TOWN OF DALLAS SEPTEMBER: 10, 2019 6:001 PM  MINUTES FOR BOARD OF ALDERMEN MEETING  The following elected officials were present: Mayor Coleman, Alderwoman Thomas, Alderman Huggins, Alderman Withers,  Alderwoman Morrow, and Alderman Cearley.  The following staff members were present: Maria Stroupe, Town Manager; Da'Sha Leach, Town Clerk; Tom Hunn, Town Attorney; Allen Scott, Police Chief; Tiffany Faro, Development Services Director; Doug Huffman, Electric Director; Jonathan Newton, Finance Director; Garrett Lowery, Recreation Director; Bill Trudnak, Public Works Director; Matthew Knuapp,  Assistant Fire Chief, and Earl Withers III, Fire Chief. Robert Walls, Police Captain was absent.  Mayor Coleman called the meeting to order at 6:00 pm. He opened with the Invocation and the Pledge of Allegiance to the Mayor Coleman read the meeting rules for the audience. He asked if there were any additions or deletions to amend the agenda. There were two changes: Remove Item 8B until the Work Session on September 24th, and Add a Closed Session. Alderwoman Morrow made a motion to approve the agenda with changes, seconded by Alderman Cearley, and carried  Flag followed. He welcomed everyone to the meeting.  unanimously.  Alderwoman Thomas made a motion to approve the minutes from August 20th, 2019 Regular Meeting and August 27th Work  Session, seconded by Alderman Withers, and carried unanimously.  Recognition of Citizens:  Anne Martin, 3328 Dallas High Shoals Rd., She discussed the back to school drive at the Dallas gym and gave thanks to the  Police Chief, his department, and everyone else involved in making the event great for the children. Curtis Wilson, 438S S. Gaston St., He prayed over the Town, Leadership, and the Employees.  Consent Agenda:  Fire Prevention Week Resolution (Exhibit A) Public Power Week Resolution (Exhibit B) Resolution for Asset Inventory Grant (Exhibit C)  Alderwoman Morrow made a motion to approve the Consent Agenda, seconded by Alderwoman Thomas, and carried  unanimously.  1    Public Hearings:  Item 6A was a Public Hearing for Permitted Uses Chart and Text Amendment Updated. This item was reviewed at the. July 23rd Work Session. A Public Hearing was opened at the August 20th meeting and continued due to a missing consistency statement. The Development Services Director is recommending an update to our zoning ordinance to provide additional clarity for our permitted usesi in each zoning district. Currently our permitted uses are listed as text under each zone identified, making the ordinance very lengthy and challenging to navigate. By replacing the text list with a permitted use chart- adopted as Appendix Co of our Zoning Code- we will be able to provide a quick reference for residents and businesses on our allowable uses in each zone. Along with this formatting change, an update to the permitted uses is reflected in the proposed chart. Key changes being proposed include, but are not limited to:(1) Streamlined uses within B-3 Central Business to promote more restaurant/retail activity. (2) Expansion of allowable uses in Business zones to attract new businesses as we grow. (3) Elimination of zones not currently in use - uses incorporated into existing zones instead. (4) Industrial and Business zones primarily reserved for those uses- new residential int these zones to require conditional approval. (5) Some Industrial zone uses proposed as conditional only (relating to noise levels, odor, and impact on surroundings. (6) Added uses for additional clarity that were not listed before- adult businesses, solid waste/ septic facilities, bed & breakfasts, smoke shops, fitness centers, etc. Because supplemental regulations are currently within the text of the permitted uses, Staff and Planning Board are also proposing to relocate those elements to their own section- instead of within the requirements of each specific zone. This chart, and accompanying text, are proposed to be reviewed and updated again after analysis of our current land use map, or as needed to accommodate the Town's anticipated growth. The Town will begin community engagement efforts regarding desired land use map updates in this fiscal year. Mayor Coleman asked the Board if they have any other comments orq questions. There were none. Mayor Coleman asked the audience if they have any other comments or questions. There were none. Alderwoman Thomas made a motion to exit the public hearing, seconded by Alderman Withers, and carried unanimously. Alderman Withers made a motion to approve the Chart and Text Amendment Update with the Consistency  Statement as presented, seconded by Alderman Cearley, and carried unanimously. (Exhibit D)  Item 6B was al Public Hearing on Non-Conforming Uses Text Amendment. Alderwoman Thomas made a motion to enter the public hearing, seconded by Alderwoman Morrow, and carried unanimously. The Development Service Director Ms. Faro presented that the Planning Board's request recommended for at text amendment to the Non-Conforming Uses text to expand the allowances for non-conforming uses within the B-3 Central Business District. The current text states that a non- conforming use of any building or structure whichi is damaged to an extent exceeding 50% of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, war, riots or Act of God, shall be discontinued, and such building or structure shall thereafter be used onlyi in conformance with the provisions of the zone in which located. The proposed amendment would allow current non-conforming uses that located within B-31 that have been in operation for 5+ years to resume activities at their current location ini the event of damages to the building or structure- regardless oft the extent, as long as the use was resumed within 91 months. The consistency: statements were read to the Board and audience. Mayor Coleman asked the audience if they have any other comments or questions. Audience member Mike Fields questioned further consideration of the timeline for repairs due to the timing needed when dealing with lengthy processing with insurance companies. Ms. Faro responded. Town Attorney Mr. Hunn asked for clarification on thet timeline to ensure the change is suitable to alli instead ofa a case by case situation. The Board decided that this item will need more time to clear upt the verbiage before an official vote. Alderwoman Morrow made a motion to continue until October gth, 2019 Regular  Board Meeting, seconded by Alderman Withers, and carried unanimously. (Exhibit E)  2    Public Hearings continued:  Item 6C was al Public Hearing on Ordinance Enforcement: Criminal VS. Civil. Alderwoman Thomas made a motion to enter the public hearing, seconded by Alderman Withers, and carried unanimously. The Development Services Director Ms. Faro requested at transition from criminal enforcement of the Town's nuisance ordinances to civil enforcement, which requires the approval of several text amendments. The ordinances read that violators shall, upon conviction, be guilty ofa a misdemeanor and subject to ai fine not to exceed $50 or imprisonment not to exceed 30 days, and each day that any of the provisions violated shall constitute a separate offense. The enforcement method in place now requires a significant amount of staff time and resources with no guaranteed abatement action. A1 transition to civil penalties allows Development Services and/or Public' Works to handle both the notice and penalty of these violations. Since civil penalties can accrue daily until cleanup occurs, and are collectable in a variety of methods including court action, NC Debt Setoff, and/or property liens, staff anticipates increased compliance with the necessary abatement of violations. While iti is legal to retain criminal enforcement while adding civil penalties, the North Carolina Supreme Court has held that ifal local ordinance is criminally enforceable under G.S. 14-4, then the clear proceeds of any civil penalty ori fine assessed for a violation oft the local ordinance must be remitted to the local school administrative unit(s) in the county in which the penalty or fine was assessed. This item was discussed at the August 27th Work Session andi is readyf for approval. Mayor Coleman asked the audience if they have any other comments or questions. Mr. Queen said he has a nuisance problem with racoons. Alderman Withers made a motion to exit the public hearing, seconded by Alderwoman Morrow, and carried unanimously. Alderman Withers made a motion to approve as presented, seconded by Alderman Cearley. Yays were Alderman Withers, Alderman Cearley, Alderwoman  Morrow, and Alderman Huggins. Nay Alderwoman Thomas. (Exhibit F)  Old Business: NONE New Business:  Item 8A was a Request for the Annual Crop Walk. This eventi is a fundraiser and it will be held on Sunday, October 20, 2019 from 2:00pm to 4:30pm at Cloninger Parki in Dallas. The estimated attendance will be approximately 110 people. This event has been very successful in the past years and iti is open to the general public. Alderwoman Morrow made a motion to  approve, seconded by Alderman Cearley, and carried unanimously. (ExhibitG)  Item 8B was the Code Enforcement Position. This item was removed from the agenda and will be discussed on September  24th 2019 Work Session. (Exhibit H)  Manager's Report and General Notices:  -The last Cruise-In and Concert will be on Saturday, September 14hfeaturing 20 Ride.  -FUSE Ground Breaking Ceremony willl be on October 3rd at 5pm and they would like an RSVP for any Board members that -NCDOT projects are on hold, including Hwy 279, and 185. The CMAP project has been through processing and the approval  plan to attend.  should come in by the end oft the month.  3    Closed Session  Alderman Huggins made a motion to go into Closed Session to discuss instructing the public body'ss staff or negotiating agents concerning the position to be taken by or on behalf of the public bodyi in negotiating the price and other material terms ofa contract or proposed contract for the acquisition or real property by purchase, option, exchange, or lease as provided for in Alderman Withers made a motion to exit the Closed Session, seconded by Alderman Cearley, and carried unanimously. (7:20)  G.S. $143.318.11., seconded by Alderman Withers, and carried unanimously. (6:46)  No Action was taken.  Alderman Withersmade a motion to adjourn, seconded by Alderwoman Morrow, and carried unanimously. (7:24)  Ruk Lolema Rick Coleman, Mayor  Da'Sha  B  Leach, Town Clerk  EORICT DALL  8  4  CAR    EXHIBIT A  Proclamation For Fire Prevention Week 2019  WHEREAS, the Town of Dallas, NCi is committed to ensuring the safety and security of all those living in and WHEREAS, firei is a serious public safety concern both locally and nationally, and homes are the locations where WHEREAS, the majority ofU.S. fire deaths (4 out of5) occur atl home each year and home fires killed2,630 people in the United States in 2017, according to the National Firel Protection Association (NFPA), and fire departments  visiting Dallas; and  people are at greatest risk from fire; and  int the United States responded to 357,000 homef fires;and  WHEREAS, in1 1980; and hazards; and  toUS-fre-deparments was 4%1 higher in 20171 than  WHEREAS, Dallas' residents should identify places in their home where fires can start and eliminate those WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half, sO residents should install WHEREAS, residents should listen fort the sound ofthe smoke alarm and when it sounds respond by going outside immediately to a designated meeting place, as those whol have planned and practiced a home fire escape plan are  UC  smoke alarms in every sleeping room, outside each separate sleeping area, and on every level of the home; and  more prepared andwill therefore be morel likely to survivea fire;and escape on their owni in case adults can't! help them; and  WIEREAS,residents should makeal home escape plan, practice the home escape plan, and teach children to WHEREAS, residents should make sure everyone in thehome knows how to call 9-1-1 fromacell phone ora a VIEREAS.rsdmssioNe getout and stay out, never going back inside the home for people,pets, or things; WHEREAS, firefighters are dedicated toi reducing the occurrencer ofl home fires and home firei injuries through WHEREAS, the 2019 Fire Prevention Week them, "Not Every Hero Wears a Cape., Plan and Practice Your Escape!" effectively serves to remind us that we: need to take personal steps to increase our safety from fire. NOW, THEREFORE, BEI IT PROCLAMED, that the Town ofDallas formally designates October 6-12, 2019 as Fire Prevention Week and urges all residents of Dallas to be aware oftheir surroundings, look for available ways out in the event ofaf fire or other emergency, respond. when thes smokealarm.sounds by exiting thel building immediately, and to  neignporsphone,and  and  prevention and protection education; and  support the many public safety activities and efforts ofDallas' ficandemerenysemics.  Adopted this the 10th day of September, 2019.  DALL 4 SORIC 1 8 Bnll 6 3  RiCobona  Rick Coleman, Mayor 8  Attested by:   - Da'Sha Leach, Town Clerk    EXHIBIT B  Proclamation For Public Power Week 2019  WHEREAS, public power is a crucial component in cities and towns across North Carolina, contributing to the overall health ofcommunities by providing reliable electricity, excellent local service and  prompt restoration; and across the country; and more than 100 years; and WHEREAS, electricity consumers; and  WHEREAS, North Carolina's more than 70 public power cities and towns are among more than 2,000 WHEREAS, many ofl North Carolina's publicpower citiesandt towns have been electric providers for  meets power public  ORIE  the electrici needs  DAL  of401 millionAmericans, almost 15 percent of  WHEREAS, North Carolina's s public power utilities are valuable community assetsthat contribute to WHEREAS, North Carolina's public power utilities are dependable institutions that provideexcellent NOW BEITI PROCLAMED, that the week of October 6-12,2019, is Public Power Week, a week to promote North Caroina'spubiepower cities andtowns for their contributions to their communities and to recognize the TownofDallas Electric Départment for their dedication and service to the citizensofthis  the well-being ofthe community and provide economic development opportunities; and  service and a commitment to community.  community.  Adopted this the 10th day of September, 2019.  Rak Colm  Rick Coleman, Mayor  Da'Sha Leach, TownClerk  2  DALL  TH  3  E    EXHIBIT C  Approval to Apply for State Grant Assistance for an Asset Inventory and Assessment  of the Town's Water System  WHEREAS, The Federal Clean Water Act Amendments of 1987 and the North Carolina Water Infrastructure Act of2005 (NCGS $159G) have authorized the making ofl loans and grants to aid eligible units of government in financing the cost of construction ofwater treatment works and drinking water distribution  systems; and  WHEREAS, The Town of] Dallas has need for and intends to conduct an asset inventory and assessment ofits drinking water treatment and distribution system in ordert to manage its water assets in ai manner that meets the required level of service in the most cost-efficient manner for present and future customers and to  help plan for and prioritize future capitali improyements; and  WHEREAS,  D41  TheTownofDallas intends to requeststate grantassistance for the project:  NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN That theTown of Dallas, the Applicant, will provide funding for all remainingcostsofthe project, if That the Applicant will utilize the information provided by this project for the efficient operation, That Town Manager Maria Stroupe, the Authorized Official, and successors sO titled, ishereby authorized to execute and file an application on behalf of the Applicantwith the State ofl North Carolina fora  OFDALLAS:  approved for a State grant award;  maintenance, and improvement ofits water.treatment: and distribution system;  grant to aidi in the construction ofthe project described above;  That the Authorized Official, and successors sO titled, is hereby authorized and directedt to furnish such information as thea appropriate State agency may request in connection with such application or the project; to make the assurances as contained above; and to execute such other documents as may be required in connection  with the application; and  That the Applicanthas substantially complied or.will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans  pertaining thereto.  Adopted this the 10th dayo ofSeptember, 2019 at Dallas, North  Rk  RickColeman, Mayor    Attested by: Da'Sha Leach, Town Clerk L    8 6 3  CARO    EXHIBIT D  Consistency Statement: Permitted Uses Revisions  The proposed update oft the Town's permitted uses chart and consolidation of ordinances guiding land use and development across allz zonesi is consistent with the adopted 2003 Land Use Plan as it promotes al healthy and vibrant downtown area, provides for a mix of housing choices that complements the Town's character, and allows for further development of both office and industrial sites within the community. These text amendments are therefore deemed reasonable and int the public's besti interest in order to clarify permitted uses for residents and developers alike, and promote targeted and  intentional development across all zones within Town limits.  Applies to: 153.020, 153.022, 153.026, 153.027, 153.028, 153.029, 153.030, 153.031, 153.032, 153.034,  153.035, 153.038,153.040, 153.041, 153.045, 153.051 (NEW), Appendix C( (NEW)  Culchho Curtis Wilson, Chairman  Bil/9  Date    EXHIBIT D  153.020 TOWN DIVIDED INTO ENUMERATED ZONES.  In order to regulate and limit the height and size of buildings; to regulate and limit the intensity of the use of lot area; to regulate and determine the areas of open spaces surrounding buildings and to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses, the-town is hereby divided into the following zones.  (A) R-15 Single-Family Residential. (B) R-12 Single-Family Residential. (C) R-10 Single-Family Residential. (D) R-8 Multi-Family Residential. (E) R-6 Multi-Family Residential. (F) Oand I-1 Office and Institutional. (G) BC-1 Shopping Center. (H) B-1 Neighborhood Business. () B-2 Highway Business. (J) B-3 Central. Business. (K) B-3P Central Business District Perimeter. (L) I-2 General Industrial. (M) RMF Multi-Family District. (N) RMF-H High Density Multi-Family District  $153.022 R-15, R-12 AND R-10 ZONES: SINGLE-FAMILY RESIDENTIAL. (A): Permitted uses. Refer to the Permitted Uses Chart (Appendix C)  Within the R-15, R-12 and R-10 Zones as shown on the zoning map of the town, incorporated by reference  ing 153.021, the following regulations shall apply.  (B) Lot area and width, yards and building height requirements. The requirements set forth in the Appendix A: Yard and Height Requirements for Residential Districts and Appendix B: Yard and Height Requirements (C) Off-street parking. Off-street parking shall be provided by all uses as required by S 153.042. (D) Signs. The requirements set forth in the sign regulations, SS 153.080through 153.087, shall apply. (E) Site plan. As an initial step in applying for the issuance of a building permit for the construction, alteration, or expansion of any structure housing a municipal, county, state, federal or other governmental use, a site plan shall be submitted which shall include the following grading, engineering design, construction size, height, shape and location of the building, location and design of parking areas, pedestrian and vehicular circulation on site, and plans for collecting and depositing storm water and natural or artificial watercourses. The site plan must be approved by the Town Clerk and by the Building Inspector before the building permit is issued; however, if the site plan is disapproved the applicant may appeal such decision to the town Planning Board and then to the Board of Aldermen. The structure housing such municipal, county, state or federal use must be constructed, altered or expanded in accordance with the site plan before a  for Business Districts shall govern.  certificate of occupancy is issued by the Building Inspector.    EXHIBIT D  $ 153.026 R-8 AND R-6 ZONES: MULTI- FAMILY RESIDENTIAL.  Within the R-8 and R-6 zones as shown on the zoning map, incorporated by reference in $ 153.021, the  following regulations shall apply.  (A) Permitted uses- Refer to the Permitted Uses Chart (Appendix C).  (B) Lot areas and width, yards and building height requirements. The requirements set forth in Appendix A: Yard and Height Requirements in Residential Districts and Appendix B: Yard and Height Requirements in (C) Off-street parking. Off-street parking shall be provided by all uses as required in $ 153.042. (D) Signs. The requirements set forth ini the sign regulations, SS 153.080 through 153.087, shall apply.  Business Districts shall govern.  $153.027 MOANDIZONES: MEDICAL AND OFFICE INSTITUTIONAL. (Remove)  $153.028 o AND I-1 ZONES: OFFICE AND INSTITUTIONAL.  Within the O and I-1 zones as shown on the zoning map, incorporated by reference in $ 153.021, the  following regulations shall apply.  (A) Permitted uses- Refer to the Permitted Uses Chart (Appendix C)  (B) Required lot ared, lot width, yards and building height. For all permitted uses the requirements of the (C) Off-street parking. Off-street parking space shall be provided in accordance with $ 153.042. (D) Off-street loading. Off-street loading space shall be provided in accordance with $ 153.044. (E) Signs. For the purpose of advertising any use permitted in this zone, the regulations of SS 153.080  R-6: zones shall apply in this zone.  through 153.087 shall apply.  $153.029 O AND I-2 ZONES: OFFICE AND INSTITUTIONAL. (Remove) $153.030 A-1 ZONES: ADVERTISING SIGN DISTRICT. (Remove)  $153.031 BC-1 ZONE: SHOPPING CENTER. the following regulations shall apply.  Within the BC-1 zones as shown on the zoning map of the town, incorporated by reference in $ 153.021,  (A) Permitted uses- Refer to the Permitted Uses Chart (Appendix-) (B) Required screening areas building coverage and yards.  (1) Ascreen containing a mixture of deciduous and evergreen trees spaced in a staggered trianguiar pattern not more than ten feet apart and containing not less than two rows of dense plant materials shall be planted in ai fifteen-foot buffer strip along such rear or side lines, either or both. The same shall be planted at an initial height of at least three feet and shall be of such variety that an average height of six feet can be expected by normal growth within four years from the time of initial planting. No plant material which would be a host to insects, would affect the plants on adjoining property, or would spread disease, can be used; and all plant materials must be nursery grown and conform to the guidelines as published by the American Association of Nurserymen in their 1959 edition. All plant materials shall be planted at least three feet from the side or rear lot line of adjoining property and shall be planted in the required buffer strip prior to the issuance of a certificate of occupancy by the Inspections Superintendent.    (2) Not more than 30% of the zoned area shall be covered by buildings.  EXHIBIT D  (3) No building shall be closer than 20 feet to any exterior lot line or closer than 100 feet to any street (4) The tract of land upon which the proposed shopping center is to be erected must contain at least (5) ABC-1 Shopping Center zone shall abut an existing or a proposed major thoroughfare for minimum  right-of-way in a BC-1 Shopping Center zone.  five acres.  distance of 400 feet and shall have a minimum average depth of 5501 feet.  (C) Height. Not to exceed 40 feet.  (D) Off-street parking. Off-street parking shall be provided for all uses as required by $ 153.042. (E) Off-street loading and unloading. Off-street loading and unloading space shall be provided by all (F) Signs. For the purpose of advertising and use permitted in this zone the regulations of SS 153.080 (G) Data to be submitted with petition. The applicant for this classification shall present to the town Planning Board the following items for consideration at the time the petition for rezoning is filed. (1) Avalid market analysis indicating the economic feasibility of the proposed development by  uses as required by $ 153.044. through 153.087 shall apply.  outlining:  (a) The trade area of the proposed shopping center; (b) An estimate of the trade area population, present and future;  (c) An estimate of the effective buying power of the trade area, both existing and proposed; (d) An estimate of the nef potentidl customer buying power for stores in the proposed development; (e) An estimate of the amount of retail sates floor space in square feet currently lacking in the trade (2) A: statement indicating redidiness to proceed with the proposed development by filing with the Zoning Officer an agreement signed by the owner or owners of the proposed development that actual construction shall begin within one year from the date final plans for the shopping center are approved and shall be prosecuted to completion within a reasonable period of time thereafter. In the event the town Planning Board and the Board of Aldermen find that the intent of this paragraph has been met or construction has not commenced within said one-year period, proceedings may be instituted for rezoning the area to its original classification. It is not the intent of this section, however, to prohibit a reasongble (3) The preliminary site plan and the preliminary construction plan of the proposed development. (1) The preliminary site plan shall be prepared on a 30" by 42" sheet of reproducible material using  ared.  extension of the one-year limit by the Board of Aldermen.  (H) Preliminary plan.  the largest scale possible and shall contain:  (a) Dimensions of the property and adjacent lots and streets;  (b) Location and proposed use of all buildings with dimensions and approximate ground floor area (c) Topography of existing ground and paved areas and elevation of street alleys, utilities sanitary (d) Plans for collecting and disposing of storm water and treatment of natural and artificial water  thereof;  and storm sewers, buildings and structure;  courses;    General indication  EXHIBIT  (e)  of proposed grading, surface drainage, terraces retaining wall heights,  D  grades on paved areas and ground floor elevations shown by contours or spot elevations; (f) Parking areas with all spaces shown and dimensions thereof; (g) Service area, truck loading facilities, service drives and dimensions thereof; (h) Pedestrian walks or walkways with dimensions thereof; (1) Drives and access to parking spaces with dimensions thereof; (k) Distances between the buildings and the property lines; (1) Locations of plantings, waits and screening;  (i) Curb cuts and points of ingress and egress and all sidewalks with dimensions thereof;  (m) Name and address of the development. name and address of the developer, date and scale of  the plan, and the name of the person or firm preparing the plans; (n) Vicinity map at a scale of 1 inch to 1,000 feet.  (2) The preliminary construction plan, the preliminary site plan and a detailed perspective drawing of the shopping center representing the general appearance of the buildings and grounds from the major thoroughfare must be prepared by a person authorized by law to prepare the same. (3) Recommendations and suggestions concerning the preliminary plans for the proposed shopping center by the town Planning Board shall be upon the findings that the plans for the development are such that traffic hazards and congestion will not be created within the development and upon the public streets at the point of ingress and egress to the development and that the plans of a shopping center. Dedication of additional right-of-way for public street purposes may be required to resolve potential traffic hazards and congestion. The lack of minimum yard dimensions does not imply the lack of need for such minimum dimensions. The absence of minimum yard dimensions is to provide for flexibility and imagination in design of the development. The purpose of a preliminary site plan, preliminary construction plan and perspective drawing of the shopping center is to enaible the town Planning Board to review the same in order that it say recommend and approve said plans prior to presentation of the written recommendation and report to the Board of Aldermen. In each case consideration shall be given to the location of the various facilities and (4). The Board of Aldermen may refuse to approve a preliminary site plan or a preliminary construction plan on the grounds that either fails to provide unity of development with other business uses in the same zone, or that either fails to adequately protect residential uses in adjacent zones from the adverse effects of ab business operation, or that either proposal fails to provide safe conditions for pedestrians and motorists or (5) Preliminary plans for the entire shopping center shall be prepared; however, a section consisting of at least 33% of the total proposed area contained in the shopping center or a section of the shopping center consisting of not less than five separate buildings, each housing a separate use, may be designated  buildings on the premises and minimum yard dimensions.  that either plan fails to conform with the requirements of this chapter.  for immediate development and final plans prepared for that section only.  () Final plans.  (1) At final construction plan shall be prepared and shall include the following:  (a) Detailed perspective drawing of the shopping center showing the appearance of the buildings (b) Detailed final construction plans for purposes of building inspection to include elevations of every (2) The final site plan shall be prepared on a 30" by 42" sheet of reproducible permanent base  and grounds from the major access street;  building from all sides at a scale of not less than 1/8 inch to 1 foot. material using the largest scale possible and shall include the following: (a) Dimensions of the property and adjacent lots and streets;    (b) Location, ground floor area and proposed use of the buildings with all dimensions thereof; EXHIBIT D  (c) Parking area with all spaces shown and dimensions thereof; (d) Service area, truck loading facilities, service drives and dimensions thereof; (e) Pedestrian walks or walkways with dimensions thereof; (f) Drives and access to parking spaces with dimensions thereof; (h) Distances between the buildings and the property lines; (i) Location of plantings, walls and screening; plant and person or firm preparing the plan.  (g) Curb cuts and points of ingress and egress and all sidewalks with dimensions thereof;  Name and address of the development, names and addresses of the developers, date, scale of (3) The final site plan shall show all the information required of the preliminary site plan but the information shown shall be specific, precise and accurate to usual and recognized professional standards (4) A design of the storm sewerage system shall be submitted to the Town Clerk for his approval. (5). The final site. plan and final construction plan for the proposed development or changes within the development shall be submitted by the developer to the town Planning Board for its approval. After such approval is granted, the Building Inspector shall, if other pertinent town ordinances have been complied with, issue a building permit for the construction alteration or expansion of any building within a BC-1 Shopping (a) Construction of at least five separate buildings housing at least five separate units or construction of at least 33% of the total proposed area contained in the shopping center, whichever is greater, must be (b) No building shall be occupied within a BC-1 Shopping Center zone until a certificate of occupancy shall have been issued by the Building Inspector and no certificate of occupancy shall be issued unless the approved final plans have been substantially followed as to each completed building and the use (c): The Inspection Superintendent may issue a certificate of occupancy for any completed structure or building even though some other structures shown in the approved final plans at the time are under (d) Acertificate of occupancy shall not be issued for the buildings constructed until all drives, walks, parking spaces, screening and truck loading and unloading facilities shall have been provided and (6) Pursuant to the same procedure and subject to the same limitations and requirements set forth in this  and not general in nature.  Center zone upon application by the developer provided:  commenced initially thereafter, the developer may construct on building at a time.  of same complies with this chapter.  construction.  substantially improved as shown on the final plans as approved.  section, a site plan may be amended or revised, either partially or completely.  $153.032 B-1 ZONES: NEIGHBORHOOD BUSINESS.  Within the B-1 zones as shown on the zoning map, incorporated by reference in $ 153.021, the following  regulations shall apply.    (A) Permitted uses- Refer to the Permitted Uses Chart (Appendix C)  EXHIBIT D  (B) Required lot ared, lot widths and yards. Buildings used wholly or in part for residential purposes shall comply with the requirements for R-6 zones. Buildings used for other permitted uses shall have a minimum front yard of 30 feet, provided that where the lot abuts on the side or rear of a residential zone, such buildings shall have a minimum side yard of eight feet on the abutting side. and a minimum rear yard of 20 feet on the abutting rear. For the purpose of this provision. where properties are separated by a street, or  alleyway such properties are deemed abutting.  Height. All buildings shall comply with the height requirements for residential Zones.  (D) Off-street parking. Off-street parking space shall be provided by all uses as required by S 153.042. (E) Off-street loading. Off-street loading space shall be provided by all uses as required by $ 153.044. (F) Signs. For the purpose of advertising any use permitted in this zone the regulations of SS 153.080  through 153.087 shall apply.  $153.033 B-2 ZONES: HIGHWAY BUSINESS. the following regulations shall apply.  Within the B-2 zones, as shown upon the zoning map of the town, incorporated by reference in $ 153.021,  (A) Permitted uses- Refer to the Permitted Uses Chart (Appendix C)  (B) Required lot area, lot widths and yards. Buildings or structures used wholly or in part for residential purposes shall comply with the requirements for R-6 zones. Buildings used for other permitted uses where the lot abuts on the side or the rear of a residential zone shall have minimum side yard of eight feet on the abutting side, and a minimum rear yard of 20 feet on the abutting rear. For the purpose of this provision, where properties are separated by a street or alleyway, such properties are deemed abutting. (C) Height. All buildings. shall comply with the height requirements for residential zones. (D) Off-street parking. Off-street parking shall be provided by all uses as required by $ 153.042. (E) Off-street loading and unloading. Off-street loading and unloading space shall be provided by all (F) Signs. For the purpose of advertising any use permitted in this zone the regulations of SS 153.080  uses as required by $ 153.044. through 153.087 shall apply.  $153.034 B-3 ZONE: CENTRAL BUSINESS. the following regulations shall apply.  Within the B-3 zones as shown on the zoning map of the town, incorporated by reference in $ 153.021,  (A) Permitted uses- Refer to the Permitted Uses Chart (Appendix C)  (B) Required lot area, lot widths and yards. Buildings or structures used wholly or in part for residential purposes shall comply with the requirements for R-6 zones. Buildings used for other permitted uses where the lot abuts on the side or the rear of a residential zone shall comply with the provisions of $ 153.044(B). (D) Off-street loading and unloading. Off-street loading and unloading space shall be provided for all (E) Signs. For the purpose of advertising any use permitted in this zone the regulations of SS 153.080(B),  (C) Height. No building or structure shall exceed 80 feet in height.  uses as required by $ 153.044.  153.081, 153.085(E) through (H) and 153.086 shall apply.    EXHIBIT D  $153.035 B-3P ZONE: CENTRAL BUSINESS DISTRICT PERIMETER.  Within the B-3P zones as shown on the zoning map of the town, incorporated by reference in $ 153.021,  the following regulations shall apply.  (A) Permitted uses- Refer to the Permitted Uses Chart (Appendix C)  (B) Required lot area, lot widths and yards. Buildings or structures used wholly or in part for residential purposes shall comply with the requirements for R-6 Zones. Buildings used for other permitted uses where the lot abuts on the side or the rear of a residential zone shall comply with the provisions of $ 153.044(B).  -) Height. No building or structure shall exceed 80 feet in height.  (D) Off-street parking. Off-street parking shall be provided shall by all uses as required by $ 153.042. (E) Off-street loading and unloading. Off-street loading and unloading space shall be provided by all (F) Signs. For the purpose of advertising any use permitted in this zone the regulations of SS 153.080  uses as required by $ 153.044. through 153.087 shall apply.  $153.036 B-4 ZONES: GENERAL BUSINESS. (Remove) $153.037 I-1 ZONES: LIGHT INDUSTRIAL. (Remove) $153.038 I-2 ZONES: GENERAL INDUSTRIAL. following regulations shall apply.  Within the I-2: zones as shown on the Zoning map of the town, incorporated by reference in $ 153.021, the  (A) Permitted uses- Refer to the Permitted Uses Chart (Appendix C)  (B) Required lot area, lot widths and yards. Buildings used wholly or in part for residential purposes shall comply with the requirements for R-6 zones. Buildings used for other permitted uses where the lot abuts on the side or the rear of a. residential zone shall comply with the provisions of $ 153.032(B). (C) Height. Buildings used wholly or in part for residential purposes may exceed 35 feet in height but for each five feet or fraction thereof of additional height above 35 feet, each yard shall be increased five feet (D) Off-street parking. Off-street parking spaces shall be provided as required by $ 153.042 (E) Off-street loading and unloading. Off-street loading and unloading space shall be provided as (F) Signs. For the purpose of advertising any use permitted in this zone the regulations of SS 153.080  over the minimum, requirements.  required by $ 153.044. through 153.087 shall apply.  $153.039 I-2L ZONE: GENERAL INDUSTRIAL LIMITED. (Remove) $153.040 EI-1 ZONES: EXCLUSIVE INDUSTRIAL. (Remove) $153.041 EX-1 ZONES: EXTRACTIVE INDUSTRIAL. (Remove)    EXHIBIT D  $153.045 NON-CONFORMING USES, BUILDINGS AND STRUCTURES.  (A) Non-conforming uses.  (1) A non-conforming use shall not be extended; except, however, a non-conforming use of any building may be extended to any portion or portions of said building which were at the time such use (2) No structural alterations shall be made in a building housing a non-conforming use, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building. (3) The non-conforming use of any building or structure which is damaged to an extent exceeding 50% of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, war, riots or Act of God, shall be discontinued, and such building or structure shall thereafter be used only in conformance Any non-conforming use in existence 5 years prior to August 20, 2019 that is located within' the B-3 Central Business District may continue to operate as its current non-conforming use in the event that the building or structure housing the non-conforming use is damaged by fire, flood, explosion, earthquake, war, riots or Act of God, regardless of the extent of damages, as long as business operations are not (4) A non-conforming use shall not be changed to any but a conforming use. When a non-conforming use has been changed to a conforming use it shall not be changed again to any non-conforming use. (5) No changes shall be made in the landscaping, grading of the lot, or external appearances of a non-conforming use without the grant by the Board of Adjustment of a special exception authorizing such change. The Board shall grant such an exception only upon an affirmative finding that the proposed change will have no adverse effect upon neighboring properties or upon the public and safeguards upon any such special exception which it grants for the further protection of neighboring properties in the public welfare. (B) Non-conforming buildings or structures. Non-conforming buildings or structures shall be allowed to (1) A non-conforming building or structure shall not be extended unless such extension shall comply with (2)- An non-conforming. building or structure which is damaged to an extent exceeding 75% of its then reproduction value, exclusive of foundation by fire, flood, explosion, earthquake, war, riot or Act of God, (3) Non-conforming signs or billboards shall be eliminated or changed to conform with the provisions of  became non-conforming manifestly arranged or designed for such use.  with the provisions of the zone in which located.  discontinued for longer than 9 months.  remain subject to the following provisions:  all the requirements of this chapter for the zone in which it is located.  shall not be reconstructed except in conformance with the provisions of this chapter. this chapter within 18 months of the date such signs or billboards become non-conforming.  $153.051 SUPPLEMENTAL USE REGULATIONS  (A) Auto Service Stations located within Shopping Centers must meet the following criteria for approval: Auto service/ stations are within shopping centers are permitted to sell tires, tubes, gasoline, oil and other lubricants, motor and tire accessories and similar products; permitting the storage of tires, tubes, accessories and similar products and permitting minor repair work limited to the following: (a) Servicing of spark plugs, batteries and distributors and distributor parts. (b) Tire servicing and repair, but not recapping or regrooving.  (c) Replacement of mufflers and tail pipes, water hose, fan belts broke fluid, light bulbs, fuses, floor mats seat belts, seat covers, windshield wipers and wiper blades, grease retainers, wheel  bearings, mirrors and the like.    (d) Radiator cleaning and flushing. (e) Providing and repairing fuel pumps, oil pumps and lines. () Minor servicing and repair of carburetors. (g) Emergency wiring repairs. (h) Adjusting and repairing brakes.  EXHIBIT D  (1) Minor motor adjustments not involving removal of the head or crankcase or racing the motor. 1.All of the aforesaid minor repair work, but excluding the normal servicing of automobiles, 2. The auto service station shall be designed as an integral part of the shopping center. a. The Board of Aldermen may refuse to permit an auto service station to be erected in aproposed shopping center on the grounds that it fails to provide unity of development with other business uses ini the same: zone or that it fails to adequately protect residential uses in adjacent zones from the adverse effects of a business operation, or that the proposal fails to provide safe conditions for pedestrians and motorists, or that the plan fails to conform with the requirements of this chapter; but not on the grounds that architectural designs or building materials are esthetically  must take place within an enclosed structure on the premises.  unsatisfactory.  (B) Electronic gaming operation(s) must meet the following criteria for approval:  1. That such uses provide, at minimum, off-street parking consistent with off-street parking requirements, $ 153.042(), Other Business or Service Uses, and requiring one parking space for each 200 square 2. That no electronic gaming operation be located within 500 linear feet of the property line of any church/house of worship or any public or private elementary, middle, or high school, library, public 3. That no two electronic gaming operations be located within 1,000 linear feet of each other. 4. That no electronic gaming operation have more than 25 total electronic gaming machines or 5. That electronic gaming operations shall apply for and obtain a business registration from the Town to operate, and have fully paid, up-to-date, all required fees as prescribed by the Town of Dallas. 6. That electronic gaming operations shall be further regulated by Chapter 113: Game Rooms of the 7. That during hours of operations; electronic gaming operations shall be open for direct, unobstructed access by all safety and enforcement personnel, and that all exit doors shall remain unlocked while 8. No one under the age of 18 be allowed within the premises of an electronic gaming operation. (C) Mobile/ Manufactured Homes Must be Class A, and located in the R-6 zone only within approved  feet of gross floor ared.  park or playground, day care center, or residential-zoned district.  terminals.  Dallas Code of Ordinances. patrons are on the premises.  mobile home parks or subdivisions.  (D) Promotional Activities must meet the following criteria for approval:  1. Be sponsored by or for trade or professions associations, or for civic, religious, charitable or 2. No gaming, gambling, or similar (related) activities are permitted to be conducted as part of or 3. Noi temporary permitted use shall be permitted for a period of time exceeding ten consecutive 4. No temporary use shall begin until 9:00 a.m. and shall not extend beyond 12:00 midnight. 5. No permit for a temporary permitted use shall be granted by the! Zoning Officer until permission 6. No temporary permitted use shall be located within 400 feet of a residential use. (E) Public or private golf courses, non-commercidl swimming or tennis clubs, and country clubs subject to the following requirements: buildings, tennis courts and swimming pools shall be located at least 20 feet  eleemosynary groups. accessory to the temporary use.  days.  therefore has first been granted by the Board of Aldermen.  from any exterior lot line, on a site containing three acres or more.    EXHIBIT D  (F) Temporary uses including a building or trailers, both residential and commercial, are oniy permitted in conjunction with authorized construction; and are subject to the following conditions: (2) The construction shall commence prior to or simultaneously with the temporary use; and (3)A A permit for such use must be secured from the Building Inspector who may not issue a permit for a longer period than six months at any one location without an order from town Planning Board. (4) Classroom trailers designed to be utilized by a public school provided a permit for such use is secured from the Building Inspector who may not issue such permit for a longer period than 12 months at any  (1) No living quarters are provided in such building or trailer;  one location without an order from the town Planning Board.    EXHIBIT D  APPENDIX C  Residential  Office  Business  Industrial  R-15 R-12 R-10 I R-8 R-6 I RMF I RMF-H O&I-1 BC-1 B-1 B-2 B-3 B-3P I-2  PERMITTED USES (any user nots specified! belowise eligiblet toa applyf for conditionalz zoninga approval)  RESIDENTIAL Single-f familyc dwellings. Manufactured/ Mobilel Homes Trailer Camps/ Mobile! Home Parks Multi-family Residential Fraternities Homesf fort thea aged: andi infirm Mixed Use Residential Nursingh homesf forc chronic ord convalescent patients TRAVEL AND TOURISM Boarding andr rooming! houses Motel/ /Hotel Beda andB Breakfastinn Touristh Homes MUNICIPALPUBLIC Assembly Hall Cemeteries Municipal, county,s statea andf federalu usesn not involving thec outdoors storage ofe equipmentor x X X materials Publici libraries, publicr museums anda art galleries. Public orp private utilitiest buildingsa and appurtenances, nott toir includet theo outdoor storage of equipmento orr materials Publicu utilitys storageo ors servicey yards PROFESSIONAL SERVICES Offices rendering professional services Agencies offerings specialized Servicesr not involving retail trade ori inventory business offices Datap processing and computer centers BUSINESS AND RETAIL Automotive Autop parts ands supplies (new) Autop parts ands supplies (used) Autos sales Autos Service/Repair stations Automobile Garages CarV Wash Gass Stations Parkingl lotsr notf forp publicu use (principal use) Trailer Salesa ands Service Services Banks andf financiali institutions Barbers shops orb beautys shops Dryc cleaning establishments (drop-offo only) Exterminator Office Funeral! Homes Laundry pickups stations, launderettes: and laundromats Radioa andt televisionr repairs shops. Shoer repairs shops Tailors shops Upholsterys shops Food & Drink Alcoholic beverage packages stores Bakes shops ando dairybars confectioneries delicatessens Eating ando drinking establishments Grocery stores Microbreweries  X X C C C X X X X X X  X X X X X X X  C C C C C C C  X  C  C C  C C C X X X X x x X X x X X X  X X X % X X X X x X X: x X X  X X X X X x x X x x X X X x X X X X x X X X x x X X X X X X X X  X x x X X X X X X X x x X X X X X X X X C x X X x X X C X X X X X X x X X X  X  A  x:Permitted! byR Right*  C:Conditional"  "SUPPLEMENTALI REGULATIONS MAYA APPLY- CHECK TOWNO ORDINANCES    EXHIBIT D  APPENDIXC  Residential  Office  Business  Industrial  R-15 TR-12 TR-10 - R-8 R-6 RMF I RMF-H O6I-1 BC-1 B-1 B-2 B-3 B-3P 1-2  PERMITTED USES (any user nots specifiedb belowi ise eligible to applyf ford conditional: zoninga approval)  Retail Adult Use/s SexuallyE Explicit Retail Antique shops Apparels Shops Art/Musics Supplya andR Retail Auction! house (indoor) Auction house (outdoor) Bookstores cameras shops Convenience Stores Department stores Drugstores Dryg goodss stores Florist shop Furnitures stores Hardwares stores Household appliance stores Jewelrys stores Newsstands Petshops Retail Storesv within Mixed Use Retail Stores- other Second HandF Precious MetalE Business Shoe Stores Sporting goodss stores Tobacco/s Smoke Shops Toys stores Varietys stores Wholesale Departments Abattoirs ands slaughterhouses Animalf feeds- Manufacturing,: servicing, processing, assembling, andf fabricating. Beekeeping Farming (crops) Greenhouses Hatcheries Plant Nurseries Veterinary hospitals ando commercial kennels EDUCATIONAL Classroomt trailers designed tobeu utilizedbya X X public school Schools ando colleges! kindergartensa ando day nurseries RELIGIOUS AND CHARITABLE ORGANIZATIONS Churches ando otherp places ofv worship. Philanthropic: ande eleemosynaryi institutions. X X X X X Promof for TradeA Associations or Civic, Religious groups RECREATIONAL Electronic gaming operation(s) Adult Entertainment Fairs, carnivals andsi similar transienta amusement enterprises Fitness Center/ Gymnasium indoor recreation Moviet theaters outdoor recreation (notr racetracks) Publico orp privateg golfo courses, non-commercial X X swimming ort tennis clubs, ando countryo clubs MEDICAL dental offices ando clinics Medicalo offices andc clinics Clinicall laboratories Hospitals forh humanc care  X X X X X x X X X X x X X X X X C X X X X X X C X X X X X X X X X X X C X X X X X X X X C C C X X C C X X X  X X  X X X X  AMMALAGRICULTURAL (Musto comply with Chapter 90:Animals)  C x x X X  X X X X X X X  X X  X X  C C C C C C C C C  X X X X X X X X X x X X X X X X X X A X x C X X X X X X X X X X X X X X X X  X X X X X X  X  x:Permittedb by Right"  C:Conditional"  "SUPPLEMENTALI REGULATIONS MAYA APPLY- CHECKT TOWNO ORDINANCES    EXHIBIT D  APPENDIX C  Residential  Office  Business  Industrial  R-15 TR-12 TR-10 R-8 R-6 RMF IF RMF-H O&I-1 BC1B1 B-2 B-3 B-3P 1-2  PERMITTED USES (any user nots speciiedb belowi ise eligiblet to applyf ford conditional: zoning approval)  INDUSTRIALMANUFACTURING Autoy wrecking orj junk yards Automobile accessories- Manufacturing, servicing, processing, assembling, andf fabricating Bedding Fabrication Bedding, pillows andcarpets- Manufacturing, servicing, processing, assembling, andf fabricating Bottling Plants Buildingn materials- Manufacturing, servicing, processing, assembling, andfabricating Chemicals- Manufacturing, servicing, processing, assembling, andf fabricating Clothing ando cloths Fabrication Clothingi including! hosiery- Manufacturing, servicing, processing, assembling, andfabricating Colds Storage Plants Dryc cleaninga andp pressing plants Electrica ande electronic products- Manufacturing, servicing, processing, assembling, andf fabricating Fooda andf foodp products, nott toi include slaughterhouses: anda abattoirs- Manufacturing, servicing, processing, assembling, andf fabricating Freezerl lockers Gasoline. oil, ora alcohols storage above ground Glass-N Manufacturing,: servicing, processing, assembling, andf fabricating Householda appliances- Manufacturing,: servicing, processing, assembling, andf fabricating Ice-I Manufacturing, servicing, processing, assembling,a andfabricating. Leatherg goodsF Fabrication, nott toi include processing ors storage or rawh hides Leatherg goods- Manufacturing,: servicing, processing, assembling, andf fabricating Machinet tools.- Manufacturing, servicing, processing, assembling, andf fabricating Metal productsf fabrication Metals andn metal products- Manufacturing, servicing, processing, assembling, andf fabricating Mixing plantsf forc concretec orp pavingr materials Newspaper officersorp printing plants Paints- Manufacturing, servicing, processing, assembling, andfabricating Paper productsf fabrication, nott toi includet the manufacturing ofpaper Papery products- Manufacturing, servicing, processing, assembling, andf fabricating Plastico containers ands similar plasticy product fabrication Pottery, porcelain, andv vitreous china- Manufacturing,: servicing, processing, assembling, andf fabricating Rubber products- Manufacturing,: servicing, processing, assembling, andf fabricating Soaps, detergents andv washing compounds- Manufacturing,: servicing, processing, assembling, andf fabricating SolidV Waste/s Septage Management Facilities Stonec crushing, cutting andp polishing Storage ofr materials ande equipment outdoors Storagev warehousesa andy yards, excepts storageo of salvage Textiles- Manufacturing, servicing, processing, assembling, andf fabricating Transportation1 Terminals Weldings shops Wholesale andJ Jobbing Plants Wholesale Distribution Centers Wood: andy wood products, includingf furniture- Manufacturing, servicing, processing, assembling, andfabricating x:Permitted! byF Right*  A C  C  X X X X X x X  X C  C X C C X X X  C:Conditional"  "SUPPLEMENTALI REGULATIONS! MAYA APPLY- CHECKT TOWN    EXHIBIT E  Consistency Statement: Non-Conforming Uses  The proposed text amendment to 153.045 is consistent with the 2014 Town Center Plan as it protects long-standing small independent businesses that help to provide a' "sense of place" to Dallas' historic Town Square, andi is therefore deemed reasonable and ini the public's best interest. The proposed text amendment to 153.045 is also consistent with the 2003 Land Use Plan as the continued use of structures on Town Square adds tot the economic vitality of the area while honoring the historic character oft these businesses and the structures they are contained within, and is therefore  deemed reasonable andi in the public's best interest.  Cuwrho Curtis Wilson, Chairman  8/13/19  Date    EXHIBIT E  $153.045 NON-CONFORMING USES, BUILDINGS AND STRUCTURES.  (A) Non-conforming: uses.  (1) A non-conforming use shall not be extended; except, however, a non-conforming use of any building may be extended to any portion or portions of said building which were at the time such use (2) No structural alterations shall be made in a building housing a non-conforming use, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building. (3) The non-conforming use of any building or structure which is damaged to an extent exceeding 50% of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, war, riots or Act of God, shall be discontinued, and such building or structure shall thereafter be used only in  became non-conforming manifestly arranged or designed for such use.  conformance with the provisions of the zone in which located.  a) Any non-conforming use in existence 5 years prior to September 10, 2019 that is located within the B-3 Central Business District may continue to operate as its current non-conforming use in the event that the building or structure housing the non-conforming use is damaged by fire, flood, explosion, earthquake, war, riots or Act of God, regardless of the extent of damages, as long as business operations are not discontinued for longer than 9 months. (4) An non-conforming use shall not be changed to any but a conforming use. When a non-conforming use has been changed to a conforming use it shall not be changed again to any non-conforming use. (5) No changes shall be made in the landscaping, grading of the lot, or external appearances of a non-conforming use without the grant by. the Board of Adjustment of a special exception authorizing such change. The Board. shall grant suchs an exception only upon an affirmative finding that the proposed change will have no adverse effect upon. neighboring properties or upon the public and safeguards upon any such special exception which it grants for the further protection of neighboring properties in the public (B) Non-conforming: buildings or structures. Non-conforming buildings or structures shall be allowed to (1) Anon-conforming building or structure shall not be extended unless such extension shall comply (2) Anon-conforming building or structure which is damaged to an extent exceeding 75% of its then reproduction value, exclusive of foundation by fire, flood, explosion, earthquake, war, riot or Act of God, shall not be reconstructed except in conformance with the provisions of this chapter. (3) Non-conforming signs or billboards shall be eliminated or changed to conform with the provisions of this chapter within 18 months of the date such signs or billboards become non-conforming.  welfare.  remain subject to the following provisions:  with all the requirements of this chapter for the zone in which it is located.    EXHIBIT F Coates' Canons NCL Local Government Law mtps/caponsoguncedu  UNC SCHOOL  I  OF GOVERNMENT  Coates' Canons Blog: Civil Penalties and Zoning: Why Fight Em, Just Cite 'Em Article: itpsilIcanonssog.unedlucipnatesateamzonng.wny-tontemus-cte-em, This entry was posted on! March 10, 2010 and isf filed under Land Use & Code Enforcement  By Richard. Ducker  The expansion of a certain nonconforming, junkyard and auto salvage yard violates thez zoning ordinance, a condition that hase existed for some time. Warnings have gone unheeded. The local government has sought to accommodate every promise made thatt the violator will comply, but! has little to showf fori it. There is relatively little interest in spending public funds to litigate ther matter. Should civil penalties be assessed against violators sucha as these? Why should wei fightt them  when we can just cite them?  The Advantages and Disadvantages of Civil Remedies  Ifmyi impressions are to bet trusted, civil penalties to enforce zoning ordinances are more available for use and are actually usedr more today than ever before, particularly by municipalities. Iti is almost al badge of honor to be able tos say that your city or county ordinance provides for the use oft this remedy. Andy yes, civil penalties can have a deterrent effect." They can serve as at tangiblei indication thata ai town or county is willing tot take action against violators, even whent therei isl little chance that equitable relief will bes sought or a criminal action wille ever be initiated. Likewise citations are relatively easy to On the other hand many civil penalty citations go unpaid. Only when amounts accrue to a substantial size is itv worth the time of a zoning official to try to secure a judgment in small claims court ort to calli int the city or county attorney. Those who violate: zoning ordinances are also more likely to resist service or tol bej judgment-proof. Then, of course, there are examples like the club owner that receives sOI much publicity fromi illegal signs advertising his venuet that ther resulting revenues exceed the amount of whatever civil penalties may accrue whilet the signs are displayed.  use and often resulti in voluntary compliance.  Setting the Amount of the Penalty  Av variety of North Carolina state administrative agencies and regulatory entities are authorized toi impose civil penalties for violations ofs state statutes or administrative rules. In most cases agency determinations concerning these penalties may be appealed to an administrative lawj judge (ALJ) andt the North Carolina Administrative Procedures Act clarifies such matters as thef factors tol bei taken into accounti ins setting penalty amounts, how noticei is tol be served, and how appeals aret tob bet taken. What's more, the North Carolina Supreme Courti in the case of Int the Matter of Appeal from Civil Penalty, 3241 N.C. 373, 379 S.E.2d 30 (1989), upheld the ability of state administrative agencies to set civilp penalties within statutory parameters, taking into account a series oft factors concerning the nature of eachi individual violation of the law. By comparison, the use of civil penalties by local governments is more of at frontier. Subsection (c) of G.S. 160A-175 and G.S. 153A-123 declares that civil penalties are tol be provided for by ordinance in order tol be used. We knowt that all procedural requirements called fori ina an ordinance must bet followed if penalties are to be upheld, even though relevant statutory procedures are, for practical purposes, nonexistent. Wel knowt that each day's continuing violation constitutes a  separate offense.  CopyrightG 02009t to present Schoold of Government: atthel University of North Carolina. Allrightsr reserved.  Page    EXHIBIT F Coates' Canons NCI Local Government Law mtps.canonsogunceou  UNC  SCHOOL OF GOVERNMENT  Within what ranger mayt the amount of a civil penalty for az zoning violation be set? Therei is no directly relevant statutory guidance. G.S. 14-4 does provide that the violation of al local government ordinance may be prosecuted as a criminal misdemeanor punishable by af fine of no less than $50 but nor more than $500. Local ordinance civilp penalty amounts for zoning violations tend tot fity within this range. Mostl local governments establish a set penalty amounti for any: zoning violation, thereby avoiding the delegation oft too much authority to a: zoning administrator or running afoul of various unknown limitations oni their authority. The! blessing that as skimpy but arguably flexible statute provides can become a Compare this approach with that authorized ins subsection (d) ofG.S. 113A-126 of the Coastal Area Management. Act (CAMA). Its sets statutory maximum penalty amounts for violations of major development permits ($10,000) and minor permits ($1,000). Itthen authorizes the Coastal Resources Commission in determining the amount of civil penalties in individual cases to consider thet following factors: (a)t the degree ande extent of harm, including, but not limited to, harm to the natural resources of the State, tot thep public! health, ort top private property resulting from the violation; (b) the duration and gravity oft the violation; (c) the effect on water quality, coastal resources, or public trust uses; (d)t the cost ofr rectifying the damage; (e)t the amount of money saved! by noncompliance; (f) whether the violation was committed willfully or intentionally; (g)t thep prior record oft the violator in complying or failing to comply withp programs over which the Commission has regulatory authority; and (h) the cost tot the State oft the enforcement procedures.. Anyone whoi is assessed a civil penalty may also be assessed" the reasonable costs (for major development permit violations, up to $2,500) of any investigation, inspection, or monitoring that results int the assessment oft the civil penalty. The CAMA statutes thus set out ac comprehensive legislative framework fort the administrative use of civil penalties. Thel legislature, or perhaps even al local government wheni it adopts an ordnance enforceable by civil penalties, coulde establish as similar set of criteria for  curse.  determing the amount thatr may be assessed under al local ordinance.  Procedures and. Appeals  Civilp penalties are often assessed byz zoning officials int thei form of hand-delivered "citations." Zoning boards of adjustment may also impose, modify, or waive civilp penalties since such ab board, on appeal, has all of the powers oft the official from whom the appeal was taken. One common practice is for ar notice of violation (NOV) to provide thatt the violator must either comply witht the ordinance within as specific period of time (which often corresponds tot the period for appealing any decision oft thez zoning official) or be assessed: ac civil penalty for each day the violation continues once this period expires. Onei issuet thatr remains unresolved is whether an appeal oft the assessment of a civil penalty may be appealed independently from an appeal oft the underlying NOV. Some ordinances try to address this matter by providing thati ift the NOVI provides fort the contingent initiation of civil penalties at al later date, either or both matters must be appealed during  the period that begins to run from the datet thel NOVI is served.  Whre the Money Goes  Thent therei ist ther matter of ther money collected. As one planning director posed the question, "The money is to go where? Int the case ofr most local governments the funds will needt to bei identified and transferred tot the public schools int the county where collected, pursuant to Article IX, Section 70 oft the! North Carolina Constitution. Int the absence of any provision int the: zoning ordinance tot the contrary, the violation of a: zoning ordinance is a criminal misdemeanor, requiring the proceeds ofb both civil penalties and criminal fines collected for the breach oft this penal law to be earmarked for the public schools. (For ai fuller treatment of this subject see Dave Lawrence's blog of! November 6, 2009.) There is one circumstance, however, when al local government may retain the proceeds from civil penalties collected for: zoning violations. Ifthel local unit amends thez zoning ordinance to decriminalize zoning violations, civil penalties are nol longer associated with thel breach oft the penal laws of the state and needr not bet transferredi to the schools, at leastt tot the extent thatt thep penalty appears to ber remedial rather than punitive inr nature. Nonetheless, relatively fewl local governments have taken advantage oft this option. For some, the possibility of using criminal prosecution as a weapon for zoning violations remains too attractive. In any event civil penalties have not upi tor now served as the money-maker that some elected  officials may have assumed.  Copyright020091 top present Schoold ofGovernment: attheU University ofNorth Carolina. Allr rights reserved.  Page    EXHIBIT F Coates' Canons NCI Local Government Law tps.cannssogunodu  UNC  SCHOOL OF GOVERNMENT  What doest thef future hold? The use of civilp penalties is likely toi increase, event though the popularity of thet tool may exceed its effectiveness. Since many local governments are looking for ways to supplemental their revenues, more and more of them may try toi find av way tol keep the penalty fundst they collect. But only when comprehensive civil penalty  legislation is adopted will this ordinance enforcement tool reachi its full promise.  Links  wwwanogasiate.ncusleacedlegsiatonsausMIMUB/SeConChape.IGUACS.160A-175.mtm www.nogastate.nouslnacedlegsiationsaluesMTwLB)Se.lonChape.,18ACS_153A-123.mtmt www.noga.state.no.usEnactedlegsiationsauesHIMLBSection/Chapter.14/65_14-4.ntm! www.nogastate.ncuslnacedlegslationsauesHILB/ecdochape.TSACS.113A-126.ntm  www.nogaslate.nc.usegsatonconstilunsttutlonlartidleg.htm:  Thist blog postisp published andp posted online! byt thes School of Governmentto: addressi issues ofinterestt tog government officials. Thist blogp postis is fore educational andir informational usea andn mayb beu usedf fort thosep purposes withoutp permission byp providinga acknowledgment ofitss source. Usec ofthisb blogr postf forc commercial purposesi isp prohibited. Tobrowsea complete catalogo ofs School of Government publications, pleasey visitt thes School's websitea atv www.sog.unc.edus ord contactt theE Bookstore, Schoolof Government, CB#3 3330K Knapp-Sanders! Building, UNCO Chapel Hill, Chapel Hill, NC2 27599-3330; e-mails sales@sog.unc.e edu; telephones 919.966.4119;orfax  919.962.2707.  Page    EXHIBIT F  NUISANCE TYPES Garbage (piled) 51.02 Garbage Carts Dumpsters Wet Garbage Noise Firearms Unauthorized Posting/ Ads Special Event (Show, Circus, Exhibitions) Defacing Town Property Slingshots/ Bows 91.07 &A Arrows Discarding Iceboxes Outdoor Area'as: 91.10 Nuisance High Grass (12"+) 92.01 (1)8(2) Trash/Junk Accumulation Dilapidated Accessory Structures/ Fencing Human' Waste Sale of Food Construction Debris  ORDINANCES 51.03 &51.08 51.04 51.05 91.01,91.02 91.03 91.04 91.05 91.06  CURRENT PENALTY 51.99  PROPOSED PENALTY 51.99 new  ENFORCED BY Public Works/ Dev. Services  91.99  91.99  Police  91.08  91.10 (C) 91.99 92.01(C) 10.99 92.01(C) 10.99 92.01(C) 10.99 10.99 10.99 10.99 10.99 10.99 10.99 10.99 10.99 94.024(B) 94.99 94.99 94.99  MOVE to 92.01  92.01 (3) 92.01( (4) &(5)  92.02 92.03 92.04  92.99 new  Development Services  Tree Trimmings 92.05 Swimming Pool 92.06 Safety Abandoned Vehicle Nuisance Vehicle 93.05 Junk Motor Vehicle Shed/Awning Over Sidewalk Tree Trimmings 94.036 on Sidewalk Street Numbers 94.090  93.04 93.06 94.024  Development Services  93.99 new  Dev. Services/ Public Works  94.99 updated    EXHIBIT F  CHAPTER 51: GARBAGE AND REFUSE COLLECIION  $51.02 GARBAGE REQUIRED TO BE PROMPTLY REMOVED.  (a) No garbage that has become decayed or that shall otherwise be a menace to health or cleanliness shall be allowed to remain in any dwelling house, hotel, boarding house, café, restaurant, lunch stand, fruit stand, meat market, store or other building or on any premises a longer time than shall be reasonably necessary to remove and deposit the same in a can or (b) Violations shall subject the offending property owner and/or tenant to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent, jurisdiction as (c) Each day's continuing violation shall be a separate and distinct offense, and is (d) Any violation of the condition above shall also constitute a violation of 92.01, and be  cans as hereinafter provided in this chapter.  outlined in 51.99.  subject to penalties as outlined in 51.99 subject to all associated penalties.  S 51.03 GARBAGE CARTS AND RECYCLABLE ITEMS.  (A) The occupant of every building, premises or place where garbage does or may exist shall be provided with a garbage receptacle in which the occupant shall deposit all garbage existing at the place occupied by occupant. Ift the occupant needs additional garbage receptacle(s), the occupant shall contact the administrative office requesting the number needed.. Receptacles are the property of the town and shall not be removed ift the occupant vacates the premises. All garbage shall be placed in trash bags and tied or fastened securely before being placed in receptacles and all garbage receptacles shall be placed where they can be conveniently reached by the garbage collector (see S 51.08). Garbage receptacles shall be appropriately placed by 6:00 a.m. on the morning designated as the pick-up day at the occupant's location and shall be promptly removed to the back or side yard oft that location after having been emptied by the garbage collector (see S 51.08). All receptacles shall be kept reasonably clean by the use of lye or other éffective cleaners. fheseeupantdreveryukding-premises orplaceshalbeprovidedwahomereglngen-FPeoopantneeds-addHonal esyeing-ine),theceeccupaRtehaIcoRRGdNedHicerequesingine Pumberneeded:RecyelaDleteHems-are-0De-nandled-aecreig-O-ASIRIGHORS-gven-Dy  negarpage-colecior:  (B) Violations shall subject the offending property owner and/or tenant to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent (C) Each day's continuing violation shall be a separate and distinct offense, and is  jurisdiction as outlined in 51.99. subject to penalties as outlined in 51.99    EXHIBIT F  CHAPTER 51: GARBAGE AND REFUSE COLLECTION  $51.04 DUMPSTERS.  (A) Every site upon which one or more dumpsters are to be placed shall be located and constructed sO as toi facilitate collection and minimize any harmful effect on persons occupying the development site, neighboring properties or public rights-of-way. Those premises hereafter that provide a dumpster shall locate the dumpster on the property it serves. The site shall be paved with concrete, asphalt or other bituminous paving and shall be located abutting a driveway of sufficient width to allow access by the private solid waste collection equipment. (B) All dumpsters shall be screened where, in the absence of screening, they would be (1) Persons located within any dwelling unit on residential property other than that where (2) Occupants, customers or other invitees located within any building on nonresidential property other than that where the dumpster is located, unless the other property is used for (3). Persons traveling on any public street, sidewalk or bikeway within the town. (C) Violations shall subject the offending property owner and/or tenant to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent jurisdiction as (D). Each day's continuing violation shall be a separate and distinct offense, and is  Sites and means of access shall be approved by the Town Planner.  clearly visible at dumpster level to: the dumpster is located;  purposes permitted exclusively in the Industrial Zoning District; and  outlined in 51.99.  subject to penalties as outlined in 51.99  S 51.05 WET GARBAGE.  (A) All wet garbage shall have the liquid drained off and shall be wrapped in paper or other combustible material before iti is placed in the garbage can, thus preventing smell and the breeding of flies in summer and freezing and adhesion to the can in winter. (B) Violations shall subject the offending property owner and/or tenant to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent (C) Each day's continuing violation shall be a separate and distinct offense, and is $51.06 DEPOSIT OF GARBAGE IN PUBLIC PLACES AND ON PRIVATE PROPERTY. (Eliminate- Criminally enforceable as part of state laws) Ne-person-shalthwpaceordepostanygarsage-Panystreet, aley-pwblepaceorprwatepropery wihinthetownlimis,exceptingaragecansorgasbagevenesasprowses.  jurisdiction as outlined in 51.99. subject to penalties as outlined in 51.99    EXHIBIT F  CHAPTER 51: GARBAGE AND REFUSE COLLECTION $51.07 TRANSPORTATION OF GARBAGE AND SLOPS BY PRIVATE PERSONS. (Eliminate- no permit needed, occurs regularly by neighboring municipalities) Nopersenorpersonsehaicals.anda-uortamspstionanydtesies,aie,3leys-Publicwayse: places-dihetowm-anygatage-whouiamgpoguedapemtnenio.fom-tne-TownClerke  S 51.08 PLACEMENT AND REMOVAL OF GARBAGE CANS.  (A) Garbage cans or similar containers containing garbage and trash for removal shall be placed at the curb/roadside of the premises from which the same are to be removed at or before 6:00: a.m. on the day scheduled for removal. After the garbage cans or similar containers have been emptied, the same shall be removed from the curb/roadside (B) Violations shall subject the offending property owner and/or tenant to a civil penalty to be recovered by the city in a civil action int the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent, jurisdiction as (C) Each day's continuing violation shall be a separate and distinct offense, and is $51.09 UNAUTHORIZED GARBAGE, BUILDING DEBRIS, TREE TRIMMINGS OR ANY OTHER TYPE OF REFUSE OR SOLID WASTE. (Eliminate- Criminally shalbe-unlawlu-oranyperson."morcoporalonio-ransportgarbage,rehseoranyotnerype-o: sold-waste-inte!the-towP-and-diseard-tanywnere-wintnetowns-corporate-mis-oFdepesititin-any $51.11 LITTERING. (Eliminate- Criminally enforceable as part of state laws) A-DeHPHOR-LFERmeansany9an0age-ANDDEN,a5.-eNse,CaA,0014,90k,comanef,wappe: paper-paperprodwcthansalegupmenier-mschne-waoG,moloryendleor: equpmentysludge-fomawasietreatmentachywalersuppyreaimntpatdFarpO.HOR-COAPO: aselly,fom-domeslc,Adusiacoommercla,mng-agnculuralorgeveramenta. operations-LHTERde8S-ROHReHineldepolical-pa-pampnlets,Pandb.S,relgoustraeis,Pewspapers-and-otner printed-materials-theunsoleted-dielHORGFWAGAIEproleciedbyine/COsHIVIOROHne-UPited-States: 8)-LNePingprohDson,ReARCHdng.PWRoHniRdIg,aym.0genzalon-prvate corporation-ergoverang.sody,agenis-orempyeseesoramymuncpa-corperalon,ena-onalyos ecessly-hrow,seaierentonsyorasecauseiplesown,sealtered,sP."ed, hrowp-erplaced-eredorolerwsedspose0FayHeFuPeRaR/PWPICAFPAMaepePeRymotownedDy- FheFwN-hiS-stalegrinanywalersundermewnsaRe-OWA-RNdPg-DWOHPHeG-O,any puble-sireet-highway-publeparka#k,ake,fvef,cam9ground,forestand,recrealtonaarrea,raHerpark, ghway-road,streetoraleyecepaa-9e-depesieG-RGHA9a1eFrecePaepiacle-Pa-manner so-thattheliterwilepreventedfom-beingeariedawayordepostededbylneelementswuponanyparto: the-priwate-orpubicrwaler-WheA-erisbowP-scaltered,sp.le,IMOWPOoma vehicle-orwatereral-the-peralortheredshal-be-presumedte-have-commlledine-offense.ThS presumption,-howeverdoesmotappyoavencletransportingag-culuva-produelsorswPples-whenine iterfrom-thatvehiclesamontoweDodegradableagrcuRura-proatctorsupply  before 7:00 p.m. on the same day collected.  outlined in 51.99.  subject to penalties as outlined in 51.99  enforceable as part of state laws)  esidenlalorbusinessgaRgeOFHaeh-PcAPacelorclecHon-byHeIOWA:  Orthe-Constilution-ofthe-state.    EXHIBIT F  CHAPTER 51: GARBAGE AND REFUSE COLLECTION  $51.99 PENALTY.  A/-Anypesson.-fmorcopaaioawosingganyafHepowsonsBGASdAEchPraa,uPOncOnwCIoP, begulyofamisdemeamoransaubectib-neotioessasso,orimpisomneREROHP-eXeed 8-t-Aypersen-in,duang.bwtolimsdis,anylm.cganagansaionpiaesoporalonorgeveing bedy-agenisorempoydianymuncpa-copesioAwAowow649888449-yelamisdemeanos, punishabiebyafineds20.nadlHon-hecPVmayegVelhavaisu-lopickupikuplerorperfom: 9-FHhetownoranypesonsusainsdamagasategoudfawoaliondFnEseectom-acourtina Miaetion-mayordermeperoniopaylelowpoFieuradpanyupio.neethree-timestneachal damagesors200.whichwhcheverisgsaser-nadioa-ecouthaionde-epesoniopayletowmser  0daysandpayormec9s:o/cleaRP:  olherlabor-commenswe-#:nedHe-dense-commited:  he-njured-partys-ourtcosis-andaattorneys-fees.  $51.99 PENALTY_(NEW)  (A) The Code Enforcement Officer or Public Works Director shall notify the property owner and tenant where applicable by first class mail of the conditions in violation of Town ordinances and shall order abatement thereof within 5 days following the date of the notice of violation. (1) When the property owner and/or tenant has failed to comply with a notice of violation as described above, the Code Enforcement Officer or Public' Works Director shall not be required to provide further notice of violation to that person with regard to (B) Any person, including, but not limited to, any firm, organization, private corporation or governing body, agents or employees of any municipal corporation- including tenants of real property- who violates this chapter shall be subject to a civil penalty in the amount of $50 (1)Each day that a violation continues after a person has been notified that such a violation exists, and that he or she is subject to the penalty specified, shall constitute a (2) The violator shall contact Town Hall or Public Works for a re-inspection once the (3) Civil penalties may be recovered by the Town in a civil action in the nature of debt if the violation persists 30 days after the violator(s) have been cited for violation of the ordinance, ori ifa a balance remains unpaid after at final invoice is mailed. (C) A town agent or employee may enter upon the premises and perform any work that may be necessary to bring the property into compliance with this section and the town shall charge  the same property before taking any enforcement action.  after the given time to correct expires.  separate offense once the time to correct has expired.  violation is remedied in order to stop the accrual of civil penalties.  the cost thereof against the premises upon which the work was performed.  (1) The costs of any work performed under this section shall constitute a lien against the premises upon which the work was performed and may be collected ini the same manner as taxes upon real property. The term COST as used in this section shall include interest at the rate of 8% per annum until the lien is paid. Interest does not accrue until a bill for (2) Chronic violators: the town shall notify any chronic violator of this section to whom a current violation notice has been provided that, pursuant to G.S. S 160A-200.1, the town shall take action to remedy the violation without further notice and the expense of the  the cost becomes overdue (Senate Bill 181, 1999).    EXHIBIT F  CHAPTER 51: GARBAGE AND REFUSE COLLECTION action shall become a lien on the property and shall be collected as unpaid taxes. For the purposes of this section, a CHRONIC VIOLATOR is a person who owns property whereupon, in the course of the then current year, the town has provided the property owner notice of violation of any provision of this section at least two previous times. (3) If the town or any person sustains damages arising out of a violation of this section, a court in a civil action may order the person to pay the town or the injured party up to three times the actual damages or $200 whichever is greater. In addition, the court shall order the person to pay the town's or the injured party's court costs and attorney's fees. (D) This chapter may also be enforced by any appropriate equitable action, including but not (E)The Town may enforce this chapter by any one or any combination of the foregoing (F) Violations of the provisions of this chapter shall not be considered a misdemeanor pursuant  limited to injunctions or orders of abatement.  remedies. toG.S.S14-4.    EXHIBIT F  CHAPTER 91: GENERAL NUISANCES  $91.10 USE OF INDOOR FURNITURE, APPLIANCES AND OTHER ITEMS ON PORCHES AND OTHER OUTDOOR AREAS A NUISANCE. (Eliminate- incorporate A-ThewdeupsspeAAASNSSANNevae -strets-oralherpublicareasasasaslorageorcplecelectonplaceiorboxe,2Ppian9,FFPiureDuEne: including-ypicalouidedroryerdhme)lsak,egupmen-wl,weoutbrokenor disearded-machinyandequpmenty-cansconamers,cardpoari.contaners,Pousehold-geods-orany simarcondtion-thaHneP9a88B1Re1KeHPoO6oHaHFalre,mayconcea-dangerous-condloORGORS,ay-bea breedingplace-orhabHaHOFmIe-rats-orolnerpest,orcreateanunatraclwe.condHIOP-OFVISWaNy 8)-Fheplacement-seiagedruseduphaseadalscNeNAEMaeEahaFRndorypelumure, applances,seals-rmovedFom-mOlorvendesorolnerumiure.noHRotintended-orouideoruse-bythe manufaclure-useonanyopeporen,capo#-sioP,deck.veranda,ererace,palooraineroudoorarea (CFthe-rentereFOFOWReFOFnePropery-SIOunGHAWOANOROFGINSONS-A/OFB)above-and-ne violationis-motremediedwin16.days-thentnerenterorowPerafnepropetyshal-bessubyecHoacMa  into Chapter 92- Health Protection and Disease Prevention)  blighted-preperly  hatis-visibleom-eaibystreetsan6idewAKEshal-be-prohbHed:  citation-and-fine.    EXHIBIT F  CHAPTER 92: HEALTH PROTECTION AND DISEASE PREVENTION  S 92.01 PROPERTY MAINTENANCE, REMOVAL OF TRASH, WEEDS; LIEN. (A) The existence of any oft the following conditions on any lot or other parcel of land, whether vacant or occupied, within the corporate limits of the town is hereby declared to be dangerous and prejudicial to the public health or safety, and constitutes a public nuisance: (1) Noxious weeds and other rank vegetation; any growth of weeds or grass or other vegetation to al height greater than 12 inches; or any accumulation of dead weeds, grass or (2) Uncontrolled growth of vegetation- undeveloped property: any uncut, uncontrolled growth of noxious weeds, vegetation, grasses, brush or bushes to a height of 12i inches on an undeveloped property shall constitute a nuisance. Notwithstanding the other sections of this chapter, this division (A)(2) applies only to the outer perimeter of the property to a depth of5 50 (3) Any accumulation of rubbish, trash orj junk causing or threatening to cause a fire hazard, or causing or threatening to cause accumulation of stagnant water or the inhabitation thereof by rats, mice, snakes or noxious insects; including but not limited to:  brush;  feet and bordering a public right-of-way and/or developed properties;  (a) The use of carports; open porches, decks, open garages and other outdoor areas that are visible to streets or other public areas as a storage or collection place for boxes, appliances, furniture (but not including typical outdoor or yard furniture), tools, equipment, junk, garbage, old, worn out, broken or discarded machinery and equipment, cans, containers, cardboard containers, household goods or any similar condition that increases the likelihood of ai fire; may conceal dangerous conditions, may be a breeding place or habitat for mice, rats or other pests; or create an unattractive condition or visually blighted property; (b) The placement, storage or use of upholstered sofas, couches, chairs or other indoor type furniture, appliances, seats removed from motor vehicles or other furniture not intended for outdoor use by the manufacture use on any open porch, carport, stoop, deck, veranda, terrace, patio or other outdoor area that is (4) Any accessory building or structure that has become sO dilapidated or deteriorated SO (5) All fences, retaining walls or similar structures that are not firmly anchored to the ground, maintained in good structural condition and free of deterioration. Deteriorated features shall be repaired, replaced or completely removed. Grass, weeds and other vegetation around the fences shall be maintained in compliance with division (A)(1). All fencing must be constructed of customary or normal fencing material used consistently throughout; the material used in the construction of the fence must be manufactured and marketed for construction of permanent fencing. Materials typically used for temporary fencing may not be used for permanent fences. For commercial and industrial uses only, barbed, razor or concertina wire may be used for security purposes on portions of fencing above six feet in height, and only in areas not visible from a street or public right-of-way. Electric fencing, with the exception of (6) Chronic violators: the town shall notify any chronic violator of this section to whom a current violation notice has been provided that, pursuant to G.S. S 160A-200.1, the town shall take action to remedy the violation without further notice and the expense of the action shall  CR  visible from nearby streets and sidewalks  as to constitute a public nuisance;  fencing designed to control and contain dogs and horses, is prohibited.    EXHIBIT F  CHAPTER 92: HEALTH PROTECTION AND DISEASE PREVENTION  become a lien on the property and shall be collected as unpaid taxes. For the purposes of this division (A)(6), a CHRONIC VIOLATOR is a person who owns property whereupon, ini the course of the then current year, the town has provided the property owner notice of violation of (B) (1) Where conditions as described in S 92.01(A)(1), (2), and (3) above exist SO as to constitute a nuisance or danger to public health or safety, the Code Enforcement Administrator shall notify the property owner by first class mail of the conditions and shall order abatement (2) Where conditions as described in S 92.01(A)(4) and (5) above exist SO as to constitute a nuisance or danger to public health or safety, the Code Enforcement Administrator shall notify the property owner by first class mail of the conditions and shall order abatement thereof within (3) When the property owner has failed to comply with a notice of violation as described above, the Code Enforcement Administrator shall not be required to provide further notice of violation tot that person with regard to the same property before taking any enforcement action. (4) All violations of this section shall subject the offending property owner and/or tenant where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued (5) Each day's continuing violation shall be a separate and distinct offense, and is (6) Inaddition, a town agent or employee may enter upon the premises and perform any work that may be necessary to bring the property into compliance with this section and the town shall charge the cost thereof against the premises upon which the work was performed.  any provision of this section at least two previous times.  thereof within five days following the date of the notice of violation.  ten days following the date oft the notice of violation.  from a court of competent jurisdiction as outlined in 92.99.  subject to penalties as outlined in 92.99.  (a) In addition to the penalties provided fori in S 92.99, the costs of any work performed under this section shall constitute a lien against the premises upon which the work was performed and may be collected ini the same manner as taxes upon real property. The term COST as used in this section shall include interest at the rate of 8% per annum until the lien is paid. Interest does not accrue until a bill for the cost becomes  overdue (Senate Bill 181, 1999).  $92.02 HUMAN WASTE.  (A) No person shall urinate or deposit any human waste of any! kind on any street, lot or (B) Any structure that has sewer service and develops a sewage leak on private property, the owner or renter has 72 hours to make the necessary repairs after date of notification. (C) Ifrepairs are not made after the above mention time, the town will disconnect the water (D). All violations of this section shall subject the offending property owner and/or tenant where applicable to a civil penalty to be recovered by the city in a civil action in  premises, except in approved sanitary facilities.  service.    EXHIBIT F  CHAPTER 92: HEALTH PROTECTION AND DISEASE PREVENTION  the nature of debt if the offender does not pay the penalty. within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued (E) Each day's continuing violation shall be a separate and distinct offense, and is  from a court of competent jurisdiction as outlined in 92.99.  subject to penalties as outlined in 92.99.  S 92.03 SALE OF FOOD; EATING ESTABLISHMENTS.  All persons, firms or corporations selling food of any kind or serving prepared meals shall comply with all requirements pertaining thereto of the State Board of Health. (D) All violations of this section shall subject the offending property owner and/or tenant where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued (E) Each day's continuing violation shall be a separate and distinct offense, and is  from a court of competent jurisdiction as outlined in 92.99.  subject to penalties as outlined in 92.99.  S 92.04 DEBRIS FROM NEW CONSTRUCTION. within ten days from the completion of the aforesaid work.  All refuse, lumber and debris, remaining both as a result of the repair of any old buildings or of the erection and completion of any new buildings, shall be removed by the property owner (D) All violations of this section shall subject the offending property owner and/or tenant where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited toi injunctions and orders of abatement issued (E) Each day's continuing violation shall be a separate and distinct offense, and is  from a court of competent jurisdiction as outlined in 92.99.  subject to penalties as outlined in 92.99. S 92.05 REMOVAL OF TREE TRIMMINGS.  (A) Tree trimmings will be collected by the town once each week, provided that the collections shall be limited to no more than one truck load per week per residence; if additional service is required or requested by the owner or occupant oft the premises and if approved by the Town Clerk, the collections will be made on the basis of $25 per truck load or portion thereof to be paid in advance to the town before the matter is loaded on the truck; tree trimmings shall be placed at a place that can be conveniently reached by the trash collector; tree trimmings    EXHIBIT F  CHAPTER 92: HEALTH PROTECTION AND DISEASE PREVENTION  shall not, however, be placed in the street right-of-way normally used by vehicles, pedestrians or for surface drainage; tree trimming shall not be longer than six feet in length nor weigh more (B) The provisions of division (A) above shall not apply to persons who cut or trim trees for (C) Persons who cut or trim trees for hire shall, within ten days after the completion of a particular job, remove all tree trimmings and other remaining refuse from the premises upon which the job was performed, and disposed of the same at al landfill or other similar place of (D) All violations of this section shall subject the offending property owner and/or tenant where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty: within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued (E) Each day's continuing violation shall be a separate and distinct offense, and is  than 50 pounds. hire.  disposal.  from a court of competent, jurisdiction as outlined in 92.99.  subject to penalties as outlined in 92.99.  $92.06 SWIMMING POOL SAFETY REGULATIONS.  (A) For the purpose of this section, the term SWIMMING POOL is hereby defined as any structure, basin, chamber. or tank: containing an artificial body of water having a depth at any point of more than two feet, and intended for swimming, diving or recreational bathing, including in-ground, above-ground or on-ground swimming pools, hot tubs and spas. (B) All outdoor swimming pools located within the town shall be completely enclosed bya a fence that adheres to the most current North Carolina Building Code, Appendix G, and conforms with the requirements of 153.016, Fences in Residential Districts. (1) All fence openings or points of entry into the pool area enclosure shall be equipped with (2) The fence and gates shall be at least four feet in height above the grade level and shall be constructed to meet the North Carolina Building Code and the county pool requirements.  gates.  (C) Operation and maintenance.  (1) At the end of the swimming season, the pool water, structure, or chamber shall be treated, altered, or maintained sO as to prevent the development of unsanitary conditions. (2) Pools under construction or that are no longer being operated shall be maintained in a manner SO as to prevent the development of unsanitary conditions, potential injury, or possible (3) Wastewater from the swimming pool shall be discharged into a sanitary sewer or by an  drowning.  alternative method that will not create a public health hazard or public nuisance.    EXHIBIT F  CHAPTER 92: HEALTH PROTECTION AND DISEASE PREVENTION  (D) All violations of this section shall subject the offending property owner and/or tenant where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued (E) Each day's continuing violation shall be a separate and distinct offense, and is  from a court of competent jurisdiction as outlined in 92.99.  subject to penalties as outlined in 92.99.  $92.99 PENALTY (NEW)  (a) Any person, firm or corporation violating any of the provisions of this section, including both property owner and/or tenant, for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall be subject to a civil penalty in the amount of $100 after the given time to correct expires, or after the first 10 calendar days following the Notice of (b) Each day that a violation continues after a person has been notified that such a violation exists, and that he or she is subject to the penalty specified in subsection (a), shall constitute a (b) The violator shall contact Town Hall for a re-inspection once the violation is remedied in order to stop the accrual of civil penalties. This penalty may be recovered by the Town in a civil action: in the nature of debt. if the violation persists 30 days after the violator(s) have been cited for violation of the ordinance, or if al balance remains unpaid after a final invoice is mailed. (c) This chapter may also be enforced by any appropriate equitable action, including but not (d) The Town may enforce this chapter by any one or any combination of the foregoing (e) Violations oft the provisions of this section shall not be considered a misdemeanor pursuant  Violation where not otherwise specified.  separate offense once the time to correct has expired.  limited toi injunctions or orders of abatement.  remedies. to G.S. S 14-4.    EAHIBIT F  CHAPTER 93: ABANDONED, NUISANCE AND JUNK MOTOR VEHICLES  $93.04 ABANDONED VEHICLE UNLAWFUL; REMOVAL AUTHORIZED. (A) Its shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow the vehicle to be abandoned, as the term is defined herein. (B) Upon investigation, proper authorized officials of the town may determine that a vehicle is (C) All violations of this section shall subject the offending property owner and/or tenant where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued (D) Each day's continuing violation shall be a separate and distinct offense, and is  an abandoned vehicle and order the vehicle removed.  from a court of competent, jurisdiction as outlined in 93.99.  subject to penalties as outlined in 93.99.  Rs 93.05 NUISANCE VEHICLE UNLAWFUL; REMOVAL AUTHORIZED. (A) Its shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, ori for the owner, lessee or occupant of the real property upon which the vehicle is located to leave or allow the vehicle to remain on the property after it has been declared a (B) Upon investigation, the Housing Inspector, or his or her designated representative, may determine and declare that a vehicle is a health or safety hazard and a nuisance vehicle as (C) All violations of this section shall subject the offending property owner and/or tenant where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty. within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued (D) Each day's continuing violation shall be a separate and distinct offense, and is  nuisance vehicle.  defined above, and order the vehicle removed.  from a court of competent, jurisdiction as outlined in 93.99.  subject to penalties as outlined in 93.99.  RS93.06 JUNK MOTOR VEHICLES REGULATED; REMOVAL AUTHORIZED. (A) Itshall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, ort for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to leave or allow the vehicle to remain on the property after the (B) Itshall be unlawful to have more than one. junked motor vehicle, as defined herein, on the premises of public or private property. Single, permitted junked motor vehicle must strictly comply with the location and concealment requirements by this section. (C) Its shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, orf for the owner, lessee or occupant of the real property upon which aj junked motor vehicle is located to fail to comply with the location requirements of the concealment  vehicle has been ordered removed.  requirements of this section.    EXHIBIT F  CHAPTER 93: ABANDONED, NUISANCE AND JUNK MOTOR VEHICLES (D) Subject to the revisions of S 93.07, upon investigation, the Housing Inspector, or his or her designated representative, may order the removal of a junked motor vehicle, as defined in this chapter, after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. The finding shall be based on a balancing oft the monetary loss by the apparent owner against that corresponding to the public by promoting or enhancing community, neighborhood or area appearance. The following among  other relevant factors may be considered: (1) Protection of property values;  (2) Promotion oft tourism and other economic development opportunities; (4) Preservation of the character and integrity of the community; and (5) Promotion of the comfort, happiness and emotional stability of area residents. (E) Permitted conçealment or enclosure ofj junked motor vehicle:  (3) Indirect protection of public health and safety;  (1) One junked motor vehicle, in its entirety, can be located in the rear yard as defined by the town's zoning regulations (Chapter 153)if if the junked motor vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering. (a) The Housing Inspector, or his or her designated representative, has the authority to determine whether anyj junked motor vehicle is adequately concealed as required by this (b) The covering must remain in good repair and must not be allowed to deteriorate the covering or enclosure must be compatible with the objectives stated ini the preamble of this (2) More than one junked motor vehicle: any other junked motor vehicle(s) must be kept in agarage or building structure that provides a complete enclosure sO that the junk motor vehicle(s) cannot be seen from a public street or abutting property. A garage or building structure means either al lawful, nonconforming use of a garage or building structures erected pursuant to the lawful issuance of a building permit and which has been constructed in (F) All violations of this section shall subject the offending property owner and/or tenant where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued (G) Each day's continuing violation shall be a separate and distinct offense, and is  provision. chapter.  accordance with all zoning and building code regulations.  from a court of competent jurisdiction as outlined in 93.99.  subject to penalties as outlined in 93.99.  $93.99 PENALTY (NEW)  (a) Any person, firm or corporation violating any of the provisions of this section, including both property owner and tenant, for which no other penalty is provided, ori failing or neglecting or refusing to comply with same, shall be subject to a civil penalty in the amount of $25 per vehicle after the given time to correct expires, or after the first 10 calendar days following the Notice of Violation and/or Order for Removal where not otherwise specified.    EXHIBIT F.  CHAPTER 93: ABANDONED, NUISANCE AND JUNK MOTOR VEHICLES (b) Each day that a violation continues after a person has been notified that such a violation exists, and that he or she is subject toi the penalty specified in subsection (a), shall constitute a (b) The violator shall contact Town Hall for a re-inspection once the violation is remedied in order to stop the accrual of civil penalties. This penalty may be recovered by the Town in a civil action in the nature of debt if the violation persists 30 days after the violator(s) have been cited for violation of the ordinance, or if a balance remains unpaid after a final invoice is mailed. (c) This chapter may also be enforced by any appropriate equitable action, including but not (d)AT Town agent, employee, or contractor may enter upon the premises to bring the property into compliance with this section; and any costs incurred shall be charged to the owner of the property upon which the work was performed and/or the registered owner of the vehicle (d) The Town may enforce this chapter by any one or any combination of the foregoing (e) Violations of the provisions of this section shall not be considered a misdemeanor pursuant  separate offense once the time to correct has expired.  limited toi injunctions or orders of abatement.  removed. remedies. toG.S.S14-4.    EXHIBIT F  CHAPTER 94: STREETS AND SIDEWALKS  S 94.024 SHEDS AND AWNINGS.  (A) No person shall erect or repair over any sidewalk or street any wooden shed or awning or any wooden shed for the support of an awning or erect upon any street or sidewalk any post for (B) Ifany person shall violate this section, then each day that the above forbidden structure shall remain after notice shall constitute a separate violation; provided that this shall not be construed to prevent the erection over the sidewalk of cloth or metal awnings supported upon metallic frames firmly suspended from the building and at least seven feet above the level of the (C) All violations of this section shall subject the offender where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent (D) Each day's continuing violation shall be a separate and distinct offense, and is  the support of any awning.  sidewalk.  jurisdiction as outlined in 94.99. subject to penalties as outlined in 94.99. $94.036 TREE TRIMMINGS. shrubbery on any street or sidewalk.  (A) It shall be unlawful for any person to place or allow to be placed any tree trimmings or (B) All violations of this section shall subject the offender where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent (C) Each day's continuing violation shall be a separate and distinct offense, and is  jurisdiction as outlined in 94.99. subject to penalties as outlined in 94.99.  $94.070 MOVING OF BUILDING; PERMIT REQUIRED. has been issued by the Town Clerk or his or her designee. and the building shall not be moved over the streets.  (A) No person shall move or assist in moving any building on, through or across any street, public alley or over any! bridge or paved sidewalk with the town unless and until a permit therefor (B) Ifit is determined by the Public Utilities Director that the moving of any building may cause serious injury to the streets or other public improvements, the permit shall not be issued (C) All violations of this section shall subject the offender where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent  jurisdiction as outlined in 94.99.    EXHIBIT F  CHAPTER 94: STREETS AND SIDEWALKS  (D) Each day's continuing violation shall be a separate and distinct offense, and is  subject to penalties as outlined in 94.99.  $94.090 STREET NUMBERS FOR BUILDINGS, HOUSES, MANUFACTURED (A) All buildings, houses, manufactured homes, mobile homes and mobile units fronting on any street or alley in the town shall be numbered in some conspicuous place on the principal structure by the owner thereof, according to numbers assigned by the U.S. postal service: all odd numbers being on one: side of the street and alle even numbers on the other. The numbers are to be approximately three and three-fourth inches in height, a color different from surrounding colors, and placed sO that they can be easily seen from the street by police, fire and rescue personnel. Reflective numbers are preferred but are not mandatory. (B) Any person not knowing his or her street number shall apply to the Postmaster for a number. Any person failing or refusing to put the proper number on his or her building, house, manufactured home, mobile home or mobile unit or putting the wrong number thereon, or failing orr refusing to comply with any other requirement of this section shall be gulyofamisdemeano: subject to the penalties as outlined in 94.99, and each day's continuing violation shall be (C) All violations of this section shall subject the offender where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may. be enforced by an appropriate equitable remedy including but not limited to injunctions-and orders of abatement issued from a court of competent  HOMES, MOBILE HOMES AND MOBILE UNITS.  a separate and distinct offense.  jurisdiction as outlined in 94.99. $94.999 PENALTY.  (A) Any person violating any provision of this chapter for which no specific penalty is (B) (1) Failure to obtain a permit prior to moving a building or failure to comply with any other requirements of SS 94.070 through 94.079 shall result in a civil penalty being imposed on the responsible party in the amount of $500. In addition, the Town Clerk or his/her designee may refuse to issue any further house moving permits to the house mover and to the house mover's business until all appropriate penalties have been paid and all provisions of this chapter have been complied with. If a person fails to pay this civil penalty within ten days after being cited for a violation, the town may seek to recover this penalty by filing a civil action in the nature (2) Violations of the above mentioned sections shall not be considered a misdemeanor (3) The town may seek any appropriate equitable remedy from a court of competent jurisdiction to ensure compliance with above mentioned sections, including but not limited to (4) The town may seek to enforce SS 94.070 through 94.079 by using any oneora  prescribed shall be subject to S 10.99.  of a debt.  pursuant to G.S.S S 14-4.  an injunction or order to abate the violation. combination of the foregoing remedies.    EXHIBIT F  CHAPTER 94: STREETS AND SIDEWALKS  (D)(1) Any person, firm or corporation including but not limited to property owners and/or tenants violating provisions 94.024, 94.036, or 94.090, or failing or neglecting or refusing to comply with same, shall be subject to a civil penalty in the amount of $50 after the given time to correct expires, or after the first 5 calendar days following the  Notice of Violation where not otherwise specified.  (2) Each day that a violation continues after a person has been notified that such a violation exists, and that he or she is subject to the penalty specified in subsection (a), shall constitute a separate offense once the time to correct has (3) The violator shall contact Town Hall for a re-inspection once the violation is remedied in order to stop the accrual of civil penalties. This penalty may be recovered by the Town in a civil action in the nature of debt if the violation persists 30 days after the violator(s) have been cited for violation of the ordinance, orifal balance remains unpaid after a final invoice is mailed. (4) Atown agent or employee may perform any work that may be necessary to abate violations of this section, including but not limited to entering on private property and the removal and disposal of belongings, structures, or debris fully or partially contained within the right-of-way or on a sidewalk. The town shall charge the cost thereof against the premises upon which the violation originated and/or  expired.  is present.  (a) The costs of any work performed under this section shall constitute a lien against the premises requiring work to be performed and may be collected in the same manner as taxes upon real property. The term COSTas used in this section shall include interest at the rate of 8% per annum until the lien is paid. Interest does not accrue until al bill for the  cost becomes overdue (Senate Bill 181, 1999).  (5) This section may also be enforced by any appropriate equitable action, including but not limited toi injunctions or orders of abatement. (6) The Town may enforce this chapter by any one or any combination of the (7) Violations of the above mentioned sections shall not be considered a  foregoing remedies.  misdemeanor pursuant to G.S. S 14-4.    EXHIBIT G  Town ofD Dallas 2101 North Holland Street Dallas, NC 28034-1625 (704) 922-3176 Fax: (704)9 922-4701  DALLAS The Crossroads fGaston County Town of Dallas  Special Events! Activities Application  Thep purpose oft this application is to provide information abouty youre event or activity in orderf for the Town of Dallas to best assist you. Depending ont the specific event, ap permit application andlori fee(s) from other departments may be required. The applicant is responsible for providing complete and accuratei information ont the application, including an attached detailed site plan when applicable. The applicant is responsible for notifying the Town of Dallas of any changes after submittal oft the application. Incomplete applications will not be accepted. A complete application must be submitted: atl least 30 days prior tot the  event.  APPLICATION INFORMATION  Name of Event: Applicant Name: Organization: City /State Zip: Daytime Phone: Description of the Event:  Not-th GASDN ARCA CRop WAIK NDR7h GASHOA ARcA CRop (SAIK AALAS NC 28034  Facility Requested: DeANis EPANKCym - CLONINGER PARX  Vickie Boyd  Mailing Address: 2305 ilside DRive  7b9R7HAS# CA70ES7RTA5 EMawhyeIlw, net  AMAIK-to eNd NuNgeR - This's FUNd  RAiSeR - MANU Chueches SA DALAS DAPH, di pAte J Noth GASH gh School, ATL Eunds RAises Ge to Chuech LJoeld SeRvice.  C  Does the event have a Facebook, Twitter, or other social networking page: Ifyes, please list URL(s): Date (s) Requestedi for Event: Ddobce 20, 20/9 Event Start Time: 2:00 pm Road Closure Time Begins (if applicable): NoNE Preferred Date & Time of Inspection (if required):  NO  Event End Time: 30Pm Road Closure Time Ends: NoNe Set Up Ends: 145Pm  Set Up Begins: Estimated Attendance: The Event is: NoNfe  /a:30pm  11D  Private (byi invitation only)  or  JOpen to General Public  Describe the procedures to be used for selecting vendors and exhibitors for this event:  Applicant's Signature: uw Boyd  Date: Quau27.2019  Ap pre-event meeting may be required and will bes scheduled toi include appropriate staff. The event applicant must  attend the meeting.  1    EXHIBIT H  Property Address Description  150,63/(A)E Everye abandoneds structurev withint the towns shallb bec deemedi inv violationy whent the welfarec duet toir insects orr rodents; fireh hazards; dangerous conditions; andlor useb byv vagrants. 150.63 (A)Everya abandoneds structurev within the town shall bed deemedi inv violationy when the welfare duet toinsects orr rodents;f fireh hazards; dangerous conditions; and/oru useb by vagrants. 150.63 (A)Everya abandoneds structurev withint the town shallbed deemedi inv violationy whent the welfared duet toir insects orr rodents; firel hazards; dangerous conditions; and/or useb byy vagrants. 150.43( (A) Certificatec ofc compliance. Nop person shall occupy or allowa anothert toc occupy, orh holdout fori intended uset forh habitationa anyb building, tobe usedf fort thep purposed ofhumanh habitation whicho does noto complyv witht thes standardso ofthis Code andf forv whichav valido hasn not beeni issued. 150.63( (A)E Everya abandoneds structurev withint the towns shallbed deemedi inv violationv whent the structure constitutesa ahazardto toh health, safetyor welfarec duet toinsects orr rodents;f fireh hazards; dangerous conditions; and/oru uset byv vagrants. 150.63 (A)E Everya town shallbed deemedi inv violationw when the welfare duet toinsectso orr rodents; fireh hazards; dangerous conditions; andlor usebyv vagrants. 150.43(C)(3) Allfixtures, receptacles, andi installedi ina adopted! byt theto town.  MINIMUMI HOUSING 117W fields structure constitutesa ahazardto! health, safetyor 2 MINIMUMI HOUSING 512ERobinson structure constitutes ahazardtoh health, safetyor MINIMUMI HOUSING 607V WMains St structure constitutes ahazardt toh health, safetyor MINIMUMH HOUSING 522E Carpenter St dwelling unitorr rooming unit designedo ori intended  InProgress- ALMOST COMPLETE InProgress- BOARDEDE BUT STILL VACANT, TOBE SOLDBY DECEMBER InProgress- COORDINATINGI WITH CHURCH, FDCANE BURNF FORF FREE InProgress- OCCUPIEDWITHOUT ACCESS TOUTILITIES  ofc compliance  InF Progress- DEMOLISHA ADOPTED InProgress- ORDINANCE TO DEMOLISHA ADOPTED, TOBE BURNEDI INS  TO  MINIMUMH HOUSING 406s starr  structurev withint the  MINIMUMI HOUSING 5190t thornburg structured constitutes ahazardtoh health, safetyor  150.43 (F) (1) Everyf foundationy wall, exterior walla ande exteriorr roofs shallbe coveringt top preventt thee entranceor penetration ofm moistured ort thew weather. 150.43(D) Minimum standardsfor heating. Every5 building, dwellingu unit and rooming units shallh havef facilitiesf for accordance witht theE BuildingCode adopted by thet town: ands shallbe maintainedi ina safe andg goody working condition.  equipment andv wiring shouldber maintained ina substantially weather-tight, water-t -tight InProgress- OWNER GOTF PERMITS  MINIMUMI HOUSING 514EF Robinson St statec ofgoodr repair, safe, capablec oft beingu used andr rodent-p proof; Everye exteriorv walls shall FORF REMODEL  witht thee electric code bep protectedv with paintoro other protective  dan  150.43 (F) (1) Everyf foundationv wall, exteriorv wall providing! heats so ast toheate eacho dwelling In Progress- PERMITS OBTAINED, walls shallb bep protectedy with paintorc other. protective/floor duringo ordinary minimumy winter REQUESTED- GRANTEDDUETO coveringt top preventthe entranced orp penetrationof conditions, ands shalll bei installedin PROGRESS)  ande exteriorr roofs shall bes substantially moistured or thew weather.  unitv withr minimumt temperatured of7 70"F OWNER GIVENU UNTIL AUGUST TO  MINIMUMH HOUSING 506NHillSt tight, water-tighta andr rodent-proof, Every exterior measured atap pointt threef feeta abovet the COMPLETER REPAIRS (EXTENSION  150.43 (F) (1)E Everyf foundationw wall, exteriorw wall ande exterior roofs shall bes substantially weather- walls shallb bep protectedv withp paintor otherp protectivel coveringt top preventthe entrance orp penetrationo of moisture ort thew weather. 150.43 (F) (1) Everyf foundationy wall, exteriorw wall orc construction ande exteriorr roofs shallbes substantially weather. ofanyb buildingors structure( (including walls shalle bep protectedy withy paintoro other prolective)application: andp plans are coveringt top preventthe entrancec orp penetrationo of submittedf for reviewa anda approvalinthe moisture ort thev weather. 150.43(A) Certificated ofc compliance. Nop person shallo occupy ora allow anothert to occupy, orl holdout fori intendedu usef for human! habitationa any! building, tobe usedf fort thep purpose ofhumanh habitation which doesr noto complyv witht thes Codea andforv whichav valid hasn notb beeni issued.  MINIMUMI HOUSING 3080 dallass stanley tight, water-tighta andr rodent-p proof; Everye exterior  Investigated- noty yets started  150.22(A)-2 Zoning permitr required. No alteration, remodeling, repair, enclosure, formo ofaz zoning permitb byt thete town's Development Services Director.  10 MINIMUMI HOUSING 311NCOLLEGE tight, water-tighta andr rodent-p proof; Every exterior fences)s shallt takep place untilan  Investigated- noty yets started  11 MINIMUMH HOUSING 312S Holland dwelling unito orr rooming unito designedo ori intended  Investigated- noty yets started Investigated- noty yets started Investigated- noty yets started  ofthis ofc compliance BOARDED  12 MINIMUMH HOUSING 511EPEACHTREE ABANDONEDS 13 MINIMUMH HOUSING 517EPEACHTREE ABANDONEDS STRUCTURE- BOARDED    EXHIBIT H  150.43(D) Minimums standardsf for heating.E Every building, dwelling unita and rooming units shallhavef facilitiesf for accordance witht thet BuildingCode adopted! by thet towna ands shallbe maintainedi inas safea andg goodw working condition.  150.43(C)(3). Allfixtures, receptacles, providingh heats soa ast toheate each dwelling equipment andv wirings shouldben maintainedi ina unitw withr minimumt temperature of70"F andir installedir ins accordancey witht thee electric code conditions, ands shall beir 93.06( (B)lts shallbeu unlawfultoh haver more thano one junkedn motorv vehicle, asd definedh herein, onthe premises ofpublicory private property. Single, permittedj junkedn motorv vehiclen musts strictly comply witht thel locationa ando concealmentr requirements! by thiss section. 93.06( (B)lts shallbeu unlawfult tol haver moret thano one junkedmotorv vehicle, asc defined! herein, onthe premises ofpublicc orp privatep property. Single, permittedj junkedn motor vehicler musts strictly comply witht thel locations ando concealmentr requirements! by Onej junkedr motorv vehicle, initse entirety, canb be locatedint thereary yardift thej junkedn motor vehicle isentirelyo concealedf fromp publicv viewf froma apublic streetandf froma abuttingF premises! bya ana acceptable 93.06 (B)ltshallb beu unlawfult to! have moret thand one junkedm motorv vehicle, asc definedh herein, ont the permitted junkedr motor vehicler musts strictlyo comply witht thel locationa ando concealmentr requirementst by 93.06( (B)Its shallb be unlawfult toh haver moret thano one junkedmotorv vehicle, asd definedh herein, onthe premisesofp publicc or privatey property. Single, permittedj junkedn motorv vehiclen musts strictlyo comply witht thel locations ando concealmentr trequirements! by Onej junkedr motorv vehicle, ini its entirety, canbe locatedi int thereary yardifthej junkedn motorv vehicle isentirely concealedf fromp publicv viewf from apublic streeta andf froma abutting premisesk bya ana acceptable 93.06( (B)Its shall beu unlawfultoh haver moret thand one junkedn motor vehicle, asc definedh herein, ont the premises ofp public orp private property. Single, permittedj junkedn motor vehiclen must strictly comply with thel locationa ando concealmentr requirements! by Onej junkedn motor vehicle, inits entirety, canbe locatedint thereary yardif fthej junkedn motory vehicle ise entirely concealedf fromp public viewf froma apublic street andf from abutting premises! bya ana acceptable 93.06( (B)! Itshall beu unlawfult tol have moret thano one junked motor vehicle, asc definedH herein, ont the premises ofp publico orp private property. Single, permittedj junkedr motor vehicler musts strictlyo comply with thel ando concealmentr requirementsby Oneju junkedn motorv vehicle, initse entirety, canbe locatedi int ther rear yardifthej junkedr motorv vehicle ise entirely concealedf fromp publicv viewf froma apublic streeta andf froma abutting premises! by ana acceptable  14 MINIMUMH HOUSING 427S SCollegeSt stateofgoodr repair, safe, capabled ofbeingu used floor measured duringo atap ordinaryr pointt threef minimumy feeta abovet winter the Investigated- noty yets started  adopted byt thet town.  15 NUISANCE- CARS 3021 Ingle  InProgress- Violation sent  16 NUISANCE- CARS 2009 RedLeafct thiss section.  Investigated- noty yets started  covering.  17 NUISANCE- CARS 308 WMainSt premises ofp publico orp privatep property.s Single,  Investigated- noty yet started  thiss section.  18 NUISANCE- CARS 311SHOLLANDST thiss section.  Investigated- noty yets started  covering.  19 NUISANCE- CARS 502NHILLST thiss section.  Investigated- noty yets started  covering.  20 NUISANCE-CARS 608 NORTHST thiss section.  Investigated- noty yets started Investigated- noty yets started Investigated- noty yets started  covering.  21 NUISANCE- GENERAL 502NPoplar camper andj junk.  92.01 (A)1 1-Noxiousv weedsa ando other rank vegetationt toaheightg greatert than1 12inches; ora anyl accumulationo ofd deadv weeds, grassc ork brush  22 NUISANCE-HEALTH 300V WCHURCHST vegetation; anyg growtho ofweedsc orgrasso orother    EXHIBIT H  92.01 (A)1 1- Noxiousv weedsa ando other rank vegetationt toah heightg greatert than 121 inches; or anylor accumulation ofd dead weeds, grassork brush nuisance  92.01 (A)4-A Accessoryb buildingor soast toc constitute apublic!  23 NUISANCE-H HEALTH 414S Maples St vegetation; anys growtho ofweedso org grasso or other structure that has become sod dilapidated Investigated- INP PROGRESS  92.01 (A)1 1-Noxiousv weedsa ando otherr rank vegetationt toaheightg greatert thani 12inches;o or anyl accumulationc ofd deadv weeds, grassorbrush  24 NUISANCE-HEALTH 307SHOLLANDST vegetation; anys growth ofweedso org grassoro other BLOCKEDV VISIBILITY  Investigated- notyets started  150.43(A) Certificatec ofcompliance. No persons shallo occupy ore allow anothert to occupy, orholdo outf fori intended usef for standards ofthis Code andf forv whicha valido certificatec ofcompliancel hasr not been issued. shalll be BLOCKEDVISIBILITY  NUISANCE- HEALTH 25 MINIMUMH HOUSING  92.01 (A)1 1-Noxiousy weedsa ando other rank humanh habitationa anyb building, dwelling vegetationt toaheightg greatert than1 12inches; ora anytob be usedfort thep purpose ofhuman accumulation ofd deadv weeds, grass ork brush habitationv whichd doesn notc comply witht the  308 SHOLLANDST vegetation; anys growth ofweeds org grassord other unitorr roomingu unitd designedori intended Investigated- noty yets started  92.01( (A)5-Allf fences, retainingv walls ors similar structurest thata arer notf firmlya anchoredt tothe ground, maintainedi ing goods structuralc conditiona and repaired, replacedord completelyr removed. Grass, weeds ando otherv vegetationa aroundt thef fences shall ber maintainedinc compliancev witho division( (A)(1). 92.05(C) Personsv whoc cutort trimt treesf for hire shall, within ten days after the completion ofa remainingr refuse fromt thep premises upon whicht the jobv was performed, and disposedoft thes same ata landfillo ord other similar placec ofc disposal. 92.01( (A)1 1-Noxiousy weedsa ando otherr rank vegetationt toal heightg greatert than1 12inches;or: any accumulation of deadv weeds, grasso ork brush 92.01( (A)4-A Accessory buildingors structuret thath has constitute ap publicn nuisance 153.016 (E) Maintenancer required. Allfences and wallss shallbek kepting goodr repair, witho maintenance, replacement: andr reconstruction similars structurest thata arer notf firmly occurringa asr needed. Af fencev willbed considered anchoredt tot theg ground, maintainedin dilapidatedy when, byr reasono ofinadequate deterioratedord decayed, orh hasb bento ork broken be repaired, replacedo or completely supportsa andp panels and nol longers adequately removed. Grass, weedsa ando other servest thep purposef forv whichit itwas originally vegetation aroundt thef fencess shalll be intended. Ifvegetative: screeningisi includedv with maintainedi inc compliance with division thef fence/wall, vegetationa ands shrubsn mustbe (A)(1). trimmeda andr maintained. TUSRy mrusrurtapurst uperry porcnes, decks, open garages ando other outdoora areas that arev visiblet tos orc other publica areasa asa furniture( (butn noti includingt typicalo outdooro ory yard furniture), tools, equipment, junk, garbage, old, worn out, brokend or discardedn machinery and  26 NUISANCE- HEALTH 321SHOLLANDST freeofd  Investigated- noty yets started  27 NUISANCE-HEALTH 403 MONARCH particular job, removes allt treet trimmingsa ando other 28 NUISANCE-H HEALTH 611LEWISS ST vegetation; anyg growtho ofv weeds org grassorc other  Investigated- noty yets started Investigated- noty started yets Investigated- notyets started  29 NUISANCE- HEALTH 510NPoplar become sod dilapidated or  soasto  92.01 (A)5-Allf fences, retainingv wallsor goods structuralc conditiona andfreeof  NUISANCE-H HEALTH 202 WGIBBSS ST maintenance, obsolescenced or abandonment,itis deterioration. Deterioratedfeatures: shall InProgress  ZONING  31 NUISANCE-GENERAL 103EChurchSt storageo or collectionp placef forb boxes, appliances,  InProgress    EXHIBIT H  91.10(A) Theu use ofcarports, open porches, decks, opens garagesa ando other outdoora areast that arev visiblet tos streetso oro other public: areas asa storageo or collectiong placef forb boxes, appliances, furniture (butn notir includingt typical outdoord oryard furniture), tools, equipment, junk, garbage, old, worn out, brokenc ord discardedr machinery and equipment, cans, householdg goods ora anys similaro conditiont that increasest theli likelihoodo ofaf fire; mayo conceal dangerous conditions, mayl bea abreedingp placeor habitatf forr mice, ratsoro others pests; orc createa an unattractivec conditiono orv visuallyb blighted property 91.10(A) Theuse ofcarports, openp porches, decks, openg garages and other outdoora areast that arev visiblet tos streetso ord otherp publica areasa asa storageor collectionp placef forb boxes, appliances, 92.01 (A)3-A Accumulation ofrubbish, trash furniture (butn noti includingt typicalo outdoor oryard orjunko causingo ort threatening! tocausea furniture), tools, equipment, junk, garbage, old, fire! hazard, ord causingo ort threateningto equipment, cans, containers, cardboardo containers, thei inhabitationt thereofbyr rats, mice, household goods ore anys similard conditiont that snakes orr noxiousi insects. increasest theli likelihoodo ofaf fire; may conceal dangerous conditions, mayk bea abreedingF placeor habitatf forr mice, ratsoro otherp pests; oro createa an unattractive conditiono orv visuallyk blightedp properly 91.10(A) Theusec ofcarports, openp porches, decks, openg garages and otherc outdoor areas that arev visiblet tos streetso orc otherp publica areas asa  32 NUISANCE-GENERAL 305ND Davis  Investigated- noty yets started  cardboardo containers,  33 NUISANCE-GENERAL 506EF Poplar worn out, broken ord  machinery and cause accumulationc ofs stagnantv wateror Investigated- noty tyets started  storaged or collectionp placef forb boxes, appliances, 92.01 (A)3-A Accumulation ofrubbish,t trash furniture( (butn notir includingt typicalo outdoorc ory yard orj junko causingo or threateningt toc causea equipment, cans, containers, cardboardo containers, thei inhabitationt thereofbyr rats, mice, household goods ora anys similard conditiont that snakes or noxiousi insects. theli likelihoodo ofaf fire; may conceal dangerous conditions, mayb beabreedingr placeor habitatf forn mice, ratsorc other pests; or createa an unattractive condition orv visuallyt blighted property 91.09( (A) Theuseo ofc carports, open porches, decks, openg garages ando other outdoora areast that are visiblet tos ord otherp publica areasa asa storageorc collectiong place forb boxes, appliances, 92.01 (A).3- Accumulation ofrubbish, trash furniture (butnotir includingt typicalo outdoord ors yard orj junko causing ort threatening toc causea furniture), tools, equipment, junk, garbage, old, fireh hazard, or causing ort threateningto worn out, broken ord equipment, cans, containers, cardboardo containers, thei inhabitationt thereofbyr rats, mice, householdg goods ora anys similaro conditiont that snakes orr noxiousi insects. increasest theli likelihoodo ofafire;n mays conceal dangerous conditions, mayb bea abreedingp placeor habitatforr mice, ratsoro otherp pests;o or createa an unattractive conditiono orv visually! blightedp property 91.10(A) Theu useo ofcarports, open porches, decks, opens garages ando other areast that  NUISANCE- -GENERAL 410NCOLLEGE ST furniture), tools, equipment, junk, garbage, old, firel hazard, orc causing or threateningto  NUISANCE- HEALTH  worn out, brokeno ord discardedn machinery: and cause accumulation ofs stagnantv watero or InProgress- active! NoticeofViolation:  NUISANCE-GENERAL NUISANCE- HEALTH 301LaySt  machinerys and cause accumulation ofs stagnantv watero or InProgress- active! Noticeo ofViolation  arev visible tos streetso oro othery public areas asa 153.0 009( (B) (1) Noa accessory structure storageor collectiong placef for boxes, appliances, forv which this sectioni is applicable shallbe furniture (butr noti includingt typicalo outdoor oryard constructedo orp placedo ona alotv without furniture), tools, equipment, junk, garbage, old, priori ofaz zoningp permitis issuedby. equipment, cans, containers, cardboardo containers, permitv willl bei issuedfora accessory households goods ora anys similard conditiont that structures onk lotsy withouta aprincipal increasest thell likelihoodo ofat fire; may conceal structurep present. habitatfo forr mice, ratsoro other pests; ord createa an unattractive conditiono orv visuallyb blighted property  ZONING  G1OBROOKGREEN worn out, brokeno ord discardedn machinerya and theD Developments Services Director. No InProgress- COURTA ACTIONNEEDED  dangerous  mayk beabreeding placeor  37 ZONING  507EPoplar oldtrailer-c occupied? Dilapidated  Investigated- noty yets started  90.02(2) Thea areav whereint thel hive(s)a arel located shalll bes screenedf from view bye eithera anopaque ("nons see-through"fencec ofa atleastf fourf feetin height, andlora ane equivalents screeningof vegetation. Ifavegetatives screenisu used, such vegetations shall bei installeda atan minimalh heightof fourf fet uponp planting. Inno cases shalla ahivel be visiblef froma ap publics streetors sidewalk. publicr rights-of-way.  36 ZONING  601  Investigated- noty yets started  51.04(A) Everys site uponw which onec orn more screenedy 51.04(B)(1) where,i Alld dumpsters inthe absenceof shallbe dumpsters aret tobep placeds shall bel located and screening, theyv wouldb bec clearlyv visible at minimizea any harmfule effecto onp personso occupying any dwellingu unito onr residential property thed developments site, neighboringp propertiesor othert thant thatw wheret thed dumpsteris  PUBLICV WORKS ZONING  612ETRADEST  so astof facilitatec collectiona and dumpsterk levelto toPersons! locatedv within Investigated- noty yets started  located    EXHIBIT H  $153.0 003( (A) Not buildingo or lands shall beu usedor $153.060 Theo outdoors storage ofany occupied andn not buildingory partt thereofs shallbe motor vehicles oru useda appliances shallbe erected, movedo ora alterede exceptino conformityv with screenedf fromt thep publics street andf from  ZONING  112NS SUMMEYST ther regulations! hereinf fort thez zonei inv whichit itis anya adjoiningl lotsb bya chainl linkf fenceat Investigated- notyets started  located. Use:  least fivef feeti int height, andbya arowof hedgeord othern naturalp plantingof  storagel lotinanR-8 comparablec opacity.    EXHIBIT H  CODE ENFORCEMENT OFFICER- PART-TIME  General Statement of Duties Distinguishing Features of the Class  Performs responsible worki int the enforcement of zoning and other Town ordinances.  An employee int this classi is responsible for carrying out a consistent program ofe enforcement of various Town codes within the Town limits, and the ETJ Jwhere appropriate. The employee responds to andi investigates issues concerning zoning or public nuisance-types, as well as following up on potential problems discovered during regular patrolling of the community. Initiative and collaborative conflict resolution is required ine ensuring property owners, residents, and business owners comply with regulations. Duties are performed under the supervision oft thel Development Services Director anda are evaluated through observation, reports,  and feedback from the public. Essential Duties and Tasks code violations.  Duties and Responsibilities  Tracks and responds to complaints regardingz zoning, nuisance, or minimum housing violations.  Conducts code enforcement operations within the Townt toi identify and address zoning, nuisance, and minimum housing Conducts the necessary researchi into various matters and coordinates activities with other departments, as applicable.  Interprets the Town's ordinances and regulations to individuals. Issues violations, notices, warnings, and citations.  Coordinates abatement actions as needed and verifies work is complete. Creatès and) processes invoices and/or liens related to code enforcement activities. Serves as a Town Representative at Town Board meetings and/or court proceedings as needed  Removes illegal signs from rights-of-way.  Works with other Town employees, including those within the Police Department and Fire Department, toi further identify  problem/blighted: areas anda affect a complete enforcement strategy.  Assists int the development of new policies, procedures, and ordinances as needed.  Additional Job Duties  Performs other duties as required.  Recruitment and Selection Guidelines  Knowledge, Skills, and Abilities  Skills to operate eVaiapaCenew devices, typically used within an enforcement environment; including Microsoft Office applications, enforcement/plannings software programs, personal computers, tablets, fax machines, and phone Ability tol learn and apply aspects of federal, state, and local laws, regulations, policies, procedures, and standards pertinent  systems.  to assigned areas ofr responsibility.  Ability to interpret codes and ordinances and their application to specific situations. Ability top prioritize, manage, and organize a variety of enforcement activities. Abilityt to express ideas effectively in oral and written forms.  Abilityt to develop legal citations and warnings.  Ability to work collaboratively to resolve problems and to enforce regulations tactfully and firmlyi in a consistent manner.    EXHIBIT H  Ability to conduct themselves ina aj professional manner, regardless of thes situation. Ability to perform varied assignments under appropriate degrees of supervision.  Abilityt to establish and maintain effective working relationships with Town and State officials, developers, property.owners  and the general public. Physical Requirements  Must be ablet to physically perform thel basic life operational functions of stooping, kneeling, reaching, standing, walking, Must be ablet to perform light work exerting upt to 20 pounds of force occasionally, and/or upi to 10 pounds of force Must possess visuala acuity to perform reviews, field inspections; prepare and analyze data and statistics, operate a  climbing stairs, pulling, pushing, lifting, fingering, talking, hearing, and repetitive motions. frequently, and/or a negligible amount of force constantly to move objects.  computer and do extensive reading. Desirable Education and Experience  Requires graduation from High School and two years of experience ini inspections or enforcement; or any equivalent  combination of experience and training which provides the required knowledge, skills, and abilities.  Special Requirements  Possession ofa a valid North Carolina driver's license.  Code Enforcement Officer-Pg.2    EXHIBIT H  Town of Dallas Budget Amendment  Date:  September 10,2019  Action: Community Development  Purpose: To Appropriate Funds for Part-Time Code Enforcement Officer  Number:  CD-001  Line  Original Amount $224,049 $62,101 $3,900 $913 $120 $0  Amended Amount $243,411 $77,301 $4,842 $1,133 $1,920 $1,200  Fund 10 10 10 10 10 10  Dept 3999 4110 4110 4110 4110 4110  Item Item Description 0000 Fund Balance. Appropriated 0200 Salaries 0250 FICA 0251 Medicare 3400 Equipment 3500 Furnishings  Difference $19,362 $15,200 $942 $220 $1,800 $1,200  Approval Signature (Town Manager)