS
146
152.
FLOOD DAMAGE PREVENTION
153.
SIGNS
154.
ZONING CODE
TITLE XV: LAND USAGE / CHAPTER 150: GENERAL PROVISIONS
Section
Cell Towers
150.01
Generally
150.15
150.16
Notification or determination by the Town Manager
Determination by Building Inspector; notice to be posted on building; removal
of notice prohibited
Duty of owners and occupants to correct
Action in event of failure to take corrective action
Appeal and enforcement
Territorial jurisdiction
150.17
150.18
150.19
150.20
Unsafe Buildings
TITLE XV: LAND USAGE / CHAPTER 150: GENERAL PROVISIONS / CELL
TOWERS
CELL TOWERS
TITLE XV: LAND USAGE / CHAPTER 150: GENERAL PROVISIONS / CELL
TOWERS / § 150.01 GENERALLY.
(A)
In recognition of the Telecommunications Act of 1996, it is the intent of the Town
of Maggie Valley to allow communication providers the opportunity to locate towers and related
facilities within its jurisdiction in order to provide an adequate level of service to its customers
147
while protecting the health, safety, and welfare of the citizens of Maggie Valley and its ETJ.
Wireless towers may be considered undesirable with other types of uses, most notably residential,
therefore special regulations are necessary to ensure than any adverse affects to existing and
future development are mitigated.
(B)
Telecommunication towers and facilities, provided the following conditions are
met in addition to any applicable requirements set forth for this district.
(1)
All telecommunication towers must be of a monopole design and
construction. Towers of the lattice variety may be used if documentation is provided by the
applicant that demonstrates that a monopole tower cannot adequately serve the area.
(2)
It is the intent of the town to encourage providers to co-locate facilities in
an effort to reduce the number of towers in Maggie Valley’s jurisdiction. Providers shall exhaust
all potential co-location possibilities and provide documentation to that effect before the town
considers any application. The town encourages providers to construct telecommunication
towers such that additional telecommunication providers may be afforded the opportunity to
co-locate facilities on the tower. The owners of the towers with co-location space shall negotiate
in good faith with other provider’s space at a reasonable lease cost, and publicize the fact that
space is available on a lease basis. The town further reserves the right to make co-location a
condition of any tower permitted as a conditional use under the guidelines listed above. No
tower may be located within 1,500 linear feet of an existing tower unless the applicant can prove
that co-location is not a viable option.
(3)
The maximum height of any tower is 125 feet unless documentation is
provided to show a taller tower is required to meet minimal service levels.
(4)
Where a telecommunication tower is located on a lot with an existing
nonresidential principal use, the tower must be located in the rear yard. If the principal use is
residential, the tower must be located in the rear yard only.
(5)
The Town of Maggie Valley recognizes that a tower cannot be prohibited
nor can a conditional use permit be denied on the basis of environmental or health concerns
relating to radio emissions if the tower complies with the Federal Radio Frequency Emission
Standards. The town requires that the applicant must provide documentation proving that the
proposed tower does comply with the Federal Radio Frequency Emission Standards.
(6)
A minimum lot size as listed in the underlying zoning district is required,
provided all setbacks required herein are met.
(7)
In all districts, a minimum setback requirement, on all sides of the
property, shall be 150 feet or 2 feet for every 1 foot of actual tower height (i.e., a 150-foot tower
would require a 300-foot setback), whichever is greater. If the applicant can document a reduced
148
collapse area, then the setback shall be the greater of that distance or 150 feet.
(8)
Wherever feasible, all accessory structures on the ground which contain
switching equipment or other related equipment must be designed to closely resemble the
neighborhood’s basic architecture, or the architecture and style of the principal use on the
property. Every effort should be made to conceal a tower within all zoning districts.
(9)
If a road needs to be constructed to a tower site, then the road must be
constructed in accordance with the town’s minimum construction standards for city streets.
(10) Vegetative screening is required along all sides of the perimeter of the
tower site. It will be the responsibility of the provider and/or the property owner to keep all
landscaping material free from disease and properly maintained in order to fulfill the purpose for
which it was established. The owners of the property, and any tenant on the property where
screening is required, shall be jointly and severally responsible for the maintenance of all screen
materials. The maintenance shall include all actions necessary to keep the screened area free of
litter and debris, to keep plantings healthy, and to keep planting areas neat in appearance. Any
vegetation that constitutes part of the screening shall be replaced in the event it dies. In addition,
a 12-foot high fence must be placed around the structure (before the screening) to avoid creating
an attractive nuisance.
(11) Freestanding signs are prohibited. Wall signs limited to identification are
allowed on equipment structures or fences surrounding the telecommunication tower, provided it
does not exceed 9 square feet in size. Any signage must be specifically addressed in the
conditional use permit.
(12) All towers shall be illuminated only as required by the Federal
Communication Commission (FCC) and Federal Aviation Administration (FAA) and such
illuminations in any district shall be directed toward the tower and/or equipment shelters to
reduce the affect of glare.
(13) Towers and related facilities must be removed if abandoned (no longer
used for its original intent) for a period greater than 90 consecutive days.
(14) Any replacement or improvement to an existing telecommunication tower,
including if the tower is blown over or considered inoperable, requires the provider to apply for a
new review and approval process by the Planning Board and Town Board of Aldermen. Normal
maintenance and repair of the structure can be completed without the issuance of a new permit at
the discretion of the Zoning Officer.
(15) The provider must show proof of adequate insurance coverage for any
potential damage caused by or to the telecommunication tower prior to the issuance of a
conditional use permit.
149
(16) Outdoor storage of equipment or other related items is prohibited on a
telecommunication tower site.
(17)
Provider must notify the town of sale or lease of structure.
(18) All applications for a conditional use permit for a telecommunication
tower must include the following information:
(a)
Identification of intended provider(s);
(b)
Documentation by a registered engineer that the tower has
sufficient structural integrity to accommodate more than 1 user;
(c)
A statement from the owner indicating intent to allow shared use of
the tower and how others will be accommodated;
(d)
Evidence that all property owners within 300 feet of the site have
been notified by the applicant of the proposed tower height and design;
(e)
Documentation that the telecommunication tower complies with
the Federal Radio Frequency Emission Standards;
(f)
minimal level of service;
Documentation that towers over 125 feet are necessary for a
(g)
Screening must be shown on the site plan detailing the type,
amount of plantings, and location; and
(h)
(19)
Documentation of collapse zones.
Conditional use permit application process:
(a)
Conditional use permit application fee is $250;
(b)
The Town Planning Director determines completion of the
application;
(c)
The Planning Board reviews application and forwards a
recommendation to the Town Board of Aldermen; and
(d)
The Town Board of Aldermen reviews the application, receives
public comment on the issues and is the grantor of the conditional use permit needed to erect a
wireless communication tower.
150
TITLE XV: LAND USAGE / CHAPTER 150: GENERAL PROVISIONS / UNSAFE
BUILDINGS
UNSAFE BUILDINGS
BUILDINGS / § 150.15 NOTIFICATION OR DETERMINATION BY THE TOWN
MANAGER.
§ 150.15 NOTIFICATION OR DETERMINATION BY THE TOWN MANAGER.
Upon a notification to and/ or a determination by the Town Manager that there is a reason
to believe that any building is unsafe or dangerous to the public, he or she shall notify the
Building Inspector or Fire Inspector of the unsafe conditions and cause it to be inspected.
(Ord. 230, passed 4-18-2000)
BUILDINGS / § 150.16 DETERMINATION BY BUILDING INSPECTOR; NOTICE TO
BE POSTED ON BUILDING; REMOVAL OF NOTICE PROHIBITED.
§ 150.16 DETERMINATION BY BUILDING INSPECTOR; NOTICE TO BE POSTED
ON BUILDING; REMOVAL OF NOTICE PROHIBITED.
(A)
Every building which shall appear to the Building Inspector or Fire Inspector to be
dangerous to life, health, or other property because of its liability to fire or because of bad
condition of walls, overloaded floors, defective construction, decay, unsafe wiring or heating
system, inadequate means of egress, or other causes, shall be held to be unsafe, and the Building
Inspector shall affix a notice of the dangerous character of the structure to a conspicuous place on
the exterior wall of the building. The owner shall be notified by first-class mail.
(B)
It shall be unlawful for any person to remove any notice which has been affixed to
any building or structure by the Building Inspector or Fire Inspector which states the dangerous
character of the building or structure.
151
BUILDINGS / § 150.17 DUTY OF OWNERS AND OCCUPANTS TO CORRECT.
§ 150.17 DUTY OF OWNERS AND OCCUPANTS TO CORRECT.
Whenever the Building Inspector or Fire Inspector finds substantive defects in a building,
or finds that the building has not been constructed in accordance with the provisions of the North
Carolina General Statutes or the North Carolina State Building Code, or that a building because
of its condition is dangerous or contains hazardous conditions, or the failure to comply with the
statues or Building Code, the owner or occupant shall each immediately remedy the defects,
hazardous conditions, or violations of law and make the building comply with the law.
BUILDINGS / § 150.18 ACTION IN EVENT OF FAILURE TO TAKE CORRECTIVE
ACTION.
§ 150.18 ACTION IN EVENT OF FAILURE TO TAKE CORRECTIVE ACTION.
(A)
If the owner of a building or structure that has been condemned as unsafe pursuant
to this subchapter shall fail to take prompt corrective action, the Manager or his or her designee
shall give him or her written notice, by certified or registered mail, to his or her last known
address or by personal service:
(1)
That the building or structure is in a condition that appears to constitute a
fire or safety hazard or to be dangerous to life, health, or other property;
(2)
That a hearing will be held before the Manager or his or her designee at a
designated place and time, not later than 10 days after the date of the notice, at which time the
owner shall be entitled to be heard in person or by counsel and to present arguments and
evidence pertaining to the matter; and
(3)
That following the hearing, the Manager or his or her designee may issue
the order to repair, close, vacate, or demolish the building or structure as appears appropriate.
(B)
If the name or whereabouts of the owner cannot after due diligence be discovered,
the notice shall be considered properly and adequately served if a copy thereof is posted on the
outside of the building or structure in question at least 10 days prior to the hearing and a notice of
152
the hearing is published in a newspaper having general circulation in the city at least once not
later than 1 week prior to the hearing.
(C)
If, upon a hearing held pursuant to the notice prescribed in divisions (A) or (B)
above, the Inspector shall find that the building or structure is in a condition that constitutes a fire
or safety hazard or renders it dangerous to life, health, or other property, he or she shall make an
order in writing, directed to the owner of the building or structure, requiring the owner to remedy
the defective conditions by repairing, closing, vacating, or demolishing the building or structure
or taking other necessary steps, within the period, not less than 60 days, as the Manager or his or
her designee may prescribe; provided, that where the Manager or Inspector finds that there is
imminent danger to life or other property, he or she may order that corrective action be taken in
the lesser period as may be feasible.
(Ord. 230, passed 4-18-2000)
BUILDINGS / § 150.19 APPEAL AND ENFORCEMENT.
§ 150.19 APPEAL AND ENFORCEMENT.
(A)
Any owner who has received an order may appeal from the order to the Town
Board by giving notice of appeal in writing to the Manager or his or her designee and to the
Town Clerk within 10 days following issuance of the order. In the absence of an appeal, the
order of the Manager or Inspector shall be final. The Town Board shall hear an appeal within a
reasonable time and my affirm, modify and affirm, or revoke the order.
(B)
If the owner of a building or structure fails to comply with an order issued
pursuant to this subchapter from which no appeal has been taken, or fails to comply with an order
of the Town Board following an appeal, he or she shall be guilty of a misdemeanor and shall be
punished in the discretion of the court.
(C)
Whenever any violation is denominated a misdemeanor under the provisions of
this subchapter, the town, either in addition to or in lieu of other remedies, may initiate any
appropriate action or proceedings to prevent, restrain, correct, or abate the violation or to prevent
the occupancy of the building or structure involved.
BUILDINGS / § 150.20 TERRITORIAL JURISDICTION.
153
§ 150.20 TERRITORIAL JURISDICTION.
This subchapter shall be applicable to buildings within the town and within any
extraterritorial jurisdiction of the town.
(Ord. 230, passed 4-18-2000)
TITLE XV: LAND USAGE / CHAPTER 151: SUBDIVISION REGULATIONS
CHAPTER 151: SUBDIVISION REGULATIONS
Section
General Provisions
151.01
151.02
151.03
151.04
151.05
151.06
Short title
Authority and enactment clause
Purpose
Definitions
Amendment procedures
Abrogation
Compliance
151.20
151.21
151.22
Approval of plats
Permits
Selling of lots
Procedure for Review and Approval of Subdivision Plats
151.35
151.36
151.37
151.38
151.39
151.40
151.41
151.42
151.43
151.44
Generally
Family subdivisions
Pre-application procedure
Sketch plan
Minor subdivisions and family subdivisions
Major subdivisions; preliminary plat
Begin construction
Final plat; major subdivision
Recording the final plat
Effect of plat approval on dedications
154
Subdivision Requirements
151.55
151.56
151.57
151.58
151.59
151.60
151.61
151.62
151.63
151.75
151.76
151.77
151.78
151.79
151.80
151.99
Conformity to existing maps or plans
Continuation of adjoining street system
Access to adjacent properties
Large tracts or parcels
Alleys
Street names
Surveying and placement of monuments
Natural assets
Surface water runoff
Improvements Required and Minimum Standards of Design
Suitability of land
Streets and roads
Water and sewer systems
Sedimentation control
Lots
Building setback lines
Penalty
TITLE XV: LAND USAGE / CHAPTER 151: SUBDIVISION REGULATIONS /
GENERAL PROVISIONS
GENERAL PROVISIONS
GENERAL PROVISIONS / § 151.01 SHORT TITLE.
§ 151.01 SHORT TITLE.
This chapter shall be known and may be cited as the Subdivision Regulations of the
Town of Maggie Valley, North Carolina.
(Ord. 407, passed 7-19-2005)
GENERAL PROVISIONS / § 151.02 AUTHORITY AND ENACTMENT CLAUSE.
155
§ 151.02 AUTHORITY AND ENACTMENT CLAUSE.
The Board of Aldermen of the Town of Maggie Valley, pursuant to the authority
conferred by an act of the General Assembly of the State of North Carolina (G.S. Chapter 160A,
Article 19), does hereby ordain and enact into law this chapter.
(Ord. 407, passed 7-19-2005)
GENERAL PROVISIONS / § 151.03 PURPOSE.
§ 151.03 PURPOSE.
The purpose of these regulations is to establish procedures and standards for the
development and subdivision of real estate within the corporate limits and extraterritorial
jurisdiction of the Town of Maggie Valley in an effort to, among other things, ensure proper legal
description, identification, monumentation, and recordation of real estate boundaries; further the
orderly layout and appropriate use of the land; provide safe, convenient, and economic
circulation of vehicular traffic; provide suitable building sites which are readily accessible to
emergency vehicles; promote the eventual elimination of unsafe or unsanitary conditions; and
help conserve and protect the physical and economic resources and generally creating conditions
essential to the public health, safety, and welfare of the Town of Maggie Valley.
(Ord. 407, passed 7-19-2005)
GENERAL PROVISIONS / § 151.04 DEFINITIONS.
BOARD OF ALDERMEN. The governing board of the Town of Maggie Valley.
BUFFER. An undisturbed area of natural vegetation used to protect natural features or
156
provide space between land uses.
BUILDING SETBACK LINE. A line delineating the minimum allowable distance
between the property line and a building on a lot, within which no building or other structure
shall be placed except as otherwise provided by a variance issued by the Zoning Board of
Adjustment. Whenever the front, side, or rear portion of a lot abuts a street right-of-way or other
publicly-dedicated area, setback lines shall be measured from the right-of-way or
publicly-dedicated area.
CORNER LOT. A lot abutting upon 2 or more streets at their intersection.
CUL-DE-SAC. A street permanently terminated by a turnaround.
DEDICATION. A gift, by the owner, or a right to use of land for a specified purpose or
purposes.
DEVELOPER. Financially responsible person, owner of record, agent, firm, or
corporation.
DOUBLE FRONTAGE LOT. A continuous lot of the same depth as the width of a
block containing 2 tiers of lots and which is accessible from both of the streets upon which it
fronts.
EASEMENT. A grant by the property owner for use, by the public, a corporation, or
person(s) of a strip of land for specified reasons.
FAMILY SUBDIVISION. A subdivision of land into 2 or more parcels or lots for the
purpose of conveying the resulting parcels or lots to a grantee or grantees who are in any degree
of lineal kinship to the grantor, or to a grantee or grantees who are within 3 degrees of collateral
kinship to the grantor. Degrees of kinship shall be computed in accordance with G.S. § 104A-1.
INDIVIDUAL SEWER SYSTEM. Any septic tank or other facility serving a single
source or connection and approved by the County Sanitarian.
INDIVIDUAL WATER SYSTEM. Any well, spring, stream, or other source used to
supply a single connection and approved by the County Health Department.
LOT. A portion of a subdivision or any other parcel of land intended as a unit for transfer
of ownership or for development or both. The word LOT includes the words PLOT or
PARCEL.
MAJOR SUBDIVISION. A subdivision of land involving more than 4 lots or requiring
new street construction or right-of-way dedication or requiring utility extension or utility
easement dedication.
MINOR SUBDIVISION. A subdivision of land involving no new street construction, or
157
no right-of-way dedication, or no utility extension or utility easement dedication, where 4 or
fewer lots result after the subdivision is completed.
OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the Board of
Aldermen as a guide for the development of the town.
OWNER OF RECORD. Registered owner or agent.
PERENNIAL STREAM. Any stream indicated as a blue line on the most recent version
of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps shall have a 20-foot buffer.
PLANNING BOARD. A board appointed by the Board of Aldermen with duties outlined
by the North Carolina General Statutes, and for the purposes of carrying out the duties of this
chapter, reviewing policy amendments and other tasks assigned to it by the Board of Aldermen
(further defined per state statutes).
PRIVATE DRIVE. A private access serving no more than 3 lots and not intended to be a
public ingress or egress. PRIVATE DRIVES are intended to provide direct access from a lot or
building site to a publicly dedicated and maintained street. (See turnaround requirements for
private drives in § 151.76.)
RIGHT-OF-WAY. Publicly-deeded space typically used for road construction or access
to utilities.
SHALL. Always mandatory and not merely directory.
SHOULD. Used to express best practices.
SINGLE TIER LOT. A lot which backs upon a limited access highway, a railroad, a
physical barrier, or a nonresidential use and to which access from the rear of the lot is usually
prohibited.
STREET. In this chapter, a street shall be a right-of-way intended for vehicular traffic
that affords the principal means of access to abutting properties.
SUBDIVIDER. Any person, registered owner, agent, firm, or corporation who
subdivides or develops any land deemed to be a subdivision as herein defined.
SUBDIVISION. All divisions of a tract or parcel of land into 2 or more lots, building
sites, or other divisions, for the purpose of sale or building development, whether immediate or
future, and shall include all divisions of land involving the dedication of a new street or a change
in existing streets; but the following shall not be included within this definition nor be subject to
the regulations of this chapter:
(1)
The combination or recombination of portions of previously subdivided
and recorded lots where the total number of lots is not increased and the resultant lots are equal
158
to or exceed the standards of the town as required by this chapter;
(2)
The division of land into parcels greater than 10 acres where no street
right-of-way dedication is involved;
(3)
The public acquisition by purchase of strips of land for the widening or
opening of streets; and/or
(4)
The division of a tract of land in single ownership whose entire area is no
greater than 2 acres into not more than 3 lots, where no street right-of-way dedication is involved,
and where the resultant lots are equal to or exceed the standards of the town as required by this
chapter.
ZONING BOARD OF ADJUSTMENT. A board appointed by the Board of Aldermen
with duties outlined by the North Carolina General Statutes and for the purposes of issuing
variances, special exceptions, and hearing appeals to decisions made by the Planning and
Development Director.
(Ord. 407, passed 7-19-2005)
GENERAL PROVISIONS / § 151.05 AMENDMENT PROCEDURES.
§ 151.05 AMENDMENT PROCEDURES.
This chapter may be amended from time to time by the Board of Aldermen as herein
specified, but no amendment shall become effective unless it shall have been proposed by or
shall have been submitted to the Planning Board for review and recommendation. The Planning
Board shall have 35 days from the date of presentation within which to submit its report. If the
Planning Board fails to submit a report within the specified time, it shall be deemed to have
approved the amendment.
(Ord. 407, passed 7-19-2005)
GENERAL PROVISIONS / § 151.06 ABROGATION.
§ 151.06 ABROGATION.
This chapter shall neither repeal, abrogate, annul, impair, nor interfere with any existing
159
subdivision, the plats of which are properly recorded in the office of the Register of Deeds prior
to the effective date of this chapter nor with the existing easements, covenants, deed restrictions,
agreements, or permits previously adopted or issued pursuant to law prior to the effective date of
this chapter.
(Ord. 407, passed 7-19-2005)
COMPLIANCE
COMPLIANCE
COMPLIANCE / § 151.20 APPROVAL OF PLATS.
§ 151.20 APPROVAL OF PLATS.
A final plat shall be prepared, approved, and recorded pursuant to this chapter whenever
any subdivision of land occurs within the defined jurisdiction of this chapter. All plats for the
subdivision of land shall conform to the requirements of these regulations, and shall be submitted
in accordance with the procedures and specifications established herein. No plat of a subdivision
of land within the Town of Maggie Valley shall be filed or recorded by the Haywood County
Register of Deeds until it has been submitted and given final approval as provided herein, and
until the approval is entered on the face of the final plat.
COMPLIANCE / § 151.21 PERMITS.
§ 151.21 PERMITS.
No building permits shall be issued for any construction in any subdivision for which a
plat is required to be approved until the final plat has been approved and recorded with the
Haywood County Register of Deeds as provided herein.
(Ord. 407, passed 7-19-2005)
160
COMPLIANCE / § 151.22 SELLING OF LOTS.
§ 151.22 SELLING OF LOTS.
No lot referenced to or exhibited on any subdivision plat required herein shall be sold or
transferred until the final plat for the subdivision has been recorded by the Haywood County
Register of Deeds and have a septic evaluation or access to Maggie Valley Sanitary Sewer
System.
(Ord. 407, passed 7-19-2005)
PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS
PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS
PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS / § 151.35
GENERALLY.
No final plat of a subdivision within the Town of Maggie Valley shall be recorded by the
Register of Deeds of Haywood County until it has been approved as provided herein. To secure
the approval, the subdivider shall follow the procedure established in this subchapter.
Furthermore, no street shall be maintained by the town nor street dedication accepted for
ownership and maintenance, nor shall water, sewer, septic approval, or other public facilities or
services be extended to or connected with any subdivision for which a final plat is required to be
approved unless and until the approval has occurred as provided herein.
(Ord. 407, passed 7-19-2005)
FAMILY SUBDIVISIONS.
161
§ 151.36 FAMILY SUBDIVISIONS.
(A)
The division of land into 2 or more parcels or lots for the purpose of conveying
the resulting parcels or lots to the grantee or grantees who are in any degree of lineal kinship to
the grantor, or to a grantee or grantees who are within 3 degrees of collateral kinship to the
grantor, such to be referred to herein as a “family subdivision.” Degrees of kinship shall be
computed in accordance with G.S. § 104A-1 (as written in the Haywood County Land
Ordinance). The grantor must prove lineage within 3 degrees of the grantee by proof of birth
certificate by both the grantor and the grantee and/or grantee will sign affidavit of proof that the
subdivision is strictly a family subdivision and not for commercial sale or use.
(B)
Review process for family subdivisions will be handled at the staff level. The
Planning and Development Director is responsible for signing off on the final plat. If the
Planning and Development Director determines that the proposed subdivision does not meet the
standards of a family subdivision, the Planning and Development Director will send the disputed
complaint to the Zoning Board of Adjustment who will make a final determination.
(Ord. 407, passed 7-19-2005)
PRE-APPLICATION PROCEDURE.
§ 151.37 PRE-APPLICATION PROCEDURE.
Every subdivision applicant is required to meet the Planning and Development Director
or his or her designee in a pre-application conference prior to the submittal of a subdivision plat.
The purpose of this conference is to provide clarification and assistance in the preparation and
submission of plats for approval.
(Ord. 407, passed 7-19-2005)
SKETCH PLAN.
162
§ 151.38 SKETCH PLAN.
(A)
Generally. A sketch plan is request but not required for staff review for all
proposed subdivisions. The sketch plan may be presented to the Planning and Development
Director at the pre-application conference required in § 151.37. The Planning and Development
Director shall discuss with the applicant any problems found from review of the sketch plan that
would need to be addressed prior to submittal of a subdivision plat. The Planning and
Development Director shall also determine whether the proposed subdivision qualifies as a minor
or major subdivision.
(B)
information:
Contents required. The sketch plan, if submitted, should contain the following
(1)
A sketch vicinity map showing the location of the proposed subdivision in
relation to neighboring tracts, subdivisions, roads, and waterways;
(2)
The boundaries of the tract and the portion of the tract to be subdivided;
(3)
The total acreage to be subdivided;
(4)
and adjoining it;
The existing and proposed uses of land within the proposed subdivision
(5)
The proposed street layout;
(6)
The name, address, and telephone number of the owner;
(7)
Streets and lots of adjacent developed or platted properties;
(8)
The zoning classification(s) of the tract;
(9)
Proposed utilities; and
(10)
Approximate lot sizes.
(Ord. 407, passed 7-19-2005)
MINOR SUBDIVISIONS AND FAMILY SUBDIVISIONS.
163
§ 151.39 MINOR SUBDIVISIONS AND FAMILY SUBDIVISIONS.
(A)
Generally. For all minor subdivisions and family subdivisions, the subdivider
shall submit 1 copy (or more if requested) of the plat containing all required information to the
Planning and Development Director. At the time of submission, the subdivider shall pay the fee
as established by the town.
(B)
Contents required. The plat shall contain all information required for a final plat
as found in § 151.42.
(C)
Town staff review procedure. The Planning and Development Director or their
designee shall review for compliance with this chapter and other ordinances and regulations of
the town, to assure that adequate public utilities and services are available, and shall complete the
review within 14 days. If all applicable provisions of this and other town ordinances and
regulations are met, the Planning and Development Director shall approve the plat as a final plat.
If all applicable provisions are not met, the plat shall be returned to the applicant with
deficiencies noted.
(D)
Disposition of copies.
(1)
If the final plat is approved, the original tracing and 1 print shall be
retained by the subdivider and 1 print shall be filed with the Town Clerk.
(2)
After approval, the following certificate shall be lettered or rubber stamped
on the final plat in such a manner as to ensure that the certificate will be legible on any prints
made therefrom:
Certificate of Approval
I certify that the final plat shown hereon complies with the Maggie Valley subdivision regulations and
is approved for recording in the Haywood County Register of Deeds office.
_____________________________
Planning and Development Director
Town of Maggie Valley
(Ord. 407, passed 7-19-2005)
164
MAJOR SUBDIVISIONS; PRELIMINARY PLAT.
§ 151.40 MAJOR SUBDIVISIONS; PRELIMINARY PLAT.
(A)
Generally. For all major subdivisions, the subdivider shall submit 1 copy (or
more if requested) of a preliminary plat containing all required information to the Planning and
Development Director. At the time of submission of the preliminary plat, the subdivider shall
pay the fees as established by the town.
(B)
Phased development. If a developer proposes that a subdivision will be
constructed in phases, the following procedure shall apply.
(1)
A master plan showing the entire proposed subdivision and the phases of
development, proposed density, proposed type and location of utilities, and proposed
development timetable shall be submitted to the Planning and Development Director for approval
by the Planning Board.
(2)
Each phase of the development shall be preceded by submission and
approval of a preliminary plat. The master plan may be submitted prior to or simultaneously
with submission of the preliminary plat for the first phase of development.
(3)
As each phase is completed, a final plat must be submitted and approved
for that phase.
(4)
Approval of the master plan need not be renewed unless significant design
changes or density increases are proposed.
(C)
Contents required. The preliminary plat shall be clearly and legibly drawn at a
scale of 100 feet to 1 inch and/or at another scale acceptable to the Planning and Development
Director. A registered land surveyor currently licensed and registered in the State of North
Carolina by the North Carolina Board of Registration for Professional Engineers and Land
Surveyors, shall prepare the preliminary plat, and shall contain the following information:
(1)
Boundaries of tract shown with bearings, distances, and closures;
(2)
Proposed streets, street names, and rights-of-way widths;
(3)
Location of storm drain channels and size of drain pipes;
(4)
Easements of 20 feet shall be provided for all utilities;
(5)
Access to open or piped storm drainage channels shall be guaranteed to the
town by granting an easement no less than 20 feet wide and shown on plat;
165
(6)
Proposed lot lines, lot and block numbers, dimensions, and square footage;
(7)
Proposed minimum building setback lines per zoning requirements;
(8)
Title, date, name, and location of subdivision, north point, and graphic
scale;
(9)
Name of subdivider, registered surveyor, seal, signed and dated, and
indicating last revision date;
(10) No person shall initiate any land disturbing activity which uncovers more
than 1 contiguous acre within the proposed subdivision without having an erosion control plan
approved by the Land Quality Section of the North Carolina Department of Environment and
Natural Resources. Written documentation of the approval shall accompany the preliminary plat;
(11)
(12)
Site data:
(a)
Acreage in total tract;
(b)
Total number of lots;
(c)
Lineal feet in streets;
(d)
Smallest lot size; and
(e)
Distance to Fire Department and nearest hydrant(s).
Location of subdivision signage with easement for access to maintain;
(13) All points of access to a subdivision shall have signage indicating the
name of the subdivision;
(14) Plans for public water and sewer utilities shall be submitted with the
preliminary plat to the Planning Director and Director of Public Works. For water and sewer
utilities, approval by the appropriate utility shall be indicated on the plans. If below-ground
utilities are approved, it shall be indicated on the plan;
(15) Plans for streets shall be submitted with the preliminary plat and shall
indicate conformity to the Town of Maggie Valley street standards indicating road grade by a
certified surveyor or registered engineer;
(16) Designation of any identified flood hazard area and land slide area for
potential break points;
(17) There shall be a 25-foot buffer zone adjacent to Jonathan Creek and
Campbell Creek or any other identified trout stream. Any watercourse with year around flow
shall maintain a 20-foot buffer zone. The buffer zone shall be composed of natural grasses and
166
similar natural vegetative materials and shall be measured from the top of the creek bank. The
Planning and Development Director can make determinations for top of bank; and
(18) A description and/or diagram of proposed means for reseeding and soil
stabilization of any disturbed area.
(D)
Town staff review procedure. The Planning and Development Director shall
review for compliance with this chapter and other ordinances of the town to assure that adequate
public utilities and services are available. The Planning and Development Director shall meet
with any agency or officials deemed necessary to adequately review the plat and shall complete
the review within 14 days after submittal. If all applicable provisions of this and other town
ordinances and regulations are met, the Planning and Development Director shall submit the plat
to the Planning Board. If all applicable provisions are not met, the plat shall be returned to the
applicant with deficiencies noted.
(E)
Planning Board review procedure.
(1)
First consideration of the preliminary plat shall be at the next regularly
scheduled meeting of the Planning Board that follows at least 7 days after the Chairperson or
their designee has received notification of submittal from the Planning Director. The Planning
Board shall take action within 35 days of receiving the preliminary plat.
(2)
Before taking final action on the preliminary plat, the Planning Board may
refer copies of the plat and any accompanying material to those public agencies concerned with
new development, provided that the Planning Board may extend the 35-day review period if
within the time period it has not received information it deems necessary for a thorough review
of the plat.
(3)
Approval of the preliminary plat shall be valid for 1 year unless a written
extension is granted by the Planning Board on or before the 1-year anniversary of the approval.
If the final plat is not submitted for approval within the 1-year period or any period of extension,
then the approval of the preliminary plat shall be void.
BEGIN CONSTRUCTION.
§ 151.41 BEGIN CONSTRUCTION.
(A)
Generally. Upon approval of the preliminary plat by the Planning Board, the
167
subdivider may proceed with preparation of the final plat and the installation of or arrangements
for roads, utilities, and other improvements as specified in the approved preliminary plat.
(B)
Improvements guarantees.
(1)
Agreement and security required. In lieu of requiring the completion,
installation, and dedication of all improvements prior to final plat approval, the town may enter
into an agreement with the subdivider whereby the subdivider shall agree to complete all required
improvements as specified on the approved preliminary plat, or that portion of the subdivision to
be shown on the final plat, within a reasonable time to be determined in the agreement. Once the
agreement is signed by both parties and security required herein is provided, the Board of
Aldermen shall notify the Planning Board by letter within 5 working days and the Planning
Board may approve the final plat as provided herein. To secure this agreement, the subdivider
shall provide, subject to the approval of the Board of Aldermen, either one or a combination of
the following guarantees not exceeding 1.25 times the entire cost as provided herein.
(a)
Surety performance bond(s). The subdivider shall obtain a
performance bond(s) from a surety bonding company authorized to do business in North
Carolina. The bond(s) shall be payable to the Town of Maggie Valley and shall be in an amount
equal to 1.25 times the entire cost, as estimated by the Planning and Development Director, of
installing all required improvements as specified on the approved preliminary plat for that
portion of the subdivision to be shown on the final plat. The duration of the bond(s) shall be
until the time as the Board of Aldermen approves the improvements. The Board of Aldermen
shall not give the approval until it has been satisfied that all required improvements have been
installed.
(b)
Cash or equivalent security. The subdivider shall deposit cash or
other instrument readily convertible into cash at face value, either with the town or in escrow
with a financial institution designated as an official depository of the town. The use of any
instrument other than cash shall be subject to the Board of Aldermen. The amount of deposit
shall be equal to 1.25 times the cost, as estimated by the Planning and Development Director, of
installing all required improvements as specified on the approved preliminary plat for that
portion of the subdivision to be shown on the final plat. If cash or other instrument is deposited
in escrow with a financial institution as provided above, then the subdivider shall file with the
Board of Aldermen an agreement between the financial institution and himself guaranteeing the
following:
1.
That the escrow account shall be held in trust until released
by the Board of Aldermen and may not be used or pledged by the subdivider in any other matter
during the term of the escrow; and
2.
That in case of a failure on the part of the subdivider to
complete the improvements, the financial institution shall, upon notification by the Board of
168
Aldermen and submission by the Board of Aldermen to the financial institution of the Planning
and Development Director’s estimate of the amount needed to complete the improvements,
immediately either pay to the town the funds estimated as needed to complete the improvements,
up to the full balance of the escrow account, or deliver to the town any other instruments fully
endorsed or otherwise made payable in full to the town.
(c)
Letter of credit. A satisfactory, irrevocable letter of credit as
approved by the Town Attorney and Board of Aldermen and deposited with the Town Clerk shall
be submitted. When a letter of credit is submitted, the following information shall be contained
in the letter:
1.
Shall be entitled “Irrevocable Letter of Credit”;
2.
Shall indicate that the Town of Maggie Valley is the sole
3.
The amount as approved by the town;
4.
Account number and/or credit number that drafts may be
5.
List of improvements that shall be built that the letter is
6.
Terms in which the Town of Maggie Valley may make
7.
Expiration date of the letter.
beneficiary;
drawn on;
guaranteeing;
drafts on the account; and
(2)
Default. Upon default, meaning failure on the part of the subdivider to
complete the required improvements in a timely manner as spelled out in the agreement in
division (B)(1) above, then the surety, or the financial institution holding the escrow account
shall, if requested by the Board of Aldermen, pay all or any portion of the bond or escrow fund to
the Town of Maggie Valley up to the amount needed to complete the improvements based on the
Planning and Development Director’s estimate. Upon payment, the Board of Aldermen, in its
discretion, may expend the portion of the funds as it deems necessary to complete all or any
portion of the required improvements. The town shall return to the surety or escrow account any
funds not spent in completing the improvements.
(3)
Release of guarantee security. The Board of Aldermen may release a
portion of any security posted as the improvements are completed and recommended for approval
by the Planning and Development Director. At the time the Board of Aldermen approves all
improvements placed in the subdivision as recommended by the Planning and Development
Director, all security posted shall be immediately released.
169
(Ord. 407, passed 7-19-2005)
FINAL PLAT; MAJOR SUBDIVISION.
§ 151.42 FINAL PLAT; MAJOR SUBDIVISION.
(A)
Generally. No final plat for a major subdivision shall be considered unless it has
been preceded by a preliminary plat approved by the Planning Board. The final plat shall
constitute only that portion of the preliminary plat which the subdivider proposes to record and
develop at the time of submission. No final plat shall be considered unless and until the
subdivider shall have installed in that area represented on the final plat, all improvements
required by this chapter as specified in the approved preliminary plat, or financial guarantees of
the improvements have been arranged in accordance with § 151.41. The subdivider shall submit
1 copy (or more if requested) of the final plat to the Planning and Development Director.
(B)
Contents required. The original of the final plat shall be at a scale of 100 feet to 1
inch, or at another scale acceptable to the Planning and Development Director, on a sheet of a
size and material that will be acceptable to the Register of Deeds of Haywood County. The plat
shall conform substantially to the preliminary plat as approved and display all of the contents
required in § 151.40(C). The plat shall conform to the provisions of the G.S. § 47-30, as
amended. The final plat shall be prepared by a registered land surveyor currently licensed and
registered with the State of North Carolina by the North Carolina Board of Registration for
Professional Engineers and Land Surveyors and shall show the following information:
(1)
Subdivision name, north arrow, scale denoted graphically and numerically,
date of plat preparation and revision dates (if any) since preliminary plan, and township, county
and state in which the subdivision is located; and the name(s) of the owner(s) and the surveyor
including the seal(s) and registration number(s));
(2)
The exact boundary lines of the tract to be subdivided fully dimensioned
by length and bearings, and the location of intersecting boundary lines of adjoining lands;
(3)
The names and deed references (when possible) of owners of adjoining
properties and adjoining subdivisions of record including those proposed or under review;
(4)
All visible and apparent rights-of-way, watercourses, applicable buffers,
minimum building setback lines, utilities, roadways, and other such improvements shall be
accurately located (including dimensions) within the property, where crossing, or forming any
170
boundary line of the property shown;
(5)
Sufficient engineering data to determine readily and reproduce on the
ground every straight or curved boundary line, street line, lot line, right-of-way line, easement
line, and minimum building setback line, including dimensions, bearings or deflection angles,
radii, central angles, and tangent distances for the centerline of curved streets and curved
property lines that are not the boundary of curved streets;
(6)
The accurate installation, location, and description of permanent
monument markers at the control points on the boundary of the property;
(7)
Survey pins placed in all corners;
(8)
The blocks numbered sequentially throughout the entire subdivision and
the lots numbered consecutively throughout each block;
(9)
Street names and right-of-way lines of all streets, and the location and
width of all adjacent streets and easements; and
(10) Forms for final certifications. Where applicable, the following certificates
shall be lettered or rubber-stamped on the final plat in such a manner as to ensure that the
certificates would be legible on any prints made therefrom. Prior to final plat approval, the
appropriate person shall sign the following certificates.
(a)
Certificate of ownership.
Certificate of Ownership
I (we) hereby certify that I am (we are) the owner(s) of that property shown and described hereon, and
that I (we) hereby adopt this plan of subdivision with my(our) free consent, establish minimum
building lines and minimum standards for all streets, sewers, water lines, alleys, walks, parks, and other
sites. Further, I (we) certify the land as shown hereon is within the platting jurisdiction of the Town of
Maggie Valley, North Carolina.
__________
___________________
Date
Owner
___________________
Owner
____________________
Notary
__________
Date
(b)
Certificate of accuracy.
171
Certificate of Accuracy
(As required under G.S. § 47-30, as amended.)
__________
____________________
Date
Registered Surveyor
(c)
Certification of approval of the installation and construction of
streets, utilities, and other required improvements.
Certification of Approval of the Installation and Construction of Streets, Utilities, and Other Required
Improvements
I hereby certify that streets, utilities, and other required improvements have been installed, or that a
guarantee of such installation has been arranged as authorized in the Code of Maggie Valley, North
Carolina, § 151.41, in accordance with the preliminary plat approved by the Planning Board, and
according to town specifications and standards in the subdivision entitled.
__________
Date
____________________
Planning and Development Director
(d)
Statement. The following statement shall appear on the plat where
applicable: “THIS SUBDIVISION IS LOCATED IN A WATER SUPPLY WATERSHED;
DEVELOPMENT RESTRICTIONS MAY APPLY.”
(C)
Staff review and approval. Upon receipt of the final plat in accordance with
division (A) above, the Planning and Development Director shall review for compliance with this
chapter and other ordinances and regulations of the town. The plat shall be accompanied by
written approval from the appropriate agencies that all streets and water and sewer utilities have
been installed in accordance with all required specifications, unless a guarantee of the
installations has been arranged in accordance with § 151.41. Upon receipt of the written
approvals, the Planning and Development Director shall sign the “Certificate of Approval of the
Installation and Construction of Streets, Utilities, and Other Required Improvements” as required
in division (B) above. The Planning and Development Director shall meet with any person or
agency deemed necessary for adequate review of the plat and shall complete the review within 14
days after submittal. If all applicable requirements of this chapter are met, the Planning and
Development Director shall approve the plat and submit it to the Planning Board. If all
applicable requirements of this chapter are not met, the Planning and Development Director shall
disapprove the plat and return it to the applicant with deficiencies noted.
(D)
Planning Board review. Upon approval by the Planning and Development
Director, the final plat shall be submitted to the Planning Board. First consideration shall be at
172
the next regularly scheduled meeting that follows at least 7 days after submission. The Planning
Board shall make a determination of approval or disapproval of the final plat at its first
consideration or at any regular or special meeting within 35 days of the plat’s first consideration.
The Board may extend the review period if it deems necessary in order to obtain additional
information necessary for a thorough review of the plat. The Board shall submit its findings to
the Board of Aldermen.
(E)
Disposition of copies.
(1)
If the final plat is approved by the Planning Board, the original tracing and
1 print shall be retained by the subdivider, and 1 print shall be filed with the town.
(2)
After approval, the following certificate shall be lettered or
rubber-stamped on the final plat in such a manner as to ensure that the certificate will be legible
on any prints made therefrom:
Certificate of Approval
I certify that the final plat shown hereon complies with the Maggie Valley subdivision regulations and
is approved by the Planning Board for recording in the Haywood County Register of Deeds office.
__________
______________________
Date
Chairperson, Town of Maggie
Valley Planning Board
(Ord. 407, passed 7-19-2005)
RECORDING THE FINAL PLAT.
§ 151.43 RECORDING THE FINAL PLAT.
Within 60 days after the final plat has been approved, it shall have been recorded with the
Register of Deeds of Haywood County. Should the 60-day time limit expire before the plat is
recorded, it must be resubmitted in accordance with the provisions of this chapter. Upon
adoption of this chapter, the Register of Deeds of Haywood County shall not thereafter file or
record a plat of a subdivision located within the Town of Maggie Valley until the plat has been
approved as provided herein. Without the approval, the filing or recording of a subdivision plat
shall be void.
173
(Ord. 407, passed 7-19-2005)
EFFECT OF PLAT APPROVAL ON DEDICATIONS.
§ 151.44 EFFECT OF PLAT APPROVAL ON DEDICATIONS.
The approval of a final plat shall not be deemed to constitute or effect the acceptance by
the town of the dedication of any street, public utility line, or other public facility as shown on
the plat. The Board of Aldermen shall pass a resolution in order to accept any dedications made
to the public of lands or facilities for streets, parks, public utility lines, or other public purposes.
(Ord. 407, passed 7-19-2005)
SUBDIVISION REQUIREMENTS
SUBDIVISION REQUIREMENTS
SUBDIVISION REQUIREMENTS / § 151.55 CONFORMITY TO EXISTING MAPS OR
PLANS.
§ 151.55 CONFORMITY TO EXISTING MAPS OR PLANS.
The location and width of all proposed streets shall be in conformity with official plans
and maps of the Town of Maggie Valley. Where any portion of a subdivision lies within the
proposed right-of-way of any major street or road shown on an officially adopted thoroughfare
plan of any part of the town, the street shall be dedicated in the location and width shown on the
official plan, provided that no dedication shall be required where right of access from abutting
property is denied.
SUBDIVISION REQUIREMENTS / § 151.56 CONTINUATION OF ADJOINING
174
STREET SYSTEM.
§ 151.56 CONTINUATION OF ADJOINING STREET SYSTEM.
The proposed street layout shall be coordinated with the street system of the surrounding
area. Where possible, existing principle streets shall be extended.
SUBDIVISION REQUIREMENTS / § 151.57 ACCESS TO ADJACENT PROPERTIES.
§ 151.57 ACCESS TO ADJACENT PROPERTIES.
Where, in the opinion of the Planning Board, it is desirable to provide for street access to
an adjoining property, proposed streets shall be extended by dedication to the boundary of the
property and a temporary turn around shall be provided. Streets shall be designed or walkways
dedicated to assure convenient access to adjacent parks, playgrounds, schools and other public
places. Dedicated walkways shall not be less than 10 feet wide.
SUBDIVISION REQUIREMENTS / § 151.58 LARGE TRACTS OR PARCELS.
§ 151.58 LARGE TRACTS OR PARCELS.
Where land is subdivided into larger parcels than ordinary building lots, the parcels shall
be arranged so as to allow for the opening of future streets and logical further re-subdivision.
SUBDIVISION REQUIREMENTS / § 151.59 ALLEYS.
175
§ 151.59 ALLEYS.
Twenty-foot alleys shall be provided to the rear of all lots used for other than residential
purposes. All dead-end alleys shall be provided with a turn around.
SUBDIVISION REQUIREMENTS / § 151.60 STREET NAMES.
§ 151.60 STREET NAMES.
Proposed street names, which are obviously in alignment with existing streets, shall bear
the assigned name of the existing streets. In no case shall the name of the proposed streets
duplicate or be phonetically similar to existing street names, irrespective of the use of the suffix;
street, avenue, boulevard, drive, place, court, and the like. Haywood County 911 Addressing
must approve all street names prior to final plat approval.
SUBDIVISION REQUIREMENTS / § 151.61 SURVEYING AND PLACEMENT OF
MONUMENTS.
§ 151.61 SURVEYING AND PLACEMENT OF MONUMENTS.
The Manual of Practice for Land Surveying, as adopted by the North Carolina Board of
Registration for Professional Engineers and Land Surveyors, under provisions of G.S. Chapter
89, shall apply when conducting surveys.
(Ord. 407, passed 7-19-2005)
SUBDIVISION REQUIREMENTS / § 151.62 NATURAL ASSETS.
176
§ 151.62 NATURAL ASSETS.
In any subdivision, due consideration will be given to preserving natural features such as
trees, ponds, streams, rivers, lakes, and for any historical sites which are of value not only to the
subdivision, but to the town as a whole.
SUBDIVISION REQUIREMENTS / § 151.63 SURFACE WATER RUNOFF.
§ 151.63 SURFACE WATER RUNOFF.
(A)
Any property owner, individual, business, or corporation grading lands or making
improvements within the town limits of Maggie Valley, North Carolina, will be required to
submit information prepared by a registered engineer or a registered land surveyor sufficient for
the town to adequately review the existing and proposed drainage for the project.
(B)
This information must include a plat of the property showing a metes and bounds
survey, existing and proposed sub-surface drainage facilities, estimated increased surface
drainage following project completion and plans for transfer and disposal of the additional
drainage resulting from the development. No building permit will be issue until this information
has been submitted, analyzed, and the town is confident that the drainage will not result in
damage to adjacent properties or violate North Carolina General Statutes that prohibit illegal
transfer of water from 1 drainage area onto another.
(C)
The purpose of this chapter is to protect the property owners within the town
limits from unplanned construction, inexperienced developers, and others that are not aware of
the shallow water table throughout the town and the increasing difficulties in protecting property
rights and our existing drainage facilities.
(D)
This chapter does not relieve the applicant of their responsibility to obtain
additional permits as required under the Sedimentation Pollution Control Act of 1973, G.S.
Chapter 113A, Article 4.
177
IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN
IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN
IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN / § 151.75
SUITABILITY OF LAND.
§ 151.75 SUITABILITY OF LAND.
Where land to be subdivided is found by the Planning Board and professional
analysis/documentation to be subject to the conditions of flooding, improper drainage, severe
erosion, slides, or to have other characteristics which pose an ascertainable danger to health,
safety or property, the subdivider shall take measures necessary to correct the conditions and to
eliminate the dangers.
STREETS AND ROADS.
§ 151.76 STREETS AND ROADS.
(A)
All lots to be platted shall have access to a street, and all proposed streets shall be
installed or financially guaranteed as provided in § 151.41(B), and in accordance with the
requirements below, prior to final plat approval.
(B)
Within any subdivision, no private drive, as defined in this chapter, shall be
allowed to provide access to more than 3 lots provided a cul-de-sac or a modified “Y” or “T”
exists at the terminus of the public road. If using a “Y” or “T,” 1 extension extending at least 25
feet and the other extending a minimum of 50 feet and a maximum of 100 feet which will allow a
vehicle with a wheel base of at least 25 feet to complete a turning movement with a maximum of
1 backing movement, shall be permitted. The Planning and Development Director and Planning
Board must approve the use of private drives.
(C)
All streets both public and private shall meet the minimum design and
construction standards of the Town of Maggie Valley subdivision road standards. The town may
178
by resolution, in accordance with § 151.44, accept streets for ownership and maintenance. All
streets must be paved prior to dedication. All roads not yet accepted by the town shall be
maintained in such a manner as to be safe and passable at all times. If requested by the developer
and at the option of the Board of Aldermen, streets may be accepted by the town for ownership
and maintenance in stages as planned by the developer in order to save undue expense to the
developer as well as the town. Private streets are allowed but a disclosure statement must be
included on the plat so that the buyer is aware that the property owners are responsible for the
road maintenance and not a public entity.
WATER AND SEWER SYSTEMS.
§ 151.77 WATER AND SEWER SYSTEMS.
The preliminary subdivision plat must be accompanied by satisfactory evidence as to the
proposed method and system of water supply and sanitary sewage collection and disposal.
Where feasible, connections shall be made to the water system owned by the Maggie Valley
Sanitary District and the sewer system operated by the Town of Maggie Valley. The installation
of all the systems except wells or septic tanks serving only 1 connection shall be required prior to
final plat approval unless financially guaranteed according to § 151.41(B). The systems may be
owned and operated by a public or private entity. Any well or septic tank serving only 1
connection shall be approved by the Haywood County Health Department. For all new systems
or expansion of existing systems serving 2 or more connections, approval shall be according to
state statutes. The preliminary plat shall be accompanied by written assurance from the
developer that plans for the new or expansion of existing systems have been approved by the
appropriate state and/or local agencies. If the developer wishes to install the new or expand
systems prior to final plat approval, then submission of the final plat shall be accompanied by
written approval of the installation of the systems by the appropriate state and/or local agencies.
Prior to final plat approval, if the developer wishes to financially guarantee the installation of the
systems, then submission of the final plat shall be accompanied by written approval of plans for
the systems from appropriate state and/or local agencies.
179
SEDIMENTATION CONTROL.
§ 151.78 SEDIMENTATION CONTROL.
In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water
bodies, or other drainage networks, and when there are plans for a land disturbing activity of 1
acre or more, the subdivider shall show proof with the preliminary plat of an erosion and
sedimentation control plan which has been approved by the state agency having jurisdiction in
accordance with the North Carolina Administrative Code, Title 15, as adopted by the North
Carolina Sedimentation Commission, 1-11-1978, as amended.
(Ord. 407, passed 7-19-2005)
LOTS.
§ 151.79 LOTS.
Minimum lot size shall comply with Chapter 154. When calculating lot size, street
right-of-way and other publicly dedicated areas shall not be included. Whenever the Haywood
County Watershed Protection Ordinance requires larger lot sizes, the watershed requirements
shall prevail.
BUILDING SETBACK LINES.
§ 151.80 BUILDING SETBACK LINES.
Building setback lines shall be in accordance with Chapter 154.
180
PENALTY.
§ 151.99 PENALTY.
After the effective date of this chapter, any person who, being the owner or agent of the
owner of any land located within the territorial jurisdiction of this chapter, thereafter subdivides
his or her land in violation of this chapter or transfers or sells land by reference to, exhibition of,
or any other use of a plat showing a subdivision of the land before the plat has been properly
approved under the terms of this chapter and recorded in the office of the Haywood County
Register of Deeds, shall be guilty of a misdemeanor. The description by metes and bounds in the
instrument of transfer or other document used in the process of selling or transferring land shall
not exempt the transaction from this penalty. The town may bring an action for injunction of any
illegal subdivision, transfer, conveyance or sale of land, and the court shall, upon appropriate
findings, issue an injunction and order requiring the offending party to comply with this chapter.
(Ord. 407, passed 7-19-2005)
TITLE XV: LAND USAGE / CHAPTER 152: FLOOD DAMAGE PREVENTION
CHAPTER 152: FLOOD DAMAGE PREVENTION
Section
General Provisions
152.01
152.02
152.03
152.04
152.05
152.06
152.07
152.08
152.09
152.10
152.11
152.12
Statutory authorization
Findings of fact
Statement of purpose
Objectives
Definitions
Lands to which this chapter applies
Basis for establishing the Special Flood Hazard Areas
Establishment of floodplain development permit
Compliance
Abrogation and greater restrictions
Interpretation
Warning and disclaimer of liability
181
152.13
152.14
Effect on rights and liabilities under the existing flood damage prevention
ordinance
Effect upon outstanding building permits
Administration
152.25
152.26
152.27
152.28
152.29
Designation of Floodplain Administrator
Floodplain development permit and certification requirements
Duties and responsibilities of the Floodplain Administrator
Corrective procedures
Variance procedures
Provisions for Flood Hazard Reduction
152.40
152.41
152.42
152.43
152.44
General standards
Specific standards
Subdivisions, manufactured home parks, and major developments
Standards for floodplains without established base flood elevations
Standards for floodplains with BFE but without established floodways or
nonencroachment areas
Floodways and nonencroachment areas
Standards for areas of shallow flooding (AO Zones)
Penalty
152.45
152.46
152.99
TITLE XV: LAND USAGE / CHAPTER 152: FLOOD DAMAGE PREVENTION /
GENERAL PROVISIONS
GENERAL PROVISIONS
GENERAL PROVISIONS / § 152.01 STATUTORY AUTHORIZATION.
§ 152.01 STATUTORY AUTHORIZATION.
(A)
Municipal. The Legislature of the State of North Carolina has in G.S. §
153A-121; G.S. Chapter 160A, Article 19, Parts 3, 5, and 8; and G.S. Chapter 160A, Article 8,
delegated the responsibility to local governmental units to adopt regulations designed to promote
the public health, safety, and general welfare of its citizenry.
(B)
County. The Legislature of the State of North Carolina has in G.S. Chapter 143,
Article 21, Part 6; G.S. Chapter 153A, Article 18, Parts 3 and 4; and G.S. § 153A-121, delegated
the responsibility to local governmental units to adopt regulations designed to promote the public
182
health, safety, and general welfare of its citizenry.
(Ord. 333, passed 2-17-2004)
GENERAL PROVISIONS / § 152.02 FINDINGS OF FACT.
§ 152.02 FINDINGS OF FACT.
(A)
The flood-prone areas within the jurisdiction of Maggie Valley 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 by uses vulnerable to floods or hazardous to other lands which are inadequately
elevated, floodproofed, or otherwise unprotected from flood damages.
(Ord. 333, passed 2-17-2004)
GENERAL PROVISIONS / § 152.03 STATEMENT OF PURPOSE.
§ 152.03 STATEMENT OF PURPOSE.
It is the purpose of this chapter 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 which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion, flood heights or
velocities;
(B)
Require that uses vulnerable to floods, including facilities which serve the uses, be
protected against flood damage at the time of initial construction;
(C)
Control the alteration of natural floodplains, stream channels, and natural
183
protective bathers, which are involved in the accommodation of flood waters;
(D)
Control filling, grading, dredging, and all other development which may increase
erosion or flood damage; and
(E)
Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
(Ord. 333, passed 2-17-2004)
GENERAL PROVISIONS / § 152.04 OBJECTIVES.
§ 152.04 OBJECTIVES.
The objectives of this chapter are:
(A)
To protect human life and health;
(B)
To minimize expenditure of public money for costly flood control projects;
(C)
To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(D)
To minimize prolonged business losses and interruptions;
(E)
To 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)
To help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize flood blight areas; and
(G)
To insure that potential homebuyers are notified that property is in a Special Flood
Hazard Area.
(Ord. 333, passed 2-17-2004)
GENERAL PROVISIONS / § 152.05 DEFINITIONS.
184
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure which is
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 chapter.
AREA OF SHALLOW FLOODING. A designated AO Zone on a community’s Flood
Insurance Rate Map (FIRM) with base flood depths determined to be from 1 to 3 feet. These
areas are located where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD. See SPECIAL FLOOD HAZARD AREA
(SFHA).
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any
given year.
BASE FLOOD ELEVATION (BFE). A determination as published in the Flood
Insurance Study of the water surface elevations of the base flood.
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 human-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.
185
DISPOSAL. Defined as in G.S. § 130A-290(a)(6).
ELEVATED BUILDING. A nonbasement building which has its reference level raised
above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings,
permanent 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) is pre-FIRM.
FLOOD or FLOODING. A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1)
The overflow of inland or tidal waters; and
(2)
The unusual and rapid accumulation of runoff of surface waters from any
source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map of a
community, issued by the Federal Emergency Management Agency, on which the Special Flood
Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be
used in conjunction with the Flood Insurance Rate Map (FIRM).
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 Special Flood Hazard Areas
and the risk premium zones applicable to the community are delineated.
FLOOD INSURANCE STUDY (FIS). An examination, evaluation, and determination
of flood hazard areas, corresponding water surface elevations (if appropriate), flood insurance
risk zones, and other flood data in a community issued by FEMA. The Flood Insurance Study
report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps
(FBFMs), if published.
186
FLOOD ZONE. A geographical area shown on a Flood Hazard Boundary Map or Flood
Insurance Rate Map that reflects the severity or type of flooding in the area
FLOODPLAIN or FLOOD-PRONE AREA. 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 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 REGULATIONS. This chapter and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances, and other
applications of police power which control development in flood-prone areas. This term
describes federal, state, or local regulations in any combination thereof, which provide standards
for preventing and reducing flood loss and damage.
FLOOD-PRONE AREA. See FLOODPLAIN.
FLOODPROOFING. Any combination of structural and nonstructural additions,
changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real
estate or improved real property, water and sanitation facilities, or structures with 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 1 foot.
FLOOR. See LOWEST FLOOR.
FREEBOARD. The additional amount of height added to the Base Flood Elevation
(BFE) to account for uncertainties in the determination of flood elevations. See also
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, such as 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. A facility for the collection,
storage, processing, treatment, recycling, recovery, or disposal of hazardous waste as defined in
187
G.S. Chapter 130A, Article 9.
HIGHEST ADJACENT GRADE (HAG). The highest natural elevation of the ground
surface, prior to construction, next to the proposed walls of the structure.
HISTORIC STRUCTURE. Any structure that is:
(1)
Listed individually in the National Register of Historic Places (a listing
maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of
Interior as meeting the requirements for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of Interior as
contributing to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(3)
Individually listed on a state inventory of historic places; and/or
(4)
Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified:
(a)
By an approved state program as determined by the Secretary of
(b)
Directly by the Secretary of Interior in states without approved
Interior; or
programs.
LOWEST ADJACENT GRADE (LAG). The elevation of the ground, sidewalk, patio
slab, or deck support immediately next to the building after completion of the building. For Zone
A and AO, use the natural grade elevation prior to construction.
LOWEST FLOOR. The subfloor, top of slab or grade 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 nonelevation design requirements of this chapter.
MANUFACTURED HOME. A structure, transportable in 1 or more sections, which is
built on a permanent chassis and designed to be used with or without a permanent foundation
when connected to the required utilities. The term MANUFACTURED HOME does not include
a RECREATIONAL VEHICLE.
MARKET VALUE. The building value, excluding the land (as agreed to between a
willing buyer and seller), as established by what the local real estate market will bear. MARKET
VALUE can be established by independent certified appraisal, replacement cost depreciated by
age of building (Actual Cash Value) or adjusted assessed values.
188
MEAN SEA LEVEL. For purposes of the NFIP, the National Geodetic Vertical Datum
(NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988
or other vertical control datum used as a reference for establishing varying elevations within the
floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to
each FIRM panel to determine datum used.
NEW CONSTRUCTION. Structures for which the “start of construction” commenced
on or after the effective date of the original version of this chapter and includes any subsequent
improvements to the structures.
NONCONFORMING BUILDING OR DEVELOPMENT. Any legally existing
building or development which fails to comply with the current provisions of this chapter.
NONENCROACHMENT 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 1 foot as designated in the Flood
Insurance Study report.
OBSTRUCTION. Includes, but is not limited to, any clam, wall, wharf, embankment,
levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along,
across or projecting into any watercourse which may alter, impede, retard or change the direction
and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris
carried by the flow of water, or its likelihood of being carried downstream.
POST-FIRM. Construction or other development which started on or after 1-1-1975 or
on or after the effective date of the initial Flood Insurance Rate Map for the area, whichever is
later.
PRE-FIRM. Construction or other development which started before 1-1-1975 or before
the effective date of the initial Flood Insurance Rate Map for the area, whichever is later.
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:
(1)
Built on a single chassis;
(2)
Four hundred square feet or less when measured at the largest horizontal
(3)
Designed to be self-propelled or permanently towable by a light duty
projection;
189
truck; and
(4)
Designed primarily not for use as a permanent dwelling, but as temporary
living quarters for recreational, camping, travel, or seasonal use.
REFERENCE LEVEL. The portion of a structure or other development that must be
compared to the regulatory flood protection elevation to determine regulatory compliance of the
building. Within Special Flood Hazard Areas designated as zones A1-A30, AE, A, A99, AO, or
AH, the reference level is the top of the lowest floor.
REGULATORY FLOOD PROTECTION ELEVATION. The elevation to which all
structures and other development located within the Special Flood Hazard Areas must be
elevated or floodproofed, if nonresidential. Within areas where Base Flood Elevations (BFEs)
have been determined, this elevation shall be the BFE plus 1 foot of freeboard. In areas where no
BFE has been established, all structures and other development must be elevated or floodproofed,
if nonresidential, to 2 feet above the highest adjacent grade. (Two feet is minimum, but a state
standard.)
REMEDY A VIOLATION. To bring the structure or other development into compliance
with state or community floodplain management regulations, or, if this is not possible, to reduce
the impacts of its noncompliance. Ways that impacts may be reduced include protecting the
structure or other affected development from flood damages, implementing the enforcement
provisions of the ordinance or otherwise deterring future similar violations, or reducing federal
financial exposure with regard to the structure or other development.
REPETITIVE LOSS. Flood-related damages sustained by a structure on 2 separate
occasions during any 10-year period for which the cost of repairs at the time of each flood event,
on the average, equals or exceeds 25% of the market value of the structure before the damage
occurred.
RETROFITTING. Measures, such as floodproofing, elevation, construction of small
levees, and other modifications, taken on an existing building or its yard to protect it from flood
damage.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream,
brook, and the like.
SALVAGE YARD. Property used for the storage, collection, and/or recycling of any type
of equipment whatsoever, whether industrial or noncommercial, and including, but not limited
to, vehicles, appliances, and related machinery.
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 § 152.07.
190
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. Defined as in G.S. § 130A-290(a)(36).
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
(including a manufactured home) on a site, such as the pouring of slabs or footings, installation
of piles, 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, a gas or liquid
storage tank that is principally above ground.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure during any
1-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 DAMAGE also means
flood-related damage sustained by a structure on 2 separate occasions during a 10-year period for
which the cost of repairs at the time of each flood event, on the average, equals or exceeds 25%
of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction,
rehabilitation, addition, or other improvement of a structure, taking place during any 1-year
period whereby the cost of which 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:
(1)
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
(2)
Any alteration of a historic structure, provided that the alteration will not
191
preclude the structure’s continued designation as a historic structure.
VARIANCE. A grant of relief from the requirements of this chapter.
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 §§
152.25 et seq. and 152.40 et seq. is presumed to be in violation until the time as that
documentation is provided.
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.
WATER SURFACE ELEVATION (WSE). The height, in relation to mean sea level, of
floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ord. 333, passed 2-17-2004)
GENERAL PROVISIONS / § 152.06 LANDS TO WHICH THIS CHAPTER APPLIES.
§ 152.06 LANDS TO WHICH THIS CHAPTER APPLIES.
This chapter shall apply to all Special Flood Hazard Areas within the jurisdiction,
including Extra-Territorial Jurisdictions (ETJ) if applicable, of Maggie Valley and within the
jurisdiction of any other community whose governing body agrees, by resolution, to such
applicability.
(Ord. 333, passed 2-17-2004)
GENERAL PROVISIONS / § 152.07 BASIS FOR ESTABLISHING THE SPECIAL
FLOOD HAZARD AREAS.
§ 152.07 BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.
(A)
The Special Flood Hazard Areas are those identified by the Federal Emergency
Management Agency (FEMA) or produced under the Cooperating Technical State (CTS)
agreement between the State of North Carolina and FEMA in its Flood Hazard Boundary Map
192
(FHBM) or Flood Insurance Study (FIS) and its accompanying flood maps such as the Flood
Insurance Rate Map(s) (FIRM) and/or the Flood Boundary Floodway Map(s) (FBFM), for Town
of Maggie Valley dated 4-17-1984, which with accompanying supporting data, and any revision
thereto, including Letters of Map Amendment or Revision, are adopted by reference and declared
to be a part of this chapter. The Special Flood Hazard Areas also include those defined through
standard engineering analysis for private developments or by governmental agencies, but which
have not yet been incorporated in the FIRM. This includes, but is not limited to, detailed flood
data:
(1)
Generated as a requirement of § 152.27(K) and (L);
(2)
Preliminary FIRMS where more stringent than the effective FIRM; or
(3)
Post-disaster Flood Recovery Maps.
(B)
In addition, upon annexation to Town of Maggie Valley or inclusion in the
Extra-Territorial Jurisdiction (ETJ), the Special Flood Hazard Areas identified by the Federal
Emergency Management Agency (FEMA) and/or produced under the Cooperating Technical
State agreement between the State of North Carolina and FEMA as stated above for the
Unincorporated Areas of Haywood County, with accompanying maps and other supporting data,
and any revision thereto, are adopted by reference and declared to be a part of this chapter.
(Ord. 333, passed 2-17-2004)
GENERAL PROVISIONS / § 152.08 ESTABLISHMENT OF FLOODPLAIN
DEVELOPMENT PERMIT.
§ 152.08 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.
A floodplain development permit shall be required in conformance with the provisions of
this chapter prior to the commencement of any development activities within Special Flood
Hazard Areas as determined in § 152.07.
(Ord. 333, passed 2-17-2004)
GENERAL PROVISIONS / § 152.09 COMPLIANCE.
193
§ 152.09 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 chapter and other applicable
regulations.
GENERAL PROVISIONS / § 152.10 ABROGATION AND GREATER RESTRICTIONS.
§ 152.10 ABROGATION AND GREATER RESTRICTIONS.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
(Ord. 333, passed 2-17-2004)
GENERAL PROVISIONS / § 152.11 INTERPRETATION.
§ 152.11 INTERPRETATION.
In the interpretation and application of this chapter, all provisions shall be:
(A)
Considered as minimum requirements;
(B)
Liberally construed in favor of the governing body; and
(C)
Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 333, passed 2-17-2004)
GENERAL PROVISIONS / § 152.12 WARNING AND DISCLAIMER OF LIABILITY.
194
§ 152.12 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger floods can
and will occur on rare occasions. Actual flood heights may be increased by human-made or
natural causes. This chapter does not imply that land outside the Special Flood Hazard Areas or
uses permitted within the areas will be free from flooding or flood damages. This chapter shall
not create liability on the part of Maggie Valley or by any officer or employee thereof for any
flood damages that result from reliance on this chapter or any administrative decision lawfully
made hereunder.
(Ord. 333, passed 2-17-2004)
GENERAL PROVISIONS / § 152.13 EFFECT ON RIGHTS AND LIABILITIES UNDER
THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE.
§ 152.13 EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD
DAMAGE PREVENTION ORDINANCE.
This chapter in part comes forward by reenactment of some of the provisions of the flood
damage prevention ordinance enacted 2-17-2004, as amended, and it is not the intention to repeal
but rather to reenact and continue to enforce without interruption of the existing provisions, so
that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The
enactment of this chapter shall not affect any action, suit, or proceeding instituted or pending.
All provisions of the flood damage prevention ordinance of Maggie Valley enacted on
2-17-2004, as amended, which are not reenacted herein are repealed.
(Ord. 333, passed 2-17-2004)
GENERAL PROVISIONS / § 152.14 EFFECT UPON OUTSTANDING BUILDING
PERMITS.
§ 152.14 EFFECT UPON OUTSTANDING BUILDING PERMITS.
195
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 chapter; provided, however, that when construction is not begun under
the outstanding permit within a period of 6 months subsequent to passage of this chapter or any
revision thereto, construction or use shall be in conformity with the provisions of this chapter.
(Ord. 333, passed 2-17-2004)
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION / § 152.25 DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
§ 152.25 DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The Code Enforcement Officer, hereinafter referred to as the Floodplain Administrator, is
hereby appointed to administer and implement the provisions of this chapter.
(Ord. 333, passed 2-17-2004)
ADMINISTRATION / § 152.26 FLOODPLAIN DEVELOPMENT PERMIT AND
CERTIFICATION REQUIREMENTS.
§ 152.26 FLOODPLAIN DEVELOPMENT PERMIT AND CERTIFICATION
REQUIREMENTS.
(A)
Plans and application requirements. Application for a floodplain development
permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to
any development activities proposed to be located within flood-prone areas. The following
items/information 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,
196
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, the location of utility systems,
proposed grading/pavement areas, fill materials, storage areas, drainage facilities, and other
proposed development;
(b)
The boundary of the Special Flood Hazard Area as delineated on
the FIRM or other flood map as determined in § 152.07 or a statement that the entire lot is within
the Special Flood Hazard Area;
(c)
Flood zone(s) designation of the proposed development area as
determined on the FIRM or other flood map as determined in § 152.07;
(d)
determined in § 152.07;
The boundary of the floodway(s) or nonencroachment area(s) as
(e)
The Base Flood Elevation (BFE) where provided as set forth in §§
152.07, 152.27(K) and (L), or 152.41(B)(5), 152.42, and 152.43;
(f)
The old and new location of any watercourse that will be altered or
relocated as a result of proposed development; and
(g)
Preparation of the plot plan by or under the direct supervision of a
registered land surveyor or professional engineer and certified by same.
(2)
Proposed elevation, and method thereof, of all development within a
Special Flood Hazard Area, 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 nonresidential
structure will be flood-proofed; 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 and back-up plans from a
registered professional engineer or architect certifying that the nonresidential flood-proofed
development will meet the flood-proofing criteria in §§ 152.41(B)(2) and 152.42(B);
(4)
A foundation plan drawn to scale which shall include details of the
proposed foundation system to ensure all provisions of this chapter are met. These details
include, but are not limited to:
197
(a)
Proposed method of elevation, if applicable (i.e., fill, solid
foundation perimeter wall, solid backfilled foundation, open foundation on columns/piers); and
(b)
Should solid foundation perimeter walls be used in floodplains,
details of sufficient openings to facilitate the unimpeded movements of floodwaters in
accordance with § 152.(B)(4).
(5)
Usage details of any enclosed space below the regulatory flood protection
elevation;
(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)
Copy of all other local, state, and federal permits required prior to
floodplain development permit issuance (i.e., wetlands, erosion and sedimentation control,
riparian buffers, mining, and the like);
(8)
If floodplain development permit is issued for placement of recreational
vehicles and/or temporary structures, documentation to ensure § 152.41(B)(6) and (B)(7) are met;
and
(9)
If a watercourse is proposed to be altered and/or relocated, a description of
the extent of watercourse alteration or relocation; 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)
Floodplain development permit data requirements. The following information
shall be provided at a minimum on the floodplain development permit to ensure compliance with
this code:
(1)
A description of the development to be permitted under the floodplain
development permit issuance;
(2)
The Special Flood Hazard Area determination for the proposed
development per available data specified in § 152.07;
(3)
The regulatory flood protection elevation required for the reference level
and all attendant utilities;
(4)
public utilities;
(5)
The regulatory flood protection elevation required for the protection of all
All certification submittal requirements with timelines;
198
(6)
State that no fill material shall encroach into the floodway or
nonencroachment area of any watercourse, if applicable;
(7)
If in an A, AO, AE, or A1-A30 zone, specify the minimum foundation
opening requirements; and
(8)
State limitations of below BFE enclosure uses, if applicable (i.e., parking,
building access and limited storage only).
(C)
Certification requirements.
(1)
An Elevation Certificate (FEMA Form 81-31) or Floodproofing Certificate
(FEMA Form 81-65) is required after the reference level is completed. Within 21 calendar days
of establishment of the reference level elevation, or floodproofing, by whatever construction
means, whichever is applicable, it shall be the duty of the permit holder to submit to the
Floodplain Administrator a certification of the elevation of the reference level, or floodproofed
elevation, whichever is applicable in relation to mean sea level. The certification shall be
prepared by or under the direct supervision of a registered land surveyor or professional engineer
and certified by same. When floodproofing is utilized, the certification shall be prepared by or
under the direct supervision of a professional engineer or architect and certified by same. Any
work done within the 21-day calendar period and prior to submission of the certification shall be
at the permit holder’s risk. The Floodplain Administrator shall review the certificate data
submitted. Deficiencies detected by the review shall be corrected by the permit holder
immediately and prior to further progressive work being permitted to proceed. Failure to submit
the certification or failure to make the corrections required shall be cause to issue a stop-work
order for the project.
(2)
A Final As-Built Elevation Certificate (FEMA Form 81-31) or
Floodproofing Certificate (FEMA Form 81-65) 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 or floodproofed elevation of the reference level and all attendant utilities. The
certification shall be prepared by or under the direct supervision of a registered land surveyor or
professional engineer and certified by same. When floodproofing is utilized, the 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 submitted.
Deficiencies detected by the 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 the corrections required shall be cause to withhold the issuance of a certificate of
compliance/occupancy. (FEMA forms are optional for floodplain management but
recommended. The use of the FEMA elevation certificates is mandatory for CRS communities.)
199
(3)
If a manufactured home is placed within an A, AO, AE, or A1-A30 zone
and the elevation of the chassis is above 36 inches in height, an engineered foundation
certification is required per § 152.41(B)(3).
(4)
If a watercourse is to be altered or relocated, a description of the extent of
watercourse alteration or relocation; 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 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)
The following structures, if located within A, AO, AE, or A1-A30 zones,
are exempt from the elevation/floodproofing certification requirements specified in divisions
(C)(1) and (C)(2) above:
(a)
Recreational vehicles meeting requirements of § 152.41(B)(6)(a);
(b)
Temporary structures meeting requirements of § 152.41(B)(7); and
(c)
Accessory structures less than 150 square feet meeting
requirements of § 152.41(B)(8).
(Ord. 333, passed 2-17-2004)
ADMINISTRATION / § 152.27 DUTIES AND RESPONSIBILITIES OF THE
FLOODPLAIN ADMINISTRATOR.
§ 152.27 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR.
Duties of the Floodplain Administrator shall include, but not be limited to:
(A)
Review all floodplain development applications and issue permits for all proposed
development with in flood-prone areas to assure that the requirements of this chapter have been
satisfied;
(B)
Advise permittee that additional federal or state permits (i.e., wetlands, erosion
and sedimentation control, riparian buffers, mining, and the like) may be required, and if specific
federal or state permits are known, require that copies of the permits be provided and maintained
on file with the floodplain development permit;
(C)
Notify adjacent communities and the North Carolina Department of Crime
200
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 the notification to the Federal Emergency Management Agency;
(D)
Assure that maintenance is provided within the altered or relocated portion of the
watercourse so that the flood-carrying capacity is not diminished.
(E)
Prevent encroachments within floodways and nonencroachment areas unless the
certification and flood hazard reduction provisions of § 152.44 are met;
(F)
Obtain actual elevation (in relation to mean sea level) of the reference level
(including basement) of all attendant utilities of all new or substantially improved structures, in
accordance with § 152.26(C);
(G)
Obtain the actual elevation (in relation to mean sea level) to which the new or
substantially improved structures and all utilities have been floodproofed, in accordance with §
152.26(C);
(H)
Obtain actual elevation (in relation to mean sea level) of all public utilities, in
accordance with § 152.26(C);
(I)
When floodproofing is utilized for a particular structure, obtain certifications from
a registered professional engineer or architect in accordance with §§ 152.26(C) and 152.41(B)(2);
(J)
Where interpretation is needed as to the exact location of boundaries of the
Special Flood Hazard 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 subchapter;
(K)
When Base Flood Elevation (BFE) data has not been provided in accordance with
§ 152.07, obtain, review, and reasonably utilize any Base Flood Elevation (BFE) data, along with
floodway data and/or nonencroachment area data available from a federal, state, or other source,
including data developed pursuant to § 152.42(D), in order to administer the provisions of this
chapter;
(L)
When Base Flood Elevation (BFE) data is provided but no floodway nor
nonencroachment area data has been provided in accordance with § 152.07, obtain, review, and
reasonably utilize any floodway data, and/or nonencroachment area data available from a federal,
state, or other source in order to administer the provisions of this chapter;
(M) When the exact location of boundaries of the Special Flood Hazard Areas conflict
with the current, natural topography information at the site, the property owner may apply and be
approved for a Letter of Map Amendment (LOMA) by FEMA. A copy of the Letter of Map
201
Amendment issued from FEMA will be maintained by the Floodplain Administrator in the
floodplain development permit file;
(N)
Permanently maintain all records that pertain to the administration of this chapter
and make these records available for public inspection;
(O)
Make on-site inspections of work in progress. As the work pursuant to a
floodplain development permit progresses, the Floodplain Administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done according to
the provisions of the local ordinance and the terms of the permit. In exercising this power, the
Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any
premises within the jurisdiction of the community at any reasonable hour for the purposes of
inspection or other enforcement action;
(P)
Issue stop-work orders as required. Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this chapter, 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 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;
(Q)
Revocation of 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, or 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;
(R)
Make periodic inspections throughout all special flood hazard areas within the
jurisdiction of the community. The Floodplain Administrator and each member of his or her
inspections department shall have a right, upon presentation of proper credentials, to enter on any
premises within the territorial jurisdiction of the department at any reasonable hour for the
purposes of inspection or other enforcement action; and
(S)
Follow through with corrective procedures of § 152.28.
(Ord. 333, passed 2-17-2004)
ADMINISTRATION / § 152.28 CORRECTIVE PROCEDURES.
202
§ 152.28 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 pertaining to their property.
(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 this chapter;
(2)
That a hearing will be held before the Floodplain Administrator at a
designated place and time, not later than 10 days after the date of the notice, at which time the
owner shall be entitled to be heard in person or by counsel and to present arguments and
evidence pertaining to the matter; and
(3)
That following the hearing, the Floodplain Administrator may issue the
order to alter, vacate, or demolish the building; or to remove fill as appears appropriate.
(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 this chapter, he or she shall make an order in writing to the owner, requiring the
owner to remedy the violation within a specified time period, not less than 60 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 the 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 10 days following issuance of the final order. In
the absence of an appeal, the order of the Floodplain Administrator shall be final. The local
governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm,
or revoke the order.
(E)
Failure to comply with order. If the owner of a building or property fails to
comply with an order to take corrective action from which no appeal has been taken, or fails to
comply with an order of the governing body following an appeal, he or she shall be guilty of a
misdemeanor and shall be punished in the discretion of the court.
203
(Ord. 333, passed 2-17-2004)
ADMINISTRATION / § 152.29 VARIANCE PROCEDURES.
§ 152.29 VARIANCE PROCEDURES.
(A)
The Board of Adjustment as established by Maggie Valley, hereinafter referred to
as the Appeal Board, shall hear and decide requests for variances from the requirements of this
chapter.
(B)
Any person aggrieved by the decision of the appeal board may appeal the decision
to the court, as provided in G.S. Chapter 7A.
(C)
Variances may be issued for 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 the variance is the minimum necessary to
preserve the historic character and design of the structure.
(D)
In passing upon variances, the Appeal Board shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
(1)
The danger that materials may be swept onto other lands to the injury of
(2)
The danger to life and property due to flooding or erosion damage;
others;
(3)
The susceptibility of the proposed facility and its contents to flood damage
and the effect of the damage on the individual owner;
(4)
The importance of the services provided by the proposed facility to the
(5)
The necessity to the facility of a waterfront location, where applicable;
community;
(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;
204
(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 flood waters 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 chapter,
the Appeal Board may attach any conditions to the granting of variances as it deems necessary to
further the purposes of this chapter.
(G)
Variances shall not be issued within any designated floodway or nonencroachment
area if any increase in flood levels during the base flood discharge would result.
(H)
Conditions for variances:
(1)
Variances may 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 only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief; and
(3)
Variances shall only be issued upon:
(a)
(b)
exceptional hardship; and
A showing of good and sufficient cause;
A determination that failure to grant the variance would result in
(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.
(4)
Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the Base Flood Elevation (BFE) and the elevation to which the
structure is to be built and a written statement that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced reference level elevation. The
205
notification shall be maintained with a record of all variance actions.
(5)
The Floodplain Administrator shall maintain the records of all appeal
actions and report any variances to the Federal Emergency Management Agency and the State of
North Carolina upon request.
(I)
A variance may be issued for solid waste disposal facilities, hazardous waste
management facilities, salvage yards, and chemical storage facilities that are located in Special
Flood Hazard Areas provided that all of the following conditions are met. A floodplain
development permit may be issued for the development only if a variance is granted.
(1)
The use serves a critical need in the community.
(2)
No feasible location exists for the use outside the Special Flood Hazard
Area.
(3)
The reference level of any structure is elevated or floodproofed to at least
the regulatory flood protection level.
(4)
The use complies with all other applicable federal, state, and local laws.
(5)
The Town of Maggie Valley has notified the Secretary of the North
Carolina Department of Crime Control and Public Safety of its intention to grant a variance at
least 30 days prior to granting the variance.
(Ord. 333, passed 2-17-2004)
PROVISIONS FOR FLOOD HAZARD REDUCTION
PROVISIONS FOR FLOOD HAZARD REDUCTION
PROVISIONS FOR FLOOD HAZARD REDUCTION / § 152.40 GENERAL
STANDARDS.
§ 152.40 GENERAL STANDARDS.
(A)
required.
Generally. In all Special Flood Hazard Areas, the following provisions are
206
(B)
Provisions.
(1)
All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure.
(2)
All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(3)
All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damages.
(4)
Electrical, heating, ventilation, plumbing, air conditioning equipment, and
other service facilities shall be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding. These include but are not
limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric meter
panels/boxes, utility/cable boxes, appliances (i.e., washers, dryers, refrigerator, and the like), hot
water heaters, electric outlets/switches.
(5)
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
(6)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters.
(7)
On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding.
(8)
Any alteration, repair, reconstruction, or improvements to a structure
which is in compliance with the provisions of this chapter, shall meet the requirements of “new
construction” as contained in this chapter.
(9)
Nonconforming structures or other development may not be enlarged,
replaced, or rebuilt unless the enlargement or reconstruction is accomplished in conformance
with the provisions of this chapter. Provided, however, nothing in this chapter shall prevent the
repair, reconstruction, or replacement of a building or structure existing on the effective date of
this chapter and located totally or partially within the floodway, nonencroachment area, or stream
setback, provided that the bulk of the building or structure below the regulatory flood protection
elevation in the floodway, nonencroachment area, or stream setback is not increased and
provided that the repair, reconstruction, or replacement meets all of the other requirements of this
chapter.
(10) New solid waste disposal facilities, hazardous waste management
facilities, salvage yards, and chemical storage facilities shall not be permitted in Special Flood
207
Hazard Areas. A structure or tank for chemical or fuel storage incidental to an allowed use or to
the operation of a water treatment plant or wastewater treatment facility may be located in a
Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at
least the regulatory flood protection elevation and certified according to § 152.26(C).
PROVISIONS FOR FLOOD HAZARD REDUCTION / § 152.41 SPECIFIC
STANDARDS.
§ 152.41 SPECIFIC STANDARDS.
(A)
Generally. In all Special Flood Hazard Areas where Base Flood Elevation (BFE)
data has been provided, as set forth in §§ 152.07 or 152.27(K) and (L), the following provisions
are required.
(B)
Provisions.
(1)
Residential construction. New construction or 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.
(2)
Nonresidential construction. New construction or substantial
improvement of any commercial, industrial, or other nonresidential structure shall have the
reference level, including basement, elevated no lower than the regulatory flood protection
elevation. Structures located in A, AO, AE, and A1-A30 Zones may be floodproofed to the
regulatory flood protection elevation in lieu of elevation provided that all areas of the structure
below the required flood protection elevation are watertight with walls substantially impermeable
to the passage of water, using structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or
architect shall certify that the standards of this subsection are satisfied. The certification shall be
provided to the official as set forth in § 152.26(C).
(3)
Manufactured homes.
(a)
New or replacement manufactured homes shall be elevated so that
the reference level of the manufactured home is no lower than the regulatory flood protection
elevation.
(b)
Manufactured homes shall be securely anchored to an adequately
anchored foundation to resist flotation, collapse, and lateral movement in accordance with the
208
State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any
revision thereto adopted by the Commissioner of Insurance pursuant to G.S. § 143-143.15 or a
certified engineered foundation. 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 other foundation elements of at least equivalent strength. When the elevation
of the chassis is above 36 inches in height, an engineering certification is required.
(c)
All foundation enclosures or skirting shall be in accordance with
division (B)(4) below.
(d)
An evacuation plan must be developed for evacuation of all
residents of all new, substantially improved, or substantially damaged manufactured home parks
or subdivisions located within flood-prone areas. This plan shall be filed with and approved by
the Floodplain Administrator and the local Emergency Management Coordinator.
(4)
Elevated buildings. New construction or substantial improvements of
elevated buildings that include fully enclosed areas that are below the regulatory flood protection
elevation shall not be designed to be used for human habitation, but shall be designed to be used
only for parking of vehicles, building access, or limited storage of maintenance equipment used
in connection with the premises, be constructed entirely of flood-resistant materials below the
regulatory flood protection level in A, AO, AE, and A1-A30 zones and meet the following design
criteria.
(a)
Measures for complying with this requirement shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwaters. To meet this requirement, the foundation must either be certified by a
professional engineer or architect or meet the following minimum design criteria:
1.
enclosed area subject to flooding;
Provide a minimum of 2 openings on different sides of each
2.
The total net area of all openings must be at least 1 square
inch for each square foot of each enclosed area subject to flooding;
3.
If a building has more than 1 enclosed area, each area must
have openings on exterior walls to allow floodwater to directly enter;
4.
The bottom of all required openings shall be no higher than
1 foot above the adjacent grade; and
5.
Openings may be equipped with screens, louvers, or other
opening coverings or devices provided they permit the automatic flow of floodwaters in both
directions; and
209
6.
Foundation enclosures:
a.
Vinyl or sheet metal skirting is not considered an
enclosure for regulatory and flood insurance rating purposes. Therefore the skirting does not
require hydrostatic openings as outlined above; and
b.
Masonry or wood underpinning, regardless of
structural status, is considered an enclosure and requires hydrostatic openings as outlined above
to comply with this chapter.
(b)
Access to the enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in
connection with the premises (standard exterior door) or entry to the living area (stairway or
elevator). The interior portion of the enclosed area chat not be partitioned or finished into
separate rooms, except to enclose storage areas.
(5)
Additions/improvements.
(a)
Additions and/or improvements to pre-FIRM structures whereas
the addition and/or improvements in combination with any interior modifications to the existing
structure:
1.
Are 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; and
2.
Are a substantial improvement, both the existing structure
and the addition and/or improvements must comply with the standards for new construction.
(b)
Additions to post-FIRM structures with no modifications to the
existing structure shall require only the addition to comply with the standards for new
construction.
(c)
Additions and/or improvements to post-FIRM structures whereas
the addition and/or improvements in combination with any interior modifications to the existing
structure:
1.
Are not a substantial improvement, the addition and/or
improvements only must comply with the standards for new construction; and
2.
Are a substantial improvement, both the existing structure
and the addition and/or improvements must comply with the standards for new construction.
(d)
Where a fire wall or independent perimeter load-bearing wall is
provided between the addition and the existing building, the addition(s) shall be considered a
210
separate building and only the addition must comply with the standards for new construction.
(6)
Recreational vehicles. Recreation vehicles placed on sites within a
Special Flood Hazard Area shall either:
(a)
Be on site for fewer than 180 consecutive days and be fully
licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no
permanently attached additions); or
(b)
Meet all the requirements for new construction, including
anchoring and elevation requirements of §§ 152.26 and 152.40 and division (B)(3) of this section
above.
(7)
Temporary structures. Prior to the issuance of a floodplain development
permit for a temporary structure, the following requirements must be met.
(a)
Applicants must submit to the Floodplain Administrator a plan for
the removal of the structure(s) in the event of a hurricane or flash flood warning notification.
The plan must include the following information:
1.
A specified time period for which the temporary use will be
permitted;
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 a
trucking company to insure the availability of removal equipment when needed; and
5.
Designation, accompanied by documentation, of a location
outside the Special Flood Hazard Area to which the temporary structure will be moved.
(b)
The above information shall be submitted in writing to the
Floodplain Administrator for review and written approval.
(8)
Accessory structures. When accessory structures (sheds, detached
garages, and the like) are to be placed within a Special Flood Hazard Area, the following criteria
shall be met:
(a)
Accessory structures shall not be used for human habitation
211
(including work, sleeping, living, cooking, or restroom areas);
(b)
Accessory structures shall be designed to have low flood damage
potential;
(c)
Accessory structures shall be constructed and placed on the
building site so as to offer the minimum resistance to the flow of floodwaters;
(d)
Accessory structures shall be firmly anchored in accordance with §
152.40(B)(1);
(e)
All service facilities such as electrical and heating equipment shall
be installed in accordance with § 152.40(B)(4);
(f)
Openings to relieve hydrostatic pressure during a flood shall be
provided below regulatory flood protection elevation in conformance with division (B)(4)(a)
above; and
(g)
An accessory structure with a footprint less than 150 square feet
does not require an elevation or floodproofing certificate. Elevation or floodproofing
certifications are required for all other accessory structures in accordance with § 152.26(C).
PROVISIONS FOR FLOOD HAZARD REDUCTION / § 152.42 SUBDIVISIONS,
MANUFACTURED HOME PARKS, AND MAJOR DEVELOPMENTS.
§ 152.42 SUBDIVISIONS, MANUFACTURED HOME PARKS, AND MAJOR
DEVELOPMENTS.
All subdivision, manufactured home park, and major development proposals located
within Special Flood Hazard Areas shall:
(A)
Be consistent with the need to minimize flood damage;
(B)
Have public utilities and facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage;
(C)
Have adequate drainage provided to reduce exposure to flood hazards; and
(D)
Have Base Flood Elevation (BFE) data provided if development is greater than
the lesser of 5 acres or 50 lots/manufactured home sites. The Base Flood Elevation (BFE) data
212
shall be adopted by reference per § 152.07 to be utilized in implementing this chapter.
PROVISIONS FOR FLOOD HAZARD REDUCTION / § 152.43 STANDARDS FOR
FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS.
§ 152.43 STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE
FLOOD ELEVATIONS.
(A)
Generally. Within the Special Flood Hazard Areas established in § 152.07, where
no Base Flood Elevation (BFE) data has been provided, the following provisions shall apply.
(B)
Provisions.
(1)
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 5 times the width of the stream whichever is greater, unless certification with
supporting technical data by a registered professional engineer is provided demonstrating that the
encroachments shall not result in any increase in flood levels during the occurrence of the base
flood discharge.
(2)
If § 152.42(A) is satisfied and Base Flood Elevation (BFE) data is
available from other sources, all new construction and substantial improvements within the areas
shall also comply with all applicable provisions of this chapter and shall be elevated or
floodproofed in accordance with elevations established in accordance with § 152.27(K) and (L).
When Base Flood Elevation (BFE) data is not available from a federal, state, or other source, the
reference level, including basement, shall be elevated at least 2 feet above the highest adjacent
grade. (Two feet is minimum, but a state standard.)
FLOODPLAINS WITH BFE BUT WITHOUT ESTABLISHED FLOODWAYS OR
NONENCROACHMENT AREAS.
§ 152.44 STANDARDS FOR FLOODPLAINS WITH BFE BUT WITHOUT
213
ESTABLISHED FLOODWAYS OR NONENCROACHMENT AREAS.
Along rivers and streams where Base Flood Elevation (BFE) data is provided but neither
floodway nor nonencroachment areas are identified for a Special Flood Hazard Area on the
FIRM or in the FIS, 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 1 foot at
any point within the community.
(Ord. 333, passed 2-17-2004)
PROVISIONS FOR FLOOD HAZARD REDUCTION / § 152.45 FLOODWAYS AND
NONENCROACHMENT AREAS.
§ 152.45 FLOODWAYS AND NONENCROACHMENT AREAS.
(A)
Located within the Special Flood Hazard Areas established in § 152.07 are areas
designated as floodways or nonencroachment areas. The floodways and nonencroachment areas
are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and
carry debris and potential projectiles.
(B)
The following provisions shall apply to all development within the areas.
(1)
No encroachments, including fill, new construction, substantial
improvements and other developments shall be permitted unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase in the flood levels
during the occurrence of the base flood. The certification and technical data shall be presented to
the Floodplain Administrator prior to issuance of floodplain development permit.
(2)
If division (B)(1) above is satisfied, all development shall comply with all
applicable flood hazard reduction provisions of this chapter.
(3)
No manufactured homes shall be permitted, except replacement
manufactured homes in an existing manufactured home park or subdivision provided the
following provisions are met:
(a)
The anchoring and the elevation standards of § 152.41(B)(3); and
214
(b)
The no encroachment standards of division (B)(1) above are met.
AREAS OF SHALLOW FLOODING (AO ZONES).
§ 152.46 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES).
(A)
Located within the Special Flood Hazard Areas established in § 152.07, are areas
designated as shallow flooding areas. These areas have special flood hazards associated with
base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path
of flooding is unpredictable and indeterminate.
(B)
The following provisions shall apply within the areas.
(1)
All new construction and substantial improvements of all structures shall
have the lowest floor, including basement, elevated to the depth number specified on the Flood
Insurance Rate Map (FIRM), in feet, above the highest adjacent grade. If no depth number is
specified, the lowest floor, including basement, shall be elevated at least to the regulatory flood
protection elevation as defined for the Special Flood Hazard Areas where no BFE has been
established.
(2)
All new construction and substantial improvements of nonresidential
structures shall have the option to, in lieu of elevation, be completely floodproofed together with
attendant utilities and sanitary facilities to or above that level so that any space below that level is
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 as per §§ 152.26(C) and 152.41(B)(2).
PROVISIONS FOR FLOOD HAZARD REDUCTION / § 152.99 PENALTY.
§ 152.99 PENALTY.
Violation of the provisions of this chapter or failure to comply with any of its
215
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 chapter 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
the violation continues shall be considered a separate offense. Nothing herein contained shall
prevent Maggie Valley from taking the other lawful action as is necessary to prevent or remedy
any violation.
(Ord. 333, passed 2-17-2004)
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS
CHAPTER 153: SIGNS
Section
153.01
153.02
153.03
153.04
153.05
153.06
153.07
153.08
153.09
153.10
153.11
153.12
153.13
153.99
Intent
Definitions
Enforcement and administration
Signs not requiring a permit
Signs requiring a permit
Prohibited signs
Nonconforming signs
Off-premise signs
General requirements
Maintenance
Fee for sign permit
Noncommercial messages
Effective date
Penalty
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.01 INTENT.
§ 153.01 INTENT.
These regulations shall apply to the regulation of all outdoor advertising and to
identification, business and principal use signs as defined by this chapter.
216
(Ord. 265, Ch. 2, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.02 DEFINITIONS.
lot.
ATTACHED SIGN. A sign which is itself directly affixed to the principal building on a
BANNERS. A sign with message or advertisement that is applied to flexible substrate of
cloth or vinyl. The sign is held in place by grommets, ropes, and ties and is intended for
temporary use only.
CHANGEABLE COPY SIGN. Includes scrolling marquees, time and temperature and
like signs on which message copy is changed electronically.
COMMEMORATIVE SIGN. Any sign erected in remembrance of a person or event or
which is commemorative in nature. Any commemorative sign shall be approved by the Board of
Aldermen.
CONSTRUCTION SIGN. A temporary sign whose message is limited to identification
of architects, engineers, contractors, and other individuals or firms involved with construction on
a specific site, the name of the building, the intended purpose of the building, and the expected
completion date.
FLASHING SIGN. A sign that incorporates flashing or blinking lights, or a sign with
moving parts or parts which simulate movement, including signs or lights on signs reflecting or
emitting a glaring light that could impair driver vision.
FREESTANDING SIGN. A sign supported by a structure placed in the ground and
which is wholly independent of any building or object other than the sign structure for support.
GOVERNMENTAL SIGN. Any sign erected by or on the order of an authorized public
official in the performance of his or her office or duty, including, but not limited to,
traffic-control signs, street name signs, warning and directional signs, public notice, or signs of a
similar nature.
HUMAN SIGN. Animals or human beings, live or simulated, being, holding, or carrying
a sign, designed or used so as to attract attention to the premises or activity.
217
(Ord. 491, passed 11-14-2006)
INCIDENTAL SIGN. A single face, non-illuminated professional or announcement sign
attached wholly to a building, window or door containing information relative to emergencies,
store hours, credit cards honored, and other similar accessory information.
LOT. A tract or parcel of land occupied or capable of being occupied by a building or
group of buildings devoted to a common use, together with the customary accessories and open
space belonging to the same.
NONCOMMERCIAL MESSAGE. Any message protected by the First Amendment that
does not direct attention to a business operated for profit, or to a commodity or service for sale.
OFF-PREMISES SIGNS. A sign which is designed to advertise or intended to advertise
a business, activity, product, or function which is not carried on or conducted on the property on
which the sign is located.
PENNANTS AND BALLOONS. Any animated, rotating, fluttering, or nonstationary
device made of flexible materials designed to attract attention.
POLITICAL SIGN.
(1)
A temporary sign of a candidate, party or group supporting the candidacy
of an individual for office or expressing or soliciting public support of, or opposition to, any
public issues(s).
(2)
The signs shall not be located on within the public right-of-way or affixed
to any improvement within the right-of-way (median, utility pole, traffic control device, bridge,
guardrail, or other safety barrier), within a required sight distance triangle, or on town property or
buildings, except within specified proximity of polling places on Election Day, under rules
established by the Haywood County Board of Elections.
(3)
Political signs must be removed within 10 days after the primary, genera
or run-off election or referendum.
(4)
All political signs shall not exceed 12 square feet n area. All such signs
shall not exceed 4 feet in height. All such signs may not be illuminated.
(Am. Ord. 575, passed 8-21-2007)
PORTABLE SIGN. A sign generally constructed to be easily movable without a
permanent attachment to the ground and which may or may not be equipped with wheels. The
signs may be designed for changeable messages. Signs painted on or attached to operational
vehicles and signs defined as temporary signs are not included in this definition.
PRINCIPAL USE IDENTIFICATION SIGNS. A sign which advertises a product,
218
business, or services or which conveys general information or data relating to the primary use of
or primary products produced by the principal user of the lot or premises.
READER BOARD A sign on which message copy is changed manually through the
utilization of attachable letters, numbers, symbols, and other similar character or changeable
pictorial panes.
ROOFLINE. The horizontal line which passes through the highest point of any roof.
SIGN. A name, identification, description, display, or illumination which is affixed to, or
painted, or represented directly or indirectly upon a building structure or lot and which directs
attention to an object, product, place, activity, person, institution, organization, or business.
SIGN STRUCTURE. A supporting structure erected or intended for the purpose of
displaying a sign. This definition does not include a building, fence, or any other structure that is
designed for any purpose other than the display of a sign.
TEMPORARY SIGN. An informational sign or other advertising devise intended for a
limited period of display.
UNIFIED BUSINESS DEVELOPMENT. Where more than 1 principal building or
business exists on a single lot or where any building contains a gross floor area of 5,000 square
feet or more, the building or business shall be deemed to be a unified business development.
Bona fide motels and rental cottages shall not be deemed to be unified business developments
unless operated in conjunction with other businesses.
(Ord. 265, Ch. 2, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.03 ENFORCEMENT AND
ADMINISTRATION.
§ 153.03 ENFORCEMENT AND ADMINISTRATION.
(A)
The Code Enforcement Officer is hereby given the authority to administer and
enforce the provisions of this chapter. He or she shall be responsible for issuing permits for the
erection of all outdoor signs and advertising, identification, business, and principal use signs.
(He or she shall be responsible for issuing permits in accordance with the provisions of this
chapter). The Code Enforcement Officer shall refuse a permit for the erection of any sign which
does not meet the requirements of this chapter. In addition to this requirement, a permit shall be
refused if the owner has or possess any outstanding sign violation until the violation is corrected.
In the absence of the Code Enforcement Officer, the Manager or an appointee designated by the
219
Manager shall have the authority to act in that capacity.
(B)
Any person, firm, or corporation aggrieved by any decision of the Code
Enforcement Officer regarding any provision of this chapter may appeal the decision to the Board
of Adjustment. The appeal may be taken within 10 days of the Code Enforcement Officer’s
decision by filing with the Code Enforcement Officer a notice of appeal setting forth either the
reasons that the appellant believes that the Code Enforcement Officer’s decision is in error or the
reasons that the appellant should be granted a variance from the provisions of this chapter. Upon
receipt of an appeal, the Code Enforcement Officer shall transmit the appeal together with any
necessary records to the Board of Adjustment for hearing.
(C)
The Board of Adjustment shall consist of 5 members, none of whom shall be a
member of the Board of Aldermen of the Town of Maggie Valley, but all of whom shall reside
within the corporate limits of Maggie Valley. The Board of Aldermen shall appoint a
Chairperson to serve a 3-year term, 2 members to serve 2-year terms and 2 members to serve
1-year term. All subsequent appointments shall be 3 year terms.
(D)
The Board of Adjustment shall hear and decide appeals where it is alleged that
there is error in any order, requirement, decision, or determination made by the Code
Enforcement Officer in the enforcement of this chapter.
(E)
The Board of Adjustment shall hear and decide appeals for variances from the
provisions of this chapter. Variances may be granted by the Board of Adjustment only when
special conditions exist whereby a literal enforcement of the provisions of this chapter would
result in practical difficulty or unnecessary hardship.
(F)
The concurring vote of 4 members of the Board of Adjustment shall be necessary
to reverse a decision or determination of the Code Enforcement Officer or to grant a variance
from the provisions of this chapter.
(G)
All decisions and findings of the Board of Adjustment shall be final
administrative decisions. Appeals from decisions of the Board of Adjustments shall be taken to
the Superior Court by proceedings in the nature of certiorari.
(H)
Prior to the issuance of a civil penalty, the Code Enforcement Officer may remove
an illegal sign, which is temporary in construction, installment, and/or in a publicly deeded
right-of-way contingent upon the following the prescribed notification procedure. The Code
Enforcement Officer must first issue a violation notice attached to the sign indicating 5 business
days remove the nonconforming sign. Second, the Code Enforcement Officer shall place a
warning sticker on the sign granting 3 business days prior to removal of the nonconforming sign.
If the nonconforming sign is not removed following the 2 notifications, equating to 8 business
days, the Code Enforcement Officer may remove the sign and make it available for retrieval at
Town Hall for an additional 10 business days. This division (H) pertains to, but not limited to,
220
signs without a temporary sign permit, illegally posted signs at intersections, off-premise real
estate signs, signs in a publicly deeded right-of-way, and signs advertising businesses and events.
(Am. Ord. 364, passed 11-16-2004)
(I)
The following signs are exempt from the regulations of this chapter, except where
prohibited under § 153.06:
(1)
they are located;
(2)
Signs not legible from beyond the boundaries of the property on which
Governmental signs, including traffic warning or regulatory signs and
devices;
(3)
Trade names and graphics which are located on gas pumps, newspaper,
soft drink and similar vending devices;
(4)
Flags, or insignia of any governmental, nonprofit, or business
organization;
(5)
religious holiday;
(6)
Seasonal/holiday signs and decorations associated with a national or
Warning of danger signs posted by utility or construction companies;
(7)
Signs on vehicles indicating the name of a business, unless the primary use
of the vehicle is for advertising or the display of signs. Vehicles may not park on state or private
property for displaying purposes. All vehicles must be registered, licensed, and have a valid
inspection;
(8)
Non-advertising decorative flags or devices;
(9)
Signs required by law, statute, or ordinance;
(10)
No trespassing, no loitering, and similar private warning signs;
(11)
Incidental signs;
(12)
Commemorative signs that have been approved by the Town Council; and
(13)
Signs painted on or displayed in windows.
(Ord. 265, Ch. 2, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.04 SIGNS NOT
REQUIRING A PERMIT.
221
§ 153.04 SIGNS NOT REQUIRING A PERMIT.
(A)
Generally. The following types of signs are permitted without requiring a permit.
(B)
Types.
(1)
Regulatory or warning signs not used for advertising purposes. The signs
shall not exceed 16 square feet in area per side;
(2)
Professional signs in residentially zoned area announcing professions,
businesses, or home occupations not exceeding 4 square feet per side in area and shall be
non-illuminated;
(3)
“For Sale” or “For Rent” signs pertaining to realty, on the premises offered
for sale or rent which do not exceed 8 square feet and which are not illuminated. There shall be a
limit of 1 such sign for each lot and the sign must state what is for sale or rent such as house, lot,
and the like. Any tract of land with 3 or more acres or 500 feet or more of road frontage will be
allowed 1 sign not to exceed 16 square feet. All the signs shall be removed within 5 days from
the rental or sale closing;
(4)
Church bulletin boards and identification signs, whether lighted or
unlighted. There shall be a limit of 1 sign for each lot;
(5)
Signs advertising agricultural products produced on the premises, not
exceeding 16 square feet in area per side. There shall be a limit of 1 sign for each lot;
(6)
Directional or informational signs of public, civic, and nonprofit
organizations;
(7)
Historical markers erected by a bona fide historical association. All signs
shall be limited to 16 square feet in area per side;
(8)
Construction signs pertaining to and during the construction or repair of
property on which they are located. The signs shall be removed prior to completion of the
project and may not be erected prior to issuance of a building permit. The signs shall be limited
to 16 square feet in area per side.
(Ord. 265, Ch. 2, passed 9-18-2001; Am. Ord. 319, passed 4-15-2003) Penalty, see § 153.99
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.05 SIGNS REQUIRING A
PERMIT.
222
§ 153.05 SIGNS REQUIRING A PERMIT.
(A)
Principal use identification signs. The total sign area which is allotted to
principal use identification shall not exceed 250 square feet. Only 1 sign may be an unattached
(freestanding detached) sign. No (freestanding detached) principal use identification sign shall
have more than 125 square feet per surface side. No more than 125 square feet shall be allotted
to attached signs. No attached sign shall be less than 16 square feet in area. No banners,
pennants, or balloons may cover, or be attached, to a principal use identification sign. Banners,
pennants, or balloons may not be used as a permanent sign.
(1)
Reader board signs provided the sign on which message copy is changed
manually through the utilization of attachable letters, numbers, symbols, and other similar
characters or changeable pictorial panels provided that the message or information is presented in
such a manner as not to flash. The signs shall be included in the allotted 125 square feet.
(2)
Changeable copy signs, scrolling marquees, time and temperature and like
signs are allowed as a special exception provided that the message or information is presented in
such a manner as to deliver the message and not to “get attention.” The words or symbols may
scroll or alternate but not in such a manner as to flash. The signs shall be included in the allotted
125 square feet.
(B)
Entrance, exit, and parking signs. “Entrance,” “Exit,” or “Parking” signs with a
maximum size of 6 square feet per side per sign, shall be permitted under this chapter. All the
signs shall be limited to the wording “entrance,” “exit,” or “parking.” Only 1 sign shall be
allowed for each exit or entrance. Entrance, exit, and parking signs may include the business
name but may not exceed a maximum size of 6 square feet.
(C)
Residential developments.
(1)
Residential developments (subdivisions, planned unit developments,
mobile home parks) and all permitted nonresidential uses located in residential districts shall be
allowed 1 attached sign not to exceed 12 square feet in area and 1 freestanding sign per street
frontage not to exceed 32 square feet in area and 8 feet in height. A freestanding sign shall have
a setback of no less than 10 feet from the street right-of-way or 15 feet from the traveled portion
of a street where the right-of-way does not exist or cannot be determined. The signs may be
illuminated.
(2)
If sign is located on a major thoroughfare (US-19, US-276) then an
identical 2-face (sided) sign shall be allowed that does not exceed 32 square feet on each side.
One-sided signs shall not exceed 32 square feet.
223
(Ord. 500, passed 11-28-2006)
(D)
Unified business development signs. In addition to the other regulations of this
chapter, the following regulations shall apply on property which is developed as a unified or
group business development.
(1)
Individual stores or business establishments within a Unified Business
Development are limited to signs having a maximum square footage of 36 square feet and a
minimum of 16 square feet attached to some structural portion of the unified business
development in addition to the surface area of its principal use identification signs.
(2)
In addition to signs permitted for individual stores or business
establishments within a Unified Business Development, there shall be no more than 1 general
unattached sign (freestanding detached) not to exceed 150 square feet. Section 153.09 shall
apply.
(E)
Portable signs. Permit not to exceed 30 days for new operating businesses while
awaiting the installation of a permanent free standing principal use identification sign or if the
principal use identification sign has been destroyed by storm, accident, or other causes.
Documentation of a new sign order is required.
(F)
Banners and temporary signs. Banners and temporary signs are allowed only by
city permit, and are not to exceed 24 square feet. No more than 6 permits with a duration of 7
days each shall be issued for the same location for any 12-month period. Only 1 banner may be
displayed per business, per permit issued.
(G)
Non-advertising special event banners and signs. Non-advertising banners and
signs may be used for special events provided that the event is recognized, and the use of banners
and signs is authorized by the Maggie Valley Board of Aldermen. Special event banners and
signs shall be used no more than 5 days prior to the event nor more than 2 days after the event.
Other event banners and signs may be allowed by permit only.
(H)
Political signs. No political sign shall be permitted in the corporate limits or
extraterritorial jurisdiction of the Town of Maggie Valley unless the candidate, or the candidate’s
designee, first deposits $100 with the Town of Maggie Valley to insure the removal of the signs.
Five days after the election, the $100 deposit will be refunded to the candidate or the candidate’s
designee, provided all signs have been removed, however if the candidate is contacted over twice
by the Code Enforcement Officer in regards to his or her sign not being in conformance with the
town’s code the sign shall be removed and the $100 deposit will be forfeited to the Town of
Maggie Valley.
(Ord. 319, passed 4-15-2003)
224
(I)
Regional amusement attractions and public regional facilities.
(1)
Approval.
(a)
The Board of Aldermen may approve signage for regional
amusement attractions and public regional facilities, which serve the greater residential area
and/or the tourist population, which exceeds the town’s Standard Sign Ordinance. The purpose
of this exception is to allow major amusement attractions or public facilities, which serve a
regional market increased flexibility with regard to signage necessary to effectively implement
their business.
(b)
The signage shall be approved for regional amusement attractions
and public regional facilities by the Board of Aldermen for all on-site signage. Off-site signage
only applies to existing rental signs available and properties that are located within the town’s
jurisdiction.
(2)
Minimum criteria.
(a)
Must be a regional amusement attraction or public regional facility.
(b)
Must operate business on at least 75 acres.
(c)
Must have a projected minimum of 125, 000 visitors annually pay
(d)
The signage shall not have a negative impact on surrounding land
admission fees.
uses.
(e)
The signage fosters the public health, safety, and welfare by
promoting safe and efficient public access to the regional public facility.
(Am. Ord. 506, passed 1-2-2007)
(Ord. 265, Ch. 2, passed 9-18-2001) Penalty, see § 153.99
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.06 PROHIBITED SIGNS.
§ 153.06 PROHIBITED SIGNS.
(A)
Generally. The following signs shall not be permitted, erected, or maintained in
the Town of Maggie Valley.
(B)
Specifically.
225
(1)
Outdoor advertising devices such as inflatable signs;
(2)
Signs which incorporate or emit any sounds which are intended to attract
attention;
(3)
No flashing lights or flashing signs or portable signs shall be erected after
the effective date of this chapter. All flashing lights or flashing signs or portable signs in
existence before the effective date shall be considered nonconforming uses and shall be brought
into compliance within 6 months after the effective date of this chapter;
(4)
Any sign or sign structure which:
(a)
Was not erected in conformity of the building codes of the Town of
(b)
Creates in any way an unsafe distraction for motor vehicle
Maggie Valley;
operators;
(c)
Obstructs the view of motor vehicle operators entering a public
roadway from the parking area, serving drive, private driveway, alley, or other thoroughfare;
(d)
Any sign which obstructs free ingress to or egress from a required
door, window, fire escape, or other required exit way;
(e)
“A-Frame” or sandwich board signs which are placed on or near
sidewalks or roadside curbs. This category shall be interpreted to include A-Frame signs which
indicate prices of commodities or services, or specific products or services offered on the site;
and/or
(f)
Any nongovernmental sign, whether temporary or permanent,
within any public street or highway right-of-way.
(5)
Human signs as defined, with the exception for use in conjunction with a
public, civic, or nonprofit event.
(Ord. 491, passed 11-14-2007)
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.07 NONCONFORMING
SIGNS.
§ 153.07 NONCONFORMING SIGNS.
226
(A)
All signs described in § 153.06 shall be removed in 6 months.
(B)
Any time that ownership of a nonconforming sign is changed, the nonconforming
sign shall be brought into compliance.
(C)
No changes shall be allowed as to the shape or size of the total sign structure of
any nonconforming sign. Changes in coloring, lettering, or information conveyed shall be
permitted.
(D)
Nonconforming signs other than those described in § 153.06 shall be considered
nonconforming uses. Nonconforming uses shall be brought into compliance within a period of 5
years from the date the sign becomes nonconforming. Nothing herein shall prohibit the removal
and replacement of seasonal signs exactly in the same condition on a seasonal basis, provided
that the required sign permit has been issued and in all other ways is in conformance with this
chapter.
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.08 OFF-PREMISE SIGNS.
§ 153.08 OFF-PREMISE SIGNS.
Off-premise signs are prohibited in the jurisdiction of the Town of Maggie Valley;
however, any business within the corporate limits of the Town of Maggie Valley, that does not
front US-19, shall be permitted 1 freestanding principal use identification sign that may be
located off premise along with 1 freestanding on-premise principal use sign that combined do not
to exceed 125 square feet and in all other ways shall comply with the North Carolina Department
of Transportation off-premises sign requirements. All new signs must be permitted through the
Department of Transportation, if applicable, Town of Maggie Valley, and the property owner on
which the sign is placed.
(Ord. 265, Ch. 2, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.09 GENERAL
REQUIREMENTS.
§ 153.09 GENERAL REQUIREMENTS.
(A)
Generally. The following signs are regulated and require a permit.
227
(B)
Specifically.
(1)
Maximum sign area and number of signs.
(a)
The surface area of a sign shall be computed as including the entire
area within that of the smallest rectangle, triangle, or circle (smallest rectilinear figure of not
more than 8 straight lines) which encompasses all of the display area of the sign and including all
of the elements of the matter displayed such as lettering, design, symbols, and background.
Frames and structure members not bearing advertising matter shall not be included in
computation of surface area.
(b)
Any such measurements shall be taken on only 1 face of the sign;
however, informational advertising matter may be displayed on both sides of any permitted sign.
All double face sign surface areas shall be parallel and may be separated by not more than 12
inches. When a sign consists of letters placed directly on a wall, building surface, awning or
marquee, or against open air (as when raised above a marquee), there being no background to the
letters save the wall or surface itself, the area of the sign shall be that of the smallest rectangle,
triangle, or circle (rectilinear figure of not more than 8 straight lines) within which all of the
lettering can be included.
(2)
Sign location. No sign shall be erected, constructed, or maintained so as
to interfere with vision clearance along any public street or public road, or at any intersection or
junction or 2 or more traffic arteries.
(a)
Setbacks. Except as specifically authorized herein, all pole
(freestanding detached) signs or signs detached from a building shall be placed outside the state
(NCDOT) right-of-way. No signs of any nature shall be permitted on any public right-of-way
except those erected for orderly traffic control, and other municipal and governmental purposes,
or directional signs of 6 square feet or less and referring only to organizations, which are
nonprofit in character, or to construction projects in progress.
(Am. Ord. 319, passed 4-15-2003; Am. Ord. 332, passed 2-17-2004)
(b)
Unattached (freestanding detached) signs. No unattached
(freestanding detached)signs shall exceed a height of 20 feet as measured from the curbline on
the nearest roadway. All unattached signs having a setback of less than 12 feet from the curbline
shall have a minimum ground clearance of 6 feet (except entrance and exit signs); however, a
solid base shall be allowed to a height of 2 feet above the curbline.
(c)
Entrance signs. Entrance signs shall not exceed a maximum height
of 3 feet as measured from the curb grade at the nearest roadway.
(d)
Signs attached to buildings. No sign shall be allowed to extend
over any public walkway or sidewalk. No sign shall be allowed to extend above the roofline of
228
the building.
(e)
Advertising signs. Any sign (together with its supporting structure)
now or hereafter existing which, 30 days or more after the premises have been vacated, advertises
an activity, business, product, or service no longer produced or conducted upon the premises
upon which the sign is located. The sign shall have the lettering removed, painted over, or
covered by an non-lettered wrap whose sole purpose is to cover and obscure any sign or sign
message or content. The sign owner is responsible for maintenance of any wrap. This provision
shall not apply to permanent signs accessory to businesses which are open only on a seasonal
basis.
(f)
Construction. All signs, permanent, temporary and portable, shall
be designed and constructed with a professional appearance using substrates, lettering, and
graphics standard and commonly used in the sign industry.
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.10 MAINTENANCE.
§ 153.10 MAINTENANCE.
All signs, together with any supports, braces, guys, and anchors, shall be kept in repair
and in a safe place of preservation. Deteriorating or dilapidated signs shall be removed by owner
or by the town at a cost of the sign owner after 90-days’ notice. A sign shall be in a state of
disrepair when more than 20% of its total surface area is covered with disfigured, cracked,
ripped, or peeling paint or poster paper, or any combination of these conditions. Any sign in a
state of disrepair shall be considered in violation of this chapter. No sign shall be allowed to
stand with bent or broken sign facing, broken supports, loose appendages, or struts which cause
the sign to stand more than 15 degrees from the perpendicular. No sign or sign structure shall be
allowed to have weeds, vines, or other vegetation growing on it and obscuring it from the street
or highway from which it is intended to be viewed.
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.11 FEE FOR SIGN
PERMIT.
§ 153.11 FEE FOR SIGN PERMIT.
229
All persons, firms, or corporations applying for a new sign permit shall pay a minimum
fee as determined by the Board of Aldermen to the Town of Maggie Valley. A sketch drawn to
scale with the dimensions of the sign shall be submitted with the fee, along with written
permission of the property owner as to the proposed sign.
(Ord. 265, Ch. 2, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.12 NONCOMMERCIAL
MESSAGES.
§ 153.12 NONCOMMERCIAL MESSAGES.
Notwithstanding any other provisions of this chapter, any sign, display, or device allowed
under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial
message that does not direct attention to a business operated for profit, or to a commodity or
service for sale, and that complies with size, lighting, height, and other requirements of the
district in which it is located.
(Ord. 265, Ch. 2, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.13 EFFECTIVE DATE.
This chapter shall be in full force and effect from and after 9-18-2001.
(Ord. 265, Ch. 2, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 153: SIGNS / § 153.99 PENALTY.
§ 153.99 PENALTY.
(A)
Any person, firm, or corporation who violates any provision of this chapter shall,
upon conviction, be guilty of a misdemeanor and shall be fined not exceeding $50. Each day that
a violation continues to exist shall be considered a separate offense, provided the violation is not
corrected within 7 days, or 48 hours for a temporary sign, after notice of the violation has been
230
given.
(B)
one, all, or a combination of the remedies authorized and prescribed by G.S. § 160A-175, with
the exception of subsection (b). When a violation subjects an offender to a civil penalty, the
penalty shall be $50 per day. Unless the violation is corrected or appeal is made to the Town of
Maggie Valley Board of Adjustment, the civil penalty shall begin 10 days after the notice of the
violation has been given by means of a certified letter by the Town of Maggie Valley official.
Further, this chapter shall provide that each calendar day’s continuing violation shall constitute a
separate and distinct offense, and the total penalty thus resulting shall be recorded as a lien
against the property.
(Ord. 265, Ch. 2, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE
CHAPTER 154: ZONING CODE
Section
General Provisions
154.001
154.002
154.003
154.004
154.005
154.006
Authority and enactment clause
Short title
Jurisdiction
Interpretation of certain terms and words
Definitions
Conflict with other regulations
Establishment of Districts
154.020
154.021
154.022
Use districts
District boundaries
Rules governing boundaries
Use Requirements by District
154.035
154.036
154.037
Intent
R-1 Low Density Residential District
R-2 Medium Density Residential District
231
154.038
154.039
154.040
154.041
R-3 High Density Residential District
Commercial 1 District; General Business (GB)
Commercial 2 District; Neighborhood Business (NB)
Floodway District
Area, Yard, Height, and Sewer Requirements
154.055
154.056
Standards
Handling of sewage
Application of Regulations
154.070
154.071
154.072
154.073
154.074
154.075
154.076
Use
Height and density
Lot size
Yard use limitations
Only one principal building on any lot
Yard sales
Vehicle sales
General Regulations
154.090
154.091
154.092
154.093
Nonconforming use
Off-street automobile parking and storage
Off-street loading and unloading space
Storage
Exceptions and Modifications
154.105
154.106
154.107
154.108
154.109
154.110
154.111
154.112
154.113
154.114
154.115
Lot of record
Font yard setbacks for dwellings
Height limitations
Visibility at intersections
Projections into required open space
Planned unit developments
Floodway fringe areas
Surface water runoff
Recreational vehicles
Street right-of-way
Side yard setback for dwellings
Landscaping Requirements
154.130
154.131
154.132
154.133
154.134
Intent and purposes
Application
Landscaping plan approval
General requirements and conditions
Specific landscaping requirements
232
Administration and Enforcement
154.145
154.146
154.147
154.148
154.149
154.150
154.151
Intent
Zoning Code Enforcement Officer
Building permit required
Application for building permit
Certificate of occupancy required
Remedies
Appeal from the Code Enforcement Officer
Zoning Board of Adjustment
154.165
154.166
154.167
154.168
154.169
154.170
154.171
154.172
154.173
154.174
Establishment of Zoning Board of Adjustment
Establishment of Planning Board
Selection of alternate members
Jurisdiction and decisions
Proceedings
Appeals, hearings, and notice
Stay of proceedings
Powers and duties
Appeals from the Zoning Board of Adjustment
Fees for variances, appeals, and special exceptions
Amendments
154.185
154.186
Generally
Fees for amendments
Extraterritorial Jurisdiction
154.200
154.201
154.202
154.203
154.999
Extraterritorial jurisdiction boundaries established
Application and enforcement of ordinances in the extraterritorial area
Planning Board
Board of Adjustment
Penalty
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE / GENERAL
PROVISIONS
GENERAL PROVISIONS
PROVISIONS / § 154.001 AUTHORITY AND ENACTMENT CLAUSE.
233
§ 154.001 AUTHORITY AND ENACTMENT CLAUSE.
The Board of Aldermen of the Town of Maggie Valley in pursuance of the authority
granted by the General Statutes of North Carolina, particularly G.S. Chapter 160A, Article 19,
Part 3, and for the purpose, of promoting the health, safety, morals, convenience, order,
prosperity, or the general welfare of the town; securing safety from fire, panic, and other dangers;
preventing the overcrowding of land; avoiding undue concentration of population; facilitating the
adequate provisions of transportation, water, sewerage, schools, and other public requirements;
conserving the value of buildings and encouraging the most appropriate use of land and buildings
throughout the town, all in accordance with a comprehensive plan, the Board of Aldermen of the
Town of Maggie Valley, North Carolina, does ordain and enact into law the following chapter.
(Ord. 265, Ch. 1, passed 9-18-2001)
PROVISIONS / § 154.002 SHORT TITLE.
§ 154.002 SHORT TITLE.
This chapter shall be known and may be cited as the Zoning Ordinance of the Town of
Maggie Valley, North Carolina.
(Ord. 265, Ch. 1, passed 9-18-2001)
PROVISIONS / § 154.003 JURISDICTION.
§ 154.003 JURISDICTION.
The provisions of this chapter shall apply within the corporate limits of the Town of
Maggie Valley as established on the Official Zoning Map, Town of Maggie Valley, North
Carolina. The map and all other explanatory matter thereon accompanies and is hereby made a
part of this chapter; it shall be on file in the office of the Town Clerk.
(Ord. 265, Ch. 1, passed 9-18-2001)
234
PROVISIONS / § 154.004 INTERPRETATION OF CERTAIN TERMS AND WORDS.
§ 154.004 INTERPRETATION OF CERTAIN TERMS AND WORDS.
(A)
Words used in the present tense include the future tense.
(B)
Words used in the singular number include the plural, and words used in the
plural number include the singular.
(C)
The word PERSON includes a firm, association, organization, partnership,
corporation, trust, and company as well as an individual.
(D)
The word LOT includes the words PLOT or PARCEL.
(E)
The word BUILDING includes the word STRUCTURE.
(F)
The word SHALL is always mandatory and not directory.
(G)
The words USED or OCCUPIED as applied to any land or buildings shall be
construed to include the phrase INTENDED, ARRANGED, OR DESIGNED TO BE USED OR
OCCUPIED.
(H)
The words MAP, ZONING MAP, or MAGGIE VALLEY ZONING MAP shall
mean the OFFICIAL ZONING MAP OF MAGGIE VALLEY, NORTH CAROLINA.
(Ord. 265, Ch. 1, passed 9-18-2001
PROVISIONS / § 154.005 DEFINITIONS.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or
building located on the same lot with the principal use or building.
BILLBOARD. See Sign, Outdoor Advertising.
235
BOARDING HOUSE. Buildings where, for compensation, lodging and/or meals are
provided for not more than 14 persons and not less than 4 persons.
BONA FIDE FARM. All land on which agricultural operations are conducted as the
principal use, to include the cultivation of crops and the husbandry of livestock.
BUFFER. A densely planted strip of bushes, evergreens, existing buildings, or fencing
made of natural materials that acts has a visual barrier between properties. Buffer strips shall be
maintained as not to encroach on rights-of-way.
BUILDING. A structure which is completely enclosed by a roof and by solid exterior
walls along whose outside faces can be traced an unbroken line for the complete circumference
of the structure, which is permanently affixed to a lot or lots, and used or intended for the shelter,
support or enclosure of persons, animals, or property of any kind. The connection of 2 buildings
by means of an open porch, breezeway, carport, passageway, or other open structure, with or
without a roof, shall not be deemed to make them 1 building.
BUILDING, ACCESSORY. A detached building subordinate to the main building on a
lot and used for purposes customarily incidental to the main or principal building and located on
the same lot therewith.
BUILDING, HEIGHT. The vertical distance from the average of the finished ground
level to the highest finished roof surface of a flat roof, or to a point at the average height of the
highest roof of a roof having a pitch.
BUILDING INSPECTOR. The Town of Maggie Valley Building Inspector.
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot
on which the building is located.
BUILDING SETBACK LINE. A line delineating the minimum distance between the
property line and a building on a lot, within which no building or other structure shall be placed
except as otherwise provided.
CAMPGROUNDS. Commercial facilities which provide temporary sites and hookups
(electricity, water and sewer) for recreational vehicles and tent sites. These sites are not intended
as manufactured home sites or as permanent locations for dwelling units.
CAMPING CABINS. A structure that is completely enclosed by a roof and by solid
exterior walls and that is less than 12 feet in width and less than 12 feet in depth (not including
open porches), which is permanently affixed to a lot or lots, and which meets all state and local
building codes, and is intended for use as temporary sleeping quarters for human beings.
CAMPING CABINS shall not have plumbing, kitchen, or cooking facility and are limited to
campgrounds.
236
CODE ENFORCEMENT OFFICER. The Town of Maggie Valley Code Enforcement
Officer.
CONSTRUCTION OFFICE, TEMPORARY. A structure, housing the field office
operations for the construction of a building or group of buildings being built simultaneously and
highway construction. The TEMPORARY CONSTRUCTION OFFICE shall be located on the
actual construction site and must be removed immediately upon completion of construction.
CUSTOMARY HOME OCCUPATION. Any use conducted entirely within a dwelling
and carried on by the occupants thereof, which use is clearly incidental and secondary to the use
of the dwelling for residential purposes and does not change the character thereof, and in
connection with which there is no display, and no person, not a resident on the premises, is
employed specifically in connection with the activity, except that not more than 1 assistant may
be employed. Provided further that no mechanical equipment is installed or used except such as
is normally used for domestic or professional purposes, and that not over 25% of the total floor
space of any structure is used for home occupations.
DWELLING, MULTI-FAMILY. A building or portion thereof used or designed as a
residence for 3 or more families living independently of each other and doing their cooking
therein, including apartments, apartment hotels, and group houses.
family.
DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by 1
DWELLING, TWO-FAMILY. A building arranged or designed to be occupied by 2
families living independently of each other.
DWELLING UNIT. A building, or portion thereof, providing complete and permanent
living facilities for 1 family.
EXPANSION. The act of expanding; this is to be considered adding sites.
EXPANSION refers to sites only, not improvements, or amenities.
FAMILY. Two or more persons sharing residency whose income and resources are
available to meet the family’s needs and who are related by blood, marriage, or the operation of
law, or who give evidence of a stable relationship which has existed over time.
FLOOD. An overflow of lands not normally covered by water that results in significant
effects in the vicinity. For the purpose of this chapter, land subject to flood shall be considered
to be land which is at an elevation lower than the elevation of the Regional Flood as determined
by the plate, “High Water Profiles, Jonathan’s Creek, Vicinity of Maggie Valley, North Carolina”
(Tennessee Valley Authority, June 1964).
FLOODWAY. The channel of the stream and that portion of the adjoining floodplain
237
designated by the Town Board to reasonably provide for the passage of flood flows.
FLOODWAY FRINGE AREAS. Areas lying outside the Floodway District but within
the area which would be flooded by the Regional Flood.
FLOOD, REGIONAL. A hypothetical flood used in TVA flood studies comparable to
the largest floods known to have occurred in the region, depicted on the plate, “High Water
Profiles, Jonathan’s Creek, Vicinity of Maggie Valley, North Carolina” (Tennessee Valley
Authority, June 1964).
GROSS FLOOR AREA. The total floor area of all buildings in a project including
basements, mezzanines, and upper floors, exclusive of stairways and elevator shafts. It excludes
separate service facilities outside the main building such as boiler rooms and maintenance shops.
INDIVIDUAL SEWER SYSTEM. Any septic tank or other facility serving a single
source with a design capacity of 3,000 gallons or less per day.
INDIVIDUAL WATER SYSTEM. Any well, spring, stream, or other source used to
supply a single connection.
KAMPING KABIN. See CAMPING CABINS.
LOT. A parcel of land occupied or capable of being occupied by a building or group of
buildings devoted to a common use, together with the customary accessories and open spaces
belonging to the same.
LOT DEPTH. The mean horizontal distance between front and rear lot lines.
LOT OF RECORD. A lot which is a part of a subdivision, a plat of which has been
recorded in the office of the Register of Deeds or Haywood County, or a lot described by metes
and bounds, the description of which has been so recorded.
LOT WIDTH. The distance between side lot lines measured at the building line.
MANUFACTURED HOME. A factory-assembled portable housing unit, or a portion
thereof, built on a chasses and intended for use as a dwelling unit, and not constructed in
accordance with the standards of the North Carolina Uniform Residential Building Code for 1and 2-family dwellings. A manufactured home is designed to be transported on its own chassis
and has a measurement of 40 feet or more in length and 8 feet or more in width. A manufactured
home shall be construed to remain a manufactured home whether or not wheels, axles, hitch, or
other appurtenances of mobility are removed, and regardless of the nature of the foundation
provided. All vehicles that are designated manufactured homes by the Uniform Standards Code
for Mobile Homes Act shall be considered manufactured homes. A manufactured home shall not
be construed to be a travel trailer or other form of recreational vehicle.
238
(1)
MANUFACTURED HOME, CLASS A. A manufactured home
constructed after 7-1-1976 that meets or exceeds the construction standards promulgated by the
U.S. Department of Housing and Urban Development that were in effect at the time of
construction and that satisfies the following additional criteria. It is the intent of these criteria to
insure that a Class A manufactured home, when installed, shall have substantially the appearance
of an on-site, conventionally built, single-family dwelling:
(a)
The manufactured home has a length of not exceeding 4 times its
width, with length measured along the longest axis and width measured at the narrowest part of
the other axis;
(b)
The pitch of the roof of the manufactured home has a minimum
vertical rise of 2.2 feet for each 12 feet of horizontal run and the roof is finished with a type of
shingle that is commonly used in standard residential construction;
(c)
All roof structures shall provide an eave projection of no less than
6 inches, which may include a gutter;
(d)
The exterior siding consists predominantly of vinyl or aluminum
horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or
hardboard, comparable in composition, appearance and durability to the exterior siding
commonly used in standard residential construction;
(e)
The manufactured home is set up in accordance with the standards
set by the North Carolina Department of Insurance and a continuous, permanent, approved
skirting material foundation or masonry curtain wall, unpierced except for required ventilation
and access, is installed under the perimeter of the manufactured home;
(f)
Stairs, porches, entrance platforms, ramps and other means of
entrance and exit to and from the home shall be installed or constructed in accordance with the
standards set by the North Carolina Department of Insurance, self-supporting and anchored
securely to the ground; with a minimum of 6 feet by 6 feet landing; and
(g)
The moving hitch, wheels, and axles, and transporting lights have
been removed.
(2)
MANUFACTURED HOME, CLASS B. A manufactured home
constructed after 7-1-1976 that meets or exceeds the construction standards promulgated by the
U.S. Department of Housing and Urban Development that were in effect at the time of
construction, and that meet or exceed divisions (e), (f), and (g) for Class A homes above.
(3)
MANUFACTURED HOME, CLASS C. Any manufactured home that
does not meet the definitional criteria of a Class A or Class B manufactured home.
239
MANUFACTURED HOME PARKS. Any premises where 3 or more mobile homes are
parked for living and sleeping purposes, or any premises used or set apart for the purpose of
supplying to the public parking space for manufactured homes for living and sleeping purposes,
and which include any buildings, structures, vehicles, or enclosures used or intended for use as
part of such a manufactured home park.
MANUFACTURED HOME SITE. A plot of ground within a manufactured home park
designated for the accommodation and use of one manufactured home and containing all
improvements and utility connections required under this chapter and other applicable town
codes.
MODULAR HOUSING. A form of manufactured housing that meets the construction
standards of the North Carolina Residential Building Codes for 1- and 2-family dwellings
regardless of how the unit or its components are transported to the site.
NONCONFORMING USE. A structure or land lawfully occupied by an existing use
which does not conform with the permitted uses for the zoning district in which it is situated,
either at the effective date of this chapter, or as the result of subsequent amendments to this
chapter.
PARK MODEL. A PARK MODEL recreational vehicle is basically a very small
manufactured (mobile) home. They are typically built in accordance with the construction
requirements of the HUD Manufactured Housing Code but because of their limited size (400
square feet or less of living space) they are not required to be labeled by the HUD manufacturing
housing program. Since these park model type units are not under the jurisdiction of the HUD
program, these units have typically in the past been built, labeled, and sold as recreational
vehicles.
PARKING SPACE. An area of not less than 9 feet by 18 feet, plus the necessary access
space. PARKING SPACE(S) shall be provided with vehicular access to a street or alley, shall
not be provided in a required front yard area, and shall always be located outside the dedicated
street right-of-way.
PLANNED UNIT DEVELOPMENT. Where more than 1 principal building or use is
proposed to be constructed on a single lot, or any building with a gross floor area of 5,000 square
feet or more, or any multi-family residential complex of 5 or more units, shall be deemed a
planned unit development (PUD). Residential units within a planned unit development may
include single-family detached or attached units, townhouse developments, garden apartments,
patio homes, and other types of residential units including manufactured homes and
manufactured home parks.
RECREATIONAL VEHICLE. See TRAVEL TRAILER.
RETAIL BUSINESS. Establishments selling commodities in small quantities to the
240
consumer.
RETAIL SERVICES. Establishments providing intangible needs for immediate uses.
SIGN. See Chapter 153.
SPECIAL EXCEPTION. A use that would not be appropriate generally or without
restriction throughout the zoning district, but which, if controlled as to number, area, location, or
relation to the neighborhood, would promote the public health, safety, welfare, morals, order,
comfort, convenience, appearance, prosperity, or general welfare. The uses may be permitted in
a zoning district as special exceptions, if specific provision for the special exceptions is made in
this chapter.
STREET. A dedicated and accepted public or private right-of-way for vehicular traffic,
which affords the principal means of access to abutting properties.
STRUCTURE. Anything constructed or erected, the use of which requires more or less
permanent location on the ground or which is attached to something having more or less
permanent location on the ground.
TRAVEL TRAILER. Any vehicle used, or so constructed as to permit its being used as
conveyance upon the public street or highways duly licensable as such, and constructed in such a
manner as will permit occupancy thereof as a dwelling or sleeping place for 1 or more persons,
and designed, for short-term occupancy, for frequent and/or extensive travel, and for recreational
and vacation use, including camper trucks and self-propelled campers, and the like. All
TRAVEL TRAILERS must remain in a mobile condition with no permanent or semi-permanent
structure attached to the travel trailer or erected on the rented site.
TRAVEL TRAILER/ RV PARKS. Any site of land approved by the Zoning Board of
Adjustment under § 154.039(C)(2) upon which two or more travel trailers are located and used as
temporary living or sleeping quarters. Temporary use is defined as less than 180 days out of a
365 day year.
USE. Any activity, occupation, business, or operation carried on, or intended to be
carried on, in a building or structure or on a tract of land.
VARIANCE. A variance is a relaxation of the terms of this chapter where the variance
will not be contrary to the public interest and where, owing to conditions peculiar to the property
and not the result of the actions of the applicant, a literal enforcement of this chapter would result
in unnecessary and undue hardship.
YARD. A space on the same lot with a principal building open, unoccupied, and
unobstructed by buildings or structures from ground to sky except where encroachments and
accessory buildings are expressly permitted.
241
YARD, FRONT. A yard across the full width of the lot extending from the front line of
the building to the front line of the lot.
YARD, REAR. An open, unoccupied space on the same lot with a principal building,
extending the full width of the lot and situated between the rear line of the lot and the rear line of
the building projected to the side lines of the lot.
YARD, SIDE. An open, unoccupied space on the same lot with a principal building,
situated between the building and the side lot line and extending from the rear line of the front
yard to the front line of the rear yard.
(Ord. 265, Ch. 1, passed 9-18-2001)
PROVISIONS / § 154.006 CONFLICT WITH OTHER REGULATIONS.
§ 154.006 CONFLICT WITH OTHER REGULATIONS.
Whenever the regulations of this chapter require a greater width or size of yards, courts,
or other open space; or require a lower height of buildings or lesser number of stories; or require
a greater percentage of lot to be left unoccupied; or impose other more restrictive standards that
are required in or under any other statutes or agreements, the regulations and requirements of this
chapter shall govern. Whenever the provisions of any other statute or agreement require more
restrictive standards than are required by this chapter, the provisions of the statute or agreement
shall govern.
(Ord. 265, Ch. 1, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE / ESTABLISHMENT OF
DISTRICTS
ESTABLISHMENT OF DISTRICTS
DISTRICTS / § 154.020 USE DISTRICTS.
§ 154.020 USE DISTRICTS.
242
For the purpose of this chapter, the Town of Maggie Valley is hereby divided into the
following districts:
(A)
R-1 Low Density Residential District;
(B)
R-2 Medium Density Residential District;
(C)
R-3 High Density Residential District;
(D)
N-B Neighborhood Business District (C2);
(E)
G-B General Business (C1); and
(F)
Floodway.
(Ord. 265, Ch. 1, passed 9-18-2001)
DISTRICTS / § 154.021 DISTRICT BOUNDARIES.
§ 154.021 DISTRICT BOUNDARIES.
The boundaries of these districts are hereby established as shown on a map entitled
“Official Zoning Map, Town of Maggie Valley, North Carolina,” adopted by the Board of
Aldermen and certified by the Town Clerk. Floodway Fringe Area boundaries shall be
determined by elevations from the High Water Profiles plate. The Zoning Map with all
explanatory matter thereon and the High Water Profiles plate accompany and are hereby made
part of this chapter. The map and plate shall be retained in the office of the Town Clerk.
(Ord. 265, Ch. 1, passed 9-18-2001)
DISTRICTS / § 154.022 RULES GOVERNING BOUNDARIES.
§ 154.022 RULES GOVERNING BOUNDARIES.
(A)
Generally. Where uncertainty exists with respect to the boundaries of any of the
aforesaid districts as shown on the Zoning Map, the following rules shall apply.
(B)
Specifically.
243
(1)
Where district boundaries are indicated as approximately following the
centerlines of streets or highways, street lines or railroad right-of-way lines or the lines extended,
the centerlines, street lines or railroad right-of-way lines shall be construed to be the boundaries.
(2)
Where district boundaries are so indicated that they approximately follow
lot lines, the lot lines shall be construed to be the boundaries.
(3)
Where district boundaries are so indicated that they are approximately
parallel to the centerlines of streets, highways, rivers and streams, railroad, or rights-of-way of
same, the districts boundaries shall be construed as being parallel thereto and at the distance
therefrom as indicated on the Zoning Map. If no distance is given, the dimension shall be
determined by use of the scale shown on the Zoning Map.
(4)
Where a district boundary line divides a lot in single ownership, the
district requirements for the least restricted portion of the lot shall be deemed to apply to the
whole thereof, provided that the extensions shall not include any part of such a lot more than 35
feet beyond the district boundary line.
(5)
Whenever a residential, planned unit, or commercial development is
proposed that is adjacent to a different district and where no buffer exists, the applicant shall
provide a buffer along the development or subdivision boundary.
(Ord. 265, Ch. 1, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE / USE REQUIREMENTS
BY DISTRICT
USE REQUIREMENTS BY DISTRICT
BY DISTRICT / § 154.035 INTENT.
§ 154.035 INTENT.
It is the intent of this subchapter that if any use or class of use is not specifically permitted
in a district as set forth below, it shall be prohibited in that district. It is also the intent that all
address numbering shall be approved by Haywood County E-911.
(Ord. 265, Ch. 1, passed 9-18-2001)
244
BY DISTRICT / § 154.036 R-1 LOW DENSITY RESIDENTIAL DISTRICT.
§ 154.036 R-1 LOW DENSITY RESIDENTIAL DISTRICT.
(A)
Intent. The R-1 Low Density Residential District is established as a district in
which the principal use of land is for low density single-family residential purposes. This district
is further intended to protect existing single-family neighborhoods from incompatible land uses.
It is also the intent of this district to allow for certain types of nonresidential community facilities
that would not be detrimental to the residential character of the district.
(B)
Permitted uses.
(1)
Single-family dwellings;
(2)
Only Class A manufactured homes;
(3)
Churches and their customary related uses;
(4)
Bona fide farms;
(5)
Garage apartments;
(6)
Greenhouses and truck gardens which are incidental to the residential use
and conducted on a noncommercial basis only, provided that no greenhouse heating plant shall
be located within 25 feet of any lot line;
(7)
Customary home occupations conducted by no person(s) other than the
members of the family residing on the premises, for clearly incidental and subordinate use to its
residential purposes. No change in the outside appearance of the premises, or other visible
evidence of the conduct of the home occupation shall be made, except that 1 sign may be
permitted (see Chapter 153).
(a)
The following uses shall be allowed and restricted to as home
occupations:
1.
Dressmaking;
2.
Drapery making;
3.
Laundering and ironing;
4.
Cooking and baking;
245
5.
Hairdressing;
6.
Music instruction limited to not more than 4 persons at any
7.
The renting of not more than 1 room with the boarding of
8.
Recognized professions of law, the writing of insurance,
1 time;
not more than 2 boarders; and
and accounting.
(b)
No equipment or process shall be used in the home occupations
which creates noise, vibration, fumes, odors, or electrical interference detectable to the normal
senses off the premises in use.
(c)
No traffic shall be generated by the home occupation in greater
volumes than would normally be expected in a residential neighborhood.
(8)
Public elementary and secondary schools and private schools having
curricula approximately the same as ordinarily given in public schools; and
(9)
Accessory building or structures provided such shall be permitted only in a
rear yard and shall be not less than 10 feet from any property line, and further provided that in the
case of corner lots the buildings or structures shall be set back at least 40 feet from any side street
right-of-way line.
(C)
Special exceptions.
(1)
Hospitals, sanitariums, rest and convalescent homes, homes for the aged,
and similar institutions, and dental offices and clinics not used primarily for the treatment of
contagious diseases, alcoholism or drug addicts;
(2)
Planned unit developments (must conform to § 154.110). The PUD shall
be in keeping with the intent of this section. Residential uses shall be limited to single-family
detached units;
(3)
Public or private parks, playgrounds, community centers, libraries, tennis
courts, golf courses, swimming pools, and similar recreation uses; and
(4)
Public works and public utility facilities such as transformer stations,
pumping stations, water towers, and telephone exchanges, provided that:
(a)
The facilities are essential to the service of the immediate area;
(b)
No vehicles or materials shall be stored on the premises, and no
246
offices shall be permitted;
(c)
All structures shall be set back at least 30 feet from all property
lines and enclosed by a woven wire fence at least 8 feet in height, and screened from public view.
This requirement may be modified by the Board of Adjustment when it deems appropriate;
(d)
The entire lot shall be properly landscaped to blend with the
surrounding area.
BY DISTRICT / § 154.037 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT.
§ 154.037 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT.
(A)
Intent. The R-2 Medium Density Residential District is established as a district in
which the principal use of land is for medium density single-family and multi-family residential
purposes. This district is also intended to protect existing single-family residential areas from
incompatible land uses. It is also the intent of this district to allow for certain types of
nonresidential community facilities that would not be detrimental to the residential character of
the district.
(B)
Permitted uses.
(1)
All uses permitted in the R-1 Low Density Residential District;
(2)
Two-family dwellings;
(3)
Multi-family dwellings;
(4)
Manufactured homes, Class A and Class B only;
(5)
Rooming or boarding houses; and
(6)
Child-care arrangement or facility licensed by the state as a day-care
center.
(C)
Special exceptions. All uses permitted in R-1 Low Density Residential District as
special exceptions.
247
BY DISTRICT / § 154.038 R-3 HIGH DENSITY RESIDENTIAL DISTRICT.
§ 154.038 R-3 HIGH DENSITY RESIDENTIAL DISTRICT.
(A)
Intent. The R-3 High Density Residential District is established as a district in
which the principal use of land is for higher density single- and multi-family residential purposes.
This district thus allows for a variety of residential uses in areas where the traffic circulation
pattern would accommodate higher density residential development. It is also the intent of this
district to allow for certain types of nonresidential community facilities that would not be
detrimental to the residential character of the district.
(B)
District.
Permitted uses. All uses permitted in the R-2 Medium Density Residential
(C)
Special exceptions. All uses permitted in the R-2 Medium Density Residential
District special exception.
(1)
Hospitals, sanitariums, nursing homes, and dental offices and clinics not
used primarily for the treatment of contagious diseases, alcoholism, or drug addicts;
(2)
Planned unit developments (must conform to § 154.110); and
(3)
Manufactured home parks, provided that:
(a)
There shall be no more than 10 mobile homes per acre;
(b)
No manufactured homes or other structures within a manufactured
home park shall be closer to each other than 25 feet, except that storage or other auxiliary
structure for the exclusive use of the mobile home may be closer to that mobile home than 25
feet;
(c)
There shall be at least 2 off-street parking spaces for each
manufactured home. These spaces shall be provided either on the same site as the manufactured
home served or in a designated parking area serving several or all mobile homes within the
manufactured home park;
(d)
No manufactured home or other structure shall be located closer
than 25 feet to the exterior boundary of the manufactured home park or a bounding street or
highway right-of-way;
(e)
A densely planted buffer strip, consisting of evergreen trees or
shrubs shall be located along all sides of the manufactured home park. The buffer strip shall not
248
be less than 4 feet in width and shall be composed of trees or shrubs of a type which at maturity
shall be not less than 6 feet in height. This planting requirement may be modified by the Board
of Adjustment where adequate buffering exists in the form of fencing, vegetation, and/or terrain;
(f)
All manufactured home parks shall be served by a public water
system. Any manufactured home park not served by a public sewerage system must be approved
by the Haywood County Health Department;
(g)
All manufactured home parks served by a public sewage collection
and treatment system shall meet the requirements of Article D-8 of Appendix D of the North
Carolina Plumbing Code. Any manufactured home park not served by a public sewage system
must be approved by the Haywood County Health Department;
(h)
Manufactured home park owner is responsible for containers,
stands, and the collection of all garbage and trash if municipal service is not available;
(i)
The manufactured home stand shall be improved to provide
adequate support for the placement and tie-down of the manufactured home. The stand shall not
heave, shift, or settle unevenly under the weight of the manufactured home due to frost action,
inadequate drainage, vibration, wind, or other force activity on the structure;
(j)
All manufactured homes shall be underpinned;
(k)
All streets within a manufactured home park shall conform to town
street standards and shall be maintained in such a manner as to be safe and passable at all times;
(l)
Accessory buildings or structures, provided such shall be permitted
only in a rear yard and shall be not less than 10 feet from any property line, and further provided
that in the case of corner lots the buildings or structures shall be set back at least 20 feet from any
side street right-of-way line; and
(m)
Minimum 100 feet lot depth measured perpendicular to street
right-of-way.
BY DISTRICT / § 154.039 COMMERCIAL 1 DISTRICT; GENERAL BUSINESS (GB).
§ 154.039 COMMERCIAL 1 DISTRICT; GENERAL BUSINESS (GB).
(A)
Intent.
249
(1)
Generally. The purpose of this district is to provide for general and
commercial activity at convenient points in the town. Regulations are designed to preserve the
traffic carrying capacity of the street and to provide for off-street parking. It is not the intent of
this district to encourage extensive strip commercial development, but rather to provide
concentrations of general commercial activities. It is also intended that all businesses shall be
conducted in permanent buildings that meet state and local building codes. All uses must comply
with the town’s noise ordinance. Business may not be conducted in temporary or portable
structures nor in manufactured homes or vehicles. All heating/air/ventilation units shall be
screened from public view. Existing units may be painted to blend with the roof or screening
constructed in such a manner as to block from public view. Existing units must conform within
1 year of the adoption of this chapter. The Zoning Code Enforcement Officer may issue a
temporary permit for outdoor sales and exhibits for groups, clubs, and civic organizations. The
permit shall define the purpose of the function and the duration of the permit.
(2)
Permitting process for outdoor music festivals where there will be a
gathering of more than 250 people and overnight camping.
(a)
Definitions. For the purpose of this division (A)(2), the following
definitions shall apply unless the context clearly indicates or requires a different meaning.
MUSICAL OR ENTERTAINMENT FESTIVAL. Any gathering
of groups or individuals on private property for the purpose of listening to, watching, or
participating in entertainment which consists primarily of musical renditions conducted in open
spaces not within an enclosed structure.
OVERNIGHT CAMPING. Where camp or sleep on the festival
premises or otherwise to remain on the premises between the hours of 11:00 p.m. and 8:00 a.m.
The term does not include festivals in which only festival personnel, security personnel, and the
like are permitted to remain on the premises.
(b)
Purpose. This division (A)(2) is enacted for the purpose of
providing necessary regulations for any gathering of groups or individuals on private property,
for an event at which more than 250 persons are expected to temporarily gather, for the purpose
of listening to, watching, or participating in entertainment which consists primarily of musical
renditions or entertainment conducted in open spaces where festival patrons camp or sleep on the
premises or otherwise to remain on the premises between the hours of 11:00 p.m. and 8:00 a.m.
(c)
Special music festival entertainment permit required. If a person,
firm, partnership, or corporation desires to conduct, promote, or manage an outdoor music
festival where festival patrons camp or sleep on the premises within the Maggie Valley town
limits or within the town’s ETJ area, he or she must obtain a special music festival entertainment
permit for such an event from the Town Manager or Town Planning Director.
250
(d)
Denial of permit. A permit may be denied if:
1.
The applicant fails to comply with any or all requirements
of this division (A)(2), or with any or all conditions imposed pursuant hereto, or with any other
applicable provision of state or local law; or
2.
The applicant has knowingly made a false, misleading, or
fraudulent statement in the application or in any supporting document.
(e)
Special music festival entertainment permit not required. A
musical or entertainment festival held at a publicly-owned park or a venue that is publicly owned.
A musical or entertainment festival that prohibits patrons from camping overnight or remaining
on the festival grounds between the hours of 11:00 p.m. and 8:00 a.m. does not require a special
entertainment permit. Applicant must submit a completed Town of Maggie Valley special event
permit along with the following plans and information needed to allow outdoor camping.
Applications must be submitted to the town at least 60 days before the schedule event.
1.
Landowner release. The applicant for a permit required
under this division (A)(2) must provide a statement in writing from the owner of the fee title in
and to the lands the applicant intends to use during the event certifying that permission to use the
land has been obtained for the proposed dates, location, and times of the event.
2.
Persons responsible. The applicant must provide a
statement listing his or her name, address(es), and the contact numbers where he or she can be
reached before, during, and for 30 days after the festival.
3.
Times, dates, location, and attendance. The applicant must
provide a statement of the proposed start and end times for the event, the exact location of the
event, the expected and maximum number of campers the applicant will permit or allow at the
festival. Camping is allowed only during the performance period. Camping will also be allowed
24 hours before and after the performance period to accommodate set up and take down time.
4.
Wastewater, portable restrooms, and handwashing
facilities. Plans showing either municipal sewer and permanent sanitary facilities are available at
the site, or a statement that the applicant will contract with a portable toilet service company.
The statement must provide that the minimum number of portable toilets required by Table PR 1
below will be provided on site, the date the facilities will be on the event site, and the service
frequency, assumed daily, or as often as needed to maintain and ensure sanitary conditions,
whichever is greater. Also, portable handwashing facilities will be required at a ratio of 1
handwashing facility per 10 portable toilets. Further, the applicant must provide a statement
provision has been made for holding tank(s) of the minimum required capacity for the collection
and the appropriate disposal of wastewater from travel RVs and travel trailers. Copies of
contracts with vendors hired to provide the services may be submitted instead of the statements
251
required by this division (A)(2)(e)4., providing that the contracts demonstrate that the facilities to
be provided meet the requirements outlined above.
Table PR 1: Number of Portable Restrooms Required for Special Events
Number of
People
Number of Hours
1
2
3
4
5
6
7
8
250
2
2
2
2
2
3
3
3
500
2
3
4
4
4
4
4
4
1,000
4
5
6
7
7
8
8
8
2,000
6
10
12
13
14
14
14
15
3,000
9
14
17
19
20
21
21
21
4,000
12
19
23
25
28
28
28
30
5,000
15
23
30
32
34
36
36
36
6,000
17
28
34
38
40
42
42
42
5.
Potable water supply. The applicant shall submit a
statement that free drinking water, from an approved source that meets County Health
Department Standards will be available to the public attending the event, at all times.
6.
Garbage and refuse collection and disposal. Applicants
must provide a statement that garbage and refuse will be disposed by dumpster and must provide
a series of satellite trash receptacles the throughout the site. The event site will be cleaned and
litter, refuse, and debris disposed of, within 24 hours of the conclusion of the event.
7.
Camping areas. Applicants must submit a statement
providing the estimated number of campers that will camp on the site during the event. No more
than 10 campers (tents, travel trailers, or RVs) allowed per acre. Applicants must provide a
statement that construction and/or operation of homemade toilet and shower facilities will be
prohibited as well as dumping of wastewater holding tanks in unapproved areas and that campers
will be notified of the prohibition, by posting a sign or otherwise.
8.
Scaled site plan. Applicants shall submit a site plan or
252
scaled rendering of the proposed event location, showing the location of the following areas and
facilities: drainage facilities, location of camping areas, location of food service vendors,
location of portable toilets, location of hand washing facilities, locations of potable and drinking
water supply stations, location of holding tanks for wastewater, locations of garbage and refuse
dumpsters, location command post, public entrances and exits, methods and/or areas of ingress
and egress through the site by law enforcement and other public service vehicles, stage, areas off
limits to attendees, fire lanes throughout the site, parking areas. This site plan needs to be
conspicuously posted throughout the event site.
(Ord. 479, passed 7-18-2006)
(B)
Permitted uses. All uses permitted in the R-3 Residential District, except mobile
home parks, mini rental storage units, travel trailer storage. Due to potential conflicts, such as
noise, traffic, and the like, residential uses in the C-1 District is discouraged, however, it may be
allowed as a special exception if approved by the Zoning Board of Adjustment based on elements
listed in § 154.172. One dwelling unit either located within the commercial building or in a
separate dwelling structure located on the same lot. Dwelling structures shall be a single-family
dwelling or Class A manufactured home. No single-wide mobile homes are permitted.
(1)
Appliance sales and services; no outside storage or display;
(2)
Auction companies (indoor); no outside storage or display;
(3)
Automobile parking lots and structures;
(4)
Automobile and recreational vehicle sales, rental, and consignment lots,
provided that:
(a)
No vehicle shall be parked as to impede the pedestrian or vehicular
traffic flow. Vehicles shall be setback at least 5 feet from the property line or the street
right-of-way line, whichever is greater;
(b)
All vehicles must display a valid North Carolina inspection sticker
(c)
No major repair shall be conducted on the premises;
(d)
There shall be no outside storage of parts;
where required;
(e)
There shall be no less than 200 square feet of display area per
vehicle parked on the lot for the purpose of sale; and
(f)
There shall be no vehicles sold other than automobiles,
motorcycles, light or heavy duty trucks, RVs, and boats.
253
(5)
Automobile washing establishments;
(6)
Bakeries;
(7)
Ranks and other financial institutions;
(8)
Barber and beauty shops;
(9)
Business colleges, beauty and barber colleges, art schools, music and
dance studios, and similar uses including vocational and trade schools;
(10)
Bicycle sales and repairs;
(11)
Building supplies and equipment sales, excluding open storage;
(12)
Bus terminals;
(13)
Cabinet or woodworking shops;
(14)
Civic organizations;
(15)
Cold storage or freezer lockers;
(16) Construction firms and building firms, provided that adequate equipment
storage area is provided (twice the land space per machine or vehicle). All equipment must be
screened from public view;
(17)
Dairy bars;
(18)
Dry cleaning and laundry pick-up stations;
(19)
Electrical repair shops, excluding open storage;
(20)
Fire and police stations;
(21)
Fabricating shops (woodworking, upholstery, and the like), excluding open
(22)
Florist shops and greenhouses;
(23)
Food stores;
(24)
Funeral homes;
(25)
Furriers and fur storage;
(26)
Farm machinery sales and repairs, provided that:
storage;
254
(a)
Only machinery for sale be parked outside;
(b)
No open storage of parts; and
(c)
No outside repairs.
(27)
Feed and seed stores, excluding outside storage;
(28)
Gasoline service stations, provided that:
(a)
No major repair work is performed (complete engine rebuilding,
removing bodies from cars, and the like);
(b)
All repairs are performed inside;
(c)
No junked vehicles, parts, or tires stored on lot;
(d)
No open storage of new or used parts;
(e)
Gasoline pumps shall be located at least 12 feet behind the
property line or street right-of-way line, whichever is greater;
(f)
All buildings shall be located at least 40 feet from any street
right-of-way line. All canopy overhangs shall be not less than 6 feet from the property line or the
street right-of-way line, whichever is greater; and
(g)
All storage or pumping tanks containing gasoline, diesel fuel,
kerosene, or similar combustible materials (except for screened propane tanks meeting N.F.P.A.
standards), shall be underground except those tanks of 1,000 gallons or less; provided that they
are screened from public view. Above-ground use of gasoline tanks may continue for a period of
one year from the date of installation of the tank. All buried tanks shall be installed and
maintained in compliance with all N.F.P.A. standards and safety codes.
(29)
specialty outlets;
Glass and mirror shops, venetian blind and awning shops, and similar
(30)
Hotels, motels and inns;
(31)
Hospitals, medical and dental clinics;
(32)
Ice plants and storage;
(33)
Jewelers;
(34)
Libraries, museums, and art galleries;
(35)
Launderettes;
255
(36)
Locksmiths and gunsmiths;
(37)
Newspaper offices;
(38) Manufactured home sales and service (if indoors), excluding open storage
of parts and accessories;
(39)
Office supplies, equipment sales and service;
(40)
Offices; business, professional, and public;
(41)
Opticians;
(42)
Parks and playgrounds;
(43)
Pawn shops;
(44)
Photographic studios;
(45)
Physical culture and reducing salons;
(46)
Public buildings;
(47)
Radio and TV stations and offices;
(48)
Restaurants;
(49) Retail establishments such as department, clothing, fabric, drug, notion,
gift, craft, art, antique, magazine, pet, and hobby shops, but not excluding similar retail shops;
(50)
Repairing and servicing household equipment, excluding open repair or
(51)
Shoe repair;
(52)
Sheet metal, plumbing, heating and refrigeration shops, but excluding
(53)
Sign painting and fabricating shops, excluding open storage;
(54)
Skating rinks;
(55)
Tailor, dressmaking, and millinery shops;
(56)
Taxicab stands;
(57)
Telegraph or messenger services;
storage;
open storage;
256
(58)
Theaters housed in a permanent indoor structure;
(59) Wholesale and warehousing establishments except for open storage and
the storage of dangerous and offensive materials;
(60) Public utility and distribution lines, water tanks, telephone exchanges,
excluding open storage;
(61)
Zoos and aquariums subject to wildlife and health department regulations;
and
(62) Uses not otherwise named herein upon the approval of the Zoning Board
of Adjustment provided that no use shall be permitted in this section which is likely to be
dangerous, offensive or detrimental to the health, safety, welfare, or general character of this
zoning district or the community be reason of dust, gas, smoke, noise, fumes, odors, vibration,
glare, or otherwise.
(C)
Special exceptions.
(1)
Automobile service and repair, provided that the applicant demonstrate to
the Zoning Board of Adjustment by written and oral presentations including necessary drawings
and plats how he or she will comply with following:
(a)
environmental regulations;
(b)
Must be in compliance with all federal, state, and local
Parking regulations must adhere to those set forth in § 154.091;
(c)
No more than 90% of the allowable parking spaces may be
occupied by vehicles repaired or awaiting repair. In no case shall a vehicle remain on the
premises for more than 30 days; and
(d)
No open storage of new or used parts including tires, sheet metal,
batteries, cans, boxes, and the like shall be allowed.
(2)
Travel trailer parks (RV parks) and campgrounds, camping cabins,
recreational vehicle campgrounds including time-share arrangements. No sites shall be sold
within the development unless it has been approved as a subdivision in accordance with the
town’s subdivision ordinance. No site may be constructed or rented until the Code Enforcement
Officer and Planning/Zoning Board of Adjustment has approved a preliminary plat that satisfies
the provisions of this chapter as set forth in division (C)(2)(d) below.
(a)
Site requirements.
1.
The premises shall be kept free of accumulations of refuse
and debris. Permanent and semi-permanent structures in any travel trailer/RV park shall be
257
located 25 feet apart. No permanent or semi-permanent structures shall be constructed or
attached on any rental site, except for camping cabins.
2.
Each site shall be a minimum of 25 feet in width. Sites
shall be clearly and uniformly irked and designated with the designation by the roadway.
Whenever the Haywood County Watershed Protection Ordinance requires a larger site size the
watershed requirements shall prevail. Doubling or allowing more than 1 tent, travel trailer, truck
coach, camper, or pop-up camper per site at the same time shall be prohibited.
3.
a.
The ratio of toilet, lavatory, urinals, and bathing
facilities for occupants of organized travel camps for private tents, nonself-contained travel
trailers, nonself-contained tent campers shall be as follows and shall be provided in a service
building or buildings located on the property.
Number of Sites
Toilets
Urinals
Lavatories
Bathing
Facilities
1-15
Men 2
Men 2
Men 2
Men 2
Women 2
Women 2
Men 3
Men 2
Women 3
Women 2
Men 4
Men 2
Women 4
Women 2
Men 4
Men 3
Women 4
Women 3
Men 5
Men 3
Women 5
Women 3
Men 5
Men 4
Women 5
Women 4
Women 2
16-30
Men 2
Men 2
Women 3
31-45
Men 3
Men 2
Women 3
46-60
Men 3
Men 3
Women 4
61-80
Men 4
Men 3
Women 5
81-100
Men 4
Men 3
Women 5
b.
More than 100 sites or spaces there shall be
258
provided 1 additional toilet and lavatory for each sex for each additional 30 sites and 1 additional
facility for each bathing facility for each sex for each additional 30 sites or spaces.
4.
All toilets, lavatories, and bathing facilities shall be
maintained in a state of good repair and shall be kept clean at all times. Toilets, bathhouses,
and/or service buildings should be located and distributed so that no habitable permanent and
semi-permanent structure, tent, camper or truck coach, travel trailer and tent camper will be more
than 300 feet from the facilities.
5.
All garbage and refuse shall be stored in durable,
water-tight, rust-resistant, rodent proof, fly-proof containers with tight properly fitting covers.
All containers and covers shall be maintained in a state of good repair and should be cleaned and
sanitized each time they are emptied. An adequate number of containers shall be provided and
each container should not be of more than 30 gallon capacity. Concrete or pressure treated wood
platforms, racks, or holders shall be of such design as to prevent tipping, minimize spillage, and
container deterioration and facilitate cleaning around them.
6.
All garbage and refuse shall be collected and disposed of as
often as necessary to prevent overflow of available containers and the creation of a nuisance.
7.
All electrical installation and wiring shall be maintained in
good repair and shall comply with all local and state codes and/or National Electrical Code. All
permanently connected extension cords of electrical wiring on the ground shall be prohibited.
8.
No dogs, cats, or other domestic animals shall be permitted
to run at large.
9.
Each travel trailer/RV park when in operation shall
maintain at least one competent attendant or caretaker whose duty shall be to maintain the
facilities and equipment in a clean, orderly, and sanitary condition and in a state of good repair.
10.
The driveways/roads shall be maintained in such a manner
as to be safe and passable at all times. All vehicle parking must be in designated parking area or
within the site. Parking in the road is prohibited.
11.
Travel trailer/ RV parks must comply with setbacks for the
district on all 4 sides. A stone or natural native vegetation buffer zone , or a combination thereof,
6 feet high shall be placed along any highway frontage and be maintained at a minimum of 6 feet
and a maximum of 12 feet in height. Exits and entrances (only 1 each) through the buffering may
each be 25 feet in width for a total not to exceed 50 feet.
(b)
Pre-application procedure. Every Travel trailer/RV park applicant
is required to meet with the Code Enforcement Officer or his or her designee in a pre-application
conference prior to the submittal of a travel trailer/RV park plat. The purpose of this conference
259
is to provide clarification and assistance in the preparation and submission of plats for approval.
(c)
Sketch plan. A sketch plan is requested but not required for staff
review for all proposed travel trailer/RV parks. The sketch plan may be presented to the Code
Enforcement Officer at the pre-application conference. The Code Enforcement Officer shall
discuss with the applicant any problems found from review of the sketch plan that would need to
be addressed prior to submittal of a travel trailer/RV park preliminary plat.
(d)
Preliminary plat.
1.
Generally. For all travel trailer/RV parks, the
owner/developer shall submit 4 copies of a preliminary plat containing all required information
to the Code Enforcement Officer. At the time of submission of the preliminary plat, the
owner/developer shall pay the fee as established by the town.
2.
Contents required. The preliminary plat shall be clearly
and legibly drawn at a scale of 100 feet to 1 inch or at another scale acceptable to the Code
Enforcement Officer. The preliminary plat shall be prepared by a registered land surveyor
currently licensed and registered in the State of North Carolina by the North Carolina Board of
Registration for Professional Engineers and Land Surveyors, and shall contain the following
information:
a.
Boundaries of tract shown with bearings, distances,
b.
Proposed streets;
c.
Location of storm drainage channels;
and closures;
d.
Easements shall be provided for all utilities. Access
to open or piped storm drainage channels shall be guaranteed to the town by granting an
easement no less than 20 feet wide (to be shown on plat);
e.
Proposed site lines, site and block numbers, and
f.
Proposed minimum building setback lines;
g.
Title, date, name, and location of travel trailer/RV
h.
Name of owner/developer, registered surveyor, and
dimensions;
park, north point, and graphic scale;
seal;
i.
No person shall initiate any land disturbing activity
which uncovers more than one contiguous acre within the proposed travel trailer/RV park
260
without having an erosion control plan approved by the Land Quality Section of the North
Carolina Department of Environment and Natural Resources. Written documentation of the
approval shall accompany the preliminary plat;
j.
Site data: acreage in total tract, total number of
sites, and smallest site size;
k.
Plans for public water and sewer utilities shall be
submitted with the preliminary plat. For water and sewer utilities, approval by the appropriate
utility shall be indicated on the plans.
l.
Designation of any identified flood hazard area;
m.
There shall be a 25-foot buffer zone adjacent to
Jonathan Creek and Campbell Creek, or any other Trout-fed stream, and a 20-foot buffer zone
adjacent to any tributary with year around flow as designated on U.S.G.S. maps. The buffer zone
shall be composed of grasses and similar vegetative materials and shall be measured from the top
of the creek bank. No permanent improvements shall be located in the buffer zone; and
n.
soil stabilization of any disturbed area.
A description of proposed means for reseeding and
3.
Town staff review procedure. The Code Enforcement
Officer shall review for compliance with this chapter and other ordinances of the town to assure
that adequate public utilities and services are available and public safety is met. The Code
Enforcement Officer shall meet with any agency or officials deemed necessary to adequately
review the plat and shall complete the review within 14 days after submittal. If all applicable
provisions of this and other town ordinances and regulations are met, the Code Enforcement
Officer shall submit the plat to the Planning Board. If all applicable provisions are not met, the
plat shall be returned to the applicant with deficiencies noted.
4.
Planning Board review procedure. First consideration of
the preliminary plat shall be at the next regularly scheduled meeting of the Planning Board that
follows at least 7 days after the Chairman or his or her designee has received notification of
submittal from the Code Enforcement Officer. The Planning Board shall take action within 35
days of receiving the preliminary plat. Before taking final action on the preliminary plat, the
Planning Board may refer copies of the plat and any accompanying material to those public
agencies concerned with new development, provided that the Planning Board may extend the
35-day review period if within the time period it has not received information it deems necessary
for a thorough review of the plat. Approval of the preliminary plat shall be valid for 1 year
unless a written extension is granted by the Planning Board on or before the 1-year anniversary of
the approval. If the final plat is not submitted for approval within the 1-year period or any period
of extension, then the approval of the preliminary plat shall be void.
261
(e)
Begin construction. Upon approval of the preliminary plat by the
Planning Board, the owner/developer may proceed with preparation of the final plat and the
installation of or arrangements for roads, utilities, and other improvements as specified in the
approved preliminary plat.
(f)
Final plat.
1.
Generally. No final plat for a travel trailer/RV park will be
considered unless it has been preceded by a preliminary plat approved by the Planning Board.
No final plat will be considered unless and until the owner/developer shall have installed in that
area represented on the final plat all improvements required by this chapter as specified in the
approved preliminary plat. The owner/developer shall submit 4 copies and 1 original of the final
plat to the Code Enforcement Officer.
2.
Contents required. The original of the final plat shall be at
a scale of 100 feet to 1 inch, or at another scale acceptable to the Code Enforcement Officer, and
shall conform substantially to the preliminary plat as approved. The plat shall conform to the
provisions of G.S. § 47-30, as amended. The final plat shall be prepared by a registered land
surveyor currently licensed and registered by the State of North Carolina by the North Carolina
Board of Registration for Professional Engineers and Land Surveyors, and shall show the
following information:
a.
Travel trailer/RV park name, north arrow, scale
denoted graphically and numerically, date of plat preparation, and township, county and state in
which the travel trailer/RV park is located; and the name(s) of the owner/developer(s) and the
registered surveyor (including the seal(s) and registration number(s));
b.
The exact boundary lines of the tract to be
subdivided fully dimensioned by lengths and bearings, and the location of intersecting boundary
lines of adjoining lands;
c.
The names and deed references (when possible) of
owners of adjoining properties;
d.
All visible and apparent rights-of-way,
watercourses, utilities, roadways, and other such improvements shall be accurately located where
crossing or forming any boundary line of the property shown;
e.
Sufficient engineering data to determine readily and
reproduce on the ground every straight or curved boundary line, street line, site line, right-of-way
line, easement line, and setback line, including dimensions, bearings, or deflection angles, radii,
central angles, and tangent distances for the centerline of curved streets and curved property lines
that are not the boundary of curved streets;
262
f.
monument markers and control points;
The accurate locations and descriptions of all
g.
The blocks numbered consecutively throughout the
entire travel trailer/RV park and the sites numbered consecutively throughout each block;
h.
Minimum building setback lines; and
i.
The location and width of all adjacent streets and
easements. The location and dimensions of all rights-of-way, utility, or other easements.
3.
Staff review and approval. Upon receipt of the final plat
the Code Enforcement Officer shall review it for compliance with this chapter and other
ordinances and regulations of the town. The plat shall be accompanied by written approval from
the appropriate agencies that all streets and water and sewer utilities have been installed in
accordance with all required specifications, unless a guarantee of such installations has been
arranged in accordance with § 151.41. Upon receipt of the written approvals, the Code
Enforcement Officer shall sign a “Certificate of Approval of the Installation and Construction of
Streets, Utilities, and Other Required Improvements.” The Code Enforcement Officer shall meet
with any person or agency deemed necessary for adequate review of the plat and shall complete
the review within 14 days after submittal. If all applicable requirements of this chapter are met
the Code Enforcement Officer shall approve the plat and submit it to the Planning Board. If all
applicable requirements of this chapter are not met, the Code Enforcement Officer shall
disapprove the plat and return it to the applicant with deficiencies noted.
4.
Planning Board Review. Upon approval by the Code
Enforcement Officer, the final plat shall be submitted to the Planning Board. First consideration
shall be at the next regularly scheduled meeting that follows at least 7 days after submission. The
Planning Board shall make a determination of approval or disapproval of the final plat at its first
consideration or at any regular or special meeting within 35 days of the plat’s first consideration.
The Board may extend the review period if it deems necessary in order to obtain additional
information necessary for a thorough review of the plat.
(g)
Surface water runoff.
1.
Any property owner/developer, individual, business, or
corporation grading lands or making improvements within the town limits of Maggie Valley,
North Carolina, will be required to submit information prepared by a registered engineer or a
registered land surveyor sufficient for the town to adequately review the existing and proposed
drainage for the project.
2.
This information must include a plat of the property
showing a metes and bounds survey, existing and proposed sub-surface drainage facilities,
estimated increased surface drainage following project completion and plans for transfer and
263
disposal of the additional drainage resulting from the development. No building permit will be
issued until this information has been submitted, analyzed and the town is confident that the
drainage will not result in damage to adjacent properties or violate North Carolina General
Statutes that prohibit illegal transfer of water from 1 drainage area onto another.
3.
The purpose of this chapter is to protect the property
owner/developers within the town limits from unplanned construction, inexperienced developers,
and others that are not aware of the shallow water table throughout the town and the increasing
difficulties in protecting property rights and our existing drainage facilities.
4.
This chapter does not relieve the applicant of his or her
responsibility to obtain additional permits as required under the Sedimentation Pollution Control
Act of 1973, G.S. Chapter 113A, Article 4.
(h)
Suitability of land. Where land to be platted is found by the
Planning Board to be subject to the conditions of flooding, improper drainage, severe erosion,
slides, or to have other characteristics which pose an ascertainable danger to health, safety, or
property, the subdivider shall take measures necessary to correct the conditions and to eliminate
the dangers.
(i)
Water and sewer systems.
1.
The preliminary travel trailer/RV park plat must be
accompanied by satisfactory evidence as to the proposed method and system of water supply and
sanitary sewage collection and disposal. Where feasible, connections shall be made to the water
system owned by the Maggie Valley Sanitary District and the sewer system owned by the Town
of Maggie Valley. The installation of all the systems except wells or septic tanks serving only 1
connection shall be required prior to final plat approval unless financially guaranteed according
to § 151.41. The systems may be owned and operated by a public or private entity.
2.
Any well or septic tank serving only 1 connection shall be
approved by the Haywood County Health Department. For all new systems or expansion of
existing systems serving 2 or more connections, approval shall be according to state statutes.
The preliminary plat shall be accompanied by written assurance from the developer that plans for
the new or expansion of existing systems have been approved by the appropriate state and/or
local agencies. If the developer wishes to install the new or expanded systems prior to final plat
approval, then submission of the final plat shall be accompanied by written approval of the
installation of the systems by the appropriate state and/or local agencies. Prior to final plat
approval, if the developer wishes to financially guarantee the installation of the systems, then
submission of the final plat shall be accompanied by written approval of plans for the systems
from the appropriate state and/or local agencies.
(j)
Sedimentation control. In order to prevent soil erosion and
264
sedimentation pollution of streams, springs, flat water bodies, or other drainage networks, and
when there are plans for a land disturbing activity of 1 acre or more, the owner/developer shall
show proof with the preliminary plat of an erosion and sedimentation control plan which has
been approved by the state agency having jurisdiction in accordance with the North Carolina
Administrative Code, Title 15, as adopted by the North Carolina Sedimentation Commission,
1-11-1978, as amended.
(k)
Building setback lines. Any required building setback lines and
building heights shall be in accordance with this chapter.
(l)
Violations. After the effective date of this chapter, any person
who, being the owner/developer or agent of the owner/developer of any land located within the
territorial jurisdiction of this chapter, thereafter subdivides his or her land in violation of this
chapter or transfers or sells land by reference to, exhibition of, or any other use of a plat showing
a travel trailer/RV park of the land before the plat has been properly approved under the terms of
this chapter shall be guilty of a misdemeanor. The description by metes and bounds in the
instrument of transfer or other document used in the process of selling or transferring land shall
not exempt the transaction from this penalty. The town may bring an action for injunction of any
illegal travel trailer/RV park, transfer, conveyance, or sale of land, and the court shall, upon
appropriate findings, issue an injunction and order requiring the offending party to comply with
the travel trailer/RV park ordinance.
(3)
(a)
Existing travel trailer/RV parks that were in existence at the time
of the ordinance, 10- -1998, will be considered conforming uses and will be allowed to expand
within their boundaries as their boundaries existed on that date.
(b)
Provided, however, that the expansion is limited to a maximum of
15% of the entire park as it existed on the date of the ordinance.
(c)
Provided, further, that all newly expanded sites shall comply with
division (C)(2)(a) above and be permitted by the Town of Maggie Valley’s Planning/Zoning
Board of Adjustment.
(d)
If any existing travel trailer/RV park wishes to expand further than
the “15%” rule, they may do so up to a maximum of 25% of the entire park with
Planning/Zoning Board of Adjustment approval, and so by having the entire travel trailer/ RV
park comply with divisions (C)(2)(a) through (C)(2)(l) above.
(e)
Existing travel trailer/RV parks shall expand only once unless
given approval for further expansion by the Planning/Zoning Board of Adjustment.
(4)
Setbacks may be reduced on a case by case basis in accordance with the
provisions of § 154.172. The Zoning Board of Adjustment shall act upon the written request and
justification of the applicant. A request submitted at least 10 days prior to a regularly scheduled
265
meeting shall be acted upon at that meeting;
(5)
Flea markets, produce stands, provided that:
(a)
They be totally enclosed structures (a garage or sliding doors to
“open” the area to the outside will be allowed);
(b)
All buildings will be permanent and meet all building related
(c)
Public restrooms will be provided;
codes;
(d)
At least 2 off-street parking spaces (9 feet by 18 feet, plus
necessary access space) shall be provided per individual display area or booth;
(e)
Prior to being granted a special exception, the owner of the facility
shall provide a plan(s) showing the lot and dimensions, the building and dimensions, and the
number of parking spaces. Also, a sketch representing the building’s front appearance is
required; and
(f)
Any other information deemed appropriate by the Board of
Adjustment.
(6)
Package stores;
(7)
Convenience stores;
(8)
Animal hospitals and veterinarians;
(9)
Adult establishments, provided that the establishment meets the
requirements set forth in Chapter 112;
(10)
Planned unit developments; and
(11) Special events, notwithstanding the provisions of this chapter, the Town of
Maggie Valley by special permit may exempt special events for the provisions of this chapter,
provided that:
(a)
The sponsoring agency must be a state or nationally recognized
civic, charitable, fraternal, governmental organization, or demonstrates to the Board of Aldermen
the direct benefits to the community. Commercial, for-profit, or similar activities may not
receive exemptions;
(b)
The sponsoring agency shall submit a written application to the
Board of Aldermen at least 120 days prior to the event in a form as proscribed by the town; and
(c)
The Board of Aldermen shall upon granting an exception transmit
266
the approval to the sponsoring organization stating any conditions, terms, requests, or dates.
BY DISTRICT / § 154.040 COMMERCIAL 2 DISTRICT; NEIGHBORHOOD
BUSINESS (NB).
§ 154.040 COMMERCIAL 2 DISTRICT; NEIGHBORHOOD BUSINESS (NB).
(A)
Intent. The regulations of this district are intended to provide for the retailing of
goods and services to the nearby residential neighborhoods in such a way as to protect abutting
areas from blighting influences. All heating/air/ventilation units shall be screened from public
view. Existing units may be painted to blend with the roof or screening constructed in such a
manner as to block from public view. Existing units must conform within 1 year of the adoption
of this chapter.
(B)
Permitted uses.
(1)
All uses permitted in the R-3 Residential District;
(2)
Appliance sales and services;
(4)
Bakeries;
(5)
Banks and other financial institutions;
(6)
Barber and beauty shops;
(7)
Bicycle sales and repair;
(8)
Civic organizations;
(9)
Dairy bars;
(10)
Electrical repair shops, excluding open storage;
(11)
Fire and police stations;
(12)
Florist shops, excluding commercial greenhouses;
(13)
Funeral homes;
(14)
Furriers and fur storage;
267
(15)
specialty outlets;
Glass and mirror shops, Venetian blind and awning shops, and similar
(16)
Jewelers;
(17)
Libraries, museums and art galleries;
(18)
Office supplies, equipment sales and services;
(19)
Offices; business, professional, and public;
(20)
Opticians;
(21)
Parks and playgrounds;
(22)
Photographic studios;
(23)
Physical fitness and weight-reducing establishments;
(24)
Restaurants, excluding restaurants with drive-thru service;
(25) Retail establishments such as department, clothing, fabric, drug, notion,
gift, craft, antique, magazine, and hobby shops, but not excluding similar retail shops;
(26)
Repairing and servicing household equipment, excluding open repair or
(27)
Shoe repair;
(28)
Tailor, dressmaking, and millinery shops;
(29)
Travel trailer parks (RV parks); see § 154.039(C)(2); and
storage;
(30) Travel trailer storage (RV storage) provided that: have a 6-feet high buffer
on all 4 sides to block the stored travel trailers/RV from public view.
(C)
exceptions.
Special exceptions. All uses in R-3 High Density Residential District special
BY DISTRICT / § 154.041 FLOODWAY DISTRICT.
§ 154.041 FLOODWAY DISTRICT.
268
It is intended that all structures and uses of structures and land located in this district as
defined in the Maggie Valley Flood Hazard Boundary Map shall be subject to all regulations
contained in Chapter 152, as from time to time may be amended.
(Ord. 265, Ch. 1, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE / AREA, YARD,
HEIGHT, AND SEWER REQUIREMENTS
AREA, YARD, HEIGHT, AND SEWER REQUIREMENTS
HEIGHT, AND SEWER REQUIREMENTS / § 154.055 STANDARDS.
§ 154.055 STANDARDS.
(A)
The following standards governing lot areas and building setbacks shall apply in
the zoning districts established in this chapter.
Districts
Minimum Lot
Area
Lot Area per
Dwelling Unit
Minimum
Lot Width
Setback
(Front, Side, Rear)
Residential 1
14,000 square
feet
–
75 feet
25 feet, 10 feet, 10 feet
Residential 2
11,000 square
feet
11,000 square feet;
3,000 square feet
per each additional
unit
60 feet
Residential 3
7,000 square
feet
7,000 square feet;
3,000 square feet
per each additional
unit
60 feet
Neighborhood
Business (C2)
7,000 square
feet
7,000 square feet;
for residential uses,
R-3 provisions shall
apply
60 feet
269
Districts
Minimum Lot
Area
Lot Area per
Dwelling Unit
Minimum
Lot Width
Setback
(Front, Side, Rear)
General Business
(C1)
–
For residential uses,
R-3 provisions shall
apply
75 feet
(B)
All setbacks are from road rights-of-way or property line which ever is greater.
(C)
No portion of any building shall exceed the height of 45 feet as measured from the
ground to the highest point on the roof.
(D)
No building may exceed 3 stories.
(E)
No structure or parking shall be allowed in the green space. Principal use signs
and city sidewalks are allowed. Front yard setbacks in C1 shall remain a green space.
(F)
There shall be a 25-feet buffer zone adjacent to Jonathan Creek, Campbell Creek,
and any tributary with year around flow. The buffer strip shall be composed of grasses and
similar vegetative materials and shall be measured from the top of the creek bank, meaning the
ordinary high water level for a creek and the break in slope for a watercourse surrounding
topography which will be determined by the Planning Director.
(Am. Ord. 428, passed 12-6-2005)
(G)
The minimum lot area for lots not served by public water and/or sewer systems as
defined in this chapter shall be approved by the Haywood County Health Department. In no
case, however, shall minimum lot areas be less than those specified in this subchapter.
HEIGHT, AND SEWER REQUIREMENTS / § 154.056 HANDLING OF SEWAGE.
§ 154.056 HANDLING OF SEWAGE.
(A)
Privies, outhouses, and other similar sewage handling facilities are prohibited.
Approved “porta johns” or similar facilities will be allowed by permit for special events and
construction sites for as long as permit is valid.
(B)
All structures designed or used for habitation shall have approved individual or
270
public water and sewer systems installed.
(C)
All commercial structures shall have restroom facilities. Public restrooms may be
required in a PUD.
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE / APPLICATION OF
REGULATIONS
APPLICATION OF REGULATIONS
REGULATIONS / § 154.070 USE.
§ 154.070 USE.
No building or land shall hereafter be used or occupied and no building or structure or
part thereof shall be erected, moved or structurally altered except in conformity with the
regulations of this chapter, or amendments thereto, for the district in which it is located. Any
nonconforming use which is destroyed to an extent of less than 75% of its appraised FMV may
be rebuilt to its original condition immediately before the casualty.
REGULATIONS / § 154.071 HEIGHT AND DENSITY.
§ 154.071 HEIGHT AND DENSITY.
No building shall hereafter be erected or altered so as to exceed the height of 45 feet. No
building shall exceed 3 stories. In addition, no buildings shall exceed the density regulations of
this chapter for the district in which it is located.
271
REGULATIONS / § 154.072 LOT SIZE.
§ 154.072 LOT SIZE.
No lot, even though it may consist of 1 or more adjacent lots of record, shall be reduced
in size so that the lot width or depth, front, side, or rear yards, lot area per family or other
requirements of this chapter are not maintained. This prohibition shall not be construed to
prevent the condemnation of narrow strips of land for public utilities or street right-of-way
purposes.
REGULATIONS / § 154.073 YARD USE LIMITATIONS.
§ 154.073 YARD USE LIMITATIONS.
No part of a yard or other open space required about any building for the purpose of
complying with the provisions of this chapter shall be included as a part of a yard or other open
space simile required for another building.
REGULATIONS / § 154.074 ONLY ONE PRINCIPAL BUILDING ON ANY LOT.
§ 154.074 ONLY ONE PRINCIPAL BUILDING ON ANY LOT.
Only 1 principal building and its customary accessory buildings may hereafter be erected
on any lot, except as authorized by § 154.110, nor shall any building be erected on any lot which
does not abut at least 25 feet on a publicly- or privately-dedicated or maintained street.
REGULATIONS / § 154.075 YARD SALES.
272
§ 154.075 YARD SALES.
Yard or garage sales will be allowed in any zoning district. The sales shall be limited to
the owner or lessee of the property on which the sales occur. However nonprofit organizations
may conduct the sales on any property with the consent of the owner. Sales shall be limited to 1
per month per property. Sales shall be limited to no more than 10 hours per day and may not be
held for more than 2 consecutive days. Temporary signs of no more than 4 square feet will be
permitted on the property on which the sale is being conducted. The signs must be removed
when sales are over.
REGULATIONS / § 154.076 VEHICLE SALES.
§ 154.076 VEHICLE SALES.
Two or more vehicles, boats, campers, and the like displayed for sale shall be considered
a sales lot and therefore a dealer’s license and the appropriate business licenses with the state and
the town would be required. If a single vehicle is for sale, the vehicles must be titled to the
owner of the property or the lessee. In no case shall more than 4 vehicles be sold within a
calendar year.
REGULATIONS
GENERAL REGULATIONS
REGULATIONS / § 154.090 NONCONFORMING USE.
§ 154.090 NONCONFORMING USE.
273
It is the intent of this section to discourage the survival of nonconforming uses and to
prohibit their enlargement, expansion, or extension. Any building, structure, or use of land
existing at the time of the enactment of this chapter or any amendment thereto may be continued
subject to the following provision. They shall not be rebuilt, altered, or repaired after damage
exceeding 75% of its fair market value immediately prior to damage with the exception of being
rebuilt within the boundaries of the existing footprints.
REGULATIONS / § 154.091 OFF-STREET AUTOMOBILE PARKING AND STORAGE.
§ 154.091 OFF-STREET AUTOMOBILE PARKING AND STORAGE.
(A)
Generally. Off-street automobile parking or storage space shall be provided on
every lot on which any of the following uses are hereafter established in all districts, or provided
that no parking space can be reasonably provided on the same lot, the space shall be provided on
any lot a substantial portion of which is within 300 feet of the uses. The required parking space
for any number of separate uses may be combined in 1 lot but the required space assigned to 1
use may not be assigned to another use at the same time, except that 1/2 of the parking space
required for churches, theaters, or assembly halls whose peak attendance will be at night or on
Sundays may be assigned to a use which will be closed at nights or on Sundays. Each
automobile parking space shall be not less than 9 feet by 18 feet 162 square feet in area exclusive
of adequate access drives and maneuvering space, so that no vehicle is required to back into the
street, except from single-family dwellings. The space shall be provided with vehicular access to
a street or alley; the use shall be equal in number to at least the minimum requirements for the
specific use set forth in division (B) below.
(B)
Use classification parking space requirement.
(1)
Automobile sales and repair - 1 space for each 2 employees at maximum
employment on a single shift, plus 2 spaces for each 300 square feet of repair or maintenance
space;
(2)
Bowling alleys - 2 spaces for each alley, plus 1 additional space for each 2
(3)
Churches - 1 space for each 5 seats;
employees;
(4)
Elementary schools and junior high schools, both public and private - 1
space for each classroom and administrative office;
274
(5)
Filling stations - 2 spaces for each gas pump plus 3 spaces for each grease
rack or similar facility and 1 space per each employee;
(6)
Hospitals - 1 space for each 4 patient beds, plus 1 space for each staff or
visiting doctor, plus 1 space for each 4 employees;
(7)
Mortuary or funeral homes - 1 space for each 4 seats in the assembly room
or chapel;
(8)
Motel, hotels, tourist homes, or tourist courts - 1 space for each
accommodation, plus 2 additional spaces for employees;
(9)
Offices, professional, business or public, including banks - 1 space for
each 200 square feet of gross floor space and 1 space per each employee;
(10) Medical offices and clinics - 4 spaces for each doctor practicing at the
clinic, plus 1 space for each employee;
(11) Places of public assembly, including private clubs and lodges,
auditoriums, dance halls, pool rooms, theaters, stadiums, gymnasiums, amusement parks,
community centers, and all similar places of public assembly - 1 space for each 4 seats provided
for patron use, plus 1 space for each 100 square feet of floor or ground area used for amusement
or assembly, but not containing fixed seats and 1 space per each employee on the maximum shift;
(12) Rooming and boarding houses - 1 space for each 3 guest rooms, plus 1
additional space for the owners, if resident on the premises;
(13)
Residential dwellings - 2 spaces for each dwelling unit;
(14) Retail business - 1 space for each 200 square feet of gross floor area and 1
space per each employee on the maximum shift;
(15)
Sanitariums, rest and convalescent homes, homes for the aged, and similar
institutions.
1 space for each 6 patient beds, plus 1 space for each staff or visiting doctor, plus 1 space for
each 4 employees;
(16) Senior high schools and colleges, both public and private - 1 space for
each 10 students for which the school was designed, plus 1 space for each classroom and
administrative office;
(17)
Manufactured home parks - 2 spaces for each manufactured home;
(18) Wholesaling and industrial uses - 1 space for each 2 employees at
maximum employment on a single shift, plus 1 space for each company vehicle operating on the
275
premises; and
(19) Restaurant - 1 space for each 4 seats and 1 space for each employee at
peak hours of business.
(C)
Curb stops. Parking spaces abutting property lines shall have curb stops between
the parking lanes and the property line.
(D)
Off-street parking lot design requirements. To foster community appearance,
provide orderly, safe, and systematic circulation with parking areas, the following regulations are
established.
(E)
Minimum parking aisle and width dimension. Minimum parking aisle and width
dimension shall be shown as follows:
Stall Depth to
Parking
Angle
Wall
Curb
Interlock
Stall Width
Aisle Width
30 deg
15.5
14.5
12.5
9.0
12.0
45 deg
18.01
6.5
16.0
9.0
13.0
60 deg
19.0
17.5
18.0
9.0
18.0
70 deg
19.5
17.5
18.0
9.0
24.0
90 deg
18.0
16.0
18.5
9.0
24.0
(1)
Stall depths are measured perpendicular to the center line of the parking
aisle.
(2)
All parking lots shall be finished with asphalt, concrete, or gravel, and the
aisles shall be arranged so as to channel traffic and minimize vehicular/pedestrian conflicts.
(3)
All fixed objects within parking lots (utility poles, signs, fire hydrants, and
the like) shall be located within islands to which access by vehicles is physically limited. These
islands shall be appropriately landscaped in accordance with §§ 154.130 et seq.
(4)
Signs, signals, and markings shall be in conformance with Standards for
North Carolina Uniform Traffic Control Devices. Where needed size reduction on devices shall
276
be approved, however, shape and color shall meet requirements of the manual.
(5)
Parking aisles and interior dividers shall be terminated with terminal
islands not less than 5 feet in width constructed with raised curbs and they shall be landscaped
with appropriate cover.
(6)
Landscaping shall be required as established in § 154.130.
REGULATIONS / § 154.092 OFF-STREET LOADING AND UNLOADING SPACE.
§ 154.092 OFF-STREET LOADING AND UNLOADING SPACE.
(A)
Generally. Every building or structure used for business, trade, or industry
hereafter erected, shall provide space as indicated herein for the loading and unloading of
vehicles off the street or public alley. The space shall have access to an alley or, if there is no
alley, to a street. For the purpose of this section, an off-street loading space shall have minimum
dimensions of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or
street grade.
(B)
Wholesale and industry. One space for each 10,000 square feet of floor space.
REGULATIONS / § 154.093 STORAGE.
§ 154.093 STORAGE.
(A)
Generally. Where storage is permitted, businesses within the Commercial District
1 (General Business) and Commercial District 2 (Neighborhood Business) may store materials,
supplies, and repair parts that new and used), however, the storage shall be accomplished in such
a manner as to screen the stored items from the public view.
(B)
Junk. Disassembled, abandoned, or junked vehicles and equipment may not be
openly stored on a lot. However, those items may be stored if screened from public view.
277
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE / EXCEPTIONS AND
MODIFICATIONS
EXCEPTIONS AND MODIFICATIONS
MODIFICATIONS / § 154.105 LOT OF RECORD.
§ 154.105 LOT OF RECORD.
Where the owner of a lot of official record in any district at the time of the adoption of
this chapter or amendment thereto or his or her successor in title thereto does not own sufficient
contiguous land to enable him or her to conform to the minimum lot size requirements of this
chapter, the lot may be used as a building site provided that the lot requirements are not reduced
greater than the minimum specified in this chapter by more than 20%. If, however, the owner of
2 or more adjoining lots, with insufficient land dimensions, decides to build on or sell off these
lots, he or she must first combine the lots to comply with the dimensional requirements of this
chapter. Any lot requiring dimensional waivers below the 20% minimum set forth in this section
may be approved as a variance by the Zoning Board of Adjustment provided that further
decreased dimensional requirements shall conform as closely as possible to the required
dimensions.
(Ord. 265, Ch. 1, passed 9-18-2001)
MODIFICATIONS / § 154.106 FRONT YARD SETBACKS FOR DWELLINGS.
§ 154.106 FRONT YARD SETBACKS FOR DWELLINGS.
The front yard setback requirements of this chapter for dwellings shall not apply to any
lot where the average setback of existing buildings located wholly or partially within 100 feet on
either side of the proposed dwelling, and on the same side of the same block and use district, and
fronting on the same street as the lot, is less than the minimum required front yard depth. In the
case the setback on the lots may be less than the required setback, but not less than the average of
the existing setbacks on the aforementioned lots, or a distance of 10 feet from the street
right-of-way line, whichever is greater.
278
(Ord. 265, Ch. 1, passed 9-18-2001)
MODIFICATIONS / § 154.107 HEIGHT LIMITATIONS.
§ 154.107 HEIGHT LIMITATIONS.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas
and domes not intended for human occupancy, water towers, chimneys, and flag poles.
(Ord. 265, Ch. 1, passed 9-18-2001)
MODIFICATIONS / § 154.108 VISIBILITY AT INTERSECTIONS.
§ 154.108 VISIBILITY AT INTERSECTIONS.
On a corner lot in any residential district, no planting, structure, sign, fence, wall, or
obstruction to vision more than 3 feet in height measured from the center line of the street shall
be placed or maintained within the triangular area formed by the intersecting street right-of-way
lines and a straight line connecting points on the street right-of-way lines each of which is 35 feet
distant from the point of intersection.
MODIFICATIONS / § 154.109 PROJECTIONS INTO REQUIRED OPEN SPACE.
§ 154.109 PROJECTIONS INTO REQUIRED OPEN SPACE.
Every part of a required yard or court shall be open from its lowest point to the sky
unobstructed, except for:
(A)
The ordinary projection of sills, belt courses, cornices, buttresses, ornamental
features, and eaves; provided, however, that none of the above projections shall project into a
minimum side yard more than 24 inches; and
279
(B)
Open or enclosed fire escapes, fireproof outside stairways and balconies
projecting into a minimum yard or court not more than 50% of the required side yard and the
ordinary projections of chimneys and flues may be permitted by the Building Inspector where
same are so placed as not to obstruct the light and ventilation.
MODIFICATIONS / § 154.110 PLANNED UNIT DEVELOPMENTS.
§ 154.110 PLANNED UNIT DEVELOPMENTS.
(A)
Purpose. The purpose of this section is to afford substantial advantages for
greater flexibility and improved marketability through the benefits of efficiency which permit
flexibility in building siting, mixtures of housing types and land use. Residential densities are
calculated on a project basis, thus allowing the clustering of buildings in order to create useful
open spaces and preserve natural site features.
(B)
Planned unit development defined. Where more than 1 principal building or use
is proposed to be constructed on a single lot, or any building with a gross floor area of 5,000
square feet or more, or any multi-family residential complex of 5 or more units, shall be deemed
a planned unit development (PUD). Residential units within a planned unit development may
include single-family detached or attached units, townhouse developments, garden apartments,
patio homes, and other type residential units including mobile homes and mobile home parks.
(C)
Land development standards. The following land development standards shall
apply for all planned unit developments. Planned unit developments may be located in all
districts as a special exception, subject to a finding by the Board of Adjustment that certain
conditions be met.
(1)
Ownership control. The land in a planned unit development shall be under
single ownership or management by the applicant before final approval and/or construction, or
property assurances (legal title or execution of a binding sales agreement) shall be provided that
the development can be successfully completed by the applicant.
(2)
Density requirements. There are no density requirements for
nonresidential uses as long as the proposed project does not violate the intent of the district in
which it is located. The proposed residential density of the planned unit development (land area
per dwelling unit as shown in §§ 154.055 et seq. shall conform to that permitted in the district in
which the development is located. If the planned unit development lies in more than 1 district,
the number of allowable dwelling units must be separately calculated for each portion of the
280
planned (unit) development that is in a separate district, and must then be combined to determine
the number of dwelling units allowable in the entire planned unit development.
(3)
Frontage requirements. Planned unit developments shall have access to a
highway or road suitable for the scale and density of development being proposed.
(4)
Land uses. A mixture of land uses may be allowed in any planned unit
development. However, within residential districts, nonresidential uses shall be primarily for the
use of the PUD residents and shall not constitute the primary use in the planned unit
development, and nonresidential uses shall be carefully designed to compliment the residential
uses within the planned unit development. All planned unit developments must be compatible
with and not violate the intent of the zoning district.
(5)
Minimum requirements.
(a)
The normal minimum lot size, setbacks, and frontage requirements
are hereby waived for the planned unit development, provided that the spirit and intent of this
section are complied with in the total development plan, as determined by the Board of
Adjustment. The Board of Adjustment shall exercise ultimate discretion as to whether the total
development plan does comply with the spirit and intent of this section.
(b)
No building or structure shall exceed the height limitations of the
district in which it is located.
(c)
The minimum distance between buildings shall be 20 feet or as
otherwise specified by the Board of Adjustment to ensure adequate air, light, privacy, and space
for emergency vehicles.
(d)
Every dwelling unit shall have access to a public or private street,
walkway, or other area dedicated to common use, and there shall be provision for adequate
vehicular circulation to all development properties, in order to ensure acceptable levels of access
for emergency vehicles.
(6)
Privacy. Each development shall provide reasonable visual and acoustical
privacy for all dwelling units. Fences, insulation, walks, barriers, and landscaping shall be used,
as appropriate, for the protection and aesthetic enhancement of property and the privacy of its
occupants, screening of objectionable views of uses, and reduction of noise. Multi-level
buildings shall be located within a planned unit development in such a way as to dissipate any
adverse impact on adjoining low-rise buildings and shall not invade the privacy of the occupants
of the low-rise buildings.
(7)
Perimeter requirements.
(a)
Structures located on the perimeter of the development must be set
281
back from property lines and rights-of-way of abutting streets in accordance with the provisions
of this chapter controlling the district within which the property is situated.
(b)
Structures other than single-family detached units, located on the
perimeter of the development may require screening in a manner which is approved by the Board
of Adjustment.
(8)
Water and sewer systems proposed. Plans and accompanying
documentation to ensure that the water and sewer systems proposed for the planned unit
development have been approved by the appropriate local and state agencies and submitted as
part of the application.
(9)
Copy. At least 1 week prior to the date when the Board of Adjustment is
scheduled to consider the development, the developer shall submit a copy of the development
plan to the Code Enforcement Officer. The development plan shall contain, where applicable,
the following information:
(a)
Existing site conditions, including contours, watercourses,
identified flood hazard areas, any unique natural or human-made features;
(b)
Boundary lines of the proposed development, proposed lot lines,
(c)
Proposed location and use of all existing and proposed structures;
and plot designs;
(d)
Location and size of all areas to be conveyed, dedicated, or
reserved as common open space, parks, recreational areas, school sites, and similar public and
semi-public uses;
(e)
The existing and proposed street system, including location and
number of off-street parking spaces, service areas, loading areas, and major points of access to
public right-of-way. When more than 1 use is located in the planned unit development, the
minimum required parking shall be the sum of the required parking for each use within the
development. Notations of proposed ownership of the street system (public or private).
Documentation from the Maggie Valley Volunteer Fire Department of the adequacy of the
development’s facilities for emergency medical and fire services;
(f)
Documentation of an approved Sedimentation and Erosion Control
Plan shall be submitted where required;
(g)
Location and/or notation of existing and proposed easements and
(h)
The proposed treatment of the perimeter of the development,
rights-of-way;
282
including materials and/or techniques such as screens, fences, and walls;
(i)
Information on adjacent land areas, including land use, zoning
classifications, public facilities, and any unique natural features; and
(j)
Where applicable, the following written documentation shall be
submitted:
1.
A legal description of the total site proposed for
development, including a statement of present and proposed ownership;
2.
A development schedule indicating approximate beginning
and completion dates of the development, including any proposed stages;
3.
A statement of the applicant’s intentions with regard to the
future selling and/or leasing of all or portions of the development;
4.
Quantitative data for the following: proposed total number
and type of residential dwelling units; parcel size; gross residential densities; and total amount of
open space;
5.
Plan for maintenance of common areas, recreation areas,
open spaces, streets, and utilities; and
6.
Any additional information required by the Board of
Adjustment in order to evaluate the impact of the proposed development. The Code
Enforcement Officer or the Board of Adjustment may waive a particular requirement if in its
opinion the inclusion is not essential to a proper decision of the project.
(10) Pedestrian and bicycle path. Any pedestrian and bicycle path circulation
system and its related walkways shall be designed to minimize conflicts between vehicle and
pedestrian traffic.
(11) Layout. Layout of parking areas, service areas, entrances, exits, yards,
courts and landscaping, and control of signs, lighting, noise, or other potentially adverse
influences shall be such as to protect the residential character within the PUD district and
desirable character in any adjoining district.
(12) Open space. Conveyance and maintenance of open space, recreational
areas and communally-owned facilities shall be in accordance with the Unit Ownership Act (G.S.
Chapter 47A) and/or any other appropriate mechanisms acceptable to the Board of Adjustment.
283
MODIFICATIONS / § 154.111 FLOODWAY FRINGE AREAS.
§ 154.111 FLOODWAY FRINGE AREAS.
Areas lying outside the Floodway District, but within the area covered by the Regional
Flood, shall be subject to the regulations contained in Chapter 152.
(Ord. 265, Ch. 1, passed 9-18-2001)
MODIFICATIONS / § 154.112 SURFACE WATER RUNOFF.
§ 154.112 SURFACE WATER RUNOFF.
(A)
All commercial lots are subject to the surface water runoff requirements. All
other lots may be required by special permit where deemed necessary by the Code Enforcement
Officer.
(B)
Any property owner, individual, business, or corporation grading lands or making
improvements within the town limits of Maggie Valley, North Carolina, will be required to
submit information prepared by a registered engineer (P.E.) or a registered land surveyor (RLS)
sufficient for the town to adequately review the existing and proposed drainage for the project.
(C)
This information must include a plat of the property showing a metes and bounds
survey, existing and proposed sub-surface drainage facilities, estimated increased surface
drainage following project completion and plans for transfer and disposal of the additional
drainage resulting from the development. No building permit will be issued until this
information has been submitted, analyzed and the town is confident that the drainage will not
result in damage to adjacent properties or violate the North Carolina General Statutes that
prohibit illegal transfer of water from 1 drainage area onto another.
(D)
The purpose of this chapter is to protect the property owners within the town
limits from unplanned construction, inexperienced developers, and other that are not aware of the
shallow water table throughout the town and the increasing difficulties in protecting property
rights and our existing drainage facilities.
(E)
Developers and property owners shall control surface water runoff to prevent
water from flowing across sidewalks or into traffic thoroughfares.
(F)
This chapter does not relieve the applicant of his or her responsibility to obtain
284
additional permits as required under the Sedimentation Pollution Control Act of 1973, G.S.
Chapter 113A, Article 4.
MODIFICATIONS / § 154.113 RECREATIONAL VEHICLES.
§ 154.113 RECREATIONAL VEHICLES.
Recreational vehicles may be stored or used on business or residential lots, provided that:
(A)
No more than 2 recreational vehicles are stored or used on any one lot other than
at a campground;
(B)
Recreational vehicles may be used on a temporary basis but not to exceed 1 month
unless in a RV park; and
(C)
Recreational vehicles shall not be used as a single-family residence.
MODIFICATIONS / § 154.114 STREET RIGHT-OF-WAY.
§ 154.114 STREET RIGHT-OF-WAY.
Street and highway rights-of-way shall not be determined as a part of a lot or any required
yard or open space or setbacks.
(Ord. 265, Ch. 1, passed 9-18-2001)
MODIFICATIONS / § 154.115 SIDE YARD SETBACK FOR DWELLINGS.
§ 154.115 SIDE YARD SETBACK FOR DWELLINGS.
Where a side yard abuts a street, the setback requirements for the side yard shall be the
285
same as the front yard setback requirements for abutting property on the side streets.
(Ord. 265, Ch. 1, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE / LANDSCAPING
REQUIREMENTS
LANDSCAPING REQUIREMENTS
REQUIREMENTS / § 154.130 INTENT AND PURPOSES.
§ 154.130 INTENT AND PURPOSES.
(A)
The Town of Maggie Valley finds that Maggie Valley is blessed with a diverse
and abundant cover of trees and vegetation, which is of general aesthetic value to the town; that
the ecological diversity and richness of the town make it a desirable place for residents, owners
and visitors alike; that the appearance of Maggie Valley from the public ways contributes to the
growth and economic prosperity of the town; and that the growth and development attracted to
the Town of Maggie Valley because of its natural beauty often require the removal of trees and
other plant material, thereby contributing to the depletion of a valuable natural resource. The
Town of Maggie Valley is designated as a bird sanctuary. Therefore, it is necessary to protect,
preserve, and restore this valuable asset.
(B)
follows:
The Town Board declares the purposes and intent of this subchapter to be as
(1)
To promote ecological balance by contributing to air purification, oxygen
regeneration, ground water recharge, storm water runoff retardation, and noise, glare and heat
abatement;
(2)
To encourage the preservation of existing trees and vegetation;
(3)
To provide adequate light and air and prevent overcrowding of land;
(4)
To provide visual buffering and enhance the beautification of the town;
(5)
private investment;
(6)
To safeguard and enhance property values and to protect public and
To preserve, protect and restore the unique identity and environment of the
286
Town of Maggie Valley and preserve the economic base attracted to the Town of Maggie Valley
by the factors;
(7)
To conserve energy, and to protect the public health, safety, and general
welfare; and
(8)
To provide habitat for living things that might not otherwise be found in
urban and suburban environs.
(Ord. 265, Ch. 1, passed 9-18-2001)
REQUIREMENTS / § 154.131 APPLICATION.
§ 154.131 APPLICATION.
(A)
The requirements of this subchapter shall apply to all area within the Town of
Maggie Valley zoning jurisdiction which is not excluded below, and shall specifically apply to all
street yards, vehicular parking areas, display areas, and trash dumpster areas situated within the
jurisdiction.
(B)
The requirements of this subchapter shall not apply to:
(1)
Lots containing only detached single-family or 2-family dwellings;
(2)
The sites of repairs, alterations, or improvements to the interiors or
exteriors of existing buildings which do not expand or enlarge the buildings;
(3)
The sites of additions or expansions to existing buildings where the gross
building area of the additions or expansions does not exceed 25% of the gross building area of
the existing building(s); or
(4)
The sites of additions or expansions to existing vehicular parking areas,
display areas, and trash dumpster areas where the gross area of the additions or expansions does
not exceed 25% of the existing areas.
(Ord. 265, Ch. 1, passed 9-18-2001)
REQUIREMENTS / § 154.132 LANDSCAPING PLAN APPROVAL.
287
§ 154.132 LANDSCAPING PLAN APPROVAL.
(A)
Whenever an application is filed with the Town of Maggie Valley for a building
and/or zoning permit for any use of land to which these landscaping requirements may apply, the
application shall be accompanied by a landscape development plan.
(B)
The plan shall be in sufficient detail to enable the Code Enforcement Officer to
determine whether or not the plan, when fully implemented, will comply with these landscaping
requirements; and, in addition to information required by other provisions of this chapter, shall
include at a minimum the following specific information:
(1)
The locations, dimensions, and descriptions of all areas to be landscaped,
including buffers, screens, and fences;
(2)
The locations, species, spacing, and size (height and caliper) of proposed
trees that are required;
(3)
The locations, species (as appropriate), spacing, and sizes of planting
materials and fences that are proposed to serve as required screens and buffers;
(4)
The locations, dimensions, and descriptions of any barriers to be installed
at any time to protect trees and plants; and
(5)
A description of proposed means for watering and soil stabilization for
planted areas.
(Ord. 265, Ch. 1, passed 9-18-2001)
REQUIREMENTS / § 154.133 GENERAL REQUIREMENTS AND CONDITIONS.
§ 154.133 GENERAL REQUIREMENTS AND CONDITIONS.
(A)
Certificate of occupancy. A conditional certificate of occupancy shall be issued
by the Code Enforcement Officer for the temporary use and occupancy of the building, structure
or land for a maximum period of 90 days from the date of the issuance of the certificate
whenever the landscaping requirements of this chapter are not complied with on time for the
intended use and occupancy of a building structure or land due to weather conditions. Should
these landscaping requirements not be complied with in full upon the expiration of the
conditional certificate of occupancy, the use of the property for which the certificate was issued
288
shall be discontinued and further use of the property beyond the expiration date of the certificate
shall constitute an illegal use and occupancy of the property.
(B)
Alternate methods of compliance.
(1)
It is not the intent of this section to prevent the use of a material or method
of construction not specifically prescribed by this section, especially whenever a stream, natural
rock formation or other physiographic obstacles make conventional compliance extraordinarily
difficult or impossible. Alternate materials and methods may, therefore, be utilized to satisfy
these requirements, provided that any proposed alternate is suitable for the purpose intended, and
is at least the equivalent of that specifically prescribed by this section in quality, effectiveness,
durability, hardiness, and performance. The Board of Adjustment shall approve any alternate
methods of compliance and may require that sufficient evidence and data be submitted to
substantiate any claim that may be made in this regard.
(2)
Existing trees which meet or exceed the quantity, spacing, and size
standards herein may be used to satisfy planting requirements, provided each is uniformly
encircled by a protected ground area during any construction conducted upon the premises. The
protected ground area shall completely encircle the existing tree and shall be extended at least 7
feet from the base of the tree trunk in all directions, or at least 1 foot per each inch of caliper of
the tree trunk measured at grade, whichever is greater. Any protected ground area must be
clearly marked in the field during construction. No credit will be allowed for any tree proposed
to be retained if there is any encroachment of construction, construction activity, or construction
materials within the protected ground area.
(3)
Landscaping shall not obstruct the view of motorists using any street,
private drive, parking aisle, or other approaches to street intersections so as to constitute a
condition endangering the public safety upon any such street, driveway, parking aisle, or street
intersection.
(4)
All required planting and landscaped area shall be maintained at all times
in good, stable and healthy condition as not to interfere with traffic on any public or private
streets or rights-of-way. Buffer strips shall be maintained as not to encroach on rights-of-way.
(5)
These landscaping requirements are intended to be performance oriented
and the failure of trees and plantings to achieve adequate growth and development shall
constitute noncompliance.
(6)
All landscape planting areas shall be stabilized from dust and soil erosions
immediately upon planting and shall be maintained for the duration of the premises.
289
REQUIREMENTS / § 154.134 SPECIFIC LANDSCAPING REQUIREMENTS.
§ 154.134 SPECIFIC LANDSCAPING REQUIREMENTS.
(A)
Street yards. It is the intent of this section to establish a landscaped planting area,
hereinafter called a street yard. This area shall contain plantings of trees and other live
vegetation (e.g., lawns, shrubbery, ground covers, and the like). The landscaping areas should
allow for the identification of buildings and land uses.
(1)
All land uses to which these landscaping requirements apply shall provide
a street yard along and adjacent to any street right-of-way, and on the property being developed.
(2)
width of 25 feet.
Each street yard shall have a minimum width of ten feet, a maximum
(3)
In the case where a lot abuts more than 1 street, an average street yard
width of 8 feet shall be maintained along all other street rights-of-way. No street yard shall be
required along an alley.
(4)
Impervious surfaces, such as driveways, within a street yard shall not
exceed 25% of the required street yard, except that not more than 2 twenty-five-foot drives may
be permitted for any lot having a street frontage of less than 200 feet in length.
(5)
Shade trees (a minimum of 2 small trees) shall be planted not more than
20 feet apart within the street yard. No planting shall be installed more than 10 feet from the
property line at either end of the street yard. Each small tree shall have a caliper of at least 1 inch
and a height of at least 6 feet at planting. Silver Maple, White Pine, and Lombardy Poplar trees
shall not be permitted as required trees in complying with these requirements.
(6)
Large shade trees shall not be planted under overhead electrical power
lines. In this situation, 2 small trees shall be substituted for each required large shade tree, unless
prohibited by the owner of the power lines or right-of-way for the lines.
(7)
Adequate wheel stops or curbs shall be installed for the protection of
required trees and plantings that are within 5 feet of a vehicular parking/display area or driveway.
Wheel stops or curbs shall be a minimum of 6 inches in height and shall be anchored to the
ground, and may be concrete, rot-resistant heavy timbers or other effective materials.
(8)
Prior to the issuance of a certificate of occupancy, a fine grade shall be
applied to the site. Further, the site shall be free and clear of any construction materials and/or
290
debris.
(Ord. 365, passed 11-16-2004)
(B)
Vehicular parking area and display areas. The intent of this section is to provide
for trees adjacent to and/or within vehicular parking areas and display areas in order to modify
and reduce the deleterious, visual, environmental, and aesthetic effects of these areas.
(1)
All vehicular surfaces and display areas, whether temporary or permanent,
to which these landscaping requirements apply shall be provided with a minimum of one large
shade tree per each 2,000 square feet, or fraction thereof, of surface area, including drives, and
the like. The trees shall be located and arranged that each tree trunk is no more than 50 feet from
a designated vehicular parking space and shall be located within planting areas (i.e., islands)
having a minimum of 300 square feet of contiguous and landscaped growing area and having a
minimum dimension of seven feet; the landscaped area shall be planted or mulched with no bare
ground.
(2)
Large shade trees shall not be located under overhead power lines. In this
situation, 2 small trees shall be substituted for each required large shade tree unless prohibited by
the owner of the lines or right-of-way within which the lines exist.
(3)
Adequate wheel stops or curbs shall be provided for the protection of trees
that are within 5 feet of a vehicular parking/display area or driveway. Wheel stops or curbs shall
be a minimum of 6 inches in height, shall be anchored to the ground, and may be concrete,
rot-resistant heavy timbers or other effective materials.
(4)
Existing trees may be used to satisfy the requirements of this section under
the conditions set forth in § 154.133.
(C)
Trash container and dumpster screen/buffers. The large metal boxes commonly
known as dumpsters are a type of trash container as that term is used herein. The dumpsters are,
however, referred to in this section by specific name for purposes of emphasis and clarity.
(1)
It is the intent of this section to provide for visual screens and or buffers
between trash container and dumpster locations and all street rights-of-way and adjoining
properties.
(2)
Trash containers and dumpsters shall not be located in the front yard of
any property where practical and shall be screened from view on all sides, except for 1 opening
not greater than 12 feet in width to allow for service access.
(3)
Screens and/or buffers intended to satisfy this requirement shall be in
accordance with the criteria for screens/buffers as defined in § 154.131.
291
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE / ADMINISTRATION
AND ENFORCEMENT
ADMINISTRATION AND ENFORCEMENT
AND ENFORCEMENT / § 154.145 INTENT.
§ 154.145 INTENT.
It is the intent of this chapter that all questions arising in connection with the enforcement
or the interpretation of this chapter shall be first presented to the Code Enforcement Officer and
that the questions shall be presented to the Board of Adjustment only on appeal from the Code
Enforcement Officer and that from the decisions of the Board of Adjustment, recourse shall be
taken to the courts as provided by law. It is further the intent of this chapter that the duties of the
Board of Aldermen in connection with this chapter shall not include hearing and passing on
disputed questions which might arise in connection with the enforcement or interpretations of
this chapter, but the procedures for determining the questions shall be stated in this chapter, and
the duties of the Board of Aldermen in connection with this chapter shall be only the duty of
holding a public hearing and voting upon any proposed amendment or repeal of this chapter as
provided by law.
(Ord. 265, Ch. 1, passed 9-18-2001)
AND ENFORCEMENT / § 154.146 ZONING CODE ENFORCEMENT OFFICER.
§ 154.146 ZONING CODE ENFORCEMENT OFFICER.
(A)
The Code Enforcement Officer is hereby authorized, and it shall be his or her
duty, to enforce and administer the provisions of this chapter.
(B)
It shall be the duty of the Code Enforcement Officer to review all plans and
specifications of a proposed building or structure and to review all plans for a change in use of
any building or structure on any lot to ensure conformity with this chapter and to issue a
292
certificate of zoning compliance.
(C)
No building or other structure shall be erected, moved, added to, or structurally
altered, nor shall any building permit be issued nor shall any change in use of any building or
land be made until a certificate of zoning compliance shall have been issued by the Zoning Code
Enforcement Officer. No certificate of zoning compliance shall be issued except in conformity
with the provisions of this chapter. Upon approval of a special exception or variance by the
Board of Adjustment, the Code Enforcement Officer shall issue a certificate of zoning
compliance. All applications for certificates of zoning compliance shall be accompanied by
plans in duplicate and drawn to scale showing the actual dimensions of the lot to be built upon,
accurate dimensions and use of the proposed building(s), the location on the lot of building(s) or
structure(s) proposed to be erected or altered, and the other information as may be necessary to
provide for the enforcement of the provisions of this chapter. Prior to the issuance of a certificate
of zoning compliance, the Code Enforcement Officer may consult with qualified personnel for
assistance to determine if the application meets the requirements of this chapter.
(Ord. 265, Ch. 1, passed 9-18-2001)
AND ENFORCEMENT / § 154.147 BUILDING PERMIT REQUIRED.
§ 154.147 BUILDING PERMIT REQUIRED.
No building or other structure shall be erected, moved, extended, or enlarged, or
structurally altered, nor shall any excavation or filling of any lot for the construction of any
building be commenced until the Building Inspector has issued a building permit for the work.
No building permit shall be issued except in conformance with this chapter except after written
order from the Board of Adjustment. Building permits shall be issued only to those who have
obtained a certificate of compliance from the Code Enforcement Officer.
AND ENFORCEMENT / § 154.148 APPLICATION FOR BUILDING PERMIT.
§ 154.148 APPLICATION FOR BUILDING PERMIT.
(A)
Each application to the Building Inspector for a building permit shall be
293
accompanied by plot plans in duplicate showing:
(1)
The actual dimensions of the lot to be built upon;
(2)
The size of the building to be erected;
(3)
The location of the building on the lot;
(4)
The location of existing structures on the lot, if any;
(5)
The number of dwelling units the building is designed to accommodate;
(6)
The approximate setback lines of buildings on adjoining lots;
(7)
Any other information as may be essential for determining whether the
provisions of this chapter are being observed;
(8)
The proposed use of land; and
(9)
Site soil stabilization and reseeding plan or landscaping.
(B)
Within 90 days of being granted any approval by the Zoning Board of Adjustment,
a property owner or developer must obtain a building permit. Any building permit issued shall
become invalid unless the work authorized by it shall have been commenced within 6 months of
its date of issue or if the work authorized by it is materially suspended or abandoned for a period
of 90 days. A record of building permits shall be kept on file in the office.
(Ord. 265, Ch. 1, passed 9-18-2001)
AND ENFORCEMENT / § 154.149 CERTIFICATE OF OCCUPANCY REQUIRED.
§ 154.149 CERTIFICATE OF OCCUPANCY REQUIRED.
A certificate of occupancy issued by the Code Enforcement Officer is required in advance
of the occupancy or use of any building hereafter erected, altered, or moved, or the change in use
of any building or land. In conjunction with the final building inspection, the Code Enforcement
Officer shall certify that all requirements of this chapter have been met. The applicant shall call
for the certification coincident with the final building inspection or within 10 days following
completion. A certificate of occupancy, either for the whole or part of a building, shall be
applied for coincident with the application for a certificate of zoning compliance and shall be
issued within 10 days after the erection or structural alterations or change in use of the building,
or part, shall have been completed in conformity with the provisions of this chapter. A certificate
294
of occupancy shall not be issued unless the proposed use of a building or land conforms to the
applicable provisions of this chapter. If the certificate of occupancy is denied, the Code
Enforcement Officer shall state in writing the reasons for refusal and the applicant shall be
notified in writing of the refusal. A record of all certificates shall be kept on file in the office of
the Code Enforcement Officer, and copies shall be furnished on request to any person having a
proprietary or tenancy interest in the building or land involved.
AND ENFORCEMENT / § 154.150 REMEDIES.
§ 154.150 REMEDIES.
In case any building is erected, constructed, reconstructed, altered, repaired, converted, or
maintained, or any building or land is used in violation of this chapter, the Code Enforcement
Officer, or any other appropriate town authority, or any person who would be damaged by the
violation, in addition to other remedies, may institute an action for injunction, or mandamus, or
other appropriate action or proceeding to prevent the violation.
(Ord. 265, Ch. 1, passed 9-18-2001)
AND ENFORCEMENT / § 154.151 APPEAL FROM THE CODE ENFORCEMENT
OFFICER.
§ 154.151 APPEAL FROM THE CODE ENFORCEMENT OFFICER.
All questions arising in conjunction with this chapter shall be presented first to the Code
Enforcement Officer, and the questions shall be presented to the Board of Adjustment only on
appeal from a ruling of the Code Enforcement Officer. Any order, requirement, decision, or
determination made by the Code Enforcement Officer may be appealed to the Board of
Adjustment pursuant to the procedures found in this chapter.
(Ord. 265, Ch. 1, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE / ZONING BOARD OF
ADJUSTMENT
295
ZONING BOARD OF ADJUSTMENT
ADJUSTMENT / § 154.165 ESTABLISHMENT OF ZONING BOARD OF
ADJUSTMENT.
§ 154.165 ESTABLISHMENT OF ZONING BOARD OF ADJUSTMENT.
The Zoning Board of Adjustment is hereby established. The Board shall consist of 5
members. Initial appointment of the members shall be as follows: 1 member for a term of 3
years, 2 members for a term of 2 years, and 2 members for a term of 1 year. Subsequent
appointments shall be made for 3-year terms. Any vacancy in the membership shall be filled for
the un-expired term in the same manner as the initial appointment. Members shall serve without
pay, but may be reimbursed for any expenses incurred while representing the Board.
(Ord. 265, Ch. 1, passed 9-18-2001)
ADJUSTMENT / § 154.166 ESTABLISHMENT OF PLANNING BOARD.
§ 154.166 ESTABLISHMENT OF PLANNING BOARD.
The Planning Board is hereby established. The Board shall consist of 5 members. Initial
appointment of the members shall be as follows: 1 member for a term of 3 years, 2 members for
a term of 2 years, and 2 members for a term of 1 year. Subsequent appoints shall be made for
3-year terms. Any vacancy in the membership shall be filled for the un-expired term in the same
manner as the initial appointment. Members shall serve without pay, but may be reimbursed for
any expenses incurred while representing the Board.
(Ord. 276, passed 4-16-2002)
ADJUSTMENT / § 154.167 SELECTION OF ALTERNATE MEMBERS.
296
§ 154.167 SELECTION OF ALTERNATE MEMBERS.
The Board of Aldermen shall also appoint 2 alternate members to serve on the Board of
Adjustment in the absence, for any cause, of any regular member. The alternate members shall
be appointed for 3-year terms. The alternate members, while attending any regular or special
meeting of the Board of Adjustment and serving in the absence of any regular member, shall
have and exercise all the powers and duties of the regular member so absent.
(Ord. 265, Ch. 1, passed 9-18-2001)
ADJUSTMENT / § 154.168 JURISDICTION AND DECISIONS.
§ 154.168 JURISDICTION AND DECISIONS.
(A)
The concurring vote of 4 members of the Zoning Board of Adjustment shall be
necessary to reverse any order, requirement, decision, or determination of the Code Enforcement
Officer; or to decide in favor of the applicant on any matter upon which it is required to pass
under this chapter; or to effect any variation of this chapter.
(B)
On all appeals, applications, and other matters brought before the Zoning Board of
Adjustment, the Board shall inform, in writing, all the parties involved of its decisions and the
reasons therefor.
(Ord. 265, Ch. 1, passed 9-18-2001)
ADJUSTMENT / § 154.169 PROCEEDINGS.
§ 154.169 PROCEEDINGS.
The Board of Adjustment shall consist of 5 members, none of whom shall be a member
of the Board of Aldermen of the Town of Maggie Valley, but all of whom shall reside within the
corporate limits of Maggie Valley. The Board of Aldermen shall appoint a Chairperson to serve
a 3-year term, 2 members to serve 2-year terms, and 2 members to serve a 1-year term. All
subsequent appointments shall be 3-year terms. The Board shall appoint a Secretary, who may
be a municipal officer, an employee of the town, a member of the Planning Board, or a member
297
of the Board of Adjustment. The Board shall adopt rules and bylaws in accordance with the
provisions of this chapter and of G.S. Chapter 160A, Article 19. Meetings of the Board shall be
held at the call of the Chairperson and at such other times as the Board may determine. The
Chairperson, or in his or her absence the Vice-Chairperson, may administer oaths and request the
attendance of witnesses. All meetings of the Board shall be open to the public. Four of the 5
members shall constitute a quorum.
(Ord. 265, Ch. 1, passed 9-18-2001)
ADJUSTMENT / § 154.170 APPEALS, HEARINGS, AND NOTICE.
§ 154.170 APPEALS, HEARINGS, AND NOTICE.
An appeal from the decision of the Code Enforcement Officer may be taken to the Board
of adjustment by any person aggrieved or affected by the decision. The appeal shall be taken
within 10 days by filing with the Code Enforcement Officer, on a form provided, a notice of
appeal specifying the grounds thereof. The Code Enforcement Officer shall forthwith transmit to
the Board all papers constituting the record upon which the action appealed from was taken. The
Board of Adjustment shall, at the next regularly scheduled meeting that follows at least 7 days of
the filing of the appeal, hear and review the appeal.
(Ord. 265, Ch. 1, passed 9-18-2001)
ADJUSTMENT / § 154.171 STAY OF PROCEEDINGS.
§ 154.171 STAY OF PROCEEDINGS.
An appeal stays all legal proceedings in furtherance of the action appealed from, unless
the Code Enforcement Officer certifies to the Zoning Board of Adjustment, after the notice of
appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay
would, in his or her opinion, cause imminent peril to life and property. In that case, proceedings
shall not be stayed otherwise than by a restraining order which may be granted by the Board of
Adjustment or by a court of record on application, on notice to the Code Enforcement Officer,
and on due cause shown.
(Ord. 265, Ch. 1, passed 9-18-2001)
298
ADJUSTMENT / § 154.172 POWERS AND DUTIES.
§ 154.172 POWERS AND DUTIES.
(A)
Generally. The Zoning Board of Adjustment shall have the following powers and
(B)
Specifically.
duties.
(1)
Administrative review. To hear and decide appeals where it is alleged
there is error in any order, requirement, decision, or determination made by the Code
Enforcement Officer in the enforcement of this chapter.
(2)
Special exceptions. To hear and decide special exceptions to the terms of
this chapter upon which the Board of Adjustment is required to pass under this chapter. To
decide the questions as are involved in determining whether a special exception should be
granted. To grant special exceptions with the conditions and safeguards as are appropriate under
this chapter, or to deny special exceptions when not in harmony with the intent of this chapter
and would adversely affect the public interest. A special exception may be granted by the Board
of Adjustment only after making the following findings.
(3)
Building permit. Within 90 days of being granted a special exception or a
variance, a building permit must be obtained if a building permit is required.
(a)
That the Board of Adjustment is empowered under a specific
section of this chapter to grant the special exception and that the granting of the special exception
will not adversely affect the public interest.
(b)
Before any special exception shall be issued, the Board shall make
written findings certifying compliance with all specific rules governing the individual special
exception and that satisfactory provision and arrangement has been made concerning the
following wherever applicable:
1.
Ingress and egress to property and proposed structure with
particular reference to automotive and pedestrian safety, convenience, traffic flow and control,
and access in case of fire or catastrophe;
2.
Refuse and service areas, with particular reference to the
items in division (B)(3)(b)1. above;
3.
Off-street parking and loading areas where required with
299
particular attention to the items in division (B)(3)(b)1. above and to the economic, noise, glare,
or odor effects of the special exception on adjoining properties and generally in the district;
4.
Utilities, with reference to location, availability, and
5.
Screening and buffering, with reference to type,
compatibility;
dimensions, and character;
6.
Signs, if any, and proposed exterior lighting, with reference
to glare, traffic safety, economic effect, and compatibility and harmony with properties in the
district; and
7.
Required yards and other open spaces;
8.
General compatibility with adjacent property and other
property in the district.
(c)
Within 90 days of being granted any approval by the Zoning Board
of Adjustment, a property owner or developer must obtain a building permit or variance will
expire.
(d)
The Board of Adjustment shall request the Maggie Valley Planning
Board to review and make recommendations concerning the special exceptions relative to the
following considerations:
1.
Relation of the special exception to applicable elements of
2.
Appearance of the special exception relative to location,
the planning program; and
structure, and design.
(D)
Variances. Before the Zoning Board of Adjustment may grant a variance, it shall
make the following 3 findings which shall be recorded in the permanent record of the case and
shall include the factual reasons on which they are based.
(1)
There are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of this chapter. In order to determine that there are practical
difficulties or unnecessary hardships, the Board must find that all 5 of the following conditions
exist.
(a)
If the applicant complies with the provisions of this chapter, the
applicant can secure no reasonable return from nor make reasonable use of the property. Merely
proving that the variance would permit a greater profit to be made from the property will not be
considered adequate to justify the Board in granting a variance. Moreover, the Board shall
300
consider whether the variance is the minimum possible deviation from the terms of this chapter
that will make possible the reasonable use of the property.
(b)
The hardship results from the application of this chapter to the
property rather than from other factors such as deed restrictions or other hardship.
(c)
The hardship is due to the physical nature of the applicant’s
property, such as its size, shape, or topography, which is different from that of neighboring
property.
(d)
The hardship is not the result of the actions of an applicant who
knowingly or unknowingly violates this chapter, or who purchases the property after the effective
date of this chapter and then comes to the Board for relief.
(e)
The hardship is peculiar to the applicant’s property, rather than the
result of conditions that are widespread. If other properties are equally subject to the hardship
created in the restriction, then granting a variance would be a special privilege denied to others
and would not promote equal justice.
(2)
The variance is in harmony with the general purpose and intent of this
chapter and preserves its spirit. That is, the applicant is not seeking to establish, to expand, or to
extend in area a nonconforming use. Moreover, the existence of a nonconforming use in the
same or in any other zoning district shall not constitute a reason for granting the requested
variance.
(3)
In granting of the variance, the public safety and welfare have been
assured and substantial justice has been done. The Board shall not grant a variance if it finds that
doing so would alter the essential character of the neighborhood, materially diminish or impair
established property values within the surrounding area, or in any other respect impair the public
health, safety, or general welfare.
(Am. Ord. 478, passed 7-18-2006)
(Ord. 265, Ch. 1, passed 9-18-2001)
ADJUSTMENT / § 154.173 APPEALS FROM THE ZONING BOARD OF
ADJUSTMENT.
§ 154.173 APPEALS FROM THE ZONING BOARD OF ADJUSTMENT.
Any person or persons, jointly or severally, aggrieved by any decision of the Board, may,
301
within 30 days after the filing of the decision in the office of the Board, but not thereafter, present
to a court of competent jurisdiction a petition duly verified, setting forth that the decision is
illegal, in whole or in part, specifying that ground of illegality, whereupon the decision of the
Board shall be subject to review by certiorari as provided by law.
(Ord. 265, Ch. 1, passed 9-18-2001)
ADJUSTMENT / § 154.174 FEES FOR VARIANCES, APPEALS, AND SPECIAL
EXCEPTIONS.
§ 154.174 FEES FOR VARIANCES, APPEALS, AND SPECIAL EXCEPTIONS.
A fee shall be paid to the Town of Maggie Valley, North Carolina, for an application for a
variance, exception, or appeal to cover the necessary administrative costs and advertising. The
fee for a request for a variance, or special exception, or for an appeal to the Board of Adjustment
shall be determined by the Board of Aldermen, payable to the Town of Maggie Valley.
(Ord. 265, Ch. 1, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE / AMENDMENTS
AMENDMENTS
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE / AMENDMENTS / §
154.185 GENERALLY.
(A)
This chapter, including the Zoning Map and the High Water Profiles plat, may be
amended from time to time, but no amendment shall become effective unless it shall have been
proposed by, or shall have been submitted to, the Town of Maggie Valley Planning Board for
review and recommendation. The Planning Board shall have 30 days within which to submit its
report. If the Planning Board fails to submit a report within the 30-day period, it shall be deemed
to have approved the proposed amendment. A public hearing shall be held by the Board of
Aldermen before adoption of any proposed amendment to this chapter. A notice of the public
hearing shall be given in accordance with G.S. §§ 160A-364 and 160A-384.
302
(B)
In case of a protest against an amendment, supplement, change, modification, or
repeal signed by the owners of 20% or more of the area of the lots included in the proposed
change, or of those immediately adjacent thereto either in the rear thereof or on either side
thereof, extending 100 feet from the street frontage of the opposite lots, the amendment shall not
become effective except by favorable vote of 3/4 of all members of the Board of Aldermen.
(Ord. 265, Ch. 1, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE / AMENDMENTS / §
154.186 FEES FOR AMENDMENTS.
§ 154.186 FEES FOR AMENDMENTS.
A fee as determined by the Board of Aldermen shall be paid to the Town of Maggie
Valley, North Carolina, for each application for an amendment to cover the cost of advertising
and other administrative expenses involved.
(Ord. 265, Ch. 1, passed 9-18-2001)
TITLE XV: LAND USAGE / CHAPTER 154: ZONING CODE / EXTRATERRITORIAL
JURISDICTION
EXTRATERRITORIAL JURISDICTION
JURISDICTION / § 154.200 EXTRATERRITORIAL JURISDICTION BOUNDARIES
ESTABLISHED.
§ 154.200 EXTRATERRITORIAL JURISDICTION BOUNDARIES ESTABLISHED.
An official map of the Town of Maggie Valley entitled “Town of Maggie Valley
Extraterritorial Jurisdiction,” and dated 5-15-2002, is hereby adopted showing the extraterritorial
jurisdiction area boundary of the Town of Maggie Valley. The map shall be maintained in the
manner provided for in G.S. § 160A-22 and shall be recorded in the office of the Register of
Deeds of Haywood County.
(Ord. 279, passed 5-21-2002)
303
JURISDICTION / § 154.201 APPLICATION AND ENFORCEMENT OF ORDINANCES
IN THE EXTRATERRITORIAL AREA.
§ 154.201 APPLICATION AND ENFORCEMENT OF ORDINANCES IN THE
EXTRATERRITORIAL AREA.
The following ordinances contained within the code of ordinances of the Town of Maggie
Valley shall be applicable in every aspect within the extraterritorial area in the same manner as
each is now applicable within the corporate limits of the Town of Maggie Valley and the
designated enforcement officer shall enforce all of the provisions of these ordinances within the
extraterritorial area in the same manner as the officer is now authorized to enforce these
ordinances within the corporate limits: subdivision regulations and zoning (the effective date of
zoning jurisdiction shall be as specified in the ordinance adopting the official zoning map for the
extraterritorial area.
(Ord. 279, passed 5-21-2002)
JURISDICTION / § 154.202 PLANNING BOARD.
§ 154.202 PLANNING BOARD.
(A)
Created. A Planning Board for the Town of Maggie Valley and its area of
extraterritorial jurisdiction is hereby created.
(B)
Membership; terms of office; vacancies.
(1)
The Planning Board shall consist of 9 members. Five members of the
Planning Board shall be appointed by the Board of Aldermen of the Town of Maggie Valley, and
4 members shall be appointed by the Board of Commissioners of Haywood County.
(2)
For the initial appointments to the Planning Board, the Town of Maggie
Valley shall appoint 1 member for a 1-year term, 2 members for a 2-year term, and 2 members
for 3-year terms. Haywood County shall appoint 1 member for a 1-year term, 2 members for
2-year terms, and 1 member for a 3-year term. Any vacancy in the membership shall be filled for
the unexpired term in the same manner as the initial appointment. Each successive appointment
of members to the Planning Board shall be for a term of 3 years. Members may be reappointed
304
for any number of successive terms.
(C)
Attendance at meetings prerequisite to maintaining membership. Faithful
attendance at the meetings of the Planning Board is considered a prerequisite for the maintenance
of membership on the board, and members who miss 3 consecutive meetings automatically
forfeit membership. A member terminated for lack of attendance may appear before the Board of
Aldermen and request reinstatement.
(D)
Organizational meeting; election of Chairperson; officers; terms. Within 30 days
after the appointment of members to the Planning Board, the Board shall meet and elect a
Chairperson and create and fill the offices as it may determine. The term of the Chairperson and
other offices shall be for 1 year, with eligibility for re-election for any number of successive
terms.
(E)
Regular meetings required; nature of meeting; quorum.
(1)
The Planning Board shall hold at least 1 meeting monthly, and all of its
meetings shall be open to the public.
(2)
There shall be a quorum of 5 members for the purpose of taking any
official action required by this subchapter.
(F)
Required to adopt rules, keep records. The Planning Board shall adopt rules for
transaction of its business and shall keep a record of its members’ attendance and its resolutions,
discussions, findings, and recommendations, which record shall be a public record.
(G)
General powers and duties. In addition to the duties prescribed by state law, it
shall be the duty of the Planning Board to do the following:
(1)
Acquire and maintain in current form the basic information and materials
as are necessary to an understanding of past trends, present conditions, and forces at work to
cause changes in these conditions;
(2)
Prepare and from time to time amend and revise a comprehensive and
coordinated plan for the physical development of the area;
(3)
Establish principles and policies for guiding action in the development of
the area;
(4)
Prepare and recommend to the Board of Aldermen ordinances promoting
orderly development along the lines indicated in the comprehensive plan;
(5)
Determine whether specific proposed developments conform to the
principles and requirements of the comprehensive plan for the growth and improvement of the
area;
305
(6)
as to these matters;
Keep the Board of Aldermen and the general public informed and advised
(7)
The Planning Board shall be the review authority for all proposed plats of
land subdivision; and
(8)
Perform any other duties which may lawfully be assigned to it.
(Am. Ord. 368, passed 3-1-2005)
(H)
Special committees. The Planning Board may set up special committees to assist
it in the study of specific questions and problems.
(I)
Authority of extraterritorial members. Those members of the Planning Board that
reside within the extraterritorial area and being those same members appointed by the Haywood
County Board of Commissioners shall function only with respect to matters originating within
and/or effecting the extraterritorial area.
(Ord. 279, passed 5-21-2002)
JURISDICTION / § 154.203 BOARD OF ADJUSTMENT.
§ 154.203 BOARD OF ADJUSTMENT.
(A)
Created. A Board of Adjustment for the Town of Maggie Valley and its area of
extraterritorial jurisdiction is hereby created.
(B)
Membership; terms of office; vacancies.
(1)
The Board of Adjustment shall consist of 9 members. Five members of
the Board of Adjustment shall be appointed by the Board of Aldermen of the Town of Maggie
Valley, and 4 members shall be appointed by the Board of Commissioners of Haywood County.
(2)
For the initial appointments to the Board of Adjustment, the Town of
Maggie Valley shall appoint 1 member for a 1-year term, 2 members for a 2-year term, and 2
members for 3-year terms. Haywood County shall appoint 1 member for a 1-year term, 2
members for 2-year terms, and 1 member for a 3-year term. Any vacancy in the membership
shall be filled for the unexpired term in the same manner as the initial appointment. Each
successive appointment of members to the Planning Board shall be for a term of 3 years.
Members may be appointed for any number of successive terms.
(C)
Attendance at meetings prerequisite to maintaining membership. Faithful
306
attendance at the meetings of the Board of Adjustment is considered a prerequisite for the
maintenance of membership on the Board, and members who miss 3 consecutive meetings
automatically forfeit membership. A member terminated for lack of attendance may appear
before the Board of Aldermen and request reinstatement.
(D)
Organizational meeting; election of Chairperson, officers; terms. Within 30 days
after the appointment of members to the Board of Adjustment, the Board shall meet and elect a
Chairperson and create and fill any offices as it may determine. The term of the Chairperson and
other offices shall be for 1 year, with eligibility for re-election for any number of successive
terms.
(E)
Regular meetings required; nature of meeting; quorum.
(1)
The Board of Adjustment shall hold at least 1 meeting monthly, and all of
its meetings shall be open to the public.
(2)
There shall be a quorum of 4/5 members for the purpose of taking any
official action required by this subchapter.
(Am. Ord. 368, passed 3-1-2005)
(F)
Required to adopt rules, keep records. The Board of Adjustment shall adopt rules
for transaction of its business and shall keep a record of its members’ attendance and its
resolutions, discussions, findings, and recommendations, which record shall be a public record.
The Board of Aldermen is hereby designated as the zoning commission for the town.
(G)
Duties as to subdivisions. The Board of Adjustment shall review from time to
time the existing regulations for the control of land subdivision in the area and submit to the
Board of Aldermen its recommendations, if any, for the revision of the regulations.
(Am. Ord. 368, passed 3-1-2005)
(H)
Authority to conduct hearings. The Board of Adjustment may conduct the
hearings as may be required to carry out its duties under this subchapter and as prescribed by
state law.
(I)
Authority to inform public. The Board of Adjustment shall have the power to
promote public interest in and an understanding of its recommendations, and to that end it may
publish and distribute copies of its recommendations and may employ any other means of public
education as it may determine.
(J)
Authority of extraterritorial members. Those members of the Board of
Adjustment that reside within the extraterritorial area and being those same members appointed
by the Haywood County Board of Commissioners shall function only with respect to matters
307
originating within and/or effecting the extraterritorial area.
(K)
Authority for members, employees to attending planning conferences; payment of
expenses. Members of the Planning Board and Board of Adjustment, when duly authorized by
the Board of Aldermen, may attend planning conferences or meetings of planning institutes or
hearings upon pending planning legislation, and the Board may, by formal and affirmative vote,
pay, within the Board’s budget, the reasonable traveling expenses incident to the attendance.
(Ord. 279, passed 5-21-2002)
JURISDICTION / § 154.999 PENALTY.
§ 154.999 PENALTY.
(A)
Any person violating any provisions of this chapter shall be guilty of a
misdemeanor and, upon conviction, shall be punished for each offense by a fine not exceeding
$50 or by imprisonment not to exceed 30 days. Each day the violation continues shall be deemed
a separate offense.
(B)
one, all, or a combination of the remedies authorized and prescribed by G.S. § 160A-175,with the
exception of subsection (b). When a violation subjects an offender to a civil penalty, the penalty
shall be $50 per day. Unless the violation is corrected or appeal is made to the Town of Maggie
Valley Board of Adjustment, the civil penalty shall begin 10 days after the notice of the violation
has been given by means of a certified letter by the Town of Maggie Valley official. Further, this
chapter shall provide that each calendar day’s continuing violation shall constitute a separate and
distinct offense, and the total penalty thus resulting shall be recorded as a lien against the
property.
(Ord. 265, Ch. 1, passed 9-18-2001)
TABLE OF SPECIAL ORDINANCES
TABLE OF SPECIAL ORDINANCES
308
[Reserved]
PARALLEL REFERENCES
PARALLEL REFERENCES
References to North Carolina General Statutes
References to Ordinances
PARALLEL REFERENCES / REFERENCES TO NORTH CAROLINA GENERAL
STATUTES
REFERENCES TO NORTH CAROLINA GENERAL STATUTES
G.S.
Code Section
1-597
91.058
Chapter 7A
152.29
14-4
91.021; 93.99
14-4(a)
10.99
14-202.10
112.02
Chapter 14, Article 54
90.05
20-97
111.11
20-219.11
91.094; 91.120
44A-4
91.099; 91.125
44A-5
91.099; 91.125
44A-6
91.099; 91.125
309
47-30
151.42; 154.039
Chapter 47A
154.110
Chapter 89
151.61
104A-1
151.04; 151.36
105-302
90.01
Chapter 113A, Article 4
151.63; 154.039; 154.112
152.05
130A-290(a)(6)
152.05
130A-290(a)(35)
152.05
130A-290(a)(36)
152.05
133-33
50.095
Chapter 143, Article 18, Part 3
152.01
152.01
143-143.15
152.41
152.01
Chapter 143, Article 33C
30.28
143-213(18)
50.002
143-215.1
50.002
153A-121
152.01
153A-275
50.001
160A-22
154.200
160A-23
Charter, Sec. 2 - 1
310
Chapter 160A, Article 4A, Part Charter, Sec. 1 - 1
1
160A-31
Charter, Sec. 1 - 1
Chapter 160A, Article 4A, Part Charter, Sec. 1 - 1
2
160A-101
31.01
160A-102
31.01
160A-103
31.01
Chapter 160A, Article 7, Part 3 Charter, Sec. 5 - 1
152.01
160A-174
91.001; 91.015
160A-175
10.99; 50.999; 90.99; 91.999;
111.99; 153.99; 154.999
160A-175(c)
91.999
160A-175(d)
91.043
160A-193
91.001; 91.015; 91.041; 91.056;
91.059
160A-266
32.01
160A-303
91.086
160A-303.2
91.116
160A-312
50.001
Charter, Sec. 1 - 1; 151.02; 154.169
160A-364
154.185
Chapter 160A, Article 19, Part 152.01; 154.001
3
311
3
160A-384
154.185
Chapter 160A, Article 19, Part
5
152.01
Chapter 160A, Article 19, Part
8
152.01
Chapter 163
Charter, Sec. 6 - 1
163-292
Charter, Sec. 4 - 1
PARALLEL REFERENCES / REFERENCES TO ORDINANCES
REFERENCES TO ORDINANCES
Ord. No.
Date Passed
Code Section
6
--
113.01-113.07
41
--
112.17
48
--
112.04; 112.18
265, Ch. 1
--
154.001-154.006; 154.020-154.022; 154.035-154.041
154.055; 155.056; 154.070-154.076; 154.090-154.093
154.105-154.115; 154.130-154.134; 154.145-154.15
154.165; 154.167-154.174; 154.185; 154.186; 154.999
265, Ch. 2
--
153.01-153.13; 153.99
23
6-7-1978
93.02; 93.99
312
Ord. No.
Date Passed
Code Section
33
2-19-1980
94.01, 94.02
36
8-19-1980
93.01
77
6-16-1987
31.01
187
6-5-1997
112.01-112.24
230
4-18-2000
150.15-150.20
240
9-19-2000
111.01-111.12
251
2-20-2001
111.99
256
4-17-2001
50.001-50.003; 50.015-50.023; 50.035-50.037;
50.050-50.052; 50.065-50.068; 50.080-50.082; 50.095
50.110; 50.999
265
9-18-2001
270
10-16-2001
50.001
272
12-18-2001
91.001; 91.015-91.022; 91.070-91.073; 91.085-91.100
91.115-91.127; 91.999
276
4-16-2002
154.166
279
5-21-2002
154.200-154.203
318
4-15-2003
91.016
319
4-15-2003
153.04; 153.05; 153.09
325
7-29-2003
30.01-30.11
327
9-16-2003
90.01-90.09; 90.99
332
2-17-2004
153.09; 154.090
333
2-17-2004
152.01-152.14; 152.25-152.29; 152.40-152.46; 152.99
313
Ord. No.
Date Passed
Code Section
350
6-1-2004
110.01
351
6-1-2004
154.075
364
11-16-2004
153.03
365
11-16-2004
154.134
368
3-1-2005
154.202; 154.203
369
3-1-2005
30.01-30.11
407
7-19-2005
151.01-151.06; 151.20-151.22; 151.35-151.44;
151.55-151.63; 151.75-151.80; 151.99
397
9-6-2005
30.45-30.55
398
9-20-2005
91.035-91.043; 91.999
399
9-20-2005
91.055-91.059
400
9-20-2005
92.01
428
12-6-2005
154.055
438
1-17-2006
30.25-30.32
453
3-21-2006
150.01
466
4-18-2006
110.01
478
7-18-2006
154.172
479
7-18-2006
154.039
491
11-14-2006
153.02; 153.06
500
11-28-2006
153.05
506
1-2-2007
153.05
314
Ord. No.
Date Passed
Code Section
521
2-20-2007
32.01
575
8-21-2007
153.02
315

Printing - Maggie Valley, NC Code of Ordinances

Transcription

Similar documents

Tampines Town Council`s Audited Financial Statements, Auditors

Sembawang Town Council`s Audited Financial Statements, Auditors

Tiki Wiki - Miss Maggie Sings!

PowerPoint bemutató

easyhiker.co.uk – 17settembre 2015 D for Domodossola By Michael

Dec 2015

Paris Hilton, Nicole Richie, Halle Berry, Teri

Coverage Map/Media Information

April - Amargosa Valley, NV

POOTATUCK LAND COMPANY SHEET 6