Attachments 06-08-2021P2021-04(Attach #1)
06-08-2021
CITY OF DUNN, NORTH CAROLINA
STATE OF EMERGENCY — COVID-19
TERMINATION OF AMENDMENTS 1 AND 2
WHEREAS, on March 16, 2020 as Mayor of the City of Dunn, I determined and declared that
a State of Emergency existed within City of Dunn corporate limits in relation to the Covid-19
pandemic (the "Statement of Emergency"); and
WHEREAS, Amendments 1 and 2 were added to the State of Emergency on May 28, 2020
and July 7, 2020 respectively, to establish capacity limits at public meetings of the City and
public facilities of the City and to require face coverings for those entering and using City
facilities ("Amendments 1 and 2"); and
WHEREAS, Governor Roy Cooper issued Executive Order No. 215 on May 14, 2021 lifting
most face covering requirements, capacity restrictions and social distancing requirements
due to the vaccination of more than half of North Carolina's population.
NOW, THEREFORE, I hereby terminate Amendments 1 and 2 of the State of Emergency and
all the restrictions and orders contained therein. City facilities and public activities and
meetings will be open without restrictions unless applicable to the exceptions outlined in
Executive Order No. 215. I do encourage our citizens to respect and abide by mask
requirements of any businesses within our city limits and respect the rights of City staff and
visitors to wear mask at their discretion.
The Covid-19 State of Emergency issued on March 16, 2020 will remain in effect until
modified or rescinded.
This declaration shall take effect on May 19, 2021 at 4:00 p.m.
So Proclaimed, This, the 19th Day of May, 2021.
fi
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.`G\'CY OFF'%
®` �� • ' G2 =- William P. Elmore Jr., N a r
pORPORyT'•,Z
SEAL Attest:
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Ta my Williarl2 , City Clerk
® _ DUNN
city of dunn
2T,6,-e C=MCtqr malterr
R2021-17 (Attach #2)
06-08-2021
OF THE DUNN CITY COUNCIL
EXPRESSING APPRECIATION TO ANNE B. THOMPSON
UPON HER RETIREMENT
WHEREAS, Anne B. Thompson officially retired from the City of Dunn on June 1, 2021 as the
Human Resources Director with 10 years of service; and
WHEREAS, Anne began her career at City Hall in Human Resources in 2011; and
WHEREAS, Anne has proven herself to be a dedicated and efficient public servant who has gained
much admiration and respect from her fellow workers and the residents of the City of Dunn; and
WHEREAS, Anne has worked faithfully and diligently during her time here and has proven herself
to be one that you could depend upon to do whatever it took to get the job done; and
WHEREAS, the Covid-19 Pandemic brought many unexpected challenges in the year 2020 and
Anne devoted herself to staying informed so that the best decisions could be made for the safety and
care of our city's employees; and,
WHEREAS, the Mayor and City Council of the City of Dunn are desirous on behalf of themselves,
other City officials and employees, as well as the residents of the City of Dunn, of expressing to
Anne Thompson their deep appreciation and gratitude for the service rendered by her to the City over
the past ten years.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that we offer Anne
our very best wishes for success, happiness, prosperity and good health in her future endeavors.
This Resolution shall be incorporated into the official Minutes of the City of Dunn, and shall be in
full force and effect fr om and after this 8"' day of June, 2021.
P. Elmore,
Mayor
Attest:
C:5 William CMC A ��
City Clerk
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UNN All -America City
city of a«,,,,
zr��e cammunii`v matters
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1989*2011
Juneteenth 2021 P2021-05 (Attach #3)
06-08-2021
WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on January
1, 1863, declaring all slaves "shall be then, thenceforward, and forever free"; and
WHEREAS, it tools almost three more years of conflict and loss to bring about the end of
the Civil War and in December 1865, the Thirteenth Amendment to the United States
Constitution was nationally ratified, ending the sanctioned institution of slavery; and
WHEREAS, the news of freedom spread gradually throughout the nation and on June 19,
1865, Union Soldiers, led by General Gordon Granger, arrived in Galveston, Texas and
issued General Order No. 3 announcing freedom to some of the last slaves in America; and
WHEREAS, Juneteenth (June 19) became nationally recognized as National Freedom Day,
commemorating the abolition of sanctioned slavery in the United States; and
WHEREAS, the Wilkins Cemetery Community Committee, along with churches and other
organizations, will be hosting local celebrations in remembrance of this special day in
America's history.
NOW, THEREFORE BE IT RESOLVED that 1, Mayor William P. Elmore Jr., on behalf
of the City Council and our residents proclaim Saturday, June 19, 2021, as Jimeteenth, in
the City of Dunn and encourage our residents to become aware of the significance of this
celebration in African -American History and in the heritage of our nation and City.
Proclaimed this the 8"' day of June, 2021.
William P. Elmore Jr., Mayor
ATTEST:
Tammy�Wfllis, City Cleric
ILH.® d DL NN
city of dunn
2,Y4ere =Mff�y 2714&er.,
Miss Dunn 2020
P2021-06 (Attach #4)
06-08-2021
WHEREAS, Maya Bryant was crowned Miss Dunn 2020 on November 23, 2019; and
WHEREAS, Maya won the Miss Dunn pageant, which was comprised of young ladies across the
area, ages seventeen to twenty-four years; and
WHEREAS, it is appropriate to also recognize her mother, Cora Bryant, for her outstanding love
and support of Maya; and
WHEREAS, Maya, as Contestant #8, will represent Dorm and compete in the Miss North Carolina
Pageant on June 22-26, 2021 in High Point, North Carolina; and
WHEREAS, Maya will compete in evening gown, talent, and on stage question and interview; and
WHEREAS, Maya has diverse duties as Miss Dunn and numerous opportunities to provide a
positive role model for teenagers and children as she makes public appearances in order to raise
money and bring attention to her individual platform, "Arts at the Core: Arts Integration".
NOW, THEREFORE, BE IT RESOLVED that I, Mayor William P. Elmore Jr., on behalf of the
Dunn City Council and our residents do hereby recognize Maya Bryant as our very own,
"Miss Dunn 2020"
I further pronounce her as an Honorary Ambassador for the City of Dunn and celebrate her
achievements with her family and take great pride in knowing she will represent us well in the
upcoming pageant.
Proclaimed this the 8"' day of June, 2021.
William P. Elmore Jr., M V
r
ATTEST:
T y Will City Cleric
DUNN
® DuNoN
All -America City
city of Bunn
P2021-07 (Attach #5)
wiwe ava7nff vna&ela 06-05-2021
0
1989*2013
9Yiss Dunn's Outstanding Teen 2020
WHEREAS, Grayson Johnson was crowned Miss Dunn's Outstanding Teen 2020 on November 23,
2019; and
WHEREAS, Grayson won the Miss Dunn's Outstanding Teen, which was comprised of young
ladies across the area, ages thirteen to seventeen years; and
WHEREAS, it is appropriate to also recognize her parents, Stanley and Dana Johnson, for their
outstanding love and support of Grayson; and
WHEREAS, Grayson, as Contestant #31, will compete in the Miss North Carolina's Outstanding
Teen Pageant on June 22-26, 2021 representing the City of Dunn; and
WHEREAS, Grayson will compete in fitness, evening gown, talent, , on stage question and
interview; and
WHEREAS, Grayson has diverse duties as Miss Dunn's Outstanding Teen and numerous
opportunities to provide a positive role model for teenagers and children as she makes public
appearances in order to raise money and bring attention to her individual platform, "The H.O.P.E.
Project: Heroin, Opioid, Pill Epidemic".
NOW, THEREFORE, BE IT RESOLVED that I, Mayor William P. Elmore Jr., on behalf of the
Dunn City Council and our residents do hereby recognize Grayson Johnson as
"Miss Dunn's Outstanding Teen 2020"
I further pronounce her as an Honorary Ambassador for the City of Dunn and celebrate her
achievements with her family and take great pride in knowing she will represent us well in the
upcoming pageant.
Proclaimed this the 81h day of June, 2021.
a/-&f
William P. Elmore Jr., *or
ATTEST:
a Y
City Clerk
north carolina
UNN
city of Bunn
1ore I/ ma
2021-20221
02021-111Attach #6>
06-08-2021
CITY OF DUNN, NORTH CAROLINA
BUDGET
FY 2021-2022
The following represents the budget for the City of Dunn, North Carolina adopted
June 8, 2021, that the following fund revenues and total fund expenditures have been
approved for the fiscal year beginning July 1, 2021:
SECTION I. GENERAL FUND
General Fund Revenues
Ad Valorem Taxes
$
4,452,000
Local Option Sales Tax
$
2,523,000
Licenses/Permits/Fees
$
599,500
Investment Income
$
3,000
Utilities Sales Tax
$
703,000
Beer and Wine Tax
$
50,000
Powell Bill
$
265,000
Installment Financing Proceeds
$
607,000
Garbage/Recycling Charges
$
1,009,000
Grant Revenue
$
107,000
Fund Balance -Powell Bill
$
350,000
Other Revenue
$
1,346,500
TOTAL
$
12,015,000
General Fund Expenditures
General Government
$
2,803,950
Public Safety
$
4,198,900
Public Works/Cemetery
$
1,936,100
Sanitation and Waste Removal
$
826,500
Debt Service
$
962,050
Recreation
$
644,500
Library
$
293,000
Powell Bill -Streets
$
350,000
TOTAL
$
12,015,000
LEVY OF TAXES
There is hereby levied the following rate of tax on each one hundred dollars ($100.00)
valuation of taxable property, as listed for taxes as of January 1, 2021 for the
purpose of raising the revenue from current year's property tax, as set forth in the
foregoing estimates of revenue and in order to finance the foregoing appropriation:
GENERALTAX
Rate per $100 Valuation of Taxable Property $.50
SPECIAL DOWNTOWN TAX DISTRICT
Rate per $100 Valuation of Taxable Property $.12
Federal Funds from the American Rescue Plan, 2021:
All funds provided by the Federal Government (Treasury Department) through the
grant programs known as the American Rescue Plan (Coronavirus State and Local
Fiscal Recovery Funds for Non -Entitlement Units) and to be received by the City in
the 2020-2021 budget and the 2021-2022 budget and beyond will be allowed to be
carried over from year to year until expended as allowed and directed for COVIDI9
economic relief.
SECTION II. WATER AND SEWER
Revenues
Utility Charges -Water
$
3,310,000
Utility Charges -Sewer
$
2,800,000
Combined Fees
$
110,500
Penalties
$
80,000
Investment Income
$
500
Water Tower Site Rental
$
83,000
Eastover Sanitary District -Debt
Payment
$
192,000
Installment Financing Proceeds
$
960,000
Other Income
$
65,000
TOTAL
$
7,601,000
Expenditures
Administration/Finance $ 1,325,100
Water/Sewer Distribution and Collection $ 1,979,600
Water Treatment Plant $ 1,365,000
Waste Water Treatment Plant $ 1,588,400
Debt Service $ 1,342,900
TOTAL $ 7,601,000
SECTION III. STORMWATER FUND
A. Revenues
Stormwater Fees and
Borrowing $580,000
TOTAL $580,000
B. Expenses
Stormwater Expenditures $580,000
TOTAL
$580,000
SECTION IV. SPECIAL AUTHORIZATION -BUDGET OFFICER
A. The Budget Officer shall be authorized to affect interdepartmental transfers, in
the same fund, not to exceed $5,000.
B. The Finance Director is hereby designated Finance Officer and is authorized
to make interfund loans for a period of not more than 60 days. The Finance
Officer shall establish and maintain accounting procedures which are in
compliance with the Statutes of the State of North Carolina.
C. Interfund transfers, established in the budget document, may be
accomplished without recourse to the council.
SECTION V. RESTRICTION -BUDGET OFFICER
The interfund transfer of monies, except as noted in Section IV -paragraph B and C,
shall be accomplished by Council authorization only.
SECTION VI. UTILIZATION OF BUDGET AND BUDGET ORDINANCE
The Ordinance and the Budget Document, shall be the basis of the financial plan for
the Dunn Municipal Government during the 2021-22 fiscal year. The Budget Officer
shall administer the budget and shall insure that the operating facilities are provided
guidance and sufficient details to implement their appropriate portion of the Budget.
SECTION VII. DISTRIBUTION
Copies of this Ordinance shall be furnished to the Clerk, to the Council, and to the
Budget Officer and Finance Director to be kept on file by them for their direction in
the disbursement of funds.
Adopted this 8th day of June, 2021.
9eee 011llli/,ett
A�;G®Rpo/:N William P. Elmore,
Mayor
Attest: SEAL
/ °e ee
rat Ma. t �. t � Q t !t .-. Ott ¢ar to eee
Tammy Will
City Clerk
The budget ordinance, and all additional amendments, re able in the office of
the City Clerk, Dunn Municipal Building, Dunn, North Cli
City Manager
City of Dunn Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Administration
FEES
Misc. Fee & Charges
Copy of City Council Meetings & Other Meetings
CD/DVD
$5.00 per CD/DVD
CD/DVD provided by individual
$0.00
Xerox Copies- Blnek & 6Fhife
.100 per page
Returned Check Fee
$25.00
Sunshine List- except media
$10.00/year
§143-318.12 Public notice of official meetings.
The public body shall charge a fee to persons other than the
media, who request notice, of ten dollars ($10.00) per
calendar year, and may require them to renew their requests
quarterly.
Assessments
Water & Sewer Assessments
Water Main
To be determined - perjob/lineal ft.
Sewer Main
To be determined - perjob/lineal ft.
Curb & Gutter
To be determined - per job/lineal ft.
Sidewalk
To be determined - perjob/lineal ft.
Tile Openi Ditch/Piping
cost of materials
Building Inspections & Code Enforcement
FEES
New Dwelling - Single Fandly Dfellinu
Up to 1200 sq. ft.
$500.00
Over 1200 sq, ft.
.25¢ per sq. ft.
(Includes Electrical, Plumbing & Mechanical)
Note: This is total sq. ft., i.e. garage, porch, deck, etc.
included
Homeowners Recovery Fund - § 87-15.6.
$10.00
Additions & Rentodeliug - Residential
(Bedrooms, bathrooms, smnrooms, etc)
0 - 400 sq. ft.
$200.00
Over 400 sq. ft.
.25¢ per sq. ft.
(Includes Electrical, Plumbing & Mechanical)
Multi -Family Dwelling
First Unit
$350.06
Each Additional Unit
$150.00
(Includes Electrical, Plumbing & Mechanical)
Fee Schedule 6-14-2021 Budget 2022 final approved
City of Dunn Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Mobile Homes
Single -Wide Mobile Homes - (Building only)
$150.00
Double -Wide Mobile Homes - (Building only)
$175.00
Triple -Wide Mobile Homes - (Building only
$200.00
(Includes piers, tie -downs, steps, and decks)
Poured Footing Inspection
$50.00
Mechanical Permit Fee
$60.00
Electrical Permit Fee
$60.00
Plumbing Permit Fee
$60.00
Dtvellines Moved on Lot
$150.00
Trade Fees
$60.00/each
ResidentialAecessoVBWldhnes (Attached & Detached)
(Garages, storage buildings, pool houses, decks/screen
parches, etc)
0 to 400 sq. ft.
$50.00
401 to 800 sq. ft.
$100.00
801 to 1200 sq. ft.
$150.00
1200 sq. ft, and greater
Same As New Dwelling
Mechanical Permit Fee
$60.00
Electrical Permit Fee
$60.00
Plumbing Permit Fee
$60.00
Residential Trade Permits
Mechanical Permit Fee
$60.00
Electrical Permit Fee
$60.00
Plumbing Permit Fee
$60.00
Modular Hennes
$290.00
(Fee Includes Electrical, Plumbing and Mechanical)
Permit Fee for Non -Residential Construction
$0 to 5,000.00
$100.00
$5,001 to 25,000
$200.00
$25,001 to 50,000
$400.00
$50,001 to 100,000
$805.00
$100,001to 200,000
$1,610.00
$200,001 to 350,000
$2,815.00
$350,001to 500,000
$3,720.00
$500,001 to 750,000
$4,975.00
$750,001to 1,000,000
$6,230.00
Fees over $6,230 = plus 0.2% of each added million dollars or portion thereof
Fee Schedule 6-14-2021 Budget 2022 final approved
City of Dunn Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Plan Review Fees (Non -Residential OWL,)
(Includes Buil(ling, and Fire Review)
< 5,000 sq. ft.
$50.00
5,000 sq. ft. - 10,000 sq. ft.
$100.00
10,001 sq. ft. - 25,000 sq. ft.
$150.00
25,001 sq. ft. - 100,000 sq. ft.
$200.00
> 100,001 sq. ft.
$250.00
Miscellaneous Fees
Demolition Permit (May require asbestos report)
Residential
$60.00
Commercial
Use Commercial Rates
Residential Swimming Pools
$50.00 Plus Trade Fees
Permit Changes (Change of Contractor, Scope of lVork, eta)
$50.00
Permit Renewal (6 months to 2 years)
$100.00
Permit Renewal (More than 2 years)
New Permit Fees
Service Pole and Service Changes
$50.00
Change of Occupancy or Use Permit
$50.00
Reinspection Fee (1 - 7 items or approved plans not on site)
$50.00
Reinspection Fee (>8 items or after Ist Reinspection)
$75.00
Conditional Power Inspection (Commercial Only)
$50.00
Working Without Permit
Double Permit Fees
Sign Permit (requiring footings and wind calculations
$60.00
Misc. Inspection (dayeares/foster homes, etc.)
$75.00
ABC Permit Inspections
$75.00
Residential Deck or Handicap Ramp
$60,00
Residential Roof Replacement
$50.00
Residential Lawn Irrigation
$50.00
After Hours/Weekend/Holiday Inspections
$100/hr. (I hour minimum)
replacement Permit Inspection Card
$25.00
Fire Permit Fees
Construction Permits (Required)
Automatic Fire Extinguishing Systems
$35.00 plus $2 per nozzle
Battery Systems
$50.00
Compressed Gases
$50.00
Cryogenic
$50,00
Fire Alarm and Detection Systems
$35.00 plus $2.00 per device
Fire Pumps and Related Equipment
$50.00
Flammable and Combustible Liquids (UGST/AGST)
$50.00 Per Tank
(Piping)
$50.00
Hazardous Materials
$75.00
Industrial Ovens
$50,00
LP Gas Systems
$50.00
Fee Schedule 6-14-2021 Budget 2022 final approved
City of Dwm Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Private Fire Hydrants
$50.00 per Hydrant
Spraying or Dipping
$50.00
Standpipe Systems
$50.00
Temporary Membrane Structures and Tents
$50.00
OUerntionn(Perviih
Amusement Buildings
$50.00
Carnivals and Fairs
$75.00
Combustible Dust -Producing Operations
$50.00
Combustible Fibers
$50.00
Compressed Gases
$50.00
Covered Mall Buildings
$50.00
Cutting and Welding
$50.00
Dry Cleaning Plants
$50.00
Exhibits and Trade Shows
$75.00
Explosives
$100.00
- Fireworks Displays
$50.00
Flammable and Combustible Liquids
$50.00
Fumigations and Thermal Insecticidal
$50.00
Hazardous Materials
$200.00
HPM Facilities
$200.00
high -Piled Storage
$50.00
Hot Work Operations
$0.00
Liquid/Gas-Fueled Vehicles in Assembly Buildings
$50.00
Miscellaneous Combustible Storage
$50.00
Organic Coatings
$50.00
Private Fire Hydrants
$50.00 per hydrant
Pyrotechnic Special Effects Material
$50.00
Repair Garages and Motor Fuel -Dispensing Facilities
$50.00
Storage of Scrap Tires and Tire Byproducts
$50.00
Waste Handling
$50.00
Temporary Membrane Structures and Tents
$25.00
Fire,MILECdE Fees
Up to 3,000 sq. ft.
$35,06
3,001 sq. ft. to 5,000 sq. ft.
$45.00
5,001 sq. ft. to 10,000 sq. ft.
$65.00
10,001 sq. ft. to 25,000 sq. ft.
$95.00
25,001 sq. ft. to 50,000 sq. ft.
$125.00
50,001 sq. ft. to 100,000 sq. ft.
$165.00
100,001 sq. ft. to 500,000 sq. ft.
$215.00
> 500,000 sq. ft.
$300.00
Fee Schedule 6-14-2021 Budget 2022 final approved
City of Dunn Fee Schedule
Fee Schedule far FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Fire RLInspection Fees
Follow-up Reinspection
No Charge
1 at Reinspection
$45.00
2nd Reinspection
$65.00
3fd Reinspection
$85.00
Not remedied after 3rd Reinspection until corrected
$100 per day
Fire Plan Review Fees
Foy -Sprinkler & Fire Alarm
< 5,000 sq. ft.
$50.00
5,000 sq. ft. - 10,000 sq. ft.
$100.00
10,001sq. ft. -25,000 sq. ft.
$150.00
25,001 sq. ft. - 100,000 sq. ft.
$200.00
> 100,001 sq. ft.
$250.00
Weedy Lot Fees - Uncontrolled Growth
Price to Mot,
Lots .00 to .25 acres
$150.00
.26 to .50 acres
$200.00
.51 to 1.00 acres
$260.00
Each Additional Acre
$260.00
City Code Violations
Fire Code Citations (Section 8-381
Locked or Blocked Exit (1st offense)
$500.00/door
Locked or Blocked Exit (After 1st offense within 12 month period)
$1,000.00/door
Overcrowding (Exceeding posted occupant load)
$500.00/door
Overcrowding (After Ist offense within 12 month period)
$1,000.00/door
Illegal Burning
- First Offense
Written Warning
- Second Offense
$50.00
- Third Offense (Notify State of Air Quality Violation)
$100.00
Minimum Housing Code - 4-31
Noncompliance after 90 day order expires - 4-31(14)
$250.00/per day
Violation of Section 4-31(10)(a)
$100.00
Non -Residential Code - Art. VII
Noncompliance after 90 day order expires (First day) - 4-192
$150.00
- Noncompliance after first Citation
$50.00/per day
Dunn Public Library
FEES
Fines
Dunn Public Library follows the fee structure established by
the Harnett County Public Library
Fee Schedule 6-14-2021 Budget 2022 final approved
City of Dunn Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
One Week Items (DVD/Video) - begins after closing on due
date
0.50¢ per day
Maximum overdue fine for DVDNideos is limited to $20.00
One Week Items (magazines).- begins day after item due
.10¢ per day
Three Week Items (books) - begins loth day after item due
$1.00
Each additional day late
.100 per day
Maximum overdue fine for books is limited to $10.00
Fees
Lost or dantaned in
Actual cost of material
Fav
Incoming/outgoing
25¢/page All Faxes
Photocopies & PrinloaL
Black & White
10¢/page
Color
$ 1.00 per page
Color (11 x 17)
$2.00 per page
Replacement Library Card
$1.00
Books
Marks on pages non -obstructing of text
$5.00
Torn pages
$5.00
Torn cover
$5.00
Magazines
Damaged (torn pages)
$3.00
Audiobooks & DVDs
Audiobook missing disc
$10.00
Audiobook case damage
$8.00
Missing DVD case
$2.00
Missing DVD bonus material
$5.00
Public Works
FEES
Junk/Debris
Removal Fee
'Administrative/Processing Fee
$125.00
'Manpower
Hourly Rate of each employee
'Equipment/gas usage
Hourly Rate for each piece of equipment used
'Tipping Fees
Per submitted landfill ticket
Minimum removal fee plus administrative fee on all work
orders
< $50.00
Fee Schedule 6-14-2021 Budget 2022 final approved
City of Dunn Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Cemetery Services
Grave openinr/eloshm
Monday thru Friday
$700.00
Weekends and Holidays
$900.00
Um and infant fee
Y: of appropriate fee
Marker Foundation Base
Veteran/Government marker - furnished
No Charge
Base for other markers
$100.00
Cemetery Rates /All Cemeteries
Each Plot
$1,000.00
Cemetery Lot Transfer Fees & Deed Fees
Transfer Form only - without a printed deed
$20.00
Transfer Form - with a printed deed
$25.00
Deed Copies
$25.00
Parks & Recreation
FEES
Faetltty Use &Fees
Dunn Contmmnity Building
$500 + $300 deposit
Dr. P.K. Vvas M.D. Recreation Center
Membership Fees
$20/month = $200/year
(Includes use of Wellness/Fitness Rm & Racquetball Rm)
Pay Per Use Fee
$5,00 per person
Racquetball
$5.00 per person
Class Rental Fee
$15.00 per hour
Batting Cage (booked in 30 min. timeslots)
$5.00 per person
Multi -Purpose Room
$25/hr. + $50.00 deposit
Gym Rental Fees
$40/hr. +$100.00 deposit
Park Picnic Shelter Rental
$15 per hour
Tennis Court Rental Fee
$15 per hour
Open space Rental (non ball field)
$10 per hour
Athletic Field Rental
Without Lights
$200.00 per day
With Lights
$250.00 per day
Reserve fields without lights
$25.00/Hour (Max. 2 hours)
Reserve fields with lights
$30.00/hour (max 2 hours)
Youtk Sports Rertstratiar
Resident
$25 per player
Non -Residents
$60 one sport
$40 each additional sport
$40 each additional child
Fee Schedule 6-14-2021 Budget 2022 final approved
City of Dunn Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Sponsorship Fees
Saim Sports
T-ball and A league
$200.00
Girl's softball - 8u, 10u, 12u, 15u, 18u
$275.00
Boy's baseball - AA, AAA, Majors, Dixie Boys, Dixie Boys
Majors
$275.00
Miracle League team - effective 4/15/15
$275.00
Fall Sports
Soccer 4u, 6u, 8u
$175.00
Soccerl0u & 13u
$225.00
Adult League Snorts
Men's and Women's softball
$30 resident/$50 non-resident
Kickball
$30 resident/$50 non-resident
Men's Basketball
$30 resident/$50 non-resident
Volleyball, Walleyball, Pickelball
$30 resident/$50 non-resident
Late Fee for all Registrations
$5.00
C.B. Codrington Parkl Q& SiLL pning EM
Adults
$3.00
Children
$2.00
Pool Rental
$60/hr.-minimum 2 hours
Planning
FEES
PlarmhfgBoard Fees
Application for Rezoning or Conditional Zoning (per owner)
$500.00
Application for Conditional Use Permit
$700.00
Application for Ordinance Amendment/ General Plan
Amendment
$300.00
Application for Street/Alley Closing
$500.00
Application for Voluntary Annexation (per parcel)
$125.00
Board oPAdiushnent Fees
Application for Variance
$500.00
Application for Special Use Permit
$1,000,00
Appeal Zoning Administrator's Decision
$500,00
Development Permit Fee Schedule
Site plan and permit review
New Construction/Major Addition (per lot)
Single Family Home
$50.00
Single Family Home (in floodplain)
$100.00
Multi-family/Non-residential
$100.00
Multi-family/Non-residential (in floodplain)
$200.00
Fee Schedule 6-14-2021 Budget 2022 final approved
City of Dunn Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Minor Addition/Change In Use (ner lot)
Letter Fee
$100.00
nau nevrcw - ivra�ee� oign r�au
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Outdoor Advertising/High Rise (plus Inspection Fees)
$200A0 each
Temporary Banner/Windblown Signs
$20.00
Yard Sale Signs and Section 22-297 Signs
No Fee
- all signs removed within S
Cabinet
lots (including new residual
Preliminary Subdivision Plat Review Base Fee
*Base fee includes up to 3 lots including new residual parent
lot $200.00
*Additional lots exceeding 3 included in base fee $10/lot
Final Subdivision Plat Review Fee
*Base fee includes up to 3 lots including new residual parent
lot $150.00
*Additional lots exceeding 3 included in base fee $10/lot
*Additional fee for each lot including new residual parent lot $10/lot
Final Subdivision at Review Fee $200.00
*Additional fee for each lot including new residual parent lot $10/lot
9 Fee Schedule 6-14-2021 Budget 2022 final approved
City of Dunn Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Conslraclion Plaits Review Fee
Processing fee plus hourly rate for consultant review services
times the number of review hours
$75 minimum
*Not to exceed $250 unless Developer is notified that the fee
could exceed the cap amount.
Note: all plan review fees include three review of plans
submittals. If additional reviews are necessary, an additional
plan review fee will be assessed per plan review.
Publications
Copies (Black and White)
10¢/page
Maps
8 1/2" x I I"
$5.00
11"x 17"
$10.00
24" x 36"
$20.00
32" x 44"
$30.00
Custom Map = cost of map plus:
$50.00/hour
Lm'ge Formal Prints/Conies of Plaits
24" x 36" (B & W only)
$3.00/page
Land Use Plan
Paper (B & W)
$10.00
Paper (Color)
$20.00
CD (pdf)
$3.00
Zoning Ordinance
Paper (B & W)
$10.00
CD (pdf)
$3.00
Updates
Paper (B & W)
.10¢/sheet
CD (pdf)
$3.00
Pedestrian Plan/Bike Plan
Paper (B & W)
$10.00
Paper (Color)
$20.00
CD (pdf)
$3.00
Privilege License
Business Registration Fee
$40.00
Schedule B (fees regulated by the City of Dunn)
Beer "Off Premises"
$5.00
Beer "On Premises"
$15.00
Wine "Off Premises"
$10.00
Wine "On Premises"
$15.00
Alcohol Consumption at Public Special Events
$100.00
Food Truck
$40.00
10 Fee Schedule 6-14-2021 Budget 2022 final approved
City of Dunn Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Taxicab Fare
Taxicabs § 11-194.
$15.00 each driver
$1.95 for the first one -tenth (1/10) mile and $0.25 for each additional one -tenth (1/10) of a mile
($4.20 for first mile and $2.50 each additional mile)
Animal Control
FEES
Released Bach to Owner
Impound Fee
$25.00
Boarding
$10.00/day
Other Offenses
$10.00
Aggressive Does
1st Offense
$50.00
2nd Offense
$100.00
3rd Offense
$200.00
Pet Adoptions
Dogs
$85.00
Cats
$45.00
Rabies Shot
$10.00
Heartwonn Shot Test (optional)
$15.00
Police
FEES
Registration Fee for Solicitation or Peddling - § 11-73
$20.00
Apply in advance - valid for 30 days
Charitable Solicitation Permit Fees - §11-286
$20.00
Permit for application required 30 days in advance of event
Curfew Ordinance
1st offense - misdemeanor
$100.00
2nd Offense
$250.00
3rd Offense
$400 + imprisonment
False Alarm Responses (Sec. 13-52)
Sixth false alarm
$50.00
Seventh false alarm
$100.00
Eighth false alarm
$150.00
Ninth false alarm
$200.00
Ten (10) or more false alarms
$250.00
Graffiti Ordinance - §13-65
1st Offense - Civil Penalty
$250.00
2nd Offense
$500,00
Delinquency charge upon non-payment
$25.00
Misdemeanor for failure to pay
$1,000 and/or imprisonment
11 Fee Schedule 6-14-2021 Budget 2022 final approved
City of Dunn Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Noise Ordinance - §13-36.
Application & Permit Fee - 48 hrs. prior to event
$15.00
Security Deposit
$100.00
Initial citation
$50.00
Initial citation - not paid within 72 hours
add $25.00
2nd Offense within 12 months
$100.00
3rd Offense within 12 months
$250.00
Parade/Picket Line/Group Demonstration Permits-§14-3
$0.00
Parking Violations
Overtime Parking
$5.00
Double parking
$10.00
Parking in no Parking Zone
$10.00
Stopping, Standing or Parking within Intersection, on
Crosswalk, near Fire Hydrant, etc.
$10.00
Stopping in Street
$10.00
Parking in Fire Lane
$25.00
Parking in Loading Zone
$10.00
Obstructing passage of Public Conveyance or vehicle
$10.00
All Other Parking Violation
$10.00
Tobacco Free Ordinance Violations
$50.00
Storage Fee - Impound Lot (fee assessed once vehicle
released by courts)
$20.00/day
FINANCE DEPT.
FEES
Returned Check Fee
$25.00
Gurbnee Pickup
Residential Garbage Rate
$17.20 per month
Residential Yard Waste Rate
$3.20 per month
Curbside Recycling
Residential curbside pick-up (every other week)
$3.85 per month
(billing is included with City of Dunn utility bill)
Bulk pickup per unit service fee
$5.00 per month
Storm Water Fee
Non -Residential
$10.00 per month
Residential
$3.50 per month
Water/Sewer
FEES
After Hours Fee
$45.00
Non-payment Administrative Fee
$35.00
Late Fee
10% of outstanding bill
12 Fee Schedule 6-14-2021 Budget 2022 final approved
City of Dunn Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Water Rate Schedule
Inside City Limits
Minimum 2,000
$15.70 per month
2,001 to 4,000 gallons
$4.80 per 1,000 per month
4,001 to 6,000 gallons
$4.90 per 1,000 per month
6,001 to 8,000 gallons
$4.95 per 1,000 per month
8,001 +gallons
$5.00 per 1,000 per month
Outside City Limits
Minimum 2,000
$31.40 per month
2,001 to 4,000 gallons
$9.60 per 1,000 per month
4,001 to 6,000 gallons
$9.80 per 1,000 per month
6,001 to 8,000 gallons
$9.90 per 1,000 per month
8,001 +gallons
$10.00 per 1,000 per month
Industrial Rate
Inside City Limits
Minimum 2,000
$15.70 per month
2,001 to 4,000 gallons
$4.80 per 1,000 per month
4,001 to 6,000 gallons
$4.90 per 1,000 per month
6,001 to 8,000 gallons
$4.95 per 1,000 per month
8,001 to 500,000 gallons
$5.00 per 1,000 per month
500,001 + gallons
$2.90 per 1,000 per month
Outside City Limits
Minimum 2,000
$31.40 per month
2,001 to 4,000 gallons
$9.60 per 1,000 per month
4,001 to 6,000 gallons
$9.80 per 1,000 per month
6,001 to 8,000 gallons
$9.90 per 1,000 per month
8,001 to 500,000 gallons
$10.00 per 1,000 per month
500,001 + gallons
$5.80 per 1,000 per month
Government Bulk Rate
W/O minimum GPD guaranteed in contract
$4,80 per 1,000 per month
Minimum gpd guaranteed in contract
$2.25 per 1,000 per month
Server Rates
Inside City Limits
Base Rate
'/a" meter
$15.40(BR+$6.74/1,000) per month
1"
$28.95(BR+$6.74/1,000) per month
1'/2
$47.20(BR+$6.74/1,000) per month
2"
$66.60(BR+$6.74/1,000) per month
3"
$175.00(BR+$6.74/1,000) per month
4"
$194.00(BR+$6.74/1,000) per month
6"
$571.I0(BR+$6.74/1,000) per month
Sewer Only Residential
$50.00 per month
Sewer Only Commercial (requires metered usage)
$50.00(BR-h$6.74/1,000) per month
13 fee Schedule 6-14-2021 Budget 2022 final approved
City of Dunn Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Large Industrial User -Applies to a large sanitary sewer service where
the customer is billed monthly and discharges 1,000,000 gallons
(minimum of three months out of a rolling 12 months to qualify for this
rate) and where all wastewater is discharged into the sanitary sewer
system at a single discharge point
Base Rate (by meter size)+$5.80/1,000 per month
Outside City Limits
Base Rate
3/4" meter
$30.80 (BR+$13.48/1,000) per month
1"
$57.90 (BR+$13.48/1,000) per month
1%,
$94.40 (BR+$13.48/1,000) per month
2"
$133.20 (BR+$13.48/1,000) per month
3"
$350.00 (BR+$13.48/1,000) per month
4"
$388.00 (BR+$13.48/1,000) per month
6"
$1142.20 (BR+$13.48/1,000) per month
Sewer Only Residential
$100.00 per month
Sewer Only Commercial (requires metered usage)
$100.00 (BR+$13.48/1,000) per month
Large Industrial User -Applies to a large sanitary sewer service where
the customer is billed monthly and discharges 1,000,000 gallons
(minimum of three months out of a rolling 12 months to qualify for this
rate) and where all wastewater is discharged into the sanitary sewer
system at a single discharge point
Base Rate (by meter size)+$11.60/1,000 per month
Water & Sewer Tan Fee Schedule
All Taps Deposit required. Deposit are 50% of tap cost as
identied. All taps greater than 1 " are cost plus time and
material (Deposit Required) Deposits are 50% of tap cost.
DEPOSIT REQUIRED
Water Taps
Tap Restoration (Same as new Tap)
$500.00
In Town
3/4" Water Tap Fee
$1,500.00
1" Water Tap Fee
$1,800.00
Water Taps
Out of Town
3/4" Water Tap Fee
$2,500.00
1" Water Tap Fee
$3,000.00
Seaver Tans
Tap Restoration (Same as new Tap)
$500
4" (Direct tap to main and not to exceed 6Ft in depth. Tap fee plus time
& mateuialsfor core drilling or depths greater than 6Ft.)
$1,400
6" (Direct tap to main and not to exceed 6Ft in depth. Tap fee plhr time
and material for core drilling or depths greater Than 6 Ft.)
$1,600
Transfer Fee
$25.00
Temporary Landlord Connection
$35.00
Water Sample Fee
$50.00
Water Sample Fee - government bulk users
$25.00
14 Fee Schedule 6-14-2021 Budget 2022 final approved
City of Dunn Fee Schedule
Fee Schedule for FY 2021-2022
The City Manager shall have the authority to set any fee not otherwise listed and shall have the authority to make any
interpretations of any fee listed on this schedule.
Water Meter Tmaperinp Fee
Water cut-on/cut-off
$50,00
Lock
$100.00
Breaking cut off valve
$175.00
Damage to automated metering equipment (first occurrence)
$150 per incident
Damage to automated metering equipment (continued
occurrences)
$325 per occurrence
Meter Deposit Rates
Homeowners
$60,00
Rental Tenants
$100.00
Commercial Accounts
Based on Meter Size
3/4"-1 1/2" _ $100, 2"= $200, 3"= $300, 4"= $400, 6" =$600
Hydrant Meter (Deposit)
$100.00
Meter Rend Rearrest Rates
2 Read Requests per Calendar year no charge
$0.00
Additional Reads (if no error identified) cost per read
$25.00
Fireline Protection
2"
$12.00 per month
4"
$25.00 per month
6"
$50.00 per month
8"
$75.00 per month
10"
$110.00 per month
12"
$160.00 per month
Taxes
FEES
Property Tax Rate
Rate
.50¢/$100 valuation of taxable property
Downtown Dunn Tax District
.12¢/$100 valuation of taxable property
Vehicle License Fee
$30.00
Yard Sale Permit- limit 3/year
$2.00
§ //-253 - § 11-254 Administrative processing permit fee for no
more than 3 such permits lasting no more than 2 consecutive days
during any calendar year.
15 Fee Schedule 6-14-2021 Budget 2022 final approved
02021-12 (Attach #7)
06-08-2021
FOR REGISTRATION
Matthew S. Willis
REGISTER OF DEEDS
Harnett County, NC
2021 JUN 14 01:37:06 PM
BK:3998 PG:535-539
FEE:$26.00
INSTRUMENT # 2021013592
TWESTER
II III II I IIIIIIIIII III I I III IIII
IIIIII
2021013592
north Carolina
�L)UNIN
city of dunn
POST OFFICE BOX 1065 < DUNN, NORTH CAROLINA 28335
(910) 230-3500 ° FAX (910) 230-3590
www.dunn-nc.org
AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF
THE CITY OF DUNN, NORTH CAROLINA
Mayor
Oscar N. Harris
Mayor Pro Tem
Frank McLean
Council Members
Buddy Maness
Dr. Gwen McNeill
Billy Tait
Chuck Turnage
or, David L. Bradham
City Manager
Steven Neuschafer
WHEREAS, the City Council of the City of Dunn has been petitioned under G.S. 160A-31 to annex the
area described below; and
WHEREAS, the City Council has by resolution directed the City Clerk to investigate the efficiency of
the petition; and
WHEREAS, the City Cleric has certified the sufficiency of the petition and a public hearing on the
question of this annexation was held at the Dunn Municipal Building at 7:00 p.m. on June 8, 2021,
after due notice by publication on May 28, 2021; and
WHEREAS, the City Council finds that the area described therein meets the requirements of G.S.
160A-31;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that:
Section 1. By virtue of the authority granted by G.S. 160A-31, the following described territory
is hereby annexed and made part of the City of Dunn as of June 8, 2021:
1001 Susan Tart Road and parcels on western margin of Bruce Drive
PIN#1506-77-7440.000,1506-88-2105.000 and 1506-88-1668.000
DUNN
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First Parcel: 1001 Susan Tart Rd, PIN #1506-77-7440,000
BEGINNING at an existing concrete monument in the western margin of Bruce Drive right of
way, the southeast corner of property now or formerly owned by Donald W. Satterfield and
wife, Theresa B. Satterfield, Book 870, Page 509,
Thence continuing with the western margin of Bruce Drive S 00°14'29"E 1402.89 feet to an
existing concrete monument;
Thence S 05°14'11 "W 731.74 feet to an existing iron stake in the northern margin of the S R
1844 right of way, Thence S 05*11 '42"W 118.71 feet to an existing iron stake in the southern
margin of S R 1844 right of way, Thence S 05°10'38"W 160.24 feet to an existing iron pipe,
Thence S 61'09'38"W 1042.00 feet to a point; Thence N 05°48'30"E 182.00 feet to a point;
Thence N 09°49'30"E 114.00 feet to a point; Thence N 13°41'30"W 152.00 feet to a point;
Thence N 60°16'30"W 218.00 feet to a point; Thence N 64'36'30"W 158.00 feet to a point;
Thence N 65°21 '30"E 262.00 feet to a point; Thence N 00°15'39"W 1784.80 feet to an
existing iron pin; Thence N 01°24'54"W 408.23 feet to an existing iron pin;
Thence S 85°08' 43"E 297.82 feet to an existing iron pin; Thence N 88°49'40"E 292.38 feet to
an existing iron stake; Thence N 88049'40"E 290.00 feet to a point; Thence N88°26'58"E
230.14 feet to an existing concrete monument, the Point and Place of Beginning. (Portion of
this parcel is currently already located within the City of Dunn limits.)
Second Parcel: Bruce Drive, PIN# 1506-88-2105.000
BEGINNING at the northeast corner of the property owned by Susan Tart Property, LLC as
depicted in Book of Maps 2020 page 353, Harnett County Registry, thence; South 4 degrees
58 minutes 18 seconds East for a distance of 116.00 feet to the point of Beginning: thence,
South 4 degrees 58 minutes 18 seconds East for a distance of 1100.50 feet; thence North 83
degrees 48 minutes 49 seconds East for a distance of 24.86 feet; thence North 4 degrees 46
minutes 56 seconds West for a distance of 1100.62 feet: thence South 83 degrees 43 minutes
55 seconds West for a distance of 28.5 feet to the point and place of Beginning containing
0.67 acre, more or less.
Third Parcel: Bruce Drive, PIN#1506-88-1668.000
BEING a parcel 28.5' x 116' of lot No.50 of the J B Rouse Jr. subdivision,
BEGINNING in the southern line of a thirty-foot street which extends into the old Dunn -
Erwin Road at a point approximately two miles west of Dunn; said point being South 87
degrees 55 minutes West across said street 30 feet from the southeastern corner of Lot No. 2,
owned by the Gene D. McLeod (now or formerly) herein; runs thence, South 87 degrees 55
minutes West 28.5 feet to Dunn Meat Packers, Inc. fence; thence North 00 degrees 15
minutes West with Dunn Meat Packers, Inc. 116 feet to corner of fence; thence North 87
degrees 55 minutes East 28.5 feet the southern line of the said thirty-foot street; thence
South 00 degrees 15 minutes East with said street 116 feet to the beginning.
Section 2. Upon and after June 8, 2021, the above described territory and its citizens and
property shall be subject to all debts, laws, ordinances and regulations in force in the City of Dunn
and shall be entitled to the same privileges and benefits as other parts of the City of Dunn. Said
territory shall be subject to municipal taxes according to G. S. 160A-58.10.
Section 3. The Mayor of the City of Dunn shall cause to be recorded in the office of the Register
of Deeds of Harnett County, and in the office of the Secretary of State at Raleigh, North Carolina, an
accurate map of the annexed territory, described in Section 1 above, together with a duly certified
copy of this ordinance. Such a map shall also be delivered to the County Board of Elections, as
required by G. S. 163-288.1.
Adopted this 81h day of June, 2021.
William P. Elmore Jr.
Mayor
Attest:
Tam y Willian sjCMC
City Clerk
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1, Tammy Williams, City Cleric of the City of Dunn, do hereby certify that the foregoing is a true and
accurate copy of an annexation ordinance duly adopted by the City Council of the City of Dunn, North
Carolina, at a meeting held June 8, 2021, at 7:00 p.m. at the Dunn Municipal Building in the City of
Dunn, North Carolina.
IN WITNESS WHEREOF, I have here unto set my hand and have caused the official corporate seal of
said City to be affixed, this the 81h day of June, 2,Qt21o!f1o,,
(gy RA
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Tammy Willi s, CM �;e •.,° �� `a
City Clerk _- '' �9TH CPe,
�°�ieentcoQs�'
02021-13(Attach #8)
06-08-2021
MatthewlS, Willis
REGISTER OF DEEDS
Harnett CountNC
2023 JUN 34 01:I PM
BK.3998 PG:540-541
FEE:$26.00
INSTRUMENT # 2021013593
TWESTER
!,�1111111111
north carolina
UEL)UNN
city of Bunn
POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335
(910) 230-3500 • FAX (910) 230-3590
www.dunn-ne.org
Mayor•
William P. Elmore, Jr.
Mayor Pro Tern
Dr, David L. Bradham
Council Members
J. Wesley Sills
April L. Gaulden
Frank McLean
Billy N. Tart
Chuck Turnage
City Manager
Steven Neuschafer
AN ORDINANCE DECLARING THE PROPERTY HEREIN DESCRIBED AS UNFIT
FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160D-1203, ET SEQ.
WHEREAS, that on February 10, 2021 the Building Inspector for the City of Dunn sent a notice
to E rystle Fredrick the owner of record of the property located at 601 E. Vance St. that the property was
in a condition that does not meet the requirements of the City of Dunn Minimum Housing Code and
served on the property owner of Complaint and Notice of Hearing, that a hearing would be held on
February 22, 2021 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North
Carolina pursuant to North Carolina General Statute § 160D-1203, el seq.; and
WHEREAS, on February 22, 2021 a phone conversation was held with Krystle L. Fredrick and
following the completion of the hearing, the Building Inspector entered an Order, pursuant to North
Carolina General Statute §160D-1203, declaring that the property referenced above was deteriorated
pursuant to the City of Dunn Minimum Housing Code and ordering the property owner to bring the
property into compliance with the City of Dunn Minimum Housing Code within ninety (90) days of the
date of such Order, being May 24, 2021 and if necessary, that the property be vacated until the repairs,
alterations and improvements to the property were made to bring such property into compliance with the
City of Dunn Minimum Housing Code as set forth in Article VII of the Dunn City Code; and
WHEREAS, the owner of the above described property did not appeal the Order of the Chief
Building Inspector within the tern (10) day time period prescribed in Section 4-186 of the Dunn City Code
such Order is therefore a final Order; and
DUNN
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M4*20B
WHEREAS, on May 28, 2021 and June 1, 2021 the City of Dunn published legal notices that a
public hearing would be held before the Dunn City Council on June 8, 2021 to consider the adoption of
this Ordinance, directing the Chief Building Inspector to post on the main entrance of the property a
placard that states: This building is unfit for human habitation; the use or occupation of this building for
human habitation is prohibited and unlawful;." and
WHEREAS, the City Council of the City of Dunn, NC finds that the property described herein is
mkt for human habitation and that the Chief Building Inspector shall post the main entrance of such
property with the placard provided for herein; and
WHEREAS, the owner of this property has been given a reasonable opportunity to repair the
property pursuant to an Order issued by the Chief Building Inspector on February 22, 2021 and the owner
has failed to comply with the Order;
NOW, THE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina,
that:
Section 1. The Building Inspector is hereby authorized and directed to place a placard on the main
entrance of the building located on the property described herein, containing the legend:
"This building is unfit for human habitation; the use or occupation of this building for human habitation is
prohibited and unlawful."
on the structure located at the following address:
601 E. Vance St. Dunn, NC 28334
PIN #: 1516-87-4274.000
PARCEL ID#: 02151608540001
Section 2. It shall be unlawful for any person to remove or cause to be removed the placard
from any building to which it is affixed. It shall likewise be unlawful for any person
to occupy or to permit the occupancy of any building therein declared to be unfit for
human habitation. Occupation of the building once posted with said placard shall be
Class 1 misdemeanor pursuant to North Carolina General Statute § 160D-1203.
Section 3. This ordinance shall become effective upon its adoption.
Section 4. If the owner of the property described herein has not repaired, altered or improved
the property to bring it into compliance with Section 4-31 of the Dunn City Code within
twelve (12) months of the adoption of this Ordinance, the Building Inspector is directed
to bring the matter back before the City Council for further consideration of remedies
available to the City of Dunn under North Carolina General Statute §160D-1203.
Adopted this the 8"' day of June, 2021.
Attest:
ram:.
� '1" � U
Tammy Willial ,1CMC
City Clerk
°°IaU nNgq
OF
SF:
11111110%
9;- Z�gj
William P. Elmore, Jr.
Mayor
02021-14 (Attach #9)
06-08-2021
FOR REGISTRATION
MREGISTER OF+ DEEDS
Harnett Count NC
2021 .TUN 14 0MI:06 PM
BK:3FEE:526500-544
INSTRUMENT k 2021013594
TWESTER
I 1111111111111111111
2021013594
north W-IL)UNN
city of dit it n.
POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335
(910) 230-3500 ° FAX (910) 230-3590
www.dunn-nc.org
Mayor
William P. Elmore Jr.
Mayor Pro Tern
Dr. David L Bradham
Council Members
J. Wesley Sills
April L. Gaulden
Frank McLean
Billy N. Tart
Chuck Tumage
City Manager
Steven Neuschafer
AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH
THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED
PURSUANT TO N.C.G.S. §160D-1117, ET SEQ.
WHEREAS, that on March 15, 2021, the Building Inspector for the City of Dunn
sent a notice to Denise Butler, the owner(s) of record of the structures located at 809 N. Layton
Ave. noting that the structures are in a condition that constitutes a fire and safety hazard, and
are dangerous to life, health and property and were thereby condemned, pursuant to North
Carolina General Statute §160D-1117, et seq. and noticed the property owner of a hearing on
March 23rd, 2021 at the office of the Building Inspector located at 102 North Powell Ave., Dunn,
North Carolina pursuant to North Carolina General Statute §160D-1119 and §160D-1121; and
WHEREAS, on March 24th, 2021 a hearing was conducted by the Building
Inspector, Slater Johnson. Chief Building Inspector, Steven King and Denise Butler attended the
hearing. Following the completion of the hearing, the Building Inspector entered an Order,
pursuant to North Carolina General Statute §160D-1122, declaring that the structures
referenced above are in a condition that constitutes a fire or safety hazard and are dangerous to
life, health or other property and ordering the property owner to repair or demolish the
structures on the property within thirty (60) days of the date of such Order, being May 24th,
2021; and
DUNN
dlid�aericaBiiy
1 1 M ,41ere -ammum ma,Lfers
1989 $ 2013
WHEREAS, the owner of the above described structures did not appeal the Order of the
Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute
§160D-1123 and such Order is therefore a final Order; and
WHEREAS, on May 281", 2021 and June 1", 2021, the City of Dunn published legal
notices that a public hearing would be held before the Dunn City Council on June 8"', 2021 to consider
the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the
structures described hereby, and that all costs incurred shall be a lien against such property, pursuant
to North Carolina General Statute §160D-1125; and
WHEREAS, the City Council of the City of Dunn, NC finds that the structures
described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in
violation of North Carolina General Statute 160A-193; and
WHEREAS, the structures should be removed or demolished, as directed by the Chief
Building Inspector, and are an unsafe building condemned as set forth in North Carolina General
Statute §160D-1121 and §160D-1125 and constitutes a fire and safety hazard; and
WHEREAS, the owner(s) of the structures have been given a reasonable opportunity to
repair or demolish the structures pursuant to an Order issued by the Building Inspector on March 25111,
2021 and the owner has failed to comply with this order;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn,
North Carolina that:
Section 1. The Building Inspector is hereby authorized and directed to place a placard on the
exterior of the structures described herein, containing the legend:
"This building is unfit for human habitation and is a public nuisance; the use or occupation of this
building for human habitation is prohibited and unlawful."
On the structures at the following address
809 N Lavton Ave. Dunn, NC 28334
PIN #: 1517-60-8307.000
PID 4: 02151607450009
Owner: Denise Butler
Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or
demolish the above described structures in accordance with his Order to the owner thereof dated the
25t" day of March, 2021 and in accordance with North Carolina General Statute § 160D-1125, based on
the owner's failure to comply with such Order.
Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon
which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall
have the same priority and be collected in the same manner as the lien for special assessments in
Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien
against any other real property owned by the owner of the property within the City of Dunn, North
Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's
primary residence, pursuant to North Carolina General Statute § 160D-1125.
(b) Upon completion of the required removal or demolition, the Building Inspector shall sell the
useable materials of the structure and any personal property, fixtures, or appurtenances found in the
building and credit the proceeds against the cost of removal or demolition. The Building Inspector
shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials
and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus
with the Harnett County Cleric of Superior Court where it shall be secured in the manner provided by
North Carolina General Statute §160D-1125.
Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from
any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit
the occupancy of any building therein declared to be unfit for human habitation.
Section 5. This ordinance shall become effective upon its adoption.
Adopted this 8°i day of June, 2021.
/�
``,Ilunn,a
p\TY OP
O'
® �_ ®F4P0 'P� :®William P. Elmore,
® G figT�. -Mayor
® moo®
Attest: : y'•. SEAL.
••.......•
CARD
n ry/�lltlllltt\
Tammy Willi 's, CMC
City Clerk
CITY OF DUNN, NORTH CAROLINA
ORDINANCE AMENDMENT OA-01-21
CHAPTER 160D 02021-16 (Attach #10)
06.08-2021
WHEREAS, in accordance with the provisions of North Carolina General Statute 160D, the
Dunn City Council does hereby find and conclude that the Ordinance Amendment OA-01-21 is
reasonable and in the public interest because it brings the local Ordinances into compliance
with applicable North Carolina law. OA-01-21 (attached as part of this ordinance) consist of
amendments of the Dunn City Code in the following chapters:
® Chapter 2: Administration
• Chapter 9: Flood Damage Prevention
® Chapter 20: Subdivision of Land
• Chapter 22: Zoning
NOW THEREFORE BE IT RESOLVED, the Dunn City Council does hereby approve and adopt
the text amendments to the Zoning Ordinance and Subdivision Ordinance as presented.
Adopted this 811 day of June, 2021.
ATTEST:
may'
Tammy Williarr CMC
Clerk
CITY pc'%
;`GORPo �2"®
a'. SEAL
�T ' .....•• ' P
0"CARO`oO
William P. Elmore, Jr.
Mayor
ARTICLE IV. -BOARDS, COMMISSIONS, AND COMMITTEESM
Footnotes:
--- (6) ---
Cross reference— Library board of trustees, § 10-31 et seq.; recreation commission, § 15-31 et seq.;
board of adjustment, § 22-551 et seq.
DIVISION 1. - GENERALLY
Secs. 2-96-2-106, - Reserved.
DIVISION 2. - PLANNING BOARD M
Footnotes:
--- (7) ---
Cross reference— Subdivision of land, Ch. 20; zoning, Ch, 22,
State Law reference— Creation and duties of municipal planning agency, G.S. 160A-364 160D-301
Sec. 2-107. - Created.
There is hereby created a planning board to perform the functions and duties prescribed in this
division.
(Code 1974, § 2-13)
State Law reference — Extra territorial repre,entation on planning board _,160D-307
Sec. 2-108. - Membership and vacancies,
The planning board shall consist of seven (7) members. All members shall be citizens and residents
of the City of Dunn and shall be appointed by the city council, except extraterritorial members.
Representation from the adopted extraterritorial jurisdiction shall be provided by appointing at least one
(1) resident of the extraterritorial jurisdiction. An additional member shall be appointed to the planning
board to achieve proportional representation only when the population of the entire extraterritorial
jurisdiction constitutes a full fraction of the municipality's population divided by the total membership of the
planning board. Extraterritorial jurisdiction members shall be appointed by the board of county
commissioners, unless the county commissioners fail to make the appointment within ninety (90) days
after receiving notice of a vacancy, the council may make the appointment. The extraterritorial member(s)
may exercise all the powers and duties whether the matter at issue arises within the city or within the
extraterritorial area.
.0. 111110-1 WIN
e
of the members has already been
associated terms shall continue after the adootion of this ordinance. Vacancies occurring for reasons
other than expiration of terms shall be filled as they occur for the period of the un-expired term.
Faithful attendance at the meetings of the planning board and conscientious performance of duties
required of the members of the planning board shall be considered a prerequisite for continued
membership on the planning board.
(Code 1974, § 2-14; Ord: No. 02003-06, 8-7-03; Ord, No. 02005-08, 6-2-05)
Sec. 2-109. - Organization; rules; records; meetings; quorum.
The planning board shall meet and elect a chairperson and vice -chairperson within thirty (30) days
after passage of this revision and each January thereafter. The term of the chairperson and vice -
chairperson shall be one (1) year, with eligibility of re-election. The planning board shall keep a record of
its members' attendance and of its resolutions, discussions, findings and recommendations, which record
shall be a public record.
The planning board shall meet when necessary and in accordance with the provisions of N.C.G.S. §
143, art. 33C, "Public Meetings Laws". A quorum shall consist of a majority of the regular members,
excluding any unfilled vacancies for the purpose of taking any official action.
(Code 1974, § 2-15; Ord. No. 02003-06, 8-7-03)
Sec. 2-110. - Powers and duties.
AcquireIt shall be the duty of the planning board to:
an-understandinq-efpasttr4&Rds,preSeRt
(2)
(3)
participation in theIanninci process;
■ e-
may direct;
(6) Keep the �Ayseuncil-aad-t" �"Gs in#ermed-a+-id-adv;sed-as4 +;ese-matters To provide
(7) P-e fom any othe, �'�'��.,h,'Gh4pay4av4u#y-be assigned to it To pe form anV other reCated duties
that the city council ma direct.
(Code 1974, § 2-17)
State Law reference— Powers and duties of planning agency, G.S. ' xe�61- 160D-301.
Sec. 2-111. - Studies, research.
(a) As background for its comprehensive plan and any ordinances it may prepare, the planning board
may gather maps and aerial photographs of manmade and natural physical features of the area,
statistics on past trends and present conditions with respect to population, property values, the
economic base of the community, land use, and such other information as is important or likely to be
important in determining the amount, direction, and kind of development to be expected in the area
and its various parts.
(b) In addition, the planning board may make, cause to be made, or obtain special studies on the location,
condition, and adequacy of specific facilities, which may include, but are not limited to, studies of
housing; commercial and industrial facilities; parks, playgrounds, and recreational facilities; public and
private utilities; and traffic, transportation, and parking facilities.
(c) All city officials shall, upon request, furnish to the planning board such available records or information
as it may require in its work. The board may, in the performance of its official duties, enter upon lands,
make examinations or surveys, and maintain necessary monuments thereon.
(Code 1974, § 2-18)
State Law reference -- Plans—160D-501
Sec. 2-112. - Comprehensive plan and accompanying data.
(a) The comprehensive plan, with the accompanying maps, plats, charts, and descriptive matter, shall be
and show the planning board's recommendations to the city council for the development of such
territory, including, among other things, the general location, character, and extent of streets, bridges,
boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public ways; grounds
and open spaces; the general location and extent of public utilities and terminals, whether publicly or
privately owned or operated, for water, light, sanitation, transportation, communication, power, and
other purposes; and the removal, relocation, widening, narrowing, vacating, abandonment, change of
use, or extension of any of the foregoing ways, buildings, grounds, open spaces, property, utilities, or
terminals.
(b) The plan and any ordinances or other measures to effectuate it shall be made with the general
purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the
city and its environs which will, in accordance with present and future needs, best promote health,
safety, morals, and the general welfare, as well as efficiency and economy in the process of
development; including, among other things, adequate provision for traffic, the promotion of safety
from fire and other dangers, adequate provision for light and air, the promotion of the healthful and
convenient distribution of population, the promotion of good civic design and arrangement, wise and
efficient expenditure of public funds, and the adequate provision of public utilities, services, and other
public requirements.
(Code 1974, § 2-19)
State Law reference -- Zoning Regulation-- MOD-7 1. ct yerL.-
Sec. 2-113. -Amendments to zoning regulations.
The planning board may initiate, from time to time, proposals for amendment of the zoning
regulations, included in this volume as chapter 22, based upon its studies and comprehensive plan. In
addition, it shall review and make recommendations to the city council concerning all proposed
amendments to the zoning regulations.
(Code 1974, § 2-20)
State Law reference — Subdivision Reg ulat-on— 160D-801, Et seq.
Sec. 2-114. -Subdivision regulations and plats.
(a) The planning board shall review, from time to time, the existing regulations for the control of land
subdivision in the area, included in this volume as chapter 20, and submit to the city council its
recommendations, if any, for the revision of such regulations.
(b) The planning board shall review and make recommendations to the city council concerning all
proposed plats of land subdivision.
(Code 1974, § 2-21)
Cross referenee— Subdivision of land, Ch. 20.
Sec. 2-115. - Public structures and facilities.
The planning board shall review with the city manager and other city officials and report its
recommendations to the city council upon the extent, location, and design of all public structures and
facilities, on the acquisition and disposal of public properties, on the establishment of building lines,
mapped street lines, and proposals to change existing street lines. However, in the absence of a
recommendation from the planning board, the city council may, if it deems wise, after the expiration of
thirty (30) days from the date on which the question has been submitted in writing to the planning board
for review and recommendation, take final action.
(Code 1974, § 2-22)
Sec. 2-116. - Hearings.
The planning board may conduct such public hearings as may be required to gather information
necessary for the drafting, establishment, and maintenance of the comprehensive plan. Before adopting
any such plan, it shall hold at least one (1) public hearing thereon.
(Code 1974, § 2-23(a))
Sec. 2-117. - Promotion of public interest.
The planning board shall have 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 such other means of publicity and education as it may determine.
(Code 1974, § 2-23(b))
Sec. 2-118, - Attendance of conferences, etc.
Members or employees of the planning board, when duly authorized by the planning board, may
attend planning conferences, meetings of planning institutes, or hearings upon pending planning
legislation, and the planning board may, by formal and affirmative vote, pay, within the planning board's
budget, the reasonable traveling expenses incident to such attendance.
(Code 1974, § 2-23(c))
Sec. 2-119. - Submission of annual reports and budget requests.
The planning board shall annually submit in writing to the city council a report of its activities and an
analysis of the expenditures to date for the then current fiscal year. The board shall submit to the city
manager for budget consideration its requested budget of funds needed for operation during the ensuing
fiscal year.
(Code 1974, § 2-24)
Sec. 2-120. - Contributions and appropriations.
(a) The planning board is authorized to receive contributions from private agencies and organizations
and from individuals, in addition to any sums which may be appropriated for its use by the city council.
It may accept and disburse such contributions for special purposes or projects, subject to any specified
conditions which it deems acceptable, whether or not such projects are included in the approved
budget.
(b) The planning board is authorized to appoint such committees and employees, and to authorize such
expenditures, as it may see fit, subject to the limitations of funds provided for the planning board by
the city council in the city's annual budget.
(Code 1974, § 2-25)
DIVISION 3. -TECHNICAL REVIEW COMMITTEE
Sec. 2-121. - Created.
A technical review committee is hereby established for the purpose of reviewing the technical
aspects of development plans and for forwarding a recommendation to the planning board for approval or
denial bases on its findings.
(Ord. No. 02003-13, 12-10-03)
Sec. 2-122. - Composition.
(a) The technical review committee shall consist of:
City manager;
Public works director;
Public utilities director
The planning director;
TTo�sonorr 4 deveto, . eR"*6Gt r-
Flood plain administrator;
Chief building official;
C
Chief r^Grro l
Each member may select an alternate from that member's staff.
(b) The technical review committee shall meet on a regular basis to be determined by the volume of
submittals.
(c) Officers. The planning director shall serve as ah�chairpersan to the technical review committee
and shall provide a recording secretary for the purpose of maintaining permanent records of its
proceedings. The committee shall elect a vice-chairman eLrson to serve in the absence of the
ehairmanchai rperson.
(Ord. No. 02003-13, 12-10-03)
Sec. 2-123. - Powers and duties.
The technical review committee shall have the following powers and duties:
(1) To provide for a continuing, coordinated and comprehensive review of the technical aspects of
this division, and for the approval of certain technical aspects of development proposals;
(2) To review all technical aspects of development occurring within the jurisdiction of City of Dunn;
(3) To recommend approval or denial of development plans to the planning board based on a
technical review;
(4) To formulate a memorandum of understanding for each development which details the
cumulative comments and deficiencies discovered during the review process from each member.
It will also contain any agreements reached with the developer.
(5) Communicate with the developer to notify of the time, date, place of the meeting at which his
their development will be reviewed and to transmit a copy of the committee's memorandum of
understanding to the developer.
(6) To recommend to the planning board the closing of streets, alleys, easements and other right-
of-ways.
(7) To perform any other related duties that the governing body may direct.
(8) Each individual shall be responsible for the review of those items of the development plan
pertaining to their area of expertise. Comments shall be placed in writing and submitted to the
Ghain nchain erson at the meeting.
(Ord. No. 02003-13, 12-10-03)
State Law_reference - _Conflicts of Interest= 160D-109
DIVISION 4. - RE-S€RV€D_3Conflicts of Interest
Sec. 2-124 — Conflicts of Interest
(a} City Courcii A city council member shall not vote an any legislative decision regardino a
development regulation where the outcome of the matter being considered is reasonably IiKeiV to
have a direct, suDstantial, and readffy_��Ie financial impact on —themember PLcAY-q9JncH
member shall not vqLe��ndment if the anc�o��ect-tg-a
gplicant fora text amend
_Memtjs�erson with whom the member has a
(b) boards shall not vote���
neguiation where the outcome of the matter being onsidered
act on the
a landowner
with whom the member has a close ramlli2l, business, or other associational relatonsh-IL
(c) Administrative staff. No staff member nrq�ke a f�,,ned-decision on an administrative decision
that dueciLsion would have a direct, substantial, and
Staff membe� or H the aplckcarrt or other person sub'ec'
to that decision is a person with whom th ess or other
associational relationshlr'. If a staff member has a conflict -of interest under this section, the
_une�isor ofthestaff person or other such staff2erson
ion or other ordinance.
interested In a devel .-unless the
staff member is the owner of the land or buildo rivolved. No staff rnernber or other individual or
qj—
in any work that is 'inconsistent with his or her duties or with the interest of the City of Dunn. as
the' would violated affec artial decision maker.
s include, but no' limited to, a member ha
communications, a close familial, business, or other 2Ssociational reiationsiJinwith an affected
pinon or a financial interest in the outcome of the matter.
(a) Resolution of Ob action If an on ction is raise o a council o���2ct
or crier to the he or does not recuse himself R-®rherself
(f)
Footnotes:
--- (8)--
Eddnr'onote— Ord. No, 01O2047,adopted Aug. 1i.2020.repealed dk/4,§§2'i24--2'129,which
Secs. 2-124-2-129. - Reserved.
Chapter 9 - FLOOD DAMAGE PREVENTIONU
Footnotes:
--- (1) ---
Editor's note— Ord. No. 02006-06, adopted September 7, 2006, amended chapter 9, §§ 9-1-9-24 in its
entirety to read as herein set out. Formerly, chapter 9 pertained to similar subject matter, and derived
from Ord. No. 1995-002, Art. 1 (§§ A—D), Art. 2, Art. 3 (§§ A—H), Art. 4 (§§ A—E), Art. 5 (§§ A—E), Art.
6 (§ B), adopted April 6, 1995.
Cross reference— Buildings and building regulations, Ch. 4; emergency management, Ch. 7;
subdivision of land, Ch. 20; zoning, Ch. 22.
State Law reference— Floodplain regulation, G.S. 143-215.51 et seq.; assessments for flood protection,
G.S. 160A-238; municipal floodway regulations, G.S. 460A- 5 4. 160D-923
ARTICLE I. - STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES
Sec. 9-1. - Statutory authorization.
Municipal. The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143;
o � a , n o of Article 19 f Chapte, '�n�^d Article 8 of Chapter 160A of the North Carolina
General Statutes and Article 9 of Chapter 160D, delegated to local governmental the responsibility units
to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
County. The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts
3-andA-ef,4#{cle 18 of Chapter 63A; and T, A tide 5 of C apfer 153R and A icle 9 of Chapter
160D of the North Carolina General Statutes, delegated to local governmental units the responsibility to
adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
Therefore, the city does ordain as follows.
(Ord. No. 02006-06, Art. 1, § A, 9-7-06)
Sec. 9-2. - Findings of fact.
(a) The flood prone areas within the jurisdiction of the city 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
increases in flood heights and velocitie
vulnerable to floods or other hazards.
(Ord. No. 02006-06, Art. 1, § B, 9-7-06)
Sec. 9-3, - Statement of purpose.
s
cumulative effect of obstructions in floodplains causing
and by the occupancy in flood prone areas of uses
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:
(1) Restrict or prohibit uses that are dangerous to health, safety, and property due to water or
erosion hazards or that result in damaging increases in erosion, flood heights or velocities;
(2) That a hearing will be held before the floodplain administrator at a designated place and time,
not later than ten (10) days after the date of the notice, at which time the owner shall be entitled
to be heard in person or by counsel and to present arguments and evidence pertaining to the
matter; and
(3) That following the hearing, the floodplain administrator may issue an 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, they
shall issue an order in writing to the owner, requiring the owner to remedy the violation within a
specified time period, not less than sixty (60) calendar days, nor more than (180) calendar days.
Where the floodplain administrator finds that there is imminent danger to life or other property, they
may order that corrective action be taken in such lesser period as may be feasible.
(d) Appeal. Any owner who has received an order to take corrective action may appeal the order to the
local elected governing body by giving notice of appeal in writing to the floodplain administrator and
the clerk within ten (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 for which no appeal has been made or fails to comply with an order of the
governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be
punished at the discretion of the court.
(Ord. No. 02006-06, Art. 4, § D, 9-7-06)
Sec. 9-50. -Variance procedures.
(a) The city board of adjustments, as established by the city, hereinafter referred to as the "appeal
board", shall hear and decide requests for variances from the requirements of this chapter oursuant
to North Carolina General Statute §160D-705 d .
(b) Any person aggrieved by the decision of the appeal board may appeal such decision to the court, as
provided in G:S-ch-.-7A North Carolina General Statute §160D-1402.
(c) Variances may be issued for:
(1) The repair or rehabilitation of historic structures upon the determination that the proposed
repair or rehabilitation will not preclude the structure's continued designation as a historic
structure and that the variance is the minimum necessary to preserve the historic character and
design of the structure.
(2) Functionally dependent facilities if determined to meet the definition as stated in article II,
provided provisions of subsections (i)(2), (3), and (5) have been satisfied, and such facilities are
protected by methods that minimize flood damages.
(3) Any other type of development, provided it meets the requirements stated in this section.
(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 others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
Chapter 20 - SUBDIVISION OF LANDU
Footnotes:
--- (1) ---
Cross reference— Buildings and building regulations, Ch. 4; flood damage prevention, Ch. 9; streets and
sidewalks, Ch. 19; utilities, Ch. 21, zoning, Ch. 22.
State Law reference— Regulation of subdivisions by municipalities, G.S
160D-801-160D-808
ARTICLE I. - IN GENERAL
Sec. 20-1. - Title of chapter.
This chapter shall be known and may be cited as the "Subdivision Ordinance for the City of Dunn,
North Carolina," and may be referred to as the subdivision regulations.
(Code 1974, § 21-1)
Sec. 20-2. - Purpose of chapter.
The purpose of this chapter is to support and guide the proper subdivision of land within the
jurisdiction of the city and its adopted extraterritorial area, in order to promote the public health, safety,
and general welfare of its citizens. This chapter is designed to promote the orderly development of the
city, for the coordination of streets and highways within proposed subdivisions with existing or planned
streets and highways and with other public facilities and utility uses, and for the distribution of population
and traffic which shall avoid congestion and overcrowding and which will create conditions essential to
public health, safety, and general welfare. This chapter is designed to further facilitate the adequate
provision for water, sewerage, parks, schools, and playgrounds, and also to facilitate the further
resubdivision of larger tracts into smaller parcels of land.
(Code 1974, § 21-2)
Sec. 20-3. - Authority of chapter.
The city hereby exercises its authority to make and issue subdivision regulations as granted by G.S.
1�&A-� 160D-801
(Code 1974, § 21-3)
Sec. 20-4. -Jurisdiction of chapter.
On and afterdufy-6, 1-995 June 8, 2021, the regulations contained in this chapter shall govern each
and every subdivision within the corporate limits of the city and within its one -mile extraterritorial area.
(Code 1974, § 21-4; Amend. of 7-6-95)
Sec. 20-5. - Effect of chapter on previously approved subdivisions.
No subdivision for which a final plat has been approved under the provisions of the previously
enacted subdivision regulations shall be affected in any way by the enactment of this chapter. Any
subdivision or portion thereof for which a preliminary plat has been approved under a previous
subdivision ordinance may comply with the requirements of the previous ordinance for all portions of that
subdivision for which a final plat is approved within six (6) months from Joty� a June 8 2021, Any or
all subdivisions for which preliminary plat approval has not been granted by or after Jul)r ; June 8,
2021, shall be required to comply with this chapter.
(Code 1974, § 21-5; Amend. of 7-6-95)
Sec. 20-6. - Definitions.
In the construction of this chapter, the definitions contained in this article shall be observed and
applied, except when the content clearly indicates otherwise. In further amplification and for clarity of
interpretation of the context, the following shall apply:
Words used in the present tense shall include the future; and words used in the singular number
shall include the plural number, and the plural the singular.
The word "shall" is mandatory and not discretionary. The word "may" is permissive
The word "lot" shall include the words "piece" "parcel", and "plots" the word "building" includes all
structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include
the phrases "arranged for", "designed for", "intended for", and "occupied for".
Moskowitz, Harvey S. and Carl G. Lindbloom. The Latest Illustrated Book of Development
Definitions, New Expanded Edition. Rutgers: The State University of New Jersey, 2004 and any edify
or updates thereto shall supplement this listing providing further clarity and additional definitions.
Abutting means that the property directly touches another piece of property
Alley means a minor right-of-way privately or publicly owned, primarily for service access to the back
or side of properties.
Block means a piece of land bounded on one (1) or more sides by streets or roads.
Buffer strip means a landscaped area intended to separate and partially obstruct the view of two (2)
abutting land uses or properties from one another.
Building setback line means a line, parallel to the front property line, in front of which no structure
shall be erected.
Corner lot means a lot which abuts the right-of-way to two (2) streets at their intersection.
Dedication means a gift by the owner of his property to another party without any consideration being
given for the transfer. Since a transfer of property is involved, the dedication is made by written
instrument and is completed with an acceptance.
Development means the subdivision of land into two (2) or more parcels, the construction or
reconstruction, conversion, structural alteration, relocation, or enlargement of any structure, any mining
excavation, landfill, land disturbance, and any use or extension of the use of land.
Easement means a grant by the property owner for use by the public or any person of a strip of land
for specific reasons.
Extraterritorial jurisdiction means that land lying within one (1) mile in all directions of the corporate
limits and not located in the corporate limits of any other municipality. If land lies outside of a municipality,
the jurisdiction of each municipality shall terminate at a boundary line equidistant from the respective
corporate limits of each municipality.
divisions of land involving the dedication of a new street or a change in existing streets, provided that the
following shall not be included within this definition nor be subject to the regulations prescribed by 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 to or exceed the
standards of the city as required by this chapter;
(2) The division of land into parcels greater than ten (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 or for
public transcortaticn system corridors;
(4) The division of a tract of land in single ownership, whose entire area is no greater than two (2)
acres, into not more than three (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 city, as required by this
chapter.
6_ The division of a tract into parcels in accordance with the terms of a probated will or in
accordance with intestate succession under Chapter 29 of the North Carolina General Statutes.
Subdivision, minor means any subdivision involving three (3) lots or less abutting on an existing
public street u which:
(1) Will not require any new public street or street improvements to give access to parcels;
(2) Will not require extension of public water or sewer;
(3) Will not create any new or residual parcels which do not satisfy the standards of the city; and
(4) Will not adversely affect the development of the remainder of the parcel or of adjoining
property.
Thoroughfare plan means the thoroughfare plan adopted by the city and the state highway
commission as the basis for the development of the street and highway system in the city.
(Code 1974, § 21-6; Amend. of 7-6-95; Ord. No. 02009-08, 6-9-09)
Footnotes:
--- (2)
Land -locked properties existing on June 9, 2009, may apply for minor subdivision approval provided that
each resulting lot be included in a legally established access easement of no less width than twenty (20)
feet and no longer along its centerline than one thousand one hundred (1,100) feet measured to the
beginning point along a public right-of-way. In no case shall access begin from an existing easement. In
no case shall an access easement be established for duplex or multi -family developments.
Sec. 20-7, - Compliance with official plans.
All subdivisions of land and any facilities or improvements therein within the jurisdiction of this
chapter shall conform and comply with all plans and ordinances adopted by the city council at the time of
submission of the preliminary plat.
(Code 1974, § 21-9)
Sec. 20-8. -Amendment procedure.
This chapter may be amended from time to time by the city council, but no amendment shall become
effective unless it has been submitted to the planning board for review and recommendation. The
planning board shall have thirty (30) days 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. Further,
no amendment to this chapter shall become effective until the city council has held a public hearing on
the proposed amendment. Notice of the public hearing shall be published once per week for two (2)
successive weeks in a newspaper of general circulation within the planning area. The notice shall be first
published not less than fifteen (15) days nor more than twenty-five (25) days prior to the date fixed for the
hearing. The notice shall indicate the date, time, and place of the hearing and shall include a statement of
the substance of the proposed amendment.
(Code 1974, § 21-7)
Sec. 20-9. - Variances.
If, because of topographical or other conditions peculiar to the site, strict adherence to the provisions
of the regulations of this chapter would cause an unnecessary hardship, the planning board may
recommend and the city council may authorize a variance, if such variance can be made without
destroying the intent of this chapter. Any variance thus authorized is required to be entered in writing in
the minutes of the planning board and of the city council, and the reasoning on which the departure was
justified set forth.
(Code 1974, § 21-8)
Sec. 20-10. - City acceptance of dedicated lands or facilities.
The approval of a plat shall not be deemed to constitute or effect the acceptance by the city or public
of the dedication of any street or other ground, public utility line, or other public facility shown on the plat.
However, the city council may, by resolution, accept any dedication made to the public lands or facilities
for streets, parks, public utility lines, or other public purposes when the lands or facilities are located
within the subdivision regulation jurisdiction. Acceptance of dedication of lands or facilities located within
the subdivision regulation jurisdiction but outside the corporate limits of the city shall not place on the city
any duty to open, operate, repair, or maintain any street, utility, line, or other land or facility. The city shall
in no event be held to answer in any civil action or proceeding for failure to open, repair, or maintain any
street located outside the corporate limits.
(Code 1974, § 21-10)
Sec. 20-11. - No service or permits until final plat approved
No street shall be maintained or accepted by the city, nor shall any permanent water or sewer
connection be made with any subdivision of land, nor shall any permit to occupy any premises within such
subdivision of land, nor any permit for permanent electrical connection be issued, unless and until the
requirements set forth in this chapter have been complied with, and the final plat has been approved by
the city council.
(Code 1974, § 21-11)
Sec. 20-12. - Penalty for violation of this chapter.
After duly 6, 1995 June H 2021, any person who, being the owner or agent of the owner of any land
located within the planning and development regulation jurisdiction of the city, thereafter subdivides the
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 this chapter
and recorded in the office of the county register of deeds, shall be guilty of a Class 'I 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 city, through its attorney
or other official designated by the council, may enjoin illegal subdivision, transfer, conveyance, or sale of
land by action for injunction, Purther vielations o etien;-to
sn c„ /cr : _.....e^F ^� _,,;may ro-�;4--^,: Building Permits may be denied for Tots that have
abate the violation ar to prevent a �egal act or conduct
(Code 1974, § 21-12; Amend. of 7-6-95)
Secs. 20-13-20-40. - Reserved.
ARTICLE II. - PLATSM
Footnotes:
--- (3) ---
State Law reference— Plat approval regulations for subdivision ordinances, G.S. -I&BA a73. 160d-803
Sec. 20-41. - Sketch plan.
Prior to preliminary plat application, the subdivider may submit to the city manager or the city
manager's designee a simple sketch plan of the proposed subdivision. At the meeting during which the
proposed development is to be reviewed, the developer may obtain advice and assistance. This process
is not mandatory, but it is intended to inform the subdivider of the purpose of this chapter and to assist the
subdivider in planning the development.
(Code 1974, § 21-13; Amend. of 7-6-95)
Sec. 20-42. - Preliminary plat.
(a) Generally. The subdivider shall submit at least three (3) copies of the preliminary plat to the
secretary of the planning board not less than fifteen (16) days prior to a regular meeting of the
planning board. The preliminary plat shall be prepared by a surveyor or engineer licensed to practice
in the state.
(b), Scale. The preliminary plat shall be drawn to a minimum scale of one hundred (100) feet to one (1)
inch and shall be drawn on a sheet fourteen (14) inches by eighteen (18) inches or seventeen and
one-half (17'/z) inches by twenty-two (22) inches. In addition, a reduced eleven (11) by seventeen
(17) copy shall be submitted at the time of filing of the preliminary plat.
(c) Administrative fees. At the time of submission of the preliminary plat, the subdivider shall pay to the
city treasurer the current filing fee.
(d) Contents required. The preliminary plat shall depict or contain the following information; plats not
illustrating or containing the following data shall be returned to the subdivider or the authorized agent
for completion and resubmission:
(1) The location of existing and platted property lines, streets, buildings, cemeteries, watercourses,
railroads, transmission lines, sewers, bridges, culverts and drainpipes, water mains, city limit
(4) Upon approval of the final plat, the planning board shall submit such plat to the city council with
its recommendation. The city council shall approve or disapprove the final plat within forty-five
(45) days.
(5) Action by the planning board and city council shall be noted on the original mylar tracing and
on the three (3) prints of the final plat. One (1) print and the original mylar tracing of the plat
shall be returned to the subdivider, one (1) print shall be filed with the city clerk, and one (1)
print shall become a permanent record of the planning board.
(6) The approved final plat must be recorded with the register of deeds of the county within six (6)
months after approval by the city council, or the approval shall become null and void. Upon
receiving the final plat, the register of deeds shall comply with G.S. 468 373. 160D-803
(Code 1974, § 21-15; Amend. of 7-6-95)
Sec. 20-44. - Minor subdivision approval process.
(a) Applications which meet the criteria for minor subdivisions, as defined in this chapter, may be
submitted to the city manager or the city manager's designee for final approval. Any person who
proposes a minor subdivision must consult with the city manager or the city manager's designee to
ensure that the subdivider understands the requirements for approval of the plat to be submitted. A
plat which has been reviewed and given approval by the city manager shall be certified as such by
signature.
(b) Any minor subdivision plat so approved must be recorded in the office of the register of deeds within
six (6) months of the date of approval. Two (2) copies of the recorded plat must be submitted to the
city upon being filed with the office of the register of deeds. No permits shall be issued by the city
until such copies have been received.
(c) The minor subdivision process may not be used a second time on the original parcel within three (3)
years of the date of recordation by the office of register of deeds.
(Amend. of 7-6-95)
Secs. 20-45-20-65. - Reserved.
ARTICLE III. - REQUIRED IMPROVEMENTS
Sec. 20-66. - Performance guarantee.
(a) The subdivider shall comply with one (1) of the following guarantees prior to final plat approval:
(1) All required improvements have been installed by the subdivider in accordance with the
requirements of this chapter;
(2) Surety bond issued by any company authorized to do business in this State;
(3) Letter of credit issued by any financial institution licensed to do business in this sState;
(4) Other form of guarantee that provides equivalent security to a surety bond or letter of credit.
(b) The performance guarantee shall be returned or released, as appropriate, in a timely manner upon
the acknowledgement by the city or county that the improvements for which the performance
guarantee is being required are complete. If the improvements are not complete and the current
performance guarantee is expiring, the performance guarantee shall be extended, or a new
performance guarantee issued, for an additional period until such required improvements are
complete. A developer shall demonstrate reasonable, good faith progress toward completion of the
required improvements that are the subject of the performance guarantee or any extension. The form
of any extension shall remain at the election of the developer.
(c) The amount of the performance guarantee shall not exceed one hundred twenty five percent (125%)
of the reasonably estimated cost of completion at the time the performance guarantee is issued. Any
extension of the performance guarantee necessary to complete required improvements shall not
exceed one hundred twenty five percent (125%) of the reasonably estimated cost of completion of
the remaining incomplete improvements still outstanding at the time the extension is obtained.
(d) The performance guarantee shall only be used for completion of the required improvements and not
for repairs or maintenance after completion.
foliowlrg-
_ (11 The citL
21 The developer et whose request or for whose benefit such performance guarantee is given.
(Ord. No. 02017-11, 4-11-17)
Editor's note— Ord. No. 02017-11, adopted Apr. 11, 2017, amended § 20-66 in its entirety to
read as herein set out. Former § 20-66 pertained to guarantee of improvements and derived from
Code 1974, § 21-16; and an amendment adopted July 6, 1995.
Sec. 20-67. - Generally.
The following improvements shall be required to be installed or their installation guaranteed by the
subdivider prior to approval of the final plat: grading to the entire width of the street right-of-way; paving
roadways at the designated widths; installation of public water and sewer systems; provision of storm
drainage; and permanent reference points. Legal agreements providing access and/or maintenance of a
traveled way shall be drafted and submitted prior to approval of the final plat. Minor subdivisions within
the municipal boundary shall be responsible for all utility improvements. Utility access is available at the
public right-of-way or other location(s) designated by the public works director. All required municipal
services shall be considered delivered at the designated location(s).
(Code 1974, § 21-17; Ord. No. 02009-08, 6-9-09)
Sec. 20-68. - Areas subject to flooding.
Lands known to be within a 100-year floodplain or any area known to be subject to flooding shall be
subject to the limitations and regulations provided in the city floodplain management ordinance and the
city floodway regulations.
(Code 1974, § 21-18)
Cross reference— Flood damage prevention, Ch. 9.
Sec. 20-69. - Fill areas.
Areas that have been used as sanitary landfills and areas that have been used for the storage or
disposal of toxic chemicals shall not be subdivided into commercial or residential building sites. Further,
any areas that have been used for disposal of trash, demolition waste, and other waste materials shall not
be subdivided unless and until compaction tests have been certified by a licensed engineer.
(Code 1974, § 21-19)
Sec. 20-70. - Sedimentation pollution control
In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies, or
other drainage networks, the subdivider shall comply with all requirements of the North Carolina
Sedimentation Pollution Control Act of 1973, as amended or recodified or replaced and any locally
adopted sediment control ordinances.
(Code 1974, § 21-20)
Sec. 20-71. - Preservation of cultural resources.
In order to prevent the destruction of the city's fragile and nonrenewable cultural resources, it is
suggested but not required that the subdivider preserve areas, identified by the state division of archives
and history, which meet the criteria for listing in the National Register of Historic Places.
(Code 1974, § 21-21)
Sec. 20-72. - Name of subdivision.
The name of a subdivision shall not duplicate or closely approximate the name of an existing
subdivision within the county.
(Code 1974, § 21-22)
Sec. 20-73. - Streets.
(a) Coordination and continuation of streets. The proposed street layout shall be coordinated with the
street system of the surrounding area. Where possible, existing principal streets shall be extended.
The proposed streets shall be in conformity with official plans and maps of the city.
(b) Access to adjacent properties. Where, in the opinion of the planning board, it is desirable to provide
for street access to an adjoining property, the streets shall be extended by dedication to the
boundary of such property and a temporary turnaround shall be provided.
(c) Private streets and reserve strips. Private streets shall be prohibited within all subdivisions except
planned unit developments, condominium and townhome developments and recreation communities
subject to reasonable and appropriate conditions deemed necessary by the planning board. Where
private streets are provided in developments with lots or units for sale, such streets shall be
designed and constructed as otherwise stipulated in this article, and be designated as part of areas
held in common and under ownership of a home owner's association with maintenance provisions.
(d) Street names. Proposed streets which are obviously in alignment with others existing and named
shall bear the assigned name of the existing street. In no case shall the name for proposed streets
duplicate or be phonetically similar to existing street names, irrespective of the use of the suffixes
street, avenue, boulevard, drive, place, court, etc.
Chapter 22-ZONINGU
Footnotes:
--- (1) ---
Cross reference— Buildings and building regulations, Ch, 4; flood damage prevention, Ch. 9; subdivision
of land, Ch. 20.
State Law reference —Zoning, G.S. 160A4&—c , 160D-701 et seq.
ARTICLE I. - IN GENERAL
Sec. 22-1. - Definitions.
In the construction of this chapter, the definitions contained in this article shall be observed and
applied, except when the content clearly indicates otherwise. In further amplification and for clarity of
interpretation of the context, the following shall apply.
Words used in the present tense shall include the future; and words used in the singular number
shall include the plural number, and the plural the singular.
The word "shall" is mandatory and not discretionary.
The word "may" is permissive.
The word "lot" shall include the words "piece," "parcel," and "plots'; the word "building" includes all
structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the
phrases "arranged for," "designed for," "intended for," and "occupied for."
Moskowitz, Harvey S. and Carl G. Lindbloom. The Latest Illustrated Book of Development
Definitions, New Expanded Edition. Rutgers: The State University of New Jersey, 2004 shall supplement
this listing providing further clarity and additional definitions.
Accessory use means a use customarily incidental and subordinate to the principal use or building
and located on the same lot with such principal use or building.
Administrative officer means the official charged with the enforcement of this chapter.
Adult cabaret means any place which features topless dancers, go-go dancers, strippers, male or
female impersonators, or similar entertainers, as defined in N.C.G.S. 14-202.10, as amended.
Adult day care program means the provision of group care and supervision in a place other than their
usual place of abode on a less than 24-hour basis to adults who may be physically or mentally disabled,
and certified by the department of health and human resources.
Adult oriented business means any place defined as an adult establishment as defined by N.C.G.S.
14-202.10, as such statute may be amended, except the definition of "massage business" shall not
include any establishment or business where massage is practiced that is a health club, exercise studio,
hospital, physical therapy business, or other similar health -related business. "Adult oriented business"
specifically includes, however, any massage business where massages are rendered by any person
exhibiting specified anatomical areas and/or where massages are performed on any client's "specified
anatomical areas," as this term is defined by N.C.G.S. 14-202.10, as amended.
Agritourism means agricultural uses such as farms. ranches and vineyards that, through promotion
and sts, and vacationers.
Blind fence means a wall, fence, or buffer that diminishes visibility from one side to the other to such
a degree that sight is difficult or nonexistent. Some examples of blind fences are masonry, stone or brick
walls, solid wood fences, or dense vegetation. Walls or fencing shall be a minimum of six (6) feet in
height. Walls and fencing shall not exceed six (6) feet unless topography or other cause would defeat the
purpose of the blind fence and only with the approval of the zoning administrator. All walls and fencing
shall be placed a minimum of three (3) feet from the property line for maintenance purposes.
Dense vegetation shall meet the following criteria:
(1) The buffer shall consist of two (2) rows of evergreen shrubs species, staggered to effect solid
coverage within three (3) years of normal growth. Minimum height of newly planted materials
shall be five (5) feet in height. The buffer shall have a minimum depth of ten (10) feet wide
measured from the property line.
(2) A fifteen -foot wide strip of natural wooded area; or
(3) A twenty -five-foot wide area landscaped with grass or other ground cover with at least three (3)
trees and five (5) shrubs for each one hundred (100) feet, or portion thereof, of boundary
abutting property zoned or used as residential property. All trees trunks shall be three (3) inches
in diameter at four (4) feet above the natural or finished grade of the vegetated area. Planted
shrubs must be at least two (2) feet in height and have an average diameter of two (2) feet.
Combinations of walls, fencing, vegetation, earthen berms and reduced elevation of adjoining
parking areas may be approved by the zoning administrator, where the same purpose of the blind
fence is achieved. It shall be the responsibility of the developer to provide elevations, plant
information and other information necessary to the zoning administrator to make a determination that
the requirements for the blind fence will be met.
Where visibility for public roads, driveways entrances would be impaired or for other public safety
issues, the zoning administrator may adjust blind fence requirements.
The property owner shall be responsible for the maintenance of all blind fence buffers. Litter and
debris shall be kept cleared, and dead plants shall be replaced with plants meeting the above
specifications. All structures shall be kept in good repair.
Apothecary means any business which prepares and sells drugs, medicines and other personal care
items exclusive of other household items unrelated to the profession of pharmaceutics.
Building means any structure used or intended for supoortinq or sheltering any "se or occunancy.
a, '^^c zznd by ate or- vta4s�oas esidr then
Building, accessory, means a subordinate building, the use of which is incidental to that of a principal
building or use on the same lot.
Building, principal, means a building in which is conducted the principal use of the lot on which the
building is situated.
Child care means a program or arrangement where three (3) or more children less than thirteen (13)
years old, who do not reside where the care is provided, receive care on a regular basis of at least once
per week for more than four (4) hours, but less than twenty-four (24) hours per day from persons other
than their guardians or full-time custodians, or from persons not related to them by birth, marriage or
adoption.
Child care, before/after school means a program or arrangement where three (3) or more school
aged children less than thirteen (13) years old, who do not reside where the care is provided, receive care
on a regular basis before school hours and/or after school hours from persons other than their guardians
or full-time custodians, or from persons not related to them by birth, marriage or adoption. Before/after
school child care shall be considered an allowed accessory use to child care. Before/after school child
care shall be considered an allowed accessory use to all public and private schools.
Child care center means an arrangement where, at any one time, there are three (3) or more pre-
school age children or nine (9) or more school -age children receiving child care, regardless of the time of
day, wherever operated, and whether or not operated for profit.
Commercial amusement use means any use which provides entertainment, amusement or
recreation activities for commercial gain. This definition shall not include special events or functions
customarily sponsored by or associated with schools, churches, nonprofit organizations, civic groups,
fraternal orders, and charitable institutions.
Convenience store means any business comprised of a diverse arrangement of household items
such as cosmetics, pre -packaged foods, personal care items, office supplies, candy greeting cards, etc.;
may also provide pharmacy sales, gasoline dispensing, or quick service restaurant.
District means any section of the city in which zoning regulations are uniform.
Dwelling means au d ag o�pa f e t#e eaf dedes gn v €f-e usedN v g quake se
Dwelling unit means anus es re sonta ng steep g k tch�n aad ba€eecR+ eses' .
aftd usedr�r-he;d�ady#c�t-useas a ��m. ^,�^�=asidense-bye=�fa�ty- a sinole unit providing
complete independent {iving facilities for one or more persons including permanent Provisions for living
sleeping cooking satino and sanitation.
Dwelling, single-family attached, means a building for or occupied exclusively by one (1) family
attached to, by party wall arrangement, a building occupied or used for the same purpose, including row
houses.
Dwelling, single-family detached, means a detached building for or occupied exclusively by one (1)
family.
Dwelling, multifamily, means a building or portion thereof used for or designed as a residence for two
(2) or more families living independently of each other, including duplexes and apartment houses.
Electronic gaming operations [mean] any business enterprise, whether as a principal or an
accessory use, where persons utilize electronic machines, including, but not limited to, computers and
gaming terminals, to conduct games of chance, including sweepstakes, and where cash, merchandise or
other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is
determined by electronic games played or by predetermined odds. This term includes, but is not limited
to, internet cafes, internet sweepstakes, beach sweepstakes or cybercaf6s. This does not include any
lottery approved by the state.
Family means any number of individuals, related by birth or marriage, living together as a single
housekeeping unit.
Family care home means an adult care home with support and supervisory personnel that provides
room and board, personal care and habilitation services in a family environment for not more than six (6)
resident handicapped persons u (as defined by G.S. 168.21). A family care home shall be prohibited from
being located within one -half -mile radius of another family care home.
Family child care home means a child care arrangement located in a residence where, at any one
time, more than two (2) children, but less than nine (9) children receive child care. (Of the children present
at any one time in a family child care home, nor more than five (5) children shall be preschool -aged,
including the operator's own pre-school age children.)
Farm bona fide means property that meets the standards set fa ih at NC GS 160D-903.
Gross leasable floor area means the total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines, and upper floors, if any, expressed in square feet measured from
center lines of joint partitions and exteriors of outside walls.
Motel means a building or a group of buildings containing sleeping rooms designed for or used
temporarily by persons for no greater than two -week periods, including hotels.
Natural disaster. A natural disaster is a sudden event that causes widespread destruction or
collateral damage, brought about by forces other than the acts of human beings. A natural disaster
includes but is not limited to the following: earthquakes, flooding, tornadoes, landslide, hurricanes,
lightning strikes, hailstorms, snowstorms, etc. No event shall constitute a natural disaster unless so
declared by the Dunn City Council.
Noncommercial means of or pertaining to an operation which is not available for public use or
patronage, but rather is open only for selected members, which membership shall not exceed twenty (20)
members per acre of land occupied.
Nonconforming use means the use of a building, including mobile homes and trailers on individual
lots or in substandard mobile home parks prior to March 9, 1971, or of land, including land used as an
individual mobile home site or as a substandard mobile home park prior to March 9, 1971, which does not
conform to the use or dimensional regulations of this chapter for the district in which it is located, either at
the effective date of the ordinance codified as this chapter or as a result of subsequent amendments
which may be incorporated.
Nonprofit institution means an institution owned or operated by a corporation formed under the
provisions of the Non -Profit Corporation Act (G.S. ch. 55A).
Outside storage means unenclosed depository of materials other than sample merchandise
displayed for sale.
Parking space means the minimum permanent off-street storage space for one (1) automobile, with
adequate provision for ingress and egress by standard -sizes vehicles in accordance with the
requirements of this Code.
Park model home means a dwelling unit that is not constructed in accordance with the standards set
forth in the North Carolina State Building Code, and is composed of one (1) or more components, each of
which are substantially assembled in a manufacturing plant and designed to be transported on its own
chassis and does not exceed forty (40) feet in length and eight (8) feet in width.
Restaurant, drive-in, means all restaurants which are not set up on a waitress or cafeteria service
only. Such restaurants will be considered in this chapter as drive-in restaurants.
Safe vehicular sight triangle means a reserved open space created to provide a view of oncoming
traffic to allow safe vehicular movement.
Satellite receiver dish means an electronic device, structure, or antenna which can convert an
electromagnetic wave transmitted from an earth orbiting satellite into either visual or oral signals, or both,
for television.
Shelter, fallout, means a structure or portion of a structure intended to provide protection to human
life during periods of danger from radioactive fallout, air raids, storms, or other emergencies.
Solar farm means a solar collection system that generates electricity from sunlight to a wholesale
electricity market through a regional transmission organization and an inter -connection with the local
utility power grid and/or for direct distribution to more than one (1) property or consumer as a commercial
venture. Solar farms shall consist of a minimum of three (3) individual photovoltaic modules (solar
panels), which are an assembly of solar cells to generate electricity. Solar facilities constructed only for
the production of electricity dedicated to another facility collocated the same site, or a solar facility which
is clearly a subordinate accessory land use, shall not be subject to the special use permit requirements.
Street means a public way which affords the principal means of access to abutting property and
which has been accepted for maintenance by the city or the state highway commission.
(b) The provisions of this chapter are adopted under the authority granted by the General Assembly of
the State of North Carolina, particularly G.S. 469A-384-to 60A-3°=.166t}-1W: 16OD-916
(Code 1974, § 25-2)
Sec. 22-3. - Applicability of chapter.
The regulations set forth in this chapter affect all land, every building, and every use of land or
building, and shall apply as follows:
(1) New uses or construction. After March 17, 1966, all new construction or uses of land shall
conform with the use and dimensional requirements for the district in which they are located.
(2) Completion of existing buildings. Nothing contained in this chapter shall require any change in
the plans, construction, or designated use of a building actually under lawful construction on
Ontobe, '', �991 Januan! 1. 2021, and which entire building is completed within one (1) year
from such date. N ++ ..,,,+, d hi&�sn^,,; require an change in the pl
+R'`•;;++..:..i,�...,n� ��nq;r,.ho^OFF. If any
amendment to this chapter is adopted changing the boundaries of districts, the provisions of this
subsection shall apply in the same manner as when originally adopted.
(3) Conforming uses or structures. After October 3, 1991, any existing structure or uses of land or
structures which then conform with the regulations for the district in which they are located may
be continued without a specific permit, provided that any subsequent structural alteration or
change in use shall conform with the regulations specified in this chapter.
(Code 1974, § 25-3)
Sec. 22-4. - Effects of conflicts of chapter with other provisions.
Wherever the regulations made under the authority of this chapter require a greater width or size of
yards or courts, require a lower height of building or less number of stories, require a greater percentage
of lot to be left unoccupied, or impose other higher standards than those required in any other statute,
local ordinance, or regulation, the provisions of the regulations made under the authority of this chapter
shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a
greater width or size of yard or courts, require a lower percentage of lot to be left unoccupied, or impose
other higher standards than are required by the regulations made under the authority of this chapter, the
provisions of such statute, local ordinance, or regulation shall govern.
(Code 1974, § 25-4)
Sec. 22-5. - Territorial jurisdiction of chapter.
The provisions of this chapter shall be applied within the corporate limits and within the territory
beyond such corporate limits for a distance of one (1) mile in all directions therefrom.
(Code 1974, § 25-5)
Sec. 22-6. - Annexed territory.
All territory to which this chapter is inapplicable which may be included within the city limits or within
the extraterritorial area beyond the city limits shall be made subject to this chapter in the same manner as
those areas included within such territory upon the original adoption of this chapter. Such area shall be
classified with zoning districts determined by the city council after public hearings before both the city
council and the planning board and after recommendation by the planning board.
(Code 1974, § 25-6)
Sec. 22-7. - Nonconforming uses.
After October 3, 1991, any existing structures or uses of land or structures, which would be
prohibited by the regulations of the district in which located, may be continued in the following manner:
(1) Nonconforming uses of land. Nonconforming uses of land shall not be enlarged or extended in
any way after October 3, 1991.
(2) Nonconforming uses of buildings. Nonconforming uses of buildings shall not be enlarged or
extended in any way. Buildings housing a conforming use, but which do not conform to the
dimensional requirements of this article, may be enlarged or extended in any manner that does
not increase the extent of dimensional nonconformity.
(3) Change of use of land. Any nonconforming use of land may be changed to a conforming use
or, with the approval of the board of adjustment, to any use more in character with the use
permitted in the district.
(4) Change of use of buildings. Any nonconforming use of a building may be changed to a
conforming use. If no structural alteration or enlargements are made, any nonconforming
building or use of buildings may be changed, with the approval of the board of adjustment, to
any use more in character with uses permitted in the district. In permitting the change, the board
of adjustment may require appropriate conditions and safeguards in accord with the provisions
of this chapter.
(5) Cessation of nonconforming use of buildings. If active operations are discontinued for a
continuous period of one hundred eighty (180) days with respect to a nonconforming use of a
building, the building shall thereafter be occupied and used only for a conforming use.
(6) Repair and alteration. Normal maintenance and repair in a building occupied by a
nonconforming use is permitted, provided that it does not extend or enlarge the nonconforming
use.
(7) Damage or destruction. If a building occupied by a nonconforming use or a nonconforming
building is destroyed by any means to an extent of more than fifty (50) percent of its
replacement cost at the time of destruction, then such building may be restored only for a
conforming use and in a manner complying with the provisions of this chapter.
a. Natural disaster. If a structure is destroyed by any means that are defined as a natural
disaster, then such owner or tenant may apply to the board of adjustment for a variance.
All applicable application fees shall be waived.
(Code 1974, § 25-7; Ord. NO. 02012-09, 7-10-12)
Sec. 22-8. — Enforcement and Remedies.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted,
or maintained, or any building, structure, or land is used in violation of this chapter, the zoning
administrator, any appropriate authority of the city, or any adjacent, nearby, or neighboring property
owner who would be affected by such violation, in addition to other remedies, may institute injunction,
mandamus, or other appropriate action or proceeding to prevent such occupancy of such building,
structure, or land. The city may seek all remedies and shall comgl'd with the procedures set forth in G.S.
160D-404 which is incorporated herein by reference.
(Code 1974, § 25-8; Ord. No. 02010-13, 10-12-10)
State Law reference— Remedies to prevent illegal actions relative to zoning, G.S. ' za�9
160D-404.
Sec. 22-9. —Appeals of Administrative Decisions.
It is the intention of this chapter that all questions arising in connection with the enforcement of this
chapter shall be presented first e 4e-z�ruin is '.or, ^d !ham_'. such-q�ct onT.,halt-be-presented
the board of adjustment only on appeal from the administrative decision of the zoning administrator. From
the decision of the board of adjustment, recourse shall be had to courts, as provided by law. It is further
the intention of this chapter that the duties of the city council in connection with this chapter shall not
include the hearing of and passing upon disputed questions that may arise in connection with the
enforcement thereof, but that the procedure for determining such questions shall be as set forth in this
chapter. The duties of the city council in connection with this chapter shall be only those of considering
and passing upon any proposed amendment or repeal of this chapter, as provided by law. The process
and procedure for aopeals from administrative decisions of the zoning administrator shall be as set forth
in G.S. 160D-405-406 which are incorporated -herein by reference.
(Code 1974, § 25-9; Ord. No. 02010-13, 10-12-10)
Sec. 22-10. - Permit fees generally.
The fee for all zoning permits shall be set from time to time by the city council and a copy of such
schedule is on file in the city clerk's office.
(Code 1974, § 25-201)
Secs. 22-11-22-20. - Reserved
ARTICLE II.-AMENDMENTSU
Footnotes:
(3) ---
State Law reference— Amendment, modification, etc., of municipal zoning regulations generally, G.S.
1604 285 16OD-108' 16OD-603,
Sec. 22-21. - Applicability of article.
The city council may amend, supplement, or change the text of this chapter or the zoning map in
accordance with the procedures established by this article.
(Code 1974, § 25-10)
Sec. 22-22. - Initiation.
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Editor's note— Ordinance No. 1994-002, adopted April 7, 1994, amended the Code by adding a
new § 22-32. In order to keep similar subject matter together, such new provisions were added as
§ 22-25.1 at the discretion of the editor.
Sec. 22-26. - Planning board initial hearing —Notice and advertisement.
(a) Notice of hearing before the planning board on any application or petition to change or amend this
chapter shall be pubr^h�,, o t m gt4ea^�^ 7 d n r r to the lan hcwrd uree'. g
��-F i--m.. ,.,.., .. p..,..n n^y .. ..y ,.
which Such Proposed change or ameRdmeopt-witt-be-heard.- given in accordance with G.S. 160D-601-
602. The notice shall appear in a newspaper of general circulation in the city once a week for two (2)
successive weeks.
(b) If the application or petition is for a change in a zoning district boundary, the property proposed to
be changed shall be posted in accordance with G.S. 160D-602 feF 2 period of at leasf-^ t ¢s
prior to the n to the on
�.,.,�hearing Q Aatein-additio F,;
(c} If the proposed amendment is not initiated b ty he city or the landowner or the landowner's authorized
agent the applicant shall comply with the actual notice requirements of G.S. 16OD-602.
(Code 1974, § 25-15; Ord. No. 02008-03, 2-7-08)
Editor's note— Ord. No. 02008-03, adopted February 7, 2008, changed the title of section 22-
26 from "Planning board public hearing —Notice and advertisement" to "Planning board initial
hearing —Notice and advertisement."
Sec. 22-27. - Same —Procedures generally; recommendations to city council.
(a) The planning board shall hold an initial hearing on all properly filed proposed changes or
amendments to this chapter. Procedures governing planning board hearings shall be established by
the planning board, but these procedures shall ensure equal opportunities for all proponents or
opponents to be heard.
(b) Within forty-five (45) days of the closing of the hearing, the planning board shall make
recommendations to the city council to approve, approve with changes, or deny the requested
change or amendment.
(c) Planning board recommendations shall be in the form of written resolutions, specifying the reasons
for the board's recommendation, and may include any pertinent data collected at the hearing or
during their deliberations.
(Code 1974, § 25-16; Ord. No. 02008-03, 2-7-08)
Sec. 22-28. - City council public hearing —Notice and advertisement.
After receipt of the planning board's recommendations as specified in section 22-27, or anytime after
forty-five (45) days of the initial hearing, a notice of public hearing before the city council shall be given in
accordance with G.S. 160A-384 160D-601-602.
(Code 1974, § 25-17; Ord. No. 02008-03, 2-7-08)
Sec. 22-29. - Same —Time limit; procedures generally.
(a) The city council shall hold a public hearing on all properly filed proposed changes or amendments to
this chapter anytime after receipt of the planning board's recommendations, but in no case more
than sixty-five (65) days after the completion of the planning board's initial hearing.
(b) The city council may request any public official to introduce the application or petition, which may
include a brief description of the merits of the proposal in relation to city community goals or needs.
The council shall provide equal opportunities for all proponents or opponents to be heard.
(Code 1974, § 25-18; Ord. No. 02008-03, 2-7-08)
Sec. 22-30. - City council action generally.
Within forty-five (45) days of the close of the public hearing, the city council shall take action, to
include approving the request, approving the request with changes, denying the request or referring the
request back to the planning board for further consideration, on the proposal. A majority of those council
members present may make the final decision.
(Code 1974, § 25-19; Ord. No. 02008-03, 2-7-09; Ord. No, 02010-01, 1-14-10; Ord. No. 02017-
10, 4-11-17)
Sec. 22-31. - Citizens comments.
If any resident or property owner in the city submits a written statement regarding a proposed
amendment, modification, or repeal to a zoning ordinance to the clerk to the board at least two (2)
business days prior to the proposed vote on such change, the clerk to the board shall deliver such written
statement to the city council. If the proposed change is the subject of a quasi-judicial proceeding under
G.S. 160A-388 16OD-406 or 160D-705, the t c!ert_ sh 1 prov de only nam �" � =° t"•-
present and sworn to provide test mony and is subject to cross examination regarding such teseimany or
the written comments.
(Ord. No. 02017-10, 4-11-17)
Editor's note- Ord. No. 02017-10, adopted Apr. 11, 2017 amended § 22-31 in its entirety to
read as herein set out. Former § 22-31 pertained to protest petitions and derived from (Code
1974, § 25-20; Ord. No. 02008-03, adopted Feb. 7, 2008; and Ord. No. 02010-01, adopted Jan.
14, 2010).
Secs. 22-32-22-50. - Reserved.
ARTICLE III. - DISTRICTS
DIVISION 1. - GENERALLY
Sec. 22-51. - Designated; zoning map.
(a) For the purposes of this chapter, the city is hereby divided into twelve (12) districts as follows:
(1) RA-40—Single-family dwelling and agricultural district.
(2) R-20—Single-family dwelling residential district.
• Honeysuckle
• Lantana
• Liriope
• Vebena
• Winter Creeper
• Zoysia Grass
(Ord. No. 02007-12, 9-6-07; Ord. No. 02010-01, 1-14-09)
Secs. 22-60-22-69. - Reserved.
DIVISION 1.5. - RA-40 SINGLE-FAMILY DWELLING AND AGRICULTURAL DISTRICT
The RA-40 shale -family dweliina and agricultural district permits sinale-family detached residential
development in areas with minimum lot sl7es of 40 000 square feet Butferina is required to separate
incompatible uses common in rural, aaricultural areas.
Sec. 22-70. - Permitted y. PrincipaE permitted uses.
The following uses shall be permitted in an RA-40 single-family dwelling and agricultural district:
(1) Single-family on minimum land area of forty thousand (40,000) square feet. It may be reduced
to twenty thousand (20,000) square feet if public water is used and is in conjunction with land
area for septic waste disposal system approved by Harnett County Health Department;
(2) Family care home;
(3) Bona fide farm; commercial and non -commercial —excluding concentrated animal feeding
operation;
(4) Agricultural, horticultural, and garden uses provided that no buildings used for growing or
storage are within one hundred (100) feet of a property line or are shielded by a blind fence
when such building exceed two hundred (200) square feet in gross area.
(5) Public and nonprofit institutions of an educational, religious, or cultural type, excluding
corrective institutions and hospitals treating other than human beings, on a minimum land area
of two (2) acres, provided that automobile parking for more than two (2) cars within fifty (50) feet
of a lot used for or to be used for single-family dwelling purposes shall be screened from such
lot by a blind fence, wall, or hedge at least six (6) feet high;
(6) Governmental buildings and uses;
(7) Public and private utilities provided they are enclosed with a blind fence when installed within
one hundred (100) feet of an existing residential use;
(8) Private stables or corals, provided that such uses shall not be located nearer than two hundred
(200) feet to a lot not in the same zoning district classification (RA-40) or other uses not located
within the same planned development;
(9) Class A manufactured home;
(10) Agra -tourism, eco-tourism, winery and associated facilities;
(11) Public and private gardens, gardens shall meet the setbacks for accessory buildings;
(Ord. No. 02010-01, 1-14-10)
Sec. 22-70.01. - Accessory uses.
The following accessory uses shall be permitted in an RA-40 single-family dwelling and agricultural
district, provided that when any such use shall be detached from the principal structure of the property on
which the use is located, such use shall be located in the rear yard and not less than fifty (50) feet from
any street right-of-way:
(1) Automobile parking and garage, only as an accessory use to the principal uses of the property
on which the use is located;
(2) Servants' quarters, not serviced by separate utility meters and not leased or rented to anyone
other than the family of a bona fide servant spending more than fifty (50) percent of his
employed time at the premises to which the servants' quarters is an accessory use and in the
employ of the family occupying such premises;
(3) Guest quarters, serviced by separate utility meters and not containing cooking facilities;
(4) Private, noncommercial swimming pools, provided that, except for those used as an accessory
use to a single-family, detached dwelling, such uses shall not be located nearer than fifteen (15)
feet to a lot used for or to be used for single-family dwelling purposes, measured from the edge
of the pool;
(5) Private stables and corrals, provided that such uses shall not be located nearer than two
hundred (200) feet to a lot or building used for or to be used for dwelling purposes;
(6) Public and private gardens, gardens shall meet the setbacks for accessory buildings;
(7) Customary home occupations as an accessory use to a single-family dwelling.
(Ord. No. 02010-01, 1-14-10)
Sec. 22-70.02. - Dimensional requirements.
Lots and structures in an RA-40 single family dwelling and agricultural district shall conform to the
following dimensional requirements:
(1) Minimum requirements:
91
b. Depth of front yard: Thirty (30) feet.
c. Depth of rear yard: Twenty-five (25) feet.
d. Width of side yard: Fifteen (15) feet.
e. With of lot: Seventy-five (75) feet.
f. Depth of lot: One hundred twenty (120) feet.
(2) Maximum requirements:
a. Height of principal structure: Two (2) stories or thirty-five (35) feet.
b. Height of accessory structure: Two (2) stories or twenty-four (24) feet.
c. Lot coverage with impervious material: Thirty (30) percent of total lot area.
(Ord. No. 02010-01, 1-14-10)
DIVISION 2. - R-20 SINGLE-FAMILY DWELLING DISTRICT
The R-20 single-family dwelling district applies in residential areas with minimum lot sizes of 20 000
square feet for single-family detached dwell€ngs Duplexes and Class A manufactured housing are also
permitted with same restrictions Buffer€ng is required to separate permitted but incompatible uses that
enhance quality of life.
Sec. 22-71. - Permitted uses generally.
The following uses shall be permitted in an R-20 single-family dwelling district:
(1) Single-family detached dwellings on a minimum land area per dwelling unit of twenty thousand
(20,000) square feet, excluding tents and trailers of any kind used for dwelling purposes;
(2) Family care home;
(3) Reserved.
(4) Public and nonprofit institutions of an educational, religious, or cultural type, excluding
corrective institutions and hospitals treating other than human beings, on a minimum land area
of two (2) acres, provided that automobile parking for more than two (2) cars within fifty (50) feet
of a lot used for or to be used for single-family dwelling purposes shall be screened from such
lot by a blind fence, wall, or hedge at least six (6) feet high;
(5) Governmental buildings and uses;
(6) Public utility uses required to service only the district in which located;
(7) Public and private noncommercial recreational uses and facilities, such as country clubs and
golf courses, parks, and playgrounds, provided that automobile parking for more than two (2)
cars within fifty (50) feet of a lot used for or to be used for single-family dwelling purposes shall
be screened from such lot by a blind fence, wall, or hedge at least six (6) feet high;
(8) Public and private gardens, gardens shall meet the setbacks for accessory buildings;
(9) Duplexes;
(10) Class A manufactured home.
(Code 1974, § 25-26; Ord. No. 1990-002, § 4, 1-4-90; Ord. No. 02003-11, 11-6-03; Ord. No.
02004-11, 6-3-04; Ord. No. 02010-01, 1-14-10)
Sec. 22-72. - Accessory uses.
The following accessory uses shall be permitted in an R-20 single-family dwelling district, provided
that when any such use shall be detached from the principal structure of the property on which the use is
located, such use shall be located in the rear yard and not less than fifty (50) feet from any street right-of-
way:
(1) Automobile parking and garage, only as an accessory use to the principal uses of the property
on which the use is located;
(2) Servants' quarters, not serviced by separate utility meters and not leased or rented to anyone
other than the family of a bona fide servant spending more than fifty (50) percent of his
employed time at the premises to which the servants' quarters is an accessory use and in the
employ of the family occupying such premises;
(3) Guest quarters, serviced by separate utility meters and not containing cooking facilities;
(4) Private, noncommercial swimming pools, provided that, except for those used as an accessory
use to a single-family, detached dwelling, such uses shall not be located nearer than fifteen (15)
feet to a lot used for or to be used for single-family dwelling purposes, measured from the edge
of the pool;
(5) Private stables, and corrals, provided that such uses shall not be located nearer than two
hundred (200) feet to a lot or building used for or to be used for dwelling purposes;
noncommercial agricultural uses;
(6) Public and private gardens, gardens shall meet the setbacks for accessory buildings;
(7) Customary home occupations as an accessory use to a single-family dwelling.
(Code 1974, § 25-27; Ord. No. 02010-01, 1-14-10; Ord. No. 02010-12, 9-14-10)
Sec. 22-73. - Dimensional requirements.
Lots and structures in an R-20 single-family dwelling district shall conform to the following
dimensional requirements:
(1) Minimum requirements:
a. Lot area: Twenty thousand (20,000) square feet.
b. Depth of front yard: Thirty (30) feet.
c. Depth of rear yard: Twenty-five (25) feet.
d. Width of side yard: Ten (10) feet.
e. Width of lot: Seventy-five (75) feet.
f. Depth of lot: One hundred twenty (120) feet.
(2) Maximum requirements:
a. Height of principal structure: Two (2) stories or thirty-five (35) feet.
b. Lot coverage with impervious material: Thirty (30) percent of total lot area.
c. Height of accessory structure: Shall not exceed the height of the principal structure.
d. Accessory structure setbacks: Shall meet the principal building setbacks.
e. Lot coverage by accessory structure: Twenty-five (25) percent of rear yard.
(Code 1974, § 25-28; Ord. No. 02010-01, 1-14-10; Ord. No. 02010-12, 9-14-10)
Secs. 22-74-22-80. - Reserved.
DIVISION 3. - R-10 SINGLE-FAMILY DWELLING DISTRICT
The in residential areas with minimum lot sizes of 10.000
square feet for single-family detached dwellings 3uffering is required to separate permitted but
incompatible uses that enhance quality of life.
Sec. 22-81. - Principal permitted uses.
The following uses shall be permitted in an R-10 single-family dwelling district:
a. Lot area: Ten thousand (10,000) square feet.
b. Depth of front yard: Twenty-five (25) feet.
c. Depth of rear yard: Twenty (20) feet.
d. Width of side yard: Ten (10) feet.
e. Width of lot: Seventy-five (75) feet.
f. Depth of lot: One hundred twenty (120) feet.
(2) Maximum requirements:
a. Height of principal structure: Two (2) stories or thirty-five (35) feet.
b. Lot coverage with impervious material: Thirty-five (35) percent of total lot area.
c. Height of accessory structure: Shall not exceed the height of the principal structure.
d. Accessory structure gross square footage: Shall not exceed fifty (50) percent of square
footage of principal structure.
e. Lot coverage by accessory structure: Fifty (50) percent of rear yard.
(Code 1974, § 25-31; Ord. No. 02010-01, 1-14-10; Ord. No. 02010-12, 9-14-10)
Secs. 22-84-22-100. - Reserved.
DIVISION 4. - R-7 SINGLE-FAMILY DWELLING DISTRICT
The R-7 sfnpEe-fami6y dwelling distract applies in residential areas with minimum lot sizes o€ 7,000 square
feet for single-family detached dweliins Buffering Cs required to separate permitted but incompatibie
uses that enhance quality of life.
Sec. 22-101. - Principal permitted uses.
The following uses shall be permitted in an R-7 single-family dwelling district:
(1) Single-family, detached dwellings on a minimum land area per dwelling unit of seven thousand
(7,000) square feet, excluding tents and trailers of any kind used for dwelling purposes;
(2) Reserved.
(3) Public and nonprofit institutions of an educational, religious, or cultural type, excluding
corrective institutions and hospitals of any kind, on a minimum land area of two (2) acres,
provided that automobile parking for more than two (2) cars within fifty (50) feet of a lot used for
or to be used for single-family dwelling purposes shall be screened from such lot by a blind
fence, wall, or hedge at least six (6) feet high;
(4) Governmental buildings and uses;
(5) Public utility uses required to service only the district in which located;
(6) Public and private noncommercial recreational uses and facilities, such as country clubs and
golf courses, parks, and playgrounds, provided that automobile parking for more than two (2)
cars within fifty (50) feet of a lot used for or to be used for single-family dwelling purposes shall
be screened from such lot by a blind fence, wall, or hedge at least six (6) feet high;
(7) Duplexes; provided with a minimum lot area of twenty-4,�ousa4,4-(20-090} fourteen thousand
(14.0001 square feet;
(8) Public and private gardens, gardens shall meet the setbacks for accessory buildings;
a. Height of principal structure: Two (2) stories or thirty-five (35) feet.
b. Lot coverage with impervious material: Forty (40) percent of total lot area.
c. Height of accessory structure: Shall not exceed the height of the principal structure.
d. Accessory structure gross square footage: Shall not exceed fifty (50) percent of square
footage of principal structure.
e. Lot coverage by accessory structure: Fifty (50) percent of rear yard.
(Code 1974, § 25-34; Ord. No. 02010-01, 1-14-10; Ord. No. 02010-12, 9-14-10)
Secs. 22-105-22-120. - Reserved.
DIVISION S. - R-M MULTIFAMILY DWELLING DISTRICT
The R-M multi -family dwelliin� district applies in residential areas with minimum lot sizes of 7 000 square
feet for sin�Ie-famiiY detached dweiiir Rs. 3u ferina is required to separate permitted but incompatible
uses that enhance quality of life. Buildings that contain three or more dweliin� units located one over
another shall only be aElowed within this district u ith a special unit permit approved by the paverning
board.
Sec. 22-121. - Principal permitted uses.
The following uses shall be permitted in an R-M multifamily dwelling district:
(1) Single-family detached dwellings.
(2) Family care home.
(3) Duplexes; provided with a minimum lot area of twenty thousand (20,000) square feet;
(4) Public and private gardens, gardens shall meet the setbacks for accessory buildings.
(Ord. No. 02003-14, 12-10-03; Ord. No. 02003-15, 12-10-03; Ord. No. 02008-15, 11-17-08;
Ord. No. 02010-01, 1-14-10)
Sec. 22-122. - Accessory uses.
The following accessory uses shall be permitted in an R-M multifamily dwelling district, provided that
when any such use shall be detached from the principal structure of the property on which it is located,
such use shall be located in the rear yard and not less than thirty (30) feet from any street right-of-way:
(1) Automobile parking and garages, only as an accessory use to the principal;
(2) Private, noncommercial swimming pool, meeting the requirements of the North Carolina
Building Code for residential swimming pools.
(3) Public and private gardens, gardens shall meet the setbacks for accessory buildings;
(Ord. No. 02003-14, 12-10-03; Ord. No. 02003-15, 12-10-03; Ord. No. 02010-01, 1-14-10; Ord.
No. 02010-12, 9-14-10)
Sec. 22-123. - Dimensional requirements.
Lots and structures in an R-M multifamily dwelling district shall conform to the following dimensional
requirements:
(1) Minimum requirements:
a. Lot area: Seven thousand (7,000) square feet.
b. Depth of front yard: Twenty-five (25) feet.
c. Depth of rear yard: Twenty (20) feet.
d. Width of side yard: Ten (10) feet.
e. Width of lot: Fifty (50) feet.
f. Depth of lot: One hundred (100) feet.
(2) Maximum requirements:
a. Height of principal structure: Two (2) stories or thirty-five (35) feet.
b. Lot coverage with impervious material: Forty (40) percent of total lot area.
c. Height of accessory structure: Shall not exceed the height of the principal structure.
d. Accessory structure gross square footage: Shall not exceed fifty (50) percent of square
footage of principal structure.
e. Lot coverage by accessory structure: Fifty (50) percent of rear yard.
(Ord. No. 02003-14, 12-10-03; Ord. No. 02003-15, 12-10-03; Ord. No. 02010-01, 1-14-10; Ord.
No. 02010-12, 9-14-10)
Secs. 22-124-22-140. - Reserved.
DIVISION 6. - C-1 CENTRAL COMMERCIAL DISTRICT
The C-1 central commercial district is the most intensively developed district in the city permlttin a
wide variety of eo rmercEal uses and second floor residential in mixed -use butldin s. Buffering is
required to separate permitted but incompatible uses that enhance quality of life.
Sec. 22-141. - Principal permitted uses.
The following uses shall be permitted in the C-1 central commercial district:
(1) Apothecaries;
(2) Appliance sales and repair;
(3) Bakeries;
(4) Banks and credit unions;
(5) Barbershops and beauty shops;
(6) Building trades/services
(7) Churches;
(8) Commercial and public parking lots and garages;
(9) Convenience stores;
(10) Dry cleaning;
(b) Separate uses, such as drive-in branch banks, will be permitted in a C-2 shopping center district,
but only if incorporated as a part of the total development plan.
(Code 1974, § 25-50)
Sec. 22-169. - Reserved.
Editor's note— Ord. No. 02004-04, adopted March 4, 2004, repealed § 22-169, which pertained
to driveways and derived from Code 1974, § 25-51.
Secs. 22-170-22-180. - Reserved.
DIVISION 8. - C-3 HIGHWAY COMMERCIAL DISTRICT
The C-3 higirwaV comrnercia! d"€€strict permits uses that depend on both a I rge flow of traff€c and
convenient access such as along ma€or co€hector and subcol(ectar streets as designated by the city's
thoroughfare plan Buffer€rg required to separate permitted but incompatPbie uses that enhance
gga ty of life.
Sec. 22-181. - Principal permitted uses.
The following uses shall be permitted in a C-3 highway commercial district:
(1) Animal hospitals/kennels;
(2) Apothecaries;
(3) Appliance sales and repair;
(5) Auto car wash;
(6) Auto parts (new);
(7) Auto sales and service;
(8) Bakeries;
(9) Banks and credit unions;
(10) Barbershops and beauty shops;
(11) Boat sales;
(12) Building supplies retail;
(13) Building trades/services;
(14) Bus station;
(15) Churches;
(16) Commercial and public parking lots and garages;
(17) Convenience stores;
(18) Dance schools and similar instruction;
(19) Farm implement/heavy machinery sales and service;
(20) Financial institutions;
(21) Funeral homes;
(8) That all other applicable provisions of the City Code of Ordinances will be observed.
(Ord. of 7-6-95, § 2)
Secs. 22-185-22-190. - Reserved.
DIVISION 9. - C-4 NEIGHBORHOOD BUSINESS DISTRICT
The C-4 neihborhood commercial district Hermits commercial uses that enhance the quality of iife of
surrounding residential neighborhoods Though these commercial uses' service areas may extend more
broadiv than the surrounding neighborhood the traffic and noise ^enerated will be limited. Buffering is
required to separate permitted but incompatible uses that enhance quality of Life.
Sec. 22-191. - Principal permitted uses.
The following uses shall be permitted in the C-4 neighborhood business district:
(1) Bakeries;
(2) Barbershops and beauty shops;
(3) Churches;
(4) Governmental building and uses;
(5) Hardware retail;
(6) Private meeting halls and fraternal organizations;
(7) Public utilities.
(Code 1974, § 25-55; Ord. No. 02008-05, 2-7-08)
Sec. 22-192. - Accessory uses.
The following regulations shall govern permitted accessory uses within the C-4 neighborhood
business district:
(1) Automobile parking shall be only for automobiles in operating condition. Automobile storage
may exceed no more than seventy-two (72) hours.
(2) Swimming pools shall be no nearer than fifty (50) feet to a lot used or zoned for single-family
dwelling purposes, as measured from the edge of the pool. All pools shall be enclosed by a
fence at least four (4) feet in height.
(Code 1974, § 25-56)
Sec. 22-193. - Dimensional requirements.
The following dimensional requirements shall apply within the C-4 neighborhood business district:
(1) Building size: Not in excess of ten thousand (10,000) square feet of interior space on the
minimum lot size.
(2) Minimum lot size: Twenty thousand (20,000) square feet.
(3) Minimum yard sizes:
a. Front: Twenty (20) feet.
b. Rear: Ten (10) feet.
c. Side: None, except a ten (10) foot side yard adjacent to a residential district. If a side yard
is provided when none is required, that side yard shall be at least ten (10) feet wide.
Common wall construction may be approved at the discretion of the planning board.
(4) Maximum height: Thirty-five (35) feet.
(Code 1974, § 25-57)
Secs. 22-194-22-200. - Reserved.
DIVISION 10. - O & I OFFICE AND INSTITUTIONAL DISTRICT
The O & I office and institutional district permits medium -intensify office and institutional land use and
functions as a buffer between districts which may= conffict with one another. Generally, these areas have
water and sewer mains that either exist at the site or are to be made avaiiable during the development
process. Vehicular access must consist of direct ingress and egress to a pub(ie road ciassified as either
arterial or collector as designated by the city's thoroughfare pion 3u faring is required to separate
permitted but incompatible uses that enhance quaff*v o€life
Sec. 22-201. - Principal permitted uses.
The following uses shall be permitted within the, O & I office and institutional district:
(1) Banks and credit unions;
(2) Churches;
(3) Governmental building and uses;
(4) Medical offices and clinics;
(5) Offices (general and professional);
(6) Professional medical complex;
(7) Public utilities.
(Code 1974, § 25-58; Ord. No. 1998.03, 11-5-98; Ord. No. 2000-01, 4-6-00; Ord. No. 0-1998.10,
12-3-98; Ord. No. 02004-02, 3-4-04; Ord. No. 02004-06, 5-6-04; Ord. No. 02008-05, 2-7-08;
Ord. No. 02009-18, 12-8-09)
Sec. 22-202. - Accessory uses.
The following regulations shall govern permitted accessory uses within the, O & I office and
institutional district:
(1) Automobile parking shall be only for automobiles in operating condition. Automobile storage
may exceed no more than seventy-two (72) hours.
(2) Swimming pools shall be no nearer than fifty (50) feet to a lot used or zoned for single-family
dwelling purposes, as measured from the edge of the pool. All pools shall be enclosed by a
fence at least four (4) feet in height.
(3) Child care center for use of employees and not the general public.
(Code 1974, § 25-59; Ord. No. 02004-0513-4-04; Ord. No. 02009-18, 12-8-09)
Sec. 22-203. - Dimensional requirements.
(a) The following dimensional requirements shall apply within the, 0 & I office and institutional district:
(1) Minimum lot size: Seven thousand (7,000) square feet.
a. Depth: Fifty (50) feet.
b. Width: Fifty (50) feet.
(2) Minimum yard sizes:
a. Front: Twenty (20) feet.
b. Rear: Ten (10) feet.
c. Side: Ten (10) feet, each side.
(3) Maximum building height: Thirty-five (35) feet.
(b) Common wall construction may be approved at the discretion of the planning board.
(Code 1974, § 25-60; Ord. No. 02009-18, 12-8-09)
Secs. 22-204-22-210. - Reserved.
DIVISION 11. - 1-10 RESTRICTED INDUSTRIAL DISTRICT
The k10 restricted Industrial d'€stric` perms}s hiRfi-quasi{v industria€ Ii ht manufacturing wholesaling and
warehousing operations that meet the pe formance standards bulk controls and other requirements
contained in this ordinanle uses that
enhanceguaEity of life.
Sec. 22-211. - Principal permitted uses.
The following uses shall be permitted in the 1-10 restricted industrial district:
(1) Warehousing, completely within an enclosed building;
(2) Freight terminal offices and warehouses;
(3) Reserved;
(4) Manufacture, assembly, or packaging of products of the following previously prepared
materials: cloth, plastic, paper, leather, precious, and semiprecious metals and stones; wood
products; and of any inorganic type; manufacturing area shall be less than fifteen thousand
(15,000) square feet;
(5) Reserved.
(6) Experimental, film, or testing laboratories; building operation shall be less than fifteen thousand
(15,000) square feet;
(7) Manufacture or processing of food products and pharmaceuticals, exclusive of the production
of fish or meat products, sauerkraut, vinegar or the like, and exclusive of the rendering or
refining of fats and oils; manufacturing area shall be less than fifteen thousand (15,000) square
feet;
(5) Depth of lot: One hundred (100) feet, (for newly created parcels);
(6) Area of lot: Ten thousand (10,000) square feet, (for newly created parcels).
(Code 1974, § 25-63; Ord. No. 1990-007, 2-20-90; Ord. No. 02010-04, 4-13-10)
Secs. 22-214-22-220. - Reserved.
DIVISION 12. - 1-100 INDUSTRIAL DISTRICT
The 1-100 industrial district permits all the industrial, manufacturing wholesaling and warehousin
opera*'sons permitted in i-10 limited industrial d"€€strict but its those uses with fewer dimensional
constraints The 1-100 district also permits with approval from City Council after receiving a
recommendation from the Planning board industrial manufacturing and process'sng that vould
otherwise be prohibited Buffe ing is required to separate permitted but incompatible uses that
enhance quality of life.
Sec. 22-221. - Principal permitted uses.
The following uses shall be permitted in the 1-100 industrial district:
(1) Horticultural uses;
(2) Reserved;
(3) Reserved;
(4) Any use permitted in the 1-10 district, subject to all the regulations of that district except
dimensional restraints;
(5) Freight terminal offices and warehouses;
(6) Recreational facilities.
(Code 1974, § 25-64; Ord. No. 02004-02, 3-4-04; Ord. No. 02010-04, 4-13-10; Ord. No. 02014-
04,5-8-14)
Sec. 22-222. - Accessory uses.
The following accessory uses shall be permitted in the 1-100 industrial district:
(1) Reserved;
(2) Automobile and truck parking and garages, provided that provisions for more than two (2)
vehicles within one hundred (100) feet of a lot used for or to be used for single-family dwelling
purposes shall be screened from such lot by a blind fence;
(3) Office space, used in connection with a principal use;
(4) Employee facilities including employees' cafeterias, child care facility, or recreational facilities
for use of employees or visitors and not the general public;
(5) Reserved;
(6) Outside storage, provided that in the interest of safety to children and adjacent property, such
storage shall be completely enclosed by a blind fence. Storage shall not be stacked or piled to a
height which is greater than its distance to the nearest property line.
(Code 1974, § 25-65; Ord. No. 02004-0513-4-04; Ord. No. 02010-04, 4-13-10)
Sec. 22-223.- Reserved.
Editor's note— Ord. No. 02004-01, adopted March 4, 2004, repealed § 22-223, which pertained
to eon44ional special uses [I-100 district] and derived from Code 1974, § 25-66.
Sec. 22-224. - Prohibited uses.
No building or land shall be used and no building shall be hereafter erected or structurally altered for
the purpose of conducting any of the uses listed in this section within any of the various districts as
established by this chapter, unless plans for the abatement of noise, odor, smoke, ignitable corrosivity,
toxicity, or other nuisance or menace to the public welfare which may be created by such activity are
submitted to the city council after recommendation from the planning board. These plans shall include a
statement of the level of noise, odor, smoke, or other emissions which is to be emitted from such
installation, using a recognized standard of measurement. If the city council finds after public hearing as
required for amendments to this chapter that the use will not be detrimental to the public health, safety,
and welfare, they may issue a Go ,>4dan A sneciai use permit to allow the use in the 1-100 industrial
district. If at any time any of the following uses exceeds the level of emission as stated in the application
for a conditonal special use permit, the use shall be discontinued until such time as the stated level is
reached:
(1) Abattoirs;
(2) Acetylene gas manufacture and/or storage;
(3) Acid manufacture;
(4) Airports and landing fields for fixed wing aircraft;
(5) Ammonia, bleaching powder or chlorine manufacture;
(6) Asphalt manufacture or refining;
(7) Brick, tile or terracotta manufacture;
(8) Cellophane manufacture;
(9) Cement, lime, plaster manufacture;
(10) Creosote manufacturing or treatment plants;
(11) Distillation of bones, coal, petroleum, refuse grain, tar, and wood;
(12) Explosives, ammunition, fireworks, gunpowder manufacture;
(13) Fat rendering or storage (greater than two thousand (2,000) gallons, or the production of fats
and oils from animal or vegetable products by boiling or distillations;
(14) Fertilizer manufacture;
(15) Forging plants;
(16) Garbage, offal, and animal reductions, or processing;
(17) Glue and size manufacture;
(18) Linseed oil, shellac, turpentine, manufacture or refining;
(19) Oilcloth or linoleum manufacture;
(20) Ore reduction;
(21) Racing of vehicles;
(22) Rubber manufacture;
(23) Tanning, cutting, curing, cleaning or storing of green hides or skins;
(24) Disposal of hazardous waste as defined by G.S. 130-166.16(4). In addition to the findings
required to be made by the city council before a coadiiiorrat special use permit may be issued
for this particular use, the permittee shall satisfy the city council that it has met all of the
conditions of G.S. chs. 130A and 130E concerning the management of hazardous wastes and
any other applicable federal, state and local laws.
(Ord. No. 02010-04, 4-13-10)
Sec. 22-225. - Dimensional requirements.
The following dimensional requirements shall apply within the 1-100 industrial district:
(1) Minimum requirements.
a. Depth of front yard: Fifty (50) feet.
b. Depth of rear yard: Fifty (50) feet, except where adjacent to a lot used for or to be used for
dwelling purposes, in which case the minimum depth of rear yard shall lbe one hundred
(100) feet.
c. Width of side yard: Thirty (30) feet, except where adjacent to a lot used for or to be used for
dwelling purposes, in which case the minimum width of side yard shall be fifty (50) feet.
d. Width of lot: Three hundred (300) feet (for newly created parcels).
e. Depth of lot: Three hundred (300) feet (for newly created parcels).
f. Area of lot: One hundred thousand (100,000) square feet (for newly created parcels).
g. Reserved.
h. Hazardous waste, low-level radioactive waste and medical waste. To promote public
safety, no hazardous waste facility, low-level radioactive waste facility nor medical waste
facility shall be located within one -half -mile of any existing residential dwelling. No
hazardous waste, low-level radioactive waste or medical waste facility shall locate within
one thousand (1,000) feet of any stream, branch, creek or river; within any water shed
containing an impoundment reservoir supplying water for human consumption or use;
within the one -hundred -year floodplain. Any hazardous waste, low-level radioactive waste
or medical waste facility shall have all federal and state regulatory permits approved prior
to consideration by the city of an application for a building permit or zoning permit.
(2) Maximum requirements.
a. Height of principal structure: One-half (1/z) times the horizontal distance between the
building and the nearest lot line adjacent to a lot used for or to be used for single-family
dwelling purposes, or fifty (50) feet, whichever is least.
b. Height of accessory structure: Thirty (30) feet.
c. Lot coverage by building: Fifty (50) percent of total lot area.
(Code 1974, § 25-67; Ord. No. 1990-007, 2-20-90; Ord. No. 02010-04, 4-13-10)
Secs. 22-226-22-230. - Reserved.
DIVISION 13. - RESERVEDU
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 22-243. - Permit —Required.
With the exception of those signs specifically authorized in division 2 of this article no sign may be
erected without a permit from the zoning administrator.
(Ord. No. 02005-11, 7-7-05)
Sec. 22-244. - Same —Application.
(a) An application for a permit shall be submitted on a form obtainable at the office of the zoning
administrator. Each application shall be accompanied by plans which shall:
(1) Indicate the proposed site by identifying the property by ownership, location, and use;
(2) Show the location of the sign on the lot in relation to property lines and building, zoning district
boundaries, right-of-way lines, and existing signs;
(3) Show size, character, complete structural specifications and methods of anchoring and
support.
(b) If conditions warrant, the zoning administrator may require additional information which will enable
him the zoning administrator to determine if a sign will be erected in conformance with this article.
(Ord. No. 02005-11, 7-7-05)
Sec. 22-245. - Same —Fees.
(a) No permit shall be issued until the exact dimensions and area of the sign have been filed with the
zoning administrator and the fees paid according to current adopted fee schedule.
(b) Exempt from this fee requirement shall be those signs specified in division 2 of this article.
(Ord. No. 02005-11, 7-7-05)
Sec. 22-246. - Same —Posting of number required.
Every sign erected, constructed, or maintained, for which a permit is required, shall have affixed on
the front thereof the number of the permit issued for such sign by the zoning administrator.
(Ord. No. 02005-11, 7-7-05)
Sec. 22-247. - Maintenance.
(a) All signs shall be maintained in a state of good repair and operation to include illumination of the
sign if applicabie. Whenever it shall appear to the zoning administrator that any sign has been
constructed, is being maintained in violation of the terms of this section, or is unsafe or insecure,
such sign shall either be made to conform with all applicable sign regulations or shall be removed at
the expense of the owner, within ten (10) days after written notification thereof by the zoning
administrator.
(b) Any sign or sign structure which the zoning administrator with the concurrence of the chief building
official reasonably deems to be in danger of falling or otherwise creating the apprehension of an
prevent the direct rays of illumination from being cast upon neighboring lots or vehicles
approaching on a public way from any direction.
(4) Where illuminated signs are required to be nonflashing, the illumination for the sign shall not,
either totally or in part, flash on and off.
(5) Wiring of electric signs. All electric signs with internal wiring or lighting equipment and all
external lighting equipment used to direct light on signs must bear the seal of approval of an
electrical testing laboratory that is nationally recognized as having the facilities for testing and
requires proper installation in accordance with the National Electrical Code. All wiring to electric
signs or to lighting equipment directed to freestanding signs or ground signs must be
underground.
6} If a permitted illuminated sion is illuminated by more than one source including but not iimlted
o multiple inte€ior Eight bulbs within a sign, all light bulbs must be functional and operational.
(Ord. No. 02005-11, 7-7-05)
Sec. 22-253. - Setback and height.
(a) All freestanding and ground signs in the b4s;^,cos commercial, industrial, and institutional and office
district shall be a minimum of twelve (12) feet from any right-of-way and a minimum of ten (10) feet
from any side lot line.
(b) If the lot on which a ground sign is to be located is zoned other than residential, but is immediately
adjacent to a lot zoned for residential use, then a distance of at least fifty (60) feet shall intervene
between the closest part of such sign and the adjacent lot line of the property in the residential
district, provided that all outdoor advertising signs shall conform to the requirements of sections 22-
311 through 22-316.
(Ord. No. 02005-11, 7-7-05; Ord. No. 02010-14, 10-12-10)
Sec. 22-254. - Location restrictions
(a) No sign shall be permitted on any public right-of-way except as specifically authorized in this article.
(b) No sign shall be attached to or painted on any telephone pole, telegraph pole, power pole, or other
manmade object not intended to support a sign, nor attached to or painted on any tree, rock, or other
natural object, not authorized in this section.
(c) Signs shall not obstruct any window, door, fire escape, stairway, ladder, or opening intended to
provide light, ventilation, air ingress or egress for any building, structure, or lot.
(Ord. No. 02005-11, 7-7-05)
Sec. 22-255. - Reserved.
Sec. 22-256. - Prohibited signs.
Unless otherwise permitted, the following signs are expressly prohibited within all zoning districts:
(1) Portable signs prohibited. Portable signs are prohibited from location or use within the city and
its extraterritorial planning jurisdiction, except as permitted in section 22-296.
(2) Roof signs prohibited. Roof signs are prohibited from location or use within the city and its
extraterritorial planning jurisdiction.
(2) Signs posted upon property relating to private parking, warning the public against trespassing,
or against danger from animals. Such signs shall contain no more than two (2) square feet in
surface area per side.
(3) City, county, state, and federal traffic signs.
(4) Historical markers, monuments, or signs erected by public authority.
(5) Official notices or advertisements posted or displayed by or under the direction of any court
official in the performance of his or her official or directed duties, or by trustees under deeds of
trust or other similar instruments. Such signs shall be temporary in nature.
(6) Signs denoting the location of underground utilities.
(7) Signs posted in association with municipal, county, state, or federal authorities for crime
prevention and public safety and health. The city council shall approve all such signs prior to the
installation of such signs.
(8) Municipal, school, recreational, and civic club -sponsored ground signs. Schedule of events,
rules and regulations signs at a maximum height of six (6) feet with a maximum surface area of
sixteen (16) square feet per side, or a total aggregate of thirty-two (32) square feet. All schedule
of events and rules and regulation signs shall be located a minimum of fifteen (15) feet from any
right-of-way. Signs of this nature need no permit, but must be approved by the current zoning
administrator.
(9) Holiday decorations in season. If illuminated, the decorations must comply with section 22-252
of this article.
(10) Quasi -public signs not to exceed four (4) square feet in size which are displayed strictly for
the direction, safety, or convenience of the public, including signs which identify restrooms,
parking areas, entrances or exits, freight entrances, or the like. Such signs which are other than
official government signs shall conform to the illumination restrictions of the district in which they
are located.
(11) Any flag, badge, or insignia customarily displayed by any government or governmental
agency or by any charitable, civic, fraternal, patriotic, religious, or similar organization, provided
that such sign is not prohibited by law or otherwise contrary to the provisions of the Constitution
of the United States, the Constitution of North Carolina, or contrary to case law interpreting such
constitutional provisions.
(Ord. No. 02005-11, 7-7-05)
Secs. 22-274-22-290. - Reserved.
DIVISION 3. - DISTRICT REQUIREMENTS
Sec. 22-291. - Residential districts.
22-291.1. General. No sign shall be erected or displayed in any residential district except as allowed
under division 2 of this article or as provided in this section.
22-291.2. Allowed signs. The following signs shall be allowed in a residential zoning district.
(1) One (1) real estate sign limited to a maximum total surface area of five (5) square feet per side,
not to exceed ten (10) square feet in total aggregate. Such sign shall be a maximum height of
forty-two (42) inches. The sign shall be removed when the premises are rented or when the
property is sold.
(2) Temporary signs, lighting, and displays which are part of customary holiday decorations and
annual civic events, not placed in any right-of-way.
Sec. 22-292. - 44n-e > Commercial districts.
No sign shall be erected or displayed in any business district except as allowed under division 2 of
this article or as provided in this section. Where there is a single building or a cluster of buildings
connected or freestanding on a single land parcel, not considered a shopping center, the total aggregate
of all signs, excluding freestanding signs, shall not exceed two (2) square feet in surface area for each
linear foot of combined building frontage of all related buildings. The land parcel or tract is allowed
signage as follows:
(1) C-1 central commercial district.
a. Attached signs. The following regulations shall apply:
1. The sign area of an attached sign is measured by finding the area of the minimum
imaginary rectangle or square of vertical and horizontal lines which fully enclose all
sign words, copy, or message.
2. No sign on a building side shall exceed ten (10) percent of the first floor wall area. The
first floor wall shall be the side used to determine building frontage.
3. No- ha4 Signs may project raa e-tha4 tw,4 } up -to thirty six (36} inches from
the building wall provided the method used to secure the sign to the buiEdino wall is
engineered to withstand wind speeds up to 120 miles per hour. Signs are allowed to
extend down no more than eighteen (18) inches from under the eaves of a roof or
overhang of a porch or breezeway to the top of the sign, provided there shall be a
clearance of sevei ht 8 feet from the bottom of the sign to a walking surface
for pedestrian movement.
4. A mansard roof with an angle of sixty (60) degrees or more from horizontal shall be
considered a wall space for sign purposes. No sign shall project more than tweivc& (
thirty-six 36 inches from the building wall, at the base of the sign.
5. No sign shall extend above the height of the building roof line. In case of a flat roof, no
sign shall extend above the roof line.
Exception: The zoning administrator may approve the installation of a wall sign on the
parapet wall portion of the business frontage where a parapet wall is constructed on
three (3) or more sides of the building for the purpose of concealing mechanical
equipment, provided the sign or portion of the sign does not extend above the parapet
wall. The height of that portion of the parapet wall over the main entrance to the
building may be extended by fifty (50) percent of the parapet wall height, where the
extended portion of the parapet wall meets all building code requirements.
6. All freestanding signs must be secured to the ground or affixed so as not to create a
public safety hazard. Also, no freestanding sign exceeding forty-two (42) inches in
height shall be located within twelve (12) feet of any right-of-way. No sign shall
obstruct the driveway sight distance area at an intersection of a driveway and street.
b. Ground Signs.
Each lot within this district is allowed one ground sign, provided the sign shall be
approved by the zoning administrator and complies with the following regulations:
I. The surface area shall not exceed sixteen (16) square feet per side, three (3) feet
in height, five (5) feet in length, and a maximum of thirty-two (32) square feet of
total aggregate when the lot frontage is less than one hundred (100) feet.
H. The surface area shall not exceed thirty-two (32) square feet per side and a
maximum of sixty-four (64) square feet total aggregate, provided the lot has a
minimum of one hundred (100) feet of road frontage.
I. Each lot within this district is allowed one ground sign, provided the sign shall
comply with the following regulations:
ii. The surface area shall not exceed thirty-two (32) square feet per side and a
maximum of sixty-four (64) square feet total aggregate.
iii. No sign shall obstruct the driveway sight distance area at an intersection of a
driveway and street.
iv. The ground sign may be illuminated, provided that only the sign area shall be lit.
3. If a ground sign is not utilized, each lot within this district is allowed one (1)
freestanding sign, provided the sign shall comply with the following regulations:
I. The surface area shall not exceed one hundred (100) square feet per side and a
maximum of two hundred (200) square feet.
ii. No sign shall obstruct the driveway sight distance area at an intersection of a
driveway and street.
i. The freestanding sign may be illuminated, provided that only the sign area shall
be lit.
(3) C-3 highway commercial district. Signage within this district shall consist of attached signs and
freestanding or ground signs as specified:
a. Attached signs. The following regulations shall apply:
1. The sign area of an attached sign is measured by finding the area of the minimum
imaginary rectangle or square of vertical and horizontal lines which fully enclose all
sign words, copy, or message.
2. No sign on a building side shall exceed ten (10) percent of the first -floor wall area. The
first -floor wall shall be the side used to determine building frontage.
3. No sign shall project more than tweve-(1-2-) thirty-six 36L__J inches from the building wall.
Signs are allowed to extend down no more than eighteen (18) inches from under the
eaves of a roof or overhang of a porch or breezeway to the top of the sign, provided
there shall be a clearance of se en fT} eL
qht-L81feet from the bottom of the sign to a
walking surface for pedestrian movement.
4. A mansard roof with an angle sixty (60) degrees or more from horizontal shall be
considered a wall space for sign purposes. No sign shall project more than twelve (12)
inches from the building wall, at the base of the sign.
5. No sign shall extend above the height of the building roof line. In case of a flat roof, no
sign shall extend above the roof line.
Exception: The zoning administrator may approve the installation of a wall sign on the
parapet wall portion of the business frontage where a parapet wall is constructed on
three (3) or more sides of the building for the purpose of concealing mechanical
equipment, provided the sign or portion of the sign does not extend above the parapet
wall. The height of that portion of the parapet wall over the main entrance to the
building may be extended by fifty (50) percent of the parapet wall height, where the
extended portion of the parapet wall meets all building code requirements.
b. Ground signs. Each lot within this district is allowed one ground sign, provided the sign
shall comply with the following regulations:
1. The surface area shall not exceed thirty-two (32) square feet per side and a maximum
of sixty-four (64) square feet total aggregate.
2. No sign shall obstruct the driveway sight distance area at an intersection of a driveway
and street.
(6) Only one changeable copy sign shall be permitted per property, sign may contain two (2) back
to back faces on a freestanding or ground sign.
a. Electronic portion shall not exceed fifty (50) percent of the primary sign area; Ground signs
not over six (6) feet in height will be eligible to receive a bonus ten (10) percent of area for
a maximum of sixty (60) percent of the primary sign area.
b. Electronic signs for theaters shall not exceed eighty (80) percent of the primary sign area.
c. Does not include gas price signs. See subsection 22-297(a).
d. Does not include drive through restaurants with digital menu boards:
1. Electronic portion of menu boards shall not exceed more than twenty-five (25) percent
of the menu board sign area.
2. Electronic portion of all combined menu boards shall not exceed an area of thirty (30)
square feet per property.
(7) No sign shall be permitted to operate between the hours of 12:00 a.m. and 6:00 a.m. when
within one hundred (100) feet of an existing residential single-family zoning district, including
public rights -of -way in the measurement.
(Ord. No. 02005-11, 7-7-05; Ord. No. 02008-09, 7-8-08)
Secs. 22-298-22-310. - Reserved.
DIVISION 4. - OUTDOOR ADVERTISING
Sec. 22-311. - Permitted districts.
(a) Outdoor advertising signs shall be permitted only in the 1-100 industrial district, except as specified
in subsection (b) of this section.
(b) Outdoor advertising signs may be permitted in 1-10 zoning districts outside the corporate limits, but
within the extraterritorial jurisdiction, provided that a minimum of the standards in this division have
been met, that the application for a permit has received the approval of the planning board and the
city council, and the application fee is paid. The oo-nd#oaa special use permit will be valid for a
period of three (3) years, at which time it must be renewed by the planning board and the city
council. The permit may be renewed for another three-year period or cancelled.
(c) Outdoor advertising signs shall be allowed in C-3 zoning districts immediately adjacent to Interstate
95 located as provided in section 22-315.
(Ord. No. 02005-11, 7-7-05; Ord. No. 02006-03, 7-6-06)
Cross reference— C-3 highway commercial district; principal permitted uses, § 22-181.
Sec. 22-312. - Setback.
Outdoor advertising signs shall in no case be located any closer than thirty (30) feet to any property
line. No advertising structure shall be located closer than one hundred fifty (150) feet to a lot zoned for
residential purposes.
(Ord. No. 02005-11, 7-7-05)
Sec. 22-313. - Area, height, and width.
Minimum permanent off-street parking space, with adequate provision for ingress and egress by
standard -sizes sized vehicles in accordance with the requirements of this code, shall be provided at the
time of the erection of any building and at the time any buildings are altered, enlarged, converted or
increased in capacity.
(1) Purpose and intent. Parking lots, loading areas, and similar facilities are necessary elements in
the urban environment. However, these facilities have been known to cause the following
negative impacts:
a. Increased storm water volume and velocity;
b. Increased surface pollutants;
c. Increased surface level heat and glare;
d. Reduction in the efficiency of the connecting street system;
e. Reduction in the operations of the surrounding pedestrian and bicycle network;
f. To mitigate these negative impacts, and to provide adequate service, the city has enacted
standards to regulate the construction, expansion and renovation of such facilities.
(2) Applicability.
a. New development. The off-street parking and loading standards of this section shall apply
to the erection of any building, and to any new use established.
b. Downtown exempted. However, within the central commercial district, there shall be no
minimum parking requirements in existing platted areas that are, or previously have been,
in commercial use.
C. Expansions and alterations. The off-street parking and loading standards of this section
shall apply when an existing structure or use is expanded or enlarged. Additional off-street
parking and loading spaces shall be required to serve only the enlarged or expanded area,
provided that in all cases the number of off-street parking and loading spaces provided for
the entire use (pre-existing plus expansion) must equal at least seventy-five (75) percent of
the minimum ratio established in the off-street parking schedules of this section.
d. Change of use. Off-street parking and loading must be provided for any change of use or
manner of operation that would, based on the off-street parking schedules of this section,
result in a requirement for more parking or loading spaces than the existing use.
(Ord. No. 02011-06, 5-10-11)
Sec. 22-342. - Parking plans approved with zoning compliance/development permit.
Each application for a zoning compliance/development permit shall include information as to the
number, location, and dimensions of off-street parking and loading space and the means of ingress and
egress to such place. This information shall be in sufficient detail to enable the zoning/planning director to
determine whether or not the requirements of this article are met.
(Ord. No. 02011-06, 5-10-11)
Sec. 22-343. - Parking space requirements; combination of uses; location of the lot.
(a) Reserved.
(b) Combination of uses. Where there is a combination of uses on a lot, the required number of spaces
shall be the sum of that found for each use. The required space assigned to one (1) use may not be
assigned to another use, except that one-half (%) 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 night and on Sundays.
(c) Location of the lot. The parking spaces required by this Code shall be provided on the same lot as
the use or where the exclusive use of such is provided on another lot not more than five hundred
(500) feet radially from the subject lot within the same or less -restrictive zoning districts. In such
cases, the applicant for a zoning clearance for the principal use shall submit with his their application
an instrument, duly executed and acknowledged, and recorded with the Harnett County Register of
Deeds, which subjects such land to parking use in connection with the principal use for which it is
made available.
(Ord. No. 02011-06, 5-10-11)
Sec. 22-344. - Parking space requirements; generally.
(a) Width. A minimum width of nine (9) feet shall be provided for each parking space.
Exceptions:
(1) Compact parking spaces shall be permitted to be eight (8) feet wide.
(2) Parallel parking spaces shall be permitted to be eight (8) feet wide.
(3) The width of a parking space shall be increased ten (10) inches for obstructions located on
either side of the space within fourteen (14) feet of the access aisle.
(4) Developers are encouraged to provide parking widths up to ten (10) feet wide to accommodate
larger vehicles and where the provision of a wider space would facilitate the entering and exiting
of passengers from vehicles typical to a specific use.
(b) Length. A minimum length of twenty (20) feet shall be provided for each parking space.
Exceptions:
(1) Compact parking spaces shall be permitted to be eighteen (18) feet in length.
(2) Parallel spaces shall be a minimum of twenty-two (22) feet in length.
(c) Identification of compact spaces. All compact spaces shall be clearly marked as such by sign or by
pavement signage.
(d) Compact -to standard space ratio. The maximum ratio of compact spaces to standard spaces in any
parking area shall not exceed one (1) to six (6).
(e) Space accessibility. Each required parking space shall be individually and easily accessible. No
automobile shall be required to back onto any public street or sidewalk to leave any parking space
when such a space serves more than two dwellings or other than residential uses. No automobile
shall be allowed to exit from a parking space directly onto any public road when such a space serves
more than two (2) dwellings or other than residential uses. All portions of a public lot or garage shall
be accessible to other portions thereof without requiring the use of any public street.
(1) Every parking space shall be provided with access from an internal drive.
a. Driveways with sixty -degree parking shall have a minimum aisle width of twenty-four (24)
feet.
b. Driveways with ninety -degree parking shall have a minimum aisle width of twenty-five (25)
feet. (Revised 03-04-04)
(Ord. No. 02011-06, 5-10-11)
Sec. 22-345. - Design of parking facilities and access management.
Sec. 22-345. - Design of parking facilities and access management.
Driveways for all commercial, industrial, office and multiple -family developments shall be located a
minimum of sixty (60) feet from the intersection of two (2) public roads. Driveways for developments
in excess of three (3) acres shall be located with the purpose of minimizing traffic hazards,
inconvenience, and congestion. Both of these provisions are to increase public safety and minimize
injury and property damage.
(1) Entrance driveway width. Every parking facility or driveway access shall be provided with one
(1) or more access points and all access points shall follow these dimensional requirements:
(2) For residential driveways.
a. Shall not exceed sixteen (16) feet in width at the property line.
b. Shall be installed a minimum of five (5) feet to a side property line.
C. Shall be paved between the edge of the existing roadway pavement edge and the front
property line.
(3) For non-residential driveways.
a. Shall not exceed fourteen (14) feet in width at the property line for one-way enter/exit.
b. Shall not exceed twenty-six (26) feet in width at the property line feet for two-way enter/exit.
Additional lanes shall be twelve (12) feet for each exit direction, for developments in
excess of one (1) acre.
c. Shall be installed a minimum of five (5) feet to a side property line.
d. Entrances for developments in excess of three (3) acres may be required to extend or to
construct public roads into the development. (Revised 03-04-04)
(Ord. No. 02011-06, 5-10-11)
(b) Driveway and ramp slopes. The maximum slope of any driveway or ramp shall not exceed twenty
(20) percent. Transition slopes in driveways and ramps shall be provided in accordance with the
standards set by code official and the jurisdiction's engineer.
(c) Number of driveway access points. Developments should minimize or eliminate curb cuts along
arterials. Where possible, vehicular access should be shared with the adjacent properties and/or
alleys or should be utilized for access. All lots, parcels, or any other division of land adjacent to an
arterial roadway may be allowed driveways or street connections in accordance with the following:
Parcel Frontage
Number of Driveways Allowed
< 350 feet
1
351-950 feet
I L
13
> 951 feet
Generally outparcels will not be allowed to have a separate road access;
Indoor storage/warehousing/vehicle service/manufacturing area
• 1-3,000 square feet
1 per 250 square feet
• 3,001-5,000 square feet
1 per 500 square feet
• 5,001-10,000 square feet
1 per 750 square feet
• 10,001-50,000
1 per 1,250 square feet
• 50,001 square feet
1 per 2,000 square feet
(c) Off -Street parking schedule "C. " Uses that reference schedule "C" have widely varying parking and
loading demand characteristics, making it impossible to specify a single off-street parking or loading
standard. Upon receiving a development application for a use subject to schedule "C" standards, the
planning director shall apply the off-street parking and loading standard specified for the listed use
that is deemed most similar to the proposed use, or shall establish minimum off-street parking
requirements on the basis of a parking and loading study prepared by the applicant. Such as study
must include estimates of parking demand based on recommendations of the Institute of Traffic
Engineers (ITE), or other acceptable estimates as approved by the planning director, and should
include other reliable data collected from uses or combinations of uses that are the same as, or
comparable with, the proposed use. Comparability will be determined by density, scale, bulk, area,
type of activity, and location. The study must document the source of data used to develop the
recommendations.
(Ord. No. 02011-06, 5-10-11)
Sec. 22-347. - Reserved.
Sec. 22-348. - Off-street loading requirements generally.
(a) The number of off-street loading berths required by this section shall be considered as the absolute
minimum. The developer should evaluate his or her own needs to determine if they are greater than
the minimum specified by this section. For the purposes of this section, an off-street loading berth
shall have minimum plan dimensions of twelve (12) feet by twenty-five (25) feet and fourteen (14)
feet overhead clearance, with adequate means for ingress and egress.
(b) The number of off-street loading berths required shall be as follows:
Square Feet of Gross Floor Area
Required Number of Berths
25,000-40,000
1
40,000-100,000
2
Developments which embrace only one (1) side of an existing or planned collector street right-of-way
will only be required to dedicate and plat additional right-of-way, and shall be responsible for the cost and
the installation of the improvements in accordance with the city's standards for roadways.
New developments will also be required to provide a collector street to the outer perimeter
boundaries of the development based on the criteria below. If the street in question meets at least two (2)
of the criteria, then the street must be built to an appropriate collector street standard.
(1) The street intersects directly with an arterial street and provides access to an area with an
overall density of ten (10) dwelling units per acre, or provides access to more than one hundred
fifty (150) dwelling units.
(2) The street by its general configuration, in relationship to the existing development of the area,
in effect serves a collector function.
(3) The street extends into an undeveloped area in such a manner as to serve a future collector
street function.
(4) The street serves as primary access to a significant nonresidential, institutional, or recreational
land, as well, as an access to a residential area of twenty (20) or more acres.
(Ord. No. 02011-06, 5-10-11)
Sec. 22-353. - Vehicular connectivity.
(a) Street arrangement. Streets should be designed and located so that they relate to the topography,
preserve natural feature such as streams and tree growth and provide for adequate public safety and
convenience. Vehicular connections from adjacent property (street stub -outs) must be utilized unless
the planning board deems the connection impractical due to topographic conditions, environmental
constraints, property shape or property accessibility.
When a through street or a series of streets establishes a connection between two (2) public streets,
such street shall be a public street. Local public and private streets may incorporate traffic calming
devices. Streets should be designed so pedestrians have convenient and safe means to cross streets.
Allowable treatments may include, but are not limited to, roundabouts, raised pedestrian crosswalks,
multi -way stops, bulb -outs, alternative pavement treatments, and signals at cross walks when warranted.
(b) Cross access. Traffic studies have shown that highly connected street networks provide much
greater traffic throughout and mobility for a community, at less cost. A high degree of connectivity
should occur not only at the level of the arterials, but also on collector, local and other secondary
roads. Such connectivity vastly improves a street network's performance. The street pattern should
not force short trips of one (1) or two (2) miles onto arterials; it should be possible to make trips of
this sort by using collector or other secondary streets. With a highly connected street network, cross -
city trips should be possible using fairly direct secondary roads.
All development in commercial and industrial zoning districts shall be designed to allow for cross -
access to adjacent properties within commercial and industrial zoning districts to encourage shared
parking and shared access points on public and private streets. When cross access is deemed
impractical by the planning director on the basis of severe topography, environmental constraints, or
vehicular safety factors, the requirement may be waived provided that appropriate bicycle and pedestrian
connections are provided between adjacent developments or land uses. Development plans should
provide cross -access easement and complete the connection if completing the link can derive an
immediate benefit. If no immediate benefit can be derived, development plans should provide cross
access and construction easements and arrange the site design so when the adjoining property owner
extends the connection to the property line, the link will be completed. If the link is to be completed in the
future, the grade of the connection, parking, landscaping, and other improvements must be set to allow
for extension into the adjacent property.
Sec. 22-369. - Height limit exceptions.
Architectural features and mechanical appurtenances occupying an area no greater than five (5)
percent of the total area of a building may exceed the height limits of the district in which such features
and appurtenances are located, but in no instance shall the features or appurtenances be higher than one
and two -tenths (1.2) times the maximum building height permitted in such district.
(Code 1974, § 25-84)
Sec. 22-370. - Temporary buildings and uses.
Temporary use of property for bazaars, carnivals, circuses, religious revivals, sports events, or any
temporary use approved by the city manager as similar in nature shall be permitted in any district,
provided that property so used is not occupied by such use or by any temporary building housing such
use for more than sixty (60) days in any one calendar year, provided further, that such use and all
auxiliary and accessory functions connected with such use including off-street parking, are located no
nearer than three hundred (300) feet to any building used for single-family dwelling purposes.
Temporary use of property for construction offices shall be permitted in any district at any site where
erection, additions, relocations, or structural alterations conforming to the provisions of this chapter are
taking place, provided that such construction office shall be removed immediately upon completion of
such erection, addition, relocation, or structural alteration.
Temporary buildings in residential districts shall be permitted, when they are to be used only for
construction purposes or as a field office located within and for the sale of real estate within a subdivision
approved by the city, provided that such construction office shall be removed immediately upon
completion or abandonment of construction, and that such field office shall be removed immediately upon
sale of ninety-five (95) percent of the lots in the subdivision.
(Code 1974, § 25-85; Ord. No. 02004-11, 6-3-04)
Sec. 22-371. - Traffic signs exempt.
Nothing in this chapter shall be construed to prohibit traffic signs of a public nature when, in the
opinion of the city manager or the state highway commission, they are necessary to the safety of the
public.
(Code 1974, § 25-86)
Secs. 22-372-22-390. - Reserved.
ARTICLE VII. - STATUTORY ZONING VESTED RIGHT AND STATUTORY AND COMMON LAW VESTED
RIGH1171
Footnotes:
--- (7) ---
Editor's note— Ordinance No. 1991-005, §§ 1-10, adopted September 5, 1991, amended Art. VII to
read as herein set out. Prior to such amendment, Art. VII consisted of §§ 22-391-22-404, which
pertained to mobile homes and parks and derived from §§ 25-87-25-100 of the 1974 Code, and from
Ord. No. 1990-014, adopted Sept. 6, 1990.
Sec. 22-391. - Purpose.
The purpose of this chapter is to implement the provisions of G.S. 60A4854 160D-108. pursuant
MME .
(Ord. No. 1991-005, § 1, 9-5-91)
Sec. 22-392. - Definitions.
As used in this chapter, the following terms shall have the meaning indicated:
Approval authority means city council or other board or official designated by ordinance or this
chapter as being authorized to grant the specific zoning or land use permit or approval that constitutes a
site -specific development plan.
Site -specific development plan means a plan of land development submitted to the city for purposes
of obtaining one (1) of the following zoning or land used permits or approvals:
(1) Subdivision final plat approval.
(2) Manufactured housing building permit.
(3) Planned development approval.
(4) Special use approval.
(5) Conditional use zoning approval.
(6) Variance approval.
Notwithstanding the foregoing, neither a variance, a sketch plan nor any other document that fails to
describe with reasonable certainty the type and intensity of use for a specific parcel or parcels of
property shall constitute a site -specific development plan.
Zoning vested right means a right pursuant to G.S. 16OD-108 to undertake and complete
the development and use of property under the terms and conditions of an approved site -specific
development plan.
(Ord. No. 1991-005, § 2, 9-5-91)
Sec. 22-393. - Establishment of a zoning vested right.
(a) A zoning vested right shall be deemed established upon the valid approval, or conditional approval,
by the city council, of a site -specific development plan, following notice and public hearing.
(b) The approving authority may approve a site -specific development plan upon such terms and
conditions as may reasonably be necessary to protect the public health, safety, and welfare. Thecity
shall not require a landowner tc waive vested rights as a condition of a site specific development
pan.
(c) Notwithstanding subsections (a) and (b), approval of a site -specific development plan with the
condition that a variance be obtained shall not confer a zoning vested right unless and until the
necessary variance is obtained.
(d) A site -specific development plan shall be deemed approved upon the effective date of the approval
authority's action or ordinance relating thereto.
(e) The establishment of a zoning vested right shall not preclude the application of overlay zoning that
imposes additional requirements but does not affect the allowable type or intensity of use, or
ordinances or regulations that are general in nature and are applicable to all property subject to land
use regulation by the city, including, but not limited to, building, fire, plumbing, electrical, and
mechanical codes. Otherwise applicable new or amended regulations shall become effective with
respect to property that is subject to a site -specific development plan upon the expiration or
termination of the vested right in accordance with this chapter.
(f) A zoning vested right is not a personal right, but shall attach to and run with the applicable property.
After approval of a site -specific development plan, all successors to the original landowner shall be
entitled to exercise such right while applicable.
(Ord. No. 1991-005, § 3, 9-5-91)
Sec. 22-394. - Approval procedures and authority.
(a) Except as otherwise provided in this section, an application for site -specific development plan
approval shall be processed in accordance with the procedures established by ordinance and shall
be considered by the designated approval authority for the specific type of zoning of land use permit
or approval for which application is made.
(b) Notwithstanding the provisions of subsection (a), if the authority to issue a particular zoning or land
use permit or approval has been delegated by ordinance to a board, committee or administrative
official other than the city council, board of adjustment, or other planning agency designated to
perform any or all of the duties of the board of adjustment, in order to obtain a zoning vested right,
the application must request in writing at the time of application that the application be considered
and acted on by the city council, following notice and a public hearing as provided in G.S. 16�
160D-601.
(c) In order for a zoning vested right to be established upon approval of a site -specific development
plan, the applicant must indicate at the time of application, on a form to be provided by the city, that a
zoning vested right is being sought.
(d) Each map, plat, site plan or other document evidencing a site -specific development plan shall
contain the following notation: "Approval of this plan establishes a zoning vested right under G.S.
469A-39&.4 160D-108, Unless terminated at an earlier date, the zoning vested right shall be valid
until (date)."
(e) Following approval or conditional approval of a site -specific development plan, nothing in this
chapter shall exempt such a plan from subsequent reviews and approvals to ensure compliance with
the terms and conditions of the original approval, provided that such reviews and approvals are not
inconsistent with the original approval.
(f) Nothing in this chapter shall prohibit the revocation of the original approval or other remedies for
failure to comply with applicable terms and conditions of the approval or the zoning ordinance.
(Ord. No. 1991-005, § 4, 9-5-91)
Sec. 22-395. - Duration.
(a) A zoning right that has been vested as provided in this chapter shall remain vested for a period of
two (2) years unless specifically and unambiguously provided otherwise pursuant to subsection (b).
This vesting shall not be extended by any amendments or modifications to a site -specific
development plan unless expressly provided by the approval authority at the time the amendment or
modification is approved.
(b) Notwithstanding the provisions of subsection (a), the approval authority may provide that rights shall
be vested for a period exceeding two (2) years but not exceeding five (5) years where warranted in
light of all relevant circumstances, including, but not limited to, the size of the development, the level
of investment, the need for or desirability of the development, economic cycles, and market
conditions. These determinations shall be in the sound discretion of the approval authority at the time
the site -specific development plan is approved.
(c) Upon issuance of a building permit, the expiration provisions of G.S. 46OA-418 160P-403(c) and the
revocation provisions of G.S. 160A 422 160D-403(f} shall apply, except that a building permit shall
not expire or be revoked because of the running of time while a zoning vested right under this
section is outstanding.
�'d Seven years—hJrulPl-p ase develapment Notithsta€rdinq the provisions or subsections Lai and (b}
the approval aud
hat (i} €s s� bm't ed for site phn approval for construction to occur In more than one pha��
(Ord. No. 1991-005, § 5, 9-5-91)
Sec. 22-396. - Termination.
A zoning right that has been vested as provided in this chapter shall terminate:
(1) At the end of the applicable vesting period with respect to buildings and uses for which no valid
building permit applications have been filed;
(2) With the written consent of the affected landowner;
(3) Upon findings by the city council, by ordinance after notice and a SAG legislative hearing, that
natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected,
would pose a serious threat to the public health, safety, and welfare if the project were to
proceed as contemplated in the site -specific development plan;
(4) Upon payment to the affected landowner of compensation for all costs, expenses, and other
losses incurred by the landowner, including, but not limited to, all fees paid in consideration of
financing, and all architectural, planning, marketing, legal, and other consultant's fees incurred
after approval by the city, together with interest thereon at the legal rate until paid.
Compensation shall not include any diminution in the value of the property which is caused by
such action;
(6) Upon findings by the city council, by ordinance after notice and an evidentia y hearing, that the
landowner or his representative intentionally supplied inaccurate information or made material
misrepresentations which made a difference in the approval by the approval authority of the
site -specific development plan; or
(6) Upon the enactment or promulgation of a state or federal law or regulation that precludes
development as contemplated in the site -specific development plan, in which case the approval
authority may modify the affected provisions, upon a finding that the change in state or federal
law has a fundamental effect on the plan, by ordinance after notice and an evidentiary hearing.
(Ord. No. 1991-005, § 6, 9-5-91)
Sec 22-397 — Statutory or Common Law Vested Right.
A person claiming a statutory or common law vested right may submit information to substantiate that
claims to the zoning administrator who shall make an initial determination as to the existence of the
vested right The decision of the zoning administrator may be appealed pursuant to G.S. 160D-405. On
appeal the existence of a vested right shall be reviewed de novo.
Sec. 22-39-78. -Voluntary annexation.
A petition for annexation filed with the city under G.S. 160A-31 or G.S. 160A-58.1 shall contain a
signed statement declaring whether or not any zoning vested right with respect to the properties subject
to the petition has been established under G.S.160A-385..1 160D-108 or G bS 193A-3444. A statement
that declares that no zoning vested right has been established under G.S. 160A-39& 160D-108 er-G .
453A-344-, or the failure to sign a statement declaring whether or not a zoning vested right has been
established, shall be binding on the landowner and any such zoning vested right shall be terminated.
(Ord. No. 1991-005, § 7, 9-5-91)
Sec. 22-3989. - Limitations.
Nothing in this chapter is intended or shall be deemed to create any vested right other than those
established pursuant to G.S. 460A-185-.4 160D-108.
(Ord. No. 1991-005, § 8, 9-5-91)
Sec. 22-399 400. - Repealer.
In the event that G.S. 460A-385.1 160D-108 is repealed, this chapter shall be deemed repealed and
the provisions hereof no longer effective.
(Ord. No. 1991-005, § 9, 9-5-91)
Sec. 22-4001. - Effective date.
This chapter shall be effective Qe,o er-47 4s 4 January 1 2021, and shall only apply to site -specific
development plans approved on or after 9steber4-1091 January 1 2021.
(Ord. No. 1991-005, § 10, 9-5-91)
Secs. 22-40-12-22-440. - Reserved.
ARTICLE Vill. - TRAVEL TRAILERS AND TRAILER CAMPGROUNDS
Sec. 22-441. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Dependent trailer means a travel trailer which does not have a flush toilet, a lavatory, and a bath or
shower.
Private road or roadway means any street within a mobile home park or travel trailer campground not
publicly maintained and utilized for access by the occupants of the park or campground, their guests, and
the public.
Sanitary station means a facility provided for the removing and disposing of wastes from trailer
holding tanks.
(Code 1974, § 25-109)
Sec. 22-450. -Temporary facilities for travel trailer rallies.
Any person desiring to furnish temporary facilities for accommodating a travel trailer rally or other
group of trailers assembled for the purpose of traveling together shall make application for such activity to
the city manager. The requirements for a service building and other sanitary and physical facilities may be
waived by the city manager on the determination that public health will not be endangered, but the
location of the site, the facilities which are provided, and the method of conducting such rally shall be
acceptable to the city manager before a special license shall be issued, specifying the locations of the site
and any other condition of issuance.
(Code 1974, § 25-110)
Secs. 22-451-22-460. - Reserved.
ARTICLE IX. - C 9AT40NAL SPECIAL USES
DIVISION 1. - GENERALLY
Sec. 22-461. - Enumerated by district.
The following conditional special uses are permitted in the various districts as indicated:
(1) RA-40 single-family dwelling and agricultural district.
a. Solar farm; all solar farms shall meet the following requirements:
1. Setbacks: All solar panels, and any related equipment shall meet the principal building
setbacks except where abutting residential property which requires a one hundred
(100) feet minimum setback.
2. Height: Individual module/panels shall be a maximum of twenty-five (25) feet in height
as measured from the grade at the base of the structure to the apex of the structure.
3. Site plan: A site plan, drawn and stamped by a North Carolina licensed surveyor or
engineer, shall be submitted showing the following:
i. The location and dimensions of all proposed areas for the placement of solar
panels, mechanical buildings, screening/fencing and related improvements;
ii. Distance of all structures from the property line;
iii. Any preexisting structures on the same lot, and principal structures on other
properties that would affect the placement of solar panels;
iv. Parking and access areas;
v. Location of any proposed solar access easements;
vi. Location where wiring is brought together for inter -connection to system
components and/or the local utility power grid, and location of disconnect switch;
vii. Any proposed new structures; and
viii. Any other relevant elements as requested by the planning and inspections
department.
4. Other requirements:
I. Solar farms shall be fully screened from adjoining properties and adjacent roads
by an evergreen buffer capable of reaching a height of ten (10) feet within three
(3) years of planting, with at least seventy-five (75) percent opacity at the time of
planting.
ii. All outdoor lighting shall be full cut-off features and shall only illuminate onto the
system's premises and surrounding fence area and may be of sufficient intensity
to ensure security.
III. Solar panels shall be mounted onto a pole, rack or suitable foundation, in
accordance with manufacturer specifications, in order to ensure the safe
operation and stability of the system. The mounting structure (fixed or tracking
capable) shall be comprised of materials approved by the manufacturer, which
are able to fully support the system components and withstand adverse weather
conditions.
iv. Multiple mounting structures shall be spaced apart at the distance recommended
by the manufacturer to ensure safety and maximum efficiency.
v. No ground -mounted large solar energy systems shall be affixed to a block wall or
fence.
vi. With the exception of the manufacturer's, or installer's identification, appropriate
warning signs, and owner identification sign, all other signs shall be prohibited.
Not more than one (1) manufacturer label bonded to or painted upon the solar
energy system shall be permitted.
vii. It is the responsibility of the owner to remove all obsolete or unused systems
within twelve (12) months of cessation of operations.
viii. The planning director shall be provided copies of any lease agreement, solar
access easement, and plan for removal of system/equipment. If the system is to
be interconnected to the local utility power grid, a copy of the conditional special
approval from the local utility must also be provided.
ix. The farm and components shall meet all requirements of the North Carolina
State Building Code.
x. The farm and components shall comply with the current edition of the National
Electrical Code, UL listed, and be designed with an anti -reflective coating.
A. The electrical disconnect switch shall be clearly identified and unobstructed, and
shall be noted clearly on the site plan.
xii. The owner or future owner of a property onto which a solar farm is installed
assumes all risk associated with diminished performance of said system caused
by any present or future adjacent structure or landscaping that may interfere with
the system's ability to produce power at its rated capacity, regardless of when
that adjacent structure or landscaping is constructed or installed.
(2) R-20 single-family dwelling district.
a. Temporary buildings;
b. Planned residential developments;
c. Child care/day care facility;
d. All solar farms shall meet the following requirements:
1. Setbacks: All solar panels, and any related equipment shall meet the principal building
setbacks except where abutting residential property which requires a one hundred
(100) feet minimum setback.
2. Height: Individual module/panels shall be a maximum of twenty-five (25) feet in height
as measured from the grade at the base of the structure to the apex of the structure.
3. Site plan: A site plan, drawn and stamped by a North Carolina licensed surveyor or
engineer, shall be submitted showing the following:
I. The location and dimensions of all proposed areas for the placement of solar
panels, mechanical buildings, screening/fencing and related improvements;
ii. Distance of all structures from the property line;
iii. Any preexisting structures on the same lot, and principal structures on other
properties that would affect the placement of solar panels;
iv. Parking and access areas;
v. Location of any proposed solar access easements;
vi. Location where wiring is brought together for inter -connection to system
components and/or the local utility power grid, and location of disconnect switch;
vii. Any proposed new structures; and
viii. Any other relevant elements as requested by the planning and inspections
department.
4. Other requirements:
i. Solar farms shall be fully screened from adjoining properties and adjacent roads
by an evergreen buffer capable of reaching a height of ten (10) feet within three
(3) years of planting, with at least seventy-five (75) percent opacity at the time of
planting.
ii. All outdoor lighting shall be full cut-off features and shall only illuminate onto the
system's premises and surrounding fence area and may be of sufficient intensity
to ensure security.
i. Solar panels shall be mounted onto a pole, rack or suitable foundation, in
accordance with manufacturer specifications, in order to ensure the safe
operation and stability of the system. The mounting structure (fixed or tracking
capable) shall be comprised of materials approved by the manufacturer, which
are able to fully support the system components and withstand adverse weather
conditions.
iv. Multiple mounting structures shall be spaced apart at the distance recommended
by the manufacturer to ensure safety and maximum efficiency.
v. No ground -mounted large solar energy systems shall be affixed to a block wall or
fence.
vi. With the exception of the manufacturer's, or installer's identification, appropriate
warning signs, and owner identification sign, all other signs shall be prohibited.
Not more than one (1) manufacturer label bonded to or painted upon the solar
energy system shall be permitted.
vii. It is the responsibility of the owner to remove all obsolete or unused systems
within twelve (12) months of cessation of operations.
viii. The planning director shall be provided copies of any lease agreement, solar
access easement, and plan for removal of system/equipment. If the system is to
be interconnected to the local utility power grid, a copy of the conditional special
approval from the local utility must also be provided.
ix. The farm and components shall meet all requirements of the North Carolina
State Building Code.
ii. Government buildings and uses and public utility uses, excluding warehouses,
storage yards, and outside, overnight truck parking;
iii. Public and private noncommercial recreational uses and facilities, such as
country clubs, and golf courses, parks and playgrounds;
iv. Reserved;
v. Reserved.
b. Accessory conditional special uses: The following accessory Genditiona4 special uses shall
be permitted in an R-M multifamily dwelling district, provided that when any such use shall
be detached from the principal structure of the property on which it is located, such use
shall be located in the rear yard and not less than thirty (30) feet from any street right-of-
way:
1. Automobile parking and garages, only as an accessory use to the principal;
2. Reserved;
3. Club house, child care facility, recreational facilities, laundry room, for use of tenants,
employees, patients, patrons, students or visitors and not the general public;
4. Reserved;
5. Private, noncommercial swimming pool, meeting the requirements of the North
Carolina Building Code for residential swimming pools.
C. Dimensional requirements for R-M multi -family dwelling district conditional special uses.
Lots and structures in an R-M multi -family dwelling district shall conform to the following
dimensional requirements:
1. Minimum requirements for all conditional special uses except single-family dwellings:
i. Depth of front yard: Thirty (30) feet.
ii. Depth of rear yard: Fifteen (15) feet.
iii. Width of side yard: Fifteen (15) feet.
iv. Width of lot: Seventy (70) feet, plus five (5) feet per dwelling unit.
v. Depth of lot: One hundred (100) feet.
vi. Area of lot: Six thousand (6,000) square feet, plus two thousand (2,000) square
feet per dwelling unit, plus two thousand (2,000) square feet per building used for
dwelling purposes.
vii. Distance between buildings: Forty (40) feet, except where no windows face
upon the space between buildings, in which case the minimum distance between
buildings shall be ten (10) feet.
2. Minimum requirements for each single-family attached dwelling:
i. Depth of front yard: Twenty-five (25) feet.
ii. Depth of rear yard: Twenty-five (25) feet.
iii. Width of side yard: None, except on a side not attached by party wall
arrangement to another single-family attached dwelling, in which case the
minimum side yard shall be fifteen (15) feet.
iv. Width of lot: Thirty (30) feet.
v. Depth of lot: Ninety (90) feet.
vi. Area of lot: Three thousand (3,000) square feet.
iii. Solar panels shall be mounted onto a pole, rack or suitable foundation, in
accordance with manufacturer specifications, in order to ensure the safe
operation and stability of the system. The mounting structure (fixed or tracking
capable) shall be comprised of materials approved by the manufacturer, which
are able to fully support the system components and withstand adverse weather
conditions.
iv. Multiple mounting structures shall be spaced apart at the distance recommended
by the manufacturer to ensure safety and maximum efficiency.
v. No ground -mounted large solar energy systems shall be affixed to a block wall or
fence.
vi. With the exception of the manufacturer's, or installer's identification, appropriate
warning signs, and owner identification sign, all other signs shall be prohibited.
Not more than one (1) manufacturer label banded to or painted upon the solar
energy system shall be permitted.
vii. It is the responsibility of the owner to remove all obsolete or unused systems
within twelve (12) months of cessation of operations.
viii. The planning director shall be provided copies of any lease agreement, solar
access easement, and plan for removal of system/equipment. If the system is to
be interconnected to the local utility power grid, a copy of the eenditienat special
approval from the local utility must also be provided.
ix. The farm and components shall meet all requirements of the North Carolina
State Building Code.
x. The farm and components shall comply with the current edition of the National
Electrical Code, UL listed, and be designed with an anti -reflective coating.
A, The electrical disconnect switch shall be clearly identified and unobstructed, and
shall be noted clearly on the site plan.
Al. The owner or future owner of a property onto which a solar farm is installed
assumes all risk associated with diminished performance of said system caused
by any present or future adjacent structure or landscaping that may interfere with
the system's ability to produce power at its rated capacity, regardless of when
that adjacent structure or landscaping is constructed or installed.
(12) I-10 restricted industrial district.
a. Any industrial use which the city council, after having received a report and
recommendation from the planning board, finds can conform to the following requirements:
1. There is no unusual fire, explosion, or safety hazard. All activities involving customary
hazards are provided with adequate safety devices, and there shall be no burning of
waste materials in open fire.
2. There are no activities which emit dangerous radioactivity or undue electrical
disturbances.
3. There is no production of noise detectable at any property line of the property on
which the use is located, which exceeds, both in intensity and frequency, normal
street and air traffic noises or is otherwise more offensive than such.
4. There is no emission of smoke in excess of any density described as number 1, as
measured by a standard Ringelmann Chart, as prepared by the United States Bureau
of Mines, provided that smoke of a density not in excess of number 2 on a
Ringelmann Chart will be permitted for a period not in excess of four (4) minutes in
any thirty -minute period.
vi. With the exception of the manufacturer's, or installer's identification, appropriate
warning signs, and owner identification sign, all other signs shall be prohibited.
Not more than one (1) manufacturer label bonded to or painted upon the solar
energy system shall be permitted.
vii. It is the responsibility of the owner to remove all obsolete or unused systems
within twelve (12) months of cessation of operations.
viii. The planning director shall be provided copies of any lease agreement, solar
access easement, and plan for removal of system/equipment. If the system is to
be interconnected to the local utility power grid, a copy of the eendtie" special
approval from the local utility must also be provided.
ix. The farm and components shall meet all requirements of the North Carolina
State Building Code.
x. The farm and components shall comply with the current edition of the National
Electrical Code, UL listed, and be designed with an anti -reflective coating.
A. The electrical disconnect switch shall be clearly identified and unobstructed, and
shall be noted clearly on the site plan.
xii. The owner or future owner of a property onto which a solar farm is installed
assumes all risk associated with diminished performance of said system caused
by any present or future adjacent structure or landscaping that may interfere with
the system's ability to produce power at its rated capacity, regardless of when
that adjacent structure or landscaping is constructed or installed.
(Code 1974, § 25-111; Ord. of 1-5-89(2); Ord. No. 1995-001, 4-7-95; Ord. No. 2000-02, 4-6-00;
Ord. No. 02003-16, 12-10-03; Ord. No. 02004-01, 3-4-04; Ord. No. 02004-02, 3-4-04; Ord. No.
02004-05, 3-4-04); Ord. No. 02004-08, 5-6-04; Ord. No. 02004-09, 5-6-04; Ord. No. 02004-10,
5-6-04; Ord. No. 02005-03, 2-3-05; Ord. No. 02006-05, 9-7-06; Ord. No. 02008-05, 2-7-08;
Ord. No. 02008-15, 11-17-08; Ord. No. 02010-03, 4-13-10; Ord. No. 2013-05, 7-9-13; Ord. No.
02014-17(Att. 41), 12-9-2014)
Sec. 22-462. - Applicability of article to use variances.
The variance procedure for the board of adjustment shall not be interpreted to cover use variances in
a zoning district. A use variance shall be defined as allowing a use within a zoning district which is not
listed as permitted or conditional special use.
(Code 1974, § 25-112)
Secs. 22-463-22-480. - Reserved.
DIVISION 2. - PERMIT
Sec. 22-481. - Generally.
For uses listed as Goad tloaal special in each zoning district, the city council shall hear and decide on
applications to permit the proper integration into the community of uses which may be suitable only in
specific locations in a district or only if such uses are designed or laid out on the site in a particular
manner. All applications for conditional special use permits shall be reviewed by the planning board and
recommendations made by the planning board shall be considered by the board of commissioners in
actions related to the application.
(Code 1974, § 25-113)
Sec. 22-482. - Application.
(a) Submission. Applications for conditional special use permits, signed by the applicant, shall be
addressed to the board of commissioners and presented to the zoning administrator.
(b) Fee. A fee shall be paid to the city for each application to cover the costs of advertising and
administrative costs.
(c) Contents. Each application shall contain or be accompanied by such legal descriptions, maps,
plans, and other information so as to completely describe the proposed use and existing conditions.
(d) Forwarding to council; notice to planning board. The application shall be forwarded to the city
council, and the zoning administrator shall notify the chairman of the planning board of the
application.
(Code 1974, § 25-114; Ord. No. 02010-13, 10-12-10)
Sec. 22-483. - Public hearing.
(a) Scheduling. The mayor shall schedule a public hearing on the application for a send tional special
use permit to be held within sixty (60) days after the application is filed.
(b) Publication and posting of notice. Public notice of the hearing shall be published in a newspaper of
general circulation in the city at least once each week for two (2) successive weeks prior to the public
hearing. The zoning administrator shall also post notice on the property involved for a period of one
(1) week prior to the hearing.
(Code 1974, § 25-115; Ord. No. 02010-13, 10-12-10)
Sec. 22-484. - Recommendations of planning board.
The planning board shall review the application for a conditional special use permit prior to the public
hearing and shall present its recommendations to the city council at the public hearing. The planning
board may revise its recommendations following the public hearing and present such recommendations
to the city council before action is taken by the city council.
(Code 1974, § 25-116)
Sec. 22-485. - Action by council.
(a) Required. The city council shall approve, modify, or deny the application for a send+tional special
use permit following the public hearing.
(b) Written findings to accompany grant. In granting a eend'tt{enal special use permit, the city council
shall make written findings that the specific requirements of articles II, III, IV and VI of this chapter
are fulfilled. With due regard to the nature and state of all adjacent structures and uses, the district
within which such use is located, and official plans for future development, the city council shall also
make written findings that the following provisions are fulfilled:
(1) The use requested is listed among the oendtional special uses in the district for which the
application is made.
(2) The requested use is essential or desirable to the public convenience or welfare.
(3) The requested use will not impair the integrity or character of the surrounding or adjoining
districts, nor be detrimental to the health, morals, or welfare.
(4) The requested use will be in conformity with the land development plan.
(5) Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been
or are being provided.
(c) Conditions attached to permit grant. The city council may attach conditions to a conditienal special
use permit as may be necessary to accomplish the objectives of this article.
(1) Such conditions may include a time limitation.
(2) Conditions may be imposed which require that one or more things be done before the use
requested can be initiated. For example, "that a solid board fence be erected entirely around the
site to a height of six (6) feet before the use requested is initiated."
(3) Conditions of a continuing nature may be imposed.
(Code 1974, § 25-117)
Sec. 22-486. - Effect on other regulations.
Granting of a conditienal special use permit does not exempt applicant from complying with all of the
requirements of building codes, other provisions of this Code, or other ordinances of the city.
(Code 1974, § 25-118)
Sec. 22-487. - Revocation.
In any case where the conditions of a conclitional special use permit have not been or are not being
complied with, the zoning administrator shall give the permittee notice of intention to revoke such permit
at least ten (10) days prior to a city council review thereon. After conclusion of the review, the city council
may revoke such permit.
(Code 1974, § 25-119; Ord. No. 02010-13, 10-12-10)
Sec. 22-488. - Expiration.
In any case where a senditienal special use permit has not been exercised within the time limit set by
the city council or within one (1) year if no specific time limit has been set, the permit shall be null and
void without further action. The word "exercised" as set forth in this section shall mean that binding
contracts for the construction of the main building have been let; in the absence of contracts, that the
main building is under construction to a substantial degree; or that prerequisite conditions involving
substantial investment are contracted for, in substantial development, or completed. When construction is
not a part of the use, the word "exercised" shall mean that the use is in operation in compliance with the
conditions as set forth in the permit.
(Code 1974, § 25-120)
Secs. 22-489-22-500. - Reserved.
DIVISION 3. - PLANNED DEVELOPMENTS
Sec. 22-501. - General purpose.
Planned developments are of such substantially different character from other eendikieaal s ecial
uses that specific and additional standards and exceptions are hereby established to guide the
recommendations of the planning board and the action of the city council in granting cond+t+enat special
use permits.
(Code 1974, § 25-121)
Sec. 22-502. - Specific purpose.
Some specific purposes of the planned development procedure are to
(1) Residential planned development. Offer recreational opportunities close to home; enhance the
appearance of neighborhoods by the conservation of streams and local spots of natural beauty;
add to the sense of spaciousness through the preservation of natural green spaces; counteract
the effects of urban monotony and congestion in the streets; encourage cooperative
relationships between neighbors and participation by all age groups in the use and care of local
open space tracts in new residential subdivisions; promote harmonious architecture between
adjacent dwellings or institutional buildings; and encourage the placement of structures in
proper relationship to the natural characteristics of the site;
(2) Business planned development. Promote the cooperative development of business centers,
each with adequate off-street parking; control traffic; aid in stabilizing property values; develop
centers of size and location compatible with the market potential; buffer adjacent commercial
structures and compatibility between homes and commercial structures;
(3) Industrial planned development. Promote the establishment of industrial parks; permit groups
of industrial buildings with integrated design and a coordinated physical plan; encourage
recreational facilities within industrial areas; and buffer adjacent residential areas with
landscaped green spaces.
(Code 1974, § 25-122)
Sec. 22-503. - Information required.
The developer of a planned development shall be required to submit the following information and
any other information that may be required by the planning board:
(1) Site plan. A site plan drawn to scale indicating the arrangement and tentative location of
buildings, uses permitted, land to be preserved as permanent common open space, parking and
loading spaces, and other special features of the development plan;
(2) Protective covenants. A draft of the proposed protective covenants whereby the owner
proposes to regulate land use and otherwise protect the proposed development;
(3) Incorporation agreements; maintenance agreements. A draft of any proposed incorporation
agreement and a draft of any bylaws or easement declarations concerning maintenance of
recreational and other common facilities;
(4) Data on market potential. Data on the market potential necessary to support the location of the
site and the size of uses in any planned development.
(Code 1974, § 25-123)
Sec. 22-504. - Use exceptions.
The planning board may recommend and the city council may authorize that there be in part of the
area of a planned development, and for the duration of such development, specified uses not permitted
Sec. 22-523. - Same —Application.
An application for a building permit and certificate of occupancy shall be filed on a form provided by
the zoning administrator and shall include the following:
(1) Plans. Each application for a building permit and certificate of occupancy shall be accompanied
by complete plans in duplicate, drawn to scale, showing the actual shape and dimensions of the
lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory
buildings then existing, the lines within which the proposed buildings shall be erected or altered,
the number of families or housekeeping units the building is designed to accommodate, the
location and number of parking spaces provided, and the height of buildings and structures and
such other information with regard to the lot and neighboring lots as may be necessary to
determine compliance with the provisions of this chapter.
(2) Statement of intended use. Each application for a building permit and certificate of occupancy
shall be accompanied by a statement of its intended use, signed by the applicant.
(Ord. No. 02010-13, 10-12-10)
Sec. 22-524. - Same —Issuance; distribution of copies of permits, certificates, plans
When the chief building inspector and the zoning administrator are satisfied that all proposed
erections, additions, relocations, or structural alterations comply with the provisions of this chapter, a
building permit shall be issued. One (1) copy shall be given to the applicant, and one (1) copy shall be
retained in the records of the chief building inspector. One (1) copy of the applicant's plans, certified as
complying with the provisions of this chapter, shall be returned to the applicant. One (1) copy, also so
certified, shall be retained in the records of the chief building inspector. Upon completion of such
erections, additions, relocations, or structural alterations and within ten (10) days of completion, if the
chief building inspector and the zoning administrator are satisfied that all work has been completed in
accordance with the approved plan or otherwise complied with all provisions of this chapter, a certificate
of occupancy shall be issued. One (1) copy shall be given to the applicant, and one (1) copy shall be
retained in the records of the chief building inspector. All such records of the chief building inspector shall
be a public record, any portion of which or copies thereof shall be presented to public view upon request.
(Ord. No. 02010-13, 10-12-10)
Sec. 22-525. - Temporary certificates of occupancy.
(a) Certificates of occupancy for temporary uses as permitted in section 22-370 shall stipulate the
period of time for which such occupancy shall be permitted.
(b) A temporary zoning compliance certificate permit for partial occupancy of a building may be issued
by the chief building inspector or zoning administrator for a period not exceeding six (6) months
during alterations or construction pending its completion, or for bazaars, carnivals, and revivals,
provided that such temporary certificate shall require such conditions and safeguards as will protect
the safety of the occupants and the public.
(Ord. No. 02010-13, 10-12-10)
Sec. 22-526. - Compliance documents for class A manufactured homes.
A zoning compliance permit must be secured from the zoning administrator before a class A,
manufactured home may be placed on a lot. A building permit must also be secured. The building permit
shall state all applicable conditions and requirements and state that any violations will be subject to
appropriate enforcement action. Once installation and construction is are complete and necessary
Secs. 22-531-22-550. - Reserved.
ARTICLE XI. - BOARD OF ADJUSTMENTUP
Footnotes:
--- (9) ---
Editor's note— Ord. No. 02005-12, adopted July 7, 2005, amended art. XI in its entirety to read as
herein set out. Former Xl, §§ 22-551-22-555, pertained to similar subject matter, and derived from Code
1974, §§ 25-134-25-138.
Cross reference— Boards, commissions and committees, § 2-96 et seq.
State Law reference— Board of adjustment. G.S. 4&6 A 88 160D-302; extraterritorial representation,
G.S. 160A 362 160D-307.
Sec. 22-551, - General.
(a) Authority. A board of adjustment is hereby established pursuant to North Carolina General Statutes
16GA-388 160D-302 with Extra Territorial Jurisdiction representation under North Carolina General
Statutes 46OA-362 160D-307 to exercise the powers and duties prescribed herein and as prescribed
by North Carolina General Statute Chapter 160D.
(b) Membership. The board of adjustment hereafter called the board, shall consist of the same persons
Statute Chapter 160D seven /7ymernbers. All members shall be citizens and residents of the City of
Dunn and shall be appointed by the city council, except extraterritorial members appointed pursuant
to Sec 2-108. Representation from the adopted extraterritorial jurisdiction shall be as provided in
Sec. 108. by--appe'n+ n at least one resident f the extraterritorial jurisdiGtiGP-.An-ad44ienal mernbe
shall be appoln,tr,A to the hoard of adjustment to ev --Presentation o.. only-whennhe
WOMEN 11 1W WIN ME 11001,111-1 IBM.
(c) Terms. The term of Members shall be the same as the appointed fen -a -term
Planning Board pursuant to Sec. 2-108. of three /31 _xcen to .,e +, ash e
be r appointed or +heir�cerr�is shall be appointed -for -a --term- Ofrnhe , yearsandthe finest
three (3) members shall here -appointed +ed o the' enlace e"pointed fer as ter of three roe /Z�ears.
�pSuccessors oshall h ointed L three dear terms. Vacanciesafter the estab st ieeTnt�
^ ,...�. -�..
47h,� earl terms,for reasons other +h xplratio, ..f ter shall he Flle4-asr for the
period of the-rtn-exp ^e4 term-
(d) Oath of office. Every person appointed to any city office shall, before entering upon the duties of the
office, take and subscribe the oath of office prescribed in Article VI, Subsection 7 of the Constitution.
Oaths of office shall be administered by some person authorized by law to administer oaths, and
shall be filed with the city clerk.
(e) Notice of hearing. Notice of hearings shall be mailed to the person or entity whose appeal,
application, or request is the subject of the hearing; to the owner of the property that is the subject of
the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the
parcel of land that is the subject of the hearing. In the absence of evidence to the contrary, the city
may rely on the county tax listing to determine owners of property entitled to mailed notice. The
notice must be deposited in the mail at least ten (10) days, but not more than twenty-five (25) days,
prior to the date of the hearing. Within that same time period, the city shall also prominently post a
notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway
right-of-way.
(f) Quasi-judicial decisions. The board shall determine contested facts and make its decision within a
reasonable time. Every quasi-judicial decision shall be based upon competent, material, and
substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect
the board's determination of contested facts and their application to the applicable standards. The
written decision shall be signed by the chair or other duly authorized member of the board. A quasi-
judicial decision is effective upon filing the written decision with the clerk to the board and/or the
zoning administrator. The decision of the board shall be delivered by personal delivery, electronic
mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a
written request for a copy, prior to the date the decision becomes effective. The person required to
provide notice shall certify that proper notice has been made.
(g) Subpoenas. The board of adjustment through the chair, or in the chair's absence anyone acting as
chair, may subpoena witnesses and compel the production of evidence. To request issuance of a
subpoena, persons with standing under G.S. 160A 393(d) 160D-406 (g) may make a written request
to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The
chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and
scope, and not oppressive. The chair shall rule on any motion to quash or modify a subpoena.
Decisions regarding subpoenas made by the chair may be appealed to the full board of adjustment.
If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the board of
adjustment or the party seeking the subpoena may apply to the General Court of Justice for an order
requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders
after notice to all proper parties.
(Ord. No. 02014-07, 5-8-14)
Sec. 22-552. - Organization.
(a) Officers. The board of adjustment shall meet and elect a chairperson and vice -chairperson from
among its members for a one year term. All officers may succeed themselves. The chairman shall be
a resident of the city.
(1) The chairperson will:
a. Preside at all meetings and public hearings of the board of adjustment.
b. Decide all points of order or procedure.
The chairman or in his absence, the acting chairman, shall administer oaths to witnesses in any
matter coming before the board and may compel the attendance of witnesses.
(2) The vice -chairperson will:
a. Assume the duties of the chairperson, when the chairperson cannot preside and at such
times he/she shall have the same powers and duties as the chairman.
(3) Should neither the chairperson or vice -chairperson be able to preside at a meeting, the group
will elect a chairperson for that meeting only or until such time the chairperson or vice-chairman
can resume their responsibilities.
Z202 06 08 2 2 #11)
FOR REGISTRATION
Matthew S. Willis
REGISTER OF DEEDS
Harnett Count NC
2021 JUL 13 11 :12 AM
BK:4012 PG:468-470
FEE:$26.00
INSTRUMENT # 2021016037
TWESTER
,��.II�G91�i�
OrderGrantingConditional Use
Permit Cup-02-21
north caroling
H.B.L)UNN
city of Bunn
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3500 m FAX (910) 230-3590
www.dtnui-nc.org
ORDER GRANTING CONDITIONAL USE PERMIT CUP-02-21
Mayor
William P. Elmore Jr.
Mayor Pro Tern
Dr. David L. Bradham
Council Members
J. Wesley Sills
April L. Gaulden
Frank McLean
Billy Tart
Chuck Turnage
City Manager
Steven Neuschafer
Ropestar Events, LLC (mailing address 111 West Main Street, Suite 202, Garner, NC 27529-3250) has applied for
a Conditional Use Permit to develop a Recreational Vehicles (RV) Park / Campground at property identified as
PIN 1526-25-9378.000 and PIN 1526-26-4072.000, parcels of land between NC 55 East and 1-95. Access to the
property is via NC 55 East. The property is 55.22 acres +/- and consists of a field, woods, some wetlands, and 22
acres+/ - of a pond. These parcels are zoned 1-100, Industrial District.
This matter was duly noticed for the May 11, 2021 public hearing in advertisements in a newspaper of general
circulation April 20 and 27, 2021. Signs were posted on the property April 20, 2021 and kept there until after the
public hearing.
At the Public Hearing May 11, 2021, the following were sworn in to give testimony:
From City staff:
• George Adler, Planning Director
• Steven Neuschafer, City Manager
The following testified for the applicant:
• Donnie Adams, of Adams & Hodge Engineering PC
• Brian Barefoot, Ropestar Events LLC
The following members of the public offered testimony on the subject or asked questions about the
project, which were responded to by one or more of the above witnesses:
• None
The following parties opposed the project and provided testimony as such:
0 None
After receiving the staff report, staff testimony, and the submission of documents from any party; and hearing
the testimony of all witnesses; the Dunn City Council makes the following FINDINGS OF FACT:
1) The application submitted was complete.
2) The use requested —RV Park/Campground—is listed among the conditional uses in the Dunn City
Code at Section 22-461(11)(a).
3) The requested use is essential or desirable to the public convenience or welfare. The properties are
located between 1-95 and NC 55, providing easy access to 1-95 Exit 73 less than a mile away via NC 55.
Approximately half the property is a 22-acre pond. This location on 1-95, between population centers to
the north and Florida to the south is well situated as a resting place for the RV traveling public. The
closest RV parks currently are approximately 10 miles to the north near Benson and 14 miles to the south
near Wade. An RV park at this location in Dunn will enhance public convenience and should increase
tourism that will benefit local businesses in Dunn.
4) The requested use will not impair the integrity or character of the surrounding or adjoining districts,
nor be detrimental to health, morals, or welfare. An RV campground will not detract from the character
of the adjoining districts and should preserve the rural feel of the area. The pond will remain and,
combined with proposed improvements, create "viewscapes" to enhance the view from roadways and
adjacent properties. The parcels' wooded areas will be altered only enough to establish the campsites
and road system, leaving a large portion for walking trails and buffering. Extra buffering will be required
between the RV park and adjacent residential parcels,
5) If completed as proposed, the requested use will conform with the land development plan and the
Dunn City Code. The Future Land Use Map anticipated the area east of 1-95 in the vicinity of the property
to remain agricultural/open space in 2030. But the Future Land Use Map, completed in 2005, couldn't
foresee the changes the economy would go through. The zoning was changed to 1-100 in 2013 to amend
the zoning map to reflect the current use of properties and the 2030 land use plan. An RV park is a
permitted conditional use in the 1-100 Industrial District. The preliminary site plan developed for the RV
park, as of April 23, 2021, conforms to the requirements in Chapter 22, Article VIII: Travel Trailers and
Trailer Campgrounds and meets all requirements to allow for a conditional use permit.
6) Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or can
be provided. City water is accessible to the site from a water line near I-95; sewer as well. Access to the
property will be from NC 55, where a NCDOT approved drive way access currently is. Storm water
conveyance, storage, and treatment will be designed to meet the City of Dunn's storm water
requirements. Solid waste will be collected by a private company. Access to all utilities currently exist
or can be provided.
Based on the preceding FINDINGS OF FACT, the Dunn City Council concludes that the Conditional Use Permit
should be granted as set forth herein and has voted to approve the same following the public hearing.
The Conditional Use Permit is effective upon the signing of the same, the giving of notice as required, and the
filing of the same with the Planning Department.
This is the 81hday of June, 2021.
♦.�` CITY 0�
GORPO '. -7,
ATTEST: TF: __
Oly�
ni" y th^.-/ �,�`� �4/ll lllll\11\♦`\
ammy,Williams, CIty Clerk
1
it am P. Elmore, Jr., Mayor
Mayor
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R2021-18 (Attach #14)
06-08-2021
RESOLUTION ACCEPTING FEDERAL FUNDS UNDER THE AMERICAN
RESCUE PLAN ACT OF 2021
WHEREAS, The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021;
and
WHEREAS, the purpose of the ARPA is to assist with speeding up the recovery from the
economic and health effects from the COVID-19 pandemic and ongoing recession; and
WHEREAS, part of the ARPA provides funding aid for local governments; and
WHEREAS, before receiving a payment, a subdivision is required to adopt a resolution
affirming that the subdivision will spend funding only on federal guidance related expenses
as required under the ARPA; and
WHEREAS, revenue received under the ARPA will be kept in a separate fund and will not
be co -mingled with other revenue.
NOW, THEREFORE, BE IT RESOLVED BY THE DUNN CITY COUNCIL:
That the City of Dunn does hereby authorize the acceptance of funds through the
American Rescue Act and acknowledges funds will be distributed by the State of
North Carolina.
® That the City of Dunn will substantially comply with all laws, rules, and regulations,
as prescribed.
Duly adopted this the 8eh day ofjune, 2021.
GjY OFOG
s®
pORPOf�TF y2 e
ATTEST:
=2'•• SEAL
CAR
Tammy Willi4s,
CMC
City Cleric
t
William P. Elmore, Jr.
Mayor