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  2. CHAPTER 11. BUILDING AND HOUSING CODE
  3. Article 11.8. Demolition by Neglect of Historic Landmarks and Structures Within Historic Overlay Districts

Sec. 11.8.3. Safeguards from Undue Economic Hardship

  1. Claim of Undue Economic Hardship
    1. When the property owners believe that they will be unable to obtain a reasonable return on or a reasonable beneficial use from the property owing to the effects of this section, written notice of intent to file a claim of Undue Economic Hardship must be sent to the City postmarked within 10 days following the hearing on the petition, unless oral notice of intent is made to the City during the hearing. The City shall notify the Historic Development Commission within 3 days following receipt of a written notice of intent.
    2. The Economic Documentation outlined in Sec. 11.8.3.C. shall be provided by the claimant to the City within 45 days following the hearing on the petition for transmittal to the Hardship Review Panel.
    3. Under this section, the claimant for economic hardship and the City, the Historic Development Commission, the Hardship Review Panel, and any interested party shall consult in good faith in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts shall be documented by the claimant and presented at the hearings described in Sec. 11.8.3.B.
  2. Hardship Review Panel
    1. A Hardship Review Panel shall be established to analyze documentation submitted in support of claims of undue economic hardship. The panel shall prepare a report of its determination whether the evidence supports a conclusion that the property owners will be unable to obtain a reasonable return on or a reasonable beneficial use from the property owing to the effects of this section. If in the panel’s opinion a hardship exists, the report may also offer recommendations for relief of the economic hardship.
    2. The City shall coordinate the selection of an ad hoc review panel. The panel shall be comprised of real estate and redevelopment experts knowledgeable in real estate economics in general, and more specifically, in the economics of renovation, redevelopment and other aspects of rehabilitation.
    3. The panel shall consist of 3 persons. Two of the persons shall be selected within 30 days of the hearing on the petition – one by the Historic Development Commission and one by the claimant. The third person shall be selected by the first 2 appointees. The City and the claimant shall bear the cost of their respective selectees and shall split the cost of the third person. If the first 2 appointees cannot agree on a third person within 45 days of the date of the hearing on the petition, the third appointee shall be selected by the City within 5 days after the expiration of the 45-day period. Members of the review panel may not be:
      1. A person with financial interest in the property;
      2. An employee of or paid consultant to the claimant, the City, or the Historic Development Commission; or
      3. A person that has generated or been involved with any of the economic documentation outlined in Sec. 11.8.3.C.
    4. The City shall provide the Hardship Review Panel with the Economic Documentation provided by the claimant within 5 days of the panel’s formation or when the documentation is received, whichever occurs later.
    5. Within 90 days of the hearing on the petition for Demolition by Neglect, the Hardship Review Panel shall review the Economic Documentation, hold a hardship hearing, and forward its findings and determination to the City.
      1. The City shall provide notice that a hardship hearing will be held before the panel at a place fixed not less than 30 nor more than 45 days after the panel is formed; that the property owners shall be given a right to give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Hardship Review Panel. The Historic Development Commission shall also be given notice of the hearing.
      2. The panel shall hold its initial meeting to review the claimant’s submitted Economic Documentation within 10 days of when the panel is formed. The panel may at any time request any additional information as set forth in Sec. 11.8.3.C.
      3. The purpose of the hardship hearing is to review the claimant’s submitted Economic Documentation, receive additional evidence concerning the claim of undue economic hardship, and to ascertain whether additional economic documentation is required.
      4. Following the Hardship Review Panel’s hearing on the claim, the panel shall consider all information received and cause to be made a determination of undue or no undue economic hardship. The panel shall prepare a written report of its determination that shall include findings of fact for such determination.
      5. If in the panel’s opinion a hardship exists, the panel’s report shall establish a monetary value of capital expenditure on the property that the panel believes would yield a return on the investment without economic hardship. If the panel believes the property cannot support any capital expenditure, it shall so state. The panel may also offer recommendations for relief of the economic hardship.
    6. The determination of the Hardship Review Panel shall be final, subject to appeal as noted in Sec. 11.8.4.B.
  3. Economic Documentation
    1. When a claim of undue economic hardship is made owing to the effects of this Article, the property owners must provide evidence describing the circumstances of hardship. The minimum evidence provided by the property owners shall include for all property:
      1. The property owner's knowledge of the landmark or historic overlay designation at the time of acquisition, or whether the property was designated subsequent to acquisition;
      2. Form of ownership or operation of the property (sole proprietorship, for-profit corporation or non-profit corporation, limited partnership, joint venture, etc.) or legal possession, custody, and control;
      3. Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance, and any terms of financing between buyer and seller;
      4. The annual gross and net income, if any, from the property for the previous 3 years;
      5. Itemized operating and maintenance expenses for the previous 3 years, including proof that adequate and competent management procedures were followed;
      6. Past capital expenditures during ownership of current owner;
      7. Depreciation deduction and annual cash flow before and after debt service, if any, for the previous 3 years;
      8. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, during the previous 3 years;
      9. Real estate taxes for the previous 3 years and assessed value of the property according to the 2 most recent Wake County assessed valuations;
      10. All appraisals obtained within the previous 3 years by the owner or applicant in connection with the purchase, financing or ownership of the property;
      11. Any state or federal income tax returns on or relating to the property for the previous 3 years;
      12. Any listing of the property for sale or lease within the previous 3 years, price asked and any offers received, the name of the any real estate broker or firm engaged to sell or lease the property, and any advertisements placed for the sale or rent of the property;
      13. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;
      14. An estimate of the cost of the required construction, alteration, repair, demolition, or removal required by the order;
      15. The estimated market value of the property in its current condition and such value after completion of the required construction, alteration, repair, or removals;
      16. A report from an architect, developer, real estate consultant, appraiser, or other professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property;
      17. An analysis of common costs expended in both rehabilitation and comparable new construction immaterial to which type of project is undertaken;
      18. Economic incentives and/or funding available to the applicant through federal, state, city, or private programs.
    2. The review panel may receive and consider studies and economic analyses from other city agencies and from private organizations relating to the property in question.
    3. The review panel may require that the property owners furnish such additional information that is relevant to its determination of undue economic hardship. The review panel may request the City to furnish additional information as it believes is relevant. The review panel shall also state which forms of financial proof it deems relevant and necessary to a particular case.
    4. In the event that any of the required information is not reasonably available to the property owners or the City and cannot be obtained by the owner or the City, the owner or City shall describe the reasons why such information cannot be obtained.
  4. Action on Hardship Review Panel’s Determination
    1. The City shall provide a copy of the Hardship Panel’s report to the property owner and to the Historic Development Commission.
    2. In the event of a determination of no undue economic hardship, the City shall cause to be re-issued the stayed order for such property to be repaired within the time specified.
    3. In the event of a determination that undue economic hardship would result from an order to repair, the Historic Development Commission shall within 60 days of its receipt of the report prepare a Plan for Relief of Economic Hardship.
    4. Should the Historic Development Commission fail to act within 60 days of its receipt of the report, the City shall rescind the order for repair and return the petition to the Historic Development Commission.
  5. Plan for Relief of Economic Hardship
    1. In the event of a determination of undue economic hardship, the Historic Development Commission shall develop a plan to relieve the economic hardship. This plan may include, but is not limited to,
      1. Capital expenditure by the property owner,
      2. Property tax relief as may be allowed under North Carolina law,
      3. Loans or grants from the City, the County, or other public, private, or nonprofit sources,
      4. Acquisition by purchase or eminent domain,
      5. Building code modifications,
      6. Changes in applicable zoning regulations, or
      7. Relaxation of the provisions of this section sufficient to mitigate the undue economic hardship.
    2. The Commission shall give precedence to recommendations for relief of hardship contained in the report of the Hardship Review Panel, if any; the plan should include the Commission’s rationale for not incorporating any Panel recommendations into the Commission’s plan. The plan should also include a statement documenting good faith consultation as outlined in Sec. 11.8.3.A.3.
    3. The Commission’s plan shall utilize the Hardship Review Panel’s estimation of monetary value of capital expenditure outlined in Sec. 11.8.3.B.5.e. (if any) as a budget figure to recommend prioritized repairs that shall to the greatest extent possible stabilize the effects of deterioration upon the property.
    4. The Commission shall report its plan to the City. The City shall provide notice that a hearing will be held before the Director at a place fixed not less than 10 nor more than 25 days after the report is received; that the property owners, the Historic Development Commission, and the Hardship Review Panel shall be given a right to give testimony; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Director. The Historic Development Commission and Hardship Review Panel shall also be given notice of the hearing.
    5. Following the hearing, City shall either approve the Plan or refer it to the Historic Development Commission for amendment. Referrals for amendment shall specify items to be amended. The amended report shall be returned to the City by the Historic Development Commission within 15 days. Upon receipt of the approved or amended Plan, the City shall cause to be re-issued the stayed order for such property to be repaired within the time specified, and according to the provisions of the approved plan.

Book traversal links for Sec. 11.8.3. Safeguards from Undue Economic Hardship

  • Sec. 11.8.2. Petition and Action
  • Sec. 11.8.4. Appeals
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  • CHAPTER 1. INTRODUCTORY PROVISIONS
    • Article 1.1. Legal Provisions
      • Sec. 1.1.1. Title
      • Sec. 1.1.2. Applicability
      • Sec. 1.1.3. Effective Date
      • Sec. 1.1.4. Purpose and Intent
      • Sec. 1.1.5. Relationship to the Comprehensive Plan
      • Sec. 1.1.6. Minimum Requirements
      • Sec. 1.1.7. Conflicting Provisions
      • Sec. 1.1.8. Severability
      • Sec. 1.1.9. City Council Action
      • Sec. 1.1.10. Penalties and Remedies
      • Sec. 1.1.11. Existing Buildings and Structures
      • Sec. 1.1.12. Adopted Manuals
      • Sec. 1.1.13. Extraterritorial Representation on Boards and Commissions
    • Article 1.2. Zoning Map
      • Sec. 1.2.1. Establishment of Official Zoning Map
      • Sec. 1.2.2. Interpretation of Map Boundaries
      • Sec. 1.2.3. Rules of Interpretation
    • Article 1.3. Zoning Districts
      • Sec. 1.3.1. General Use Zoning Districts
      • Sec. 1.3.2. Conditional Zoning Districts
      • Sec. 1.3.3. Overlay Districts
      • Sec. 1.3.4. Legacy Districts
    • Article 1.4. Building Types
      • Sec. 1.4.1. Building Type Descriptions
      • Sec. 1.4.2. Building Types Allowed by District
    • Article 1.5. Measurement, Exceptions & General Rules of Applicability
      • Sec. 1.5.1. Site
      • Sec. 1.5.2. Lot
      • Sec. 1.5.3. Outdoor Amenity Area
      • Sec. 1.5.4. Building Setbacks
      • Sec. 1.5.5. Parking Setbacks
      • Sec. 1.5.6. Build-to
      • Sec. 1.5.7. Height
      • Sec. 1.5.8. Pedestrian Access
      • Sec. 1.5.9. Transparency
      • Sec. 1.5.10. Blank Wall Area
      • Sec. 1.5.11. Reserved
      • Sec. 1.5.12. National Register Historic District Residential Garage Parking Options
  • CHAPTER 2. RESIDENTIAL DISTRICTS
    • Article 2.1. General Provisions
      • Sec. 2.1.1. District Intent Statements
      • Sec. 2.1.2. Housing Options
      • Sec. 2.1.3. Additional Housing Patterns
    • Article 2.2. Conventional Development Option
      • Sec. 2.2.1. Detached House
      • Sec. 2.2.2. Attached House
      • Sec. 2.2.3. Townhouse
      • Sec. 2.2.4. Apartment
      • Sec. 2.2.5. Civic Building
      • Sec. 2.2.6. Open Lot
      • Sec. 2.2.7. Residential Infill Compatibility
      • Sec. 2.2.8. Tiny Houses
      • Sec. 2.2.9. General Building
    • Article 2.3. Compact Development
      • Sec. 2.3.1. General Requirements
      • Sec. 2.3.2. Detached House
      • Sec. 2.3.3. Attached House
      • Sec. 2.3.4. Townhouse i
      • Sec. 2.3.5. Apartment
      • Sec. 2.3.6. Civic Building
      • Sec. 2.3.7. Open Lot
    • Article 2.4. Conservation Development Option
      • Sec. 2.4.1. General Requirements
      • Sec. 2.4.2. Detached House
      • Sec. 2.4.3. Attached House
      • Sec. 2.4.4. Townhouse i
      • Sec. 2.4.5. Apartment
      • Sec. 2.4.6. Civic Building
      • Sec. 2.4.7. Open Lot
    • Article 2.5. Common Open Space Requirements
      • Sec. 2.5.1. Amount of Open Space
      • Sec. 2.5.2. Open Space Allocation
      • Sec. 2.5.3. Configuration of Open Space
      • Sec. 2.5.4. Allowed Uses of Open Space
      • Sec. 2.5.5. Stormwater Control Measures
      • Sec. 2.5.6. Prohibited Uses of Open Space
      • Sec. 2.5.7. Ownership and Management of Open Space
    • Article 2.6. Additional Housing Patterns
      • Sec. 2.6.1. Cottage Court
      • Sec. 2.6.2. Detached House Additions
      • Sec. 2.6.3. Accessory Dwelling
      • Sec. 2.6.4. Flag Lots
    • Article 2.7. Frequent Transit Development Option
      • Sec. 2.7.1. Frequent Transit Development Option
  • CHAPTER 3. MIXED USE DISTRICTS
    • Article 3.1. General Provisions
      • Sec. 3.1.1. District Intent Statement
        • Sec. 3.1.1. District Intent Statements
      • Sec. 3.1.2. District Components
    • Article 3.2. Base Dimensional Standards
      • Sec. 3.2.1. Detached House
      • Sec. 3.2.2. Attached House
      • Sec. 3.2.3. Townhouse
      • Sec. 3.2.4. Apartment
      • Sec. 3.2.5. General Building
      • Sec. 3.2.6. Mixed Use Building
      • Sec. 3.2.7. Civic Building
      • Sec. 3.2.8. Open Lot
      • Sec. 3.2.9. Tiny House
    • Article 3.3. Height Requirements
      • Sec. 3.3.1. Applicability
      • Sec. 3.3.2. Building Height Standards
      • Sec. 3.3.3. Building Massing Standards
    • Article 3.4. Frontage Requirements
      • Sec. 3.4.1. Purpose and Intent
      • Sec. 3.4.2. General Requirements
      • Sec. 3.4.3. Parkway (-PK)
      • Sec. 3.4.4. Detached (-DE)
      • Sec. 3.4.5. Parking Limited (-PL)
      • Sec. 3.4.6. Green (-GR)
      • Sec. 3.4.7. Urban Limited (-UL)
      • Sec. 3.4.8. Urban General (-UG)
      • Sec. 3.4.9. Shopfront (-SH)
      • Sec. 3.4.10. Green Plus (-GP)
    • Article 3.5. Neighborhood Transitions
      • Sec. 3.5.1. Applicability
      • Sec. 3.5.2. Transition Zones
      • Sec. 3.5.3. Zone A: Protective Yard
      • Sec. 3.5.4. Zone B: Use Restrictions
      • Sec. 3.5.5. Zone C: Height and Form
      • Sec. 3.5.6. Historic Alley Transition
    • Article 3.6. Additional Housing Patterns
      • Sec. 3.6.1. Cottage Court
      • Sec. 3.6.2. Accessory Dwelling
    • Article 3.7. Frequent Transit Development Option
      • Sec. 3.7.1. Frequent Transit Development Option
  • CHAPTER 4. SPECIAL DISTRICTS
    • Article 4.1. General Provisions
      • Sec. 4.1.1. District Intent Statements
    • Article 4.2. Conservation Management (CM)
      • Sec. 4.2.1. General Provisions
      • Sec. 4.2.2. Open Lot
    • Article 4.3. Agriculture Productive (AP)
      • Sec. 4.3.1. Detached House
      • Sec. 4.3.2. General Building
    • Article 4.4. Heavy Industrial (IH)
      • Sec. 4.4.1. General Building
    • Article 4.5. Manufactured Housing (MH)
      • Sec. 4.5.1. Site Size, Residential Density and Land Use
      • Sec. 4.5.2. Site Development Standards
      • Sec. 4.5.3. Manufactured Home Space Standards
    • Article 4.6. Campus (CMP)
      • Sec. 4.6.1. Campus Areas
      • Sec. 4.6.2. Modification of District Standards
      • Sec. 4.6.3. Application Requirements
      • Sec. 4.6.4. Master Plan Amendments
    • Article 4.7. Planned Development (PD)
      • Sec. 4.7.1. Establishment of a PD District
      • Sec. 4.7.2. Modification of Standards
      • Sec. 4.7.3. Allowed Sign Modifications
      • Sec. 4.7.4. Application Requirements
      • Sec. 4.7.5. General Design Principles
      • Sec. 4.7.6. Master Plan Amendments
  • CHAPTER 5. OVERLAY DISTRICTS
    • Article 5.1. General Provisions
      • Sec. 5.1.1. District Intent Statements
    • Article 5.2. Environmental Overlays
      • Sec. 5.2.1. Airport Overlay District (-AOD)
      • Sec. 5.2.2. Metro-Park Overlay District (-MPOD)
      • Sec. 5.2.3. Urban Watershed Protection Overlay District (-UWPOD)
      • Sec. 5.2.4. Falls Watershed Protection Overlay District (-FWPOD)
      • Sec. 5.2.5. Swift Creek Watershed Protection Overlay District (-SWPOD)
    • Article 5.3. Corridor Overlays
      • Sec. 5.3.1. Special Highway Overlay Districts (-SHOD-)
    • Article 5.4. Character Protection Overlays
      • Sec. 5.4.1. General Historic Overlay District (-HOD-G)
      • Sec. 5.4.2. Streetside Historic Overlay District (-HOD-S)
      • Sec. 5.4.3. Neighborhood Conservation District (-NCOD)
    • Article 5.5. Transit Overlays
      • Sec. 5.5.1. Transit Overlay District (-TOD)
    • Article 5.6. Parking Overlays
      • Sec. 5.6.1. Special Residential Parking Overlay District (-SRPOD)
  • CHAPTER 6. USE REGULATIONS
    • Article 6.1. Allowed Uses
      • Sec. 6.1.1. Classification of Uses
      • Sec. 6.1.2. Use Determination
      • Sec. 6.1.3. Key to Use Table
      • Sec. 6.1.4. Allowed Principal Use Table
      • Sec. 6.1.5. Prohibited Uses
    • Article 6.2. Residential Uses
      • Sec. 6.2.1. Household Living
      • Sec. 6.2.2. Group Living
      • Sec. 6.2.3. Social Service
    • Article 6.3. Public & Institutional Uses
      • Sec. 6.3.1. Civic
      • Sec. 6.3.2. Parks, Open Space and Greenways
      • Sec. 6.3.3. Utilities
    • Article 6.4. Commercial Uses
      • Sec. 6.4.1. Day Care
      • Sec. 6.4.2. Indoor Recreation
      • Sec. 6.4.3. Medical
      • Sec. 6.4.4. Office
      • Sec. 6.4.5. Outdoor Recreation
      • Sec. 6.4.6. Overnight Lodging
      • Sec. 6.4.7. Parking
      • Sec. 6.4.8. Passenger Terminal
      • Sec. 6.4.9. Personal Service
      • Sec. 6.4.10. Restaurant/Bar
      • Sec. 6.4.11. Retail Sales
      • Sec. 6.4.12. Shopping Center
      • Sec. 6.4.13. Vehicle Sales/Rental
    • Article 6.5. Industrial Uses
      • Sec. 6.5.1. Heavy Industrial
      • Sec. 6.5.2. Light Industrial
      • Sec. 6.5.3. Light Manufacturing
      • Sec. 6.5.4. Research & Development
      • Sec. 6.5.5. Self-Service Storage
      • Sec. 6.5.6. Vehicle Service
      • Sec. 6.5.7. Warehouse & Distribution
      • Sec. 6.5.8. Waste-Related Service
      • Sec. 6.5.9. Wholesale Trade
    • Article 6.6. Open Uses
      • Sec. 6.6.1. Agriculture
      • Sec. 6.6.2. Resource Extraction
    • Article 6.7. Accessory Uses & Structures
      • Sec. 6.7.1. In General
      • Sec. 6.7.2. Accessory Structures
      • Sec. 6.7.3. Additional Standards for Specific Accessory Uses
    • Article 6.8. Temporary Uses
      • Sec. 6.8.1. Applicability
      • Sec. 6.8.2. Temporary Use Permit Required
  • CHAPTER 7. GENERAL DEVELOPMENT STANDARDS
    • Article 7.1. Parking
      • Sec. 7.1.1. Applicability
      • Sec. 7.1.2. Required Parking
      • Sec. 7.1.3. Specialized Vehicle Parking Requirements
      • Sec. 7.1.4. Vehicle Parking Mitigation
      • Sec. 7.1.5. Additional Vehicle Parking Provisions
      • Sec. 7.1.6. Vehicle Parking Location and Layout
      • Sec. 7.1.7. Vehicle Parking Lot Landscaping
      • Sec. 7.1.8. Vehicle Loading Areas
      • Sec. 7.1.9. Parking Surface Standards
    • Article 7.2. Landscaping and Screening
      • Sec. 7.2.1. Intent
      • Sec. 7.2.2. Applicability
      • Sec. 7.2.3. Design Alternate Findings
      • Sec. 7.2.4. Protective Yards
      • Sec. 7.2.5. Screening
      • Sec. 7.2.6. Stormwater Retention Ponds & Detention Basins
      • Sec. 7.2.7. Design and Installation
      • Sec. 7.2.8. Walls and Fences
      • Sec. 7.2.9. Construction Safety Barrier Fences
    • Article 7.3. Signs
      • Sec. 7.3.1. Applicability
      • Sec. 7.3.2. Signs Allowed by District
      • Sec. 7.3.3. Additional Sign Types
      • Sec. 7.3.4. Wall Signs
      • Sec. 7.3.5. Projecting Signs
      • Sec. 7.3.6. Awning, Gallery, Marquee Signs
      • Sec. 7.3.7. Window Signs
      • Sec. 7.3.8. Low Profile Ground Signs
      • Sec. 7.3.9. Medium Profile Ground Signs
      • Sec. 7.3.10. High Profile Ground Signs
      • Sec. 7.3.11. Tract Signs
      • Sec. 7.3.12. A-Frame Signs
      • Sec. 7.3.13. Special Sign Types
      • Sec. 7.3.14. Off-Premise Signs
      • Sec. 7.3.15. Prohibited Signs
      • Sec. 7.3.16. General Sign Regulations
      • Sec. 7.3.17. Nonconforming Signs
    • Article 7.4. Site Lighting
      • Sec. 7.4.1. Applicability
      • Sec. 7.4.2. Light Level Measuring
      • Sec. 7.4.3. Prohibited Sources
      • Sec. 7.4.4. Design and Installation Requirements
      • Sec. 7.4.5. Parking and Pedestrian Areas
      • Sec. 7.4.6. Flood Lights and Flood Lamps
      • Sec. 7.4.7. Vehicular Canopies
      • Sec. 7.4.8. Outdoor Recreation Fields and Performance Areas
      • Sec. 7.4.9. Signs
      • Sec. 7.4.10. Building and Security Lighting
      • Sec. 7.4.11. Parking Structures
      • Sec. 7.4.12. Design Alternate Findings
    • Article 7.5. Outdoor Display and Storage
      • Sec. 7.5.1. Applicability
      • Sec. 7.5.2. Outdoor Display
      • Sec. 7.5.3. Outdoor Storage
  • CHAPTER 8. SUBDIVISION & SITE PLAN STANDARDS
    • Article 8.1. General Provisions
      • Sec. 8.1.1. Applicability
      • Sec. 8.1.2. Phasing
      • Sec. 8.1.3. Construction Surety
      • Sec. 8.1.4. Warranty
      • Sec. 8.1.5. Acceptance
      • Sec. 8.1.6. Reservation of Public Land
      • Sec. 8.1.7. Easements
      • Sec. 8.1.8. Names and Numbering
      • Sec. 8.1.9. Subdivision Monuments
      • Sec. 8.1.10. Fee in Lieu
    • Article 8.2. Infrastructure Sufficiency
      • Sec. 8.2.1. In General
      • Sec. 8.2.2. Streets
      • Sec. 8.2.3. Water Supply
      • Sec. 8.2.4. Wastewater Disposal
      • Sec. 8.2.5. Fire Suppression
      • Sec. 8.2.6. Stormwater
      • Sec. 8.2.7. Transit Infrastructure
    • Article 8.3. Blocks, Lots, Access
      • Sec. 8.3.1. Intent
      • Sec. 8.3.2. Blocks
      • Sec. 8.3.3. Lots
      • Sec. 8.3.4. Subdivision Access
      • Sec. 8.3.5. Site Access
      • Sec. 8.3.6. Design Alternates Relating to Blocks, Lots and Access
    • Article 8.4. New and Existing Streets
      • Sec. 8.4.1. General Provisions
    • Article 8.5. Street Cross Sections
      • Sec. 8.5.1. General Provisions
      • Sec. 8.5.2. Street Types
      • Sec. 8.5.3. Sensitive Area Streets
      • Sec. 8.5.4. Local Streets
      • Sec. 8.5.5. Mixed Use Streets
      • Sec. 8.5.6. Major Streets
      • Sec. 8.5.7. Industrial and Service Streets
      • Sec. 8.5.8. Private Accessways
      • Sec. 8.5.9. Streetscape Types
    • Article 8.6. Reimbursements
      • Sec. 8.6.1. Greenways
      • Sec. 8.6.2. Minor Utility Lines
      • Sec. 8.6.3. Streets
      • Sec. 8.6.4. Expiration of Reimbursement
      • Sec. 8.6.5. Stormwater Infrastructure
    • Article 8.7. Utilities
      • Sec. 8.7.1. Water Supply
      • Sec. 8.7.2. Sewage Disposal
      • Sec. 8.7.3. Public Water and Sewer Stubs
      • Sec. 8.7.4. Underground Utilities
    • Article 8.8. Surface Water Drainage
      • Sec. 8.8.1. Connection to Sanitary Sewer Prohibited
      • Sec. 8.8.2. Piping of Watercourses
      • Sec. 8.8.3. Stormwater Control Plans
    • Article 8.9. Facility Fees
      • Sec. 8.9.1. Facility Fees Imposed on New Construction
      • Sec. 8.9.2. Facility Fee Exceptions
      • Sec. 8.9.3. Computation of Fees
      • Sec. 8.9.4. Funds Collected
      • Sec. 8.9.5. Penalties
    • Article 8.10. Enforcement
      • Sec. 8.10.1. Violations and Violators
      • Sec. 8.10.2. Remedies and Penalties
    • Article 8.11. Transit Infrastructure
      • Sec. 8.11.1. General Provisions
      • Sec. 8.11.2. Requirement Thresholds
      • Sec. 8.11.3. Determining the Required Transit Infrastructure
      • Sec. 8.11.4. Determining the Location of the Required Transit Stop
      • Sec. 8.11.5. Fees In Lieu of Construction
  • CHAPTER 9. NATURAL RESOURCE PROTECTION
    • Article 9.1. Tree Conservation
      • Sec. 9.1.1. Intent
      • Sec. 9.1.2. Applicability
      • Sec. 9.1.3. Tree Conservation Required
      • Sec. 9.1.4. Tree Conservation Area Allocation
      • Sec. 9.1.5. Documentation of Tree Conservation Areas
      • Sec. 9.1.6. Permitted Tree Disturbing Activities
      • Sec. 9.1.7. Penalties
      • Sec. 9.1.8. Restoration
      • Sec. 9.1.9. Watershed Protection Overlay Districts
      • Sec. 9.1.10. Lots Without Recorded Tree Conservation Areas
    • Article 9.2. Stormwater Management
      • Sec. 9.2.1. General Provisions
      • Sec. 9.2.2. Active Stormwater Control Measures
      • Sec. 9.2.3. Watercourse Buffers
      • Sec. 9.2.4. Inspections
      • Sec. 9.2.5. Enforcement
      • Sec. 9.2.6. Variances and Appeals
    • Article 9.3. Special Flood Hazard Area Regulations
      • Sec. 9.3.1. General Purpose and Intent
      • Sec. 9.3.2. Applicability
      • Sec. 9.3.3. Special Flood Hazard Areas
      • Sec. 9.3.4. Rules for Interpretation of SFHA Boundaries
      • Sec. 9.3.5. Flood Hazard Reduction Standards
      • Sec. 9.3.6. FEMA Designated SFHA Standards
      • Sec. 9.3.7. SFHA Based on Drainage Basin Study, Flood Study, and Flood Hazard Soils Standards
      • Sec. 9.3.8. Streets Crossing Watercourses
      • Sec. 9.3.9. Streets in Special Flood Hazard Areas
      • Sec. 9.3.10. Warning & Disclaimer of Liability
      • Sec. 9.3.11. Sec. Permit and Inspection Procedures
      • Sec. 9.3.12. Penalties
      • Sec. 9.3.13. Stop Work Orders
      • Sec. 9.3.14. Variances and Appeals
    • Article 9.4. Erosion & Sedimentation Control
      • Sec. 9.4.1. Applicability
      • Sec. 9.4.2. Stormwater Design Manual Incorporated
      • Sec. 9.4.3. Objectives
      • Sec. 9.4.4. Standards for Land-Disturbing Activity
      • Sec. 9.4.5. Maintenance
      • Sec. 9.4.6. Land Disturbing Grading Permit & Control Plans Required
      • Sec. 9.4.7. Additional Measures
      • Sec. 9.4.8. Appeals
      • Sec. 9.4.9. Compliance with Plan Requirements
      • Sec. 9.4.10. Inspections
      • Sec. 9.4.11. Enforcement
      • Sec. 9.4.12. Revisions
    • Article 9.5. Watershed Protection Areas
      • Sec. 9.5.1. Urban Watershed Protection Overlay District (-UWPOD)
      • Sec. 9.5.2. Falls Watershed Protection Overlay District (-FWPOD)
      • Sec. 9.5.3. Swift Creek Watershed Protection Overlay District (-SWPOD)
      • Sec. 9.5.4. Inspections
      • Sec. 9.5.5. Enforcement
  • CHAPTER 10. ADMINISTRATION
    • Article 10.1. Review Bodies
      • Sec. 10.1.1. City Council
      • Sec. 10.1.2. Planning Commission
      • Sec. 10.1.3. Board of Adjustment
      • Sec. 10.1.4. Historic Development Commission
      • Sec. 10.1.5. Design Review Commission
      • Sec. 10.1.6. Open Meeting Requirements
      • Sec. 10.1.7. Planning Director and Development Services Director
      • Sec. 10.1.8. Summary of Review Authority
      • Sec. 10.1.9. Conflicts of Interest
    • Article 10.2. Review Procedures
      • Sec. 10.2.1. Common Review Procedures
      • Sec. 10.2.2. Comprehensive Plan Amendment
      • Sec. 10.2.3. UDO Text Changes
      • Sec. 10.2.4. Rezoning
      • Sec. 10.2.5. Subdivision Review
      • Sec. 10.2.6. Non-Subdivision Final Plat and Recorded Instruments
      • Sec. 10.2.7. Miscellaneous Zoning Permits
      • Sec. 10.2.8. Site Plan Review
      • Sec. 10.2.9. Special Use Permit
      • Sec. 10.2.10. Variance
      • Sec. 10.2.11. Appeal of an Administrative Decision
      • Sec. 10.2.12. Common Signage Plan
      • Sec. 10.2.13. Temporary Use Permit
      • Sec. 10.2.14. Written Interpretation
      • Sec. 10.2.15. Certificate of Appropriateness
      • Sec. 10.2.16. Historic Landmark Designation
      • Sec. 10.2.17. Design Alternate
      • Sec. 10.2.18. Vested Rights
      • Sec. 10.2.19. Streetscape Plan
      • Sec. 10.2.20. Development Agreements
      • Sec. 10.2.21. Custom Signage Plan
    • Article 10.3. Nonconformities
      • Sec. 10.3.1. In General
      • Sec. 10.3.2. Nonconforming Uses
      • Sec. 10.3.3. Nonconforming Principal Structures
      • Sec. 10.3.4. Nonconforming Site Elements
      • Sec. 10.3.5. Nonconforming Lots of Record
      • Sec. 10.3.6. Special Use Permits for Nonconformities
    • Article 10.4. Enforcement
      • Sec. 10.4.1. Violations and Violators
      • Sec. 10.4.2. Civil Penalty
      • Sec. 10.4.3. Administrative Fee
  • CHAPTER 11. BUILDING AND HOUSING CODE
    • Article 11.1. Adoption of Codes by Reference
      • Sec. 11.1.1. Scope of Chapter and Codes
      • Sec. 11.1.2. Jurisdiction of Chapter and Codes
      • Sec. 11.1.3. Technical Codes
      • Sec. 11.1.4. Compliance With Codes
      • Sec. 11.1.5. Copies of Codes Filed With City Clerk
    • Article 11.2. Development Services Department
      • Sec. 11.2.1. Functions and Duties
      • Sec. 11.2.2. Inspection Procedure
      • Sec. 11.2.3. Oversight Not to Legalize Violation
      • Sec. 11.2.4. Administrative Liability
      • Sec. 11.2.5. City Liability
    • Article 11.3. Examining Boards & Licensing
      • Sec. 11.3.1. Registration of Contractors
      • Sec. 11.3.2. Electrical
    • Article 11.4. Enforcement Provisions
      • Sec. 11.4.1. Permit Requirements
      • Sec. 11.4.2. Application for Permit
      • Sec. 11.4.3. Plans and Specifications
      • Sec. 11.4.4. Limitations on Issuance of Permits
      • Sec. 11.4.5. Reserved for Future Use
      • Sec. 11.4.6. Limitation on Issuance of Permits for Construction in Floodprone Areas
      • Sec. 11.4.7. Issuance of Permit
      • Sec. 11.4.8. Permit Fees
      • Sec. 11.4.9. Violations
      • Sec. 11.4.10. Civil Penalty
    • Article 11.5. Unsafe Buildings
      • Sec. 11.5.1. Short Title
      • Sec. 11.5.2. Buildings and Structures Declared Unsafe; Notice Affixed
      • Sec. 11.5.3. Designation of Community Development Target Area
      • Sec. 11.5.4. Emergency Cases
      • Sec. 11.5.5. Notice and Hearing; Order to Take Corrective Action
      • Sec. 11.5.6. Appeal; Finality of Order if Not Appealed
      • Sec. 11.5.7. Administrative Liability
      • Sec. 11.5.8. Unlawful to Disregard Notices or Orders
      • Sec. 11.5.9. Enforcement
      • Sec. 11.5.10. Alternate Remedies
      • Sec. 11.5.11. Lis Pendens
      • Sec. 11.5.12. Administrative Fee and Costs
    • Article 11.6. Housing Code
      • Sec. 11.6.1. Preamble; Definitions
      • Sec. 11.6.2. Conflict With Other Provisions
      • Sec. 11.6.3. Minimum Standards for Basic Equipment and Facilities
      • Sec. 11.6.4. Responsibilities of Persons
      • Sec. 11.6.5. Powers of Department
      • Sec. 11.6.6. Inspections
      • Sec. 11.6.7. Abatement; Hearing on Charges; Filing; Petition and Charges; Investigation; Time and Conduct of Hearing
      • Sec. 11.6.8. Service of Order, Contents
      • Sec. 11.6.9. Methods of Service
      • Sec. 11.6.10. Lis Pendens
      • Sec. 11.6.11. Board of Adjustment to Hear Appeals
      • Sec. 11.6.12. Placarding Premises
      • Sec. 11.6.13. Approval by Governing Body of Removal or Demolition of Dwelling
      • Sec. 11.6.14. Lien On Premises for Costs; Sale of Materials, etc.
      • Sec. 11.6.15. Alternate Remedies
      • Sec. 11.6.16. Penalty
      • Sec. 11.6.17. Administrative Fee
    • Article 11.7. Manufactured Homes
      • Sec. 11.7.1. Inspection of Manufactured Homes Certificate Required
      • Sec. 11.7.2. Permit Requirements in Special Flood Hazard Areas
    • Article 11.8. Demolition by Neglect of Historic Landmarks and Structures Within Historic Overlay Districts
      • Sec. 11.8.1. Applicability
      • Sec. 11.8.2. Petition and Action
      • Sec. 11.8.3. Safeguards from Undue Economic Hardship
      • Sec. 11.8.4. Appeals
      • Sec. 11.8.5. Standards
    • Article 11.9. Nonresidential Building or Structure Code
      • Sec. 11.9.1. Title
      • Sec. 11.9.2. Purpose
      • Sec. 11.9.3. Definitions
      • Sec. 11.9.4. Applicability and Compliance
      • Sec. 11.9.5. Maintenance Standards for Nonresidential Buildings and Structures
      • Sec. 11.9.6. Duties and Powers of Code Enforcement Coordinator or Officer
      • Sec. 11.9.7. Inspections
      • Sec. 11.9.8. Procedure for Enforcement
      • Sec. 11.9.9. Limitations on Orders and Ordinances—Historic Landmark or Historic District
      • Sec. 11.9.10. Limitations on Orders and Ordinances—Vacant Manufacturing Facility or Vacant Industrial Warehouse
      • Sec. 11.9.11. Vacated and Closed Nonresidential Buildings or Structures
      • Sec. 11.9.12. Methods of Service of Complaints and Orders
      • Sec. 11.9.13. In Rem Action by The Code Enforcement Coordinator or Officer
      • Sec. 11.9.14. Costs, a Lien on Premises
      • Sec. 11.9.15. Ejectment
      • Sec. 11.9.16. Filing of Ordinances
      • Sec. 11.9.17. Alternative Remedies
      • Sec. 11.9.18. Board of Adjustment to Hear Appeals
      • Sec. 11.9.19. Temporary Injunction Remedy for Aggrieved Person
      • Sec. 11.9.20. Conflict With Other Provisions
      • Sec. 11.9.21. Violations; Penalty
  • CHAPTER 12. DEFINITIONS
    • Article 12.1. General
      • Sec. 12.1.1. General Meaning of Words and Terms
      • Sec. 12.1.2. Graphics, Illustrations, Photographs & Flowcharts
      • Sec. 12.1.3. Abbreviations
    • Article 12.2. Defined Terms
      • a
      • b
      • c
      • d
      • e
      • f
      • g
      • h
      • i
      • l
      • m
      • n
      • o
      • p
      • q
      • r
      • s
      • t
      • u
      • v
      • w
      • z
      • Housing Code Definitions
  • HISTORY TABLE
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