highlands, north carolina unified development ordinance · 12/12/2013 · 6.4.4 research and...

HIGHLANDS, NORTH CAROLINA

Unified Development Ordinance

As amended through December 12, 2013

Highlands, North Carolina i Unified Development Ordinance

Detailed Table of Contents Article Number: Article Name...............................Article Number - Page Number Section Number: Section Name……………………………….Article Number – Page Number Article 1: General Provisions…………………………………………………………1-1 Sec. 1.1 Short Title ............................................................................................................1-1 Sec. 1.2 Purpose and Intent ..............................................................................................1-1

1.2.1 General 1.2.2 Zoning 1.2.3 Subdivision

Sec. 1.3 Authority and Enactment .....................................................................................1-1 Sec. 1.4 Jurisdiction ..........................................................................................................1-1 Sec. 1.5 Public Record ......................................................................................................1-2 Sec. 1.6 Zoning Map of the Town of Highlands, North Carolina .........................................1-2 Sec. 1.7 Relationship to Land Use Plan .............................................................................1-2 Sec. 1.8 Relationship to Other Ordinances of the Town of Highlands ................................1-2

1.8.1 Flood Damage Prevention Ordinance 1.8.2 [Reserved]

Sec. 1.9 Relationship to Other Documents of the Town of Highlands ...............................1-2 Sec. 1.10 Conflicts with Other Laws ..................................................................................1-2 Sec. 1.11 Effective Date ....................................................................................................1-3

1.11.1 General 1.11.2 Exemption

Sec. 1.12 Abrogation .........................................................................................................1-3 Sec. 1.13 Severability ........................................................................................................1-3 Sec. 1.14 Transitional Provisions .......................................................................................1-3

1.14.1 Violations Continue 1.14.2 Prior Nonconformities and Grandfathered Uses 1.14.3 Effect of this Ordinance on Approved Plans and on Competed Applications 1.14.4 Violations in Progress

Sec. 1.15 Graphics and Illustrations ..................................................................................1-5

Article 2: Definitions……………………………………………………………………2-1 Sec. 2.1 General ...............................................................................................................2-1

2.1.1 Word Usage Sec. 2.2 Abbreviations .......................................................................................................2-1 Sec. 2.3 Definitions ............................................................................................................2-2 Article 3: Administration and Review Authority…………………………………..3-1 Sec. 3.1 Review Bodies and Officials ................................................................................3-1 Sec. 3.2 Board of Commissioners .....................................................................................3-1

3.2.1 Powers and Duties Sec. 3.3 Planning Board ....................................................................................................3-1

3.3.1 Establishment 3.3.2 Terms and Compensation 3.3.3 Membership, Officers and Duties 3.3.4 Powers 3.3.5 Meetings, Quorum 3.3.6 Rules of Procedure

Highlands, North Carolina ii Unified Development Ordinance

Sec. 3.4 Zoning Board of Adjustment ............................................................................... 3-2 3.4.1 Establishment 3.4.2 Terms and Compensation 3.4.3 Membership, Officers and Duties 3.4.4 Powers 3.4.5 Meetings, Quorum 3.4.6 Rules of Procedure 3.4.7 Decisions

Sec. 3.5 Planning and Development Department .............................................................. 3-6 3.5.1 Establishment 3.5.2 Planning and Development Director 3.5.3 Delegation of Authority 3.5.4 Powers and Duties 3.5.5 Watershed Administrator 3.5.6 Stormwater Administrator 3.5.7 Floodplain Administrator 3.5.8 Code Enforcement Officer

Sec. 3.6 Other Departments.............................................................................................. 3-11 Sec. 3.7 Review Authority ................................................................................................. 3-11

3.7.1 Summary of Review Authority Table

Article 4: Applications and Permits…………………………………..……………..4-1 Sec. 4.1 Interpretation of This Ordinance .......................................................................... 4-1

4.1.1 Applicability 4.1.2 Request for Interpretation 4.1.3 Action by Planning and Development Director 4.1.4 Official Record 4.1.5 Appeal 4.1.6 Compliance and Permit

Sec. 4.2 Common Review Procedures .............................................................................. 4-2 4.2.1 Applicability 4.2.2 Pre-Application Conference 4.2.3 Application Requirements 4.2.4 Notice and Public Hearings

Sec. 4.3 Amendments to Ordinance or Zoning Map .......................................................... 4-7 4.3.1 Procedure for Amendment of Ordinance or Zoning Map

Sec. 4.4 Subdivision Review ............................................................................................. 4-9 4.4.1 Compliance 4.4.2 Exemptions 4.4.3 Performance Guarantee 4.4.4 Preliminary Plat Requirements 4.4.5 Preliminary Plat Review Procedures 4.4.6 Final Plat Requirements 4.4.7 Final Plat Review Procedures 4.4.8 Recording of the Final Plat 4.4.9 Planned Cluster Developments 4.4.10 Subdivisions Not Meeting Minimum Requirements

Sec. 4.5 Conditional Zoning Districts ................................................................................. 4-19 4.5.1 Applicability 4.5.2 Petition Submission Requirements

Sec. 4.6 Special Use Permit.............................................................................................. 4-24

Highlands, North Carolina iii Unified Development Ordinance

4.6.1 Applications 4.6.2 Procedure 4.6.3 Additional Application Requirements 4.6.4 Additional Conditions as to Use 4.6.5 Sanctions 4.6.6 Expiration of Special Use Permits

Sec. 4.7 Zoning Certification ..............................................................................................4-31 4.7.1 Applicability 4.7.2 Application Requirements 4.7.3 Additional Requirements in Commercial Zoning Districts 4.7.4 Construction and Reconstruction of Fences 4.7.5 Structures Located Within Dedicated Rights-of-Way 4.7.6 Structures Located in Wetlands 4.7.7 Zoning Certificate Compliance 4.7.8 Watershed Protection Permit 4.7.9 Watershed Protection Occupancy Permit

Sec. 4.8 Outdoor Display ...................................................................................................4-36 4.8.1 Applicability 4.8.2 Application Requirements

Sec. 4.9 Tower and Antennae Use Certificate ...................................................................4-37 4.9.1 Applicability 4.9.2 Application Requirements

Sec. 4.10 Shared Parking for Restaurants .........................................................................4-39 4.10.1 Applicability 4.10.2 Dual-Use Parking Application Requirements 4.10.3 Public Parking Spaces Application

Sec. 4.11 Infrastructure Approvals .....................................................................................4-41 4.11.1 Applicability 4.11.2 Prior Approval 4.11.3 Performance Bond 4.11.4 Procedure

Sec. 4.12 Tree Removal Permits .......................................................................................4-43 4.12.1 Applicability 4.12.2 Application Requirements

Sec. 4.13 Landscape Plan Permits ....................................................................................4-44 4.13.1 Applicability 4.13.2 Application Requirements

Sec. 4.14 Land-Disturbing Activity Permits ........................................................................4-45 4.14.1 Applicability 4.14.2 Application for Land-Disturbing Permit 4.14.3 Steep Slope Protection Site Plan Requirements 4.14.4 Erosion and Sedimentation Control Plan Requirements

Highlands, North Carolina iv Unified Development Ordinance

Sec. 4.15 Dam Impoundment Draining Permit .................................................................. 4-54 4.15.1 Applicability 4.15.2 Application Requirements

Sec. 4.16 Stormwater Management Permit ....................................................................... 4-56 4.16.1 Performance Security for BMP Installation 4.16.2 Stormwater Permit, Plan Submittal and Review 4.16.3 Stormwater Permit Application 4.16.4 Operations and Maintenance Agreement 4.16.5 As-Built and Final Plat Requirements 4.16.6 Function of BMP(s) as Intended 4.16.7 Annual Maintenance Inspections

Sec. 4.17 Sign Permit ....................................................................................................... 4-63 4.17.1 Applicability 4.17.2 Permanent Sign Application Requirements 4.17.3 Temporary Sign Application Requirements

Sec. 4.18 Variances .......................................................................................................... 4-64 4.18.1 Administrative Variances 4.18.2 Zoning Board of Adjustment Variances 4.18.3 Variances to Stormwater Management Regulations

Sec. 4.19 Appeals ............................................................................................................. 4-70 4.19.1 Appeal of Administrative Decision to Zoning Board of Adjustment 4.19.2 Appeal of Land Disturbance Permit Decision to Board of Commissioners 4.19.3 Appeal of Zoning Board of Adjustment Decision 4.19.4 Appeal of Board of Commissioners’ Zoning Decision

Sec. 4.20 Expiration or Extensions.................................................................................... 4-72 4.20.1 Table Sec. 4.21 Statutory Vested Rights Determination .............................................................. 4-73

4.21.1 Establishment of a Vested Right for Conditional Use Zoning District 4.21.2 Establishment of a Vested Right for Special Use Permits

Article 5: Zoning Districts…………………………………..…………….....………...5-1 Sec. 5.1 General ............................................................................................................... 5-1

5.1.1 District Establishment 5.1.2 District Boundaries 5.1.3 Interpretation of District Boundaries 5.1.4 General Regulations

Sec. 5.2 Residential District Intent Statements .................................................................. 5-2 5.2.1 R-1 Residential District 5.2.2 R-2 Residential District 5.2.3 R-3 Residential District

Sec. 5.3 Commercial District Intent Statements ................................................................ 5-2 5.3.1 B-1 Business District 5.3.2 B-2 Business District 5.3.3 B-3 Business District 5.3.4 B-4 Business District

Sec. 5.4 Other Nonresidential District Intent Statements ................................................... 5-3 5.4.1 GI Governmental/Institutional District

Sec. 5.5 Conditional Use Zoning Districts Intent Statements ............................................. 5-3 5.5.1 Purpose

Sec. 5.6 Watershed Protection Overlay District ................................................................. 5-3 5.6.1 Purpose

Highlands, North Carolina v Unified Development Ordinance

5.6.2 Rules 5.6.3 Establishment

Article 6: Use Regulations 6-1 Sec. 6.1 Use Categories ....................................................................................................6-1

6.1.1 General Sec. 6.2 Use Table ............................................................................................................6-3

6.2.1 Key 6.2.2 Use Table

Sec. 6.3 Residential Uses ..................................................................................................6-8 6.3.1 Single-family Dwelling 6.3.2 Multi-family Dwelling 6.3.3 Residential Accessory Uses and Structures

Sec. 6.4 Public and Civic Uses ..........................................................................................6-10 6.4.1 Parks and Playgrounds 6.4.2 Golf and Tennis Clubs 6.4.3 Churches and Other Places of Public Worship 6.4.4 Research and Educational 6.4.5 Nonprofit Visual Art Centers 6.4.6 Government Buildings

Sec. 6.5 Commercial Uses ................................................................................................6-11 6.5.1 Commercial Building Exterior Materials 6.5.2 Fences 6.5.3 Exterior Commercial Lighting 6.5.4 Outdoor Display of Merchandise 6.5.5 Incidental Apartments 6.5.6 Indoor Recreation and Entertainment 6.5.7 Private Social Clubs 6.5.8 Adult Establishments or Places of Adult Entertainment 6.5.9 Hotels and Motels 6.5.10 Tourist Homes 6.5.11 Retail or Wholesale Business 6.5.12 Restaurants 6.5.13 Professional Offices or Studios 6.5.14 Self-service Storage Facilities 6.5.15 Outdoor Storage Yards 6.5.16 Flammable Liquid Storage, Toxic and Hazardous Materials Facilities 6.5.17 Electronic Gaming Operations

Sec. 6.6 Wireless Communication Facilities ......................................................................6-19 6.6.1 Purpose and Intent 6.6.2 Uses Not Covered, Pre-Existing Facilities, Amateur Radio, Relationship to Other

Ordinances, Airport Zoning, and Building Codes 6.6.3 Preferred Locations for Wireless Communication Facilities and Applicability 6.6.4 Shared Facilities and Co-location Policy 6.6.5 Removal of Abandoned Support Structures

Article 7: Nonconformities…………………...…………………..………...………….7-1 Sec. 7.1 General................................................................................................................7-1

7.1.1 Purpose 7.1.2 Nonconformities Defined 7.1.3 Continuation of Nonconformities

Highlands, North Carolina vi Unified Development Ordinance

7.1.4 Maintenance and Repair 7.1.5 Completion of Buildings and Improvements

Sec. 7.2 Nonconforming Uses ........................................................................................... 7-2 7.2.1 Limitations on Nonconforming Uses

Sec. 7.3 Nonconforming Lots ............................................................................................ 7-2 7.3.1 Single-family Residential Lots

Sec. 7.4 Nonconforming Improvements and Structures .................................................... 7-3 7.4.1 Nonconforming Buildings and Premises 7.4.2 Existing Development in Watershed Overlay Districts 7.4.3 Reconstruction in Watershed Overlay Districts

Article 8: Dimensional and Density Standards..………...……..………...…….….8-1 Sec. 8.1 General ............................................................................................................... 8-1

8.1.1 Purpose 8.1.2 Requirements and Exceptions

Sec. 8.2 Residential Developments ................................................................................... 8-5 8.2.1 Dimensional Standards

Sec. 8.3 Non-Residential Developments ........................................................................... 8-6 8.3.1 Dimensional Requirements 8.3.2 Floor Area Ratio

Sec. 8.4 Watershed Overlay District .................................................................................. 8-7 8.4.1 General 8.4.2 Residential Dimensional Requirements 8.4.3 Non-residential Dimensional Requirements

Sec. 8.5 Planned Cluster Development ............................................................................. 8-9 8.5.1 Dimensional Requirements 8.5.2 Common Open Space Requirements

Article 9: Parking & Loading…………………………………..………......…..……..9-1 Sec. 9.1 Off-Street Parking Requirements and Standards................................................. 9-1

9.1.1 General 9.1.2 Off-Street Storage of Commercial Trailers 9.1.3 Ingress and Egress 9.1.4 Dimensions and Location 9.1.5 Paving, Striping and Signage 9.1.6 Responsibility for Maintenance 9.1.7 Parking Schedule

Sec. 9.2 Shared Parking for Restaurants ......................................................................... 9-7 9.2.1 Purpose 9.2.2 Use of Public On-Street Parking 9.2.3 Use of Dual-Use Off-Street Parking

Sec. 9.3 Off-Street Loading Requirements and Standards ................................................ 9-9 9.3.1 Dimensions and Locations 9.3.2 Schedule

Article 10: Infrastructure…………………………………………..………...………..10-1 Sec. 10.1 Improvements Requirements ............................................................................ 10-1

10.1.1 General 10.1.2 Infrastructure Review Authority 10.1.3 Surveying and Placement of Monuments 10.1.4 Required Easements

Highlands, North Carolina vii Unified Development Ordinance

10.1.5 Effect of Plat Approval on Dedications Sec. 10.2 Ingress and Egress Designation ........................................................................10-2

10.2.1 Dedicated and Publicly Maintained Streets 10.2.2 Private Streets or Roads 10.2.3 Responsibility for Maintenance

Sec. 10.3 Streets ...............................................................................................................10-4 10.3.1 Street Layout 10.3.2 Street Classifications 10.3.3 Related Road Infrastructure 10.3.4 Street Right-of-Way 10.3.5 Street Intersections 10.3.6 Street Paving 10.3.7 Street Names 10.3.8 Islands or Short Medians at Subdivision Entrances 10.3.9 On-Street Parking

Sec. 10.4 Driveway Entrances ...........................................................................................10-9 10.4.1 Driveway Entrance Requirements

Sec. 10.5 Pedestrian Mobility ......................................................................................... 10-10 10.5.1 Sidewalks 10.5.2 Trails and Paths

Sec. 10.6 Improvements and Installations ...................................................................... 10-12 10.6.1 Procedures

Sec. 10.7 Wireless Communication Facilities ................................................................. 10-13 10.7.1 Development Standards

Article 11: Landscape, Screening and Buffers…………………………………...11-1 Sec. 11.1 General ..............................................................................................................11-1 Sec. 11.2 Vegetation Protection and Restoration...............................................................11-1

11.2.1 General 11.2.2 Tree Protection 11.2.3 Vegetation Protection in Buffers 11.2.4 Vegetation Protection Around Wireless Communication Facilities 11.2.5 Vegetation Restoration

Sec. 11.3 Vehicular Use Area Landscaping .......................................................................11-3 11.3.1 Landscape Areas 11.3.2 Landscape Strip

Sec. 11.4 Landscape Buffers and Screening .....................................................................11-5 11.4.1 General 11.4.2 Landscape Buffer Table 11.4.3 Landscape Buffer Types Defined

Sec. 11.5 Installation and Maintenance .......................................................................... 11-11 11.5.1 Installation of New Landscape Areas and Buffers 11.5.2 Maintenance of Landscape Buffers

Article 12: Natural Resources and Environmental Protection………………….12-1 Sec. 12.1 General .............................................................................................................12-1 Sec. 12.2 Flood Damage Prevention .................................................................................12-1 Sec. 12.3 Riparian Buffers .................................................................................................12-1

12.3.1 Purpose and Intent 12.3.2 Exemptions 12.3.3 Riparian Buffer Zones and Measurement

Highlands, North Carolina viii Unified Development Ordinance

12.3.4 Limited Activity Permitted Within and Adjacent to Riparian Buffers 12.3.5 Preservation of Riparian Buffers

Sec. 12.4 Soil Erosion and Sedimentation Control ............................................................ 12-4 12.4.1 General 12.4.2 Purposes 12.4.3 Scope and Exclusions 12.4.4 Mandatory Standards for Land-Disturbing Activity 12.4.5 Basic Erosion and Sedimentation Control Objectives 12.4.6 Design and Performance Standards – General 12.4.7 Design and Performance Standards – HQW Zones 12.4.8 Design and Performance Standards – Stormwater Outlet Protection 12.4.9 Responsibility for Maintenance

Sec. 12.5 Steep Slope Protection................................................................................... 12-11 12.5.1 Steep Slope Protection

Sec. 12.6 Draining of Impoundment Regulations ........................................................... 12-13 12.6.1 Purpose 12.6.2 Permits Required 12.6.3 Additional Monitoring 12.6.4 Mandatory Standards for Draining of Impoundments

Sec. 12.7 Storm Water Management ............................................................................. 12-14 12.7.1 Findings of Fact 12.7.2 Purpose 12.7.3 Applicability and Jurisdiction 12.7.4 Stormwater Design and Standards 12.7.5 Stormwater Quality Design Standards 12.7.6 Stormwater Discharges 12.7.7 Stormwater Quality Design Manual 12.7.8 Stormwater Quantity Design Standards 12.7.9 Uniform Watershed Development Analysis for Peak Discharge Control

Article 13: Sign Standards…………………………………………………………....13-1 Sec. 13.1 General ............................................................................................................. 13-1

13.1.1 Purpose 13.1.2 Exemptions to Applicability 13.1.3 Sign Types 13.1.4 Exempt Signs

Sec. 13.2 Regulated Signs ................................................................................................ 13-3 13.2.1 Sign Standards Interpretations 13.2.2 Sign Calculations 13.2.3 Illumination 13.2.4 Sign Design, Construction and Maintenance 13.2.5 Placement of Signs 13.2.6 Nonconforming Signs 13.2.7 Removal of Illegal Signs

Sec. 13.3 Prohibited Signs 13-10 13.3.1 Off-Premise Signs, Including Outdoor Advertising Signs 13.3.2 Roof Signs 13.3.3 Simulated Traffic Sign and Obstructions 13.3.4 Signs Posted Within Public Rights-of-Way 13.3.5 Portable Signs 13.3.6 Message Board Signs

Highlands, North Carolina ix Unified Development Ordinance

13.3.7 Animated and Moving Signs 13.3.8 Flashing Signs 13.3.9 String and Tube Lighting 13.3.10 Oversized Product Facsimiles 13.3.11 Internally Illuminated Sings 13.3.12 Neon Signs 13.3.13 Wireless Communiciations Facilities Signs 13.3.14 Signs at Outdoor Displays

Sec. 13.4 Regulated Signs Allowed Without a Permit ..................................................... 13-11 13.4.1 Temporary Regulated Signs Allowed Without a Permit 13.4.2 Permanent Regulated Signs Allowed Without a Permit

Sec. 13.5 Regulated Signs Requiring a Permit ............................................................... 13-14 13.5.1 Temporary Regulated Sings Requiring a Permit 13.5.2 Permanent Regulated Sings Requiring a Permit

Article 14: Alternative Energy Sources [Reserved].………………………...…...14-1 Article 15: Inspections and Enforcement…………………..……………..............15-1 Sec. 15.1 Construction and Interpretation ..........................................................................15-1

15.1.1 Purpose 15.1.2 Inspections

Sec. 15.2 Violations ...........................................................................................................15-2 15.2.1 Violations 15.2.2 Continuing Offenses 15.2.3 Offenders

Sec. 15.3 Notices of Violations ..........................................................................................15-4 15.3.1 Contents 15.3.2 Service of Notice of Violation 15.3.3 Filing of Notices of Violation 15.3.4 Appeals 15.3.5 Complaints Regarding Violations 15.3.6 Equitable Remedies

Sec. 15.4 Civil Penalties ....................................................................................................15-6 15.4.1 Citations 15.4.2 Form of Citations 15.4.3 Determination of Amount of Penalty 14.4.4 Public hearings 15.4.5 Service of Citations 15.4.6 Civil Action to Collect Penalties 15.4.7 Liens 15.4.8 Fire Prevention Code

Sec. 15.5 Criminal Penalties ..............................................................................................15-7 15.5.1 In General 15.5.2 Land-Disturbing Activity 15.5.3 Draining of Impoundment Regulations

Sec. 15.6 Other Remedies ................................................................................................15-8 15.6.1 Denial of Permit or Certificate 15.6.2 Revocation of Permit or Certificate 15.6.3 Conditional Permit of Temporary Certificate 15.6.4 Statements and Reports

Sec. 15.7 Minimum Standards for Habitability ...................................................................15-8

Highlands, North Carolina x Unified Development Ordinance

15.7.1 Findings and Intent 15.7.2 Enforcement 15.7.3 Authorization 15.7.4 Standards for Enforcement 15.7.5 Procedure for Enforcement 15.7.6 Appeal to Board of Adjustment 15.7.7 Procedure for Enforcement Upon Noncompliance by Owner 15.7.8 Methods of Service of Complaints and Orders 15.7.9 Costs and Lien Premises 15.7.10 Alternative Remedies

Article 16: Flood Damage Prevention Ordinance …………………………….... 16-1 Sec. 16.1 Statutory Authorization, Findings of Fact, Purpose and Objectives.................... 16-1

16.1.1 Statutory Authorization 16.1.2 Findings of Fact and Intention 16.1.3 Statement of Purpose 16.1.4 Objectives

Sec. 16.2 Definitions ......................................................................................................... 16-2 Sec. 16.3 General Provisions ............................................................................................ 16-8

16.3.1 Lands to Which This Ordinance Applies 16.3.2 Basis for Establishing the Special Flood Hazard Area 16.3.3 Establishment of Floodplain Development Permit 16.3.4 Compliance 16.3.5 Abrogation and Greater Restrictions 16.3.6 Interpretation 16.3.7 Warning and Disclaimer of Liability 16.3.8 Penalties for Violation

Sec. 16.4 Administration ................................................................................................ 16-10 16.4.1 Designation of a Floodplain Administrator 16.4.2 Floodplain Development Application, Permit and Certification Requirements 16.4.3 Duties and Responsibilities of the Floodplain Administrator 16.4.4 Corrective Procedures 16.4.5 Variance Procedures

Sec. 16.5 Provisions for Flood Hazard Reduction .......................................................... 16-20 16.5.1 General Standards 16.5.2 Specific Standards 16.5.3 [Reserved] 16.5.4 Standards for Floodplains Without Established Base Flood Elevations 15.5.5 Standards for Riverine Floodplains With Base Flood Elevations but Without

Established Floodways or Non-Encroachment Areas 16.5.6 Floodways and Non-Encroachment Areas

Sec. 16.6 Legal Status Provisions .................................................................................. 16-27 16.6.1 Effect Upon Outstanding Floodplain Development Permits 16.6.2 Severability 16.6.3 Effective Date

Article 1: General Provisions

Highlands, North Carolina Article 1-Page 1 Unified Development Ordinance

Sec. 1.1 Short Title This ordinance shall be known as the “Unified Development Ordinance” of the Town of Highlands and may be referred to as “this UDO” or “this Ordinance”.

Sec. 1.2 Purpose and Intent 1.2.1 General

For the purpose of promoting the health, safety, and general welfare, this Ordinance is adopted by the governing body to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of each lot that may be occupied; the size of yards, courts, and other recreation and open spaces; the density of population; and the location, general design, appearance and use of buildings, structures and land for trade, industry, residence, or other purposes.

1.2.2 Zoning The zoning regulations in this Ordinance are designed to lessen congestion in the roads; to secure safety from fire, and other dangers; to promote health and the general welfare; to provide adequate light and air; to preserve and improve the character of development in the Town of Highlands and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. The regulations have been made with reasonable consideration, among other things, as to the character of the jurisdiction and its areas and their peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction.

1.2.3 Subdivision

The purpose of this Ordinance is to establish procedures and standards for the development and subdivision of real estate within the corporate limits of the Town of Highlands in an effort to, among other things, insure proper legal description, identification, monumentation, and recordation of real estate boundaries; further the orderly layout and appropriate use of the land; provide suitable building sites which are readily accessible to emergency vehicles; assure the proper installation of streets and utilities; promote the eventual elimination of unsafe or unsanitary conditions arising from undue concentration of population; and help conserve and protect the physical and economic resources of the Town of Highlands and its environs.

Sec. 1.3 Authority and Enactment The Board of Commissioners of the Town of Highlands, pursuant to the authority conferred by Chapter §160A, Article 19 of the North Carolina General Statutes and any other applicable general or special statutes of the State of North Carolina does hereby ordain and enact into laws these articles and sections. Sec. 1.4 Jurisdiction The provisions of this Ordinance shall apply within the entire corporate limits of the Town of Highlands ("the Town") and the entire extraterritorial area as may hereafter be brought within the purview of this article pursuant to law, which area of application shall be defined and established on the map entitled "Zoning Map of the Town of Highlands, North Carolina" ("the Zoning Map"), which is re-adopted simultaneously herewith or as the same may be amended from time to time.

Article 1: General Provisions_______________________________________________________________________________ Section 1.5 Public Record

Article 1-Page 2 Highlands, North Carolina Unified Development Ordinance

Sec. 1.5 Public Record The official copy of this Ordinance and Zoning Map shall be on record in the office of the Town Clerk and shall be available for public inspection during normal business hours at the Town office. The Town Clerk shall cause a certified copy of this Ordinance and Zoning Map to be recorded in the office of the Register of Deeds of Macon County and Jackson County. Sec. 1.6 Zoning Map of the Town of Highlands, North Carolina The Zoning Map and all explanatory matter thereon accompanies and is hereby made a part of this Ordinance and, together with a copy of this Ordinance, shall be permanently kept on file in the office of the Town Clerk. Sec. 1.7 Relationship to Land Use Plan It is the intention of the Board of Commissioners that this Ordinance implements the planning policies adopted by the Board for the Town, as reflected in the Highlands Land Use Plan, 1989-2009 and as periodically updated. While the Board reaffirms its commitment that this Ordinance and any amendment to it be in conformity with adopted planning policies, the Board hereby expresses its intent that neither this Ordinance nor any amendment hereto may be challenged on the basis of any alleged nonconformity with the Plan.

Sec. 1.8 Relationship to Other Ordinances of the Town of Highlands It is the intention of the Board of Commissioners that this Ordinance complement the other policies and ordinances, including but not limited to the Town of Highlands Public Works Specifications Manual, adopted by the Board for the Town, and as periodically updated. While the Board reaffirms its commitment that this Ordinance and any amendment to it be in conformity with these other policies and ordinances, the Board hereby expresses its intent that neither this Ordinance nor any amendment hereto may be challenged on the basis of any alleged nonconformity. See also Sec. 3.7, Other Departments. 1.8.1 Flood Damage Prevention Ordinance

The Town of Highlands Flood Damage Prevention Ordinance has been incorporated into this Ordinance in its entirety as a separate Article 16, Flood Damage Prevention Ordinance.

1.8.2 [Reserved] Sec. 1.9 Relationship to Other Documents of the Town of Highlands It is the intention of the Board of Commissioners that this Ordinance may reference other documents approved by the Town, including but not limited to the rules and procedures adopted by each Board and Commission, the recommended locally adapted and native species plant list and the official Color Chart adopted by the Board of Commissioners for the Town, and as periodically updated. While the Board reaffirms its commitment that these other documents will be in conformity with this Ordinance and any amendment to it, the Board hereby expresses its intent that neither this Ordinance nor any amendment hereto may be challenged on the basis of any alleged nonconformity. See also Sec. 3.7, Other Departments. Sec. 1.10 Conflict with Other Laws Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or any county ordinance or regulation pertaining thereto; nor shall any provision of this Ordinance amend, modify, or restrict any provisions of the Code of Ordinances of the Town of Highlands, North Carolina. Whenever the provisions of this Ordinance require more restrictive

Article 1: General Provisions Section 1.11 Effective Date


standards than are required in or under any statutes, the requirements of this Ordinance shall govern. Whenever the provisions of any statute require more restrictive standards than this Ordinance, the provisions of the statute shall govern. Sec. 1.11 Effective Date 1.11.1 General

This Ordinance is effective within each jurisdiction as of April 17, 2012. All ordinances in conflict are hereby repealed to the extent of their inconsistency. The ordinances repealed are the following: A. Town of Highlands Code of Ordinances Chapter 16, Zoning; B. Town of Highlands Code of Ordinances Chapter 14, Subdivisions; and C. All provisions of "An Ordinance Providing for Regulation of and Controlling Signs," as

amended, which was originally adopted on January 1, 1984, and which has been reprinted in pamphlet form by the Town, with the exception of those provisions relating to outdoor advertising signs pursuant to Sec. 13.2.6, Non-Conforming Signs, Item D, of this Ordinance.

1.11.2 Exemption

Notwithstanding the above, the provisions of Sec. 1.14, Transitional Provisions, shall govern the completion of approved permits, development plans, plats and other approvals specified therein, or completed applications for the same. Vested rights shall be determined in accordance with Sec. 4.21, Statutory Vested Rights Determination.

Sec. 1.12 Abrogation This Ordinance shall not repeal, abrogate, annul, impair, nor interfere with any existing subdivision, the plats of which are properly recorded in the Office of the Register of Deeds, prior to the effective date of this Ordinance, nor with existing easements, covenants, deed restrictions, agreements, or permits previously adopted or issued pursuant to law prior to the effective date of this Ordinance. Sec. 1.13 Severability Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, the declaration shall not affect the validity of this Ordinance as a whole or any part thereof that is not specifically declared to be invalid or unconstitutional. Sec. 1.14 Transitional Provisions 1.14.1 Violations Continue

Any violation of previous zoning, subdivision, sedimentation and erosion control or flood hazard ordinances will continue to be a violation under this Ordinance and be subject to penalties and enforcement under this Ordinance unless the use, development, or activity complies, in its entirety, with the provisions of this Ordinance.

Article 1: General Provisions______________________________________________________________________________ Section 1.14 Transitional Provisions


1.14.2 Prior Nonconformities and Grandfathered Uses

Any use, plan, building, or lot that was nonconforming or grandfathered under prior ordinances shall be considered a nonconformity under this Ordinance except as may be otherwise provided under Article 7, Non-conformities. The provisions of Article 7, Non-conformities, shall be applicable to all nonconformities. Uses, plans, buildings, or lots that were previously nonconforming or grandfathered that become conforming because of adoption of this Ordinance shall no longer be considered nonconformities provided that all applicable provisions of this Ordinance are complied with.

1.14.3 Effect of this Ordinance on Approved Plans and on Completed Applications

A. Approved Site Plans, Plats, and Permits and Completed Applications

1. Completion of development under an approved site plan, preliminary plat, final plat, major or minor variances, special use permit, or building permit shall be governed by the Ordinance under which the approval was granted.

2. An application for a site plan, preliminary plat, final plat, major or minor

variances, special use permit, building permit (if none of the preceding approvals are required), or development plan associated with a zoning map change that was administratively determined to be substantially complete as of the effective date as set forth hereinabove, shall be governed by the ordinance in effect at the time of submission if it complied with such ordinance at that time. The expiration and continuing validity of any such site plan, plat, or permit shall be governed by the previous ordinance.

3. For property with a development plan approved under an ordinance in effect prior

to adoption of this Ordinance, an application for a site plan, preliminary plat, final plat, major or minor variances, special use permit, or building permit that is substantially complete as of the effective date as set forth hereinabove, or within two years of the date of development plan approval, whichever is later, shall conform to the approved development plan except that it shall comply with the provisions of this Ordinance adopted for environmental purposes, including but not limited to Article 12, Natural Resources and Environmental Protection, and all other applicable laws or ordinances adopted for environmental purposes.

B. Timely Submission of Information

Applicants who have substantially completed applications as provided above shall comply with all requests for further information and submit all necessary revisions of submitted plans in a timely manner. A delay of more than 90 days in submission of information or revisions requested shall constitute effective withdrawal of the application, with loss of all fees paid. Any new application shall then conform to the provisions of this Ordinance.

1.14.4 Violations in Progress

The prosecution of violations that occurred under previous ordinances shall continue until resolved.

Article 1: General Provisions Section 1.15 Graphics and Illustrations


Sec. 1.15 Graphics and Illustrations In the event of a conflict between the text of these regulations and any caption, figure, illustration, or table, the text of these regulations shall control.

Article 2: Definitions


Sec. 2.1 General 2.1.1 Word Usage

For the purposes of this Ordinance, certain terms are defined as indicated in this Section. These definitions and all other provisions of this Ordinance are subject to the following rules of interpretation: A. Except as specifically defined within this Section or anywhere within this Ordinance,

all words used in this Ordinance shall be construed to have their customary dictionary definitions;

B. Words used in the present tense shall include, where appropriate, the past and

future tense. Where appropriate, words in the singular shall include the plural and words used in the plural shall conversely include the singular;

C. The words "shall" is always mandatory; the word "may" is permissive; D. The words "used" or "occupied," as applied to any land or building, shall be

construed to include the words "intended, arranged, or designed to be used or occupied”;

E. Utility and Infrastructure abbreviations and definitions specific to Water, Sewer,

Electrical and other Infrastructure requirements and standards shall be found in the Public Works Specifications Manual; and

F. Where a word defined in this article is also defined, explained, or used in a more specific

context in another article, such further definition, explanation, or use shall control in the interpretation of the provision in question.

Sec. 2.2 Abbreviations

BOC: Board of Commissioners BMP: Best Management Practices CERCLA: Comprehensive Environmental Response, Compensation and Liability Act CWA: Clean Water Act DBH: Diameter at Breast Height EMC: Environmental Management Commission FAA: Federal Aviation Administration FCC: Federal Communications Commission FTA: Federal Telecommunications Act of 1996 HQW: High Quality Water LDA: Land Disturbing Activity NCAC: North Carolina Administrative Code NCDOT: North Carolina Department of Transportation NCDENR: North Carolina Department of Environment & Natural Resources N.C.G.S.: North Carolina General Statutes NPDES: National Pollutant Discharge Elimination System PB: Planning Board PIN: Parcel or Property Identification Number ROW: Right of Way

Article 2: Definitions Section 2.3 Definitions


SARA: Superfund Amendments and Reauthorization Act SNIA: Special Non-Residential Intensity Allocation TAA: Tower and Antenna Use Application TAC: Tower and Antenna Use Certificate ZBA: Zoning Board of Adjustment

Sec 2.3 Definitions

Accommodation: Any part of a building used as or constituting a unit used as temporary lodging for an individual or a single family. See also hotel, motel, and tourist home. Adult Establishments: Adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult live entertainment business, or other such adult establishment as outlined in the current N.C.G.S. Affiliate: A person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control of another person. Alley: Any strip of land, publicly or privately owned, which is at least twenty (20) feet in width and set aside for public or private vehicular access to adjoining properties. Antenna Array: One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The Antenna Array does not include the Support Structure. Apartment: A room or suite of rooms in a building comprising a dwelling unit separate from others in the building, and typically having its own separate bath, sanitary, and kitchen facilities. Such apartments are in most cases rented from the owner by those dwelling in them. Apartment, Incidental: An apartment located within a building used primarily for commercial uses. Basement: The lowest level of a building that is wholly or partly below ground. For the purposes of this Ordinance, a basement shall not be deemed a habitable story if it is fifty percent (50%) or more below grade, and is used only for storage and mechanical space; a basement that is less than fifty percent (50%) below grade, or is used for any other purpose, shall be deemed a habitable story. Being Conducted: A land-disturbing activity that has been initiated and permanent stabilization of the site has not been completed. Best Management Practices (BMP): A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals in Watershed Overlay Districts.

A. Structural BMP - A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing or other characteristics; to approximate the pre-development hydrology and runoff water



quality on a developed site; or to achieve any combination of these goals. Structural BMPs include physical practices such as detention ponds, constructed wetlands, vegetative practices, filter strips, grassed swales and other methods installed or created on real property. “Structural BMP” is synonymous with “structural practice,” “stormwater control facility,” “stormwater control practice,” “stormwater treatment practice,” “stormwater management practice,” “stormwater control measures,” “structural stormwater treatment system” and similar terms used in this Ordinance.

B. Non-Structural BMP – Non-Structural BMPs include but are not limited to education, proper fertilizer and pesticide applications, street sweeping, maintenance of structural BMPs, litter control, and proper maintenance of developed lands.

Board of Commissioners: The Board of Commissioners of the Town of Highlands. Borrow: Fill material which is required for on-site construction and is obtained from other locations. Brewpub: A brewery that sells 25% or more of its beer on-site. The beer is brewed primarily for sale on the brewery site. The beer is often dispensed directly from the brewery’s storage tanks. Buffer, Landscape: The use of vegetation, berms, walls, fences or some combination thereof to visibly separate a use of property from another adjacent use or road. Buffer, Riparian: The protected strip or zone of land adjacent to a lake or natural watercourse. See also Trout and Vegetative Buffers. Buffer, Trout: The undisturbed zone adjacent to waters that have been classified as trout waters by the Environmental Management Commission. Buffer, Vegetative: A zone or area of natural or planted vegetation adjacent to a lake or natural watercourse that is not classified as trout waters by the Environmental Management Commission. Building: Any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind, including sheds, pole sheds and other open-walled buildings, carports, garages, guest cottages, and other outbuildings, and also including any extension and extrusion of the building such as balconies, decks, and porches. Satellite dish antennas shall be considered buildings under this Ordinance insofar as they shall be required to meet the setback requirement of the zoning district in which they are located. See also Customary Accessory Outbuilding and Structure definitions. Building, Multi-Family: Any building, other than a motel, hotel, or tourist home as defined in this Ordinance, intended, designed, or used as a dwelling unit by two or more families or households living independently of each other and including permanent provisions for separate living, sleeping, eating, cooking, and sanitation facilities. Building Frontage: The distance which is occupied by a business or other activity, measured along the outside wall of the building side on which the main entrance of the business or other



activity is located. If a business has a main entrance on a corner of a building, the building frontage shall be the width of the building parallel to the main street on which it is located.

Building Wall: An exterior bearing or non-bearing vertical structure encompassing the area between the final grade elevation and the eaves of a building, which is used as an enclosing wall for a building.

Built-Upon Area: That portion of a development project in Watershed Overlay Districts that is covered by impervious or partially impervious cover, including buildings, pavement, gravel roads, decorative pavers or paving stones, and recreation facilities (e.g. tennis courts). (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.) Churches and Other Places of Public Worship: A building primarily used by a non-profit organization for organized religious services and supporting uses. Common open space: A portion of a development site that is permanently set aside for public or private use, is held in common ownership by all individual owners within a development, and restricted from development as provided herein. Common open space may include wetlands, upland recreational area, wildlife areas, historic sites, and areas unsuitable for development in their natural state. Common open space shall not be construed to mean the space between buildings within cluster developments, or any impervious surface. Completion of Construction or Development: The time at which no further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover. Condominium: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Corner Lot: A lot abutting upon two (2) or more streets at their intersection. Critical Area: The area in a Watershed Overlay District adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed, as defined on the Zoning Map. Cul-de-Sac: A street permanently terminated by a turn-around. Customary Accessory Outbuilding: Buildings customarily appurtenant to single-family dwellings such as private garages, non-commercial buildings such as greenhouses and workshops. Not a dwelling unit. Customary Incidental Home Occupation: An occupation actually pursued or carried on within a person's place of residence by himself or family members who reside there, as well as no more than one (1) person not a resident of the premises, and including professional offices of accountants, architects, artists, attorneys, beauticians, dentists, engineers, musicians, physicians, surveyors, and family day care homes keeping less than six (6)



unrelated children, but excluding veterinary, kennel, or animal shelter services for animals.

Dam: A structure and appurtenant works erected to impound or divert water, and including beaver dams.

Day Care Center: An institution that provides for the care or instruction of six or more unrelated children, but excluding family day care homes keeping less than six unrelated children (see Customary Incidental Home Occupation).

Development: Any land disturbing activity which adds to or changes the amount of impervious or partially pervious cover on a land area or which otherwise decreases the infiltration or precipitation into the soil. See also definition of “Redevelopment” this section specific to Stormwater Management.

Development, Cluster: A development pattern and technique whereby structures or building sites are grouped or arranged in close proximity to one another adjacent to permanently preserved common open space within the same development.

Development, Industrial: Any non-residential development in a Watershed Overlay District that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning, or developing any product or commodity. Development, Non-residential: All development other than residential development, agriculture, and silviculture. Development, Residential: Buildings for residential use, such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc., together with their associated outbuildings, such as garages, storage buildings, gazebos, etc., and including customary incidential home occupations. Discharge Point: That point at which stormwater runoff leaves a tract of land. District, Underlying Use: The existing general use district shown on the Official Zoning Map of the Town of Highlands. District, Overlay: A district with supplementary regulations that are superimposed upon existing use districts. Such a district is mapped and on file with the Town Clerk. District, Watershed Overlay: A zoning district implementing the requirements of N.C.G.S. Article 21, Chapter 143, Watershed Protection Rules, within areas designated as a Public Water Supply Watershed by the N.C. Environmental Management Commission, and encompassing one or more underlying use districts. The regulations of a Watershed Overlay District supplement rather than supplant the regulations of the underlying use district; whenever the regulations in one district require more restrictive standards than in the other, the more restrictive standards shall apply. District, Soil and Water: The Macon or Jackson County Soil and Water Conservation District



created pursuant to N.C.G.S. Chapter 139.

Draining: Any act in furtherance of the release of water from an impoundment at a rate greater than the rate by which the impoundment is normally replenished by its usual groundwater and subsurface sources.

Driveway: A private vehicle access located on a parcel or lot serving a maximum of two (2) lots. See also definition of “Street, Private”.

Dwelling: A building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, including customary accessory outbuildings belonging thereto or usually enjoyed therewith, but not including any recreational vehicle that is used solely for a seasonal vacation purpose.

Dwelling Unit: A single residential unit consisting of one or more rooms designed,

occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and bathroom facilities provided within the dwelling unit for the exclusive use of a single-family maintaining a household. Dwellings, Multi-family: A building constructed in compliance with the North Carolina Uniform Building Code containing two or more dwelling units on a single lot, including but not limited to apartment buildings and condominiums. Dwelling, Single-family: A building designed for and containing one (1) dwelling unit. Dwelling, Single-family attached: A dwelling unit constructed in compliance with the North Carolina Uniform Building Code and located on an individual lot attached to one or more dwelling units by a common party wall or walls. Dwelling, Single-family detached: A dwelling unit constructed in compliance with the North Carolina Uniform Building Code and located on an individual lot unattached to another dwelling unit. Dwelling, Single-family detached condominiums: Single-family detached dwelling units constructed in compliance with the North Carolina Uniform Building Code which are owned under the condominium form of ownership such that there are no individual lots associated with the units and the common areas are held in common ownership by a condominium association. Dwellings, Single-family Zero Lot Line: A dwelling unit located on an individual lot so that one of the building's sides is located directly on a side lot line notwithstanding the requirement to maintain a ten (10) foot setback between each building. Easement: A right of privilege vested in the public or the owner of one parcel of land to use the land of another for a specific purpose or purposes (such as road or utility rights-of-way). Electronic Gaming Operations: 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. The term includes, but is not limited to internet sweepstakes, internet

sweepstakes café, video sweepstakes, or cybercafés, which have a finite pool of winners. This does not include any lottery endorsed by the State of North Carolina.

Energy Dissipater: A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow.

Erosion: The wearing away of land surfaces by the action of wind, water, gravity, or any combination thereof. Erosion, Accelerated: Any increase over the rate of natural erosion as a result of land-disturbing activity. Erosion Control Measure, Structure, or Device, Adequate: One that controls the soil material within the land area under responsible control of the person conducting the land-disturbing activity. Erosion, Natural: The wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man.

Facility, Equipment: An Equipment Facility is any structure used to contain ancillary equipment for a Wireless Communication Facility which includes cabinets, shelters, a build-out of an existing structure, pedestals, and other similar structures. Family: One or more individuals residing in a dwelling unit, living as a single housekeeping unit, and complying with the following rules:

A. Any number of individuals related by the fifth degree of consanguinity , marriage, or

adoption may occupy a dwelling unit; as long as it meets all applicable health and building code requirements;

B. Where some or all of the occupants are unrelated by blood, marriage, or adoption, the

total number of occupants who are unrelated shall not exceed five (5). In applying this provision, children who are under the age of twenty-three (23) and who are children of the owner or a person renting an entire dwelling unit from the owner shall be counted as a single occupant. In addition, in all cases, the limitation set out in subsection C. below shall apply; and

C. The presence of household employees or children in foster care shall not disqualify any

premises otherwise satisfying the above rules.

Fixture: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor lens.

Foot-candle: A unit of measurement (fc) of luminance, or the amount of light falling on a given amount of surface area. One foot-candle is equal to one lumen per square foot, and is the equivalent of 10.76 Lux (1 Lux=0.0929 fc).



Full cut-off luminaire: Outdoor light fixtures shielded or constructed so that no direct light rays are emitted by the installed fixture at angles above the horizontal plane. That is, they do not shine light upward above the fixture into the sky. Glare: Light emitting from a luminaire with intensity great enough to reduce a viewer’s ability to see, and in extreme cases causing momentary blindness, or that causes annoyance or discomfort. Grading Calculations: The result of cut + fill, as measured in cubic yards. This means that when one (1) cubic yard of earth is cut, and then that same yard if used as fill elsewhere on the property, the Town would view this as two (2) cubic yards of earth movement (sometimes this method is referred to as a "double counting"). This form of measurement takes into consideration the total disturbance of a site from its existing state.

Grantor: The Town of Highlands as represented by the Board of Commissioners acting within the scope of its jurisdiction.

Greenway or Highlands Greenway: An area for pedestrian use dedicated by easement to the Town of Highlands or dedicated by conservation easement to promote the purposes of the Highlands Greenway.

Greenway or Highlands Greenway Map: “Conceptual Greenway Map” as adopted by the Town and the “Highlands Greenway Map – Phase I” as adopted by the Town on November 6, 2007, as amended from time to time in accordance with this Ordinance and permanently kept on file in the office of the Town Clerk.

Gross Floor Space: The entire area of a building, including storage areas, garages, closets, hallways, and restrooms, but excluding basement or attic storage areas not accessible to the public. Gross floor space shall be measured to the outside of exterior walls. Ground Cover: Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. Hazardous Material: Any substance listed as such in: SARA Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and hazardous substances). Height, Building: The vertical distance from the established grade elevation at the center of the front of the structure to the highest point of the roof or parapet of the structure, but not including steeples, chimneys, sky lights, and roof structures for elevators, stairways, tanks, heating, ventilation and air-conditioning equipment, or similar equipment for the operation and maintenance of a building. Height, Signage: The height of a sign shall be measured as the distance from finish grade or surface at the base of the sign, or top of sign post footing, to the top of the highest component of the sign, including the sign face or sign structure.



Height, Wireless Communication Facility: The vertical distance measured from the base of the foundation of the tower to the highest point on the Wireless Communication Facility, including the antenna array and other attachments. High Quality Waters: Those classified as such in 15A NCAC 2B.0101(e) (5) - General Procedures, which is incorporated herein by reference to include further amendments pursuant to former N.C.G.S. section 150B-14(c).

High Quality Water Zones: Areas within one (1) mile and draining to high quality waters. Hotel: A hotel or motel is any building containing five (5) or more guest rooms where temporary sleeping accommodations--and in some cases minimal eating and cooking facilities--are provided for guests on a daily or weekly basis.

Impoundment: The body of water impounded by a dam.

Individual Sewer System: Any septic tank, privy, or other facility with a design capacity of three thousand (3,000) gallons per day or less and having no discharge to surface waters.

Individual Water System: Any well, spring, stream, or other source used to supply a single connection, privately owned. Lake or Natural Watercourse: Any stream, river, brook, swamp, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. Land-Disturbing Activity: Any use of the land by any person in residential, industrial, education, institutional, or commercial development, including highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Landscape Area: The area of a parcel of property that is not devoted to buildings, parking lots, sidewalks, or driveways. Light Trespass: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. Lot: A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or for development, or both. Lot of Record: A parcel of land whose boundaries have been established by some legal instrument, such as a recorded deed or a recorded map, and which is recognized as a separate legal entity for purposes of transfer of title. Luminaire: A lighting system, including a lamp or lamps and a fixture. This term shall be interpreted broadly as applying to all outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, permanently installed or portable, used for illumination.



Manufactured Home: A dwelling unit that is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for one- and two-family dwellings; provided it has been constructed after July 1, 1976 and is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis. Additional specific use requirements apply in the Town of Highlands. (Article 6.3.1.C) Microbrewery: A brewery that produces less than 15,000 barrels of beer per year with 75% or more of its beer sold off-site. Microbreweries sell to the public by one or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and, directly to the consumer through carryouts and/or on-site tap-room or restaurant sales. Mobile Home: A manufactured home. Modular Home: A dwelling unit constructed in accordance with the construction standards of the North Carolina Uniform Residential Building Code for one- and two-family dwellings, and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly and placement on a permanent foundation. Without limiting the generality of the foregoing, a modular home may consist of two or more sections, with each section being transported to the site on its own chassis or steel frame, or a series of panels or room sections transported to the site on a truck and erected, assembled, or joined there.

Motel: A hotel or motel is any building containing five (5) or more guest rooms where temporary sleeping accommodations--and in some cases minimal eating and cooking facilities--are provided for guests on a daily or weekly basis.

Non-profit Visual Art Centers: Any visual art center funded by private donors and fees from visual art classes, which is deemed to be nonprofit by the Internal Revenue Service in accordance with IRS Code Section 501(C)(3). Failure to maintain nonprofit status with the Internal Revenue Service automatically and immediately voids the visual art center special use permit.

Notice: Whenever in this ordinance notice is required, it shall be deemed to mean the date that such certified mail is delivered. Occupant: A person, his sub-lessee, successor, or assign, entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. Official Maps or Plans: Any maps or plans, but not including the Zoning Map, officially adopted by the Board of Commissioners as a guide for the development of the Town and surrounding area.

Outdoor Area: Any area outside the limits of the building, as defined by this Ordinance.

Outdoor Display: The placing or placement of merchandise in the Outdoor Area adjacent to a commercial establishment, for the purpose of the sale of such goods at that establishment to the public in the ordinary course of business.



Outdoor lighting: The nighttime illumination of an outside area or object by any manmade device located outdoors that produces light by any means. Outdoor Storage Yard: The area containing materials for sale by businesses such as building supply centers, lumber yards, and hardware stores, as allowed within the Town of Highlands use table. Additional specific use requirements apply in the Town of Highlands.

Owner: Any person having charge of any real property according to the records held by the Macon or Jackson County Register of Deeds. See also below for additional definition of “Owner” specific to Storm Water Management or Self Service Storage Facility.

Owner: For the purposes of Sec. 12.7, Storm Water Management, “Owner” shall mean the legal or beneficial owner of land including, but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. “Owner” shall include long-term commercial tenants, management entities, such as those charged with or engaged in the management of properties for profit, and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner unless the secured lender is included within the meaning of “owner” under another description in this definition, such as management entity. The term “Owner” also applies to a person, association, or corporation that gains possession of the property through default of a loan.

Owner, Self Service Storage Facility: The owner, operator, lessor, or sub-lessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to retrieve rent from an occupant under a rental agreement. Parcel: A tract of real property within the jurisdiction of this Ordinance. Parent: An affiliate that directly, or indirectly through one (1) or more intermediaries, controls another person.

Parks and Playgrounds: A park or playground available to the general public.

Parking Space, Dual-Use: A private parking space not being utilized by the primary use when closed for business, which may be shared, by written agreement, between the primary use and a restaurant when meeting the requirements of this Ordinance. Parking Space, Public: A public parking space either located within a public parking lot or on a public street. A public parking space may be used to count towards parking requirements for restaurants when meeting the requirements of this Ordinance. Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. Person Conducting Land-Disturbing Activity: Any person who may be held responsible for violation (unless expressly provided otherwise by this article), of the North Carolina



Sedimentation Pollution Control Act of 1973 (the Act), or any order adopted pursuant to this article or the Act as amended, and all rules and orders adopted pursuant to it.

Phasing Schedule: A schedule that sets forth the timing of the development of a development proposal, including, but not limited to, provision of necessary public facilities, the number of units, as applicable, and their location on the site. Place of Adult Entertainment: A place of adult entertainment is any place where one or more of the following activities take place:

A. The serving of food or drink by topless, partially nude, or nude waitresses/waiters;

B. Topless dancing, go-go dancing, stripping, nude or partially nude dancing, or similar entertainment or activities.

Plan, Phased Development: A development plan wherein the proposed development will be constructed incrementally in a logical time and geographical sequence according to an approved Phasing Schedule. Plan, Site: A plan, prepared to scale, showing accurately all information required by this Ordinance with respect to the development proposal. Plan, Site Specific Development Plan: A plan accepted by the Town describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the form of, but not limited to, a master plan developed with specificity or a conditional zoning plan. Unless specific items are exempted in writing by the Planning and Development Director, such a plan shall include the approximate boundaries of the site; significant topographic and natural features affecting development of the site; approximate dimensions of proposed structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways. Neither a sketch plan nor any other document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of a property shall constitute a site specific development plan. A variance shall not constitute a site specific development plan, and approval of a site specific development plan with the condition that a variance be obtained shall not confer a vested right unless and until the necessary variance is obtained.

Plan, Master: A comprehensive site plan incorporating multiple separate and distinct developments within one development; including but not limited to a Subdivision, a Planned Cluster Development or a plan that recombines multiple lots into a lesser number of lots.

Planning Board: The Town of Highlands Planning Board.

Private Social Club: A private social club or health club is any private association occupying or meeting regularly in a building owned or rented by said association for social or recreational purposes and offering membership to individuals. No residential use shall be permitted on the premises of a private social club other than one caretaker quarters. Such clubs shall include, but not be limited to, country clubs, health clubs, private spas, and exercise centers.



Redevelopment: For the purpose of Sec. 12.7, Storm Water Management, any rebuilding activity is considered redevelopment unless the rebuilding activity results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development. Restaurant: A restaurant is a place of business where food is prepared and served, and where seating is provided for the consumption of food. A business such as a bakery, delicatessen, or take-out pizza vendor, which prepares and sells food but at which food is not consumed on the premises, shall be considered a retail business rather than a restaurant under this Ordinance. Right-of-Way: An area owned or maintained by the Town of Highlands or the North Carolina Department of Transportation for the placement of roads or utilities. Roof Line: The edge of the roof around a building, where a building wall intersects the eave of a roof. School, Public or Private: A public or private institution offering a curriculum of education authorized by the State of North Carolina giving regular instruction at the primary, secondary level, or a school for the mentally or physically handicapped. Included in this definition are preschool programs. However, this definition does not include day care facilities, individual instruction, or classes in a specialized subject. Security lighting: Exterior lighting installed solely to enhance the security of people and property. Sediment: Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. Sedimentation: The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the LDA or into a lake or natural watercourse. Setback, Building Line: The minimum distance between a property line, road centerline, or right-of-way line and a building.

Setback, Wireless Communication: When referring to a Wireless Communication Facility, setback shall mean the required distance from the property line of the parcel on which the Wireless Communication Facility is located to the base of the Support Structure and equipment shelter or cabinet where applicable, or, in the case of guy-wire supports, the guy

anchors.

Shopping Center: Four or more commercial establishments planned, constructed and managed as a single unit containing a minimum of five thousand (5,000) gross square feet, and sharing common sidewalks, driveway entrances, or parking areas.

Sight Distance Triangle: That area immediately adjacent to a street intersection encompassed by a triangle ten (10) feet back from the intersection on one street and thirty-five (35) feet back along the perpendicular street.



Sign: A visual display designed to advertise, identify, direct, promote, or in any way attract attention to a product, service, business, event, person, or specific location.

Siltation: Sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed, and maintained control measures, and which has been transported from its point of origin within the site of a LDA, and which has been deposited, or is in suspension in water. Spill light: Light that goes beyond the area that was intended to be illuminated. This may also be the same as light trespass, where light spills across a property line. Storage, Facility, Flammable Liquid: Any facility, wholesale or retail, where flammable liquids are stored in tanks of more than one thousand (1000) gallons aggregate storage capacity. Storage Facility, Self-Service: Any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. Storm Drainage Facilities: The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey storm water through and from a given drainage area. Storm Event: A rainfall event with a specified precipitation amount during a specified duration of time and statistical frequency of occurrence. Storm, Ten-Year: The stormwater runoff resulting from precipitation of an intensity that is expected to be equaled or exceeded, on the average, once in ten (10) years, and of a duration that will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions as calculated according to procedures in the USDA, Soil Conservation Service's "National Engineering Field Manual for Conservation Practices", or according to procedures adopted by any other agency of North Carolina or the United States. Storm, Twenty-Five Year: The stormwater runoff resulting from precipitation of an intensity that is expected to be equaled or exceeded on the average, once in twenty-five (25) years, and of a duration that will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of North Carolina or the United States. Stormwater Administrator: The Planning and Development Director of the Town of Highlands or his authorized representative.

Stormwater runoff: In general, this is the surface flow of water resulting from precipitation in any form and occurring immediately after rainfall or melting. For the purpose of Sec. 12.7, Storm Water Management, the runoff of Stormwater from lands, paved surfaces, and buildings calculated from a particular storm event using hydrologic and hydraulic equations and methodologies.

Street: A dedicated right-of-way intended for vehicular traffic. The term "street" shall also



encompass "road."

A. Street, Public: A street offered for dedication to the public. If located outside the corporate limits of the Town of Highlands, "public" means the State of North Carolina; if located within the corporate limits, "public" may mean either the State of North Carolina or the Town of Highlands.

B. Street, Private: A street not offered for dedication to the public, but having an

established right-of-way used or intended to be used for vehicular traffic by more than one property. A driveway serving two or less properties shall not be considered a street.

Structure: Anything constructed or erected, including--in addition to buildings --walls, fences, gates, mailboxes, reflectors or mirrors associated with driveways, residential parking decks (whether constructed of fill dirt or retaining walls, or other methods), and private bridges or tunnels. Wireless communications facilities, as defined herein, shall be considered structures, and shall be regulated pursuant to this Ordinance. Structure, Water Dependent: Any structure in a Watershed Overlay District the use of which requires access to, proximity to, or siting within surface waters to fulfill its basic purpose, including boat ramps, boat houses, docks, and bulkheads. Ancillary facilities, such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not water dependent structures. Structure, Support: A Support Structure is a structure designed and constructed specifically to support an Antenna Array, and may include a monopole, self supporting (lattice) tower, guy-wire-support tower, and other similar structures. Any device (Attachment Device) which is used to attach an Attached Wireless Communication Facility to an existing building or structure (Attachment Structure) shall be excluded from the definition of and regulations applicable to Support Structures. Subdivider: Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. Subdivision: All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or building development, whether immediate or future, including all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition, nor be subject to the regulations of this Ordinance:

A. 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 Town as required by this Ordinance;

B. The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved;

C. The public acquisition by purchase of strips of land for the widening or opening of streets; or



D. The division of a tract 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 Town, as required by this Ordinance.

Tourist home: A building or part thereof, other than a motel or hotel, where sleeping accommodations of not more than four (4) rooms are provided for occasional transient paying guests with daily charge; tourist homes shall include bed and breakfast homes or inns. Town: The Town of Highlands, North Carolina, a political subdivision of the State of North Carolina. Toxic Substance: Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth), or physical deformities in such organisms or their offspring, or other adverse health effects. Tract: All contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership.

Use Designations Definitions:

A. Permitted: A use is allowed by right in the respective district. Such uses are subject to

all other applicable requirements of this Ordinance.

B. Special: A use is allowed only by a Special Use Permit, provided that the use meets the additional requirements imposed by the Town. Such uses are subject to all other applicable requirements of this Ordinance.

C. Limited: A use shall be permitted by right, provided that the use meets the additional requirements imposed by the Town. Such uses are subject to all other applicable requirements of this Ordinance.

D. Not Allowed: A use that is not allowed in the respective district.

Variance, Major: A variance in a Watershed Overlay District that results in any one or more of the following:

A. The complete waiver of a management requirement; B. The relaxation, by a factor of more than ten (10) percent, of any management

requirement that takes the form of a numerical standard; or C. The relaxation of any management requirement that applies to a development

proposal intended to qualify under the high density option. Variance, Minor: A variance in a Watershed Overlay District that does not qualify as a



major variance; one which, because of its limited scope, is delegated by the Environmental Management Commission to the local jurisdiction.

Velocity: The average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow. Wallpack: A wall-mounted luminaire. Watershed: The entire land area contributing surface drainage to a specific point (e.g. the water supply intake), defined as Watershed Overlay Districts on the Zoning Map. Watershed Administrator: The Planning and Development Director of the Town of Highlands or his duly authorized designee. Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wireless Communications: Wireless Communications shall mean any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, PCS (Personal Communication Services), SMR (Specialized Mobile Radio), ESMR (Enhanced Specialized Mobile Radio), paging, and similar services. Wireless Communication Facility: Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an Antenna Array, connection cables, an Equipment Facility, and a Support Structure to achieve the necessary elevation. Wireless Communication Facility, Attached: An Antenna Array that is attached to an existing building or structure (Attachment Structure), which structures shall include but not be limited to utility poles, signs, water towers, rooftops, towers with any accompanying pole or device (Attachment Device) which attaches the Antenna Array to the existing building or structure and associated connection cables, and an Equipment Facility which may be located either inside or outside of the Attachment Structure. Wireless Communication Facility, Co-location/Site Sharing: Co-location/Site Sharing shall mean use of a common Wireless Communication Facility or common site by more than

one wireless communication license holder or by one wireless license holder for more than one type of communications technology and/or placement of an antenna array on a structure owned or operated by a utility or other public entity.

Wireless Communication Facility, Temporary: A Wireless Communication Facility to be placed in use for ninety (90) or fewer days.



Working Days: Days exclusive of Saturday, Sunday, and legal Town holidays.

Zoning Administrator: The Planning and Development Director of the Town of Highlands or his duly authorized representative.

Zoning Board: The Town of Highlands Zoning Board of Adjustment.

Article 10: Infrastructure


Sec. 10.1 Improvement Requirements 10.1.1 General

Where land to be subdivided or developed is found to be subject to the conditions of flooding, improper drainage, severe erosion, slides, or to have other characteristics which pose an ascertainable danger to health, safety, or property, the subdivider, owner, or developer shall take measures necessary to correct said conditions and to eliminate said dangers. Proposed streets shall be adjusted to the contours of the land so as to produce accessible lots and streets of gradient as allowed by the applicable review authority.

A. See also Article 4, Applications and Permits, Article 12, Natural Resources and Environmental Protection, for other infrastructure requirements related to Erosion Control and Stormwater Management, and Article 15, Inspections, Violations and Enforcement.

B. Where the terms “subdivider”, “owner” or “developer” are used in this Section, they shall

refer to the person(s) or entity financially responsible for the construction and installation of the applicable infrastructure.

C. The word “street” includes “road”.

10.1.2 Infrastructure Review Authority See also Article 3, Administration and Review Authority, and Article 4, Applications and Permits, for additional information.

A. The minimum design, construction, and installation criteria for Utility and Infrastructure

specific to Public Water and Sewer Systems, Electrical Service, Public Streets maintained by the Town of Highlands or Private Streets, Sidewalks, Trails and other Infrastructure such as Bridges and Roadway Dams shall be found in the Town of Highlands Public Works Specifications Manual.

B. Streets which are subject to NCDOT review authority, as established by this Ordinance,

shall be designed and constructed in accordance with the requirements and standards set forth in the NCDOT Minimum Construction Standards for Subdivision Roads dated January 7, 1977 as amended. Should the policies and standards governing acceptance of subdivision streets by NCDOT into the State Highway System be altered, amended, reviewed, etc., such changes shall by reference be automatically incorporated into the provisions of this Ordinance.

C. Where individual systems for water and sewerage are to be used, a written statement or

letter of approval, or other documentation then currently in effect, from the Macon County and/or Jackson County Health Department shall be submitted with the preliminary plat, indicating that each lot has adequate land area and soil conditions suitable to accommodate the proposed methods of water supply and sewage disposal for at least some habitable dwelling otherwise permitted on said lot. The statement from the Health Department shall be based upon a field investigation, and such statement shall be submitted prior to preliminary plat approval.

Article 10: Infrastructure Section 10.1 Improvement Requirements


10.1.3 Surveying and Placement of Monuments "The Manual of Practice for Land Surveying," as adopted by the North Carolina Board of Registration for Professional Engineers and Land Surveyors, under provisions of Chapter 89C of the North Carolina General Statutes, shall apply when conducting surveys.

10.1.4 Required Easements

A. All easements shall be shown on the preliminary and final plats, site specific plans and master development plans.

B. All site plans and plats shall exhibit standard easement notes stating the type and

purpose of the easement along with a list of prohibited uses/activities within the easement.

C. An easement not less then ten (10) feet in width may be required in all subdivisions,

specific sites or master developments, where deemed necessary in order to provide for public service poles, wires, or conduits; storm or sanitary sewers; gas, heat, or water mains; or other utility lines. The subdivider, owner, or developer will provide a letter from the public service or utility provider with the preliminary plat submittal, noting the required easement width.

D. Where easements for utilities, drainage, or other are required outside of public rights-of-way, such easements should preferably be centered on rear or side lot lines.

E. Easements for other purposes, including but not limited to trails and greenways,

shared driveways, and/or encroachment access for maintenance of items such as subdivision short islands or medians, shall be designed for reservation or dedication as appropriate. See also Sec. 12.3.3, Riparian Buffer Zones and Measurement, for riparian buffer easements and Sec. 12.7.8, Stormwater Quantity Design Standards, for stormwater management easements that may be required.

10.1.5 Effect of Plat Approval on Dedications

Pursuant to N.C.G.S. 160A-374, the approval of a plat does not constitute or effect the acceptance by the Town or the public of the dedication of any street, public utility line, or other land or facility shown on the plat, and shall not be construed to do so. The Board of Commissioners may, however, in its discretion, and by separate resolution, explicitly accept any such dedication, and may also accept the responsibility to open, operate, repair, or maintain such street, public utility line, or other land or facility, provided the improvements have been installed in accordance with this Ordinance or other applicable Town of Highlands Standards and Ordinances.

Sec. 10.2 Ingress and Egress Designation All streets provided under this Ordinance shall be designated "public" or "private," in accordance with the approved final plat. 10.2.1 Dedicated and Publicly Maintained Streets

Designation as "public" shall be conclusively presumed an offer of dedication of a street to the public. However, in accordance with Sec. 10.1.5, Effect of Plat Approval on Dedications, final approval of a plat does not constitute or effect the acceptance by the

Article 10: Infrastructure Section 10.3 Streets


Town or the public of the dedication of any street. See also Sec. 10.6, Improvements and Installations. A. Public Streets Inside the Corporate Limits

If located within the corporate limits, "public" may mean either the State of North Carolina or the Town of Highlands.

B. Public Streets Outside the Corporate Limits

If located outside the corporate limits of the Town of Highlands, "public" means the State of North Carolina subject to N.C.G.S. 136-102.6.

10.2.2 Private Streets or Roads

A. Private Streets or Roads

“Private” shall mean any street that is either designated as a “Private Street” on the final plat or a street designated as “Public” on the final plan where such street is not accepted by the public authority.

B. Access Other Than Streets

1. Alleys Alleys shall be provided to the rear of all lots used for other than residential purposes. Alleys are prohibited in residential blocks, unless such are approved by the Board of Commissioners. All dead-end alleys shall be provided with a turn-around. Alleys shall be constructed in accordance with specifications issued by the Town and shall have a minimum right-of-way width of twenty (20) feet.

2. Driveways See Sec. 10.4, Driveway Entrances.

10.2.3 Responsibility for Maintenance

A. Public Streets Not Yet Accepted Unless or until such roads designated “Public Streets” are explicitly accepted by the Town or the State for maintenance, the subdivider or property owner’s association is required to maintain the street, drainage facilities and right-of-way of all public streets designated within a subdivision.

Prior to acceptance by the public authority, any street designated as “Public” shall be reviewed for construction and maintenance to the applicable public authority’s standards. Any street in non-compliance shall be improved to meet the standards. See also Sec. 10.6, Improvements and Installation.

B. Private Streets as Designated on Final Plat

An agreement shall be prepared, and recorded with the final plat, providing for perpetual ownership and maintenance of any and all private streets designated within a subdivision by a homeowner or property owners’ association. Alternatively, the subdivider may provide for maintenance of such streets by other method or means approved by resolution of the Board of Commissioners.



Sec. 10.3 Streets

10.3.1 Street Layout A. Relationship to Other Plans

The location and width of all proposed streets shall be in conformity with official plans and maps of the Town of Highlands, and with existing or amended plans of the Planning Board.

B. Future Streets

Where land is subdivided into larger parcels than ordinary building lots such parcels shall be arranged so as to allow for the opening of future streets and logical further re-subdivision. For the purposes of this Section “ordinary building lots” shall be defined as 1) the minimum lot size for single family residence or 2) a planned cluster development.

C. Continuation of Adjoining Street System

The proposed street layout and design shall be coordinated with existing and planned streets of the surrounding area with respect to location, alignment and cross-section. Where possible, existing principal streets shall be extended at least at the same width.

10.3.2 Street Classifications

Plans for all proposed streets, whether designated "public" or "private," shall be prepared in accordance with the applicable Specifications based on the following classifications of streets: A. Local Subdivision Roads

Such roads include the following:

1. Cul-De-Sacs. Both permanent and temporary dead-end streets shall be provided with a turn-around. For the purposes of this Section, a dead-end road is any road less than two thousand five hundred (2,500) feet in length;

2. Short Connecting Roads. One (1) block long or that extend on a block-by-block basis;

3. Loop Roads. Less than one (1) mile in length; and/or

4. Other roads that do not connect thoroughfares or serve major traffic generators. These roads do not have "collector" characteristics.

5. If public street lighting is desired and proposed for any new streets and is shown

on an approved Subdivision Plan, this Section shall apply. The owner, developer, or subdivider of property shall install street lighting via underground distribution along all proposed public streets and along all adjoining existing public streets in accordance with the following:



a) All underground and other electrical distribution systems for street lighting within the corporate limits of the Town of Highlands shall be installed in conformance with the standards adopted by the Town of Highlands.

b) The placement of street lighting fixtures in residential areas shall be at 160 to 200 foot intervals and at each intersection unless:

1. The roadway length is less than 200 feet, a street light is placed at the

intersection, and no natural features create a problem, in which case a street light will not be required at the end of the street; or

2. The vertical and horizontal street alignment or natural features necessitate shorter spacing intervals.

c) The Town will accept responsibility of the lights at the time streets are accepted for maintenance and all fees have been paid to the Town or power provider.

B. Collector Roads Such roads include the following:

1. Cul-De-Sacs. Both permanent and temporary dead-end streets shall be provided

with a turn-around. For the purposes of this Section, a dead-end road is any road less than two thousand five hundred (2,500) feet in length;

2. Connecting Roads. Connecting roads between the local subdivision roads and

the thoroughfare system; and/or

3. Loop Roads. More than one (1) mile in length. C. Access or Complex Roads

The minimum design standards for access roads or roads for centers and complexes will be reviewed individually on a site specific basis. Such roads are found within the boundaries of site specific or master development plan and may include the following:

1. Public and Civic Access Roads; 2. Commercial Complex or Access Roads;

3. Professional Office or Studio Complex or Access Roads; 4. Industrial Access Roads; and/or 5. Multi-Family or Apartment Complexes

10.3.3 Related Road Infrastructure

The Town of Highlands discourages the location of roadways on dams. The location of any bridges or roadway dams, whether private or public, must be shown on the



preliminary plat and shall be approved by the Town Engineer per the process described in Sec. 10.2.1, Dedicated and Publicly Maintained Streets.

A. Private Bridges or Roadway Dams

Bridges or Roadway Dams to be privately maintained shall meet all applicable State of North Carolina codes and requirements.

B. Public Bridges or Roadway Dams

1. Bridges or Roadway Dams to be built by private interest for future acceptance by the NCDOT State-Maintained System shall be permitted as allowed by the codes and requirements of applicable State of North Carolina departments and reviewed and constructed per NCDOT and NCDENR specifications.

2. Bridges or Roadway Dams to be built by private interest for future acceptance by

the Town of Highlands shall be permitted as allowed by the codes and requirements of applicable State of North Carolina departments and reviewed and constructed per the Town of Highlands Public Works Specifications Manual. This shall also include a review of proposed bridge materials for appearance and aesthetics only by the Town Engineer or if he so authorizes, by the Planning Board.

10.3.4 Street Right-of-Way

A. A proposed public street intended for inclusion in the NCDOT State-Maintained

System must meet NCDOT Minimum Construction Standards for Subdivision Roads. B. All other proposed streets whether designated a Town of Highlands Public Street or

Private Street shall allow for a right-of-way width of at least forty (40) feet, and must allow a width of at least twenty (20) feet on each side of the centerline.

C. When an existing street is intended to be used as access to lots in a subdivision, in cases where such streets do not currently have a right-of-way, such right-of-way must be provided if possible from the parcel being subdivided; if the land lying directly across the street from the subdivision is of such size that it could be subdivided in the future, then the right-of-way thus provided shall be not more than twenty feet from the centerline of the street.

10.3.5 Street Intersections

A. Ingress and Egress. No street providing access to a property shall be located along the public streets or State roads unless permitted in writing by the Town of Highlands. Street access along State roads must also be permitted in writing by NCDOT.

B. The most desirable intersections are those with angles of seventy-five to ninety (75

to 90) degrees. Intersections with angles from sixty to seventy-five (60 to 75) degrees are acceptable under extreme conditions.



C. Minimum sight distance for stop condition when connecting to existing public maintained roads is seventy (70) feet along the existing road right-of-way and ten (10) feet along the new road right-of-way as illustrated by Figure 1. If the right-of-way is not defined then measurement shall be fifteen feet (15) from edge of pavement or twenty-five (25) feet from centerline of road.

D. All internal intersections shall have a minimum twenty (20) foot radius.

E. Unusual designs such as "Bubble Type" configurations to allow for more lots will not

be allowed.

F. See also related Article 13, Sign Standards, and Sec. 10.4, Driveway Entrances.

10.3.6 Street Paving

A. Public Streets All streets designated “public” shall be paved in accordance with the applicable review authority standards and specifications.

B. Private Residential Subdivision

Hard surface paving such as asphalt or concrete is optional for single family residential subdivision streets designated “private”; however, they shall in all other respects meet the requirements of Town Ordinances.

C. Commercial Subdivisions

All streets in commercial or multi-family subdivisions, whether public or private, shall be paved.

10.3.7 Street Names

Figure 1



Proposed streets, which are obviously in alignment with others existing and named, shall bear the assigned name of the existing streets. In no case shall the name of the proposed streets duplicate or be phonetically similar to existing street names, irrespective of the use of the suffix (such as street, avenue, boulevard, drive, place, court, etc.). Street names shall be reviewed and approved by Macon County or Jackson County, depending on jurisdictional location. A copy of the approved street names shall be provided to the Planning and Development Director as part of any required submittal.

10.3.8 Islands or Short Medians at Subdivision Entrances The Town of Highlands will review requests for the allowance of islands or short medians desired for aesthetics at the entrance to a subdivision on an individual basis. Approval will be with the following requirements:

. A. The person requesting the island or short median shall submit a letter and site plan

to the Planning and Development Director. Additional information shall be provided as requested by the Planning and Development Director as necessary to render a recommendation to the Board of Commissioners.

B. If the subdivision street is intended to be public maintained by the NCDOT State-

Maintained System, the person requesting the island or short median shall submit a letter showing NCDOT has granted approval for the request.

C. The homeowner or property owners association will maintain the island or the

median section whether street is designated Public or Private. An agreement shall be prepared, and recorded with the final plat, providing for perpetual maintenance by a homeowner or property owners’ association of any and all islands or short medians designated within a subdivision.

1. Alternatively, the subdivider may provide for maintenance of such streets by

other method or means approved by resolution of the Board of Commissioners; and

2. An encroachment agreement for maintenance access will be required per the

requirements of Sec. 10.1.4, Required Easements. D. The island or the median section will be removed by the Town of Highlands if not

properly maintained by someone involved with the subdivision, i.e. developer, homeowners, etc. The homeowners or property owners association will pay for the removal and any related street repairs.

E. The location will be outside the line of sight at the entrance intersection. F. The minimum lane width at the entrances, excluding curb and gutter will be fourteen

(14) feet. G. All other applicable standards of this or other Town Ordinances, including but not

limited to roadway, landscape, lighting, and signage, will apply. 10.3.9 On-Street Parking

Article 10: Infrastructure Section 10.4 Driveway Entrances


On-Street Parking is prohibited in the Town of Highlands except for the following locations (see also Article 9, Parking and Loading): A. Existing on-street parking located in the B-1 Business District. B. On-street parking approved by Special Use Permit for Planned Cluster

Developments.

Sec. 10.4 Driveway Entrances The following apply to all driveway entrances within the Town of Highlands, except that residential driveways to single family lots are exempted from the paving and signage requirements, however, they shall in all other respects meet the requirements of Town Ordinances.

10.4.1 Driveway Entrance Requirements

All lots to be platted within the jurisdiction of the Town of Highlands shall have access to a street by a driveway. See also Article 8, Dimensional and Density Standards, and Article 9, Parking and Loading. See also additional requirements for driveways under Sec. 12.5, Steep Slope Protection. A. Driveway Ingress and Egress

No driveways providing access to the property shall be located along the public streets or State roads unless permitted in writing by the Town of Highlands. Driveway access along State roads must also be permitted in writing by NCDOT. See also Sec. 10.3.5, Street Intersections.

B. Shared Driveways

A driveway serving two (2) or less lots shall not be considered a street but must be approved by the Planning and Development Director, under the following conditions:

1. The person(s) requesting the shared driveway shall submit a letter and site plan

to the Planning and Development Director. Additional information shall be provided as requested by the Planning and Development Director as necessary to render an opinion; and

2. The shared driveway must be provided for through proper easements or title documents as appropriate.

3. All other driveway requirements in this section must be met.

C. Driveway Intersections

Driveways serving parking areas or providing access to lots shall be so located so that drivers of exiting vehicles can see far enough in both directions to be able to safely enter the highway. No obstruction to vision--such as a fence, wall, shrub, or sign-- shall be permitted within ten (10) feet of the driveway, nor shall a driveway be permitted within twenty (20) feet of an intersection. See also Sec. 10.3.5, Street Intersections.

Article 10: Infrastructure Section 10.4 Driveway Entrances


D. Driveway Design Standards Driveways shall not exceed fourteen (14) degrees in slope, and shall be at least twelve (12) feet in width for one-way driveways and twenty (20) feet in width for two-way driveways as illustrated in Figure 2.

E. Driveway Signage

One-way driveways shall be clearly marked with ENTER and EXIT signs.

F. Driveway Paving A minimum driveway apron of ten (10) feet shall be provided at the driveway entrance between the thoroughfare and the parking area. The driveway apron shall be paved with a hard surface such as asphalt, concrete, or paving brick. The rest of the driveway entrance to the parking area shall conform to Sec. 9.1.5, Paving, Striping and Signage.

G. Driveway Drainage

A culvert of adequate size shall be installed whenever a driveway crosses a drainage ditch.

H. Driveway Curb Cuts Whenever a new driveway is installed where there is an existing curb cut, and the driveway does not use the existing curb cut, a new concrete curb cut and apron shall be installed and the old curb cut shall be abandoned and replaced with an appropriate curb and gutter and, if appropriate, a landscape strip and sidewalk.

Sec. 10.5 Pedestrian Mobility

Figure 2

Article 10: Infrastructure Section 10.5 Pedestrian Mobility


10.5.1 Sidewalks

“The Town of Highlands Master Sidewalk Plan" is adopted simultaneously herewith, may be amended from time to time in accordance with Article 4 of this Ordinance, and shall be permanently kept on file in the office of the Town Clerk. See also sidewalk requirements outlined in Sec. 6.3.2, Multi-Family Dwelling, Item D, and the intent statement in Sec. 5.3.1, B-1 Business District.

A. Responsibility to Construct Whenever a new commercial building is constructed on property that adjoins a segment of "The Town of Highlands Master Sidewalk Plan" identified as "Future Commercial," it shall be the responsibility of the owner of the property to construct that segment of said sidewalk which adjoins his property.

B. Standards and Requirements

1. Sidewalks shall have a minimum width of five (5) feet. 2. Sidewalks should preferably be placed within the street right-of-way. 3. See also Sec. 6.5.4, Outdoor Display of Merchandise, for additional

requirements for private sidewalks intended for outdoor display. 4. The sidewalk shall be of a type and design approved by the Town of Highlands,

and shall be provided with curb cuts for handicap access at any driveways. 5. In accordance with N.C.G.S. 136-44.14, all street curbs in North Carolina being

constructed or reconstructed for maintenance procedures, traffic operation, repairs, correction of utilities or altered for any reason shall provide wheel chair ramps for the physically handicapped at all intersections where curb and gutter is provided and at other major points of pedestrian flow.

6. Wheel chair ramps and depressed curbs shall be constructed in accordance with

details contained in the Department of Transportation, Division of Highway's publication entitled, Guidelines, Curb Cuts and Ramps for Handicapped Persons.

10.5.2 Trails and Paths

Includes trails and paths constructed within the Highlands Greenway, as shown on the Town of Highlands Greenway Plan Map.

A. Responsibility to Construct [reserved]

B. Responsibility to Maintain [reserved]

C. Standards and Requirements

Article 10: Infrastructure Section 10.6 Improvements and Installations


1. Surfaces of trails and paths may be a maximum of ten (10) feet in width, and may consist of asphalt or any other impermeable or permeable surfaces.

2. Trails and paths must possess a cross slope of two percent (2%) directed away

from any adjacent perennial waterways. 3. In addition, to insure proper stormwater runoff, catch basins with drains and

underground culverts may be required. 4. See also Sec. 12.3, Riparian Buffers.

Sec. 10.6 Improvements and Installations

10.6.1 Procedures

A. Improvements at Preliminary Plat Approval

Upon approval of the preliminary plat by the Board of Commissioners, the subdivider may proceed with the preparation of the final plat, and the installation or arrangement for required improvements in accordance with the approved preliminary plat, the requirements of this Ordinance, or any requirements imposed by the Board of Commissioners as a precondition for approving the preliminary plat. 1. Following approval of the preliminary plat by the Board of Commissioners, all

public and private streets shall be installed strictly in accordance with the plans submitted and approved. The installation of all streets, whether designated "public" or "private," shall be inspected by the Town Engineer, or by another person qualified to inspect street installation as designated by the Town of Highlands, at the subdivider's expense, in accordance with the inspection schedule established by the qualified design professional, to ensure that the streets are installed according to the plans submitted and approved. The subdivider shall be responsible for notifying the Town Engineer in adequate time for the inspections to be made.

2. The subdivider's qualified design professional shall submit a written report certifying that the private and public streets have been installed in accordance with the plans submitted and approved. The Board of Commissioners shall not approve the final plat, nor accept the responsibility to open, operate, repair, or maintain subdivision streets designated "public," until such report has been submitted.

3. See also Sec. 4.4.3, Performance Guarantee.

4. See also Article 15, Inspections, Violations and Enforcement.

5. Upon approval of the preliminary plat by the Board of Commissioners, the

subdivider may proceed with the installation of streets, utilities, all required improvements, and any improvements considered desirable by the subdivider which are neither in conflict with this ordinance nor in conflict with any other applicable regulations. If and when a building permit is required (such as when

Article 10: Infrastructure Section 10.7 Wireless Communication Facilities


buildings are to be erected concurrently with the required improvements), then such permit may be issued only to the subdivider and only after the approval of the preliminary plat by the Board of Commissioners. The issuance of building permits in such cases is contingent upon compliance with all applicable laws, rules, and regulations. Compliance with this Ordinance is specifically required prior to the issuance of the building permit. Such preliminary approval and issuance of building permits to the subdivider shall in no way alter the requirement that the final plat be approved by the Board of Commissioners prior to the sale or transfer of land in the subdivision or prior to recording of the plat. All public utilities, and all streets, public or private, shall be constructed by an appropriately licensed North Carolina contractor and under the direct supervision of a registered engineer or duly qualified design professional in responsible charge of the project.

B. Improvements at Final Plat Approval Prior to approval of the final plat or the sale of any lot in the subdivision, the subdivider shall have installed improvements specified in this Ordinance, or guaranteed their installation by method or means approved by resolution of the Board of Commissioners.

Sec. 10.7 Wireless Communication Facilities

10.7.1 Development Standards See also Article 6, Use Regulations, and Article 11, Landscape, Screening and Buffers, and Article 13, Sign Standards, for additional requirements for Wireless Communication Facilities. See Sec. 6.6.3, Preferred Locations for Wireless Communication Facilities and Applicability, Table A. A. Height Standards

The following height standards shall apply to all Wireless Communication Facility installations:

1. Attached Wireless Communication Facilities. Such facilities shall not add more

than twenty (20) feet to the height of the existing building or structure to which it is attached (Attachment Structure). However, antenna attachments to existing communication towers shall not increase the height of tower above the maximum original permitted height of that tower;

2. Wireless Communication Facilities with Support Structures identified in Sec. 6.6.3, Preferred Locations for Wireless Communication Facilities and Applicability, Table A, shall have a maximum height as set out in Table A; and

3. Wireless Communication Facilities subject to Zoning Board of Adjustment

approval shall be reviewed on a case by case basis as part of the Special Use Permit process. However, the height of such facilities should be consistent with the height standards indicated in Sec. 6.6.3, Preferred Locations for Wireless Communication Facilities and Applicability, Table A, for similar properties in



similar locations, and shall take into consideration ground elevations, topographical conditions, and other site development criteria within this Ordinance.

B. Setback Standards

The following setback standards shall apply to all Wireless Communication Facility installations:

1. Attached Wireless Communication Facilities shall meet the setback provisions of

the underlying zoning district in which they are located. However, an Attached Wireless Communication Facility Antenna Array may extend up to thirty (30) inches horizontally beyond the edge of the Attachment Structure so long as the Antenna Array does not encroach upon an adjoining parcel; and

2. Wireless Communication Facilities with Support Structure, although considered structures, shall meet the setback requirements for buildings in the underlying zoning district in which they are located.

C. Aesthetics, Placement, Materials, and Colors

The following standards shall apply to all new Antenna Arrays and new Wireless Communication Facilities:

1. Antenna Array Attachments shall be designed so as to be compatible with the

Wireless Communication Facility to which it is to be affixed, including but not limited to matching the proposed array with existing structural design, facade colors, and camouflage technology; and

2. New Wireless Communication Facilities shall be designed to be compatible with

existing structures and surroundings to the extent feasible. The proposed Wireless Communication Facility should be consistent with the tower type and height standards indicated in Sec. 6.6.3, Preferred Locations for Wireless

3. Communication Facilities and Applicability, Table A, for similar properties in similar locations, including but not limited to considerations of scale and space of the immediate vicinity of the new facility, placement in a location which is consistent with proper functioning of the Wireless Communications Facility, the use of compatible or neutral colors, and camouflage technology.

D. Lighting

The following lighting requirements shall apply to all Wireless Communication Facility installations. Wireless Communication Facilities shall not be artificially illuminated, directly or indirectly, except for the following:

1. Security and safety lighting of equipment buildings if such lighting is appropriately

down shielded to keep light within the boundaries of the site and does not exceed one hundred (100) watts;

2. Such illumination of the Wireless Communication Facility as may be required by

the FAA or other applicable authority installed in a manner to minimize impacts on adjacent residences; and



3. Unless otherwise required by the FAA or other applicable authority, the required

light shall be red and a type of lens used to reduce ground lighting when the site is within one hundred (100) feet of a residential dwelling.

E. Radio Frequency Emissions/Sound

The following radio frequency emissions standards shall apply to all Wireless Communication Facility installations:

1. Radio Frequency Impact. The FTA gives the FCC jurisdiction of the regulation of

Radio Frequency (RF) emissions, and Wireless Communication Facilities that do not exceed the FCC standards shall not be conditioned or denied on the basis of RF impact;

2. FCC Compliance. In order to provide information to its citizens, copies of

ongoing FCC information concerning Wireless Communication Facilities and RF emissions standards may be requested from time to time. Applicants for Wireless Communication Facilities shall be required to provide information with the application on the measurement of the effective radiated power of the facility and how this meets the FCC standards;

3. Sound Prohibited. No unusual sound emissions such as alarms, bells, buzzers

or the like are permitted; and 4. Structural Integrity. Wireless Communication Facilities with Support Structures

shall be constructed to the Electronics Industries Association / Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antennas Towers and Antenna Support Structures" (or equivalent), as it may be updated and amended. Each Support Structure shall be capable of supporting multiple Antenna Arrays.

F. Co-location Support Structure Design

All Wireless Communication Facilities with a support structure up to a height of one hundred and fifty (150) feet shall be engineered and constructed to accommodate at least three (3) Antenna Arrays. All Wireless Communication Facilities with a support structures greater than a height of one hundred and fifty (150) feet shall be engineered and constructed to accommodate at least four (4) Antenna Arrays.

Article 11: Landscape, Screening and Buffers


Sec. 11.1 General To protect and preserve the natural environment and beauty of the Town of Highlands, the planting of locally adapted and native material is strongly encouraged in landscape and buffer areas. All proposed plants shall generally conform to the official Recommended Plant List of suitable plant types, which shall be maintained in the office of the Planning and Development Director. Approved plants need not match specific plants in the list, but the plants shall follow the parameters defined by the list as determined by the Planning and Development Director. Sec. 11.2 Vegetation Protection and Restoration 11.2.1 General

A. Where a commercial building project is planned or anticipated, no tree in any commercial zoning district shall be removed except upon issuance of a land disturbance permit per Sec. 12.4, Soil Erosion and Sedimentation Control.

B. For projects in all other zoning districts, all tree removal shall comply with the

requirements of Sec. 12.4, Soil Erosion and Sedimentation Control. C. See also Sec. 15.3.6, Equitable Remedies.

11.2.2 Tree Protection

The Town of Highlands strongly encourages property owners to save any existing tree eighteen (18) inches or more in diameter whenever possible. No large or medium tree eight (8) inches DBH or greater shall be removed in any commercial or other non-residential zoning district, except upon obtaining required approvals for a commercial building project or upon issuance of a tree removal permit by the Planning and Development Director upon report from an ISA (International Society of Arboriculture) certified arborist for one of the following reasons:

A. When the tree is dead, diseased, infected, or infested; or B. When the tree, as a result of storm, fire, accident, or other acts of nature, places life,

limb, or property in immediate jeopardy.

11.2.3 Vegetation Protection in Buffers

A. Vegetation that exists within the designated landscape buffer areas of the property shall not be removed unless the required plan submittal and review finds that:

1. The majority of the existing vegetation is comprised of dead, damaged or

undesirable tree and vegetative species as determined by a certified arborist or other duly qualified professional; or

2. The removal of some or all of the existing vegetation is required for the

installation of utilities, trails or planned roadway improvements.

Article 11: Landscape, Screening and Buffers Section 11.2 Vegetation Protection and Restoration


11.2.4 Vegetation Protection Around Wireless Communication Facilities

The landscape plan for Wireless Communication Facilities shall work to achieve the following land form preservation and minimum site disturbance in order to preserve existing vegetation to the extent possible.

A. Existing mature tree growth and natural land form on the site shall be preserved to

the extent feasible; provided however, that vegetation that causes interference with the antennas of or inhibits access to a Wireless Communication Facility may be trimmed or removed.

B. Grading for the new Wireless Communication Facility shall be minimized and limited

only to the area necessary for the new facility. 11.2.5 Vegetation Restoration

A. Expiration of Zoning Certificate Before Project Completion

The owner of any parcel of commercial property upon which any grading, excavating, or under brushing is performed, or any trees are removed under a Zoning Certificate, shall agree under the terms of said Certificate that if said Certificate expires before completion of the project, then he shall immediately plant or cause to be planted at his expense such grass, ground cover, shrubbery, trees, or other landscaping measures or devices as may be necessary to: 1. Stabilize any uncovered areas; and 2. Restore the parcel of property as closely as possible to its condition prior to

issuance of a Zoning Certificate.

B. If the owner fails in the opinion of the Planning and Development Director to adequately stabilize and restore the parcel of property within a time that the Planning and Development Director deems just, feasible, and appropriate, (i.e., one planting period), then the Planning and Development Director is authorized to enter in and upon said property and plant or cause to be planted, at the owner's expense, by the attachment of a lien or from the building permit fees, such grass, ground cover, shrubbery, trees, or other landscaping measures or devices as the Planning and Development Director may deem necessary to accomplish this objective; provided, however, the minimum requirements of landscape areas of a commercial building project are met.

C. The owner shall agree and execute the appropriate documentation as prepared by the Planning and Development Director that the expense of such restoration shall be an encumbrance on the land binding subsequent owners of the property.

D. See also Sec. 15.3.6, Equitable Remedies.

Article 11: Landscape, Screening and Buffers Section 11.3 Vehicular Use Area Landscaping


Sec. 11.3 Vehicular Use Area Landscaping All new parking areas for commercial buildings shall provide Vehicular Use Area Landscaping as illustrated in Figure 1. Each required Landscape Area and Landscape Strip as described below shall be adequately covered with trees, shrubs, or a combination of both. Additional screening may also apply, per Sec. 11.4, Landscape Buffers and Screening.

11.3.1 Landscape Areas

All new parking areas for commercial buildings provided under this Ordinance which contain more than five (5) parking spaces shall be provided with one (1) or more landscape areas equal in area to not less than ten percent (10%) of the total area of the parking lot, including parking spaces, access aisles, and that portion of the driveway entrance not located within public rights-of-way. Such landscape areas shall be located either adjacent to the parking lot or within the parking lot, but may not be located within any public right-of-way. Each required landscape area of a new commercial building project of two thousand five hundred (2500) square feet must contain at least one (1) large or medium canopy tree or, as an alternative, each landscape area of nine hundred (900) square feet must contain at least one (1) small flowering understory tree. Any landscape area exceeding fifty (50) square feet in area must contain at least one (1) tree.

11.3.2 Landscape Strip

All new parking areas for commercial buildings which contain more than forty (40) parking spaces shall be provided with a landscape strip five (5) feet minimum width between the parking lot and any adjoining public right-of-way. Any landscape strip exceeding twenty (20) feet in length must contain at least one (1) tree for every twenty (20) feet of the landscape strip.

Article 11: Landscape, Screening and Buffers Section 11.3 Vehicular Use Area Landscaping


Figure 1

Article 11: Landscape, Screening and Buffers Section 11.4 Landscape Buffers and Screening


Sec 11.4 Landscape Buffers and Screening See also Article 12, Natural Resources and Environmental Protection, for all Riparian Buffer Standards.

11.4.1 General

A landscape buffer or screen shall be required on new development of parcels adjacent and parallel to a major street or a commercial or industrial development or multi-family development. This buffer strip width shall be measured from the street right-of-way, back of curb, property line or whichever is most restrictive. This strip shall be reserved for the planting of trees and shrubs or other screen by the subdivider, owner, or developer.

A. Intent

A landscape buffer is intended to provide adequate separation and screening from adjoining uses to enhance the visual image of the Town and promote public health, welfare and safety by:

1. Reducing noise pollution, air pollution and artificial light glare within the Town;

and 2. Increasing compatibility between abutting land uses and public rights-of-way by

providing screening and buffers.

B. Standards The landscape buffer or screen may be achieved with existing vegetation, landscaped rock or stone walls, fences, landscaped earthen berms, hedges, new landscaping or a combination of the aforementioned materials that provide an effective visual barrier during all seasons. The following standards shall apply to specific types of landscape buffer or screen materials:

1. New plant types shall consist of a combination of deciduous, coniferous, and

ornamental trees and shrubs at a density that provides a year round screen and landscape buffer;

2. Each landscape buffer shall be adequately covered with trees, shrubs, or a

combination of both; 3. Existing vegetation on a site may be used in lieu of required landscaping where

approved by the Planning and Development Director or the Zoning Board of Adjustment, as may be applicable;

4. Landscape buffer density may be increased with supplemental planting utilizing

adapted or native plant species; 5. Landscape buffers shall be substantially opaque. This shall mean that all visual

contact is substantially screened by the buffer between the site interior to the buffer and the abutting lands except that the lowest one (1) foot of height may allow visibility. The opaque portion of a buffer shall be opaque year-round;



6. Additional new screening may be required by the Special Use Permit if existing

vegetation consists of dead, damaged or unhealthy species; or, consists of a type or quantity of vegetation that does not provide the density to achieve a year-round screen; and

7. The sufficiency and composition of a landscape buffer reviewed by the Planning

Board shall be determined on a project by project basis.

11.4.2 Landscape Buffer Table

Category Type

Dimension (Min. Width)

Zoning Category

Primary Use Adjacent Use / Zoning

Landscape Buffer Type 1 10 feet Non-residential Parking Residential

Type 1 10 feet Residential Residential Major Street /

Commercial Industrial

Type 1 10 feet B-4

New Building / Parking or any Building / Parking

Converted to Commercial Use

Public ROW / Residential Property

Line

Type 1 10 feet All Stormwater Management

Facilities and Devices All

Type 2 40 feet R-3 Multi-Family

Public ROW / Property Line (of Any Zoning

District or Type

Type 3

Between Edge of Pavement and

ROW line All All All

Type 4 10 feet, including a required fence

Only where Wireless is

allowed New Wireless

Communication Facility All



11.4.3 Landscape Buffer Types Defined

A. Landscape Buffer Type 1 As illustrated in Figure 2. 1. In addition to any landscape areas and landscape strips required for parking lots,

a ten (10) foot wide landscape buffer shall be provided between any new building or parking area constructed in the B-4 zoning district, or any existing building converted to a commercial use, and (1) property zoned residential, and (2) the right-of-way line of any public or private road.

2. A ten (10) foot wide landscape buffer is required in any Zoning District between

commercial parking and residential. 3. A landscape buffer strip at least ten (10) feet in width shall be required adjacent

to a major street or a commercial or industrial development. 4. Outdoor storage yards which adjoin or are visible from a public road and

adjoining property shall be screened by appropriate fencing or ten (10) foot wide landscape buffer.

5. New stormwater management facilities and devices shall be landscaped with a

minimum landscaped area of ten (10) feet around the perimeter. 6. Type 1 buffers shall meet the following standards:

a. Two (2) staggered rows of plant material five (5) feet on center, six (6) feet minimum height at installation, eight to ten (8-10) feet height in three (3) years.

b. [Reserved]



Figure 2



B. Landscape Buffer Type 2

A green vegetative buffer contiguous with public road rights-of-way (Right-of-way setbacks from a North Carolina or U.S. primary route) and adjoining property lines shall be maintained as green buffers, as illustrated in Figure 3, between Multi-Family, and (1) any property line and (2) the right-of-way line of any public or private road meeting the following standards:

1. The buffer area shall be a mixture of various trees and shrubs, with a minimum

width of forty (40) feet or as required by this Ordinance;

2. There shall be two (2) staggered rows of planting material placed five (5) feet on center that are a minimum of six (6) feet in height when installed, and that are expected to achieve a height of eight to ten (8-10) feet within three years. Height is measured from the proposed average ground surface elevation immediately adjacent to the buffer; and

3. Landscaped earthen berms shall be constructed of clean, suitable native or

borrow soil material. The finished slopes shall not exceed 1:3 (rise:run).

C. Landscape Buffer Type 3 Existing vegetation within a public right-of-way from a North Carolina or U.S. primary route shall be protected in place, as illustrated in Figure 3. Use of the right-of-way setback buffer area shall be limited to roadway access to the property. See Article 8, Dimensional and Density Standards, Sec. 8.1.2, Requirements and Exceptions, Item A.4 for procedure to establish the setback line when a right-of-way is not defined.



D. Landscape Buffer Type 4 New Wireless Communication Facilities with Support Structures and Attached Wireless Communication Facilities with new building construction shall be landscaped with a minimum landscaped area of ten (10) feet around the perimeter of the security fence meeting the following standards:

Figure 3

Article 11: Landscape, Screening and Buffers Section 11.5 Installation and Maintenance


1. One (1) row of evergreen trees with a minimum caliper of two and one-half (2.5) inches shall be installed with a maximum spacing of fifteen (15) feet; and

2. Evergreen shrubs capable of creating a continuous hedge and obtaining a height

of at least five (5) feet shall be planted with a maximum spacing of five (5) feet. Plants shall be at least five (5) gallon container plants or 42 inches tall at the time of planting.

3. Fencing. Wireless Communication Facilities with Support Structures shall be

enclosed by an opaque fence not less than six (6) feet in height, consisting of either chain-link with a fabric mesh or slatted wood. Security features may be incorporated into the buffer and landscaping requirements for the site. Nothing herein shall prevent fencing that is necessary to meet requirements of State or Federal agencies.

Sec 11.5 Installation and Maintenance 11.5.1 Installation of New Landscape Areas and Buffers

A. New plantings in the landscaping areas and or buffers shall be reasonably

maintained and attended for a period of not less than eighteen (18) months to promote successful establishment thereof.

B. When any trees or shrubs in such areas die, as determined by the Planning and

Development Director, they must be replaced during the next suitable planting season and shall meet the planting requirements outlined per the original approved landscape and buffer plans.

C. See also Sec. 15.3.6, Equitable Remedies.

11.5.2 Maintenance of Landscape Buffers A. Buffers must be perpetually maintained and preserved by the property owner or

owners association. Buffers shall be maintained in a healthful and sound condition at all times to meet the criteria of this section. Buffer shall be noted on one of the following documents as a condition of approval:

1. Conservation Easement; 2. Duly Recorded As Built Site Plan; or 3. Restrictive Deed Covenant.

B. Maintenance of buffers is a continuing special condition of the Special Use Permit.

Article 12: Natural Resources and Environmental Protection


Sec. 12.1 General This Article is not intended to modify or repeal any provision of State or Federal Law. The requirements of this Article are in addition to the other provisions of law. Where any provision of this Article imposes restrictions different from those imposed by any other State or Federal Law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare shall control. Sec. 12.2 Flood Damage Prevention Floodplain management in the Town of Highlands is regulated by Article 16, Flood Damage Prevention Ordinance. Sec. 12.3 Riparian Buffers

12.3.1 Purpose and Intent

This Section applies to LDAs and other improvements to land lying adjacent to all lakes and natural watercourses.

12.3.2 Exemptions

Projects on, over or under water. This provision shall not apply to a land-disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse.

12.3.3 Riparian Buffer Zones and Measurement Unless otherwise provided in Item C, Undisturbed Trout Buffer, of this Section, the width of a buffer zone is measured horizontally from the edge of the water landward to the nearest edge of the disturbed area as illustrated by Figure 1.

Figure 1

Article 12: Natural Resources and Environmental Protection Section 12.3 Riparian Buffers


A. Minimum Vegetative Buffer

No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided landward along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land-disturbing activity as illustrated by Figure 2.

B. Watershed Overlay Vegetative Buffer A vegetative buffer for development activities is required landward along all perennial and intermittent surface waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps for these Overlay Districts:

1. Within the WS-III-BW Watershed Overlay District, a minimum thirty (30) foot

vegetative buffer; and

Figure 2

__________________________________________________ Article 12: Natural Resources and Environmental Protection Section 12.3 Riparian Buffers


2. Within the WS-II-BW, WS-II-CA and WS-III-CA a minimum fifty (50) foot vegetative buffer.

A perennial or intermittent surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent complete version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS).

C. Undisturbed Trout Buffer Waters that have been classified as trout waters by the Environmental Management Commission shall have an undisturbed buffer zone twenty-five (25) feet wide or of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land-disturbing activity, whichever is greater.

Trout buffer measurement. The twenty-five (25) foot minimum width for an undisturbed buffer zone adjacent to designated trout waters shall be measured horizontally from the top of the bank to the nearest edge of the disturbed area.

12.3.4 Limited Activity Permitted Within and Adjacent to Riparian Buffers

These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater Best Management Practices. These activities are permitted within the Standard or Watershed Overlay Buffers only. They are not permitted in the Undisturbed Trout Buffer except as listed in Items B.2 and E below:

A. No new development is allowed in the Minimum Vegetative Buffer or Watershed

Overlay Buffer except for water dependent structures and public projects such as road crossings and greenways where no practical alternative exists;

B. Trails and paths as shown on the Town of Highlands Greenway Plan Map are

allowed to be installed within a fifty (50) foot buffer minimum areas under the following conditions: 1. For all Riparian Buffers other than Trout Buffers, a minimum twenty (20) foot

vegetative buffer must be preserved undisturbed between the perennial stream and the nearest edge of the Greenway;

2. For Trout Buffers, a minimum twenty-five (25) foot undisturbed buffer must be

preserved between the perennial stream and the nearest edge of the trail or path; and

3. Trail and paths shall be constructed per standards in Sec. 10.5.2, Trails and

Paths;

C. Desirable artificial streambank or shoreline stabilization is permitted;

Article 12: Natural Resources and Environmental Protection Section 12.3 Riparian Buffers


D. Such buffers shall be composed of any of the recommended locally adapted and native species. This plant list shall be maintained in the office of the Planning and Development Director; and

E. The Environmental Management Commission may approve plans that include land-disturbing activity along trout waters when the duration of said disturbance would be temporary and the extent of said disturbance would be minimal.

1. Limit on land disturbance. Where a temporary and minimal disturbance has been

permitted as an exception to the trout buffer, land-disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of ten percent (10%) of the total length of the buffer zone within the tract to be disturbed such that there is not more than one hundred (100) linear feet of disturbance in each one thousand (1,000) linear feet of buffer zone. Larger areas may be disturbed with the written approval of the Environmental Management Commission.

2. Limit on temperature fluctuations. No land-disturbing activity shall be undertaken within a buffer zone adjacent to designated trout waters that will cause adverse temperature fluctuations in the trout waters, as set forth in 15 NCAC 2B.0211 "Fresh surface Water Classification and Standards."

12.3.5 Preservation of Riparian Buffers

A. “Buffers” must be perpetually maintained and preserved. Buffers shall be maintained

in a healthful and sound condition at all times to meet the criteria of this Section. Buffers shall be noted on one of the following documents as a condition of approval:

1. Conservation Easement; 2. Duly Recorded As Built Site Plan; or 3. Restrictive Deed Covenant.

B. Where a subdivision is traversed by a stream or drainage-way, an easement shall be

provided of adequate buffer width and conforming with the lines of such stream for the purpose of transporting stormwater.

C. See also Sec. 10.1.4, Required Easements.

Sec. 12.4 Soil Erosion and Sedimentation Control

12.4.1 General

In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies, or other drainage networks, the subdivider, Planning Board and/or the Board of Commissioners, shall show proof of an Erosion and Sedimentation Control Plan which has been approved by the State or local agency having jurisdiction, in accordance with the Sedimentation Pollution Control Act of 1973. Should such legislation or implementing regulations be altered, amended, revised, etc., such changes shall be automatically incorporated into the provisions of this Ordinance.

___________________________________________________Article 12: Natural Resources and Environmental Protection Section 12.4 Soil Erosion and Sedimentation Control


12.4.2 Purposes This Article is adopted for the purposes of regulating certain land-disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and establishing procedures through which these purposes can be fulfilled.

12.4.3 Scope and Exclusions A. Geographical Scope of Regulated Land-Disturbing Activity

This Article shall apply to all land-disturbing activities within the territorial jurisdiction of the Town, and as allowed by agreement between local governments, the extent of annexation or other appropriate legal instrument or law.

B. Permit Requirement for All Land-Disturbing Activity

Except for the activities expressly excluded by the provisions herein below, no person shall undertake any land-disturbing activity subject to this Article without first obtaining a permit therefor from the Town.

C. Activities Not Governed by this Article

Notwithstanding the general applicability of this Article to all land-disturbing activity, and subject to the additional requirements concerning Steep Slope Development, this Article shall not apply to the following types of land-disturbing activity:

1. An activity, including breeding and grazing of livestock, undertaken on

agricultural land for the production of plants and animals useful to man, including, but not limited to:

a. Forage and sod crops, grain and feed crops, tobacco, cotton, and peanuts; b. Dairy animals and dairy products; c. Poultry and poultry products; d. Livestock, including beef cattle, sheep, swine, horses, ponies, mules, and

goats; e. Bees and apiary products; and f. Fur producing animals.

2. An activity undertaken on forestland for the production and harvesting of timber

and timber products and conducted in accordance with Best Management Practices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the North Carolina Forest Service. If land-disturbing activities undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this Article shall apply to such activity and any related land-disturbing activities on the tract.

Article 12: Natural Resources and Environmental Protection Section 12.4 Soil Erosion and Sedimentation Control


3. An activity for which a permit is required under the Mining Act of 1971, N.C.G.S. 74-76, et. seq.

4. A land-disturbing activity over which the State has exclusive regulatory

jurisdiction as provided in N.C.G.S. 113A-56(a). 5. An activity that is essential to protect human life during an emergency. 6. Land-disturbing activities of less than three thousand (3000) square feet in area

for relatively minor land-disturbing activities, such as the installation of a driveway or a septic system, and where, in the opinion of the Planning and Development Director, because of limited scope of activity, lack of proximity to a watercourse, relatively low slope of land, or other factors, there is little likelihood of soil erosion or sedimentation. The person proposing to conduct the land-disturbing activity shall submit a letter to the Planning and Development Director requesting the waiver of permit. Additional information shall be provided as requested by the Planning and Development Director as necessary to render an opinion. See also Sec. 12.4.3, Scope and Exclusions, Item H.

D. Borrow and Waste Areas

When the person conducting the land-disturbing activity is also a person conducting a borrow or waste disposal activity, or an affiliate of such person, if the borrow area is being used to obtain materials for the subject site, or the waste area is being used for disposal of materials from the subject site, such borrow and/or waste areas shall be considered as part of the land-disturbing activity, provided, however that borrow areas regulated by the provisions of the Mining Act of 1971, and landfills regulated by the Department's Division of Waste Management shall not be considered as part of the land-disturbing activity.

E. Access and Haul Roads

Temporary access and haul roads, other than public roads, constructed or used in connection with any land-disturbing activity shall be considered a part of such activity.

F. Operations in Lakes or Natural Watercourses

Land-disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall minimize the extent and duration of disruption of the stream channel. Where relocation of a stream forms an essential part of the proposed activity, the relocation shall minimize unnecessary changes in the stream flow characteristics. See also Sec. 12.1, General ,and 12.3, Riparian Buffers.

G. Steep Slope Protection

The rules related to Sec. 12.5, Steep Slope Protection, apply to land-disturbing activities and construction of any kind, including new construction, renovations, demolitions, grading, and road construction.

H. No Relief of Responsibility

In no instance, whether or not a site plan has been waived or a permit issued, shall a property owner or person conducting a land-disturbing activity be relieved from complying with the basic control objectives as defined in this Article.

I. Protection of Property



Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity.

J. More Restrictive Rules Shall Apply

Whenever conflict exists between the provisions of this Section (12.4) and Federal, State, or County laws, Ordinance, or rules, the more restrictive provision shall apply.

12.4.4 Mandatory Standards for Land-Disturbing Activity

No land-disturbing activity subject to the control of this Article shall be undertaken except in accordance with the following mandatory standards:

A. Graded Slopes and Fills

The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will, within twenty-one (21) calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. The angle for graded slopes and fills must be demonstrated to be stable. "Stable" means the condition where the soil remains in its original configuration, with or without mechanical constraints.

B. Fill Material

Unless a permit from the NCDENR Division of Waste Management to operate a landfill is on file for the subject site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding twelve (12) inches, and any materials which would cause the site to be regulated as a landfill by the State of North Carolina.

C. Ground Cover

Whenever land-disturbing activity of any size is undertaken on a tract, the person conducting the land-disturbing activity shall install erosion and sedimentation control devices and practices that are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in Sec. 12.4.7, Design and Performance Standards – HQW Zones, Item E, Groundcover, provisions for a ground cover sufficient to restrain erosion must be accomplished within fifteen (15) working days or ninety (90) calendar days following completion of construction or development, whichever period is shorter.

D. Stormwater Outlet Protection

Stream banks and channels downstream from any land-disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land-disturbing activity.

12.4.5 Basic Erosion and Sedimentation Control Objectives

An Erosion and Sedimentation Control Plan may be disapproved if the plan fails to address the following basic control objectives:



A. Identify Critical Areas On-site areas that are subject to severe erosion, and off-site areas that are especially vulnerable to damage from erosion and/or sedimentation, are to be identified and receive special attention.

B. Limit Time of Exposure

All land-disturbing activities are to be planned and conducted to limit exposure of uncovered ground to the shortest feasible time.

C. Limit Exposed Areas All land-disturbing activities are to be planned and conducted to minimize the size of the area of uncovered ground to be exposed at any one (1) time.

D. Control Surface Water

Surface water runoff originating upgrade of exposed areas shall be controlled in such a way as to minimize to the greatest extent possible erosion and sediment loss during the period of exposure of ground on the subject site.

E. Identify Critical Areas

All land-disturbing activity is to be planned and conducted so as to prevent damage to off-site properties through sedimentation.

F. Identify Critical Areas

When the increase in the velocity of stormwater runoff resulting from a land-disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, the plan will include measures to control the velocity to the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream.

12.4.6 Design and Performance Standards - General

Except as provided in Sec. 12.4.7, Design and Performance Standards – HQW Zones, Item B, erosion and sedimentation control measures, structures, and devices shall be planned, designed, and constructed to provide protection from the runoff of a 10-year storm as defined in this Ordinance.

12.4.7 Design and Performance Standards – HQW Zones In high quality water (HQW) zones, the following design standards shall apply to the portion of the land-disturbing activity within the HQW zone: A. Limit on Uncovered Area

Uncovered areas in HQW zones shall be limited at any time to a maximum total area of twenty (20) acres within the boundaries of the tract. Larger areas may be uncovered within the boundaries of the tract with the written approval of the Director of the Division of Land Resources of the Department of Environment and Natural Resources.

B. Maximum Peak Rate of Runoff Protection

Erosion and sedimentation control measures, structures, and devices within HQW zones shall be planned, designed and constructed to provide protection from the runoff of a 25-year storm as defined in this Ordinance.



C. Settling Efficiency

Sediment basins within HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at least seventy percent (70%) for the forty (40) micron (0.04 millimeter) size soil particle transported into the basin by the runoff of that 2-year storm that produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of this State or the United States or any generally recognized organization or association.

D. 2:1 Grade

Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two (2) horizontal to one (1) vertical (2:1) if a vegetative cover is used for stabilization, unless soil conditions permit a steeper slope, or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion.

E. Ground Cover

Ground cover sufficient to restrain erosion must be provided for any portion of an land-disturbing activity in a HQW zone within fifteen (15) working days or sixty (60) calendar days following completion of construction or development, whichever period is shorter.

12.4.8 Design and Performance Standards - Stormwater Outlet Protection

The following design standards shall apply to stormwater outlet protection. See also Sec. 12.7, Stormwater Management, for additional requirements as applicable: A. Post-Construction Velocity

The post-construction velocity of the 10-year stormwater runoff in the receiving watercourse to the discharge point shall not exceed the greater of: 1. The velocity established by the maximum permissible velocities table set out

within this subsection; or

2. The velocity of the ten-year storm runoff in the receiving watercourse prior to development.

3. If condition (1) or (2) of this paragraph cannot be met, then the receiving

watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior to development" velocity by ten percent (10%).

B. Maximum Permissible Velocities Table

The following is a table for maximum permissible velocity for storm water discharges in feet per second (F.P.S.) and meters per second (M.P.S.):



Maximum Permissible Velocities Material F.P.S. M.P.S. Fine sand (noncolloidal) 2.5 .8 Sandy loam (noncolloidal) 2.5 .8 Silt loam (noncolloidal) 3.0 .9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.5 Stiff clay (very colloidal) 5.0 1.5 Graded, loam to cobbles (noncolloidal)

5.0 1.5

Graded, silt to cobbles (colloidal)

5.5 1.7

Alluvial silts (noncolloidal) 3.5 1.1 Alluvial silts (colloidal) 5.0 1.5 Coarse gravel (noncolloidal)

6.0 1.8

Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8

Source - Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels. D. Acceptable Management Measures

Measures applied alone or in combination to satisfy the intent of this Section are acceptable if there are no objectionable secondary consequences. The town recognizes that the management of stormwater runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives, while not exhaustive, are as follows:

1. Avoid increases in surface runoff volume and velocity by including measures to

promote infiltration to compensate for increased runoff from areas rendered impervious;

2. Avoid increases in stormwater discharge velocities by using vegetated or

roughened swales and waterways in place of closed drains and high velocity paved sections;

3. Provide energy dissipaters at outlets of storm drainage facilities to reduce flow

velocities to the point of discharge; 4. Protect watercourses subject to accelerated erosion by improving cross sections

and/or providing erosion-resistant lining; and 5. Upgrade or replace the receiving device structure, or watercourse such that it will

receive and conduct the flow to a point where it is no longer subject to degradation from the increased rate of flow or increased velocity.



12.4.9 Responsibility for Maintenance

A. Maintenance During Development During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this Ordinance.

B. Maintenance Post Development

After site development, the landowner or person in possession or control of the land shall install necessary additional measures and maintain existing permanent erosion and sediment control measures necessary to comply with the basic control objectives set forth herein.

C. Maintenance Exceptions

This requirement shall not apply to such measures as have been installed within a road or street right-of-way or easement accepted for maintenance by the Town or NCDOT.

D. Additional Measures

Whenever the town determines that significant erosion and sedimentation is occurring as a result of land-disturbing activity, despite application and maintenance of protective practices, and despite the approval of a plan, the person conducting the land-disturbing activity shall immediately take such measures as are adequate to stop such erosion and sedimentation.

Sec. 12.5 Steep Slope Protection 12.5.1 Steep Slope Protection

The following additional requirements shall apply to all new construction situated on a slope. No development shall be undertaken that increases the surface runoff reaching adjacent or surrounding property as a consequence of the development. A. Categories

The applicable category is determined by the degree of slope. 1. Category 1. Zero (0) to thirty percent (30%) slopes, for any land-disturbing

activity in which three thousand (3,000) square feet or more of ground will be uncovered.

2. Category 2. Thirty to sixty percent (30-60%) slopes, for any land-disturbing

activity, regardless of size.

3. Category 3. Sixty to one hundred percent (60-100%) slopes, for any land-disturbing activity, regardless of size.

B. Percentage of Slope The percent of slope of a tract shall be determined by the greatest percentage of slope within any contiguous ten percent (10%) portion of the tract. Existing contours are required to be shown for a plan, and the percentage of slope shall be calculated

Article 12: Natural Resources and Environmental Protection Section 12.5 Steep Slope Protection


based upon the contours shown.

1. This percentage shall be determined initially by the person proposing to conduct a land-disturbing activity on the tract, and such person shall show the slope percentage on the application for a land-disturbing permit.

2. In the event of a disagreement between the Town and such person as to the

percent of slope, the Town may require a topographical survey, and the completion of the survey shall be a condition of the Town’s taking any further action concerning an application for a permit.

C. Category 1 Requirements At a minimum, disturbance in Category 1 will require the basic control measures. The builder/owner will submit a site plan for review to the Planning and Development Director. Additional information shall be provided as requested by the Planning and Development Director as necessary to render an opinion as to other requirements.

D. Category 2 Requirements

1. Basic Control Measures, as described is Section 12.4.5 of this Ordinance.

2. Other Best Management Practices to be employed:

a. No increase of surface runoff to adjacent or surrounding property for the 2-year and 10-year, 6-hour storm event as a consequence of development;

b. Surface runoff shall be controlled onsite by implementing one or more

NCDWQ approved Best Management Practices or alternative BMP approved by the Town of Highlands;

c. Approved BMPs include bio-retention areas and rain gardens, infiltration

trenches and wells, level spreaders and riparian buffers, reinforced grassy swales, and riprap; and

d. The owner/builder shall include both temporary and permanent site specific

BMPs.

3. Post development velocity and shear stress of the 10-year 6-hour storm runoff to adjacent or surrounding properties should not exceed the greater of the following: a. Maximum permissible velocity and shear stress for the receiving soil type; b. The velocity and shear stress of the runoff from the 10-year 6-hour storm

event to the adjacent or surrounding property prior to the development; and c. All discharge channels or conveyances shall be designed to withstand the

expected post construction 10-year 6-hour storm velocity and shear stress.

4. Wire backed silt fencing shall be installed on the downhill periphery of any area of disturbed earth.

___________________________________________________Article 12: Natural Resources and Environmental Protection Section 12.5 Steep Slope Protection


a. The fencing shall extend a minimum of twenty-four (24) inches above ground with the bottom of the fence buried six to nine (6-9) inches below ground on the uphill side of the fence and packed down to prevent blowouts;

b. For heavy runoff areas, bales of straw may be required in conjunction with the silt fencing. Silt fencing shall be installed immediately following tree removal and before earth is disturbed; and

c. Silt fences shall be maintained throughout construction until the disturbed

area is permanently stabilized.

5. Driveways must be roughed-in prior to the start of construction including appropriate installed BMPs and a binder coat of asphalt applied to the driveway surface for the duration of the construction;

6. Completed driveways must be paved with asphalt or concrete;

7. Driveways longer than forty-five (45) feet may require one or more cross driveway water traps with grates that direct the stormwater runoff to an approved BMP such as a rain garden or infiltration system. See also maximum gradient allowed for driveways in Sec. 10.4.1, Driveway Entrance Requirements; and

8. Permanent ground cover must be installed per the requirements of, and approved by, the Planning and Development Director.

E. Category 3 Requirements

For any land-disturbing activity in District 3, regardless of size, the person wishing to conduct the land-disturbing activity shall submit a soil and erosion control plan for permit as defined in this Ordinance and meet all of the requirements listed in Category 2 above.

Sec. 12.6 Draining of Impoundment Regulations

12.6.1 Purpose

The draining of impoundments without taking adequate precautions to prevent the release of accumulated sediment into the stream below the impoundment shall be considered a threat to the public health, safety, and welfare. This Article is adopted for the purpose of regulating the draining of impoundments.

12.6.2 Permits Required

Before the owner of any impoundment drains an impoundment, he shall first notify the Town's Watershed Administrator. The owner or his agent shall not proceed with the draining without issuance of an impoundment draining permit from the Watershed Administrator.

12.6.3 Additional Monitoring The Watershed Administrator may also request the Town Engineer, qualified officials from the NCDENR, or other qualified consultants or employees of the Town, to conduct turbidity monitoring downstream from the impoundment to ensure compliance with the plan submitted and approved. "Turbidity monitoring," as used herein, shall mean all testing, sampling, or other procedures or activities related to the determination of

Article 12: Natural Resources and Environmental Protection Section 12.6 Draining of Impoundment Regulations


turbidity levels both upstream and downstream from impoundments. The Watershed Administrator may assess the costs of all turbidity monitoring to the applicant. The applicant shall allow access to all portions of the applicant's land necessary to accomplish any of the purposes of this Article.

12.6.4 Mandatory Standards for Draining of Impoundments

A. Impoundments either less than or equal to one-half (1/2) acre in surface area or naturally receiving the surface water runoff of less than or equal to seventy-five (75) acres. 1. The time limit for draining the impoundment shall not exceed sixty (60) days

without written permission from the Watershed Administrator, unless the draining is of a permanent nature, and in such case all areas subject to erosion and sedimentation shall be permanently stabilized; and

2. Specific measures to limit turbidity immediately downstream from the

impoundment to fifty (50) NTUs at all times during and after draining.

B. Impoundments either more than one-half (1/2) acre in surface area or naturally receiving the surface water runoff of more than seventy-five (75) acres.

1. The time limit for draining the impoundment shall not exceed sixty (60) days

without written permission from the Watershed Administrator, unless the draining is of a permanent nature, and in such case all areas subject to erosion and sedimentation shall be permanently stabilized; and

2. Detailed plans and specifications sealed by a North Carolina professional

engineer showing temporary erosion control measures, diversion measures, or other channel protection measures designed to protect against erosion and the loss of sedimentation at all times up to and including a 10-year storm, and to limit turbidity immediately downstream from the impoundment to fifty (50) NTUs at all times during and after draining.

Sec. 12.7 Storm Water Management

12.7.1 Findings of Fact

It is hereby determined that: Development and redevelopment alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and point source pollution, and sediment transport and deposition, as well as reduce groundwater recharge. These changes in stormwater runoff contribute to increased quantities of water-borne pollutants and alterations in hydrology that are harmful to public health and safety as well as to the natural environment. These effects can be managed and minimized by applying proper design and well-planned controls to manage stormwater runoff from new development sites. Therefore, the Town of Highlands establishes this set of water quality and water quantity requirements to meet the requirements of State and Federal law regarding control of

___________________________________________________Article 12: Natural Resources and Environmental Protection Section 12.7 Storm Water Management


stormwater runoff and discharge. For the Operations and Maintenance Agreement Requirements, see Article 14, Applications and Permits, Sec. 4.16.4, Operations and Maintenance Agreement.

12.7.2 Purpose

The purpose of these requirements is to protect, maintain, and enhance the public health, safety, environment, and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post development stormwater runoff and nonpoint and point source pollution associated with new development and redevelopment, as well as illicit discharges into the Town of Highlands municipal separate storm sewer system (MS4). It has been determined that proper management of construction-related and post development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety and general welfare, and protect water and aquatic resources. These requirements establish stormwater management requirements and controls to prevent surface water quality degradation and reduce erosion and sediment transport to the extent practicable in the streams and lakes within the Town limits. This Section seeks to meet this purpose by fulfilling the following objectives:

A. Minimize increases in stormwater runoff from new development or redevelopment to

the maximum extent practicable for the applicable design storm in order to reduce flooding, siltation, streambank erosion, increases in stream temperature, and to maintain the integrity of stream channels and aquatic habitats.

B. Minimize increases in non-point and point source pollution caused by stormwater

runoff from development or redevelopment that would otherwise degrade local water quality. Minimize the total volume of surface water runoff that flows from any specific site during and following development in order to replicate pre-development hydrology to the maximum extent practicable through the use of structural and nonstructural stormwater management Best Management Practices (BMPs).

C. Establish minimum post development stormwater management standards and

design criteria for the regulation and control of stormwater runoff quantity and quality. D. Establish design and review criteria for the construction, function, and use of

structural stormwater BMPs that may be used to meet the minimum post-development stormwater management standards.

E. Ensure that structural and nonstructural stormwater BMPs are properly maintained

and pose no threat to public health or safety. F. Establishing provisions for the long-term responsibility for and maintenance of

structural and nonstructural stormwater BMPs to ensure that they continue to function as designed, are maintained appropriately, and pose no threat to public safety.

Article 12: Natural Resources and Environmental Protection Section 12.7 Storm Water Management


12.7.3 Applicability and Jurisdiction

A. Applicable Lands Beginning with and subsequent to its effective date, these requirements are applicable to all new development and redevelopment located within the Town Limits, including, but not limited to, site plan applications, subdivision applications, larger common plans of development or sale and grading unless exempt pursuant to Item C, Larger Common Plan of Development or Sale, below, of this Section.

B. No building, structure, or land shall be used, occupied, or altered and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with all the provisions of this Ordinance and all other applicable regulations except as otherwise provided in this Ordinance.

C. Larger Common Plan of Development or Sale A Larger Common Plan of Development or Sale is anywhere multiple separate and

distinct construction or land-disturbing activities will occur under one plan. A plan includes any announcement or piece of documentation (including but not limited to a sign, public notice or hearing, sales announcement, advertisement, loan application, drawing, permit application, zoning request, or design) or physical demarcation (including but not limited to boundary signs, lot stakes or surveyor markings) indicating that construction activities may occur on a specific piece of land.

D. Exemptions to Applicability

All development and redevelopment are subject to these requirements except those which, as of the effective date of this Ordinance fit into one of the following categories:

1. Cumulatively disturbs less than one (1)acre and is not part of a larger common

plan of development or sale. Development and redevelopment that disturb less than one (1) acre are not exempt if such activities are part of a larger common plan of development or sale, even though multiple, separate, or distinct activities take place at different times on different schedules;

2. Commercial development and commercial redevelopment which creates less

than eight thousand (8,000) square feet of new impervious area; 3. Activities that are exempt from permit requirements of Section 404 of the Federal

Clean Water Act as specified in 40 CFR 232 (primarily ongoing farming and forestry activities) are exempt from the provisions of this Ordinance;

4. Have been issued a Certificate of Building Code Compliance; 5. Have a valid building permit; 6. Are included on a valid preliminary subdivision plan; or 7. That phase of development would require a material change in that phase of the

plan.



12.7.4 Stormwater Design and Standards Stormwater Design Standards are established for the purpose of promoting sound development practices with respect to minimizing impacts from new development and are not intended to prohibit the use of innovative and alternative techniques that demonstrate the ability to successfully achieve the objectives of this Section. Land development activities shall be performed in such a manner as to minimize the degradation of the receiving waters and protect existing developments. All activities that meet the applicability requirement of this Section shall adhere to the following provisions for managing stormwater runoff as a minimum:

A. Hydrological and Hydraulic analysis shall be performed in a manner acceptable to

and with results reproducible by the Stormwater Administrator. Appropriate rainfall/runoff calculations include the TR-55 method, and HEC-1 and HEC-HMS models and other appropriate methods including the Soil Conservation Service Curve Numbers and on a limited basis the Rational Method. All models and methods should receive prior approval from the Stormwater Administrator before they are employed.

B. The rainfall data for the Town of Highlands shall be the latest information from the

National Oceanic and Atmospheric Administration (NOAA). The Town of Highlands, North Carolina rainfall data is determined from the current NOAA National Weather Service Precipitation Frequency Data Server (PFDS).

C. The North Carolina General Statute 143-215.23 (the Dam Safety Law of 1967) and

any subsequent revisions shall be adhered to when applicable. D. In all instances, stormwater management facilities and devices shall be designed to

compliment a development and the surrounding community. If ponds are used, they shall be incorporated into the development and landscaped as an amenity. See Also Article 11, Landscape, Screening and Buffers.

POINT PRECIPITATION FREQUENCY ESTIMATES FROM NOAA ATLAS 14 HIGHLANDS, NORTH CAROLINA (31-4050) 35.05 N 83.2 W 3802 feet

Precipitation Estimates (inches)

Duration 5 min

10 min

15 min

30 min

1 hr

2 hr

3 hr

6 hr

12 hr

24 hr

Freq

uenc

y (y

r)

1 0.43 0.69 0.87 1.19 1.48 1.73 1.94 2.66 3.68 4.74 2 0.51 0.82 1.03 1.43 1.79 2.09 2.32 3.16 4.37 5.68 5 0.60 0.96 1.21 1.73 2.21 2.57 2.84 3.81 5.26 6.99

10 0.68 1.09 1.38 2.00 2.60 3.03 3.34 4.46 6.10 8.03 25 0.78 1.24 1.57 2.33 3.10 3.61 4.02 5.35 7.19 9.47 50 0.86 1.37 1.73 2.61 3.54 4.13 4.63 6.16 8.17 10.64

100 0.94 1.49 1.89 2.89 3.98 4.67 5.28 7.02 9.17 11.86



E. Temporary sediment and erosion control facilities used during construction may be converted to permanent stormwater management facilities after construction is completed.

F. All projects must adhere to the guidelines outlined in 15A NCAC 02H.1000.

12.7.5 Stormwater Quality Design Standards

A. Required for all development and redevelopment which disturbs one (1) acre or more.

B. Required for all commercial development and commercial redevelopment which

creates eight thousand (8,000) square feet or more of new impervious area. C. Stormwater quality BMPs are designed to control and treat the runoff from the 1-

year, 1-hour storm event. D. All stormwater quality BMPs used to meet the requirements of this Section shall be

designed to have a minimum of eighty-five percent (85%) average annual removal for Total Suspended Solids (TSS).

E. Areas designated as open space that are not or will not be disturbed, developed or

redeveloped do not require stormwater runoff treatment. F. Where any stormwater quality BMP utilizes a temporary water quality storage pool as

a part of its designed treatment system to treat the stormwater quality volume from the 1-year 1-hour storm event:

1. The drawdown time shall be a minimum of forty eight (48) hours and a maximum

of one hundred twenty (120) hours; 2. The minimum draw down orifice size shall be two (2) inches or equivalent; and 3. The post development peak flow rate of the water quality volume discharge shall

not exceed the pre development 1-year 24 hour peak discharge rate.

G. No one water quality BMP shall receive runoff from a developed or redeveloped area greater than three (3) acres. However, the total drainage area for BMPs used in series can exceed this three (3) acre maximum.

H. Residential subdivisions should utilize stormwater quality BMPs as part of the larger

plan of development when applicable. I. All built-upon area shall comply with riparian buffer requirements of Sec. 12.3,

Riparian Buffers. An exception to this requirement may be allowed when site-specific determination is made using North Carolina Division of Water Quality-approved methodology.

J. No stormwater quality BMPs shall incorporate natural streams to provide treatment

volumes.



12.7.6 Stormwater Discharges

A. Prohibited Discharges No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land in a manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the State unless permitted by an NPDES Permit. Prohibited substances and discharges include, but are not limited to:

1. Wastewater lines (such as from washing machines); 2. Sanitary sewer lines; 3. Food waste; 4. Oil; 5. Grease; 6. Household, industrial, and chemical waste; 7. Anti-freeze; 8. Animal waste; 9. Paints; 10. Paint wash water; 11. Garbage; 12. Litter; 13. Swimming pool discharges; 14. Leaves; 15. Grass clippings; 16. Dead plants; and 17. Sediment

B. Allowable Discharges

Non-stormwater discharges associated with the following activities are allowed provided that they do not significantly impact water quality:

1. Drinking water line flushing; 2. Discharge from emergency fire fighting activities;



3. Irrigation water; 4. Diverted stream flows; 5. Uncontaminated ground water; 6. Uncontaminated pumped ground water; 7. Discharges from potable water sources; 8. Residential foundation/footing drains; 9. Air conditioning condensation; 10. Uncontaminated springs; 11. Uncontaminated water from crawl space pumps; 12. Individual non-commercial car washing operations; 13. Flows from riparian habitats and wetlands; 14. Street wash water; and 15. Other non-stormwater discharges for which a valid NPDES discharge permit has

been authorized and issued by the U.S. Environmental Protection Agency or by the State of North Carolina, provided that any such discharges to the municipal separate storm sewer system (MS4) shall be authorized by the Town of Highlands.

C. Illicit Connections

Connections to any public or private stormwater conveyance system that allows the discharge of non-stormwater, other than the exclusions described in this Ordinance, are unlawful. Prohibited connections include, but are not limited to, industrial/commercial floor drains, waste water or sanitary sewers, wash water from commercial vehicle washing operations or steam cleaning operations and waste water from septic systems.

D. Time Period for Removal

The Stormwater Administrator shall designate the time period within which the connection shall be removed. In setting the time limit for compliance, the Stormwater Administrator shall take into consideration:

a. The quantity and complexity of the work;

b. The consequences of delay;

c. The potential harm to the environment, to the public health, and to public

and private property; and



d. The cost of remedying the damage from the connection due to delay.

E. Spills / Accidental Discharges Accidental spills or leaks of illicit polluting substances released, discharged to, or having the potential to be released or discharged to a stormwater conveyance system, shall be contained, controlled, collected, and properly disposed. All affected areas shall be restored to their pre-existing condition. Persons in control of the illicit polluting substances immediately prior to their release or discharge, and persons owning the property on which the illicit substances were released or discharged, shall immediately notify the Town of Highlands of the release or discharge, as well as making any required notifications under State and Federal law. The notification shall include the location of the discharge, type of pollutant, volume or quantity discharges, time of discharge, and the corrective actions taken. Notification shall not relieve any person of any expenses related to the restoration, loss, damage, or any other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by State or other law.

12.7.7 Stormwater Quality Design Manual

A. The Town of Highlands shall utilize the latest edition of the North Carolina Department of Environment and Natural Resources (NCDENR) Division of Water Quality (DWQ) Stormwater Best Management Practices Design Manual as the Stormwater Quality Design Manual.

B. Stormwater management practices that are designed, constructed, or maintained in

accordance with the Stormwater Design Manual are presumed to comply with these requirements. However, the Stormwater Administrator shall have the right to consult other engineers and duly qualified professionals and to impose any conditions or require any modifications deemed necessary to meet the purpose, intent, and requirements of this Section.

12.7.8 Stormwater Quantity Design Standards

All development and redevelopment which disturbs one (1) acre or more and all commercial development and commercial redevelopment which creates eight thousand (8,000) square feet or more of new impervious area, unless exempt pursuant to this Section, shall adhere to the following provisions:

A. Minimum Design for Stormwater Conveyance Systems:

1. Storm sewer collection systems (drainage parallel to road) shall be designed to

pass the peak flows from the 2-year, 6-hour storm event; 2. Cross drainage systems that do not convey intermittent or perennial streams

shall be designed to pass the peak flow rates from the 10-year, 6-hour storm event;

3. Cross drainage systems conveying intermittent or perennial streams, shall be

designed pass peak flow rates for the 50-year, 24-hour storm event. Where practicable, use bottomless single span structures;



4. Driveway pipes that do not convey intermittent or perennial streams shall be

designed to pass the peak flow rates from the 2-year, 6-hour storm event with a minimum pipe size of fifteen (15) inches; and

5. Materials of construction and design standards for stormwater conveyance

systems for NCDOT roads, including culverts, pipes, inlets, junctions, ditches, and swales shall be designed to meet the guidelines outlined by the NCDOT Guidelines for Drainage Studies and Hydraulic Design.

B. Residential development control of peak discharge flow rates. The post

development peak flow rates discharged from residential developments shall not exceed the pre-development peak discharge rates for the 2-year, 24-hour storm event and the 10-year, 24-hour storm event.

C. Residential sub-divisions should utilize water quantity control BMPs as part of the

larger plan of development when applicable. D. Non-residential development control of peak discharge flow rates. The post

development peak flow rates discharged from non-residential developments shall not exceed the pre development peak flow rates for the 2-year, 10-year and the 25-year, 24-hour storm event.

E. Stormwater management facilities, structures, devices, and methods used shall be

planned, designed, constructed, and maintained so as to provide effective protection from peak runoff rates.

F. Stormwater Management Facilities designed to control peak discharge flow rates:

1. Stormwater management facilities shall be utilized to mitigate the pre-

development and post development peak flow rate difference; 2. The calculated difference in the peak runoff rate from the post development peak

flow rates, less the pre-development shall determine the size of detention structures;

3. The temporary storage capacity shall be restored within seventy-two (72) hours; 4. Requirements of the Dam Safety Act shall be met when applicable; 5. The emergency overflow outlet must be designed to safely pass the 100-year,

24-hour storm event peak discharge; and 6. No one stormwater management facility shall receive runoff from a developed or

redeveloped area greater than three (3) acres. However, the total drainage area from BMPs used in series (i.e., integrated) can exceed this three (3) acre maximum.

G. The impoundment of stormwater runoff may be incorporated in the design of

stormwater conveyance structures, engineered stormwater BMP’s, and ponds. These structures may be located on or off site. All off-site areas must be secured



through proper easements or title documents as appropriate. See also Sec. 10.1.4, Required Easements.

H. In all instances engineered stormwater management facilities and devices shall be

designed to blend with the development and the surrounding community. If ponds are installed and used as a stormwater management facility, such areas shall be landscaped as amenities or hidden from view. See also Sec. 11.4.2, Landscape Buffer Table.

12.7.9 Uniform Watershed Development Analysis for Peak Discharge Control

A. The requirements, or portions thereof, for stormwater detention to control peak

discharge, except for stormwater quality treatment (Section 12.7.9.A.5), may be waived by the Stormwater Administrator if it can be shown by detailed engineering calculations and analysis acceptable to the Stormwater Administrator that one of the following exists:

1. The installation of stormwater management facilities would have insignificant

effects on reducing downstream flood peak flow rates and water surface elevations;

2. Stormwater management facilities are not needed to protect downstream

developments and the downstream drainage system has sufficient capacity to receive any increase in runoff for the design storm;

3. It is not necessary to install stormwater management facilities to control post

development peak discharge rates at the exit to a proposed development and installing such facilities would increase flood peak flow rates and or water surface elevations at some downstream locations; or

4. The Stormwater Administrator determines that stormwater management facilities

are not needed to control post development peak discharge rates and installing such facilities would not be in the best interest of the Town; and

5. No waiver shall be allowed for Stormwater quality treatment requirements in Sec.

12.7.5, Stormwater Quality Design Standards.

B. The requirements, or portions thereof, of Sec. 12.7.7, Stormwater Quality Design Manual, may not be waived if the Stormwater Administrator determines that not controlling peak flow rates would increase known flooding problems, or exceed the capacity of the downstream drainage system.

C. A waiver shall only be granted after a written request is submitted by the applicant

containing descriptions, drawings, and any other information that is necessary to evaluate the proposed development or redevelopment. A separate written waiver request shall be required if there are subsequent additions, extensions, or modifications which would alter the approved stormwater runoff characteristics of the development or redevelopment receiving a waiver.



D. For all stormwater management facilities, a hydrologic/hydraulic study shall be done showing how the drainage system will function with and without the proposed facilities. For such studies the following land use conditions shall be used. Existing land use data shall be taken from the most recent aerial photograph and field checked and updated.

E. For the design of the facility outlet structure, use developed land use conditions for

the area within the proposed development and existing land use conditions for upstream areas draining to the facility.

F. For any analysis of flood flows downstream from the proposed development, use

existing land use conditions for all downstream areas.

Article 13: Sign Standards


Sec. 13.1 General 13.1.1 Purpose

The Town of Highlands is located in a unique mountain and natural scenic setting. It serves as a gateway to a mountain recreational area. The visual beauty of the mountains is a major factor in attracting vacationers, summer residents, and new residents to the area. It is, therefore, the desire and purpose of the Board of Commissioners of the Town of Highlands: A. To regulate signs and outdoor advertising throughout the zoning jurisdiction of the

Town of Highlands; B. To limit the size, height, and location of signs and outdoor advertising erected

therein; C. To eliminate hazards to pedestrians and motorists brought about by distracting sign

displays; D. To ensure orderly development; and thereby to protect and stabilize property values; E. To preserve the scenic natural environment by allowing signs that are consistent with

an attractive Town appearance; F. To promote public health, prosperity, safety, and welfare; and G. To establish procedures through which these purposes can be fulfilled.

13.1.2 Exemptions to Applicability

The sign regulations set forth in this article shall apply to all zoning districts in this Ordinance, except that: A. Certain types of government signs are exempt from these regulations as outlined in

Sec. 13.1.4, Exempt Signs, Item A. B. Some signs are regulated or allowed under other articles of this Ordinance, including

but not limited to:

1. Handicap parking signs required under Article 9, Parking and Loading, and Sec. 13.4.2, Permanent Regulated Signs Allowed, without a Permit, Item B.2;

2. Driveway ingress/egress signs required under Article 10, Infrastructure, and Sec.

13.4.2, Permanent Regulated Signs Allowed Without a Permit, Item B.1; and 3. Street signs regulated under Article 10, Infrastructure.

13.1.3 Sign Types

A. Free-Standing: A sign that is not attached to or supported by any building. Such

signs shall include ground signs, signs mounted on poles or other supports, and A-frame signs.

Article 13: Sign Standards Section 13.1 General


B. Hanging: A sign attached to and suspended at right angles (unless on a corner) to

the building, and extending down over a sidewalk or walkway. Distance of bottom of sign from the finish surface of the sidewalk or walkway shall be ADA compliant and meet all of requirements of Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit.

C. Outdoor Advertising: A standard structural poster panel or painted free-standing

sign which is rented for purposes of conveying commercial information, knowledge, or ideas to the public about a subject unrelated to the premises upon which it is located.

D. Permanent: A sign that is used to inform or attract attention to a use, for the time

that said use is in existence, in accordance with this Ordinance. E. Planned Development: A temporary sign that pertains to the development of a new

subdivision, planned multifamily development, planned shopping center, industrial, office, or business park, or similar land parcel where an active unified building and development program is underway.

F. Political: A sign attracting attention to political candidates or political issues, and

including any lawful non-commercial message that does not direct attention to a business operated for profit or to a commodity or service for sale, and complies with all other requirements of this ordinance.

G. Temporary: A sign that is permitted only for a designated period of time, in

accordance with this Ordinance. H. Traffic: A sign erected by Federal, State, or Municipal authority and regulating

automobile, truck, bicycle, and pedestrian movement. I. Roof: A sign placed flat against, and projecting no more than twelve (12) inches

from, a building wall. Mansard roofs, or any roof portion thereof with an angle of sixty (60) degrees or more from the horizontal, shall be considered wall space for sign purposes.

J. Wall: A sign placed flat against, and projecting no more than twelve (12) inches

from, a building wall, as defined by this Ordinance. Mansard roofs, or any roof portion thereof with an angle of sixty (60) degrees or more from the horizontal, shall be considered wall space for sign purposes.

13.1.4 Exempt Signs The following signs are exempt from the requirements herein.

A. All classes of government signs including but not limited to traffic, health and public

safety; crime control and prevention; official notices or advertisements related to any court action; the location of underground utilities; historical markers or monuments; any other community service signs approved by the Town of Highlands, as well as, any signage provided by the Town of Highlands, including but not limited to, wayfinding signage, corridor entrance signage, and town sponsored event signage.

Article 13: Sign Standards Section 13.1 General


B. Flags, badges, or insignia of government or any charitable, civic, fraternal, patriotic,

religious or other non-profit organization. C. Temporary lighting and displays as part of customary holiday decorations, provided

strings of lights may only be installed between November 15 and January 15 each year, and must be removed at the end of that period.

D. Signs posted on private property related to trespassing or public safety, such as

danger from animals. E. Signs denoting a product being sold out of a vending machine, telephone booth, or

newspaper stand, and actually located on same. F. Signs displayed on the inside of a business that are not visible from any public street

or walkway. G. Signs attached to commercial vehicles. H. “For Sale” signs on private vehicles. I. Names and lettering on mail boxes and newspaper tubes. J. Manufactures’ signs displaying brand names or emblems located on gasoline pumps

at service stations. K. Wireless Communication Facilities shall include a small message containing provider

identification and emergency telephone numbers and such other information as may be required by Local, State, or Federal regulations governing Wireless Communication Facilities.

Sec. 13.2 Regulated Signs 13.2.1 Sign Standards Interpretations

A. In the event a right-of-way is not defined among the public records of Macon County

or Jackson County, references to dedicated public right-of-way in this sign Ordinance shall apply to an area within fifteen (15) feet of the edge of the wear surface or edge of pavement of any public thoroughfare except as allowed in Sec. 13.4.1, Temporary Regulated Signs Allowed Without a Permit, which is ten (10) feet.

B. All signs, unless otherwise stated or implied, shall have no more than two (2) faces,

displayed on opposite sides and without a space or angled projection to one another. Said signs shall have the same message and general design on both faces. Signs with angle projections up to forty-five (45) degrees may be considered by the Town of Highlands due to specific site conditions or signage design under the following conditions:

Article 13: Sign Standards Section 13.2 Regulated Signs


The person requesting the variance shall submit a letter and site plan to the Planning and Development Director. Additional information shall be provided as requested by the Planning and Development Director as necessary to render an opinion.

13.2.2 Sign Calculations

A. Sign Surface Area

1. The surface area of a sign shall include the entire display area, including any

border or accessory area, but excluding any base supports, posts, roofs, or other structural elements provided they do not serve primarily to attract attention and shall be calculated in inches or feet as the width multiplied by the height, as illustrated by Figures 1 and 2.



2. In the case of three-dimensional letters or letters painted directly on a wall surface or awning, the surface area shall be defined as the area within the perimeter of all the letters and/or logos, collectively.

3. When lettering is highlighted by a border or decorative strip, then the surface area shall be defined as the entire highlighted area as illustrated by Figure 3.

Figure 1

Figure 2



4. Where sign consists of individual letters spelling out a single name, word or

acronym and all such elements are located in the same plane, or otherwise intended to be read as a single message, the sign area shall be defined as the area of the rectangle (real or assumed) which completely encompasses all such letters, words or symbols as illustrated by Figure 4, except for Movie Theaters.

B. Sign Height

The height of a sign shall be measured as the distance from finish grade or surface at the base of the sign, or top of sign post footing, to the top of the highest component of the sign, including the sign face or sign structure.

Figure 4

Figure 3



13.2.3 Illumination A. Signs may be directly illuminated with the following conditions:

1. Only a white light source that is shielded and directed solely at the sign face may

be used, as illustrated by Figures 5A and 5B; and

Figure 5A



2. Any sign, with the exception of those permitted for subdivisions or multi-family

developments per Sec. 3.5.2, Permanent Regulated Signs Requiring a Permit, Item 1A, Residential Zoning Districts, is prohibited from being illuminated between the hours of 12:00 midnight and 6:00 a.m. if located within three hundred (300) feet of a residential zoning district, or between the hours of 8:00 p.m. and 7:00 a.m. if located within one hundred (100) feet of a residential zoning district.

3. Customary Incidental Home Occupation signs allowed under Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item B, Customary Incidental Home Occupations or Tourist Homes in All Zoning Districts, may not be illuminated in any way.

13.2.4 Sign Design, Construction and Maintenance A. Any sign permitted under this Ordinance must comply with applicable requirements

of the NC State Building Code, National Electrical Code, and other applicable Federal, State, or local codes.

B. Every sign and its supports, frames, guys, anchors, and electrical equipment shall be

securely fastened and placed to withstand adverse weather conditions. C. All signs, except those protected by glass or other transparent cover, shall be

constructed of materials that are permanent in nature and that will not rapidly deteriorate, fade, fall apart, or in any way become a hazard to the public health, safety, and general welfare.

D. All signs shall be kept free from defective or missing parts or peeling paint. The

Planning and Development Director shall possess the authority to order the painting, repair, or alteration of a sign, at the owner’s expense, if such sign constitutes a hazard to the public health, safety, or general welfare by reason of inadequate maintenance, dilapidation, or obsolescence. Notice of such repair shall be given to the owner by personal service or registered mail, return receipt requested.

E. No person other than persons authorized by the Town shall damage, trim, destroy, or

remove trees, shrubs, or other vegetation located within the public right-of-way of any street or road for the purpose of increasing or enhancing the visibility of a sign; nor shall such work be performed on property that is not under the ownership or control of the person performing or responsible for such work, unless done pursuant to the express authorization of the person owning the property where such trees or shrubs are located.

13.2.5 Placement of Signs

A. Signs shall be located so as not to obstruct or substantially interfere with any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building.

B. See also Sec. 10.3.5, Street Intersections, for additional requirements regarding

minimum sight distance at intersections.

Figure 5B



C. See also individual Sections of this Article for additional requirements regarding

placement of signs in relationship to right-of-way or edge of wear surface or edge of pavement.

13.2.6 Nonconforming Signs

A. General Any permanent sign legally in existence prior to the effective date of this Ordinance, or any applicable amendment thereto, which does not satisfy the requirements of this ordinance, is declared nonconforming. The eventual elimination, as expeditiously and fairly as possible, of nonconforming signs is as much a subject of health, safety, and welfare as is the regulation of new signs.

B. Conformance Required

1. All nonconforming signs in existence prior to the effective date of this Ordinance shall either be made to conform to all provisions of this Ordinance or shall be removed within seven (7) years after the enactment of this Ordinance, unless explicitly prohibited by Federal or State law.

2. All signs made nonconforming by an amendment to this Ordinance shall either

be made to conform to all provisions of this Ordinance or shall be removed within three (3) years after the date of such amendment, unless explicitly prohibited by Federal or State law.

3. Any sign that does not conform at the end of the aforesaid period shall be

considered an illegal sign and must be removed by the owner at that time. C. Alterations and Repairs to Nonconforming Signs

Nonconforming signs shall not be moved, altered, enlarged, or changed in any manner to increase the degree of nonconformity. Ordinary maintenance, such as re-painting or repairing, shall be permitted for nonconforming signs subject to the following restrictions:

1. No substantial change in the copy of the sign, such as change of the name of a

business, shall be permitted, with the exception of outdoor advertising signs; and

2. If, within any twelve (12) month period, alterations or repairs are anticipated to cost in excess of fifty percent (50%) of the physical value of the existing sign, such sign shall be removed or made to conform with the current regulations of this ordinance.

D. Outdoor Advertising Signs

1. This article in part carries forward by enactment some of the provisions of "An

Ordinance Providing for Regulation of and Controlling Signs in the Town of Highlands," adopted January 1, 1984, and subsequently amended. It is not the intention of the Board of Commissioners by this Ordinance to repeal that prior



Ordinance, as amended, but rather to re-enact and continue in force without interruption certain provisions thereof, so that all rights and liabilities which have accrued thereunder shall be preserved and may be enforced. The enactment of this Ordinance shall not affect any action, suit, or proceeding instituted or pending at this time under that prior Ordinance, as amended.

2. All outdoor advertising signs in existence within the corporate limits of the Town

of Highlands prior to the effective date of this Ordinance, as amended, have been declared nonconforming, have been amortized, and are subject to removal pursuant to Section 9 of "An Ordinance Providing for Regulation of and Controlling Signs in the Town of Highlands," adopted January 1, 1984, as amended, unless such declaration is explicitly prohibited by Federal or State law.

13.2.7 Removal of Illegal Signs

A. Signs Erected without a Permit

The owner of any sign that has been erected without a required permit in accordance with Sec. 13.5, Regulated Signs Requiring a Permit, of this Ordinance, shall obtain a permit for the sign and otherwise ensure that it complies with these regulations within twenty-four (24) hours of notification by the Planning and Development Director that the sign has been illegally erected, or shall cause such sign to be removed. If the sign has not been removed within twenty-four (24) hours of notification, it may be removed and confiscated by the Planning and Development Director at the owner's expense.

B. Permanent Signs in the Right-of-Way

Any sign, consistent with Sec. 13.2.1, Sign Standards Interpretations, Item A, and Sec. 13.3.4, Signs Posted Within Public Rights-of-Way, which is found to be located within a public right-of-way shall be removed by its owner within thirty (30) days of written notice thereof. If ownership of a sign cannot be reasonably established, a notice shall be attached to the sign by the Planning and Development Director stating the need to remove it within thirty (30) days; otherwise, the Town shall remove the sign. Temporary signs shall be removed by the Town upon discovery.

C. Obsolete Business

Any sign pertaining to a business whenever the use of a building or premises is discontinued by a business for reasons other than a normal seasonal shutdown for a period of thirty (30) days shall be removed within thirty (30) days of the discontinuance of use. The Planning and Development Director shall notify the owner at the last known address that said signs are in violation of this Ordinance and must be removed within thirty (30) days; any signs not removed within that period shall be removed by the Town at the owner's expense.

Sec. 13.3 Prohibited Signs The following signs shall be prohibited, and may neither be erected nor maintained. The standards shall apply both to prohibited sign locations and sign types:

13.3.1 Off-Premise Signs, Including Outdoor Advertising Signs

Any sign which is not located on the premises that it identifies or advertises, with the exception of signs permitted in Sec. 13.4.2, Permanent Regulated Signs Allowed

Article 13: Sign Standards Section 13.3 Prohibited Signs


Without a Permit, Item E for name plate signs, and Item F for Customary Incidental Home Occupations; political signs permitted in Sec. 13.4.1, Temporary Regulated Signs Allowed Without a Permit, Item H; signs on Public Information Centers per Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item H; and signs identifying businesses in shopping centers located other than at the actual building frontage of the individual business per Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Items F and G. Outdoor advertising signs permitted prior to May 7, 1986 by the State of North Carolina under the Outdoor Advertising Control Act shall be nonconforming in accordance with Sec. 13.2.6, Non-confirming Signs, Item D, Outdoor Advertising Signs.

13.3.2 Roof Signs

Any signs which are erected on a roof or which extend in height above the parapet or roof line of the building on which the sign is erected.

13.3.3 Simulated Traffic Sign and Obstructions Any sign which may be confused with or obstruct the view of any authorized traffic signal or traffic sign, extend into the public right-of-way, obstruct the sight distance triangle at any street intersection, or in any way constitute a hazard to traffic.

13.3.4 Signs Posted Within Public Rights-of-Way

Any sign, other than governmental signs described in Sec. 13.1.4, Exempt Signs, Item A; private residential signs described in Sec. 13.1.4, Exempt Signs, Item I, 13.4.2, Permanent Regulated Signs Allowed without a Permit, Item E and Item F; private commercial traffic signs in Sec. 13.4.2, Permanent Regulated Signs Allowed without a Permit, Item B; real estate signs permitted in Sec. 13.4.1, Temporary Regulated Signs Allowed without a Permit, Item C; Sec. 13.5.1, Temporary Regulated Signs Requiring a Permit, Item B; and posted on utility poles, on other officially placed signs, or on trees, rocks, ground, etc. within the public right-of-way.

13.3.5 Portable Signs Any sign that is not permanently affixed to a building, stationary structure, or the ground, as illustrated, but not limited, by Figure 6.

13.3.6 Message Board Signs

Any sign that uses changeable lettering or numbering, with the exception of these signs as described in Sec. 13.4.2, Permanent Regulated Signs Allowed Without a Permit, Item A, for church signs; Item D, for service station signs; Item G, for movie theater marquees; and Item H, for restaurant message boards.

Figure 6

Article 13: Sign Standards Section 13.3 Prohibited Signs


13.3.7 Animated and Moving Signs Any moving sign or device to attract attention, all or any part of which moves by any means, including fluttering, rotating, or otherwise moving devices set in motion by the atmosphere, or by mechanical means, such as pennants, flags, propellers, or discs, whether or not any said device has a written message; except for Sec. 13.4.1, Temporary Regulated Signs Allowed Without a Permit, Item I, Open Signs, however, this provision shall not prohibit traditional barber poles located at barber shops.

13.3.8 Flashing Signs Any sign or device displaying flashing lights, intermittent lights, or lights of changing degrees of intensity.

13.3.9 String and Tube Lighting Any illuminated tubing or string of lights whatsoever in commercial zoning districts, except between November 15 and January 15 as described in Sec.13.1.4, Exempt Signs, Item C, and Sec. 6.5.3, Exterior Commercial Lighting.

13.3.10 Oversized Product Facsimiles

The display of letters, logos, trademarks, emblems, pictures, etc. on oversized facsimiles or three dimensional structures, such as chicken buckets, human figures, cans, or other containers or lettering.

13.3.11 Internally Illuminated Signs Any sign whose light source is within the sign, with the sign having a transparent or translucent background or cover which silhouettes opaque or translucent letters or designs, except for Sec. 13.4.2, Item H, restaurant message boards and 13.4.1, Item B, real estate listings within commercial windows.

13.3.12 Neon Signs

Any sign illuminated in whole or in part by neon lighting, light emitting diodes (LED), or similar electronic devices.

13.3.13 Wireless Communication Facilities Signs

Wireless Communication Facilities shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except as allowed under Sec. 13.1.4, Exempt Signs, Item K.

13.3.14 Signs at Outdoor Displays

Signs at outdoor displays are prohibited per Sec. 6.5.4, Outdoor Display of Merchandise.

Sec. 13.4 Regulated Signs Allowed Without a Permit The following signs are permitted without a sign permit, provided they conform to the requirements of this Article. Maximum height for all permitted temporary signs is forty-two (42) inches but surface area is allowed to vary by sign type. Such signs may not be erected within the public right of way, or if no public right of way is defined such sign shall not be within ten (10) feet of the wear surface of any public or private road. 13.4.1 Temporary Regulated Signs Allowed Without a Permit

A. One (1) temporary sign for church functions, not exceeding nine (9) feet in surface

area, and located on church property.

Article 13: Sign Standards Section 13.4 Regulated Signs Allowed Without a Permit


B. Commercial signs visible within the window or door display area, provided they do

not exceed twenty percent (20%) of the area of any given window or glass door, and are not illuminated except by normal interior business lighting or by soft indirect lighting of an entire window unit. Signs described in Sec. 13.4.1, Temporary Regulated Signs Allowed Without a Permit, Item D, and Sec. 13.4.2, Permanent Regulated Signs Allowed Without a Permit, Item C, displays of merchandise in windows, and photographs of homes or other properties in the windows of real estate offices may be placed in commercial windows in addition to the twenty percent (20%) area restriction or one electronic monitor type display per building frontage may be used with a rate of up to ten changes per minute and not to exceed a brightness of 2 Foot candles at 12 inches directly in front of the display screen. Monitors located 6 feet or less from the window shall not exceed 32 inches in size. Monitors located beyond 6 feet from the window shall not exceed 42 inches in size. Sizes of such monitors shall be measured diagonally across the display screen.

C. One (1) temporary on-premise sign advertising the rent, sale, or lease of a

commercial or residential property, provided that the surface area does not exceed four (4) square feet in surface area per building and the sign is not illuminated. However, if the setback requirement cannot be met, the sign shall comply with Sec. 13.5.1, Temporary Regulated Signs Requiring a Permit, Item B.

D. Signs sponsored by municipal, school, civic, and other non-profit organizations,

provided that the signs are only displayed in commercial zones, have a maximum surface area of nine (9) square feet, are posted in either in commercial windows or in a secure fashion on private property, and are posted not more than thirty (30) days prior to a scheduled event and removed within twenty-four (24) hours after the event.

E. Signs advertising the sale of produce out of a home garden on the premises where

the produce is being sold, not to exceed three (3) non-illuminated signs per premises, provided that such signs do not exceed four (4) square feet in surface area per sign face, and shall be displayed only from March through October.

F. Residential yard sale signs, provided they do not exceed four (4) square feet in

surface area per sign face, and the maximum time for display does not exceed forty-eight (48) hours.

G. Construction identification signs used prior to and during construction to identify the

name of a new project and/or the principle contractor or developer, provided they meet the following requirements:

1. Each project site shall have no more than one (1) identification sign with one (1)

sign face;

2. Identification signs shall be either attached to the building under construction or affixed to a secure temporary post, and located out of the public right-of-way; and

3. Identification signs shall be no greater than four (4) square feet in residential zoning districts and sixteen (16) square feet in commercial zoning districts.



H. Political signs provided they are displayed on private property, are not displayed within public right of ways and do not constitute a hazard to pedestrian or vehicular traffic. Such signs shall be removed within 7 calendar days after the election.

I. One (1) “Open” sign per each public entrance, not to exceed three (3) square feet per sign. Types of displays may be flags, wall signs, or attachments to permitted free-standing signs. Such signs shall not include advertisements for the business. Such signs shall not obstruct the sidewalk, shall not be displayed on public right-of-ways, and shall be removed each day upon the closing of the business.

13.4.2 Permanent Regulated Signs Allowed Without a Permit

A. One (1) permanent sign for churches, not exceeding sixteen (16) square feet per

sign face nor more than eight (8) feet in height, and either non-illuminated or indirectly illuminated by white lighting only. Church signs may be of a message-board type that use changeable lettering.

B. Private commercial traffic signs, as follows:

1. Signs indicating the location of entrances or exits. Such signs may not exceed two (2) square feet in surface area, may be erected no closer than three (3) feet to the wear surface of the thoroughfare, may not exceed a height of forty-two (42) inches or impair sight distance, and shall be located immediately adjacent to the entrances or exits. Such signs may include the name and logo of the business, not to exceed one-third (1/3) of the total surface area, and shall be limited to one (1) sign per entrance or exit; and

2. Signs indicating general traffic information. Such signs shall not be in the right-

of-way of any public or private road and may not exceed two (2) square feet in surface area. Such signs shall include handicap, parking, loading zone, traffic flow, and similar signs.

C. Private commercial signs indicating charge card information or general instructions,

restriction, etc., provided that they shall be limited to not more than three (3) per business site, shall not display the name of the business, and shall not exceed one (1) square foot in surface area. Such signs may be attached to a building and/or an existing permitted free-standing sign.

D. Signs for service stations, or any businesses selling gasoline, in addition to signs permitted in Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Items C and D, as follows:

1. One (1) gasoline price sign located and secured to each pump island, not

exceeding four (4) square feet per sign face and eight (8) square feet per sign total;

2. Signs located at each pump island indicating self-service and full-service

operation, not exceeding four (4) square feet per sign face; and 3. One (1) North Carolina inspection sign at any location on the business premises,

not exceeding four (4) square feet per sign face.



E. Individual nameplate signs for residences may be posted off-premise, either singly or

together on a secure display structure, at the main entrance or road leading to a residential area, provided they do not exceed two (2) square feet per sign face, and are placed no closer than three (3) feet to any road wear surface.

F. In addition, nameplate signs in item E above may refer to Customary Incidental Home Occupations carried on within the place of residence allowed per Sec. 6.3.3, Residential Accessory Uses and Structures, Item F, provided they comply with Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item B.1.

G. Movie theater marquees containing changeable lettering or numbering, provided

such signs shall be considered part of the aggregate surface area based on building frontage for the movie theater per Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit.

H. Restaurant message boards on the wall or in a window, as close to the main

entrance of a restaurant as possible, containing changeable lettering or numbering, or an electronic monitor type display with a rate of up to four changes per minute, not to exceed a brightness of 2 Foot candles at 12 inches of the display screen, and not to exceed 27 inches in size. Sizes of such monitors shall be measured diagonally across the display screen, provided such signs shall be considered part of the aggregate surface area based on building frontage if on the wall per Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item C, Single Business in the B-1 Business District, Item 1, or Item F, Shopping Centers in the B-1 Business Districts, Item 2.a; or part of the maximum permissible area allowed on window glass per Sec. 13.4.I, Temporary Regulated Signs Allowed Without a Permit, Item B.

Sec 13.5 Regulated Signs Requiring a Permit The following signs are permitted subject to issuance of a sign permit by the Planning and Development Director and provided they conform to the requirements of this Article. Unless otherwise stated, such signs shall not be erected within any public right-of-way, nor within ten (10) feet of the wear surface of any public or private road. 13.5.1 Temporary Regulated Signs Requiring a Permit

A. Temporary signs, flags, or banners advertising the initial openings of business establishments or special sales or special event, not to exceed four (4) signs per year, are permitted provided the location of such signs is approved by the Planning and Development Director and provided there shall be a minimum of thirty (30) days between display of such signs. Such signs shall not exceed sixteen (16) square feet in surface area on one (1) side and shall not be displayed longer than ten (10) days.

B. Real estate signs which cannot comply with the setback requirement described in

Sec. 13.4.1, Temporary Regulated Signs Allowed without a Permit, Item C, shall be permitted in the setback area, provided each sign satisfies each of the following conditions:

1. The difficulty in erecting the sign to meet the setback requirement is due to

topographical factors;

Article 13: Sign Standards Section 13.5 Regulated Signs Requiring a Permit


2. The sign cannot be erected anywhere on the property to satisfy the ten (10) foot

setback requirement; and 3. The sign, when erected, will not impair sight distance.

C. Planned development signs shall be allowed subject to the following applicable

standards:

1. One (1) sign shall be allowed along the street utilized as the project’s main entrance;

2. One (1) additional sign shall be allowed along each other public street adjacent

to the project, but only if there is a minimum of eighty (80) feet of street frontage on said street;

3. The maximum area per sign face shall not exceed twenty-four (24) square feet; 4. Signs shall not be placed within a dedicated street right-of-way; 5. Signs shall be a minimum of within ten (10) feet from the street’s wear surface; 6. Signs located within ten (10) and fifteen (15) feet of the street’s wear surface

shall be allowed one (1) sign face. Signs located a distance of greater than fifteen (15) feet from the street’s wear surface may have up to two (2) sign faces, each face not exceeding twenty-four (24) square feet;

7. The maximum height of the sign shall not exceed ten (10) feet; 8. The maximum area of sign face relating to sales contact information or

identification of real estate firms or agents shall not exceed twenty-five percent (25%) of each individual sign face. The twenty-five percent (25%) maximum area is per sign face. When multiple faces or signs are allowed by this ordinance, the individual maximums per sign face may not be used in a cumulative manner to increase the area beyond twenty-five percent (25%) on any face or for a cumulative visual impact greater than twenty-five percent (25%) of the maximum sign face size; and

9. Individual real estate signs, permitted under Sec. 13.4.1, Temporary Regulated

Signs Allowed without a Permit, Item C, shall not be allowed in conjunction with or as a supplement to temporary development signs, or be located within visual proximity of temporary development signs.

13.5.2 Permanent Regulated Signs Requiring a Permit

A. Subdivision or Multi-Family Development in All Zoning Districts Each subdivision or multi-family development, as defined by this Ordinance, is permitted one (1) free-standing sign at each major entrance, not to exceed two (2) free-standing signs for the entire subdivision or multi-family development. Such signs shall be adequately secured; shall not be located within any public right-of-way; shall not exceed six (6) feet in height; shall not exceed twenty-four (24) square feet in



surface area per sign face; and may be either non-illuminated or if illuminated, shall comply with Sec. 13.2.3, Illumination.

B. Customary Incidental Home Occupations or Tourist Homes in All Zoning

Districts 1. Customary Incidental Home Occupations are permitted one (1) sign not

exceeding four (4) square feet in surface area per sign face, which may be free-standing, wall, or hanging in type.

2. Tourist homes are permitted one (1) sign not exceeding four (4) square feet in

surface area per sign face, which may be free-standing, wall, or hanging in type.

C. Single Business in the B-1 Business Districts Each single business in the B-1 Business District, not located in a shopping center, is permitted the following signs:

1. One (1) or more wall signs, as defined by this Ordinance, provided that the total

aggregate surface area does not exceed a ratio of one-half (1/2) square foot for each one (1) linear foot of building frontage, nor a maximum of thirty-two (32) square feet for any single sign. Consistent with Sec. 13.3.2 Roof Signs, no sign placed under these circumstances shall project above the mansard roof or project more than twelve (12) inches from the building wall at the base of the sign; and

2. Businesses providing ingress and egress for public use from the rear of the building, are permitted one (1) or more wall signs on the rear of the building, as defined by this Ordinance, provided that the total aggregate surface area does not exceed a ratio of one-half (1/2) square foot for each one (1) linear foot of building frontage, nor a maximum of thirty-two (32) square feet for any single sign. Consistent with Sec. 13.3.2 Roof Signs, no sign placed under these circumstances shall project above the mansard roof or project more than twelve (12) inches from the building wall at the base of the sign.

3. Businesses not providing ingress and egress for public use from the rear of the

building, are permitted one (1) sign on the rear of the building, wall or hanging, not to exceed two (2) square feet in surface area per sign face.

4. One (1) hanging sign provided a clearance of at least seven (7) feet is

established between the bottom of the sign and any pedestrian walking surface. Such signs may extend no more than four (4) feet from the right-of-way line over the walking surface, and may not exceed eight (8) square feet in surface area per sign face.

D. Single Business in the B-2, B-3, Business, and GI Governmental/Institutional

Districts Each single business in the B-2, B-3, and GI Governmental/Institutional District, not located in a shopping center, is permitted the following signs:



1. One (1) free-standing sign, provided it shall not be located within any public right-of-way, nor within fifteen (15) feet of the wear surface of any public thoroughfare if no right-of-way is defined among the public records of Macon County, shall not exceed eight (8) feet in height; and shall not exceed thirty-two (32) square feet in surface area per sign face. Businesses which adjoin more than one (1) of the four (4) major highways serving Highlands--US-28, NC-106, US-64E, and US-64W--and which are served by entrances from said highways, shall be permitted two (2) free-standing signs thirty-two (32) square feet in surface area per sign face, one (1) on each highway; and

2. Businesses providing ingress and egress for public use from the rear of the

building, are permitted one (1) or more wall signs on the rear of the building, as defined by this Ordinance, provided that the total aggregate surface area does not exceed a ratio of one-half (1/2) square foot for each one (1) linear foot of building frontage, nor a maximum of thirty-two (32) square feet for any single sign. Consistent with Sec. 13.3.2 Roof Signs, no sign placed under these circumstances shall project above the mansard roof or project more than twelve (12) inches from the building wall at the base of the sign.

3. Businesses not providing ingress and egress for public use from the rear of

the building, are permitted one (1) sign on the rear of the building, wall or hanging, not to exceed two (2) square feet in surface area per sign face.

4. A choice between wall signs or one (1) hanging sign meeting the

requirements of Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item C, Single Business in the B-1 Business District, Items 1 and 2.

E. Single Business in the B-4 Business Districts

Each single business in the B-4 Business District is permitted the following signs:

1. One (1) free-standing sign, provided it shall not be located within any public right-of-way, nor within fifteen (15) feet of the wear surface of any public thoroughfare if no right-of-way is defined among the public records of Macon County, shall not exceed six (6) feet in height; and shall not exceed twenty-four (24) square feet in surface area per sign face; and

2. A choice between wall signs or one (1) hanging sign meeting the requirements of Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item C, Single Business in the B-1 Business District, Items 1 and 2.

F. Shopping Centers in the B-1 Business Districts

1. Each shopping center in the B-1 Business District is permitted one (1) wall sign,

as defined by this Ordinance, identifying the shopping center, provided it does not exceed thirty-two (32) square feet in total surface area. Such sign may also contain the names of the individual businesses in the shopping center; and

2. Each individual business located in a shopping center in the B-1 Business District

shall be permitted the following:



a. One (1) or more wall signs provided that the total aggregate surface area does not exceed a ratio of one-half (1/2) square foot for each one (1) linear foot of building frontage, as defined by this Ordinance, nor a maximum of thirty-two (32) square feet for any single sign. Consistent with Sec. 13.3.2, Roof Signs, no sign placed under these circumstances shall project above the mansard roof or project more than twelve (12) inches from the building wall at the base of the sign. Individual businesses which are not readily visible from the main thoroughfare on which the shopping center is located may locate any portion of their wall signs on another exterior wall of the shopping center facing the thoroughfare; and

b. One (1) hanging sign provided a clearance of at least seven (7) feet is established between the bottom of the sign and any pedestrian walking surface. Such signs may extend no more than four (4) feet from the building wall over the walking surface, and may not exceed eight (8) square feet in surface area per sign face.

3. Each individual business located in a shopping center that provides ingress and

egress from the rear of the building, are permitted one (1) sign on the rear of the building, wall or hanging, not to exceed two (2) square feet in surface area per sign face.

G. Shopping Centers in the B-2 and B-3 Business District 1. Each shopping center in the B-2 and B-3 Business Districts is permitted one (1)

free-standing sign identifying the shopping center, provided it shall not be located within any public right-of-way, nor within fifteen (15) feet of the wear surface of any public thoroughfare if no right-of-way is defined among the public records of Macon County; shall not exceed ten (10) feet in height; and shall not exceed sixty-four (64) square feet in surface area per sign face. Such sign may also contain the names of the individual businesses in the shopping center;

2. Shopping centers which adjoin more than one (1) of the four (4) major highways serving Highlands--US-28, NC-106, US-64E, and US-64W--and which are served by entrances from said highways, shall be permitted two (2) free-standing signs sixty-four (64) square feet in surface area per sign face, one (1) on each highway; and

3. Each individual business located in a shopping center in the B-2 and B-3

Business Districts shall be permitted wall signs and one (1) hanging sign meeting the requirements of Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item F, Shopping Centers in the B-1 Business Districts, Items 2.a and b.

4. Each individual business located in a shopping center that provides ingress and

egress from the rear of the building, are permitted one (1) sign on the rear of the building, wall or hanging, not to exceed two (2) square feet in surface area per sign face.



H. Public Information Centers The Town may establish public information centers in commercial zoning districts. At these locations, limited space may be provided for one (1) year periods, as space allows, for directional signs and/or maps; signs sponsored by municipal, school, civic, other nonprofit organizations; and temporary commercial signs described in Sec. 13.4.1, Temporary Regulated Signs Allowed Without a Permit, Item D. Any business unable to display a sign due to space limitations shall be given priority over other signs in subsequent display periods. The design, content, and size of such signs shall be approved by the Planning and Development Director.

Article 14: Alternative Energy Sources


RESERVED

Page Intentionally Left Blank

Article 15: Inspections, Violations and Enforcement


Sec. 15.1 Construction and Interpretation 15.1.1 Purpose

This Article shall be construed to provide for the exercise of all remedies provided for in N.C.G.S. 160A-175, and to provide for the efficient administration and enforcement of the other articles in the Town’s Unified Development Ordinance (referred to in this Article as the “Ordinance”). In this article, “Director” shall mean the person, or the designees of the person, who is the Planning and Development Director, the Stormwater Administrator, or the Watershed Administrator, as the context indicates, and including any interim positions or other positions established by the Board of Commissioners to administer the other articles of this Ordinance.

15.1.2 Inspections

A. The Director shall have the following duties and authority:

1. To enter upon and investigate the condition of uninhabited buildings within the Town to determine if such buildings are in violation of the Ordinance;

2. To enter upon all premises within the Town, at reasonable times, for the purpose of making any inspections reasonably related to enforcement of the provisions of this Ordinance;

3. To periodically inspect all properties upon which land-disturbing activity is

occurring to determine whether the measures required in the plan are effective in controlling erosion and sedimentation resulting from the land-disturbing activity;

4. At the time of inspections, to present proper credentials if requested;

5. To obtain any necessary inspection warrants under N.C.G.S. 15-27.2 and comply

with all requirements of said Statute;

6. To determine compliance with this Ordinance; and

7. To investigate complaints and alleged violations of this Ordinance.

B. Interference with Inspections. It shall be a violation of this Ordinance for any person or entity to do any of the following:

1. To refuse entry or access to the Director when entry is requested for purposes

described in this Ordinance; and

2. To obstruct, hamper, or interfere with the Director in carrying out official duties.

Notice of the foregoing provision entitled “Interference with Inspections” shall be included in the certificate of approval of each plan.

Article 15: Inspections, Violations and Enforcement Section 15.2 Violations


Sec. 15.2 Violations

15.2.1 Violations

The following actions or inactions shall constitute a violation of this Ordinance: A. Any failure to comply with an applicable requirement, prohibition, standard, or

limitation imposed by this Ordinance;

B. Any failure to comply with a term or condition of any permit or other development or redevelopment approval or authorization granted pursuant to this Ordinance;

C. Any failure to comply with a rule or order adopted or issued pursuant to this

Ordinance; D. Any initiation or continuation of a land-disturbing activity for which a plan is required

except in accordance with the terms, conditions, and provisions of an approved plan; E. Any failure to meet the requirements of Article 4, Applications and Permits, Section

4.16.4, Operations and Maintenance Agreement, or to otherwise fail to conform to the requirements of the Stormwater Management section of this Ordinance; and

F. Any connection to any public or private stormwater conveyance system that allows

the discharge of non-stormwater, other than as excluded under other provisions of this Ordinance.

15.2.2 Continuing Offenses

Each and every day that a violation of any provision of this Ordinance continues shall constitute a separate and distinct violation.

15.2.3 Offenders

Persons or entities committing a violation of this Ordinance shall be referred to in this article as “offenders”. All of the following persons or entities shall be held responsible for violations of this Ordinance;

A. Relationship to land:

1. Owner;

2. Lessee;

3. Person/Developer;

4. Entity;

5. CFO of Entity;

6. Lessor;

7. Architect;

Article 15: Inspections, Violations and Enforcement Section 15.2 Violations


8. Builder;

9. Landscape designer;

10. Laborer (carpenters, landscapers, e.g.);

11. Real estate agent;

12. Attorney;

13. Persons benefitting from violation;

14. Shareholders;

15. Employees;

16. Other persons; or

17. “Any other.”

B. Types of land or improvements regulated:

1. Raw land;

2. Buildings;

3. Signs; and

4. Structures.

C. Activities regulated:

1. Participation;

2. Acting in concert;

3. Assisting;

4. Directing;

5. Creating;

6. Maintaining;

7. Land-disturbing activities; and

8. Activities regulated under the Sedimentation Pollution Control Act of 1973, or rules or orders adopted or issued pursuant to said Act.

Article 15: Inspections, Violations and Enforcement Section 15.3 Notice of Violations

Article 15-Page 4 Amended X/X/2010 Highlands, North Carolina 12/14/2011 Draft Unified Development Ordinance

Sec. 15.3 Notices of Violations For all Notices of Violation under this Ordinance, except as may be specifically set forth differently in this Ordinance, the following provisions shall apply. 15.3.1 Contents

Upon discovering a violation of a provision of this Ordinance, the Director shall draft and serve upon the offender a written "Notice of Violation" stating the following, where relevant to the violation:

A. That the land, building, structure, sign or use is in violation of this Ordinance;

B. A description of the violation, with reasonable clarity; C. A reference to the Section of this Ordinance that the offender violated; D. The amount of any penalty shown in the Town’s schedule of fees, and that said

penalty must be paid within thirty (30) days, or, that there is no scheduled fee for the violation in question, or, if the Notice of Violation requires only restorative activity, that there is no applicable scheduled fee;

E. The measures necessary to remedy the violation and bring the subject property into

compliance with this Ordinance; F. A reasonable time period within which the offender must correct the violation; and G. A warning that failure to correct the violation within the time period will result in the

assessment of a civil penalty (and the maximum amount that the penalty may be, if applicable) or other enforcement action.

H. For a violation of the North Carolina Sedimentation and Pollution Control Act of 1973

(N.C.G.S. Chapter 113A), the Notice of Violation will also state the following:

“You must either pay the assessment or contest the assessment within thirty (30) days of service by filing a petition for a contested case under Article 3 of Chapter 150B of the General Statutes. If you do not pay the civil penalty assessed within 30 days after it is due, the Town may institute a civil action to recover the amount of the assessment.”

I. Nothing in Section 15.3.1 shall be construed to prevent the issuance of a Notice of Violation that immediately imposes a penalty for a violation of Article 13, Sign Standards.

15.3.2 Service of Notice of Violation The Director shall serve the offender with a copy of the Notice of Violation in any manner as provided for service of process in the North Carolina Rules of Civil Procedure (Rule 4), provided however, that refusal to accept the Notice of Violation, or failure to notify the Director of a change of address shall not relieve the offender’s obligation to pay the stated penalty.

15.3.3 Filing of Notices of Violation

Article 15: Inspections, Violations and Enforcement Section 15.3 Notice of Violations


All Notices of Violation shall be filed in the office of the Director in a book specially designated for this purpose, with the date of the filing clearly and indelibly stamped or written on the Notice at the time of filing.

15.3.4 Appeals Except for appeals of violations of the North Carolina Sedimentation and Pollution Control Act of 1973 (N.C.G.S. Chapter 113A), an appeal of a Notice of Violation may be taken to the Zoning Board of Adjustment in accordance with the provisions of Sec. 4.19, Appeals, and relevant statutes. Appeals under the North Carolina Sedimentation and Pollution Control Act of 1973 (N.C.G.S. Chapter 113A) shall be taken under Article 3 of Chapter 150B of the General Statutes.

15.3.5 Complaints Regarding Violations

Any person may file a written complaint with the Director whenever a violation of a provision of this Ordinance occurs or is alleged to have occurred. The Director shall properly record the complaint, promptly investigate it, and take appropriate action, provided, however, that a complaint shall not be a prerequisite of inspection or enforcement of any provision of this Ordinance.

15.3.6 Equitable Remedies

In addition to other remedies provided for in this Ordinance, State Statutes, or the common law, this Ordinance may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction. In such case, the General Court of Justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the Town for equitable relief that there is an adequate remedy at law. By way of illustration, and not by way of limitation, the Town may seek equitable remedies in the form of any of the following: A. Temporary restraining order;

B. Temporary or permanent mandatory injunction to require positive action to correct

violations; C. Temporary or permanent prohibitory injunction to prevent future violations; D. Stop work order under N.C.G.S. 160A-421; E. Order of abatement to stop violations; F. Order of abatement to direct that action be taken as necessary to place a body of

water downstream from the dam in its former condition and otherwise bring the property into compliance with Sec. 4.15, Dam Impoundment Draining Permit;

G. Temporary and permanent injunction to prevent illegal subdivisions and the transfer

or sale of lots from such illegal subdivisions; and H. For offenders who engaged in a land-disturbing activity and who failed to retain

sediment generated by the activity, as required by N.C.G.S. Section 113A-57(3), an order requiring restoration after noncompliance, to restore the waters, landscape and riparian buffers and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. See also Article 11, Landscape,

Article 15: Inspections, Violations and Enforcement Section 15.4 Civil Penalties


Screening and Buffers, and Article 12, Natural Resources and Environmental Protection, for specific requirements.

Sec. 15.4 Civil Penalties 15.4.1 Citations

If an offender fails, for thirty (30) days or more, to take all corrective actions required by a Notice of Violation, the Board of Commissioners shall meet in open session (unless otherwise authorized to consider a matter in closed session under N.C.G.S. 143-318.11) and determine whether to assess a civil penalty and the amount of such penalty. The Town shall send notice of the date of such determination to the offender at the offender’s last known address, by first class mail, at least ten (10) days prior to the Board’s meeting. Notwithstanding any other provision herein, for violations of Article 13, Sign Standards, the issuance of a Notice of Violation that imposes an immediate penalty shall require payment as stated in the Notice of Violation without issuance of a citation or any further action by the Planning and Development Director or the Board of Commissioners. Service of such Notice of Violation shall be accomplished by giving the owner of the property (or any other person apparently in charge of the premises) a copy thereof.

15.4.2 Form of Citations Citations shall contain the following:

A. A reference to the Notice(s) of Violation involved;

B. The amount of the penalty as set forth in the fee schedule maintained in the Town Office by the Town Clerk, or, if the penalty is subject to the discretion of the Town Board, the basis of the amount under the factors set forth below;

C. That the violator must pay the penalty within thirty (30) days of the service of the

citation; and D. That failure to pay the penalty stated therein shall subject the offender to the

payment of reasonable attorney's fees, not to exceed fifteen percent (15%) of the outstanding balance, including the principal amount of the penalty and interest accruing thereon.

15.4.3 Determination of Amount of Penalty

In determining the amount to assess for a civil penalty, the Board shall consider each of the following factors:

A. The degree and extent of harm caused by the violation;

B. The cost of rectifying the damage, including clean up costs, devaluation of the

property, and value of animal and plant life damaged, and other reasonable costs; C. The amount of money the offender saved by noncompliance; D. Whether the violation was committed willfully; E. Whether the violator reported the violation;



F. Whether the violator took reasonable measures to comply with this Ordinance; G. Whether the violator voluntarily took reasonable measures to restore any areas

damaged by the violation; H. The prior record of the offender in complying or failing to comply with this Ordinance

or any other Local, State, or Federal pollution control rule or regulation; I. The date of the violation or the date it was detected; and J. Any other relevant mitigating and aggravating factors.

15.4.4 Public hearings

Nothing in this Article shall be construed to modify or limit the right of any person to a public hearing as may be provided for under other Articles of this Ordinance.

15.4.5 Service of Citations

Service of citations may be made by the Director in any manner allowed for service of process under Rule 4 of the North Carolina Rules of Civil Procedure.

15.4.6 Civil Action to Collect Penalties

The Town may institute proceedings to collect unpaid civil penalties, at any time after the date required for payment as set forth in the citation. Such proceeding shall be in the form of an action to collect a debt. If the penalty is based on a violation of the stormwater provisions of this Ordinance, Article 12, Natural Resources and Environmental Protection, the Director (as Stormwater Administrator) shall request the State of North Carolina Division of Water Quality to administer the penalty or take appropriate court action including assessing liens on the property.

15.4.7 Liens Civil penalties assessed for violations of this Ordinance shall constitute a lien against the property or properties upon which the violation is, or has been, conducted.

15.4.8 Fire Prevention Code A violation of the fire prevention code of the State Building Code shall subject the offender to assessment of a civil penalty as authorized under N.C.G.S. 143-139.

Sec. 15.5 Criminal Penalties 15.5.1 In General

Unless otherwise provided for in this Ordinance, violation of this Ordinance is a misdemeanor or infraction as provided by N.C.G.S. 14-4. Nothing in this Ordinance shall be construed to reduce the maximum criminal penalties for violations as provided for in State Statutes, or other State or Federal sources.

15.5.2 Land-Disturbing Activity

Any person who knowingly or willfully violates any provision of Article 4 of Chapter 113A of the General Statutes (N.C.G.S. 113A-50 et. seq.) or an ordinance, rule or order adopted or issued pursuant to said Article, or who knowingly or willfully initiates or

Article 15: Inspections, Violations and Enforcement Section 15.6 Other Remedies


continues a land-disturbing activity for which an erosion and sedimentation control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor as provided in N.C.G.S. Section 113A-64(b).

15.5.3 Draining of Impoundment Regulations Any person who willfully or negligently violates any provision of Sec. 4.15, Dam Impoundment Draining Permit, shall be guilty of a Class 3 misdemeanor, or the highest misdemeanor class as may be possible under existing sentencing statutes.

Sec. 15.6 Other Remedies 15.6.1 Denial of Permit or Certificate

The Director may withhold or deny any permit, certificate, or other authorization on any land, building, structure, sign, or use in which there is an uncorrected violation of a provision of this Ordinance, or of a condition or qualification of a permit, certificate, or other authorization previously granted.

15.6.2 Revocation of Permit or Certificate

The Director may revoke, disapprove or withhold subsequent permits and development applications and require the return of a permit or certificate by notifying the permit holder in writing, stating the reason for the revocation as long as a violation of this Ordinance continues and remains uncorrected. Permits or certificates shall be revoked for any substantial departure from the approved application, plans, or specifications; refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of an applicable State or local law may also be revoked.

15.6.3 Conditional Permit of Temporary Certificate

The Director may condition the authorization of any permit or certificate upon the correction of a deficiency, or payment of civil penalties within a specified time.

15.6.4 Statements and Reports The Town shall have the power to require written statements, or filing of reports under oath, with respect to pertinent questions relating to land-disturbing activity.

Sec. 15.7 Minimum Standards for Habitability 15.7.1 Findings and Intent

The Board of Commissioners finds that there are dwellings in the Town that are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering the dwellings unsafe or unsanitary, and dwellings that are dangerous or detrimental to the health, safety, morals, or otherwise inimical to the welfare of the residents of the Town, and enacts the following provisions under the authority of N.C.G.S. 160-441 et seq., and intends to exercise its police powers to repair, close or demolish the dwellings in the manner herein provided. This article shall be interpreted, where appropriate, as a resolution to the extent required by said Statute, expressly approving the application of this article within the corporate limits of the Town. Further, it is the intent of this article to provide for the repair, closing or demolition of any



abandoned structure which the Board finds to be a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children or frequent use by vagrants as living quarters in the absence of sanitary facilities, and to provide for the repair, closing or demolition of such structure pursuant to the same provisions and procedures as are prescribed herein for the repair, closing or demolition of dwellings found to be unfit for human habitation.

15.7.2 Enforcement

The Planning and Development Director is hereby designated as the town officer to enforce the provisions of this division.

15.7.3 Authorization

The Planning and Development Director is authorized to exercise such powers as may be necessary to carry out the intent and the provisions of this division, including the following powers in addition to others granted:

A. Investigate the condition of uninhabited buildings within the town in order to

determine which structures are in violation of this division. B. Enter upon premises for the purposes of making inspections.

15.7.4 Standards for Enforcement

A. Any uninhabited structure within the Town shall be deemed in violation of this

division whenever such structure constitutes a hazard to the health, safety or welfare of the Town citizens as a result of: 1. The attraction of insects or rodents; 2. Conditions creating a fire hazard; 3. Dangerous conditions constituting a threat to children; or 4. Frequent use by vagrants as living quarters in the absence of sanitary facilities.

B. In making the preliminary determination of whether or not an uninhabited structure is

in violation of this division, the Planning and Development Director may, by way of illustration and not limitation, consider the presence or absence of the following conditions:

1. Holes or cracks in the structure's floors, walls, ceilings or roof which might attract

or admit rodents and insects, or become breeding places for rodents and insects; 2. The collection of garbage or rubbish in or near the structure which might attract

rodents or insects, or become breeding places for rodents and insects; 3. Violations of the state building code, the state electrical code or the fire

prevention code which constitute a fire hazard in such structure;

Article 15: Inspections, Violations and Enforcement Section 15.6 Other Remedies


4. The collection of garbage, rubbish or combustible material which constitute a fire hazard in such structure;

5. The use of such structure or nearby grounds or facilities by children as a play

area; 6. Violations of the state building code which might result in danger to children

using the structure or nearby grounds or facilities as a play area; or 7. Repeated use of such structure by transients and vagrants, in the absence of

sanitary facilities, for living, sleeping, cooking or eating.

15.7.5 Procedure for Enforcement

A. Preliminary Investigation, Notice and Hearing Whenever a petition is filed with the Planning and Development Director by at least

five (5) legal residents of the Town and/or legal residents residing within the Town of Highlands zoning jurisdiction charging that any structure exists in violation of this division or whenever it appears to the Planning and Development Director, upon inspection, that any structure exists in violation hereof, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such structure a complaint stating the charges and containing a notice that a hearing will be held before the Planning and Development Director at a place therein fixed, not less than ten (10) nor more than thirty (30) days after the serving of the complaint. The owner or any party in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Notice of such hearing shall also be given to at least one (1) of the persons signing a petition relating to such structure. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Planning and Development Director.

B. Procedure After Hearing If, after notice and hearing, the Planning and Development Director determines that

the structure under consideration is an uninhabited structure and in violation of this Article in accordance with the standards herein set forth, he or she shall record at the Macon County or Jackson County (as appropriate) Register of Deed a Lis Pendens and shall state in writing his findings of fact in support of such determination, stating whether said uninhabited structure is deteriorated or dilapidated, and shall issue and cause to be served upon the owner thereof an order:

1. If the repair to correct unsafe conditions of said uninhabited structure bringing it

up to the standards described in the North Carolina State Building Code can be made at a reasonable cost in relation to the present value of the structure, the order shall require the owner, within a specified period of time, to repair such a structure so as to render it in compliance with the order of the Planning and Development Director. Such order may also direct and require the owner to vacate and close the structure until the repairs have been made and/or the unsafe and dangerous character of such structure has been corrected; and

Article 15: Inspections, Violations and Enforcement Section 15.7 Minimum Standards for Habitability


2. If the repair of said uninhabited structure bringing it up to the standards described in the North Carolina State Building Code cannot be made at a reasonable cost in relation to the present value of the structure, the order shall require the owner, within a specified period of time either to repair such structure so as to bring it into compliance with the standards described in the North Carolina State Building Code or to demolish and remove such structure.

3. Upon a finding that the structure has been brought into or found to be in

compliance with this Ordinance, it shall be the duty of the Planning and Development Director to have any Lis Pendens filed in relation to the matter removed.

15.7.6 Appeal to Board of Adjustment

Appeals may be taken from any decision or order of the Planning and Development Director under this Section to the Zoning Board of Adjustment, in accordance with the procedures specified in N.C.G.S. 160A-446.

15.7.7 Procedure for Enforcement Upon Noncompliance by Owner

A. If the owner fails to comply with an order to repair the structure, the Planning and Development Director may:

1. Cause such structure to be repaired, and pending such repairs, may order such

structure vacated and closed; and 2. Cause to be posted on the main entrance of any structure so closed, a placard

with the following words:

“Notice is hereby given that this building is in an unsafe and dangerous condition; may constitute a fire hazard by reason of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally; and may be dangerously infested with rodents or insects. Said building has been condemned under the building laws of the State of North Carolina.”

B. If the owner fails to comply with an order to remove or demolish the structure, the

Planning and Development Director may:

1. Cause such structure to be removed or demolished; and

2. Cause to be posted, pending removal or demolition, on the main entrance of any structure a placard with the following words:

“Notice is hereby given that this building is in an unsafe and hazardous condition; may constitute a fire hazard by reasons of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally; and may be dangerously infested with rodents or insects. Said building has been condemned under the building laws of the State of North Carolina.”

C. Duties of Planning and Development Director



The duties of the Planning and Development Director set forth in the preceding items A & B shall not be exercised until the Town Board, by Ordinance, shall have ordered the hearing officer to proceed to effectuate the purpose of this Article with respect to the particular structure which the officer shall have found to be in violation of this Article. No such ordinance shall be adopted to require demolition of a structure until the owner has first been given a reasonable opportunity to bring it into conformity with this Article. Such ordinances shall be recorded in the Office of the Register of Deeds of Macon County or Jackson County (as appropriate) and shall be indexed in the name of the property owner in the grantor index. Upon adoption by the Town Board of an ordinance authorizing and directing the property owner to do so, as provided by N.C.G.S. 160A- 443(5) and this Ordinance, the Planning and Development Director shall issue an order for removal or demolition and proceed to cause such structure to be removed or demolished, as directed by the Ordinance of the Board and shall cause to be posted on the main entrance of such structure a placard prohibiting the use or occupation of the structure. Use or occupation of a building so posted shall constitute a misdemeanor.

D. Petition to Superior Court by Owner

Any person aggrieved by an order issued by the Planning and Development Director under Sec. 15.7.7, Procedure for Enforcement Upon Noncompliance by Owner, of this Ordinance shall have the right, within thirty (30) days after issuance of the order, to petition the Superior Court for a temporary injunction restraining the Planning and Development Director pending a final disposition of the cause, as provided by N.C.G.S. 160A-446(f).

15.7.8 Methods of Service of Complaints and Orders

Complaints or orders issued by the Planning and Development Director pursuant to this division shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by the Planning and Development Director in the exercise of reasonable diligence, the Planning and Development Director shall make an affidavit to that effect, and the serving of such complaint or order upon such person may be made by publication in the manner prescribed in the North Carolina Rules of Civil Procedure. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order. Failure on the part of any owner or party in interest to receive or have served upon him any complaint, notice or order herein provided for shall not affect or invalidate the proceedings with respect to any other owner or party in interest or any other person.

15.7.9 Costs and Lien on Premises

As provided by N.C.G.S. 160A-446(6), the amount of the cost of any removal or demolition caused to be made or done by the Planning and Development Director pursuant to this division shall be a lien against the real property upon which such cost was incurred. Such lien shall be filed, have the same priority, and be enforced and the costs collected as provided by the General Statutes.

15.7.10 Alternative Remedies

Neither this Article nor any of its provisions shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this Article by criminal process, and the



enforcement of any remedy provided in this division shall not prevent the enforcement of any other remedy or remedies provided in this Article or in other ordinances or laws.

Article 16: Flood Damage Prevention Ordinance


Sec. 16.1 Statutory Authorization, Findings of Fact, Purpose and Objectives 16.1.1 Statutory Authorization

The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter 160A 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. Therefore, the Board of Commissioners of the Town of Highlands, North Carolina, does ordain as follows:

16.1.2 Findings of Fact and Intention

A. The flood prone areas within the jurisdiction of the Town of Highlands are subject to periodic inundation which may result in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B. These flood losses are caused by the cumulative effect of obstructions in floodplains

causing increases in flood heights and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards.

16.1.3 Statement of Purpose

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

A. Restrict or prohibit uses that are dangerous to health, safety, and property due to

water or erosion hazards or that result in damaging increases in erosion, flood heights or velocities;

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

C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

D. Control filling, grading, dredging, and all other development that may increase erosion or flood damage; and

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

16.1.4 Objectives

The objectives of this Ordinance are to:

A. Protect human life, safety, and health; B. Minimize expenditure of public money for costly flood control projects;

Article 16: Flood Damage Prevention Ordinance Section 16.1 Statutory Authorization, Findings of Fact, Purpose and Objectives


C. Minimize the need for rescue and relief efforts associated with flooding and generally

undertaken at the expense of the general public; D. Minimize prolonged business losses and interruptions; E. Minimize damage to public facilities and utilities (i.e. water and gas mains, electric,

telephone, cable and sewer lines, streets, and bridges) that are located in flood prone areas;

F. Help maintain a stable tax base by providing for the sound use and development of

flood prone areas; and G. Ensure that potential buyers are aware that property is in a Special Flood Hazard

Area. Sec. 16.2 Definitions Unless specifically defined below, words or phrases used in this Article shall be interpreted so as to give them the meaning they have in common usage and to give this Article its most reasonable application.

Accessory Structure (Appurtenant Structure) means a structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.

Addition (to an existing building) means an extension or increase in the floor area or height of a building or structure.

Appeal means a request to the Zoning Board of Adjustment for a review of the Floodplain Administrator's interpretation of any provision of this Ordinance.

Area of Special Flood Hazard see “Special Flood Hazard Area (SFHA)”.

Base Flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year.

Base Flood Elevation (BFE) means a determination of the water surface elevations of the base flood as published in the Flood Insurance Study. When the BFE has not been provided in a “Special Flood Hazard Area”, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation, when combined with the “Freeboard”, establishes the “Regulatory Flood Protection Elevation”.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Building see “Structure”.

Article 16: Flood Damage Prevention Ordinance Section 16.2 Definitions


Chemical Storage Facility means a building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.

Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

Disposal means, as defined in N.C.G.S. 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

Elevated Building means a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Encroachment means the advance or infringement of uses, fill, excavation, buildings, structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Existing Manufactured Home Park or Manufactured Home Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the initial effective date of the floodplain management regulations adopted by the community.

Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

A. The overflow of inland or tidal waters; and/or

B. The unusual and rapid accumulation or runoff of surface waters from any source.

Flood Boundary and Floodway Map (FBFM) means an official map of a community, issued by the Federal Emergency Management Agency, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM).

Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A.

Flood Insurance means the insurance coverage provided under the National Flood Insurance Program.

Flood Insurance Rate Map (FIRM) means an official map of a community, issued by the Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.



Flood Insurance Study (FIS) means an examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published.

Flood Prone Area see “Floodplain”

Flood Zone means a geographical area shown on a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) that reflects the severity or type of flooding in the area.

Floodplain means any land area susceptible to being inundated by water from any source.

Floodplain Administrator is the individual appointed to administer and enforce the floodplain management regulations.

Floodplain Development Permit means any type of permit that is required in conformance with the provisions of this Ordinance, prior to the commencement of any development activity.

Floodplain Management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain Management Regulations means this Ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes Federal, State or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Freeboard means the height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The Base Flood Elevation (BFE) plus the freeboard establishes the “Regulatory Flood Protection Elevation”.



Functionally Dependent Facility means a facility which cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.

Hazardous Waste Management Facility means, as defined in N.C.G.S. 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.

Highest Adjacent Grade (HAG) means the highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.

Historic Structure means any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained

by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;

B. Certified or preliminarily determined by the Secretary of Interior as contributing to

the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C. Individually listed on a local inventory of historic landmarks in communities with a

“Certified Local Government (CLG) Program”; or

D. Certified as contributing to the historical significance of a historic district designated by a community with a “Certified Local Government (CLG) Program”.

Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980.

Lowest Adjacent Grade (LAG) means the elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.

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

Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle”.



Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Market Value means the building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values.

Mean Sea Level means, for purposes of this Ordinance, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.

New Construction means structures for which the “start of construction” commenced on or after the effective date of the initial floodplain management regulations and includes any subsequent improvements to such structures.

Non-Encroachment Area means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report.

Post-FIRM means construction or other development for which the “start of construction” occurred on or after the effective date of the initial Flood Insurance Rate Map (FIRM).

Pre-FIRM means construction or other development for which the “start of construction” occurred before the effective date of the initial Flood Insurance Rate Map (FIRM).

Principally Above Ground means that at least fifty-one percent (51%) of the actual cash value of the structure is above ground.

Public Safety and/or Nuisance means anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Recreational Vehicle (RV) means a vehicle, which is:

A. Built on a single chassis; B. Four hundred (400) square feet or less when measured at the largest

horizontal projection;

C. Designed to be self-propelled or permanently towable by a light duty truck; and

D. Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.

Reference Level is the top of the lowest floor for structures within Special Flood Hazard



Areas designated as Zone A1-A30, AE, A, A99 or AO.

Regulatory Flood Protection Elevation means the “Base Flood Elevation” plus the “Freeboard”. In “Special Flood Hazard Areas” where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two (2) feet of freeboard. In “Special Flood Hazard Areas” where no BFE has been established, this elevation shall be at least two (2) feet above the highest adjacent grade.

Remedy a Violation means to bring the structure or other development into compliance with State and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the Ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Salvage Yard means any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery.

Solid Waste Disposal Facility means any facility involved in the disposal of solid waste, as defined in N.C.G.S. 130A-290(a)(35).

Solid Waste Disposal Site means, as defined in N.C.G.S. 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.

Special Flood Hazard Area (SFHA) means the land in the floodplain subject to a one percent (1%) or greater chance of being flooded in any given year, as determined in Section 16.3.2, Basis for Establishing the Special Flood Hazard Area, of this Ordinance.

Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building, a manufactured home, or a gas, liquid, or



liquefied gas storage tank that is principally above ground.

Substantial Damage means damage of any origin sustained by a structure during any one (1) year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. See definition of “Substantial Improvement”. Substantial damage also means flood-related damage sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.

Substantial Improvement means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one (1) year period for which the cost equals or exceeds fifty percent (50%) of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

A. Any correction of existing violations of State or community health, sanitary, or

safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or

B. Any alteration of a historic structure, provided that the alteration will not

preclude the structure's continued designation as a historic structure.

Variance is a grant of relief from the requirements of this Ordinance.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sec. 16.4, Administration, and Sec. 16.5, Provisions for Flood Hazard Reduction, is presumed to be in violation until such time as that documentation is provided.

Water Surface Elevation (WSE) means the height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of riverine areas.

Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Sec. 16.3 General Provisions 16.3.1 Lands to Which This Ordinance Applies

This Article shall apply to all Special Flood Hazard Areas within the jurisdiction of the Town of Highlands and within the jurisdiction of any other community whose governing body agrees, by resolution, to such applicability.

Article 16: Flood Ordinance Section 16.3 General Provisions


16.3.2 Basis for Establishing the Special Flood Hazard Area

The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM), for Macon County dated May 4, 2009, which are adopted by reference and declared to be a part of this article.

16.3.3 Establishment of Floodplain Development Permit A Floodplain Development Permit shall be required in conformance with the provisions of this Ordinance prior to the commencement of any development activities within Special Flood Hazard Areas determined in accordance with the provisions of Sec. 16.3.2, Basis for Establishing the Special Flood Hazard Area of this Article.

16.3.4 Compliance No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this Article and other applicable regulations.

16.3.5 Abrogation and Greater Restrictions This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

16.3.6 Interpretation In the interpretation and application of this Ordinance, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and

C. Deemed neither to limit nor repeal any other powers granted under State Statutes.

16.3.7 Warning and Disclaimer of Liability

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

16.3.8 Penalties for Violation Violation of the provisions of this Article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this Article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five thousand dollars ($5,000.00) or imprisoned for not more than thirty (30) days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town from

Article 16: Flood Ordinance Section 16.4 Administration


taking such other lawful action as is necessary to prevent or remedy any violation. Sec. 16.4 Administration 16.4.1 Designation of a Floodplain Administrator

The Town of Highlands Director of Planning and Development, hereinafter referred to as the “Floodplain Administrator”, is hereby appointed to administer and implement the provisions of this Article.

16.4.2 Floodplain Development Application, Permit and Certification Requirements

A. Application Requirements

Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas. The following items shall be presented to the Floodplain Administrator to apply for a Floodplain Development Permit:

1. Plot plan drawn to scale which shall include, but shall not be limited to, the

following specific details of the proposed floodplain development:

a. The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;

b. The boundary of the Special Flood Hazard Area as delineated on the FIRM or

other flood map as determined in Sec. 16.3.2, Basis for Establishing the Special Flood Hazard Area, or a statement that the entire lot is within the Special Flood Hazard Area;

c. Flood zone(s) designation of the proposed development area as determined

on the FIRM or other flood map as determined in Sec. 16.3.2, Basis for Establishing the Special Flood Hazard Area;

d. The boundary of the floodway(s) or non-encroachment area(s) as determined

in Sec. 16.3.2, Basis for Establishing the Special Flood Hazard Area;

e. The Base Flood Elevation (BFE) where provided as set forth in Sec. 16.3.2, Basis for Establishing the Special Flood Hazard Area; Sec. 16.4.3, Duties and Responsibilities of the Floodplain Administrator; or Sec. 16.5.4, Standards for Floodplains Without Established Base Flood Elevations;

f. The old and new location of any watercourse that will be altered or relocated

as a result of proposed development; and

g. The certification of the plot plan by a registered land surveyor or professional engineer.

2. Proposed elevation, and method thereof, of all development within a Special

Flood Hazard Area including but not limited to:



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

b. Elevation in relation to mean sea level to which any non-residential structure

in Zone AE, A or AO will be floodproofed; and

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

3. If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting

data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures.

4. Foundation Plan, drawn to scale, which shall include details of the proposed

foundation system to ensure all provisions of this Ordinance are met. These details include but are not limited to: a. The proposed method of elevation, if applicable (i.e., fill, solid foundation

perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and

b. Openings to facilitate automatic equalization of hydrostatic flood forces on

walls in accordance with Sec. 16.5.2, Specific Standards, Item D, Elevated Buildings, Item 3, when solid foundation perimeter walls are used in Zones A, AO, AE, and A1-30.

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

6. Plans and/or details for the protection of public utilities and facilities such as

sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.

7. Certification that all other Local, State and Federal permits required prior to

Floodplain Development Permit issuance have been received.

8. Documentation for placement of Recreational Vehicles and/or Temporary Structures, when applicable, to ensure that the provisions of Sec. 16.5.2, Specific Standards, Item F, Recreational Vehicles, and Item G, Temporary Non-Residential Structures, of this Ordinance are met.

9. A description of proposed watercourse alteration or relocation, when applicable,

including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.

10. Payment of application fee, as per fee schedule.



B. Permit Requirements The Floodplain Development Permit shall include, but not be limited to:

1. A description of the development to be permitted under the Floodplain

Development Permit; 2. The Special Flood Hazard Area determination for the proposed development in

accordance with available data specified in Sec. 16.3.2, Basis for Establishing the Special Flood Hazard Area;

3. The Regulatory Flood Protection Elevation required for the reference level and all

attendant utilities;

4. The Regulatory Flood Protection Elevation required for the protection of all public utilities;

5. All certification submittal requirements with timelines;

6. A statement that no fill material or other development shall encroach into the

floodway or non-encroachment area of any watercourse, as applicable; and

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

C. Certification Requirements

1. Elevation Certificates

a. An Elevation Certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit.

b. An Elevation Certificate (FEMA Form 81-31) is required after the reference

level is established. Within seven (7) calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder’s risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.

c. A final as-built Elevation Certificate (FEMA Form 81-31) is required after

construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain



Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.

2. Floodproofing Certificates

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

3. If a manufactured home is placed within Zone A, AO, AE, or A1-30 and the

elevation of the chassis is more than thirty-six (36) inches in height above grade, an engineered foundation certification is required in accordance with the provisions of Sec. 16.5.2, Specific Standards, Item C, Manufactured Homes, Item 2.

4. If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer’s certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit Applicant prior to issuance of a Floodplain Development Permit.

5. Certification Exemptions. The following structures, if located within Zone A, AO,

AE or A1-30, are exempt from the elevation/floodproofing certification requirements specified in Items (a) and (b) of this subsection: a. Recreational Vehicles meeting requirements of Sec. 16.5.2, Specific

Standards, Item F, Recreational Vehicles; b. Temporary Structures meeting requirements of Sec. 16.5.2, Specific

Standards, Item G, Temporary Non-Residential Structures; and



c. Accessory Structures less than one hundred fifty (150) square feet meeting requirements of Sec. 16.5.2, Specific Standards, Item H, Accessory Structures.

6. No zoning certificates, soil erosion and sediment control permits, or building

permits shall be issued unless the proposed development or improvement has been issued a current Floodplain Development Permit.

D. Fees

1. The Town has established a fee schedule for the review and approval of plans and permit applications. In establishing the fee schedule, the Town has considered and will consider in the future the administrative and personnel costs incurred for reviewing the plans and applications and for related compliance activities.

2. Payment of all costs incurred by the Town for additional review of plans and

applications by outside consultants necessitated by the scope or complexity of the application and/or plans shall be the responsibility of the Applicant and shall be paid prior to the issuance of any associated permit or certification.

16.4.3 Duties and Responsibilities of the Floodplain Administrator

The Floodplain Administrator shall perform, but not be limited to, the following duties:

A. Review all floodplain development applications and issue permits for all proposed development within Special Flood Hazard Areas to assure that the requirements of this Ordinance have been satisfied.

B. Review all proposed development within Special Flood Hazard Areas to assure that all necessary Local, State and Federal permits have been received.

C. Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).

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

E. Prevent encroachments into floodways and non-encroachment areas unless the

certification and flood hazard reduction provisions of Sec. 16.5.6, Floodways and Non-Encroachment Areas, are met.

F. Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of Sec. 16.4.2, Floodplain Development Application, Permit and Certification Requirements, Item C, Certification Requirements.



G. Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of Sec. 16.4.2, Floodplain Development Application, Permit and Certification Requirements, Item C, Certification Requirements.

H. Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of Sec. 16.4.2, Floodplain Development Application, Permit and Certification Requirements, Item C, Certification Requirements.

I. When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of Sec. 16.4.2, Floodplain Development Application, Permit and Certification Requirements, Item C, Certification Requirements, and Sec. 16.5.2, Specific Standards, Item B, Non-Residential Construction.

J. Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas, floodways, or non-encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Article.

K. When Base Flood Elevation (BFE) data has not been provided in accordance with the provisions of Sec. 16.3.2, Basis for Establishing the Special Flood Hazard Area, obtain, review, and reasonably utilize any BFE data, along with floodway data or non-encroachment area data available from a Federal, State, or other source, including data developed pursuant to Sec. 16.5.4, Standards for Floodplains Without Established Base Flood Elevations, Item B.2, in order to administer the provisions of this Ordinance.

L. When Base Flood Elevation (BFE) data is provided but no floodway or non-encroachment area data has been provided in accordance with the provisions of Sec. 16.3.2, Basis for Establishing the Special Flood Hazard Area, obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a Federal, State, or other source in order to administer the provisions of this Ordinance.

M. When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a Special Flood Hazard Area is above the Base Flood Elevation (BFE), advise the property owner of the option to apply for a Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the Floodplain Development Permit file.

N. Permanently maintain all records that pertain to the administration of this Ordinance and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.

O. Make on-site inspections of work in progress. As the work pursuant to a Floodplain Development Permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local Ordinance and the terms of the permit. In



exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.

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

Q. Revoke Floodplain Development Permits as required. The Floodplain Administrator may revoke and require the return of the Floodplain Development Permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the Permit. Any Floodplain Development Permit mistakenly issued in violation of an applicable State or local law may also be revoked.

R. Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.

S. Follow through with corrective procedures of Sec. 16.4.4, Corrective Procedures.

T. Review, provide input, and make recommendations for variance requests.

U. Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps and studies adopted in accordance with the provisions of Sec. 16.3.2, Basis for Establishing the Special Flood Hazard Area, of this Ordinance, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify State and FEMA of mapping needs.

V. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).

16.4.4 Corrective Procedures

A. Violations To Be Corrected When the Floodplain Administrator finds violations of applicable State and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.



B. Actions in Event of Failure to Take Corrective Action If the owner of a building or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner’s last known address or by personal service, stating:

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

regulations; 2. That a hearing will be held before the Floodplain Administrator at a designated

place and time, not later than ten (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 applicable.

C. Order to Take Corrective Action If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor more than one-hundred-eighty (180) calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.

D. Appeal Any owner who has received an order to take corrective action may appeal the order to the Zoning Board of Adjustment by giving notice of appeal in writing to the Floodplain Administrator and the Town 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 Zoning Board of Adjustment 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.

16.4.5 Variance Procedures

A. The Zoning Board of Adjustment as established by the Town of Highlands hereinafter referred to as the “appeal board”, shall hear and decide requests for variances from the requirements of this Ordinance.

B. Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as provided in Chapter 7A of the N.C.G.S.

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

Sec. 16.2, Definitions, of this Ordinance, provided provisions of Sec. 16.4.5, Variance Procedures, Item I, Conditions for Variances, Subsections (2), (3), and (5) have been satisfied; and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or

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

Section.

D. In passing upon variances, the Appeal Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance, and:

1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of the proposed facility and its contents to flood damage and

the effect of such damage on the individual owner;

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

5. The necessity to the facility of a waterfront location as defined under Sec. 16.2,

Definitions, of this Ordinance as a functionally dependent facility, where applicable;

6. The availability of alternative locations, not subject to flooding or erosion

damage, for the proposed use;

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

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

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

vehicles;

10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

11. The costs of providing governmental services during and after flood conditions

including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.



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

F. Upon consideration of the factors listed above and the purposes of this Ordinance,

the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this Ordinance.

G. Any Applicant to whom a variance is granted shall be given written notice specifying

the difference between the Base Flood Elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to twenty-five dollars ($25) per one hundred dollars ($100) of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.

H. The Floodplain Administrator shall maintain the records of all appeal actions and

report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request.

I. Conditions for Variances:

1. Variances shall not be issued when the variance will make the structure in

violation of other Federal, State, or local laws, regulations, or ordinances. 2. Variances shall not be issued within any designated floodway or non-

encroachment area if the variance would result in any increase in flood levels during the base flood discharge.

3. Variances shall only be issued upon a determination that the variance is the

minimum necessary, considering the flood hazard, to afford relief.

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

5. Variances shall only be issued upon:

a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional

hardship; and

c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

J. A variance may be issued for solid waste disposal facilities or sites, hazardous waste

management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following conditions are met.

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

Article 16: Flood Ordinance Section 16.5 Provisions for Flood Hazard Reduction


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 Town of Highlands has notified the Secretary of the North Carolina

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.

Sec. 16.5 Provisions for Flood Hazard Reduction 16.5.1 General Standards

In all Special Flood Hazard Areas the following provisions are required:

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

B. All new construction and substantial improvements shall be constructed with

materials and utility equipment resistant to flood damage; C. All new construction and substantial improvements shall be constructed by methods

and practices that minimize flood damages; D. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other

service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the Regulatory Flood Protection Elevation. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches;

E. All new and replacement water supply systems shall be designed to minimize or

eliminate infiltration of floodwaters into the system; F. New and replacement sanitary sewage systems shall be designed to minimize or

eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters;

G. On-site waste disposal systems shall be located and constructed to avoid impairment

to them or contamination from them during flooding; H. Any alteration, repair, reconstruction, or improvements to a structure, which is in

compliance with the provisions of this Ordinance, shall meet the requirements of “new construction” as contained in this Ordinance;

I. Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a

building or structure existing on the effective date of this ordinance 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 ordinance;

J. New solid waste disposal facilities and sites, hazardous waste management facilities,

salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in Sec. 16.4.5, Variance Procedures, Item J. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or flood proofed to at least the Regulatory Flood Protection Elevation and certified in accordance with the provisions of Sec. 16.4.2, Floodplain Development Application, Permit and Certification Requirements, Item C, Certification Requirements;

K. All subdivision proposals and other development proposals shall be consistent with

the need to minimize flood damage; L. All subdivision proposals and other development proposals shall have public utilities

and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

M. All subdivision proposals and other development proposals shall have adequate

drainage provided to reduce exposure to flood hazards; N. All subdivision proposals and other development proposals shall have received all

necessary permits from those governmental agencies for which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;

O. When a structure is partially located in a Special Flood Hazard Area, the entire

structure shall meet the requirements for new construction and substantial improvements; and

P. When a structure is located in multiple flood hazard zones or in a flood hazard risk

zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest Base Flood Elevation (BFE) shall apply.

16.5.2 Specific Standards

In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as set forth in Sec. 16.3.2, Basis for Establishing the Special Flood Hazard Area, or Sec. 16.5.4, Standards for Floodplains Without Established Base Flood Elevations, the following provisions, in addition to the provisions of Sec. 16.5.1, General Standards, are required:

A. Residential Construction

New construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation, as defined in Sec. 16.2, Definitions, of this Ordinance.



B. Non-Residential Construction New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation, as defined in Section 16.2, Definitions, of this Ordinance. Structures located in A, AE, AO, and A1-30 Zones may be floodproofed to the Regulatory Flood Protection Elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the Regulatory Flood Protection Elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Sec. 16.4.2, Floodplain Development Application, Permit and Certification Requirements, Item C, Certification Requirements, along with the operational plan and the inspection and maintenance plan.

C. Manufactured Homes

1. New and replacement manufactured homes shall be elevated so that the

reference level of the manufactured home is no lower than the Regulatory Flood Protection Elevation, as defined in Sec. 16.2, Definitions, of this Ordinance.

2. Manufactured homes shall be securely anchored to an adequately anchored

foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the State of North Carolina Regulations for Manufactured Homes adopted by the Commissioner of Insurance pursuant to N.C.G.S. 143-143.15. Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty-six (36) inches in height, an engineering certification is required.

3. All enclosures or skirting below the lowest floor shall meet the requirements of

Sec. 16.5.2, Specific Standards, Item D, Elevated Buildings. 4. An evacuation plan must be developed for evacuation of all residents of all new,

substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management Coordinator.

D. Elevated Buildings

Fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor:

1. Shall not be designed or used for human habitation, but shall only be used for

parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living



area (stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas;

2. Shall be constructed entirely of flood resistant materials at least to the Regulatory

Flood Protection Elevation; and 3. Shall include, in Zones A, AO, AE, and A1-30, flood openings to automatically

equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria: a. A minimum of two (2) flood openings on different sides of each enclosed area

subject to flooding; b. The total net area of all flood openings must be at least one (1) square inch

for each square foot of enclosed area subject to flooding; c. If a building has more than one (1) enclosed area, each enclosed area must

have flood openings to allow floodwaters to automatically enter and exit; d. The bottom of all required flood openings shall be no higher than one (1) foot

above the adjacent grade; e. Flood openings may be equipped with screens, louvers, or other coverings or

devices, provided they permit the automatic flow of floodwaters in both directions; and

f. Enclosures made of flexible skirting are not considered enclosures for

regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.

E. Additions/Improvements

1. Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

a. Not a substantial improvement, the addition and/or improvements must be

designed to minimize flood damages and must not be any more non-conforming than the existing structure; and

b. A substantial improvement, both the existing structure and the addition and/or

improvements must comply with the standards for new construction. 2. Additions to post-FIRM structures with no modifications to the existing structure

other than a standard door in the common wall shall require only the addition to comply with the standards for new construction.



3. Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

a. Not a substantial improvement, the addition and/or improvements only must

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

improvements must comply with the standards for new construction.

F. Recreational Vehicles Recreational vehicles shall either:

1. Be on site for fewer than one hundred eighty (180) consecutive days and be fully

licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or

2. Meet all the requirements for new construction.

G. Temporary Non-Residential Structures

Prior to the issuance of a Floodplain Development Permit for a temporary structure, the Applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a hurricane, flash flood or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval:

1. A specified time period for which the temporary use will be permitted. Time

specified may not exceed three (3) months, renewable up to one (1) year;

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

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

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

5. Designation, accompanied by documentation, of a location outside the Special Flood Hazard Area, to which the temporary structure will be moved.

H. Accessory Structures

When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area, the following criteria shall be met:

1. Accessory structures shall not be used for human habitation (including working,

sleeping, living, cooking or restroom areas); 2. Accessory structures shall not be temperature-controlled;



3. Accessory structures shall be designed to have low flood damage potential; 4. Accessory structures shall be constructed and placed on the building site so as

to offer the minimum resistance to the flow of floodwaters; 5. Accessory structures shall be firmly anchored in accordance with the provisions

of Sec. 16.5.1, General Standards, Item A; 6. All service facilities such as electrical shall be installed in accordance with the

provisions of Sec. 16.5.1, General Standards, Item D; and 7. Flood openings to facilitate automatic equalization of hydrostatic flood forces

shall be provided below Regulatory Flood Protection Elevation in conformance with the provisions of Sec. 16.5.1, General Standards, Item D, Item 3.

An accessory structure with a footprint less than one hundred fifty (150) square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with Sec. 16.4.2, Floodplain Development Application, Permit and Certification Requirements, Item C, Certification Requirements.

16.5.3 [Reserved] 16.5.4 Standards for Floodplains Without Established Base Flood Elevations

Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Sec. 16.3.2, Basis for Establishing the Special Flood Hazard Area, where no Base Flood Elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of Sec. 16.5.1, General Standards, shall apply:

A. No encroachments, including fill, new construction, substantial improvements or new

development shall be permitted within a distance of thirty (30) feet each side from top of bank or five (5) times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B. The BFE used in determining the Regulatory Flood Protection Elevation shall be determined based on the following criteria: 1. When Base Flood Elevation (BFE) data is available from other sources, all new

construction and substantial improvements within such areas shall also comply with all applicable provisions of this ordinance and shall be elevated or floodproofed in accordance with standards in Sec. 16.5.1, General Standards, and Sec. 16.5.2, Specific Standards;

2. When floodway or non-encroachment data is available from a Federal, State, or

other source, all new construction and substantial improvements within floodway and non-encroachment areas shall also comply with the requirements of Sec.



16.5.2, Specific Standards, and Sec. 16.5.6, Floodways and Non-Encroachment Areas;

3. All subdivision, manufactured home park and other development proposals shall

provide Base Flood Elevation (BFE) data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such Base Flood Elevation (BFE) data shall be adopted by reference in accordance with Sec. 16.3.2, Basis for Establishing the Special Flood Hazard Area, and utilized in implementing this Ordinance; and

4. When Base Flood Elevation (BFE) data is not available from a Federal, State, or

other source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above the Regulatory Flood Protection Elevation, as defined in Sec. 16.2, Definitions. All other applicable provisions of Sec. 16.5.2, Specific Standards, shall also apply.

16.5.5 Standards for Riverine Floodplains With Base Flood Elevations but Without

Established Floodways or Non-Encroachment Areas Along rivers and streams where Base Flood Elevation (BFE) data is provided by FEMA or is available from another source but neither floodway nor non-encroachment areas are identified for a Special Flood Hazard Area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:

A. Standards of Sec. 16.5.1, General Standards, and Sec. 16.5.2, Specific Standards;

and B. Until a regulatory floodway or non-encroachment area is designated, no

encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

16.5.6 Floodways and Non-Encroachment Areas

Areas designated as floodways or non-encroachment areas are located within the Special Flood Hazard Areas established in Sec. 16.3.2, Basis for Establishing the Special Flood Hazard Area. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in Sec. 16.5.1, General Standards, and Sec. 16.5.2, Specific Standards, shall apply to all development within such areas:

A. No encroachments, including fill, new construction, substantial improvements and

other developments shall be permitted unless:

1. It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard



engineering practice and presented to the Floodplain Administrator prior to issuance of Floodplain Development Permit; or

2. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A

Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment.

B. If Sec. 16.5.6, Floodways and Non-Encroachment Areas, Item A, is satisfied, all

development shall comply with all applicable flood hazard reduction provisions of this Ordinance.

C. No manufactured homes shall be permitted, except replacement manufactured

homes in an existing manufactured home park or subdivision, provided the following provisions are met:

1. The anchoring and the elevation standards of Sec. 16.5.2, Specific Standards,

Item C; and 2. The no encroachment standard of Sec. 16.5.6, Floodways and Non-

Encroachment Areas, Item A. Sec. 16.6 Legal Status Provisions 16.6.1 Effect Upon Outstanding Floodplain Development Permits

Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a Floodplain Development Permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this Article; provided, however, that when construction is not begun under such outstanding Permit within a period of six (6) months subsequent to the date of issuance of the outstanding Permit, construction or use shall be in conformity with the provisions of this Article.

16.6.2 Severability If any section, clause, sentence, or phrase of the Article is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Article.

16.6.3 Effective Date This article shall become effective upon adoption.

Article 3: Administration and Review Authority


Sec. 3.1 Review Bodies and Officials The review bodies, including elected officials, appointed boards, other town officials and department heads identified in the text of this Ordinance as having authority to enforce certain provisions of this Ordinance are identified below. See Article 4, Applications and Permits, for submittal and review process for applications and permits. Sec. 3.2 Board of Commissioners 3.2.1 Powers and Duties

A. Amendments to the adopted Land Use Plan; B. Amendments to the text of this Ordinance; C. Amendments to the zoning map; and D. Appoint other Boards and Commissions;

Sec. 3.3 Planning Board 3.3.1 Establishment

The Highlands Planning Board shall be governed by the terms of N.C.G.S. 160A-361 and other general and special State laws relating to planning in the Town of Highlands, Macon County, North Carolina, as well as by the resolution by which this Board was established.

3.3.2 Terms and Compensation

A. Terms

The regular term of office for each member shall be one (1) year, effective January 1st of each year. Each member whose current term is ending and would like to continue to serve will be placed back into the list of applicants on file with the Town Clerk. The Town Board will review all the applications and appoint the most qualified members from the list.

B. Compensation

[Reserved]

3.3.3 Membership, Officers and Duties

A. Numbers The Planning Board shall consist of seven (7) members, all of which shall be appointed by the Mayor and Board of Commissioners.

B. Composition

Officers of the organization shall be a chairman, vice chairman, and secretary.

1. Chairman. A chairman shall be elected by the voting members of the Planning Board. The Chairman’s term of office shall be one year and until his successor is elected, beginning on July 1, and he shall be eligible for re-election. The Chairman shall decide all points of order and procedure, subject to these rules, unless otherwise directed by a majority of the Board in session at the time. The Chairman shall appoint any committees, with the consent of the Planning Board, found necessary to investigate any matters before the Board.

Article 3: Administration and Review Authority Section 3.3 Planning Board


2. Vice Chairman. A vice chairman shall be elected by the Board from among its

members in the same manner and for the same term as the Chairman. He or she shall serve as Acting Chairman in the absence of the Chairman and at such time shall have the same powers and duties as the Chairman.

3. Secretary. A secretary shall be appointed by the Chairman of the Board, or

elected by the members of the Board, either from within or from outside its membership, to hold office during the term of the Chairman and/or until a successor secretary shall have been appointed or elected. The Secretary, subject to the direction of the Chairman of the Board, shall keep all records, shall conduct all correspondence of the Board, and shall generally supervise the clerical work of the Board. The Secretary shall keep the minutes of every meeting of the Board, which minutes shall be public record. The minutes shall show the record of all important facts pertaining to each meeting and hearing, every resolution acted upon by the Board, and all votes of the Board members upon any resolution or upon the final determination of any question, indicating the names of the members absent or failing to vote. If the Secretary is chosen from outside the Board, he or she shall not be eligible to vote upon any matter.

C. Report A written report shall be submitted from the Planning Board to the Town Board of Commissioner on a monthly basis. This report may include activities, problems, and actions of the Planning Board, as well as any requests or recommendations. Said reports shall be submitted by the Chairman or by the Planning and Development Director.

3.3.4 Powers

A. Review Authority

The purpose of the Planning Board shall be to act in an advisory capacity to the Mayor and Board of Commissioners of the Town of Highlands. The objectives of the Planning Board shall be to promote and submit plans for the orderly growth of the community. All such plans shall be drawn up in a documentary manner with sufficient copies to be distributed to all Board members, the Mayor and Board of Commissioners of the Town of Highlands, and all other interested parties prior to action by the Planning Board.

3.3.5 Meetings, Quorum

A. Meetings

Meetings shall be held at such times and places as the Planning Board shall determine. All meetings shall be open to the public and conform to the North Carolina Open Meetings Law, N.C.G.S. Chapter 143, Article 33C.

B. Quorum

A quorum shall consist of four Board members, and shall be required for the conduct of any business.

3.3.6 Rules of Procedure

The Planning Board shall adopt rules of procedure for the conduct of its business, consistent with State law and this Ordinance.

Article 3: Administration and Review Authority Section 3.4 Zoning Board of Adjustment


Sec. 3.4 Zoning Board of Adjustment

3.4.1 Establishment

The establishment of the Zoning Board of Adjustment created by the Ordinance entitled The Zoning Ordinance of the Town of Highlands, 1970, is hereby re-affirmed.

The Zoning Board of Adjustment shall be governed by the terms of N.C.G.S. Chapter 160A, Article 19, Part 3 and by the Zoning Ordinance of the Town of Highlands. The Zoning Board of Adjustment shall act in a quasi-judicial capacity. All members of the Board shall thoroughly familiarize themselves with these laws.

3.4.2 Terms and Compensation

A. Terms

The regular term of office for each member shall be three (3) years. A member cannot serve more than two terms consecutively.

1. All members appointed as representatives of any extra-territorial area, either for

regular terms or to fill the vacancies of any unexpired term, shall be appointed pursuant to N.C.G.S. 160A-362.

2. The Board of Commissioners may, in its discretion, appoint alternate members to

serve on the Zoning Board of Adjustment in the absence of any regular member. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member, while attending any regular or special meeting of the Zoning Board of Adjustment and serving in the absence of any regular member, shall have and may exercise all the powers and duties of a regular member.

B. Compensation Members of the Zoning Board of Adjustment shall serve without pay, but shall be reimbursed for any expenses incurred in pursuit of the Board's activities.

3.4.3 Membership, Officers and Duties

A. Numbers

The Zoning Board of Adjustment shall consist of five (5) members all of which shall be appointed by the Mayor and Board of Commissioners.

B. Composition

Officers of the organization shall be chairman, vice chairman, and secretary.

1. Chairman. A chairman shall be elected by a minimum of four (4) members of the Board of Adjustment from among its regular members. His term of office shall be one year and until his successor is elected, beginning on July 1, and he shall be eligible for re-election. The Chairman shall decide upon all points of order and procedure, subject to these rules, unless directed otherwise by a majority of the Board in session at the time. The Chairman shall appoint any committees found necessary to investigate any matters before the Board.



2. Vice Chairman. A vice chairman shall be elected by the Board in the same manner and for the same term as the Chairman. He shall serve as acting Chairman in the absence of the Chairman, and at such times he shall have the same powers and duties as the Chairman.

3. Secretary. A secretary shall be elected by the Board, either from within or

outside its membership, to hold office during the term of the Chairman and/or until a successor Secretary shall have been appointed. The Secretary shall be eligible for re-appointment. The Secretary, subject to the direction of the Chairman and the Board, shall arrange for all public notices required to be given, shall notify members of pending meetings and their agenda, shall make a reasonable attempt to notify parties to cases before the Board of its decision on such cases, and shall generally supervise the clerical work of the Board. The Secretary shall keep in a permanent volume the minutes of every meeting of the Board. These shall show the record of all important facts pertaining to each meeting and hearing, every resolution acted upon by the Board, and all votes of members of the Board upon any resolution or upon the final determination of any question, indicating the names of members absent or failing to vote. If the Secretary is chosen from outside the membership of the Board, the Secretary shall not be eligible to vote upon any matter.

4. Alternate members. There shall be two (2) alternate members of the Zoning Board. Alternate members of the Board shall be required to attend all meetings and hearings and shall be called upon to participate in the hearing of a case where a regular member is absent or excused because of financial or other interest. At any meeting or hearing in which they are called upon to participate, alternate members shall have the same powers and duties as regular members. Alternate members may vote at the election of officers and may participate and vote on all issues, except that they may not participate or vote during hearings unless substituting for a regular member.

C. Report

A written report shall be submitted from the Zoning Board to the Town Board of Commissioner on a monthly basis. This report may include activities, problems, and actions of the Zoning Board, as well as any requests or recommendations. Said reports shall be submitted by the Chairman or by the Planning and Development Director.

3.4.4 Powers and Review Authority

A. The Zoning Board of Adjustment shall have the power to issue Special Use

Permits in accordance with this Ordinance.

B. The Zoning Board of Adjustment shall have the power to hear appeals relating to the location of district boundaries in accordance with this Ordinance.

C. The Zoning Board of Adjustment shall have the power to hear and decide

appeals where it is alleged there is an error in any order, requirement, decision, or determination made in the enforcement of this Ordinance by either the Planning and Development Director or designee.



D. Where the Zoning Board of Adjustment finds a threat to water quality and the public health, safety and welfare, it shall institute any appropriate action or proceeding to restrain, correct, or abate the condition and/or violation.

E. The Zoning Board of Adjustment shall have the authority to grant a variance from

the requirements of this Ordinance in accordance with Sec. 4.18, Variances.

F. The Zoning Board of Adjustment shall have the authority to review and provide recommendations to the Town Board of Commissioners for applications that propose the creation of a new Conditional Zoning District.

3.4.5 Meetings, Quorum

A. Meetings

Meetings shall be held at such times and places as the Zoning Board of Adjustment shall determine. All meetings shall be open to the public and conform to the North Carolina Open Meetings Law, N.C.G.S. Chapter 143, Article 33C.

B. Quorum

A quorum shall consist of three (3) members of the Board. In the absence of a quorum, the Chairman may continue the meeting to a time when a quorum can be obtained. The Planning and Development Director will notify members and alternates when the meeting is to be continued.

3.4.6 Rules of Procedure

The Zoning Board of Adjustment shall adopt rules of procedure for the conduct of its business, consistent with State law and this Ordinance.

3.4.7 Decisions

A. Time

Decisions by the Board shall be made not more than thirty-six (36) days from the time of the hearing.

B. Form

Notice of the decision in a case, in the form of a written ruling, shall be given to the applicant by the secretary or the Planning and Development Director as soon as practicable after the case is decided. The final decision of the Board shall be shown in the record of the case as entered in the minutes of the Board and signed by the Secretary and the Chairman upon approval of the minutes by the Board. The record shall show the reasons for the determination, with a summary of the evidence introduced and the findings of fact made by the Board. Where a variance is granted, the record shall state in detail any exceptional difficulty or unnecessary hardship upon which the appeal was based and which the Board finds to exist. The decision in an appeal may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from. Where an exception, a special use permit, or a conditional use permit is granted, the record shall state in detail any facts supporting findings required to be made prior to the issuance of such permit. The record shall state in detail what, if any, conditions and safeguards are imposed by the Board in connection with the granting of a variance or an exception, special use permit, or conditional use permit.



C. Voting at Hearings

The concurring vote of four-fifths (4/5) of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Planning and Development Director, to decide in favor of the applicant any matter upon which the Board is required by Ordinance to pass, or to grant any special use permit or to grant any non-administrative variance from the Ordinance provisions. Members shall not be excused from voting unless disqualified from participating in a case in accordance with the adopted rules of procedure. Failure to vote by a member who has heard the case shall be recorded as an affirmative vote.

D. Public Record of Decisions

The decisions of the Board, as filed in its minutes and written ruling, shall be a public record, available for inspection at all reasonable times.

E. Rehearings

An application for a rehearing may be made in the same manner as provided for an original hearing. Evidence in support of the application shall initially be limited to that which is necessary to enable the Board to determine whether there has been a substantial change in the facts, evidence, or conditions in the case. The application for rehearing shall be denied by the Board if from the record it finds that there has been no substantial change in facts, evidence, or conditions. If the Board finds that there has been a change, it shall thereupon treat the request in the same manner as any other application.

Sec. 3.5 Planning and Development Department

3.5.1 Establishment The Town of Highlands Planning Department administers this Ordinance for the Town.

3.5.2 Planning and Development Director The Town Manager shall hire a Planning and Development Director, who shall be duly sworn in. The Planning and Development Director shall serve at the pleasure of the Town Manager and may be removed from office with or without cause at any time by the Town Manager.

3.5.3 Delegation of Authority

The Planning and Development Director may designate any staff member to represent the Director in any function assigned by this Ordinance. The Director shall remain responsible for any final action.

3.5.4 Powers and Duties

The Planning and Development Director is granted the authority to administer and enforce the provisions of this Ordinance, exercising in the fulfillment of his responsibility the full police power of the Town.

A. Issuance of certificates

The Planning and Development Director shall have the sole authority to issue Zoning Certificates and Certificates of Compliance for the construction, alteration, or moving of any structure or for the accomplishment of any other improvement or modification or change of use of real property subject to the jurisdiction of this Ordinance.

Article 3: Administration and Review Authority Section 3.5 Planning and Development Department


B. Effective date of action

In order to provide time for appeal as herein provided, the decision of the Planning and Development Director shall not become effective until the tenth (10) regular business day from the date of the issuance of a Zoning Certificate, or (in the case of the conversion of an existing structure to a new use) a Certificate of Compliance. In extraordinary circumstances in which life or property is threatened, the Zoning Board of Adjustment, upon proper findings of fact, may confirm the action of the Planning and Development Director within the ten (10) business day period. The action of the Zoning Board of Adjustment may be made upon those reasonable conditions that the Board deems necessary under the circumstances; however, the confirmation shall not preclude the right of appeal vested in citizens and owners.

C. Availability for duty

The Planning and Development Director shall be available to receive applications during each regular business day.

3.5.5 Watershed Administrator The Planning and Development Director shall also serve as the Watershed Administrator and may delegate such authority per the powers and duties described in Sec. 3.6.3, Delegation of Authority. A. The Watershed Administrator is granted the authority to administer and enforce the

provisions of this Ordinance, exercising in the fulfillment of his responsibility the full police power of the Town.

B. The Watershed Administrator shall keep records of all amendments to this Ordinance relating to Water Supply Watershed Protection, and shall provide copies of all such amendments upon adoption to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Environmental Management.

C. The Watershed Administrator shall keep records of the Town's utilization of the

provision that a maximum of five percent (5%) of the non-critical area of the WS-III-BW watershed may be developed with non-residential development to a maximum of seventy percent (70%) built-upon surface area, pursuant to Sec. 8.4, Watershed Overlay District. Records for the watershed shall include the total acres of non-critical watershed area, total acres eligible to be developed under this option, total acres approved for this development option, and individual records for each project with the following information: location, acres, site plan, use, stormwater management plan as applicable and inventory of hazardous materials as applicable.

D. The Watershed Administrator shall keep a record of variances to this Ordinance

relating to Water Supply Watershed Protection. This record shall be submitted to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Environmental Management on or before January 1st of each year for the previous calendar year, and shall provide a description of each project receiving a variance and the reasons for granting the variance.



E. Issuance of certificates. The Watershed Administrator shall have the sole authority to issue Watershed Permits and Watershed Protection Occupancy Permits. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours of the Administrator.

F. The Watershed Administrator shall monitor land use activities within the watershed

areas to identify situations that may pose a threat to water quality, and shall report all findings to the Zoning Board of Adjustment. The Watershed Administrator may consult with any public agency or official and request recommendations.

3.5.6 Stormwater Administrator

The Planning and Development Director shall also serve as the Stormwater Administrator and may delegate such authority per the powers and duties described in Sec. 3.6.3, Delegation of Authority. In addition to the powers and duties that may be conferred, the Stormwater Administrator shall have the following powers and duties under this Ordinance: A. To review and approve or disapprove applications for approval of plans pursuant to

the requirements of this Ordinance. B. To make determinations and render interpretations of the requirements of this

Ordinance. C. To establish application requirements and schedules for submittal and review of

applications and appeals and to review and approve applications. D. To enforce the provisions of this Ordinance in accordance with its enforcement

provisions. E. To make records, maps, and official materials as relate to the adoption, amendment,

enforcement, or administration of this Ordinance. F. To provide expertise and technical assistance to the Town of Highlands. G. To carry out the technical duties outlined in this Ordinance, the Stormwater

Administrator may contract such services to another local government or private entity.

H. To designate appropriate other person(s) who shall carry out the powers and duties

of the Stormwater Administrator. I. To take necessary actions to administer the provisions of this Ordinance.

3.5.7 Floodplain Administrator The Planning and Development Director shall also serve as the Floodplain Administrator and may delegate such authority per the powers and duties described in Sec. 3.6.3, Delegation of Authority. In addition to the powers and duties that may be conferred, the Stormwater Administrator shall have the powers and duties as described by Article 16, Flood Damage and Prevention Ordinance.



3.5.8 Code Enforcement Officer The Planning and Development Director shall also serve as the Code Enforcement Officer and may delegate such authority per the powers and duties described in Sec. 3.6.3, Delegation of Authority. In addition to the powers and duties that may be conferred, the Stormwater Administrator shall have the powers and duties as described by Article 15, Inspections and Violations Enforcement. . Sec. 3.6 Other Departments Other departments may be empowered by the review bodies and officials to develop, maintain and implement technical standards, specifications, and guidelines. Sec. 3.7 Review Authority Other review authority may also apply to certain permits in addition to the Town of Highlands review authorities listed in this section. This includes but is not limited to the United States Army Corps of Engineers for wetlands and various North Carolina Departments for transportation, natural resources and water quality or Macon County or Jackson County soil and water conservation district, health departments or building departments. A Town of Highlands permit shall not relieve the applicant of the obligation to obtain whatever county, state or federal permits are required under the law. 3.7.1 Summary of Review Authority Table

See Sec. 4.2.1, Applicability, for list of permit requirement sections. Legend S = Submittal R = Review or Recommendation D = Decision E = Extensions A = Appeal < > = Public Hearing Required *Review of Non-profit, Public Agency or Public Project ** Review at discretion of ZBA Y = Yes Dis. = BOC Discretion

Article 3: Administration and Review Authority Section 3.7 Review Authority


Review Authority Table (see legend on preceding page)

Application or Permit

Plan

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Dev

. D

irect

or

Tow

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er

Plan

ning

B

oard

ZBA

BO

C

Supe

rior

Cou

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Oth

er F

ed o

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ate

Per

mit

Perf

orm

ance

B

ond

Zoning Certificates S,R,D <A> Zoning Certificates - Commercial Zoning S,R,D R <A> Zoning Certificate of Compliance S,R,D <A> Structures or Disturbance in Wetlands S Y Watershed Protection Permit S,R,D <A> Watershed Protection Occupancy Permit S,R,D <A> Stormwater Permit S,R,D <A> Dis Subdivisions Not Meeting Minimum Lot Req. S,R,D <A> Tree Removal Permit S,R,D <A> Landscape Permit (Vehicular Use & Buffers) S,R,D <A> Land-Disturbing Activity Permit S,R,D <A> Y Dis Erosion and Sediment Control Permit S,R,D <A> Y Dis Signs requiring a Permit S,R,D <A> Outdoor displays S,R,D <A> Tower & Antennae Use Certificate (Table A) S,R,D <A> Dual-Use Parking Spaces S,R,D <A> Public Parking Spaces S,R,D <A> Draining of Impoundment Permit S,R,D Y Dis Impoundment Permit Y Administrative Variance or Exception S,R,D Water Service S,R,D Dis Sanitary Sewer Extensions and Connections S,R,D Dis Electricity S,R,D Dis Pole Attachment S,R,D Dis Driveway Permit - Private or Town Street S,R,D Dis Driveway Permit - NCDOT Street R Y Dis Sidewalk Permit S,R,D Dis Private Street S,R,D Dis Public Street - Town of Highlands S,R,D Dis Public Street – NCDOT R Y Dis Special Use Permit (All Types) S R R, <D>,

<E> A

Variance or Exception S R,<D> A Vested Rights S R,<D> A Preliminary Plat (Subdivision) S R D A Dis Final Plat (Subdivision) S R D A Dis Planned Development / Cluster Development S,R R <D> A Dis Zoning Certificate - Structures within ROW S,R <D> A Amendment of Ordinance R R <D> A Application for Zoning Map Change S,R R <D> A Conditional Zoning District S,R R R <D> A

Article 4: Applications and Permits


Sec. 4.1 Interpretation of this Ordinance

4.1.1 Applicability A. When uncertainty exists, the director of the appropriate department, or designee, as

identified below, shall be authorized to make all interpretations concerning the provisions of this Ordinance. In making these interpretations, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body;

3. Deemed neither to limit nor repeal any powers granted under State statutes; and

4. Require application of the more stringent provisions wherever the provisions of

this Ordinance appear to impose conflicting provisions that cannot otherwise be reconciled.

B. Other Interpretations

The Planning and Development Director generally shall make all interpretations of this Ordinance but shall not make interpretations of the following matters: 1. All interpretations of matters relating to the North Carolina Building Code shall be

made by Macon County or Jackson County; 2. All interpretations of matters relating to the Public Works Specifications Manual

shall be made by the Town Engineer and Public Works Director; and 3. The Planning and Development Director may defer interpretation of additional

sections of this Ordinance to appropriate Town and/or County Officials.

4.1.2 Request for Interpretation A request for interpretation shall be submitted in writing.

4.1.3 Action by Planning and Development Director A. The Planning and Development Director shall:

1. Review and evaluate the request in light of the text of this Ordinance, the Official

Land Use Map and any other relevant information; 2. Consult with Macon County or Jackson County inspection departments and

coordinate with other Town staff, including the Town Attorney, as necessary; and 3. Render an opinion.

B. The interpretation shall be provided to the applicant in writing.

Article 4: Applications and Permits Section 4.1 Interpretation of this Ordinance


4.1.4 Official Record The Planning and Development Director shall maintain an official record of all interpretations. The record of interpretations shall be available for public inspection during normal business hours.

4.1.5 Appeal Final action on an official interpretation of this Ordinance by the Planning and Development Director may be appealed in accordance with Sec. 4.19.1, Appeal of Administration Decision to Zoning Board of Adjustment.

4.1.6 Compliance and Permit

No development or redevelopment shall occur except in compliance with the requirements of this Ordinance unless exempted. No development for which a permit is required pursuant to this Ordinance shall occur except in compliance with the provisions, conditions, and limitations of the permit. See also Sec. 15.1.2, Inspections.

Sec. 4.2 Common Review Procedures

4.2.1 Applicability

The review procedures described below apply to the types of applications listed below, as may be limited by the individual subsections that follow. See also Sec. 3.8.1, Summary Review Authority Table. Procedures Notes Amendments to Ordinance or Zoning Map Sec. 4.3 Subdivision Review Sec. 4.4 Performance Guarantee Sec. 4.4.3 Planned Cluster Developments Sec. 4.4.9 Subdivisions Not Meeting Minimum Requirements Sec. 4.4.10 Conditional Zoning Districts Sec. 4.5 Special Use Permit Sec. 4.6 Zoning Certification Sec. 4.7 Structures located within Rights-of-Way Sec. 4.7.4 Structures Located in Wetlands Sec. 4.7.5 Zoning Certificate of Compliance Sec. 4.7.7 Watershed Protection Permit Sec. 4.7.7 Watershed Protection Occupancy Permit Sec. 4.7.8 Outdoor Display Sec. 4.8 Tower and Antennae Use Certificate Sec. 4.9 Shared Parking for Restaurants Sec. 4.10 Infrastructure Approvals Sec. 4.11 Tree Removal Permits Sec. 4.12 Landscape Plan Permits Sec. 4.13 Land-Disturbing Activity Permits Sec. 4.14 Erosion and Sedimentation Control Plan Requirements Sec. 4.14.4 Dam Impoundment Draining Permit Sec. 4.15 Stormwater Management Permit Sec. 4.16 Sign Permit Sec. 4.17 Administrative Variances Sec. 4.18.1

Article 4: Applications and Permits Section 4.2 Common Review Procedures


Zoning Board of Adjustment Variances Sec. 4.18.2 Appeals Sec. 4.19 Expiration or Extensions Sec. 4.20 Statutory Vested Rights Determination Sec. 4.21

4.2.2 Pre-Application Conference

A. Before submitting an application for development approval, it is recommended that

each applicant schedule a pre-application conference with the Planning and Development Director to discuss procedures, standards and regulations required for development approval in accordance with this Ordinance.

B. A mandatory pre-application conference with the Planning and Development Director shall be required for the follow development reviews: 1. Applications for Ordinance Amendment or Zoning Map Change; 2. Subdivision; 3. Applications for Special Use Permits; and 4. Applications for Conditional Zoning.

C. A mandatory pre-application conference with the Town Engineer and Public Works Administrator shall be required for the follow development reviews: 1. Subdivision 2. [Reserved]

4.2.3 Application Requirements The following requirements shall apply to all applications for development approval identified in Sec. 4.2.1, Applicability.

A. Forms

Applications required under this Ordinance shall be submitted on forms and in such numbers and format as required by the appropriate checklist, unless otherwise stated in specific Sections below. The Planning and Development Director shall maintain the official forms of all permits required by this Ordinance. Permits required by the Public Works Specification Manual will be maintained by the Town Engineer and Public Works Administrator. The forms shall be available from the Town offices. All forms shall include, at a minimum, the following information provided by the applicant:

1. Contact information for the individual or firm submitting the application; 2. Contact information for the individual or firm on whose behalf the application is

being submitted;



3. Identification of the property affected by the application, such as legal description, address, or PIN as may be appropriate; and

4. Any other information requested by the Planning and Development Director, or

the provisions of this Ordinance.

B. Fees The Town has established a fee schedule for the review and approval of plans and permit applications. In establishing the fee schedule, the Town has considered and will consider in the future the administrative and personnel costs incurred for reviewing the plans and applications and for related compliance activities.

1. All applications and fees shall be filed with the appropriate department; and 2. Filing fees shall be established from time to time to defray the actual cost of

processing the application. This may include the fees of other consultants to review applications, at the discretion of the Planning and Development Director.

C. Applications Sufficient for Processing

1. Applications shall contain all required information as described on forms

available from each development involved in the review process, unless modified by the department, in writing, pursuant to item 2, below.

2. The presumption shall be that all of the information required in the application

forms is necessary to satisfy the requirements of this section. However, it shall be recognized that each application is unique, and therefore more or less information may be required according to the needs of the particular case. The applicant should rely on the recommendations of the appropriate department as to whether more or less information should be submitted.

3. Once the application has been determined sufficient for processing, copies of the

application shall be referred by the appropriate department to the appropriate reviewing entities.

4. The applicant may be required to present evidence of the authority to submit an

application. 5. An application shall be considered to have been accepted for review only after it

has been determined to be complete as provided above, not upon submission to the Town.

D. Application Deadline

Applications sufficient for processing shall be submitted to the Town in accordance with the established schedule. Schedules indicating submittal dates shall be developed each year and made available to the public.

E. Staff Consultation after Application Submitted

1. Upon receipt of the application sufficient for processing, the Director of the appropriate department shall review the application and confer with the applicant



to ensure an understanding of the applicable requirements of this Ordinance, that the applicant has submitted all of the information they intend to submit, and that the application represents precisely and completely what the applicant proposed to do.

2. If the application is for a Special Use Permit and the applicant plans to request a waiver from the ZBA of any of the requirements listed under Sec. 4.6.2, Procedure, as allowed by item A.5 of that section, those requirements shall be identified in writing by the applicant and the Planning and Development Director shall provide to the ZBA a written letter indicating a recommendation of support for or opposition against the request for the waiver.

3. Once the applicant indicates that the application is as complete as the applicant

intends to make it, the application shall be placed before the appropriate approving authority in accordance with the standard procedures. However, if the director of the appropriate department believes the application is incomplete, a recommendation to deny the application on this basis shall be provided to the appropriate approving authority.

F. Related Applications

1. Necessarily related applications for development approvals may be filed and reviewed simultaneously, at the option of the applicant. Any application that also requires a pre-requisite such as approval of Utilities before a Zoning Certificate can be issued, or variance or Special Use Permit shall not be eligible for final approval until the required variance or use permit has been granted.

2. Related applications submitted simultaneously are subject to approval of all other

related applications; denial or disapproval of any concurrently submitted application shall stop consideration of any related application until the denied or disapproved application is resolved.

G. Phased Development Plan

A phased development plan shall be deemed approved prior to the effective date of this Ordinance if it has been approved by all necessary government units, it remains valid, unexpired, unrevoked and not otherwise terminated, and it shows:

1. For the initial or first phase of development, the type and intensity of use for a

specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan or site specific plan that has been approved.

2. For any subsequent phase of development, sufficient detail so that

implementation of the requirements of this Ordinance to that phase of development would not require a material change in that phase of the plan.

4.2.4 Notice and Public Hearings

Notice shall be required for applications for development approval and/or appeal as shown in the table below:



Procedure Published Mailed Posted UDO Amendment X (twice) Zoning Map Change X (twice) X X Special Use Permit X Variances (not administrative) X Appeal X

A. Before enacting an amendment to this Ordinance or Zoning Map Change, the Board

of Commissioners shall hold a public hearing on it. A notice of the public hearing shall be given once a week for two (2) successive weeks in a newspaper having general circulation in the Highlands area. The notice shall be published the first time not less than ten (10) days nor more than twenty-five (25) days before the date fixed for the hearing. For Zoning Map changes, all abutting property owners shall receive written notice by first class mail to the address shown on the county tax listing.

B. After receipt of notice of appeal, applications for variances, and applications for

Special Use Permits, the Zoning Board of Adjustment Chairman shall schedule the time for a hearing, which shall be at a regular or special meeting within thirty-six (36) days from the filing of such notice or application. Such notice shall state the location of the building or lot, the general nature of the question involved, and the time and place of the hearing.

Article 4: Applications and Permits Section 4.3 Amendments to Ordinance or Zoning Map


Sec. 4.3 Amendments to Ordinance or Zoning Map

4.3.1 Procedure for Amendment of Ordinance or Zoning Map

A. This Ordinance, including the Zoning Map, may

be amended from time to time by the Board of Commissioners, but no amendment shall become effective unless the Board of Commissioners first submits the proposed amendment(s) to the Planning Board for recommendation and comment. The Planning Board shall have thirty (30) days after any submission within which to provide a recommendation to the Board of Commissioners that addresses consistency with the current Land Use Plan and other matters deemed appropriate by the Planning Board, but a comment that a proposed amendment may not be consistent with the Land Use Plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners. The Board of Commissioners is not bound by the recommendations, if any, of the Planning Board. If the Planning Board fails to submit a report within the thirty (30) day period, it shall be deemed to have recommended adoption of the requested amendment. Prior to adopting or rejecting any zoning amendment, the Board of Commissioners shall adopt a statement describing whether its action is consistent with the Land Use Plan and explaining why the Board considers the action taken to be reasonable and in the public interest.

B. Before enacting an amendment to this Ordinance,

the Board of Commissioners shall hold a public hearing on it as outlined in Sec. 4.2.4, Notice and Public Hearings, Item A.

C. Any communication purporting to be a petition for

a zoning amendment shall be regarded as mere notice to seek relief until it is made by formal application. Upon receipt of such communication, the interested party shall be supplied with the Town of Highlands Petition for Rezoning application form for presenting a formal petition. In no instance shall action be initiated by the property owner for a zoning amendment affecting the same parcel of property, or any part thereof, more often than once every twelve (12) months, except as permitted by Sec. 4.5.1, Applicability, of Sec. 4.5, Conditional Zoning Districts.

Staff Review

Pre-application Conference

Application Submittal

Sufficiency Review

Public Hearing Notice

Planning Board Review &

Recommendation

Final Action BOC

Article 4: Applications and Permits Section 4.3 Amendments to Ordinance or Zoning Map


D. All amendments to this Ordinance relating to Water Supply Watershed Protection must be filed with the North Carolina Division of Environmental Management, North Carolina Division of Environmental Health, and the N. C. Division of Community Assistance. Under no circumstances shall the Board of Commissioners adopt any amendments, supplements, or changes that would cause this Ordinance to violate the watershed protection rules as adopted by the North Carolina Environmental Management Commission.

Article 4: Applications and Permits Section 4.4 Subdivision Review


Sec. 4.4 Subdivision Review

4.4.1 Compliance

A. No land shall be subdivided without first having a plat filed of such subdivision with the Macon County and/or Jackson County Register of Deeds. All plats for the subdivision of lands shall conform to the requirements of these regulations, and shall be submitted in accordance with the procedures and specifications established herein. No plat of a subdivision of land within the jurisdiction of the Town of Highlands shall be filed or recorded by the Macon County and/or Jackson County Register of Deeds until it has been submitted to the Highlands Planning Board for review and has been given final approval by the Board of Commissioners.

B. No final plat of a subdivision within the jurisdiction

of the Town of Highlands shall be recorded by the Register of Deeds of Macon County and/or Jackson County until it has been reviewed by the Planning Board and approved by the Board of Commissioners of the Town of Highlands as provided herein. To secure such approval of the final plat, the subdivider shall follow the procedure established in this Section.

C. Furthermore, no street shall be maintained by the

Town, nor street dedication be accepted for ownership and maintenance, nor water, sewer, or other Town facilities or services be extended to or connected with any subdivision for which a final plat is required to be approved, unless and until such final plat has been approved by the Board of Commissioners. See also Sec. 4.11, Infrastructure Approvals.

D. Approval of a Preliminary or Final Plat does not

relieve the applicant of the obligation to procure any other permit, as required by this Ordinance or State and Federal Law. These include, but are not limited to Sec. 4.13, Landscape Plan Permits, Sec. 4.14, Land-Disturbing Activity Permit, Sec. 4.14.4, Erosion and Sedimentation Control Plan Requirements, Sec. 4.16, Stormwater Management Permit, and Sec. 4.17, Sign Permit and any permit required by the North Carolina State Building Code.

Staff Review



Sufficiency Review


Recommendation

Final Action BOC



4.4.2 Exemptions

A. In accordance with N.C.G.S. 160A-376, certain divisions of land are not considered "subdivisions" nor shall they be subject to the regulations of this Ordinance.

B. See also Sec. 4.4.10, Subdivisions Not Meeting Minimum Requirements and Sec.

2.3, Definitions.

4.4.3 Performance Guarantee

A. The Board of Commissioners may also, in its discretion, require a performance guarantee and warranty period of one (1) year on all private streets prior to accepting them as public streets, including but not limited to all related utilities and paving. See also Sec. 4.11, Infrastructure Approvals, Sec. 10.2.3, Responsibility for Maintenance, and Sec. 10.6, Improvements and Installations.

B. The Board of Commissioners may also, in its discretion, require a warranty period of

one (1) year prior to accepting any water, sewer, or electrical system. See also Sec. 4.11, Infrastructure Approvals.

C. At the discretion of the Storm Water Administrator, performance securities or bonds

may be required for storm water management facilities or practices until as-built plans are approved. See also Sec. 4.16, Stormwater Management Permit.

4.4.4 Preliminary Plat Requirements

All applications for subdivisions shall be addressed and submitted to the Planning Board and shall be delivered to the office of the Planning and Development Director. For all subdivisions, the subdivider shall submit an electronic copy along twenty (20) copies (24” x 36”) of the preliminary plat with the application. Additional copies may be required during the preliminary plat review process if deemed necessary by the Planning Board and/or the Board of Commissioners. The deadline for subdivision applications shall be ten (10) working days prior to the regular monthly meeting of the Planning Board; applications made after that deadline shall not be considered except upon majority vote of the members of the Planning Board at the meeting. A. An application for subdivisions shall be made per the requirements of Section 4.2.3,

Application Requirements, and shall at a minimum contain the information listed below:

1. A plat prepared by professional land surveyor (name, seal, and registration

number); 2. The preliminary plat shall be 24” x 36” in size and clearly and legibly drawn to a

scale of not less than two hundred (200) feet to one (1) inch and shall be drawn on as large a sheet as is acceptable to the Register of Deeds of Macon County and/or Jackson County;

3. Title Block, showing subdivision name; subdivider's name; north arrow; scale

(denoted graphically and numerically), date of plat preparation; location of subdivision (township, county, and state);



4. Town of Highlands “Preliminary Plat” Label of Certification, as amended, shall be completed in full. The label of certification shall be lettered or rubber-stamped on the one (1) reproducible copy in such a manner as to insure that said label will be legible on any prints made therefrom and on the two additional copies;

5. A sketch vicinity map, showing the location of the subdivision in relation to the

surrounding area; 6. The exact boundary lines of the tract to be subdivided, fully dimensioned by

lengths and bearings, and the location of intersecting boundary lines of adjoining lands;

7. The underlying zoning and any applicable overlay district, including watershed

overlay district; 8. All proposed lot lines, with approximate dimensions; lot and block numbers; all

setbacks; lot sizes complying with this Ordinance, including minimum Watershed Overlay District lot size requirements; designation of any dedication of reservations to be made; and proposed use of land if other than single-family residences. See also Sec. 4.4.9, Planned Cluster Developments, for additional requirements if clustering is proposed;

9. All proposed or required easements shall meet the requirements of Sec. 10.1.4,

Required Easements, including a letter from the public service or utility provider with the preliminary plat submittal, noting the required easement width;

10. The names and deed references (when known) of owners of adjoining properties,

as well as adjoining subdivisions of record, including those proposed or under review;

11. Significant natural features, including wooded area, marshes, major rock

outcrops, lakes or streams, or other natural features affecting the site; 12. Existing physical features, including buildings, streets, power lines,

drainageways, sewer and water lines, utility easements, and Town Limit lines both on or adjacent to the land to be subdivided;

13. Drainage system, including sketch plan of proposed drainage ways, storm

sewers, culverts, retaining ponds, or areas where water is to be diverted through grading, and other evidence necessary to assure that the proposed method of drainage will meet the objectives of Article 10, Infrastructure, and Article 12, Natural Resources and Environmental Protection;

14. Topographic contour lines at five foot intervals, when the area to be subdivided

exceeds two (2) acres or has proposed streets which will exceed eight hundred (800) lineal feet; or, alternatively, a statement by the surveyor on the plat that no roads within the subdivision exceed fourteen percent (14%) in grade;

15. Suitability of land to be subdivided (measures taken to correct flooding, drainage,

erosion, slides, or other dangers);



16. Sidewalks, where required; 17. Proposed streets showing, but not limited to the following: pavement width,

street grades, street classifications, street lengths, street paving material, street centerline, proposed entrances including islands or short medians, proposed driveways and access to all lots and rights-of-way to be designated per the requirements of Article 10, Infrastructure;

18. Proposed designation of streets to be “public” or private (see additional

requirements under "FINAL PLAT" below); 19. Subdivision street approval: A letter of approval for the proposed street plan,

indicating that street plans have been reviewed and approved in the following manner:

a. Plans for all subdivision streets within the Town of Highlands shall conform to

the standards and specifications of the Town, as set forth in Article 10, Infrastructure and the Public Works Specifications Manual and shall have said streets reviewed and approved as outlined in Sec. 4.11, Infrastructure Approvals;

b. Plans for all subdivision streets which are located outside of the corporate

limits, but within the subdivision regulation jurisdiction, shall have said street plans, including driveway curb cuts and proposed entrance islands or medians, reviewed and approved by the District Engineer of the North Carolina Department of Transportation (NCDOT) prior to preliminary plat approval. See also, Sec. 4.11, Infrastructure Approvals; and

c. A letter of approval from Macon County or Jackson County, depending on

jurisdictional location, indicating that street names have been reviewed and approved.

20. Required landscape and riparian buffers, to meet the requirements of Sec 4.13,

Landscape Plan Permits; 21. Land-disturbing activity approval: A letter of approval for the proposed land-

disturbing activity, indicating that proposed land-disturbing activity has been reviewed and approved, as set forth in Sec. 4.14, Land-Disturbing Activity Permits, and Article 12, Natural Resources and Environmental Protection;

22. Utilities approval: A letter of approval for the proposed water, sewer, and

electrical, per the requirements of Sec. 4.11, Infrastructure Approvals; and 23. Proposed phasing, if any; including a complete Phased Development Plan and

Phasing Schedule, including the date upon which construction is expected to begin and the date within which it is expected to be completed.



4.4.5 Preliminary Plat Review Procedures The preliminary plat must be reviewed by the Planning Board and approved by the Board of Commissioners before improvements are made to the subdivision. Upon approval of preliminary plat, the subdivider may proceed with the installation of streets, utilities and other improvements, or guarantee their installation per Sec. 4.4.3, Performance Guarantee. See also Sec. 10.6, Improvements and Installations. The sale or transfer of lots is not permitted until improvements have been made, and final plat approved. A. The Planning Board shall review the preliminary plat for the purpose of making a

recommendation to the Board of Commissioners regarding said plat. The Planning Board may recommend revisions which might be required in order for the subdivision to meet the requirements of this Ordinance, as well as such other revisions which are determined to be desirable. First consideration of the preliminary plat by the Planning Board shall be at the convenience of the Planning Board, but the Planning Board shall take action within thirty-two (32) days of the date of submission of the preliminary plat. Within five (5) days after taking action on the preliminary plat, the Planning Board shall notify the subdivider by letter, and the Board of Commissioners by copy of the minutes of its meeting, of its recommendation. Failure on the part of the Planning Board to take action within the prescribed period shall have the same effect as a recommendation to the Board of Commissioners that the preliminary plat be approved, and the subdivider may seek approval of the preliminary plat by the Board of Commissioners. The preliminary plat shall be forwarded to the Board of Commissioners, together with the minutes of the Planning Board's meeting, per Sec. 4.4.5, Preliminary Plat Review Procedures, Item B below.

B. Following action on the preliminary plat by the Planning Board (or upon expiration of

the period prescribed for review by that board), the Board of Commissioners shall review the plat for compliance with this Ordinance, taking into consideration the recommendations of the Planning Board. The Board of Commissioners shall take action on the preliminary plat not less than thirty-two (32) days after receipt from the Planning Board, either approving, approving conditionally, or disapproving the plat.

C. If the Board of Commissioners approves the preliminary plat, such approval shall be

indicated on the label of certification on the two copies of the plat by the Mayor, Planning Board Chairman, and the Zoning Administrator. One (1) copy shall be retained in the permanent records of the Town of Highlands, and one (1) copy shall be returned to the subdivider.

D. If the Board of Commissioners disapproves or conditionally approves said plat, the

reasons for such action shall be entered into the records of the Board. Within five (5) days following such action, copies of the Board's findings shall be transmitted to the Planning Board and the subdivider with copies of the plat. The subdivider may then make changes and submit a revised plat, which revision shall be submitted, reviewed, and acted upon by the Board of Commissioners pursuant to Sec. 4.4.5, Preliminary Plat Review Procedures, Item B above.

E. Approval of the preliminary plat shall be valid for one (1) year, unless a written

extension is granted by the Board of Commissioners on or before the one (1) year anniversary of said approval. If the final plat is not submitted for approval within said



one (1) year period or any period of extension, the approval of the preliminary plat shall be null and void.

4.4.6 Final Plat Requirements

The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to develop at the time of submission. No final plat shall be approved unless and until the subdivider shall have installed in that area represented on the final plat all improvements required by this Ordinance, or shall have guaranteed their installation as provided in Sec. 4.4.3, Performance Guarantee. See also Sec. 10.6, Improvements and Installation. The subdivider shall submit one (1) mylar copy consistent with N.C.G.S. 47-30, and twenty (20) additional copies (24” x 36”) of the final plat, to the Planning Board with the application. Additional copies may be required during the final plat review process if deemed necessary by the Planning Board and/or Board of Commissioners. The final plat shall contain all of the information required in this section. A. A request for final plat review shall be made per the requirements of Section 4.2.3,

Application Requirements, and Section 4.4.7, Final Plat Review Procedures and shall at a minimum contain the information listed below:

1. Title Block, showing subdivision name; subdivider's name; north arrow; scale

(denoted graphically and numerically), date of plat preparation; location of subdivision (township, county, and state); and name, seal, and registration number(s) of professional land surveyor preparing plat;

2. Town of Highlands “Final Plat” Label of Certification, including Mayor, Planning

Board Chairman, and Zoning Administrator signature blocks, as amended, including notarized signatures as required, shall be completed in full. The label of certification shall be lettered or rubber-stamped on the one (1) mylar copy in such a manner as to insure that said label will be legible on any prints made therefrom and on the two (2) additional copies, all 24”x 36” in size;

3. The exact boundary lines of the tract to be subdivided, fully dimensioned by

lengths and bearings, and the location of intersecting boundary lines of adjoining lands;

4. The names and deed references (when known) of owners of adjoining properties,

as well as adjoining subdivisions of record, including those proposed or under review;

5. All visible and apparent rights-of-way, watercourses, utilities, roadways, and

other such improvements accurately located where crossing or forming any boundary line of the property shown; locating offset or traverse lines shall be plotted in broken lines with azimuths or courses and distances shown on the map;

6. Sufficient engineering data to determine readily and reproduce on the ground

every straight or curved boundary line, street line, lot line, right-of-way line, and easement line, including dimensions, bearings, or deflection angles; radii; central angles; and tangent distances for the centerline of curved streets and for curved property lines that are not the boundaries of curved streets;



7. The accurate locations and descriptions of all monument markers and control points;

8. The blocks numbered consecutively throughout the entire subdivision, and the

lots numbered consecutively throughout each block; 9. Street names and right-of-way lines of all streets and location and width of all

adjacent streets and easements. Designation shall be made as to whether said streets are to be public or private, and all streets shall conform to the standards and specifications of the Town, as set forth in Article 10, Infrastructure and the Public Works Specifications Manual;

10. Written report by the subdivider’s duly qualified design professional as outlined in

Sec. 10.6, Improvements and Installations; 11. Maintenance of subdivision streets shall be as outlined in the requirements of

Sec. 10.2.3, Responsibility for Maintenance. See also Item 10 above.

a. IF PUBLIC, the Subdivider or POA is responsible for maintenance until roads are EXPLICITLY ACCEPTED FOR MAINTENANCE by the Town.

b. IF PRIVATE, an agreement must be recorded with the final plat providing

for perpetual ownership and maintenance by the POA. 12. The location and dimensions of all rights-of-way, utility or other easements, riding

trails, natural buffers, pedestrian or bicycle paths, and areas to be dedicated to public use, with the purpose of each stated; and

13. The exact location of all stormwater management BMPs and drainage and utility

easements shall be shown on final plats prepared by a registered surveyor. These plats shall contain the following statement: “This plat contains a stormwater management measure that must be maintained by the owner(s) of this land in accordance with the recorded Operations and Maintenance Agreement.” See also Sec. 4.16, Stormwater Management Permit, for additional as-built requirements.

4.4.7 Final Plat Review Procedures

A. The subdivider shall submit the final plat to the Planning Board within one (1) year of

the date of the Board of Commissioners' approval of the preliminary plat unless an extension was granted Sec. 4.4.5, Preliminary Plat Review Procedures, Item E. The Planning Board shall review the final plat for the purpose of making a recommendation to the Town Board regarding said plat. First consideration of the final plat shall be at the convenience of the Planning Board, but the Planning Board shall take action within thirty-two (32) days of the submission of the final plat. Within five (5) days after taking action on the final plat, the Planning Board shall notify the subdivider by letter, and the Board of Commissioners by copy of the minutes of its meeting, of its recommendation. Failure on the part of the Planning Board to take action within the prescribed period shall have the same effect as a recommendation to the Board of Commissioners that the final plat be approved, and the subdivider may seek approval of the final plat by the Board of Commissioners. The one (1)



mylar copy and all four (4) copies of the final plat shall be forwarded to the Board of Commissioners, together with the minutes of the Planning Board's meeting, per Sec. 4.4.7, Final Plat Review Procedures, Item C below.

B. Before acting on the final plat, the Planning Board may request reports from any

person or agency directly affected by the proposed development, certifying compliance with or noting deviations from the approved preliminary plat and the requirements of this Ordinance.

C. Following action on the final plat by the Planning Board (or upon expiration of the

period prescribed for review by the Planning Board), the Board of Commissioners shall review the final plat for compliance with this Ordinance, taking into consideration the recommendation of the Planning Board. Prior to final plat approval, Sections (2), (3), and (4) of the label of certification (See Sec. 4.4.6, Final Plat Requirements, Item A.2) must be present on the one (1) reproducible copy in mylar, plus four (4) additional copies of the final plat and signed by the designated person(s). First consideration of the final plat by the Board of Commissioners shall be at the next regularly scheduled meeting of the Board that follows receipt of the notice of the Planning Board's action. The Board of Commissioners shall take action on the final plat not less than thirty-two (32) days after receipt from the Planning Board, either approving, approving conditionally, or disapproving the plat. No approval shall take place by the Board of Commissioners until the provisions of Sec. 10.6, Improvements and Installations, have been satisfactorily completed by the subdivider.

D. If the Board of Commissioners approves the final plat, such approval shall be

indicated on the label of certification on the one (1) mylar copy, plus four (4) additional copies of the plat by the Mayor, Planning Board Chairman, and Zoning Administrator. One (1) copy of the final plat shall be returned to the subdivider and one (1) copy shall be retained in the permanent records of the Town of Highlands. The one (1) mylar copy of the final plat consistent with N.C.G. S. 47-30, bearing the original signatures, seals, and notarizations required by this Ordinance and by the Macon County and/or Jackson County Register of Deeds, shall be forwarded to the Town Attorney for recording pursuant to Sec. 4.4.8, Recording of the Final Plat, along with two (2) copies.

E. If the Board of Commissioners disapproves the final plat, the reasons for such action

shall be stated in writing and entered into the records of the Board. Within five (5) days following such action, its findings shall be transmitted to the Planning Board and the Subdivider. The subdivider may then make changes and submit a revised plat, which revision shall be submitted, reviewed, and acted upon by the Board of Commissioners pursuant to Sec. 4.4.7, Final Plat Review Procedures, Item C above.

4.4.8 Recording of the Final Plat

A. One (1) mylar copy, plus four (4) additional copies of the final plat consistent with

N.C.G.S. 47-30, bearing the original signatures, seals, and notarizations required by this Ordinance and by the Macon County and/or Jackson County Register of Deeds, shall be forwarded to the Town Attorney for recording. Such plat shall be recorded within sixty (60) days of approval, and the Town Attorney shall within a reasonable time thereafter provide evidence that said plat has been recorded, said evidence to



be retained in the permanent records of the Town of Highlands. Upon adoption of this Ordinance, the Register of Deeds shall not thereafter file or record a plat of a subdivision until said plat has been approved by the Board of Commissioners. Without the approval of the Board of Commissioners, the filing or recording of a subdivision plat shall be null and void.

4.4.9 Planned Cluster Developments

New planned cluster developments shall comply with all requirements of Sec. 4.4, Subdivision Review and shall be subject to all applicable development criteria of Sec. 8.5, Planned Cluster Development, in accordance with the provisions herein.

4.4.10 Subdivisions Not Meeting Minimum Requirements

Subdivisions not meeting mininum requirements shall comply with all requirements of Sec. 4.4, Subdivision Review, except for exemption listed below and shall be subject to all applicable criteria of Sec. 7.3, Non-conforming Lots, and these additional requirements. A. Property may be subdivided without respect to the

minimum lot size as outlined in Sec. 7.3.1, Single-Family Residential Lots, Item C.

B. In the case of subdivisions defined by the foregoing Item

A, the procedure for review and approval of subdivision plats as outlined in Sec. 4.4.5, Preliminary Plat Review Procedures, and Sec. 4.4.7, Final Plat Review Procedures, shall not apply. Instead, a plat shall be prepared of such subdivision and reviewed by the Planning Board, in accordance with the following review procedures.

1. The Town of Highlands “Approval of Subdivision Not

Meeting Minimum Lot Size” Label of Certification shall be affixed to said plat, as amended, shall be completed in full. The label of certification shall be lettered or rubber-stamped on the one (1) mylar copy in such a manner as to insure that said label will be legible on any prints made there from and on the two additional copies; all 24” x 36” in size and

2. One (1) mylar copy plus two (2) additional copies of the final plat shall be

provided to the Macon County and/or Jackson County Register of Deeds for recording by the Town of Highlands within sixty (60) days after the date of approval by the Planning Board; the Town shall retain one (1) additional copy for its records. Evidence that said plat has been properly recorded shall be filed with the Town Clerk. The Register of Deeds shall not record such a plat until said plat has been approved by the Planning Board. Without the approval of the Planning Board, the filing or recording of the plat shall be null and void.


Sufficiency Review

PB Final Action

Article 4: Applications and Permits Section 4.5 Conditional Zoning Districts


Sec. 4.5 Conditional Zoning Districts 4.5.1 Applicability

Conditional zoning district decisions are legislative decisions subject to judicial review using the same procedures and standard of review as apply to general use zoning district decisions. A. When considering a petition for a conditional

zoning district, the Board of Commissioners shall act in accordance with this Section. Notwithstanding the twelve (12) month prohibition in Sec. 4.3.1, Procedure for Amendment of Ordinance or Zoning Map, Item C, petitioner(s) may seek rezoning to a conditional zoning district or changes to an adopted conditional district until such time as the Board of Commissioners either denies or adopts the project as a conditional use zoned district. Conditional Zoning Districts shall be allowed as outlined in Sec. 5.5, Conditional Zoning Districts Intent Statements, in accordance with the following procedures.

B. Approval of a Conditional Zoning District does not

relieve the applicant of the obligation to procure any other permit, as required by this Ordinance or State and Federal Law. These include, but are not limited to Sec. 4.7, Zoning Certification, Sec. 4.11, Infrastructure Approvals, Sec. 4.13, Landscape Plan Permits, Sec. 4.14, Land-Disturbing Activity Permits, Sec. 4.14.4, Erosion and Sedimentation Control Plan Requirements, Sec. 4.16, Stormwater Management Permit, and Sec. 4.17, Sign Permits, and any permit required by the North Carolina State Building Code.

4.5.2 Petition Submission Requirements

Property may be rezoned to a conditional zoning district only in response to a petition executed and submitted by all the owners of all of the property to be included in the district.

A. An application for Conditional Zoning District shall be made per the requirements of

Sec. 4.2.3, Application Requirements, and shall at a minimum contain the information listed below: 1. A fully executed property owners’ petition for conditional zoning. If the Petitioner

is other than owner(s) an authorization form is required; 2. Twenty (20) copies (24” x 36”) is required. It must be prepared by a professional

land surveyor or engineer, legibly drawn to a scale of not less than two hundred

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(200) feet to one (1) inch, indicate the exact boundary lines of the parcel of property to be rezoned, list the owners names, zoning classifications, and watershed districts of the adjoining properties, and show the location of any existing buildings on the subject property;

3. If a Conditional Zoning District is accompanied by a Site Specific Development

Plan, it shall be drawn to an appropriate scale, and provide supporting information and text that specifies the actual use or uses intended for the property and any rules, regulations, and conditions that, in addition to all predetermined Ordinance requirements, will govern the development and use of the property. The following information must be provided on the Site Specific Development Plan, if applicable:

a. A boundary survey and vicinity map showing the property's total acreage; b. The identity of neighboring properties; c. Its parcel identification number (PIN), current zoning designation and

requested zoning, Watershed classification(s), and the zoning setback lines; d. Any adjacent streets, designated as public or private; e. The location of stands of old growth trees, streams, marshes, wetlands, bogs,

rivers, impoundments, large rock outcroppings or other significant geological features on the subject property;

f. All existing easements, reservations, and rights of way; g. All existing or proposed structures, showing setbacks to rights-of-way and

property lines; h. Areas in which proposed structures will be located; i. Proposed use of all land and structures, including the number of residential

units, the number of commercial buildings and the total square footage of any nonresidential development;

j. All yards, buffers, screening, and landscaping required by these regulations

per Sec. 4.13, Landscape Plan Permits, or proposed by the petitioner(s); k. All existing and proposed points of access to public streets; l. The location of existing and proposed storm drainage patterns and facilities

intended to serve the proposed development; m. Parking areas showing the number and arrangement of parking spaces and

driveway entrances and circulation; n. Proposed phasing, if any; including a complete Phased Development Plan

and Phasing Schedule, including the date upon which construction is expected to begin and the date within which it is expected to be completed.



Any Phasing schedule extending beyond the maximum five (5) year vested rights per Sec. 4.21.1, Establishment of a Vested Right for Conditional Zoning District, will require a development agreement with the Town; and

o. The site plan shall be neatly drawn, with a north arrow, name and address of

person who prepared the plan, date of the original drawing, and an accurate record of any later revisions.

4. The Planning and Development Director has the authority to waive any

application requirement where the type of use or scale of the proposal makes providing that information unnecessary or impractical;

5. In addition to the foregoing petition requirements, the petitioner(s) shall submit a

written statement with the petition analyzing the reasonableness of the proposed rezoning to a conditional zoning district. This statement shall address the compatibility of the proposed rezoning with the Land Use Plan, the proposed site and the surrounding area;

6. In the course of evaluating the proposed use, the Planning and Development

Director, the Zoning Board of Adjustment, the Planning Board, or the Board of Commissioners may request additional information from the petitioner;

7. The site plan and any supporting text shall constitute part of the petition for all

purposes under this Section; and 8. The Planning and Development Director may require the petitioner to submit

more than one copy of the petition and site plan for circulation to government agencies for review and comment.

B. Approval of Petition

1. When reviewing a petition for the reclassification of property to a conditional zoning district, proposed specific conditions to be applied to the proposed district may be submitted by the petitioner(s), the Town or its agencies, or any affected person, but only those conditions mutually approved by the Board of Commissioners and the petitioner(s) may be incorporated into this Ordinance and Zoning Map. Any such conditions should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development, street and right-of-way improvements, water and sewer improvements, storm water drainage, erosion control, watershed protection, density, setbacks, structure height, the provision for open space, and other matters that the Board of Commissioners may find appropriate or the petitioner(s) may propose. The petitioner(s) shall have a reasonable opportunity to consider and respond to any such conditions prior to final action by the Board of Commissioners.

2. A petition for reclassification of property to a conditional zoning district pursuant

to this section, where such property is located partially or entirely within the Highlands Greenway, as shown on the "Town of Highlands Greenway Plan Map," shall not be granted without the dedication to the Town of Highlands of a



recreation easement for a strip of property for said Greenway ranging between twenty-five (25) and fifty (50) feet in width, as determined to be necessary by the Town in its sole discretion, to promote the purposes of the Greenway project. Upon the effective date of a resolution of the Board of Commissioners that an easement dedicated to the Town of Highlands is no longer required for the Highlands Greenway, the easement shall terminate and the Town shall, upon request of the owner, and at the owner's expense, file in the Register of Deeds for Macon County or Jackson County an instrument providing for such termination as a matter of public record.

C. Effect of Approval 1. If property is rezoned to a conditional zoning district, the development and use of

the property shall be governed by the predetermined Ordinance requirements applicable to the district's category and use, the approved site plan for the district, and any additional approved rules, regulations, and conditions, all of which shall constitute the Zoning Ordinance for the approved district and are binding on the property as an amendment to this Ordinance and Zoning Map.

2. If property is rezoned to a conditional zoning district, the petitioner shall comply

with all requirements established Sec. 4.7, Zoning Certification, for obtaining a building permit and certificate of occupancy. Only those uses and structures indicated in the approved petition and site plan shall be allowed on the subject property.

D. Amendments to Approved Conditional Zoning District

1. Changes to an approved petition or to the conditions attached to the approved petition shall be treated the same as an application for a new conditional zoning district and shall be processed in accordance with the procedures in this Section.

E. Review of Adopted Conditional Zoning Districts It is intended that property shall be reclassified to a conditional zoning district only in the event of firm plans to develop the property. The Planning Board may examine the progress made toward developing the property in accordance with the approved petition and any conditions attached to the approval. If the Planning Board determines that progress has not been made in accordance with the approved petition and conditions, it may recommend in writing to the Board of Commissioners that the property be classified to another district.

Article 4: Applications and Permits Section 4.6 Special Use Permit


Sec. 4.6 Special Use Permit

4.6.1 Applications A. All applications for a Special Use Permit shall

accompany or precede the application for a Zoning Certificate as provided in Sec. 4.7, Zoning Certification, or a Certificate of Compliance as provided in Sec. 4.7.6, Zoning Certificate of Compliance, as applicable.

B. Prior to the consideration of any application for Special Use Permit as required per Article 6, Use Regulations, of this Ordinance, the Zoning Board of Adjustment shall require that an applicant submit an application to the Planning Board for review and recommendation. Special Uses which do not involve any change in the appearance of a building or premises shall not be required to be reviewed by the Planning Board. The Planning Board shall review an application at its next regularly scheduled meeting, not to exceed thirty (30) days after the date of application, and shall submit its report to the Zoning Board prior to the Zoning Board's next meeting. The Zoning Board shall not deny any application, however, on the basis of a negative recommendation from the Planning Board. In reviewing the application, the Planning Board may consider building design, relationship of building to site, relationship of project to adjoining area, landscape and site treatment, signs, lights, street hardware, miscellaneous structures, maintenance, and any other considerations it feels reasonably affect the appearance of the project.

C. Approval of a Special Use Permit does not relieve the applicant of the obligation to procure any other permit, as required by this Ordinance or State and Federal Law. These include, but are not limited to Sec. 4.11, Infrastructure Approvals, Sec. 4.13, Landscape Plan Permits, Sec. 4.14, Land-Disturbing Activity Permits, Sec. 4.14.4, Erosion and Sedimentation Control Plan Requirements, Sec. 4.16, Stormwater Management Permit, and Sec. 4.17, Sign Permit and any permit required by the North Carolina State Building Code.

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4.6.2 Procedure A. All applications for a Special Use Permit shall be addressed and submitted to the

Zoning Board of Adjustment and shall be delivered to the office of the Planning and Development Director. An application for Special Use Permit shall be made per the requirements of Section 4.2.3, Application Requirements, and shall at a minimum contain the information listed below. See also Item B, Multi-Family Buildings, Item C, Private Social Clubs and Item D, Nonprofit Visual Art Centers for additional Special Use Permit Requirements.

1. A Site Plan and twenty (20) copies, drawn to an appropriate scale and

supporting information and text that specifies the actual use or uses intended for the property and any rules, regulations, and conditions that, in addition to all predetermined Ordinance requirements, will govern the development and use of the property. The following information must be provided on the Site Plan, if applicable:

a. A boundary survey and vicinity map showing the property's total acreage; b. The identity of neighboring properties;

c. Its zoning and Watershed classification(s), and the zoning setback lines;

d. All adjacent streets, designated as public or private;

e. The location of stands of old growth trees, streams, marshes, wetlands, bogs,

rivers, impoundments, large rock outcroppings or other significant geological features on the subject property;

f. All existing easements, reservations, and rights of way;

g. All existing or proposed structures, showing setbacks to rights-of-way and

property lines;

h. Areas in which proposed structures will be located;

i. Proposed use of all land and structures, including the number of residential units, the number of commercial buildings and the total square footage of any nonresidential development;

j. All yards, buffers, screening, and landscaping required by these regulations

per Sec. 4.13, Landscape Plan Permits, or proposed by the petitioner(s);

k. All existing and proposed points of access to public streets;

l. The location of existing and proposed storm drainage patterns and facilities intended to serve the proposed development;

m. Parking areas showing the number and arrangement of parking spaces and

driveway entrances and circulation;



n. Proposed phasing, if any; including a complete Phased Development Plan and Phasing Schedule, including the date upon which construction is expected to begin and the date within which it is expected to be completed. Any Phasing schedule extending beyond the maximum five (5) year vested rights per Sec. 4.21.2, Establishment of a Vested Right for Special Use Permits, will require a Site Specific Development Plan and a development agreement with the Town; and

o. The site plan shall be neatly drawn, with a north arrow, name and address of

person who prepared the plan, date of the original drawing, and an accurate record of any later revisions.

2. Elevations and a floor plan, indicating dimensions of the building, gross floor

space, number of seats, or any other applicable information; 3. A complete and detailed description of the use proposed, together with any other

pertinent information which the applicant feels would be helpful to the Zoning Board of Adjustment in considering the application;

4. A plan showing the size, type, and location of any signs proposed to be erected

in conjunction with the use; and 5. The Zoning Board of Adjustment may, in its sole discretion, waive the foregoing

requirements where, for example, only minor construction, minor changes to parking areas, or changes only to the use of existing buildings is contemplated. See also Sec. 4.2.3, Application Requirements, Item E. Staff Consultation after Application Submitted.

B. Upon receipt of an application for a Special Use Permit, the Zoning Board of

Adjustment shall call a public hearing and shall give notice, as outlined in Sec. 4.2.4, Notice and Public Hearings. At the hearing, the applicant or designated representative thereof shall appear for the purposes of offering testimony and recommendations as to the application, and the Board shall also allot reasonable time for the expression of views by any member of the public attending the meeting in person or represented by an attorney.

C. The Zoning Board of Adjustment may, at its discretion, submit to the Planning Board for its recommendation any Special Use Permit applications received.

D. The Zoning Board of Adjustment shall grant and issue the Special Use Permit if and

only if it finds all of the following: 1. The use will not materially endanger the public health or safety if located where

proposed and developed according to the plan as submitted and approved;

2. The use meets all required conditions and specifications;

3. The use will not substantially injure the value of adjoining or abutting property or, in the alternative, the use is a public necessity; and



4. The location and character of the use, as developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the Town and its environs.

E. Within seven (7) days after making the decision required of it, the Zoning Board of

Adjustment shall issue its written ruling, either granting or denying the Special Use Permit, and deliver copies thereof to the Planning and Development Director. The Planning and Development Director shall mail, by first class mail, to the address shown on the application, a copy of the written ruling to the applicant or his representative, but the failure to do so shall not affect the ruling.

F. All construction approved pursuant to a Special Use Permit shall be completed in accordance with the construction schedule submitted in Sec. 4.6.2, Procedure, Item A.5, as approved by the Zoning Board of Adjustment. In the event that a significant departure from the construction schedule occurs during a project, the applicant may appear before the Board and request an amendment of the Special Use Permit. The Board may extend the construction schedule only upon a finding that delays in construction have been caused by, or are expected to be caused by, circumstances beyond the control of the applicant. Unless the construction scheduled is extended by amendment of the Special Use Permit, failure to complete construction within the approved time shall be considered a violation of the Special Use Permit, and subject to the sanctions provided in Article 15, Inspections, Violations and Enforcement.

4.6.3 Additional Application Requirements

A. Multi-Family Buildings

An application for Special Use Permit for the Construction or Conversion of Multi-Family Buildings shall be made per the requirements of Section 4.2.3, Application Requirements, and shall at a minimum contain the information listed above in Item A, this Section as well as the following additional requirements:

1. A current survey of the parcel as prepared by a professional land surveyor or

professional engineer licensed and authorized to survey real property in North Carolina. The survey shall indicate the metes and bounds of the parcel, the total area of the parcel and expressed in square feet, the location of all public and private roads, the location of all public utility easements within the parcel or located less than fifty (50) feet form it, the location of all streams and watercourses, and the names of all adjacent property owners;

2. A complete set of the construction plans and specifications for each building to be erected upon the parcel, the plans to include a certification of an architect or professional engineer, duly licensed by the appropriate North Carolina authority, that the plans and specifications are in accordance with all existing building, electrical, plumbing, fire, and safety codes of North Carolina and any other authority having jurisdiction over the construction of buildings. The construction plans and specifications shall clearly state the total horizontal surface area of land occupied by the multi-family building and the measurements of building height;



3. A complete site and landscape plan showing the perimeter of the parcel, the location of all proposed improvements thereon, the location of all existing improvements thereon that shall remain upon the parcel at the time construction is completed, and the location and description of all proposed landscaping improvements and all dimensions and measurements; and

4. A copy of the permit from the appropriate authority to construct or expand any water distribution or sewerage disposal system or, if applicable, a permit from the appropriate authority to connect to and use any existing public water supply or water treatment and disposal system.

B. Private Social Clubs

An application for Special Use Permit for the Private Social Clubs shall be made per the requirements of Section 4.2.3, Application Requirements, and shall at a minimum contain the information listed above in Item A, this Section as well as the following additional requirements:

1. Each application shall contain a current survey of the property showing the

location on the site of all buildings or facilities;

2. A complete description of all of the regular activities to be held at the club;

3. A complete set of construction plans (if a new building) or floor plans (if an existing building converted to this use); and

4. The maximum number of members who will be permitted to join the club. If the club desires to increase the membership over the number allowed in the original permit, then the club must re-apply, and both the minimum parcel size and the amount of parking provided under Article 9, Parking and Landing, must be large enough to accommodate the increase in membership.

C. Nonprofit Visual Art Centers

An application for Special Use Permit for the Nonprofit Visual Art Centers shall be made per the requirements of Section 4.2.3, Application Requirements, and shall at a minimum contain the information listed above in Item A, this Section as well as the following additional requirements:

1. A current survey of the parcel as prepared by a professional land surveyor or

professional engineer licensed and authorized to survey real property in North Carolina. The survey shall indicate the metes and bounds of the parcel, the total area of the parcel, and expressed in square feet, the location of all public and private roads, the location of all public utility easements within the parcel or located less than fifty (50) feet from it, the location of all perennial streams and watercourses, and the names of all adjacent property owners;

2. A complete set of the construction plans and specifications for each building to be erected upon the parcel, the plans to include a certification of an architect or professional engineer, duly licensed by the appropriate North Carolina authority, that the plans and specifications are in accordance with all existing building, electrical, plumbing, fire, and safety codes of North Carolina and any other authority having jurisdiction over the construction of buildings. The construction



plans and specifications shall clearly state the total horizontal surface area of land occupied by the visual art center building and the measurements of building height; and

3. A complete site and landscape plan showing the perimeter of the parcel, the location of all proposed improvements thereon, the location of all existing improvements thereon that shall remain upon the parcel at the time construction is completed, and the location and description of all proposed landscaping improvements and all dimensions and measurements.

D. Electronic Gaming Operations

An application for Special Use Permit for the Electronic Gaming Operation shall be made per the requirements of Section 4.2.3, Application Requirements, and shall at a minimum contain the information listed above in Item A, this Section as well as the following additional requirements: All applicable permits, including those for signage, must be issued to the applicant prior to the issuance of the Special Use Permit and the opening of business.

4.6.4 Additional Conditions as to Use

In addition to any other requirements provided by this Ordinance, the Zoning Board of Adjustment may, in issuing a Special Use Permit, designate additional conditions and requirements in connection with the application as will, in its opinion, assure that the use in its proposed location will be harmonious with the area in which it is proposed to be located and with the spirit of this Ordinance. All additional conditions shall be entered in the minutes of the meeting at which the permit is granted and also on the certificate of the Special Use Permit (or on the plans submitted therewith). All conditions so imposed shall run with the land and shall be binding upon the original applicant, as well as the applicant's heirs, successors, or assigns, during the continuation of the use conditionally permitted or any similar use.

4.6.5 Sanctions In the event of failure to comply strictly with the plans, documents, and other assurances submitted and approved with the application, or in the event of failure to comply with any conditions imposed upon the Special Use Permit as provided in subsection Sec. 4.6.3, Additional Conditions as to Use, the permit shall thereupon immediately become void. No Zoning Certificate for further construction or Certificate of Compliance under the Special Use Permit shall be issued, and all improvements to the land which were the subject of the application shall thereupon be regarded as non-conforming and shall be subject to the sanctions provided in Article 15, Inspections, Violations and Enforcement, hereof.

4.6.6 Expiration of Special Use Permits Unless a vested right is established for a Special Use Permit as outlined in Sec. 4.21.2, Establishment of a Vested Rights for Special Use Permits, a Special Use Permit issued in accordance with this Section shall expire if a Zoning Certificate or Certificate of Compliance for such use is not obtained by the applicant within six (6) months from the date of the decision. If, after commencing work under a Special Use Permit and prior to completion of the entire project, work is discontinued for a period of twelve (12) months, the Special Use Permit shall become void, and no work may be performed until a new



Special Use Permit has been issued. If, after issuance of a Certificate of Compliance for a Special Use Permit, that use is discontinued for a period of twelve (12) consecutive months, the Special Use Permit shall become void, and the use may not be re-established until a new Special Use Permit has been issued. When a Special Use Permit expires, the Zoning Board shall treat re-application for a new Special Use Permit in the same manner as any other application, and the provisions of this Ordinance currently in effect shall be applicable.

Article 4: Applications and Permits Section 4.7 Zoning Certification


Sec. 4.7 Zoning Certification 4.7.1 Applicability

No person shall commence or proceed with construction of any new building, fence or wall, as defined herein, or with the reconstruction, alteration, repair, moving, or demolition of any existing building, in any Zoning District, prior to the issuance of a Zoning Certificate, in accordance with the following procedures.

4.7.2 Application Requirements

A. Application for a Zoning Certificate shall be filed with

the Planning and Development Director and may be made prior to or in conjunction with application for a permit under the North Carolina State Building Code, shall be made per the requirements of Sec. 4.2.3, Application Requirements, and shall at a minimum contain the information listed below. See also Sec. 4.7.3, Additional Requirements in Commercial Zoning Districts, and Sec. 4.7.7, Watershed Protection Permit

1. A Site Plan, drawn to an appropriate scale, of the parcel of property showing its

actual dimensions and indicating the size, location, and distance from property lines of the proposed building, any other existing building(s), and any other improvements proposed to be accomplished, including but not limited to driveways, sidewalks, and parking areas;

2. A drawing of the proposed building drawn to scale and in sufficient clarity and

detail to indicate the nature and character of the work to be done, and consisting at minimum of a floor plan and elevations of the building (except, however, that the Planning and Development Director may approve minor construction work without compliance with this requirement);

3. The use to which the completed project shall be devoted; and 4. Any other information the Planning and Development Director may deem

reasonably necessary to evaluate the compliance of the applicant's proposal with the provisions of this Ordinance.

B. The Planning and Development Director shall review each element of the application

and if he is satisfied that the work described therein complies with the Zoning Ordinance, he shall issue a Zoning Certificate; said Certificate may be issued prior to or in conjunction with application for a permit under the North Carolina State Building Code. After a Zoning Certificate has been issued, no changes or deviations from the terms of the application, plans, or permit shall be made until specific written approval has been obtained from the Planning and Development Director. If the Planning and Development Director finds the application to be deficient or the information contained therein to be contrary to the provisions of this Ordinance, he shall reject


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the application and deny the applicant's request for a Zoning Certificate in writing, setting forth the reasons for the rejection and denial.

C. Approval of a Zoning Certificate does not relieve the applicant of the obligation to

procure any other permit, as required by this Ordinance or State and Federal Law. These include, but are not limited to Sec. 4.13, Landscape Plan Permits, Sec. 4.14, Land-Disturbing Activity Permits, Sec. 4.14.4, Erosion and Sedimentation Control Plan Requirements, and Sec. 4.17, Sign Permit and any permit required by the North Carolina State Building Code.

D. A Zoning Certificate shall expire six (6) months after the date of issuance if the work

authorized has not been commenced. If after commencement the work is discontinued for a period of twelve (12) months, the Certificate shall immediately expire. Upon expiration, the Certificate shall become void, and no work may be performed until a new Certificate has been secured.

4.7.3 Additional Requirements in Commercial Zoning Districts

In addition to the foregoing, the following provisions shall apply to issuance of a Zoning Certificate in any commercial or other non-residential zoning district. A. Development Activity

1. No person shall commence or proceed with any grading, excavating, or underbrushing whatsoever for a building project in any commercial zoning district prior to the issuance of a Zoning Certificate. See also Sec. 4.14, Land-Disturbing Activity Permits.

2. Pursuant to an act of the General Assembly of North Carolina, Chapter 828,

House Bill 1469 (1986), no person shall remove, destroy, or severely damage, so as to cause to die, any large or medium tree eight (8) inches or more in diameter in connection with a building project in any commercial zoning district prior to the issuance of a Zoning Certificate. See also Sec. 4.12, Tree Removal Permits and Sec. 4.14, Land-Disturbing Activity Permits.

B. Change in Color or Material of Building

No person shall commence or proceed with the change or replacement of color or exterior material on any existing commercial building, as defined herein, prior to the issuance of a Zoning Certificate. Application for a Zoning Certificate shall be filed with the Planning and Development Director, and the required information shall include a sample of the proposed color or colors for the building and/or a description of the proposed material. The Planning and Development Director shall issue a Zoning Certificate if the change in color and/or exterior material generally conforms to the official Color Chart. Approved colors and materials need not match specific colors and materials in the chart, but the given shades or types shall fall within the parameters defined by the chart as determined by the Planning and Development Director.

E. Application for a Zoning Certificate in a Commercial Zoning District shall include a Landscape and Buffer Plan per the requirements of Sec 4.13, Landscape Plan Permits.



4.7.4 Construction or Reconstruction of Fences No person shall commence with the construction of a fence on any property without the issuance of a Zoning Certificate. Application for a Zoning Certificate shall be filed with the Planning and Development Director, and the information shall include a site plan indicating the proper setbacks, as well as a rendering of the proposed fence design, including the height of the fence.

4.7.5 Structures Located Within Dedicated Rights-of-Way

A. Certain structures are permitted to be located within dedicated rights-of-way of public

or private roads without the issuance of a Zoning Certificate, provided they can be easily dismantled and relocated; do not obstruct vision, or otherwise interfere with pedestrian or vehicular traffic; and do not interfere with the public health, safety, or welfare. Such structures shall include decorative wooden fences, mailboxes, reflectors or mirrors associated with driveways, and other small decorative objects associated with residences. No temporary structures are allowed within six (6) feet of the wear surface of a road.

B. Structures which are permanent and substantial, and which cannot be easily dismantled and relocated, shall not be erected within the right-of-way of any public or private road without the issuance of a Zoning Certificate. Such structures shall include permanent walls, such as those constructed of rock or railroad cross-ties; pillars; fences and gates constructed of substantial material, such as chain-link or iron; residential parking decks, whether constructed of fill dirt and retaining walls, or other methods; and private foot-, golf-cart, or vehicular bridges or tunnels across rights-of-way. Required driveway entrances signs and street signs regulated by Article 10, Infrastructure, and temporary signs allowed within the dedicated rights-of-way regulated by Article 13, Sign Standards, are exempt. No Zoning Certificate shall be issued for such structures except upon resolution of the Board of Commissioners of the Town of Highlands and, in addition, the North Carolina Department of Transportation if the road is a part of the State-maintained system.

4.7.6 Structures Located in Wetlands

In addition to the requirements of Sec. 4.7.1, Applicability, of this Section, the following provisions shall apply to issuance of a Zoning Certificate for development on wetlands. A. Application for a Zoning Certificate in areas deemed by the Planning and

Development Director to be wetlands shall include indication on the required Site Plan of any wetlands on the property and any areas to be disturbed.

B. If the application proposes the disturbance of any areas identified as wetlands, the Planning and Development Director shall not issue a Zoning Certificate until the applicant has submitted an application to the U. S. Army Corps of Engineers and received the appropriate permit from that organization.


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4.7.7 Zoning Certificate of Compliance See also Sec. 4.7.8, Watershed Protection Occupancy Permit. A. If any repairs, improvements, or alterations

shall be performed upon any premises for which a Zoning Certificate shall be issued, a Certificate of Compliance shall be secured from the Planning and Development Director within thirty (30) days from the completion thereof.

B. The Certificate of Compliance shall certify that the Planning and Development Director has inspected the completed improvements and that the improvements, together with the proposed use thereof, are in conformity with the Zoning Certificate and the provisions of this Ordinance.

C. No new building or part thereof may be occupied, and no addition or enlargement of any existing building may be occupied, and no existing building that has been altered or moved may be occupied until the Certificate of Compliance has been issued.

D. The Planning and Development Director may, in his discretion, issue a Temporary Certificate of Compliance permitting occupancy of specified portions of an uncompleted building or project for a limited time, not to exceed six (6) months, if the Planning and Development Director finds that the portion of the building or project may safely be occupied prior to the final completion of the entire building or project. The Planning and Development Director may renew, at his discretion, the Temporary Certificate of Compliance for additional specified periods, each successive period not to exceed six (6) months.

4.7.8 Watershed Protection Permit

A. In addition to the requirements of Sec. 4.7, Zoning Certification, within any

Watershed Overlay District defined by this Ordinance, no development shall occur, nor shall any building be erected, moved, enlarged or structurally altered, nor shall any building permit be issued, nor shall any change in the use of any building or land be made, until a Watershed Protection Permit has been issued by the Watershed Administrator. No Watershed Protection Permit shall be issued except in conformity with the provisions of this Ordinance.

B. Application for a Watershed Protection Permit may be filed in conjunction with Zoning Certificate, and must meet all of the requirements of Sec. 4.7.2, Application Requirements, and shall contain the additional information listed below: • The dimensions of any portion of a development that is impervious or partially

impervious, with the total area of built-upon development calculated if applicable.

Inspection of Completed

Improvements (within 30 days)

Zoning Cert. Issued

Work Performed




C. A Watershed Protection Permit shall expire per the procedures outlined in Sec. 4.7.2, Application Requirements, Item D.

4.7.9 Watershed Protection Occupancy Permit

A. In addition to the requirements of Sec. 4.7.6, Zoning Certificate of Compliance, within any Watershed Overlay District defined by this Ordinance, the Watershed Administrator shall issue a Watershed Protection Occupancy Permit certifying that all requirements of this Ordinance have been met prior to the occupancy or use of a building hereafter erected, altered, or moved, and/or prior to the change of use of any building or land. No Watershed Protection Occupancy Permit shall be issued until an inspection of the premises has been made by the Watershed Administrator pursuant to Sec. 15.1.2, Inspections.

B. No building or structure which has been erected, moved, or structurally altered may

be occupied until the Watershed Administrator has approved and issued a Watershed Protection Occupancy Permit.

C. If the Watershed Protection Occupancy Permit is denied, the Watershed

Administrator shall notify the applicant in writing stating the reasons for denial.

Article 4: Applications and Permits Section 4.8 Outdoor Display


Sec. 4.8 Outdoor Display 4.8.1 Applicability

Outdoor display shall be allowed in specific Zoning Districts as outlined in Sec. 6.5.2, Outdoor Display of Merchandise, in accordance with the following procedures.


An application for outdoor display shall be made per the requirements of Sec. 4.2.3, Application Requirements, and shall at a minimum contain the information listed below:

A. The name, address and phone number of the commercial establishment;

B. The name, address and phone number of the

business owner; C. A recent survey of the subject property, showing

the proposed area for the outdoor display and the location of existing public and private sidewalks and walkways;

D. A description of the general nature of the items to

be displayed; and E. A recent photograph from all adjacent streets of the subject property and the

adjoining properties with the same street frontage.




Article 4: Applications and Permits Section 4.9 Tower and Antennae Use Certificate


Sec. 4.9 Tower and Antennae Use Certificate 4.9.1 Applicability

New Wireless Communication Faciliites shall be allowed as outlined in Sec. 6.6, Wireless Communication Facilities, in accordance with the following procedures and shall be subject to all applicable development criteria of Sec. 10.7, Wireless Communication Facilities, and Article 11, Landscape, Screening and Buffers, and Article 13, Sign Standards. A. Wireless Communication Facilities subject to Planning

and Development approval. 1. Attachments to existing Support Structures or

Attached Wireless Communication Facilities. Antenna attachments onto existing Support Structures or Attached Wireless Communication Facilities shall be permitted by administrative approval of the Planning and Development Director.

2. Attachments on lands identified in Table A, Sec.

6.6.3, Preferred Location for Wireless Communication Facilities and Applicability. Antenna attachments or Wireless Communication Facilities with support structures located on lands identified in Table A, Sec. 6.6.3 shall be permitted by administrative approval of the Planning and Development Director.

B. Wireless Communication Facilities subject to Zoning Board of Adjustment approval.

All other Wireless Communication Facilities are subject to the requirements of a Sec. 4.6, Special Use Permit, as well as the specific requirements below in Sec. 4.10.2, Application Requirements.


A. An application for tower and antennae shall be made per the requirements of Sec. 4.2.3, Application Requirements, and shall at a minimum contain the information listed below:

1. The name, phone number, address of the owner of the property, if they are not

the owner of the Wireless Communication Facilities; 2. The name, phone number, address of the owner of the Wireless Communication

Facilities; 3. A location map for the Wireless Communication Facility noting either it is:

a. An attachment to existing support structures or attached Wireless

Communication Facilities or;




Article 4: Applications and Permits Section 4.9 Tower and Antennae Use Certificate


b. An attachment to lands.

4. A Site Plan drawn to an appropriate scale and showing or containing the

following information demonstrating compliance with the applicable development standards of this Ordinance. This includes but is not limited to:

a. Proposed structure height; b. Required setbacks; c. A planting plan showing the required landscape buffer and any other

screening, including proposed berms and fencing; d. Another other supporting details or information related to the proposed

aesthetics, placement, materials and colors, lighting and signage; and

5. Any other related information requested by the Planning and Development Director shall be supplied by the applicant as part of the application.

B. Applicants for facilities described in Sec. 4.9.1, Applicability, Item B above, shall provide the Town with adequate information to establish that the lands identified in Table A cannot be made suitable for Wireless Communication Facility locations. Proposals shall not be approved unless the applicant can demonstrate that such facilities cannot be accommodated on existing or approved towers, buildings, or alternative structures within a one-half (1/2) mile search radius of the proposed wireless communications facility due to one or more of the following reasons:

1. The planned equipment would exceed the structural capacity of the existing or

approved tower, building or structures, as documented by a qualified and licensed North Carolina professional engineer, and the existing or approved tower, building, or structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost;

2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower, building, or other structure, as documented by a qualified and licensed North Carolina engineer, and the interference cannot be prevented at a reasonable cost;

3. Existing or approved towers, buildings, or other structures within the search radius, or combinations thereof, cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a qualified and licensed North Carolina professional engineer; and

4. Other unforeseen reasons make it infeasible to locate the planned telecommunication equipment upon an existing or approved tower, building, or other structure.

Article 4: Applications and Permits Section 4.10 Shared Parking for Restaurants


Sec. 4.10 Shared Parking for Restaurants 4.10.1 Applicability

Public Parking and Dual-Use Parking Spaces shall be allowed in specific Zoning Districts as outlined in Sec. 9.2, Shared Parking for Restaurants, in accordance with the following procedures.

4.10.2 Dual-Use Parking Application Requirements

An application for dual-use shall be made per the requirements of Sec. 4.2.3, Application Requirements, and shall at a minimum contain the information listed below: A parking study and a Site Plan, drawn to an appropriate scale, prepared by the applicant, at the applicant’s expense, which shall contain the following information and locations:

A. All parking spaces on the property owned by the

restaurant; B. All parking spaces to be designated as Dual-Use

Parking Spaces on property owned by others; C. The schedule when the Dual-Use Parking Spaces will be used; D. A statement, with supporting information, showing that the sharing of the Dual-Use

Parking Spaces will not result in conflicting or overlapping usage of the parking facilities;

E. Proof of the lease as outlined in Sec. 9.2.3, Use of Dual-Use Off-Street Parking; and F. Any other related information deemed necessary by the Planning and Development

Director.

4.10.3 Public Parking Spaces Application An application for public parking spaces shall be made per the requirements of Section 4.2.3, Application Requirements, and shall at a minimum contain the information listed below. A. A Site Plan, drawn to an appropriate scale, and showing or containing the following

information: 1. The floorplan of the restaurant, showing existing and proposed seating areas

(both indoor and outdoor); 2. A notation of the existing square feet of the interior area of the restaurant; 3. Adjacent street names; 4. Existing parking (both public and private);




Article 4: Applications and Permits Section 4.10 Shared Parking for Restaurants


5. Location of Public Parking Spaces requested to be utilized; 6. Identification of land uses of adjacent properties; 7. The Macon County property identification number (PIN) of the restaurant parcel;

B. The street address of the restaurant;

C. A statement of the number of employees on the restaurant’s largest shift; and

D. Any other related information requested by the Planning and Development Director shall be supplied by the applicant as part of the application.

E. If the restaurant is located in a shopping center or unified development, the following additional information shall be provided with the Public Parking Spaces application and shown on the Site Plan: 1. The location of all common parking areas; 2. The total number of common parking spaces; 3. The location of all parking spaces in the common parking area that are allocated

to the restaurant; 4. The number of parking spaces in the common parking area that are

allocated to the restaurant; 5. The area, in square feet, of all other uses in the shopping center; and 6. The parking requirements of all other uses in the shopping center.

Article 4: Applications and Permits Section 4.11 Infrastructure Approvals


Sec. 4.11 Infrastructure Approvals 4.11.1 Applicability

Streets, sidewalks, trails and related facilities as outlined in Article 10, Infrastructure, and electrical service, water service and sewer service as outlined in the Public Works Specifications Manual, shall be allowed in accordance with the following procedures.

4.11.2 Prior Approval

A Certificate of Compliance, per the requirements of Sec. 4.7.6, Zoning Certificate of Compliance, shall be secured from the Planning and Development Director before the making of a permanent connection to electrical service, water service, or sewer service.

4.11.3 Performance Bond

A. The Board of Commissioners, at their discretion, may require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a preliminary plat or other site plan or permit approval in order to ensure that the infrastructure for a subdivision, or conditional zoning district are installed by the permit holder as required by the approved plans and permits.

B. The amount of an installation performance security shall be the total estimated

construction cost of the approved infrastructure, plus twenty-five percent (25%).

4.11.4 Procedure The procedures below only apply to Board of Commissioners review of streets, electrical service, water service and sewer service for consideration of Preliminary Plat submittal as outlined in Sec. 4.4.4, Preliminary Plat Requirements, or review of information as required in Sec. 4.5, Conditional Use Zoning Districts, or Sec. 4.6, Special Use Permits or any other Site Plan reviews performed by the Planning and Development Director, in order to assist the review authority with consideration of the application requirements. Additional infrastructure requirements, including forms, fees and deadlines are outlined in the Public Works Specifications Manual.

A. Streets

Plans for all streets within the Town of Highlands shall conform to the standards and specifications of the Town, as set forth in Article 10, Infrastructure, and the Public Works Specifications Manual. The subdivider shall provide proof of the following:

1. Town of Highlands Streets: All streets which are subject to the review authority

of the Town of Highlands, as established by Sec. 10.1.2, Infrastructure Review Authority.

a. Plans for all proposed Town of Highlands streets, whether designated

"public" or "private," pursuant to this Ordinance shall be prepared by a duly qualified registered North Carolina professional engineer, professional land surveyor or landscape architect and the engineer, surveyor or landscape architect shall perform services only in their area of competence and shall verify that the design of all street facilities and practices meets the submittal requirements for complete applications, that the designs and plans are

Article 4: Applications and Permits Section 4.11 Infrastructure Approvals


sufficient to comply with applicable standards and policies found in this Ordinance and other standards of the Town, and that the designs and plans ensure compliance with the requirements of this Ordinance.

b. The plan shall be forwarded to the Town Engineer and Public Works Director,

or his or her authorized representative qualified to review such plans as designated by the Town of Highlands for review and recommendation, at the subdivider’s expense. The Town Engineer or his designee shall submit a written report to the Town certifying that the plans meet the standards and specifications of the Town, as set forth in Article 10, Infrastructure, and the Public Works Specifications Manual.

c. At the same time, the subdivider's qualified design professional shall establish and submit an inspection schedule for the improvements installations, including any proposed phasing. See also Sec. 10.6, Improvements and Installations.

d. No work shall commence on the installation of public or private streets until the report of the Town Engineer or his designee has been received and the preliminary plat has been approved by the Board of Commissioners.

2. NCDOT Streets. Plans for all such streets shall be reviewed and approved by the District Engineer of the NCDOT prior to preliminary plat approval, so that said streets, when constructed and completed, will be eligible for acceptance into the State Highway System.

B. Water and Sewer

1. Where a public water or sewer system is proposed, the developer must provide

sketch plans prepared by a N.C. professional engineer and letter of approval from the appropriate State agency indicating that such plans have been reviewed and approved by the administrators of the system(s) and the appropriate State agency. Plans shall show water and sewer system layouts (excluding individual wells and septic systems), showing the location of lines, line sizes, approximate location of manholes, pumps, hydrants, force mains, and the connection of the proposed system(s) with existing systems.

2. Where public water or public sewer is not available for each lot in the subdivision

and individual systems will be used, a letter of approval from the Macon County and/or Jackson County Health Department shall be submitted with the preliminary plat, indicating that each lot has adequate land area and soil conditions to accommodate the proposed methods of water supply and sewage disposal.

C. Electrical

A letter of approval from the Town Engineer shall be submitted with the preliminary plat.

Article 4: Applications and Permits Section 4.12 Tree Removal Permits


Sec. 4.12 Tree Removal Permits 4.12.1 Applicability

Tree removal where land-disturbing activity is planned for development shall be as outlined in Sec. 4.14, Land-Disturbing Activity Permits. Where no commercial building project is approved, tree removal in any commercial or other non-residential district shall be as outlined in Sec. 11.2.2, Tree Protection, and in accordance with the following procedures.


An application for tree removal shall be made per the requirements of Section 4.2.3, Application Requirements, and shall at a minimum contain the information listed below: A. A Site Plan, drawn to an appropriate scale, prepared

by the applicant, at the applicant’s expense, which shall contain the following information: 1. Locations of tree(s) proposed to be removed;

2. Reserved.

B. A statement, with supporting information; identify why the tree is to be removed;

1. Reason for removal must comply with Sec. 11.2.2, Tree Protection; and 2. A report shall be provided from an arborist or other duly qualified professional, at

the owner’s expense.

C. Any other related information deemed necessary by the Planning and Development Director.




Article 4: Applications and Permits Section 4.13 Landscape Plan Permits


Sec. 4.13 Landscape Plan Permits

4.13.1 Applicability Vehicular Use Landscape and Landscape Buffer Plans shall be required as outlined in Article 11, Landscape, Screening and Buffers, in accordance with the following procedures. A. Approval for Permitted Uses

For permitted uses, landscape and buffer plans shall be approved by the Planning and Development Director.

B. Approval for Special Uses

For uses permitted upon issuance of a Special Use Permit, such plans shall be approved by the Zoning Board of Adjustment as outlined in Sec. 4.6, Special Use Permit.


A. An application for a landscape permit shall be made per the requirements of Sec. 4.2.3, Application Requirements, Sec. 11.3, Vehicular Use Area Landscaping, and Sec. 11.4, Landscape Buffers and Screening , and shall at a minimum contain the information listed below:

1. The name, phone number, address of the owner of the property; 2. The name, phone number, address of the contractor to do the landscape work; 3. A location map for the project; 4. A Site Plan drawn to an appropriate scale; 5. All required landscape areas, landscape strips and landscape buffers shall be

noted including required width and plant quantity calculations; 6. All existing trees and shrubs to be saved. For property of more than one-half

acre, groups of existing trees or shrubs in close proximity that the owner plans to save may be designated on the plan by predominant type, estimated number, and average diameter;

7. All trees and shrubs to be newly planted. A plant legend shall be provided

including the botanical and common names of proposed trees and shrubs and the minimum plant sizes at installation; and

8. Any other related information deemed necessary by the Planning and

Development Director.

Application Submittal Not a SUP



Article 4: Applications and Permits Section 4.14 Land-Disturbing Activity Permits


Sec. 4.14 Land-Disturbing Activity Permits 4.14.1 Applicability

A. Certain land-disturbing activities shall be

allowed without a land-disturbing activity permit as set forth in Sec. 12.4.3, Scope and Exclusions, however land-disturbing activities described in Sec. 12.4.3, Item C.6, shall require a waiver of permit from the Planning and Development Director. See also Sec. 4.18, Variances. Land-disturbing activity requiring a permit shall be allowed in accordance with the following procedures.

B. Prior Plan Approval

No person shall initiate any land-disturbing activity that requires a permit unless thirty (30) or more days prior to initiating the activity, a plan for the activity is filed with and approved by the Town. An Erosion and Sedimentation Control Plan may be filed less than thirty (30) days prior to initiation of a land-disturbing activity if the plan is submitted under an approved express permit program, and the land-disturbing activity may be initiated and conducted in accordance with the plan once the plan has been approved. The land-disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan. See also Sec. 4.14.4, Erosion and Sedimentation Control Plan Requirements.

C. Table

Area to be Disturbed*

Slope Plan Required

Permit Required

Procedure

Up to 3000 s.f. 0 – 30%

Site Plan per Category 1 No Submit Letter to

Planning & Dev. Dir. 3000 s.f. up to 1 acre 0 – 30%

Site Plan per Category 1 Yes Land-Disturbing

Permit

Up to 1 acre 30 – 60% Site Plan per Category 2 Yes Land-Disturbing

Permit 1 acre and above 30 – 60%

Erosion and Sed. Control Plan Yes Land-Disturbing

Permit + EC Plan

Of any size 60 – 100% Erosion and Sed. Control Plan Yes Land-Disturbing

Permit + EC Plan *Unless the activity is allowed without a land-disturbing activity permit as set forth in Sec. 12.4.3, Scope and Exclusions.


Staff Sufficiency Review


Soil and Conservation

District Review (EC & Sed.)



4.14.2 Application for Land-Disturbing Permit Application for a land-disturbing permit shall be made on the proper form obtainable at the Town office and shall be accompanied by a site plan indicating the nature and location of all land-disturbing activities proposed for the site that may cause or contribute to soil erosion and sedimentation, together with adequate erosion control measures. The site plan shall be detailed enough to enable the Planning and Development Director to determine the extent of the land-disturbing activity proposed, and may be filed in conjunction with application for a Zoning Certificate pursuant to Sec. 4.7, Zoning Certification. A physical inspection of the site may also be conducted prior to issuance of the permit. See also Sec. 4.14.3, Steep Slope Protection Plan Requirements, for additional requirements that may be required before a land-disturbing permit is issued. . A. Content

An application for land-disturbing activity shall be made per the requirements of Section 4.2.3, Application Requirements, and shall at a minimum also contain the information listed below. Plans described in items B and C below need not be prepared by an engineer. 1. The name, phone number, address of the owner of the property;

2. The name and phone number of the grading contractor who will do the work on

the property, and documentation that the grading contractor holds a current Macon County or Jackson County grading license;

3. The watershed district in which the property is located;

4. The total disturbed area in square feet;

5. The name of the adjoining stream or lake;

6. The nature of the land-disturbing activity;

7. The greatest slope of the area to be disturbed;

B. For areas less than one acre, as outlined in Sec. 4.14.1, Applicability, Item C, Table,

submit Site Plan per Sec. 4.14.3, Steep Slope Protection Site Plan Requirements, where required; and

C. For areas more than one acre or of any size between sixty and one hundred percent (60 – 100%) slope, as outlined in Sec. 4.14.1, Applicability, Item C, Table, complete and submit an Erosion and Sedimentation Control Plan and accompanying documents per Sec. 4.14.4, Erosion and Sedimentation Control Plan Requirements.

4.14.3 Steep Slope Protection Site Plan Requirements See Sec. 12.5.1, Steep Slope Protection, for each defined category. Where steep slope protection is applicable, an application for land-disturbing activity shall be made per the requirements of Section 4.2.3, Application Requirements, and shall at a minimum contain the information listed below.

A. Category 1. The plan shall be drawn to an appropriate scale and show:



1. The boundaries of the tract; 2. The topography and degree of slope; 3. The location of all existing structures and roads on the tract; 4. The boundary of the area to be disturbed; and 5. The location of all structures and roads to be installed on the tract.

B. Category 2. In Category 2, the person wishing to conduct the land-disturbing activity

shall file a plan containing the same information required in Category 1, with the following additional information:

1. Statement of measures to be used to further the basic control objectives;

2. Statement of other best management practices to be employed;

3. Detail and locations of wire backed silt fencing;

4. Driveway detail, including length, gradient and paving materials specifications;

and

5. Ground cover planting schedules.

C. Category 3. For any land-disturbing activity in Category 3, regardless of size, the person wishing to conduct the LDA shall submit a soil and erosion control plan as required in the following Section of this Ordinance and meet all of the requirements listed in Category 2 above.

4.14.4 Erosion and Sedimentation Control Plan Requirements At least thirty (30) days prior to commencing or undertaking a land-disturbing activity that will uncover or disturb more than one (1) acre of a tract or a land-disturbing activity of any size if it occurs within Steep Slope Protection Category 3, the person shall file three (3) copies of a proposed erosion and sedimentation control plan ("plan") with the office of the Planning and Development Director and one (1) copy of the proposed plan with the Macon or Jackson Counties Soil and Water Conservation District. The Town shall forward to the Director of the North Carolina Division of Water Quality one (1) copy of each plan for a land-disturbing activity that involves the utilization of ditches for the purpose of de-watering or lowering the water table of the tract.

A. General – Contents of Plan

The proposed plan shall be prepared per the requirements of the Town of Highlands “Erosion and Sedimentation Control Plan Preliminary Review Checklist” as amended. A copy of the current checklist shall be kept on file by the Town and shall be distributed to each person who wishes to submit a proposed plan. The plan shall be drawn to an appropriate scale and at a minimum contain the information listed below. 1. All information required in Sec. 4.14.2, Application for Land-Disturbing Permit,

Item A, Content;



2. General site features; 3. Site drainage features; 4. Required design calculations; 5. Erosion control measures; 6. Vegetative stabilization;

7. Plan designer’s signature and date.

B. Additional Documents

Along with submission of the Plan, the applicant shall submit the following information:

1. Required narratives;

2. Completed Financial Responsibility Form;

3. Bid specifications for erosion control; and

4. Construction sequence.

C. Financial Responsibility/Ownership "Financial Responsibility/Ownership Form" on the checklist will be signed by the person financially responsible for the land-disturbing activity or his attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of (1) the person financially responsible, (2) the owner of the land, and (3) any registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or non-compliance with the plan, the Sediment Pollution Control Act of 1973, this article, or rules or orders adopted or issued pursuant to this article. If the applicant is not the owner of the land to be disturbed, the draft erosion and sedimentation control plan must include the owner's written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land-disturbing activity.

D. Environmental Policy Act Document

Any plan submitted for a land-disturbing activity for which an environmental document is required by the North Carolina Environment Policy Act (N.C.G.S. section 113A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for review by the Town. The Town shall promptly notify the person submitting the plan that the thirty (30) day time limit for review of the plan pursuant to this article shall not begin until a complete environmental document is available for review.

E. Soil and Water Conservation District Comments

The district shall review the plan and submit any comments and recommendations to the Town within twenty (20) days after the district received the plan, or within any



shorter period of time as may be agreed upon by the district and the Town. Failure of the district to submit its comments and recommendations within twenty (20) days or within any agreed-upon shorter period of time shall not delay final action on the plan.

F. Deadline for Decisions on Proposed Plans

The Town will review each complete plan submitted to them and within thirty (30) days of receipt thereof will notify the person submitting the plan in writing that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Failure to approve, approve with modifications, or disapprove a complete plan within thirty (30) days of receipt shall be deemed approval.

G. Deadline for Decisions on Revised Plans

The Town will review each revised plan submitted to it and within fifteen (15) days of receipt thereof and will notify the person submitting the plan in writing that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Failure to approve, approve with modifications, or disapprove a revised plan within fifteen (15) days of receipt shall be deemed approval.

H. Approval

The Town shall only approve a plan upon determining that it complies with all applicable State and local regulations for erosion and sedimentation control. The Town will not approve any plan that does not comply with all applicable Federal and State laws, regulations and rules. The Town shall condition approval of all plans upon the applicant's continuing compliance with Federal and State water quality laws, regulations and rules. The Town may establish an expiration date, not to exceed three (3) years, for plans approved under this article.

I. Disapproval for Content The Town may disapprove a plan or revised plan based on its content. A disapproval based upon a plan's content must specifically state in writing the reasons for disapproval.

J. Other disapprovals The Town may disapprove a plan for the following reasons not based upon the content of the plan:

1. Where implementation of the plan would result in a violation of the rules adopted

by the North Carolina Environmental Management Commission to protect riparian buffers along surface waters.

2. Where the applicant, or a parent, subsidiary, or other affiliate of the applicant:

a. Is conducting or has conducted land-disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the commission or a local government pursuant to the Sediment Pollution Control Act of 1973 and has not complied with the notice within the time specified in the notice;

b. Has failed to pay a civil penalty assessed pursuant to the Sediment Pollution



Control Act of 1973 or a local ordinance adopted pursuant to the Sediment Pollution Control Act of 1973 by the time the payment is due.

c. Has been convicted of a misdemeanor pursuant to N.C.G. S. section 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to the Sediment Pollution Control Act of 1973; or

d. Has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to the Sediment Pollution Control Act of 1973.

K. For disapprovals not based upon the content of a proposed plan, an applicant's

record may be considered for only the two (2) years prior to the application date.

L. In the event a disapproval is not based upon the content of a proposed plan, the Town shall notify the Director of such disapproval within ten (10) days. The Town shall advise the applicant and the Director in writing as to the specific reasons that the plan was disapproved.

M. Notice of Activity Initiation At least ten (10) days prior to the undertaking of a land-disturbing activity requiring a

permit or plan, the person conducting the land-disturbing activity shall notify the Town of the date that the land-disturbing activity shall commence.

N. Preconstruction Conference When deemed necessary by the Town, a preconstruction conference may be

required. O. Display of Plan Approval A plan approval issued under this article shall be prominently displayed or kept on

file at the job site until all construction is complete, all permanent sedimentation and erosion control measures are installed and the site has been stabilized.

P. Revised Plan After approving a plan, if the Town either upon review of such plan or on inspection

of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, or that the plan is inadequate to meet the requirements of this article, the Town shall require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the Town or other appropriate authority.

Q. Amendment to a Plan Applications for amendment of a plan in written and/or graphic form may be made at

any time under the same conditions as the original application. Until such time as said amendment is approved by the Town, the land-disturbing activity shall not proceed except in accordance with the plan as originally approved.

R. Failure to File a Plan Any person engaged in land-disturbing activity who fails to file a plan in accordance

with this article, or who conducts a land-disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of this article.



S. Inspections by landowner Where inspections are required by N.C.G.S. 113A-54.1(e), the following apply:

1. The person who performs the inspection shall make a record of the site

inspection by documenting the following items:

a. All of the erosion and sedimentation control measures, practices and devices, as called for in a construction sequence consistent with the approved erosion and sedimentation control plan, including but not limited to sedimentation control basins, sedimentation traps, sedimentation ponds, rock dams, temporary diversions, temporary slope drains, rock check dams, sediment fence or barriers, all forms of inlet protection, storm drainage facilities, energy dissipaters, and stabilization methods of open channels, that have initially been installed and do not significantly deviate (as defined in Sub-item (1)(e) of this Rule) from the locations, dimensions and relative elevations shown on the approved erosion and sedimentation plan. Such documentation shall be accomplished by initialing and dating each measure or practice shown on a copy of the approved erosion and sedimentation control plan or by completing, dating and signing an inspection report that lists each measure, practice or device shown on the approved erosion and sedimentation control plan. This documentation is required only upon the initial installation of the erosion and sedimentation control measures, practices and devices as set forth by the approved erosion and sedimentation control plan or if the measures, practices and devices are modified after initial installation;

b. The completion of any phase of grading for all graded slopes and fills shown

on the approved erosion and sedimentation control plan, specifically noting the location and condition of the graded slopes and fills. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion and sedimentation control plan or by completing, dating and signing an inspection report;

c. The location of temporary or permanent ground cover, and that the

installation of the ground cover does not significantly deviate (as defined in Sub-item (1)(e) of this Rule) from the approved erosion and sedimentation control plan. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion and sedimentation control plan or by completing, dating and signing an inspection report;

d. That maintenance and repair requirements for all temporary and permanent

erosion and sedimentation control measures, practices and devices have been performed. Such documentation shall be accomplished by completing, dating and signing an inspection report (the general storm water permit monitoring form may be used to verify the maintenance and repair requirements); and

e. Any significant deviations from the approved erosion and sedimentation

control plan, corrective actions required to correct the deviation and completion of the corrective actions. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion and sedimentation control plan or by completing, dating and signing an inspection



report. A significant deviation means an omission, alteration or relocation of an erosion or sedimentation control measure that prevents the measure from performing as intended.

2. The documentation, whether on a copy of the approved erosion and

sedimentation control plan or an inspection report, shall include the name, address, affiliation, telephone number, and signature of the person conducting the inspection and the date of the inspection. Any relevant licenses and certifications may also be included. Any documentation of inspections that occur on a copy of the approved erosion and sedimentation control plan shall occur on a single copy of the plan and that plan shall be made available on the site. Any inspection reports shall also be made available on the site.

3. The inspection shall be performed during or after each of the following phases of

a plan:

a. installation of perimeter erosion and sediment control measures; b. clearing and grubbing of existing ground cover; c. completion of any phase of grading of slopes or fills that requires provision of

temporary or permanent ground cover pursuant to N.C.G.S. 113A-57(2); d. completion of storm drainage facilities; e. completion of construction or development; and f. quarterly until the establishment of permanent ground cover sufficient to

restrain erosion or until the financially responsible party has conveyed ownership or control of the tract of land for which the erosion and sedimentation control plan has been approved and the agency that approved the plan has been notified. If the financially responsible party has conveyed ownership or control of the tract of land for which the erosion and sedimentation control plan has been approved, the new owner or person in control shall conduct and document inspections quarterly until the establishment of permanent ground cover sufficient to restrain erosion.

T. Performance Guarantee

The Planning and Development Director shall require security to assure performance of the conditions of the Erosion and Sedimentation Control Plan whenever the Planning and Development Director determines that the activity is in excess of one (1) acre or it is determined that the activity may result in significant off-site damage. 1. The Applicant shall be required to file with the Town a performance security or

bond with surety, cash escrow, letter of credit or other acceptable legal arrangement in an amount not less than five-hundred dollars ($500) nor more than five-thousand dollars ($5000) per acre of disturbed area as set forth in the erosion and sedimentation control plan. Said amount shall be deemed sufficient by the Planning and Development Director to cover all cost of protection or other improvements required for conformity with standards specified in this Ordinance.



2. Security shall be released when the Planning and Development Director has certified that all of the requirements of this chapter have been met. Release of security in approved phased developments, with approved phased erosion and sedimentation control plans, may be granted upon a phase-by-phase basis when each phase has been certified as meeting all requirements of this chapter.

Article 4: Applications and Permits Section 4.15 Dam Impoundment Draining Permit


Sec. 4.15 Dam Impoundment Draining Permit 4.15.1 Applicability

Draining of Dam Impoundments shall be allowed as outlined in Sec. 12.6, Draining of Impoundment Regulations, in accordance with the following procedures. Before the owner of any impoundment drains an impoundment, he shall first notify the Town's Watershed Administrator in writing not less than thirty (30) days prior to doing so, specifying the name of the impoundment, if any, the location of the impoundment, the surface area of the impoundment, and the size of the contributing drainage area. The owner or his agent shall not proceed with the draining without issuance of an impoundment draining permit from the Watershed Administrator.


A. An application for dam impoundment draining permit shall be made per the requirements of Sec. 4.2.3, Application Requirements, and shall at a minimum also contain the information listed below.

1. For impoundments either less than or equal to one-half (1/2) acre in surface area

at full pool, or receiving the surface water runoff from less than or equal to seventy-five (75) acres of contributing drainage area, or both (i.e., meeting both of the two foregoing criteria), the applicant shall submit a plan indicating the method to be used in draining the lake and the measures to be taken to prevent the release of sediment from the impoundment. Such plans shall also include the following:

a. A time schedule for completion of the draining. The time limit for draining the

impoundment shall not exceed sixty (60) days without written permission from the Watershed Administrator, unless the draining is of a permanent nature, and in such case all areas subject to erosion and sedimentation shall be permanently stabilized; and

b. Plans showing the specific measures to be taken to limit turbidity immediately downstream from the impoundment to fifty (50) NTUs at all times during and after draining.

2. For impoundments either more than one-half (1/2) acre in surface area at full

pool, or receiving the surface water runoff from more than seventy-five (75) acres of contributing drainage area, or both (i.e., meeting both of the two foregoing criteria), the applicant shall submit a plan prepared by a duly qualified registered North Carolina professional engineer, indicating the method to be used in draining the lake and the measures to be taken to prevent the release of sediment from the impoundment. Such plans shall also include the following:

a. A time schedule for completion of the draining. The time limit for draining the






impoundment shall not exceed sixty (60) days without written permission from the Watershed Administrator, unless the draining is of a permanent nature, and in such case all areas subject to erosion and sedimentation shall be permanently stabilized; and

b. Detailed plans and specifications sealed by a duly qualified registered North

Carolina professional engineer showing temporary erosion control measures, diversion measures, or other channel protection measures designed to protect against erosion and the loss of sedimentation at all times up to and including a ten-year storm, and to limit turbidity immediately downstream from the impoundment to fifty (50) NTUs at all times during and after draining.

3. The Watershed Administrator may submit any plans received under the foregoing

paragraphs (1) or (2) to the Town Engineer, to a consulting engineer having expertise in this field, or to the North Carolina Department of Environment and Natural Resources (DENR) for review and comment at the applicant's expense. The Watershed Administrator shall issue the impoundment draining permit only upon a determination that the plan is adequate to prevent the release of sediment from the impoundment and to limit turbidity immediately downstream from the impoundment to fifty (50) NTUs at all times during and after draining.

4. Such permit shall not relieve the applicant of the obligation to obtain whatever

state or federal permits are required under the law.

5. The applicant shall comply in all respects with the time schedules and approved plans.

6. The Watershed Administrator may also request the Town Engineer, qualified officials from the North Carolina Department of Environment and Natural Resources, or other qualified consultants or employees of the Town, to conduct turbidity monitoring downstream from the impoundment to ensure compliance with the plan submitted and approved. "Turbidity monitoring," as used herein, shall mean all testing, sampling, or other procedures or activities related to the determination of turbidity levels both upstream and downstream from impoundments. The Watershed Administrator may assess the costs of all turbidity monitoring to the applicant. The applicant shall allow access to all portions of the applicant's land necessary to accomplish any of the purposes of this Ordinance.

Article 4: Applications and Permits Section 4.16 Stormwater Management Permit


Sec. 4.16 Stormwater Management Permit 4.16.1 Performance Security for BMP Installation

A. Requirement The Stormwater Administrator, at his or her discretion, may require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in order to ensure that the structural BMPs are installed by the permit holder as required by the approved stormwater management plan and permit.

B. Amount

The amount of an installation performance security shall be the total estimated construction cost of the structural BMPs approved under the permit, plus twenty-five percent (25%).

C. Uses of Performance Security

1. Forfeiture Provisions. The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant or owner in accordance with this Ordinance, approvals issued pursuant to this Ordinance, or an Operations and Maintenance Agreement established pursuant to this Ordinance.

2. Default. Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any structural BMP in accordance with the applicable permit or Operations and Maintenance Agreement, the Stormwater Administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after requesting the owner to comply with the permit or Operations and Maintenance Agreement. In the event of a default triggering the use of installation performance security, the Town of Highlands shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

3. Costs in Excess of Performance Security. If the Town of Highlands takes action upon such failure by the applicant or owner, the Town of Highlands may collect from the applicant or owner the difference between the amount of the reasonable cost of such action and the amount of the security held, in addition to any other penalties or damages due.

4. Refund. Within sixty (60) days of the final approval, the installation performance security shall be refunded to the applicant or terminated, except any amount attributable to the cost (plus twenty-five percent [25%]) of landscaping, installation, and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall be inspected one (1) year after installation with replacement for compliance with the approved plans and specifications and,






if in compliance, the portion of the financial security attributable to landscaping shall be released.

4.16.2 Stormwater Permit, Plan Submittal and Review

A. Stormwater Permit

1. A stormwater permit is required for all development and redevelopment which disturbs one (1) acre or more and for all commercial development and redevelopment which creates more than eight thousand (8,000) square feet of new impervious area, unless exempt pursuant to this Ordinance. For all activities which are subject to this Ordinance, no person shall initiate, proceed, or undertake any land-disturbing or development activity for which a permit is required without first being issued a written stormwater control permit.

2. All required applications must be received and permits must be obtained prior to the start of the work. These may include, but are not limited to, Sec. 4.4, Subdivision Review; Sec. 4.14, Land-Disturbing Activity Permits; Article 16, Flood Damage Prevention Ordinance; Building Permits and Inspections; NCDOT; NC Division of Water Quality; US Army Corps of Engineers; and NCDENR-Dam Safety.

3. A stormwater permit shall govern the design, installation, and construction of stormwater management and control practices on the site including structural and non-structural BMPs and elements of site design for stormwater management.

4. The permit is intended to provide a mechanism for the review, approval, and

inspection of the approach to be used for the management and control of stormwater for development or redevelopment consistent with the requirements of this Ordinance, whether the approach consists of structural BMPs or other techniques such as low-impact or low-density design. The permit does not continue in existence indefinitely after the completion of the project; rather, compliance after project construction is assured by the maintenance provisions of this Section of this Ordinance.

5. The approval of the stormwater permit shall require an enforceable restriction on

the property usage that permanently runs with the land including but not limited to recorded drainage and utility easements and/or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved plans.

4.16.3 Stormwater Permit Application

A. Content

1. The Stormwater Administrator shall establish requirements for the content and form of all Stormwater Permit Applications and establish submittal checklists.

2. An application for stormwater permit shall be made per the requirements of Section 4.2.3, Application Requirements, and at a minimum, the stormwater



permit application shall describe in detail how post development stormwater runoff will be controlled and managed, the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of this Ordinance.

3. The submittal shall include all of the information required in the submittal checklists established by the Stormwater Administrator.

B. Preparer

The stormwater permit application and stormwater design plans pursuant to this Ordinance shall be prepared by a qualified registered North Carolina professional engineer or landscape architect and the engineer or landscape architect shall perform services only in their area of competence and shall verify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in the North Carolina Stormwater BMP Design Manual and other standards of the Town, and that the designs and plans ensure compliance with the requirements of this Ordinance.

C. Fees The Town’s Board of Commissioners shall establish permit review fees applicable to

the specific new development, or redevelopment. Additional permit reviews fees may be required for permit reviews that are contracted to another local government or private entity.

D. Schedule The Stormwater Administrator shall establish a submission and review schedule for

applications. The schedule shall establish deadlines by which complete applications must be submitted for the purpose of ensuring that there is adequate time to review applications and that the various stages in the review process are accommodated.

E. Submittal Applications shall be submitted to the Stormwater Administrator pursuant to the

application submittal schedule in the form established by the Stormwater Administrator, along with the appropriate fees established pursuant to this Ordinance.

1. An application shall be considered as timely submitted only when it contains all

elements of a complete application pursuant to this Ordinance, along with the appropriate fees. If the Stormwater Administrator finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application.

2. However, the submittal of an incomplete application shall not suffice to meet a

deadline contained in the submission schedule established above.

F. Review The Stormwater Administrator shall review the application for completeness and determine whether the application complies with the requirements of this Ordinance.



G. Approval If the Stormwater Administrator finds that the application complies with the requirements of this Ordinance, the Stormwater Administrator shall approve the application. The Stormwater Administrator may impose conditions of approval as needed to ensure compliance with this Ordinance. The conditions shall be included as part of the approval.

H. Effect of Approval Approval authorizes the applicant to go forward with only the specific plans and activity authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, state, and federal authorities. Proper design is the responsibility of the engineer or landscape architect who submits the plans irrespective of any approval of the Stormwater Administrator.

I. Time Limit/Expiration An approved plan shall become null and void if the applicant has failed to make substantial progress on the site within one year after the date of approval. The Stormwater Administrator may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan.

J. Failure to Comply If the Stormwater Administrator finds that the application fails to comply with the

requirements of this Ordinance, the Stormwater Administrator shall notify the applicant in writing and shall indicate how the application fails to comply. The applicant shall have an opportunity to submit a revised application.

K. Revision and Subsequent Review A complete revised application shall be reviewed by the Stormwater Administrator

after its re-submittal and shall be approved, approved with conditions, or disapproved. If a revised application is not re-submitted within thirty (30) calendar days from the date the applicant was notified, the application shall be considered withdrawn and a new submittal for the same or substantially the same project shall be required along with the appropriate fee for a new submittal.

L. Concept Plan and Pre-submittal Meeting

Before a Stormwater Permit Application is deemed complete, the Stormwater Administrator or developer may request a pre-submittal meeting on a concept plan for the stormwater management system to be utilized in the proposed development or redevelopment project. This pre-submittal meeting should take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post construction stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities, and potential approaches to stormwater management designs before formal site design engineering is commenced. To accomplish this goal, the following information should be included in the concept plan, which should be submitted in advance of the meeting:

1. Existing conditions / proposed site plans;

2. Natural resources inventory; and



3. Stormwater management system concept plan.

M. Enforceable Restrictions

The approval of the stormwater permit shall require enforceable restrictions on the property usage that permanently run with the land, including recorded easements, recorded deed restrictions, and protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved plans and permit.

4.16.4 Operations and Maintenance Agreement

A. Private Development Prior to the conveyance or transfer of any private lot or building site to be served by a

structural BMP pursuant to this Ordinance and prior to issuance of any permit for development or redevelopment requiring a structural BMP pursuant to this Ordinance, the applicant or owner of the site must execute an Operations and Maintenance Agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the completion of all structural BMPs and final approval of the Stormwater Administrator, the original owner or applicant shall have full responsibility for the provisions of the maintenance agreement. As property, sites, or lots are transferred in ownership the responsibility for carrying out the provisions of the Operations and Maintenance Agreement shall be shared on an equal basis based on an equitable distribution of the land to all owners.

B. Public Development BMPs that are constructed on public land or within public rights-of-way or within

public easements shall be maintained by the public body with ownership/ jurisdiction of the subject land or public rights-of-way according to standards set by this Ordinance and administered by the Stormwater Administrator.

C. Agreement Requirements A standard form of the Operations and Maintenance Agreement shall be developed

by the Stormwater Administrator and Town Attorney adequate to be used as the base agreement for all such maintenance agreements. The Operations and Maintenance Agreement shall require the owner or owners to maintain, repair, and, if necessary, reconstruct the structural BMP(s) and shall state the terms, conditions, and schedule of maintenance for the structural BMP(s). In addition, it shall grant the Town of Highlands a right of entry in the event that the Stormwater Administrator has reason to believe it has become necessary to inspect, monitor, provide maintenance, provide emergency repair, or reconstruct the structural BMP(s); however, in no case shall the right of entry, of itself, maintenance, emergency repair, or reconstruction confer an obligation on the Town of Highlands to assume responsibility for the ongoing operations and maintenance of the structural BMP(s).

The Operations and Maintenance Agreement must be approved by the Stormwater

Administrator prior to plan approval and it shall be referenced on the final plat and shall be recorded with the County Register of Deeds upon final plat approval. A copy of the recorded Operations and Maintenance Agreement shall be given to the Stormwater Administrator after being recorded.



D. Construction of Stormwater Management Measures Stormwater management facilities shall be constructed in accordance with approved

plans and maintained in proper working condition. The applicant or property owner is responsible for ensuring that the construction of stormwater drainage structures and stormwater management measures is completed in accordance with the approved plan and specifications.

Inspections which may be performed by the Town of Highlands during construction

will not relieve the applicant or property owner of the responsibility to install stormwater management and drainage facilities in accordance with the approved plan.

Revisions which affect the intent of the design or the capacity of the system shall

require prior written approval by the Stormwater Administrator.

4.16.5 As-Built and Final Plat Requirements Upon completion of a project and before a certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and shall submit actual “as built” plans for all stormwater management measures after final construction is completed.

The “as built” plans shall show the final structural configuration for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The engineer or landscape architect responsible for the design of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this Ordinance. A final inspection and approval by the Stormwater Administrator shall occur before the release of any performance securities as may be required.

4.16.6 Function of BMP(s) as Intended

The owner of each structural BMP installed pursuant to this Ordinance shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the structural BMP was designed. If upon inspection by the Stormwater Administrator, it is determined that structural BMPs are not being properly maintained by the owner or maintainer of public or private lands, a written report by the Stormwater Administrator outlining the needed corrective action shall be delivered to the owner or maintainer of public or private lands requesting corrective action. Failure to respond shall result in enforcement action according to Article 15, Inspections, Violations and Enforcement, of this Ordinance.

4.16.7 Annual Maintenance Inspections

Inspections shall be conducted as prescribed by the Operations and Maintenance Agreement. The person, association, or agency responsible for maintenance of any structural BMP installed pursuant to this Ordinance, shall submit to the Stormwater Administrator an annual inspection report from one of the following persons performing services only in their area of competence: a qualified registered North Carolina professional engineer or landscape architect; or person certified by the North Carolina



Cooperative Extension Service for stormwater treatment practice inspection and maintenance. The inspection report shall contain all of the following: A. The name and address of the land owner; B. The recorded book and page number of the plat showing all structural BMPs; C. A statement that an inspection was made of all structural BMPs; D. The date the inspection was made; E. A statement that all inspected structural BMPs are performing properly and are in

compliance with the terms and conditions of the approved Operations and Maintenance Agreement required by this Ordinance; and

F. Signature and seal of a registered engineer or landscape architect, or person

certified by the North Carolina Cooperative Extension Service for stormwater treatment practice inspection and maintenance.

All inspection reports shall be on standard forms developed by the Stormwater Administrator. An original inspection report shall be provided to the Stormwater Administrator beginning one (1) year from the date of the as-built certification and each year before the month and day of the as-built certification. If upon inspection it is determined that improvements need to be made prior to certification, improvements shall be made by the property owner to bring the structural BMP(s) back into compliance with the approved plans. After improvements are made and the certification is completed, the Stormwater Administrator may field verify that the site does comply with the approved plans.

Article 4: Applications and Permits Section 4.17 Sign Permit


Sec. 4.17 Sign Permit 4.17.1 Applicability

A. Certain signs shall be allowed without sign permits as

set forth in Article 13, Sign Standards. Signs requiring permits shall be allowed in accordance with the following procedures.

B. With the exception of outdoor advertising signs, any substantial change in the copy of a sign, such as change of the name of a business, shall require application for a new Sign Permit at the prevailing permit fee; no permit shall be issued in the event of such a change in copy unless the sign complies with the current provisions of this Ordinance.

4.17.2 Permanent Sign Application Requirements

An application for permanent sign permits shall be made per the requirements of Section 4.2.3, Application Requirements, and shall at a minimum also contain the information listed below.

A. The name of the owner of the sign and the property;

B. A drawing of the sign identifying its size and height;

C. A site plan indicating its location on the business premises and relation to any adjacent rights-of-way and method of illumination; and

D. Whatever other information the Planning and Development Director deems necessary to ensure compliance with these regulations.

4.17.3 Temporary Sign Application Requirements

Applies only to Sec. 13.5.1, Temporary Regulated Signs Requiring a Permit, Item C. An application for temporary sign permits shall be made per the requirements of Section 4.2.3, Application Requirements, except for additional requirements listed below for temporary signs for Planned Developments.

A. A permit shall be issued only upon proof of a building permit having been issued by the Macon County or Jackson County building department for the development of common or community facilities to include but not limited to entrance features, or other facilities relating to the overall development; or final plat approval by the Town of Highlands;

B. The term of the temporary sign permit shall be a period of three (3) years from

the date of issuance of the permit; and


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Article 4: Applications and Permits Section 4.18 Variances


C. A permit may be renewed for one additional two (2) year period by application to the Planning and Development Director.

Sec. 4.18 Variances 4.18.1 Administrative Variances

The following administrative variances are allowed per the requirements of these specific sections. All other variances are subject to Zoning Board of Adjustment Approval per the requirements of Sec. 4.18.2, Variances, to this Ordinance. A monthly list of variances and the reasons for the variances shall be added to the monthly zoning report to the Board of Commissioners.

A. Reduction of required parking up to twenty percent (20%). Sec 9.1, Off-Street Parking Requirements and Standards, Sec. 9.1.1, General, Item B.4, Exceptions.

B. Alternative parking or driveway surface material.

See Sec. 9.1.5, Paving, Striping and Signage, Item C, Alternative Surface.

C. Shared driveway. See Sec. 10.4.1, Driveway

Entrance Requirements, Item B, Shared Driveways.

D. Signs with angle projections up to forty-five degrees (45o). See Sec. 13.2.1,

Sign Standards Interpretations, Item B.


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4.18.2 Zoning Board of Adjustment Variances A. All applications for variances, other than

Administrative, shall be addressed and submitted to the Zoning Board of Adjustment and shall be delivered to the office of the Planning and Development Director. Upon receipt of an application for a variance, the Zoning Board of Adjustment shall call a public hearing and shall give notice, as outlined in Sec. 4.2.4, Notice and Public Hearings. Applications for a variance shall be made on the proper form obtainable from the Planning and Development Director and shall include the following information (some of these requirements may be waived as may be applicable, such as for changes of use in existing buildings involving no expansions in building or parking areas, etc.): 1. A Site Plan, including 12 copies and an

electronic copy, drawn to an appropriate scale and supporting information and text that specify the actual use or uses intended for the property. The site plan shall be neatly drawn, with north arrow, name and address of person who prepared the plan, date of the original drawing, and an accurate record of any later revisions. The following information must be provided on the site plan, if applicable:

a. Indicating the property lines of the parcel

upon which the use is proposed; b. The identity of neighboring properties; c. All adjacent streets, designated as public or

private; d. All existing or proposed structures, showing

setbacks to rights-of-way and property lines; e. Parking areas showing the number and arrangement of parking spaces and

driveway entrances; and f. Utilities and surface water drainage; and significant natural features, such as

wooded areas, streams, ponds, or marshes;

2. Elevations and a floor plan, indicating dimensions of the building, gross floor space, number of seats, or any other applicable information.

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Rec

Final Action ZBA / EMC



3. A complete and detailed description of the use proposed, together with any other pertinent information which the applicant feels would be helpful to the Zoning Board in considering the application.

B. Before the Zoning Board of Adjustment may grant a variance, it shall make the following three findings, which shall be recorded in the permanent record of the case, and shall include the factual reasons on which they are based:

1. There are practical difficulties or unnecessary hardships in the way of carrying

out the strict letter of the Ordinance. In order to determine that there are practical difficulties or unnecessary hardships, the Board must find that the five following conditions exist:

a. If he complies with the provisions of the Ordinance, the applicant can secure

no reasonable return from, nor make reasonable use of, his property. Merely proving that the variance would permit a greater profit to be made from the property will not be considered adequate to justify the Board in granting a variance. Moreover, the Board shall consider whether the variance is the minimum possible deviation from the terms of the Ordinance that will make possible the reasonable use of his property;

b. The hardship results from the application of the Ordinance to the property rather than from other factors such as deed restrictions or other hardship.

c. The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, which is different from that of neighboring property;

d. The hardship is not the result of the actions of an applicant who knowingly or unknowingly violates the Ordinance, or who purchases the property after the effective date of the Ordinance, and then comes to the Board for relief;

e. The hardship is peculiar to the applicant's property, rather than the result of conditions that are widespread. If other properties are equally subject to the hardship created in the restriction, then granting a variance would be a special privilege denied to others, and would not promote equal justice; and

2. The variance is in harmony with the general purpose and intent of the Ordinance

and preserves its spirit. That is, the applicant is not seeking to establish, to expand, or to extend in area a non-conforming use. Moreover, the existence of a non-conforming use in the same or in any other zoning district shall not constitute a reason for granting the requested variance.

3. In the granting of the variance, the public safety and welfare have been assured

and substantial justice has been done. The Board shall not grant a variance if it finds that doing so would alter the essential character of the neighborhood, materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, or general welfare.



C. In granting the variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purpose of this Ordinance.

D. The Zoning Board of Adjustment shall refuse to hear an appeal or an application for

a variance previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application.

E. A variance issued in accordance with this Section shall expire if a Zoning Certificate

or Certificate of Compliance and/or, in a Watershed Overlay District, a Watershed Protection Permit and a Watershed Protection Occupancy Permit is not obtained by the applicant for such use within six (6) months from the date of the decision.

F. If an application calls for the granting of a Major Variance as defined, the Zoning

Board of Adjustment shall hear the application in accordance with Sec. 4.18.2, Zoning Board of Adjustment Variances, and shall either deny or grant the application according to the same criteria defined therein. If the Board decides in favor of granting a major variance, such variance shall only become effective upon the approval of the North Carolina Environmental Management Commission, in accordance with the following procedure:

1. The Board shall prepare a preliminary record of the hearing with all deliberate

speed, and shall forward such record to the North Carolina Environmental Management Commission for its review. The preliminary record of the hearing shall include, at minimum, a. The variance application;

b. The hearing notices;

c. The evidence presented;

d. Motions, offers of proof, objections to evidence, and rulings on them;

e. Proposed findings and exceptions; and

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

permit.

2. If the North Carolina Environmental Management Commission concludes from the preliminary record that the variance qualifies as a major variance and that the property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted, and the variance, if granted, will not result in a serious threat to the water supply, then the North Carolina Environmental Management Commission shall approve the variance as proposed or approve the proposed variance with conditions and stipulations. The North Carolina Environmental Management Commission shall prepare a decision and send it to the Zoning Board of Adjustment.

3. If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that, the property owner can secure a



reasonable return from or make a practical use of the property without the variance or, the variance, if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the variance as proposed. The Commission shall prepare a decision and send it to the Zoning Board of Adjustment.

G. Appeals from the North Carolina Environmental Management Commission must be

filed with the Superior Court as a petition for writ of certiorari within thirty (30) days from the date of the decision.

4.18.3 Variances to Stormwater Management Regulations

A. Statutory Exceptions Notwithstanding Sec. 12.7.3, Applicability and Jurisdiction, Item D, Exemptions to Applicability, exceptions from the 30-foot WS-III and 50-foot WS-II landward location of built-upon area requirement of all perennial and intermittent surface waters as well as the deed restrictions and protective covenants requirements of Sec. 12.7.5, Stormwater Quality Design Standards, Item J, may be granted in any of the following instances:

1. When there is a lack of practical standard alternatives for a road crossing,

railroad crossing, bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to minimize disturbance, prevent contamination of surface waters, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs;

2. When there is a lack of practical implementation for standard stormwater treatment measures;

B. Alternative measures shall be located, designed, constructed, and maintained to minimize disturbance, prevent contamination of surface waters, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable;

C. The implementation of the alternative stormwater treatment measures shall not

disturb existing vegetation to the maximum extent possible.

D. Minor understory may be disturbed in order to accommodate these alternative measures. Trees and shrubs shall be placed to maximize screening where the encroachment causes negative visual impacts; and

E. When there is a lack of practical standard alternatives for utilities including, but not

limited to, water, sewer, electric, or gas construction including a maintenance corridor, the property owner shall locate, design, and construct the utility to minimize disturbance, prevent contamination of surface waters, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs. A lack of practical standard alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration, or density of the



proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in other adverse impact to surface waters.

Article 4: Applications and Permits Section 4.19 Appeals


Sec. 4.19 Appeals

4.19.1 Appeal of Administrative Decision to Zoning Board of Adjustment A. Types of Appeals

The Zoning Board of Adjustment shall hear and decide all appeals from requirements of this Ordinance and review any order, requirement, decision, or determination made by the Planning and Development Director and Stormwater Administrator. In deciding appeals, it may hear both those based upon an allegedly improper or erroneous interpretation of the Ordinance and those based upon alleged hardship resulting from strict interpretation of this Ordinance.

B. Procedure for Filing Appeals

1. No appeal shall be heard by the Zoning Board of Adjustment unless a written

notice of appeal is filed within ten (10) days after the interested party or parties receive notice of the order, requirement, decision, or determination by the Planning and Development Director and Stormwater Administrator. Appeals shall be made upon the form furnished for that purpose, and all information required thereon shall be complete before an appeal shall be considered as having been filed.

2. Appeals shall be addressed and submitted to the Zoning Board of Adjustment and shall be delivered to the office of the Planning and Development Director and Stormwater Administrator. All documents, pleadings, and transcripts or certified copies thereof, constituting the record upon which the action being appealed from was taken, shall forthwith be transmitted to the Zoning Board of Adjustment by the Planning and Development Director and Stormwater Administrator. Upon service of the notice of appeal, accompanied by the supporting documents, upon the Chairman or Vice-Chairman of the Zoning Board of Adjustment, the Board shall forthwith fix a date within a reasonable time thereafter for the hearing of the appeal or for a hearing upon any other matter properly referred to it; the Zoning Board of Adjustment shall call a public hearing as outlined in Sec. 4.2.4, Notice and Public Hearings, shall give due notice thereof to the parties in interest, and render a decision upon the same within a reasonable time after the hearing. At the hearing, any party may appear in person or be represented by his authorized agent or attorney.

C. The decision of the Zoning Board of Adjustment shall be filed in the office of the Planning and Development Director or the Stormwater Administrator, and a copy shall be mailed by registered, certified mail return receipt requested, to every party who has filed a request for such copy with the Secretary or Chairman of the Zoning Board of Adjustment at the time of the hearing of the case. The mailing address of such requestor shall be set forth on such request.

4.19.2 Appeal of Land Disturbance Permit Decision to Board of Commissioners

A. Land-disturbing Activities Plan and Permit Appeals

Except as provided in item 5 below, the appeal of a disapproval or approval with modifications of a plan, and the denial of an application for a land-disturbing permit,

Article 4: Applications and Permits Section 4.19 Appeals


(all being referred to herein as a "rejection") shall be governed by the following provisions:

1. A rejection by the Town shall entitle the person submitting the plan to a public

hearing if such person submits to the Town a written demand for a hearing within fifteen (15) days after receipt of written notice of the rejection;

2. A hearing held pursuant to this section shall be conducted by the Town's Board

of Commissioners within twenty (20) days after the date of the submission of the written demand for a hearing;

3. The Town's Board of Commissioners will render its final decision on any plan

within twenty (20) days of the public hearing; 4. If the Town upholds the rejection following the hearing, the aggrieved person

shall then be entitled to appeal the Town's decision to the North Carolina Sedimentation Control Commission as provided in N.C.G.S. section 113A-61(c) and 15A NCAC 4B .0118(d); and

5. In the event that a plan is disapproved pursuant to Sec. 4.14.4, Erosion and

Sedimentation Control Plan Requirements, Item J, Deadline for Decisions on Revised Plans, the applicant may appeal the Town's disapproval of the plan directly to the North Carolina Sedimentation Control Commission.

4.19.3 Appeal of Zoning Board of Adjustment Decision

Appeals from the Zoning Board of Adjustment shall be taken to the appropriate court of record within thirty (30) days as provided in N.C.G.S. 160A-388(e2).

4.19.4 Appeal of Board of Commissioners Zoning Decisions

Appeals from legislative zoning decisions by the Board of Commissioners shall be to the appropriate court of record within sixty (60) days as provided for in N.C.G.S. 1-54.1.

Article 4: Applications and Permits Section 4.20 Expiration or Extensions


Sec. 4.20 Expiration or Extensions Certain permits do expire within a fixed time frame. Unless otherwise specified in this Ordinance or as provided for by State law, any order or decision or the Zoning Board of Adjustment granting an exception, Special Use Permit, conditional use zoning permit, or a variance shall expire if a building permit or certificate of occupancy for such use is not obtained by the applicant within six (6) months from the date of the decision. 4.20.1 Table

Procedure Expiration Extension Process Notes

Preliminary Plat One Year One Time, One Year

Request to BOC Sec. 4.4.5.E

Conditional Zoning w/ Site Specific Development Plan Two Years

Up to Five Years

Vested Rights Determination Sec. 4.21.1

Special Use Permit – if Zoning Certificate or Certificate of Compliance not obtained

Six Months after date of

issuance No Void Upon Expiration Sec. 4.6.5

Special Use Permit – if Zoning Certificate or Certificate of Compliance obtained but work discontinued

Twelve months No

Void Upon Expiration Sec. 4.6.5

Special Use Permit w/ Site Specific Development Plan Two Years

Up to Five Years

Vested Rights Determination Sec. 4.21.2

Zoning Certificate / Watershed Protection Permit – no work commenced

Six Months after date of

issuance No Void Upon Expiration Sec. 4.7.2.D

Zoning Certificate / Watershed Protection Permit – work commenced then discontinued

Twelve Months No

Void Upon Expiration Sec. 4.7.2.D

Erosion and Sed. Control Plan Not to Exceed Three Years No

Void Upon Expiration

Sec. 4.14.4.C

Dam Impoundment Draining Permit Sixty Days Yes

Written Permission

from Watershed

Admin Sec. 4.15.2. A.1.a & 2.a

Stormwater Management Permit One Year One Year, One Time

Request to Stormwater

Admin. Sec.

4.16.3.I

Sign Permit – Temporary Sign for Planned Development Three Years

One Time, Two Years

Request to Plan & Dev.

Dir. Sec.

4.17.3.A.3 Variance – ZBA, where no Zoning Certificate / Watershed Protection Permit or Certificate of Compliance / Watershed Protection Occupancy Permit Six Months No

Void Upon Expiration

Sec. 4.18.2.E

Article 4: Applications and Permits Section 4.21 Statutory Vested Rights Determination


Sec. 4.21 Statutory Vested Rights Determination

4.21.1 Establishment of a Vested Right for Conditional Use Zoning District An approved Conditional Zoning District accompanied by a Site Specific Development Plan establishes vested rights pursuant to N.C.G.S. Section 160A-385.1 for the period of two years from the date of approval by the Board of Commissioners, except that such vested rights may be altered as allowed by N.C.G.S. Section 160A-385.1(e). Vested rights shall remain effective beyond the end of the period of time established pursuant to this Section for any buildings or uses for which a valid building permit has been issued during the vested rights period, so long as such building permit is valid.

4.21.2 Establishment of a Vested Right for Special Use Permits A. An applicant for a Special Use Permit may also apply to establish a "vested right" in

accordance with N.C.G.S. 160A-385.1. Such vested right shall confer upon the property owner the right to undertake and complete the development and use of the property under the terms and conditions of the Special Use Permit issued in conjunction therewith, and shall preclude any zoning action of the Town of Highlands which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in said Permit. The establishment of a vested right shall not preclude, however, the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use; nor shall it preclude the application of ordinances or regulations that are general in nature and are applicable to all property subject to land-use regulation by the Town of Highlands, such as the North Carolina State Building Code. Otherwise, any applicable new or amended regulation shall become effective with respect to property for which a vested right has been established only upon the expiration or termination of the vested right in accordance with paragraph (C) of this Section.

B. In order to establish a vested right, an applicant shall submit a "Site Specific

Development Plan" as defined by Section 4.6.2, Procedure, of this Ordinance. Each map, plat, site plan, or other document submitted evidencing a site specific plan shall contain the following notation: "APPROVAL OF THIS PLAN ESTABLISHES A VESTED RIGHT UNDER N.C.G.S. 160A-385.1. UNLESS TERMINATED AT AN EARLIER DATE, THE ZONING VESTED RIGHT SHALL BE VALID UNTIL (DATE)"

C. A right which has been vested shall remain vested for a period of two (2) years, and shall not be extended by any amendment or modification of the site specific plan approved by the Board. Notwithstanding Sec. 4.6.5, Expiration of Special Use Permits, the Special Use Permit issued in conjunction with the vested right shall be valid during this entire period of time. A right which has been vested, together with the Special Use Permit which has been issued in conjunction therewith, shall expire or terminate as follows:

1. At the end of the applicable vesting period with respect to buildings and uses for

which no valid Zoning Certificate applications have been filed; 2. With the written consent of the affected property owner; 3. Upon findings, by Ordinance and after notice and a public hearing as outlined in

Sec. 4.2.4, Notice and Public Hearings, that natural or man-made hazards on or

Article 4: Applications and Permits Section 4.21 Statutory Vested Rights Determination


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 in accordance with said Permit;

4. To the extent that the affected property owner receives 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 of said Permit, together with interest thereon at the legal rate until paid, but not including any diminution in the value of the property which is caused by such action;

5. Upon findings, by Ordinance and after notice and a public hearing on it as

outlined in Sec. 4.2.4, Notice and Public Hearings, that the property owner or his representative intentionally supplied inaccurate information or made material misrepresentations which affected the approval by the Zoning Board of said Permit; and

6. Upon the enactment or promulgation of a State or federal law or regulation which precludes development as contemplated in said Permit, in which case the Zoning Board may modify the affected provisions upon a finding, by Ordinance and after notice and a public hearing on it as outlined in Sec. 4.2.4, Notice and Public Hearings, that the change in State or federal law has a fundamental effect on the Permit.

D. In all other respects, the provisions of this Ordinance governing application for a

Special Use Permit shall apply to the establishment of a vested right. Specifically, no vested right may be established except upon the calling of a public hearing and giving of notice required as outlined in Sec. 4.2.4, Notice and Public Hearings. The Zoning Board may also, in conjunction with the Special Use Permit issued together with the vested right, designate additional conditions and requirements in connection with the application in accordance with Sec. 4.6.3, Additional Conditions as to Use. Nothing in this Section shall exempt the site specific plan from subsequent review by the Zoning Board to ensure compliance with the terms and conditions of the original approval, provided that such review is not inconsistent with the original approval. Nothing in this chapter shall prohibit the revocation of the original approval in accordance with Sec. 4.6.4, Sanctions, nor exempt the property owner from the penalties and remedies provided for in Article 15, Inspections, Violations and Enforcement.

Article 5: Zoning Districts


Sec. 5.1 General 5.1.1 District Establishment

For the purpose of this Ordinance, the area within the jurisdiction of this Ordinance is divided into the following designated use districts:

5.1.2 District Boundaries

Boundaries of the use districts are as shown on the Zoning Map, as it may be amended from time to time.

5.1.3 Interpretation of District Boundaries A. Unless otherwise indicated upon the zoning map, district boundary lines shall follow:

1. The municipal corporate limits or the limits of the jurisdiction of this Ordinance,

whichever may encompass a larger area; 2. The center lines of streets, stream beds, ridge lines; or 3. Lot lines as established on the map of the Town as recorded in Plat Book 1, on

Page 104, and Plat Book 1, on Page 141 (“The Kelsey Map”), of the Macon County Registry, or with the lot lines of any parcel of land now defined among the Macon County public records.

B. Where district boundaries are not clearly indicated on the Zoning Map, the same shall be located on the ground by use of a scale upon the Zoning Map or, alternately, by appeal to the Board of Adjustment.

C. Where uncertainty exists as to the boundaries of any Watershed Overlay District, as shown on the Zoning Map, the foregoing rules shall apply.

IDENTIFIER DESCRIPTION NOTES: Residential Districts R-1 R-1 Residential District Sec. 5.2.1 R-2 R-2 Residential District Sec. 5.2.2 R-3 R-3 Residential District Sec. 5.2.3 Commercial Districts B-1 B-1 Business District Sec. 5.3.1 B-2 B-2 Business District Sec. 5.3.2 B-3 B-3 Business District Sec. 5.3.3 B-4 B-4 Business District Sec. 5.3.4 Other Nonresidential Districts GI Governmental/Institutional District Sec. 5.4.1 Conditional Use Zoning CUD The underlying use district followed by “CUD” Sec. 5.5.1 Overlay Districts WS-II-CA WS-II-CA Watershed Overlay District Sec. 5.6.3.A WS-II-BW WS-II-BW Watershed Overlay District Sec. 5.6.3.B WS-IIl-CA WS-IIl-CA Watershed Overlay District Sec. 5.6.3.C WS-IIl-BW WS-IIl-BW Watershed Overlay District Sec. 5.6.3.D

Article 5: Zoning Districts Section 5.2 Residential District Intent Statements


5.1.4 General Regulations The general use regulations for each district are set forth in Article 6. Other requirements and standards are found elsewhere in this Ordinance. In addition to the permissible uses authorized within designated districts, the construction, installation, or operation of facilities necessary to furnish public utility services or municipal services by the Town or by any public utility company serving or franchised to serve the community shall be permitted in every district.

Sec. 5.2 Residential District Intent Statements

5.2.1 R-1 Residential District The R-1 Residential District is exclusively a low-density residential district for single-family dwellings with customary accessory outbuildings, together with such other related uses which are of a residential character or contribute to the residential character of the district.

5.2.2 R-2 Residential District

The R-2 Residential District is a medium-density residential district for single-family dwellings, with customary accessory outbuildings, including manufactured homes and home occupations, together with such other related uses which are of a residential character or contribute to the residential character of the district. Tourist homes and private schools are permitted as Special Uses.

5.2.3 R-3 Residential District

The R-3 Residential District is a high-density residential district for single-family dwellings, with customary accessory outbuildings, including home occupations, together with such other related uses which are of a residential character or contribute to the residential character of the district. Multi-family dwellings are permitted as a Special Use.

Sec. 5.3 Commercial District Intent Statements 5.3.1 B-1 Business District

The B-1 Business District is the central business area and is primarily a "walking district" for specialized retail use, office, and incidental apartments. Places of assembly such as restaurants, auction houses, and theaters are permitted as Special Uses.

5.3.2 B-2 Business District

The B-2 Business District is the business area immediately adjacent to the B-1 Business District, accessible both by walking and by automobile, and primarily for retail, office, and incidental apartments. Restaurants, hotels, service stations, and similar uses are permitted as Special Uses.

5.3.3 B-3 Business District

The B-3 Business District is the outlying business area along the main highways, accessible primarily by automobile, for larger retail uses such as shopping centers, office, and incidental apartments. Motels, restaurants, service stations, and uses such as storage warehouses, auto sales, and heavy machinery storage are permitted as Special Uses.

Article 5: Zoning Districts Section 5.3 Commercial Zoning District Intent Statements


5.3.4 B-4 Business District The B-4 Business District is a light commercial business district, located close to the central business districts in Town, and serving as a "buffer zone" between the B-3 Business District and residential areas. It includes small, low-impact, light commercial uses such as professional offices and gift shops.

Sec. 5.4 Other Nonresidential District Intent Statements

5.4.1 GI Governmental/Institutional District

The GI Governmental/Institutional District includes property owned by governmental entities, such as the Town of Highlands and Macon County or property owned by nonprofit visual art organizations as defined by IRS Code Section 501(c)(3). It includes the Town Warehouse site; the Community Building and Town Ball Park; the Recreation Park and Wastewater Treatment Plant; the block containing the Town Hall, Highlands Community Playhouse, Fire Department, Police Department/Macon County EMT buildings; the Highlands School property; the Bascom-Louise Gallery property; and any other such properties which may hereafter be designated for similar uses.

Sec. 5.5 Conditional Zoning Districts Intent Statements

5.5.1 Purpose

A. There are land uses of such nature that rezoning a property to a general use district designation that permits such a use(s) by right may not be appropriate for a particular property. The review process established by this section provides for the accommodation of such uses by permitting reclassification of a property into a "parallel" conditional zoning district in which site plans and individualized development conditions are imposed to ensure compatibility of the proposed use with the use and enjoyment of neighboring properties.

B. A parallel conditional zoning district is a zoning district in which the permitted uses

are of the same character or type, except as modified by the legislative decision creating the parallel district, as the uses permitted in the corresponding general use district having the same designation or name. Thus, a parallel conditional zoning district shall be identified by the same designation as the underlying general use district followed by the letters "CZ", example: "R-3 (CZ)". Following adoption of a conditional zoning district, the subject property shall be identified on the Zoning Map by the appropriate conditional zoning district designation.

C. Due consideration shall be given to the allocation of suitable areas for parks,

playgrounds, schools, or other facilities to be dedicated for public use.

Sec. 5.6 Watershed Protection Overlay District

5.6.1 Purpose No activity, situation, structure, or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety, and welfare. Such conditions may arise from inadequate on-site sewage systems which utilize ground

Article 5: Zoning Districts Section 5.6 Watershed Protection Overlay District


absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the absence or improper implementation of a spill containment plan for toxic and hazardous materials; the improper management of stormwater runoff; or any other situation found to pose a threat to water quality.

5.6.2 Rules

A. The provisions of this Ordinance relating to Watershed Protection Rules shall apply within the areas designated as a Public Water Supply Watershed by the N.C. Environmental Management Commission within the corporate limits of the Town of Highlands, as defined and established on the Zoning Map as Watershed Overlay Districts. When provisions of the Watershed Overlay District conflict with or are inconsistent with the provisions of the underlying zoning district, the more restrictive of the two conflicting provisions shall apply.

B. Any land which is subdivided in accordance with these subdivision regulations, and

which is also located, in whole or in part, within any watershed classified as a surface water supply, shall conform to the standards of the North Carolina Water Supply Watershed Protection Act (G. S. 142-214.5, et. seq.).

C. In addition to the use regulations set forth in Article 6 of this Ordinance, the

dimensional and density standards set forth in Sec. 8.4, Watershed Overlay District, and the Town Code Book Sec. 6.5-40, Boat Docks & Boat Houses, shall apply in the Watershed Overlay Districts.

5.6.3 Establishment

The following four Watershed Overlay Districts shall be established for lands within the public water supply watersheds. A. WS-II-CA Watershed Overlay District

The WS-II-CA Watershed Overlay District is an overlay district located within the Critical Area of a Public Water Supply Watershed designated WS-II by the N.C. Environmental Management Commission in order to maintain a predominately undeveloped land use intensity pattern.

B. WS-II-BW Watershed Overlay District

The WS-II-BW Watershed Overlay District is an overlay district located within the Balance of the Watershed II and includes that portion of the watershed outside the Critical Area of a Public Water Supply Watershed designated WS-II by the N.C. Environmental Management Commission to maintain a low to moderate land use intensity pattern.

C. WS-III-CA Watershed Overlay District

The WS-III-CA Watershed Overlay District is an overlay district located within the Critical Area of a Public Water Supply Watershed designated WS-III by the N.C. Environmental Management Commission in order to maintain a low to moderate land use intensity pattern.

Article 5: Zoning Districts Section 5.6 Watershed Protection Overlay District


D. WS-III-BW Watershed Overlay District

The WS-III-BW Watershed Overlay District is an overlay district located within the Balance of the Watershed III and includes that portion of the watershed outside the Critical Area of a Public Water Supply Watershed designated WS-III by the N.C. Environmental Management Commission in order to maintain a low to moderate land use intensity pattern.

Article 6: Use Regulations


Sec. 6.1 Use Categories The following standards shall apply to all permitted uses, special uses, and limited uses as set forth in Sec. 6.2, Use Table. 6.1.1 General

The use categories of the Town, including principal uses, are set forth below: Use Categories Principal Uses Notes Residential Household Living Sec. 6.3 Public and Civic Outdoor Recreation / Entertainment

Places of Worship Educational, Research and Nonprofit

Facilities Government Buildings

Sec. 6.4

Commercial Indoor Recreation / Entertainment Overnight Accommodations Retail, Service or Wholesale Business Restaurants Professional Office or Studio Industrial

Sec. 6.5

Wireless Communication Wireless Communication Facilities Sec. 6.6 A. Approach to Categorizing Uses

1. Specific uses, principal uses and accessory uses may be further defined in,

Section 2.3, Definitions. 2. Use categories classify land uses and activities based on common function,

product or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. The use categories provide a systematic basis for assigning land uses to appropriate zoning districts.

B. Principal Uses

The “Principal Uses” portion of each use category lists principal uses typical to that use category, based upon common meaning of the names.

C. Principal Use Not Specifically Listed Any use not specifically set forth in the use categories is expressly prohibited unless the Planning and Development Director determines that the use is similar to a permitted use of the Town. Where such similar permitted use is subject to limited use standards or special use approval, the proposed use shall also be subject to such standards or approval. The criteria below shall be used to determine both the appropriate category for a use not specifically listed in the Use Table and whether a use is considered principal or accessory. 1. The actual or projected characteristics of the activity in relationship to the

characteristics of each use category;

Article 6: Use Regulations Section 6.1 Use Categories


2. The relative amount of site area or floor space and equipment devoted to the activity;

3. Relative amount of sales from each activity;

4. The customer type for each activity;

5. The relative number of employees in each activity;

6. Hours of operation;

7. Building and site arrangement;

8. Types of vehicles used and their parking requirements;

9. The relative number of vehicle trips generated;

10. Signs associated with the use;

11. How the use is advertised;

12. The anticipated impact on surrounding properties;

13. Whether the activity is likely to be found independent of the other activities on the

site; and

14. The district intent statement in Article 5, Zoning Districts.

D. Accessory Uses “Accessory Uses” are allowed by right in conjunction with a principal use in a specific Zoning District unless otherwise stated in these regulations. Some listed accessory uses may also be considered accessory structures. No accessory use may be established on a site without a principal use.

Article 6: Use Regulations Section 6.2 Use Table


Sec. 6.2 Use Table 6.2.1 Key

A. Types of Uses

1. Permitted (P). A “P” in the use tables indicates that a use is allowed by right in

the respective district. Such uses are subject to all other applicable requirements of this Ordinance.

2. Special (S). An “S” in the use tables indicates that a use is allowed only by a

Special Use Permit, provided that the use meets the additional requirements imposed by the reference sections in the “Notes” column of the table. Such uses are subject to all other applicable requirements of this Ordinance.

3. Limited (L). An “L” indicates that a use shall be permitted by right, provided that

the use meets the additional requirements imposed by the referenced sections in the “Notes” column of the table. Such uses are subject to all other applicable requirements of this Ordinance.

4. Not Allowed (Blank Cell). A blank cell in the Use Table indicates that a use is

not allowed in the respective district. 6.2.2 Use Table

On the following pages.



KEY: "P" = PERMITTED "S" = SPECIAL "L" = LIMITED BLANK CELL = NOT ALLOWED

RESIDENTIAL NONRESIDENTIAL

USE CATEGORY SPECIFIC USE R-1

R-2

R-3

B-1

B-2

B-3

B-4

GI NOTES:

RESIDENTIAL USES

HOUSEHOLD LIVING

Single-family dwellings detached P P P P P P P Sec. 6.3.1.A

Modular homes P P P P P P P Sec. 6.3.1.B

Manufactured homes L L Sec. 6.3.1.C

Multi-family dwellings S Sec. 6.3.2

ACCESSORY USES

Customary accessory outbuildings L L L L L L L Sec. 6.3.3.A

Storage outbuildings on vacant lots L Sec. 6.3.3.B

Fences L L L L L L L L Sec. 6.3.3.C

Exterior Residential Security & Area Lighting L L L L L L L L

Sec. 6.3.3.D

Camping trailer, motor home, or similar recreational vehicle L L L

Sec. 6.3.3.E

Customary incidental home occupations L L L L L

Sec. 6.3.3.F

PUBLIC AND CIVIC USES

OUTDOOR RECREATION /

ENTERTAINMENT

Parks and playgrounds P P P P P P P Sec. 6.4.1

Golf and tennis clubs P P Sec. 6.4.2

PLACES OF WORSHIP Churches and other places of public worship S S S S S S S S Sec. 6.4.3

EDUCATIONAL, RESEARCH AND

NONPROFIT FACILITIES

All state-owned research and education-related institutions including new construction and additions to existing buildings S S

Sec. 6.4.4.A

Private schools S S S S Sec. 6.4.4.B

Day care centers S S S Sec. 6.4.4.C

Public schools P Sec. 6.4.4.D

Nonprofit visual art centers S Sec. 6.4.5 GOVERNMENT

BULDINGS Government buildings of any kind P P P Sec. 6.4.6






R-2

R-3

B-1

B-2

B-3

B-4

GI NOTES:

COMMERCIAL ACCESSORY USES Fences L L L L L L L L Sec. 6.5.2

Exterior Commercial Lighting L L L L L L L L Sec. 6.5.3

Outdoor display of merchandise L L L L Sec. 6.5.4 Incidental apartments L L L L Sec. 6.5.5

INDOOR RECREATION / ENTERTAINMENT

Indoor theaters, dance halls, skating rinks, bowling alleys and similar activities S S S Sec. 6.5.6 Private social clubs S S S Sec. 6.5.7 Adult Establishments S Sec. 6.5.8

OVERNIGHT ACCOMMODATIONS

Hotels and motels S S Sec. 6.5.9 Tourist homes (bed and breakfast) S S S S Sec. 6.5.10

RETAIL, SERVICE OR WHOLESALE BUSINESSES

Art galleries, bakeries, clothing stores, delicatessens, flower shops, and other small gift or novelty shops P P P P Sec. 6.5.11 Auction houses, drug stores, garden supply centers, and hardware stores P P P Sec. 6.5.11 Pet shop provided they have no outdoor facilities P P P Sec. 6.5.11 Veterinaries, kennels, or animal shelters provided they have no outdoor facilities P Sec. 6.5.11 Banks and similar financial institutions, barber shops, beauty shops, libraries, and museums. Only banks are allowed drive-thru windows and access lanes. P P P P Sec. 6.5.11 Laundry and dry cleaning establishments, newspaper offices, repair shops, and small woodworking, cabinet, or similar shops having motor-driven tools P P P Sec. 6.5.11






R-2

R-3

B-1

B-2

B-3

B-4

GI NOTES:

COMMERCIAL cont.

RETAIL, SERVICE OR WHOLESALE BUSINESSES, Cont.

All new commercial construction, additions to existing commercial buildings, and remodeling of existing commercial buildings which would result in an increase in the number of business occupants in the buildings S S S S Sec. 6.5 Arts and crafts fairs, flea markets, and other similar transient retail businesses S S Sec. 6.5.9 Supermarkets P P P P Sec. 6.5.9 Automotive and heavy machinery sales and service centers or stations S Sec. 6.5.9 Service or fuel stations S Sec. 6.5.9

Brewpubs P S S Sec. 6.5.11 A Microbreweries S Sec. 6.5.11 A

RESTAURANTS Restaurants P S S Sec. 6.5.12 PROFESSIONAL

OFFICES Any professional office or studio P P P P Sec. 6.5.13






R-2

R-3

B-1

B-2

B-3

B-4

GI NOTES:

COMMERCIAL cont.

INDUSTRIAL

Self-service storage facilities S Sec. 6.5.14 Outdoor storage yards containing materials for sale for businesses such as building supply centers, lumber yards, and hardware stores L L Sec. 6.5.15 Flammable liquid, toxic or hazardous materials storage facilities S Sec. 6.5.16

ELECTRONIC GAMING OPERATIONS

Includes internet sweepstakes, internet sweepstakes café, video sweepstakes, or cybercafés, which have a finite pool of winners S S S S S S S S Sec. 6.5.17

WIRELESS COMMUNICATION FACILIITES

Wireless Communication Facilities S S S S S S S S Sec. 6.6

Article 6: Use Regulations Section 6.3 Residential Uses


Sec. 6.3 Residential Uses

6.3.1 Single-family Dwelling Single-family Dwellings in the Town shall be permitted in accordance with Sec. 6.2, Use Table, subject to the following standards: A. Single-family dwelling shall include both single family detached dwellings on

individual lots held in fee-simple and single-family detached condominiums. B. Modular homes are allowed where ever single-family dwelling detached use is

allowed. Modular homes shall expressly exclude manufactured homes. C. Manufactured homes, as defined by this Ordinance, are allowed as a regulated use

for single-family dwelling detached, provided they have been constructed after July 1, 1976. All of the following conditions shall apply:

1. Lot dimensional standards shall be the same as for single-family detached in the

applicable district; 2. The unit is occupied by persons owning the land on which the unit is located. 3. The tongue, axles, removable towing apparatus, and transporting lights are

removed after final placement on the site; 4. A continuous, permanent masonry curtain wall or foundation, unpierced except

for ventilation and covered access, is installed under the unit; 5. The finished width of the base unit is not less than twenty-four (24) feet; 6. The pitch of the roof has a minimum vertical rise of one foot for each four feet of

horizontal rise (1:4) and the roof is finished with shingles; 7. The exterior siding consists predominantly of horizontal or vertical vinyl,

aluminum, wood, or hardboard siding; and 8. The unit shall exceed forty (40) feet in length.

6.3.2 Multi-family Dwelling

Multi-family Dwellings in the Town may be permitted in accordance with Sec. 6.2, Use Table, with the issuance of a Special Use Permit, including the following additional requirements: A. Multi-family shall apply to the erection of multi-family buildings and to the conversion

of existing buildings from non-residential to residential multi-family use. Multi-family dwellings, including apartments, except incidental apartments as defined in Sec. 6.5.5, Incidental Apartments, all condominiums except single-family detached condominiums, cooperatives, single family attached and any other legally recognized form of ownership for similar dwellings, in accordance with the specific requirements of this Ordinance.



B. Whenever the term "construction" or "erection" occurs within this Section, the context shall include the conversion of existing buildings to multi-family use.

C. An owner of a parcel may dedicate a portion thereof to multi-family purposes without dedicating the entire parcel if the portion qualifies for multi-family use within the requirements of this Ordinance.

D. When a new multifamily building is constructed, it shall be the responsibility of the property owner to construct the sidewalks designated on the Town of Highlands Master Sidewalk Plan that adjoin his/her property in conformance with the Master Sidewalk Plan and related ordinances. See also Sec. 10.5.1, Sidewalks.

6.3.3 Residential Accessory Uses and Structures

Residential Accessory Uses and Structures in the Town shall be permitted in accordance with Sec. 6.2, Use Table, subject to the following standards: A. Customary Accessory Outbuildings

Appurtenant to single-family dwellings such as private garages, non-commercial buildings such as greenhouses and workshops.

B. Storage Outbuildings on Vacant Lots

Storage outbuildings of tractors, lawnmowers, and similar equipment for the care or cultivation of property may be constructed on vacant lots subject to issuance of a Zoning Certificate.

C. Fences and Walls

1. Fences or walls shall be no greater than eight (8) feet in height behind the front building setback line.

2. Fences and/or walls are strongly discouraged within the front building setback line. However, if fences or walls are built within the building setback line, the following standards shall apply:

a. 4 feet height maximum for fences or walls. b. A minimum setback distance of 12 feet from the travel way or the edge

of pavement is required. No fence or wall shall be constructed in the right-of-way.

c. Acceptable building materials include wood, ornamental iron, aluminum, brick or stone.

d. Unacceptable and prohibited materials include chain link, plywood, particle board, plastic mesh, chicken wire, barbed wire, non-veneered concrete blocks, or sheet metal.

e. Fences or walls may not block the required sight triangle at intersections.

f. Exposed framing for a single-sided fence must face the interior of the property.

g. Landscaping (vegetative screening) shall be required on the street side of any front yard fence or wall.

h. Any fence constructed shall be stained or painted with a color on the Town of Highlands Approved Color Chart.



Permit (Zoning Certificate) Required Prior to the construction of any fence or wall in a front yard or along a street side yard, an application for a zoning certificate, including a site plan, shall be submitted to the Town for staff review. Upon approval, a zoning certificate will be issued. *Note: In specific cases, due to topographical factors, the Zoning Administrator may approve a fence within the 12 foot setback, if all other requirements can be met. Maintenance All fences and walls and other visual physical improvements shall be maintained in a safe condition, free of graffiti, and in good appearance. Exemptions A. Retaining walls B. Recreation Facilities (tennis courts, etc.)

D. Exterior Residential Security & Area Lighting The purpose of this section is to provide direction in controlling exterior lighting so as to enhance the areas being lit and not adversely affect motorists, pedestrians, and adjacent properties. Lighting intensities should be controlled to assure that light spillage and glare are not directed at adjacent properties, neighboring areas, motorists, or the sky. Exterior lighting shall be integrated with the architectural character of the building. Downcast, fully shielded, or cut-off type lighting fixtures shall be used to illuminate pedestrian or traffic circulation corridors and signage.

1. Standards for Exterior Residential Security & Area Lighting All exterior residential security & area lighting shall conform to the following standards:

a) Outdoor lighting shall be designed, located and mounted at heights no

greater than 27 feet above grade (including a base maximum height of 2 feet) for fully shielded, cut-off lights.

b) All lighting poles on residential property must be located at least 10 feet from property lines defining rear and side yards.

c) The maximum light level shall be 0.3 maintained foot-candles at any property line in a residential area, and 2.0 maintained foot-candles at any street right-of-way.

d) Fixtures should be placed to provide uniform distribution of light and to avoid intense lighting that produces excessive glare.

e) Light fixtures used to light building and landscaping shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building facade, plantings, or other site features and away from adjoining properties, the sky, and the street right-of-way.

2. Outdoor Recreational Lighting

Because of their unique requirements for nighttime visibility and limited hours of operation, the lighting of active recreation areas, such as ball fields and tennis courts, are not considered in the Section. Lighting conditions for such

Article 6: Use Regulations Section 6.4 Public and Civic Uses


uses shall be approved by the Planning and Development Director in accordance with approved standards and specifications.

3. Design Procedures

The maximum permitted illumination shall be measured in average maintained foot-candles from ground level in accordance with the standards in this Section and in the chart within. These standards are required of all exterior lighting with the exception of street lighting.

The quantity of fixtures to be provided shall be based upon the desired level of uniform illumination as established by the current standards of the Illuminating Engineering Society. Fixture locations should be chosen to minimize the hazards of glare.

The level on illumination shall be based upon the primary activity in each area to be lighted. The following standards for various activities prescribed by the Illuminating Engineering Society chart within, represents a number of exterior lighting uses for general reference. Foot-candle designations represent measurements for the average intensity at grade.

Illuminating Engineering Society Chart

Use – Utility Lighting Foot-candles Maximum Foot-candles Minimum Minimum Visibility - 0.5 Driving 1 0.5 Pedestrian Ways 1 0.5 General Landscape Areas 2 1 Use – Area Lighting Parking Lots 4 1 Use – Building Exteriors Entrances (frequent use) 6 2 Entrances (infrequent use) 1 0.5 Building Surroundings 2 1

E. Recreation Vehicle

Only one camping trailer, motor home, or similar recreational vehicle may be parked within applicable setback lines and not occupied or not connected to any water, sewerage, or power supply. F. Customary Incidental Home Occupations

1. Work activities must be carried on wholly inside the main building or in a fully

enclosed accessory building. 2. See Sec. 13.4.2, Permanent Regulated Signs Allowed without a Permit, Item

F, and Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item B.1, for incidental home occupations signs.

3. There will be no visible display or storage of materials.



4. No additional noise or unreasonable generation of traffic will be generated than what would be normally expected with a home.

Sec. 6.4 Public and Civic Uses

6.4.1 Parks and Playgrounds

[reserved for future specific use standards]

6.4.2 Golf and Tennis Clubs Golf and Tennis Clubs in the Town shall be permitted in accordance with Sec. 6.2, Use Table, subject to the following standards: Accessory uses include such grounds, administrative offices, clubhouses, storage buildings, and other facilities customarily associated with Golf and Tennis Clubs.

6.4.3 Churches and Other Places of Public Worship


6.4.4 Research and Educational Research and Educational uses in the Town shall be permitted in accordance with Sec. 6.2, Use Table, subject to the following standards: Together with those structures customarily associated with such uses, or as may be necessary for the operation thereof in furtherance of the research or educational functions being pursued within State-owned research and education-related institutions. A. State-owned Research and Education-Related Institutions

New construction, including additions to existing buildings.

B. Private Schools [reserved for future specific use standards]

C. Day Care Centers [reserved for future specific use standards]

D. Public Schools


6.4.5 Nonprofit Visual Art Centers Nonprofit Visual Art Centers in the Town shall be permitted in accordance with Sec. 6.2, Use Table, subject to the following standards: A. Nonprofit Visual Art Centers shall apply to the erection of nonprofit visual art

buildings and to the conversion of existing buildings to nonprofit visual art use. Whenever the term "construction" or "erection" occurs within this Ordinance, the context shall include the conversion of existing buildings to nonprofit visual art buildings;

Article 6: Use Regulations Section 6.4 Public and Civic Uses


B. The primary use of the premises as a nonprofit visual art center may not be changed except by rezoning the property for use in accordance with the applicable provisions of this Ordinance;

C. Primary pedestrian access and primary road access must be provided by the applicant directly from US 64/NC 28; or, from a public street that intersects US 64/NC 28 that is zoned for commercial use. See also Sec. 10.5.1, Sidewalks; and

D. Associated building usage for Nonprofit Visual Art Centers shall include but not be limited to gallery space, classrooms, office space, dormitories for summer students and small retail shops. Retail sales on the property shall be limited to items usually and customarily sold by visual art centers.

6.4.6 Government Buildings

Government Buildings of any kind shall be permitted in accordance with Sec. 6.2, Use Table.

Sec. 6.5 Commercial Uses Commercial Uses shall include Indoor Recreation and Entertainment, Overnight Accommodations, Retail or Wholesale Business and Restaurants, Professional Office or Studio and Industrial Businesses. Commercial shall be permitted in accordance with Sec. 6.2, Use Table, subject to the following standards. 6.5.1 Commercial Building Exterior Materials

All exterior materials for commercial buildings shall conform to the following standards:

A. A maximum use of three of the materials shall be used over the entire building. Approved materials include:

1. Stucco, float finish, smooth or coarse, machine spray, dash and troweled, and

limited to thirty percent (30%) on any one (1) façade;

2. Wood Clapboard, five inches plus (5"+) to the weather; 3. Wood Shingles, five inches plus (5"+) to the weather;

4. Wood Board or Batten Board, eight to twelve (8 to 12) inches;

5. Wood Shiplap Siding, four inches plus (4"+) to the weather;

6. Unpolished natural regional stone w/ashlar or random ashlar pattern;

7. Clay brick, antique or unglazed; or

8. Simulated Materials: Simulated permitted materials may be used, provided such

materials are reviewed and approved by the Planning and Development Director. B. All colors for commercial buildings shall generally conform to the official Color Chart,

which shall be maintained in the office of the Planning and Development Director. Approved colors need not match specific colors in the chart, but the given shades

Article 6: Use Regulations Section 6.5 Commercial Uses


shall fall within the parameters defined by the chart as determined by the Planning and Development Director.

6.5.2 Fences and Walls

1. Fences or walls shall be no greater than eight (8) feet in height behind the front building setback line.

2. Fences and/or walls are strongly discouraged within the front building setback

line. However, if fences or walls are built within the building setback line, the following standards shall apply:

a. 4 feet height maximum for fences or walls. b. A minimum setback distance of 12 feet from the travel way or the edge

of pavement is required. No fence or wall shall be constructed in the right-of-way.

c. Acceptable building materials include wood, ornamental iron, aluminum, brick or stone.

d. Unacceptable and prohibited materials include chain link, plywood, particle board, plastic mesh, chicken wire, barbed wire, non-veneered concrete blocks, or sheet metal.

e. Fences or walls may not block the required sight triangle at intersections.

f. Exposed framing for a single-sided fence must face the interior of the property.

g. Landscaping (vegetative screening) shall be required on the street side of any front yard fence or wall.

h. Any fence constructed shall be stained or painted with a color on the Town of Highlands Approved Color Chart.

Permit (Zoning Certificate) Required Prior to the construction of any fence or wall in a front yard or along a street side yard, an application for a zoning certificate, including a site plan, shall be submitted to the Town for staff review. Upon approval, a zoning certificate will be issued. *Note: In specific cases, due to topographical factors, the Zoning Administrator may approve a fence within the 12 foot setback, if all other requirements can be met. Maintenance All fences and walls and other visual physical improvements shall be maintained in a safe condition, free of graffiti, and in good appearance. Exemptions

a. Retaining walls b. Recreation Facilities (tennis courts, etc.)

6.5.3 Exterior Commercial Lighting The purpose of this section is to provide direction in controlling exterior lighting so as to enhance the areas being lit and not adversely affect motorists, pedestrians, and adjacent



properties. Lighting intensities should be controlled to assure that light spillage and glare are not directed at adjacent properties, neighboring areas, motorists, or the sky. Exterior lighting shall be integrated with the architectural character of the building. Downcast, fully shielded, or cut-off type lighting fixtures shall be used to illuminate pedestrian or traffic circulation corridors and signage. A. Standards for Exterior Commercial Lighting All exterior commercial lighting shall conform to the following standards:

f) Outdoor lighting from commercial venues shall not shine directly into the yard or windows of a residence.

g) Outdoor lighting shall be designed, located and mounted at heights no greater than 27 feet above grade (including a base maximum height of 2 feet) for fully shielded, cut-off lights.

h) All parking lot and security lighting fixtures, regardless of output, shall be full cut-off fixtures.

i) All outdoor lighting shall be designed and located such that the maximum illumination measured in foot-candles at the property line shall not exceed 1.5 for full cut-off or fully shielded lights. The average intensity illumination for outdoor lighting shall not exceed 6 foot-candles in intensity as measured at grade.

j) Fixtures should be placed to provide uniform distribution of light and to avoid intense lighting that produces excessive glare.

k) Light fixtures used to light building and landscaping shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building facade, plantings, or other site features and away from adjoining properties, the sky, and the street right-of-way.

l) Lighting fixtures in scale with pedestrian activities shall provide for uniform distribution of lighting to produce minimal shadows.

m) Trees and lighting in parking areas should be coordinated. Landscape plans should show lighting and tree locations.

B. Outdoor Recreational Lighting Because of their unique requirements for nighttime visibility and limited hours of operation, the lighting of active recreation areas, such as ball fields and tennis courts, are not considered in the Section. Lighting conditions for such uses shall be approved by the Planning and Development Director in accordance with approved standards and specifications.

C. Design Procedures The maximum permitted illumination shall be measured in average maintained foot-candles from ground level in accordance with the standards in this Section and chart within. These standards are required of all exterior lighting with the exception of street lighting.

The quantity of fixtures to be provided shall be based upon the desired level of uniform illumination as established by the current standards of the Illuminating Engineering Society. Fixture locations should be chosen to minimize the hazards of glare. The level on illumination shall be based upon the primary activity in each area to be lighted. The following standards for various activities prescribed by the Illuminating



Engineering Society within, represents a number of exterior lighting uses for general reference. Foot-candle designations represent measurements for the average intensity at grade.

Illuminating Engineering Society Chart

Use – Utility Lighting Foot-candles Maximum Foot-candles Minimum Minimum Visibility - 0.5 Driving 1 0.5 Pedestrian Ways 1 0.5 General Landscape Areas 2 1 Use – Area Lighting Parking Lots 4 1 Use – Building Exteriors Entrances (frequent use) 6 2 Entrances (infrequent use) 1 0.5 Building Surroundings 2 1 D. Prohibitions

The following are prohibited: 1. The use of laser source light or any similar high intensity light for outdoor

advertising or continuous entertainment, without Permit from Town Board. 2. The operation of searchlights for advertising purposes. 3. No flickering or flashing lights shall be permitted, except as allowed in Section

13.1.4(C).

6.5.4 Outdoor Display of Merchandise The purpose of this Section is to enhance the economic vitality of established commercial areas by permitting the display of merchandise in outdoor areas under uniform standards. These standards address aesthetics, safety and other matters of public concern, and thereby promote the general welfare of the Town. Outdoor displays of merchandise shall be designed, operated and maintained in a neat and orderly manner so to be compatible in appearance with the existing scale and character of the Town of Highlands. This Section shall not apply to retail plant nurseries.

A. B-1 and B-2 Zoning Districts

Outdoor displays, as defined herein, shall be allowed only upon compliance with the following provisions of this Section:

1. Outdoor displays shall be allowed only as an accessory use to operating retail

businesses, and only pursuant to a valid outdoor display permit;

2. Outdoor displays shall be permitted only on the private property of the permit holder in areas immediately adjacent and contiguous to the front or side facades of the associated commercial building;

3. No signage associated with an outdoor display may be displayed outdoors; 4. No material classified as “highly flammable” under County, State, Federal, or

other Town ordinances may be displayed outdoors. Firewood and propane



cylinders shall not be considered “highly flammable” for purposes of this ordinance;

5. No material classified as a Hazardous Household Product as per the North

Carolina Cooperative Extension Service, Publication Number HE-368-1 dated March 1996, or the most current publication of said document, may be displayed outdoors;

6. Outdoor displays shall meet all applicable fire, health, building and handicapped

access requirements and regulations. Entrances and/or exits to all buildings shall be maintained free and clear of merchandise or other items, including but not limited to items hung on doors or at entryways as illustrated by Figure 1;

7. The full width or a minimum of five (5) feet, whichever is smaller, of a private

sidewalk which is open to the public, shall be kept clear of outdoor displays as illustrated by Figure 2;

8. The minimum sidewalk width for new construction where outdoor displays are

intended shall be eight (8) feet. See also Sec. 10.5.1, Sidewalks;

9. An outdoor display permit shall be issued to the commercial business and is not transferable; and

10. See also Sec. 13.1.4, Exempt Signs, for customary holiday displays.

Figure 1

Figure 2



B. B-3 and B-4 Zoning Districts The following regulations shall apply in the B-3 and B-4 zoning districts in addition to those required under Item A above.

1. Outdoor displays shall be limited to an area within twenty-five (25) feet of the

front or the side of the principal commercial structure as illustrated by Figure 3; and

2. Outdoor displays shall not be allowed within twenty-five (25) feet of the edge of pavement of any Town, State or Federal roadway, or within ten (10) feet of the back edge of a public sidewalk, if applicable as illustrated by Figure 3.

Figure 3



6.5.5 Incidental Apartments Incidental Apartments located within, and incidental to, a building used primarily for commercial uses. More than one (1) apartment may be located within a building of mixed occupancy, in conformance with the residential density as defined by Article 8, Dimensional and Density Standards, however, notwithstanding Sec. 6.3.2, Multi-Family Dwelling, the building shall not be considered "multi-family."

6.5.6 Indoor Recreation and Entertainment Indoor recreation and entertainment facilities may be permitted in the Zoning Districts identified in Sec. 6.2, Use Table, with the issuance of a Special Use Permit in the Town, such as indoor theater, dance halls, skating rinks, and bowling alleys or similar.

6.5.7 Private Social Clubs

Private Social Clubs may be permitted in the Zoning Districts identified in Sec. 6.2, Use Table, with the issuance of a Special Use Permit, including the following additional requirements: (excluding a Homeowners association, which is any properly constituted homeowners or property association may organize such private social club without reference to zoning areas, so long as the membership of such association is limited to property owners holding lots, parcels, or similar divisions of land located within the boundaries of property for which the association is created).

1. A complete description of all of the regular activities to be held at the club;

2. The maximum number of members who will be permitted to join the club. If the

club desires to increase the membership over the number allowed in the original permit, then the club must re-apply, and both the minimum parcel size and the amount of parking provided under Article 9, Parking and Landing, must be large enough to accommodate the increase in membership.

6.5.8 Adult Establishments or Places of Adult Entertainment

Adult Establishments may be permitted in the Zoning Districts identified in Sec. 6.2, Use Table, with the issuance of a Special Use Permit, including the following additional requirements:

• No place of adult entertainment shall be located, in whole or in part, within two

hundred (200) feet of the following:

1. Any residential zoning district; 2. Property on which any other place of adult entertainment or adult establishment

is located; 3. Property on which any church or other place of public worship is located; and 4. Property on which any school, park, library or any other public or private property

associated with child care and development.



6.5.9 Hotels and Motels A Hotel or Motel may be permitted in the Zoning Districts identified in Sec. 6.2, Use Table, with the issuance of a Special Use Permit, including the following additional requirements: A. Any application for a hotel or motel, or for permission to increase the number of

accommodations in a hotel or motel, shall be considered an application for a Special Use Permit, or amendment of a Special Use Permit.

B. All off-street parking for a hotel or motel required by Article 9, Parking and Loading,

shall be located on the same parcel of property as the accommodations, unless valet parking is approved on a case by case basis by the Board of Commissioners.

C. All hotels or motels shall be provided with those services customarily provided in

hotels or motels, including linen service, maid service, and a lobby or office of adequate size on the same premises as the accommodations.

D. All accommodations in a hotel or motel shall be located on the same premises.

6.5.10 Tourist Homes

The term Tourist Home may also mean Bed and Breakfast Home. A Tourist Home may be permitted in the Zoning Districts identified in Sec. 6.2, Use Table, with the issuance of a Special Use Permit. No private home shall be converted to a tourist home until a Certificate of Compliance has been issued by the Planning and Development Director. The following conditions must be met before such a Certificate may be issued: A. The tourist home shall serve as the residence of the owner or operator, and only one

tourist home may be operated by any one person; B. The tourist home may be identified only by a sign complying with Sec. 13.5.2,

Permanent Regulated Signs Requiring a Permit; C. No more than four (4) bedrooms may be provided for accommodations in any tourist

home; D. All parking areas shall conform to Article 9 of this Ordinance; E. The building serving as the tourist home shall be inspected by the Macon County or

Jackson County Health Department to determine that it complies with the N. C. Division of Human Services "Rules Governing the Sanitation of Bed and Breakfast Homes, Section .2200 of the N. C. Administrative Code, Title 10, Chapter 10;" and

F. The building serving as the tourist home shall be inspected by a building inspector

authorized to perform building inspection under Volume I of the State Building Code, and certified by said inspector that it is of sound construction and has adequate exits.



6.5.11 Retail, Service or Wholesale Businesses Retail, Service or Wholesale Businesses may be permitted in the Zoning Districts identified in Sec. 6.2, Use Table, including the following additional requirements:

A. Zoning Districts B-1, B-2, B-3: Any retail, service or wholesale business not requiring

a Special Use Permit, provided that the same shall have a minimum of eight hundred (800) square feet of gross floor space if located in a new building or in an existing building in which the number of business occupants is increased as a result of remodeling.

1. Automatic Teller Machines, whether attached to building walls or free-standing, shall not be subject to the minimum of eight hundred (800) square foot of gross floor space required by this Section.

2. Brewpubs are allowed under this section, but shall be limited to a maximum of 1,000 barrels of production per year.

3. Microbreweries, per Section 6.2, Use Table, are permitted with the issuance

of a Special Use Permit within the B-3 zoning district only.

B. Zoning District B-4: Any single retail or wholesale business not requiring a Special Use Permit, provided that the same shall have a minimum of eight hundred (800) square feet of gross floor space if located in a new building or in an existing building in which the number of business occupants is increased as a result of remodeling, and a maximum of two thousand (2000) square feet of gross floor space; shall be located in a single building and, if located on a lot more than one half (.5) acre in area, not exceeding a ratio of one (1) building for every one half (.5) acre of lot size.

C. Zoning District B-4: Any single retail service business not requiring a Special Use

Permit, provided that the same shall have a minimum of eight hundred (800) square feet of gross floor space if located in a new building or in an existing building in which the number of business occupants is increased as a result of remodeling, and a maximum of two thousand (2000) square feet of gross floor space; shall be located in a single building and, if located on a lot more than one half (.5) acre in area, not exceeding a ratio of one (1) building for every one half (.5) acre of lot size. Automatic Teller Machines, whether attached to building walls or free-standing, shall not be subject to the minimum of eight hundred (800) square foot of gross floor space required by this Section.

6.5.12 Restaurants

A restaurant may be permitted in the Zoning Districts identified in Sec. 6.2, Use Table, with the issuance of a Special Use Permit.

A. Application for Permit

Any request to increase the seating in a restaurant, shall be considered an application for a Special Use Permit, or amendment of a Special Use Permit. However, an application to increase the amount of seating in a restaurant pursuant to Sec. 9.2.1.A, Shared Parking for Restaurants, Applicability, shall not be considered an amendment of a Special Use Permit.

B. Limitations



1. Restaurants shall be prohibited from selling take-out food from a drive-through

window to customers in vehicles.

2. Nothing in this Ordinance shall prevent a restaurant from preparing and selling take-out food, provided customers actually approach or enter the restaurant on foot.

6.5.13 Professional Offices or Studios

Professional offices or studios including those of accountants, architects, artists, attorneys, contractors, dentists, engineers, insurance agents, land surveyors, musicians, photographers, physicians, real estate brokers, and surveyors are permitted in the Zoning Districts identified in Sec. 6.2, Use Table.

6.5.14 Self-service Storage Facilities

Self-service Storage Facilities may be permitted in the Zoning Districts identified in Sec. 6.2, Use Table, including the following additional requirements: A. The owner of every self-service storage facility shall be responsible for operating the

facility in accordance with the N.C.G. S. 44A-40, et. seq. B. A self-service storage facility shall be used solely for the purpose of storage and for

no other purpose whatsoever. No occupant shall use a self-service storage facility for residential or for retail business purposes.

C. The storage of welding, flammable, explosive, or other inherently dangerous material

is prohibited within any storage unit. Neither shall the occupant do any act or cause to be done any act which creates or may create a nuisance and/or hazard.

D. All personal property stored at a self-service storage facility shall be entirely

enclosed within individual storage spaces. 6.5.15 Outdoor Storage Yards

Outdoor Storage Yards may be permitted in the Zoning Districts identified in Sec. 6.2, Use Table. Area containing materials for sale for businesses such as building supply centers, lumber yards, and hardware stores, provided the following conditions are met: A. No salvaged, discarded, junk, or other similar material awaiting salvage, recycling, or

disposal shall be placed in an outdoor storage yard; B. No material shall be placed in an outdoor storage yard which could be moved by the

elements out of the storage yard; C. No paper, rags, cloth, or other fibers may be stored in an outdoor storage yard; D. All materials in outdoor storage yards shall be stored within a chain-link or similar

fence; and E. All such storage yards which adjoin or are visible from a public road shall be



screened from view by appropriate fencing or landscaping in accordance with Article 11, Landscape, Screening and Buffers.

6.5.16 Flammable Liquid Storage, Toxic and Hazardous Materials Facilities

If hazardous materials are either used, stored or manufactured on any premises, the Owner is required to incorporate adequately designed, constructed and maintained spill containment structures. A spill containment plan is required in the Watershed Overlay Districts.

6.5.17 Electronic Gaming Operations

Electronic gaming operation may be permitted in accordance with Sec. 6.2, Use Table, including the following additional requirements: A. Days/Hours of operation: businesses engaging in electronic gaming operations

activities may operate from 8:00 am until 12:00 midnight each day, seven (7) days per week.

B. The maximum number of devices used, such as machines, terminals, or computers,

in any combination, for any electronic gaming operations business, is ten (10). C. If food or beverage is served, the establishment must meet the requirements of the

Macon County Health Department, including any and all necessary permits and/or licenses. No alcohol is to be brought in or sold for consumption in the establishment.

D. Minimum parking spaces, in addition to those required by the principle use, where

required by the zoning district: One (1) space for every two (2) terminals or one (1) space per every two hundred (200) square feet of total floor area, whichever is greater, and one (1) space per employee.

E. All applicable permits, including those for signage, must be issued to the applicant

prior to the issuance of the special use permit and the opening of business.

F. The establishment must be a minimum of two hundred (200) feet from any residential zoning district.

G. The establishment must be a minimum of two hundred (200) feet from any

established religious institution/synagogue, school, daycare center/home, library, public park, recreation area or motion picture establishment where “G” or “PG” rated movies are shown to the general public on a regular basis.

H. The establishment must be a minimum of five hundred (500) feet from any other

electronic gaming operation.

I. Measurement of distance separation shall be in a straight line from the closest point of the buildings at which the electronic gaming operations business is located.

Article 6: Use Regulations Section 6.6 Wireless Communication Facilities


Sec. 6.6 Wireless Communication Facilities 6.6.1 Purpose and Intent

The Town of Highlands, while recognizing the unique character of the community, desires to encourage the orderly development of wireless communication technologies for the benefit of the Town and its citizens. As a matter of public policy, the Town aims to encourage the delivery of new wireless technologies throughout the Town while controlling the proliferation of communication towers. Such development activities will promote and protect the health, safety, prosperity and general welfare of persons living in the Town of Highlands. It is, therefore, the desire and purpose of the Board of Commissioners of the Town of Highlands to regulate Wireless Communication Facilities throughout the zoning jurisdiction of the Town of Highlands. It is also the policy of the Town of Highlands to apply the standards enumerated herein to Town property located outside its zoning jurisdiction. The regulations set forth in this Article shall (1) apply to the installation, construction, attachment, removal, and alteration of facilities to accommodate Wireless Communication Facilities; (2) provide the criteria for evaluating such proposed activities; and (3) provide a procedure for the suitability certification and for accomplishing related purposes. See also Sec.10.7, Wireless Communication Facilities, and Article 11, Landscape, Screening and Buffers, and Article 13, Sign Standards, for all applicable Development Standards.

Specifically, the Wireless Communication Facility Development Standards are designed to achieve the following: A. Provide a range of locations for Wireless Communication Facilities throughout the

Town; B. Encourage the location of Wireless Communication Facilities onto existing structures

to reduce the number of new communication towers needed within the Town of Highlands;

C. Encourage co-location and site sharing of new and existing Wireless Communication

Facilities; D. Control the type of tower facility constructed when towers are permitted; E. Establish adequate development and design criteria to enhance the ability of

providers of telecommunications services to provide service to the community quickly, effectively, and efficiently;

F. Protect residential, historic preservation areas, and scenic corridors from the

uncontrolled development of Wireless Communication Facilities by requiring reasonable siting conditions;

G. Promote the use of suitable lands for the location of wireless antennae, towers,

and/or Wireless Communication Facilities;



H. Insure the harmonious, orderly and efficient growth and development of Wireless Communication Facilities within the Town;

I. Enhance the economy of the Town through the continued use of the Town's public resources;

J. Provide development standards for the development of Wireless Communication

Facilities which are consistent with the requirements of the Federal Telecommunications Act of 1996 and in the best interest of the future of the Town of Highlands;

K. Provide clear performance standards addressing the siting of Wireless

Communication Facilities; and L. Streamline and expedite the permitting procedures to effect compliance with the

Federal Telecommunications Act of 1996. 6.6.2 Uses Not Covered, Pre-Existing Facilities, Amateur Radio, Relationship to

Other Ordinances, Airport Zoning, and Building Codes Nothing in this Section 6.6 shall reduce any of the permitted uses within the Town of Highlands. Nothing in this Section 6.6 shall affect the right of a property owner to use or develop his or her property in accordance with the provisions thereof. Nothing in this Section 6.6 shall affect the right of a property owner to continue any legal non-conforming use, pursuant to Article 7, Non-Conformities, of this Ordinance. A. Pre-Existing Wireless Communication Facility

Wireless Communication Facilities that were installed prior to the effective date of this Ordinance shall be considered as non-conforming, per the requirements of Article 7, Non-Conformities.

B. Amateur Radio Exclusion

This Ordinance shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator.

C. Relationship to Other Ordinances

This Ordinance shall supersede all conflicting requirements of other ordinances regarding the locating and permitting of Wireless Communication Facilities.

D. Airport Zoning

Any Wireless Communication Facility located or proposed to be located in airport areas governed by the Federal Aviation Administration shall also comply with the provisions of all applicable local, state, and federal airport regulations.

E. Building Code

Construction of all Wireless Communication Facilities shall comply with the requirements of the North Carolina State Building Code and permitting process in addition to the requirements of this Section.



6.6.3 Preferred Locations for Wireless Communication Facilities and Applicability

A. The following Wireless Communication Facilities may be allowed within the Town of Highlands, per the requirements of Sec. 4.9, Tower and Antennae Use Certificate:

TABLE A

Site Name & Location Zoning District Requirements

1 Town Hall Site GI 80' Camouflage Monopole

2 Ravenel Ridge Water Tank R-1 Attachments Only

3 Satulah Mountain R-1 80' Camouflaged Monopole

4 Satulah Mountain Former Water Tank R-1 70' Camouflaged Monopole

5 Upper Brushy Face Water Tank R-1 Attachments Only

6 Hickory Hill Road Site R-2 80' Camouflaged Monopole

7 Town Warehouse Site GI 80' Camouflaged Monopole

8 Little Bearpen Water Tank R-1 Attachments Only

9 Big Bearpen Water Tank and Tower R-1 Attachments, Add To/Replace Tower B. Attachments on lands not identified in Table A. Wireless Communication Facilities

with support structures on lands not identified in Table A shall only be permitted by approval of the Zoning Board of Adjustment by means of a Special Use Permit.

6.6.4 Shared Facilities and Co-location Policy

A. All new Wireless Communication Facilities shall be engineered, designed, and

constructed to be capable of sharing the facility with other applicants, to co-locate with other existing Wireless Communication Facilities, and to accommodate the future co-location of other Wireless Communication Facilities. A Tower and Antennae Use Certificate (TAC) shall not be issued until the applicant proposing a new Wireless Communication Facility shall demonstrate that it has made a reasonable good faith attempt to locate its Wireless Communication Facility onto an existing structure. Competitive conflict and financial burden alone are not deemed to be adequate reasons against co-location.

B. Co-location Agreement. All applicants for Wireless Communication Facilities are

required to submit a statement with the application agreeing to allow and reasonably market co-location opportunities to other Wireless Communication Facility users. The statement shall include the applicant's policy regarding co-location of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged other providers. The Co-location Agreement shall be considered a condition of issuance of a Tower Antenna Use Certificate (TAC). A



TAC shall not be issued unless the applicant complies with the co-location policy outlined in this Ordinance.

6.6.5 Removal of Abandoned Support Structures Any support structure that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the Town, at its election, may require the support structure owner to remove the support structure within ninety (90) days after notice from the Town to remove the support structure. If there are two (2) or more users of a single support structure, this provision shall not become effective until all providers cease to use the support structure. If the owner of an abandoned support structure cannot be located or is no longer in business, the requirements of this Section shall be the responsibility of the landowner on whose property the support is located.

Article 7: Nonconformities



Zoning regulations established by the adoption of this Ordinance or amendments to this Ordinance may cause properties and uses which were lawful prior to the adoption of certain regulations to not meet requirements after adoption of the regulations. The purpose of this section is to establish procedures and regulations for the use of those properties or structures which are in conflict with the requirements of this Ordinance. It is not the intent of this section to encourage the continuance of nonconformities that are out of character with the standards of the zoning district. It is the intent of this section, however, to allow certain nonconforming situations to continue as legal exceptions to this Ordinance.

7.1.2 Nonconformities Defined A nonconformity shall be any use, lot, improvement, or structure that, as a result of amendments to this Ordinance or a preexisting condition, does not meet the current standards of the Ordinance.

A. Nonconforming Use

A nonconforming use shall be any land use or type of residential use that was legally established but has become a prohibited use in the district in which it exists.

B. Nonconforming Lot

A nonconforming lot shall be any legally established parcel that does not conform to the current area or dimensional requirements of the zoning district in which it is located.

C. Nonconforming Improvement or Structure

A nonconforming improvement or structure shall be any legally established improvement, building or structure that fails to meet current Ordinance standards for setback, height, or similar factors.

D. Nonconforming Signs See Article 13, Sign Standards, for all requirements relating to non-conforming signs.

7.1.3 Continuation of Nonconformities Legal nonconformities may continue subject to the limitations of this Article. Continuation, reconstruction, alteration, and/or expansion of such nonconformities shall be subject to the provisions of this Article.

7.1.4 Maintenance and Repair Nothing in this section shall prohibit the ordinary maintenance and repair of a nonconformity, including but not limited to repairs required by Sec. 15.7, Minimum Standards of Habitability, except that nonconforming structures that have suffered repetitive loss due to flooding shall not be permitted to be repaired. Maintenance and repair shall be subject to issuance of building permits, as is required by the Building Code.

Article 7: Nonconformities Section 7.1 General


7.1.5 Completion of Buildings and Improvements

A. Nonconformities Resulting from Adoption of this Ordinance Completion of buildings that become nonconforming as a result of passage of this Ordinance shall be allowed if an application for a building permit sufficient to allow approval was submitted prior to passage of this Ordinance, and if the building is subsequently completed in accordance with an approved building permit within two (2) years of initial issuance of the permit.

B. Subsequent Nonconformities

Completion of buildings that become nonconforming as a result of amendments to this Ordinance shall be allowed if a building permit was issued prior to the amendment, if the permit remains continuously valid, and if the building is completed within two (2) years of initial issuance of the permit. Completion of buildings or improvements for which permits were not issued, but that are subject to site plans or preliminary plats that were approved prior to the Ordinance amendment shall be governed by the provisions regarding continuous validity of site plans and preliminary plats found elsewhere in this Ordinance.

Sec. 7.2 Nonconforming Uses 7.2.1 Limitations on Nonconforming Uses

The lawful use of any building or premises at the time of the enactment of this Ordinance, or immediately preceding any applicable amendment thereto, may be continued even though the use does not conform with the provisions of this Ordinance, under the following conditions: A. A nonconforming use may not have its use changed to another nonconforming use;

B. A nonconforming use may not be re-established after its discontinuance for a period

of twelve (12) consecutive months. If the discontinuance of the use is caused by damage from an unintentional fire or other natural disaster, then the building in which the use is located may be repaired and/or reconstructed and the use may thereby be re-established provided repair or reconstruction has begun within twelve (12) months and completed with a Certificate of Compliance within two (2) years of such damage.

Sec. 7.3 Nonconforming Lots

7.3.1 Single-Family Residential Lots

A. Any single lot that does not meet the minimum density requirements of this

Ordinance, may nevertheless be used as a building site, provided that the lot was in existence at the time of the adoption of this Ordinance, or, alternatively, complied with the single-family site density requirements of the Ordinance in effect at the time it was recorded, as evidenced by a recorded plat or as described in a conveyance recorded among the public records of Macon County or Jackson County.

. B. In addition to the foregoing, any single lot that is located within a Watershed Overlay

District, and which equals or exceeds the minimum lot size for the overlay district, may be used as a building site. However, if a single lot does not equal or exceed the

Article 7: Nonconformities Section 7.3 Nonconforming Lots


minimum lot size for said Watershed Overlay District, then it may be developed only if the resulting development does not exceed the built-upon limits for the overlay district.

C. Property may be subdivided without respect to the minimum lot size required by the this Ordinance in order to increase the size of previously platted or recorded lots, provided that:

1. Any lot which currently complies with the minimum lot size required by the Zoning

Ordinance, and has been used as a building site, may not thereby be reduced in size below the minimum lot size;

2. Any nonconforming lot which has been used as a building site may not thereby

be reduced in size; and 3. Any unimproved lot which is thereby reduced in size below the current minimum

lot size shall either be re-platted to reflect its combination with other previously platted or recorded lots or, if it is not so combined, shall be designated "NON-CONFORMING PARTIAL LOT" on the plat and, if applicable, in any deed of conveyance.

Sec. 7.4 Nonconforming Improvements and Structures 7.4.1 Nonconforming Buildings and Premises

A. Buildings and premises (including parking areas and other parts thereof) which existed at the time of the enactment of this Ordinance, or immediately preceding any applicable amendment thereto, shall be deemed in compliance herewith, except in the following cases:

1. Additions. If an addition is made to any existing building or premises, such

addition shall comply with the current provisions of this Ordinance; 2. Alterations, repairs, or rebuilds. Nonconforming buildings may be altered or

repaired, but such buildings shall not be enlarged or expanded except in conformance with this Ordinance. Nonconforming buildings that are destroyed or condemned may not be rebuilt or repaired except in conformance with this Ordinance;

3. Change of use. If the use of a building changes so that the requirements for the

new use are in any way more stringent than the requirements for the previous use of the building, such building and premises shall be made to conform to the current requirements of this Ordinance; and

4. Discontinuance of use. If the use of any building or premises has been

discontinued for a period of twelve (12) consecutive months, no use shall be re-established until said building and premises shall be made to conform as much as possible to the current requirements of this Ordinance. Conformance herewith shall not be required as relates to existing building size, in cases where

Article 7: Nonconformities Section 7.4 Nonconforming Improvements and Structures


it is not reasonable or practical to do so but a Variance is required from the Zoning Board of Adjustment in accordance with Section 4.18.2, Zoning Board of Adjustment Variances. The total built-upon area may not be increased, nor encroachments into setback extended, beyond those of the original building, except in conformance with this Ordinance.

B. Nonconforming manufactured homes. Manufactured homes which existed at the

time of the enactment of this Ordinance, or immediately preceding any applicable amendment thereto, shall be deemed in compliance herewith in any zoning district. In addition, nonconforming manufactured homes may be replaced one (1) time with a manufactured home of equivalent size on the same site, provided the replacement trailer has been constructed after July 1, 1976, and all of the following conditions are met:

1. The unit is occupied by persons owning the land on which the unit is located; 2. The tongue, axles, removable towing apparatus, and transporting lights are

removed after final placement on the site; 3. A continuous, permanent masonry curtain wall or foundation, unpierced except

for ventilation and covered access, is installed under the unit; and 4. The exterior siding consists predominantly of horizontal or vertical vinyl,

aluminum, wood, or hardboard siding. 7.4.2 Existing Development in Watershed Overlay Districts

Existing development on single lots in watershed overlay districts which do not equal or exceed the minimum lot size for the overlay district, and which existed at the time of the enactment of this Ordinance or immediately preceding any applicable amendment thereto, shall be deemed in compliance herewith. Additional development shall be permitted on such lots only if it does not result in the overall built-upon area for the lot exceeding the built-upon limits for the overlay district.

7.4.3 Reconstruction in Watershed Overlay Districts

Notwithstanding Section 7.4.2, Existing Development in Watershed Overlay Districts, any existing building or built-upon area not in conformance with the restrictions of this ordinance that has been damaged or removed may be repaired and/or reconstructed, provided: A. Repair or reconstruction is initiated within twelve (12) months and completed within

two (2) years of such damage; B. The total built-upon area may not be increased unless stormwater control that equals

or exceeds the previous development is provided; and C. Reconstruction or repairs shall not expand the existing built-upon area as defined by

the footprint or foundation of the existing building and shall meet all applicable building codes.

Article 8: Dimensional and Density Standards



This Ordinance where applicable, shall govern lot sizes and standards and shall govern the location of the minimum building setback lines. The size, shape, and orientation of lots shall reflect due consideration to topography and drainage so as to accomplish the following goals: A. To make efficient and visually aesthetic use of the natural features of the landscape; B. To maximize visualization of permanently preserved open space; C. To preserve natural vegetation and ecosystems; D. To provide recreation areas; E. To provide scenic vistas; and F. To create diversity and originality in subdivision design, meaning lots, streets and

parking areas of non-uniform size, shape, or arrangement. 8.1.2 Requirements and Exceptions

A. Building and Structure Setbacks

1. No part of a yard, open space, off-street parking space, or loading area required in connection with any building, structure, or use by this Ordinance shall be considered to be part of a required yard, open space, off-street parking space, or loading area for any other building, structure, or use, except for the exemption for Town of Highlands Greenway easements as listed below in Item 2.

2. Where an easement has been granted to the Town of Highlands for the purpose

of extending the Highlands Greenway, the Greenway easement or the portion of the lot dedicated as part of the Greenway shall not affect required setbacks from property lines.

a. The request by the Town to receive an easement for the Town of Highlands

Greenway will be negotiated on a project by project basis. See Sec.10.5.2, Trails and Paths, and Sec. 12.3.4, Limited Activity Permitted Within and Adjacent to Riparian Buffers, for additional requirements for trails.

b. See also Sec. 8.4, Watershed Overlay District, for built upon area calculations

related to Highlands Greenway easements.

3. The setback distance shall be measured horizontally from the right-of-way, road centerline, or adjoining property line to the nearest projection of the building, including any eave, dormer, deck, or other part attached thereto and any portion of the building located below grade, as illustrated by Figure 1, except measurement of distance separation required for electronic gaming operations, adult establishments, and places of adult entertainment shall be in a straight line from the closest point of the buildings in which the activities occur.

Article 8: Dimensional and Density Standards Section 8.1 General


4. In the event a right-of-way is not defined among the public records of Macon

County, North Carolina and a) the road is a North Carolina or U. S. primary route or b) the road is any other public or private road, references to dedicated public right-of-way in this Article 8, Dimensional and Density Standards, shall be measured from the centerline of the existing road as defined in the tables of this Article 8. See also Sec. 13.2.1, Sign Standards Interpretations, for additional interpretations for Signs and right-of-ways.

5. Doors, windows, marquees, canopies or fixed awnings, and movable metal or

canvas awnings shall be permitted to encroach on the setback area in the B-1 and B-2 Zoning Districts, as illustrated by Figure 2.

Figure 1



6. Gazebos and other publicly owned structures used for public purposes shall be

allowed with a zero setback upon resolution of the Board of Commissioners of the Town of Highlands.

7. On the site of the Town Hall property, circumscribed by Oak Street, Maple Street

and Fourth Street, there shall be a zero setback from Fourth Street and Oak Street.

8. Zero lot line setbacks in any other development are only allowed in Planned

Cluster Developments with a Special Use Permit. See Sec. 8.5, Planned Cluster Development.

9. Fences have a minimum setback distance of 12 feet from the travel way or the

edge of pavement. No fence or wall shall be constructed in the right-of-way. *Note: In specific cases, due to topographical factors, the Zoning Administrator may approve a fence within the 12 foot setback, if all other requirements can be met.

B. Building Height

Building height shall not exceed the maximum height permitted, except publicly owned facilities may receive a height variance upon resolution of the Board of Commissioners of the Town.

Figure 2



C. Fence Height 4 feet height maximum for fences or walls.

Fences or walls shall be no greater than eight (8) feet in height behind the front building setback line.

D. Minimum Lot Size (Total Area of Parcel) and Relationship to Use Minimum lot sizes for parcels shall meet or exceed the minimum parcel size permitted, except:

1. A Property may be subdivided without respect to the minimum lot size required

by this Ordinance for the purpose of clustering development, See Sec. 8.5, Planned Cluster Development;

2. Residential lot sizes in each district are defined per dwelling unit, whether the dwelling is single family or multi-family; and

3. Any parcel of real property owned by a nonprofit visual art center situated within

the Government-Institutional Zoning District may be used for nonprofit visual art center purposes provided the parcel size is not less than five (5) acres.

E. Access to Lots and Relationship to Lot Size

See also Article 9, Parking and Loading, and Sec. 10.4, Driveway Entrances, for additional requirements.

1. Access to each lot from street frontage shall be sufficient to allow safe passage;

and 2. Business and industrial lots shall be of sufficient size to permit off-street service

facilities and access for off-street parking for vehicles by patrons and employees, as required by this Ordinance.

F. Minimum Lot Width and Relationship to Certain Uses

Minimum lot widths for parcels shall meet or exceed the dimensional standards in this Ordinance, except the minimum lot width shall not apply to incidental apartments, single apartments and multi-family as permitted by Article 6, Use Regulations.

G. Built-upon Limits and Built-upon Area

Built-upon limits and built-upon area apply to both specific zoning districts (watershed overlay) and specific uses (multi-family and nonprofit visual art centers). For the purpose of calculating built-upon area, total project area shall include total acreage in the tract on which the project is to be developed. See tables in Sec. 8.2, Residential Development, and Sec. 8.3, Non-residential Development, for typical built-upon limits and see also Sec. 8.4, Watershed District Overlay, for additional requirements, where applicable.

Article 8: Dimensional and Density Standards Section 8.2 Residential Development


Sec. 8.2 Residential Development The underlying zoning district requirements shall apply except for additional applicable requirements of Sec. 8.4, Watershed District Overlay, and Sec. 8.5, Planned Cluster Development, and unless a site specific plan is approved per Sec. 5.5, Conditional Use Zoning Districts Intent Statements. 8.2.1 Dimensional Standards

DIMENSIONAL STANDARD R-1 R-2 R-3 Min Max Min Max Min Max Single Family Specific Lot Size (acres) 0.75 - 0.5 - 0.5 - Lot Width at Building Line 100

ft. - 70 ft. -

70 ft. -

Multifamily Specific Lot Size (acres) Per Dwelling Unit - - - - 0.25 - Lot Size (acres) - - - - 2 - Building Area Limits - - - - - 50% Single Family and Multifamily Building Setback from the right-of-way line of any public or private road 25 ft. -

25 ft. -

25 ft. -

Building Setback from North Carolina or US Primary Route centerline if no right-of-way line is recorded 55 ft. -

55 ft. -

55 ft. -

Building Setback from road centerline if no right-of-way line is recorded for all other private or public roads (except as defined above) 40 ft. -

40 ft. -

40 ft. -

Building Setback from property zoned residential district 10 ft. -

10 ft. -

10 ft. -

Fence Setback from edge of pavement of roadway 12 ft 12 ft 12 ft Building Height - 35 ft. - 35 ft. - 35 ft. Fence Height

4 or 8

ft. 4 or 8

ft. 4 or 8

ft. Habitable Stories, exclusive of basement - 3 - 3 - 3

Article 8: Dimensional and Density Standards Section 8.3 Non-Residential Developments


Sec. 8.3 Non-Residential Developments The underlying zoning district requirements shall apply except for additional applicable requirements of Sec. 8.4, Watershed District Overlay, and Sec. 8.5, Planned Cluster Development, and unless a site specific plan is approved per Sec. 5.5, Conditional Zoning Districts Intent Statements. See also additional square foot requirements in Article 6, Use Regulations. 8.3.1 Dimensional Requirements DIMENSIONAL STANDARD

B-1 B-2 B-3 B-4 G/I

Min. Max Min. Max Min. Max Min. Max Min. Max Residential Lot Size (acres unless noted)

2400 sf -

6000 sf - 0.5 - 0.5 - - -

Parcel size for multi-family (acres) - - - - - - - - - - Building Area for multi-family - - - - - - - - - - Incidental Apartments (sf) - - - - 600 - - - - - Building Setback from the right-of-way line of any public or private road 0 ft. - 0 ft. -

25 ft. -

25 ft. -

25 ft. -

Building Setback from NC or U.S. primary route centerline if no ROW line is recorded - - - -

55 ft. -

55 ft. -

55 ft. -

Building Setback from road centerline if no ROW line is recorded for all other private or public roads - - - -

40 ft. -

40 ft. -

40 ft. -

Building Setback from the property line of an adjoining ownership - Residential 0 ft. - 0 ft. -

10 ft. -

20 ft. -

10 ft. -

Building Setback from the property line of an adjoining ownership - Commercial 0 ft. - 0ft. -

10 ft. -

10 ft. -

10 ft. -

Building Setback required from dead end service drives or alleyways serving commercial businesses for loading, unloading, and employee parking - - - - 0 ft. - - - - - Fence Setback from edge of pavement of roadway 12 12 12 12 12 Building Height (in feet) - 35 - 35 - 35 - 35 - - Fence Height (in feet)

4 or

8 4 or

8 4 or

8 4 or

8 4 or

8 Habitable Stories, Exclusive of Basement - 2 - 2 - 2 - 2 - - Habitable Stories, Exclusive of Basement and Attic - - - - - - - - 2 - Nonprofit Visual Art Centers Total Built Upon Area of Parcel Size - - - - - - - - -

70 %

Flammable liquid storage tank Setback from any exterior property line (except as listed below) - - - -

25 ft. - - - - -

Flammable liquid storage tank Setback from any exterior property line bordering a residential zoning district - - - -

100 ft. - - - - -

Hotel or Motel Unit - gross floor space (square feet) - - - - 250 - - - - - Electronic Gaming Operations Setback from any residential zoning district

200 ft -

200 ft -

200 ft -

200 ft -

200 ft -

Electronic Gaming Operations Setback from any established religious institution/synagogue, school, daycare center/home, library, public park, recreation area or motion picture establishment where “G” or “PG” rated movies are shown to the general public on a regular basis

200 ft -

200 ft -

200 ft -

200 ft -

200 ft -

Article 8: Dimensional and Density Standards Section 8.3 Non-Residential Developments


Electronic Gaming Operations Setback from any other electronic gaming operation

500 ft -

500 ft -

500 ft -

500 ft -

500 ft -

8.3.2 Floor Area Ratio

The size of any new commercial building constructed in the B-1 Business zoning district, and in the case of an addition, the resultant gross floor space of the entire building, shall not exceed a ratio of one and four tenths (1.4) square foot of gross floor space per one (1) square foot of building lot. No structure shall have more than two (2) stories for habitation, exclusive of basement, with the following exception:

Additional habitable area, not to exceed an area meeting a ratio of thirty-five one hundredths (0.35) square foot of gross floor space per one (1) square foot of building lot, shall be allowed in a third level (commonly referred to as an attic) which meets the following conditions:

A. The roof rafters shall bear directly on the attic floor system; with exception of a

dormer whose length shall not exceed fifty percent (50%) of the underlying wall structure.

B. There shall be no exterior knee walls as part of the additional habitable area; and

C. The additional habitable area shall be used for the following uses only:

1. Apartments having a minimum area of six hundred (600) gross square feet and incidental to the primary commercial use, or

2. Business office incidental to the primary commercial use of the building and which is not generally accessible to the general public.

Sec. 8.4 Watershed Overlay District 8.4.1 General

The underlying zoning district requirements shall apply except as applicable to the Watershed Overlay District dimensional standards outlined below.

A. When approved as a Special Non-Residential Intensity Allocation (SNIA), non-

residential uses may be permitted up to a maximum of seventy percent (70%) built-upon area in up to five percent (5%) of the balance of the watershed which is outside the critical area. Projects must minimize built-upon surface area, direct storm water away from surface waters, and incorporate Best Management Practices to minimize water quality impacts.

B. Watershed overlay lot size and built-upon limits shall be determined based on the

portion of the lot that is not underwater.

1. Where public or private roads, which are existing on the date of adoption of this Ordinance, are within deeded lot lines, the area of impervious surface of the road shall be subtracted from the total area for watershed built-upon limits calculations.

Article 8: Dimensional and Density Standards Section 8.4 Watershed Overlay District


2. Parking areas shall be included in the built-upon area, whether constructed of impervious or pervious materials, except that for single family residential dwellings, the area of any turf grass or mulch parking areas shall be subtracted from the built upon area.

3. Where an easement has been granted to the Town of Highlands for the purpose

of extending the Highlands Greenway impervious areas within the Greenway easement shall not be subtracted from the total area for watershed built-upon limits calculations.

4. Water surface area of swimming pools shall be considered pervious surface for

the purposes of this Section and shall not be considered built-upon area. C. Land Allocation or Swap

[Reserved] 8.4.2 Residential Dimensional Requirements

DIMENSIONAL STANDARD WS-II-CA WS-II-BW WS-III-CA WS-III-BW Min. Max Min. Max Min. Max Min. Max Minimum lot size per Watershed Area (acres) 2 - 1 - 1 - 0.5 - Built-Upon Limits, not meeting the min. lot size - 6% - 12% - 12% - 24% Built-Upon Area, lots meeting or exceeding the min. lot size - 50% - 50% - 50% - 50% 8.4.3 Non-Residential Dimensional Requirements

DIMENSIONAL STANDARD WS-II-CA WS-II-BW WS-III-CA WS-III-BW Min. Max Min. Max Min. Max Min. Max Minimum lot size per Watershed Area (acres) 2 - 1 - 1 - 0.5 - Built-Upon Limits, lots not meeting the min. lot size - 6% - 12% - 12% - 24% Built-Upon Area, lots meeting or exceeding the min. lot size - 6% - 50% - 12% - 50% Built-Upon Area, lots of any size, approved as a SNIA allocation - 6% - 70% - 12% - 70%

Article 8: Dimensional and Density Standards Section 8.5 Planned Cluster Development


Sec. 8.5 Planned Cluster Development The underlying zoning district requirements shall apply in addition to applicable requirements of Sec. 8.4, Watershed District Overlay. 8.5.1 Dimensional Requirements

A. Building setbacks between the internal lots within a planned cluster development shall conform to the applicable Zoning Districts unless a zero lot line setback is approved for the development, as illustrated by Figure 3. The distance between buildings in approved zero lot line developments shall be the minimum as outlined in Dimensional Standard table below.

B. A setback of ten (10) feet shall remain between each building. C. Minimum lot width and lot size shall not apply, except that the total number of

clustered lots in the development shall not exceed the total number of lots allowed in either the underlying Zoning District or the Watershed Overlay District, whichever is more restrictive.

DIMENSIONAL STANDARD CLUSTER Min. Building Setback from the property line of an adjoining lot not in the cluster development, of any Zoning District

Per Underlying Zoning District and Required Landscape Buffers

Building Setback between buildings in all Zoning Districts utilizing cluster development 10 ft. Building Setback from the right-of-way of any street, other than a street within the cluster subdivision in all Zoning Districts

100 ft. or 40 ft. with a Type 2 Landscape

Buffer Dedicated Common Open Space 50%

Figure 3

Article 8: Dimensional and Density Standards Section 8.5 Planned Cluster Development


8.5.2 Common Open Space Requirements

A. Common open space created by the cluster development shall be located as much as the natural terrain permits in one contiguous area.

B. Common open space may not contain any recreational structures unless explicitly

approved by the Board of Commissioners. C. Required landscape buffers per Sec. 11.5, Landscape, Screening and Buffers, shall

be included in the total area of dedicated common open space calculations. D. Where an easement has been granted to the Town of Highlands for the purpose of

extending the Highlands Greenway, the Greenway easement or the portion of the lot dedicated as part of the Greenway shall be included in the total area of dedicated common open space calculations.

E. Common open space may be dedicated to public or private use:

1. If common open space is dedicated to public use--such as to the Town of Highlands, the State of North Carolina, or any other public entity--it shall be made available to and accessible to the public. The approval of a cluster subdivision plat does not constitute or effect the acceptance by the Town or the public of the dedication of any open space, and shall not be construed to do so. The Board of Commissioners may, however, in its discretion, and by separate resolution, explicitly accept any such dedication, and may also accept the responsibility to maintain such open space.

2. If common open space is dedicated to private use, an agreement shall be

prepared, and recorded with the final plat, specifying the ownership and responsibility for maintenance of the open space. Provisions for the perpetual ownership and maintenance of common open space may be accomplished by an agreement with a property owners' association or a land trust, or by other method or means approved by resolution of the Board of Commissioners.

Article 9: Parking and Loading


Sec. 9.1 Off-Street Parking Requirements and Standards 9.1.1 General

Private off-street automobile storage or parking and loading areas shall be provided on every parcel on which any of the following uses are hereafter established. All automobile parking spaces and parking lots required by this Ordinance shall conform to these standards as well as those details and standards required in the Public Works Specifications Manual. See also Sec. 10.4, Driveway Entrances.

A. Applicability

The minimum requirements for off-street parking and loading are set forth in this Article 9, Parking and Loading. These requirements shall apply to all new buildings and uses and to additions to existing buildings and uses in the R-1 Residential, R-2 Residential, R-3 Residential, B-2 Business, B-3 Business, B-4 Business, and GI Governmental / Institutional Districts.

B. Exceptions

1. However, no uses within the B-1 Business District, including those Special Uses

identified in Article 6, Use Regulations, shall be subject to the off-street parking and loading requirements, except for single family dwellings, including incidental apartments.

2. Within the B-1 Business District, no parking is required for up to two (2) incidental

apartments located in the same building. For each subsequent incidental apartment, two (2) parking spaces are required per apartment.

3. The parking requirement for places of assembly or recreation, or entertainment

with fixed seats shall not apply to churches located on Main Street. 4. A reduction of up to twenty percent (20%) of required parking in applicable

districts as defined in Item A above may be considered by the Town of Highlands due to specific site conditions, such as historical trees, significant rock or other special terrain, under the following conditions:

A. The person requesting the reduction shall submit a letter and site plan to the

Planning and Development Director; and B. Additional information shall be provided as requested by the Planning and

Development Director as necessary to render an opinion.

9.1.2 Off-Street Storage of Commercial Trailers Commercial trailers may be parked on private property only in the following cases: A. When the trailer is being temporarily used in connection with an on-going

construction project; or B. When the trailer is being loaded, unloaded, or temporarily used for storing materials

for a business, and is also located in the rear of the principal building (that is, at the opposite side of the main entrance) in which the business is located. If located other

Article 9: Parking and Loading Section 9.1 Off-Street Parking Requirements and Standards


than in the rear of the building, the trailer may not be parked on said premises for a period of time longer than forty-eight (48) hours.

9.1.3 Ingress and Egress

Each parcel abutting a thoroughfare maintained by the North Carolina Department of Transportation shall be provided with adequate space for turning so that no vehicle shall be required to exit from the premises by backing into the thoroughfare. See also Article 8, Dimensional and Density Standards, and Sec. 10.4, Driveway Entrances.

9.1.4 Dimensions and Location A. All off-street parking spaces required by this Ordinance shall be provided on the

same parcel of property on which the principal use is conducted, except as permitted under Sec 9.2, Shared Parking for Restaurants.

B. Any required non-residential parking spaces may extend up to one hundred twenty (120) feet into a residential district, provided that they:

1. Adjoin a commercial or other nonresidential district; 2. Have their only access to or front upon the same street as the parcel in the

commercial or other nonresidential district for which the parking is being provided; and

3. Meet all landscape and buffer requirements as outlined in Article 11, Landscape,

Screening and Buffers.

C. Dimensions The dimensions of all parking spaces and access aisles provided under this Ordinance shall comply with the specifications set forth in Figure 1 and the Table below.

Figure 1



Parking Angle

(A)

Stall Width

(B)

Curb Length

(C)

Aisle Width One Way

(D)

Aisle Width Two Way

(D)

Stall Depth

(E) Minimum Parking Space and Aisle Dimensions – Standard

0° (Parallel) 8 ft. 22 ft. 6 in. 12 ft. 20 ft. 8 ft. 30° 9 ft. 17 ft. 12 ft. 20 ft. 15 ft. 45° 9 ft. 12 ft. 12 ft. 20 ft. 17 ft. 60° 9 ft. 9 ft. 9 in. 16 ft. 20 ft. 17 ft. 6 in. 90° 9 ft. 8 ft. 6 in. 20 ft. 20 ft. 18 ft.

Minimum Parking Space and Aisle Dimensions – Handicap

30° 16 ft.

Includes HC Aisle

24 ft. Same as Standard

Same as Standard

Same as Standard

45° 16 ft.

Includes HC Aisle

20 ft. 8 ft. Same as Standard

Same as Standard

Same as Standard

60° 16 ft.

Includes HC Aisle

20 ft. 10 in Same as Standard

Same as Standard

Same as Standard

90° 16 ft.

Includes HC Aisle

16 ft. Same as Standard

Same as Standard

Same as Standard

Alternative patterns of an equivalent area may be approved by the Planning and Development Director where site conditions necessitate.

D. Handicapped Spaces Such spaces shall be located adjacent to a curb cut and near the main public entrance of the building served by the parking lot, and shall in all other respects conform to Volume 1-C of the North Carolina State Building Code.

9.1.5 Paving, Striping and Signage

A. Hard Surface

All new parking areas for commercial buildings provided under Article 6, Use Regulations, shall be paved with a typical hard surface such as asphalt, concrete, or paving brick unless: 1. An alternative surface is approved as outlined in Item C, Alternative Surface

below; or

2. Tourist Homes, as allowed under Sec.6.5.10, Tourist Homes, are exempt from requirements of Item A, Hard Surface, above.

B. Delineation of Spaces Parking spaces shall be clearly marked by a single stripe four to six (4 to 6) inches wide, except for approved alternative materials allowed in parking areas.



C. Alternative Surface In order to recharge groundwater and reduce stormwater runoff, the Town of Highlands encourages the use of alternative paving materials that might have some pervious qualities where site conditions permit. However, for the purposes of defining Built-upon Area and Stormwater Management if required, these alternative materials shall still be considered impervious. Upon review and approval by the Planning and Development Director, alternative surfaces other than the hard surfaces defined above shall be permitted, except for required handicapped spaces, under the following conditions:

1. The person requesting the alternative surface shall submit a letter and site plan

to the Planning and Development Director. Additional information shall be provided as requested by the Planning and Development Director as necessary to render an opinion;

2. The alternative surface shall be constructed of a uniform surface of gravel or

other pervious paving materials, such as turf block, pervious pavers or other decorative stone or pavers;

3. Parking stalls in alternative surface parking areas shall be delineated with

concrete curb stops, railroad ties, or other suitable means approved by the Planning and Development Director;

4. The final design of the parking area, including base course, sub-soil type and any

required storm water drains shall be reviewed and approved by the Town Engineer; and

5. No portion of an unpaved parking area shall exceed a grade of seven percent

(7%). D. Signage

1. Handicapped Spaces shall be clearly marked with a type R7-8 sign. 2. See Sec. 10.4.1, Driveway Entrance Requirements, for additional signage

requirements at non-residential driveways.

9.1.6 Responsibility for Maintenance A. Paving

Standard hard surface or approved alternate surface paving, shall be kept in good repair, and reasonably free from potholes or other deterioration of the surface. The finish surface of approved gravel surfaces shall at all times be kept free from ruts, potholes, or other irregularities by periodic scraping and addition of gravel when necessary.

B. Striping Stripes shall be replaced within a reasonable time whenever they become so faded that they become difficult to see, or whenever the parking lot is re-surfaced.



Re-painting of parking lots approved under this Ordinance where the parking lot has been re-surfaced, or re-configured, or where the original stripes can no longer be seen shall only be permitted upon issuance of a Zoning Certificate.

9.1.7 Parking Schedule

See also Sec. 9.1.1, General, Item B, Exceptions. A. Standard Calculations

The number of off-street parking spaces provided shall be at least as great as the number specified in the formula below for various uses. When application of the formula results in a fractional space requirement, the next larger space requirement shall prevail.

B. Handicapped Space Calculations In each new parking lot, at least one (1) parking space, and not less than one (1) space per twenty-five (25) spaces, shall be provided for the handicapped.

C. Uses Not Specifically Listed See Sec. 6.1.1, General, Item C, Principal Use Not Specifically Listed, for procedures to establish use regulations when a proposed use is not specifically listed.

PARKING SCHEDULE

Residential Uses Required Parking Any residential use consisting of one (1) or more dwelling units

Two (2) Spaces for each dwelling unit, except that where more than six (6) dwelling units are constructed as a multi-family use, one and two-thirds (1-2/3) parking spaces shall be provided for each dwelling unit.

Hotels and motels One (1) space for each accommodation, plus one (1) space per ten (10) spaces for employee parking.

Tourist Homes One (1) space for each accommodation, plus two (2) spaces for the owner or operator.

Public and Civic Uses Required Parking Hospitals and clinics One (1) space for each bed. Funeral parlors One (1) space for each four (4) seats in

chapel or parlor. Places of assembly, recreation, or entertainment with fixed seats

One (1) space for each four (4) seats in the principal assembly room.

Places of assembly, recreation or entertainment without fixed seats

One (1) space for each two hundred (200) square feet of gross floor space available for patron use.



Public and Civic Uses (cont.) Required Parking Day care centers

One (1) space for each four (4) pupils or participants.

Schools, elementary, junior high One (1) space for each classroom and administrative office.

Schools, senior high One (1) space for each classroom and administrative office, plus one (1) space for each twenty (20) seats, or one (1) space for each four hundred (400) square feet of area used for public assembly, whichever is greater.

Public buildings

One (1) space for each two hundred fifty (250) square feet of gross floor space.

Libraries One (1) space for each five hundred (500) square feet of gross floor space.

Commercial Uses Required Parking Electronic Gaming One (1) space for every two (2) terminals,

or one (1) space per every two hundred (200) square feet of total floor area, whichever is greater, and one (1) space per employee.

Private social clubs One (1) space for each three (3) members. Physicians' and dentists' offices Five (5) spaces per physician or dentist. Professional and business offices


Banks, savings and loans associations

One (1) space for each two hundred (200) square feet of gross floor space, plus one (1) space for each two (2) employees. A credit of two (2) spaces shall be given for each drive-through window.

Retail stores and shops of all kinds, except for furniture and carpet stores


Furniture and carpet stores

One (1) space for each one thousand (1000) square feet of gross floor space, plus four (4) spaces.

Barber and beauty shops

One-and-a-half (1.5) spaces for each chair, excluding waiting or drying chairs.

Car sales, house and truck trailer sales, outdoor equipment and machinery sales, commercial nurseries

One (1) space for each four hundred (400) square feet of sales area, indoor and outdoor.

Restaurants

One (1) space for each three (3) seats, plus one (1) space for each two (2) employees on shift of greatest employment.

Service stations

One (1) space for each lubrication rack or service bay, plus one (1) space for each employee.

Crafts fairs, flea markets, and other similar transient retail businesses

Three (3) spaces per merchant or sales booth, whichever is greater.

Article 9: Parking and Loading Section 9.2 Shared Parking for Restaurants


Shopping Centers Required Parking Residential Two (2) spaces per dwelling unit Outdoor seating for restaurants One (1) space for every three seats. All other permitted uses One (1) space per 250 square feet of gross

floor space. Wholesale, Manufacturing, & Industrial Uses Required Parking Wholesale, manufacturing, and industrial uses

One (1) space for each two (2) employees, plus one (1) space for each vehicle used directly in conducting the use.

Sec. 9.2 Shared Parking for Restaurants

9.2.1 Purpose

The Town of Highlands finds that the shared use of public on-street parking and dual-use off-street parking by restaurants in the B-2 and B-3 zoning districts is an efficient method of meeting the unique parking needs of the Town’s restaurants. The Town of Highlands further finds that the regulation of such parking as set forth in this Section will promote the public, health, safety and welfare of all of the people of the Town of Highlands.

A. Applicability

1. Public Parking Spaces and Dual-Use Parking Spaces may be used to increase

the number of seats allowed for restaurants only in the B-2 and B-3 zoning districts, and only upon full compliance with the provisions of this Ordinance.

2. Upon approval of the application required under this Section, restaurants shall be allowed to increase seating as set forth in this Section.

3. No vested rights shall be acquired by any restaurant under this Section.

B. General Limitations 1. Restaurants shall be limited to the use of a combined total of twelve (12) parking

spaces, in any combination, of Public Parking Spaces and Dual-Use Parking Spaces, for the purposes set forth in this Section.

2. A maximum of three (3) additional seats will be allowed for each Public Parking

Space and each Dual-Use Parking Space.

3. This Section shall not be construed to increase the maximum number of seats allowed for any restaurant under applicable building and fire safety codes.

4. Public Parking Spaces shall be located within 300 feet from the restaurant’s main

entrance, as measured by the shortest walking distance along existing sidewalks and designated crosswalks.

5. Dual-Use Parking Spaces shall be located no more than 500 feet from the

restaurant’s main entrance, as measured by the shortest walking distance along

Article 9: Parking and Loading Section 9.2 Shared Parking for Restaurants


existing sidewalks and designated crosswalks, and which is not separated from the restaurant by NC 106 or US 64, unless a marked and signalized crosswalk is provided for safe pedestrian access.

C. General Requirements

1. Before any restaurant is allowed additional seats under this Section, it shall first submit an application in a format specified by Article 4, Applications and Permits, and receive written approval of such application by the Planning and Development Director.

2. Along with the applications required pursuant to this Section, each restaurant shall submit an application for an amended Special Use Permit under Sec. 6.5.10, Restaurants. No application under this Section shall be granted unless and until the restaurant applies for and obtains an amended Special Use Permit.

9.2.2 Use of Public On-Street Parking

A. Public Parking Spaces shall continue to be available for unrestricted use by the

public unrelated to restaurant purposes and no restaurant shall be allowed to limit or attempt to limit the use of any Public Parking Space to its customers, employees, visitors, or vendors.

B. The Town reserves the right to move, eliminate and alter, at its sole discretion, any Public Parking Spaces, regardless of the existence of any pending or approved applications under this Section. If any Public Parking Space previously designated under this Section becomes unavailable to a restaurant, the allowable seating in the restaurant shall be reduced at the ratio of three (3) seats for every one (1) Public Parking Space lost.

9.2.3 Use of Dual-Use Off-Street Parking

A. The restaurant is required to acquire a written lease, for a term of at least ten (10) years, between the owner of the real property where the restaurant is located and the owner of the property where the proposed Dual-Use Parking Space is located, allowing for parking under the provisions of this Section, and providing for termination upon changes in schedules of use (by lessor or lessee) such that there is substantial conflicting or overlapping usage.

B. In the event of a termination, for any reason, of the lease required for herein, the approval of the restaurant’s application shall be suspended, and the restaurant shall be required to show, within thirty (30) days, that it has, under this Section or otherwise, parking spaces sufficient for the number of seats under the generally applicable parking regulations. This showing can be made by the restaurant’s reduction in the number of seats. Failure of the restaurant to make such showing shall result in a revocation of the restaurant’s zoning certificate.

C. All Dual-Use Parking Spaces will be clearly marked with appropriate signage to indicate the times that parking is allowed for the restaurant.

Article 9: Parking and Loading Section 9.3 Off-Street Loading Requirements and Standards


Sec. 9.3 Off-Street Loading Requirements and Standards

9.3.1 Dimensions and Locations Every parcel on which a sales business, trade, or industrial use is hereafter established shall provide an area for the loading and unloading of vehicles off the street. The area shall have access to an alley or, if there is no alley, to a street, and shall have minimum dimensions of twelve (12) feet by forty (40) feet. Such area may be located within an access aisle or other off-street area, provided it is accessible to delivery vehicles.

9.3.2 Schedule The number of off-street loading and unloading areas required on any parcel shall be determined according to the use for which the parcel is to be placed, all pursuant to the following schedule:

LOADING SCHEDULE

Type of Use Required Loading Retail business use

One (1) area for each five thousand (5000) square feet of gross floor area.

Wholesale and industrial uses

One (1) area for each ten thousand (10,000) square feet of gross floor area.

Truck terminals

Sufficient space to accommodate the maximum number of trucks to be stored or to be loading or unloading at the terminal at any one time.