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021714mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting February 17, 2014 The Harnett County Board of Commissioners met in regular session on Monday, February 17, 2014, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Joe Miller, Chaiiivan Gary House, Vice Chairman Jim Burgin, Commissioner Beatrice B. Hill, Commissioner Gordon Springle, Commissioner Staff present: Tommy Burns, County Manager Joseph Jeffries, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk to the Board Chairman Miller called the meeting to order at 7:00 pm. Commissioner Springle led the pledge of allegiance and invocation. Chairman Miller called for additions and deletions to the published agenda. Vice Chairman House moved to approve the agenda as presented. Commissioner Springle seconded the motion which passed unanimously. Commissioner Springle moved to approve the items listed on the consent agenda. Commissioner Burgin seconded the motion which passed unanimously. 1. Minutes: February 3, 2014 Regular Meeting 2. Budget Amendments: 193 Cooperative Extension Code 110-7306-465.60-33 United Way Materials & Supplies 110-0000-353-73-06 CCR&R Contributions 198 Public Utilities PU0604 Erwin Wastewater Improvements Code 564-9100-431.90-30 Public Utilities 564-0000-334.90-08 CWMTF 564-0000-370.76-00 State Revolving Loan 200 Engineering and Facilities Maintenance - Public Buildings Code 110-4700-410.41-33 Shawtown Utilities 110-4700-410.74-74 Capital Outlay 1,600 increase 1,600 increase 873,333 decrease 61,252 decrease 812,081 decrease 30,000 decrease 30,000 increase February 17, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 5 207 Re- Entry Healthy Choice Family Enrichment Code 110-5899-420.35-51 Re -Entry Healthy Choice — Family Enrich. 13,845 increase 110-0000-334.58-04 Re -Entry Healthy Choice — Family Enrich. 13,845 increase 208 Highland Middle School Code 331-8300-480.47-39 331-8300-480.47-40 331-8300-480.47-41 331-8300-480.47-44 331-8300-480.47-46 331-8300-480.45-20 331-8300-480.47-62 331-8300-480.45-22 331-8300-480.47-49 Land Surveying GEO Wetland Delineation Environmental Material Testing Legal Contingency Issuance Cost Land Acquisition 209 Sheriffs Office Code 110-5103-420.35-82 2013 Edward Byrne Grant 110-0000-331.51-31 2013 Edward Byrne Grant 210 Harnett Regional Jetport Code 302-8300-406.45-01 Construction 302-0000-389.71-00 Interfund Transfer Capital Reserve 218 Cooperative Extension Code 110-7327-465.11-00 110-7327-465.21-00 110-7327-465.22-00 110-7327-465.23-00 110-7327-465.25-00 110-7327-465.26-00 110-7327-465.21-05 110-0000-353.73-27 46,409 increase 51,350 decrease 2,350 decrease 600 decrease 14,698 increase 987 decrease 201,969 increase 218,482 decrease 10,693 increase 540 increase 540 increase 9,395 increase 9,395 increase Salaries & Wages 16,893 decrease Group Insurance 1,779 decrease FICA 1,212 decrease Regular Retirement 1,130 decrease Unemployment Benefits 140 decrease Worker's Comp 80 decrease Insurance Expense / Employee Clinic 25 increase Revenue — Adolescent 21,209 decrease 222 Sheriff's Office — Governor Highway Safety Grant Code 110-0000-399.00-00 Fund Balance Appropriated 110-0000-331.51-12 Governor Highway Safety Grant 226 Public Safety & Human Code 110-5899-420.35-71 110-7690-441.31-25 110-7999-441.35-77 110-0000-399.00-00 Services Harnett United Police Athletic League Special Olympics Veteran's Court Fund Balance Appropriated 12,250 decrease 12,250 increase 4,766 increase 10,000 increase 3,145 increase 17,911 increase 3. Resolutions to add roads to state system (Attachments 1 - 8) February 17, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 5 4. Public Utilities requested approval of the write-offs for 4th quarter of 2013 in the amount of $27,873.33. All of these accounts have been delinquent for more than three years. The facilitation of these write-offs is an important step in a continuing effort to effectively manage collections and bad debt. HCDPU is currently using the Local Government Debt Setoff Program and On-line Collections, Inc. to help collect delinquent accounts. 5. Cooperative Extension requested permission to receive $2,400 from United Way of Harnett County during the FY 2013-2014 for the 4-H & Youth Program contingent upon available funding for delivery of services. Cooperative Extension also requested permission to receive $3,200 from United Way of Harnett County during the FY 2013- 2014 for the Adolescent Parenting Teens As Parents Program contingent upon available funding for delivery of services. 6. Parks and Recreation requested the approval of contract with McGill Associates for the planning and design of the Fairground/Agricultural Park and Athletic Facilities. The proposed parks are located off of McKinney Parkway and adjacent to the Sandhills Farm Park. McGill Associates was selected from eight (8) submitted Statement of Qualifications. The fee for the Planning Document is $25,500 and will include a site analysis, recreational needs survey, site plans, and projected project costs. Chairman Miller opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Randy Rogers of 904 Hillside Drive in Lillington asked how citizens can be expected to follow laws and county statutes when there are county employees and/or officials currently in violation of laws and statutes. Mr. Rogers said a false report of violence in the workplace had been filed against his mother. Mr. Rogers said, regarding public records requests, he doesn't understand how county employees are openly violating NC law. He said he and Commissioner House showed up and told the truth and asked who and why the decision was made for Mr. Burgin to receive financing either from rate payers or tax payers of Harnett County not to attend a deposition. Commissioners reviewed the list of Boards and Committees they serve on. Mark Locklear, Director of Planning Services, petitioned the Board for a public hearing regarding proposed UDO text amendments requested by Harnett County Planning Services, Unified Development Ordinance: 1. Article II Section 5.0 "Nonconforming Sign" 2. Article IV Section 13.0 "Military Corridor Overlay District" 3. Article V Section 11.0 "Other Uses" 11.2.5 "Permit (Level II) Co -Location, Combination, attachment, Antenna Element Replacement, Replacement Towers, & Concealed Towers" 11.3 "Firearm Certification Facilities" February 17, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 5 4. Article VII Development Design Guidelines Section 2.0 "Street & Transportation Standards" Section 10.0 "Sign Requirements" 5. Article XI Section 5.0 "Board of Adjustment" 6. Article XII Section 5.0 "Variances" 7. Article XIV "Definitions & Certifications" Mr. Locklear highlighted the proposed text amendments which he said were both corrections requested by staff and changes as a result of recent legislation. Mr. Locklear reported a unanimous vote was taken at the January 6, 2014, Planning Board meeting to recommend approval of all text amendments as presented. Mr. Locklear also noted a version of the proposed text amendments were previously discussed during the January 14, 2014, special session of the Harnett County Board of Commissioners. Chairman Miller called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Miller closed the public hearing. Commissioner Springle moved to approve the proposed text amendments as presented. Commissioner Hill seconded the motion which passed unanimously. (Attachment 9) Mr. Burns presented the following reports: - Veteran Affairs Activities Report - January 2013 - Community Development Monthly Performance Report — January 2013 - Planning Services Report — January 2013 - CCPT Annual Report - Interdepartmental Budget Amendments Mr. Burns reminded commissioners of the upcoming NCACC District meetings. Commissioner Springle and Mr. Burns will attend the district meeting in Moore County. Mr. Burns also noted he would be meeting with Superintendent Frye the following week to discuss the budget calendar. Last, Mr. Burns responded that the RFQ for insurance, which was drafted by Human Resources, is currently being review by the staff attorney. Chairman Miller called for any new business. Commissioner Hill reported a current employee and a recently retired employee had contacted her regarding an issue with their salaries; saying they had been unable to get the issue corrected through normal channels. Commissioner Hill thank Mrs. Honeycutt for her assistance in getting this issue corrected. Mrs. Honeycutt reported the retiree's retirement would also be recalculated by the State. Commissioner Hill said she thinks every department needs a thorough investigation. Chairman Miller asked Mr. Burns to touch base with department heads at their upcoming meeting to make sure things are being done correctly. Mr. Burns said he would but believes this issue was an isolated incident where these employees were promised a 5% increase at the end of their probation period, which is normally done during the employee's evaluation, which did not happen. February 17, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 5 Commissioner Hill asked for a report of people who have not paid their taxes. Commission Hill also said she is glad the County was able to donate land to Habitat for Humanity and noted the lots appraisal values were $5,000 and $10,000 and not $20,000 each as previously stated. Commissioner Burgin responded that she was comparing market value and tax value and noted the $20,000 per lot was the market value provided to him by Mr. Tony Wilder. Vice Chairman House moved that the Board go into closed session for the following purposes: (1) To consult with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of certain claims and legal actions including that case entitled, "Jeffrey Kimmons vs Harnett County", Harnett County Superior Court File No. 13 CVS 1786; (2) To discuss certain personnel matters; and (3) To discuss matters relating to the location or expansion of industries or other businesses in Harnett County; This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3),(6)&(4). Commissioner Springle seconded the motion which passed unanimously. Commissioner Burgin moved that the Board come out of closed session. Commissioner Springle seconded the motion which passed unanimously. Commissioner Burgin moved to adjourn the meeting at 8:33 pm. Commissioner Hill seconded the motion which passed unanimously. W11111111/// COMM Joe Miller, C a an �`��`� ° ! ; et Regina heeler, Clerk LO -140. February 17, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 5 ATTACHMENT 1 Harnett COUNTY RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Cypress Pointe Olde Cypress Point Highgreen Point Honey Brook Court Duly adopted this 17th day of February, 2014. • 7 • ATTt'g1 da 40 aA,i_ -pt(u, /61L -L Marg et Regina 1 eeler Clerk o the Board HARNETT COUNTY BOARD OF COMMISSIONERS Joe M er, Chairman strong roots • new growth www.harnett.org ATTACHMENT 2 Harnett C 0 U N TY RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Hadden Pointe Phase I Oxfordshire Drive Hadleigh Way Duly adopted this 17th day of February, 2014. ATTR®P , r ; t 414 i Mar;:aret Regi Wheeler Clerto the Board HARNETT COUNTY BOARD OF COMMISSIONERS strong roots • new growth www.harnett.org ATTACHMENT 3 Harnett COUNTY RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Mamie Bell Ridge Subdivision Mamie Ferguson Drive Marvin Ferguson Drive Mamie Bell Circle Duly ad.Qpted this 17`h day of February, 2014. ,�t''' rIt,, 0 Cr P MM/s62./o • ATTEST: Mar aret Regina eeler Cler to the Board strong roots new growth HARNETT COUNTY BOARD OF COMMISSIONERS Joe Miller, Chairman www.harnett.org ATTACHMENT 4 Harnett COUNTY RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Asheford Subdivision Asheford Way Lockwood Drive Lockhaven Court Wynngate Drive Havistock Court Chadwick Lane Wynnborne Circle Duly adopted this 17th day of February, 2014. s 4/ •./0 ..1 O1 .m7 ,moo ATTEST`:'`°, p; HARNETT COUNTY BOARD OF COMMISSIONERS M44: "A 2 arget Regina Wheeler Clerld to the Board strong roots • new growth Joe filler, Chaimian www.harnett.org ATTACHMENT 5 Harnett COUNTY RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. White Pines Subdivision Fred McLeod Lane Duly adopted this 17th day of February, 2014. HARNETT COUNTY BOARD OF COMMISSIONERS ATTgT',oOtt.=` fil 't\(xlf u4 r L! �i LC1 Mar aret Reginarheeler Clez to the Board strong roots new growth Joe l ler, Chairman www.harnett.org ATTACHMENT 6 Harnett C 0 U N TY RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Trotters Ridge Subdivision Kentucky Derby Lane Jockey Ridge Horse Whisperer Lane Duly adopted this 17th day of February, 2014. ;•�, HARNETT .�1 TY BOARD OF COMMISSIONERS off® k C✓`i � M! arg et Regina C1er to the Boar /. - eeler strong roots e new growth Joe Miller, Chairman www,harnett.org ATTACHMENT 7 Harnett COUNTY RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Walnut Grove Subdivision Saw Grass Court Walnut Grove Drive Winged Foot Drive Duly adopted this 17th day of February, 2014. : HARNETT COUNTY BOARD OF COMMISSIONERS ATTESt' Cl/Y/Cii( &LC> aret Regina to the Boa d strong roots • new growth oe 'ller, Chairman www.harnett.org ATTACHMENT 8 Harnett C 0 U NTY RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Fox Run Subdivision Prairie Lane Duly adopted this 17th day of February, 2014. HARNETT COUNTY BOARD OF COMMISSIONERS ATTR (Marg et Regina Clerk o the Board strong roots • new growth 4/ Joe Miller, Chairman www.harnett.org ATTACHMENT 9 Harnett COUNTY www.harnett.org A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendments to the articles of the UDO as listed below and recommends the adoption of the following amendments. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article II Section 5.0 "Nonconforming Sign"; Article IV Section 13.0 "Military Corridor Overlay District"; Article V Section 11.0 "Other Uses", 11.2.5 "Permit (Level II) Co -Location, Combination, attachment, Antenna Element Replacement, Replacement Towers, & Concealed Towers", 11.3 "Firearm Certification Facilities"; Article VII Development Design Guidelines, Section 2.0 "Street & Transportation Standards", Section 10.0 "Sign Requirements"; Article XI Section 5.0 "Board of Adjustment"; Article XII Section 5.0 "Variances"; Article XIV "Definitions & Certifications" of the UDO shall be amended to read as indicated in "Attachment". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 17th day of February, 2014 and effective upon adoption. \N` eco',144/ss`,•. /O /(0,A Marg HARN lit -- COUNTY BOARD OF COMMISSIONERS Joe M4fller, Chairman et Regin Wheeler, Clerk to t e Board strong roots • new growth ADD/ AMEND the following to.. ARTICLE II. NONCONFORMITIES SECTION 5.0 NONCONFORMING SIGNS All nonconforming signs existing on the effective date of adoption of zoning at the location of said sign may remain in place subject to the following requirements: 5.1 Continuation of Nonconforming Signs A. All existing nonconforming signs shall adhere to the following regulations (excluding Outdoor Advertising/ Billboard signs): 1. No nonconforming sign shall have any changes made in the words or symbols used or the message displayed on the sign unless the sign is specifically designed for periodic change of message (for example, billboards). However, this Ordinance shall not prohibit the normal maintenance of signs to keep them properly maintained. 2. No nonconforming sign shall be structurally altered so as to change the shape, size, type, or design of the sign, nor shall any nonconforming sign be relocated. 3. The addition of lighting or illumination to existing nonconforming signs is specifically prohibited as reasonable maintenance; however such lighting may be permanently removed from such sign structure. 4. No nonconforming sign shall be allowed to remain after the activity, business, or use to which it was related has been discontinued. B. Maintenance & Repair of Nonconforming signs 1. Nonconforming signs shall be allowed to perform reasonable repair and maintenance. The following activities are considered to be reasonable repair and maintenance (No Building permit shall be needed to make the following repairs with exception of Items c & e below): a. Change of message or copy on the sign face; b. Replacement of border and trim, stringer, or panel, with like material; c. Repair and replacement of a pole(s), with like material; d. Alterations of the dimensions of painted bulletins incidental to copy change; and; e. Any net decrease in the outside dimensions of the advertising copy portion of the sign; but if the sign face or faces are reduced they may not thereafter be increased. 2. A nonconforming sign may continue as long as it is not abandoned destroyed, discontinued, or significantly damaged as defined by this Ordinance. When the combined damage to the face and support poles appears to be significantly damaged the sign owner shall request the Harnett County Planning Department to review the damaged sign, including salvageable sign components, prior to the repairs being made. Should the sign owner perfoini repairs without notification to the Planning Depaitiuent, the perrnit may be revoked or the sign shall be removed. To determine the percent of damage to the sign structure, the only components to be used to calculate this value are the sign face and support pole(s). The percent damage shall be calculated by dividing the unsalvageable sign components by the original sign structure component quantities, using the following criteria: a. Signs on Wooden Poles The percentage of damage attributable to poles shall be 50 percent (50%) and the percentage of damage attributable to sign face shall be 50 percent (50%). b. Signs on Steel Poles,_Beams, or Monopoles The percentage of damage attributable to poles shall be 80 percent (80%) and the percentage of damage attributable to sign face shall be 20 percent (20%). C. Nonconforming Outdoor Advertising/ Billboard signs 1. As per G.S. 136-133.2, existing nonconforming outdoor advertising signs shall be allowed to be repaired or reconstructed so long as the square footage of its advertising surface area is not increased. This also includes the changing of an existing multipole outdoor advertising structure to a new monopole structure. 2. All nonconforming outdoor advertising signs that are required to be permitted by the North Carolina Department of Transportation, shall maintain all required permits in good standing for the life of the nonconformity. If at any point the NCDOT revokes these permits, the nonconforming sign shall come into compliance with current regulations or be removed. ARTICLE IV. ZONING & OVERLAY DISTRICTS SECTION 13.0 MILITARY CORRIDOR OVERLAY DISTRICT — MCO 13.4 REQUIRED REVIEW To ensure compliance with GS 153A-323, notification to the military installation shall be made on any adoptions or modifications to this Ordinance that may change or affect the permitted uses of land located within five (5) miles of a military installation. In addition, notification shall be made to the military installation on any development projects, including but not limited to subdivisions, site plans, telecommunications towers, and windmills located within the same distance. The military installation shall be afforded the opportunity to provide comment or analysis on such adoptions, modifications, or developments regarding compatibility. Any comments provided prior to the public hearing or other applicable final review shall be considered by the Board of Commissioners or approving body in rendering a final determination. ARTICLE V. USE REGULATIONS SECTION 11.0 OTHER USES 11.2.5 PERMIT (LEVEL II) CO -LOCATION, COMBINATION, ATTACHMENT, ANTENNA ELEMENT REPLACEMENT, REPLACEMENT TOWERS, & CONCEALED TOWERS B. Co -location & Combination 5.Applications entitled to the streamlined processes described in Section 153A- 349.53, North Carolina General Statutes, shall meet all the following requirements: a. The additional antenna array, transmission lines, and related ancillary equipment including the base station do not exceed the number of same items previously approved for such tower when originally approved, and the collocated facility is in complete conformance with the original conditions imposed on the tower upon which it is being attached. b. The proposed co -location shall not increase the existing vertical height of the tower by the greater of (i) more than ten percent (10%) or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet. c. The co -location shall not increase the ground space area approved in the communications tower site plan for equipment enclosures and ancillary facilities by more than 2,500 square feet. d. The existing tower on which the co -location will attach shall comply with applicable regulations, restrictions, and/or conditions, if any, applied to the initial wireless facilities placed on the tower. e. The proposed additional co -location and tower shall comply with all federal, state, and local safety requirements. The proposed co -location and ancillary equipment shall not exceed the applicable weight limits for the tower. Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, the proposed co -location shall not add an appurtenance to the body of a tower or wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) more than the width of the wireless support structure at the level of the appurtenance. f. g. 11.3 FIREARM CERTIFICATION FACILITIES All firearms certification facilities not operating or located on an approved firing range are required to obtain conditional use approval from the Harnett County Board of Adjustment. All certification facilities that contain a Bring range shall adhere to the following standards: A. The firearm certification facility's firing range shall only be utilized for the purpose of displaying the practical skills necessary to obtain certification in this area of instruction. The display of practical skills involving firearms must be conducted in the presence of a certified firearms instructor. B. The firing range shall only be occupied by a maximum number of two students and one certified firearms instructor during the qualifying session of the certification process. C. The firing range utilized for qualification purposes shall be constructed to be in compliance with the following requirements: 1. The range backstop shall be constructed in a manner to contain projectiles without risk of ricochet or escape. 2. The range backstop or berm shall be constructed to a minimum height of ten (10) feet. D. The firing range shall be located to the rear of any structure approved for occupancy that is located on the same parcel of property. E. The length of the range measured from the firing line to the backstop shall be no greater than thirty (30) feet. F. The range shall be designed to establish the direction of fire to be parallel or perpendicular to and away from all public right(s)-of-way. G. Facilities and structures shall adhere to all Federal, State and Local regulations and code requirements. H. The firing range shall be limited to the discharge of handguns only. ARTICLE VII. DEVELOPMENT DESIGN GUIDELINES SECTION 2.0 STREET & TRANSPORTATION STANDARDS 2.10 DEAD-END STREETS & CUL-DE-SACS 2.10.1 Dead -End Street Length & Width A permanent dead-end street shall not exceed 2,500 feet in length — measured from the centerline of its beginning point on a through street to the centerline of its end in the center of the turnaround of the cul-de-sac or the centerline at the end of a temporary turnaround. Stub out streets or intersecting cul-de-sacs shall not be points of measurement for dead-end streets. The distance from the edge of pavement on the vehicular turnaround to the right-of-way line shall not be less than the distance from the edge of pavement to right-of-way line on the street approaching the turnaround. Cul-de-sacs shall have a minimum 50 foot pavement radius and should not be used to avoid connection with an existing street or to avoid the extension of an important street, unless exception is granted by the DRB. SECTION 10.0 SIGN REQUIREMENTS 10.1 Sign Measurement Standards 10.1.1 Dimensions For the purpose of this Ordinance, the square feet area of the sign shall be measured to include the entire sign, including lattice work, fencing, or wall work incidental to its decoration. 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 parallelogram within which all the lettering can be included. 10.1.2 Height The height of a sign shall be measured from the highest point of a sign to the point of ground surface beneath it. Ornamentation such as columns, caps, spires, and finials shall not extend more than two (2) feet from the top of the sign. The use of berms or raised landscape areas is only permitted to raise the base of the sign to the mean elevation of the fronting street and shall not be used as a means to avoid compliance with regulations. 10.2 General Setback Requirements No sign may be located in, or overhang into, any public right-of-way except as permitted and erected by the North Carolina Depai nient of Transportation. Signs that are located within public right(s)-of-way shall be constructed to meet NCDOT standards. Signs shall be set back at least 10 feet from any public rights) -of -way line or property line. In cases where signs are placed at intersections, the minimum setback shall be 20 feet as measured from each right-of-way line or property line in both directions, except those erected for orderly traffic control and other municipal and governmental purposes. 10.4 Maintenance of Conforming Signs Whenever a sign becomes structurally unsafe or endangers the safety of a building or the public, the Administrator shall order that such a sign be made safe or removed. A period of 10 days following receipt of said order by the person, firm, or corporation owning or using the sign shall be allowed for compliance. A. A conforming business or outdoor advertising sign that has been destroyed or significantly damaged may be reconstructed within the limits of the rules and filling procedures set forth in this Ordinance. B. As per G.S. 136-133.2, conforming outdoor advertising signs shall be allowed to be repaired or reconstructed so long as the square footage of its advertising surface area is not increased. This also includes the changing of an existing multipole outdoor advertising structure to a new monopole structure. C. Conforming sign structures may be reconstructed so long as the reconstruction does not conflict with any applicable local, State, or Federal rules, regulations, or ordinances. D. Developments with existing conforming sign shall be allowed to make repairs without receiving permits, unless other local, State, or Federal rules apply. E. Conforming signs shall be allowed to perform reasonable repair and maintenance. The following activities are considered to be reasonable repair and maintenance (No Building permit shall be needed to make the following repairs with exception of numbers 3 & 5): 1. Change of advertising message or copy on the sign face. 2. Replacement of border and trim, stringer, or panel, with like material. 3. Repair and replacement of a pole(s), with like material or materials allowed by these regulations. 4. Alterations of the dimensions of painted bulletins incidental to copy change. 5. Any net decrease in the outside dimensions of the advertising copy portion of the sign; but if the sign face or faces are reduced they may not thereafter be increased beyond the size of the sign on the date it became nonconforming. No sign shall be allowed to remain after the activity, business, or use to which it was related has been discontinued. G. If at any time an outdoor advertising sign falls into a state of dilapidation, disrepair, or becomes abandoned or discontinued, as defined by this Ordinance, the permits for this sign shall be revoked. 10.8 Signs that Do Not Require a Permit 10.8. 12 Off -Site Directional Sign Setbacks for Religious Facilities Directional signs of less than six (6) square feet and referring only to religious facilities shall be located at least 10 feet from any public right(s)-of-way 10.10 Outdoor Advertising Signs 10.10.9 Dilapidated and Abandoned Signs If at any time an outdoor advertising sign falls into a state of dilapidation, disrepair, or becomes abandoned or discontinued, as defined by the latest edition of Regulations for the Control of Outdoor Advertising in North Carolina by the North Carolina Department of Transportation, and thus not a NCDOT permitted sign, the permits for such sign shall be revoked. ARTICLE XI. ADMINISTRATION & BOARDS SECTION 5.0 BOARD OF ADJUSTMENT 5.1 Establishment & Procedure of the Board of Adjustment (NCGS 153A-345) A. The Chairman of the Board of Adjustment is authorized in his official capacity to administer oaths to witnesses in any matter coming before the Board. Any member of the Board, while acting as chairman, shall have and may exercise like authority. B. All meetings of the Board shall be held at a regular place and shall be open to the public. The Board shall keep minutes of its proceedings, showing the decision of the Board upon each question, or if absent or failing to vote, an indication of such fact, and the final disposition of appeals shall be by recorded resolution indicating the reasons of the Board thereof, all of which shall be a public record. C. A concurring vote from the simple majority of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrator or to grant a Conditional Use permit. D. A concurring vote of four-fifths (4/5) majority of the Board shall be necessary to grant a variance from the provision of this Ordinance. ARTICL.F XII. AMENDMENTS, HEARING PROCEDURES, APPEALS & VARIANCES SECTION 5.0 VARIANCES A grant of relief from the requirements of this Ordinance may be requested, following the provisions of this Section, where unusual circumstances specific to the property exist, and where literal enforcement would result in unnecessary and undue hardship; provided however that the need for the variance was not caused by the applicant or property owner. This Section does not provide for use variances or enlargement of existing nonconformities beyond what this Ordinance provides for. Notice of variance requests shall follow "Evidentiary Hearing Notification Procedures" of this Article. 5.1 Zoning Variance Procedures Zoning regulation variances may be granted in such individual case of unnecessary hardships only upon findings by the Board of Adjustment after a public hearing that the following conditions exist. Additionally, the existence of a nonconforming use on neighboring land, buildings, or structures in the same district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variances. Individual variances may be made subject to conditions, as imposed by the Board of Adjustment. No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. Any other ordinance that regulates land use or development may provide for variances consistent with the provisions of this subsection. As per S.L. 2013-126, when unnecessary hardships would result from carrying out the strict letter of this ordinance, the Board of Adjustment shall vary any of the provisions of the ordinance upon a showing of all of the following: A. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. B. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. C. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. D. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved ARTICLE XIV. DEFINITIONS & CERTIFICATIONS SECTION 2.2 GENERAL DEFINITIONS Agriculture The tains "agriculture", "agricultural", and "farming" refer to all of the following: A. The cultivation of soil for production and harvesting of crops, including but not limited to fruits, vegetables, sod, flowers and ornamental plants; B. The planting and production of trees and timber; C. Dairying and the raising, management, care, and training of livestock, including horses, bees, poultry, and other animals for individual and public use, consumption, and marketing; D. Aquaculture as defined in GS 106-758; E. The operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm, including building and structure repair, replacement, expansion, and construction incident to the farming operation; and/or F. When performed on the farm, "agriculture", "agricultural", and "farming" also include the marketing and selling of agricultural products, agritourism, the storage and use of materials for agricultural purposes, packing, treating, processing, sorting, storage, and other activities perfoiiued to add value to crops, livestock, and agricultural items produced on the farm, and similar activities incident to the operation of a farm; and/ or G. A public or private grain/crop warehouse or warehouse operation where grain or crops are held 10 days or longer and includes, but is not limited to, all buildings, elevators, equipment, and warehouses consisting of one or more warehouse sections and considered a single delivery point with the capability to receive, load out, weigh, dry, and store grain or crops. Bar/Tavern An establishment in which alcoholic beverages are served as a primary source of income, alcoholic beverages are sold primarily by the drink, and where food or packaged liquors may also be served or sold.as deemed under the Alcoholic Beverage Control law in G.S. 18B-1000. Bed & Breakfast Residence A business in a private home of not more than eight (8) guest rooms that offers bed and breakfast accommodations for a period of less than one week and that meets all of the following criteria.: a. does not serve food or drink to the general public for pay; b. serves the breakfast meal, the lunch meal, the dinner meal, or a combination of all or some of these three meals, only to overnight guests of the home; c. includes the price of any meals served in the room rate; and d. is the pernianent residence of the owner or the manager of the business. Sign, Significantly Damaged A sign which has been damaged or partially destroyed due to factors other than vandalism or other criminal or tortious acts to such extent that the damage to the sign is greater than fifty percent.