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Agenda 06-08-2021-d" D norC�'h\\\�\'\\\carolinx UNN city of Bunn .A Call to Order— Mayor William P. Elmore, Jr. Invocation — Rev. Danielle Maynor Pledge of Allegiance 1) Adjustment and Approval of the June 8, 2021 meeting agenda Dunn City Council Regular Meeting Tuesday, June 8, 2021 7:00 p.m., Dunn Municipal Building CONSENT ITEMS 2) Minutes — May 4, 2021 Special Called Meeting 3) Minutes — May 11, 2021 4) Minutes — May 27, 2021 Special Called Meeting 6) Proclamation — State of Emergency — Covid-19, Termination of Amendments 1 and 2 6) Retirement Resolution — Anne Thompson 7) Temporary Blocking of Streets - McNeil Memorial Church Juneteenth Celebration 8) Temporary Blocking of Streets and Support— Harnett Area Running Club 9) Temporary Blocking of Streets — State Tournaments 10) Extension School Resource Officer Agreement — Harnett Primary and Wayne Avenue Schools PRESENTATIONS 11) Retirement Resolution Presentation — Anne Thompson 12) Reading of Juneteenth Proclamation 13) Miss Dunn Proclamation Presentation — Maya Bryant 14) Miss Outstanding Teen Dunn Presentation — Grayson Johnson PUBLIC COMMENT PERIOD 16) Each Speaker is asked to limit comments to 3 minutes and they must sign up on sheet available on the podium within the Council Chambers prior to the start of the meeting. Total comment period limited to 30 minutes. ITEMS FOR DISCUSSION AND/OR DECISION 16) FY 2021-2022 Budget a) Public Hearing b) Decision 17) USDA Loan —Police and Water/Sewer Vehicles and Equipment a) Public Hearing b) Decision 18) Annexation — ANX-01-21; 1001 Susan Tart Rd and parcels on western margin of Bruce Drive, owned by Susan Tart Property, LLC a) Public Hearing b) Decision 19) Ordinance to Deem Property Unfit for Human Habitation — 601 E Vance St a) Public Hearing b) Decision 20) Ordinance to Demolish Structures — 809 N Layton Ave a) Public Hearing b) Decision 21) Ordinance Amendment— OA-01-21; Chapter 160D, Amendments to Chapters 2, 9, 20 and 22 a) Public Hearing b) Decision 22) Conditional Zoning Request - CZ-01-21; 0-1 to 1-10, 1989 US301 N a) Public Hearing b) Decision 23) 2021 COPS Hiring Grant Consideration Continued Agenda, Page 2 24) Dunn Advisory Board Appointments — Dunn Housing Authority and Planning Board 25) Budget Amendment — Demolition of Various Properties 26) Budget Amendments FY2020-2021 27) Resolution for Accepting American Rescue Plan Funds 28) Council Goals/Reports 29) Administrative Reports a) City Manager's Report b) Financial Report/Assessment Update c) Department Reports Communications/Public Information Public Works/Public Utilities Parks & Recreation Library Planning & Inspections Police 30) Announcements 31) Information 32) Closed Session (Not anticipated) If called, General Statute(s) allowing Closed Session will be cited in the motion ADJOURNMENT "This institution is an equal opportunity provider and employer" . i 1 01, . 11 , of the June 8, 2021 Meeting Agenda Recommendation: Motion to adopt the June 8, 2021 meeting agenda as presented Or Motion to adopt the June 8, 2021 meeting agenda as presented with the following changes: Additions: (Assign Number on the Agenda such as 14a) Removal of the following item(s): Move Item of Business from one section to another section (such as moving Item from Consent Items to Items for Discussion and/or Decision) Recommendation: Motion to approve all Consent Items as presented. L-- - L'*-'U- D � U t 1 N - N' � � City Council Agenda s Y Meeting sq Date: a A 8 2021 L SUBJECT TITLE: Minutes — May 4, 2021 Special Meeting — Budget Workshop — Presenter: Attachment: X Yes No Description: Draft Minutes Public Hearina Advertisement Date: BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve Minutes as presented. Dunn City Council Special Called Meeting - Budget Work Session Tuesday, May 4, 2021 1:00 p.m., Dunn Municipal Building Minutes PRESENT: Mayor Pro Tem Dr. David L. Bradham, Council Members J. Wesley Sills, April Gaulden, Frank McLean, Billy N. Tart, and Chuck Turnage. Absent: Mayor William P. Elmore Jr. Public Notice, relating to the Special Meeting Conditions, is incorporated into these minutes as Attachment #1. Also present: City Manager Steven Neuschafer, Assistant City Manager Mathew,Boone, Finance Director Jim Roberts, Public Utilities Director Heather Adams, Public Works Director Vince Washington, Planning Director George Adler, Chief Building Inspector Steven King, Chief of Police Clark White Parks and Recreation Director Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Executive Assistant Connie Jernigan, Communications Coordinator Kaitlin Adkins, City Attorney Tdghm6h.Poe, and City Clerk Tammy Williams. CALL TO ORDER AND INVOCATION Mayor Pro Tern Bradham opened the meeting at 1:00 p.m: and gave the invocation. He reported that Mayor Elmore is still recovering and we hope to have him back soon. Afterwards, Council Member,<Sills led in the Pledge of Allegiance. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Turnage and second by Council Member..Gaulden to adopt the May 4, 2021 meeting agenda as presented. Motion unanimously approved. ITEMS FOR DISCUSSION AND/OR DECISION Status Update and Discussion of the I95/I40 Crossroads of America Economic Planning Alliance City Manager Neuschafer shared that the Memorandum of Understanding for the corporation is included in their packet to give them adequate time,to review prior,to the vote at the next meeting, He shared that there is still conversation abouf enlarging the corridor to encompass more of I40 in Benson. This Alliance would be for economic development ventures, things that create jobs. City Attorney Pope verified that by approving the proposed MOU, the approval would include the attachments.' Discussion concerning Solid Waste Collection Methods City Manager Neuschafer began discussion by advising Council that staff is in the process of finalizing the extended 4=year contract Mth:Republic Services. Currently, the City is using the brown cans for limb and leaf debris: Staff was asked to discuss other up, tions with Republic Services. The options shared at the Budget Planning Retreat included placing' he debris in bags and tying with strings. With the possible elimination of debris carts `and using the bags Arid bundle solution instead, the cost will remain the same, however, the city will likely save `some,contamination" fees if the choice is bags and bundles. Concerns were expressed, about the limbs and leafs ending up on the street and being washed into the city's storm drainage system, which is why the city started using the carts in the beginning. Council Members Turnage and Tart expressed the need for offenders to be ticketed and fined after warnings. Council Member Turnage also expressed the need to publicize over and over the proper way to use debris carts and to inform residents that there is a charge when the city picks yard debris up. Consensus was to stay with the debris carts. FY 2021-2022 Budget Work Session City Manager Neuschafer reviewed his budget message to Council and began his discussion on the FY 2021- 2022 proposed budget, He reported that with the pandemic there were concerns that the city would experience shortfalls in sales tax revenue, but instead the sales tax revenues exceeded all expectations, breaking records for the city with as much as a 13 percent increase in one month. He added that Ad Valorem taxes have also come in better than anticipated and finished out at 99%. Over the past year, the COVID-19 pandemic has altered lives and the way the city governs unlike any time in recent history. It has restricted movement; access to goods and services; payment for utilities; resulted in loss of income; and in some cases, life. Although the economy continues to be exceptionally strong, the City is working with state regulators in developing a plan to improve the aging infrastructure related to our sewer collection system. While developing this budget, staff continues to utilize information provided by the NC League of Municipalities. There is solid evidence that tax revenues from our Ad Valorem and our sale taxes will continue to be strong and provide a very stable base to build a budget. Planning budget expenditures for this year are focused on the City's street resurfacing program and drainage and utility projects, following the direction of the Council provided at the Febrgl ry budget meeting. There are continued increases in selected fees, some of which are in response to contractor increases. The fees support needed expenditures, ensuring that funds are available to complete the Council's goals, while continuing to support employee development and keep the community safe. The proposed balance budget for fiscal year 2021-2022 in the General''Fund is $11,8h,7,950 for both revenues and expenditures. This budget acknowledges that spending by each department is reverting back to pre - pandemic levels. Fee increases proposed in this budget include garbage andxecycling rate increase of 3% which is a direct result of the contractual increase with Republic Services. He also reminded council about the projects not included in the budget: comprehensive community master plan,(mandated by the state), parking lot improvements at Tyler Park, property purchases, stormwater mapping project, wayfinding project, park to park trail, public works building design and construction, along with additional goals set out by council at the retreat. The COLA proposed for this year is 3%. This is calculated using the Federal Register report from the Department of Labor for the last two years (2020 ryas 1.6Y6 and'2021 is:A`.3%). Last year, the city held this increase due to expected losses in income. Additionally, the City may award up t0,a,2% merit increase based upon employee evaluations, effective after January 1, 2022. Each department is allocated 1/2% of its total payroll budget for its merit pool of funds. Highlights of the proposed FY 2021 2022 Bridget are as follows: REVENUES: GENERAL A. Ad Valorem taxes: $3,974,000 piojected on a collection rate of 99.2%, with the tax rate remaining at $.50 per $100 valuation''s, B. Sales tax: budgeted for $2}515 000;$his is a 2.5% increase from collections in 2020. C. Powell;;Bill and License Tag fee restricted Fund balances: $350,000 ($350,000 expense built into the budgetj':"othe pr,cated for oposed street resurfacing project. D. Garbage rate',Jncreasingfrom $19.80 to $20.40 (3% = $.60) E. Recycling rateif ncreasing' from $3.70 to $3.85 (4% = $.15) F. Bulk pickup me easing from $4.00 to $5.00 ($1.00) G. Stormwater rate,, -,increasing from $2.75 to $3.50 for Residential and $7.75 to $10.00 for Non - Residential EXPENDITURES: GENERAL A. COLA increase: 3% for all employees B. Merit increase: up to 2.0%, effective January 1, 2022 C. Retirement contribution for state retirement: increases from 10.15% to 11.42% for general employees and from 10.90% to 12.04% for sworn law enforcement officers D. 401I{ contribution for all employees: remains at 5% E. Health, Dental, and Life insurance cost: premium is calculated with no increase and held at $6,660 per employee per year F. Rooms to Go incentive: budgeted for $240,000 G. Personnel changes: New positions in Finance, and Planning and Zoning H. Street resurfacing: $350,000 plus continuation of current work that will carry over into next budget year. Possible implications on the city's growth related to the sewer moratorium were questioned. City Manager Neuschafer reported that most developments are not concerned because it will be a few years before they will be ready to tap into the sewer system. He added that staff is working with these developments so that we can get that information to the state. Mayor Pro Tem Bradham requested that funds be budgeted for the Community Appearance Committee to give them the ability to improve our city's image with projects such as interactive murals. He also added that he felt a special work session will be needed to discuss directives and funding for the Dunn Vision Plan objectives and with the addition of staff in the Planning and Inspections it is ,vital that the city continue to strive to be a business friendly community. Council Member Sills expressed concerns on the cost of street lights and the city's fuel costs. He recommended that the city look at electric or hybrid power vehicles for future purchases. City Manager Neuschafer did advise that all the street lights had recently been switched over to LED. City Manager Neuschafer reviewed the debt service schedule year ends, staff is looking at paying off 2-3 loans to free up s budget, if approved by council. He then moved into the utility budget with the revenues and::. 2021-2022. He reminded council that staff is proposing slight will not be so much at one time. He added that extra utility rev REVENUES: WATER - SEWER A. Propose basic water rate increase: from:'$1525` $4.65 to $4.80 per 1000 gallons B. Propose basic sewer rates increase: fromi $14. 1,000 gallons C. City of Dunn bulk pui chasei``rate will increase 1 with a contracted:minftmmn gallons per day. Th D. Propose Industrial`rate user -rate increase fn increasing block rate b_eginning'at $4.80 from from $2.80 per 1000 gallons above 500,001 gal He shared ,duat'the 'same include promotion of of Geographical Information REVENUES: STORMWATE A. Stormwater rate: residential:_;i. Once the stormwater fee, properties will be chargei right now businesses pay- (GIS) icil that" epending on how the funds for next year's operating res; both at $7,601,000; for fiscal year each year in the rates, so the increase needed to handle emergency repairs. base rate and an increasing block rate from and from $6.36 to $66.74 per 5% from: $2.14 to $2.25 per 1000 gallons for those did not go up last year. $15.25 to $15.70 base rate and proposed at an :65'per 1000 gallons up to 500,000 gallons; $2.90 to the employees continue for the utility fund. Staffing changes sistant Director of Public Utilities and adding one full time from $2.75 to $3.50 for Residential and from $7.75 to $10,00 for non- ,dy is complete the residential fee should stay the same but the commercial r square foot of impervious surface. There will be caps and limits, of course, but same no matter how much impervious surface. He added that there are major projects in the works for the utility fund and he updated council on grants received with a lot of funding related to the sewer fund. Major projects are outside the operating budget but will come to the council for funding from fund balance or through loans. Discussion followed on funds the city will receive from the Covid relief fund. Finance Director Roberts shared that staff will need to make sure funds are spent as directed and a separate fund will be established so that the city can account for the expenditures. With no additional questions of staff related to the budget, Mayor Pro Tern Bradham made announcements. Motion by Council Member Tart and second by Council Member Gaulden to enter Closed Session in accordance with [N.C.G.S. 143-318.11(a)(5)] to direct staff concerning negotiations for acquisition of real property. Motion unanimously approved. The meeting was recessed for Closed Session at 2:23 p.m. Mayor Pro Tern Bradham reconvened the meeting and with no further business to discuss, motion by Council Member McLean and second by Council Member Gaulden to adjourn the meeting at 3:00 p.m. Motion unanimously approved. Atte! Tam City Y1lft — D�11� cnr "' b9J 1� NN AlhAmericaCity �,tr or d,,n,, All -America City 1 1 City Council Agenda For 1 1 ® Meeting ate-, June 8,2021 1989 * 2013 1989 * 2013 SUBJECT TITLE: Minutes — May 11, 2021 Presenter: Department: Attachment: X Yes No Description: Draft Minutes Public Hearing Advertisement Date: PURPOSE: BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve the Minutes as presented. Dunn City Council Regular Meeting Tuesday, May 11, 2021 7:00 p.m., Dunn Municipal Building Minutes PRESENT: Mayor Pro Tem Dr. David L. Bradham, Council Members J. Wesley Sills, April Gaulden, Frank McLean, Billy N. Tart, and Chuck Turnage, Absent: Mayor William P. Elmore Jr. Notice, relating to the Special Meeting Conditions, is incorporated into these minutes as Attachment #1. Also present: City Manager Steven Neuschafer, Assistant City Manager Mathew Boone; Finance Director)im Roberts, Planning Director George Adler, Chief Building Inspector Steven King, Chief,of Police`'Clark White, Parks and Recreation Director Brian McNeill, Human Resources Director Anne Thompson,v:4Ararian Mike Williams, Executive Assistant Connie)ernigan, Communications Coordinator Kaitlin Adkins, CityAttorney-Tilghman Pope, and City Clerk Tammy Williams. CALL TO ORDER AND INVOCATION Mayor Pro Tern Bradham opened the meeting at 7:00 p.m. hopefully will return soon. Rev. Len Keever, Pastor at First Ba McLean led in the Pledge of Allegiance. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Turnage and second by Council agenda as presented with the following adjustment:, Add Item #17A Item for Discussion and/or Decisii • NC Department of Transportation Betterment Motion unanimously approved. PRESENTATIONS New Employee Chief White intr PUBLIC COMMENT PERIOD The Public Comment period was Comment period was closed:' • Minutes<of(the April 13, 202 • TemporaryB(ocking of Stre • Temporary Blocking of Stre • Temporary Blockiiigg9f Stre • Temporary Blocking of Alle; • Budget Amendment - Lak (BA2021-19)isincorpgr&e6 that Mayor Elmore is recovering and ve the invocation and:Council Member D. Ashley and';Chase B. Serlick. to adopt the May 11, 2021 meeting by Mayor• Piro'Tem Bradham at 7:05 p.m. Having no comments, the Public Presbyterian Church ett St Wilkins Cemetery Community Committee shore Drive Waterline Replacement Project. A copy of the Budget Amendment into these minutes as Attachment #2. Motion by Council Member McLean and second by Council Member Gaulden to approve all consent items. Motion unanimously approved. ITEMS FOR DISCUSSION AND/OR DECISION Consideration of 195/140 Crossroads of America Economic Planning Alliance MOU Motion by Council Member Turnage and second by Council Member Tart to table. Motion unanimously approved. Consideration of Conditional Use Request - CUP-02-21 to allow for RV Park/Campground The Public Hearing was opened at 7:07 p.m. and Mayor Pro Tem Bradham yielded to City Attorney Pope to handle the proceedings for the conditional use request. (City Attorney Pope's script is transcribed in italics.) The next matter is Case #CUP-02-21, which is a request by Adams & Hodge Engineering, PC, who is the applicant and Ropestar Events, LLC, who is the owner for a Conditional Use Permit to allow for an RV Park/Campground as a conditional use of a property that is zoned 1-100, Industrial District. The hearing in this matter is judicial in nature and will be conducted in accordance with special due process safeguards. First, all persons wishing to provide testimony tonight, please approach the podium to be sworn in or to give your affirmation and then after the swearing -in, you may return to your seat. City Attorney Pope swore in Planning Director Adler, Donnie Adams and Brian Barefoot. In this hearing, we will first hearfrom City Planner George Adler, and then from the applicant and their witnesses, and then from the opponents to the request if any. Parties may cross-examine witnesses, after each witness testifies when questions are called for. Ifyou would like for the Council to see written evidence, s'tieltas reports, maps, exhibits and documents of that nature, the witness who is most familiar with the document or evidence should introduce it at that time. We cannot accept reports from anyone who is not hereto provide te's'timony. I did nat,see any attorneys from eitherside, WewilifirsthearfromCity Planner George Adler. I now open the hearing on Case #CUP-02-21 which is a Conditional Use Permit Application and ask for testimonyfrom the City Planning Director. Planning Director Adler: "Thank you very much. I'd like to enter into'fhe record the staff report that has been distributed to all council members." So received., Adler: "My remarks will be drawn from the primarily„the findings and fact that are in the report. This is an approximately 50 acre parcel. Approximately half of,it is alp .bad and currently, it is vacant and what is proposed is a recreational vehicle campground, with 87 sites. The use requested RV parks/Campground is listed among the conditional uses in the Dunn City Code at Section 22 451(11)(a) The requested use is desirable or essential to the publle'welfare or convenience. The property - there are two properties here. It looks like nne piece of property but there is a small portion of it up near I-95 and it is treated as a single piece. The properlties;are located, between I-95 and?NC 55, providing easy access to I-95 Exit 73, less than a mile away via NC 5S. Afilr oximately`-half the propertyAsa 22-acre pond. This location on 1-95, between population centers to the north and Flornda-.to;the south i$,well situated as a resting place for the RV traveling public. The closest RV parks current)y are appt'oxrntately l0 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. 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:rcad system, leaving a large portion for walking trails and buffering. Extra buffering will be required between the;RV, Park and adjacent residential parcels, which exist along 55 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 I-100 in 2013 to amend the zoning map to reflect the current use of properties and the 2030 future land use plan. An RV park is a permitted conditional use in the I-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. 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 an NCDOT approved driveway access currently exist. 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. If there are any questions I would be happy to answer." Anyone on the council have any questionsfor the City Planner? Council Member Tart: "George I have one. On the police department, do we cover, would we cover that section there, I know it is in the planning zoning but would the police be responsible for going out" Adler: "I believe currently it is, is in, I can't remember I'm not sure if it is in the city limits." Tart: "I was thinking it was. I just want to make sure that the police department was good with it" If it's in the city limits, then it has city police protection. If its not in the city limits, then it doesn't. I don't know whether it is or it isn't. Any other questionsfrom the council for the city planner. Council Member Turnage: "George the access is off 55 as you mentioned. Is there an access as you go in front of Rooms to Go on the service road there? Further down before you get to the branch,there." Adler: "The service road will be affected by I-95 widening." Turnage: "Oh that's right." Adler: "So that is not available. I believe they looked at that and found that wouldn't be po Any other questions from persons that are presentfor the city planner, }Thankydu-Mr. Adler. We will now hearfrom the applicant and other provide your name and address before your test Donnie Adams: "Good evening I'm Donnie Adams, I atr, at 314 E Main St in Clayton, North Carolina. My firm, brief in my responses. We have addressed all the fine has emphasized the points. We are is harmony with; point out and reiterate some that the planning front of them. ifyou have been sworn to provide testimony, ifyou would engineer with Adams and Hodge Engineering and planner on this project. I'm going to be ,y:bave been read into the record. Mr. Adler droject - I will, be, pick a couple of things to �4:a couple of weeks back, when we were in We do believe that this use is in concert with the ordinances allowed as a conditional use. We believe that it meets that criteria, We also believe tliat,there is a'need. Dunn is in;a'great location, halfway between all the high density areas of our north, and folks wanCto, head south to Flori lac, It's a great location. We believe folks are going to want to jump off of 95 and stay Here for nights;,weekends, for a time and enjoy the area. They will contribute to the local economy. I think you will see That with restaurants and other retail places and I know there are some good golf courses around, so folks love to, do that. Aid that was reiterated by the planning board as well, they noted that for the local economy. I do not believe that it's going to be a negative impact to future development in the area. I think it fits in nicely. It's a beautiful trackof land and our intention- the owners, developers' intention on this was to take the property that is there and try to use all the"eautiful qualities of it. There is a beautiful pond that is there and I think there are going to be some improvements that will make it even more beautiful and more usable. Safety wise, we will be using pretty much the current access, if you guys have had a chance to look at the site. There is a gate out there now. Our proposed entrance is basically going to be in that location. From the public health and safety side, we have no issue with the sight distance in each direction there. It will be a safe entrance and we will be working with NC DOT on proper permits, once we make it past this point. There is an existing sewer outfall line that runs through the property, We are aware of that and we have designed our road system to follow that and we believe that our preliminary utility plan is in compliance with what will be required as we continue to move through this. We will be bringing water to the site from the main that runs along I95. And again, this property, it's going to stay in its overall general use that it is now or how it looks now. In that, about, a little better than fifty percent of the property is going to remain untouched, other than some clean ups. Now, I'm available to answer any questions you guys may have as far as professional wise, engineering wise, planning wise. Also tonight, one of the owners, Brian Barefoot, is here and he'd like to get up and speak to you guys as well and present his vision." Any questions from the Council for Mr. Adams. Council Member Turnage: "Just one and Steve I'm sure, you mentioned the outfall line, the sewer outfall line and everything. Steve, is that something while they are building their roads that we might consider upgrading or do we have some either spillage or leak infiltration there that might - have to work on?" Councilman Turnage, at this point we can only ask Mr. Adams questions. If Mr. Neuschafer needs to testify we can call him up and you can ask him questions. Turnage: "Ok Alright" Did you have a question far Mr. Adams? Turnage:"No" Anybody else on the council have a question for Mr. Adams? Anybody that has been sworn to provide testimony have a question for Mr. Adams? Thank You sir. Anybody else for the applicant? Brian Barefoot: "Good evening my name is Brian Barefoot. I live at 10422 Gr, will tell you guys, are the things that I mentioned to the planning board 'I1h this property. Drove by it my whole life. Drive by it about 4 or 5 times ; because of the sewer line that's going through the;property, it's never been what it is now, just open land. So, we've had this vision of a RV Park for a cb maybe a year ago, and started working on the engineering?and here we are economy and businesses. I reassured the planning'board`that I live. in the concern about it being developed, but I live in the area too. I want'itto be plan. I'll be there daily, it's not lilGe,Ws;subbed out and I also drive by it'4 Ioi<E er Path Rd in Dunn; Lot of the things I just a few miles down the road from day. And, you know, I guess, maybe leveloped or used for much else than [ple.,of years. We bought the property, onight''I think it will benefit the Local rrea You know, we had a little bit of 'ice and neat as possible. That's our times a day. I did want to mention that'we have an option to get o6e;'services from Harnett County on 55 and we have the option of getting our servieesfrom the Citybf Dunn on the'95 area. And that's our plan - is to get all of our services from Dunn, city water and sewer,and also po annex into Dunn is something we plan on doing as well. We hope that will benefit the city and for using their services and we plan on it being a first class facility. It will be very hands on. We plan on doing the construction iwdcouple of phases, at least two phases. Building some of the park, and as it grows, we will'eoiitinue to build the rest of the park. Other than that, any questions, I will be glad to answer. Mayor Pro .Tem Bradham; "I got a couple of questions. So RV Park that runs everything from a pop up to a 40 foot, I mean, the whole gamut of all sizes, right?' Barefoot: "Yes 's rthat's right," Bradham: "And how does this work? Somebody calls and says look I'd like to reserve a space for next week. They call on the front office;'tt ey call and they go and just rent it out?" Barefoot: "Well our plan is to do most of it online, We will have an office there and we will have staff there, That'll grow as we grow. But our plan is to do it mostly online and to be, you know, as high tech and keeping up with technology, and all that, as we can." Bradham: "Ok." Thankyou Mr. Barefoot. Does anybody else on the council have questionsforMr. Barefoot? Council Member Sills: "I do. Do you plan on selling this to like KOA campgrounds or something like that in the future?" Barefoot: "That's not our plan now. We haven't even discussed selling it to any other bigger corporate type of campground. We don't know in the future what will happen, but that's not our plan. We haven't even spoke or researched any of the bigger corporate type campgrounds." Sills: "Do you plan to let campers just put their legs down and trucks drive off and things like that?" Barefoot: "Yea there will be, well obviously, the campers will have to be towed in there by a vehicle. But I'm sure there will be some that stay more than a night or two but it's definitely not intended for a permanent residence. We planned - with the addition of 95, there are a lot of construction workers that have stipends and might stay for a month or so however long they are working there. They pull campers and that is their method of lodging. I'm sure we will have some of that, but it is definitely not intended, and we don't plan on any kind of permanent residence at the park." Any other questions from the council of Mr. Barefoot. Anybody else that any questions of Mr. Barefoot. Thankyou sir. We will now hearfrom people opposing the request. Anybody here to;jror Councilman Turnage do you want Mr. Neuschafer to answer? Council Member Turnage: "Yes that will be just as good as time as any." Mr. Neuschafer ifyou will come to be sworn in please. Pope swears un=Girt': Turnage: "Basically, if we have the outfall line their preparation for the land, for us maybe ul Neuschafer: "During the review of the proposed park, age of the line and all those criteria were considered; their property is at, is in good shape,So, we worked w outfall line are respected, you knew,' and we were aY review. All in all, according.to the utility 'department about in order to get water and sewer services,, the pi that point and time, they will ht,we. police p`r'otection as Turnage: "Ok Any other Sills: "Is this Neuschafer: Sills: "Is there any than something a@ that a place that A or renlacime some to provide testimony have to the request. Neuschafer. consider, as we move forward in verlines there?" we' the utility department already inspected that line, the nd theyJeel the segment that they are talking about where th the"engineers closely to make sure the easements for the le to get access to them and so that was a key part of our everything seems to be fine. And what was stated earlier operty has to be, by ordinance, annexed into the city. After opportunity zone?" pond and, I guess wetlands, is there anything else that might go there other Neuschafer: "Well it is currently zoned I-100 heavy industrial. Obviously, anything that met the permitted uses in that district could go there. This is one of the listed conditional uses that could go there. So this is something, without changing the zoning, the base zoning of the parcel itself, this is one of the uses that's listed that could possibly go there. I think all in all, if you look at the amount of wetlands and amount of open water that's on this property, the developable land, and of course the outfall that runs through it. Because that outfall line handles about, a little over a third of the city's sewer that goes to the eastside pump station. Taking all those things into consideration, it would be difficult to, you know, put a large industry on what's existing right there. However, that's the answer that I can provide based on what I know of the property." Other questions of the city manager? Anybody else that has been sworn to testify have questionsfor the city manager? Thankyou sir. We will now entertain any further questions from City Council members for the applicant, proponents or opponents at this time. Once the public hearing is closed, the only questions posed to the applicant, proponents or opponents shall be for clarification. No new evidence can be introduced after the close of the Public Hearing. So if anyone else has any questions they wish to ask of anybody who has been sworn to provide testimony, now is the time to ask. If there are any conditions that the Council would like to place upon the use of the land by the applicants, those must be agreed to by the applicant So, if any ofyou has any condition thatyou would like for the applicant to consider as part of potentially granting the conditional use permit,you should state what that condition is now and let us inquire of the applicant. Seeing no further questions and hearing no proposed conditions, it is appropriate to entertain a motion to close the public hearing. Motion by Mayor Pro Tern Bradham and second by Council Member Turnage to close the public hearing. Motion unanimously approved. Bradham: "At this point it is time for us to make a decision to grantor deny this.'Ientertain a motion at this time." Motion by Council Member Turnage and second by Council MemberTart;to grant'the'conditional use of an RV Park/Campground to the parcels presented for consideration based`on;the application, 'the evidence submitted, and the findings of fact as presented: 1. The use requested is listed among the conditional uses in'the district for. Which the application's made. The use requested —RV parks/Campground—is listed among the conditional uses in the Dunn City Code at Section 22-461(11)(a). 2. The requested use is essential or desirable to the public convenience or, welfare. The properties are located between I-95 and NC,55, providing easy access.,to I-95 Exit 73 less than a mile away via NC 55. Approximately half the property is,;a22-acre pond. This location, on I-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. 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. An RV campground.will not detractfrain the characterof 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 berequired`between the RV Park and adjacent residential parcels. 4. The requested use will beinconformity with the land development plan. The Future Land Use Map ;anticipated the `area east of I-95 in the vicinity of the property to remain agricultiit'al/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 I-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 I-100 Industrial District. The preliminary site plan developed for the RV Park, as of April 23, 2021, conforms to the requirements Iin Chapter 22, Article Vill: Travel Trailers and Trailer Campgrounds and meets all requirements to allow for conditional use permit. S. Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being 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 driveway 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. 1. Motion unanimously approved. A copy of the evidence submitted is incorporated into these minutes as Attachment #3. Consideration of Ordinance to Demolish - 405 N Elm Ave The Public Hearing was opened at 7:30 p.m. Chief Building Inspector King presented consideration of Ordinance to Demolish Condemned Structure at 405 N Elm Ave. Building Inspector Slater Johnson conducted an inspection and based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160D- 1117. The Building Inspector also found the structure dangerous or prejudicial to the public health or public safety and a nuisance in violation of G.S. §160A-193. King added that the property has been vacant for a while and caught fire in January. Notices have been sent to the owners, with no replies or no repairs or demolition, With no additional comments, the public hearing was closed. City Attorney Pope told Council that the following ordinances that are being considered tonight have some statute numbers that have changed due to the changes with Chapter 160D of the NC General Statutes. Motion by Council Member Sills and second by Council Member Gaulden to adopt the ordinance directing the Building Inspector to proceed with the demolition of the structure located at 405 N Elm Ave, PIN#: 1516-87- 0692.000 with Attorney Pope's changes. Motion unanimously approved. A copy pfthe Ordinance (02021-09) is incorporated into these minutes as Attachment #4. Consideration of Ordinance to deem property Unfit for Human Hal The Public Hearing was opened at 7:34 p.m. Chief Building Inspector to deem property Unfit for Human Habitation at 119 E Broad St. C conducted an inspection and found the structure in a deteriorated cor of the City of Dunn's Non -Residential Building Maintenance Code. Wl prejudicial to the public health or public safety and a nuisance in`violz this property was known as McLeod Furniture. His office has received indicated they were going to do repairs but then said they were sellin since the process was started. If ordinance adopted, they will have % not be occupied. Jaime Castillo shared that he was planning on purchasing the additional comments, the public hearing was closed. . After further discussion, motion by Council Member, ordinance directing the Chief Building Inspector to v. at 119 E Broad St, PIN#: 1516-67-4382.000. Motion is incorporated into these minutes as Attach men t #S, Consideration of Ordir The Public Hearing was deem property Unfit for inspection and found th Dunn's Non -Residential the owner, ousme: recommended or punuc sate is the locatioi e been made. I of equipment. owner and th¢ ion -119 E Broad St presented consideration of Ordinance Enforcement, Officer Dwayne Williams n that does not meet the requirements also found the property dangerous or of N.C.G.S. §160A-I93. King added that I complaints on the property. They had property. No repairs have been made irs`to make repairs but property could his restaurant there. With no by Council Member McLean to adopt the the.ptoperty Unfit for Human Habitation �ved. A copy of the Ordinance (02021-10) deem property Unfit for Human Habitation -100 W Edgerton St (t 7:42 p.m. Chief Building Inspector King presented consideration of Ordinance to inbitation at 100 W Edgerton St. Code Enforcement Officer Williams conducted an re ih a'&teriorated condition that does not meet the requirements of the City of Maintenance Code. Williams also found the property dangerous or prejudicial to 7 and a nuisance in violation of N.C.G.S. §160A-193. Chief Building Inspector King of a business;Champion Milling. He reviewed the issues with the building and that ''shared thatamajor concern was the use of a forklift on the floor, not designed to t v ill need some sort of engineering for the forklift. He has been in touch with r Attorney Bo Jones and feel like they will be willing to make some changes. He offal time to handle repairs so that the business would not have to close. Bo Jones, Attorney representing WREN Industries and Gary Harris, Champion Milling requested an additional 60 days to have an engineer look at the floor system so they can find out what kind of expense they are looking at. With no additional comments the public hearing was closed. Motion by Council Member Turnage and second by Mayor Pro Tem Bradham to table until the July meeting to allow the owners time to consult with an engineer for an assessment to bring the building back up to code. Motion unanimously approved. Consideration of Resolution Fixing Date of Public Hearing for Voluntary Annexation Petition ANX-01-21 City Manager Neuschafer presented request to approve a resolution fixing date for a Public Hearing as June 8, 2021 for voluntary contiguous annexation petition ANX-01-21; +/-65.36 acres lot, owned by Susan Tart Property, LLC. The property is identified by the Harnett County Registry as PIN #1506-77-7440.000, 1506-88-2105.000 and 1506-88-1668.000. The clerk was directed to investigate the petition at the April 13, 2021 Council meeting. She researched the documents and verified the property meets the criteria for annexation. Motion by Council Member McLean and second by Council Member Turnage to adopt the Resolution Fixing Date of Public Hearing as June 8, 2021 for the Voluntary Contiguous Annexation Petition ANX-01-21. Motion unanimously approved. A copy of the Resolution (R2021-1 6) is incorporated into these to inutes as Attach ment #6. Consideration of Solid Waste Contract Extension City Manager Neuschafer presented request for council to approve a four-year contract extension with Republic Services after an extensive review and discussion at the Budget Planning Retreat and Budget Workshop. Motion by Council Member Gaulden and second by Council Member Tart to authorize City Manager Neuschafer to execute a four (4) year extension of the current solid waste contract with Republic Services beginning July 1, 2021 after review and concurrence from the City Attorney. Motion unanimously approved. Consideration of Landscape Maintenance Contract Extension Assistant City Manager Boone presented request to extend the contract with 01d Mill Stream, Inc. for the landscape maintenance contract. Motion by Council Member Turnage and second by Council Member McLean to authm ize.'City Manager Neuschafer to execute a one (1) year extension of Old Mill Stream's current contract beginning July 1, 2021 and ending on June 30, 2022. Motion unanimously approved. NCDOT Assistant City Manager Boone presented proposed agreement forinstallation'of conduit along the I95 widening project areas. NCDOT will install 8,375' of 2" conduit along on both fhe east and west sides of US421 and the Spring Branch/Pope Rd intersection. This conduit would be used for any fixture lighting needed to be installed in these areas. This cost is considerably lower to install (nv while the project is in progress rather than do this work at a later date. After discussion, motion by Mayor Pro Tern Manager Neuschafer to execute the Utility Cc Department of Transportation for,the consti 5878. Motion unanimouslvapproved';;,, mber Gaulden to authorize City een the City of Dunn and the NC installation in NCDOT project I - Advisory Board Appointments Motion by Council Member Silts and second by Council Member Turnage to reappoint Gary Beasley and Douglas Godwin and to appoint Blaine Everhart and )2odney Lanier, to the Planning Board with terms to expire June 30, 2024. Motion unanimously approved.' Motion by Council Mem ber,Sills.;and second, by Council Member Turnage to reappoint Dal Snipes to serve another term as Chairman of the ABC Board with term to end June 30, 2021. Motion unanimously approved. Motion by Couacjl Member Turnage!'.and second by Council Member Tart to reappoint Delano Blaizes to the Dunn Board and Gloria 'Gulledge as the Dunn representative on the Harnett County Library Board and appoint Angela Godwin to the Dunn>Library Board of Trustees with terms to expire June 30, 2024, Motion unanimously approved. Council Goals/Reports City Manager Neuschafer presented the reports for review. He updated Council that the paving will be completed on the street improvements as soon as the utility work is complete. Broad Street is not in the paving plan this year due to staff working with Wayne Avenue Shopping Center owners to work out a solution for the trucks blocking the streets during unloading. He also updated Council on the plans for the asphalt paver. Mayor Pro Tem Bradham encouraged Chief White to put bicycle officers on the Dunn -Erwin Rail Trail. Parks and Recreation Director McNeill gave a quick update on the Tart Park project. Council Members Sills thanked all the volunteers for participating in the Dunn Litter Sweep. He also talked about the flooding issues at Westhaven related to stormwater issues during the recent storm. Motion by Council Member Sills and second by Council Member Gaulden to acknowledge receipt of the Council Goals/Reports. Motion carried unanimously. Administrative Reports Finance Director Roberts provided the following financial report for the period ending April 30, 2021: • As of April 30, 2021, the General Fund and the Water -Sewer Fund had $9,152,109 combined compared to $7,175,161 in 2020. • The City has received $4,244,952 in Property Tax Revenue, approximately 103% of projected budget compared to $4,097,735 last year. • Sales Tax Revenue continues to be very strong with total receipts through February of $1,749,193, a 5.9% increase from the same time lastyear, which totaled $1,651,197. • Utilities Sales Taxes for the first three quarters totaled $491,922 compared to $525,935 last year. • Building Permit Fees for the month of April were $19,286, with total of $145,193 or 145% of budget compared to $102,204 last year. • Water and Sewer Revenues for the month of April were $488,334, with total to-datepf $4,858,633 or 83% of budget compared to $4,761,892 in 2020. • General Fund expenditures in April were $979,361 with total expensed tuldate of $9,767,569 or 83.7% of Budget compared to $9,436,392 in 2020. • The Water and Sewer fund expenditures in April were $689,841 with Total expe"nsed,to-date of $5,027,063 or 68.9% of budget compared to $4,371,348 in 2020. The benchmarlt for this period'is 84% of budget. He also reported on Debt Service and Liens and Assessments and updated Council that ;outstanding utility bills related to Covid-19 have been paid. Reports were also received as follows: Communicat Public Works Report, Public Utilities Report, Parks and Motion by Council Member McLean and second by Council Administrative Reports. Motion unanimously approved. Announcements/Information Mayor Pro Tern Bradham announced upcoming Planning and Inspections Report, ,y Report and Police Report. Gaulden to acknowledge receipt of With no further business to discuss, motion by Council Member Sills'and second by Council Member Gaulden to adjourn the meeting at 8:24 p,m; Motion unanimously approved. William P. Elmore Jr. Mayor 1 i MD D City Council Agenda Form YMeeting Date: June 8, 2021 SUBJECT TITLE: Minutes — May 27,2021 Special13 Attachment: X Yes No Description: Draft Public Hearing Advertisement Date: 1711-:1011 1 7.34T14:511110 BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve Minutes as presented. Dunn City Council Special Called Meeting Thursday, May 27, 2021 6:00 p.m., Dunn Municipal Building Minutes PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem Dr. David L. Bradham, Council Members J. Wesley Sills, April Gaulden, Frank McLean, Billy N. Tart, and Chuck Tonnage. Request for Special Meeting is incorporated into these minutes as Attachment #1. Also present: City Manager Steven Neuschafer, Assistant City Manager Mathew Public Utilities Director Heather Adams, and City Attorney Tilghman Pope CALL TO ORDER AND INVOCATION Mayor Elmore opened the meeting at 6:00 p.m. Council Member McLean led in the Pledge of Allegiance. Motion by Mayor Pro Tern Bradham and second by Council the staff concerning the negotiation of the price and terms of in accordance with [N.C.G.S. 143-318.11(a)(5)]. Motion una' Mayor Elmore reconvened the meeting and with no further Bradham and second by Council Member Turnage to adjourn Director Jim Roberts, and Council Member to enter Closed., Session to instruct ling the acquisition of real property iscuss, motion by Mayor Pro Tern at 7:55 p.m. Motion unanimously DUNN. CouncilUNN City Agenda u4 Meeting Date: June 8, 2021 SUBJECT TITLE: Proclamation — State of Emergency— Rescinding Amendment 1 and 2 Presenter: Department: Attachment: X Yes No Description: State of Emergency Amendment Termination Public Hearing Advertisement Date: PURPOSE: Termination of Amendments 1 and 2 of the Covid-19 State of Emergency, which takes away the requirement to wear face coverings and opens up the City of Dunn facilities. The State of Emergency will remain in effect. BACKGROUND: BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: Recognizing Proclamation — State of Emergency — COVID-19, Termination of Amendments 1 and 2. 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. n . GVTy OF William P. Elmore Jr., r 0RPOF?4 ' Z SEAL Attest: Ta my Willi+ City Clerk DUNN , g g � 0�- D 0- � t 1 N" - N` DUNN >City Council Agenda v v Date:Meeting -' I SUBJECT TITLE: Retirement Resolution — Anne Thompson Presenter: Citv Manaqer Neuschafer Administration Attachment: X Yes No I Description: Resolution Public Hearinq Advertisement Date: PURPOSE: Retirement Resolution —Anne Thompson, Human Resources Director Retirement Date: June 1, 2021 BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: To approve Retirement Resolution in recognition and appreciation of Anne Thompson's 10 years of service as the Human Resources Director with the City of Dunn. mil V1 V as�re comntte�ti ntaEEers 0&0&&94l,Z1 OF THE DUNN CITY COUNCIL EXPRESSING APPRECIATION TO ANNE B. THOMPSON UPON HER RETIREMENT DUNN All -America City 1989*2013 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 from and after this 8`i' day of nine, 2021. William P. Elmore, Jr. Mayor Attest: Tammy Williams, CMC City Clerk CouncilDUNN - I MU- D 0' - N"t' DUNN All -America Cily All -America City 11111.f City Agenda 9 Meeting D; a, , 2021 SUBJECT TITLE: Temporary Blocking of Street Request — McNeil Memorial Church Presenter: City Manager Neuschafer Department: Administration Attachment: X Yes No Description: Request and Map Public Hearing Advertisement Date: PURPOSE: McNeil Memorial Church is requesting the temporary closing of S Magnolia Avenue between Bay St and Canary St to host a Juneteenth Celebration at their location on Saturday, June 19, 2021 from 9:00 a.m. to 5:00 p.m. The church will be sharing invitation with the residents on S Magnolia who will be impacted by the street closing. They are planning to make personal visits in addition to the written invitation. They will mainly use the street in front of the church so that the residents should have no issues leaving or returning during the event. BACKGROUND: BUDGETIMPACT: RECOMMEN DATIONIACTION REQUESTED: Motion to approve Temporary Blocking of S Magnolia Ave from Bay St to Canary St for Saturday, June 19, 2021 as requested. Tammy W. Williams From: McNeil Memorial <mcneilmemorial@gmail.com> Sent: Monday, May 24, 2021 9:46 AM To: Tammy W. Williams Subject: Street Blockage - June 19th, 2021 Good Morning, McNeil Memorial Church located at 607 S. magnolia ave. Dunn, NC 28335 , is hosting a community fun day in celebration of Juneteenth. This is an event for our church and associates in celebration of african american independence. We plan to have small business vendors, outdoor activities for children as well as food and games for all. We wish to block off S Magnolia avenue from bay st to canary st where our building is located. Our slatted time of operation would be from 9:OOam to 5:00 pm on the 19th. If you have any other questions or concerns, please feel free to contact us. Amber Gilbert Recording Secretary McNeil Memorial Church 607 S. Magnolia Ave. Dunn, NC 28334 (910)292-2252 mcneihuemorial(,email.com mcneilmemori alchurch. com 3sn-iv93'1 110d ION You are cordially invited to participate in our Juneteenth celebration, also known as freedom day or emancipation day. Celebrating the emancipation of the last remaining enslaved people in the United States. Saturday - June 19t', 2021 10:00am - 4:00pm 607 S. magnolia Ave. Dunn, NC 28334 We will be celebrating outside of our building. We will have food, games, and local small business vendors for your enjoyment. Please consider joining us to celebrate this momentous day in history. If you are a small business vendor, this is your formal invitation to come set up shop. Please contact Sandra Abney — (910)984-4807, sands av_w tDembargmaiLcom to confirm you have accepted to come. If you are a neighbor, this is your written invitation to join us, and your written notice of blockage of Magnolia Avenue on this day from 9:00am-5:00pm. DUNN ®- DLINN �� All -America Gil i t l ,.II d 1, l,,, All•America Gity 1 III I.r City Council Agendaor 1 r Meeting Date: June 8, 2021 1989* 2013 1989 * 2013 SUBJECT TITLE: Temporary Blocking of Street Request and Police Support for 5k Run — Harnett Area Running Club Presenter: City Manager Neuschafer Department: Administration Attachment: X Yes No Description: Request and Maps Public Hearing Advertisement Date: PURPOSE: The Harnett Area Running Club request permission to hold a 5k in Dunn on Saturday, November 13, 2021. They request the temporary closing of N General Lee Ave between W Harnett and W Edgerton Streets from 7:30 a.m. to 11:00 a.m. and for police to assist with traffic control at intersections runners will be crossing during the race. Maps showing the street closing and the run's route are attached. Parks and Recreation Director McNeill has been contacted by club and there are no other scheduled events at Tyler Park on this date. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve Police Support and the Temporary Blocking of N General Lee Ave from W Harnett St to W Edgerton St on Saturday, November 13, 2021 as requested. Mr. Steven Neusehafer Dunn City Manager Post Office Box 1065 Dunn, NC 28335 May 14, 2021 Re: Fundraising 5K Dear Mr. Neuschafer, The Harnett Area Running Club respectfully requests permission to hold a fundraising 5k in Dunn on Saturday November 13, 2021. The purpose of this event will be to raise money to assist in changing our organization from an informal group to an incorporated nonprofit. We also hope to bring some new people into the downtown area in hopes that they will have an opportunity to experience what Historic Downtown Dunn has to offer. We plan to start and finish the race on North General Lee Avenue between West Harnett Street and West Edgerton Street. We again request your permission to and help with closing North General Lee between West Harnett and West Edgerton. We would ask that it be closed from 7:30 a.m. until 11:00 a.m. on Saturday November 13, 2021. We also feel that we may need some police officers to help with traffic control on a few of the busier intersections that our runners will be crossing. The three intersections in particular we feel that we will need assistance with are the intersections of Byrd Drive and Friendly Road, Wellons Avenue and Friendly Road and North Orange Avenue and West Harnett Street. I have enclosed a copy of the proposed route for your review. Please feet free to call me at 910-890-9302 should you have any questions or concerns regarding our requests. Sincerely, f f r F _ diristopher Brown Harnett Area Running Chub www.hartici,ut.aruiurin cab. 3sn-iv93'I mod IoN usmapometer.com - Print route https://us.mapometer.com/print/route Distance 3.11 mi i42ii iair,7 G(i fi5; V[N �301a Leaflet I © Stadia Maps, © OpenMapTiles © OpenStreetMap contribute ascent 56 ft descent 5 6 ft 1oft 5/14/2021, 3:43 PM DUNN _ DLINUN DUNN AIFAmericaCtty „1" ",11"„n All•AmerleaCity 1 I City Council Agenda Form 1 I ® Meeting Date: June 8,, 2021 1999 * 2013 1989 * 2013 SUBJECT TITLE: Temporary Blocking of Street — AA & AAA Dixie Youth Baseball Presenter: Recreation Director McNeill Department: Recreation Attachment: x Yes No Description: Map Public Hearing Advertisement Date: PURPOSE: Temporary closing of Harnett Street, at the corner of Harnett Street and General William C. Lee Avenue to Wayne Avenue, beginning at 3:00 p.m. on Friday, July 9, 2021 and remaining closed Saturday July 10 and July 11 until the end of the tournament. This will allow patrons to safely enter the park for the DYB state tournaments. BACKGROUND: This will be Dunn's sixth state tournament and fourth since renovating Tyler Park. State tournaments kick off with an opening ceremony the night before gameplay begins. The opening ceremony is set for Friday July 9th at 7:00 p.m. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve temporary blocking of Harnett Street as requested for AA & AAA Dixie Youth Baseball State Tournament July 9-11, 2021. IN 40 � 0 I » R � � DUNN � UMD D 0" t "' �� All•AmericaCity �i(' oil d"n, , All -America 111111 1y Council iiAgenda `®r 1 f ® Meeting Date® June 8, 20 1989 2013 1989 * 2013 SUBJECT TITLE: Renewal of SRO Program MOU for July 1, 2021 to June 30, 2022 Presenter: Chief White Department: Police Department Attachment: X Yes No Description: Renewal MOU for FY 2021-2022 Public Hearing Advertisement Date: PURPOSE: Renew the MOU for the School Resource Officer Program to provide officers at Harnett Primary and Wayne Avenue Schools for the 2021-2022 Fiscal Year, BACKGROUND: The MOU reimburses the City up to $31.64 per hour with a maximum of $65,812.00 for each SRO provided at Harnett Primary and Wayne Avenue Schools. BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to renew MOU on the same terms and conditions for a term of 12 months beginning July 1, 2021, Renewal of School Resource Officer Program Memorandum of Understanding Per Article VII entitled "Amendments and Modifications: Additional Policies and Procedures" of the School Resource Officer Program Memorandum of Understanding dated October 1, 2018 (MOU), attached hereto, the Harnett County Board of Education and the City of Dunn mutually agree to renew the MOU on the same terms and conditions for a term of 12 months beginning July 1, 2021 and ending June 30, 2022. Signatures: William P. Elmore, Jr., Mayor City of Dunn Duncan E. Jaggers, Chairman Harnett County Board of Education 1c54_ it W-1 L)UNN Agenda 9 w Meetinga e . s '' ,2021 SUBJECT TITLE: Retirement Resolution Presenter: City Manager Neuschafer Department: Administration Attachment: X Yes No Public Hearinq Advertisement Date: PURPOSE: Retirement Resolution for Anne Thompson, Human Resources Director, who retired on June 1, 2021. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: UNN city of 2st%re cmnruarrcq maEEerr 0&0&&9� 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 Minntes of the City of Dunn, and shall be in full force and effectf oin and after this 8`r' day of Jame, 2021, P. Elmore, Mayor Attest: 1 ayw� MC City Clerk DUNN — - W` b D3 D � Q t 1 ' N - N' City Council Agenda 1 Meeting Date: June 8, 9 F SUBJECT TITLE: Juneteenth Proclamation Presenter: Mayor Elmore Department: Governing Body Attachment: X Yes No Description: Proclamation Public Hearing Advertisement Date: PURPOSE: Find attached Proclamation designating Juneteenth as June 19, 2021 in the City of Dunn. ATINZOM1WRI BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: north c:a r�'o\A\l\\\i :ta W -D UN city of 'inn w6ne �anz�tuni naaEEer L juneteenth 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 took 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, at -rived 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 I, Mayor William P. Elmore Jr., on behalf of the City Council and our residents proclaim Saturday, June 19, 2021, as Jurteteenth, 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 81h day of'Janae, 2021. Ifi" ey, William P. Elmore Jr., Mayor) ATTEST: [f Tammy Willi s, City Clerk DUNN ` D City Council Agenda K y Meeting agDate: .Aa a 8 SUBJECT TITLE: Miss Dunn 2020 — Maya Bryant Presenter: Mayor Elmore Department: Administration Attachment: X Yes No Description: Proclamation Public Hearina Advertisement Date: PURPOSE: Presentation to Miss Dunn 2020 — Maya Bryant BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: north caroling DUNN LLU DUNN All -America City city of dunn Alm cmnnnuui 711a Kerr • 1989 * 2013 914iss Dunn 2020 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 Dunn 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. Proelailned this the 81h day of June, 2021. ,- William P. Elmore Jr., M y r ATTEST: �Q Tammy Williarq§City Clerk DU'- � t 1 N - N"" " ** ' r�,�r*,* r - a ujj� City Council Agenda Form �. Date: + F a n 8 0 5 .' 1989+2013 SUBJECT TITLE: Miss Dunn's Outstanding Teen 2020 — Grayson Johnson — Presenter: Mayor Elmore Department: Administration Attachment: X Yes No Public Hearina Advertisement Date: PURPOSE: Presentation to Miss Dunn's Outstanding Teen 2020—Grayson Johnson BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: ❑ILD D ortli c:irlin;iDUTNN UNN All -America Ci4 Gtv or dUtlll F 2116re cmrnrnrcrri matters F 'j�/1//✓) i 1989 * 2013 bliss 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 8"' clay of June, 2021. William P. Elmore Jr., yor ATTEST: 'I d City Clerk Adopted 8-4-05 CITY OF DUNN CITY COUNCIL PUBLIC COMMENT POLICY The City Council for the City of Dunn does hereby adopt a Public Comment Policy to provide at least one period for public comment per month at a regular meeting of the City Council. This policy shall remain in effect until such time that it is altered, modified, or rescinded by the City Council. All comments received by the City Council during the Public Comment Period shall be subject to the following procedures and rules: 1. Anyone desiring to address the City Council must sign up and register on a sign- up sheet available on the podium within the City Council chambers prior to the Mayor calling the meeting to order. The sign-up sheet shall be available thirty (30) minutes prior the beginning of the City Council meeting in the City Council Chambers. Once the Mayor has called the meeting to order, the City Cleric shall collect the sign-up sheet and deliver it to the Mayor. The speaker shall indicate on the sign-up sheet his or her name, address and matter of concern. 2. The Public Comment Period shall be for thirty (30) minutes. 3. Comments are limited to three (3) minutes per speaker. A speaker can not give their allotted minutes to another speaker to increase that person's allotted time. 4. Each speaker must be recognized by the Mayor or presiding member of the City Council as having the exclusive right to be heard. Speakers will be acknowledged in the order in which their names appear on the sign up sheet. Speakers will address the City Council from the podium at the front of the room and begin their remarks by stating their name and address. 5. Individuals who sign up but can not speak because of time constraints, will be carried to the next regular meeting of the City Council and placed first on the Public Comment Period. 6. During the Public Comment Period, a citizen, in lieu of or in addition to speaking may pass out written literature to the City Council, City Staff and audience. 7. Groups supporting or opposing the same position shall designate a spokesperson to address the City Council in order to avoid redundancy. 8. After the citizen has made his or her remarks, he or she will be seated with no further debate, dialogue or comment. 9. The Public Comment Period is not intended to require the City Council to answer any impromptu questions. Speakers will address all comments to the City Council as a whole and not one individual Council member. Discussions between speakers and members of the audience will not be allowed. The City Council will not take action, or respond to questions about, issues raised during the Public Comment Period at the same meeting. 10. Speakers shall refrain from discussing any of the following: matters which concern the candidacy of any person seeking public office, including the candidacy of the person addressing the City Council; matters which involve pending litigation; matters which have been or will be the subject of a public hearing; and matters involving specific personnel issues related to disciplinary matters. If the speaker wishes to address specific personnel issues related to disciplinary matters, he or she should take their comments to the City Manager, who shall share the comments with the City Council. 11. Speakers shall be courteous in their language and presentation. 12. The Mayor and City Manager shall determine, on a month to month basis, where the Public Comment Period will appear on the monthly agenda when developing the agenda, prior to its publication. 13. The Public Comment Period shall only be held during the regularly scheduled monthly meeting of the City Council. There shall not be a Public Comment Period at any other meetings of the City Council, unless specifically approved by the City Council. DUNN � WM-1 D 0 t N1-- - N" CouncilAgenda n ; Form MeetingDate: June 8,2021 SUBJECT TITLE: Adoption of Fiscal Year 2021.2022 Budget Presenter: City Manaaer Neuschafer Ad min istration/Finance Attachment: X Yes No Description: Notice of Public Hearing, Budget Ordinance for FY 2020-2021 and Fee Schedule effective July 1, 2021 Public Hearino Advertisement Date: 05-28-2021 PURPOSE: a) Public Hearing: to hear comments concerning the proposed budget. b) Decision: Consideration to adopt the Budget Ordinance/Budget Document for FY 2021-2022 and the Fee Schedule effective July 1, 2021. BACKGROUND: The Public Hearing was advertised on May 28, 2021 and promoted on the City's Website. The Budget Message and Ordinance has been available on the website since the published notice. BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: Motion to adopt the Fiscal Year 2021-2022 Budget as presented to include the Budget Ordinance and Fee Schedule. City of Dunn NOTICE OF PUBLIC HEARING FY 2021-2022 BUDGET The proposed Fiscal Year 2021-2022 budget for the City of Dunn has been presented to the City Council and is available for public inspection in the office of the City Clerk at the Dunn Municipal Building from 8:00 a.m. to 4:00 p.m. weekdays. The City Council will hold a public hearing on the proposed budget on June 8, 2021 at 7:00 p.m. in Council Chambers at the Dunn Municipal Building, 401 E. Broad Street, Dunn, NC, for the purpose of receiving comments pertaining to the budget. Persons wishing to be heard are invited to make written or oral comments. Tammy Williams City Clerk 910-230-3500 Advertise: May 28, 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 $ 599,600 Investment Income $ 3,000 Utilities Sales Tax $ 703,000 Beer and Wine Tax $ 50,000 Powell Bill $ 266,000 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: GENERAL TAX 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 COVID19 economic relief. SECTION H. 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 $680,000 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 811 day of June, 2021. William P. Elmore, Jr. Mayor Attest: Tammy Williams City Clerk The budget ordinance, and all additional amendments, are available in the office of the City Clerk, Dunn Municipal Building, Dunn, North Carolina. Steven Neuschafer City Manager City of Dunn Fee Schedule Fee Schedule for FY 2021-2022 FEE RECOMMENDATIONS FOR 2022 BUDGET 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 PROPO,SLD FEES D7ise. Fee & Charges Copy of City Council Meetings & Other Meetings CD/DVD $5.00 per CD/DVD $5.00 per CD/DVD CD/DVD provided by individual $0.00 $0.00 1 Xerox Copies- Black & While .100 per page .100 per page Returned Check Fee $25.00 $25.00 Sunshine List - except media $10.00/year $10-00/year §143-318.12 Public notice of official mectings. 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 {Paler & Sewer Assessments Water Main To be determined - per job/lineal ft. To be determined - per jobAine21 ft. Sewer Main To be determined - per job/lineal ft. To be determined - per job/lineal ft. Curb & Gutter To be determined - per job/lineal It. To be determined - per job/ineal ft. Sidewalk To be determined - per job/lineal ft. To be determined - per job/ineal ft. Tile Open Di1eb/Piping cost of materials cost of materials Building Inspections & Code Enforcement FEES FEES New Dwelling - Single Ftn dIr Dwelling Up to 1200 sq. ft. $500.00 $500.00 Over 1200 sq. ft. .250 per sq. ft. .250 per sq. ft. (Incbrdes Electrical, Plumbing & Mechanical) Note: This is total sq. ft., i.e. garage, porch, deck, etc. included Homeowners Recovery Fund - § 87-15.6. $10.00 $10.00 Additions ions emor a urg - Residential (Bedrooms, bathrooms, sunrocuns, etc.) 0 - 400 sq. ft. $200.00 $200.00 Over 400 sq. ft. .250 per sq. ft. .250 per sq. ft. (Includes Electrical, Plumbing & Mechanical) D/u[[i-FmniGDwelling First Unit $350.00 $350.06 Each Additional Unit $150.00 $150.00 (Includes Electrical, Plumbing & Mechanical) Mobile Houres Single -Wide Mobile Homes - (Building only) $150.00 $150.00 Double -Wide Mobile Homes - (Building only) $175.00 $175.00 Triple -Wide Mobile Homes - (Building only $200.00 $200.00 (Includes piers, lie -downs, steps, and decks) Poured Footing Inspection $50.00 $50.00 Mechanical Permit Fee $60.00 $60.00 Flectrical Permit Fee $60.00 $60.00 Plumbing Permit Fee $60.00 $60.00 Fee Schedule Draft 4 5-27-2021 Budget 2022 City of Dunn Fee Schedule Fee Schedule for, FY 2021-2022 FEE RECOMMENDATIONS FOR 2022 BUDGET The City Manager shall have the authority to set any fee not othenvise listed and shall have the authority to make any interpretations of any fee listed on this schedule. Drvelllnps Moved mr Lol $150.00 $150.00 Trade Fees $60.00/each $60.00/each Residential Accessory Buildings (Adached & DelacherD (Garages, .storage buildings, pool houses, decks/screen porches, etc) 0 to 400 sq. ft. $50.00 $50.00 401 to 800 sq. ft. $100.00 $100.00 801 to 1200 sq. ft. $150.00 $150.00 1200 sq. ft. and greater Same As New Dwelling Same As New Dwelling Mechanical Permit Fee $60.00 $60.00 Electrical Permit Fee $60.00 $60.00 Plumbing Permit Fee $60.00 $60.00 Residential Trade Pennies Mechanical Permit Fee $60.00 $60.00 Electrical Permit Fee $60.00 $60.00 Plumbing Permit Fee $60.00 $60.00 Alodular Hoines $290.00 $290.00 (Fee Inehides Electrical, Plumbing and Mechanical) Permit Fee for Non -Residential Construction $0 to 5,000.00 $100.00 $100.00 $5,001 to 25,000 $200.00 $200.00 $25,001 to 50,000 $400.00 $400.00 $50,001 to 100,000 $805.00 $805.00 $100,001 to 200,000 $1,610.00 $1,610.00 $200,001 to 350,000 $2,815.00 $2,815.00 $350,001 to 500,000 $3,720.00 $3,720.00 $500,001 to 750,000 $4,975.00 $4,975.00 $750,001 to 1,000,000 $6,230.00 $6,230.00 Fees over $6,230 = plus 0.2% of each added million dollars or portion thereof Fees over $6,230 = plus 0.2%of each added million dollars or portion lhereo Plan Review Fees (Non -Residential On(t9 (Includes Building and Fire Revien, < 5,000 sq. ft. $50.00 $50.00 5,000 sq. ft. - 10,000 sq. ft. $100.00 $100.00 10,001 sq. ft. - 25,000 sq. ft. $150.00 $150.00 25,001 sq. ft. - 100,000 sq. ft, $200.00 $200.00 > 100,001 sq. ft. $250.00 $2%00 Miscellaneous Fees Demolition Permit (May require asbestos report) Residential $60.00 $60.06 Commercial Use Commercial Rates Use Commercial Rates Residential Swimming Pools $50,00 Plus Trade Fees $50.00 Plus Trade Fees Permit Changes (Charge ofcwnrocior, Scope of IPork, etc) $50.00 $50.00 Permit Renewal (6 months to 2 years) $100.00 $100.00 Permit Renewal (More than 2 years) New Pennit Fees New Permit Pees Service Pole and Service Changes $50.001 $50,00 Change of Occupancy or Use Permit $50.001 $50.00 Reinspection Pee (1 - 7 items or approved plans no[ on site) $50.00 $50.00 Fee Schedule Draft 4 5-27-2021 Budget 2022 City of Dunn Fee Schedule Fee Schedule for FY 2021-2022 FEE RECOMMENDATIONS FOR 2022 BUDGET 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. Reinspection Fee (>8 items or after 1st Reinspection) $75.00 $75.00 Conditional Power Inspection (Commercial Only) $50.00 $50.00 Working Without Permit Double Permit Fees Double Permit Fees Sign Permit (requiring footings and wind calculations $60.00 $60.00 Misc. Inspection (daycares/foster homes, etc.) $75.00 $75.00 ABC Permit Inspections $75.00 $75.00 Residential Deck or Handicap Ramp $60.00 $60.00 Residential Roof Replacement $50,00 $50.00 Residential Lawn Irrigation $50,00 $50.00 After Hours/Weekend/Holiday Inspections $100/hr. (t hour minimum) $I00/hr. (I hour minimum) replacement Permit Inspection Card $25.00 $25.00 Fire Permit Fees Conslruelimt Pernuts LRequiredl Automatic Fire Extinguishing Systems $35.00 plus $2 per nozzle $35.00 plus $2 per nozzle Battery Systems $50.00 $50.00 Compressed Gases $50.00 $50.00 Cryogenic $50.00 $50.00 Fire Alarm and Detection Systems $35.00 plus $2.00 per device $35.00 plus $2,00 per device Fire Pumps and Related Equipment $50.00 $50.00 Flammable and Combustible Liquids (OGST/AGST) $50.00 Per Tank $50.00 Per Tank (Piping) $50.00 $50.00 Hazardous Materials $75.00 $75.00 Industrial Ovens $50.00 $50.00 LP Gas Systems $50.00 $50.00 Private Fire Hydrants $50.00 per Hydrant $50.00 per Hydrant Spraying or Dipping $50.00 $50,00 Standpipe Systems $50.00 $50.00 Temporary Membrane Structures and Tents $50.00 $50.00 OnergBfflg Perurirs Amusement Buildings $50.00 $50.00 Carnivals and Fairs $75.00 $75.00 Combustible Dust -Producing Operations $50,00 $%00 Combustible Fibers $50.00 $50.00 Compressed Gases $50.00 $50.00 Covered Mall Buildings $50.00 $50.00 Cutting and Welding $50.00 $50.00 Dry Cleaning Plants $50.00 $50.00 Exhibits and Trade Shows $75.00 $75.00 Explosives $100.00 $100.00 - Fireworks Displays $50.00 $50.00 Flammable and Combustible Liquids $50.00 $50.00 Fumigations and Thermal Insecticidal $50.00 $50.00 Hazardous Materials $200.00 $200,00 HPM Facilities $200.00 $200.00 High -Piled Storage $50.00 $50.00 Hot Work Operations $0.00 $0.00 Liquid/Gas-Fueled Vehicles in Assembly Buildings $50.00 $50.00 Miscellaneous Combustible Storage $50.00 $50.00 Organic Coatings $50.00 $50,00 Fee Schedule Draft 4 5-27-2021 Budget 2022 City of Dumr Fee Schedule Fee Schedule fm•FY 2021-2022 FEE RECOMMENDATIONS FOR 2022 BUDGET 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 $50,00 per hydrant Pyrotechnic Special Effects Material $50.00 $50.00 Repair Garages and Motor Fuel -Dispensing Facilities $50.00 $50.00 Storage of Scrap Tires and Tire Byproducts $50.00 $50.00 Waste Handling $50.00 $50.00 Temporary Membrane Structures and Tents $25.00 $25.00 Fire Lrsneetian Fees Up to 3,000 sq. ft. $35.00 $35.00 3,001 sq. ft. to 5,000 sq. ft. $45.00 $45.00 5,001 sq, H. to 10,000 sq, ft. $65.00 $65.00 10,001 sq. ft. to 25,000 sq. ft. $95.00 $95.00 25,001 sq. ft. to 50,000 sq. ft. $125.00 $125.00 50,001 sq. ft. to 100,000 sq. ft. $165.00 $165.00 100,001 sq. ft. to 500,000 sq. ft. $215.00 $215.00 > 500,000 sq, ft. $300.00 $300.00 Fire Re-Ineeection Fees Follow-up Reinspection No Charge No Charge Ist Reinspection $45,00 $45.00 2nd Reinspection $65.00 $65.00 3rd Reinspection $85.00 $85.00 Not remedied after 3rd Reinspection until corrected $100 per day $100 per day Fire Plan Review Fees For Sprinkler & Fire Alan < 5,000 sq. ft. $50.00 $50.00 5,000 sq, ft. - 10,000 sq. ft. $100,00 $100.00 10,001 sq. ft, - 25,000 sq. ft. $150,00 $150.00 25,001 sq. ft. - 100,000 sq, ft. $200.00 $200.00 > 100,001 sq. ft. $250.00 $250.00 Uleerh, Lot Fees- Uncontrolled Growth Price to Mow Price to Hon, Lots .00 to ,25 acres $150.00 $150,o0 .26 to .50 acres $200.00 $200.00 .51 to 1.00 acres $260.00 $260.00 Each Additional Acre $260.00 $260.00 CU Code Violntions Fire Code Citations (Section 8-38) Locked or Blocked Exit (I st offense) $500.00/door $500.00/door Locked or Blocked Exit (After 1st offense within 12 month period) $1,000.00/door $1,000.00/door Overcrowding (Exceeding posted occupant load) $500.00/door $500.00/door Overcrowding (After Ist offense within 12 month period) $1,000.00/door $1,000.00/door Illegal Burning - First Offense Written Warning Written Warning - Second Offense $50.00 $50.00 - Third Offense (Notify State of Air Quality Violation) $100.00 $100.00 114ini nanl Housing Code - 4-31 Noncompliance after 90 day order expires - 4-31(14) $250.00/ er day $250.00/per day Violation of Section 4-31(10)(a) $100.00 $100.00 Fee Schedule Draft 4 5-27-2021 Budget 2022 City of Dunn Fee Seliedule Fee SC1ledule for FY 2021-2022 FEE RECOMMENDATIONS FOR 2022 BUDGET 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. Non -Residential Code -Art. VI! 192 $150.00 $150.00 - Noncompliance after first Citation $50,00/per day $50.00/per day Dunn Public Library FEES FEES Fines Dunn Public Library follows the fee structure established by the Harnett County PLAN is Library One Week Items (DVDNideo) - begins after closing on due date 0.500 per day 0.500 per day Maximum overdue fine for DVDNideos is limited to $20.00 One Week Items (not azines) - begins day after item due .100 per day .I OC per day Three Week Items (books) - begins loth day after item due $2.00 SL00 Each additional day late .100 per day .IOC per day Maximum overdue fine for books is limited to $10.00 Fees Lost or damaged materials Actual cost of material Actual cos( of material Flux 100/page local & toll free 25C/page All Faxes $1.00/page long distance Incoming 100/page Photocopies & Printouts Black & White 100/page 100/page Color $1.00 per page 250/page Color (I I x 17) $2.00 per page $2.00 per page Replacement Library Card $1.00 $1.00 Books Marks on pages non -obstructing of text $5.00 $5.00 Toni pages $5.00 $5.00 Torn cover $5.00 $5.00 Magazines Damaged (torn pages) $3.00 $3.00 Audiobooks & DVDs Audiobook missing disc $10.00 $10.00 Audiobook case damage $8.00 $8.00 Missing DVD case $2.00 $2.00 Missing DVD bonus material $5.00 $5.00 Fee Schedule Dra1,4 5-27-2021 Budget 2022 City of Dwm Fee Schedule Fee Schedule for FY 2021-2022 FEE RECOMMENDATIONS FOR 2022 BUDGET 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. Public Works FEES FEES Junlr/Debris Removal Fee 'Adnrinistrative/Processing Fee $125.00 $125.00 'Manpower Hourly Rate of each employee Hourly Rate of each employee 'EquipnrenUgas usage Hourly Rate for each piece of equipment used hourly Rate for each piece of equipment used 'Tipping Fees Per submitted landfill ticket Per submitted landfill ticket Minimum removal fee plus administrative fee on all work orders $50.00 $50.00 Cemetery Services G�clnsinP Monday thru Friday $700.00 $700,00 Weekends and holidays $900.00 $900.00 Urn and infant fee '/2 of appropriate fee 'h of appropriate fee Marker Foundation Base Veteran/Govemnient marker - furnished No Charge No Charge Base for other markers $100.00 $100.00 Ceueteri, RaleS/AII Cemeteries Each Plot $1,000.00 $1,000.00 Cewelery Lot Transfer Fees & Deed Fees Transfer Fomr only - without a printed deed $20.00 $20.00 Transfer Form - with a printed deed $25.00 $25.00 Deed Copies $25.00 $25.00 Parks & Recreation FEES FEES Faeily' Use & Fees Dunn Comumnio, Building $500+$300 deposit $500+$300 deposit Dr. P.K. IPoas AI.D. Recreation Center Membership Fees $20/month=$200/year $20/month=$200/year (Includes use of Wellness/Fitness Rai & Racquetball Rai) Pay Per Use Fee $5.00 per person $5.00 per person Racquetball $5.00 per person $5.00 per person Class Rental Fee $15.00 per hour $15.00 per hour Batting Cage (booked in 30 min. tlmeslots) $5.00 per person $5.00 per person Multi -Purpose Room $25/hr. +$50.00 deposit $25A,r. + $50.00 deposit Gym Rental Fees $40/1ir. + $100.00 de osit $40/hr. + $100.00 deposit Park Picnic Shelter Rental $15 per hour $15 per hour Tennis Court Rental Fee $15 per hour $15 per hour Open space Rental (non ball field) $to per hour $10 per hour Athletic Field Rental Without Lights $200.00 per day $200.00 per day With Lights $250.00 per day $250.00 per day Reserve fields without lights $25.00/Hour (Max. 2 hours) $25,00/1four (Max. 2 hours) Reserve fields with lights ax $30.00/hour (m2 hours) $30.00/hour (max 2 hours) Fee Schedule Draft 5-27-2021 Budget 2022 City of Dunn Fee Schedule Fee Schedule fin* FY 2021-2022 FEE RECOMMENDATIONS FOR 2022 BUDGET 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. Youth Sports Registration Resident $20 per player S25 per player Non -Residents $60 one sport $60 one sport $40 each additional sport $40 each additional sport $40 each additional child $40 each additional child SOonsarship Fees Spring Sports T-haul, A ieaguc�ivrd AA-{ed"f $200.00 $200.00 Girl's softball - 8u, 10u, 12u, 15u, 18u $275.00 $275.00 Boy's baseball - AA, AAA, Majors, Dixie Boys, Dixie Boys Majors $275.00 $275,00 Miracle League team - effective 4/15/15 $275.00 $275.00 Fall Sports Soccer 4u, 6u, 8u $175.00 $175,00 Soccer 10u & On $225.00 $225.00 Adhr t Leagile Sports Men's and Women's softball $30 resident/$50 non-resident $30 resident/$50 non-resident Kickball $30 resident/$50 non-resident $30 resident/$50 non-resident Men's Basketball $30 resident/$50 non-resident $30 resident/$50 non-resident Volleyball, Walleyball, Pickelball $30 resident/$50 non-resident $30 resident/$50 non-resident Late Fee for all Registrations $5.00 $5.00 C.B. Codrinetap Park/Cib, StvinunuT Pool Adults $3.00 $3.06 Children $2,00 $2.00 Pool Rental $60/hr.-minimum 2 hours $60Por.-minimum 2 hours Planning FEES FEES Planning Board Fees Application for Rezoning or Conditional Zoning (per owner) $500.00 $500.00 Application for Conditional Use Permit $700.00 $700.00 Application for Ordinance Amendment/ General Plan Amendment $300,00 $300.00 Application for Street/Alley Closing $500.00 $500.00 Application for Voluntary Annexation (per parcel) $125.00 $125.00 Board o - diusonent Fees Application for Variance $500.00 $500.00 Application for Special Use Permit $1,000.00 $1,000.00 Appeal Zoning Administrators Decision $500.00 $500.00 Development Permit Fee Schedule Site plan and permit review New Construction/Major Addition (per lot) .Single Family 11ome $50.00 $50.00 Single Family Home (in floodplain) $100.00 $100.00 Multi-family/Non-residential $100.001 $100.00 Multi-family/Non-residential (in floodplain) $200.00 $200.00 Fee Schedule Draft 4 5-27-2021 Budget 2022 City of Dunn Fee Schedule Fee Schedule for FY 2021-2022 FEE RECOMMENDATIONS FOR 2022 BUDGET 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 AddIOmJCbange In Use (per lot) Multi-family/Non-residential $50.00 $50.00 Multi-family/Non-residential (in floodplain) $100.00 $100.00 Fence Permit $50.00 $50.00 Zoning Compliance Letter Pee $50.00 $50.00 Sign Permit Fees Wall Sign $50.00 each $50.00 each Ground Sign $100.00 each $100.00 each Freestanding Sign $200.00 each $200.00 each Construction/Portable Sign/Tempormy Signs $50.00 each $50.00 each Plan Review - Master Sign Plan $150.00 $150.00 Outdoor Advertising/High Rise (plus Inspection Fees) $200.00 each $200.00 each 'temporary Banner/Windblown Signs $20.00 $20. 00 Yard Sale Signs and Section 22-297 Signs No Fee No Fee Political Signs and Special Event Signs $150.00 $150.00 ($75 refunded - all signs reproved within 5 days) Sign Cabinet Replacement $100,00 $100.00 Subdivision Fee Schedule Certificate of Exemption $50.00 $50.00 Minor Subdbdsion Platt Review Fee 1-3 lots (including new residual parent lot) $50.00 per lot $50.00 per lot Major Subdivision - Single Famiiy Residential Preliminary Subdivision Plat Review Base Fee *Base fee includes up to 3 lots including new residual parent lot $200.00 $200.00 *Additional lots exceeding 3 included in base fee $10/lot $10/lot Final Subdivision Plat Review Fee *Base fee includes up to 3 lots including new residual parent lot $150.00 $150.00 *Additional lots exceeding 3 included in base fee $10/lot $10/lot Haim, Subdivision - Multi Fanjiv and Non -Residential Preliminary Subdivision Plat Review Base Fee $300.00 $300.00 *Additional fee for each lot including now residual parent lot $10/lot $10/lot Final Subdivision Plat Review Fee $200.00 $200.00 *Additional fee for each lot including new residual parent lot $10/lot $10/lot Construction Plans Review Fee Processing fee plus hourly rate for consultant review services times the number of review hours $75 minimum $75 minimum *Not to exceed $250 unless Developer is notified that the fee could exceed the cap amount. submittals. If additional reviews are necessary, an additional plan review fee will be assessed per plan review. Fee Schedule Draft4 5-21-20218udget2022 City of Dunn Fee Schedule Fee Schedule for FY 2021-2022 FEE RECOMMENDATIONS FOR 2022 BUDGET 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. Publications Copies (Black and White) 100/page 100/page A1aps 8 1/2" x 11" $5.00 $5.00 11" x 17" $10.00 $10.00 24" x 36" $20.00 $20.00 32" x 44" $30.00 $30.00 Custom Map = cost of map plus: $50.00/hour $50.00/hour Laree Forinat Prints/Copies ofPlnns 24" x 36" (B & W only) $3.00/page $3.00/page Land Use Plan Paper (B & W) $10.00 $10.00 Paper (Color) $20.00 $20.00 CD (pdf) $3.00 $3.00 Zoning Ordinance Paper (B & W) $10.00 $10.00 CD (pdt) $3.00 $3.00 Updates Paper (B & W) .100/sheet .100/sheet CD (pdf) $3.00 $3.00 Pedestrian Plan/Bike Plan Paper (B & W) $10.00 $1.0.00 Paper (Color) $20.00 $20.00 CD (pdf) $3.00 $3.00 Privileee Lieeuse Business Registration Fee $40.00 $40.00 Schedule B (fees regulated by the City of Dann) Beer "Off Premises" $5.00 $5.00 Beer "On Premises" $15.00 $15.00 Wine "Off Premises" $10.00 $10.00 Wine "On Premises" $15.00 $15.00 Alcohol Consumption at Public Special Events MOM $100.00 Food Truck $40.00 $40.00 Taxicab Fare Taxicabs § 11-194. $15.00 each driver $15.00 each driver $1.95 for the first one -tenth (I/10) mile and $0.25 for each additional one -tenth (1/10) o a mile $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) ($4.20 for first mile and $2.50 each additional mile) Fee Schedule Draft 4 5-27-2021 Budget 2022 City of Won Fee Schedule Fee Schedule for FY 2021-2022 FEE RECOMMENDATIONS FOR 2022 BUDGET 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. Animal Control FEES FEES Released Back to Owner Impound Fee $25.00 $25,00 Boarding $10.00/day $10.00/day Other Offenses $10.00 $10.00 Aggressive Dogs 1st Offense $50.00 $50.00 2nd Offense $100.00 $100.00 3rd Offense $200.00 $200.00 Pet Adoptions Dogs $85.00 $85.00 Cats $45,00 $45.00 Rabies Shot $10.00 $10.00 Hearttvorm Shot Test (optional) $15.00 $15.00 Police FEES FEES Registration Fee for Solicifattmt oL Peddling - §11-73 $20.00 $20.00 Apply in advance - valid for 30 days Charitable Solicitation Permit Fees - §11-286 $20.00 $20.00 Permit for application required 30 days in advance of Curfew Ordinance 1st offense - misdemeanor $100.00 $100.00 2nd Offense $250,00 $250.00 3rd Offense $400 + imprisonment $400 + imprisonment False Alarm Responses (Sec. 13-52) Sixth false alarm $50.00 $50.00 Seventh false alarm $100.00 $100.00 Eighth false alarm $150.00 $150.00 Ninth false alarm $200.00 $200.00 Ten (10) or more false alarms $250.00 $250.00 Graffiti Ordinance - §13-65 1st Offense - Civil Penalty $250.00 $250.00 2nd Offense $500.00 $500.00 Delinquency charge upon non-payment $25.00 $25.00 Misdemeanor for failure to pay $1,000 and/or imprisonment $1,000 and/or imprisonment Noise Ordinance - § 13-36. Application & Permit Fee - 48 firs, prior to event $15.00 $15.00 Security Deposit $100.00 $I0400 Initial citation $50.00 $50.00 Initial citation - not paid within 72 hours add $25.00 add $25.00 Bad Offense within 12 months $100.00 $100.00 3rd Offense within 12 months $250.00 $250.00 Parade/Piclret Line/Groo Demonstration Permits-§14-3 $0.00 $0.00 10 Fee Schedule Draft 4 5-27-2021 Budget 2022 City of Dunn Fee Schedule Fee Schedule for FY 2021-2022 FEE RECOMMENDATIONS FOR 2022 BUDGET 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. Parlune Violations Overtime Parking $5,00 $5.00 Double parking $10,00 $10.00 Parking in no Parking Zone $10.00 $10.00 Stopping, Standing or Parking within Intersection, on Crosswalk, near Fire Hydrant, etc. $10.00 $10.00 Stopping in Street $10.00 $10.00 Parking in Fire Lane $25.00 $25.00 Parking in Loading Zone $10.00 $10.00 Obstructing passage of Public Conveyance or vehicle $10.00 $10.00 All Other Parking Violation $10.00 $10.00 Tobacco Free Ordinance Violations $50.00 $50.00 Storage Fee - Impound Lot (fee assessed once vehicle released by courts) $20A0/day $20.00/day FINANCE DEPT. FEES FEES Returned Check Fee $25.00 $25.00 Gnrbnee PiclmU Residential Garbage Rate $16.70 per month S19,20 per month Residential Yard Waste Rate $3.10 per month $3,20 per month Curbside Recycling Residential curbside pick-up (every other week) $3.70 per month S185 per month (billing is included with City of Dann utility bill) Balk pickup net- unit service fee $4.00 per month S5,00 per month Storm Water Tee Non -Residential $7.75 per month S10,00 per month Residential $2.75 per month S3.50 per month Water/Sewer FEES FEES After Hours Fee $45.00 $45.00 Non-payment Administrative Fee $35.00 $35.00 Late Fee 10% of outstanding bill 10% of outstanding bill Water Rate Schedule Inside City Limits Minimum 2,000 $15.25 per month S75.70 per month 2,001 to 4,000 gallons $4.65 per 1,000 per month 54.80 per t,000 per nmmnth 4,001 to 6,000 gallons $4.75 per 1,000 per month S4.40 per 1,000 per month 6,001 to 8,000 gallons $4.80 per 1,000 per month $4.95 per 1,000 per n unolp 8,001 +gallons $4.85 per 1,000 per month S5.00 per 1,000per nxmrtlt Outside City Limits Minimum 2,000 $30.50 per month 331.40 per month 2,001 to 4,000 gallons $9.30 per 1,000 per month S9.60 per 1,800per month 4,001 to 6,000 gallons $9.50 per 1,000 per month $9.80 per 1,000per month 6,001 to 8,000 gallons $9,60 per 1,000 per month 59.90 per 1,000 per n undh 8,001 +gallons $%80 per 1,000 per month S10,00 per 1,000 per month Industrial Rate Inside City Limits Minimum 2,000 $15.25 per month S1.5.70 per month 2,001 to 4,000 gallons $4.65 per 1,000 per month S280 per 1.000 per mont1 4,001 to 6,000 gallons $4.75 per 1,000 per month S1.90 per 1,000 per month 6,001 to 8,000 gallons $4.80 per 1,000 per month 54.95 Per 1,000 per rrronnth 8,001 to 500,000 gallons $4.85 per 1,000 per month kS OC per 1,000 per macth 500,001 + gallons $2.80 per 1,000 per month $2.90per 1,600per morph 11 Fee schedule Draft 5-27-2021 Budget 2022 City of Dunn Fee Schedule Fee Schedule far• FY 2021-2022 FEE RECOMMENDATIONS FOR 2022 BUDGET 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. Outside City Limits Minimum 2,000 $30.50 per month S31.40 per u¢oulir 2,001 to 4,000 gallons $9.30 per 1,000 per month $9.60per 1,000 per trtonth 4,001 to 6,000 gallons $9.50 per 1,000 per month $9.80 per 1,000 per month 6,001 to 8,000 gallons $9.60 per 1,000 per month S9.90 per 1,000 per nroerilr 8,001 to 500,000 gallons $9.80 per 1,000 per month S16.06 per 7,060 per morrih 500,001 + gallons $5.60 per 1,000 per month S5.80 per 1,000 per nrnath Government Bulk Rate W/O minimum GPD guaranteed in contract $4.70 per 1,000 per month P'llo per 1,000 per nchnth Minimum gpd guaranteed in contract $2.14 per 1,000 per month $2.25 per 1,000 per month Server Rates Inside City Limits Base Rate Base Rate '/4" meter $14.50(BR+$6.36/1,000) per month .$I.S. 40(BR+$6.74/1, 000) per mmnth 1" $27.30(BR+$6.36/1,000) per month $28.95(BR+56. 94Z1,000) per month 1 x 44.50(BR+6.36/1,000)per month $47.201BK+,$6.7411;000per month 2" $62.85(13R+$6.36/1,000) per month S66.60(BR+S6.74/1,000) per nrmith 3" $165.20(BR+$6.36/1,000) per month $11S.00(BR+S6.74/1,060) per rumnh 4" $183.25(BR+$6.36/1,000) per month $194.00(BR+56. 74/1,600) per ntoruh 6" $571.10(BR+$6.36/1,000) per month S.57L RYBR+$6.74/1,000) per reroi th Sewer Only Residential $45.00 per month 550.00 per nwnth Sewer Only Commercial (requires metered usage) $45.00(BR+$6.36/1,000) per month S50.00(BR+56. 7-1/1,000) per month arge lodulStual USCr-Applues toa large sanitary sewer semor, where the customer is billed monthly and discharges 1,000,000 gallons (minimum of three months out of a rolling 12 months to quality for this rate) and where all wastewater is discharged into the sanitary sewer system at a single discharge point Base Rate (by meter size)+$5.50/1,000 per month Bate Rate (bye meter size)+ S5.8011,000 per month Outside City Limits Base Rate Base Rate IK" meter $29.00 (BR+$12.72/1,000) per month 530.80 (Bfi! -S13.48,%1,000) per month 1" $54.60 (BR+$12.72/1,000) per month S57,90 BR+$13.d8/I,OOOJ per month 1'/s $89.00 (BR+$12.72/1,000) per month S94.40 (BR i S13.4811,000) per nrontlt 2" $125.70 (BR+$12.72/1,000) per month S133.20 (Btt+S13.48/1A)0) per nrmnh Y $330.40 (BR+$12.72/1,000) per month S350.00 (BR+S13.4811,006) per month 4" $366.50 (BR+$12.72/1,000) per month S388.00 (BR+S13.48/1,000) per nrontlt 6" $1142.20 (BR+$12.72/1,000) per month $1142.20 (13)?+$13,4811,000) per inouth Sewer Only Residential $90.00 per month $100,00 per north Sewer Only Commercial (requires metered usage) $90.00 (BR+$12.72/1,000) per month 5104.00 (13R+$13A311,000) per month ,arge industrial USer-Apphes a a arge 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 lm sanitary sewer system at a single discharge point Base Rate (by meter size)+ $11.00/1,000 per month Base Rate (by tnetersizi)i SL7.60/1,000 per inorilh Water & Sewer Tap free Schedule All Taps Deposit required Deposit are 50%oftap cost as identified All laps greater than ]"are cost plus time and material (Deposit Required) Deposits are 50%oftap east. DEPOSIT REQUIRED DEPOSIT REQUIRED Water Taps Tap Restoration (Same as new Tap) $500.00 $500.00 !u Town 3/4" Water Tap Fee $1,500.00 $1,500,00 1"Water Tap Fee $1,800.00 $1,800.00 Water Taps Out of Town 3/4" Water Tap Fee $2,500.001 $2,500.00 1"Water Tap Fee $3,000.00 $3,000.00 Fee Schedule Draft 4 5-27-2021 Budget 2022 City of Dunn Fee Schedule Fee Schedule fm•FY 2021-2022 FEE RECOMMENDATIONS FOR 2022 BUDGET 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. Seipe1`Taps Tap Restoration (Same as new Tap) $500 $500 4" (Dh'ed lap to mohr and nal to emeed 6PI in depth. Tap foe plus flute B materials for core dr'ilihig or depths greater Man 6Pt) $1,400 $1,400 6" (Direct tap to nialn and not to eviceed 6F1 in depth. Tap fee plus fine and inalerial furcore d�iliing ordeptirs greater Ihml 6 FI) $1,600 $1,600 Transfer Fee $25.00 $25.00 Temporary Landlord Connection $35.00 $35.00 Water Sample Fee $50.00 $50.00 Water Sample Fee - government bulk users $25.00 $25.00 Water Meter Tampering Fee Water cut-on/cut-off $50.00 $50.00 Lock $100.00 $100.00 Breaking curt off valve $175.00 $175.00 Damage to automated metering equipment (first $150 per incident $150 per incident amage o automated metering egmpmen con mue occurrences) $325 per occurrence $325 per occurrence Meter Deposit Rates Homeowners $60.00 $60.00 Rental Tenants $100.00 $100.00 Commercial Accounts Based on Meter Size Based on Meter Size 3/4"-I 1/2"=$100,2'-$200,3"=$300,4"= $400, 6" =$600 3/4"-11/2"=$100,2"=$200,3"=$300,4- $400, 6" =$600 Hydrant Meter (Deposit) $100.00 $100,00 Dieter Read Request Rates 2 Read Requests per Calendar year no charge $0.00 $0.00 Additional Reads (if no error identified) cost per read $25.00 $25.00 Fireline Protection 2" $12,00 per month $12.00 per month 4" $25.00 per month $25.00 per month 6" $50.00 per month $50.00 per month 8" $75.00 per month $75.00 per month 10" $110.00 per month $110,00 per month 12" $160.00 per month $160.00 per month Taxes FEES FEES Properly Tnc Rn1e Rate .5 va uahon o f taxa e property .5 0 va uation o taxa e property Downtown Dunn Tax District .120/$100 valuation of taxable properly . 20/ 1Q0 valuation of taxable property Vehicle License Fee $30.00 $30.00 Yard Sale Perndt- Ihnil 31year $2.00 $2.00 § 11-253 - § 11-254 ddminisnnlive processing pert fee mifm' no more don 3 sneli permits lasting no more ihrn 2 consecutive days during any calendar pear. Fee Schedule nraR 4 5-27-2021 Budget 2022 DUNN ®_ DLIN ""i 'n UNN AII-America CAq n„,,,, Ali -America 6ily 1 I City Council a m or 1 1 ® Meeting Date--. June 8, 0 1 I484 * 2013 1989'k 2013 SUBJECT TITLE: Resolution by the City of Dunn to apply for financial assistance from USDA Presenter: James 0. Roberts Department: Finance Attachment; X Yes No Description: Request approval to apply for loan/grant from USDA Public Hearing Advertisement Date: 05/28/2021 PURPOSE: a) Public Hearing b) Decision: To adopt a resolution allowing the City of Dunn to apply for and accept loans and grants from the USDA for the purchase of police vehicles, equipment, and service trucks, 'SPECIAL NOTE: At the time of distribution, the paperwork was not finalized by the USDA. Once the resolution is finalized, it will be distributed to Council for approval. If it is not received by the June 8 meeting, Council will need to hold the Public Hearing and Table the Decision until a later meeting. BACKGROUND: This includes all equipment and vehicles planned for in the 2020/2021 budget year for police and water sewer departments. There are four vehicles for police made up of two administrative vehicles, one animal control truck, and one patrol vehicle. The total cost for these vehicles is $149,200. The vehicles and equipment for the Water/Sewer department are comprised of 4 trucks including two-2 wheel drive trucks and two-four wheel drive trucks, a four wheel drive utility tractor with loader, buckets, blades and a rotary cutter, and a Bobcat track loader with forestry kit and disc mulcher. The total cost of this purchase is $244,500. BUDGET IMPACT: Repayment funding is included in the 2021/2022 budget with first debt payments beginning in the 2022 year. RECOMMENDATION/ACTION REQUESTED: Motion to accept the loans and potential grants from the USDA to purchase the police vehicles and equipment and vehicles for the Water/Sewer department. Fauj-041DOHM Public notice is hereby given that the Dunn City Council will hold a public hearing on Tuesday, June 8 at 7:00 p.m. in Council Chambers located at the Dunn Municipal Building, 401 E Broad St, Dunn NC to receive comments pertaining to the proposed request from the City to the USDA for the purchase of: four police vehicles, made up of two administrative vehicles, one animal control truck, and one patrol vehicle; four trucks for water and sewer operations, two four-wheel drive and two two -wheel drive vehicles; a four-wheel drive utility tractor with loader, buckets, blades, and a rotary cutter; and a track loader with a forestry kit and disc mulcher. Funding for the proposed project will be through funding provided by USDA Rural Development. Immediately after the public meeting, the Council will discuss the proposed project. Persons wishing to be heard are invited to make written or oral comments. Tammy Williams, City Clerk Advertise: May 28, 2021 NN c t ` •UNN City Council Agenda Form Meeting Date: June Y 2021 SUBJECT TITLE: Consideration of Ordinance to Extend the Corporate Limits of the City c Voluntary Annexation Petition ANX-01-21, received Under G.S.160A-31; 1001 Susan Tart Rd and parcels on western margin of Bruce Drive Presenter: City Clerk Department: Admin Attachment: Public Head PURPOSE: X Yes Williams No Advertisement Date: 05-28-2021 Description: Public Hearing Notice, Ordinance and Map a) Public Hearing: Duly advertised on May 28, 2021. b) Decision: To approve an ordinance to extend the corporate limits of the City of Dunn by the voluntary contiguous annexation of +/-65.36 acres lot, owned by Susan Tart Property, LLC. The property is identified by the Harnett County Registry as PIN #1506-77-7440.000, 1506-88-2105.000 and 1506-88-1668.000. A portion of the property is already located within the city limits. A34 . :• W0 At the April meeting, the Council adopted a Resolution Directing the Clerk to Investigate a Voluntary Annexation Petition for ANX-01-21. The Clerk has certified the sufficiency of the petition and the Resolution fixing the date of the Public Hearing for June 8, 2021 was adopted at the May 11, 2021 Council meeting. BUDGETIMPACT: RECOMMEN DATIONIACTION REQUESTED: Motion to adopt an ordinance to extend the corporate limits of the City of Dunn by the voluntary Contiguous Annexation of +/-65.36 acres lot, owned by Susan Tart Property, LLC, PIN #1506-77-7440.000, 1506-88-2105.000 and 1506-88-1668.000. NOTICE OF PUBLIC HEARING ON REQUEST FOR ANNEXATION The public will take notice that the City Council of the City of Dunn has called a public hearing at 7:00 p.m. on the 8" day of June 2021, in Council Chambers at the Dunn Municipal Building, 401 E Broad St, Dunn NC on the question of annexing the following described territory, requested by petition filed pursuant to G.S. 160A-31: Property owned by Susan Tart Property, LLC 1001 Susan Tart Rd and parcels on western margin of Bruce Drive PIN Numbers 1506-77-7440.000, 1506-88-2105.000,1506-88-1668.000 (a metes and bounds description is available in the office of the City Clerk, Dunn Municipal Building, 401 E. Broad Street, Monday -Friday 8:00 a.m: 4:00 p.m.) Tammy Williams City Clerk 910-230-3500 Advertise: May 28, 2021 NOTICE OF PUBLIC HEARING ON REQUEST FOR ANNEXATION The public will take notice that the City Council of the City of Dunn has called a public hearing at 7:00 p.m. on the 81' day of June 2021, in Council Chambers at the Dunn Municipal Building, 401 E Broad St, Dunn NC or the question of annexing the following described territory, requested by petition filed pursuant to G.S. 160A-31: Property owned by Susan Tart Property, LLC 1001 Susan Tart Rd and parcels on western margin of Bruce Drive 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 88°49'40"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 Packets, 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. Tammy Williams City Clerk I city of dunn POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3500 ° FAX (910) 230-3590 www.dunn-ne.org AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF DUNN, NORTH CAROLINA Mayor Oscar N. Harris Mayor Pro Tern Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Twnage Dr, David L. Bradham City Manager Steven Neuscbafer 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 bcftd RII-AmeNea City 1 1 malere mmma maffers 1989*2013 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 00015'39"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 88°49'40"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 8th day of June, 2021. William P. Elmore Jr. Mayor Attest: Tammy Williams, CMC City Clerk 4- J 4- ro Z v U m U �+ a C W N u- c N � N p V t � C F � N M N � � N M 0 1.... N p N O 6 N N U � U O I S fo N_ Zf 0 O 0 co 0 U a G a�i Q O` p E ? M -.mom co) r' 1 m N UI � U C 3 O t0 m a c e n 0 � o 0 U N N @ N G .............. n cTi 'o o m v O U .c P m on m � w C7 3sn "IvD31 210=1 ION SUBJECT Presenter: Chief Attachment: DUNN �', p� a , ¢ a � ir � m !: Consideration of Ordinanc 601 E. Vance St. (PIN #: 1 Building Inspector Steven Ki fining and Inspections Yes ❑ No Public Hearing Advertisement Date: May 28, 2021 & June 1,2021 to deem property Unfit for Human Unfit for Human Habitation Ordinance Property History Pictures of Property a) Public Hearing: Consideration of Ordinance to deem property Unfit for Human Habitation —601 E. Vance St. (PIN #:1516-87-4274,000) The Public Hearing was advertised on May 28th, 2021 and June1, 2021. Purpose: Building Inspector, Dwayne Williams, has conducted an inspection at 601 E, Vance St. and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn's Minimum Housing Code. The Chief Building Inspector also found the property dangerous or prejudicial to the public health or public safety and is a nuisance in violation of N.C.G.S.§160A-193, The owner of the property has failed to comply with the Chief Building Inspector's order to bring the structure on the property into compliance with the City of Dunn Minimum Housing Code and pursuant to N.C,G.S. §160D-1203, the City Council has the authority to direct 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". If the owner of the property has not repaired, altered or improved the property to bring it into compliance with Chapter 4, Article VII 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 N.C.G.S. §160D-1203. b) Decision BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt the ordinance directing the Chief Building Inspector to post the property Unfit for Human Habitation at 601 E. Vance St. (PIN #: 1516-87-4274.000) LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160D, SECTION 601 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 P.M. ON JUNE 8, 2021 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED: PUBLIC HEARING: (1) A HEARING WAS HELD ON MARCH 24, 2021 IN REFERENCE TO THE STRUCTURE(S) LOCATED AT 809 N. LAYTON AVE. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160D —1119. AN ORDER WAS ALSO PLACED TO OWNER(S), DENISE BUTLER, TO REPAIR OR DEMOLISH SAID STRUCTURE(S). TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE STRUCTURE(S) REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2)' ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEM(S) SET FORTH ABOVE ARE REQUESTED TO BE PRESENT AT THE ABOVEMENTIONED TIME AND PLACE. STEVEN DING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: May 28"' and June 1", 2021 city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3505 ^ FAX (910) 230-9005 www.dtinn-nc.org • Tyreek Smith 4103 Winder HWY Chestnut MTN, GA 30502-2626 To Whom It May Concern: LOCATION OF STRUCTURE(S): 601 E. Vance St. (PIN #: 1516-87-4274.000) Mayor William 1'. Elmore, Jr. Mayor Pro Tern Dr. David L Bradhmn Council Members J. Wesley Sills April L. Gaulden Prank McLean Billy.Tarl Chuck Tumage City Manager Steven Neuschafer You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, June 8th, 2021 meeting at 7:00 pm at the City of Dunn Municipal Building, located at 401 E. Broad Street. Following the Public Hearing, the City Council will consider for decision, an ordinance to authorize the Chief Building Inspector to deem the property unfit for human habitation. This is the 27th day of May, 2021. Steven King Chief Building In ctor City of Dunn, NC IDUNN AIFA�eeeicaCitp r r a 10A9 {r 2013 north carolina UEt-)UNN city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 www.dunn-ne.org PROPERTY HISTORY: 601 E. Vance St. (PIN #: 1516-87-4274.000) [Ward 4] Owner: Icrystle L. Fredrick (Previous Owner) 578 Union Bethal Rd. Hampstead, NC 28443 Tyreelc Smith (New Owner) 4103 Winder HWY Chestnut MTN, GA 30502-2626 Overview: 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 November 19,2020 — Minimum Housing request for inspection that state failure to contact the Inspection Department to set up an inspection within a reasonable amount of time would result in the Inspection Department obtaining an Administrative Search Warrant in accordance with N.C.G.S.15-27.2 was mailed. January 13, 2021- Administrative Search Warrant was obtained and Minimum Housing inspection was performed. February 10, 2021- Inspection Survey Report and scheduled hearing letter was mailed to the property owner. February 22, 2021—Hearing scheduled at Planning and Inspections Department. Property owner didn't show for the hearing but was contacted later by phone. Ninety days letter was mailed to the property owner. March 3, 2021 — Ten (10) day time period for appeal expires. No appeal received. April 2021— Property sold to Tyreelc Smith. May 24111 2021— Allowed time period of ninety (90) days expires. May 25, 2021 - Phone conversation with Tyreek Smith. Mr. Smith hadn't been informed of the Minimum Housing Code violations at the property. He was emailed a copy of inspection report that was performed on January 13, 2021. May 27, 2021— Site visit to the property to see if any improvements have been made. House vacant and windows boarded up. Photos taken. June 8, 2021 — Scheduled for City Council Meeting. May 27,2021 January 13, 2021 north caroling JIUL)UNN city of dunn POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3500 a 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 Chock Tannage 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 Krystle 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, et 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 ten (10) day time period prescribed in Section 4-186 of the Dunn City Code such Order is therefore a final Order; and DUNN AI!-AmericaCi€y 1 w4ere ct MMUnL mditers 9ag�o, 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 unfit 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, 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 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 unlawfid 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 I misdemeanor pursuant to North Carolina General Statute § 16013-1203. 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. William P. Elmore, Jr. Mayor Attest: Tammy Williams, CMC City Clerk 5/12/2021 Harnett �C0UNTY NOW fAIMLINA 02161608540001 15164174274.000 u0003090 Harnett County Parcel Report PHnt this pega: Property Description: i IT 601 E VANCE ST 56X60 Acreage: 1.000 LT so ad Acreage: 0.08 so [Number; 1500041617 I SMITH TYREEK Address: 4103 WINDER HWY CHESTNUT MTN, GA 30502-2626 rerty Addresel 601 E VANCE ST DUNN, NC 28334 State, Zip: DUNN, NC, 28334 ding Count: 1 nshlp Code: 02 Tax District: Dunn Averasboro iing Value: $24630 iullding Value: $0 1 Value: $3000 :let Land Value : $0 t$27630 rred Value : $0 sed Value 1 $27630 Harnett County GIS Nolghborhood: 00202 Actual Year Built: 1929 TOtalAcutalAreaHeated: 704 Sg1FI Sale Month and Year: 412021 Sale Price: $0 Dead Book & Page: 3970.0810 Dead Dale: 1618790400000 Plat Book & Papa: Instrument Type: WD Vacant or improved: QuallfledCode: C Transfer or Split: T Within lint of Agrlcutture District: No Prior Building Value: $28460 Prior Outbullding Value: $0 Prior Land Value: $3000 Prior Special Lend Value : $0 Prior Deferred Value: $0 Prior Assessed Value: $31460 htfps://gis.harnetl.org/E911App/Parcels/ParceiReport,aspx7pin=1516-874274,000 1/1 11/17/2020 �--� Harnett C.0'UNTY NORI It tdROIiNA 1516.87-4274.000 Harnett County Parcel Report Prlrilthispage ' Property Description: 1 LT 601 E VANCE ST 5OX60 %creage: 1.000 LT on ,d Acreage: 0.08 ec Number: 1600011684 / FREDERICK KRYSTLE L Address: 817 W PEACHTREE ST NE STE 020 ATLANTA, OA 3030&1421 mrty Address: 001 E VANCE ST DUNN, NO 28334 State, Zip: DUNN, NO, 28334 ding Count: I nship Code: 02 Tax District: Dunn Avemsboro d Building Value; $24630 d Outbuilding Value: $0 it Lend Value: $3000 d Special Land Value: $0 Value: $27630 d Deterred Value : $0 Assessed Value: $27630 Harnett County GIS Neighborhood: 00202 Actual Year Built: 1929 TotalAculalArenifeated: 704 Sq/Ft Sala Month and Year: 312014 Sale Price: $0 Deed Book & Page: 3200-0191 Deed Dale: 1395187200000 Plat Book & Page: - Instrument Type: WD Vacant or Improved: DuallOedcoda: E Transfer or Spilh T Within tml of Agriculture District: No Prior Building Value: $28460 Prior Outbuilding Value: $0 Prior Land Value : $3000 Prior Special Land Value: $0 Prior Deferred Value: $0 Prior Assessed Value t $31460 gis.hameU.org/E911App/Parcels/ParcelReport.aspx?pin=1516-67-4274.000 1/1 I UNN a I)L1NN DLINN All-Ameelea 611y ,„ t, 1, < d � it" All-Amsriea city 1 i City Council a ®r , 1 1 ® Meeting Date® June $, 202 1989*2013 1989 2013 SUBJECT TITLE: Consideration of Ordinance to Demolish Structure(s) — 809 N. Layton Ave. PIN #:1517-60-8307.000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Description: Ordinance to Demolish Property Attachment: Yes ❑ No Property History Pictures of Property Public Hearing Advertisement Date: 05/28/2021 & 06/01 /2021 PURPOSE: a) Public Hearing: Consideration of Ordinance to Demolish Condemned Structure(s) — 809 N. Layton Ave. (PIN #: 1517-60-8307.000), The Public Hearing was advertised on May 28th, and June 15t. 2021. b) Purpose: Building Inspector Slater Johnson has conducted an inspection at 809 N. Layton Ave. and based upon his observations, the structures are unsafe and have been condemned in accordance with G.S. §160D-1117. The Building Inspector also found the structures dangerous or prejudicial to the public health or public safety and are a nuisance in violation of G.S. §160A- 193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. § 160D-1123, the City Council has the power to proceed with the demolition of this property. 1) Should Council decide to proceed ordinance (which is attached) woul BACKGROUND: BUDGETIMPACT: d RECOMMENDATION/ACTION REQUESTED: Motion to adopt the ordinance directing the Building Inspector to proceed with the demolition of the structures located at 809 N. Layton Ave. (PIN #: 1517-60-8307.000) LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160D, SECTION 601 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 P.M. ON JUNE 8, 2021 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED: PUBLIC HEARING: (1) (2) A HEARING WAS HELD ON FEBRUARY 24, 2021 IN REFERENCE TO THE STRUCTURE(S) LOCATED AT 601 E. VANCE ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN'S MINIMUM HOUSING CODE AND N.C.G.S. 160D-1203. AN ORDER WAS ALSO PLACED TO OWNER(S), KRYSTAL FREDRICK, TO REPAIR OR DEMOLISH SAID STRUCTURE. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE STRUCTURE(S) VACATED, CLOSED, AND DEEMED UNFIT FOR HUMAN HABITATION. ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEM(S) SET FORTH ABOVE ARE REQUESTED TO BE PRESENT AT THE ABOVEMENTIONED TIME AND PLACE. STEVEN ICING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: May 28th and June 1", 2021 ® north carolina UNN cite of d u n n PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 e FAX (910) 230-9005 www.dunn-nc.org Denise Butler PO Box 651 Dunn, NC 28335 To Whom It May Concern: LOCATION OF STRUCTURE(S): 809 N. Layton Ave. (PIN #: 1517-60-8307.000) Mayor William P. Elmore, Jr. Mayor Pro Tem Dr. David L Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Tannage City Manager Steven Nensehafer You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, June 8th, 2021 meeting at 7:00 pm at the City of Dunn Municipal Building, located at 401 E. Broad Street. Following the Public Hearing, the City Council will consider for decision, an ordinance to authorize the Chief Building Inspector to proceed with demolition of the property. This is the 27th day of May, 2021. Steven King Chief Building Inspector City of Dunn, NC DUNN bAd AIiAtnericaCitg ® !Lr maftrs ivxp*mes north carolina wi-L)UNN city of dune PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 0 DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 www.dunn-nc.org PROPERTY HISTORY: 809 N. Layton Ave. (PIN #: 1517-60-8307.000) [Ward 2] Owner: Denise Butler PO Box 651 Dunn, NC 28335 Overview: Mayor William P. Elmore, Jr. Mayor Pro Tern Dr. David L Bradham Council Members J. Wesley Sills April L. Gaulden Prank McLean Billy Tart Chuck Turnage City Manager Steven Neuschafer March 15, 2021— Condemnation Notice sent to property owners notifying them of hearing date of March 23rd, 2021. March 24, 2021— Hearing held at City of Dunn Planning and Inspections Department. Chief Building Inspector, Steven Ding and Denise Butler attended the hearing. March 25, 2021 — Notice after hearing sent to property owners notifying them of a sixty (60) day time period in which they had to repair or demolish the structures. A letter explaining the process to appeal the Building Inspector's decision within ten (10) days was also sent at this time. April 5, 2021— Appeal time period of ten (10) days expire. No appeal received. May 24, 2021— Original time period of sixty (60) days expire. May 28, 2021— Site visit performed to check the status of dwelling. No action has been taken to repair or secure the dwelling and no one has contacted the Inspection Department in reference to this dwelling. June 8, 2021— Scheduled for City Council meeting. February 12t". 2021 June 1st. 2021 I City of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 25335 (910) 230-3500 e FAX (910) 230-3590 www.dunn-nc.org Mayor William P. Elmore Jr. Mayor Pro Tern Dr. David I, Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tait Chuck Turnage 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 DU1° N All -America Clt 1 I Mhere cowtmznc" maffers 198q * 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 28t", 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 251h 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 Layton Ave. Dunn, NC 28334 PIN #: 1517-60-8307.000 PID #: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 25°i 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 mariner 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 81h day of June, 2021. William P. Elmore, Jr. Mayor Attest: Tammy Williams, CMC City Clerk 5/28/2021 Harnett County Parcel Report Harnett C 0 UN T_ Y NON11i CAROLiNA PID:02151607450009 PIN: 1517-60-8307.000 REID:0002142 Acreage: 1.000 IT ac ad Acreage: 0,26 ac Number: 214791000 BUTLER DENISE Print this page Property Description: LT DENISE BUTLER 78.65X 150 W2004-393 Address 1 PO BOX 651 DUNN, NC 28335-0000 rerty Address: 809 N LAYTON AVE DUNN, NC 28334 Stale, Zip: DUNN, NC, 28334 ding Count: 1 nship Code; 02 Tax District: Dunn Averasboro Building Value: $54550 Outbuilding Value : $1700 Land Value: $15000 Special Land Value : $0 alue : $71250 Deferred Value : $0 assessed Value ; $71250 Harnett County GIS Neighborhood: 00209 Actual Year Built: 1950 TolalAcutalAreaHeated: 1504.8 Sq/Ft Sale Month and Year: 2 / 2002 Sale Price: $0 Deed Book 8 Page: 1592-0140 Deed Date: 1014163200000 Plat Book & Page: 2004-393 Instrument Type: WD Vacant or Improved: QualifledCode: C Transfer or Split: T Within iml of Agriculture District: No Prior Building Value: $60940 Prior Outbuilding Value : $1700 Prior Land Value : $15000 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $77640 https:llgis.harnett.org/E9llApp/Parcels]Parce[Report.aspx?pin=1517-60-8307.000 1l1 DUNN cft _ DLINN All•AmericaCity i(, Ad"n, , All•AmericaCily 1 1 City Council Agenda `or 1 1111 ®Meeting Date: June 8, 2021 1989 * 2013 1989 * 2013 SUBJECT TITLE: Ordinance Amendment OA-01.21: Chapter 160D — Amendments to Chapters 2, 9,20 and 22 Presenter: George Adler, Planning Director Department: Planning & Inspections Attachment: X Yes No Description: Text of Ordinance Amendment and legal notice advertising such, including date of Public Hearing Public Hearing Advertisement Date: April 20th, April 27th, May 18th and May 25th, 2021 PURPOSE: a) Public Hearing: This is a request to amend the Dunn City Code to comply with Chapter 160D requirements of the North Carolina General Statutes. Amendments have been reviewed by the Planning Board in two parts. The public hearing is the opportunity for the Council to hear comments and opinions from the public for or against the request. The public hearing was duly advertised on April 20th, April 27th, May 18th and May 25th, 2021. b) Decision BACKGROUND: On Tuesday, April 27th, 2021 and May 25th, 2021 the City of Dunn Planning Board recommended unanimously that City Council approve this ordinance amendment as presented. As with all of the text amendments, the st lkgh is old text removed and the underlined is new text added. BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to adopt ordinance amendment OA-01-21 as presented. NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that a PUBLIC MEETING will be held by the CITY OF DUNN PLANNING BOARD on MAY 25, 2021 at 6:30 P.M. and a PUBLIC HEARING for the Conditional Zoning Application will be held by the CITY COUNCIL OF THE CITY OF DUNN on JUNE 8, 2021 at 7:00 P.M. in the COURTROOM of the DUNN MUNICIPAL BUILDING for the purpose of considering the following item: CONDITIONAL ZONING APPLICATION CZ-01-21 Lloyd Thomas Hamilton (Owner/Applicant) PIN# 1517-94-5277.000 This is a request to rezone one parcel .91 +/- acres located at 1989 US 301 North, Dunn, NC 28334. The property is currently zoned O&I, Office and Institutional and is proposed to be rezoned 1-10, Industrial Conditional Zoning District to allow Mini -storage. REZONING APPLICATION RZ-04-21 Carolina Land Group (Applicant) Dunn Enterprises, Inc. (Owner) PIN# 1527-31-1376.000 This is a request to rezone one parcel 72.4 acres +/- located off Jonesboro Road. The property is currently zoned R-10, Single Family Dwelling District and is proposed to be rezoned to RM, Multifamily Dwelling District. NOTICE IS HEREBY GIVEN that PUBLIC MEETINGS will be held by the CITY OF DUNN PLANNING BOARD on APRIL 27, 2021 at 6:30 P.M. and on May 25, 2021 and a PUBLIC HEARING will be held by the CITY COUNCIL OF THE CITY OF DUNN on June 8, 2021 at 7:00 P.M. in the COURTROOM of the DUNN MUNICIPAL BUILDING for the purpose of considering the following item: ORDINANCE AMENDMENT REQUEST OA-01-21 Chapters 20 & 22 and Chapters 2 & 9 of the City of Dunn Code of Ordinances This is a request to amend the Dunn City Code to comply with Chapter 160D requirements of the North Carolina General Statutes. Amendments will be reviewed by the Planning Board in two parts: Part A: April 27 at 6:30 pm: Chapter 20-Subdivision of Land and Chapter 22-Zoning; and Part B: May 25 at 6:30 pm: Chapter 2-Administration, Article IV. Boards, Commissions, and Committees and Chapter 9--Flood Damage Prevention. The PUBLIC HEARING for all these Ordinance Amendments (Parts A & B) will be held June 8, 2021 during the regularly scheduled City Council meeting. Special Public Hearing Info - Comments, not in -person, can be called in, delivered or emailed to the City Cleric by Monday, June 7, 2020, 1:00 p.m. to be read at the meeting during the Public Hearing. Must include name, address and the Public Hearing that the comments are in reference to. In -person access to the Council meeting will continue to be limited to allow for social distancing. Face Coverings are required by all in attendance. The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC page. Copies of the proposed items are available for review at the DEPARTMENT OF PLANNING during normal business hours Monday through Friday. Written comments may be addressed to: DUNN PLANNING DEPARTMENT P.O. BOX 1065 DUNN, NC 28335 ADVERTISE: May 18, 2021 May 25, 2021 Introduction What is Chapter 160D? Changes to Review Dunn City Code Chapter 20: Subdivision of Land Chapter 22: Zoning Chapter 9: Flood Damage Prevention Chapter 2: Administration Introduction What is Chapter 160D? Chapter 160D of the North Carolina General Statutes consolidates current city- and county -enabling statutes for development regulations into a single, unified chapter. While the new law does not make major policy changes or shifts in the authority granted local governments, it does provide clarifying amendments and consensus reforms that must be incorporated into local development regulations. All units of local government with zoning ordinances must update their ordinances to conform to Chapter 160D by June 30, 2021. Included in this notebook are the four chapters of the Dunn City Code that regulate land use in the City of Dunn and its Extra Territorial Jurisdiction (ETJ). The four chapters were presented for review to the Planning Board over two Planning Board meetings. The chapters for the first meeting are called Part A; those for the second meeting, Part B. Part A includes Chapter 20: Subdivision of Land and Chapter 22: Zoning. These chapters were reviewed by the Planning Board April 27, 2021. Part B includes Chapter 2: Administration and Chapter 9: Flood Damage Control. These chapters were reviewed by the Planning Board May 25, 2021. The Planning Board voted unanimously to recommendation adoption of the revisions at each meeting. Changes to Review Almost all changes are highlighted in red, but in some cases the color may be different. In all cases, language that needs to be removed is strue . Language that is new is underlined. The sole purpose for the color is to make it easier for the reader to see where the changes are. Only pages with at least one change on it are included in this packet. Almost all revisions are technical in nature. The authority local governments have comes from state legislation; hence, references to state enabling legislation are important. Most of the changes are of this nature. But not all. For example, incorporated in red and underlined are the new purpose statements for each of the zoning districts that the Planning Board recommended for adoption in September 2020. Also new are the Use Tables showing in table form the zoning districts where each use is permitted. There are also a few definitions that are new. The amendment that combined the Planning Board and the Board of Adjustment is also included. To highlight a few changes: 1) Special Use: The term "conditional use" is no longer used in 160D. Instead, the term used is "special use." Municipalities have frequently used "conditional use" and "special use" interchangeably, which created confusion at times. In 160D, only "special use" will be used to avoid that confusion. "Conditional zoning," however, is still used. Conditional zoning is a zoning map amendment that is applied to a specific parcel or parcels through a legislative process. In contrast, a special use permit is granted through a quasi-judicial process. 2) Conflict of Interest (160D-108): Conflict of interest standards have been broadened for the appointed boards and administrative staff. In order to promote public confidence in the integrity of the decision -making process, this provision (160D-109) clarifies that a planning board or other appointed board member may not vote on a recommendation regarding a rezoning directly affecting someone with whom the board member has a close relationship, even if no direct financial impact would result for the board member. This standard is already applicable to quasi-judicial decisions. While the rezoning process for individual parcels is legislative in nature, the potential conflict of interest and public perception of a potential conflict warrant extending this restriction to this particular Planning Board decision. 3) Vested rights and permit choice (160D-108): This section addresses how vested rights are determined and specifies the right of the developer to choose which code language will apply to a development when the ordinance is amended after a development permit has been issued but before work has begun. It also specifies the administrative process to be followed when a vested right is claimed. It provides that the person claiming either a statutory or common law vested right must gather the appropriate supporting information and submit it to the zoning administrator for a determination. That determination, as in other final, binding decisions of the zoning administrator, can be appealed to the board of adjustment and, thereafter, on to superior court. This process allows for an expeditious staff -level resolution of a vested rights claim while preserving the right to Board of Adjustment and court review if the staff determination is disputed. It also efficiently establishes a factual record regarding the foundation of the vested right being claimed. These are some of the changes found in the four chapters included in this binder. While there are many pages to look through, the changes made to conform to Chapter 160D are largely technical in nature. Substantive updates to the Dunn City Code land use chapters will be considered during the Comprehensive Plan process over the course of FY 2021/2022. CITY OF DUNN, NORTH CAROLINA ORDINANCE AMENDMENT OA-01-21 CHAPTER160D 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 81h day of June, 2021. William P. Elmore, Jr. Mayor ATTEST: Tammy Williams, CMC Clerk Chapter 22-ZONING01 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. 160A-361--at- . 160D-7021 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 ward "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 agricuRural uses such as farms ranches and vineyards that through promotion and advertising facilities and activities seeks to attract visitors quests 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. Bedroom means a private room planned and intended for sleeRincL separated from a€her rooms by a door. and accessible to a bathroom without crossino another bedroom. Budding means any structure used or intended for supporting or sheltering any use or occupancy. " later'-�y-eactaerior-wa?ts� ponstx ed-f ' aess:-irrs'�rstr , puler eaese ereto tc1 auagons dnngear ra i d s m ar st st nory e y evabSe. 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 a k�u t ' rttenkterao# des gn�d arrac}ged or used for ' e 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 cybercafes. 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 forth 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 E the State of North Carolina, particu 91-5 (Code 1974, § 25-2) Sec. 22-3. -Applicability of chapter. ad under the authority granted by the General Assembly of G.S. 160A.361-te 10A-392.160D-1021: 160D4-07916. to 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 QGtober 3, 4991 anuarV 1 2021, and which entire building is completed within one (1) year from such date. 1lelliing cenfairaed -in this-ctaapter-shalt-require--a soasfrusiior�or--desigaated-use-ef-a-building-te�which a-�uNding-permit-has-bean-heretoiare issued aad-wl7iah entire btu fd ng is completed-within--ene-(a)-yea . 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 anyway 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. 16013-404, which (Code 1974, § 25-8; Ord. No. 02010-13, 10-12-10) State Law reference— Remedies to prevent illegal actions relative to zoning, G.S. 1 6"�° 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 4rst-te4he-zeaing-a4ministra#;, aad4hat-such-questions-sha"e-presented44a the board of adjustment enly-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 appeals 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, § 25-20.1) Secs. 22-11-22-20. - Reserved. ARTICLE II. - AMENDMENTSu Footnotes: ---. (3) --- State Law reference— Amendment, modification, etc., of municipal zoning regulations generally, G.S. 46 5 4699442-1601D-108; 160D-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) 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 given in accordance with G.S. 160D-601-602pabgshed-eae-time;-ai-least seven (7) days prier-#e-the planning beard meeting at whieh sash pn3pesed shaage--er-amendrneat--wilt-be heard. 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.fer a-peried pr4e4e-th 4en4e4he-newspaper--netise: (c) If the proposed amendment is not initiated by the city or the landowner or the landowner's authorized agent, the applicant shall comply with the actual notice requirements of G.S. 160D-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-384160D-6021-602. (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, 2-7-08; 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-386160D-406 or 409 #&A f0 403=160D-705, the board conducting such auasi- �8 . it#ea so+�ment� a trname�aad- , es-to-aA-members- d st}ali a.,t-d;^^�y me.°ab�r�#-ikte #�oaa�' #rom-veting: (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 sinx(e-family dwelling and agricultural district permits single-family detached residential development in areas with minimum lot sizes of 40.000 s scare feet. Buffering is required to separate incoa[ areas. Sec. 22-70. - Principal 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 dwellings. Duplexes and Class A manufactured housing are also permitted with some restrictions. Buffering 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. L 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 R-10 single-family dwelling district applies in residential areas with minimum lot sizes of 10,000 square feet for single-family detached dwellings 6ufferina 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 sinle-family dwefl'€nx d'€€strict applies in residential areas with minimum lot sizes of 7,000 square feet for single -ramify detached dwei3inas Bufferin(s required to separate permitted but incompatible uses that enhance quality of rife. 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 t{wenty-f#eusand ,,OWfourteen thousand 14 000 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 5. - R-M MULTIFAMILY DWELLING DISTRICT The R-M multi -family dwelling d'€€strict apolies in resldential areas with minimum Eot sizes of 7,000 square feet for singe -family detached dweffings Buffering is required to separate perm€tted but incompatible uses that enhance quality of fife. 6ufldings that contain three or more dwelling units located one over another shall only be allowed wlthfn this district with a soecial unit permit approved by the gaverning board. v 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 intens'svely deveCooed district in the city permitting a wide variety of commercial uses and second floor residential in mixed -use buildings. Buffering is squired to separatepermitted 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 highway commercial district permits uses that depend on both a fame tfowv of traffic and convenient access such as aloni- maior collector, and subcollector streets as designated by the clty's thoroughfare plan Buffering is required to separate permitted but incompatible uses that enhance guality of Rife. 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 neishborhood commercial district permits commercial uses that enhance the quality of life of surround'[na residential neiahborhoods Though these commercial uses' service areas may extend more broadly than the surroundlna neiahborhoad, the traffic and na€se generated wi[I be limited. Buffering is re #aired to separate permitted but incompatib€e uses that enhance quality of Fife. 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. - 0 & I OFFICE AND INSTITUTIONAL DISTRICT The 0 & I office and institutional district permits medium intensity office and institutional land use and functions as a buffer between districts which may conflict with one another. Generally these areas have water and sewer mains that either exist at the site or are to be made available during the development process. Vehicu6ar access must consist of direct ingress and egress to a public road classified as either arterial or collector as desdgnaYed by the city's thoroughfare plan. Buffering is required Yo separate prermitted but incompatible uses that enhance ouaEity of Eife. Sec. 22-201. - Principal permitted uses. The following uses shall be permitted within the, 0 & 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. 02004-05, 3-4-04; Ord. No. 02009-18, 12-8-09) Sec. 22-203. - Dimensional requirements. (a) The following dimensional requirements shall apply within the, O & 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 1-10 restricted industrial dPstrict permits high -quality Industrial I�ghk manufaeturin, whoEesa4ina and warehousing operations that meet the performance standards bulk controfs, and other requirements contained in this ordinance. &offering as required to separate permitted but incompatible uses that enhance 2uailty 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 warehousing operations permitted in I-10 limited industrial district 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 processEng that would otherwise be prohibited. Buffering_ is required to separate _permitted but incompatible uses that enhanceguafitu of €ife. 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. 02004-05, 3-4-04; 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 conditional 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 cor}diiienal special 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 seaditiena{ 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 oond4iena1 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 130B 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 be 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 (Yz) 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 h4r, the zonlno 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 ooeration, to inc@ude €Rumination of the sign if aoplicable. 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 sign is illuminated by more than one source. including but not limited to multiple interior light 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 business 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 (50) 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. - °ems^ 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-s Sions may project mara4ha4'4 twefve4424 up to thirty-six f361 inches from the building wall provided the method used to secure the sloe to the buiEding wail is engineered fo 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 sever (} eight L8 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 twetve4 2-) 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. 1. 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. 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, 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. iii. 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 twelv9-4* thiriy-six (36} 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 eeven4 7y e l-L81 feet 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 maybe 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 conditienai 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.122-343. - 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 (1/2) of the parking space required for churches, theaters, or assembly halls, whose peak attendance will be at night or on Sundays, may be assigned to a use which will be closed at 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 (2 1 > 951 feet 13 Generally outparcels will not be allowed to have a separate road access; Indoor storage/warehousing/vehicle service/manufacturing area • 1-3,000 square feet I 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 I Required Number of Berths r -_ - -- 25,000-40,000 40,000-100,000 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 RiGHT171 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. 160D-108. 442i— 190 c1 pursuant-te-whicb a-sta#t�tary-zoning-vested-rig#t is-esfabiish f-a-site�spesi#is devetopmsnt-plar} (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 zonim 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. 160D-108 4 108{� 4o 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. The city shall not require a landowner to waive vested rights_as a condition of a site snecific develooment 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. 4,9� 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. # . 160D 1028. 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. 468A- 1699-: (c} and the revocation provisions of G.S. ;z i6©D-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. (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 pubRe 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; (5) Upon findings by the city council, by ordinance after notice and an evidentiary 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 evidentlary hearing. (Ord. No. 1991-005, § 6, 9-5-91) Sec. 22-397 — Statutory ar Common Law Vested Right. A person clairnina a statutory or Gammon law vested right may submit information to substantiate that Clair s to the zoning administrator who shalf 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-68.1 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. 4-60A-395.4 160D-1028 or-G 0,�A S3T °�^4 . A statement that declares that no zoning vested right has been established under G.S. 460A-S8 160D-102-8 er_G< 453A-344:4, 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, 9-5-9 1) Sec. 22-3999. - 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- 85-1 16OD-1028. (Ord. No. 1991-005, § 8, 9-5-91) Sec. 22-389400. - Repealer. In the event that G.S. 46GA-385 4 160D-1028 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 9siotael-9#,Ja^e'-,9. �02v January 1, 2021, and shall only apply to site -specific development plans approved on or after Juno {-,�. *20 January 1. 2021. (Ord. No. 1991-005, § 10, 9-5-91) Secs. 22-4012-22-440. - 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.-Tempo raryfaciIities 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. - C84` SPECIAL USES DIVISION 1. - GENERALLY Sec. 22-461. - Enumerated by district. The following eerndit enaf 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; 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. !it. 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. AI. 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 eanditiena' 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: 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 send ieoat soecial 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 cendit+anat soecial uses: The following accessory oendl' 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 GGn4it!" 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 coadi4enal special uses except single-family dwellings: i. Depth of front yard: Thirty (30) feet. it. 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 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 Gendit+onal 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. (12) 1-10 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 eonditional 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. xi. 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. #1), 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 oond4lenal soecial use. (Code 1974, § 25-112) Secs. 22-463-22-480. - Reserved. DIVISION 2. - PERMIT Sec. 22-481. -Generally. For uses listed as conditlenal 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 son"enal 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 send4ler4 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 can ` ` s ecial 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 cenditienai soecial 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+ttena4 soecial use permit following the public hearing. (b) Written findings to accompany grant. In granting a eenditional 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 conditienal 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 senditional 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 cenditlonat 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 oanditfanat 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 conditional 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 seoditioRa4 special 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 sondit+oaal 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 ADJUSTMENTIM 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 XI, §§ 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 at seq. State Law reference— Board of adjustment, G.S. 169 160D-3022; extraterritorial representation, G.S. 49 160D-307. Sec. 22-551. - General. (a) Authority. A board of adjustment is hereby established pursuant to North Carolina General Statutes 8 160D-302 with Extra Territorial Jurisdiction representation under North Carolina General Statutes 1-€ 62 160D-307 to exercise the powers and duties prescribed herein and as prescribed by No h Ca olina Genera[ Statufe Chapter 160D. (b) Membership. The board of adjustment hereafter called the board, shall consist of the same persons e Chapter 160D All members shall be citizens and residents of the City of and shall be appointed by the city council, except extraterritorial members appointed r ursuant U 2-108. Representation from the adopted extraterritorial jurisdiction shall be as provided in NPIPM WE NNW, (c) Terms. The term of Members shall be the same as the appointed for--a-term for service on the Planning Board pursuant to Sec. 2-108, oi-thFee-(3} ea exsopt de-r2-ap{�einted-eF their-;e^.p;�^c:;� ,'^-sL�aa14-be-a{�pols�ted-fc. -�2 t#ree-(3`r-,^.,�",tb."�E�all-be-ro�,Fu, ;'mod c• th.,ir-r ee-+r-appo+ate }-years: Susses^^�naA-be-appe}sated `�h�^e-year-teafni�nefas-ecsurtin t-of t# ed teFase,-faF-seasons-oik�er-tfraa�-ox{�sFa#to„^�°, �ermR, chaf4-be-f+ked-a�ff�ey-occur-#or-- (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. 16OA-393 -di 16 -40B (a) 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. Chapter Subdivision Land 41C Chapter 20 - SUBDIVISION OF LANDW 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, GGS 160D-801-16OD-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. 4 60A-374. 160D-801 (Code 1974, § 21-3) Sec. 20-4. -Jurisdiction of chapter. On and after July 6, 1995JTril, 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 ted subdivision regulations shall be affected in any way by the enactment of this chapter. �ny (Code 1974, § 21-5; Amend. of7-6-95) 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 edits 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. Dedicd tion 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 transportation 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. (5) 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 19 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 dedicationlof 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, GAfter July'6, 1995JTP3], 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 1 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. t urthew slat ans #�Lbe sttbjest open se+wisNen,-to f(na (Code 1974, § 21-12; Amend. of 7-6-95) Secs. 20-13-20-40. - Reserved. ARTICLE II. - PLATSu Footnotes: --- (3) --- State Law reference— Plat approval regulations for subdivision ordinances, G.S. 3 ` . 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 (15) 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 (171/2) 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. . 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. (e) No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this chapter or in the proceeds of any such performance guarantee other than the following: (1) The city. (2) The developer at 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. 02009-0816-9-09) 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 Flood Damag Prevention E Chapter 9 - FLOOD DAMAGE PREVENTIONv 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. 46.160D-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; Article 6 of Chapter 160A of the North Carolina General Statutes -?and Article 9 of Chapter 960D, delegated to local governmental the responsibility units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. These s are preserved In Par.142, Privirprimprital -pulaflons of Chapter 4601) at a 609-02G- County. The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts ter 153A. and P,.a 121 Article 6 of Chapter 153A?and Article 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 velocities vulnerable to floods or other hazards. (Ord. No. 02006-06, Art. 1, § B, 9-7-06) Sec. 9-3. - Statement of purpose. 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: (b) Actions in event of failure to take corrective action. If the owner of a building or property shall fail to take prompt corrective action, the floodplain administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating: (1) That the building or property is in violation of this chapter; (2) That a hearing will be held before the floodplain administrator at a designated place and time, not later than 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 pursuant 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 2 ch 7ANorth 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 Il, 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; Q) A variance may be issued for solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas provided that all of the following conditions are met. (1) The use serves a critical need in the community. (2) No feasible location exists for the use outside the special flood hazard area. (3) The reference level of any structure is elevated or floodproofed to at least the regulatory flood protection elevation. (4) The use complies with all other applicable federal, state and local laws. (5) The city has notified the secretary of the state department of crime control and public safety of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance. (Ord. No. 02006-06, Art. 4, § E, 9-7-06) Secs. 9-51-9-60. - Reserved. ARTICLE V. - PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 9-61. - General standards. In all special flood hazard areas the following provisions are required: (1) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure. (2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (3) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages. (4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerators, freezers, etc.), hot water heaters, and electric outlets/switches. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters. (7) On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (8) Any alteration, repair, reconstruction, or improvements to a structure, which is are in compliance with the provisions of this chapter, shall meet the requirements of "new construction" as contained in this chapter. (9) Nothing in this chapter shall prevent the repair, reconstruction, or replacement of a building or structure existing on October 3, 2006 and located totally or partially within the floodway, non - encroachment area, or stream setback, provided there is no additional encroachment below the regulatory flood protection elevation in the floodway, non -encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this chapter. h a p t e �dministra r2 tion ARTICLE IV. - BOARDS, COMMISSIONS, AND COMMITTEESU 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 BOARDM Footnotes: --- (7) --- Cross reference— Subdivision of land, Ch. 20; zoning, Ch. 22. State Law reference— Creation and duties of municipal planning agency. G.S.. 46DA-361 16OD-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— Extraterritorial representation on plarming 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 after receiving notice of a vacancy, the council may make the appointment, jtre:tIThe extraterritorial member(s) may exercise all the powers and duties whether the matter at issue arises within the city or within the extraterritorial area. years -the r-suseessers shal4 be appeinted-tG#t ee-yea4ern4s-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. be ti duty of planning eo s e an understanding of past trends, preselt GOnditions, and x (2) P?-par n froro4i.,-_ We « a Ana �^Aa . __ tiz d^^ordaated f�.+tin „S ,..,i ao , e « «h ^^To facilitateand „coordinate citizen engagement and participation in the planning process; Establish s a,.r guiding r•, « «t n development f «he areaTo develop and recommend policies ordinances development regulations administrative procedures and other means for caning out plans in a coordinated and efficient manner; (4) (5) (6) n t��....,,.. ..hetheF-speo,f,"s proposed oprnents--cenfer,m to he—prias(ples—and requir�f# ot-G«" feaTo exercise any functions in the administration and enforcement of various means for carrying out plans the city council maV direct; (7) Rerfo,,,,rm arry-o�e Wtrr_�4y-fie :g^ed to +tTo perform any other related duties that the city council may direct. (Code 1974, § 2-17) State Law reference— Powers and duties of planning agency, G.S.. 169A-361- 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 - 160D-701, et seq. 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 Regulation - 160D-801, et sexy 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 reference— Subdivision of land, Ch. 20. Sec. 2-115. - Public structures and facilities. ITe31mapped 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; Tet�Fisri9lesanomic-deveSoprrter;�d+rester; Flood plain administrator; Chief building official; Gtlief-of pence; Ghie€-fire o#€icial. 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 cha#nan chairperson 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 person to serve in the absence of the cftaifroan chairperson. (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 rights - of -way. (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 chairperson at the meeting. (Ord. No. 02003-13, 12-10-03) State Law reference--- Conflicts of Interest - 160D-109 DIVISION 4. - PkSEFALELOM Conflicts of Interest 2-124. �^ offlc eft i des rrmj (a) City Council A city council member shall not vote on any legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct substantial and readily identifiable financial impact on the member. A city council member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business or other associational relationship. see State law reference NC G. S. Chapter 16OD-109 Footnotes: UNN 6 rolinn bcftd UNN DUNN bcftd All•AmericaSli ,w „<,1„1,„ All•America6lty 1 1 Council Agenda or 1 1 ® Meeting Date.- e .- Junk , 20 Y 1989'� 2013 1989 * 2013 SUBJECT TITLE: CZ-01-21: rezoning parcel from 0-I, Office & Institutional District to 1.10 Industrial Conditional Zoning District Presenter: George Adler Department: Planning Department • Attachment: x Yes No Description: Conditional zoning request application, staff — report, and other pertinent information. Public Hearing Advertisement Date: May 18th and May 25th, 2021 PURPOSE: a) Public Hearing: This is a request to rezone a parcel of land currently zoned 0-I, Office & Institutional District. The request is to rezone this parcel to 1-10, Industrial Conditional Zoning District. This property is .91 acres +l- and is located at 1989 US 301 North. (PIN 1517-94-5277.000), This conditional zoning will permit Mini -storage, Attached you will find a staff report from the City Planner and other pertinent information for your review. b) Decision BACKGROUND: The rezoning request was advertised May 18th and May 25th, 2021 in the Daily Record. At the Dunn Planning Board meeting May 251h, the Planning Board unanimously recommended approval of this conditional zoning request. BUDGET IMPACT: None. CITY PLANNER'S RECOMMENDATION OR COMMENTS: Motion to (approve) or (deny) the request for a conditional zoning at 1989 US 301 North (PIN #1517-94- 5277.000) from 0-I, Office & Institution District to 1-10, Industrial Conditional Zoning District. If the Conditional zoning is approved, please use the following justification or amend as needed in your motion: 1. The amendment, if small scale, is reasonable based upon surrounding conditions. REASONING: The rezoning request is small-scale and reasonable based on surrounding conditions. The conditional zoning for mini -storage will require a 6-foot blind fence around the site, with landscaped buffering. (Continued) 2. The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding property owners will be reasonable. The current building on the parcel will be renovated for conditioned space storage. There is currently no location in Dunn that offers self -storage in temperature -controlled space. The conditional zoning will allow future self -storage in additional structures. Traffic should not noticeably increase with self -storage. 3. The amendment is warranted due to changed or changing conditions in the area. REASONING: After many years of little population growth, Dunn is on the verge of experiencing an influx of new housing options. Rezoning this parcel to 1-10 Industrial Conditional zoning to allow self -storage is a needed service and is in keeping with the changing times. 4. The amendment achieves the purpose and is consistent with the Land Use Plan. REASONING: Rezoning from 0&1 to 1-10 Conditional Zoning District to allow mini -storage is not greatly increasing the intensity of development anticipated by the 2030 Land Use Map on this corridor. This strategic rezoning intends to achieve the purposes of good planning. NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that a PUBLIC MEETING will be held by the CITY OF DUNN PLANNING BOARD on MAY 25, 2021 at 6:30 P.M. and a PUBLIC HEARING for the Conditional Zoning Application will be held by the CITY COUNCIL OF THE CITY OF DUNN on JUNE 8, 2021 at 7:00 P.M. in the COURTROOM of the DUNN MUNICIPAL BUILDING for the purpose of considering the following item: CONDITIONAL ZONING APPLICATION CZ-01-21 Lloyd Thomas Hamilton (Owner/Applicant) PIN# 1517-94-5277.000 This is a request to rezone one parcel .91 +/- acres located at 1989 US 301 North, Dunn, NC 28334. The property is currently zoned O&I, Office and Institutional and is proposed to be rezoned 1-10, Industrial Conditional Zoning District to allow Mini -storage. REZONING APPLICATION RZ-04-21 Carolina Land Group (Applicant) Dunn Enterprises, Inc. (Owner) PIN# 1527-31-1376.000 This is a request to rezone one parcel 72.4 acres +/- located off Jonesboro Road. The property is currently zoned R-10, Single Family Dwelling District and is proposed to be rezoned to RIM, Multifamily Dwelling District. NOTICE IS HEREBY GIVEN that PUBLIC MEETINGS will be held by the CITY OF DUNN PLANNING BOARD on APRIL 27, 2021 at 6:30 P.M. and on May 25, 2021 and a PUBLIC HEARING will be held by the CITY COUNCIL OF THE CITY OF DUNN on June 8, 2021 at 7:00 P.M. in the COURTROOM of the DUNN MUNICIPAL BUILDING for the purpose of considering the following item: ORDINANCE AMENDMENT REQUEST OA-01-21 Chapters 20 & 22 and Chapters 2 & 9 of the City of Dunn Code of Ordinances This is a request to amend the Dunn City Code to comply with Chapter 160D requirements of the North Carolina General Statutes. Amendments will be reviewed by the Planning Board in two parts: Part A: April 27 at 6:30 pm: Chapter 20-Subdivision of Land and Chapter 22-Zoning; and Part 8: May 25 at 6:30 pm: Chapter 2-Administration, Article IV. Boards, Commissions, and Committees and Chapter 9--Flood Damage Prevention, The PUBLIC HEARING for all these Ordinance Amendments (Parts A & B) will be held June 8, 2021 during the regularly scheduled City Council meeting. Special Public Hearing Info - Comments, not in -person, can be called in, delivered or emailed to the City Cleric by Monday, June 7, 2020, 1:00 p.m. to be read at the meeting during the Public Hearing. Must include name, address and the Public Hearing that the comments are in reference to. In -person access to the Council meeting will continue to be limited to allow for social distancing. Face Coverings are required by all in attendance. The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC page. Copies of the proposed items are available for review at the DEPARTMENT OF PLANNING during normal business hours Monday through Friday. Written comments may be addressed to: DUNN PLANNING DEPARTMENT P.O. BOX 1065 DUNN, NC 28335 ADVERTISE: May 18, 2021 May 25, 2021 1 STAFF REPORT Case: CZ-01-21 George Adler, Planning Director gadler@dunn-nc.org Phone: (910) 230-3505 Fax: (910) 230-9005 ® north caroling WJ--DUNN city of dunn Planning Board Meeting: May 25, 2021 City Council Meeting: June 8, 2021 Requesting rezoning from: O&I, Office & Institutional District: to 1-10 Industrial District —Conditional Zoning Applicant Information Owner of Record: Name: Lloyd Thomas Hamilton Address: 2021 US 301 N City/State/Zip: Dunn, NC 28334 Property Description PIN (s): 1517-94-5277.000 Acreage: 0.91+/-acres Address: 1989 US 301 N, Dunn, NC 28334 Applicant: Name: Lloyd Thomas Hamilton Address: PO Box 667 City/State/Zip: Dunn, INC 28335 This parcel is on US 301 North, approximately .75 miles north of West Barrington Street. There is a vacant office building on the parcel. The lot behind the parcel seeking rezoning is a flag lot with a paved drive giving the parcel access to US 301 North. This driveway separates the parcel seeking rezoning from the commercially zoned parcel to the north. All three parcels are currently under one ownership. Vicinity Map Page 1 of 5 STAFF REPORT Physical Characteristics Map See Attachments 3 and 4 for photos of the area. Physical Characteristics Description The current improvements on the subject parcel include a building and parking lot. The parcel across 301 is currently used as a church On the west side of 301 adjacent to the north is the driveway to the flag lot in back with a residential house and woods Adjacent to that driveway is a commercial building and paved parking. Adjacent on the west side of 301 to the south is a residential house. The uses along 301 North are a mix of residential industrial and commercial with some office. Most of the land east of 301 North to the railroad which runs parallel to it is zoned industrial Current uses are predominantly industry and agriculture At the present time the ultimate shape of development along 301 North remains unclear, though it is likely that along the road itself uses will tend toward industrial and commercial as population growth increases traffic north and south along this corridor. Services Available Water: ✓ Public (City of Dunn) ® Private (Well) ® Other: Unverified Sewer: ✓ Public (City of Dunn) ❑ Private (Septic Tank) ❑ Other: Unverified CitV of Dunn water and sewer are both available to the site in question. Transportation US 301 is an important route into and out of Dunn from the north The NCDOT Annual Average Daily Traffic (AADT) count in 2019 on US 301 near Candy Kitchen Road was 6 400• at Barrington Street the AADT count was 9,000. Page 2 of 5 STAFF REPORT Zoning District Compatibility See Attachment 1. The following is a summary list of general uses, for actual permitted uses refer to the Zoning Ordinance. Permitted uses Oi CZD Banks & Credit Unions Churches A!A Government buildings & uses Medical offices/clinics Offices X Professional medical - F' complex r p Public Utilities X Indoor storage X c A Land Use Classification Compatibility See Attachment 5. 2030 Land Use Map ll[1 n n Harnett County North Carolina Future Land Use 2030 Future Land Use Map The Future Land Use Map shows the US 301 North corridor north of Candy Kitchen Road to be industrial between 301 and the railroad and a mix of residential and commercial west of 301. The map was created in 2005. The proposed conditional zoning district, within the red circle, will limit the new 1-10 zoning to mini -storage, which will not significantly change the slightly more intensive development along the west side if 301. Page 3 of 5 STAFF REPORT Evaluation ✓ Yes ❑ No The amendment, if small scale, is reasonable based upon surrounding conditions. REASONING: The rezoning request is small-scale and reasonable based on surrounding conditions The conditional zoning for mini -storage will require a 6-foot blind fence around the site, with landscaped buffering. ✓ Yes ❑ No The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding property owners will be reasonable. The current building on the parcel will be used retrofitted for conditioned space storage. There is currently no location in Dunn that offers self -storage in conditioned space. The conditional zoning will allow future self -storage in additional structures. Traffic should not noticeably increase with self -storage. ✓ Yes ❑ No The amendment is warranted due to changed or changing conditions in the area. REASONING: After many years of stagnant population growth, Dunn is on the verge of experiencing an influx of new housing options Conditional zoning for self -storage is a needed service and is in keeping with the changing times. ✓ Yes ❑ No The amendment achieves the purpose and is consistent with the Land Use Plan. REASONING: Rezoning from 0&1 to 1-10 Conditional Zoning District to allow mini -storage is not greatly increasing the intensity of development on this corridor anticipated by the 2030 Land Use Map developed in 2005 This strategic rezoning intends to achieve the purposes of good planning. Suggested Statement -of -Consistency (Staff concludes that... This I-10 Conditional zoningthat limits the use of this parcel to mini -storage will be consistent with the intensity proposed in the Future Land Use Map completed in 2005 As the Development Nodes Map shows (Attachment 5) the future proposed 421 Bypass is planned to pass just north of this location The intensity of mini -storage is consistent with future development and roadway plans for this area of the city. Site Photographs See Attachments 3 and 4 for photos of the area. Page 4 of 5 STAFF REPORT Traditional Standards of Review and Worksheet The Planning Board shall consider and make recommendations to the City Council concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: ❑ Yes ❑ No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. ❑ Yes ❑ No B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. ❑ Yes ❑ No C. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) ❑ Yes ❑ No D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. ❑ Yes ❑ No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. ❑ GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above finding of fact A-E being found in the affirmative and that the rezoning advances the public interest. ❑ DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: ❑ The proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. ❑ There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. ❑ There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) ❑ There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. ❑ The proposed change is not in accordance with the comprehensive plan and sound planning practices. ❑ The proposed change was not found to be reasonable for a small scale rezoning. Page 5 of 5 STAFF REPORT 2-1 ,u �o I I U r Ln v s v m m � / / � 5 E 2 / � k U ° g c / o 06 k O R / M w_ / ® k O ®' LL ? k// \ \ \ A F k ® o / m % q E R / o / 3 a / q/ a $ E \ k ± ® [ ¥ k 2 $ ood 0 a k _ a § 'm n a 2 k Eo \ m h/ƒ 4 _e § o ƒ e § / co•Q % / U) / 2 c U) (D r > .0 m w b 2 - 0 \ - _ ° Jo \ � E \ 0 0 .c 7' 0 co/ �x \ ) CL \ &� k ° \ f « k d o ] A g ® 7 f ) \ § % ) 0 \ tm ( / C g a a \ Lu . � e m >� e 0 M _ w k § 2 m 2 \ o co) e C m K § ® R _ 2 — o��. 4-1 \ . \ k § ■ � / > o o r Al D . 'N n G- S n CityCouncil i y 'j �� ✓ 3 'l 1 b w Agenda ,y � y r Meeting Date: June 8, 2021 Presenter: Chief Clark White p• Po X Yes No TOT^^ Description: Proposal and -Fact Sheet 1 HearingAttachment: Public AdMa r1l PURPOSE: To authorize the Police Department to file an application for the COPS Hiring Program Grant through the US Dept. of Justice, Office of Community Oriented Policing Services. The grant will cover the cost of salary and benefits up to 75 percent of the entry-level salary and fringe benefits for each approved position for a three-year period with the city's match being 25%. This grant would allow the Police Department to add two new positions to supplement the Community Enhancement Team and Narcotics Division. This increase of staff will help us increase efficiency in community engagement through efforts such as bicycle patrols, increased visibility in high crime areas and participation in neighborhood watch programs. The officers will focus on street level drug crimes, gang suppression and assist in answering community complaints involving drug sales, drug use or other community concerns. BACKGROUND: The City has recently seen an increase in violent crime, street level drug crimes and gang participation and recruitment. These issues require both increased law enforcement presence and community engagement. BUDGET IMPACT: The City of Dunn will be required to meet the match for salary and benefits as follows: COPS Grant up to 75% City of Dunn 25% RECOMMENDATIONIACTION REQUESTED: Motion to authorize the Dunn Police Department to apply for the COPS Hiring Program Grant for 2021. CLARK A. WHITE CHIEF OF POLICE 401 EAST BROAD STREET DUNN, NORTH CAROLINA 28334 (910) 230-3540 (OFFICE) (910) 230-3592 (FAY) May 18, 2021 COPS Hiring Program Proposal Goal: To add two new positions to supplement the Community Enhancement Team and Narcotics Division. These positions will increase efficiency in a wide range of areas to include a higher level of community engagement through efforts such as bicycle,, patrols, increased visibility in high crime areas and participation in neighborhood watch programs. They will; focus on street level drug crimes, gang suppression and assist in answering community complaints involving drug sales, drug use or other community concerns. Why: The City of Dunn has seen an increase in violent crime, street level drug crimes and gang participationand recruitment. These issues require both increased law enforcement presence and community engagement. Through a partnership with the community, we believe we can help monitor and address these issues before they negatively impact the community. Cost: The COPS Hiring Program is a grant which provides up to 75 percent of the entry-level salary and fringe benefits for each approved position for a three-year period. There is a minimum 25 percent local cash match (cost share) requirement. The maximum federal share per officer position is $125,000 over the three-year period. Agencies must retain each CHP-funded position for 12 months following the three-year funding for that position. U.S. Department of Justice - Office of Community Oriented Policing Services �'*•�•' COPS Fact Sheet ElmCommunity0dented Policing Services US. Department otJustice Strengthening Community Policing by Hiring Officers The FY 2021 COPS Hiring Program (CHP) is designed to advance public safety through community policing by addressing the full-time sworn officer needs of state, local, and tribal law enforcement agencies nationwide. CHP provides funds directly to law enforcement agencies to hire new or rehire additional career law enforcement officers and to increase their community policing capacity and crime -prevention efforts. The FY 2021 CHP award program is an open solicitation. All local, state, and tribal law enforcement agencies that have pri- mary law enforcement authority are eligible to apply. All awards are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by law. WHEN: Deadline for first part of application in Grants.gov is June 15, 2021, at 7:59 p.m. ET. Deadline for completed application in JustGrants is June 22, 2021, at 7:59 p.m. ET. Start EARLY. This is more than a one -day process. WHERE: I. Register at www.grants.gov. 2. Complete the application in https:Hiusticegrants. usdoi.gov. How: Online only. No hard copies sent by U.S. Mail or electronic copies sent via email. Supporting Local Law Enforcement in Advancing Community Policing so Communities canThrive More than 25 years after its establishment by the Vio- lent Crime Control and Law Enforcement Act of 1994, the COPS Office continues to support the efforts of law enforcement agencies across the country to develop creative and innovative ways to meet long-standing challenges in their communities. To date, the COPS Office has funded the addition of more than 13,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of more than 134,000 officers. COPS Office hiring programs like CHP assist law enforce- ment agencies in advancing public safety by enhancing their community policing efforts. In a changing economic climate, these programs help state, local, and tribal law enforcement agencies maintain sufficient sworn personnel levels to keep their communities safe. Funding Provisions FY 2021 CHP awards will provide up to 75 percent of the entry-level salary and fringe benefits for each approved posi- tion for a three-year period. There is a minimum 25 percent local cash match (cost share) requirement unless a waiver is May 2021 2021 COPS Hiring Program 2 approved. The maximum federal share per officer position is $125,000 over the three-year period unless a local match waiver is approved. Any additional costs for higher than entry-level salaries and fringe benefits will be the responsibil- ity of the recipient agency. Funding under this program will support three years of officer or deputy salaries within a five-year period of performance to accommodate the training and recruitment time frame. Agen- cies must retain each CHP-funded position for 12 months following the three-year funding for that position. The additional officer positions should be added to your agency's law enforcement budget with state or local funds (or both) over and above the number of locally funded officer posi- tions that would have existed in the absence of the award. Absorbing CHP-funded positions through attrition (rather than adding the extra positions to your budget with additional funding) does not meet the retention requirement. Funding under this program may be used to do the follow- ing: (1) hire new officers (including filling existing officer vacancies that are no longer funded in an agency's budget); (2) rehire officers already laid off (at the time of application) as a result of state, local, or Bureau of Indian Affairs (BIA) budget reductions unrelated to the receipt of award fund- ing; or (3) rehire officers scheduled to be laid off (at the time of application) on a specific future date as a result of state, local, or BIA budget reductions unrelated to the receipt of award funding. CHP applicants may request funding in one or more of these three hiring categories. In FY 2021, agencies may request the number of officer positions necessary to support their proposed community policing strategy. Please keep in mind that there is a mini- mum 25 percent local cash match and a 12-month retention period for each officer position funded. The COPS Office will fund as many positions as possible for successful appli- cants; however, the number of officer positions requested by an agency may be reduced based on the availability of fund- ing and other programmatic considerations. The COPS Office may grant a waiver of some or all of an applicant's local match requirement During the application review process, waiver requests will be evaluated based on a demonstration of severe fiscal distress. The COPS Office statutory nonsupplanting requirement mandates that CHP funds must be used to supplement (increase) state, local, or BIA funds that would have been dedicated toward sworn officer positions if federal funding had not been awarded. CHP award funds must not be used to supplant (replace) local funds that agencies otherwise would have devoted to sworn officer hiring. The hiring or rehiring of officers under CHP must be in addition to, and not in lieu of, officers who otherwise would have been hired or rehired with state, local, or BIA funds. CHP awards provide funding for three years (36 months) of entry-level salary for each position awarded. The award period of performance is five years (60 months) to accom- modate the hiring process. Retained CHP-funded positions should be added to the recipient's law enforcement budget with state or local funds to increase the number of locally funded sworn officer posi- tions that would have existed in the absence of the award. Applicants are required to affirm in their CHP award appli- cation that their agency plans to retain any additional officer positions funded following the expiration of the award and identify their planned sources of retention funding. Highlights of FY 2021 CHP Additional consideration in the application review process will be given to applicants that propose a community -based approach to the following problem/focus areas: Building Legitimacy and Trust, Violent Crime (particularly gun violence), Police -Based Response to Persons in Crisis, and Combating Hate and Domestic Extremism. If awarded CHP funding, recipients that chose any of these specific community policing problem areas will not be allowed to change the problem area post -award. Under FY 2021 CHP, new -hire officer positions are not required to be military veterans. However, because the COPS Office supports the priority to hire military veter- ans whenever possible, applicants who commit to hiring or rehiring at least one military veteran under CHP will receive additional consideration for FY 2021 CHP funding. These military veterans may be in any of the three hiring categories described under "Funding Provisions," not just new hires. May 2021 2021 COPS Hiring Program 3 Additional consideration will be provided to agencies that commit to hiring officers from the communities in which they will serve and to agencies that commit to hiring officers willing to relocate to areas characterized by frag- mented relations between police and community residents or areas of high crime. Additional consideration may also be provided to applicants who experienced an unanticipated catastrophic event. All agencies that report that they have experienced a catastrophic event will be required to submit an attachment documenting the event or incident as part of their application. Additional consideration will also be provided to agencies in states with certain anti —human traf- ficking laws that treat minors engaged in commercial sex as victims (referred to as "safe harbor" laws) or permit indi- viduals to vacate arrest or prosecution records for nonviolent offenses as a result of being trafficked. Additional consid- eration will also be provided to agencies from rural areas, agencies that did not receive a CHP award in FY20, agencies in counties with persistent poverty, and agencies that require evidence -based culture sensitivity training for officers. CHP recipients who use CHP funding to deploy school resource officers (SRO) will also be required to submit a memorandum of understanding (MOU) between the law enforcement agency and the school partners. In addition, all applicants who receive FY 2021 CHP funding for SROs will be required to send each awarded SRO position to a region- ally based training sponsored and subsidized by the COPS Office. Additional information about this training require- ment will be provided to recipients at the time of award or shortly thereafter. ..� 1, ,.. Step 1. Obtain a DUNS (Data Universal Numbering System) number or confirm your existing DUNS number. Step 2. Register with the SAM (System of Award Man- agement) database or confirm or renew your existing SAM registration. Step 3. Confirm your entity's electronic business point of contact (E-Biz POC) in SAM. Step 4. Register with Grants.gov or confirm your exist- ing registration. Step 5. Submit the first part of your application in Grants.gov. Deadline to complete this step is June 15, 2021, at 7:59 p.m. Step 6. Onboard your agency to the JustGrants Justice Grants System. Step 7. Complete and submit the second part of your appli- cation in JustGrants (https://www.justicegrants.usdoi-gov). Further instructions and explanations of the application process can be found on the COPS Office website at https: //cops. usdo i . gov. Complete application packages for the FY 2021 CHP solici- tation are due by June 22, 2021, at 7:59 p.m. ET. OEM For more information about COPS Office programs and resources, please call the COPS Office Response Center at 800-421-6770 or visit the COPS Office website at https:Hcol2s.usdol.gov. May 2021 k i, z I D 0" � t N"' � N" " tI City Council Agenda Form 3 9. A ,,,.. y y � i 9 fi ate: JJJ _ tiFIRMARM e� •• �• • � III■ PURPOSE: To appoint board members to Advisory Boards at the discretion of Mayor/Council. Dunn Housing Authority Dunn Housing Authority members are appointed by the Mayor. Those whose terms end June 30, 2021 are highlighted on the attached roster. All three would like to be considered for reappointment and letters of recommendation have been attached from the Dunn Housing Authority. Lester Lee and Eddie Draughon wish to serve another term ending 06-30-2026 Sadie McLamb wishes to serve another term ending 06-30-2022 No applications received for first choice. Mayor Elmore will state the appointments for the record. Dunn Planning Board There is still one vacancy remaining on the Dunn Planning Board as highlighted on the roster. New applications received and attached: Andrew Currin Tracy Knapp Recommendation: Motion to appoint - to the Planning Board for term ending June 30, 2022. ■d A M Z N N N N N (ya O O O O O -- G N O N O N O N O N O y,ry M M M M M W C) C) CD C) C) F o 0 0 0 0 W O 'A �D N �o NC� co O H. N O �-1 �-1 ci c-i �-I c-I N Z O 0 0 0 0 0 0 0 0 p-� N N N N N N N N N O d d N M N M N O .� o .-� t� a �o �o .o O c� O i-1 O c-1 O O O 1p tt7 O � h �o O h d m n OD c-I fi7 N N h N d" z D, a, D, 00� 00 00 m o 0 6 6 6 G rn rn rn rn rn o u � O V N N C W w O S+ G1 m Q u N N N U N N wH m ua 0 fx A `q co m O O ❑ u O G P N U W O wr Q , ;g r m v w v w Z w a n F2 i BOARD OF COMMISSIONERS LESTER E. LEE, JR., CHAIRMAN EDDIE R. DRAUGHON, VICE-CHAIRMAN E. LOIS DAIL FRANCES W. PIERCE SADIE M. MCLAMB March 01, 2021 The Honorable Mayor William Elmore City of Dunn P O Box 1065 Dunn, NC 28335 Dear Mayor Elmore, 817 STEWART STREET P.O. BOX 1028 DUNN, NORTH CAROLINA 28335 TELEPHONE: (910) 892-5076 FAX:(910) 892-2483 DEBBIE N. WOODELL EXECUTIVE DIRECTOR MARSHA D. BASS OCCUPANCY MANAGER PATRICIA M. "PAT" MOORE SECRETARY I am writing this letter on behalf of the Dunn Housing Authority Board of Commissioners. As you are aware, Chairman Lester E. Lee, Jr.'s term on the Dunn Housing Board will expire on June 30, 2021. We would like to request the re -appointment of Mr. Lee to the Board. Thank you in advance for your consideration. Respectfully, 9bie N.'Woo e�#-) Executive Director 1�untz �-,Couiinq c�utfiolity BOARD OF COMMISSIONERS LESTER E. LEE, JR., CHAIRMAN EDDIE R. DRAUGHON, VICE-CHAIRMAN E. LOIS DAIL FRANCES W. PIERCE SADIE M. MCLAMB March 01, 2021 The Honorable Mayor William Elmore City of Dunn P O Box 1065 Dunn, NC 28335 Dear Mayor Elmore, 817 STEWARf STREET P.O. BOX 1028 DUNN, NORTH CAROLINA 28335 TELEPHONE: (910) 892-5076 FAX:(910) 892-2483 DEBBIE N. WOODELL EXECUTIVE DIRECTOR MARSHA D. BASS OCCUPANCY MANAGER PATRICIA M. "PAT" MOORE SECRETARY I am writing this letter on behalf of the Dunn Housing Authority Board of Commissioners. As you are aware, Vice -Chairman, Eddie Draughon's term on the Dunn Housing Board will expire on June 30, 2021. We would like to request the re -appointment of Mr. Draughon to the Board. Thank you in advance for your consideration. Respectfully, Debbie N. Woodell Executive Director 2�unn (:�:4oui in.9 c 4utfio7,it� BOARD OF COMMISSIONERS LESTER E. LEE, JR., CHAIRMAN EDDIE R. DRAUGHON, VICE-CHAIRMAN E. LOIS DAIL FRANCES W. PIERCE SADIE M. MCLAMB March 16, 2021 The Honorable Mayor William Elmore City of Dunn P O Box 1065 Dunn, NC 28335 Dear Mayor Elmore, 817 STEWART STREET P.O. BOX 1028 DUNN, NORTH CAROLINA 28335 TELEPHONE: (910) 892-5076 FAX: (910) 892-2483 DEBBIE N. WOODELL EXECUTIVE DIRECTOR MARSHA D. BASS OCCUPANCY MANAGER PATRICIA M. "PAT' MOORE SECRETARY I am writing this letter on behalf of the Dunn Housing Authority Board of Commissioners. As you are aware, Commissioner Sadie McLamb's term on the Dunn Housing Board will expire on June 30, 2021. The regular monthly board meeting was held on March 15, 2021 at 5:30 PM. The Board voted to request the re -appointment of Mrs. McLamb to the Board. (Resolution # 2021-08) Thank you in advance for your consideration. Respectfully, a %%�� j l w Debbie N. Woodell Executive Director d' N N d' ZM W O O Cl O O O O N N N N N N N O O O O O O O M M M M M M M �o �o �o m �o F o 0 O o 0 0 0 A W V) O co rl c O O H. O N N - N N ("Iz:o 0 CDO 0 O O o CD 0 0 H N N N N N N N N N C N O 'i O M r-I �-1 `-1 O j1y O O r- ry ry r- TV r- 1i a mH in �o co 000 C) ��-+o 00 0 H Sxi 3 3 00 � M 1-1 It N �D 'A ID OH ID LO d' N �-I `-I d' M ui N M m O N N d Z. M CO CO ol M O O D ri O 00 d' d' 00 ID 00 00 00 V] 0 00000 x000 aa,o� C), C3, (71 0�m(0 am o A ,0 .0 V V > O O Li O O N O C �o C°�1 a� cz W V on N a Y x cz� c O O CAM N O CD A o m o CD m o o m �i m d" M 0� m c-I O cq F 3 3 C 0 v m a o 7 N w m M ' u bD U 0 0 Z U a> C] Ej DUNN --- D i11 All-AmericaCity S Y' Y j� City Council Agenda � Form .»„„ Meeting Date: Y 2021 T SUBJECT TITLE: Budget Amendment — Demolition of Various Properties Presenter: Steven Neuschafer Administration Attachment: X Yes No Description: Demolition Bid Tabulation and Budget Amendment Public Hearing Advertisement Date: NA PURPOSE: To amend the budget, establishing funds to pay for the demolition of three (3) city -owned properties and a condemned privately -owned property that an ordinance to demolish was adopted in February, 2021. BACKGROUND: The city owns three (3) dilapidated properties that are beyond repair located at 501 E Broad St, 503 E Broad St and 906 W Broad St. These three (3) properties, along with 410 S Clinton, which City Council voted in favor of an ordinance to demolish in February 2021, was also included in the RFP issued on 04/28/2021 with proposals received on 05/17/2021. The low bidder was Martin Edwards and Associates Inc, at $76,431,00, The cost to demolish 410 S Clinton Ave is $29,500.00 and the city anticipates being reimbursed that cost after the completion of the demolition from the current owner. BUDGET IMPACT: The budget amendment requested will be for $77,000.00 from the general fund. RECOMMENDATION/ACTION REQUESTED: Motion to approve the Budget Amendment to fund the demolitions of 501 E Broad St, 503 E Broad St, 906 W Broad St and 410 S Clinton Ave. Z Z ❑ 0 i EE D E Q m 0 J m z O 4J K w 0 m K F w w a 0 0 d ' 0 O O E o 4 � D o Q � a E Q Q 0 y m o o m O O U d o r � D O O � � Q Q m U C M O O O C O M � 6 m E ,moo a 0 m w am E Q Q Z O F- a_ U w w W Z J O 0 E 0 N v v O D c ❑ ti Z � LL � (9 0 0 r V3 w 0 0 ro ' M 10 E co o Q m n E Q Q � vl 0 m o � o o m O pCj U � E o j ❑ a E Q U C N W M r C N M O C m Ip v E c O D m E¢ E Q Q w Z O H a C) U W F W Z J c N D 0 N M O a c Z � C7 M n e N N N N m m N N l N w N O a lOp � C 3NQ m O A In a m o p c G O C >m O U ¢ > m O m W p C p0 M LL U U o me m aci m o a m U y E w ¢' m m n Q E c o a o v j � ai U 0 E x 0 0 ¢ p m p 0 5 O p C p N N C O r N — N 3 ». 3 $ N C) U m m c N t 0 E.o m w o rSmQ U p a E m m D n' N W N L_ t' U LLl U Z O Z O K Q � O O u u Z 0 U p rn t0(V�It VGoY m o P �i v W to W O (d O h O O 4 tO O h O O O �7 C7 Luu' A V E 0 0 h 0 0�n cC 0 0 c 0 0 o 0 0 eoo o 0 a 0 ao f b b � q H � w btV �i Y c Y W 6,4 o iff'ee' ». 7� O N a m _W{�Ji W h ✓ W h V vi W W 7^C V W , L=; � LM D 0- 11 N " N'" All -America Mill All-AmepicaCily City Council Agenda :. " a r @ y r G , r A p `v iJ yyA &y+, Meeting Date: L Budget21 SUBJECT TITLE: Amendments Presenter: Jim Roberts,o Z'... Del. pep O' I Description: Various budget 1 01 to balance 0.0 Attachment: X Yes No �. expenditures1revenuesPublic Hearing Advertisement Date: N/A r l�` PURPOSE: To balance the budget after the City Council has approved purchases and or directed the administration to enter into contracts. Budget amendments are used to adjust the final budget and balance income and expense statements. BACKGROUND: This agenda item includes the documentation for budget Amendments to include: Legal Fees; Police Department; Brownfields Grant; Automatic Meter Reading Fund closing; and Water and Sewer fund accounts 810 and 821. The total amount of budget adjustments for the General Fund is $79,500. This includes Legal Fees to cover loans, property purchases, law suits, and contract reviews as well as the Police Department Separation Allowance payments, part-time officers, vehicle repairs, and software in Contract Services. We propose accepting the USDA Capital Outlay loan for $149,200 to cover the purchase of Police Vehicles. This may be reduced based on potential Grant funding that could be available. The Brownfields Grant includes funding from last year as a carry-over in the amount of $20,874.73, The Automatic Meter Reading Fund is to be balanced with the Water Sewer Fund in the amount of $191,095.93. This is not a transfer of cash just audit entries to balance the funds. Finally, the Water Sewer fund includes the use of fund balance in the amount of $135,000, specifically to cover unexpected cost of sludge removal for both Water/Sewer Operations and Waste Treatment Plant operations along with major costs of chemicals for treating sewer discharge due to heavy rains that occurred last year. BUDGET IMIPACT: The budget will increase due to funds moved from Fund Balance, new reimbursements, and installment financing to cover approved expenditures for projects and purchases listed and discussed. RECOMMENDATION/ACTION REQUESTED: Motion to approve Budget Amendments to the General Fund, Water/Sewer Fund, Brownfields Grant, and the Automatic Meter Reading Fund, amending the city's 2020/2021 budget by $575,670.66. {� � ; co § k IV 0 k\ \y/ /[ { Z Z O Z O D w ❑ =N R' O 1- W O K o a o 0 0 0 0 0 0 0 0 0 0 C 0 o 0 0 0 N N N O � ¢ N n E Q ¢ M M N M M O o 0 0 0 0 0 0 0 0 @ 00 O O O O O O N N O@ V _ (O O m 0 @ N N V a ° E ¢ Q W U C t9 41 W M F9 O O O O O O O N O O m OJ (D m O O � m w E Q � a ° m E ° E w w w w w Z O a C U W ❑ w � U m F m V W Z u @ v o 3o E w u C @ O N v v @ 9 'n Uj ii1 � U U 0 0 0 0 0 0 0 0 0 0 a p LL Z � p LL � O O H 0 w F W 9i 0 0 O o of o o E � E v M n E Q ¢ M M 0 0 0 0 v o 0 @ N N O a pCi E u E v E @ ¢ N U_ (9 W W O m O r o N N m a E 460 a a E M �n O a K U W F W = Z c J @ c m � m a ¢ N c LL � O N � m rn m m 0 0 a ❑ LL Z � � LL v C 0 0 N N m m co W N p O @ v @ L @ m E2 .° C ° J ° o p W_ �NS) @ v@ LL N N C W D C U m v � 'u v a m o>> ti o `a E v � Eamar�a� �O cC UE mo@cvi�tQ vEn 2' c E u ii a°$in 0$°i3>v°w a E E :° m a a N m v w N E U Li U Z O Z O � Q Q O U U LL LL z Z W Z U � LL 0 O M u y u M n d n o c d m Nj '0 E n U Q m n E Q Q m N � r N C d O N U M N E � j � m Q U C M O O O M N N m E n O a O N � n m E Q Q Z O a K U W C m z c7 J � C 0 m` a W 0 N a 0 a c m li Z � LL � C9 n M n v ' r m � � r o Q � a E Q vt e> m n w y W O yCj V O N N J a O v O � � Q E N u C fA O O O M C p C Ip v U p C O � � m N o E a Z O a K U W O h C W D Z (7 J N N 3 m a W m O O) 0 a c O li LL N c CD O O N N c0 N N N N � c d « N O N O 0 @ w O (� O No o « Z c U a G C N N c d x o Q N m> aoi d m N W= p N N LL N n LL� c E c w U o O O j.c UI N-ja n O c N cc D E 3 > N w e 3 N O L J O O N N 0 FO �Z U 7m a E m m a a aai N d N s u ui U Z O 0 � F O U U O LL LL Z O W = U LL O N M M 07 m c o o c @ rn 6 � � o Q m ¢ E Q Q rn N � O @ C @ O J D ❑ O O `ry E Q E w Q U C M C O O @ o m � n E Q Q z O H a U W W N a t' J W u `N z J 'O 0 E w@- m a m rn O U O Z � LL � 0 Q m O a M m m o o c rn E c `m v �. n � o Q En E Q Q fa .n CJ m m @ = O O O c � a U J O C N E Q U_ O C O C @ @ o m w a Q Q Z O H a U W cl w N W a J W LL `w z J C 0 0 w N V m m 0 M C LL O LL � 0 0 N N � ro � o N N N ❑ @ `m m w N « 3 0 3 @ a 3 m c^ Z C « O J O y O c a O 6@ @ C N d N a� C y O p O rn .k a E o C O @ E c C @2 L C o. 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Public Hearing Advertisement Date: NIA PURPOSE: To adopt a resolution allowing the City of Dunn to accept monies from the American Recovery Plan of 2021 and carry those funds over to subsequent years while spending them as directed by the Federal Guidelines. BACKGROUND: The City of Dunn has been identified by the Federal Government as a city with a population of less than 50,000 and therefore we will receive our funds through the State of North Carolina rather than directly from the Federal Government. We will receive approximately $2.8 Million, the exact amount is yet to be determined, in two payments exactly one year apart. Due to this stipulation, the funds will cross two budget years. Funding must be spent by the end of 2024. We will be responsible for reporting to the Federal Government through the State of North Carolina on a yearly basis. BUDGET IMPACT: These funds will not have a negative impact on our budget. Funding will be allowed for projects that include medical, behavioral, and public health; childcare and education; cyber security; safe water; and other projects that qualify for state water revolving funds. Separate accounts will be in place to track income and expense related to these funds. RECOMMENDATIONIACTION REQUESTED: Motion to approve the resolution to accept the funds from the American Rescue Plan and allow the city to carry these funds over from year to year until all funds are spent or we reach the end of the Federal directed project, 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 8tn day ofjune, 2021. William P. Elmore, Jr. Mayor ATTEST: Tammy Williams, CMC City Clerk baftd t C D h > v.Jf,� All -America CIIII it, d dun All-AMIPIca CRY � y d, 7: 9 3: tIY s' rm m I.r I SUBJECT TITLE: Goals1 Objectives.1 •1 1Counc Reports 1.Steven Neuschafer Presenter: Manager pepHeads Department:A• X Yes No Description: Monthly Reports PublicAttachment: Hearing Advertisement D. PURPOSE: Attached please find the Monthly Reports for the Goals and Objectives as established by the Council at the 2021-2022 Budget Planning Retreat to include Goals not finalized from this current fiscal year. Changes are highlighted in yellow. BACKGROUND: Short-term Goals (FY2021.22 Completion) - Finalize and Support 1951140 Crossroads of America Economic Planning Alliance formation - Personnel Pay & Classification Study/Retention Plan/Training Programs (to include documentation) - Finalize Imagine Dunn Strategic Vision Plan and begin implementation/plans - Begin implementing Wayfinding System once rebrand is complete - One pager document for builders/developers (Planning & Inspections) - Lobby for Black River dredging - Initiate regular joint meetings with Education officials - Trail from Tyler Park to Tart Park - Comprehensive Land Use Plan - Storm Water Drainage — Continue to Clean and Clear out Storm Water Inlets - Watauga Project Findings — Investigate and Determine Direction - Plan for Design, Phases and Cost for Juniper Creek project/Seawall Bulkheads for repairs - Paving Projects — Repair of Potholes and Small Scale Paving Projects - Aggressive Code Enforcement— Dilapidated and Boarded up - Residential and Commercial - Ordinance Revisions —Minimum Housing and Non -Residential - Purchase Sewer Jet for Storm Drain repair - Complete Technology Updates for Finance and Library - Merger Regionalization Study, Design and Determine Funding of Water Treatment Plant Long Term Goals and Objectives - Land transactions for Business Development supporting Community Growth - Address Infrastructure Needs — Paving, Water and Sewer, Storm Water ® Juniper Creek Improvements - Street Improvements - Water Treatment Plant - Government Facilities Upgrade: Police Locker Rooms, Public Works, Parks and Recreation, City Hall, Library and Water Tower— 301 South - Implement Strategies in the Vision Plan - Codrington Park Improvements Administration — Finance — Library — Planning — Inspections — Parks and Recreation Public Utilities and Public Works RECOMMENDATION/ACTION REQUESTED: Acknowledge receipt of the Monthly Goals and Objectives Reports. i I - i N� Nj � N ON ON O O O � O' m) m'f m O cD m> T m o o o N' O • EfT O c N CO Wo�- N I a � I o ea w N 2 N N E O I lE p a� mo m m a� o aw c o U O C N d W U O. 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Unorth caroling W.-IDNN city of dunn POST OFFICE BOX 1065 ® DUNN, NORTH CAROLINA 28335 (910) 230-3500 a FAX (910) 230-3590 www.dunn-nc.org MEMORANDUM To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Financial Report Date: June 8, 2021 Mayor William P. Elmore Jr. Mayor Pro Tenn Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Tannage City Manager Steven Neuschafer • The City, as of May 26, 2021, had $8,398,893 in cash from the General Fund and the Water -Sewer Fund combined. As of April 30, 2021, the city had had $9,152,109 in cash including the General Fund and the Water -Sewer Fund. As you can see, this is a decrease of $753,216. On May 31, 2020 we had $7,175,161. This is $1,223,732 less than we have currently. • We continue to received our tax payments and have received approximately 104% of our projected Property Tax budgeted revenue. Through April 30, 2021 we have received $3,904,736. In 2020 the April property tax revenues received were $3,809,365. Total Taxes received through the end of March were $4,313,947. In 2020 we had received $4,097,735. We have received approximately $105,000 more in taxes this year than last year. There is a one month lag in reporting taxes received. This month is slightly more than 100% of our estimated receipts for the 2020 tax year which is $4,213,600. These totals include Property, Motor Vehicles, and Downtown Service District taxes. • Sales Tax Revenue continues to be very strong. Our March receipts were $170,200 about $45,000 less than last month ($215,604). For July through March, we have received $1,919,395. We are up $95,926 or 5.3% from the same time last year. Last year we had Sales Tax Revenue of $1,823,469. Our Budget for that income for the 2021 budget year is set at $2,160,000. Sales Tax Reports from the Department of Revenue are provided at least two months behind actual collections. Our next sales tax report will be June 151h. • Utilities Sales Taxes are reported quarterly. For the first Three Quarters we have received $491,922. For 2019 we had received $525,935, $34,012 more than this year. This report is for the quarter ending December 31, 2020 and the amount received for this quarter was $154,228. In 2019 we received $174,992 for this same time period. This amount includes Electricity, Natural Gas, Telecommunications, and Video Programming Sales Taxes. Our next report will be received on June 151h. Our budget for 2021 for these four areas is $739,000. • Building Permit Fees for the month of May were $10,148, For April they were $19,286, and in March they were $24,877. This year we have collected a total of $155,341 or 155% of budget. Last year we had collected $112,952. Our budget for this year is $100,000. • Water and Sewer Revenues for the month of May were $466,030. In April they were $488,334, and March was $460,043. Last year in May we had collected $448,881. Our total collected year to date is $5,324,663 or 91% of budget. Year to Date in 2020 was $5,208,759. We have surpassed last year's collection by $115,904. Our budget for the year is $5,850,000. • General Fund expenditures in May were $861,542. The total expensed to date is $9,703,303 or 81.3% of Budget ($11,943,555). For 2020 we had expended $9,522,714. • The Water and Sewer fund expenditures in May were $633,386. The total expensed to date is $5,667,977 or 74.6% of budget ($7,600,040). For 2019 we had expensed $4,309,059. • The benchmark for this period is 91.6% of budget. • $22,826 Debt Service payments from the General Fund were made in May. Expenditures to date are $840,424 out of our total budgeted amount of $977,185. • $181,680 Debt Service payments for Water/Sewer were made this month. Our total for the year is $919,546 for all Water/Sewer Debt Service payments. Debt Service for the Water/Sewer Fund is budgeted at $1,059,300. DUNN All -America City 1 I aM ,4ere e070fl ff MafferS 089*2013 Expenditures for City of Dunn emgex nmo��t E/2]/]0]t ExpendltuteS Yeat to Uale Buaget lle maA ing $ v,993 sss gros $ 9]03303 gL3% $ 2240$52 ID.BA EXPENDITURES FOR THE CITY OF DUNN EXPENDITURES YEAR TO DATE [,!BUDGET REMAINING J Expenditures for Water and Sewer g�tlga amoom 5/27/]023 E pentllt—S Yeae to Bate Butlget Rem alntng 5 ],6000aa Iron $ 566)9» 79 6% $ 3�932W3 25.9°F WATER / SEWER EXPENDITURES d3 EXPENDITURES YEAR TO DATE ES3 BUDGET REMAINING C1 �C N A 5H� w o A w q e: � CI G 8 O O O O O O O O O O O O O O O O 0 0 O O O O OV vNi P q 7 q q q wwis.w wwasuww w cewwwtir. ar ww 0 0 O� V O i O✓ W Q P V U p U Q U Q p a R N LI In a 6 wax awuxw r, � �w w. w Iw �: v>wv� w vex � o > 0 0 6 a c Q w O O1 N M o O o cl CI D � O O O O o dodo M eM�t nM"1 M 0 O yv W &1 U H north caroling A LWDUNN city of dunn POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3500 a FAX (910) 230-3590 www.dunn-ne.org MEMORANDUM To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Liens and Accounts Receivables Date: June 8, 2021 Mayor William P. Elmore Jr. Mayor Pro Tem Dr. David L, Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Tannage City Manager Steven Neuschafer • The General Fund assessments, Water and Sewer assessments, and old demolitions total $127,314. Of this more than $82,000 is over 10 years old. This amount involves 41 individuals and we have not received any payments this month. Nothing new has been billed to these accounts so it has not changed from last month. • For our Weedy Lots and new Demolitions, the city has billed $485,485, we adjusted 9 and received payments of $158,130. This amount is over the last 20 years. The amount owed the city as of May 27, 2021 is $ 327,355. Much of this is in excess of 10 years old and not recoverable. • We have 181 liens in place totaling more than $ 320,000. Of these $13,041 are more than 10 years old leaving current charges of $307,072. • This month we invoiced 3 account for junk, and debris. This totaled $5,580. We received $1,833 in payments for both Demo Fees and Weedy Lots. For Weedy Lots we billed $7,180. Since July we have received $13,127 in payments. ® We sent 9 more pre -lien letters this month as well. It continues to be a process to get this done. Pope Law Group is continuing to work on foreclosures for several property owners. Two of these are on East Edgerton Street and East Duke Street. DUNN bcow All -America Oily 1 ► Am emmr9T maffers �ye9��o,a 01-Achieved During the month of May, Downtown held their first Dunn Fun Run in Downtown Dunn that ended with food trucks and live music. I also applied for the Duke Energy $25,000 Grant for Small Businesses in our community. 02- In Progress I have started working on a campaign for the debris can so that our residents will Know how to utilize their trash cans properly. I am in the process of putting together the budget for Downtown Dunn Development Corporation to be approved at their June Board Meeting. 03- Goals One goal for this month is to get all departments trained on the form software. Another goal is to start pushing out the debris campaign. 04- Stats Facebook: Instagram: Page Likes: 3,527 (33 new likes) Page Like: 998 (6 new likes) Reach:7143 Reach:1168 #1 post: Dunn Spring Litter Sweep (3k) #1 post: Admin Clean Up #2 post: State of Emergency Rescinded(1.6k) #2 post Litter Sweep Kaitlin Adkins I<adl<ins@dunn-nc.org 910 230 3500 _ DuNN .km 60Af➢f4'R� ^ wdito APRIL 2021 1 Monthly Development Report Planning & Inspections Department 1 102 N. Powell Ave., Dunn, NC 28334 ( phone 910-230-3503 fax910-230-9005 1 www.dunn-nc.org it Fees Collected $29,608.50 22 ncy's 10 ABC Permits 1 Tent Permits 0 D nc-f duUNN ]PubJY 6O➢1 R1f(R( IDQ �SYIJ Sign Permits $ Wall-$300 Wall w/elec Freestanding $1200 Freestanding w/elec-0 Face Replace -I (no fee) Yard-0 Banner-0 Temp 17:$60 Billboard-. 0 Billboard w/elec $750. Ground-= $700 cation- $375 DLINN xr�,a rcnintrsnily m�l(ria Code Enforcement Map April 1 "to April 30t', 2021 "Please note, that these are all NEW code enforcement items. This does not include items that were followed up on, or are at a later stage in enforcement." Public Works Department I May 20211 Monthly Report 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 ( fax 910-892-8871 1 www.dunn-nc.org *Data from Mobile311 work order system (does not include all work performed) Public Works Department I May 20211 Monthly Report 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.org *Data from Republic Services report LLHIDUNN file of J�nr� )JACIY <OlRlli((](( YIYffCIT Public Utilities Dept I April 2021 � Monthly Report 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 ( fax 910-892-8871 1 www.dunn-nc.org Leak Repair 2 instruction ' 1 Sewer Construction 3 Hydrant Repair 0 Water Meter Repair/Investigations 115 ier-Sewer 24 *Data from Mobile311 work order system (does not include all work performed) *Data from A.B. Uzzle Water Treatment Plant records, and Finance Department billing. ® _ DuNN m�ery rammrtnl Mal&. Total Million Gallons Treated 81.936 tainfall in Inches *Data from NC DEQ DMR documents and Black River Wastewater Treatment Plant records Water and Sewer Project Update (Council Approved Projects) In progress -Flow monitoring and October 2021 Golden LEAF Grant- Inflow and Infiltration Study and Sewer Rehab smoke testing complete, Golden Project LEAF increased grant award to $456,086 to include replacement of 2,230 LF of sewer main, Council approved Grantee Acknowledgement and Agreement. Project is currently in permitting. No bids were received on 4/15121 so 2nd Bid Date is 5/20/21, 14 Inch Water Line Abandonment In design phase-90%Complete, Fall 2022 Project Submitted permits and expect to bid June 2021. Watauga Avenue, Bay Street, & Project awarded to Lorman July 2021 Broad Street Water & Sewer Construction. Construction started Project 3/1/21. Construction is 45% Complete. USDA Collection System '. Submitted "application to USDA- + Fall 2022 Rehabilitation Phase 1 August 2020. Council approved conditions at March 2021 Council Meeting, Engineering agreement approved at April 2021 Council Meeting. Preliminary design 80% complete, j Black River W WTP Septic Off Received Authorization to TBD loading Station: Construct Permit from'NCDEQ. Bid DUNN Dunn Parks & Recreation Department Monthly Review 12020 Dunn Parks & Recreation 1205 Jackson Road, Dunn, NC 28334 1 (910) 892-2976 Phone (910) 892-7001 Fax I www.dunn-nc. rg May 2021 Monthly Recreation .•I Report ,,' Dunn Parks & Recreation May Monthly Narrative Report 14190111511001 Our offices opened to the public on Monday, September 21". Guidelines were set in place to maintain a safe environment for employees and patrons. The office lobby has been limited to one person at a time, facemasks are required and individuals waiting outside must remain 6 feet apart. We continue to exhibit COVID rules and guidelines set for sports programs as well as limit program spectator attendance based on the department of human health services recommendations. Spring Sports Registration COVID guidelines are in place for all leagues to create a safer environment for park patrons and to better reduce the chance of a COVID spread. Overall parents and participants have been receptive to our guidelines making this season smooth for staff. Instructional leagues (T-Ball and A League) games began on May 81h and are scheduled to end the week of June Yd. Softball regular -season games will end on May 24`h and baseball leagues will end on May 271h. Following regular season play baseball and softball leagues will prepare for all-star play. Summer Camp Registration began on May loth for summer camps. This year Teri Brown will take over as Camp Director in the place of Mike Whitman who has supervised summer camps for numerous years. This year's camps will include boy's and girl's basketball, baseball, softball, tennis, volleyball, soccer (indoor & outdoor). Camps will begin on June 14th and end on July 15'n Tart Park Renovation The City was granted a six-month extension by the PARTF Authority for the project deadline. This extends the deadline from April 30`h to October 31", 2021. The total project is 95 percent complete. Upcoming milestones include batting cages, trail extensions, fitness stations, disc golf, and final inspections for both building and site contractors. Special Events Harnett Health Day was held on May 21" at the Dunn Community Center in appreciation for all the effort and support received during the COVID vaccination clinic. Lunch and outdoor activities were provided. Recreation Advisory Board The last meeting was held on Tuesday, April 13, 2021, at 6:00 p. m. at Dunn Community Center. The next meeting is scheduled for August 10, 2021, at 6:00 p. m. at the Dunn Community Center. April 20211 Monthly Library Report Dunn Public Library 1 110 E. Divine St., Dunn, NC 28334 1 phone 910-892-2899 1 fax 910-892-8385 www,dunn-nc.org/library a e: *Peak live views/On-demand views. STATISTICAL REPORT: APRIL 2021 TOTAL INCIDENTS REPORTED CRIMES BY TYPE 192 HOMICIDE 0 RAPE 0 ROBBERY 1 AGGRAVATED ASSAULT BURGLARY/BREAKING AND ENTERING 14 LARCENY FROM VEHICLE 4 LARCENY (ALL OTHER) 21 SIMPLE ASSAULT 13 CRIMINAL INVESTIGATIONS CASES ASSIGNED C2 CASES CLOSED 84 RECOVERED PROPERTY VALUE $ 15,515.00 SEARCH WARRANTS EXECUTED 1 DRUGS SEIZED See Below FELONY ARRESTS MISDEMENOR ARRESTS 1 JUVENILE INVESTIGATIONS CASES ASSIGNED 3 CASES FILED INACTIVE 0 CASES EX -CLEARED 2 CASES CLEARED BY ARREST 1 CASES UNFOUNDED Q TOTAL CASES CLOSED 3 ADULT ARREST TOTAL 0 JUVENILE ARREST TOTAL 1 FELONY CHARGES TOTAL 0 MISDEMEANOR CHARGES TOTAL I RECOVERED PROPERTY VALUE 0 SPECAL OPERATIONS WORKED 0 COMMUNITY SERV./PRESENTATIONS 0 VALUE OF NARCOTICS/MONIES SEIZED 0 CURFEW WARNINGS 0 CURFEW VIOLATIONS 0 NARCOTICS INVEST. SEIZURES MARIJUANA 70.5 Grams COCAINE 9 Grams METHAMPHETAMINE 276.4 Grams HEROIN 0 PILLS 2 Grams Opiates OTHER DRUGS 21 Dosage Units FELONY ARREST TOTAL 7 MISDEMEANOR ARREST TOTAL 3 FIREARMS SEIZED I PROPERTY VALUE 0 US CURRENCY $787.00 SEARCH WARRANTS 0 STREET VALUE OF DRUGS SEIZED $481590.00 TOTAL DROP BOX MEDS COLLECTED 0 PA ROL DIVISION SPEEDING 97 SEAT BELT VIOLATION 18 PASSENGER SEAT BELT JUVNILE I NO OPERATOR'S LICENSE 9 DRIVE WFIILE LIC. REVOKED 30 FAILURE TO STOP AT STOP SIGN I I RUNNING RED LIGHT 5 FAILURE TO REDUCE SPEED q MISDEMEANOR ARREST TOTAL 64 FELONY ARREST TOTAL 17 FIREARMS SEIZED 7 MARIJUANA SEIZED 76.1 Grams COCAINE SEIZED 0 HEROIN SEIZED 0 OTIIER DRUGS SEIZED 95.1 Grams Meth OTHER DRUGS SEIZED (CONT.) 22 Dosage Units Pills US CURRENDY SEIZED UnImoWn Total COUNTERFEIT CURRENCY $30.00 ANIMAL CONTROL & SHELTER Total Calls: 48 CANINE' PICKED UP 16 INPOUND 2 RETURNED 5 ADOPTED 8 ESCAPED 0 EUTHANIZED 1 BITES 0 ISOLATED 0 FELINE PICKED UP 54 INPOUND 33 RETURNED 0 ADOPTED 16 ESCAPED 0 EUTHANIZED 5 BITES 0 ISOLATED 0 ANIMALES, WARNINGS AND MILEAGE OTHER ANIMAL CALLS 0 Other Animals: 0 WARNINGS (Verbal) 2 CITATIONS 0 ANIMAL CONTROL VEHCLES VEHICLE 455 Mileage 1064 VEHICLE #56 Mileage 1956 Page d Announcements June 8, 2021 City Council Meeting ➢ The annual 301 Endless Yard Sale will return this year and run through Dunn on June 18th and 19th from 7:00 a.m. to 5:00 p.m. The event extends through five counties from Halifax to Harnett. ➢ There are various events coming up at the Stewart Theatre in Downtown Dunn including a Pop -Up Alley Concert by John Dupree and Kevin Wing on Saturday, June 19th ➢ City offices will be closed on Monday, July 5th in observance of Independence Day. ➢ The next regular City Council Meeting is scheduled for Tuesday, July 13th at 7:00 p.m. ■ ABC Proposed Budget Ordinance and Minutes ■ Community Appearance Committee Minutes ■ Notification of City Clerk, NCCMC CITY OF DUNN ALCOHOLIC BEVERAGE CONTROL BOARD Proposed Budget for fiscal year 2021 — 2022 May 18, 2021 RE: BUDGET MESSAGE To the Dunn ABC Board The Annual Budget for the fiscal year July 1, 2021 through June 30, 2022 (FYI 1/12) has been prepared in accordance changes to N. C. General Statute 1811-702 "Financial Operations of Local Boards". The ABC Board determines, through adoption of an annual budget, the level of customer services that the ABC system will provide and the resources available for operations and capital projects. The primary drivers during the preparation of this budget included projected operating costs required to sustain acceptable levels of customer service during fiscal year 2021/2022 and the need to provide distributions to beneficiaries. The budget consists of projected revenues from liquor sales of $3.40 million, taxes related to income of $701 thousand, cost of sales of $1.85 million, and operating expense costs of $566 thousand. Highlights of Budget: Some sales increases are projected based on last year's sales. The assumption that no debt will be incurred. Longevity pay will continue. Distribution to the City of Dunn will be $150 thousand. The Board's Budget Process: It is anticipated that the budget process will be improved in future years. Debt: The Board does not have any debt at this time; there is no anticipation of incurring debt during the budget year. Page 1 CITY OF DUNN ALCOHOLIC BEVERAGE CONTROL BOARD Proposed Budget for the fiscal year 2021 - 2022 Staffing Summary: The Board has a total of 4 full-time positions and 5 part-time positions. �% Charles P. Willis Manager: Dunn ABC Board Page 2 m PROPOSED BUDGET ORDINANCE DUNN ABC BOARD Fiscal Year 2021- 2022 The following ordinance establishing revenues and setting expense appropriations is hereby proposed to be effective July 1, 2021, through June 30, 2022. Section 1. Estimated Revenues. It is estimated that the revenues listed below will be available during the fiscal year beginning July 1, 2021 and ending June 30, 2022 to meet the operational and functional appropriations as set forth in Section 2, in accordance with the chart of accounts prescribed by the state ABC Commission. Estimated Revenues: Sales Other Income Total $3,395,000 $ 6, 200 $0 $3,401,200 Section 2. Appropriations. The following expenses are hereby appropriated for fiscal year 2021- 2022 and are funded by the revenues made available through Section 1, herein. Appropriations: Taxes Based on Revenue Cost of Goods Sold Operating Expenses Salaries & Wages Payroll taxes Retirement & 401k Insurance - General & Group Board Member Per Diem Repairs & Maintenance Utilities Store/Office Supplies Travel Professional Fees & Dues Credit Card & Bank Fees Cash Over/Short Security Unemployment Insurance Contingencies $701,000 $1,850,000 Store(s) Admin. Warehouse Law Enf. Total $290,000 $36,000 $26,600 $37,500 $5,040 $52,500 $23,000 $15,545 $1,000 $10,965 $43,000 $0 $3,500 $50 $22,000 Page 1 of 2 Total Capital Outlay: Building Computer Debt Proceeds Debt Service/Lease: (define) Total Estimated Expenses Distributions: Mandatory 3 1/2%& Bottle Tax Law Enforcement Alcohol Education & Rehab. Other County/Municipal Other Distributions Total Distributions Working Capital Retained (Appropriated Fund Balance) Total Expense, Distribution & Reserve $566,700 Store(s) Admin. Warehouse Law Enf. Total $0 $100,000 $10,000 $0 $ $ $ $ $110,000 $ $ $ $ $0 $0 $0 $0 $0 $3,227,700 $150,000 $10,000 $13,500 $173,500 $0 $0 $3,401,200 Section 3. Copies of this Budget Ordinance shall be furnished to the City of Dunn, the state ABC Commission, and to the Budget Officer and Finance Officer to be kept on file by them for their direction in disbursement of funds. Proposed by the Dunn ABC Board this 25th day of May, 2021. Page 2 of 2 CITY OF DUNN ALCOHOLIC BEVERAGE CONTROL BOARD NOTICE OF PUBLIC HEARING FY 2021-22 BUDGET The proposed Fiscal Year 2021-22 budget for the City of Dunn Alcoholic Beverage Control Board has been presented to the Dunn ABC Board and is available for public inspection in the ABC Store at 555 Jackson Road from 10:00 a.m. to 5:00 p.m. weekdays. The City of Dunn ABC Board will hold a public hearing on the proposed budget on June 15, 2021 at 8:00 a.m. at Snipes Insurance, 105 N. Wilson Ave., Dunn, NC, for the purpose of receiving comments on the proposed budget. Persons wishing to be heard are invited to make written or oral comments. Charles P. Willis General Manager, Dunn ABC 5-25-2021 CITY OF DUNN ABC BOARD Minutes of Meeting, February 16, 2021 The Dunn ABC Board met on February 16, 2021. Present at the meeting were; Board Chair, Dal Snipes, Board Members, Alice Judd, Cindy Smith, Lynn Jernigan, Marc Phillips, and Manager, Charles Willis, who served as Secretary to the Board. Finance Officer, Rosie Wilson also attended the meeting. Mr. Willis presented the minutes of the January 19, 2021 meeting that were approved by the Board. Each Board Member was given a copy of January, 2021 Financial Statements. The Board reviewed the statements noting sales in January 2021 were $62,940.77 above last year. Year to date sales are $423,977.11 above last year. Mixed Beverage sales are $4,454.03 below last year The Board was informed that the previously approved Alcohol Education Funding to six Harnett County schools for 2020-2021 had been paid. Ms. Smith requested that the Board obtain feedback from the Middle Schools regarding the effectiveness of the Sold Out Youth Ministries Program from this year. Mr. Willis will follow up with Tammy Johnson for the information. Mr. Willis presented the Board with estimates for proposed renovations to the Entrance/Exit and Checkout areas at Store # 1. The Board agreed to evaluate the project and be prepared to reach a decision by the March 16 meeting. Mr. Willis addressed the Board regarding the use of two auditing firms. The Board agreed to consolidate the tasks to only one firm effective January 2021. The Board held an Executive Session to discuss personnel matters. The Board agreed on a counter -proposal to Ms. Wilson's proposal from the January meeting with regards to her compensation package as Finance Officer. Mr. Willis will present it to her. Mr. Willis noted to the Board that Dunn ABC will be participating in a `Barrel Selection" program with Woodford Reserve in the upcoming months. There was no conflict of interest at this meeting. The next scheduled ABC Board Meeting will be March 16, 2021. With no other bbusi ess, Lynn Jernigan motioned to adjourn, seconded by Alice Judd 'k ✓✓ �harles P. Willis 4:31 PM 04/16/21 DUNN ABC Board Profit & Loss Accrual Basis February 2021 Feb 21 Income 40100 • LIQUOR SALES - STORE 91 94,051.55 40200 • LIQUOR SALES - STORE 92 160,574.10 40300 • LIQUOR SALES - MIXB BEVERAGE #1 10,211.80 41000 • INTEREST EARNED #1 5.25 63101 • N.C. EXCISE TAX #1 -56,307.00 53201 • REHABILITATION TAX #1 -836.77 53401 • MIXED BEVERAGE TAX #1 -744.00 53501 • MIXED B. TAX DEPT HUMAN RES. #1 -74.41 Total Income 206,880.52 Cost of Goods Sold 50000 • Cost of Goods Sold 142,529.30 60301 • SURCHARGE #1 1,033.85 60302 • SURCHARGE #2 1,077.55 60401 • BAILMENT#1 1,389.00 60402 • BAILMENT#2 1,396.50 Total COGS 147,426.20 Gross Profit 59,454.32 Expense 60300 • TRUCK DELIVERY COST 550.00 66000 • Payroll Expenses 6,041.62 70101 • SALARIES - DUNN #1 8,608.66 70102 • SALARIES - DUNN #2 8,450,67 70301 • N.C. RETIREMENT FUND #1 1,009.48 70401 • GROUP INSURANCE #1 1,677.19 70501 - 401K FUND #1 994.56 70801 • CASH VARIANCES #1 -65.87 70901 • CREDIT CARD CHARGES #1 3,402.31 71401 • UTILITIES #1 498.04 71402 - UTILITIES #2 916.45 71501 • TELEPHONE #1 111.95 71502 • TELEPHONE #2 2.96 72201 - STORE SUPPLIES #1 1,301.32 72202 • STORE SUPPLIES #2 515.20 73001 • OFFICE SUPPLIES #1 165.81 74001 • PROFESSIONAL SERVICES #1 1,733,42 74400 • BOARD EXPENSES - SNIPES 100.00 74401 • BOARD EXPENSES - PHILLIPS 80.00 74402 • BOARD EXPENSES - JERNIGAN 80.00 74403 • BOARD EXPENSES - SMITH 80.00 74404 • BOARD EXPENSES - JUDD 80.00 75507 • ALC. ED. DUNN AA GROUP 200.00 78101 • BANK CHARGES #1 385,10 79301 • SECURITY #1 76.69 79302 • SECURITY #2 76.69 Total Expense 37,072.25 Net Income 22,382.07 Page 1 4:32 PM DUNN ABC Board 04/16/21 Trial Balance Accrual Basis As of February 28, 2021 Feb 28, 21 Debit Credit 10100 • Checking Acct - First Citizens 563,859.60 10801 • PETTY CASH #1 250.00 11001 • Change Fund #1 2,400.00 13001 • PREPAID INSURANCE #1 6,037.32 14100 • INVENTORY #1 390,699,84 14200 • INVENTORY #2 0.00 14700 • ALL BREAKAGE 703.64 15001 • LAND 191,571.78 15100 • LAND IMPROVEMENTS 13,343.75 16000 - BUILDINGS 374,655.31 17001 • STORE EQUIPMENT #1 144,228.40 17002 • STORE EQUIPMENT #2 83.75 17101 • OFICE EQUIPMENT #1 22,904.82 19001 • ACCUM. DEPRECIATION #1 435,773.02 20100 • A/P - DISTILLERIES 0.00 20300 • A/P - OTHER 33,894A1 20101 • A/P - DISTILLERIES (TEMP) 565.27 22000 • A/P - FEDERAL TAX WITHHELD 472.00 22100 - A/P - FICA TAX WITHHELD 818.16 22200 • A/P - NC INCOME TAX WITHHELD 1,979.00 22300 • A/P -401K -EMPLER 175.18 22400 - A/P - 401 K - EMPLEE 2,420.61 22600 • A/P - RETIREMENT - EMPLR 947.98 22700 • A/P - RETIREMENT - EMPLEE 229.63 23300 • SALES TAX PAYABLE 17,842.28 24000 • Payroll Liabilities 0.00 31000 • City of Dunn Profit Dist 31,260.00 32000 • Retained Earnings 1,103,530.06 40100 • LIQUOR SALES - STORE #1 183,081.45 40200 • LIQUOR SALES - STORE #2 318,337.50 40300 • LIQUOR SALES - MIXB BEVERAGE 91 17,358.00 40500 - LIQUOR SALES - MB TAX 1,488.16 41000 • INTEREST EARNED 91 16.17 41500 • MISC. REFUNDS #1 509,25 42000 • OTHER INCOME #1 1,500.00 42500 • BREAKAGE #1 13.11 42600 • BREAKAGE #2 29.49 53101 • N.C. EXCISE TAX #1 141,508.00 63201 • REHABILITATION TAX #1 1,999,04 53401 • MIXED BEVERAGE TAX #1 1,625.00 53501 • MIXED B. TAX DEPT HUMAN RES. #1 162.47 50000 • Cost of Goods Sold 281,813.71 60100 • PURCHASES STORE #1 52,643.48 60200 • PURCHASES STORE #2 86,640.93 60301 • SURCHARGE #1 1,444.40 60302 • SURCHARGE #2 2,466.75 60401 • BAILMENT #1 1,924.50 60402 • BAILMENT #2 3,208.50 60300 • TRUCK DELIVERY COST 900.00 66000 • Payroll Expenses 12,048.39 70101 • SALARIES -DUNN #1 16,511.31 70102 • SALARIES - DUNN #2 17,151.24 70301 • N.C. RETIREMENT FUND #1 3,255.33 70302 • N.C. RETIREMENT FUND #2 207.26 70401 • GROUP INSURANCE #1 5,998.79 70601 • 401K FUND #1 2,126.34 70502 • 401 K FUND #2 102.10 70801 • CASH VARIANCES #1 617.65 70901 • CREDIT CARD CHARGES #1 4,713.41 70902 • CREDIT CARD CHARGES #2 2,694.68 71101 • DEPRECIATION #1 845.13 71201 • REPAIRS & MAINT. #1 595.47 71202 • REPAIRS & MAINT. #2 932.82 71401 • UTILITIES #1 972.19 Page 1 4:32 PM 04/16/21 DUNN ABC Board Trial Balance Accrual Basis As of February 28, 2021 Feb 28, 21 Debit Credit 71402 UTILITIES #2 1,790.16 71501 • TELEPHONE #1 251.72 71502 • TELEPHONE #2 2.96 72000 • INSURANCE 754,67 72201 • STORE SUPPLIES #1 1,578.81 72202 • STORE SUPPLIES #2 850.84 72500 • UNEMPLOYMENT INSURANCE 52.83 73001 • OFFICE SUPPLIES #1 171.11 74001 • PROFESSIONAL SERVICES #1 1,733.42 74400 • BOARD EXPENSES - SNIPES 200.00 74401 • BOARD EXPENSES - PHILLIPS 160.00 74402 • BOARD EXPENSES - JERNIGAN 160.00 74403 • BOARD EXPENSES - SMITH 160.00 74404 • BOARD EXPENSES - JUDD 160.00 75008 • Ale. Ed. Coats -Erwin Mid School 575.00 75501 • ALC. ED. WAYNE AVE. SCHOOL 450.00 75502 • ALC. ED. TRITON HIGH SCHOOL 950.00 75503 • ALC. ED. DUNN MIDDLE SCHOOL 750.00 76604 • ALC. ED. HARNETT PRIMARY SCHOOL 675.00 75506 • Ale. Ed. Erwin Elem. School 800.00 75507 • ALC. ED. DUNN AA GROUP 400.00 78101 • BANK CHARGES #1 827,38 79301 • SECURITY #1 76.69 79302 • SECURITY #2 76.69 TOTAL 2,260,842.65 2,260,842.55 Page 2 MONTHLY AND YTD REPORT February, 2021 Sales - 2021 282679.73 Sales - 2020 231798.35 Total: +1- 50881.38 YTD Sales: 474858.49 MB Sales - 2021 10211.80 MB Sales - 2020 13561.15 Total:-3349.35 YTD MB Sales-7803.38 Bank Balance 2021 563859.60 Bank Balance 2020 408881.85 Total: +/- 154977.75 CITY OF DUNN ABC BOARD Minutes of Meeting Mar. 16, 2021 No Meeting. The next ABC Board Meeting will be Apr. 20, 2021. Charles P. Willis 3:51 PM 04/16/21 Accrual Basis DUNN ABC Board Profit & Loss March 2021 Mar 21 Income 40100 • LIQUOR SALES - STORE #1 112,484.10 40200 • LIQUOR SALES - STORE #2 186,516.40 40300 • LIQUOR SALES - MIXB BEVERAGE #1 16,743.15 41000•INTEREST EARNED #1 5.14 53101 • N.C. EXCISE TAX #1 -58,371.00 53201 • REHABILITATION TAX #1 -823.18 53401 • MIXED BEVERAGE TAX #1 -883.00 53501 • MIXED B. TAX DEPT HUMAN RES. #1 -88.31 Total Income 256,583.30 Cost of Goods Sold 50000 • Cost of Goods Sold 170,041,53 60301 • SURCHARGE #1 2,027.45 60401 • BAILMENT#1 2,666.50 Total COGS 174,725.48 Gross Profit 80,857.82 Expense 60300 • TRUCK DELIVERY COST 940.00 66000 • Payroll Expenses 7,528.44 66900 • Reconciliation Discrepancies 4.16 70101 • SALARIES -DUNN #1 10,081.40 70102 • SALARIES - DUNN #2 10,934.39 70301 • N.C. RETIREMENT FUND #1 1.566.36 70501 • 401K FUND #1 1,488.88 70801 • CASH VARIANCES 91 -688.89 70901 • CREDIT CARD CHARGES #1 3,024.76 71201 • REPAIRS & MAINT. #1 271.56 71401 • UTILITIES #1 771.08 71402 • UTILITIES #2 1,009.50 71601 • TELEPHONE #1 591.25 72201 • STORE SUPPLIES #1 460.95 72202 • STORE SUPPLIES #2 319.22 73001 • OFFICE SUPPLIES #1 846.78 74400•BOARD EXPENSES -SNIPES 200.00 74401 • BOARD EXPENSES - PHILLIPS 160.00 74402•BOARD EXPENSES - JERNIGAN 160.00 74403 • BOARD EXPENSES - SMITH 160.00 74404 • BOARD EXPENSES - JUDD 160.00 75507 • ALC. ED. DUNN AA GROUP 400.00 78001 • MISCELLANEOUS EXPENSE #1 25.00 78101 BANK CHARGES #1 321.04 79001 • LAW ENFORCEMENT #1 4,000.00 79301 • SECURITY #1 411.77 79302 • SECURITY #2 318,97 Total Expense 45,466,61 Net Income 35,391.21 Page 1 4:35 PM 04/16/21 DUNN ABC Board Trial Balance Accrual Basis As of March 31, 2021 Mar 31, 21 Debit Credit 10100 • Checking Acct - First Citizens 545,413.64 10801 - PETTY CASH #1 250.00 11001 • Change Fund #1 3,200.00 13001 • PREPAID INSURANCE #1 6,037.32 14100 • INVENTORY #1 382,263.89 14200 • INVENTORY #2 0.00 14700 • ALL BREAKAGE 703.64 15001 • LAND 191,671.78 15100 • LAND IMPROVEMENTS 13,343.75 16000 • BUILDINGS 374,655.31 17001 • STORE EQUIPMENT #1 144,228.40 17002 • STORE EQUIPMENT #2 83.75 17101 • OFICE EQUIPMENT #1 22,904.82 19001 • ACCUM. DEPRECIATION #1 20100 • A/P - DISTILLERIES 0.00 20300 • A/P - OTHER 139.70 20101 • A/P - DISTILLERIES (TEMP) 565.27 21000 • A/P - INSURANCE WITHHELD 784.38 22000 • A/P - FEDERAL TAX WITHHELD 22100 • A/P - FICA TAX WITHHELD 22200 • A/P - NC INCOME TAX WITHHELD 22300 • A/P -401K -EMPLER 22400 • A/P - 401 K - EMPLEE 22600 • A/P - RETIREMENT - EMPLR 22700 • A/P - RETIREMENT - EMPLEE 497.14 23300 • SALES TAX PAYABLE 24000 • Payroll Liabilities 0.00 31000 • City of Dunn Profit Dist 62,500.00 32000 • Retained Earnings 40100 • LIQUOR SALES - STORE #1 40200 • LIQUOR SALES - STORE #2 40300 • LIQUOR SALES - MIXB BEVERAGE #1 40500 • LIQUOR SALES - MB TAX 41000 • INTEREST EARNED 91 41500 • MISC. REFUNDS 01 42000 • OTHER INCOME #1 42500 • BREAKAGE #1 42600 • BREAKAGE 42 53101 • N.C. EXCISE TAX #1 199,879.00 53201 • REHABILITATION TAX #1 2,822.22 53401 • MIXED BEVERAGE TAX #1 2,508.00 53501 • MIXED B. TAX DEPT HUMAN RES. #1 250.78 50000 • Cost of Goods Sold 451,855.24 60100 • PURCHASES STORE #1 60200 • PURCHASES STORE #2 60301 • SURCHARGE #1 3,471.85 60302 • SURCHARGE #2 2,466.76 60401 • BAILMENT #1 4,581.00 60402 • BAILMENT #2 3,208.50 60300 • TRUCK DELIVERY COST 1,840.00 66000 • Payroll Expenses 19,576.83 66900 • Reconciliation Discrepancies 4.16 70101 • SALARIES - DUNN #1 26,592.71 70102 • SALARIES - DUNN #2 28,085.63 70301 • N.C. RETIREMENT FUND #1 4,821.68 70302 • N.C. RETIREMENT FUND #2 207.26 70401 • GROUP INSURANCE #1 5,998.79 70501 - 401K FUND #1 3,615.22 70502 • 401 K FUND #2 102.10 70801 • CASH VARIANCES #1 70901 • CREDIT CARD CHARGES #1 7,738.17 70902 • CREDIT CARD CHARGES #2 2,694.68 71101 • DEPRECIATION #1 845A3 71201 - REPAIRS & MAINT. #1 867.03 436,773.02 462.00 1,573.22 2,128.00 449.50 3,467.21 487.43 20,950.73 1,103,530.06 295,565.55 504,853.90 34,101.15 1,488.15 21.31 509.25 1,500.00 13.11 29.49 52,643.48 86,640.93 1,306.54 Page 1 4:35 PM 04116/21 Accrual Basis DUNN ABC Board Trial Balance As of March 31, 2021 Mar 31, 21 Debit Credit 71202 • REPAIRS & MAINT. #2 932.82 71401 • UTILITIES #1 1,743,27 71402 • UTILITIES #2 2,799.66 71501 - TELEPHONE #1 842.97 71502 • TELEPHONE #2 2.96 72000 • INSURANCE 754.67 72201 • STORE SUPPLIES #1 2,039.76 72202 - STORE SUPPLIES #2 1,170.06 72500 • UNEMPLOYMENT INSURANCE 52.83 73001 • OFFICE SUPPLIES #1 1,017.89 74001 • PROFESSIONAL SERVICES #1 1,733.42 74400 • BOARD EXPENSES - SNIPES 400.00 74401 • BOARD EXPENSES - PHILLIPS 320.00 74402 • BOARD EXPENSES -JERNIGAN 320.00 74403 • BOARD EXPENSES - SMITH 320.00 74404•BOARD EXPENSES-JUDD 320.00 75008 • Alc. Ed. Coats -Erwin Mid School 575.00 75601 • ALC. ED. WAYNE AVE. SCHOOL 450.00 76502 • ALC. ED. TRITON HIGH SCHOOL 950.00 76503 • ALC. ED. DUNN MIDDLE SCHOOL 750.00 75504 • ALC. ED. HARNETT PRIMARY SCHOOL 675.00 75505 - Alc. Ed. Erwin Elem. School 800.00 75507 • ALC. ED. DUNN AA GROUP 800.00 78001 • MISCELLANEOUS EXPENSE #1 25.00 78101 - BANK CHARGES #1 1,148.42 79001 • LAW ENFORCEMENT #1 4,000.00 79301 • SECURITY #1 488.46 79302 • SECURITY #2 395.66 TOTAL 2,548,248.70 2,548,248.70 Page 2 MONTHLY AND YTD REPORT March, 2021 Sales - 2021 336694.10 Sales - 2020 290257.40 Total: +/- 46436.70 YTD Sales: 521295.19 MB Sales - 2021 16743.15 MB Sales - 2020 8627.15 Total: 8116.00 YTD MB Sales 312.82 Bank Balance 2021 545413.64 Bank Balance 2020 493624.45 Total: +/- 51789.19 Minutes Community Appearance Committee Monday, April 12, 2021 at 6:00 p.m., Dunn Municipal Building PRESENT: Chairman Meredith Bradham, Cindy Atkins, Ann Fairley, John Frazee, Linda James, Tasha McDowell Lynwood Massengill and Wesley Johnson. City Staff: City Cleric Tammy Williams. Absent: Marian McDonald. Chairman Bradham called the meeting to order at 6:00 p.m. She reported that Marian McDonald is out due to having surgery and hopefully she will be able to be at the next meeting. Motion by Frazee and second by Massengill to approve the minutes as presented. The motion carried. Reports: Cemeteries Clean Up Williams reported that the small stuff has been cleaned up and letters have been sent out for the larger items giving families thirty days to remove. Frazee added that the cemeteries look better and the city has done a good job. He shared that he has received some complaints concerning the city's plan to remove the rocks but he added it has to be done due to maintenance. He said that it is important that the rules and guidelines are enforced to keep the cemeteries looking nice. Community Clean Up April 24 Spring Litter Sweep was discussed. Williams shared that the clean-up has been promoted on Facebook, Chamber, Tourism, City's Website, Government Channel and in the newspaper. Information was also sent to the local radio stations. Johnson recommended taking pictures of identified areas and promote on Facebook to help with promotions. Bradham encouraged everyone to share the Facebook post, make contacts and help get the word out. Williams also shared that the County is bringing the vests and trash bags but she will have to get more gloves. It was recommended to promote having people bring their own gloves. Committee members will meet at City Hall at 8:00 a.m. to set up and get ready for clean-up. Committee members will help distribute supplies and assignments and go over safety guidelines. Members committed to helping are: Wesley and Elyse, Cindy, Ann, Lynwood, John, Tasha, and Meredith. Williams showed a map showing areas designated for clean-up in Ward 4 and she will make one for each ward once areas have been identified. Massengill asked about the side street between Walmart and Hardees. Williams stated she felt that it was on private property but she will check with City Manager to be sure. Anti -Litter Campaign Bradham shared that we will begin working on campaign after the clean-up. She said maybe part of the campaign would include quarterly activities. McDowell worked on a list of recommendations and shared the following: one quarter could focus on students with poster contest and encouraging involvement from students in the litter campaign and another could be Trash Tuesday - social media campaign to encourage people to pick up trash on Tuesday and #trashtuesday. Williams added that Tasha had also recommended post concerning littering laws and swat -a -litterbug information that can be shared on the city's Facebook page. Bradham added that she lilted the #clean your curb idea. She also wants to reach out to the Chamber about doing a piece to educate businesses on their role in helping with appearance issues. Murals/Visual Arts McDowell reported that Elyse has reached out to Mike Williams with the Library about placing the bottle top art there. She is waiting for him to get back with her with response from Board of Trustees. If approved, we will need to come up with a little over $100 for the art materials. May need to work on getting a sponsor. Atkins mentioned contacting Triton about trash cans in the parking lot with anti -litter art. Both carpentry and art classes could participate in the project. Bradham said that she has not spoken to Triton yet due to all the issues with the school year dealing with the pandemic. It was recommended the summer might be a good time to meet with the principal to share idea and get his support. Johnson recommended adding "welcome to Dunn" signs to Eagle Scout projects. Williams shared that gateway enhancements are a part of the Imagine Dunn process and we need to make sure they are uniform. She also shared the expense associated with the signs on US421. Johnson suggested the other entranceway signs for US301 and other areas do not need to be that size, just uniform. Atkins added that US301 is a major thoroughfare through the city and it would be nice to have entrance signs there at least. Bradham reminded everyone that the Imagine Dunn Community Input Workshop is set for April 20 and encouraged participation. The next meeting will be held on May 10, 2021 at 6:00 p.m. With no additional business, the meeting was adjourned at 7:00 p.m. Respectively Submitted, Tam y Willia s, MC City Clerk May 26, 2021 TAMMY WILLIAMS, NCCMC City Clerk, City of Dunn, NORTH CAROLINA HONORED By NORTH CAROLINA ASSOCIATION OF MUNICIPAL CLERKS TAMMY WILLIAMS, City Clerk of the City of Dunn, North Carolina, has been awarded the prestigious designation of "NORTH CAROLINA CERTIFIED MUNICIPAL CLERK" (NCCMC) from the North Carolina Association of Municipal Clerks, along with the School of Government of the University of North Carolina at Chapel Hill for achieving its high educational, experience, and service requirements. Tammy, attained her designation as a NC State Certified Municipal Clerk through the completion of the NC Association of Municipal Clerks Program conducted in cooperation with the School of Government of the University of North Carolina at Chapel Hill. As an established member of the North Carolina Association of Municipal Clerks (NCAMC), Ms. Williams joins the 2021 class of municipal clerks from North Carolina who are receiving this State designation — "North Carolina Certified Municipal Clerk." The NCAMC is a professional organization of city, town and village clerks from across the state, dedicated to the continued growth and development of clerks and their municipalities. Established on November 5, 1975, the Association, among other things, promotes educational and professional development opportunities for municipal clerks to enhance their knowledge and effectiveness. This is no small task, considering the wide array of duties performed by municipal clerks, which often vary from municipality to municipality. The Association partners with the North Carolina League of Municipalities, the School of Government of the University of North Carolina at Chapel Hill, and the International Institute of Municipal Clerks (IIMC) to meet the needs of each individual municipal clerk. The North Carolina Certified Municipal Clerk Program is a five-year designation with requirements for continuing education to sustain and develop the ever -changing knowledge of the profession of municipal clerks. The NCAMC, together with the International Institute of Municipal Clerks, strives to promote educational and professional development to enhance the clerk. This Certification Program was developed with the assistance of the UNC School of Government at Chapel Hill and will be administered in cooperation with the School of Government. Qualifications of applicants are reviewed and approved by the NCAMC State Certification Committee. CLOSED SESSION CRITERIA (Specify one or more of the following permitted reasons for closed sessions) Move that we go into closed session in accordance with: [N.C.G.S. 143-318.11(a)(1)] Prevent the disclosure of privileged information Under the North Carolina General Statutes or regulations. Under the regulations or laws of the United States. [N.C.G.S. 143-318.11(a)(2)] Prevent the premature disclosure of an honorary award or scholarship [N.C.G.S. 143-318.11(a)(3)] Consult with the Attorney To protect the attorney -client privilege. To consider and give instructions concerning a potential or actual claim, administrative procedure, or judicial action. i To consider and give instructions concerning a judicial action titled vs [N.C.G.S. 143-318.11(a)(4)] To discuss matters relating to the location or expansion of business in the area served by this body. [N.C.G.S. 143-318.11(a)(5)] To establish or instruct the staff or agent concerning the negotiation of the price and terms of a contract concerning the acquisition of real property located at (OR) To establish or instruct the staff or agent concerning the negotiations of the amount of compensation or other terms of an employment contract. [N.C.G.S. 143-318.11(a)(6)] To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. (OR) To hear or investigate a complaint, charge, or grievance by or against a public officer or employee. [N.C.G.S. 143-318.11(a)(7)] To plan, conduct, or hear reports concerning investigations of alleged criminal conduct. School violence 143-318.11(a)(8) and terrorist activity (9).