code of ordinances town of aurora, north carolina … · 2018-08-09 · aurora, north carolina...

SUPPLEMENT NO. 3

May 2018

CODE OF ORDINANCES

Town of

AURORA, NORTH CAROLINA

Looseleaf Supplement

This Supplement contains all ordinances deemed advisable to be included at this time

through:

Ordinance of March 5, 2018.

See the Code Comparative Table for further information.

Remove Old Pages Insert New Pages

Title page Title page

v

xiii—xvi xiii—xvi

Checklist of up-to-date pages Checklist of up-to-date pages

(following Table of Contents)

SH:1 (following Checklist of up-to-date

pages)

CD2:1, CD2:2 CD2:1, CD2:2

CD2:11—CD2:13 CD2:11—CD2:13

CD12:1—CD12:13 CD12:1—CD12:5

CCT:7 CCT:7

SLT:1, SLT:2 SLT:1, SLT:2

CDi:7—CDi:20 CDi:7—CDi:19

CDi:25, CDi:26 CDi:25—CDi:26.1

CDi:29, CDi:30 CDi:29, CDi:30

CDi:37—CDi:40 CDi:37—CDi:40

Insert and maintain this instruction sheet in front of this publication. File removed

pages for reference.

SUPPLEMENT NO. 2December 2005

CODE OF ORDINANCES

Town of



This Supplement contains all ordinances deemed advisable to be included atthis time through:

Ordinance of June 6, 2005.


Remove old pages Insert new pagesxv, xvi xv, xviChecklist of up-to-date pages Checklist of up-to-date pages

(following Table of Contents)CD2:3—CD2:6 CD2:3—CD2:6CD4:1 CD4:1CD4:3 CD4:3CD8:1 CD8:1CD8:3, CD8:4 CD8:3, CD8:4CD24:1—CD24:4.2 CD24:1—CD24:4CD24:7—CD24:9 CD24:7—CD24:9CD32:1, CD32:2 CD32:1, CD32:2CD32:9—CD32:20 CD32:9—CD32:18CD36:1 CD36:1CD36:9 CD36:9CD38:3 CD38:3CD38:5—CD38:12 CD38:5—CD38:12.1CD38:21—CD38:24 CD38:21—CD38:24.1CD38:41—CD38:42.1 CD38:41—CD38:42.3CCT:7 CCT:7SLT:1, SLT:2 SLT:1, SLT:2CDi:1, CDi:2 CDi:1, CDi:2CDi:9—CDi:34 CDi:9—CDi:33CDi:37, CDi:38 CDi:37, CDi:38CDi:43 CDi:43CDi:47, CDi:48 CDi:47, CDi:48

INSTRUCTION SHEET—Cont’d.

Insert and maintain this instruction sheet in front of this publication. Fileremoved pages for reference.

MUNICIPAL CODE CORPORATIONPost Office Box 22351700 Capital Circle, S.W.Tallahassee, FL 32316(850) 576-31711-800-262-CODEWebsite: www.municode.com

SUPPLEMENT NO. 1February 2004

CODE OF ORDINANCES

Town of



This Supplement contains all ordinances deemed advisable to be included atthis time through:

Ordinance of November 3, 2003(6).


Remove old pages Insert new pagesxi, xii

xiii—xvi xiii—xviChecklist of up-to-date pages(following Table of Contents)

CD4:1 CD4:1CD4:3 CD4:3CD24:1, CD24:2 CD24:1, CD24:2CD24:3, CD24:4 CD24:3—CD24:4.2CD24:9 CD24:9CD26:3, CD26:4 CD26:3, CD26:4CD32:1, CD32:2 CD32:1, CD32:2CD32:5, CD32:6 CD23:5—CD23:6.1CD32:9—CD32:12 CD32:9—CD32:12.1CD32:15—CD32:18 CD32:15—32:18.1CD38:3 CD38:3CD38:9—CD38:12 CD38:9—CD38:12CD38:21—CD38:24 CD38:21—CD38:24CD38:41, CD38:42 CD38:41—CD38:42.1CCT:7 CCT:7SLT:1, SLT:2 SLT:1, SLT:2CDi:1, CDi:2 CDi:1, CDi:2CDi:11—CDi:28 CDi:11—CDi:28CDi:33, CDi:34 CDi:33, CDi:34CDi:37, CDi:38 CDi:37, CDi:38CDi:47, CDi:48 CDi:47, CDi:48

INSTRUCTION SHEET—Cont’d.

Insert and maintain this instruction sheet in front of this publication. Fileremoved pages for reference.

MUNICIPAL CODE CORPORATIONPost Office Box 22351700 Capital Circle, S.W.Tallahassee, FL 32316(850) 576-31711-800-262-CODEWebsite: www.municode.com

CODE OF ORDINANCES

TOWN OF


Published by Order of the Board of Commissioners

Adopted July 7, 2003

Supp. No. 3

JOBNAME: No Job Name PAGE: 5 SESS: 2 OUTPUT: Fri Jun 20 15:24:59 2003/first/pubdocs/mcc/3/13456_full

OFFICIALS

of the

TOWN OF


AT THE TIME OF THIS CODIFICATION

Joe HookerMayor

Lewis LeamingBrad LeeJeff Peed

Marvin SartinBoard of Commissioners

Sid Hassell, Jr.Town Attorney

Sandra S. SartinTown Clerk

iii

CURRENT OFFICIALS

of the

TOWN OF


Clif Williams

Mayor

Brad Lee

Mayor Pro-Tem

W.C. Boyd

John Farrow

Jeff Peed

Board of Commissioners

Brantley Peck

Town Attorney

Sandra S. Sartin

Interim Town Clerk/Finance Officer

vSupp. No. 3


PREFACE

This Code constitutes a recodification of the general and permanentordinances of the Town of Aurora, North Carolina.

Source materials used in the preparation of the Code were the 1979 Code, assupplemented, and ordinances subsequently adopted by the board of commis-sioners. The source of each section is included in the history note appearing inparentheses at the end thereof. The absence of such a note indicates that thesection is new and was adopted for the first time with the adoption of the Code.By use of the comparative tables appearing in the back of this Code, the readercan locate any section of the 1979 Code, as supplemented, and any subsequentordinance included herein.

The chapters of the Code have been conveniently arranged in alphabeticalorder, and the various sections within each chapter have been catchlined tofacilitate usage. Notes which tie related sections of the Code together andwhich refer to relevant state law have been included. A table listing the statelaw citations and setting forth their location within the Code is included at theback of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the samesystem used in many state and local government codes. Each section numberconsists of two parts separated by a dash. The figure before the dash refers tothe chapter number, and the figure after the dash refers to the position of thesection within the chapter. Thus, the second section of chapter 1 is numbered1-2, and the first section of chapter 6 is 6-1. Under this system, each section isidentified with its chapter, and at the same time new sections can be insertedin their proper place by using the decimal system for amendments. Forexample, if new material consisting of one section that would logically comebetween sections 6-1 and 6-2 is desired to be added, such new section would benumbered 6-1.5. New articles and new divisions may be included in the sameway or, in the case of articles, may be placed at the end of the chapterembracing the subject, and, in the case of divisions, may be placed at the endof the article embracing the subject. The next successive number shall beassigned to the new article or division. New chapters may be included by usingone of the reserved chapter numbers. Care should be taken that the alphabet-ical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The lettersto the left of the colon are an abbreviation which represents a certain portionof the volume. The number to the right of the colon represents the number of

vii


the page in that portion. In the case of a chapter of the Code, the number to theleft of the colon indicates the number of the chapter. In the case of an appendixto the Code, the letter immediately to the left of the colon indicates the letterof the appendix. The following are typical parts of codes of ordinances, whichmay or may not appear in this Code at this time, and their correspondingprefixes:

CHARTER CHT:1

CHARTER COMPARATIVE TABLE CHTCT:1

CODE CD1:1

CODE COMPARATIVE TABLES CCT:1

STATE LAW REFERENCE TABLE SLT:1

CHARTER INDEX CHTi:1

CODE INDEX CDi:1

Indexes

The indexes have been prepared with the greatest of care. Each particularitem has been placed under several headings, some of which are couched in layphraseology, others in legal terminology, and still others in language generallyused by local government officials and employees. There are numerous crossreferences within the indexes themselves which stand as guideposts to directthe user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding andsupplemental servicing of the publication. With this system, the publicationwill be kept up-to-date. Subsequent amendatory legislation will be properlyedited, and the affected page or pages will be reprinted. These new pages willbe distributed to holders of copies of the publication, with instructions for themanner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon theholder of the publication. As revised pages are received, it will then become theresponsibility of the holder to have the amendments inserted according to theattached instructions. It is strongly recommended by the publisher that allsuch amendments be inserted immediately upon receipt to avoid misplacingthem and, in addition, that all deleted pages be saved and filed for historicalreference purposes.

Acknowledgments

This publication was under the direct supervision of Jan Shekitka, SeniorCode Attorney, and Brenda Harrison, Editor, of the Municipal Code Corpora-

viii


tion, Tallahassee, Florida. Credit is gratefully given to the other members ofthe publisher's staff for their sincere interest and able assistance throughoutthe project.

The publisher is most grateful to Sandra S. Sartin, Town Clerk, and SidHassell, Jr., Town Attorney, for their cooperation and assistance during theprogress of the work on this publication. It is hoped that their efforts and thoseof the publisher have resulted in a Code of Ordinances which will make theactive law of the town readily accessible to all citizens and which will be avaluable tool in the day-to-day administration of the town's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal CodeCorporation and the Town of Aurora, North Carolina. Editorial enhancementsinclude, but are not limited to: organization; table of contents; section catchlines;prechapter section analyses; editor's notes; cross references; state law refer-ences; numbering system; code comparative table; state law reference table;and index. Such material may not be used or reproduced for commercialpurposes without the express written consent of Municipal Code Corporationand the Town of Aurora, North Carolina.

© Copyrighted material.

Municipal Code Corporation and the Town of Aurora, North Carolina. 2003.

ix

JOBNAME: No Job Name PAGE: 5 SESS: 2 OUTPUT: Thu Feb 5 11:01:34 2004/first/pubdocs/mcc/3/13456_takes_tag_mcc_3_cholley

ORDINANCE NO.

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THETOWN OF AURORA, NORTH CAROLINA; PROVIDING FOR THE RE-PEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PRO-VIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDINGFOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDINGWHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFEC-TIVE.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THETOWN OF AURORA AS FOLLOWS:

Section 1. The Code entitled "Code of Ordinances, Town of Aurora, NorthCarolina," published by Municipal Code Corporation, consisting of chapters 1through 38, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on orbefore February 3, 2003, and not included in the Code or recognized andcontinued in force by reference therein, are repealed.

Section 3. The repeal provided for in section 2 hereof shall not be construedto revive any ordinance or part thereof that has been repealed by a subsequentordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every personconvicted of a violation of any provision of the Code or any ordinance, rule orregulation adopted or issued in pursuance thereof shall be punished by a fineof not more than $500.00 or imprisonment for not more than 30 days or by bothsuch fine and imprisonment. Each act of violation and each day upon whichany such violation shall continue or occur shall constitute a separate offense.The penalty provided by this section, unless another penalty is expresslyprovided, shall apply to the amendment of any Code section, whether or notsuch penalty is reenacted in the amendatory ordinance. In addition to thepenalty prescribed above, the town may pursue other remedies such asabatement of nuisances, injunctive relief and revocation of licenses or permits.

Section 5. Additions or amendments to the Code when passed in such formas to indicate the intention of the board of commissioners to make the same apart of the Code shall be deemed to be incorporated in the Code, so thatreference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after February 3, 2003, that amend or referto ordinances that have been codified in the Code shall be construed as if theyamend or refer to like provisions of the Code.

xiSupp. No. 1


Section 7. This ordinance shall become effective July 7, 2003.

Passed and adopted by the Town Board this 7th day of July, 2003.

By: Joe HookerMayor

ATTEST:

/s/ Sandra S. SartinTown Clerk

APPROVED AS TO FORM:

/s/Town Attorney

TOWN OF AURORA CODE

xiiSupp. No. 1

TABLE OF CONTENTS

Page

Officials of the Town at the Time of this Codification . . . . . . . . . . iii

Current Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii

Adopting Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi

Checklist of Up-to-Date Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [1]

Supplement History Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SH:1

PART I

CHARTER

Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHT:1

Charter Comparative Table—Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . CHTCT:1

Charter Comparative Table—Ordinances . . . . . . . . . . . . . . . . . . . . . CHTCT:3

PART II

CODE OF ORDINANCES

1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD1:1

2. Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:3Art. II. Board of Commissioners. . . . . . . . . . . . . . . . . . . . . CD2:4

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:4Div. 2. Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:4Div. 3. Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:6

Art. III. Officers and Employees . . . . . . . . . . . . . . . . . . . . CD2:7Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:7Div. 2. Mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:9Div. 3. Town Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:9Div. 4. Town Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:10Div. 5. Tax Collector . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:10

Art. IV. Departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:11Art. V. Finance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:11

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:11Div. 2. Disposal of Surplus Personal Property . . . . CD2:12

3. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD3:1

4. Alcoholic Beverages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD4:1

5. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD5:1

xiiiSupp. No. 3

Chapter Page

6. Amusements and Entertainments . . . . . . . . . . . . . . . . . . . . . . . . CD6:1

7. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD7:1

8. Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD8:1

9. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD9:1

10. Buildings and Building Regulations . . . . . . . . . . . . . . . . . . . . . CD10:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:3Art. II. Technical Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:3Art. III. Inspection Department . . . . . . . . . . . . . . . . . . . . . CD10:5Art. IV. Unsafe and Abandoned Structures . . . . . . . . . . CD10:7Art. V. Minimum Housing Standards . . . . . . . . . . . . . . . . CD10:9

11. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD11:1

12. Businesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD12:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD12:3Art. II. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD12:3Art. III. Peddlers and Solicitors . . . . . . . . . . . . . . . . . . . . . CD12:4

13. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD13:1

14. Civil Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD14:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD14:3Art. II. State of Emergency . . . . . . . . . . . . . . . . . . . . . . . . . CD14:3

15. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD15:1

16. Environment and Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD16:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD16:3Art. II. Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD16:3Art. III. Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD16:4Art. IV. Abandoned and Junked Motor Vehicles . . . . . . CD16:6

17. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD17:1

18. Fire Prevention and Protection. . . . . . . . . . . . . . . . . . . . . . . . . . CD18:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD18:3Art. II. Fire Prevention Code . . . . . . . . . . . . . . . . . . . . . . . CD18:3

19. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD19:1

20. Floods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD20:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD20:3Art. II. Flood Damage Prevention . . . . . . . . . . . . . . . . . . . CD20:3

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD20:3Div. 2. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . CD20:9Div. 3. Flood Hazard Reduction . . . . . . . . . . . . . . . . . CD20:14

21. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD21:1

22. Law Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD22:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD22:3Art. II. Police Department . . . . . . . . . . . . . . . . . . . . . . . . . . CD22:3Art. III. Auxiliary Police . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD22:5

TOWN OF AURORA CODE

xivSupp. No. 3

Chapter Page

23. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD23:1

24. Offenses and Miscellaneous Provisions . . . . . . . . . . . . . . . . . . CD24:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD24:3Art. II. Swimming. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD24:3Art. III. Smoking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD24:4Art. IV. Printed Matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD24:5Art. V. Weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD24:6Art. VI. Curfew for Minors. . . . . . . . . . . . . . . . . . . . . . . . . . CD24:7Art. VII. Indecent/Obscene Exposure . . . . . . . . . . . . . . . . CD24:9

25. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD25:1

26. Solid Waste Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD26:1

27. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD27:1

28. Streets, Sidewalks, and Other Public Places . . . . . . . . . . . . . CD28:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD28:3Art. II. Excavations and Construction . . . . . . . . . . . . . . . CD28:5

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD28:5Div. 2. Excavations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD28:5Div. 3. Sidewalks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD28:7Div. 4. Driveways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD28:7

Art. III. Parades . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD28:8

29. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD29:1

30. Subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD30:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD30:3Art. II. Review and Approval of Plats . . . . . . . . . . . . . . . CD30:9

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD30:9Div. 2. Preliminary Plats . . . . . . . . . . . . . . . . . . . . . . . CD30:11Div. 3. Final Plats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD30:14

Art. III. Improvements and Minimum Standards ofDesign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD30:22

31. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD31:1

32. Traffic and Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD32:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD32:3Art. II. Traffic Control Devices. . . . . . . . . . . . . . . . . . . . . . CD32:6Art. III. Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD32:9Art. IV. Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD32:12

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD32:12Div. 2. Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD32:16

Art. V. Bicycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD32:17

33. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD33:1

34. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD34:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD34:3Art. II. Sewer Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD34:6Art. III. Water Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD34:16

TABLE OF CONTENTS—Cont'd.

xvSupp. No. 3

Chapter Page

35. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD35:1

36. Vehicles for Hire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD36:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD36:3Art. II. Taxicabs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD36:3

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD36:3Div. 2. Certificate of Convenience and Necessity . CD36:5Div. 3. Driver's Permit. . . . . . . . . . . . . . . . . . . . . . . . . . CD36:7

37. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD37:1

38. Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD38:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD38:5Art. II. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD38:12

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD38:12Div. 2. Board of Adjustment . . . . . . . . . . . . . . . . . . . . CD38:14Div. 3. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD38:17

Art. III. Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . CD38:19Art. IV. Use Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD38:22Art. V. Area, Height, and Placement Regulations. . . . . CD38:24Art. VI. Special Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD38:28

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD38:29Div. 2. Specific Requirements . . . . . . . . . . . . . . . . . . . CD38:31

Art. VII. Nonconforming Uses . . . . . . . . . . . . . . . . . . . . . . CD38:42.3Art. VIII. Manufactured Homes and Manufactured

Home Parks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD38:43

Code Comparative Table—1979 Code. . . . . . . . . . . . . . . . . . . . . . . . . CCT:1

Code Comparative Table—Ordinances . . . . . . . . . . . . . . . . . . . . . . . . CCT:3

State Law Reference Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SLT:1

Charter Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHTi:1

Code Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CDi:1

TOWN OF AURORA CODE

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[1]

Supp. No. 3

Checklist of Up-to-Date Pages

(This checklist will be updated with the

printing of each Supplement)

From our experience in publishing Looseleaf Supplements on a page-for-page

substitution basis, it has become evident that through usage and supplementation many

pages can be inserted and removed in error.

The following listing is included in this Code as a ready guide for the user to determine

whether the Code volume properly reflects the latest printing of each page.

In the first column all page numbers are listed in sequence. The second column reflects

the latest printing of the pages as they should appear in an up-to-date volume. The letters

"OC" indicate the pages have not been reprinted in the Supplement Service and appear as

published for the original Code. When a page has been reprinted or printed in the

Supplement Service, this column reflects the identification number or Supplement Number

printed on the bottom of the page.

In addition to assisting existing holders of the Code, this list may be used in compiling

an up-to-date copy from the original Code and subsequent Supplements.

Page No. Supp. No.

Title page 3

iii OC

v 3

vii, viii OC

xi, xii 1

ix OC

xiii, xiv 3

xv, xvi 3

SH:1 3

CHT:1 OC

CHT:3, CHT:4 OC

CHTCT:1 OC

CHTCT:3 OC

CD1:1 OC

CD1:3, CD1:4 OC

CD1:5, CD1:6 OC

CD1:7, CD1:8 OC

CD1:9 OC

CD2:1, CD2:2 3

CD2:3, CD2:4 2

CD2:5, CD2:6 2

Page No. Supp. No.

CD2:7, CD2:8 OC

CD2:9, CD2:10 OC

CD2:11, CD2:12 3

CD2:13 3

CD3:1 OC

CD4:1 2

CD4:3 2

CD5:1 OC

CD6:1 OC

CD3:3 OC

CD3:4 OC

CD7:1 OC

CD8:1 2

CD8:3, CD8:4 2

CD8:5, CD8:6 OC

CD8:7 OC

CD10:1, CD10:2 OC

CD10:3, CD10:4 OC

CD10:5, CD10:6 OC

CD10:7, CD10:8 OC

CD10:9, CD10:10 OC

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CD10:13, CD10:14 OC

CD10:15, CD10:16 OC

CD10:17, CD10:18 OC

CD10:19, CD10:20 OC

CD10:21, CD10:22 OC

CD10:23 OC

CD11:1 OC

CD12:1 3

CD12:3, CD12:4 3

CD12:5 3

CD13:1 OC

CD14:1 OC

CD14:3, CD14:4 OC

CD15:1 OC

CD16:1 OC

CD16:3, CD16:4 OC

CD16:5, CD16:6 OC

CD16:7, CD16:8 OC

CD16:9, CD16:10 OC

CD16:11, CD16:12 OC

CD16:13 OC

CD17:1 OC

CD18:1 OC

CD18:3 OC

CD19:1 OC

CD20:1 OC

CD20:3, CD20:4 OC

CD20:5, CD20:6 OC

CD20:7, CD20:8 OC

CD20:9, CD20:10 OC

CD20:11, CD20:12 OC

CD20:13, CD20:14 OC

CD20:15, CD20:16 OC

CD20:17, CD20:18 OC

CD21:1 OC

CD22:1 OC

CD22l3, CD22l4 OC

Page No. Supp. No.

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CD23:1 OC

CD24:1, CD24:2 2

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CD24:7, CD24:8 2

CD24:9 2

CD25:1 OC

CD26:1 OC

CD26:3, CD26:4 1

CD27:1 OC

CD28:1, CD28:2 OC

CD28:3, CD28:4 OC

CD28:5, CD28:6 OC

CD28:7, CD28:8 OC

CD28:9, CD28:10 OC

CD28:11 OC

CD29:1 OC

CD30:1, CD30:2 OC

CD30:3, CD30:4 OC

CD30:5, CD30:6 OC

CD30:7, CD30:8 OC

CD30:9, CD30:10 OC

CD30:11, CD30:12 OC

CD30:13, CD30:14 OC

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CD30:17, CD30:18 OC

CD30:19, CD30:20 OC

CD30:21, CD30:22 OC

CD30:23, CD30:24 OC

CD30:25, CD30:26 OC

CD31:1 OC

CD32:1, CD32:2 2

CD32:3, CD32:4 OC

CD23:5, CD23:6 1

CD23:6.1 1

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CD32:9, CD32:10 2

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CD32:11, CD32:12 2

CD32:13, CD32:14 2

CD32:15, CD32:16 2

CD32:17, CD32:18 2

CD33:1 OC

CD34:1, CD34:2 OC

CD34:3, CD34:4 OC

CD34:5, CD34:6 OC

CD34:7, CD34:8 OC

CD34:9, CD34:10 OC

CD34:11, CD34:12 OC

CD34:13, CD34:14 OC

CD34:15, CD34:16 OC

CD34:17, CD34:18 OC

CD34:19, CD34:20 OC

CD34:21, CD34:22 OC

CD35:1 OC

CD36:1 2

CD36:3, CD36:4 OC

CD36:5, CD36:6 OC

CD36:7, CD36:8 OC

CD36:9 2

CD37:1 OC

CD38:1, CD38:2 OC

CD38:3 2

CD38:5, CD38:6 2

CD38:7, CD38:8 2

CD38:9, CD38:10 2

CD38:11, CD38:12 2

CD38:12.1 2

CD38:13, CD38:14 OC

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CD38:17, CD38:18 OC

CD38:19, CD38:20 OC

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Page No. Supp. No.

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CD38:41, CD38:42 2

CD38:42.1, CD38:42.2 2

CD38:42.3 2

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CD38:47, CD38:48 OC

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CD38:51 OC

CCT:1, CCT:2 OC

CCT:3, CCT:4 OC

CCT:5, CCT:6 OC

CCT:7 3

SLT:1, SLT:2 3

CHTi:1, CHTi:2 OC

CDi:1, CDi:2 2

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CDi:5, CDi:6 OC

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CDi:9, CDi:10 3

CDi:11, CDi:12 3

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CDi:17, CDi:18 3

CDi:19 3

CDi:21, CDi:22 2

CDi:23, CDi:24 2

CDi:25, CDi:26 3

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CDi:41, CDi:42 OC

CDi:43 2

CDi:45, CDi:46 OC

CDi:47, CDi:48 2

SUPPLEMENT HISTORY TABLE

The table below allows users of this Code to quickly and accurately determine what

ordinances have been considered for codification in each supplement. Ordinances that are of

a general and permanent nature are codified in the Code and are considered �Included.�

Ordinances that are not of a general and permanent nature are not codified in the Code and

are considered �Omitted.�

In addition, by adding to this table with each supplement, users of this Code of Ordinances

will be able to gain a more complete picture of the Code's historical evolution.

Ordinance/

Amendment

Date

Adopted

Included/

Omitted

Supplement

Number

Ordinance 3- 5-2018 Included 3

SH:1Supp. No. 3


PART I

CHARTER*

Section 1. [Incorporation.]Section 2. [Eminent domain.]Section 3. [Taxation.]Section 4. [Duties of officers.]Section 5. [Election of mayor and commissioners.]

*Editor’s note—Printed herein is the Charter of the Town of Aurora, North Carolina, beingchapter 150 of the Private Laws of 1911, as adopted by the General Assembly on February 25,1911, and effective on the same date. Amendments to the original Charter are indicated byparenthetical history notes following amended provisions. The absence of a history noteindicates that the provision remained unchanged from the original Charter. Obvious misspell-ings have been corrected without notation. For stylistic purposes, a uniform system ofheadings, catchlines and citations to state statutes has been used. Additions made for clarityare indicated by brackets.

CHT:1


An act to recharter the Town of Aurora in Beaufort County.

Section 1. [Incorporation.]

That the town of Aurora in Beaufort County, with the boundary lines of said town as theyare now located under the existing laws, is hereby incorporated, with all the powers andprivileges which are granted to and conferred upon towns by virtue of chapter seventy-threeof The Revisal of North Carolina of one thousand nine hundred and five, and all lawsamendatory thereto.

Section 2. [Eminent domain.]

That the commissioners of the said town are hereby authorized and empowered to condemn,or otherwise acquire, all necessary lands for the extension of its streets and sidewalks in saidtown.

Section 3. [Taxation.]

The commissioners of said town are hereby authorized and empowered to levy and collectfrom all subjects of taxation within said town, an annual town tax: Provided, however, said taxshall not exceed fifty cents on the one hundred dollars valuation of property, and one dollar andfifty cents on the poll: Provided, further, that nothing herein contained shall prevent thecommissioners of the said town from levying and collecting from the male residents of saidtown, between the ages of twenty-one and forty-five years, a street tax not to exceed fourdollars per year from each person, which tax shall be kept separate and apart from all othertaxes, and it shall be the duty of the said commissioners to use the street tax for no otherpurpose than in the necessary building and repairing the streets and sidewalks of said town.

Editor’s note—Ad valorem tax limits are now established under general law, G.S.160A-209; poll taxes have since been invalidated under article V, sec. 1, of the N.C.Constitution.

Section 4. [Duties of officers.]

That all officers of said town as it now exists are hereby authorized and empowered tocontinue in and perform the duties of their respective offices until their successors are electedat the regular election in May, one thousand nine hundred and eleven, and are duly qualifiedand inducted into office.

Section 5. [Election of mayor and commissioners.]

1. All candidates for the board of commissioners and for mayor of the Town of Aurora shallbe elected by all the qualified voters of the Town of Aurora in a nonpartisan election using theplurality method set forth in G.S. 163-292.

2. The mayor of the Town of Aurora shall be elected to a four year term with the nextelection for that office being on November 6, 2001.

§ 5CHARTER

CHT:3


3. The board of commissioners of the Town of Aurora shall have four members who shallserve for a term of four years in staggered terms with the seats presently held byCommissioner R.B. Lee and Commissioner Jeff Peed to be open for election at the November2005 general election and the seats presently held by Commissioner Marvin G. Sartin andCommissioner Lewis Leaming to be open for election at the 2003 general election.(Ord. of 6-4-2001)

§ 5 TOWN OF AURORA CODE

CHT:4


CHARTER COMPARATIVE TABLE

ACTS

This table shows the location of the sections of the basic Charter and anyamendments thereto.

OrdinanceNumber Date Section

Sectionthis Charter

1911(PrivateLaws)

ch. 150 1—5 1—5

CHTCT:1


CHARTER COMPARATIVE TABLE

ORDINANCES

This table shows the location of ordinance amendments to the Charter.

OrdinanceDate

Sectionthis Code

6- 4-2001 5

CHTCT:3


PART II

CODE OF ORDINANCES

Chapter 1

GENERAL PROVISIONS

Sec. 1-1. Designation and citation of Code.Sec. 1-2. Definitions and rules of construction.Sec. 1-3. Matters included in and excluded from Code.Sec. 1-4. Effect of repeal or expiration of provisions.Sec. 1-5. Continuations of existing provisions.Sec. 1-6. References to General Statutes.Sec. 1-7. Catchlines; history notes; references to Code.Sec. 1-8. Delegation of authority.Sec. 1-9. Amendments to Code; effect of new ordinances; amendatory language.Sec. 1-10. Supplementation of Code.Sec. 1-11. Severability.Sec. 1-12. General penalty; citations; additional remedies.

CD1:1


Sec. 1-1. Designation and citation of Code.

The ordinances embraced in this and the following chapters shall constitute and may becited as the "Code of Ordinances, Town of Aurora, North Carolina," or more simply as "TheAurora Town Code."(Code 1979, § 1-1001)

State law reference—Codification, G.S. 160A-77.

Sec. 1-2. Definitions and rules of construction.

The following words, terms and phrases, when used in this Code, shall have the meaningsascribed to them in this section, except where the context clearly indicates a different meaning:

Board, town board. The terms "board," "the board," and "the town board" shall mean andrefer to the board of commissioners of the town.

Charter. The term "Charter" shall mean and refer to the Charter of the Town of Aurora,North Carolina, as printed in part I of this volume.

Code. The term "Code" shall mean the Code of Ordinances of the Town of Aurora, NorthCarolina.

Computation of time. The time within which an act is to be done shall be computed byexcluding the first and including the last day. If the last day is a Saturday, Sunday or legalholiday, that day shall be excluded. When the period of time prescribed or allowed is less thanseven days, intermediate Saturdays, Sundays and holidays shall be excluded. Whenever aperson has the right or is required to do some act within a prescribed period after the serviceof a notice or other paper upon him and the notice or paper is served by mail, three days shallbe added to the prescribed period.

County. The term "county" shall mean the County of Beaufort, North Carolina.

Gender. Words importing the masculine gender shall extend and be applied to females andto firms, partnerships and corporations as well as to males.

G.S. and General Statutes. The abbreviation "G.S." and the term "General Statutes" shallmean the General Statutes of North Carolina, as amended. Whenever a section, subsection,subdivision or sentence begins with "As provided in G.S. ," what follows is asummary of the General Statute section cited.

May. The term "may" is permissive.

Number. Words used in the singular include the plural, and the plural includes the singularnumber.

Oath. The term "oath" shall be construed to include the term "affirmation" in all cases inwhich, by law, an affirmation may be substituted for an oath; and in like cases, the terms"swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

§ 1-2GENERAL PROVISIONS

CD1:3


Official time standard. Whenever certain hours are named in this Code, they shall meanEastern Standard Time or Eastern Daylight Saving Time, whichever may be in current use inthe town.

Or, and. may be read "and," and "and" may be read "or," if the sense requires it.

Owner. The term "owner," applied to a building or land, shall include any part owner, jointowner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of suchbuilding or land.

Person. The term "person" shall mean an individual, trustee, executor, other fiduciary,corporation, firm, partnership, association, organization, or other entity acting as a unit.

Preceding, following. The terms "preceding" and "following" shall be defined as provided inG.S. 12-3.

Property, personal property and real property. The terms "property," "personnel property"and "real property" shall be defined as provided in G.S. 12-3.

Shall. The term "shall" is mandatory.

State. The terms "state" and "this state" shall be construed to mean the State of NorthCarolina, except as otherwise provided.

Street and highway. The terms "street" and "highway" shall be defined as provided in G.S.20-4.01.

Tense. Words used in the past or present tense include the future as well as the past andpresent.

Town. The term "town" shall mean the Town of Aurora, in the County of Beaufort and Stateof North Carolina.

Written and in writing. The terms "written" and "in writing" shall include printing and anyother mode of representing words and letters.

Year. The term "year," except where fiscal year is specifically referred to, shall mean acalendar year.(Code 1979, § 1-1002)

State law references—Computation of time, G.S. 1-593; 1A-1, rule 6(a); 159-2; rules forconstruction, G.S. 12-3; citation of General Statutes, G.S. 164-1.

Sec. 1-3. Matters included in and excluded from Code.

This Code includes all ordinances intended to be continuing or permanent, with thefollowing exceptions, and excludes all ordinances relating to boundaries, zones or locationsthat must be shown on a map, as well as those ordinances intended to have only a temporaryeffect or that must be adopted on an annual basis. Without limiting such ordinances, the Codeexcludes the following:

(1) Any annual budget ordinance and any amendment to such ordinance;

§ 1-2 TOWN OF AURORA CODE

CD1:4


(2) Any ordinance making an assessment;

(3) Any ordinance opening, relocating, closing, altering or naming any street or alley;

(4) Any ordinance relating to zoning map changes;

(5) Any ordinance relating to the corporate limits;

(6) Any ordinance relating to the classification, salaries, compensation or bonds of townofficers or employees or members of the board of commissioners;

(7) Any franchise ordinance;

(8) Any ordinance authorizing the issuance of bonds;

(9) Any ordinance pertaining to any contract or agreement.

Sec. 1-4. Effect of repeal or expiration of provisions.

(a) The repeal of any provision of this Code or its expiration by virtue of any provisioncontained in this Code shall not affect any right accrued, any offense committed, any penaltyor punishment incurred or any proceeding commenced before the repeal took effect or theprovision expired.

(b) Whenever an ordinance that repeals a provision of this Code is itself repealed, theprevious Code provision shall not be revived without express words to that effect.(Code 1979, § 1-1005)

State law reference—Similar provisions applicable to state laws, G.S. 12-2.

Sec. 1-5. Continuations of existing provisions.

Whenever this Code is amended by adopting new provisions, insofar as these new provisionsare the same in substance as the previously adopted provisions they amend or supersede, theyshall be considered as continuations and not as new enactments unless otherwise specificallyprovided.(Code 1979, § 1-1003)

Sec. 1-6. References to General Statutes.

Whenever any provision of this Code refers to or cites a section of the General Statutes andthat section is later amended or superseded, the Code provision shall be deemed amended torefer to the amended section or the section that most nearly corresponds to the supersededsection.

State law reference—Construction of amended statute, G.S. 12-4.

Sec. 1-7. Catchlines; history notes; references to Code.

(a) The catchlines of the several sections of this Code printed in boldface type are intendedas mere catchwords to indicate the contents of the section and shall not be deemed or taken tobe titles of such sections, nor as any part of the section, nor, unless expressly so provided, shallthey be so deemed when any of such sections, including the catchlines, are amended orreenacted.


CD1:5


(b) The history or source notes appearing in parentheses after sections in this Code are notintended to have any legal effect but are merely intended to indicate the source of mattercontained in the section. Cross references and state law references which appear after sectionsor subsections of this Code or which otherwise appear in footnote form are provided for theconvenience of the user of this Code and have no legal effect.

(c) All references to chapters, articles or sections are to the chapters, articles and sectionsof this Code unless otherwise specified.

Sec. 1-8. Delegation of authority.

Unless otherwise specifically provided, whenever a power, duty, function or responsibility isassigned to a particular official or employee, such official may delegate the authority toexercise the power or perform the function; but ultimate responsibility and accountability forthe exercise of the power or performance of the function remains with the official or employeeto whom such power or function is assigned.

Sec. 1-9. Amendments to Code; effect of new ordinances; amendatory language.

(a) All ordinances passed subsequent to this Code which amend, repeal or in any way affectthis Code may be numbered in accordance with the same numbering system and printed forinclusion in this Code. When subsequent ordinances repeal any chapter, section or subsectionor any portion of a chapter, section or subsection, such repealed portions may be excluded fromthis Code by omission from reprinted pages. The subsequent ordinances as numbered andprinted, or omitted in the case of repeal, shall be prima facie evidence of such subsequentordinances until such time that this Code and subsequent ordinances numbered or omitted arereadopted as a new code by the board of commissioners.

(b) Amendments to any of the provisions of this Code shall be made by amending suchprovisions by specific reference to the section number of this Code in the following language:"That section of the Code of Ordinances, Town of Aurora, North Carolina, is herebyamended to read as follows: . . . ." The provisions shall then be set out in full as desired.

(c) If a new section is to be added to this Code, the following language shall be used: "Thatthe Code of Ordinances, Town of Aurora, North Carolina, is hereby amended by adding asection, to be numbered , which section reads as follows: . . . ." The new sectionshall then be set out in full as desired.

(d) All sections, articles, chapters or provisions desired to be repealed must be specificallyrepealed by section, article or chapter number, as the case may be.(Code 1979, § 1-1008)

Sec. 1-10. Supplementation of Code.

(a) By contract or by town personnel, supplements to this Code shall be prepared andprinted whenever authorized or directed by the board of commissioners. A supplement to theCode shall include all substantive, permanent and general parts of ordinances passed by the


CD1:6


board of commissioners during the period covered by the supplement and all changes made bythe supplement in the Code. The pages of a supplement shall be so numbered that they will fitproperly into the Code and will, where necessary, replace pages which have become obsolete orpartially obsolete; and the new pages shall be so prepared that, when they have been inserted,the Code will be current through the date of the adoption of the latest ordinance included inthe supplement.

(b) In preparing a supplement to this Code, all portions of the Code which have beenrepealed shall be excluded from the Code by their omission from reprinted pages.

(c) When preparing a supplement to this Code, the codifier (meaning the person, agency ororganization authorized to prepare the supplement) may make formal, nonsubstantivechanges in ordinances and parts of ordinances included in the supplement, insofar as it isnecessary to do so to embody them into a unified code. For example, the codifier may:

(1) Organize the ordinance material into appropriate subdivisions;

(2) Provide appropriate catchlines, headings and titles for sections and other subdivisionsof the Code printed in the supplement and make changes in such catchlines, headingsand titles;

(3) Assign appropriate numbers to sections and other subdivisions to be inserted in theCode and, where necessary to accommodate new material, change existing section orother subdivision numbers;

(4) Change the words "this ordinance" or words of the same meaning to "this chapter,""this article," "this division," etc., as the case may be, or to "sectionsthrough " (inserting section numbers to indicate the sections of the Codewhich embody the substantive sections of the ordinance incorporated into the Code);and

(5) Make other nonsubstantive changes necessary to preserve the original meanings ofordinance sections inserted into the Code; but in no case shall the codifier make anychange in the meaning or effect of ordinance material included in the supplement oralready embodied in the Code.

Sec. 1-11. Severability.

It is the intention of the board of commissioners that the sections, paragraphs, sentences,clauses and phrases of this Code are severable; and if any such section, paragraph, sentence,clause or phrase is declared unconstitutional or otherwise invalid by any court of competentjurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall notaffect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Codesince they would have been enacted by the board of commissioners without the incorporationin this Code of any such unconstitutional or invalid section, paragraph, sentence, clause orphrase.(Code 1979, § 1-1007)


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Sec. 1-12. General penalty; citations; additional remedies.

(a) Unless otherwise provided in this Code, each violation of this Code shall constitute amisdemeanor, except as otherwise provided by statute; and violations of such provisions of thisCode shall be punished by a fine not exceeding $500.00 or imprisonment for a term notexceeding 30 days, or by both such fine and imprisonment.

(b) Violations of this Code shall constitute either a misdemeanor or, at the election of thetown, shall subject the offender to a civil penalty upon the issuance of a citation for theviolation as provided in this section. The civil penalty, if not paid to the town within 15 daysof the issuance of a citation, may be recovered by the town in a civil action in the nature of debt.Unless otherwise provided by a specific provision of this Code, such civil penalties shall be inthe amount of $500.00 for each violation; and each day any single violation continues shall bea separate violation.

(c) In addition to the civil penalties set out in subsection (b) of this section, any provision ofthis Code or any other town ordinance may be enforced by an appropriate equitable remedyissuing from a court of competent jurisdiction. In such case, the state general court of justiceshall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defenseto the application of the town for equitable relief that there is an adequate remedy at law.

(d) In addition to the civil penalties set out in subsection (b) of this section, any provisionof this Code or any other town ordinance that makes unlawful a condition existing upon or usemade of real property may be enforced by injunction and order of abatement by the stategeneral court of justice. When a violation of such a provision occurs, the town may apply to theappropriate division of the general court of justice for a mandatory or prohibitory injunction ororder of abatement commanding the defendant to correct the unlawful condition upon or ceasethe unlawful use of the property. The action shall be governed in all respects by the laws andrules governing civil proceedings, including the Rules of Civil Procedure in general and rule 65in particular. An order of abatement may direct that buildings or other structures on theproperty be closed, demolished or removed; that fixtures, furniture or other movable propertybe removed from buildings on the property; that abandoned or junked vehicles be removed;that improvements or repairs be made; or that any other action be taken that is necessary tobring the property into compliance with this Code or such ordinance. If the defendant fails orrefuses to comply with an injunction or with an order of abatement within the time allowed bythe court, he may be cited for contempt, and the town may execute the order of abatement. Thetown shall have a lien on the property for the cost of executing an order of abatement in thenature of a mechanic's and materialman's lien. The defendant may secure cancellation of anorder of abatement by paying all costs of the proceedings and posting a bond for compliancewith the order. The bond shall be given with sureties approved by the clerk of superior courtin an amount approved by the judge before whom the matter is heard, and shall be conditionedon the defendant's full compliance with the terms of the order of abatement within a time fixedby the judge. Cancellation of an order of abatement shall not suspend or cancel an injunctionissued in conjunction with such order.


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(e) The provisions of this Code and any other town ordinances may be enforced by one, allor a combination of the remedies authorized and prescribed by this section.

(f) Upon determination of a violation of any section of this Code, the penalty for which is acivil penalty, the town shall cause a warning citation to be issued to the violator. Such citationshall set out the nature of the violation, the section violated and the date of the violation, andshall contain an order to immediately cease the violation. If the violation is in the nature of aninfraction for which an order of abatement would be appropriate in a civil proceeding, areasonable period of time must be stated in which the violation must be abated. The warningcitation shall specify that a second citation shall incur a civil penalty, together with costs andattorney's fees.

(g) Upon failure of the violator to obey the warning citation, a civil citation shall be issuedby the appropriate official of the town and served directly on either the violator, his dulydesignated agent, or the registered agent if a corporation, either in person or posted in theUnited States mail service by first class mail addressed to the last known address of theviolator as contained in the records of the town or obtained from the violator at the time ofissuance of the warning citation. The violator shall be deemed to have been served upon themailing of the citation. The citation shall direct the violator to pay the citation within 15 daysof the date of the citation by mail. The violation for which the citation is issued must have beencorrected by the time the citation is paid; otherwise, further citations shall be issued. Citationsmay be issued for each day the offense continues until the prohibited activity is ceased orabated.

(h) If the violator fails to respond to a citation within 15 days of its issuance, and pay thepenalty prescribed in the citation, the town may institute a civil action in the nature of debtin the appropriate division of the state general court of justice for the collection of the penalty,costs and attorney's fees and such other relief as permitted by law.(Code 1979, § 1-1006)

State law references—Violation of local ordinances, G.S. 14-4; authority of town toenforce ordinances, G.S. 160A-175.


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Chapter 2

ADMINISTRATION*

Article I. In General

Sec. 2-1. Town boundaries.Sec. 2-2. Extraterritorial jurisdiction.Sec. 2-3. Map on record; installation of markers.Sec. 2-4. Town office hours.Secs. 2-5—2-30. Reserved.

Article II. Board of Commissioners

Division 1. Generally

Sec. 2-31. Governing body.Sec. 2-32. Powers and duties of the board, generally.Sec. 2-33. Committees appointed by the board; reports; compensation.Sec. 2-34. Responsibilities and duties of committees.Sec. 2-35. Compensation.Secs. 2-36—2-50. Reserved.

Division 2. Meetings

Sec. 2-51. Meetings of the board.Sec. 2-52. Rules of procedure.Sec. 2-53. Meetings open to public.Secs. 2-54—2-70. Reserved.

Division 3. Ordinances

Sec. 2-71. Procedure, form; publication.Sec. 2-72. Ordinances confined to one subject.Sec. 2-73. Effective date.Sec. 2-74. Official copy.Sec. 2-75. Ordinance book.Sec. 2-76. Ordinances adding chapter, article, etc., to Code.Sec. 2-77. Improper amending unlawful.Secs. 2-78—2-90. Reserved.

Article III. Officers and Employees


Sec. 2-91. Board's power over employees.

*Cross references—Any ordinance pertaining to any contract or agreement saved fromrepeal, § 1-3(9); civil emergencies, ch. 14; administration and enforcement of abandoned andjunk vehicles, § 16-92; administration of flood damage prevention, § 20-61 et seq.; lawenforcement, ch. 22; utilities, ch. 34; administration of zoning, § 38-41 et seq.

State law reference—Cities and towns, G.S. ch. 160A.

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Sec. 2-92. Other officers and employees; appointment; compensation.Sec. 2-93. Employees' bonds.Sec. 2-94. Consolidation of offices.Secs. 2-95—2-110. Reserved.

Division 2. Mayor

Sec. 2-111. Election of the mayor.Sec. 2-112. Duties.Sec. 2-113. Voting.Secs. 2-114—2-130. Reserved.

Division 3. Town Clerk

Sec. 2-131. Appointed by the board.Secs. 2-132—2-150. Reserved.

Division 4. Town Attorney

Sec. 2-151. Appointed by the board.Secs. 2-152—2-170. Reserved.

Division 5. Tax Collector

Sec. 2-171. Duties.Secs. 2-172—2-190. Reserved.

Article IV. Departments

Sec. 2-191. Enumerated.Secs. 2-192—2-220. Reserved.

Article V. Finance


Sec. 2-221. Disbursement of funds.Sec. 2-222. Budget officer and finance officer.Sec. 2-223. Countersignatures upon all drafts.Sec. 2-224. Petty cash authorization and procedures.Secs. 2-225—2-240. Reserved.

Division 2. Disposal of Surplus Personal Property

Sec. 2-241. Authorized.Sec. 2-242. Means of disposal.Sec. 2-243. Sale to highest offer; value.Sec. 2-244. Record of property sold.

TOWN OF AURORA CODE

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ARTICLE I. IN GENERAL

Sec. 2-1. Town boundaries.

The town hereby establishes boundaries for the extraterritorial enforcement of the followingordinances:

(1) Town zoning ordinance;

(2) Town subdivision regulations;

(3) State building code.(Code 1979, § 9-1001; Ord. of 4-12-1999, § 9-1001)

Sec. 2-2. Extraterritorial jurisdiction.

The extraterritorial jurisdiction boundaries are described and delineated on the face of amap, entitled "Extraterritorial Jurisdiction of the Town of Aurora," which is hereby adopted byreference.(Code 1979, § 9-1002; Ord. of 4-12-1999, § 9-1002)

State law reference—Extraterritorial jurisdiction, G.S. 160A-360.

Sec. 2-3. Map on record; installation of markers.

The official copy of this chapter and map shall be on record in the office of the town clerk forpublic inspection during normal business hours. The town clerk shall cause signs, signposts,or similar readily identifiable markers to be installed at all points of intersection of thedescribed boundary with all roads, streets, and highways.(Code 1979, § 9-1003; Ord. of 4-12-1999, § 9-1003)

Sec. 2-4. Town office hours.

Town office hours will be set by the board and posted at town hall. The office will be closedon Saturday, Sunday and all legal holidays.(Code 1979, § 2-2014)

Secs. 2-5—2-30. Reserved.

§ 2-30ADMINISTRATION

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ARTICLE II. BOARD OF COMMISSIONERS*

DIVISION 1. GENERALLY

Sec. 2-31. Governing body.

The governing body of the town shall consist of four members, elected according to theuniform municipal election laws of the state. The governing body shall be charged with thegeneral government and administration of the affairs of the town.(Code 1979, § 2-1001)

State law references—Board to organize town government, G.S. 160A-146; UniformMunicipal Election Laws, G.S. 163-279 et seq.

Sec. 2-32. Powers and duties of the board, generally.

The powers and duties of the board shall be as set out in the General Statutes of the state,the town, and the ordinances of the town.(Code 1979, § 2-1002)

Sec. 2-33. Committees appointed by the board; reports; compensation.

Committees shall, unless otherwise ordered, be appointed by the board. All reports ofcommittees shall be in writing, and committee members shall receive such compensation forextra and special service as the board may designate.(Code 1979, § 2-1007)

Sec. 2-34. Responsibilities and duties of committees.

Each committee shall be held responsible for its respective department or the special objectfor which it is appointed, and shall make such recommendations to the mayor and the boardas it deems advisable.(Code 1979, § 2-1008)

Sec. 2-35. Compensation.

The compensation of the mayor and board members shall be as provided in the annualbudget ordinance, and as such ordinance may be amended from time to time.(Code 1979, § 2-1009)

State law reference—Compensation of mayor and board members, G.S. 160A-64.


DIVISION 2. MEETINGS†

Sec. 2-51. Meetings of the board.

(a) Regular meetings; time and place. The regular meetings of the board shall be held on thefirst Monday of each month at 7:00 p.m. at the town hall, unless otherwise designated by theboard. Every member of the board and officer shall attend all meetings of the board, unlessexcused.

*State law reference—Organization and procedures of governing body, G.S. 160A-68 etseq.

†State law reference—Meetings of governing body, G.S. 160A-71.


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(b) Special meetings. Special meetings of the board may be held according to the proceduresset out in the applicable General Statutes.

(c) Adjourned meetings. Any meeting of the board may be continued or adjourned from dayto day, or for more than one day, but no adjournment shall be for a longer period than until thenext regular meeting thereafter.(Code 1979, §§ 2-1021—2-1023)

State law reference—Special meetings, G.S. 160A-71.

Sec. 2-52. Rules of procedure.

(a) Agenda. All reports, communications, ordinances, resolutions, contract documents orother matters to be submitted to the board should be delivered or submitted to the town clerkat least three days prior to its meeting. The town clerk shall then arrange a list of thesematters according to the order of business and furnish each member of the board and the townattorney with a copy prior to the board meeting and as far in advance of the meeting as timefor preparation will permit.

(b) Rules of debate and decorum.

(1) Manner of speaking. Every member desiring to speak shall address the chair and uponrecognition by the mayor shall confine himself to the question under debate, avoidingall personalities and indecorous language.

(2) Interrupting the speaker. A member, once recognized, shall not be interrupted whenspeaking, unless it is to call him to order or as otherwise provided under applicablerules of parliamentary procedure. If a member, while speaking, is called to order, heshall cease speaking until the question of order is determined and, if in order, he shallbe permitted to proceed.

(c) Addressing the board. Any person desiring to address the board shall first secure thepermission of the mayor. Any interested parties or their authorized representatives mayaddress the board on matters listed on the agenda of the board. After a motion is before theboard, no person shall address the board without first securing the permission of the board soto do.

(1) Manner of addressing board; time limit. Every person addressing the board shall givehis name and address for the records, and unless special time is granted by the board,shall limit his remarks to three minutes. All remarks shall be addressed to the boardas a body and not to any member thereof. No person, other than board members andthe person having the floor, shall be permitted to enter into any discussion eitherdirectly or through a member of the board. No question shall be asked a member exceptthrough the mayor.

(2) Request to have statement abstracted. A member may request from the mayor theprivilege of having an abstract of his statement on any subject under consideration bythe board entered in the minutes.


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(3) Request to record synopsis of discussion in the minutes. The town clerk may be directedby the mayor, with consent of the board, to enter in the minutes a synopsis of thediscussion on any question coming before the board.

(4) Voting, individual ballots. All elections by the board shall be made by individual ballotif required by any two members present.

(5) Questions of order. All questions of order shall be decided by the mayor without debate,subject to an appeal to the board.

(6) Robert's Rules of Order, Newly Revised. When any point of procedure shall arise, thelatest revised edition of Robert's Rules of Order, Newly Revised, shall determine thequestion of procedure.

(Code 1979, § 2-1024)

Sec. 2-53. Meetings open to public.

Except as provided in the Open Meetings Statute of the state, all meetings of the board shallbe open to the public.

State law reference—Open meetings law, G.S. 143-318.1 et seq.(Code 1979, § 2-1026)


DIVISION 3. ORDINANCES

Sec. 2-71. Procedure, form; publication.

Every ordinance amending or repealing any ordinance and every new ordinance shall beproposed in writing and shall be approved as to form by the town attorney. Ordinances shallhave ordinance numbers and section captions.(Code 1979, § 2-1041)

Sec. 2-72. Ordinances confined to one subject.

All ordinances shall be confined to one subject except appropriation ordinances which shallbe confined to the subject of appropriations only.(Code 1979, § 2-1042)

Sec. 2-73. Effective date.

All ordinances shall be effective after the ratification thereof except ordinances specifyingsome other effective date or ordinances required by state law to be effective only after havingmet specific date requirements.(Code 1979, § 2-1043)


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Sec. 2-74. Official copy.

A true copy of an ordinance, which has been duly enacted by the board, signed by the mayor,and attested to by the town clerk shall be known as an official copy of any ordinance for thetown. All ordinances or a true copy thereof shall be appropriately codified into this Code.(Code 1979, § 2-1044)

State law reference—Pleading and proving town ordinances, G.S. 160A-79.

Sec. 2-75. Ordinance book.

The town clerk shall file a true copy of each ordinance, until it is codified in this Code, in anordinance book separate and apart from the board's minute book. The ordinance book shall beappropriately indexed and maintained for public inspection in the office of the town clerk.(Code 1979, § 2-1045)

Sec. 2-76. Ordinances adding chapter, article, etc., to Code.

Any ordinance which is proposed to add to this Code a new chapter, article or section shallindicate, with reference to the arrangement of this Code, the proper number of the chapter,part, article or section.(Code 1979, § 2-1046)

Sec. 2-77. Improper amending unlawful.

It shall be unlawful for members of the board to annul, abridge, modify or in any way changeany ordinance except at a regular or special meeting of the board.(Code 1979, § 2-1047)


ARTICLE III. OFFICERS AND EMPLOYEES*


Sec. 2-91. Board's power over employees.

The board shall have the authority to generally organize and supervise the employees of thetown, including the power to:

(1) Prescribe rules. Prescribe rules and regulations as it shall deem necessary or expedientfor the conduct of administrative employees subject to its authority and shall have thepower to revoke, suspend or amend any rule or regulation;

*Cross reference—Any ordinance relating to the classification, salaries, compensation orbonds of town officers or employees or members of the board of commissioners saved fromrepeal, § 1-3(6).

State law reference—Personnel, G.S. 160A-162 et seq.


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(2) Investigate. Either by itself or by any officer or person designated for the purpose by it,investigate and examine or inquire into the affairs or operation of any department,division or employee; and shall have the power to employ investigations, examinationsor inquiries;

(3) Overrule officials. Set aside any action taken by a town administrative official whomay supersede him in the functions of his office;

(4) Delegate duties. Direct any official, department, division or employee to perform thework for any other official, department, division or employee;

(5) Provide for administrative committees. Designate committees as it shall find necessaryfor the proper consideration of administrative problems. The committees shall meet atthe request of the board and shall make recommendations on matters referred to themas they shall find necessary for the best interests of the town; and

(6) Summon employees. Require any employee of the town to appear before and report tothe board at any meeting.

(Code 1979, § 2-1006)State law reference—Authority of the board to adopt personnel regulations, G.S.

160A-164.

Sec. 2-92. Other officers and employees; appointment; compensation.

Such other officers and employees that are deemed necessary shall be appointed by theboard. All officers and employees shall serve at the pleasure of the board and receive suchcompensation as from time to time may be prescribed by the board.(Code 1979, § 2-2012)

Sec. 2-93. Employees' bonds.

The town clerk and other officers or employees required by the board shall post bonds inamounts specified by the board. All bond premiums shall be paid from town funds.(Code 1979, § 2-2013)

Sec. 2-94. Consolidation of offices.

Except as otherwise provided by law, the board may in its discretion consolidate any two ormore offices and assign the duties of both offices to one or more persons.(Code 1979, § 2-2011)



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DIVISION 2. MAYOR*

Sec. 2-111. Election of the mayor.

The mayor shall be directly elected by a vote of the people.(Code 1979, § 2-1003)

Sec. 2-112. Duties.

The mayor shall be the chief executive officer of the town, and as such, shall:

(1) Keep informed as to the town's business.

(2) Preside over the meetings of the board of commissioners.

(3) Sign all contracts, ordinances, resolutions, franchises, and all other documents asauthorized by the board.

(4) Appoint all committees and outline their duties, under the general direction of theboard.

(5) Make recommendations to the board of commissioners concerning the affairs of thetown.

(6) Represent the town at ceremonies and other official occasions.

(7) Perform other duties as authorized by the General Statutes, the town Charter, and thisCode.

(Code 1979, § 2-1004)State law reference—Duties of the mayor, G.S. 160A-69.

Sec. 2-113. Voting.

The mayor shall not vote on any question before the board except in the case of a tie vote bythe board.(Code 1979, § 2-1005)


DIVISION 3. TOWN CLERK†

Sec. 2-131. Appointed by the board.

The town clerk shall be appointed by the board.

(1) The clerk shall attend all meetings of the board and shall record all of its proceedingsin the minute book.

*State law reference—Mayor to preside, G.S. 160A-69.†State law reference—Duties of clerk, G.S. 160A-171.


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(2) It shall be the duty of the clerk to keep true, accurate and just books of accounts of thedealings and transactions of the town, which books shall show at all times the truecondition of the town, its resources and liabilities, and the disposition and use of themonies coming under the control of the town.

(3) The clerk shall disburse funds for the various purposes of the town only when suchdisbursement is authorized by the board.

(4) The clerk shall keep or cause to be kept in a safe place all the monies, records andaccounts.

(5) The clerk shall perform other duties as the board may from time to time require.(Code 1979, § 2-2001)


DIVISION 4. TOWN ATTORNEY*

Sec. 2-151. Appointed by the board.

The board shall appoint a town attorney to serve at its pleasure to be its legal advisor.(Code 1979, § 2-2002)


DIVISION 5. TAX COLLECTOR†

Sec. 2-171. Duties.

The board shall provide for the appointment of a tax collector, whose duties shall be to:

(1) Collect all taxes and assessments due to the town.

(2) Supply the mayor and board with any information they may require of him relative tothe performance of his duties.

(3) Make periodic reports to the board listing therein all funds collected by him.

(4) Act as registrar of motor vehicles.

(5) Perform other duties required by law, or as the board may direct.(Code 1979, § 2-2003)


*State law reference—Appointment and duties of municipal attorney, G.S. 160A-173.†State law references—Duties of tax collector, G.S. 105-349, 105-350; ad valorem taxation

generally, G.S. 105-371 et seq.


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ARTICLE IV. DEPARTMENTS*

Sec. 2-191. Enumerated.

The administrative organization of the town shall be divided into the following depart-

ments:

(1) Administration;

(2) Public works;

(3) Police;

(4) Water and sewer.

(Code 1979, § 2-3001)


ARTICLE V. FINANCE†


Sec. 2-221. Disbursement of funds.

(a) In accordance with the Local Government Budget and Fiscal Control Act, G.S. 159-1

et seq., no bill or claim against the town may be paid unless it has been approved by the

officer or employee responsible for the function or agency to which the expense is charged.

No check or draft of the town shall be valid unless it bears on its face the certificate of the

clerk as follows:

�This disbursement has been approved as required by the Local Government Budget and

Fiscal Control Act.�

(b) No contract, agreement or purchase order shall be valid unless it bears the finance

officer's certificate as follows:

�This instrument has been preaudited in the manner required by the Local Government

Budget and Fiscal Control Act.�

(Code 1979, § 2-4001)

*Cross references—Inspection department, § 10-61 et seq.; police department, § 22-31 etseq.

†Cross references—Any annual budget ordinance and any amendment to such ordinancesaved from repeal, § 1-3(1); any ordinance authorizing the issuance of bonds saved fromrepeal, § 1-3(8).

State law reference—Local government budget and fiscal control, G.S. 159-1 et seq.


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Sec. 2-222. Budget officer and finance officer.

The town clerk shall serve as budget officer and finance officer and shall:

(1) Make or approve all purchases of material, equipment and supplies authorized by

the board;

(2) Establish sets of standards and specifications to control purchases by the town;

(3) Prepare and publish specifications and notices to bidders;

(4) Advise the board as to anticipated needs for purchases and make purchases in

advance of needs as authorized by the board;

(5) Store material, equipment and supplies in advance of actual need;

(6) Keep records of all purchases made by him and of the destination or ultimate use of

the material, equipment and supplies; and

(7) Cause to be kept an inventory of all municipal property in his custody and of all

municipal property in the custody of the other officers and employees of the town.

(Code 1979, § 2-4002)

Sec. 2-223. Countersignatures upon all drafts.

All checks and drafts issued by the town, regardless of amount, must be signed by the

finance officer and countersigned by the mayor or a member of the board.

(Code 1979, § 2-4041)

State law reference—Dual signatures on checks, G.S. 159-25.

Sec. 2-224. Petty cash authorization and procedures.

Petty cash can only be used by, or reimbursed to, a town employee when the expenditure

is clearly for a town public purpose and sufficient funds have been appropriated by the board

for petty cash. Petty cash expenditures cannot exceed the authorized amount as established

by the town petty cash policy and if the expenditure is approved by the town finance officer

and if the town petty cash policy (as established by the town board) is strictly adhered to by

the requesting town employee.

(Ord. of 3-5-2018)


DIVISION 2. DISPOSAL OF SURPLUS PERSONAL PROPERTY*

Sec. 2-241. Authorized.

The town board is hereby authorized to dispose of any surplus personal property owned by

the town, whenever they determine in their discretion, that:

(1) The item or group of items has a fair market value of less than $5,000.00;

*State law reference—Sale and disposition of property, G.S. 160A-265 et seq.


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(2) The property is no longer necessary for the conduct of public business; and

(3) Sound property management principles and financial considerations indicate that

the interests of the town would be best served by disposing of the property.

(Ord. of 3-2-1998, § 1)

Sec. 2-242. Means of disposal.

The town board may dispose of any such surplus personal property by any means which

they judge reasonably calculated to yield the highest attainable sale price in money or other

consideration, including but not limited to the methods of sale provided in G.S. 160A-265 et

seq. Such sale may be public or private, and with or without notice and minimum waiting

period.

(Ord. of 3-2-1998, § 2)

Sec. 2-243. Sale to highest offer; value.

The surplus property shall be sold to the party who tenders the highest offer, or exchanged

for any property or services useful to the town if greater value may be obtained in that

manner, and the town board is hereby authorized to execute and deliver any applicable title

documents. If no offers are received within a reasonable time, the town board may retain the

property, obtain any reasonably available salvage value, or cause it to be disposed of as waste

material. No surplus property may be donated to any individual or organization except by

resolution of the board of commissioners.

(Ord. of 3-2-1998, § 3)

Sec. 2-244. Record of property sold.

The town board shall keep a record of all property sold under authority of this division and

that record shall generally describe the property sold or exchanged, to whom it was sold, or

with whom exchanged, and the amount of money or other consideration received for each

sale or exchange.

(Ord. of 3-2-1998, § 4)


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Chapter 3

RESERVED

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Chapter 4

ALCOHOLIC BEVERAGES*

Sec. 4-1. Sale of alcoholic beverages.Secs. 4-2, 4-3. Reserved.

*Cross reference—Businesses, ch. 12.State law reference—Alcoholic beverages, G.S. 18B-100 et seq.

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Sec. 4-1. Sale of alcoholic beverages.

(a) Sale on Sundays. It shall be unlawful for any person to sell alcoholic beverages withinthe corporate limits of the town from 1:00 a.m. to 1:00 p.m. on Sundays.

(b) Exception. Subsection (a) of this section shall not apply to the sale of alcoholic beverageson Sundays in those establishments which have a brown-bagging or mixed beverages permitissued under G.S. 18B-1001.(Code 1979, §§ 6-1083, 6-1084)

Secs. 4-2, 4-3. Reserved.

Editor’s note—Pursuant to a motion made and passed at the Sept. 13, 2004, meeting of theboard of commissioners to rescind the local ordinances concerning public safety previouslyadopted by the board, and at the direction of the city clerk, former §§ 4-2, 4-3, which pertainedto public possession and consumption of alcohol and the regulation of alcohol and derived froman ordinance adopted Feb. 3, 2003; and an ordinance adopted July 7, 2003, have been deleted.

§ 4-3ALCOHOLIC BEVERAGES

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Chapter 5

RESERVED

CD5:1


Chapter 6

AMUSEMENTS AND ENTERTAINMENTS*

Sec. 6-1. License required to maintain or operate amusements.Sec. 6-2. Application for license.Sec. 6-3. Refusal of license.Sec. 6-4. Form and content of license.Sec. 6-5. Certain prohibitions to be observed by licensee and employees.Sec. 6-6. Rules for operation.Sec. 6-7. Licensee responsible.Sec. 6-8. Revocation of license.

*Cross reference—Businesses, ch. 12.State law reference—Regulation of places of amusement, G.S. 160A-181.

CD6:1


Sec. 6-1. License required to maintain or operate amusements.

Pursuant to the authority granted the town in G.S. 160A-181 to regulate places ofamusement and entertainment, it shall be unlawful for any person to maintain or operate anypool or billiard table, bowling alley, other table, alley, pinball machine, or similar amusementfor any game or play for which a charge is made, either directly or indirectly, unless the personshall first have secured a license from the board to maintain or operate the amusement. Thelicense shall expire on June 30 of each year, and shall not be transferable.(Code 1979, § 6-1041)

Sec. 6-2. Application for license.

Applications for a license to maintain or operate amusements shall be made upon formsprovided by the town clerk and shall contain all information necessary for the board to actintelligently upon the applications.(Code 1979, § 6-1042)

Sec. 6-3. Refusal of license.

The board shall not issue a license to any person:

(1) Who has been convicted within the past two years of a felony;

(2) Who is not a citizen or resident alien; or

(3) Who is a habitual user of intoxicating liquor or narcotic drugs.(Code 1979, § 6-1043)

Sec. 6-4. Form and content of license.

Every license to maintain or operate amusements issued pursuant to this chapter shallspecify the premises for which it is issued, the number of tables, alleys, or machines to beoperated under such license, the name of the owner or operator, and the dates upon which thelicense shall begin and expire. The license shall be posted in a permanent place on thepremises at all times.(Code 1979, § 6-1044)

Sec. 6-5. Certain prohibitions to be observed by licensee and employees.

(a) Licensees to maintain or operate amusements under this chapter shall not, and neithershall their employees:

(1) Suffer or permit any gambling on the licensed premises at any time.

(2) Suffer or permit the licensed premises to become disorderly, or permit any profane,obscene, or indecent language likely to cause an immediate breach of the peacethereon.

(3) Suffer or permit any alcoholic beverages, as defined in G.S. 18B-101, or narcotic drugsto be sold or kept or consumed on the licensed premises.

§ 6-5AMUSEMENTS AND ENTERTAINMENTS

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(4) Employ in the establishment any person who has been convicted within the past twoyears of a felony offense.

(b) If none of the conditions of subsection (a) of this section exist, a person of any age canenter a pool room, bowling alley or other place of amusement.(Code 1979, § 6-1045; Res. of 7-8-1980, § 1)

Sec. 6-6. Rules for operation.

The following rules shall be observed by all operators of pool rooms, bowling alleys, andother amusements within the town required to be licensed by section 6-1:

(1) All establishments shall close at 1:00 a.m. each morning Monday through Saturday,and no person other than the owner, operator, or employees shall be permitted on thepremises from that hour until 7:00 a.m. the following morning; provided, that whendaylight saving time is in effect all establishments covered in this section shall close at2:00 a.m.

(2) No play on any table, alley, or machine shall be allowed during the times when thepremises are required by this section to remain closed.

(3) All establishments shall be operated only on the ground floor of a building and anunobstructed transparent plate glass window shall be located in those parts of thebuilding facing any street so that a clear view inside may be had from the street.

(4) No screens, curtains, blinds, partitions, or other obstructions shall be placed betweenthe entrance to the room where amusements or games are played and the rear wall ofthe room. A clear view of the interior premises from the entrance to the rear of thepremises must be maintained at all times.

(Code 1979, § 6-1046)

Sec. 6-7. Licensee responsible.

The acts and conduct of the agents and employees of the licensee to maintain or operateamusements in the conduct of business covered pursuant to this chapter shall be deemed to bethe acts and conduct of the licensee.(Code 1979, § 6-1047)

Sec. 6-8. Revocation of license.

A second conviction of a licensee to maintain or operate amusements, or his agent oremployee, for any violation of any section of this chapter shall by operation of law constitutean automatic revocation of the license of the licensee. In addition, the board may at any time,for cause, and after a hearing for which the licensee shall be given reasonable notice as theboard may direct, revoke any license issued pursuant to this chapter.(Code 1979, § 6-1048)


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Chapter 7

RESERVED

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Chapter 8

ANIMALS*

Sec. 8-1. Definitions.Sec. 8-2. Penalty.Sec. 8-3. Interference with public works director.Sec. 8-4. Reserved.Sec. 8-5. Impoundment; notice to owner; sale.Sec. 8-6. Reserved.Sec. 8-7. Animal pens and enclosures.Sec. 8-8. Confinement, animals running at large.Sec. 8-9. Nuisance animals.Sec. 8-10. Dogs running at large.Sec. 8-11. Care required.Sec. 8-12. Responsibility of persons injuring an animal.Sec. 8-13. Vicious animals.Sec. 8-14. Prohibition of certain animals.

*Cross references—Environment and health, ch. 16; removal of dead animals, § 26-9.State law references—Protection of animals, G.S. 19A-1 et seq.; dogs, G.S. 67-1 et seq.;

abuse of animals, G.S. 160A-182; regulation of domestic animals, G.S. 160-186.

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Sec. 8-1. Definitions.

The following words, terms, and phrases, when used in this chapter, shall have themeanings ascribed to them in this section, except where the context clearly indicates adifferent meaning:

Domestic animal means a domesticated or tame animal that is kept principally as a pet,except that livestock and wild animals shall not be regarded as domestic animals.

Livestock means horses, mules, cows, pigs, goats, sheep, chickens, ducks, turkeys and allother animals that typically are kept primarily for productive or useful purposes rather thanas pets.

Proper tag means a current county animal vaccination tag.

Runs at large. An animal runs at large when it is off the premises of the owner and is notunder the immediate and effective constraint of the owner or other competent person in chargeof the animal.

Wild animal means an animal that typically is found in a nondomesticated state and that,because of its size or vicious propensity, or because it is poisonous, or for any other substantialreason poses a potential danger to persons, other animals or property, or is classified as a wildanimal by the state wildlife resources commission (WRC) so that any person wishing to possesssuch wild animal is required by state law to obtain a permit from the WRC.(Ord. of 7-8-1980, § 8-2001)

Cross reference—Definitions generally, § 1-2.

Sec. 8-2. Penalty.

(a) A violation of any of the provision of this chapter shall constitute a misdemeanorpunishable by a fine of not more than $500.00 or imprisonment for not more than 30 days, orboth.

(b) Any violation of any of the sections of this chapter shall also subject the offender to acivil penalty of $10.00. The penalty for a second violation of subsection 8-8(c) or section 8-14shall be $15.00 and for a third violation and subsequent violations, the penalty shall be $25.00.If the offender fails to pay this penalty within 15 calendar days after being cited for a violation,the penalty may be recovered by the town in a civil action in the nature of debt.

(c) Each day that any violation continues, after a person has been notified that suchviolation exists and that he is subject to the penalties specified in subsections (a) and (b) of thissection, shall constitute a separate offense.

(d) This chapter may also be enforced by any appropriate equitable action, includinginjunctions or order of abatement.

(e) The town may enforce this chapter by any one or any combination of subsections (a)—(d)of this section.(Ord. of 7-8-1980, § 8-2025)

§ 8-2ANIMALS

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Sec. 8-3. Interference with public works director.

(a) No person may obstruct, interfere with, hinder or molest the public works director in thelawful performance of any duty authorized by this chapter.

(b) No person may release or attempt to release any animal that is in the custody of thepublic works director.(Ord. of 7-8-1980, § 8-2012)

Sec. 8-4. Reserved.

Editor’s note—Pursuant to a motion made and passed at the Sept. 13, 2004, meeting of theboard of commissioners to rescind the local ordinances concerning public safety previouslyadopted by the board, and at the direction of the city clerk, former § 8-4, which pertained to thevaccination of animals and derived from an ordinance adopted July 8, 1980, has been deleted.

Sec. 8-5. Impoundment; notice to owner; sale.

(a) The public works director may impound any animal that is:

(1) Found running at large in violation of section 8-8;

(2) In accordance with state law, suspected of having rabies; or

(3) Found to be without proper care because of the neglect, incapacitation or absence of itsowner.

(b) Whenever an animal is impounded or otherwise lawfully comes into possession of thepublic works director, that animal shall be put in pens or lots kept for such purpose.

(c) Whenever an animal is impounded or otherwise comes into the possession of the publicworks director, the public works director shall make reasonable efforts to identify the owner,notify him of the impoundment and advise him of the conditions under which the animal maybe reclaimed. The owner may reclaim an impounded animal before transfer of such animalupon proof of ownership and rabies vaccination and payment of the currently required dailymaintenance fee and pickup fee and all expenses of impounding and keeping such animal.

(d) After three days of impoundment all animals will be transferred to the county facility.

(e) Whenever any animal is impounded as provided in this section, and after reasonableefforts to notify the owner as provided in subsection (c) of this section, the animal may be soldin accordance with this section.(Ord. of 7-8-1980, § 8-2008)

Sec. 8-6. Reserved.

Editor’s note—Pursuant to a motion made and passed at the Sept. 13, 2004, meeting of theboard of commissioners to rescind the local ordinances concerning public safety previouslyadopted by the board, and at the direction of the city clerk, former § 8-6, which pertained tocruelty to animals and derived from an ordinance adopted July 8, 1980, has been deleted.


CD8:4Supp. No. 2


Sec. 8-7. Animal pens and enclosures.

(a) Location. Lots, pens, coops and other enclosures where animals are kept or fed shall belocated at such a distance from dwellings and places of concentrated human activity and atsuch distance from sources of water or food supply or food preparation as may be necessary toprotect the public health.

(b) Cows, horses or pigs. Without limiting the generality of subsection (a) of this section, noperson may keep or maintain any cows, horses or pigs within 300 feet of any street orresidence.

(c) Maintenance. All lots, pens, coops and other enclosures where animals are kept or fedshall be maintained at all times in a sufficiently clean and sanitary manner to protect adjacentproperties.(Ord. of 7-8-1980, § 8-2007)

Sec. 8-8. Confinement, animals running at large.

(a) No person may have or keep within the town any domestic animal unless the animal iskept continually within a dwelling, other substantial structure or cage, unless the animal isunder direct command of the owner.

(b) No person may keep pigeons, except when such pigeons are properly kept in a cage orenclosure at all times.

(c) No person owning or having possession, charge, custody or control of any animal,whether domesticated, livestock or wild, may cause, permit or allow the animal to stray or inany manner to run at large or otherwise trespass upon the private property of another.(Ord. of 7-8-1980, § 8-2003)

Sec. 8-9. Nuisance animals.

(a) No person may have or keep within the town, after receiving the notice of removalprescribed in subsection (c) of this section, any animal that:

(1) Habitually or repeatedly, without provocation, chases, snaps at or attacks pedestrians,bicycles or vehicles, even if the animal never leaves its owner's property or does so onlyto transgress upon the adjacent right-of-way and then returns to its owner's property;

(2) Seriously interferes with the reasonable use and enjoyment of neighboring residents oftheir property because of its habitual barking, howling or whining;

(3) Destroys, causes damage to or otherwise interferes with property, whether real orpersonal, belonging to persons other than the owner of the animal or having custodyor being responsible for the control of the animal; or

(4) Without provocation and off the premises of the animal's owner, inflicts upon anyperson a serious injury requiring treatment by a physician, including but not limitedto a bite or scratch that breaks the skin.

§ 8-9ANIMALS

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(b) If any animal is reported to the public works director as being a nuisance as defined insubsection (a) of this section, the public works director shall investigate to determine whetherthe animal in question falls within such definition. If he finds that the animal is a nuisance heshall, in writing, inform the animal's owner of the nature of these violations and shall indicatethat unless these violations are corrected the owner shall be required to keep the animal underrestraint at all times or remove the animal from the town and shall be fined as provided for insection 8-2.

(c) If the public works director receives additional reports and/or determines that anyanimal cited for a violation of subsection (a) of this section, has, within 30 days after serviceof the notice prescribed in subsection (b) of this section caused a nuisance as described insubsection (a) of this section, the public works director shall, in writing, notify the animal'sowner that he is in violation of subsection (a) of this section and shall be immediately requiredto keep the animal under restraint at all times or remove the animal from the town and shallbe fined as provided for in section 8-2.

(d) In making any determination authorized by this section, the public works director mayact solely at his own initiative or upon receipt of a complaint, but in any case shall make asufficient investigation to ensure his determination is well-founded.(Ord. of 7-8-1980, § 8-2004)

Cross reference—Nuisances, § 16-61 et seq.

Sec. 8-10. Dogs running at large.

(a) Dogs at large. No person having custody of a dog or having responsibility for the controlof a dog shall permit such dog to run at large. A dog shall be deemed to be running at largeunless such dog is:

(1) Located upon the premises of its owner or the person responsible for its custody orcontrol; or

(2) Is securely attached to a leash held by its owner or the person responsible for itscustody or control.

(b) Seizure. Any dog running at large shall be subject to immediate seizure by the countydog warden, any assistant county dog warden, the public works director or his designee. Uponseizure, the dog shall be delivered to the county dog warden for impoundment and handling.

(c) Violations. A violation of subsection(a) of this section shall subject the violator to a civilpenalty in the nature of a debt. Subsection (b) of this section relates solely to the seizure,impoundment and handling of dogs found running at large and are not intended to mitigate orotherwise operate in lieu of the penalty under this subsection.(Ord. of 7-8-1980, § 8-2009)


CD8:6


Sec. 8-11. Care required.

No owner may fail to provide his animals with sufficient good and wholesome food andwater, proper shelter and protection from the weather and veterinary care when needed toprevent suffering.(Ord. of 7-8-1980, § 8-2010)

Sec. 8-12. Responsibility of persons injuring an animal.

Any person who, as the operator of a motor vehicle or bicycle, strikes and injures a domesticanimal shall stop at once and render such assistance as may be possible and shall immediatelyreport the incident to the animal's owner. If the owner cannot be ascertained or located withreasonable effort, the operator shall notify the public works director by contacting the policedepartment.(Ord. of 7-8-1980, § 8-2011)

Sec. 8-13. Vicious animals.

(a) In accordance with G.S. 130A-200, when an animal becomes vicious or a menace to thepublic health, the owner of such animal or person harboring such animal may not permit suchanimal to leave the premises on which it is kept unless on a leash in the care of a responsibleperson.

(b) Notwithstanding any sections of this chapter, section 16-1 is available to secure theimmediate removal from the town of any animal or condition that is found to be dangerous orprejudicial to the public health or safety.(Ord. of 7-8-1980, § 8-2006)

Sec. 8-14. Prohibition of certain animals.

No person may have or keep within the town any wild animal other than one classified asa wild animal by the state wildlife resources commission and for which a permit is obtainedfrom such commission.(Ord. of 7-8-1980, § 8-2005)

§ 8-14ANIMALS

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Chapter 9

RESERVED

CD9:1


Chapter 10

BUILDINGS AND BUILDING REGULATIONS*


Sec. 10-1. Fire limits.Secs. 10-2—10-30. Reserved.

Article II. Technical Codes

Sec. 10-31. Scope of chapter and codes.Sec. 10-32. Adoption of codes.Sec. 10-33. Amendments and supplements to regulatory codes.Sec. 10-34. Compliance with regulatory codes.Sec. 10-35. Copies of regulatory codes filed with clerk.Secs. 10-36—10-60. Reserved.

Article III. Inspection Department

Sec. 10-61. Building inspections and permits; zoning compliance certificates.Sec. 10-62. Organization of department.Sec. 10-63. Duties of inspection department.Sec. 10-64. Conflicts of interest.Sec. 10-65. Reports and records.Secs. 10-66—10-90. Reserved.

Article IV. Unsafe and Abandoned Structures

Sec. 10-91. Finding; intent.Sec. 10-92. Definitions.Sec. 10-93. Housing inspector/property maintenance inspector.Sec. 10-94. Standards for enforcement.Sec. 10-95. Procedure for enforcement.Sec. 10-96. Violation; penalty.Secs. 10-97—10-120. Reserved.

Article V. Minimum Housing Standards

Sec. 10-121. Finding; purpose.Sec. 10-122. Definitions.Sec. 10-123. Violations; penalty.Sec. 10-124. Standards of fitness for dwellings and dwelling units.Sec. 10-125. Structural condition.

*Cross references—Environment and health, ch. 16; fire prevention and protection, ch.18; floods, ch. 20; solid waste management, ch. 26; construction waste, § 26-5; streets,sidewalks, and other public places, ch. 28; subdivisions, ch. 30; utilities, ch. 34; zoning, ch. 38;area, height, and placement regulations, § 38-201 et seq.; nonconforming uses, § 38-281 et seq.

State law reference—Authority to regulate building inspection, G.S. 160A-411 et seq.

CD10:1


Sec. 10-126. Basic equipment and facilities.Sec. 10-127. Ventilation.Sec. 10-128. Space, use, and location.Sec. 10-129. Safe and sanitary maintenance.Sec. 10-130. Control of insects, rodents, and infestations.Sec. 10-131. Standards applicable to roominghouses; exceptions.Sec. 10-132. Responsibilities of owners and occupants.Sec. 10-133. Housing inspector/property maintenance inspector.Sec. 10-134. Inspections; duty of owners and occupants.Sec. 10-135. Procedure for enforcement.Sec. 10-136. Methods of service of complaints and orders.Sec. 10-137. In rem action by housing inspector/property maintenance inspector; placard-

ing.Sec. 10-138. Costs of repairs caused to be made by housing inspector/property maintenance

inspector to be a lien on premises.Sec. 10-139. Alternative remedies.Sec. 10-140. Zoning board of adjustments to hear appeals.Sec. 10-141. Conflict with other provisions.

TOWN OF AURORA CODE

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Sec. 10-1. Fire limits.

The primary fire limits of the town are Main Street from Third Street to Sixth Street.(Code 1979, § 3-2031)

State law reference—Establishment of fire limits, G.S. 160A-435.


ARTICLE II. TECHNICAL CODES*

Sec. 10-31. Scope of chapter and codes.

The provisions of this chapter and the regulatory codes adopted in section 10-32 shall applyto the following:

(1) The location, improvement, change, design, materials, equipment, construction, recon-struction, alteration, repair, maintenance, moving, demolition, removal, use, andoccupancy of every building or structure, or any appurtenances connected or attachedto the building or structure.

(2) The installation, erection, improvement, change, alteration, repair, use and mainte-nance of plumbing systems consisting of house sewers, building drains, waste and ventsystems, hot and cold water supply systems, and all fixtures and appurtenancesthereof.

(3) The installation, erection, improvement, change, alteration, repair, use and mainte-nance of mechanical systems consisting of heating, ventilating, air conditioning, andrefrigeration systems, fuel burning equipment, and appurtenances thereof.

(4) The installation, erection, improvement, change, alteration, repair, use and mainte-nance of electrical systems and appurtenances thereof.

(Ord. of 12-7-1998(1), § 9-2001)

Sec. 10-32. Adoption of codes.

(a) Building code adopted. The current edition of the North Carolina State Building Codevolume I, General Construction, as adopted by the North Carolina Building Code Council andas amended and supplemented, is hereby adopted by reference as fully as though set forth inthis section.

(b) Plumbing code adopted. The current edition of the North Carolina Plumbing Code(North Carolina State Building Code, volume II, Plumbing), as adopted by the North CarolinaBuilding Code Council and as amended and supplemented, is hereby adopted by reference asfully as though set forth in this section.

*State law reference—State building code, G.S. 143-138.

§ 10-32BUILDINGS AND BUILDING REGULATIONS

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(c) Mechanical code adopted. The current edition of the North Carolina Mechanical Code(North Carolina State Building Code, volume III, Heating), as adopted by the North CarolinaBuilding Code Council and as amended and supplemented, is hereby adopted by reference asfully as though set forth in this section.

(d) Electrical code adopted. The current edition of the North Carolina Electrical Code(North Carolina State Building Code, volume IV, Electrical), as adopted by the North CarolinaBuilding Code Council and as amended and supplemented, is hereby adopted by reference asfully as though set forth in this section.

(e) Residential building code adopted. The current edition of the North Carolina UniformResidential Building Code (North Carolina State Building Code, volume I-B, Residential), asadopted by the North Carolina Building Code Council and as amended and supplemented, ishereby adopted by reference as fully as though set forth in this section.(Ord. of 12-7-1998(1), §§ 9-2002—9-2006)

Sec. 10-33. Amendments and supplements to regulatory codes.

Amendments and supplements to the regulatory codes adopted by reference in section10-32, which are from time to time adopted, supplemented, and published by the agencies ororganizations referred to shall be effective in the town at the time the amendments are filedwith the town clerk or building inspector as provided in section 10-35.(Ord. of 12-7-1998(1), § 9-2007)

Sec. 10-34. Compliance with regulatory codes.

(a) Construction. All buildings or structures which are constructed, reconstructed, im-proved, changed, erected, altered, extended, enlarged, repaired, demolished, or moved shallconform to the requirements, minimum standards, and other provisions of either the NorthCarolina State Building Code, volume I, General Construction, or the North Carolina StateBuilding Code, volume I-B, Residential, as amended and supplemented, whichever is appli-cable, or of both if both are applicable.

(b) Plumbing. Every building or structure intended for human habitation, occupancy, or useshall have plumbing, plumbing systems, or plumbing fixtures installed, constructed, altered,extended, repaired, or reconstructed in accordance with the minimum standards, require-ments, and other provisions of the North Carolina Plumbing Code (North Carolina StateBuilding Code, volume II, Plumbing), as amended and supplemented.

(c) Mechanical systems. All mechanical systems consisting of heating, ventilating, airconditioning, and refrigeration systems, fuel burning equipment, and appurtenances shall beinstalled, erected, altered, repaired, used and maintained in accordance with the minimumstandards, requirements, and other provisions of the North Carolina Mechanical Code (NorthCarolina State Building Code, volume III, Mechanical) as amended and supplemented.


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(d) Electrical. All electrical wiring, installations and appurtenances shall be erected,altered, repaired, used, and maintained in accordance with the minimum standards, require-ments, and other provisions of the North Carolina Electrical Code (North Carolina StateBuilding Code, volume IV, Electrical) as amended and supplemented.(Ord. of 12-7-1998(1), § 9-2008)

Sec. 10-35. Copies of regulatory codes filed with clerk.

An official copy of each regulatory code adopted in section 10-32, and official copies of allamendments thereto, shall be kept on file in the office of the town clerk or county buildinginspector. These copies shall be the official copies of the codes, amendments and supplements.(Ord. of 12-7-1998(1), § 9-2009)


ARTICLE III. INSPECTION DEPARTMENT*

Sec. 10-61. Building inspections and permits; zoning compliance certificates.

Building inspections and permits are to be issued by the county. Zoning compliancecertificates are to be issued by the town.(Ord. of 12-7-1998(1), § 9-2021)

Sec. 10-62. Organization of department.

(a) The inspection department of the town shall consist of the housing inspector/propertymaintenance inspector, and may also include such inspectors or deputy or assistant inspectorsas may be authorized by the board of commissioners. The board may in its discretion designatea department head.

(b) The county is authorized to enforce the electrical, plumbing and building codes withinthe town limits.(Ord. of 12-7-1998(1), § 9-2021)

Sec. 10-63. Duties of inspection department.

(a) General duties. It shall be the duty of the inspection department to enforce all of thesections of this chapter and of the regulatory codes adopted in section 10-32, except asotherwise provided, and to make all inspections necessary to determine whether or not theprovisions of this chapter and the codes are being met.

*Cross reference—Departments, § 2-191 et seq.State law reference—Building inspection, G.S. 160A-411 et seq.


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(b) Condemnation, repair and demolition of unsafe buildings. The inspection departmentshall be charged with enforcing the provisions of G.S. 160A-426 through G.S. 160A-434,relating to the condemnation, repair and demolition of unsafe buildings, upon the direction ofthe board.

(c) Manufactured homes. The inspection department shall, upon the direction of the board,be responsible for enforcing the North Carolina Uniform Standards Code for ManufacturedHomes (G.S. 143-143.8 et seq.), including any design and construction standards incorporatedtherein by reference.

(d) Enforcement of zoning ordinance.

(1) If any inspection department is charged with enforcement of the zoning ordinance,then no permit for alteration, repair, or construction of any building or structure shallbe issued by the county unless the plans and specifications show that the building orstructure, and its proposed use, will be in compliance with applicable provisions of thetown zoning ordinance.

(2) If the inspection department is not charged with enforcement of the zoning ordinance,then no permit for alteration, repair, or construction of any building or structure shallbe issued until a zoning permit has first been issued by the appropriate official chargewith enforcement of the town zoning ordinance.

(Ord. of 12-7-1998(1), §§ 9-2022, 9-2061, 9-2081, 9-2071)State law reference—Duties of inspection department, G.S. 160A-412.

Sec. 10-64. Conflicts of interest.

No officer or employee of the inspection department shall be financially interested, directlyor indirectly, in furnishing of labor, material, or appliances for the construction, alteration, ormaintenance of a building or any part thereof, or in the making of plans or specificationstherefor, unless he is the owner of the building. No officer or employee of the inspectiondepartment shall engage in any work which is inconsistent with his duties or with theinterests of the town.(Ord. of 12-7-1998(1), § 9-2023)

State law reference—Similar provisions, G.S. 160A-415.

Sec. 10-65. Reports and records.

The inspection department, and each inspector, shall keep complete, permanent, andaccurate records in convenient written form of all applications received, permits issued,inspections and reinspections made, as well as all sanctions recommended/imposed, and allother work and activities of the inspection department. Periodic reports shall be submitted tothe board and to other agencies, as required.(Ord. of 12-7-1998(1), § 9-2024)

State law reference—Similar provisions, G.S. 160A-433.



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ARTICLE IV. UNSAFE AND ABANDONED STRUCTURES*

Sec. 10-91. Finding; intent.

(a) It is hereby found that there exist within the town abandoned structures which the townboard of commissioners finds to be hazardous to the health, safety and welfare of the residentsof the town due to:

(1) The attraction of insects or rodents;

(2) Conditions creating a fire hazard;

(3) Dangerous conditions constituting a threat to children; or

(4) Frequent use by vagrants as living quarters in the absence of sanitary facilities.

(b) Therefore, pursuant to the authority granted by G.S. 160A-441, as amended andsupplemented, it is the intent of this article to provide for the repair, closing or demolition ofany such abandoned structures in accordance with the same provisions and procedures as areset forth in sections 10-135 through 10-143 pertaining to establishing minimum housingstandards for the town for the repair, closing or demolition of dwellings unfit for humanhabitation.(Ord. of 12-7-1998(1), § 9-2091)


The same definitions contained in section 10-122, pertaining to minimum housing stan-dards, shall apply in the interpretation and enforcement of this article.(Ord. of 12-7-1998(1), § 9-2092)


Sec. 10-93. Housing inspector/property maintenance inspector.

(a) Duties. The housing inspector/property maintenance inspector is hereby designated asthe town officer to enforce this article. It shall be the duty of the housing inspector/propertymaintenance inspector to:

(1) Locate abandoned structures within the town and determine which structures are inviolation of this article;

(2) Take such action pursuant to this article as may be necessary to provide for the repair,closing or demolition of such structures;

(3) Keep an accurate record of all enforcement proceedings begun pursuant to theprovisions of this article; and

(4) Perform such other duties as may be prescribed in this article or assigned to him by thetown board of commissioners.

*Cross reference—Environment and health, ch. 16.State law reference—Condemnation of unsafe buildings, G.S. 160A-426 et seq.


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(b) Powers. The housing inspector/property maintenance inspector is authorized to exercisesuch powers as may be necessary to carry out the intent and the provisions of this article,including the following powers in addition to others granted in this chapter:

(1) To investigate the condition of buildings within the town in order to determine whichstructures are abandoned and in violation of this article;

(2) To enter upon premises for the purpose of making inspections;

(3) To administer oaths and affirmations, examine witnesses, and receive evidence; and

(4) To designate such other officers, agents and employees of the town as he deemsnecessary to carry out the provisions of this article.

(Ord. of 12-7-1998(1), §§ 9-2093, 9-2094)

Sec. 10-94. Standards for enforcement.

(a) Every abandoned structure within the town shall be deemed in violation of this articlewhenever such structure constitutes a hazard to the health, safety or welfare of the towncitizens as a result of:

(1) The attraction of insects or rodents;

(2) Conditions creating a fire hazard;

(3) Dangerous conditions constituting a threat to children; or

(4) Frequent use by vagrants as living quarters in the absence of sanitary facilities.

(b) In making the preliminary determination of whether or not an abandoned structure isin violation of this article, the housing inspector/property maintenance inspector may, by wayof illustration and not limitation, consider the presence or absence of the following conditions:

(1) Holes or cracks in the structure's floors, walls, ceilings or roof which might attract oradmit rodents and insects;

(2) The collection of garbage or rubbish in or near the structure, which might attractrodents and insects, or become breeding places for rodents and insects;

(3) Violations of the state building code, the state electrical code, the fire prevention code,or violations of article V of this chapter, which constitute a fire hazard in suchstructure;

(4) The collection of garbage, rubbish or combustible material which constitute a firehazard in such structure;

(5) The use of such structure or nearby grounds or facilities by children as a play area;

(6) Violations of article V of this chapter which might result in danger to children usingthe structure or nearby grounds or facilities as a play area; and

(7) Repeated use of such structure by transients and vagrants in the absence of sanitaryfacilities, for living, sleeping, cooking or eating.

(Ord. of 12-7-1998(1), § 9-2095)


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Sec. 10-95. Procedure for enforcement.

Whenever a written petition is filed with the housing inspector/property maintenanceinspector by a public authority or by at least five residents of the town charging that anyabandoned structure is in violation of this article, or whenever the inspector determines, uponinspection, that any abandoned structure is in violation of this article, he shall, by service ofa complaint and notice of hearing, initiate the same procedure for the enforcement as iscontained in section 10-135. In all relevant respects, the procedure for enforcement of thisarticle shall be identical to that contained in sections 10-135 through 10-140.(Ord. of 12-7-1998(1), § 9-2096)

Sec. 10-96. Violation; penalty.

(a) It shall be unlawful for the owner of any abandoned structure to fail, neglect or refuseto repair, alter or improve the abandoned structure, or to vacate, close and remove or demolishthe abandoned structure, upon order of the building inspector duly made and served, withinthe time specified in such order. Each day that any such failure, neglect or refusal to complywith such order continues shall constitute a separate and distinct offense.

(b) The violation of any provision of this article shall constitute a misdemeanor, as providedby G.S. 14-4.(Ord. of 12-7-1998(1), § 9-2097)


ARTICLE V. MINIMUM HOUSING STANDARDS*

Sec. 10-121. Finding; purpose.

(a) Pursuant to G.S. 160A-441, it is hereby found and declared that there exist in the towndwellings which are unfit for human habitation due to dilapidation defects increasing thehazards of fire, accidents and other calamities, lack of ventilation, light and sanitary facilities,and due to other conditions rendering such dwellings unsafe or unsanitary, and dangerous anddetrimental to the health, safety, and morals, and otherwise inimical to the welfare ofresidents of the town.

(b) In order to protect the health, safety and welfare of the residents of the town asauthorized by G.S. 160A-441 et seq., it is the purpose of this article to establish minimumstandards of fitness for the initial and continued occupancy of all buildings used for humanhabitation, as expressly authorized by G.S. 160A-444.(Ord. of 12-7-1998(1), § 9-2111)

*State law reference—Authority to establish minimum housing standards, G.S. 160A-441et seq.


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The following words, terms, and phrases, when used in this article, shall have the meaningsascribed to them in this section, except where the context clearly indicates a different meaning:

Basement means a portion of a building which is located partly underground, having directaccess to light and air from windows located above the level of the adjoining ground.

Cellar means a portion of a building located partly or wholly underground having aninadequate access to light and air from windows located partly or wholly below the level of theadjoining ground.

Deteriorated means that a dwelling is unfit for human habitation and can be repaired,altered, or improved to comply with all of the minimum standards established by this article,at a cost not in excess of 50 percent of its value, as determined by finding of the inspector.

Dilapidated means that a dwelling is unfit for human habitation and cannot be repaired,altered or improved to comply with all of the minimum standards established by this article ata cost not in excess of 50 percent of its value, as determined by finding of the inspector.

Dwelling means any building which is wholly or partly used or intended to be used for livingor sleeping by human occupants; provided that temporary housing as defined in this sectionshall not be regarded as a dwelling.

Dwelling unit means any room or group located within a dwelling and forming a singlehabitable unit with facilities which are used or intended to be used for living, sleeping, cookingand eating.

Extermination means the control and elimination of insects, rodents or other pests byeliminating their harborage places; by removing or making inaccessible materials that mayserve as their food; by poisoning, spraying, fumigating, trapping or by any other recognizedand legal pest elimination methods approved by the inspector.

Garbage means the animal and vegetable waste resulting from the handling, preparation,cooking and consumption of food.

Habitable room means a room or enclosed floor space used or intended to be used for living,sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments,laundries, heater rooms, foyers, or communicating corridors, closets and storage spaces.

Infestation means the presence, within or around a dwelling, of any insects, rodents or otherpests in such number as to constitute a menace to the health, safety or welfare of the occupantsor the public.

Inspector means the housing inspector/property maintenance inspector of the town or anyagent of the inspector who is authorized by the inspector.

Multiple dwelling means any dwelling containing more than two dwelling units.

Occupant means any person over one year of age, living, sleeping, cooking or eating in, orhaving actual possession of a dwelling unit or rooming unit.


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Operator means any person who has charge, care or control of a building, or part thereof, inwhich dwelling units or rooming units are let.

Owner means any person who alone, or jointly, or severally with others:

(1) Shall have title to any dwelling or dwelling unit, with or without accompanying actualpossession thereof; or

(2) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agentof the owner, or as executor, administrator, trustee or guardian of the estate of theowner. Any such person thus representing the actual owner shall be bound to complywith the provisions of this article, and of rules and regulations adopted pursuantthereto, to the same extent as if he were the owner.

Plumbing means and includes all of the following supplied facilities and equipment: gaspipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanicalsink grinder), waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs,shower baths, installed clothes washing machines, catchbasins, drains, vents and any othersimilar supplied fixtures, together with all connections to water, sewer or gas lines.

Public authority means the town housing authority or any officer who is in charge of anydepartment or branch of the government of the town or of the county or of the state relatingto health, fire, building regulations or other activities concerning dwellings in the town.

Rooming unit means any room or group of rooms forming a single habitable unit used orintended to be used for living and sleeping, but not for cooking or eating purposes.

Roominghouse means any dwelling, or that part of any dwelling containing one or morerooming units, which is let by the owner or operator to three or more persons who are nothusband and wife, son or daughter, mother or father or sister or brother of the owner oroperator.

Rubbish means combustible and noncombustible waste materials, except garbage andashes, and the term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather,tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dust.

Supplied means paid for, furnished, or provided by, or under the control of, the owner oroperator.

Temporary housing means any tent, trailer or other structure used for human shelter whichis designed to be transportable and which is not attached to the ground, to another structure,or to any utilities system on the same premises for more than 30 consecutive days.

Unfit for human habitation means that conditions exist in a dwelling which violate or do notcomply with one or more of the minimum standards of fitness or one or more of therequirements established by this article.


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Meaning of certain words. Whenever the words "dwelling, dwelling unit, roominghouse,rooming unit, or premises" are used in this article, they shall be construed as though they werefollowed by the words "or any part thereof."(Ord. of 12-7-1998(1), § 9-2112)


Sec. 10-123. Violations; penalty.

(a) It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, orrefuse to repair, alter, or improve the dwelling or dwelling unit, or to vacate and close andremove or demolish the dwelling or dwelling unit, upon order of the inspector duly made andserved as provided in this article, within the time specified in such order, and each day thatany such failure, neglect, or refusal to comply with such order continues shall constitute aseparate and distinct offense. It shall be unlawful for the owner of any dwelling or dwellingunit, with respect to which an order has been issued pursuant to section 10-135, to occupy orpermit the occupancy of the dwelling or dwelling unit after the time prescribed in such orderfor its repair, alteration or improvement or its vacation and closing, and each day that suchoccupancy continues after such prescribed time shall constitute a separate and distinctoffense.

(b) The violation of any provision of this article shall constitute a misdemeanor, as providedby G.S. 14-4.(Ord. of 12-7-1998(1), § 9-2132)

Sec. 10-124. Standards of fitness for dwellings and dwelling units.

Every dwelling and dwelling unit used as a human habitation, or held out for use as ahuman habitation, shall comply with all of the minimum standards of fitness for humanhabitation and all of the requirements of sections 10-125 through 10-130. No person shalloccupy as owner-occupant, or let to another for occupancy or use as a human habitation, anydwelling or dwelling unit which does not comply with all of the minimum standards of fitnessfor human habitation and all of the requirements of sections 10-125 through 10-130.(Ord. of 12-7-1998(1), § 9-2113)

Sec. 10-125. Structural condition.

(a) Walls or partitions or supporting members, sills, joists, rafters or other structuralmembers shall not list, lean or buckle, and shall not be rotted, deteriorated, or damaged, andshall not have holes or cracks which might admit rodents.

(b) Floors or roofs shall have adequate supporting members and strength to be reasonablysafe for the purpose used.

(c) Foundations, foundation walls, piers or other foundation supports shall not be deterio-rated or damaged.


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(d) Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained insuch condition that they will not fail or collapse.

(e) Adequate facilities for egress in case of fire or panic shall be provided.

(f) Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitablematerials, which will, by use of reasonable household methods promote sanitation andcleanliness, and shall be maintained in such a manner so as to enable the occupants tomaintain reasonable privacy between various spaces.

(g) The roof, flashings, exterior walls, basement walls, floors, and all doors and windowsexposed to the weather shall be constructed and maintained so as to be weather andwatertight.

(h) There shall be no chimneys or parts thereof which are defective, deteriorated or indanger of falling, or in such condition or location as to constitute a fire hazard.

(i) There shall be no use of the ground for floors, or wood floors on the ground.(Ord. of 12-7-1998(1), § 9-2114)

Sec. 10-126. Basic equipment and facilities.

(a) Plumbing system.

(1) Each dwelling unit shall be connected to a potable water supply and to the public seweror other approved sewage disposal system.

(2) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower,water closet, and adequate supply of both cold water and hot water. All water shall besupplied through an approved pipe distribution system connected to a potable watersupply.

(3) All plumbing fixtures shall meet the standards of the town plumbing code and shall bemaintained in a state of good repair and in good working order.

(4) All required plumbing fixtures shall be located within the dwelling unit and beaccessible to the occupants of such dwelling unit. The water closet and tub or showershall be located in a room affording privacy to the user.

(b) Heating system. Every dwelling and dwelling unit shall have facilities for providing heatin accordance with either subsection (1) or (2) of this section.

(1) Central and electric heating systems. Every central or electric heating system shall beof sufficient capacity so as to heat all habitable rooms, bathrooms and water closetcompartments in every dwelling unit to which it is connected with a minimumtemperature of 70 degrees Fahrenheit measured at a point three feet above the floorduring ordinary winter conditions.

(2) Other heating facilities. Where a central or electric heating system is not provided,each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys,


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flues or gas vents whereby heating appliances may be connected so as to heat allhabitable rooms a minimum temperature of 70 degrees Fahrenheit measured threefeet above the floor during ordinary winter conditions.

(c) Electrical system.

(1) Every dwelling and dwelling unit shall be wired for electric lights and conveniencereceptacles. Every habitable room shall contain at least two floor or wall type electricconvenience receptacles, connected in such manner as determined by the town electriccode. There shall be installed in every bathroom, water closet room, laundry room andfurnace room at least one supplied ceiling, or wall type electric fixture. If wall or ceilinglight fixtures are not provided in any habitable room, then each such habitable roomshall contain at least three floor or wall type electric convenience receptacles.

(2) Every public hall and stairway in every multiple dwelling shall be adequately lightedby electric lights at all times when natural daylight is not sufficient.

(3) All fixtures, receptacles, equipment and wiring shall be maintained in a state of goodrepair, safe, capable of being used, and installed in accordance with the state electricalcode (North Carolina State Building Code, volume IV, Electrical).

(Ord. of 12-7-1998(1), § 9-2115)

Sec. 10-127. Ventilation.

(a) Generally. Every habitable room shall have at least one window or skylight facingdirectly to the outdoors. The minimum total window area, measured between stops, for everyhabitable room shall be ten percent of the floor area of such room. Whenever walls or otherportions of structures face a window or any room and such light-obstructing structures arelocated less than five feet from the window and extend to a level above that of the ceiling of theroom, such a window shall not be deemed to face directly to the outdoors and shall not beincluded as contributing to the required minimum total window area. Whenever the onlywindow in a room is a skylight type window in the top of such room, the total window area ofsuch skylight shall equal at least 15 percent of the total floor area of such room.

(b) Habitable rooms. Every habitable room shall have at least one window or skylight whichcan easily be opened, or such other device as will adequately ventilate the room. The totalopenable window area in every habitable room shall be equal to at least 45 percent of theminimum window area size or minimum skylight type window size as required, or shall haveother approved, equivalent ventilation.

(c) Bathroom and water closet rooms. Every bathroom and water closet compartment shallcomply with the light and ventilation requirements for habitable rooms except that no windowor skylight shall be required in adequately ventilated bathrooms and water closet roomsequipped with an approved ventilation system.(Ord. of 12-7-1998(1), § 9-2116)


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Sec. 10-128. Space, use, and location.

(a) Room sizes. Every dwelling unit shall contain at least the minimum room size in eachhabitable room as required by the state residential building code (North Carolina StateBuilding Code, volume I-B, Residential). Every dwelling unit shall contain at least 150 squarefeet of habitable floor area for the first occupant, at least 100 square feet of additionalhabitable area for each of the next three occupants, and at least 75 square feet of additionalhabitable floor area for each additional occupant. In every dwelling unit and in every roomingunit, every room occupied for sleeping purposes by one occupant shall contain at least 70square feet of floor area, and every room occupied for sleeping purposes by more than oneoccupant shall contain at least 50 square feet of floor area for each occupant 12 years of age andover and at least 35 square feet of floor area for each occupant under 12 years of age.

(b) Ceiling height. At least one-half of the floor area of every habitable room shall have aceiling height of not less than seven feet and six inches.

(c) Floor area calculation. Floor area shall be calculated on the basis of habitable room area.However, closet area and wall area within the dwelling unit may count for not more than tenpercent of the required habitable floor area. The floor area of any part of any room where theceiling height is less than 41/2 feet shall not be considered as part of the floor area computingthe total area of the room to determine maximum permissible occupancy.

(d) Cellar. No cellar shall be used for living purposes.

(e) Basements. No basement shall be used for living purposes unless:

(1) The floor and walls are substantially watertight;

(2) The total window area, total openable window area, and ceiling height are equal tothose required for habitable rooms;

(3) The required minimum window area of every habitable room is entirely above thegrade adjoining such window area, except where the windows face a stairwell, windowwell, or accessway.

(Ord. of 12-7-1998(1), § 9-2117)

Sec. 10-129. Safe and sanitary maintenance.

(a) Exterior foundation, walls and roofs. Every foundation wall, exterior wall, and exteriorroof shall be substantially weathertight and rodentproof, shall be kept in sound condition andgood repair; shall be capable of affording privacy; shall be safe to use and capable of supportingthe load which normal use may cause to be placed thereon. Every exterior wall shall beprotected with paint or other protective covering to prevent the entrance or penetration ofmoisture or the weather.

(b) Interior floors, walls, and ceilings. Every floor, interior wall, and ceiling shall besubstantially rodentproof; shall be kept in sound condition and good repair; and shall be safeto use and capable of supporting the load which normal use may cause to be placed thereon.


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(c) Windows and doors. Every window, exterior door, basement or cellar door, and hatchwayshall be substantially weather-tight, watertight, and rodentproof; and shall be kept in soundworking condition and good repair.

(d) Stairs, porches, and appurtenances. Every outside and inside stair, porch, and anyappurtenance thereto shall be safe to use and capable of supporting the load that normal usemay cause to be placed thereon; and shall be kept in sound condition and good repair.

(e) Bathroom floors. Every bathroom floor surface and water closet compartment floorsurface shall be constructed and maintained so as to be reasonably impervious to water and soas to permit such floor to be easily kept in a clean and sanitary condition.

(f) Supplied facilities. Every supplied facility, piece of equipment, or utility which isrequired under this article shall be so constructed or installed that it will function safely andeffectively, and shall be maintained in satisfactory working condition.

(g) Drainage. Every yard shall be properly graded so as to obtain thorough drainage and soas to prevent the accumulation of stagnant water.

(h) Noxious weeds. Every yard and all exterior property areas shall be kept free of speciesof weeds or plant growth which are noxious or detrimental to health.

(i) Egress. Every dwelling unit shall be provided with adequate means of egress as requiredby the state residential building code (North Carolina State Building Code, volume 1-B,Residential).(Ord. of 12-7-1998(1), § 9-2118)

Sec. 10-130. Control of insects, rodents, and infestations.

(a) Screens. In every dwelling unit, for protection against mosquitoes, flies, and otherinsects, every door opening directly from a dwelling unit to outdoor space shall have suppliedand installed screens and a self-closing device; and every window or other device with openingsto outdoor space, used or intended to be used for ventilation, shall likewise be supplied withscreens installed.

(b) Rodent control. Every basement or cellar window used or intended to be used forventilation, and every other opening to a basement which might provide an entry for rodents,shall be supplied with screens installed or such other approved device as will effectivelyprevent their entrance.

(c) Infestation. Every occupant of a dwelling containing a single dwelling unit shall beresponsible for the extermination of any insects, rodents, or other pests therein or on thepremises; and every occupant of a dwelling unit in a dwelling containing more than onedwelling unit shall be responsible for such extermination whenever his dwelling unit is theonly one infested. Whenever infestation is caused by failure of the owner to maintain adwelling in a rodentproof or reasonably insectproof condition, extermination shall be the


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responsibility of the owner. Whenever infestation exists in two or more of the dwelling units inany dwelling or in the shared or public parts of any dwelling containing two or more dwellingunits, extermination shall be the responsibility of the owner.

(d) Rubbish storage and disposal. Every dwelling and every dwelling unit shall be suppliedwith approved containers and covers for storage of rubbish as required by town ordinances,and the owner, operator or agent in control of such dwelling or dwelling unit shall beresponsible for the removal of rubbish.

(e) Garbage storage and disposal. Every dwelling and every dwelling unit shall be suppliedwith an approved garbage disposal facility, which may be an adequate mechanical garbagedisposal unit (mechanical sink grinder) in each dwelling unit or an incinerator unit, to beapproved by the inspector, in the structure for the use of the occupants of each dwelling unit,or an approved outside garbage can as required by town ordinances.(Ord. of 12-7-1998(1), § 9-2119)

Sec. 10-131. Standards applicable to roominghouses; exceptions.

All of the sections within this article, and all of the minimum standards and requirementsof this article, shall be applicable to roominghouses, and to every person who operates aroominghouse, or who occupies or lets to another for occupancy any rooming unit in anyroominghouse, except as provided in the following subsections:

(1) Water closet, hand lavatory, and bath facilities. At least one water closet, lavatorybasin, and bathtub or shower, properly connected to an approved water and sewersystem and in good working condition, shall be supplied for each four rooms within aroominghouse wherever such facilities are shared. All such facilities shall be locatedwithin the resident building served and shall be directly accessible from a common hallor passageway and shall be not more than one story removed from any of the personssharing such facilities. Every lavatory basin and bathtub or shower shall be suppliedwith hot and cold water at all times. Such required facilities shall not be located in acellar.

(2) Minimum floor area for sleeping purposes. Every room occupied for sleeping purposesby one occupant shall contain at least 70 square feet of floor area, and every roomoccupied for sleeping purposes by more than one occupant shall contain at least 50square feet of floor area for each occupant 12 years of age and over and at least 35square feet of floor area for each occupant under 12 years of age.

(3) Sanitary conditions. The operator of every roominghouse shall be responsible for thesanitary maintenance of all walls, floors, and ceilings, and for the sanitary mainte-nance of every other part of the roominghouse; and he shall be further responsible forthe sanitary maintenance of the entire premises where the entire structure or buildingwithin which the roominghouse is contained is leased or occupied by the operator.

(4) Sanitary facilities. Every water closet, flush urinal, lavatory basin, and bathtub orshower required by subsection (2) of this section shall be located within the roominghouse


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and within rooms which afford privacy and are separate from the habitable rooms, andwhich are accessible from a common hall and without going outside the roominghouseor through any other room therein.

(Ord. of 12-7-1998(1), § 9-2120)

Sec. 10-132. Responsibilities of owners and occupants.

(a) Public areas. Every owner of a dwelling containing two or more dwelling units shall beresponsible for maintaining in a clean and sanitary condition the shared or public areas of thedwelling and premises thereof.

(b) Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean andsanitary condition that part of the dwelling, dwelling unit, and premises thereof which heoccupies and controls.

(c) Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose of allhis rubbish and garbage in a clean and sanitary manner by placing it in the supplied storagefacilities. In all cases the owner shall be responsible for the availability of rubbish and garbagestorage facilities.

(d) Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all suppliedplumbing fixtures therein in a clean and sanitary condition and shall be responsible for theexercise of reasonable care in the proper use and operation of such fixtures.

(e) Care of facilities, equipment and structure. No occupant shall willfully destroy, deface, orimpair any of the facilities or equipment, or any part of the structure of a dwelling or dwellingunit.(Ord. of 12-7-1998(1), § 9-2121)

Sec. 10-133. Housing inspector/property maintenance inspector.

(a) Duties. The housing inspector/property maintenance inspector is hereby designated asthe officer to enforce the provisions of this article and to exercise the duties and powersprescribed in this section. It shall be the duty of the housing inspector/property maintenanceinspector to:

(1) Investigate the dwelling conditions, and to inspect dwellings and dwelling unitslocated in the town, in order to determine which dwellings and dwelling units are unfitfor human habitation, and for the purpose of carrying out the objectives of this articlewith respect to such dwellings and dwelling units;

(2) Take such action, together with other appropriate departments and agencies, publicand private, as may be necessary to effect rehabilitation of housing which isdeteriorated;

(3) Keep a record of the results of inspections made under this article and an inventory ofthose dwellings that do not meet the minimum standards of fitness prescribed in thisarticle; and


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(4) Perform such other duties as may be prescribed in this section.

(b) Powers. The housing inspector/property maintenance inspector is authorized to exercisesuch powers as may be necessary or convenient to carry out and effectuate the purpose andprovisions of this article, including the following powers in addition to others granted in thischapter:

(1) To investigate the dwelling conditions in the town in order to determine whichdwellings therein are unfit for human habitation;

(2) To administer oaths and affirmations, examine witnesses and receive evidence;

(3) To enter upon premises for the purpose of making examinations and inspections;provided, such entries shall be made in accordance with law and in such manner as tocause the least possible inconvenience to the person in possession; and

(4) To appoint and fix the duties of such officers, agents, and employees as he deemsnecessary to carry out the purposes of this article.

(Ord. of 12-7-1998(1), §§ 9-2122, 9-2123)

Sec. 10-134. Inspections; duty of owners and occupants.

For the purpose of making inspections, the housing inspector/property maintenanceinspector is hereby authorized to enter, examine, and survey at all reasonable times alldwellings, dwelling units, rooming units and premises. The owner or occupant of everydwelling, dwelling unit, or rooming unit, or the person in charge thereof, shall give the housinginspector/property maintenance inspector free access to such dwelling, dwelling unit, orrooming unit, and its premises at all reasonable times for the purposes of such inspection,examination, and survey. Every occupant of a dwelling or dwelling unit shall give the ownerthereof, or his agent or employee, access to any part of such dwelling or dwelling unit, and itspremises, at all reasonable times for the purpose of making such repairs or alterations as arenecessary to effect compliance with the provisions of this article or with any lawful orderissued pursuant to the provisions of this article.(Ord. of 12-7-1998(1), § 9-2124)

Sec. 10-135. Procedure for enforcement.

(a) Preliminary investigation; notice, hearing. Whenever a petition is filed with the housinginspector/property maintenance inspector by a public authority or by at least five residents ofthe town charging that any dwelling or dwelling unit is unfit for human habitation, orwhenever it appears to the inspector, upon inspection, that any dwelling or dwelling unit isunfit for human habitation, he shall, if his preliminary investigation discloses a basis for suchcharges, issue and cause to be served upon the owner of and parties in interest in such dwellingor dwelling unit a complaint stating the charges and containing a notice that a hearing will beheld before the inspector at a place thereafter the serving of the complaint. The owner or anyparty in interest shall have the right to file an answer to the complaint and to appear inperson, or otherwise, and give testimony at the place and time fixed in the complaint. Notice


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of such hearing shall also be given to at least one of the persons signing a petition relating tosuch dwelling. Any person desiring to do so may attend such hearing and give evidencerelevant to the matter being heard. The rules of evidence prevailing in courts of law or equityshall not be controlling in hearings before the inspector.

(b) Procedure after hearing. After such notice and hearing, the housing inspector/propertymaintenance inspector shall state in writing his determination whether such dwelling ordwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.

(1) Deteriorated dwelling or dwelling unit. If the housing inspector/property maintenanceinspector determines that the dwelling or dwelling unit is deteriorated, he shall statein writing his findings of fact in support of such determination, and shall issue andcause to be served upon the owner thereof an order directing and requiring the ownerto repair, alter, and improve such dwelling or dwelling unit to comply with theminimum standards of fitness established by this article within a specified period oftime, not to exceed 90 days. Such order may also direct and require the owner to vacateand close such dwelling or dwelling unit until such repairs, alterations, and improve-ments have been made.

(2) Dilapidated dwelling or dwelling unit. If the housing inspector/property maintenanceinspector determines that the dwelling is dilapidated, he shall state in writing hisfindings of fact to support such determination, and shall issue and cause to be servedupon the owner thereof an order directing and requiring the owner to either repair,alter and improve such dwelling or dwelling unit to comply with the minimumstandards of fitness established by this article, or else vacate and remove or demolishthe dwelling or dwelling unit within a specified period of time.

(c) Failure to comply with order.

(1) In personam remedy. If the owner of any deteriorated dwelling or dwelling unit shallfail to comply with an order of the housing inspector/property maintenance inspectorto repair, alter, or improve the dwelling or dwelling unit within the time specified insuch order, or if the owner of a dilapidated dwelling shall fail to comply with an orderof the inspector to vacate and close, and remove or demolish the dwelling or dwellingunit within the time specified in such order, the inspector shall submit to the board ofcommissioners at its next regular meeting a resolution directing the town attorney topetition the superior court for an order directing such owner to comply with the orderof the inspector, as authorized by G.S. 160A-446(g).

(2) In rem remedy. After failure of an owner of a deteriorated dwelling or dwelling unit, orof a dilapidated dwelling, to comply with an order of the housing inspector/propertymaintenance inspector within the time specified within such order, if injunctive reliefhas not been sought or has not been granted as provided in the subsection (a) of thissection, the inspector shall submit to the board of commissioners an ordinanceordering the inspector to cause such dwelling or dwelling unit to be repaired, altered,


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improved, or vacated and closed and removed or demolished, as provided in theoriginal order of the inspector, and pending such removal or demolition, to placardsuch dwelling as provided by G.S. 160A-443 and section 10-140.

(d) Appeals from orders of housing inspector/property maintenance inspector.

(1) Grievance. An appeal from any decision or order of the housing inspector/propertymaintenance inspector may be taken by any person aggrieved thereby. Any appealfrom the inspector shall be taken within ten days from the rendering of the decision orservice of the order, and shall be taken by filing with the inspector and with the zoningboard of adjustment, a notice of appeal which shall specify the grounds upon which theappeal is based. Upon the filing of any notice of appeal, the inspector shall forthwithtransmit to the board all the papers constituting the record upon which the decisionappealed from was made. When appeal is from a decision of the inspector refusing toallow the person aggrieved thereby to do any act, his decision shall remain in forceuntil modified or reversed. When any appeal is from a decision of the inspectorrequiring the person aggrieved to do any act, the appeal shall have the effect ofsuspending the requirement until the hearing by the board, unless the inspectorcertifies to the board, after the notice of appeal is filed with him, that by reason of thefacts stated in the certificate, a copy of which shall be furnished to the appellant, asuspension of his requirement would cause imminent peril to life or property, in whichcase the requirement shall not be suspended except by a restraining order, which maybe granted for due cause shown upon not less than one day's written notice to theinspector, by the board, or by a court of record upon petition made pursuant to G.S.160A-446(f) and subsection (e) of this section.

(2) Hearing. The zoning board of adjustments shall fix a reasonable time for the hearingof all appeals, shall give due notice to all the parties, and shall render its decisionwithin a reasonable time. Any party may appear in person or by agent or attorney. Theboard may reverse or affirm, wholly or partly, or may modify the decision or orderappealed from, and may make such decision and order as in its opinion ought to bemade in the matter, and to that end it shall have all the powers of the housinginspector/property maintenance inspector, but the concurring vote of four members ofthe board shall be necessary to reverse or modify any decision or order of the housinginspector/property maintenance inspector. The board shall have power also in passingupon appeals, in any case where there are practical difficulties or unnecessaryhardships in the way of carrying out the strict letter of this article, to adapt theapplication of this article to the necessities of the case to the end that the spirit of thisarticle shall be observed, public safety and welfare secured, and substantial justicedone. Every decision of the board shall be subject to review by proceedings in thenature of certiorari instituted within 15 days of the decision of the board, but nototherwise.


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(e) Petition to superior court by owner. Any person aggrieved by an order issued by theinspector or a decision rendered by the zoning board of adjustments shall have the right,within 30 days after issuance of the order or rendering of the decision, to petition the superiorcourt for a temporary injunction restraining the inspector pending a final disposition of thecause, as provided by G.S. 160A-446(f).(Ord. of 12-7-1998(1), § 9-2125)

Sec. 10-136. Methods of service of complaints and orders.

Complaints or orders issued by the housing inspector/property maintenance inspector shallbe served upon persons either personally or by registered or certified mail, but if thewhereabouts of such persons are unknown and cannot be ascertained by the inspector in theexercise of reasonable diligence, the inspector shall make an affidavit to that effect, and theserving of such complaint or order upon such person may be made by publishing the complaintor order once each week for two consecutive weeks in a newspaper circulating in the town.Where service is made by publication, a notice of the pending proceedings shall be posted in aconspicuous place on the premises affected by the complaint or order.(Ord. of 12-7-1998(1), § 9-2126)

Sec. 10-137. In rem action by housing inspector/property maintenance inspector;placarding.

(a) After failure of an owner of a dwelling or dwelling unit to comply with an order of theinspector issued pursuant to the provisions of this article, and upon adoption by the board ofcommissioners of an ordinance authorizing and directing him to do so, as provided by G.S.160A-443(5) and section 10-138, the inspector shall proceed to cause such dwelling or dwellingunit to be repaired, altered, or improved to comply with the minimum standards of fitnessestablished by this article, or to be vacated and closed and removed or demolished, as directedby the ordinance of the board of commissioners and shall cause to be posted on the mainentrance of such dwelling or dwelling unit a placard with the following words: "This buildingis unfit for human habitation; the use or occupation of this building for human habitation isprohibited and unlawful." Occupation of a building so posted shall constitute a misdemeanor.

(b) Each such ordinance shall be recorded in the office of the register of deeds in the countywherein the property is located, and shall be indexed in the name of the property owner in thegrantor index, as provided by G.S. 160A-443(5).(Ord. of 12-7-1998(1), § 9-2127)

Sec. 10-138. Costs of repairs caused to be made by housing inspector/propertymaintenance inspector to be a lien on premises.

As provided by G.S. 160A-443(6), the amount of the cost of any repairs, alterations, orimprovements, or vacating and closing, or removal or demolition, caused to be made or done bythe housing inspector/property maintenance inspector pursuant to section 10-137 shall be a


CD10:22


lien against the real property upon which such cost was incurred. Such lien shall be filed, havethe same priority, and be enforced and the costs collected as provided by G.S. 160A-216 et seq.(Ord. of 12-7-1998(1), § 9-2128)

Sec. 10-139. Alternative remedies.

This article shall not be construed to impair or limit in any way the power of the town todefine and declare nuisances and to cause their abatement by summary action or otherwise,or to enforce this article by criminal process as authorized by G.S. 14-4 and section 10-141, andthe enforcement of any remedy provided in this article shall not prevent the enforcement ofany other remedy provided in this article or in other ordinances or laws.(Ord. of 12-7-1998(1), § 9-2129)

Sec. 10-140. Zoning board of adjustments to hear appeals.

All appeals which may be taken from decisions or orders of the housing inspector/propertymaintenance inspector pursuant to section 10-135 shall be heard and determined by thezoning board of adjustments. As the appeals body, the board shall have the power to fix thetimes and places of its meetings, to adopt necessary rules of procedure and any other rules andregulations which may be necessary for the proper discharge of its duties. The board shallperform the duties prescribed by section 10-135 and shall keep an accurate journal of all itsproceedings.(Ord. of 12-7-1998(1), § 9-2130)

Sec. 10-141. Conflict with other provisions.

If any section, standard, or requirement of this article is found to be in conflict with anyprovision of any other ordinance or section of this Code, the provision which establishes thehigher standard or more stringent requirement for the promotion and protection of the healthand safety of the residents of the town shall prevail.(Ord. of 12-7-1998(1), § 9-2131)

State law reference—Similar provisions, G.S. 160A-390 et seq.


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Chapter 11

RESERVED

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Chapter 12

BUSINESSES*


Sec. 12-1. General prohibition of business activity on Sunday.Secs. 12-2—12-30. Reserved.

Article II. Reserved


Article III. Peddlers and Solicitors

Sec. 12-91. Definitions.Sec. 12-92. Registration.Sec. 12-93. Door-to-door activities prohibited.

*Cross references—Alcoholic beverages, ch. 4; amusements and entertainments, ch. 6.State law reference—Regulating businesses, G.S. 160A-194.

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Sec. 12-1. General prohibition of business activity on Sunday.

(a) Unlawful conduct. It shall be unlawful to engage in or carry on any business or

commercial activity within the town between 12:00 midnight on any Saturday and 12:00

midnight on any Sunday, except as provided by subsection (b) of this section.

(b) Exceptions.

(1) The following businesses and commercial activities shall be permitted on any

Sunday excluding the hours of 10:00 a.m. to 12:00 noon:

a. The operation of dairy bars, soda fountains, service stations, theaters, athletic

parks and grounds, and swimming pools;

b. The providing of public utility, public transportation, and funeral services;

c. The production, distribution, and sale of newspapers, books, periodicals, and

mail;

d. The dispensation of services or merchandise by means of automatic coin-

operated vending or service machines.

(2) Restaurants, drug-stores, hotels, motels, boardinghouses, tourist homes and florist

shops shall be accepted from 10:00 a.m. to 12:00 noon closing on Sundays.

(3) Only those businesses located on the Highway 33 bypass within the town limits may

be open during the hours of 10:00 a.m. and 12:00 noon on any Sunday. All other

businesses within the town limits must remain closed during these hours, except as

otherwise provided.

(Code 1979, §§ 6-1081, 6-1082; Ord. of 6-2-1986; Ord. of 5-1-1989)

State law reference—Limits on Sunday-closing ordinances, G.S. 160A-191.


ARTICLE II. RESERVED*


*Editor’s note—Due to the repeal of state statutes allowing for privilege license taxes,art. II, §§ 12-31—12-90, which derived from ordinances adopted July 10, 2000; and August7, 2000, has been deleted per town's instructions.

§ 12-90BUSINESSES

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ARTICLE III. PEDDLERS AND SOLICITORS*


The following words, terms, and phrases, when used in this article, shall have the

meanings ascribed to them in this section, except where the context clearly indicates a

different meaning:

Peddler means any person who transports goods from place to place and sells or offers for

sale the goods, or who, without travelling from place to place, sells or offers for sale any goods

from any vehicle or device; provided, that any person who separates the acts of sale and

delivery for the purpose of evading the provisions of this article shall be deemed a peddler.

Solicitor means any person who travels from place to place taking or offering to take

orders for the sale of goods for future delivery or for personal services to be performed in the

future, whether or not samples are displayed or money is collected in advance, and any

person who uses or occupies any building or premises for the sole purpose of taking or

offering to take orders for the sale of goods for future delivery or for personal services to be

performed in the future, whether or not samples are displayed or money is collected in

advance.

Transient vendor means any person who engages in a temporary business of selling and

delivering goods and who, for this purpose, uses or occupies any building or premises;

provided, that no person shall be relieved from complying with the provisions of this article

merely by conducting a transient business in association with any permanently established

merchant.

(Code 1979, § 6-1061)


Sec. 12-92. Registration.

Each and every person doing business in the town as a peddler, solicitor or transient

vendor shall file with the town clerk, on a form to be provided for the purpose, a statement

setting forth the following information:

(1) Name and address of individual filing statement;

(2) Name and address of principal or employer if the individual is an agent or employee;

(3) Credentials showing relationship of the agent or employee;

(4) Description of the individual filing the statement including height, weight, sex, age,

color and distinguishing characteristics, if any;

(5) The goods to be sold or offered for sale, or the type of services to be rendered;

(6) The period of time during which the business will be carried on in the town; and

*Cross reference—Streets, sidewalks, and other public places, ch. 28.State law reference—Regulation of solicitation and itinerant merchants authorized,

G.S. 160A-178.


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(7) Description of the automobile or other vehicle to be used in the business, including

the make, model, body, style, color and license number.

(Code 1979, § 6-1062)

Sec. 12-93. Door-to-door activities prohibited.

It shall be unlawful for any peddler, solicitor, or transient vendor or other seller of

merchandise to go in, or upon, private residences or the premises thereof, unless they have

been requested or invited to do so by the owner or occupant of private residences in the town,

for the purpose of advertising, peddling, or selling merchandise.

(Code 1979, § 6-1063)

§ 12-93BUSINESSES

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Chapter 13

RESERVED

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Chapter 14

CIVIL EMERGENCIES*



Article II. State of Emergency

Sec. 14-31. State of emergency.

*Cross references—Administration, ch. 2; fire prevention and protection, ch. 18; floods,ch. 20; law enforcement, ch. 22.

State law references—North Carolina Emergency Management Act of 1977, G.S. 166A-1et seq.; municipal emergency management, G.S. 166A-7.

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ARTICLE II. STATE OF EMERGENCY*

Sec. 14-31. State of emergency.

(a) Existence of a state of emergency. A state of emergency shall be deemed to existwhenever, during times of great public crisis, disaster, rioting, catastrophe, or similar publicemergency, for any reason, municipal public safety authorities are unable to maintain publicorder or afford adequate protection for lives or property.

(b) Public proclamation. In the event of an existing or threatened state of emergencyendangering the lives, safety, health and welfare of the people within the town, or threateningdamage to or destruction of property, the mayor is hereby authorized and empowered to issuea public proclamation declaring to all persons the existence of a state of emergency, and, inorder to more effectively protect the lives and property of people within the town, to place ineffect any or all of the restrictions authorized in this section.

(c) Proclamations to limit application of restrictions. The mayor is hereby authorized andempowered to limit by proclamation the application of all or any part of the restrictions to anyarea specifically designated or described within the corporate limits of the town and to specifichours of the day or night; and to exempt from all or any part of the restrictions:

(1) Law enforcement officers, firefighters and other public employees, doctors, nurses,employees of hospitals and other medical facilities;

(2) On-duty military personnel whether state or federal;

(3) On-duty employees of public utilities, public transportation companies, and newspa-per, magazine, radio broadcasting, and television broadcasting corporations operatedfor profit; and

(4) Other classes of persons as may be essential to the preservation of public order andimmediately necessary to serve the safety, health and welfare needs of the peoplewithin the town.

(d) Proclamation of the end of the state of emergency. The mayor shall proclaim the end ofthe state of emergency or all or any part of the restrictions imposed as soon as circumstanceswarrant or when directed to do so by the board.

*State law reference—Authority of the mayor to declare an emergency, G.S. 14-288.12.

§ 14-31CIVIL EMERGENCIES

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(e) Imposition of restrictions. During the existence of a proclaimed state of emergency, themayor may impose by proclamation any or all of the following restrictions:

(1) Prohibit or regulate the possession off one's own premises of explosives, firearms,ammunition, or dangerous weapons of any kind, and prohibit the purchase, sale,transfer or other disposition thereof;

(2) Prohibit or regulate the buying or selling of beer, wine, or intoxicating beverages of anykind, and their possession or consumption off one's own premises;

(3) Prohibit or regulate any demonstration, parade, march, vigil, or participation thereinfrom taking place on any of the public ways or upon any public property;

(4) Prohibit or regulate the sale of gasoline, kerosene, naphtha, or any other explosive orinflammable fluids or substances;

(5) Prohibit or regulate travel upon any public street, alley, or roadway or upon any otherpublic property, except by those in search of medical assistance, food, or othercommodity or service necessary to sustain the well-being of themselves or theirfamilies or some member thereof;

(6) Prohibit or regulate the participation in or carrying on of any business activity, andprohibit or regulate the keeping open of places of business, places of entertainment,and any other place of public assembly.

(f) Subsequent proclamation. Any proclamation may, by the issuance of a subsequentproclamation, be extended, altered, or repealed in any particular during the continued orthreatened existence of a state of emergency.

(g) Violations. During the existence of a proclaimed state of emergency, it shall be unlawfulfor any person to violate any provision of any restriction imposed by any proclamationauthorized by this article.(Code 1979, § 3-3001)


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Chapter 15

RESERVED

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Chapter 16

ENVIRONMENT AND HEALTH*


Sec. 16-1. Unlawful to violate county health regulations.Sec. 16-2. Unlawful to interfere with county health officer.Sec. 16-3. Right of entry.Sec. 16-4. Burial restrictions.Secs. 16-5—16-30. Reserved.

Article II. Noise

Sec. 16-31. Unnecessary noise prohibited.Secs. 16-32—16-60. Reserved.

Article III. Nuisances

Sec. 16-61. Prohibitions; remedies.Sec. 16-62. Procedure.Sec. 16-63. Nuisance declared.Sec. 16-64. Investigation.Secs. 16-65—16-90. Reserved.

Article IV. Abandoned and Junked Motor Vehicles

Sec. 16-91. Definitions.Sec. 16-92. Administration and enforcement of article.Sec. 16-93. Exceptions.Sec. 16-94. Abandoned vehicles.Sec. 16-95. Nuisance vehicles.Sec. 16-96. Junked motor vehicles.Sec. 16-97. Notice to owner to remove.Sec. 16-98. Appeal by owner of vehicle on private property.Sec. 16-99. Removal of vehicles without notice to owner.Sec. 16-100. Post-towing notice requirements.Sec. 16-101. Hearing before sale or final disposition of vehicles.Sec. 16-102. Redemption of vehicles.Sec. 16-103. Unclaimed vehicles.Sec. 16-104. Removal of vehicles from private property.Sec. 16-105. Protection against criminal or civil liability.Sec. 16-106. Unlawful removal of impounded vehicle.

*Cross references—Animals, ch. 8; buildings and building regulations, ch. 10; unsafe andabandoned structures, § 10-91 et seq.; floods, ch. 20; solid waste management, ch. 26; streets,sidewalks, and other public places, ch. 28; subdivisions, ch. 30; utilities, ch. 34; zoning, ch. 38.

State law reference—Pollution control and environment, G.S. 113A-1 et seq.

CD16:1



Sec. 16-1. Unlawful to violate county health regulations.

It shall be unlawful for any person to violate any lawfully adopted rule or regulation of thecounty board of health. The enforcement of this section shall be under the supervision of thecounty health officer.(Code 1979, § 8-5001)

Sec. 16-2. Unlawful to interfere with county health officer.

It shall be unlawful for any person to hinder, obstruct or delay the county health officer orany of his assistants in the lawful discharge of their duties.(Code 1979, § 8-5002)

Sec. 16-3. Right of entry.

With appropriate warrant or permission of the homeowner, the county health officer or anyof his assistants shall have the right to enter any premises at any reasonable hour for thepurpose of making the inspections or investigations.(Code 1979, § 8-5003)

Sec. 16-4. Burial restrictions.

No person shall bury or cause to be buried any dead human body at any place within thetown other than a church cemetery or in a cemetery licensed by the state burial associationcommissioner.(Code 1979, § 6-1071)

State law reference—Authority to establish and operate cemeteries, G.S. 160A-341 et seq.


ARTICLE II. NOISE*

Sec. 16-31. Unnecessary noise prohibited.

It shall be unlawful for any person to create or assist in creating any unreasonably loud,disturbing and unnecessary noise in the town. Noise of this character, intensity and duration,such as the following, as to be detrimental to the public health, welfare, and peace is herebyprohibited:

(1) Horns; signal devices. The sounding of any horn or signal device on any automobile,motorcycle, bus, or other vehicle, except as a danger signal, so as to create anyunreasonably loud or harsh sound, or the sounding of the device for an unnecessaryand unreasonable period of time.

*State law reference—Authority to regulate noises, G.S. 160A-184.

§ 16-31ENVIRONMENT AND HEALTH

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(2) Radios, phonographs, and other musical instruments. The playing of any radio,phonograph or other musical instrument in a manner or with any volume, particularlyduring the hours between 11:00 p.m. and 7:00 a.m. as to annoy or disturb the quiet,comfort, or repose of any person in any dwelling, hotel, or other type of residence.

(3) Animals; birds. The keeping of any animal or bird, which, by causing frequent or longcontinued noise, shall disturb the comfort and repose of any person in the vicinity.

(4) Automobiles; motorcycles; other vehicles. The use of any automobile, motorcycle, orvehicle so out of repair, so loaded, or in any manner as to create loud or unnecessarygrating, grinding, rattling or other noise.

(5) Steam whistles. The blowing of any steam whistle attached to any stationary boiler,except to give notice of the time to begin or stop work or as a warning of danger.

(6) Garages; service stations. The conducting, operating, or maintaining of any garage orservice station in any residential area so as to cause loud or offensive noises to beemitted therefrom between the hours of 10:00 p.m. and 7:00 a.m. on weekdays or onSundays.

(7) On streets adjacent to schools, institutions, courts; near hospitals. The creation of anyexcessive noise on any street adjacent to any school, institution of learning, or courtwhile the institutions are in session, or within 150 feet of any hospital, whichunreasonably and unnecessarily interferes with the working of the institutions,provided conspicuous signs are displayed in the streets indicating that the area is aschool, court or hospital area.

(8) Erection, demolition, alteration or repair of buildings. The erection, including excava-tion, demolition, alteration or repair of any building in a residential or business districtother than between the hours of 7:00 a.m. and 6:00 p.m., on weekdays, except in thecase of urgent necessity in the interest of public safety and then only with a permitfrom the building inspector, which permit may be renewed for a period of three days orless while the emergency continues.

(9) Peddlers; barkers; hawkers; vendors. The shouting and crying of peddlers, barkers,hawkers and vendors which disturb the quiet and peace of the neighborhood.

(Code 1979, § 8-6001)


ARTICLE III. NUISANCES*

Sec. 16-61. Prohibitions; remedies.

(a) It shall be unlawful for the owner or person in possession of any lot or parcel of landwithin the corporate limits to cause, suffer or permit a nuisance, as defined in section 16-63,to exist upon such lot or parcel of land.

*Cross reference—Nuisance animals, § 8-9.State law reference—Abatement of public health nuisances, G.S. 160A-193.


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(b) In addition to other remedies available to the town, the town shall have the right toabate such nuisance and the cost of abating such nuisance shall become a lien upon such lotor parcel of land as set out in this article.(Ord. of 2-3-1997, § 8-4001)

Sec. 16-62. Procedure.

After a determination by the code enforcement officer that a nuisance does exist, thefollowing procedures shall apply:

(1) The code enforcement officer shall give notice to the owner and person in possession,if any, that the nuisance must be abated within ten days after the date such notice ismailed or posted.

(2) The notice shall be sent by certified mail to the owner at his last known address andby certified mail or personal delivery to the person in possession, if any. If afterexercising reasonable diligence, no owner can be ascertained and no person is inpossession of the property, then the notice shall be given by posting the noticeconspicuously upon the subject property.

(3) The owner or person in possession may, before the expiration of the ten-day period,appeal the code enforcement officer's findings to the town board by delivering a writtennotice of appeal to the town clerk, which appeal shall stay the abatement process untila final determination is made by the town board.

(4) If the owner and/or person in possession fails to abate or appeal the nuisance withinthe ten-day notice period, the code enforcement officer shall cause abatement of thenuisance.

(Ord. of 2-3-1997, § 8-4004)

Sec. 16-63. Nuisance declared.

The existence of any of the following conditions on any lot or parcel of land within thecorporate limits is hereby declared to be dangerous and prejudicial to the public health orpublic safety and constitutes a nuisance:

(1) The growth of weeds, grass or nonornamental bushes to a height in excess of 12 inches;provided, however, that this subsection shall not apply to ornamental shrubs or treeshaving a base diameter greater than four inches.

(2) Any accumulation of animal, vegetable, or other matter that is or may be offensive byvirtue of odors or vapors, or any condition which constitutes a breeding ground orharbor for rats, mosquitoes, insects, or other pests.

(3) Any accumulation of rubbish, trash, junk, wood, plastic, mattresses, boxes, paper,rubber tires, brush, old clothes, rags, old building materials, garbage, food and/orhuman waste, animal waste, furniture, appliances, or other debris causing or threat-ening to cause a fire hazard or accumulation of stagnant water.


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(4) Any condition detrimental to the health of persons or property which violates anyregulations of the county health department.

(Ord. of 2-3-1997, § 8-4002)

Sec. 16-64. Investigation.

Upon notice by phone, personal visit, or letter from the board of commissioners or itsdesignee of the existence of any of the conditions described in section 16-63, the codeenforcement officer shall make such investigations as may be necessary to determine whethersuch conditions exist and constitute a nuisance.(Ord. of 2-3-1997, § 8-4003)


ARTICLE IV. ABANDONED AND JUNKED MOTOR VEHICLES*



Abandoned vehicle means, as authorized and defined in G.S. 160A-303, one that:

(1) Is left upon a public street or highway in violation of a law or ordinance prohibitingparking;

(2) Is left on a public street or highway for longer than seven days;

(3) Is left on property owned or operated by the town for longer that 24 hours; or

(4) Is left on private property without the consent of the owner, occupant or lessee thereof,for longer than two hours.

Authorizing official means any police officer or the director of inspections and zoning,respectively, designated to authorize the removal of vehicles under the sections within thisarticle.

Junked motor vehicle means, as authorized and defined in G.S. 160A-303.2, a vehicle thatdoes not display a current license plate lawfully upon that vehicle and that:

(1) Is partially dismantled or wrecked;

(2) Cannot be self-propelled or moved in the manner in which it originally was intendedto move;

(3) Is more than five years old and appears to be worth less than $100.00.

*Cross reference—Traffic and vehicles, ch. 32.State law reference—Authority to regulate abandoned and junked vehicles, G.S. 160A-

303.


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Motor vehicle and vehicle mean all machines designed or intended to travel over land byself-propulsion or while attached to any self-propelled vehicle.

Nuisance vehicle means a vehicle on public or private property that is determined anddeclared to be a health or safety hazard, a public nuisance, and unlawful, including a vehiclefound to be:

(1) A breeding ground or harbor for mosquitoes, other insects, rats or other pests;

(2) A point of heavy growth of weeds or other noxious vegetation over eight inches inheight;

(3) A point of collection of pools or ponds of water;

(4) A point of concentration of quantities of gasoline, oil or other flammable or explosivematerials as evidenced by odor;

(5) One which has areas of confinement which cannot be operated from the inside, such astrunks, hoods, etc.;

(6) So situated or located that there is a danger of it falling or turning over;

(7) One which is a point of collection of garbage, food waste, animal waste, or any otherrotten or putrescible matter of any kind;

(8) One which has sharp parts thereof which are jagged or contain sharp edges of metalor glass;

(9) Any other vehicle specifically declared a health and safety hazard and a publicnuisance by the board of commissioners.

(Ord. of 2-3-1997, § 8-3002)Cross reference—Definitions generally, § 1-2.

Sec. 16-92. Administration and enforcement of article.

(a) Police department and director of inspections and zoning. The police department and thedirector of inspections and zoning or such other persons as shall be designated shall beresponsible for the administration and enforcement of this article.

(b) Public streets and highways. The police department shall be responsible for adminis-tering the removal and disposition of vehicles determined to be abandoned on the publicstreets and highways within the town and on the property owned by the town.

(c) Private property. The director of inspections and zoning shall be responsible foradministering the removal and disposition of abandoned, nuisance or junked motor vehicleslocated on private property.

(d) Contracts with private towing businesses. The town may contract with private tow truckoperators or towing businesses to remove, store, and dispose of abandoned vehicles, nuisancevehicles and junked motor vehicles in compliance with this article and applicable state laws.


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(e) Legal authority of police and fire department. Nothing in this article shall be construedto limit the legal authority or powers of officers of the police department and fire departmentin enforcing other laws in otherwise carrying out their duties.(Ord. of 2-3-1997, § 8-3001)

Cross reference—Administration, ch. 2.

Sec. 16-93. Exceptions.

Nothing in this article shall apply to any vehicle:

(1) Located in a bona fide automobile graveyard or junkyard as defined in G.S. 136.143, inaccordance with the Junkyard Control Act, G.S. 136-141 et seq.;

(2) In an enclosed building;

(3) On the premises of a business enterprise being operated in a lawful place and mannerif the vehicle is necessary to the operation of the enterprise; or

(4) In an appropriate storage place or depository maintained in a lawful place and mannerby the town.

(Ord. of 2-3-1997, § 8-3014)

Sec. 16-94. Abandoned vehicles.

(a) It shall be unlawful for the registered owner or person entitled to possession of a vehicleto cause or allow such vehicle to be abandoned as the term is defined in section 16-91.

(b) Upon investigation, proper authorizing officials of the town may determine that avehicle is an abandoned vehicle and order the vehicle removed.(Ord. of 2-3-1997, § 8-3003)

Sec. 16-95. Nuisance vehicles.

(a) It shall be unlawful for the registered owner or person entitled to possession of a motorvehicle, or for the owner, lessee, or occupant of the real property upon which the vehicle islocated to leave or allow the vehicle to remain on the property after it has been declared anuisance vehicle.

(b) Upon investigation, the director of inspections and zoning may determine and declarethat a vehicle is a health or safety hazard and a nuisance vehicle and order the vehicleremoved.(Ord. of 2-3-1997, § 8-3004)

Sec. 16-96. Junked motor vehicles.

(a) It shall be unlawful for the registered owner or person entitled to the possession of ajunked motor vehicle, or for the owner, lessee, or occupant of the real property upon which ajunked motor vehicle is located to leave or allow the vehicle to remain on the property after thevehicle has been ordered removed.


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(b) It shall be unlawful to have more than one junked motor vehicle, as defined in section16-91, on the premises of public or private property. A single, permitted junked motor vehiclemust strictly comply with the location and concealment requirements of subsection (e) of thissection.

(c) It shall be unlawful for any owner, person entitled to the possession of a junked motorvehicle, or for the owner, lessee, or occupant of the real property upon which a junked motorvehicle is located to fail to comply with the locational requirements or the concealmentrequirements of this subsection (c) of this section.

(d) Pursuant to subsection (c) of this section, upon investigation, the director of inspectionsand zoning may order the removal of a junked motor vehicle as defined in section 16-91, afterfinding in writing that the aesthetic benefits of removing the vehicle outweigh the burdensimposed on the private property owner. Such findings shall be based on a balancing of themonetary loss of the apparent owner against the corresponding gain to the public by promotingor enhancing community, neighborhood or area appearance. The following, among otherrelevant factors, may be considered:

(1) Protection of property values;

(2) Promotion of tourism and other economic development opportunities;

(3) Indirect protection of public health and safety;

(4) Preservation of the character and integrity of the community; and

(5) Promotion of the comfort, happiness and emotional stability of area residents.

(e) The following shall be permitted concealment or enclosure of a junked motor vehicle:

(1) One junked motor vehicle, in its entirety, can be located in the rear yard as defined bychapter 38, pertaining to zoning, if the junked motor vehicle is entirely concealed frompublic view from a public street and from abutting premises by an acceptable covering.The director of inspections and zoning has the authority to determine whether anyjunked motor vehicle is adequately concealed as required by this subsection (e). Thecovering must remain in good repair and must not be allowed to deteriorate. Thecovering or enclosure must be compatible with the objectives stated in the preamble ofthe model ordinance from which this article is derived.

(2) Any other junked motor vehicles must be kept in a garage or building structure thatprovides a complete enclosure so that the junked motor vehicles cannot be seen froma public street or abutting property. A garage or building structure means either alawful, nonconforming use or a garage or building structure erected pursuant to thelawful issuance of a building permit and which has been constructed in accordancewith all zoning and building code regulations.

(Ord. of 2-3-1997, § 8-3005)


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Sec. 16-97. Notice to owner to remove.

Except as set forth in section 16-98, an abandoned, nuisance or junked motor vehicle whichis to be removed shall be towed only after notice to the registered owner or person entitled topossession of the vehicle. In the case of a nuisance vehicle or a junked motor vehicle, if thenames and mailing addresses of the registered owner or person entitled to the possession of thevehicle, or the owner, lessee, or occupant of the real property upon which the vehicle is locatedcan be ascertained in the exercise of reasonable diligence, the notice shall be given by firstclass mail. The person who mails the notice shall retain a written record to show the name andaddress to which the notice was mailed, and the date mailed. If such names and addressescannot be ascertained or if the vehicle to be removed is an abandoned motor vehicle, noticeshall be given by affixing on the windshield or some other conspicuous place on the vehicle anotice indicating that the vehicle will be removed by the town on a specified date no soonerthan seven days after the notice is affixed, unless the vehicle is moved by the owner or legalpossessor prior to that time.(Ord. of 2-3-1997, § 8-3006 (a))

Sec. 16-98. Appeal by owner of vehicle on private property.

With respect to abandoned vehicles on private property, nuisance vehicles and junked motorvehicles to which notice is required to be given, if the registered owner or person entitled topossession does not remove the vehicle but chooses to appeal the determination that thevehicle is abandoned, a nuisance vehicle or in the case of a junked motor vehicle that theaesthetic benefits of removing the vehicle outweigh the burdens, such appeal shall be made tothe town board in writing, heard at the next regularly scheduled meeting of the town board,and further proceedings to remove the vehicle shall be stayed until the appeal is heard anddecided.(Ord. of 2-3-1997, § 8-3006 (b))

Sec. 16-99. Removal of vehicles without notice to owner.

The requirement that notice be given prior to the removal of abandoned, nuisance or junkedmotor vehicles may, as determined by the authorizing official, be omitted in those circum-stances where there is a special need for prompt action to eliminate traffic obstructions or tootherwise maintain and protect the public safety and welfare. Such findings shall, in all cases,be entered by the authorizing official in the appropriate daily records. Circumstancesjustifying the removal of vehicles without prior notice include:

(1) Vehicles abandoned on the streets. For vehicles left on the public streets and highways,the town board hereby determines that immediate removal of such vehicles may bewarranted when they are:

a. Obstructing traffic;

b. Parked in violation of an ordinance prohibiting or restricting parking;

c. Parked in a no-stopping or no-standing zone;


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d. Parked in loading zones;

e. Parked in bus zones; or

f. Parked in violation of temporary parking restrictions imposed under Codesections.

(2) Other abandoned or nuisance vehicles. With respect to abandoned or nuisance vehiclesleft on town-owned property other than the streets and highways, and on privateproperty, such vehicles may be removed without giving prior notice only in thosecircumstances where the authorizing official finds a special need for prompt action toprotect and maintain the public health, safety and welfare. By way of illustration andnot of limitation, such circumstances include vehicles blocking or obstructing ingressor egress to businesses and residences, vehicles parked in such a location or manner asto pose a traffic hazard, and vehicles causing damage to public or private property.

(Ord. of 2-3-1997, § 8-3007)

Sec. 16-100. Post-towing notice requirements.

(a) Any abandoned, nuisance or junked motor vehicle which has been ordered removed may,as directed by the town, be removed to a storage garage or area by the tow truck operator ortowing business contracting to perform such services for the town. Whenever such a vehicle isremoved, the authorizing town official shall immediately notify the last known registeredowner of the vehicle, such notice to include the following:

(1) The description of the removed vehicle;

(2) The location where the vehicle is stored;

(3) The violation with which the owner is charged, if any;

(4) The procedure the owner must follow to redeem the vehicle; and

(5) The procedure the owner must follow to request a probable cause hearing on theremoval.

(b) The town shall attempt to give notice to the vehicle owner by telephone; however,whether or not the owner is reached by telephone, a written notice including the informationset forth in subsection (a) of this section shall also be mailed to the registered owner's lastknown address, unless this notice is waived in writing by the vehicle owner or his agent.

(c) If the vehicle is registered in this state, notice shall be initiated within 24 hours. If thevehicle is not registered in the state, notice shall be given to the registered owner within 72hours from the removal of the vehicle.

(d) Whenever an abandoned, nuisance or junked motor vehicle is removed, and such vehiclehas no valid registration or registration plates, the authorizing town official shall makereasonable efforts, including checking the vehicle identification number, to determine the lastknown registered owner of the vehicle and to notify him of the information set forth insubsection (a) of this section.(Ord. of 2-3-1997, § 8-3008)


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Sec. 16-101. Hearing before sale or final disposition of vehicles.

After the removal of an abandoned vehicle, nuisance vehicle or junked motor vehicle, theowner or any other person entitled to possession is entitled to a hearing for the purpose ofdetermining if probable cause existed for removing the vehicle. A request for hearing must befiled in writing with the county magistrate designated by the chief district court judge toreceive such hearing requests. The magistrate will set the hearing within 72 hours of receiptof the request, and the hearing will be conducted in accordance with the provisions of G.S.20-219.11.(Ord. of 2-3-1997, § 8-3009)

Sec. 16-102. Redemption of vehicles.

At any stage in the proceedings, including before the probable cause hearing, the owner mayobtain possession of the removed vehicle by paying the towing fee, including any storagecharges, or by posting a bond for double the amount of such fees and charges to the tow truckoperator or towing business having custody of the removed vehicle. Upon regaining possessionof a vehicle, the owner or person entitled to the possession of the vehicle shall not allow orengage in further violations of this article.(Ord. of 2-3-1997, § 8-3010)

Sec. 16-103. Unclaimed vehicles.

Any abandoned, nuisance or junked motor vehicle which is not claimed by the owner orother party entitled to possession will be disposed of by the tow truck operator or towingbusiness having custody of the vehicle. Disposition of such a vehicle shall be carried out incoordination with the town and in accordance with G.S. 44A-1 et seq.(Ord. of 2-3-1997, § 8-3011)

Sec. 16-104. Removal of vehicles from private property.

As a general policy, the town will not remove a vehicle from private property if the owner,occupant, or lessee of such property could have the vehicle removed under applicable state lawprocedures. In no case will a vehicle be removed by the town from private property without awritten request of the owner, occupant or lessee, except in those cases where a vehicle is anuisance vehicle or is a junked motor vehicle which has been ordered removed by the town'sdirector of inspections and zoning. The town may require any person requesting the removalof an abandoned, nuisance or junked motor vehicle from private property to indemnify thetown against any loss, expense or liability incurred because of the removal, storage or salethereof.(Ord. of 2-3-1997, § 8-3012)


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Sec. 16-105. Protection against criminal or civil liability.

No person shall be held to answer in any civil or criminal action to any owner or otherperson legally entitled to the possession of an abandoned, nuisance or junked motor vehicle, fordisposing of such vehicle as provided in this article.(Ord. of 2-3-1997, § 8-3013)

Sec. 16-106. Unlawful removal of impounded vehicle.

It shall be unlawful for any person to remove or attempt to remove from any storage facilitydesignated by the town any vehicle which has been impounded pursuant to the provisions ofthis article unless and until all towing and impoundment fees which are due, or bond in lieuof such fees, have been paid.(Ord. of 2-3-1997, § 8-3015)


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Chapter 17

RESERVED

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Chapter 18

FIRE PREVENTION AND PROTECTION*


Sec. 18-1. Storage of inflammable oils.Sec. 18-2. Lots kept free from fire hazard.Secs. 18-3—18-30. Reserved.

Article II. Fire Prevention Code

Sec. 18-31. Adoption of fire prevention code.

*Cross references—Buildings and building regulations, ch. 10; civil emergencies, ch. 14;authority of police and fire department officials, § 32-2; obedience of police and fire departmentofficials, § 32-3.

State law reference—Municipal fire protection generally, G.S. 160A-291 et seq.

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Sec. 18-1. Storage of inflammable oils.

No kerosene, gasoline, benzine, or any other highly inflammable oil should be kept or storedin any building or on any premises within 200 feet of any other building within the town limitsin larger quantities than the containers or tanks will carry from which the oil is sold by retail.No empty barrels or drums will be allowed to remain in the above district longer than one dayafter such barrels or drums are emptied.(Code 1979, § 3-2022)

Sec. 18-2. Lots kept free from fire hazard.

It shall be unlawful for any person to permit or suffer rubbish, refuse or articles of acombustible or inflammable nature to accumulate or remain on any lot or premises.(Code 1979, § 3-2024)


ARTICLE II. FIRE PREVENTION CODE

Sec. 18-31. Adoption of fire prevention code.

The current edition of the state fire prevention code is hereby adopted by reference as fullyas though set forth in this article as the fire prevention code for the town. An official copy ofthe code shall be kept on file in the office of the clerk.(Code 1979, § 3-2021)

State law reference—Authority to adopt technical codes by reference, G.S. 160A-76.

§ 18-31FIRE PREVENTION AND PROTECTION

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Chapter 19

RESERVED

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Chapter 20

FLOODS*



Article II. Flood Damage Prevention


Sec. 20-31. Adoption of regulations.Sec. 20-32. Findings.Sec. 20-33. Purpose.Sec. 20-34. Objectives.Sec. 20-35. Definitions.Sec. 20-36. Violations; penalties.Sec. 20-37. Interpretation.Sec. 20-38. Applicable lands.Sec. 20-39. Compliance.Sec. 20-40. Abrogation and greater restrictions.Sec. 20-41. Liability.Secs. 20-42—20-60. Reserved.

Division 2. Administration

Sec. 20-61. Designation of local administrator.Sec. 20-62. Development permit.Sec. 20-63. Duties and responsibilities of the local administrator.Sec. 20-64. Administrative procedures.Sec. 20-65. Variance procedures.Sec. 20-66. Conditions for variances.Secs. 20-67—20-90. Reserved.

Division 3. Flood Hazard Reduction

Sec. 20-91. Areas of special flood hazard—Generally.Sec. 20-92. Same—Where flood elevation data has been provided as set forth in subsection

20-38(b) or 20-63(10).Sec. 20-93. Streams where no base flood data has been provided or no floodways have been

identified.Sec. 20-94. Subdivision proposals.Sec. 20-95. Areas of shallow flooding (AO zones).

*Cross references—Buildings and building regulations, ch. 10; environment and health,ch. 16; streets, sidewalks, and other public places, ch. 28; subdivisions, ch. 30; utilities, ch. 34;zoning, ch. 38.

State law reference—Floodway regulations, G.S. 160A-458.

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ARTICLE II. FLOOD DAMAGE PREVENTION


Sec. 20-31. Adoption of regulations.

The legislature of the state has in G.S. 143-211 et seq. and G.S. 160A-360, delegated theresponsibility to local governmental units to adopt regulations designed to promote the publichealth, safety, and general welfare of its citizenry.(Ord. of 6-1-1987, art. 1, § A)

Sec. 20-32. Findings.

(a) The flood hazard areas of the town are subject to periodic inundation which results inloss of life, property, health and safety hazards, disruption of commerce and governmentalservices, extraordinary public expenditures of flood protection and relief, and impairment ofthe tax base, all of which adversely affect the public health, safety and general welfare.

(b) These flood losses are caused by the cumulative effect of obstructions in floodplainscausing increases in flood heights and velocities, and by the occupancy in flood hazard areasby users vulnerable to floods or hazardous to other lands which are inadequately elevated,floodproofed, or otherwise unprotected from flood damages.(Ord. of 6-1-1987, art. 1, § B)

Sec. 20-33. Purpose.

It is the purpose of this article to promote the public health, safety and general welfare andto minimize public and private losses due to flood conditions in specific areas by provisionsdesigned to:

(1) Restrict or prohibit uses which are dangerous to health, safety and property due towater or erosion hazards, or which result in damaging increases in erosion or in floodheights or velocities;

(2) Require that uses vulnerable to floods, including facilities which serve such uses, beprotected against flood damage at the time of initial construction;

(3) Control the alteration of natural floodplains, stream channels, and natural protectivebarriers which are involved in the accommodation of floodwaters;

(4) Control filling, grading, dredging and other development which may increase erosionor flood damage; and

§ 20-33FLOODS

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(5) Prevent or regulate the construction of flood barriers which will unnaturally divertfloodwaters or which may increase flood hazards to other lands.

(Ord. of 6-1-1987, art. 1, § C)

Sec. 20-34. Objectives.

The objectives of this article are to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generallyundertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities such as water and gas mains,electric, telephone and sewer lines, streets and bridges located in floodplains;

(6) Help maintain a stable tax base by providing for the sound use and development offloodprone areas in such a manner as to minimize flood blight areas; and

(7) Ensure that potential home buyers are notified that property is in a flood area.(Ord. of 6-1-1987, art. 1, § D)


The following words, terms, and phrases, when used in this article shall have the meaningsascribed to them in this section, except where the context clearly indicates a different meaning:

Addition (to an existing building) means any walled and roofed expansion to the perimeterof a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a fire wall or is separated byindependent perimeter loadbearing walls is new construction.

Administrator and local administrator mean the county building inspector.

Appeal means a request from a review of the local administrator's interpretation of anysection within this article or a request for a variance.

Area of shallow flooding means a designated AO or VO zone on a community's floodinsurance rate map (FIRM) with base flood depths from one to three feet where a clearlydefined channel does not exist, where the path of flooding is unpredictable and indeterminate,and where velocity flow may be evident.

Area of special flood hazard means the land in the floodplain within a community subject toa one percent or greater chance of flooding in any given year.

Base flood means the flood having a one percent chance of being equaled or exceeded in anygiven year.

Basement means that lowest level or story which has its floor subgrade on all sides.


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Breakaway wall means a wall that is not part of the structural support of the building andis intended through its design and construction to collapse under specific lateral loading forceswithout causing damage to the elevated portion of the building or the supporting foundationsystem. A breakaway wall shall have a design safe loading resistance of not less than ten andnot more than 20 pounds per square foot. A wall with loading resistance of more than 20pounds per square foot requires an architects or professional engineer's certificate.

Building means any structure built for support, shelter, or enclosure for any occupancy orstorage.

Development means any manmade change to improved or unimproved real estate, includ-ing, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,excavation or drilling operations.

Elevated building means a nonbasement building built to have the lowest floor elevatedabove the ground level by means of fill, solid foundation perimeter walls, pilings, columns(posts and piers), shear walls, or breakaway walls.

Existing manufactured home park or manufactured home subdivision means a parcel orcontiguous parcels of land divided into two or more manufactured home lots for rent or sale forwhich the construction of facilities for servicing the lot on which the manufactured home is tobe affixed, including at a minimum, the installation of utilities, either final site grading or thepouring of concrete pads, and the construction of streets, is completed before the effective dateof the ordinance from which this article is derived.

Flood and flooding mean a general and temporary condition of partial or completeinundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; and

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard boundary map (FHBM) means an official map of a community, issued by theFederal Emergency Management Agency, where the boundaries of the areas of special floodhazard have been defined as zone A.

Flood insurance rate map (FIRM) means an official map of a community, on which theFederal Emergency Management Agency has delineated both the areas of special flood hazardand the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal EmergencyManagement Agency. The report contains flood profiles, as well as the flood boundary floodwaymap and the water surface elevation of the base flood.

Floodway means the channel of a river or other watercourse and the adjacent land areasthat must be reserved in order to discharge the base flood without cumulatively increasing thewater surface elevation more than one foot.

§ 20-35FLOODS

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Floor means the top surface of an enclosed area in a building, including the basement, i.e.,top of slab in concrete slab construction or top of wood flooring in wood frame construction. Theterm does not include the floor of a garage used solely for parking vehicles.

Functionally dependent facility means a facility which cannot be used for its intendedpurpose unless it is located or carried out in close proximity to water, such as a docking or portfacility necessary for the loading and unloading of cargo or passengers, shipbuilding, shiprepair, or seafood processing facilities. The term does not include longterm storage, manufac-ture, sales, or service facilities.

Highest adjacent grade means the highest natural elevation of the ground surface, prior toconstruction, next to the proposed walls of the structure.

Levee means a manmade structure, usually an earthen embankment, designed andconstructed in accordance with sound engineering practices to contain, control, or divert theflow of water so as to provide protection from temporary flooding.

Levee system means a flood protection system which consists of a levee, or levees, andassociated structures, such as closure and drainage devices, which are constructed andoperated in accordance with sound engineering practices.

Lowest floor means the lowest floor of the lowest enclosed area, including the basement. Anunfinished or flood resistant enclosure, usable solely for parking of vehicles, building access orstorage in an area other than a basement area is not considered a building's lowest floorprovided that such enclosure is not built so as to render the structure in violation of theapplicable nonelevation design requirements of this article.

Manufactured home means a structure, transportable in one or more sections, which is builton a permanent chassis and designed to be used with or without a permanent foundation whenconnected to the required utilities. The term also includes park trailers, travel trailers, andsimilar transportable structures placed on a site for 180 consecutive days or longer andintended to be improved property.

Manufactured home park or subdivision means a parcel or contiguous parcels of landdivided into two or more manufactured home lots for rent or sale.

Mean sea level means the average height of the sea for all stages of the tide. It is used as areference for establishing various elevations within the floodplain. For the purpose of thisarticle, the term is synonymous with National Geodetic Vertical Datum (NGVD).

National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control used asa reference for establishing varying elevations within the floodplain.

New construction means structures for which the start of construction commenced on orafter the effective date of the ordinance from which this article is derived.

Remedy a violation means to bring the structure or other development into compliance withstate or local floodplain management regulations, or, if this is not possible, to reduce theimpacts of its noncompliance. Ways that impacts may be reduced include protecting the


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structure or other affected development from flood damages, implementing the enforcementprovisions of the article or otherwise deterring future similar violations, or reducing federalfinancial exposure with regard to the structure or other development.

Start of construction means and includes, for other than new construction or substantialimprovements under the Coastal Barrier Resources Act (P.L. 97-348), substantial improve-ment, and means the date the building permit was issued, provided the actual start ofconstruction, repair, reconstruction, or improvement was within 180 days of the permit date.The actual start means the first placement of permanent construction of a structure, includinga manufactured home, on a site, such as the pouring of slabs or footing, installation of piles,construction of columns, or any work beyond the stage of excavation or the placement of amanufactured home on a foundation. Permanent construction does not include land prepara-tion, such as clearing, grading and filling; nor does it include the installation of streets and/orwalkways; nor does it include excavation for a basement, footings, piers or foundations or theerection of temporary forms; nor does it include the installation on the property of accessorybuildings, such as garages or sheds not occupied as dwelling units or not part of the mainstructure.

Structure means a walled and roofed building that is principally above ground, a manufac-tured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.

Substantial improvement means:

(1) Any repair, reconstruction, or improvement of a structure, within any 12-monthperiod, where the cost equals or exceeds 50 percent of the market value of thestructure, either:

a. Before the improvement or repair is started; or

b. If the structure has been damaged and is being restored, before the damageoccurred. For the purposes of this definition, substantial improvement is consid-ered to occur when the first alteration of any wall, ceiling, floor, or otherstructural part of the building commences, whether or not that alteration affectsthe external dimensions of the structure.

(2) The term "substantial improvement" does not, however, include either:

a. Any project for improvement of a structure to comply with existing state and localhealth, sanitary, or safety code specifications which are solely necessary to ensuresafe living conditions; or

b. Any alteration of a structure listed on the National Register of Historic Places ora state inventory of historic places.

Variance means a grant of relief to a person from the requirements of this article whichpermits construction in a manner otherwise prohibited by this article where specific enforce-ment would result in unnecessary hardship.

Violation means the failure of a structure or other development to be fully compliant withthe community's floodplain management regulations. A structure or other development

§ 20-35FLOODS

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without the elevation certificate, other certifications, or other evidence of compliance requiredin divisions 2 and 3 of this chapter is presumed to be in violation until such time as thatdocumentation is provided.

Cross reference—Definitions generally, § 1-2.(Ord. of 6-1-1987, art. 2)

Sec. 20-36. Violations; penalties.

Violations of this article or failure to comply with any of its requirements, includingviolation of conditions and safeguards established in connection with grants of variance orspecial exceptions, shall constitute a misdemeanor. Any person who violates this article or failsto comply with any of its requirements shall, upon conviction thereof, be punished inaccordance with section 1-12. A violator may also be subject to a civil penalty in the nature ofa debt. Each day such violation continues shall be considered a separate offense. Nothingcontained in this article shall prevent the town from taking such other lawful action as isnecessary to prevent or remedy any violation.(Ord. of 6-1-1987, art. 3, § H)

Sec. 20-37. Interpretation.

In the interpretation and application of this article all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the board of commissioners; and

(3) Deemed neither to limit nor repeal any other powers granted under state statutes.(Ord. of 6-1-1987, art. 3, § F)

Sec. 20-38. Applicable lands.

(a) This article shall apply to all areas of special flood hazard within the jurisdiction of thetown.

(b) The areas of special flood hazard identified by the Federal Emergency ManagementAgency in its flood insurance study, dated January 3, 1986, with accompanying maps and othersupporting data, and any revisions thereto are adopted by reference and declared to be a partof this article.(Ord. of 6-1-1987, art. 3, §§ A, B)

Sec. 20-39. Compliance.

No structure or land shall be located, extended, converted or structurally altered withoutfull compliance with the terms of this article and other applicable regulations.(Ord. of 6-1-1987, art. 3, § D)


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Sec. 20-40. Abrogation and greater restrictions.

This article is not intended to repeal, abrogate, or impair any existing easements,covenants, or deed restrictions. However, where this article and another conflict or overlap,whichever imposes the more stringent restrictions shall prevail.(Ord. of 6-1-1987, art. 3, § E)

Sec. 20-41. Liability.

The degree of flood protection required by this article is considered reasonable for regulatorypurposes and is based on scientific and engineering considerations. Larger floods can and willoccur on rare occasions. Flood heights may be increased by manmade or natural causes. Thisarticle does not imply that land outside the areas of special flood hazard or uses permittedwithin such areas will be free from flooding or flood damages. This article shall not createliability on the part of the town or by any officer or employee thereof for any flood damages thatresult from reliance on this article or any administrative decision lawfully made under thisarticle.(Ord. of 6-1-1987, art. 3, § G)


DIVISION 2. ADMINISTRATION*

Sec. 20-61. Designation of local administrator.

The county building inspector is hereby appointed to administer and implement theprovisions of this article.(Ord. of 6-1-1987, art. 4, § A)

Sec. 20-62. Development permit.

(a) Required. A development permit shall be required in conformance with this article priorto the commencement of any development activities.

(b) Application. Application for a development permit shall be made to the local adminis-trator on forms furnished by him prior to any development activities. The development permitmay include, but not be limited to, plans in duplicate drawn to scale showing: the nature,location, dimensions, and elevations of the area in question; existing or proposed structures;and the location of fill, materials storage areas and drainage facilities. Specifically, thefollowing information is required:

(1) Where base flood elevation data is provided in accordance with subsection 20-63(10),the application for a development permit within zone A on the flood insurance rate mapshall show:

a. The elevation, in relation to mean sea level, of the lowest floor, including thebasement, of all new and substantially improved structures; and

*Cross reference—Administration, ch. 2.

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b. If the structure has been floodproofed in accordance with subsection 20-92(2), theelevation, in relation to mean sea level, to which the structure was floodproofed.

(2) Where the base flood elevation data is not provided, the application for a developmentpermit must show construction of the lowest floor at least two feet above the highestadjacent grade.

(3) Where any watercourse will be altered or relocated as a result of proposed develop-ment, the application for a development permit shall include: a description of theextent of watercourse alteration or relocation; an engineering report on the effects ofthe proposed project on the flood-carrying capacity of the watercourse and the effectsto properties located both upstream and downstream; and a map showing the locationof the proposed watercourse alteration or relocation.

(4) When a structure is floodproofed, the applicant shall provide a certificate from aregistered professional engineer or architect that the nonresidential floodproofedstructure meets the floodproofing criteria in subsection 20-92(2).

(5) A floor elevation or floodproofing certification is required after the lowest floor iscompleted. Within 21 calendar days of establishment of the lowest floor elevation, orfloodproofing by whatever construction means, whichever is applicable, it shall be theduty of the permit holder to submit to the local administrator a certification of theelevation of the lowest floor, or floodproofed elevation, whichever is applicable, as built,in relation to mean sea level. Such certification shall be prepared by or under the directsupervision of a registered land surveyor or professional engineer and certified by suchregistered land surveyor or professional engineer.

(6) When floodproofing is utilized for a particular building, the certification shall beprepared by or under the direct supervision of a professional engineer or architect andcertified by such registered land surveyor or professional engineer. Any work donewithin the 21-day calendar period and prior to submission of the certification shall beat the permit holder's risk. The local administrator shall review the floor elevationsurvey data submitted. Deficiencies detected by such review shall be corrected by thepermit holder immediately and prior to further progressive work being permitted toproceed. Failure to submit the survey or failure to make the corrections required shallbe cause to issue a stop-work order for the project.

(Ord. of 6-1-1987, art. 3, § C, art. 4, § B)

Sec. 20-63. Duties and responsibilities of the local administrator.

The duties of the county building inspector shall include, but not be limited to:

(1) Review of all development permits to ensure that the permit requirements of thisarticle have been satisfied.

(2) Advising the permittee that additional federal or state permits may be required, andif specific federal or state permits are known, require that copies of such permits beprovided and maintained on file with the development permit.


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(3) Notifying adjacent communities and the state department of crime control and publicsafety, division of emergency management, state coordinator for the National FloodInsurance Program prior to any alteration or relocation of a watercourse, and submitevidence of such notification to the Federal Emergency Management Agency.

(4) Ensuring that maintenance is provided within the altered or relocated portion of thewatercourse so that the flood-carrying capacity is not diminished.

(5) Preventing encroachments within floodways unless the certification and flood hazardreduction provisions of division 3 of this article are met.

(6) Verifying and recording the actual elevation, in relation to mean sea level, of the lowestfloor including the basement of all new or substantially improved structures, inaccordance with subsection 20-62(b)(5).

(7) Verifying and recording the actual elevation, in relation to mean sea level, to which thenew or substantially improved structures have been floodproofed, in accordance withsubsection 20-62(b)(5).

(8) When floodproofing is utilized for a particular structure, obtaining certification from aregistered professional engineer or architect in accordance with subsection 20-92(2).

(9) Where interpretation is needed as to the exact location of boundaries of the areas ofspecial flood hazard, for example, where there appears to be a conflict between amapped boundary and actual field conditions, making the necessary interpretation.The person contesting the location of the boundary shall be given a reasonableopportunity to appeal the interpretation as provided in this article.

(10) When base flood elevation data or floodway data has not been provided in accordancewith subsection 20-38(b), obtaining, reviewing and reasonably utilizing any base floodelevation data and floodway data available from a federal, state or other source,including data developed pursuant to subsection 20-94(4), in order to administer theprovisions of this article.

All records pertaining to this article shall be maintained in the office of the local administratorand shall be open for public inspection.(Ord. of 6-1-1987, art. 4, § C)

Sec. 20-64. Administrative procedures.

(a) Inspections of work in progress. As the work pursuant to a development permitprogresses, the local administrator shall make as many inspections of the work as may benecessary to ensure that the work is being done according to the provisions of this article andthe terms of the development permit. In exercising this power, the administrator has a right,upon presentation of proper credentials, to enter on any premises within the territorialjurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.

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(b) Stop orders. Whenever a building or part thereof is being constructed, reconstructed,altered or repaired in violation of this article, the administrator may order the work to beimmediately stopped. The stop order shall be in writing and directed to the person doing thework. The stop order shall state the specific work to be stopped, the specific reasons for thestoppage, and the conditions under which the work may be resumed. Violation of a stop orderconstitutes a misdemeanor.

(c) Revocation of development permits. The local administrator may revoke and require thereturn of the development permit by notifying the permit holder in writing stating the reasonfor the revocation. Permits shall be revoked for any substantial departure from the approvedapplication, plans, or specifications; for refusal or failure to comply with the requirements ofstate or local laws; or for false statements or misrepresentations made in securing the permit.Any permit mistakenly issued in violation of an applicable state or local law may also berevoked.

(d) Periodic inspections. The local administrator and each member of his inspectionsdepartment shall have a right, upon presentation of proper credentials, to enter on anypremises within the territorial jurisdiction of the department at any reasonable hour for thepurposes of inspection or other enforcement action.

(e) Violations to be corrected. When the local administrator finds violations of applicablestate and local laws, it shall be his duty to notify the owner or occupant of the building of theviolation. The owner or occupant shall each immediately remedy the violations of law in theproperty he owns.

(f) Actions in event of failure to take corrective action. If the owner of a building or propertyshall fail to take prompt corrective action, the administrator shall give him written notice, bycertified or registered mail to his last known address or by personal service that:

(1) The building or property is in violation of this article;

(2) A hearing will be held before the local administrator at a designated place and time,not later than ten days after the date of the notice, at which time the owner shall beentitled to be heard in person or by counsel and to present arguments and evidencepertaining to the matter; and

(3) Following the hearing, the local administrator may issue such order to alter, vacate, ordemolish the building or to remove fill as appears appropriate.

(g) Order to take corrective action. If, upon a hearing held pursuant to the notice referencedin subsection (f) of this section, the administrator shall find that the building or developmentis in violation of this article, he shall make an order in writing to the owner, requiring theowner to remedy the violation within such period, not less than 60 days, that the administratormay prescribe; provided, that where the administrator finds that there is imminent danger tolife or other property, he may order that corrective action be taken in such lesser period as maybe feasible.


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(h) Appeal. Any owner who has received an order to take corrective action may appeal fromthe order to the board of commissioners by giving notice of appeal in writing to theadministrator and the clerk within ten days following issuance of the final order. In theabsence of an appeal, the order of the administrator shall be final. The board of commissionersshall hear an appeal within a reasonable time and may affirm, modify and affirm, or revokethe order.

(i) Failure to comply with order. If the owner of a building or property fails to comply withan order to take corrective action from which no appeal has been taken, or fails to comply withan order of the board of commissioners following an appeal, he shall be guilty of amisdemeanor and shall be punished in the discretion of the court.(Ord. of 6-1-1987, art. 4, § D)

Sec. 20-65. Variance procedures.

(a) The zoning board as established by the town shall hear and decide appeals and requestsfor variances from the requirements of this article.

(b) Any person aggrieved by the decision of the zoning board or any taxpayer may appealsuch decision to the court, as provided in G.S. ch. 7A.

(c) Variances may be issued for the reconstruction, rehabilitation or restoration of struc-tures listed on the National Register of Historic Places or a state inventory of historic placeswithout regard to the procedures set forth in the remainder of this section.

(d) In passing upon such applications, the zoning board shall consider all technicalevaluations, all relevant factors, all standards specified in other sections of this article, and:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger to life and property due to flooding or erosion damage;

(3) The susceptibility of the proposed facility and its contents to flood damage and theeffect of such damage on the individual owner;

(4) The importance of the services provided by the proposed facility to the community;

(5) The necessity to the facility of a waterfront location, where applicable;

(6) The availability of alternative locations, not subject to flooding or erosion damage, forthe proposed use;

(7) The compatibility of the proposed use with existing and anticipated development;

(8) The relationship of the proposed use to the comprehensive plan and floodplainmanagement program for that area;

(9) The safety of access to the property in times of flood for ordinary and emergencyvehicles;

(10) The expected heights, velocity, duration, rate of rise and sediment transport of thefloodwaters and the effects of wave action, if applicable, expected at the site; and

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(11) The costs of providing governmental services during and after flood conditionsincluding maintenance and repair of public utilities and facilities such as sewer, gas,electrical, and water systems, and streets and bridges.

(e) Upon consideration of the factors listed in subsection (d) of this section and the purposesof this article, the zoning board may attach such conditions to the granting of variances as itdeems necessary to further the purposes of this article.

(f) Variances shall not be issued within any designated floodway if any increase in floodlevels during the base flood discharge would result.(Ord. of 6-1-1987, art. 4, § E(1)—(6))

Sec. 20-66. Conditions for variances.

(a) Variances shall only be issued upon a determination that the variance is the minimumnecessary, considering the flood hazard, to afford relief.

(b) Variances shall only be issued upon:

(1) A showing of good and sufficient cause;

(2) A determination that failure to grant the variance would result in exceptionalhardship; and

(3) A determination that the granting of a variance will not result in increased floodheights, additional threats to public safety, extraordinary public expense, creating anuisance, causing fraud on or victimization of the public, or conflict with existing locallaws or ordinances.

(c) Any applicant to whom a variance is granted shall be given written notice specifying thedifference between the base flood elevation and the elevation to which the structure is to bebuilt and a written statement that the cost of flood insurance will be commensurate with theincreased risk resulting from the reduced lowest floor elevation. Such notification shall bemaintained with a record of all variance actions.

(d) The local administrator shall maintain the records of all appeal actions and report anyvariances to the Federal Emergency Management Agency upon request.(Ord. of 6-1-1987, art. 4, § E(7))


DIVISION 3. FLOOD HAZARD REDUCTION

Sec. 20-91. Areas of special flood hazard—Generally.

In all areas of special flood hazard the following are required:

(1) All new construction and substantial improvements shall be anchored to preventflotation, collapse or lateral movement of the structure;


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(2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateralmovement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to andconsistent with applicable state requirements for resisting wind forces;

(3) All new construction and substantial improvements shall be constructed with mate-rials and utility equipment resistant to flood damage;

(4) All new construction or substantial improvements shall be constructed by methods andpractices that minimize flood damage;

(5) Electrical, heating, ventilation, plumbing, air conditioning equipment, and otherservice facilities shall be designed and/or located so as to prevent water from enteringor accumulating within the components during conditions of flooding;

(6) All new and replacement water supply systems shall be designed to minimize oreliminate infiltration of floodwaters into the system;

(7) New and replacement sanitary sewage systems shall be designed to minimize oreliminate infiltration of floodwaters into the systems and discharges from the systemsinto floodwaters;

(8) On-site waste disposal systems shall be located and constructed to avoid impairmentto them or contamination from them during flooding; and

(9) Any alteration, repair, reconstruction or improvement to a structure which is incompliance with the provisions of this article, shall meet the requirements of newconstruction as contained in this article.

(Ord. of 6-1-1987, art. 5, § A)

Sec. 20-92. Same—Where flood elevation data has been provided as set forth insubsection 20-38(b) or 20-63(10).

In all areas of special flood hazard where base flood elevation data has been provided, as setforth in subsection 20-38(b), or subsection 20-63(10), the following are required:

(1) Residential construction. New construction or substantial improvement of any resi-dential structure shall have the lowest floor, including basement, elevated no lowerthan 2 feet above the base flood elevation. Should solid foundation perimeter walls beused to elevate a structure, openings sufficient to facilitate the unimpeded movementsof floodwaters shall be provided.

(2) Nonresidential construction. New construction or substantial improvement of anycommercial, industrial, or nonresidential structure shall have the lowest floor, includ-ing basement, elevated no lower than two feet above the level of the base floodelevation. Structures located in A zones may be floodproof in lieu of elevation providedthat all areas of the structure below the required elevation are watertight with wallssubstantially impermeable to the passage of water, using structural componentshaving the capability of resisting hydrostatic and hydrodynamic loads and the effect of

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buoyancy. A registered professional engineer or architect shall certify that thestandards of this subsection are satisfied. Such certification shall be provided to theofficial as set forth in subsection 20-62(b)(5).

(3) Elevated buildings. New construction or substantial improvements of elevated build-ings that include fully enclosed areas formed by a foundation and other exterior wallsbelow the base flood elevation shall be designed to preclude finished living space anddesigned to allow for the entry and exit of floodwaters to automatically equalizehydrostatic flood forces on exterior walls.

a. Designs for complying with this requirement must either be certified by aprofessional engineer or architect or meet the following minimum criteria:

1. Provide a minimum of two openings having a total net area of not less thanone square inch for every square foot of enclosed area subject to flooding;

2. The bottom of all openings shall be no higher than one foot above grade; and

3. Openings may be equipped with screens, louvers, valves or other coveringsor devices provided they permit the automatic flow of floodwaters in bothdirections.

b. Electrical, heating, ventilation, plumbing, air conditioning equipment, and otherservice facilities shall be designed and/or located so as to prevent water fromentering or accumulating within the components during conditions of flooding.

c. Access to the enclosed area shall be the minimum necessary to allow for parkingof vehicles (garage door) or limited storage of maintenance equipment used inconnection with the premises (standard exterior door) or entry to the living area(stairway or elevator).

d. The interior portion of such enclosed area shall not be partitioned or finished intoseparate rooms, except to enclose storage areas.

(4) Floodways. Located within areas of special flood hazard established in subsection20-38(b) are areas designated as floodways. The floodway is an extremely hazardousarea due to the velocity of floodwaters which carry debris and potential projectiles andhas erosion potential. The following provisions shall apply within such areas:

a. No encroachments, including fill, new construction, substantial improvementsand other developments shall be permitted unless certification with supportingtechnical data by a registered professional engineer is provided demonstratingthat such encroachments shall not result in any increase in flood levels duringoccurrence of the base flood discharge.

b. If subsection 20-92(4)(a) is satisfied, all new construction and substantialimprovements shall comply with all applicable flood hazard reduction provisionsof this division.

c. No manufactured homes shall be permitted, except in an existing manufacturedhome park or subdivision. A replacement manufactured home may be placed on


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a lot in an existing manufactured home park or subdivision provided theanchoring standards of subsection 20-91(2) and the elevation standards ofsubsection 20-92(1) are met.

(Ord. of 6-1-1987, art. 5, § B)

Sec. 20-93. Streams where no base flood data has been provided or no floodwayshave been identified.

Located within the areas of special flood hazard established in subsection 20-38(b) are smallstreams where no base flood data has been provided or where no floodways have beenidentified. The following subsections apply within such areas:

(1) No encroachments, including fill, new construction, substantial improvements or newdevelopment shall be permitted within a distance of the stream bank equal to zerotimes the width of the stream at the top of the bank or 20 feet each side from the topof the bank, whichever is greater, unless certification with supporting technical databy a registered professional engineer is provided demonstrating that such encroach-ments shall not result in any increase in flood levels during the occurrence of the baseflood discharge.

(2) If subsection (1) of this section is satisfied and base flood elevation data is availablefrom other sources, all new construction and substantial improvements within suchareas shall comply with all applicable provisions of this division and shall be elevatedor floodproof in accordance with elevations established in subsection 20-63(10). Whenbase flood elevation data is not available from a federal, state or other source, thelowest floor, including basement, shall be elevated at least two feet above the highestadjacent grade.

(Ord. of 6-1-1987, art. 5, § C)

Sec. 20-94. Subdivision proposals.

Standards for subdivision proposals are as follows:

(1) All subdivision proposals shall be consistent with the need to minimize flood damage;

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas,electrical and water systems located and constructed to minimize flood damage;

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure toflood hazards; and

(4) Base flood elevation data shall be provided for subdivision proposals and otherproposed development which is greater than the lesser of 50 lots or five acres.

(Ord. of 6-1-1987, art. 5, § D)

Sec. 20-95. Areas of shallow flooding (AO zones).

Located within the area of special flood hazard established in subsection 20-38(b), are areasdesignated as shallow flooding. These areas have special flood hazards associated with base

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flood depths of one to three feet where a clearly defined channel does not exist and where thepath of flooding is unpredictable and indeterminate. The following subsections shall applywithin such areas:

(1) All new construction and substantial improvements of residential structures shallhave the lowest floor, including basement, elevated to the depth number specified onthe flood insurance rate map, in feet, above the highest adjacent grade. If no depthnumber is specified, the lowest floor, including basement, shall be elevated at least twofeet above the highest adjacent grade.

(2) All new construction and substantial improvements of nonresidential structures shall:

a. Have the lowest floor, including basement, elevated to the depth number specifiedon the flood insurance rate map, in feet, above the highest adjacent grade. If nodepth number is specified, the lowest floor, including basement, shall be elevatedat least two feet above the highest adjacent grade; or

b. Be completely floodproofed together with attendant utility and sanitary facilitiesto or above that level so that any space below that level is watertight with wallssubstantially impermeable to the passage of water and with structural compo-nents having the capability of resisting hydrostatic and hydrodynamic loads andeffects of buoyancy.

(Ord. of 6-1-1987, art. 5, § E)


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Chapter 21

RESERVED

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Chapter 22

LAW ENFORCEMENT*



Article II. Police Department

Sec. 22-31. Created.Sec. 22-32. Composition.Sec. 22-33. Supervision of department.Sec. 22-34. Duties of police.Sec. 22-35. Power and authority.Sec. 22-36. Personnel.Sec. 22-37. Appointment of members.Sec. 22-38. Requirements of employment.Sec. 22-39. Police officer uniforms.Secs. 22-40—22-70. Reserved.

Article III. Auxiliary Police

Sec. 22-71. Auxiliary police division established.Sec. 22-72. Chief of police to control; appointments and removals.Sec. 22-73. Duties.Sec. 22-74. Identification.Sec. 22-75. Carrying and custody of firearms.Sec. 22-76. Powers.

*Cross references—Administration, ch. 2; civil emergencies, ch. 14; offenses and miscel-laneous provisions, ch. 24; traffic and vehicles, ch. 32.

State law reference—Municipal law enforcement, G.S. 160A-281 et seq.

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ARTICLE II. POLICE DEPARTMENT*

Sec. 22-31. Created.

The police department of the town is hereby created, subject to the terms, authority, andconditions set out in this article.(Code 1979, § 3-1001)

Sec. 22-32. Composition.

The police department of the town shall consist of a chief of police, officers, and policemenof designated grade as the town board deems necessary.(Code 1979, § 3-1002)

Sec. 22-33. Supervision of department.

(a) The chief of police shall have immediate direction and control of the members of thepolice department, subject, however, to the supervision of the town board and to rules,regulations and orders that the town board may prescribe.

(b) The chief of police of the town, subject to the general supervision of the town board, isheld responsible for the discipline, good order, and proper conduct of the department and thevarious duties thereof, and for the proper enforcement of the laws of the town.(Code 1979, §§ 3-1004, 3-1021)

Sec. 22-34. Duties of police.

The police department shall carry out all orders of the board, enforce all laws andordinances of the town and the state, and shall at all times preserve the peace, protect theproperty and the safety of the citizens of the town. The town police shall also have the powersand duties expressed in G.S. 160A-285.(Code 1979, § 3-1003)

Sec. 22-35. Power and authority.

(a) The members of the town police department shall have all the power and authority now,or which may be invested in local law enforcement officers for the preservation of the peace ofthe town, for suppressing disturbances, and arresting offenders.

*Cross reference—Department, § 2-191 et seq.State law reference—Authority to create police department, G.S. 160A-281 et seq.

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(b) Except when pursuing an offender of the law or happening upon persons in the act ofcommitting some offense, or when directed by a superior officer or when acting pursuant toofficial request for assistance, the police shall carry out their duties when on duty within thelaw enforcement jurisdiction of the town as authorized by G.S. 160A-286.(Code 1979, § 3-1022)

State law reference—Jurisdiction of police, G.S. 160A-286, 15A-402.

Sec. 22-36. Personnel.

The town board shall have the duty of hiring persons as may be necessary to man the policeforce of the town and to provide the town with adequate police protection, together with theduty of discharging such members.(Code 1979, § 3-1005)

Sec. 22-37. Appointment of members.

Members of the police department shall be appointed by the town board after dueexamination by the board and based upon the results of the examination. Unless providedotherwise by the board, members of the police department shall be subject to the generalpersonnel policies of the town.(Code 1979, § 3-1023)

Sec. 22-38. Requirements of employment.

Every person appointed as a law enforcement officer shall:

(1) Be a citizen of the United States.

(2) Be at least 20 years of age.

(3) Be of good moral character and possess correct habits.

(4) Be fingerprinted and a search shall be made of local, state and federal fingerprint files.

(5) Not have been convicted of a felony or an offense involving moral turpitude.

(6) Have a high school diploma or its equivalent.

(7) Satisfactorily complete the certification requirements of the state.

(8) Pass an examination conducted by a physician employed by the town.

(9) Be interviewed and approved by the town board or its designee.(Code 1979, § 3-1025)

Sec. 22-39. Police officer uniforms.

All police officers shall wear uniforms, and shall keep such uniforms in a neat and cleancondition, and shall surrender all uniforms and equipment upon leaving the police service ofthe town if such uniforms and equipment were furnished by the town.(Code 1979, § 3-1024)


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ARTICLE III. AUXILIARY POLICE*

Sec. 22-71. Auxiliary police division established.

There is hereby established within the town police department as a division thereof, anauxiliary police division. The auxiliary police division shall be a volunteer organization,composed of as many members as may from time to time be determined by the board.(Code 1979, § 3-1041)

Sec. 22-72. Chief of police to control; appointments and removals.

(a) The auxiliary police division shall be under the direct control of the chief of police, actingunder the general supervision of the board. All appointments and removals of members of theauxiliary police division shall be made in the same manner and under the same policies andprocedures as may from time to time be established for appointment and removal of regularpolice officers.

(b) The auxiliary police division shall have no commanding officer, nor any officers, and allmembers shall bear the rank of patrolman. Each member of the auxiliary police division shalltake the oath of office of a regular police officer. The chief of police shall provide for adequatetraining of members of the auxiliary police division, and of candidates for membership.(Code 1979, § 3-1042)

Sec. 22-73. Duties.

(a) The duties of the auxiliary police division, subject at all times to the direction,supervision and control of the chief of police, shall be to assist the regular members of thepolice department in the enforcement of law and the maintenance of peace and order whencalled to active duty by the chief of police. The chief shall by order establish rules andregulations to govern the auxiliary police division, to fix the specific duties of its members, andto provide for the maintenance of discipline. Members of the auxiliary police division shall obeythe instructions of regular police officers in carrying out their duties.

(b) The chief may prescribe other duties than those mentioned in this section to beperformed by the auxiliary police division, with approval of the board.(Code 1979, § 3-1043)

*State law reference—Establishment, powers, privileges and immunities of auxiliarypolice force, G.S. 160A-282.

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Sec. 22-74. Identification.

An identification card and other insignia or evidence of identity as the chief may prescribeshall be issued to each member of the auxiliary police division who must carry the card andother identification at all times while on duty, and who must surrender them upon thetermination of his membership.(Code 1979, § 3-1044)

Sec. 22-75. Carrying and custody of firearms.

No member of the auxiliary police division shall, while on duty, carry or use any firearmexcept upon the express order of the chief of police, and all official firearms shall be kept incustody of the police department except when issued to a member of the auxiliary division foruse on active duty while accompanied by and under the supervision of one or more regularpolice officers.(Code 1979, § 3-1045)

Sec. 22-76. Powers.

(a) Law enforcement powers. No member of the auxiliary police division shall enforce, orattempt to enforce, any law except when called to active duty, and except when immediatelyaccompanied by one or more regular police officers.

(b) Power of arrest. Members of the auxiliary police division shall, while undergoing officialtraining, while performing duties on behalf of the town and when properly certified by thestate criminal justice training and standards council, pursuant to orders or instructions of thechief of police, be entitled to all powers of arrest, privileges and immunities afforded by law toregularly employed police officers.(Code 1979, §§ 3-1046, 3-1047)


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Chapter 23

RESERVED

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Chapter 24

OFFENSES AND MISCELLANEOUS PROVISIONS*


Sec. 24-1. Human waste.Sec. 24-2. Spinning of tires prohibited.Secs. 24-3—24-30. Reserved.

Article II. Swimming

Sec. 24-31. Swimming in posted areas.Sec. 24-32. Violations; penalty.Secs. 24-33—24-60. Reserved.

Article III. Smoking

Sec. 24-61. Definitions.Sec. 24-62. Violations; penalty.Sec. 24-63. Smoking prohibited.Secs. 24-64—24-90. Reserved.

Article IV. Printed Matter

Sec. 24-91. Posting of printed matter—Prohibited on public property; exceptions.Sec. 24-92. Same—Prohibited on private property.Sec. 24-93. Same—Exception for campaign posters.Sec. 24-94. Same—Exception for periodic carnivals and shows.Secs. 24-95—24-120. Reserved.

Article V. Weapons

Sec. 24-121. Concealed weapons.Sec. 24-122. Discharge of firearms and other weapons.Secs. 24-123—24-160. Reserved.

Article VI. Curfew for Minors

Sec. 24-161. Reserved.Sec. 24-162. Purpose.Sec. 24-163. Enforcement.Sec. 24-164. Penalty.Sec. 24-165. Time limits.Sec. 24-166. Exceptions.Sec. 24-167. Responsibility of adults.Sec. 24-168. Responsibility of business establishments.

*Cross references—Law enforcement, ch. 22; traffic and vehicles, ch. 32.State law reference—State criminal code, G.S. ch. 14.

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Sec. 24-169. Aiding and abetting by adult, guardian or parent.Sec. 24-170. Refusal of custodian to take custody of a minor.

Article VII. Indecent/Obscene Exposure

Sec. 24-171. Reserved.

TOWN OF AURORA CODE

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Sec. 24-1. Human waste.

No person shall urinate or deposit any human waste of any kind on any street, sidewalk, lotor premises except in approved sanitary facilities.(Code 1979, § 8-5004)

Sec. 24-2. Spinning of tires prohibited.

It shall be unlawful for any motor vehicle operator within the limits of the town, either froma standing position, or while the car is in forward or backward motion, to suddenly acceleratethe motor vehicle to the extent that such motor vehicle is caused to rapidly gain speed,wherein, to spin, squealing the tires, or throwing rocks or other objects in the road to the rear,to the end that "scratching off" is expressly prohibited as a public nuisance and driving hazard,in violation of the terms of this section.(Code 1979, § 8-6011)


Editor’s note—Pursuant to a motion made and passed at the Sept. 13, 2004, meeting of theboard of commissioners to rescind the local ordinances concerning public safety previouslyadopted by the board, and at the direction of the city clerk, former §§ 24-3—24-8, whichpertained to general offenses and derived from an ordinance adopted Feb. 3, 2003; anordinance adopted Aug. 4, 2003; an ordinance adopted Sept. 8, 2003; and an ordinance adoptedNov. 3, 2004, have been deleted.


ARTICLE II. SWIMMING

Sec. 24-31. Swimming in posted areas.

(a) It shall be unlawful for any person to swim, bathe, or wade in any waters or waterwaysin or adjacent to the posted areas at any time; provided, that this section shall not be deemedto prohibit lifesaving or rescue actions to save or assist any person in danger of drowning.

(b) The public works director is hereby authorized to post signs of an appropriate size andnumber around the perimeter and on any roads or paths leading to it stating, "Swimmingprohibited at all times."(Ord. of 7-8-1980, § 1)


(a) Violation of this article shall subject the offender to a civil penalty in the amount of$25.00 to be recovered by the town. Violators shall be issued a written citation which must bepaid within 72 hours.

§ 24-32OFFENSES AND MISCELLANEOUS PROVISIONS

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(b) Notwithstanding subsection (a) of this section, this article may also be enforced byappropriate equitable remedies issuing from a court of competent jurisdiction.(Ord. of 7-8-1980, § 1)


ARTICLE III. SMOKING


The following words, terms, and phrases when used in this article, shall have the meaningsascribed to them in this section, except where the context clearly indicates a different meaning:

Smoking means the inhaling, exhaling, burning or carrying of a lighted pipe, cigar, cigaretteor other combustible tobacco product.


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(Ord. of 9-13-1993, § 1)Cross reference—Definitions generally, § 1-2.


Violation of this article shall constitute a misdemeanor punishable in accordance with G.S.14-4.(Ord. of 9-13-1993, § 4)

Sec. 24-63. Smoking prohibited.

(a) Municipal buildings. It shall be unlawful for any person to smoke in any building orfacility or portion of a building or facility owned, leased, operated, occupied, managed orcontrolled by the town.

(b) Municipal vehicles. It shall be unlawful for any person to smoke in any vehicle ownedor leased by the town.(Ord. of 9-13-1993, §§ 2, 3)


ARTICLE IV. PRINTED MATTER

Sec. 24-91. Posting of printed matter—Prohibited on public property; exceptions.

(a) Prohibited. It shall be unlawful for any person to post, nail, stick, or otherwise affix bills,posters, advertisements, notices or any other printed or graphic matter upon public propertyin the town.

(b) Exceptions. This section shall not apply to notices, signs, or advertisements required tobe posted by law, signs or plates on residential premises giving the name or address of theoccupant, mailboxes or newspaper tubes, municipal, county, state and federal traffic signs,historical markers, monuments or signs erected by public authority, temporary displays as apart of customary holiday decorations, and signs denoting the location of undergroundutilities.(Code 1979, § 8-6006)

Sec. 24-92. Same—Prohibited on private property.

It shall be unlawful for any person to nail, stick, or otherwise affix bills, posters,advertisements, notices or other printed or graphic matter upon private property within thetown without the consent of the owner.(Code 1979, § 8-6007)


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Sec. 24-93. Same—Exception for campaign posters.

Notwithstanding sections 24-91 and 24-92, it shall be lawful to post or affix printed orgraphic materials upon public property in the town for up to 60 days preceding a national,state, or local election or referendum to be held in the town, when the materials relate to thecandidates seeking election or the political issues being voted upon. Provided, however, thechief of police may require the giving of a bond by those posting any election-related materials,the amount of the bond to be commensurate with the cost of removing the election materialsso posted. If the election-related materials are not removed within 30 days following thescheduled election, the bond shall be retained by the town to defray the costs of removing anyelection-related posters and materials.(Code 1979, § 8-6008)

Sec. 24-94. Same—Exception for periodic carnivals and shows.

Notwithstanding sections 24-91 through 24-93, it shall be lawful to affix temporary bannersor signs advertising the place and date of fairs, carnivals, horse shows and similar events tobe observed within the town for a period not to exceed 30 days, and after the giving of a bondwhich the chief of police may require, the amount of the bond to be commensurate with the costof removing the banners or signs. If the signs or banners are not removed within the 30-dayperiod, the bond shall be retained by the town to defray the costs of removing the banners orsigns.(Code 1979, § 8-6009)


ARTICLE V. WEAPONS*

Sec. 24-121. Concealed weapons.

(a) Posting of signs required. The public works director is hereby authorized and instructedto post conspicuous signage at appropriate locations on or within each park and each buildingor portion of a building owned, leased as lessee, operated, occupied, managed or controlled bythe town, as well as the appurtenant premises to such buildings, indicating that carrying aconcealed handgun is prohibited therein.

(b) Location of signs. Signs on buildings shall be visibly posted on the exterior of eachentrance by which the general public can access the building. The public works director shallexercise discretion in determining the number and appropriate location of signs to be placedon or within appurtenant premises and parks.(Ord. of 11-6-1995, § 2)

State law reference—Posting concealed weapons signs, G.S. 14-415.23.

*State law references—Authority to regulate the discharge of firearms, G.S. 160A-189;authority to regulate pellet guns, G.S. 160A-190.


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Sec. 24-122. Discharge of firearms and other weapons.

(a) It shall be unlawful for any person to fire or discharge any rifle, gun, pistol, pellet gun,air gun, air pistol, or air rifle within the town, on or off his premises, in sport or amusement.

(b) Any person who shall knowingly and willfully permit his minor child under 18 years ofage to discharge, fire, shoot, or operate, within the corporate limits of the town any air rifle, BBgun, or pellet gun, shall be guilty of a misdemeanor, punishable as provided in section 1-12 ormay be subject to a civil penalty in the nature of a debt.(Code 1979, § 8-1004)


ARTICLE VI. CURFEW FOR MINORS


Editor’s note—Pursuant to a motion made and passed at the Sept. 13, 2004, meeting of theboard of commissioners to rescind the local ordinances concerning public safety previouslyadopted by the board, and at the direction of the city clerk, former § 24-161, which pertainedto definitions regarding the curfew for minors and derived from an ordinance adopted Feb. 3,2003, has been deleted.



The purpose of this article shall be to establish a curfew for minors in the town.Unsupervised minors are particularly vulnerable to being induced to participate in drug abuseand other criminal activities during the nighttime. Minors often lack the ability to makeinformed, mature decisions when faced with the temptation to engage in criminal activities.Also, it is important that parents be encouraged to take an active role in the proper upbringingof their children. Furthermore, there is need to protect businesses and other persons fromvandalism and other types of criminal activities frequently committed by minors. This sectionwill assist parents in the difficult task of childrearing and the town in regulating thoseactivities which are detrimental to the health, safety and welfare of its citizens and to thepeace and dignity of the town.(Ord. of 2-3-2003(1))

Sec. 24-163. Enforcement.

(a) When a minor is found to be in violation of this article a police officer will, by telephone,check with the police department to determine if the minor is a first offender. If so, he will betaken to the residence of his custodian. A written warning will be given to the custodian andthe officer will take an information report. The report shall include the name of the minor andthe custodian, the time, date and location of the offense. This report will be turned into thepolice department and kept on file.


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(b) If, upon checking with the police department, the minor is found to be a repeat offender,he will be taken to the residence of his custodian and the custodian may be issued a criminalcitation charging him with a violation of this article.

(c) If the minor is found to be a repeat offender, the minor may be treated as a delinquentjuvenile.

(d) If the minor is under 12 years of age a report will be made and a copy forwarded to thecounty department of social services.(Ord. of 2-3-2003(1))

Sec. 24-164. Penalty.

Any person who violates this article shall be guilty of a misdemeanor and shall be fined notmore than $50.00, or imprisoned for not more than 30 days.(Ord. of 2-3-2003(1))

Sec. 24-165. Time limits.

It is unlawful for any minor to be or remain upon any public place within the town or on anyproperty or right-of-way belonging to the town and located outside the corporate limits of thetown between the hours of 11:00 p.m. and 5:00 a.m. on Friday and Saturday; or between thehours of 10:00 p.m. to 5:00 a.m. on Sunday, Monday, Tuesday, Wednesday, Thursday.(Ord. of 2-3-2003(1))


The restrictions provided by section 24-165 shall not apply to any minor who is:

(1) Accompanied by his custodian;

(2) Accompanied by a responsible person over the age of 18 who has the writtenpermission of the minor's custodian to have the minor under his supervision;

(3) Traveling in connection with his employment, religious activity or attendance at afunction sponsored by the town or a school;

(4) Temporarily within the town or on town property while engaged in interstate travel; or

(5) Attempting to obtain assistance in a medical emergency.(Ord. of 2-3-2003(1))

Sec. 24-167. Responsibility of adults.

It is unlawful for any custodian to allow or permit any minor to be in or upon, or remain inor upon a public place within the town or on any property or right-of-way belonging to the townand located outside the corporate limits of the town, within the curfew hours set by section24-165, except as provided in section 24-166.(Ord. of 2-3-2003(1))


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Sec. 24-168. Responsibility of business establishments.

It is unlawful for any person operating a place of business or amusement to allow or permitany minor to be in or upon, or to remain in or upon the premises of such place of business oramusement within the curfew hours set by section 24-165, except as provided in section24-166.(Ord. of 2-3-2003(1))

Sec. 24-169. Aiding and abetting by adult, guardian or parent.

It shall be a violation of this article for any person over 18 years of age to aid or abet a minorin the violation of section 24-165.(Ord. of 2-3-2003(1))

Sec. 24-170. Refusal of custodian to take custody of a minor.

If the custodian of a minor found to be in violation of this article refuses to take custody ofsuch minor, the officer having custody of the minor shall contact the county department ofsocial services, and release the minor to that agency, pending further investigation by thepolice department and the department of social services. The custodian may be issued acriminal citation charging him with a violation of this article.(Ord. of 2-3-2003(1))

ARTICLE VII. INDECENT/OBSCENE EXPOSURE


Editor’s note—Pursuant to a motion made and passed at the Sept. 13, 2004, meeting of theboard of commissioners to rescind the local ordinances concerning public safety previouslyadopted by the board, and at the direction of the city clerk, former § 24-171, which pertainedto indecent/obscene exposure and derived from an ordinance adopted July 7, 2003, has beendeleted.


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Chapter 25

RESERVED

CD25:1


Chapter 26

SOLID WASTE MANAGEMENT*

Sec. 26-1. Garbage required to be promptly removed.Sec. 26-2. Schedule for garbage collection.Sec. 26-3. Receptacles for household garbage.Sec. 26-4. Receptacles for yard waste.Sec. 26-5. Construction waste.Sec. 26-6. Receptacles for certain business establishments.Sec. 26-7. Cans and containers to be kept clean.Sec. 26-8. Placing cans or containers on street right-of-way.Sec. 26-9. Removal of dead animals.

*Cross references—Buildings and building regulations, ch. 10; environment and health,ch. 16; utilities, ch. 34.

State law references—Regulation of placing of trash, garbage and refuse, G.S. 160A-303.1; public enterprises, G.S. 160A-311 et seq.

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Sec. 26-1. Garbage required to be promptly removed.

No garbage that has become decayed or that shall be a menace to health or cleanliness shallbe allowed to remain in any building or on any premises longer than is necessary to removeand deposit such garbage in a garbage can or container.(Code 1979, § 4-2001)

Sec. 26-2. Schedule for garbage collection.

The times and fees for garbage and refuse collection will be set from time to time by the townboard and such schedule is on file and available in the town clerk's office.(Code 1979, § 4-2002)

Sec. 26-3. Receptacles for household garbage.

All garbage except recyclable materials is to be placed in a container provided by the town,through its contracted agent. It shall be kept closed, with a tightfitting, flyproof top. Recyclablematerials are aluminum cans. Aluminum cans can be placed in plastic bags, and placed on topof the trash container for pickup on normal pickup days.(Code 1979, § 4-2003)

Sec. 26-4. Receptacles for yard waste.

Absolutely no household trash, paper, plastic, metal, animal waste or other materials areallowed for yard waste pickup. Tree or brush limbs must not exceed four inches in diameterand a quantity of 150 cubic feet (approximately one pick-up truckload). Refuse must be placedbeside the street for pick up. Leaves, trimmings or grasses must be deposited in cans orcontainers or tied up in bags which can be easily handled by one man. No stumps or root matcan be included unless it is totally cleaned of dirt and sand material.(Code 1979, § 4-2004; Ord. of 5-5-2003(1))

Sec. 26-5. Construction waste.

Construction waste is not to be moved by the town garbage truck. A town garbage truckshall not remove building or construction wastes.(Code 1979, § 4-2005)

Cross reference—Buildings and building regulations, ch. 10.

Sec. 26-6. Receptacles for certain business establishments.

The proprietor of every business and the occupant of every building where garbageaccumulates shall provide themselves with ratproof garbage receptacles which shall beprovided with a cover, which cover shall at all times be kept on the garbage receptacle. Theterm "garbage" as used in this section means table refuse, feeds, food stuffs, and other ediblematerials attractive to and consumed by rodents.(Code 1979, § 4-2006)

§ 26-6SOLID WASTE MANAGEMENT

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Sec. 26-7. Cans and containers to be kept clean.

Garbage cans or containers must be kept clean.(Code 1979, § 4-2007)

Sec. 26-8. Placing cans or containers on street right-of-way.

Garbage cans or containers must be placed on the street right-of-way only on pickup daysand must be removed from the street right-of-way on the day during which the garbage ispicked up.(Code 1979, § 4-2008)

Cross reference—Trash receptacles, § 28-6.

Sec. 26-9. Removal of dead animals.

Dead animals will be removed off the streets and sidewalks by the town during normalworking hours.(Code 1979, § 4-2009)

Cross reference—Animals, ch. 8.


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Chapter 27

RESERVED

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Chapter 28

STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES*


Sec. 28-1. Board approval of new streets.Sec. 28-2. Prohibited interference with traffic.Sec. 28-3. Prohibited and restricted activities.Sec. 28-4. Shrubs and limbs or vegetation at intersections to be trimmed or cut.Sec. 28-5. Maintenance of public areas.Sec. 28-6. Trash receptacles.Secs. 28-7—28-30. Reserved.

Article II. Excavations and Construction


Sec. 28-31. Construction near sidewalk.Sec. 28-32. Construction of sheds and awnings near sidewalks.Sec. 28-33. Damage to municipal property.Sec. 28-34. Erecting poles.Secs. 28-35—28-50. Reserved.

Division 2. Excavations

Sec. 28-51. Excavations.Sec. 28-52. Dangerous conditions, protection.Sec. 28-53. Liability for excavations.Sec. 28-54. Street repair; violations.Secs. 28-55—28-70. Reserved.

Division 3. Sidewalks

Sec. 28-71. Permit to construct sidewalk; violation.Sec. 28-72. Presentation of bills; town warrant or check.Sec. 28-73. Cost of permit.Secs. 28-74—28-90. Reserved.

Division 4. Driveways

Sec. 28-91. Permit required.Sec. 28-92. Application.

*Cross references—Any ordinance opening, relocating, closing, altering or naming anystreet or alley saved from repeal, § 1-3(3); buildings and building regulations, ch. 10; peddlersand solicitors, § 12-91 et seq.; environment and health, ch. 16; floods, ch. 20; subdivisions, ch.30; traffic and vehicles, ch. 32; one-way streets and alleys, § 32-76; through streets designated,§ 32-77; vehicles on sidewalk prohibited, § 32-78; utilities, ch. 34; vehicles for hire, ch. 36;zoning, ch. 38.

State law reference—Establishment of and control over municipal streets, G.S. 160A-296.

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Sec. 28-93. Standards.Secs. 28-94—28-110. Reserved.

Article III. Parades

Sec. 28-111. Definitions.Sec. 28-112. Certain activities prohibited.Sec. 28-113. Interference prohibited.Sec. 28-114. Permit required.Sec. 28-115. Requirements and issuance of permits.Sec. 28-116. Standards.Sec. 28-117. Revocation of permit.Sec. 28-118. Exceptions.

TOWN OF AURORA CODE

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Sec. 28-1. Board approval of new streets.

Before any new street offered for dedication to the town is accepted as such, and officiallyrecognized as a town maintained street, the board must give its approval, finding that:

(1) The street complies with engineering standards set by the board; and

(2) The best interests of the town would be served by accepting the street as a town street.(Code 1979, § 4-1001)

Sec. 28-2. Prohibited interference with traffic.

(a) Assembly on streets and sidewalks. Except as provided in article III of this chapter, itshall be unlawful for crowds or assemblages of persons to congregate on the streets orsidewalks of the town in such a way as to unnecessarily interfere with pedestrian or vehiculartraffic. Any persons refusing to disperse upon being so ordered by a police officer shall be guiltyof a misdemeanor.

(b) Placing objects on streets and sidewalks. No brick, stone or wood or other substancesobstructing the free passage of persons and vehicles shall be placed or suffered to lie in any ofthe alley ways, streets or other routes of the town, nor shall any person place on or in any ofthe streets, sidewalks or alley ways of the town any boxes, crates, casks, or barrels of anydescription, or any other obstruction of any kind. Provided that any person erecting a building,may with permission, place building material for immediate use on the streets in such a wayas to not interfere with the usual traffic.(Code 1979, §§ 6-2001, 6-2002)

Sec. 28-3. Prohibited and restricted activities.

(a) Display of goods. It shall be unlawful for merchandise to be displayed by any person lessthan ten feet from the street side of the sidewalks on Main Street or less than ten feet from theedge of Fourth Street in the town, unless a special permit is first obtained from the board ofcommissioners.

(b) Throwing sharp objects on streets. It shall be unlawful to throw or deposit any glass,bottles, crockery, tacks, nails, hoops, wood, or other materials with nails, tacks or any othersharp pointed or sharp edged materials projecting through same on the streets or sidewalks ofthe town.

(c) Riding bicycles. It shall be unlawful to ride a bicycle upon the sidewalks of the town.

(d) Damaging streets. It shall be unlawful for any person to drag, or run or cause to bedragged or run any harrow or other implement, engine, machine or tool upon any asphalt orother type of permanently paved street of the town which shall be liable in any way to injureor cut the surface thereof.

§ 28-3STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES

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(e) House moving. No person shall move any house or building upon or across the publicstreets or sidewalks without the written consent of the board and the deposit of a good andsufficient bond to cover damage done to any street or sidewalk or to any property of any person.(Code 1979, §§ 4-1026, 4-1029, 6-2003, 6-2007, 6-2008)

State law reference—Housemovers to comply with municipal regulations, G.S. 20-368.

Sec. 28-4. Shrubs and limbs or vegetation at intersections to be trimmed or cut.

(a) Shrubs, tree limbs or other vegetation in the town shall be trimmed or cut in order topresent an unobstructed view of the intersecting street to the right and left of a distance of atleast 200 feet.

(b) If any person fails to trim or cut such shrubs or tree limbs or other vegetation afternotice from the town clerk or chief of police, he shall be deemed to have violated thissubsection, and the street commissioner shall proceed to have such shrubs or tree limbs orother vegetation removed.(Code 1979, § 6-2006)

Sec. 28-5. Maintenance of public areas.

Every owner, lessee, tenant, occupant or other person in charge of any commercialestablishment or premises which maintains any paved or unpaved areas for the use of thepublic, either for parking or as access areas and incident to the carrying on of the principalbusiness of any commercial establishment or premises and which parking or access areas abutor lie within ten feet of any public street or other public way, shall keep and maintain the areasclean and free from trash, litter, rubbish and any materials liable to be blown, deposited or castupon the street or other public way.(Code 1979, § 6-2013)

Sec. 28-6. Trash receptacles.

Suitable receptacles may be provided in parking or access areas within the meaning ofsection 28-5. The receptacles shall be plainly marked and constructed to prevent scattering ofany trash, litter, rubbish or other materials deposited therein.(Code 1979, § 6-2014)

Cross reference—Placing cans or containers on street right-of-way, § 26-8.



CD28:4


ARTICLE II. EXCAVATIONS AND CONSTRUCTION


Sec. 28-31. Construction near sidewalk.

Before building or remodeling at any place which is in close proximity to the sidewalk, apassageway shall be constructed so as to leave the sidewalk unobstructed and provide safe andeasy passage.(Code 1979, § 6-2004)

Sec. 28-32. Construction of sheds and awnings near sidewalks.

It shall be unlawful for any person to construct or erect, or cause to be constructed orerected, any structure, and particularly any awning or similar structure, over any sidewalk orany part of any sidewalk of the town unless such structure is at least seven feet above thesurface of such sidewalk; this restriction is in addition to other restrictions which apply to suchstructures.(Code 1979, § 6-2005)

Sec. 28-33. Damage to municipal property.

No person shall injure, tamper with, remove, paint upon or deface any bridge, culvert, ditchand drain, sign, signpost, streetlight, traffic signal, bulletin board or other municipal propertyupon the streets and sidewalks or elsewhere except employees of the town in the performanceof their duties.(Code 1979, § 4-1030)

Sec. 28-34. Erecting poles.

It shall be unlawful for any person, firm or corporation to erect or cause to be erected anypole on the streets or sidewalks of the town without first obtaining permission from the board.(Code 1979, § 4-1028)


DIVISION 2. EXCAVATIONS

Sec. 28-51. Excavations.

(a) Permit required. No person shall make any excavation or opening or dig any ditch,trench, tunnel or hole in, along, across or under any street, sidewalk or other public place forthe purpose of laying or placing therein any pipe, wires or poles or for any other purposesunless a written permit therefor has been issued by the director of public works or some otherofficer of the town vested with authority; provided, that a permit shall not be required wherethe work is performed under a contract with the town but if the work requires a sidewalk or


CD28:5


street to be wholly or partially obstructed, the person shall notify the clerk, the public worksdepartment and the police department at least two hours before obstructing the sidewalk orstreet, unless prevented by sudden emergency.

(b) Application for permit; fees. All persons desiring a permit to make an opening in anystreet or sidewalk, as set forth in subsection (a) of this section, shall make written applicationtherefor, which application shall show the location of the proposed opening, the purposetherefor and the approximate number of square yards of surface to be cut. The applicationshall be accompanied by a fee which shall be established by the board.(Code 1979, §§ 4-1021, 4-1022)

Sec. 28-52. Dangerous conditions, protection.

(a) It shall be unlawful for any person who obtains a permit under the sections of thisarticle to do any excavation of any kind which may create or cause a dangerous condition in ornear any street, alley, sidewalk or public place of the town without placing and maintainingproper guard rails three feet from the ground and signal lights or other warnings at, in oraround the same, sufficient to warn the public of the excavation or work, and to protect allpersons using reasonable care from injuries on account of the excavation or work.

(b) It shall be unlawful to cut drains or ditches across the sidewalks or streets unless boxingis used and the drains or ditches covered on a level with the sidewalk.(Code 1979, § 4-1025)

Sec. 28-53. Liability for excavations.

Any person obtaining a permit as provided for in section 28-51 agrees as a condition of theissuance of the permit, to indemnify and hold harmless the town against any claims orexpenses, including attorney's fees for bodily injury or property damage for accidents oroccurrences arising out of the person's operations, excluding only the liability of the town forits sole negligence except in connection with general supervision of work performed by theperson.(Code 1979, § 4-1023)

Sec. 28-54. Street repair; violations.

(a) Repairs. When any part of any street, sidewalk, alley or other public place of the townshall be torn or dug up for any purpose, the person making the excavation or opening shallhave the duty of refilling the excavation or opening, and the refilling shall be done inaccordance with the standards and specifications issued by the director of public works or hisduly authorized representative.

(b) Violations. Any person neglecting, refusing, or failing to comply with any provisions ofthis section shall be guilty of a violation thereof; and where any neglect, refusal or failure iscontinued, after notice from the director or his authorized representative, every day'scontinuance thereafter shall constitute a separate and distinct offense.(Code 1979, § 4-1024)


CD28:6



DIVISION 3. SIDEWALKS

Sec. 28-71. Permit to construct sidewalk; violation.

(a) When any person shall build a sidewalk within the town limits, he shall first apply tothe town clerk for permission to inspect the specifications entitled "Sidewalk Specifications forthe Town of Aurora." He shall then obtain from the town clerk a permit to construct thesidewalk; which must at all times comply with the specifications.

(b) Any person who shall violate any of the articles of the sidewalk specifications, shall beguilty of a misdemeanor.(Code 1979, § 4-1027(a))

Sec. 28-72. Presentation of bills; town warrant or check.

When any person shall have constructed a sidewalk according to the specificationsreferenced in subsection 28-71(a) he shall present all bills for the construction marked "Paidone-half"; and if the cost of construction is not out of line, that is, based upon the cost ofmaterials and a reasonable margin of profit for the contractor, and not above that price usuallycharged at other places, then the town clerk is hereby authorized to issue the town's warrantor check for one-half of the total cost of the sidewalk, but in no case shall such warrant or checkexceed one-half of the total cost of the sidewalk.(Code 1979, § 4-1027(b))

Sec. 28-73. Cost of permit.

When any person shall apply for a permit to build a sidewalk, he shall pay to the town clerka sum to be set by the board to cover the costs of issuing such permit.(Code 1979, § 4-1027(c))


DIVISION 4. DRIVEWAYS

Sec. 28-91. Permit required.

No person shall begin to construct, reconstruct, repair, alter, or grade any driveway on thepublic streets, unless a written permit therefor has been issued by the town.(Code 1979, § 4-1031)


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Sec. 28-92. Application.

(a) Contents. All persons desiring a driveway permit shall make application therefor, whichapplication shall show:

(1) The name and address of the owner or agent in charge of the property abutting theproposed work area;

(2) The name and address of the party doing the work;

(3) The location of the work area;

(4) Attached plans showing details of the proposed alteration;

(5) The estimated cost of the alteration; and

(6) Other information as the issuing officer shall find reasonably necessary to thedetermination of whether a permit should be issued under this division.

(b) Fee. The application shall be accompanied by a fee which shall be established by theboard.(Code 1979, § 4-1032)

Sec. 28-93. Standards.

The town clerk shall issue a driveway permit pursuant to this division when he finds:

(1) That the plans for the proposed operation have been approved by the director of publicworks, to whom they shall be forwarded by the town clerk within a reasonable timeafter receipt thereof;

(2) That the work shall be done according to the standard specifications of the town forpublic work of like character;

(3) That the operation will not unreasonably interfere with vehicular and pedestriantraffic, the demand and necessity for parking spaces, and the means of ingress to andegress from the property affected and adjacent properties; and

(4) That the health, welfare and safety of the public will not be unreasonably impaired.(Code 1979, § 4-1033)


ARTICLE III. PARADES*



Block means that portion of any street lying between its intersections with other streets.

*State law references—Authority to regulate processions and assemblages, G.S. 20-169;mass gatherings, G.S. 130A-258.


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Group demonstration means any assembly together or concert of action between or amongtwo or more persons for the purpose of protesting any matter or of making known any positionor promotion of the persons, or of or on behalf of any organization or class of persons, or for thepurpose of attracting attention to the assembly.

Parade means any assemblage of two or more persons participating in or operating anyvehicle in any march, ceremony, show, exhibition or procession of any kind in or upon thepublic streets, sidewalks, alleys, parks, or other public grounds or places.

Picket line means any two or more persons formed together for the purpose of makingknown any position or promotion of the persons, or on behalf of any organization or class ofpersons.(Code 1979, § 6-2021)


Sec. 28-112. Certain activities prohibited.

The following acts or activities, when performed or undertaken in conjunction with or as apart of, any parade, picket line, or group demonstration, are hereby prohibited and declaredunlawful:

(1) The carrying on or about the person of any firearm, or any weapon or article, includingbut not limited to blackjacks, nightsticks, or flashlights which by their use mightconstitute a deadly weapon.

(2) The taking or keeping of any dog or other vicious animal, whether leashed orunleashed.

(Code 1979, § 6-2025)

Sec. 28-113. Interference prohibited.

No person shall hamper, obstruct, impede, or interfere with any parade, picket line, or groupdemonstration being conducted under authority of a permit duly issued by the chief of police.(Code 1979, § 6-2027)


It shall be unlawful for any person to organize, conduct or participate in any parade, picketline or group demonstration in or upon any street, sidewalk, alley, or other public place withinthe town unless a permit therefor has been issued by the town in accordance with this article.(Code 1979, § 6-2022)

Sec. 28-115. Requirements and issuance of permits.

The chief of police or his designee shall issue permits as required in section 28-114, and inthe issuance thereof he shall:

(1) Require a written application for the permit to be filed not less than 24 hours inadvance of the parade, picket line, or group demonstration which application shallspecify the time and place for the commencement of any picket line and the time, place,route, and duration of any parade or group demonstration.


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(2) Require that the application for a permit specify whether or not minors below the ageof 18 years will be permitted to participate.

(3) Require that the application for a permit shall specify and the permit shall designatethe person in charge of the activity. The person shall be required to accompany theparade, picket line, or group demonstration and shall carry the permit with him at thattime. The permit shall not be valid in the possession of any other person.

(Code 1979, § 6-2024)

Sec. 28-116. Standards.

The chief of police shall not issue a permit for the proposed parade if he finds that:

(1) The parades, picket lines or group demonstrations are to commence before 6:00 a.m. orterminate after 9:00 p.m.

(2) The parades or group demonstrations are to be held at the same time and place asthose designated in a permit issued pursuant to a written application previouslyreceived by the chief of police or his designee.

(3) The conduct of the parade will substantially interrupt the safe and orderly movementof other traffic contiguous to its route.

(4) The conduct of the parade will require the diversion of so great a number of policeofficers of the town to properly police the line of movement of the parade and ofcontiguous areas so that adequate police protection cannot be provided to theremainder of the town.

(5) The conduct of the parade will require the diversion of so great a number ofambulances so that adequate ambulance service to portions of the town not occupiedby the parade and contiguous areas will be prevented.

(6) The concentration of persons, animals and vehicles at assembly points of the paradewill substantially interfere with adequate fire and police protection of, or ambulanceservice to, areas contiguous to the assembly areas.

(7) The conduct of the parade is reasonably likely to result in violence to persons orproperty causing serious harm to the public.

(8) The parade is to be held for the primary purpose of advertising a product, goods, or anevent, and is designed to be held primarily for private profit.

(9) The conduct of the parade will interfere with the movement of firefighting equipmentto such an extent that adequate fire protection cannot be provided to the town.

(Code 1979, § 6-2023)

Sec. 28-117. Revocation of permit.

The chief of police shall revoke any permit granted for a parade, picket line, or groupdemonstration for any of the following causes:

(1) The violation by any participant of section 28-112.


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(2) The failure to comply with the terms and conditions of the permit.(Code 1979, § 6-2026)


This article shall not apply to:

(1) Funeral processions.

(2) Any governmental agency acting within the scope of its functions.(Code 1979, § 6-2029)


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Chapter 29

RESERVED

CD29:1


Chapter 30

SUBDIVISIONS*


Sec. 30-1. Title.Sec. 30-2. Intent.Sec. 30-3. Authority.Sec. 30-4. Jurisdiction.Sec. 30-5. Definitions.Sec. 30-6. Prerequisite for plat recordation.Sec. 30-7. Acceptance of public services.Sec. 30-8. Violations; penalties.Sec. 30-9. Final authority.Sec. 30-10. Procedure for plat approval.Sec. 30-11. Statement by owner.Sec. 30-12. Effect of plat approval on dedications.Sec. 30-13. Variances.Sec. 30-14. Amendments.Sec. 30-15. Abrogation.Sec. 30-16. Zoning and other plans.Secs. 30-17—30-50. Reserved.

Article II. Review and Approval of Plats


Sec. 30-51. Overview.Sec. 30-52. Sketch design plan.Sec. 30-53. Study by technical review committee.Sec. 30-54. Approval of sketch plan.Secs. 30-55—30-80. Reserved.

Division 2. Preliminary Plats

Sec. 30-81. Submission requirements.Sec. 30-82. Contents required.Sec. 30-83. Study by technical review committee.Sec. 30-84. Public hearing.Sec. 30-85. Preliminary approval.Secs. 30-86—30-110. Reserved.

*Cross references—Buildings and building regulations, ch. 10; environment and health,ch. 16; floods, ch. 20; streets, sidewalks, and other public places, ch. 28; utilities, ch. 34; zoning,ch. 38.

State law reference—Authority to regulate subdivisions, G.S. 160A-371 et seq.

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Division 3. Final Plats

Sec. 30-111. Public improvements installation or guarantees.Sec. 30-112. Performance guarantee.Sec. 30-113. Final plat review relationship to performance guarantees.Sec. 30-114. Defects guarantee.Sec. 30-115. Final plat review contingent upon execution of guarantees.Sec. 30-116. Final plat.Sec. 30-117. Plat submitted.Sec. 30-118. Plat prepared.Sec. 30-119. Final plat requirements.Sec. 30-120. Contents required.Sec. 30-121. Maintenance guarantee.Sec. 30-122. Review procedure.Sec. 30-123. Effect of plat approval on dedications.Sec. 30-124. Disposition of copies.Sec. 30-125. Recording of the final plat.Sec. 30-126. Resubdivision procedures.Sec. 30-127. Plat may be required on any subdivision of land.Secs. 30-128—30-150. Reserved.

Article III. Improvements and Minimum Standards of Design

Sec. 30-151. Name of subdivision.Sec. 30-152. General design standards.Sec. 30-153. Site conditions.Sec. 30-154. Natural assets.Sec. 30-155. Suitability of land.Sec. 30-156. Physical improvements.Sec. 30-157. Streets.Sec. 30-158. Blocks.Sec. 30-159. Water and sewerage systems.Sec. 30-160. Easements.

TOWN OF AURORA CODE

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Sec. 30-1. Title.

This chapter shall be known, cited and referred to as the "Subdivision Regulations" of thetown.(Ord. of 12-7-1998(2), § 9-3001)

Sec. 30-2. Intent.

(a) The purpose of this chapter is to:

(1) Establish reasonable and uniform procedures and standards for the orderly growthand development of the town and its planning jurisdiction in accordance with the townland use plan, as amended and supplemented.

(2) Provide for the coordination of streets and highways within proposed subdivisions withexisting or planned streets and highways and with other public facilities.

(3) Provide for the dedication or reservation of recreation areas serving residents of theimmediate neighborhood within the subdivision.

(4) Provide for the dedication or reservation of rights-of-way or easements for street andutility purposes.

(5) Provide for the distribution of population and traffic in a manner that will avoidcongestion and overcrowding and will create conditions essential to public health,safety, and the general welfare.

(6) Provide for the more orderly development of subdivisions by construction of commu-nity service facilities in town policies and standards.

(b) In addition, this chapter is designed to encourage the wise, productive, and beneficialuse of the natural resources of the town, to maintain a healthy and pleasant environment, andto preserve the natural historical beauty of the town and its territorial jurisdiction.(Ord. of 12-7-1998(2), § 9-3002)

Sec. 30-3. Authority.

This chapter is hereby adopted under the authority and provisions of G.S. ch. 160A-371 etseq., as amended and supplemented.(Ord. of 12-7-1998(2), § 9-3011)

Sec. 30-4. Jurisdiction.

The regulations contained in this chapter, shall govern each and every subdivision withinthe jurisdiction of the town and its extraterritorial planning jurisdiction as directed in section2-2.(Ord. of 12-7-1998(2), § 9-3012)

§ 30-4SUBDIVISIONS

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The following words, terms, and phrases, when used in this chapter, shall have themeanings and construction ascribed to them in this section, except where the context clearlyindicates a different meaning:

Alley means a roadway, other than a street, which affords only a secondary means of accessto abutting property, and which is not intended for general traffic circulation.

Building means any structure having a roof, including, but not limited to tents, awnings,carports, and such devices.

Building setback line means a line parallel to the front property line which establishes theminimum allowable distance between nearest portions of any building, steps, eaves, gutters,and similar fixtures, and the street right-of-way line when measured perpendicularly thereto.

Collector means a road which collects traffic from local roads and streets and serves as themost direct route to a major street or a community facility.

Corner lot means a lot located at the intersection of two or more streets. A lot abutting ona curved street or streets shall be considered a corner lot if straight lines drawn from theforemost points of the side lot lines to the foremost point of the lot meet at an interior angleof less than 135 degrees.

Cul-de-sac means a short street having only one end open to traffic with the opposite endbeing permanently terminated and a vehicular turn-around provided.

Dedication means a gift, by the owner, of a right to the use of land for stated purposes. Adedication must be in writing and in recordable form, and is completed with an acceptance andrecordation.

Easement means a grant in writing and in recordable form by the property owner for use bythe public, a corporation or person of a strip of land for specific reasons.

Interior lot means any lot other than a corner lot.

Local road means a road whose primary purpose is to provide access to adjacent land andfor travel over relatively short distances.

Lot means a portion of a subdivision or any other parcel of land intended as a unit fortransfer of ownership or for development, or both. The term "lot" includes the terms "plot,""parcel" and "tract."

Lot of record means a lot which is part of a subdivision, a plat of which has been recordedin the office of the register of deeds of the county, or a lot described by metes and bounds, thedescription of which has been recorded in the office of the register of deeds in the county.

Minor arterial means a rural link in a network of continuous roads joining cities and largertowns and providing intrastate and intercounty service at relatively high (55 miles per hour)overall travel speeds.


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Open space means an area (land and/or water) generally lacking in manmade structuresand reserved for enjoyment in its unaltered state.

Plat means a map or plan of a parcel of land, which is to be, or has been subdivided.

Principal arterial means a rural link in a network of continuous roads serving vehiclemovements having trip length and travel density characteristics of substantial statewide orinterstate travel. This network would consist of interstate routes and other routes designed asprincipal arterials.

Public water supply means any water supply furnishing potable water to ten or moreresidents or businesses, or a combination of residents and businesses. Approval by the sanitaryengineering division, state board of health, and department of human resources is required.

Reservation means a reservation of land not involving the transfer of property rights inwriting and in recordable form. It simply constitutes an obligation to keep property free fromdevelopment for a stated period of time.

Street means a public dedicated thoroughfare or road, which is maintained by the state orthe town.

Subdivider means any person who subdivides or develops any land deemed to be asubdivision as defined by this chapter.

Subdivision means all divisions of a tract or parcel of land into two or more lots, buildingsites, or other divisions for the purpose of sale or building development (whether immediate orfuture), and shall include all divisions of land involving the dedication of a new street or achange in existing streets; but the following shall not be included within this definition nor besubject to the regulations authorized by this chapter:

(1) The combination or recombination of portions of previously platted lots where the totalnumber of lots is not increased and the resultant lots are equal to or exceed thestandards of the town as shown in its subdivision regulations;

(2) The division of land into parcels greater than ten acres where no street right-of-waydedication is involved;

(3) The public acquisition by purchase of strips of land for the widening or opening ofstreets; and

(4) The division of a tract in single ownership whose entire area is no greater than twoacres into not more than three lots, where no street right-of-way dedication is involvedand where the resultant lots are equal to or exceed the standards of the town, as shownin this chapter.

Through lot and double frontage lot mean a lot other than a corner lot with frontage on morethan one street. Through lots abutting two streets may be referred to as double frontage lots.

§ 30-5SUBDIVISIONS

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Used for shall be considered as though followed by the words "or intended, arranged, ordesigned to be used."(Ord. of 12-7-1998(2), §§ 9-3031—9-3036)


Sec. 30-6. Prerequisite for plat recordation.

After the effective date of the ordinance from which this article is derived, each individualsubdivision plat of land within the town's jurisdiction shall be approved by the board ofcommissioners on recommendation of the planning board.(Ord. of 12-7-1998(2), § 9-3021)

Sec. 30-7. Acceptance of public services.

No street shall be maintained by the town nor street dedication accepted for ownershipand/or maintenance by the town, nor shall water, or sewer or other town facilities or servicesbe extended to or connected within any subdivision until the requirements set forth by thischapter and other applicable regulations, ordinances, and statutes, have been fully compliedwith and a final plan has been approved by the planning board and recorded with the countyregister of deeds. All lots improved after the effective date of the ordinance from which thischapter is derived shall abut a public street. No final plat shall be approved or recordedshowing private streets.(Ord. of 12-7-1998(2), § 9-3026)


Any person who, being the owner or agent of the owner of any land located within theterritorial jurisdiction of this chapter, thereafter subdivides his land in violation of this chapteror transfers or sells land by reference to exhibition of, or any other use of a plat showing asubdivision of the land before the plat has been properly approved under the terms of thischapter and recorded in the office of the county register of deeds, shall be guilty of amisdemeanor. The descriptions by metes and bounds in the instrument of transfer or otherdocument used in the process of selling or transferring land shall not exempt the transactionfrom this penalty. The town through its attorney or other official designated by the board ofcommissioners, may enjoin illegal subdivisions, transfer or sale of land by action for injunction.Further, violators of this chapter shall be subject, upon conviction, to a fine and/or imprison-ment as provided in section 1-12.(Ord. of 12-7-1998(2), § 9-3053)

Sec. 30-9. Final authority.

The town board of commissioners will be the final authority for approval.(Ord of 12-7-1998, art. N)


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Sec. 30-10. Procedure for plat approval.

(a) After the effective date of the ordinance from which this chapter is derived, nosubdivision plat of land within the town jurisdiction shall be filed or recorded until it has beensubmitted to and approved by the board of commissioners upon recommendation of theplanning board as set forth in section 30-6, and until this approval is entered in writing on theface of the plat by the mayor and chairman of the planning board.

(b) The county register of deeds shall not file or record a plat of a subdivision of land locatedwithin the territorial jurisdiction of the town that has not been approved in accordance withthis section, nor shall the clerk of superior court order or direct the recording of a plat if therecording would be in conflict with this section.(Ord. of 12-7-1998(2), § 9-3046)

Sec. 30-11. Statement by owner.

The owner of land shown on a subdivision plat submitted for recording, or his authorizedagent, authorized in writing, shall sign a statement on the plat stating whether or not any landshown thereon is within the subdivision regulation jurisdiction of the town, and consents to thefiling or recording.(Ord. of 12-7-1998(2), § 9-3047)

Sec. 30-12. Effect of plat approval on dedications.

Pursuant to G.S. 1604-374, the approval of a plat shall not be deemed to constitute or effectthe acceptance by the town or public of the dedication of any street or other ground, publicutility, or other public facility shown on the plat. However, the board of commissioners may byresolution accept any dedication made to the public of lands or facilities for streets, parks,public utility lines, or other public purposes, when the lands or facilities are located within thetown's subdivision regulation jurisdiction. Acceptance of dedication of lands or facilitieslocated within its subdivision regulation jurisdiction but outside the corporate limits of thetown shall not place on the town any duty to open, operate, repair, or maintain any street,utility line, or other land, or facility, and the town shall in no event be held to answer in anycivil action or proceeding for failure to open, repair, or maintain any street outside its corporatelimits.(Ord. of 12-7-1998(2), § 9-3048)

Sec. 30-13. Variances.

(a) Generally. Where the planning board finds that extraordinary hardships or practicaldifficulties may result from strict compliance with the regulations in this chapter, other thanthose self-created, or that the interest of the citizens may be served to a greater extent by analternative proposal, it may approve variances to these subdivision regulations so thatsubstantial justice may be done and the public interest secured, provided that such variance

§ 30-13SUBDIVISIONS

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shall not have the effect of nullifying the intent and purpose of this chapter; and furtherprovided the planning board shall make findings based upon the evidence presented to it ineach specific case that:

(1) The granting of the variance will not be detrimental to the public safety, health, orwelfare or injurious to other property.

(2) The conditions upon which the request for a variance is based are unique to theproperty for which the variance is sought and are not applicable generally to otherproperty.

(3) Because of the particular physical surroundings, shape or topographical conditions ofthe specific property involved, a particular hardship to the owner would result, asdistinguished from a mere inconvenience, if the strict letter of this chapter was carriedout.

(4) The variances will not in any manner vary the provisions of chapter 38, pertaining tozoning and land use.

(b) Conditions. In approving variances, the planning board may require such conditions aswill, in its judgement, secure substantially the objectives, standards or requirements of thischapter.

(c) Procedures. A petition for any such variance shall be submitted in writing by thesubdivider at the time when the sketch design plan is filed for the consideration of theplanning board. The petition shall state fully the grounds for the application and all of the factsrelied upon by the petitioner.(Ord. of 12-7-1998(2), § 9-3050)

Sec. 30-14. Amendments.

The board of commissioners may from time to time amend the terms of this chapter, but noamendment shall become effective unless it shall have been proposed by or shall have beensubmitted to the planning board for review and recommendation. The planning board shallhave 45 days within which to submit its report. If the planning board fails to submit its reportwithin the specified time, it shall be assumed to have approved the amendment.(Ord. of 12-7-1998(2), § 9-3051)

Sec. 30-15. Abrogation.

It is not intended that this chapter repeal, abrogate, annul, impair, or interfere with existingeasements, covenants, deed restrictions, agreements, rules, regulations or permits previouslyadopted or issued pursuant to law. However, where this chapter imposes greater restrictions,the provisions of this chapter shall govern.(Ord. of 12-7-1998(2), § 9-3052)


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Sec. 30-16. Zoning and other plans.

Proposed subdivisions must comply in all respects with the requirements of chapter 38pertaining to zoning and land use in the area to be subdivided, and any other officially adoptedplans and municipal ordinances.(Ord. of 12-7-1998(2), § 9-3148)


ARTICLE II. REVIEW AND APPROVAL OF PLATS


Sec. 30-51. Overview.

Pursuant to G. S. 160A-373, no final plat of a subdivision within the jurisdiction of the townas established in section 30-5 shall be recorded by the register of deeds of the county until ithas been approved by the board of commissioners as provided in this chapter. To secure suchapproval of a final plat, the subdivider shall generally follow the procedures established in thisarticle, which basically includes two steps for a minor subdivision and three steps for a majorsubdivision.

(1) Minor subdivision (two lots or fewer).

a. Sketch plan.

b. Final subdivision plat.

(2) Major subdivision (more than two lots).

a. Sketch plan.

b. Preliminary plat.

c. Final subdivision plat.(Ord. of 12-7-1998(2), § 9-3061)

Sec. 30-52. Sketch design plan.

(a) Submission. Prior to the preliminary plat application in the case of major subdivisionsand prior to the final plat application in the case of minor subdivision, the subdivider shallsubmit to the planning board a simple sketch plan of the proposed subdivision. The subdividershall, at this time, discuss the proposed development with the planning board and becomefamiliar with the regulations affecting the land to be subdivided.

(b) Plan requirements.

(1) Format. The sketch design plan shall be made.

(2) Number of copies and graphic media. A minimum of eight copies of a sketch designplan shall be submitted. No specific graphic media must be employed.


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(3) Size of plan and scale. Although no specific size or scale requirements apply to sketchdesign plans, it is recommended that the requirements applicable to preliminary andfinal plats be utilized.

(4) Administrative fees. Administrative fees are charged in connection with the submis-sion of sketch design plans.

(5) Certification. No certificates must be provided in connection with the submission ofsketch design plans.

(c) Contents required.

(1) A sketch vicinity map showing the location of the subdivision in relation to neighboringtracts, subdivisions, roads, and waterways.

(2) The boundaries of the tract, including all land in the same ownership with anindication of the portion which is proposed to be subdivided.

(3) The total acreage to be subdivided.

(4) The existing and proposed uses of the land within the subdivision.

(5) The proposed street and lot layout.

(6) The name, if any, of the proposed subdivision.

(7) The zoning classification of the tract and of adjacent properties.

(8) The name, address, and telephone number of the owner.

(9) The name, address, and telephone number of the engineer/surveyor.(Ord. of 12-7-1998(2), §§ 9-3071—9-3073)

Sec. 30-53. Study by technical review committee.

(a) Committee members. A technical review committee shall be appointed by the board ofcommissioners. This committee shall have five members representing the police department,fire department, planning department, town administration, and public works department.

(b) Transmission and consideration of sketch plans. The technical review committee (TRC)shall transmit the sketch plan for review to appropriate officials or agencies of the local and/orcounty government, school districts, including any review by regional or state bodies whichwould be appropriate under state or federal law. The technical review committee shall requestthat all officials and agencies, to whom a request for review has been made, submit their reportto the TRC within 20 business days after the receipt of the request. The TRC will consider allthe reports submitted by the officials and agencies concerning the sketch plan and shall submita report for proposed action to the planning board for the next available regular meeting. Thetechnical review committee report to the planning board shall in no case be made later than60 business days following the date of application for sketch plan approval.


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(c) Planning board review of technical review committee report on sketch plan. The planningboard shall review the sketch plan and the report from the technical review committee, takinginto consideration the requirements of this article. Particular attention will be given to thearrangement, location and width of streets, sewage disposal, drainage, lot sizes and arrange-ments, the further development of adjoining lands as yet unsubdivided, and the requirements,and recommendations of the town land use plan as adopted by the board of commissioners.After the regular planning board meeting at which the proposed subdivision is first discussed,the planning board may schedule a field trip to the site of the proposed subdivision,accompanied by the owner or his representative.(Ord. of 12-7-1998(2), § 9-3074)

Sec. 30-54. Approval of sketch plan.

After reviewing and discussing the sketch plan and report from the technical reviewcommittee and other reports as submitted by invited agencies and officials, the planning boardwill advise the applicant of the specific changes or additions, if any, it will require in the layout,and the character and extent of required improvements and reservations which it will requireas a result of further study of the subdivision in final form. Such approval shall only constituteauthorization to prepare and submit a preliminary plat in the case of a major subdivision andfinal subdivision plat in the case of a minor subdivision. Such approval or disapproval shall bemade by the planning board within 30 business days after receiving the report of the technicalreview committee.(Ord. of 12-7-1998(2), § 9-3075)


DIVISION 2. PRELIMINARY PLATS

Sec. 30-81. Submission requirements.

(a) Copies to planning board. Based upon the approval of the planning board of the sketchplan for a major subdivision, the applicant shall submit three copies of the preliminary plat,and any supplementary materials, to the planning board at least ten business days prior to theregular meeting of that board, for every subdivision of land classified as major and which islocated within the territorial jurisdiction established by section 2-2 of this Code.

(b) Number of copies and graphic media. Ten copies of the preliminary plat shall besubmitted. No specific graphic media must be employed.

(c) Size of plat and scale. The preliminary plat submitted shall conform to the size and scalerequirements specified on forms for this purpose.

(d) Administrative fees. Administrative fees shall be charged in connection with thesubmission of preliminary plats.


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(e) Certifications. No certifications must be provided in connection with the submission ofpreliminary plats.(Ord. of 12-7-1998(2), §§ 9-3081, 9-3082)

Sec. 30-82. Contents required.

(a) Basic data. The preliminary plat shall depict or contain the following information; platsnot depicting or containing the following data shall be returned to the subdivider, or hisauthorized agent for completion, and resubmission:

(1) The proposed name of the subdivision.

(2) A sketch vicinity map showing the relationship between the proposed subdivision andthe surrounding area at the scale specified on the forms for this purpose.

(3) The boundaries of the tract or portion thereof to be subdivided, distinctly andaccurately represented, with all bearing and distances shown.

(4) Scale, denoted both graphically and numerically.

(5) North arrow and date.

(6) Name, address, and telephone number of the owner, applicant, engineer, and planner.

(b) Additional required data.

(1) The plans for proposed utility layouts, including sanitary sewers, water distributionlines, telephone and electrical service lines, illustrating connections to existingsystems. Plans for water supply and/or sewage disposal must be accompanied byletters of preliminary approval by the appropriate county and state authorities. Plansmust show line sizes, and location of fire hydrants, blowoffs, manholes, pumps, forcemains and gate valves, and shall include profiles based upon mean sea level datum forsanitary and storm sewers.

(2) Site data shall include:

a. Acreage in total tract.

b. Acreage in parks and other nonresidential uses, excluding streets.

c. Total number of parcels created.

d. Linear feet in streets.

(3) The location of existing and platted property lines, streets (public and private),buildings, water sources, railroads, transmission lines, sewers, swales, bridges,culverts, and drainpipes, water mains, town limit lines, and any public utilityeasements.

(4) The names and addresses of owners of adjoining properties and any adjoiningsubdivisions of record, or proposed and under review, with present use.

(5) The zoning classification of the tract to be subdivided, variances, if any, to be required.

(6) Proposed minimum building setback lines.


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(7) Proposed streets, existing and platted streets on adjoining properties and in theproposed subdivision, rights-of-way, pavement widths, approximate grades, designengineering data for all corners and curves and typical street cross sections. If anystreet is proposed to intersect with a state maintained road, the plat shall beaccompanied by an application for driveway approval as required by the department oftransportation, division of highway's manual on driveway regulations.

(8) Proposed lot lines, lot and block numbers and approximate dimensions.

(9) Wooded areas, marshes, swamps, ponds or lakes, streams or stream beds, and anyother natural features affecting the site.

(10) The preliminary plat should be accompanied by a copy of any proposed deedrestrictions or similar covenants when deemed necessary by the planning board.

(11) Pursuant to G.S. ch. 113A, the planning board may require the subdivider to submit anenvironmental impact statement with his preliminary plat if:

a. The development exceeds two acres in area; and

b. The board deems it necessary due to the nature of the land to be subdivided, orpeculiarities in the proposed layout.

(12) Any other information considered by either the subdivider or the planning board to bepertinent to the review of the preliminary plat; i.e., topographic map showing verticalcontours.

(Ord. of 12-7-1998(2), §§ 9-3083, 9-3084)

Sec. 30-83. Study by technical review committee.

The preliminary plat shall be referred to the technical review committee for its review,recommendations, and report. Such report of the technical review committee shall besubmitted in writing to the planning board at the time of the next regular meeting.(Ord. of 12-7-1998(2), § 9-3085)

Sec. 30-84. Public hearing.

The planning board shall hold a public hearing on the preliminary plat. Notice of the publichearing shall be given in a newspaper of general circulation in the county at least 15 businessdays prior to the date set for the public hearing. At the time of the public hearing, the applicantshall submit an affidavit stating that he has notified by certified and regular mail, eachadjacent or opposite owner of property as indicated on the application for subdivision approvalat least ten business days prior to the public hearing.(Ord. of 12-7-1998(2), § 9-3086)

Sec. 30-85. Preliminary approval.

After the planning board has reviewed the preliminary plat and construction plans, thereport of the technical review committee, any other municipal recommendations and testi-mony and exhibits submitted at the public hearing, the applicant shall be advised of any


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required changes and/or additions. The planning board shall approve, conditionally approve,or disapprove the preliminary plat within 30 business days after the date of the regularmeeting held. One copy of the proposed preliminary plat shall be returned to the applicantwith the date of approval, conditional approval, or disapproval, and the reasons for thedecision. Before the planning board approves a preliminary plat showing park reservation orland for other local government use proposed to be dedicated to the local government theplanning board shall obtain approval of the park or land reservation from the board ofcommissioners.(Ord. of 12-7-1998(2), § 9-3087)


DIVISION 3. FINAL PLATS

Sec. 30-111. Public improvements installation or guarantees.

Upon approval of the preliminary plat for a major subdivision, or a sketch design plan fora minor subdivision, by the planning board, the subdivider may proceed with the preparationof the final plats, and the installation or arrangement for required improvements inaccordance with the approved preliminary plat and the requirements of this article.(Ord. of 12-7-1998(2), § 9-3100)

Sec. 30-112. Performance guarantee.

In lieu of prior construction of the improvements required by this chapter the town may, forthe purpose of approving a final plat, accept a performance guarantee by contract from thesubdivider that such improvements will be carried out according to the design specifications ascontained in article III of this chapter. Such guarantee by contract shall be in one of thefollowing forms:

(1) A surety bond made by a surety company licensed to do business in the state in anamount of not less than 100 percent nor more than 125 percent of the estimated costof the construction of the required improvements. The cost of construction shall bedetermined by the board of commissioners.

(2) A certified check or irrevocable letter of credit accompanied by the appropriate sightdraft, drawn in favor of the town in an amount of not less than 110 percent nor morethan 125 percent of the estimated cost of the construction of the required improve-ments. The cost of construction shall be determined by the board of commissioners.

(3) Cash deposited with the town in an amount of not less than 110 percent nor more than125 percent of the estimated cost of the construction of the required improvements.The cost of construction shall be determined by the board of commissioners.

(4) Land, the value of such property shall be not less than 100 percent of the estimatedcost of construction of the required improvements. The cost of construction shall bedetermined by the board of commissioners. The county tax assessor, or his authorized


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agent, shall establish the value of any property so used. The board of commissionersshall retain the right to reject the use of any property when the value of such propertyis sufficiently unstable, or for other reasons that could inhibit the town fromexchanging the property for a sufficient amount of money to complete the requiredimprovements. When property is offered as an improvement guarantee, the subdividershall:

a. Execute an agreement with the trustee, instructing the trustee to release theproperty to the town in the case of default. The agreement shall also state thatthe property may be released only upon consent of the board of commissioners.The agreement shall be placed on file with the town clerk.

b. File with the board of commissioners an affidavit affirming that the property tobe used as a performance guarantee is free and clear of any encumbrances orliens at the time it is to be put in trust.

c. Execute and file with the board of commissioners an agreement stating that theproperty to be placed in trust as a performance guarantee will not be used for anyother purpose, or pledged as a security in any other matter, until it is released bythe board of commissioners.

(Ord. of 12-7-1998(2), § 9-3101)

Sec. 30-113. Final plat review relationship to performance guarantees.

No final plat will be accepted for review by the planning board unless accompanied bywritten notice by the board of commissioners of the town acknowledging compliance withsection 30-112.Ord. of 12-7-1998(2), § 9-3102)

Sec. 30-114. Defects guarantee.

The board of commissioners shall require a bond guaranteeing utility taps, curbs, gutters,street pavement, sidewalks, drainage facilities, water and sewer lines, and other improve-ments against defects for one year. This bond shall be in an amount determined by theplanning board in consultation with the technical review committee and shall be in cash or bemade by a surety company authorized to do business in the state.(Ord. of 12-7-1998(2), § 9-3103)

Sec. 30-115. Final plat review contingent upon execution of guarantees.

No final plat will be accepted for review by the planning board or the board of commissionersunless accompanied by written notice by the town clerk acknowledging compliance with thisarticle, as well as all other municipal ordinances.(Ord. of 12-7-1998(2), § 9-3104)


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Sec. 30-116. Final plat.

(a) The final plat shall constitute only that portion of the preliminary plat which thesubdivider proposes to record and develop at the time; such portion shall conform to allrequirements of this article.

(b) No final plat shall be approved unless and until the subdivider shall have installed inthat area, represented on the final plat, all improvements required by this article or shall haveguaranteed their installation as provided for in section 30-112.(Ord. of 12-7-1998(2), § 9-3105)

Sec. 30-117. Plat submitted.

The subdivider shall submit the final plat, so marked, to the chairman of the planning boardor his designee not less than 14 business days prior to the planning board meeting at which itwill be considered for approval; further, the plat shall be submitted not more than 12 monthsafter the date on which the preliminary plat was approved, otherwise such approval shall benull and void unless a written extension of this limit is granted by the planning board on orbefore the one-year anniversary of the approval.(Ord. of 12-7-1998(2), § 9-3106)

Sec. 30-118. Plat prepared.

The final plat shall be prepared by a surveyor or professional engineer licensed andregistered to practice in the state. The final plat shall substantially conform to the preliminaryplat as it was approved. The final plat shall conform to the provisions of plats, subdivisions,and mapping requirements as set forth in G.S. 47-30.(Ord. of 12-7-1998(2), § 9-3107)

Sec. 30-119. Final plat requirements.

(a) Number of copies and graphic media. Three copies of the final plat shall be submitted;one of these shall be drawn in ink on material suitable for reproduction; two shall be black orblue line paper prints.

(b) Size of plat and scale. Final plats shall have an outside marginal size of not more than21 inches by 30 inches nor less than 81/2 inches by 11 inches, including 11/2 inches for bindingon the left margin and a one-half-inch border on each of the other sides. Where size of landareas or suitable scale to ensure legibility require, maps may be placed on two or more sheetswith appropriate match lines. Final plats shall be drawn at a scale of one inch equals 200 feet,or greater.

(c) Administrative fees. Submission of the final plat must be accompanied by a filing fee setby the town board of commissioners and posted at town hall.

(d) Certification required. The following signed certificates shall appear on all copies of thefinal plat which are submitted to the planning board by the subdivider:

(1) Certificate of ownership and dedication.


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I hereby certify that I am the owner of the property shown and described hereon, which islocated in the subdivision jurisdiction of the town and that I hereby adopt this plan ofsubdivision with my free consent, established minimum building setback lines, and dedicateall streets, alleys, walks, parks, and other sites and easements to public or private use asnoted. Furthermore, I hereby dedicate all sanitary sewer, storm sewer and water lines to thetown.

___________________________________________Date

___________________________________________Owner(s)

(2) Certification of approval of water supply and sewage disposal systems.

I hereby certify that the water supply and sewage disposal systems installed or proposed forinstallation in (name) Subdivision meet necessary public health requirements,and are hereby approved.

_____________________________Date

_________________________________________________________County Health Officer

or his Authorized Representative

(Above certification not required for subdivisions which are connected, or will be connected, toexisting publicly owned and operated water supply and sewage disposal systems.)

(3) Certificate of survey and accuracy.

I, , certify that this map was (drawn by me) (drawn under my supervision) from(an actual survey made by me) (an actual survey made under my supervision) (deeddescription recorded in Book , Page , Book , Page ,etc.) (other); that the error of closure as calculated by latitudes and departures is; that theboundaries not surveyed are shown as broken lines plotted from information found in Book

, Page , that this map was prepared in accordance with G.S. 47-30 asamended. Witness my hand and seal this day of A.D., 20 .

___________________________________________Surveyor or Engineer___________________________________________License or Registration Number

(4) Certificate or approval of the design and installation of streets, utilities, and otherrequired improvement.


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I hereby certify that all streets, utilities and other required improvements have beeninstalled in an acceptable manner and according to town specifications and standards in the

(name) Subdivision or that guarantees of the installation of the required improve-ments in an amount and manner satisfactory to the town has been received, and that the filingfee for this plat, in the amount of $ has been paid.

___________________________________________Date

___________________________________________Town Clerk

(Ord. of 12-7-1998(2), § 9-3108)

Sec. 30-120. Contents required.

The final plat shall depict or contain the following information; plats not illustrating orcontaining the following data shall be returned to the subdivider or his authorized agent forcompletion and resubmission:

(1) The name of the subdivision.

(2) The exact boundary lines of the tract to be subdivided fully dimensioned by lengthsand bearings, and the location of intersecting boundary lines of adjoining lands.

(3) Scale denoted both graphically and numerically.

(4) The plans for utility layouts, including sewers, storm sewers, water distributing lines,natural gas, telephone and electric service, illustrating connections to existing systemsor plans for individual water supply systems or plans for individual water supplysystems and/or sewage disposal systems. Plans must show line sizes, the location offire hydrants, blowoffs, manholes, pumps, force mains, and gate valves.

(5) Street names.

(6) The location, purpose, and dimensions of areas to be used for purposes other thanresidential.

(7) Minimum building setback lines.

(8) The names and addresses of owners of adjoining properties and any adjoiningsubdivisions of record, or proposed and under review, with present use.

(9) The location and dimensions of all rights-of-way, utility or other easements, ridingtrails, natural buffers, pedestrian or bicycle paths, and areas to be dedicated to publicuse with the purpose of each stated.

(10) Right-of-way lines, and pavement widths of all streets, and the location and width ofall adjacent streets (public and private) and easements.

(11) Property lines, buildings or other structures, water courses, railroads, bridges cul-verts, storm drains, both on the land to be subdivided and on the land immediatelyadjoining, corporate limits, township boundaries, and county lines.

(12) The accurate locations and descriptions of all monuments, markers, and control points.


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(13) The blocks numbered consecutively throughout the entire subdivision and the lotsnumbered consecutively throughout each block.

(14) The deed restrictions or any other similar covenants proposed for the subdivision, ifany.

(15) The date of the survey and plat preparation.

(16) North arrow and declination.

(17) All certifications as required by section 30-119 and state statutes.

(18) The name of the township, county, and state in which the subdivision is located.

(19) The name, address, and telephone number of the owner, mortgagee, registeredsurveyor, land planner, architect, landscape architect, and professional engineerresponsible for the subdivision and the registration number and seal, of the profes-sional engineer and registered surveyor.

(20) Any other information considered by either the subdivider or the planning board to bepertinent to the review of the final plat.

(Ord. of 12-7-1998(2), § 9-3109)

Sec. 30-121. Maintenance guarantee.

The town clerk shall secure from all subdividers a letter in which the subdivider shall agreeto maintain the backfill and any improvements located thereon and any ditch, which has beendug in connection with the installation of such improvements. Such a letter shall be bindingon the subdivider for a period of one year after the acceptance of such improvements by thetown.(Ord. of 12-7-1998(2), § 9-3110)

Sec. 30-122. Review procedure.

Final plats shall be reviewed according to the following procedures:

(1) Public hearing. Upon receipt of formal application and all accompanying material, thetown clerk shall call a public hearing. Notice of public hearing shall be given in anewspaper of general circulation in the county at least 15 business days prior to thedate set for the public hearing. Copies of the final plat with any additional constructionplans will be maintained at town hall for public review prior to the hearing. At the timeof the public hearing, the applicant shall submit an affidavit stating that he hasnotified by certified mail each adjacent and/or opposite owner of property as indicatedon the application for subdivision approval at least ten business days prior to thepublic hearing. At the public hearing the planning board will give any opportunity toany interested person to examine or comment upon the final plat and constructionplans.


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(2) Planning board review.

a. The planning board shall approve or disapprove the final plat within 30 businessdays after the public hearing.

b. During its review of the final plat, the planning board may appoint any engineeror surveyor to confirm the accuracy of the final plat. If substantial errors arefound, in the opinion of the planning board, the costs for corrections shall becharged to the subdivider and the plat shall not be approved until such errorshave been corrected.

c. The planning board shall approve, modify and approve, or disapprove thesubdivision application by resolution, which shall set forth in detail the following:

1. Any conditions to which approval is subject.

2. The period of time when the performance bond shall be filled or the requiredimprovements installed, whichever is applicable.

3. If approval is denied, the reasons for disapproval. One copy of this resolutionshall be submitted to the subdivider within 15 business days from the dateof the resolution; one copy shall be retained by the planning board as a partof its proceeding, and one copy shall be sent to the town clerk along with onecopy of the final plat and construction plans, to be presented to the townboard of commissioners.

(3) Board of commissioners review.

a. The town board of commissioners shall review the final plat with the resolutionand any additional recommendations from the planning board and shall approveor disapprove the plat within 45 business days after the final plat public hearingheld by the planning board.

b. If the board of commissioners approves the final plat, such approval shall beshown on each copy of the plat by the following signed certificate.

Certificate of approval for recording

I hereby certify that the subdivision plat shown hereon has been found to comply with theSubdivision Regulations for Aurora, North Carolina, and that this plat has been approved bythe town board of commissioners for recording in the office of the Register of Deeds of BeaufortCounty.

_____________________________Date

_________________________________________________________Town Clerk for Board of Commissioners Town of Aurora

(Seal)

If the final plat is disapproved by the board of commissioners the reasons for such disapprovalshall be stated in writing, specifying the provisions of this division with which the final platdoes not comply. One copy of such reasons shall be retained by the board of commissioners asa part of its proceedings; one copy shall be transmitted to the subdivider. If the final plat is


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disapproved, the subdivider may make such changes as will bring the final plat intocompliance with this division and resubmit the final plat for the reconsideration by theplanning board.(Ord. of 12-7-1998(2), § 9-3111)

Sec. 30-123. Effect of plat approval on dedications.

(a) The approval of a final plat shall not be deemed to constitute or effect the acceptance bythe town of the dedication of any street or other ground, public utility line, or other publicfacility shown on the plat. However, the town may by resolution of the board of commissionersaccept any dedication made to the public of lands or facilities for streets, parks, public utilitylines, or other public purposes, when the lands or facilities are located within its subdivisionregulation jurisdiction. All streets must be designated either public or private.

(b) Acceptance of dedications of lands or facilities located within the subdivision regulationjurisdiction, but outside the corporate limits of the town shall not require the town to open,operate, repair, or maintain any street, utility line, or other land or facility, and the town shallin no event be responsible in any civil action or proceeding for failure to open, repair, ormaintain any street located outside its corporate limits.(Ord. of 12-7-1998(2), § 9-3112)

Sec. 30-124. Disposition of copies.

If the final plat is approved by the board of commissioners, one print of the plat shall bereturned to the subdivider. One reproducible tracing shall be filed with the town clerk, and oneprint shall be retained by the planning board.(Ord. of 12-7-1998(2), § 9-3113)

Sec. 30-125. Recording of the final plat.

It shall be the responsibility of the town clerk to file the plat with the register of deeds of thecounty for recording within 30 days after the date of board of commissioners' approval;otherwise such approval shall be null and void.(Ord. of 12-7-1998(2), § 9-3114)

Sec. 30-126. Resubdivision procedures.

For any replatting or resubdivision of land, the same procedures, rules, and regulationsshall apply as prescribed in this section for an original subdivision. Lot sizes may, however, bevaried on an approved plan after recording, provided that:

(1) No lot or tract of land shall be created or sold that is smaller than the size shown onthe approved plan.

(2) Drainage, easements or rights-of-way shall not be changed.

(3) Street alignment and block sizes shall not be changed.

(4) The property line between the back of the lots shall not be changed.


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(5) The rear portion of lots shall not be subdivided from the front part.

(6) The basic planning and design principles from the original approved subdivision shallbe maintained.

(Ord. of 12-7-1998(2), § 9-3115)

Sec. 30-127. Plat may be required on any subdivision of land.

Pursuant to G. S. 160A-372, the town board of commissioners may require of the subdividerthat a plat be prepared, approved, and recorded pursuant to the sections of this articlewhenever any subdivision of land takes place.(Ord. of 12-7-1998(2), § 9-3116)


ARTICLE III. IMPROVEMENTS AND MINIMUM STANDARDS OF DESIGN

Sec. 30-151. Name of subdivision.

The name of a proposed subdivision shall not duplicate nor closely approximate the name ofan existing subdivision within town limits or extraterritorial jurisdiction of the town.(Ord. of 12-7-1998(2), § 9-3127)

Sec. 30-152. General design standards.

All standards and specifications of the town, as adopted, shall govern the design, construc-tion, and installation of all improvements. The town board of commissioners may order thesuspension of work being performed, if the standards and specifications are not adhered to.(Ord. of 12-7-1998(2), § 9-3128)

Sec. 30-153. Site conditions.

During construction, the building sites shall be maintained by the subdivider so thatadjacent residential or commercial development will not be disturbed. Specific requirementsinclude keeping through streets in usable condition, maintaining a clean building site andpreventing litter from construction sites being deposited in adjacent lots and yards. No cuttrees, tree stumps, timber, debris, earth, rocks, stones, junk, rubbish or other waste materialof any kind shall be buried anywhere, or left or deposited on any part of the subdivision at thetime of the issuance of a certificate of occupancy.(Ord. of 12-7-1998(2), § 9-3129)

Sec. 30-154. Natural assets.

In any subdivision, due consideration will be given to preserving and safeguarding thenatural assets of the community, including, but not limited to, watercourses, trees, andexisting natural vegetation.(Ord. of 12-7-1998(2), § 9-3130)


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Sec. 30-155. Suitability of land.

(a) Stormwater drainage. The subdivider shall provide an adequate drainage system for theproper drainage of all surface water. The following design standards shall be adhered to:

(1) No surface water shall be channeled or directed into a sanitary sewer.

(2) The subdivider shall connect to an existing storm drainage system.

(3) Where an existing storm drainage system cannot feasibly be extended to the subdivi-sion, a surface drainage system shall be designed to protect the proposed developmentfrom standing stormwater or other water damage.

(4) Surface drainage courses shall have side slopes of at least two feet of horizontaldistance for each one foot of vertical distance, and courses shall be of sufficient size toaccommodate the drainage area without flooding.

(5) The minimum grade along the bottom of a surface drainage course shall be a verticalfall of at least one foot in each 500 feet of horizontal distance.

The design of any drainage system shall be subject to the approval of the town board ofcommissioners.

(b) Sedimentation pollution control. In order to prevent soil erosion and other sedimenta-tion pollution problems, the subdivider shall comply with all requirements of the NorthCarolina Sedimentation Pollution Control Act of 1973, and obtain approval from the appro-priate state agency of an erosion and sedimentation plan.

(c) Prevention of flood damage. Lands known to be within a floodplain or any area knownto be subject to flooding shall be so identified on the preliminary plat. Appropriate deedrestrictions shall be filed for those lands subject to flooding, prohibiting their development fordwellings or other uses unless the sites are flood-protected as follows:

(1) No structure or fill shall be placed in the floodway, which would interfere with thenatural watercourse.

(2) Streets and utility lines and structures may be placed within the floodplain only iftheir elevation is above maximum flood heights or if they are otherwise flood-protected.

(3) Buildings and dwelling units shall be built with a foundation height sufficient to placethe lowest habitable floor level above the maximum flood height for the area in whichthe building is to be constructed.

(Ord. of 12-7-1998(2), § 9-3131)

Sec. 30-156. Physical improvements.

(a) Design standards for lots. The lot size, width, depth, shape, orientation and minimumbuilding setback lines shall meet and conform to the standards specified by chapter 38 for thedistrict in which the subdivision is located. All nonresidential lots and other open space shallbe designed to be appropriate for the type of development and use contemplated and shall besubject to approval by the planning board.


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(b) Large tracts or parcels. Where land is subdivided into larger parcels than ordinarybuilding lots, such parcels should be so arranged so as to allow for the opening of future streetsand logical further subdivision.(Ord. of 12-7-1998(2), § 9-3132)

Sec. 30-157. Streets.

(a) Coordination and continuation of existing streets. The proposed street layout within asubdivision shall be coordinated with the existing street system of the surrounding area andwhere possible, existing principal streets shall be extended.

(b) Street names. Proposed streets which are obviously in alignment with existing streetsshall be given the same name. In assigning new names, duplication of existing names shall beavoided and in no case shall the proposed name be phonetically similar to existing namesregardless of the use of a suffix such as street, road, drive, place, court, etc. Street names shallbe subject to the approval of the planning board.

(c) Design standards. Pavement widths and right-of-way widths shall not be less than thefollowing:

Type of StreetRight-of-Way

(feet)Pavement

(feet)

Minor arterial 100 44 (with curb and gutter)40 (without curb and gutter)

Major collector 80 44 (with curb and gutter)40 (without curb and gutter)

Minor collector 60 28 (with curb and gutter)24 (without curb and gutter)

Local road 50 28 (with curb and gutter)24 (without curb and gutter)

Specific types of streets: Right-of-WayPavement

(feet)

Cul-de-sac 50 28 (with curb and gutter)75 (radius) 24 (without curb and gutter)

Alley (no parking) 24 18

(d) Road and street surfaces. All subdivision streets and roads shall be constructed to meetthe current requirements of the state department of transportation, division of highways,standards for state maintenance.

(e) Tangents. A tangent of at least 20 feet shall be provided between reverse curves on allstreets.


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(f) Street intersections. Street intersections shall be laid out as follows:

(1) All streets shall intersect as nearly as possible at right angles and no street shallintersect at less than 60 degrees.

(2) Intersections with a major collector street shall be at least 1,000 feet apart measuredfrom centerline to centerline.

(3) Where a centerline offset (jog) occurs at an intersection, the distance betweencenterlines of the intersecting streets shall not be less than 125 feet.

(4) Property lines of street intersections shall be rounded with a minimum radius of 25feet. At an angle of intersection of less than 90 degrees, a greater radius is required, tobe determined by the planning board.

(5) Proper sight lines shall be maintained at all intersections of streets. There shall be aclear sight distance of 150 feet for major streets and 75 feet for all other streets fromthe point of intersection as measured along the centerline. No building or obstructionshall be permitted on this area.

(g) Landscaping. All streets and parking areas shall be provided with adequate shading bydeciduous trees to maximize cooling during the summer months. Trees shall be:

(1) Spaced a minimum of 25 feet.

(2) Alternately spaced on opposing street sides.

(3) Spaced at regular intervals without regard to property lines.

(4) Shall be platted for entire block at the same time.

(h) Culs-de-sac. Permanent dead-end streets shall not exceed 500 feet in length, and shallbe provided with a turn-around having a pavement diameter of 75 feet.(Ord. of 12-7-1998(2), § 9-3133)

Sec. 30-158. Blocks.

(a) General. The lengths, widths, and shapes of blocks shall be determined with due regardto:

(1) Provisions of adequate building sites suitable to the special needs of the usecontemplated.

(2) Zoning requirements as to lot sizes and dimensions.

(3) Needs for vehicular and pedestrian circulation.

(4) Control and safety of street traffic.

(b) Block length. Blocks shall not be less than 400 feet nor more than 1,320 feet in length.

(c) Block width. Blocks shall have sufficient width to allow two tiers of lots of minimumdepth except where single tier lots are required to separate residential development fromthrough vehicular traffic or another type of use or when abutting a water area.


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(d) Pedestrian crosswalks. Where deemed necessary by the planning board a pedestriancrosswalk at least 15 feet in width may be required to provide convenient public access to apublic area such as a park, school, or to a water area such as a stream, river or lake.(Ord. of 12-7-1998(2), § 9-3134)

Sec. 30-159. Water and sewerage systems.

The preliminary subdivision plat must be accompanied by satisfactory evidence as to theproposed method and system of water supply and sanitary sewage collection and disposal asfollows:

(1) Where the system is to be connected to the system owned and operated by the town,but not constructed by the town, the preliminary subdivision plat shall be accompaniedby a complete set of construction plans for the proposed system, prepared by aregistered engineer, and approved by the town board and the appropriate stateagencies. Water supply systems shall be approved by the town board with recommen-dation from the town fire department as to the location of hydrants and size of mains.No mains shall be less than six inches inside diameter, and shall be laid out so as tocreate a complete loop circuit, with no dead end lines in excess of 300 feet. A blowoutshall be placed at the dead end. Water and sewer lines should be installed in the streetright-of-way where possible.

(2) Where the proposed system will not make use of facilities owned and operated by thetown, the proposed facilities shall be approved by the appropriate state and localagencies.

(3) Where public or community water supply and/or sewerage systems are not available orto be provided, a written statement from the county health department shall besubmitted with the preliminary plat indicating that each lot has adequate land area,and soil conditions suitable to accommodate the proposed methods of water supply andsewage disposal.

(Ord. of 12-7-1998(2), § 9-3135)Cross reference—Utilities, ch. 34.

Sec. 30-160. Easements.

(a) Utility easements. Easements for underground or aboveground utilities shall be pro-vided where necessary across lots or preferably centered on rear or side lot lines and shall beat least 30 feet in width.

(b) Drainage easement. Where a subdivision is traversed by a stream or drainageway, aneasement shall be provided conforming with the lines of such stream with a minimum widthof 30 feet for drainage ways.

(c) Buffer strips. A buffer strip at least ten feet in width shall be required by the planningboard adjacent to a major street or a commercial or industrial development. This strip shall bein addition to the normally required lot dimension, shall be part of the platted lot, and shallbe reserved for the planting of trees and shrubs by the owners.(Ord. of 12-7-1998(2), § 9-3136)


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Chapter 31

RESERVED

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Chapter 32

TRAFFIC AND VEHICLES*


Sec. 32-1. Definitions.Sec. 32-2. Authority of police and fire department officials.Sec. 32-3. Obedience to police and fire department officials.Sec. 32-4. Authorized emergency vehicles.Sec. 32-5. Town license plates.Sec. 32-6. Tinted windows.Sec. 32-7. Required lighting equipment on vehicles.Secs. 32-8—32-30. Reserved.

Article II. Traffic Control Devices

Sec. 32-31. Violations; penalties.Sec. 32-32. Sign provision exceptions.Sec. 32-33. Traffic control signals legend.Sec. 32-34. Flashing signals.Sec. 32-35. Yield signs.Sec. 32-36. Display of unauthorized signs, signals, or markings.Sec. 32-37. Interference with official traffic control devices, signs or signals.Sec. 32-38. Traffic lanes.Sec. 32-39. Authorized zones.Secs. 32-40—32-70. Reserved.

Article III. Operation

Sec. 32-71. Speed limits.Sec. 32-72. Signs regulating movement of vehicles.Sec. 32-73. Stop signs.Sec. 32-74. Obedience to no-turn signs.Sec. 32-75. Turning markers.Sec. 32-76. One-way streets and alleys.Sec. 32-77. Through streets designated.Sec. 32-78. Reserved.Sec. 32-79. Provisions supplemental to state statutes.Secs. 32-80—32-110. Reserved.

*Cross references—Abandoned and junked vehicles, § 16-91 et seq.; law enforcement, ch.22; offenses and miscellaneous provisions, ch. 24; streets, sidewalks, and other public places,ch. 28; vehicles for hire, ch. 36.

State law references—Municipal authority to regulate traffic generally, G.S. 160A-30;motor vehicles, G.S. ch. 20.

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Article IV. Parking


Sec. 32-111. Parking not to obstruct traffic.Sec. 32-112. Standing or parking close to curb.Sec. 32-113. Reserved.Sec. 32-114. Parking near intersections.Sec. 32-115. Parking on town lot.Sec. 32-116. Blocking driveways.Sec. 32-117. Parking in alleys.Sec. 32-118. Stopping, standing or parking prohibited; no signs required.Sec. 32-119. No stopping, standing or parking near hazardous or congested places.Sec. 32-120. Standing or parking for certain purposes prohibited.Sec. 32-121. Stopping, standing or parking for primary purpose of advertising, prohibited.Sec. 32-122. Loading and unloading zones.Sec. 32-123. Loading zones for freight and goods.Sec. 32-124. Public carrier stops and stands.Sec. 32-125. Application.Sec. 32-126. Regulations not exclusive.Sec. 32-127. Parking prohibited at all times on certain streets.Sec. 32-128. Parking time limited on certain streets.Sec. 32-129. Parking signs required.Sec. 32-130. Reserved.Secs. 32-131—32-150. Reserved.

Division 2. Enforcement

Secs. 32-151—32-157. Reserved.Sec. 32-158. Enforcement; placement on or in vehicles.Sec. 32-159. Removal of traffic tickets from vehicles.Secs. 32-160—32-180. Reserved.

Article V. Bicycles

Sec. 32-181. Effect of regulations.Secs. 32-182—32-185. Reserved.Sec. 32-186. Operating at reasonable speeds.Sec. 32-187. Carrying articles.Sec. 32-188. Reserved.Sec. 32-189. Registration of bicycles.

TOWN OF AURORA CODE

CD32:2Supp. No. 2





Alley means a thoroughfare through the middle of a block.

Authorized emergency vehicle means vehicles of the fire department, police vehicles, andambulances and emergency vehicles of municipal departments or public service corporationsas are designed or authorized by the chief of police.

Bicycle means every device propelled by human power upon which any person may ride,having two tandem wheels either of which is over 20 inches in diameter.

Block means a portion of any street located between any two intersections of any two streetsor public alleyways next adjacent to each other.

Commercial vehicle means every vehicle designed, maintained, or used primarily for thetransportation of property.

Crosswalk means that portion of any street or roadway ordinarily included within theprolongation or connection of the lateral lines of sidewalks at intersections. Any portion of aroadway or street distinctly indicated for pedestrian crossing by lines or other markings on thesurface of the street or roadway.

Curb loading zone means a space adjacent to a curb reserved for the exclusive use of vehiclesduring the loading or unloading of passengers or materials.

Driver means every person in actual physical control of a vehicle which is in motion or whichhas the engine running.

Freight curb loading zone means a space adjacent to a curb for the exclusive use of vehiclesduring the loading or unloading of freight or passengers.

Intersection means:

(1) The area embraced within the prolongation or connection of the lateral curb lines, or,if none, then the lateral boundary lines of the roadways of the two highways which joinone another at or approximately at right angles, or the area within which vehiclestraveling upon different highways joining at any other angle may come in conflict.

(2) Where a highway includes two roadways 30 feet or more apart, then every crossing ofeach roadway of the divided highway by an intersecting highway shall be regarded asa separate intersection. If the intersecting highway also includes two roadways 30 feetor more apart, then every crossing of two roadways of the highways shall be regardedas a separate intersection.

§ 32-1TRAFFIC AND VEHICLES

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Laned roadway means a roadway which is divided into two or more clearly marked lanes forvehicular traffic.

Motorcycle means every motor vehicle having a saddle for the use of the rider and designedto travel on not more than three wheels in contact with the ground, but excluding a tractor.

Motor vehicle means every vehicle which is self-propelled and every vehicle designed to runupon the streets which is pulled by a self-propelled vehicle. This shall not include mopeds asdefined in G.S. 20-4.01(27)d1.

Official traffic control device means any sign, signal, marking or device, not inconsistentwith this chapter, placed or erected by authority of the board of commissioners by a designatedofficial having jurisdiction through authority given by the board of commissioners, for thepurpose of regulating, warning, prohibiting or guiding traffic upon the public streets andthoroughfares of the town.

Official traffic signals means any device, whether manually, electrically or mechanicallyoperated, whereby traffic is alternately directed to stop and to proceed, or to turn, or to proceedwith caution.

Park means the standing of any vehicle, whether occupied or unoccupied, otherwise thantemporarily for the purpose of and while actually engaged in loading or unloading passengersor cargo.

Passenger curb loading zone means a place adjacent to a curb reserved for the exclusive useof vehicles during the loading or unloading of passengers.

Pedestrian means any person afoot.

Police officer means every peace officer of the town, including every employee of the townauthorized and empowered to regulate traffic and to make arrests for any violations of theprovisions of this chapter.

Private road and private driveway mean every way or place in private ownership and usedfor vehicular travel by the owner and those having express or implied permission from theowner, but not by other persons.

Public conveyance means any vehicle other than a taxicab or railroad train for transportingpersons for a fare.

Right-of-way means the privilege of the immediate use of the street or roadway.

Roadway means that portion of a street or highway improved, designed or ordinarily usedfor vehicular travel, exclusive of the berm or shoulder. If a highway includes two or moreseparate roadways, the term "roadway" as used in this chapter shall refer to any roadwaysseparately but not to all roadways collectively.

Sidewalk means that portion of a street between the curb lines, or the lateral lines of aroadway, and the adjacent property lines intended for the use of pedestrians.


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Standing means any stopping of any vehicle, whether or not the vehicle is occupied duringthe period of stopping.

Stop, when required, means the complete cessation of movement of any vehicle.

Stop and stopping, when prohibited, mean any stopping of any vehicle, except when thestopping means that it shall be necessary to stop the vehicle to avoid conflict with other trafficor in compliance with direction of any peace officer of the town or by reason of any trafficcontrol sign or signal or by reason of any emergency.

Street and highway mean the entire width between property lines of every way or place ofwhatever nature, when any part thereof is open to the use of the public as a matter of right forthe purposes of vehicular traffic.

Through highway means every street or highway or portion thereof at the entrances towhich vehicular traffic from intersecting streets or highways is required by law to stop beforeentering or crossing the same and when stop signs are erected as provided in this chapter.

Traffic means pedestrians, ridden or herded animals, vehicles of all kinds, conveyances,tractors, bicycles, motorcycles and the like, either singly or together, while using any street oralleyway for travel, including the operation of, the loading or unloading of or the parking of anyvehicle upon any of the public streets of the town.

Vehicle means every device used in, upon, or by which any person or property is or may betransported or drawn upon any street within the corporate limits as defined in G.S.20-4.01(49), and for the purposes of this chapter any bicycle shall be deemed a vehicle.(Code 1979, § 7-1001)


Sec. 32-2. Authority of police and fire department officials.

(a) It shall be the duty of the officers of the police department to enforce all street trafficlaws and all of the state vehicle laws applicable to street traffic.

(b) Officers of the police department are hereby authorized to direct all traffic by voice,hand, or signal in conformance with traffic laws, provided that, in the event of a fire or otheremergency or to expedite traffic or to safeguard pedestrians, officers of the police departmentmay direct traffic as conditions may require notwithstanding the provisions of the traffic laws.

(c) Officers of the fire department, when at the scene of a fire, may direct or assist the policein directing traffic thereat or in the immediate vicinity.(Code 1979, § 7-1011)

Cross reference—Fire prevention and protection, ch. 18.

Sec. 32-3. Obedience to police and fire department officials.

No person shall willfully fail or refuse to comply with any lawful order or direction of a policeofficer or fire department official.(Code 1979, § 7-1012)

Cross reference—Fire prevention and protection, ch. 18.


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Sec. 32-4. Authorized emergency vehicles.

The provisions of this chapter regulating the operation, parking, and standing of vehiclesshall apply to authorized emergency vehicles, as defined in this chapter, except as providedunder state law.(Code 1979, § 7-1013)

State law reference—Emergency vehicles, exceptions to right-of-way rules, G.S. 20-156.

Sec. 32-5. Town license plates.

All resident motor vehicles operated in the town may purchase town plates for the currentlyrequired fee.(Code 1979, § 7-2001)

Sec. 32-6. Tinted windows.

It shall be unlawful for a vehicle to have windows tinted that does not have a total lighttransmission of at least 35 percent (in accordance with GS 20-127).

Any violation of this section shall be considered [an] infraction and shall result in a penalty of$50.00.(Ord. of 11-3-2003(3))

Sec. 32-7. Required lighting equipment on vehicles.

It shall be unlawful for a driver of any vehicle upon a highway, street, or PVA to allow avehicle to be operated without lighted headlamps, and rear lamps during the period of sunsetto sunrise. This section applies to turning signals, and tag lights.

Any violation of this section shall be considered [an] infraction and shall result in a penalty of$10.00.(Ord. of 11-3-2003(4))

State law reference—G.S. 20-129.


ARTICLE II. TRAFFIC CONTROL DEVICES


Any person failing or refusing to comply with the directions indicated on any sign, markeror device for the control or direction of traffic erected or placed in accordance with theprovisions of this article when so placed or erected shall be guilty of a misdemeanor andpunished in accordance with G.S. 14-4(b). This section shall not be construed to apply when thedriver of a vehicle is otherwise directed by a police officer or when an exception is granted tothe driver of an authorized emergency vehicle under section 32-4.(Code 1979, § 7-1021)


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Sec. 32-32. Sign provision exceptions.

No provisions of this article for which signs are required shall be enforced against an allegedviolator if, at the time and place of the alleged violation, an official sign is not in proper positionand sufficiently legible to an ordinarily observant person.(Code 1979, § 7-1022)

Sec. 32-33. Traffic control signals legend.

Whenever traffic is controlled by traffic control signals in the schedule of traffic controllegends which is on file and available in the town clerk's office exhibiting the words, "go,""caution," or "stop," or exhibiting different colored lights successively one at a time, or witharrows, the following colors only shall be used and the terms and lights shall indicate andapply to drivers of vehicles and pedestrians as follows:

(1) Green alone or "go."

a. Vehicular traffic facing the signal may proceed straight through or turn right orleft unless a sign at the place prohibits either turn. But vehicular traffic,


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including vehicles turning right or left, shall yield the right-of-way to othervehicles and to pedestrians lawfully within the intersection or an adjacentcrosswalk at the time the signal is exhibited.

b. Pedestrians facing the signal may proceed across the roadway within any markedor unmarked crosswalk.

(2) Yellow alone or "caution" when shown following the green or "go" signal.

a. Vehicular traffic facing the signal is thereby warned that the red or "stop" signalwill be exhibited immediately thereafter and the vehicular traffic shall not enteror be crossing the intersection when the red or "stop" signal is exhibited.

b. No pedestrian facing the signal shall enter the roadway until the green or "go" isshown alone unless authorized so to do by a pedestrian "walk" signal.

(3) Red alone or "stop."

a. Vehicular traffic facing the signal shall stop before entering the crosswalk on thenear side of the intersection or, if none, then before entering the intersection andshall remain standing until green or "go" is shown alone. Provided, however, thatif a sign is not erected prohibiting turns on red lights, the vehicles may turn righton red lights after coming to a complete stop. Streets on which right turns on redare not allowed are set out in the schedule of traffic control legends which is onfile and available in the town clerk's office.


(4) Red with green arrow.

a. Vehicular traffic facing the signal may cautiously enter the intersection only tomake the movement indicated by the arrow but shall yield the right-of-way topedestrians lawfully within a crosswalk and to other traffic lawfully using theintersection.


(5) If an official traffic control signal is erected and maintained at a place other than anintersection, the provisions of this section shall be applicable except as to thoseprovisions which by their nature can have no application. Any stop required shall bemade at a sign or marking on the pavement indicating where the stop shall be made,but in the absence of any sign or marking the stop shall be made at the signal.

(Code 1979, § 7-1023)

Sec. 32-34. Flashing signals.

Whenever flashing red or yellow signals are used, they shall require obedience by vehiculartraffic as follows:

(1) Flashing red (stop signal). When a red lens is illuminated by rapid intermittentflashes, drivers of vehicles shall come to a complete stop before entering the nearest


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crosswalk at an intersection or at a limit line when marked, and the right to proceedshall be subject to the rules applicable after making a stop at a stop sign. In no eventshall the vehicle be driven into the crosswalk unless and until the entry can be madewith safety to other persons and property at the place.

(2) Flashing yellow (caution signal). When a yellow lens is illuminated with rapidintermittent flashes, drivers or operators of vehicles may proceed through theintersection past the signal only with caution.

The schedule of red or yellow traffic signals is on file and available in the town clerk's office.(Code 1979, § 7-1024)

Sec. 32-35. Yield signs.

(a) The driver of a vehicle approaching a yield sign erected at these intersections describedin the schedule of yield signs which is on file in the town clerk's office, shall and in obedienceto the sign slow down and yield the right-of-way to any pedestrian crossing the roadway onwhich he is driving and to any vehicle in movement on the main traveled or through highwayor street which is approaching so as to arrive at the intersection at approximately the sametime as the vehicle entering the main traveled or through street or highway.

(b) The driver of the vehicle approaching a yield sign, if required to stop, shall stop beforeentering the crosswalk on the near side of the intersection; or if there is no crosswalk, at aclearly marked stopline; but if none, then at the point nearest the intersecting roadway wherethe driver has a view of approaching traffic on the intersecting roadway.

(c) In accordance with this section, and when signs are erected giving notice thereof, driversof vehicles, when entering designated or main traveled or through streets from intersectingstreets in the direction shown, shall yield the right-of-way to approaching pedestrians orvehicles.(Code 1979, § 7-1030)

Sec. 32-36. Display of unauthorized signs, signals, or markings.

(a) No person shall place, maintain, or display upon or in view of any highway anyunauthorized sign, signal, marking, or device which purports to be or is in imitation of orresembles an official traffic control device, sign or signal, or which attempts to direct themovement of traffic, or which hides from view or interferes with the effectiveness of any officialtraffic control device, sign or signal.

(b) No person shall place or maintain nor shall any public authority permit upon anyhighway any traffic sign or signal bearing thereon any commercial advertising.(Code 1979, § 7-1025)


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Sec. 32-37. Interference with official traffic control devices, signs or signals.

No person shall without lawful authority attempt to or in fact alter, deface, injure, knockdown or remove any official traffic control device, sign or signal or any inscription, shield, orinsignia thereon, or any other part thereof.(Code 1979, § 7-1026)

Sec. 32-38. Traffic lanes.

Where traffic lanes have been marked, it shall be unlawful for the operator of any vehicleto fail or refuse to keep the vehicle within the boundaries of any lane except when lawfullypassing another vehicle or preparatory to making a lawful turning movement.(Code 1979, § 7-1027)

Sec. 32-39. Authorized zones.

(a) Zone of quiet. Whenever authorized signs are placed indicating zones of quiet, theperson operating a motor vehicle within the zone shall not sound the horn or any otherwarning device, except in an emergency.

(b) School zones. Whenever authorized signs are placed designating any street or partthereof, as a school zone, drivers of motor vehicles using the street shall exercise the greatestcare for the protection of children.(Code 1979, §§ 7-1028, 7-1029)


ARTICLE III. OPERATION*

Sec. 32-71. Speed limits.

(a) Within corporate limits. Except as otherwise provided in this article, it shall be unlawfulto operate a vehicle in excess of 25 miles per hour inside the corporate limits, unless otherwiseposed.

(b) State highway system. It shall be unlawful to operate a vehicle in excess of the postedspeeds listed below upon the streets or portions of streets of the state highway system listedin the various schedules which are on file and available in the town clerk's office.(Code 1979, §§ 7-1041, 7-1042; Ord. of 5-5-2003(2); Ord. of 5-5-2003(1))

State law references—General 35 m.p.h. speed limit inside municipal corporate limits,G.S. 20-141; G.S. 20-141 (e1).

*State law reference—Operation of vehicles and rules of the road, G.S. 20-138.1 et seq.


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Sec. 32-72. Signs regulating movement of vehicles.

(a) Restricted turn signs. The board shall determine those intersections at which drivers ofvehicles shall not make a right, left or U-turn and shall place proper signs at theseintersections. The making of the turns may be prohibited between certain hours of any day andpermitted at other hours, in which event the hours shall be plainly indicated on the signs orthey may be removed when the turns are permitted. Restrictions on turning movements shallbe as specified in the schedules which are on file and available in the town clerk's office.

(b) One-way streets and alleys. Authority to sign one-way streets and alleys. Whenever anyordinance designates any one-way street or alley there shall be signs giving notice thereof, andno regulation shall be effective unless the signs are in place. Signs indicating the direction oflawful traffic movement shall be placed at every intersection where movement of traffic in theopposite direction is prohibited.

(c) Stop signs.

(1) Through streets. Whenever any ordinance designates and describes a through street,there shall be a stop sign on each and every street intersecting the through street orintersecting portion thereof described and designated as such by any ordinance unlesstraffic at any intersection is controlled at all times by traffic control signals; provided,however, that at the intersection of two through streets or at the intersection of athrough street and a heavy traffic street not so designated, stop signs shall be erectedat the approaches of either of the streets.

(2) Intersections where stop required. The board may determine and designate intersec-tions where particular hazard exists upon other than through streets and maydetermine whether vehicles shall stop at one or more entrances to any stop intersec-tion, and shall erect a stop sign at every place where a stop is required. These placesare specified in the schedule of stop intersections which are on file and available in thetown clerk's office.

(Code 1979, §§ 7-1052, 7-1061, 7-1072, 7-1073)

Sec. 32-73. Stop signs.

(a) Design; location. Every sign erected pursuant to this article shall bear the word "stop"in letters not less than eight inches in height and the signs shall at nighttime be renderedluminous by steady or flashing internal illumination, or by a fixed floodlight projected on theface of the sign, or by efficient reflecting elements on the face of the sign. Every stop sign shallbe located as near as practicable at the nearest line of the crosswalk on the side of theintersection or, if none, at the nearest line of the roadway.

(b) Directive. Except when directed to proceed by a police officer or traffic control signal,every driver of a vehicle approaching a stop intersection described in the schedule of stop signintersections which is on file and available in the town clerk's office and indicated by a stopsign shall stop before entering the crosswalk on the near side of the intersection, or, if there is


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no crosswalk, shall stop at a clearly marked stop line, or, if known then, at the point nearestthe intersecting roadway where the driver has a view of approaching traffic on the intersectingroadway before entering the intersection.

(c) Proceeding through. The driver having stopped in obedience to a stop sign at anintersection shall proceed cautiously yielding the right-of-way to all vehicles not so obliged tostop which are approaching the intersection.(Code 1979, §§ 7-1074, 7-1075)

Sec. 32-74. Obedience to no-turn signs.

Whenever authorized signs are erected indicating that no right or left or U-turn ispermitted, no driver of a vehicle shall disobey the directions of any sign.(Code 1979, § 7-1053)

Sec. 32-75. Turning markers.

When authorized markers, buttons, or other indications are placed within an intersectionindicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shalldisobey the directions of the indications.(Code 1979, § 7-1051)

Sec. 32-76. One-way streets and alleys.

Upon those streets and parts of streets and in those alleys described in the schedule ofone-way streets and alleys which is on file and available in the town clerk's office, vehiculartraffic shall move only in the indicated direction when signs indicating the direction of trafficare erected and maintained at every intersection where movement in the opposite direction isprohibited.(Code 1979, § 7-1062)

Cross reference—Streets, sidewalks, and other public places, ch. 28.

Sec. 32-77. Through streets designated.

Those streets and parts of streets described in the schedule of through streets which is onfile and available in the town clerk's office are declared to be through streets for the purposeof this article.(Code 1979, § 7-1071)

Cross reference—Streets, sidewalks, and other public places, ch. 28.


Editor’s note—Pursuant to a motion made and passed at the Sept. 13, 2004, meeting of theboard of commissioners to rescind the local ordinances concerning public safety previouslyadopted by the board, and at the direction of the city clerk, former § 32-78, which pertained tothe prohibition of vehicles on the sidewalk and derived from the 1979 Code, has been deleted.


CD32:11Supp. No. 2


Sec. 32-79. Provisions supplemental to state statutes.

In addition to general traffic regulations enumerated in this part, the operation of allvehicles subject to these regulations shall be governed by and subject to the provisions of G.S.20-138.1 et seq., entitled, "Operators of Vehicles and Rules of the Road." It is intended that theprovisions of this Code shall be supplemental to these and all other general traffic regulationscovered under applicable General Statute.(Code 1979, § 7-1081)


ARTICLE IV. PARKING*


Sec. 32-111. Parking not to obstruct traffic.

No person shall park any vehicle on the street, other than [in] an alley, in a manner so asto leave insufficient width of the roadway for free movement of two vehicles when passing sideby side.(Code 1979, § 7-1122; Ord. of 5-5-2003(3); Ord. of 5-5-2003(2))

Sec. 32-112. Standing or parking close to curb.

No person shall stand or park a vehicle in a roadway other than parallel with the edge of theroadway headed in the direction of lawful traffic movement and with the right hand wheels ofthe vehicle within 18 inches of the curb or edge of the roadway except as otherwise providedin this article.(Code 1979, § 7-1111)


Editor’s note—Pursuant to a motion made and passed at the Sept. 13, 2004, meeting of theboard of commissioners to rescind the local ordinances concerning public safety previouslyadopted by the board, and at the direction of the city clerk, former § 32-113, which pertainedto unattended vehicles and derived from the 1979 Code, has been deleted.

Sec. 32-114. Parking near intersections.

It shall be unlawful to park a motor vehicle nearer than 15 feet from the intersection of anystreet.(Code 1979, § 7-1113)

*State law reference—Parking restrictions, G.S. 20-162.


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Sec. 32-115. Parking on town lot.

It shall be unlawful for any person or corporation to park any truck on the town lot at FourthStreet and Pearl Street or block the driveway leading to and into the town lot. It shall beunlawful to park on Fourth Street in front of the town lot for more than one hour, day or night.(Code 1979, § 7-1114)

Sec. 32-116. Blocking driveways.

It shall be unlawful for any person to park any motor vehicle upon the public streets in thetown in such a way that the motor vehicle shall obstruct free ingress to or egress from anydriveway, whether such driveway is public or private.(Code 1979, § 7-1115)

Sec. 32-117. Parking in alleys.

No person shall park a vehicle within an alley in a manner or under any conditions as toleave available less than ten feet of the width of the roadway for the free movement ofvehicular traffic, and no person shall stop, stand or park a vehicle within an alley, in a positionas to block the driveway entrance to any abutting property.(Code 1979, § 7-1123)

Sec. 32-118. Stopping, standing or parking prohibited; no signs required.

(a) No person shall stop, stand or park a vehicle, except when necessary to avoid conflictwith other traffic or in compliance with the law or the directions of a police officer or trafficcontrol device, in any of the following places:

(1) On a sidewalk;

(2) In front of a public or private driveway;

(3) Within an intersection;

(4) Within 15 feet of a fire hydrant;

(5) On a crosswalk;

(6) Within 20 feet of a crosswalk at an intersection;

(7) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic controlsignal located at the side of a roadway;

(8) Between a safety zone and the adjacent curb or within 30 feet of points on the curbimmediately opposite the ends of a safety zone, unless signs or markings indicate adifferent length;

(9) Within 50 feet of the nearest rail of a railroad crossing;

(10) Within 30 feet of the driveway entrance to any fire station and on the side of a streetopposite the entrance to any fire station within 75 feet of the entrance (when properlysignposted);


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(11) Alongside or opposite any street excavation or obstruction when stopping, standing orparking would obstruct traffic;

(12) On a roadway side of any vehicle stopped or parked at the edge or curb of a street;

(13) Upon any bridge or other elevated structure upon a highway or within a highwaytunnel;

(14) At any place where official signs prohibit stopping.

(b) No person shall move a vehicle not lawfully under his control into any prohibited areaor away from a curb any distance as is unlawful.(Code 1979, § 7-1121)

Sec. 32-119. No stopping, standing or parking near hazardous or congested places.

When official signs are erected at hazardous or congested places no person shall stop, stand,or park a vehicle in any designated place.(Code 1979, § 7-1125)

Sec. 32-120. Standing or parking for certain purposes prohibited.

It shall be unlawful for any person to stand or park a vehicle upon any street of the town forthe principal purposes of:

(1) Displaying for sale;

(2) Washing, greasing or repairing such vehicle, except repairs made necessary by a bonafide emergency;

(3) Storing by garages, dealers or other persons when the storing is not incident to thebona fide use and operation of the automobile or other vehicle; and

(4) Storing of any detached trailer or van when the towing unit has been disconnected orfor the purpose of transferring merchandise or freight from one vehicle to another.

(Code 1979, § 7-1124)

Sec. 32-121. Stopping, standing or parking for primary purpose of advertising,prohibited.

No person shall stop, stand or park on any street any vehicle for the primary purpose ofadvertising.(Code 1979, § 7-1126)

Sec. 32-122. Loading and unloading zones.

Whenever vehicle loading and unloading zones are designated and described by this articleand when signs are placed, erected or installed, giving notice thereof, it shall be unlawful forany person to stop, stand or park any vehicle for any purpose or period of time except inaccordance with the requirements of this article.(Code 1979, § 7-1131)


CD32:14Supp. No. 2


Sec. 32-123. Loading zones for freight and goods.

The streets, or parts thereof, described in the schedule of freight loading and unloadingzones which is on file and available in the town clerk's office are hereby designated as freightloading and unloading zones, and no person shall stop, stand or park a vehicle therein duringthe hours of 8:00 a.m. to 6:00 p.m. for any purpose other than the expeditious loading orunloading of freight, equipment or other goods and then only for a period not to exceed onehour.(Code 1979, § 7-1132)

Sec. 32-124. Public carrier stops and stands.

Bus stands, taxicab stands and stands for other passenger common carrier motor vehicles,designated by appropriate signs, shall be as specified in the schedule of common carrier motorvehicle stands which is on file and available in the town clerk's office. No person shall stop,stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab standwhen any stop has been officially designated and appropriately signed, except that the driverof a passenger vehicle may temporarily stop therein for the purpose of and while actuallyengaged in loading or unloading passengers when stopping does not interfere with any bus ortaxicab waiting to enter or about to enter the zone.(Code 1979, § 7-1133)


The provisions of this article prohibiting the standing or parking of a vehicle shall apply atall times or at those times specified in this article or as indicated on official signs, except whenit is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with thedirections of a police officer or an official traffic control device.(Code 1979, § 7-1141)

Sec. 32-126. Regulations not exclusive.

The provisions of this article imposing a time limit on parking shall not relieve any personfrom the duty to observe other and more restrictive provisions prohibiting or limiting thestopping, standing, or parking of vehicles in specified places or at specified times.(Code 1979, § 7-1142)

Sec. 32-127. Parking prohibited at all times on certain streets.

When signs are erected giving notice thereof, no person shall park a vehicle at any timeupon any of the streets described in the schedule of prohibited parking places which is on fileand available in the town clerk's office.(Code 1979, § 7-1143)


CD32:15Supp. No. 2


Sec. 32-128. Parking time limited on certain streets.

When signs are erected in each block giving notice thereof, no person shall park a vehicle forlonger than the times specified within the district or upon any of the streets described in theschedule of limited parking places which is on file in the town clerk's office.(Code 1979, § 7-1144)

Sec. 32-129. Parking signs required.

Whenever by this or any other article any parking time limit is imposed or parking isprohibited in designated streets there shall be appropriate signs giving notice thereof and noregulations shall be effective unless the signs are erected and in place at the time of anyalleged offense.(Code 1979, § 7-1145)


Editor’s note—Pursuant to a motion made and passed at the Sept. 13, 2004, meeting of theboard of commissioners to rescind the local ordinances concerning public safety previouslyadopted by the board, and at the direction of the city clerk, former § 32-130, which pertainedto regulations of parking violations in the corporate limits and derived from an ordinanceadopted July 7, 2003, has been deleted.


DIVISION 2. ENFORCEMENT


Editor’s note—Pursuant to a motion made and passed at the Sept. 13, 2004, meeting of theboard of commissioners to rescind the local ordinances concerning public safety previouslyadopted by the board, and at the direction of the city clerk, former §§ 32-151—32-157, whichpertained to enforcement of the parking article and derived from the 1979 Code and anordinance adopted Nov. 3, 2003, have been deleted.

Sec. 32-158. Enforcement; placement on or in vehicles.

It shall be unlawful for any person except a police officer or other officer charged by law withthe duty of enforcing traffic laws of the town to place or cause to be placed any traffic lawviolation ticket, traffic law violation notice, traffic law violation citation or any other suchnotice relating to traffic law violation, issued by the town or its police department on or in anymotor vehicle or other vehicle in the town.(Code 1979, § 7-1158)


CD32:16Supp. No. 2


Sec. 32-159. Removal of traffic tickets from vehicles.

It shall be unlawful for any person to remove from any vehicle a traffic law violation ticket,notice, citation or any other notice relating to traffic law violation in the town after such notice,ticket, citation or other notice has been placed on or in such vehicle by a police officer of thetown, except for the purpose of answering such notice or citation as required by law.(Code 1979, § 7-1159)


ARTICLE V. BICYCLES*

Sec. 32-181. Effect of regulations.

(a) The parent of any child and the guardian of any ward shall not authorize or knowinglypermit any child or ward to violate any of the provisions of this article.

(b) This article shall apply whenever a bicycle is operated upon any street or upon anypublic path set aside for the exclusive use of bicycles, subject to those exceptions stated in thisarticle.(Code 1979, § 7-1101)


Editor’s note—Pursuant to a motion made and passed at the Sept. 13, 2004, meeting of theboard of commissioners to rescind the local ordinances concerning public safety previouslyadopted by the board, and at the direction of the city clerk, former §§ 32-182—32-185, whichpertained to traffic laws, obedience to traffic control devices, riding on bicycles, and riding onroadways and bicycle paths and derived from the 1979 Code, have been deleted.

Sec. 32-186. Operating at reasonable speeds.

No person shall operate a bicycle at a speed greater than is reasonable and prudent underthe conditions then existing.(Code 1979, § 7-1106)

Sec. 32-187. Carrying articles.

No person operating a bicycle shall carry any package, bundle, or article which prevents therider from keeping at least one hand upon the handlebars.(Code 1979, § 7-1107)

*State law reference—Operation of bicycles, G.S. 20-171.1 et seq.


CD32:17Supp. No. 2


Secs. 32-188. Reserved.

Editor’s note—Pursuant to a motion made and passed at the Sept. 13, 2004, meeting of theboard of commissioners to rescind the local ordinances concerning public safety previouslyadopted by the board, and at the direction of the city clerk, former § 32-188, which pertainedto lights on bicycles and derived from the 1979 Code, has been deleted.

Sec. 32-189. Registration of bicycles.

Every person operating a bicycle within the town may register the bicycle with the townpolice department.(Code 1979, § 7-1110)


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Chapter 33

RESERVED

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Chapter 34

UTILITIES*


Sec. 34-1. Duties and responsibilities of the board.Sec. 34-2. Permits required.Sec. 34-3. Violations; enforcement.Sec. 34-4. Water service to property.Sec. 34-5. Water and sewer taps.Sec. 34-6. Separate meters.Sec. 34-7. Utility rates.Sec. 34-8. Usage rate.Sec. 34-9. Water and sewer bills.Sec. 34-10. Reconnecting water meters prohibited.Sec. 34-11. Use of town water.Sec. 34-12. Use of wells for other than domestic purposes; cross connections prohibited.Sec. 34-13. Discharging materials in sewer prohibited.Sec. 34-14. Work on water and sewer system.Sec. 34-15. Damaging or obstructing system.Sec. 34-16. Water and sewer connections required; use of wells regulated.Secs. 34-17—34-50. Reserved.

Article II. Sewer Service

Sec. 34-51. Definitions.Sec. 34-52. Prohibited use of public sanitary sewers.Sec. 34-53. Permissive use of public sanitary sewers for industrial and other waste.Sec. 34-54. Preliminary treatment of handling facilities.Sec. 34-55. Approved wastes.Sec. 34-56. Construction and maintenance of manholes.Sec. 34-57. Applicants and user requirements.Sec. 34-58. Noncompliance.Sec. 34-59. Connections.Sec. 34-60. Design and construction.Sec. 34-61. Structures required.Sec. 34-62. Permits.Sec. 34-63. Outside connections.Sec. 34-64. Powers and authority for inspection.Sec. 34-65. Measurement of flow.Sec. 34-66. Determining of character and concentration of wastes.Sec. 34-67. Sewer use charges.Sec. 34-68. Surcharge for treatment of industrial wastes.

*Cross references—Administration, ch. 2; buildings and building regulations, ch. 10;environment and health, ch. 16; floods, ch. 20; solid waste management, ch. 26; streets,sidewalks, and other public places, ch. 28; subdivisions, ch. 30; water and sewerage systems,§ 30-159.

State law reference—Public enterprise services, G.S. ch. 160A-311 et seq.

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Sec. 34-69. Billing.Sec. 34-70. Protection from damages.Sec. 34-71. Pretreatment requirements.Sec. 34-72. Prohibited waste discharges.Sec. 34-73. Industrial cost recovery.Secs. 34-74—34-100. Reserved.

Article III. Water Service

Sec. 34-101. Classification of service.Sec. 34-102. Rate schedule and top-on fees.Sec. 34-103. Application for service.Sec. 34-104. Deposit.Sec. 34-105. Initial or minimum charge.Sec. 34-106. Town's responsibility and liability.Sec. 34-107. Consumer's responsibility.Sec. 34-108. Extension to mains and services.Sec. 34-109. Access to premises.Sec. 34-110. Change of occupancy.Sec. 34-111. Billing and collection.Sec. 34-112. Suspension of service.Sec. 34-113. Complaints and adjustments.Sec. 34-114. Abridgement of modification of rules.Sec. 34-115. Use tax.

TOWN OF AURORA CODE

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Sec. 34-1. Duties and responsibilities of the board.

(a) The sewer and water system of the town shall be under the control of, and the duty ofprescribing and enforcing full compliance with the rules and regulations governing allconnections with the public sewer and water system shall be vested in, the board.

(b) The board may select some competent person to supervise, under its general control, theentire water and sewer system of the town. The board may from time to time prescribe theduties and responsibilities of this public works director.(Code 1979, §§ 5-1001, 5-1002)

Sec. 34-2. Permits required.

No person shall connect with the water or sewer system of the town until they shall havemade application for permission to so connect in writing to the town clerk. This applicationshall be made before any part of the drainage system of the house or any other connection shallhave been laid or constructed and shall state the name of the street and name of the person.(Code 1979, § 5-1003)

Sec. 34-3. Violations; enforcement.

In addition to charging violators of the provisions of this chapter with a misdemeanoroffense under G.S. 14-4, this chapter may also be enforced by appropriate equitable remedies,including mandatory injunction, issued by a court of competent jurisdiction, as provided inG.S. 160A-175(d), (e). Violators may also be subject to a civil penalty in the nature of a debt.(Code 1979, § 5-1023)

Sec. 34-4. Water service to property.

(a) Water line; meters. Water service will be made available to the property line only. Metersshall be located along the property line and shall be readily accessible to the meter readers atall times.

(b) Consumers outside of town. Water shall not be furnished to consumers outside of thetown except at such terms and conditions as may be approved in each case by the board.(Code 1979, §§ 5-1007, 5-1008)

Sec. 34-5. Water and sewer taps.

(a) Each single-family dwelling or residence and each business establishment, or industrialfacility shall have a separate water and sewer connection.

(b) All excavations will be left uncovered until connections are inspected and approved bythe town building inspector.

(c) Sewage taps for business establishments and homes shall be separate taps.(Code 1979, §§ 5-1004, 5-1006)

§ 34-5UTILITIES

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Sec. 34-6. Separate meters.

(a) Each single-family dwelling or residence and each business establishment or industrialfacility shall be on a separate water meter.

(b) Each single-family dwelling unit of a duplex apartment shall be on a separate watermeter.(Code 1979, § 5-1005)

Sec. 34-7. Utility rates.

(a) Water and sewer rates, deposits, connection and reconnection charges shall be deter-mined from time to time by the board and shall be kept on file in the office of the town clerk.

(b) The board hereby reserves the right to change the water and sewer rates and the waterand sewer connection charges at any time they deem necessary. These rates shall be kept onfile in the office of the town.

(c) All water services located outside of the town limits will be billed at double the standardrate and all tapping fees will be double the normal fees.(Code 1979, § 5-1009)

Sec. 34-8. Usage rate.

Where water and sewer taps have been installed by the town, regardless of whether thesewer taps have been connected, there shall be assessed a minimum usage rate.(Code 1979, § 5-1011)

Sec. 34-9. Water and sewer bills.

(a) Terms of payment. The water and sewer bill is payable at the town office by the 15th ofthe month. If payment is not made by the last day of the month service may be discontinuedand a fee set by the board charged before service is resumed.

(b) Adjustment for meter error. The town clerk may adjust and settle inequitable andabnormal water and sewer bills due to meter error.

(c) Nonpayment. When the water that is being used by any person has been cut off becauseof the nonpayment of bills, such person shall pay a fee fixed by the board and kept on file inthe office of the town clerk before such water shall be turned back on.(Code 1979, §§ 5-1010, 5-1014, 5-1015)

Sec. 34-10. Reconnecting water meters prohibited.

It shall be unlawful for any person to reconnect a water meter after the town hasdisconnected a water meter for nonpayment of his account.(Code 1979, § 5-1016)


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Sec. 34-11. Use of town water.

No person shall take or carry away water from any watering trough, public fountain, orother public place. No water from the town water supply or water system shall be used for thepurpose of resale to any person.(Code 1979, § 5-1017)

Sec. 34-12. Use of wells for other than domestic purposes; cross connections pro-hibited.

Any person who connects his premises to the town water system for domestic, householdwater service may continue the use of a private well for any purpose other than domestic,household water supply. There shall be no cross connection of the town's water system withany private well or any other source of water supply.(Code 1979, § 5-1018)

Sec. 34-13. Discharging materials in sewer prohibited.

No person shall discharge into any sanitary sewer or storm sewer in the town any substancelikely to obstruct, cause undue injury or to interfere materially with the sewer drainage systemin the town. A violation of this chapter by any person shall constitute a misdemeanor and shallempower the town to disconnect and/or terminate such person's use of the sanitary sewerservice in the town.(Code 1979, § 5-1019)

Sec. 34-14. Work on water and sewer system.

All work on the water and sewer system and all connections or disconnections thereto shallbe performed by the authorized employees of the town or their representatives or plumbersapproved by the town.(Code 1979, § 5-1020)

Sec. 34-15. Damaging or obstructing system.

It shall be unlawful for any person to damage, tamper with or otherwise do harm to themains, pipes, apparatus or other part of the water or sewer system, or to place or cause to beplaced any object of any nature whatsoever into the system that will block or obstruct orimpede the normal flow in the system.(Code 1979, § 5-1021)

Sec. 34-16. Water and sewer connections required; use of wells regulated.

(a) Private well use. Each owner of improved property which is adjacent to a streetright-of-way or other easement in which a municipal water line is located shall connect theplumbing system of his premises with the town water system; provided, that any owner whoalready has in use a private well approved by the county health department may, in lieu ofconnecting his premises to the town water system, pay the minimum monthly charge for water

§ 34-16UTILITIES

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service established by the board, and may continue the use of his well for domestic householdwater service for so long as the charge is duly paid and for so long as the well remains suitablefor use as determined by the county health department.

(b) In-service water line. If an in-service municipal water line presently exists adjacent toa piece of property, the construction of a private well will not be permitted on that property.

(c) Uses other than domestic household uses. Any person who connects his premises to thetown water system for domestic household water service may continue the use of an existingprivate well for any purpose other than domestic household water supply. There shall be nocross connection of the town water system with any private well or any other source of watersupply.

(d) Septic tank; connections to town sewer system. Each owner of improved property whichis adjacent to a street right-of-way or other easement in which a municipal sewer line is locatedshall connect the plumbing system of his premises with the town sewer system; provided thatany owner who already has in use a septic tank approved by the county health departmentmay, in lieu of connecting his premises to the town sewer system, pay the minimum monthlycharge for sewer service established by the board, and may continue the use of his septic tankfor domestic household sewer service for so long as the charge is duly paid and for so long asthe septic tank remains suitable for use as determined by the county health department.

(e) In-service sewer line. If an in-service municipal sewer line presently exists adjacent to apiece of property, the installation of a septic tank will not be permitted on that property.

(f) Hardship variance. Any person who believes that all or any part of this section wouldplace an undue hardship upon him has the right to appeal for a variance from the town board.The town board may, upon due consideration of a written appeal from the affected propertyowner, grant a variance from all or part of this section. In order for the variance to be granted,the written appeal must clearly show that the property owner would be subject to uniquehardship, and not just mere inconvenience.(Code 1979, § 5-1022)


ARTICLE II. SEWER SERVICE



Approving authority means the board of commissioners.

BOD (denoting five-day biochemical oxygen demand) means the quantity of oxygen utilizedin the biochemical oxidation of organic matter as measured by standard laboratory methods,in five days at 20 degrees Celsius as set out in this section, expressed in mg/l.


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COD (denoting chemical oxygen demand) means the quantity of equivalent oxygen utilizedin the chemical oxidation of organic matter as measured by standard laboratory methods, asset out in this section, expressed in mg/l.

Color means the true color due to substances in solution which cause any variation in thehue of the receiving stream.

Domestic sewage means water-carried waste from bathrooms, toilet rooms, kitchens andhome laundries.

Excessive radiation dose means a dose of radiation in excess of the maximum dose.

Garbage means solid wastes from the preparation, cooking and dispensing of food that hasbeen shredded to such a degree that all particles will be carried freely under the flowconditions normally prevailing in public sewers, with no particle greater than one-half-inch inany dimension.

Industrial wastes means the water-carried wastes from industrial, institutional andcommercial processes and operations as distinct from domestic sewage.

IOD (denoting immediate oxygen demand) means the quantity of oxygen utilized by anindustrial waste in excess of that normally attributable to sewage as measured by usingstandard laboratory methods, as set out in this section, expressed in mg/l.

Maximum permissible dose means a dose of radiation to any part of the body, internal orexternal, or both, that in the light of present knowledge, is not expected to cause appreciablebodily injury to a person at any time during his lifetime.

mg/l (denoting milligrams per liter) means parts per million by weight (one part per millionequals one milligram per liter)

Person means any individual, business entity, partnership, corporation, governmentalagency or political subdivision.

pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration, andindicates the degree of acidity or alkalinity of a substance. A pH value of 7.0 is neutral, above7.0 is alkaline and below 7.0 is acid.

Public sewer means a sanitary sewer or storm sewer which is controlled by the town and inwhich all owners of abutting properties have equal rights.

Receiving stream means a body of water, stream, or watercourse receiving the dischargewaters from the waste treatment plant or formed by the waters discharged from the wastetreatment plant.

Sanitary sewer means a sewer which carries sewage or industrial wastes.

Sewage means a combination of the water-carried wastes from residences, businessbuildings, institutions, and industrial establishments.

Sewage works means all facilities for collecting, pumping, treating, and disposing of sewage.

§ 34-51UTILITIES

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Sewer means a pipe or conduit for carrying sewage.

Storm sewer and storm drain mean a sewer which carries stormwater or surface water anddrainage, but excludes sewage and industrial wastes.

Suspended solids means solids that either float on the surface of or are suspended in water,sewage or other liquids, and which are removable by laboratory filtering.

Waste treatment plant means any arrangement of devices and structures used for treatingand disposing of sewage.

User means any person utilizing the town sewage works for discharge of waste; and anyperson using a lot, parcel of land, building or other premises connected to and dischargingsewage, industrial wastewater or other liquid, into the sanitary sewer system of the town, andwho pays, or who is or would be legally responsible for the payment of utility rates or chargesmade against such premises upon its connection to the water distribution system of the town.(Ord. of 1-1-1981, § I)

Cross reference—Definiotions generally, § 1-2.

Sec. 34-52. Prohibited use of public sanitary sewers.

(a) No person shall discharge or deposit, either directly or indirectly, any of the followingmaterials into any sanitary sewer of the town except those pretreated pursuant to sections34-53 through 34-60 or discharged to approved applications as provided in sections 34-53through 34-60:

(1) Industrial wastes.

(2) Any clothing, rags, textile remnants or waste, cloth, scraps, except fibers or scrap thatwill pass through a one-fourth-inch mesh screen or its equivalent in screening ability.

(3) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.

(4) Any water or waste which may contain more than 100 mg/l of fat, oil, or grease.

(5) Any gasoline, kerosene, benzene, naphtha, fuel oil, motor oil, or other flammable orexplosive liquid, solid or gas.

(6) Any garbage that has not been properly shredded.

(7) Any solid or viscous substance including but not being limited to: ashes, cinders, sand,mud, straw, shavings, metal, glass, rags, tar, plastics, wood, paunch manure, andanimal viscera, parts, feathers or hair, lime slurry, lime residues, slops, whole blood,fleshings, chemical residues, paint residues, and bulk solids in any amount, concen-tration or proximity to other discharges, which is capable, alone or in combination withany other substances, of obstructing or causing an obstruction to the flow in sewers orof any other interference with the proper operations of the sewage works.

(8) Any water, waste, or other medium in which the suspended solids exceed 200 mg/l.

(9) Any water, waste, or other medium in which the five-day BOD exceeds 200 mg/l.


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(10) Any water, or other medium in which the COD exceeds 600 mg/l.

(11) Any water, waste, or other medium in which the IOD exceeds 5.0 mg/l.

(12) Any water, waste, or other medium having a stabilized pH lower than 5.5 or higherthan 9.0 or having any other corrosive property capable of causing damage or hazardto structures, equipment, and personnel of the sewage works.

(13) Any water, waste, or other medium containing any heavy metal including but notlimited to: chromium, zinc, nickel, or capable of being reduced to an ionic or chemicallyactive state, in any amount, concentration, or proximity to any other discharge whichis measurable by means of the procedures referred to in sections 34-53 through 34-60.

(14) Any water, waste, or other medium containing any poisonous substance, including butnot limited to cyanide.

(15) Any water, waste or other medium containing any toxic, poisonous or other substancein sufficient quantities or concentrations to interfere with the biological processes usedin waste treatment works or to pass through the waste treatment works and harm orcause any harm, under any condition, to any persons, livestock, or aquatic life utilizingthe receiving stream.

(16) Any noxious, malodorous, or other gas or substance in any amount, concentration orproximity to any other discharge capable, alone or in combination with any othersubstance, of creating a public nuisance.

(17) Any radioactive materials in solid state or in a solution which can be removed byphysical or chemical means and can be disposed of in solid form.

(18) Any radioactive materials in soluble ion form in sufficient quantities to create a healthor life hazard, under any conditions, to sewage works personnel or to the biological lifein the water treatment plant or receiving stream.

(19) Any materials which form excessive amounts of scum that may interfere with theoperation of the waste treatments or cause undue additional labor in connection withits operation.

(20) Any water, waste, or other medium containing suspended solids of such character andquantity that unusual attention or expense is required to handle such materials at thewaste treatment plant.

(21) Any water, waste or other medium containing dyes or other color of such character andin such quantity as to prevent removal by biological processes and which requirespecial chemical treatment.

(22) Any water, waste or other medium which is concentration of any given constituent orin any quantity of flow exceeds, for any period of duration longer than 15 minutes,more than five times the average 24-hour concentration of flows during normaloperation.

§ 34-52UTILITIES

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(b) All persons generating wastes described in subsection (a) of this section, shall pretreator otherwise dispose of it so as to make the waste discharge to the public sewer acceptableunder the standards established in this chapter; except as provided in sections 34-53 through34-60.

(c) No person shall discharge or cause to be discharged any stormwater, surface water,groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial orcommercial process water into any sanitary sewer.(Ord. of 1-1-1981, § II)

Sec. 34-53. Permissive use of public sanitary sewers for industrial and other waste.

(a) Application to approving authority. Any person who shall desire to discharge anyindustrial or otherwise prohibited wastes into the town's sanitary sewers or who shalldischarge such wastes, shall, before making any such discharge, first apply to the approvingauthority for permission to do so.

(b) Permission by approving authority; renewal. The approving authority shall grant suchpermission when evidence is submitted by the applicant that the discharge of wastes into thepublic sewers will comply with the requirements of this article, 40 CFR 403, and the nationalpollutant discharge elimination system. Disputes over the sufficiency of such evidence shall beto the town board. Permits shall be valid for a period of one year. Renewal will be consideredby the approving authority upon application.(Ord. of 1-1-1981, § III(A))

Sec. 34-54. Preliminary treatment of handling facilities.

(a) Applicants for permits to discharge industrial and other wastes shall provide, at theirown expense, such preliminary handling as may be necessary to control the quantities andrates of discharge of such wastes over a 24-hour period. Plans, specifications and any otherpertinent information relating to proposed preliminary treatment of handling facilities shallbe submitted for the approval of the approving authority and no construction of such facilitiesshall be commenced until such approval is obtained in writing.

(b) However, the approval of such plans will in no way relieve such persons of theresponsibility for modifying the facility once constructed as necessary to produce an effluentacceptable to the approving authority under the terms of this article.(Ord. of 1-1-1981, § III(B))

Sec. 34-55. Approved wastes.

(a) Characteristics. With the written approval of the approving authority, wastes having thefollowing characteristics may be admitted into the town's sanitary sewers upon payment of anadditional charge:

(1) Those having BOD greater than 200 mg/l.

(2) Those containing suspended solids of more than 200 mg/l.


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(b) Wastes exceeding limits. When industrial wastes, with the concentrations of BOD andsuspended solids exceeding the 200 mg/l limit prescribed in subsection (a) of this section, orother, temporarily permitted wastes are discharged into the town's sewers, a monthlysurcharge shall be imposed upon the responsible industrial user or other user. The surchargeshall be based upon the excess pounds of BOD and suspended solids contained in the user'ssewage flow. Such excess shall be calculated as the difference between the actual, five-dayBOD and suspended solids concentrations found by the approving authority and the permis-sible, 200 mg/l limits, all based upon the user's water flow as measured by the proceduredescribed in section 34-64.

(c) Surcharge on excessive waste. The surcharge shall be imposed in addition to the normalsewer service charge. The amount of the surcharge per pound shall be established uponadoption and, thereafter, for the following calendar year by the town board at its first regularmeeting in December and shall be applied beginning with the following January billing, andduring the subsequent months of the calendar year. The surcharge shall be large enough tocover the total projected cost of treating excess industrial waste for the following year and ofadministering the industrial waste provisions of this article. Projected costs shall be basedupon actual costs experienced during the preceding fiscal year.(Ord. of 1-1-1981, § III(C), (D))

Sec. 34-56. Construction and maintenance of manholes.

Any person discharging industrial wastes into the public sewers may be required toconstruct and maintain a suitable control or inspection manhole either downstream from anytreatment, storage, or other approved works, or, if pretreatment works are not required, at thepoint where the wastes enter the public sewer. Such manhole shall be located so as to bereadily accessible and shall be constructed in a manner approved by the approving authorityto facilitate any inspection or measuring which may be necessary for the proper samplingand/or control of the waste discharged. Any person maintaining such facilities shall beresponsible for the safety of persons entering the premises for the purposes of inspection by thetown, county, state, or federal agencies and be liable for all injuries caused by unsafeconditions.(Ord. of 1-1-1981, § III(H))

Sec. 34-57. Applicants and user requirements.

(a) Applicants shall provide grease, oil and sand interceptors when, in the opinion of theapproving authority, they are necessary for the proper handling of liquid wastes containinggrease, flammable substances, sand, or other such ingredients; except that such interceptorsshall not be required for private living quarters or dwelling units. All interceptors shall bemaintained by the owner at this expense in continuous and efficient operation at all times.

(b) Notice by the user shall be given to the approving authority in advance or at the earliestpossible time, when normal operations of the industry will be interrupted for 24 hours, nolonger, when wastes will not be available for discharge, or when a change of process iscontemplated which will alter demands on the municipal treatment facilities.

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(c) When a user provides preliminary treatment or holding facilities or when they arerequired by the approving authority, for any purpose, their owner shall maintain them at hisexpense, in continuous efficient and satisfactory operation at all times.(Ord. of 1-1-1981, § III(E—G))

Sec. 34-58. Noncompliance.

When a user is found not to be in compliance with this article, notice shall be given by theapproving authority that compliance must be achieved within a time period determined by theapproving authority. Should compliance not be achieved within the scheduled limits, thepermit to discharge into the town's sanitary sewers shall be revoked and not again issued untilcompliance can be achieved. All costs to the town incurred as a result of noncompliance by auser including but not limited to operation, maintenance, and fines shall be billed to that user.(Ord. of 1-1-1981, § III(I))

Sec. 34-59. Connections.

(a) Any connection to the town's sanitary sewer system without the permission of theapproving authority shall be an illegal connection. Those persons making the connection shallbe charged with a misdemeanor offense and a monetary fine imposed. Discharge through sucha connection shall not be allowed until the proper permission is granted. All costs incurred bythe town as a result of an illegal connection shall be billed to those persons making theconnection.

(b) The approving authority may prohibit entry of particular industrial wastes into thesanitary sewer whenever such action is necessary to prevent damage to the system or todetermine the effects of such wastes on the sewer system.

(c) All persons with indoor plumbing within the corporate limits of the town shall berequired to connect to the sewer system as sewage collection lines are made accessible to theirproperty. The approving authority or an assistant designated by it shall be allowed to visuallyinspect the connection. Physical connections shall be made in accordance with the UnitedStates Environmental Protection Agency regulations in effect at the time of connection. Theconnection charge shall be as stated in section 34-68.(Ord. of 1-1-1981, § III(J—L))

Sec. 34-60. Design and construction.

The design and construction of any sanitary sewers to be connected to the sewer system ofthe town shall be constructed in accordance with the United States Environmental ProtectionAgency regulations in effect at the time of construction.(Ord. of 1-1-1981, § III(M))

Sec. 34-61. Structures required.

(a) Storage tanks. In order to equalize flows over a 24-hour period, each person discharginga waste into the town's sanitary sewers having a volume in excess of 10,000 gallons in any oneday shall construct and maintain at his own expense a suitable storage tank. Such tank shall


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have a capacity of at least 80 percent of the normal volume of one 24-hour production periodof waste and whose outlet to the sewer is controlled by a water works type rate controller, orother approved device, the setting of which shall be directed by the approving authority.

(b) Control manhole; measuring device. Where a storage tank is not required, the controlmanhole shall be equipped with a permanent type volume measuring device such as a nozzle,or other suitable devices as may be approved by the approving authority. The manhole shall beinstalled at the expense of the person discharging the wastes and shall be maintained by himso as to be safe, accessible and in proper operating condition at all times.

(c) Plans for construction. Plans for the construction of the storage tank, control manhole,and controlling devices shall be approved by the approving authority prior to the beginning ofconstruction.(Ord. of 1-1-1981, § IV)

Sec. 34-62. Permits.

(a) Industrial waste. Any person desiring to deposit or discharge, or who is now depositingor discharging any industrial waste into the sanitary sewers shall make application only whenevidence is submitted by the applicant that the discharge into the sanitary sewer will complywith all of the regulations of this article, 40 CFR 403, and the national pollutant dischargeelimination system.

(b) Domestic waste. Any person desiring to discharge domestic waste into the sanitarysewers shall make application for a connection to the approving authority. Upon payment ofthe connection fee as stated in section 34-66, the approving authority shall approve theapplication and issue a connection permit.(Ord. of 1-1-1981, § V)

Sec. 34-63. Outside connections.

Any person owning or controlling premises located beyond the corporate limits of the townand desiring to install a plumbing system for the purpose of discharging domestic sewageand/or industrial waste into the sanitary sewers of the town may do so by complying with therequirements of this article and by paying an additional permit fee and a monthly sewercharge as fixed by the approving authority.(Ord. of 1-1-1981, § VI)

Sec. 34-64. Powers and authority for inspection.

The approving authority and other duly authorized employees and/or representatives of thetown, bearing proper credentials and identification, shall be permitted to enter upon allproperties for the purpose of inspection, observation, measurement, sampling, and testing, inaccordance with the provisions of this article.(Ord. of 1-1-1981, § VII)

§ 34-64UTILITIES

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Sec. 34-65. Measurement of flow.

(a) Metered water consumptions. The volume of flow used in computing sewer use chargesshall be based upon metered water consumption as shown in the records of meter readingmaintained by the town. If a person discharging wastes into the sanitary sewer systemproduces evidence to the approving authority for a reduced percentage of total waterconsumption to be used in computing sewer charges then such sewer charges shall be adjustedaccordingly.

(b) Alternate water supply; approved water meters. Where the person discharging wastesinto the sanitary sewers of the town procures any part, or all of, his water supply from sourcesother than that of the town, all or part of which is discharged into the sanitary sewer, theperson discharging the waste shall have the option to install and maintain, at his expense,water meters of a type approved by the approving authority for the purpose of determining theproper volume of flow to be charged or pay the monthly charge as described in section 34-67.The approving authority has a right to read such private meters.(Ord. of 1-1-1981, § VIII)

Sec. 34-66. Determining of character and concentration of wastes.

(a) Periodic determination. The approving authority or an assistant designated by it shallmake a periodic determination of character and concentration of wastes as may be deemednecessary by the approving authority.

(b) Approval of sample sites. Location and design of sampling sites shall be approved by theapproving authority.

(c) Collection of samples. Samples shall be collected in such a manner as to be satisfactoryto the approving authority. The laboratory methods used in the examination of the wastewa-ters shall be those set forth in the latest edition of the Standard Methods for the Examinationof Water and Wastewater, published by the American Public Health Association.

(d) Determination of wastes. The determination of the character and concentration of theindustrial wastes by the approving authority or his authorized assistants, shall be binding asa basis for charges. Industries wishing to have another sample taken other than at regularintervals may ask the approving authority to take such a sample.

(e) Costs included in surcharge. Cost incident to sampling and analyzing of wastes that areapplicable to surcharges shall be included in the surcharge made to persons dischargingwastes into the town sanitary sewers.(Ord. of 1-1-1981, § IX)

Sec. 34-67. Sewer use charges.

(a) Explanation of charges. All persons connecting to or discharging to the town sanitarysewer system shall be subject to the charges stated within this section. Persons will be notifiedof the charges by monthly bills in accordance with section 34-68.


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(b) Connection and reconnection charges. These charges shall be payable in advance.

(c) Sewer use charges. Sewer use charges shall be applicable to all persons connecting to ordischarging to the town sanitary sewer system and shall be set from time to time by the boardof commissioners and a schedule of such fees is on file and available in the town clerk's office.

(d) Use tax to be paid by all potential customers. Every potential customer within the townlimits, who will not discharge sewage, although such sewer is available for use, even thougha service has not been installed and application has not been made for service, to the townsewer system shall pay to the town for such service, a use tax or charge equal to a minimumsewer rate charged by the town.(Ord. of 1-1-1981, § X)

Sec. 34-68. Surcharge for treatment of industrial wastes.

(a) Explanation of surcharges. All persons discharging industrial wastes into the townsanitary sewer system shall be rendered a monthly bill as a surcharge covering the entire coststo the town incurred by treating all wastes having a biochemical oxygen demand in excess of200 parts per million and/or suspended solids in excess of 200 parts per million. The surchargeshall be imposed as provided in this section in addition to any existing sewer service chargeand to any sewer charge imposed after the adoption of the ordinance from which this articleis derived. The surcharge shall include:

(1) All fixed charges and amortization costs of additional plant capacity required fortreating the industrial wastes.

(2) A charge covering the cost incurred by the town in treating the wastes in the municipalsewage treatment plants.

(b) Payable. The surcharge, as set forth in subsection (a) of this section, shall be billed andpayable monthly on the bill rendered to the proper persons by the town sewer department.(Ord. of 1-1-1981, § XI)

Sec. 34-69. Billing.

(a) Bills will be sent through the United States mail notifying all persons of the amount anddate due. Failure to receive notice is not an excuse for nonpayment of bills.

(b) Persons not having paid their bills after the 15th day of the month will be delinquent.Thereafter, whereupon a penalty of 10 percent will be added, and if not paid by the last day ofthe month, service may be discontinued by the town. Reconnection shall be made at theperson's expense as stated in section 34-67.(Ord. of 1-1-1981, § XII)

§ 34-69UTILITIES

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Sec. 34-70. Protection from damages.

It shall be considered a misdemeanor to maliciously, willfully, or negligently break, damage,destroy, uncover, deface, or tamper with any equipment or materials belonging to the townused for the purpose of making tests or examinations and left upon the premises of a persondischarging wastes into the sewers.(Ord. of 1-1-1981, § XIII)

Sec. 34-71. Pretreatment requirements.

Pretreatment requirements for major contributing industry shall be in accordance with 40CFR 403 and the National Pollutant Discharge Elimination System (NPDES) (Ref: 40 CFR125), and allocated for discharging by this article.(Ord. of 1-1-1981, § XIV)

Sec. 34-72. Prohibited waste discharges.

No user shall discharge any pollutants which interfere with the proper operation orperformance of the waste treatment plant as defined by 40 CFR 403.5.(Ord. of 1-1-1981, § XV)

Sec. 34-73. Industrial cost recovery.

All users shall participate in the users charge/industrial cost recovery (UC/ICR) provisionsas applicable, pursuant to 40 CFR 35.925-11, 35.925-12, 35.928, and appendix B and asapproved by EPA.(Ord. of 1-1-1981, § XVI)


ARTICLE III. WATER SERVICE

Sec. 34-101. Classification of service.

All water services are classified under one category to include residential, schools, churches,and commercial users.(Ord. of 7-1-1994, § I)

Sec. 34-102. Rate schedule and top-on fees.

(a) Rate schedule.

(1) In-town regular residential and commercial water customers. The rate schedule forin-town regular residential and commercial water customers shall be set out from timeto time by the board and the schedule of such rates is on file and available in the townclerk's office.


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(2) Out-of-town. All water services located outside of the town limits will be billed atdouble (two times) the rate set out in subsection (1) of this section.

(b) Tap-on fees. All costs associated with tap, line or meter installation will be billed at costplus ten percent.(Ord. of 7-1-1994, § II)

Sec. 34-103. Application for service.

(a) Service will be supplied only to those who are within the town limits and have paid thedeposit or to those outside of the town limits who have made arrangements for service andhave paid the deposit.

(b) The consumer will make application for service, in person, at the town office and at thesame time make the deposit guarantee required in section 34-104.

(c) The town may reject any application for service not available under a standard rate orwhich involves excessive service cost, or which may affect the supply of service to othercustomers or for other good and sufficient reasons.

(d) The town may reject any application for service when the applicant is delinquent inpayment of bills incurred for service previously supplied at any location, provided that whenthe customer has been served water and has not paid for the water, the town shall not berequired to render service to anyone at the location where the water was used, until the waterbill has been paid.(Ord. of 7-1-1994, § III)

Sec. 34-104. Deposit.

(a) For residential use, the currectly required cash deposit for property owners and thecurrently required cash deposit for renters will be required. For commercial use, a cash depositof the same amounts will be required. The amount of such deposits shall be set from time totime by the board and a schedule of such deposits is on file and availbale in the town clerk'soffice.

(b) The individual in whose name the deposit is made shall be responsible for payment ofall bills incurred in connection with the service furnished.

(c) A separate deposit is required for each meter installed.

(d) The deposit receipt is not negotiable and can be redeemed only at the town office.

(e) Where the town finds that the request for a guarantee deposit refund is questionable,the town may require the applicant for refund to produce the deposit receipt properlyendorsed.(Ord. of 7-1-1994, § VI)

§ 34-104UTILITIES

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Sec. 34-105. Initial or minimum charge.

(a) The initial or minimum charge, as provided in the rate schedule, shall be made of eachmeter installed, regardless of location. Each meter requires a separate meter reading account,and each meter reading account shall be separate and individual.

(b) In instances where service is furnished to a consumer during certain months only, theminimum charge per service for the period of nonuse shall be the regular minimum charge inthe published rates of the town.

(c) Water furnished for a given lot shall be used on that lot only. Each consumer's servicemust be separately metered at a single delivery and metering point. Each commercial unit andeach storeroom or stall used for business purposes shall have a separate meter. All commercialuses including storerooms and stalls for business purposes shall be metered separately fromany residential use and vice versa, whether now in service or to be installed in the future.(Ord. of 7-1-1994, § V)

Sec. 34-106. Town's responsibility and liability.

(a) Service line; tap-on fee. The town shall run a service line from its distribution line to theproperty line where the distribution line runs immediately adjacent and parallel to theproperty to be served, and for which a tap-on fee then in effect will be charged.

(b) Installation of meter. The town may install its meter at the property line or, at the town'soption, on the consumer's property or in a location mutually agreed upon.

(c) Multiple meters on same location. When two or more meters are to be installed on thesame premises for different consumers, they shall be closely grouped and clearly designated towhich consumer it applies.

(d) Inspection of piping and apparatus. The town does not assume the responsibility ofinspecting the consumer's piping or apparatus and will not be responsible therefor.

(e) Refusal of service. The town reserves the right to refuse service unless the consumer'slines or piping are installed in such manner as to prevent cross connections or backflow.

(f) Liability. The town shall not be liable for damage of any kind whatsoever resulting fromwater or the use of water on the consumer's premises, unless such damage results directlyfrom negligence on the part of the town. The town shall not be responsible for any damage doneby or resulting from any defect in the piping, fixtures, or appliances on the consumer'spremises. The town shall not be responsible for negligence of third persons or forces beyond thecontrol of the town resulting in any interruption of service.

(g) Notification for interruption of service. Under normal conditions, the consumer will benotified of any anticipated interruption of service.(Ord. of 7-1-1994, § VI)


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Sec. 34-107. Consumer's responsibility.

(a) Arrangement of piping. Piping on the consumer's premises must be so arranged that theconnections are conveniently located with respect to the town's lines or mains.

(b) Additional meters. If the consumer's piping on consumers's premises is so arranged thatthe town is called upon to provide additional meters, each place of metering will be consideredas a separate and individual account.

(c) Suitable location. Where a meter is placed on the premises of a consumer, a suitableplace shall be provided by the consumer for placing such meter unobstructed and accessible atall times to the meter reader.

(d) Maintenance of piping and apparatus. The consumer's piping and apparatus shall beinstalled and maintained by the consumer at the consumer's expense in a safe and efficientmanner and in accordance with the town's rules and in full compliance with the sanitaryregulations of the state board of health.

(e) Protection of town property. The consumer shall guarantee proper protection for thetown's property placed on the consumer's premises and shall permit access to it only byauthorized representative of the town.

(f) Assumption of liability by customer. If any loss or damage to the property of the town orany accident or injury to persons or property is caused by or results from the negligence orwrongful act of the consumer, his agents, or employees, the cost of the necessary repairs orreplacements shall be paid by the consumer to the town; and any liability otherwise resultingshall be assumed by the consumer.

(g) Cost of liabilities. The amount of such loss or damage or the cost of repairs shall beadded to the consumer's bill; and if not paid, service may be discontinued by the town.(Ord. of 7-1-1994, § VII)

Sec. 34-108. Extension to mains and services.

(a) Construction of extensions. The town may construct extensions to its water lines topoints within its service area but the town shall not be required to make such installationsunless the consumer advances to the town the entire cost of the installation.

(b) Contracts. All line extensions shall be evidenced by a contract signed by the town andthe person advancing funds for the extension, but each contract shall be null and void unlessapproved by the town board of commissioners.

(c) Refunds. No refund shall be made from any revenue received from any lines leading upto or beyond the particular line extension covered by the contract.

(d) Terms of refunds. It is understood that the town may, at its option, at any time withinthe one-year period refund, in full, the difference between the amount that has already beenrefunded and the amount deposited.

§ 34-108UTILITIES

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(e) Undeveloped subdivisions. Water distribution lines to serve undeveloped subdivisionswill be handled as follows:

(1) The developer will submit plans for review and approval by the town, its engineer andthe state board of health.

(2) The developer will install the lines in accordance with the approved plans.

(3) Upon completion of the new extension, the developer will deed the complete facility, toinclude all rights-of-way, easements, permits, franchises, and authorizations or otherinstruments needed, for the operation and maintenance of the facility, to the town. Thetown will not reimburse the developer for the extension.

(Ord. of 7-1-1994, § VIII)

Sec. 34-109. Access to premises.

(a) Authorized agents. Duly authorized agents of the town shall have access, at allreasonable hours, to the premises of the consumer for the purpose of installing, or removingtown property, inspecting piping, reading or testing meters or for any other purpose inconnection with the town's service and facilities.

(b) Perpetual easement. Each consumer shall grant or convey, or shall cause to be grantedor conveyed, to the town, a perpetual easement and right-of-way across any property owned orcontrolled by the consumer wherever such perpetual easement and right-of-way is necessaryfor the town water facilities and lines, so as to be able to furnish service to the consumer.(Ord. of 7-1-1994, § IX)

Sec. 34-110. Change of occupancy.

No less than three days' notice must be given in person or in writing, at the town office, todiscontinue service or to change occupancy.(Ord. of 7-1-1994, § X)

Sec. 34-111. Billing and collection.

(a) Figuring of bills. Bills for water will be figured in accordance with the town's publishedrate schedule then in effect and will be based on the amount consumed for the period coveredby the meter readings, except where a consumer orders turn-off less than one month afterturn-on, the minimum bill to such consumer for such period shall be equal to the minimumcharge for one full month's service.

(b) Commencement of service. Charge for service commences when the meter is installedand connection made, whether used or not.

(c) Multiple meters on one premises. Reading from different meters will not be combined forbilling, irrespective of the fact that the meters may be for the same or different premises, orfor the same or different consumers, or for the same or different services.


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(d) Bills due. Bills are due when rendered and become delinquent after the 15th of themonth. Thereafter, a penalty of ten percent will be added; and if not paid by the last day of themonth, service may be discontinued by the town, and a reconnection fee charged.

(e) Failure to receive bills or notices. Failure to receive bills or notices shall not prevent suchbills from becoming delinquent or relieve the consumer from payment.(Ord. of 7-1-1994, § XI)

Sec. 34-112. Suspension of service.

(a) Settling of account. When services are discontinued and all bills paid, the deposit will berefunded.

(b) Application of deposit towards settlement. Upon discontinuance of service for nonpay-ment of bills, the deposit will be applied by the town toward settlement of the account. Anybalance will be refunded to the consumer, but if the deposit is not sufficient to cover the bill,the town may proceed to collect the balance in the usual way provided by law for the collectionof debts.

(c) Restoration for delinquent accounts. Service discontinued for nonpayment of bills will berestored only after bills are paid in full, redeposit made and service charge paid for each meterreconnected.

(d) Reasons for discontinuance of service. The town reserves the right to discontinue itsservice without notice for the following reasons:

(1) To prevent fraud or abuse.

(2) Consumer's willful disregard of the town's rules.

(3) Emergency repairs.

(4) Insufficiency of supply due to circumstances beyond the town's control.

(5) Legal processes.

(6) Direction of public authorities.

(7) Strike, riot, fire, flood, accident or any unavoidable cause.

(e) Prosecution and refusal of service. The town may, in addition to prosecution by law,permanently refuse service to any consumer who tampers with a meter or other measuringdevice.(Ord. of 7-1-1994, § XII)

Sec. 34-113. Complaints and adjustments.

(a) Presentation of claims. If the consumer believes his bill to be in error, he shall presenthis claim, in person, at the town office before the bill becomes delinquent. Such claim if madeafter the bill has become delinquent shall not be effective in preventing discontinuance ofservice, as provided in this article. The consumer may pay such bill under protest and thepayment shall not prejudice his claim.

§ 34-113UTILITIES

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(b) Special meter readings. The town will make special meter readings at the request of theconsumer.

(c) Testing of meters. Meters will be tested at the request of the consumer upon payment tothe town of the actual cost to the town of making the test. However, if the meter is found to overregister beyond one percent of the correct volume, no charge will be made.

(d) Broken meter seal. If the seal of a meter is broken by other than the town'srepresentative or if the meter fails to register correctly or is stopped for any cause, theconsumer shall pay an amount estimated from the record of the previous bills and/or fromother prior data.(Ord. of 7-1-1994, § XIII)

Sec. 34-114. Abridgement of modification of rules.

(a) No promise, agreement or representation of any employee of the town shall be bindingupon the town except as it shall have been agreed upon in writing, signed and accepted by theacknowledged officers of the town.

(b) No modification of rates or any of the rules and regulations shall be made by any agentof the town.(Ord. of 7-1-1994, § XIV)

Sec. 34-115. Use tax.

Every potential customer within the town limits, who will not use water supplied, furnishedor available for use (even though a service has not been installed and application has has notbeen made for service) from the town water system shall pay to the town for such service a usetax or charge equal to the minimum water rate charged by the town.(Ord. of 7-1-1994, § XV)


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Chapter 35

RESERVED

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Chapter 36

VEHICLES FOR HIRE*



Article II. Taxicabs


Sec. 36-31. Definitions.Sec. 36-32. Rates of fares.Sec. 36-33. Office and base required.Sec. 36-34. Limitation on number of taxicabs and drivers' permits issued.Sec. 36-35. Insurance required.Sec. 36-36. Tax.Sec. 36-37. Identification of vehicles.Secs. 36-38—36-60. Reserved.

Division 2. Certificate of Convenience and Necessity.

Sec. 36-61. Certificate required.Sec. 36-62. Application.Sec. 36-63. Issuance.Sec. 36-64. Validity of certificate.Sec. 36-65. Null and void.Sec. 36-66. Transfer of certificate.Sec. 36-67. Revocation.Secs. 36-68—36-90. Reserved.

Division 3. Driver's Permit

Sec. 36-91. Permit required.Sec. 36-92. Application.Sec. 36-93. Investigation of application.Sec. 36-94. Grounds for disqualification of applicant.Sec. 36-95. Issuance.Sec. 36-96. Duration.Sec. 36-97. Fees and refunds.Sec. 36-98. Suspension and revocation.Sec. 36-99. Display of permit and photograph.Sec. 36-100. Exception.

*Cross references—Streets, sidewalks, and other public places, ch. 28; traffic andvehicles, ch. 32.

State law reference—Authority to regulate and license vehicles for hire, G.S. 160A-304.

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ARTICLE II. TAXICABS*



The following word, terms and phrases, when used in this article, shall have the meaningsascribed to them in this section, except where the context clearly indicates a different meaning:

Taxicab means any motor vehicle seating nine or fewer passengers operated upon any streetor highway on call or demand, accepting or soliciting passengers indiscriminately for hirebetween such points among the streets or highways as may be directed by the passenger orpassengers so being transported.(Ord. of 3-2-1998, § 6-1001)

Cross reference—Definitions generally, § 1-2.State law reference—For-hire passenger vehicles defined, G.S. 20-4.01(27)(b).

Sec. 36-32. Rates of fares.

The town board shall from time to time adopt a schedule of rates to be charged by taxicabsfor hauling passengers. The schedule of rates so fixed shall at all times be prominently postedand displayed in such taxicab so as to be visible to the passengers therein, and a copy shall befiled in the office of the town clerk.(Ord. of 3-2-1998, § 6-1002)

State law reference—Authority of town to establish rates that may be charged by taxicaboperators, G.S. 160A-304.

Sec. 36-33. Office and base required.

Every person operating any taxicab within the corporate limits of the town shall have anoffice or base with the name of such operator prominently displayed.(Ord. of 3-2-1998, § 6-1003)

*State law references—Transporting fortified wine or spirituous liquor in a for-hirepassenger vehicle, G.S. 18B-401; age limits for drivers of public passenger-carrying vehicles,G.S. 20-10; general municipal powers as to taxicabs, G.S. 20-37, 160A-304; passenger vehicleregistration fees, G.S. 20-87; for-hire vehicles to be marked, G.S. 20-101; financial responsi-bility, G.S. 20-280.

§ 36-33VEHICLES FOR HIRE

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Sec. 36-34. Limitation on number of taxicabs and drivers' permits issued.

The town board may from time to time limit the number of taxicabs to be operated on thestreets of the town and may limit the number of drivers' permits to be issued.(Ord. of 3-2-1998, § 6-1004)

State law reference—Authority to require taxicab drivers to have a permit and estab-lishing conditions for issuance and revocation of permits, G.S. 160A-304.

Sec. 36-35. Insurance required.

Owners and operators of taxicabs within the town shall submit proof of financial responsi-bility in accordance with G.S. 20-280.(Ord. of 3-2-1998, § 6-1005)

Sec. 36-36. Tax.

Taxicab operators or owners shall pay to the town the currently required tax for eachtaxicab operated in the town. Such tax shall be due and payable July 1 of each year. Theamount of such tax shall be set from time to time and a schedule of such tax shall be on fileand available in the town clerk's office.(Ord. of 3-2-1998, § 6-1006)

State law reference—Authority of town to levy not more than fifteen dollars upon eachvehicle operated as a taxicab, G.S. 20-97(a).

Sec. 36-37. Identification of vehicles.

(a) A name identifying the owner, taxicab company, taxicab and telephone number shall bepainted with permanent paint on both sides and the rear of each cab with letters and numbersat least four inches high on the sides and with a cab number on the rear at least four incheshigh at a location to be designated by the chief of police. In lieu of painting the company nameon the sides and rear of the taxicabs, a lighted globe may be placed on top of the taxicab withidentifying company, taxicab number and telephone number. An advertising billboard on theback of the taxicab with the company name, taxicab number and telephone number is alsoallowed, but cannot interfere with vision.

(b) Colors of paint to be used for lettering and numbering shall be of sharp contrast with thecolor of surface paint to which this is applied so as to be evenly visible at a reasonable distance,especially at nighttime with street lights. No lettering or numbers shall be acceptable whichhave been painted upon a sheet or other material which in turn can be removed or detachedto conceal the identification of such cab company and cab number.

(c) No vehicle covered by the terms of this article shall be licensed nor shall a permit beissued for any vehicle whose identifying design, monogram or insignia to be used thereon shallconflict with or imitate any identifying design, monogram or insignia used on a vehicle alreadyoperating under a permit issued pursuant to this article in such a manner as to be misleadingor tending to deceive the public. After a license or permit has been issued for a taxicab underthis article, if the identifying design, monogram or insignia thereof is changed so as to be in


CD36:4


conflict with or imitate any existing approved identifying design, monogram or insignia usedby any other owner in such a manner as to be misleading or tending to deceive the public, thelicense of or permit covering such taxicab shall be suspended or revoked.(Ord. of 3-2-1998, § 6-1007)


DIVISION 2. CERTIFICATE OF CONVENIENCE AND NECESSITY.

Sec. 36-61. Certificate required.

It shall be unlawful for any person to operate a taxicab upon and over the streets of the townor at any point not incorporated within a radius of five miles thereof without first havingapplied for and secured from the town board a certificate of convenience and necessity as setforth in this division.(Ord. of 3-2-1998, § 6-1008)


(a) Filing of forms. Every person desiring to operate a taxicab upon and over the streets ofthe town shall file on forms supplied by the town clerk an application for a certificate ofconvenience and necessity.

(b) Hearing; notification and publication. Each application for a certificate of convenienceand necessity shall be scheduled for a hearing not later than 35 days after the application isfiled, and the applicant shall be notified by the town clerk by mail sent to the business addressset forth in the application of the date and time of such hearing. Such notification shall be sentat least ten days before the date set for the hearing. The town clerk shall also within the sametime notify all persons who at that time hold certificates of convenience and necessity for theoperation of taxicabs within the town of the date, time and place of such hearing and the nameof the applicant. In addition, the town clerk shall cause to be published at least once in anewspaper of general circulation or posted in three public places at least ten days before suchhearing a notice setting forth the name of the applicant and the date, time and place of thehearing. The cost of such publication is to be paid by the applicant.

(c) Burden of proof. The burden of proof shall be upon the applicant to establish theexistence of public convenience and necessity for the operation of the taxicab specified in thisapplication and all other facts required for the granting of a certificate.(Ord. of 3-2-1998, § 6-1010)

Sec. 36-63. Issuance.

(a) Powers of the board. The town board shall have the power and it shall be its duty toorder certain certificates of convenience and necessity issued or to refuse to issue certaincertificates or to issue certificates for a partial exercise of the privileges sought, and the boardmay attach to the exercise of the rights granted by such certificates such terms and conditionsas in their judgment the public convenience and necessity may require.


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(b) Considerations. In determining whether the public convenience and necessity requirethe franchising of such taxicab, the town board shall among other things take into consider-ation the following factors:

(1) Whether or not the public convenience and necessity require such proposed oradditional taxicab service with the town.

(2) The financial responsibility of the applicant and the likelihood of the proposed servicebeing permanent, responsible and satisfactory.

(3) The number of cabs and condition of equipment for initial operation.

(4) The number of taxicabs now operated, the demand for increased service if any, whetheror not the safe use of the streets by the public, both vehicular and pedestrian, will bepreserved and whether or not adequate provision has been made for off-street parkingof such taxicabs.

(5) The experience of the applicant in the taxicab business.

(6) Such other relative facts as may be deemed necessary and advisable.

(c) Investigation of facts. Before making any decision with respect to the issuance of acertificate of convenience and necessity, the town board or a committee thereof shall make afull and complete investigation of all facts and may, if it so desires, subpoena witnesses andutilize the services of the chief of police or any other officer or employee of the town.(Ord. of 3-2-1998, § 6-1011)

Sec. 36-64. Validity of certificate.

A certificate of convenience and necessity shall constitute a franchise from the town for theoperation of taxicabs within the town subject to the provisions of the article. Such certificateis valid until revoked by action of the town board.(Ord. of 3-2-1998, § 6-1009)

Sec. 36-65. Null and void.

If a certificate of convenience and necessity is granted under this division to an applicantand such applicant shall fail to begin operations within 60 days after the date of suchcertificate, such certificate shall become null and void.(Ord. of 3-2-1998, § 6-1012)

Sec. 36-66. Transfer of certificate.

A certificate of convenience and necessity required by this division is not transferablewithout the consent of the town board. Applications for a permit to transfer shall be filed in thesame manner as an application for a certificate of convenience and necessity. The proceedingupon such application for transfer shall be the same as those described for the issuance of acertificate; except, that the question of public convenience and necessity need not be proved.(Ord. of 3-2-1998, § 6-1013)


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Sec. 36-67. Revocation.

(a) Cause. The town board may at any time after a public hearing revoke any certificate ofconvenience and necessity issued under this article for any one or more of the following causes:

(1) Failure to operate the taxicabs specified in the certificate in such manner as to servethe public adequately and efficiently.

(2) Failure to maintain motor equipment in good repair.

(3) Failure to carry liability insurance or bond as required by this article.

(4) Repeated and persistent violation by the taxicab drivers of traffic and safety ordi-nances or state laws relating to alcoholic beverages, prostitution or controlledsubstances.

(5) Failure to pay any of the town taxes or license fees imposed upon such taxicabs.

(6) Failure to report accidents.

(7) Willful failure to comply with any provision of this article or other ordinance or statelaws relating to the operation of taxicabs.

(b) Notice; hearing. No certificate shall be revoked until the owner has had at least fivedays' notice by personal service or registered mail of the charges against him and the time andplace of a hearing. If after the hearing it is found that the owner is guilty of one or more of theoffenses listed in subsection (a) of this section, the town board shall have the power to revokethe certificate or to condition a revocation upon compliance of its order within any time fixedby it.(Ord. of 3-2-1998, § 6-1014)


DIVISION 3. DRIVER'S PERMIT


No person shall drive any taxicab carrying passengers for hire from place to place within thecorporate limits of the town or at any point not incorporated within a distance of five milesthereof unless that person shall have first applied to and secured from the town clerk a driver'spermit to operate a taxicab.(Ord. of 3-2-1998, § 6-1020)


(a) Permit. The application required of applicants to drive a taxicab as provided in thisdivision shall be made upon a form furnished by the town for such purposes. The applicationform shall, among other things, contain a place for the applicant to place his name, address,physical condition, physical description, former employers, court records and state chauffeur'slicense and number. The application must be signed by a licensed and practicing physician of


CD36:7


the state. The applicant shall have his fingerprints taken and a photograph made at the officeof the town's police department, and the fingerprints and photograph shall constitute and bea part of his application.

(b) Reissue permit. Application for a reissue permit shall state the name, address andpermit number of the preceding permit issued; provided, that such prior permit has not beenrevoked or has not expired more than 12 months prior thereto.(Ord. of 3-2-1998, § 6-1021)

State law reference—Uniform Driver's License Act, G.S. 20-5 et seq.

Sec. 36-93. Investigation of application.

The chief of police is hereby charged with the duty of investigating the facts stated in anapplication for a driver's permit to operate a taxicab and shall report his findings andrecommendations to the town clerk.(Ord. of 3-2-1998, § 6-1022)

Sec. 36-94. Grounds for disqualification of applicant.

A finding by the town clerk that any applicant for a driver's permit to operate a taxicab hasbeen guilty of any one of the following acts shall constitute adequate grounds for thedisqualification of such applicant:

(1) Physical unfitness.

(2) Conviction of a felony.

(3) Conviction of any crime relating to the use, possession or sale of intoxicating liquors.

(4) Conviction of any crime relating to the use, possession or sale of narcotic drugs.

(5) Conviction of any crime relating to prostitution.

(6) Habitual violation of traffic laws.

(7) Habitual use of intoxicating liquors or narcotic drugs.

(8) Any other grounds which would be clearly injurious to the health, safety or morals ofthe community.

(Ord. of 3-2-1998, § 6-1023)State law reference—Similar provisions, G.S. 160A-304.

Sec. 36-95. Issuance.

The driver's permit to operate a taxicab referred to in this division shall be issued uponauthorization of the town clerk following the determination that the applicant therefor is dulyqualified to hold such permit and after payment of the required fees. A holder of a validexisting permit or a prior holder of a valid existing permit that has not been revoked and thathas not lapsed for failure to renew for a period not exceeding 12 months shall be prima faciedeemed to be qualified for a reissue permit.(Ord. of 3-2-1998, § 6-1024)


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Sec. 36-96. Duration.

The original driver's permit to operate a taxicab issued under this division to any applicantshall be valid from the date of issuance until July 1 following. A reissue permit shall beprocured prior to the expiration date of a valid existing permit and such reissue permit shallbe valid for a period of one year from July 1, following the issuance thereof or until revoked oruntil and during such period such permit is suspended.(Ord. of 3-2-1998, § 6-1025)

Sec. 36-97. Fees and refunds.

Each person seeking an original driver's permit to operate a taxicab under this divisionshall pay to the town tax collector a fee for such permit with the application therefor. If suchapplication is denied, a refund shall be made. A person seeking a reissue license shall pay a feefor such reissue license. The amount of the permit fee, reissue fee and refund shall be set fromtime to time and a schedule of such fees is on file and available in the town clerk's office.(Ord. of 3-2-1998, § 6-1026)

Sec. 36-98. Suspension and revocation.

(a) At any time after the issuance of a driver's permit to operate a taxicab under thisdivision to any person the town clerk may suspend or revoke such permit upon hisdetermination that the person to whom the permit was issued has been guilty of any act orcease to qualify under any of the standards which would constitute grounds for denying thepermit as set forth in section 36-67 or 36-194.

(b) Any action instituted to revoke or suspend a permit shall be initiated by formal noticein writing to such party concerned and shall be subject to appeal as provided in subsection36-67(7).(Ord. of 3-2-1998, § 6-1027)

Sec. 36-99. Display of permit and photograph.

The driver of every taxicab shall at all times while operating such taxicab prominently postand display in such taxicab so as to be visible to the passengers therein his permit to drive ataxicab and his photograph made when such permit was issued.(Ord. of 3-2-1998, § 6-1028)

Sec. 36-100. Exception.

This division as presented is to apply to those businesses that are physically located in theTown of Aurora. Those businesses whose physical location is outside the Town of Aurora limitsshall be required to obtain a privilege license to operate in the town.(Ord. of 7-12-2004)


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Chapter 37

RESERVED

CD37:1


Chapter 38

ZONING*


Sec. 38-1. Establishment of regulations.Sec. 38-2. Intent.Sec. 38-3. Definitions.Sec. 38-4. Violations; penalties; remedies.Sec. 38-5. Application of the variance power.Secs. 38-6—38-40. Reserved.

Article II. Administration


Sec. 38-41. Establishment of administrative offices.Sec. 38-42. Duties and limitations of the zoning administrator.Sec. 38-43. Application for zoning compliance permit.Sec. 38-44. Issuance of zoning compliance permit.Sec. 38-45. Zoning compliance permit required.Sec. 38-46. Fees.Secs. 38-47—38-70. Reserved.

Division 2. Board of Adjustment

Sec. 38-71. Established.Sec. 38-72. Powers of board.Sec. 38-73. Board of adjustment administration.Sec. 38-74. Application of the variance power.Sec. 38-75. Application of special exception power.Secs. 38-76—38-100. Reserved.

Division 3. Amendments

Sec. 38-101. Intent.Sec. 38-102. Amendment initiation.Sec. 38-103. Referral of amendment petition to planning board.Sec. 38-104. Action of the planning board.Sec. 38-105. Public hearing and notice.Sec. 38-106. Protest petition.Sec. 38-107. Procedure for amendment petitions.Sec. 38-108. Comprehensive review of chapter.Secs. 38-109—38-130. Reserved.

*Cross references—Any ordinance relating to zoning map changes saved from repeal,§ 1-3(4); buildings and building regulations, ch. 10; environment and health, ch. 16; floods, ch.20; streets, sidewalks, and other public places, ch. 28; subdivisions, ch. 30.

CD38:1


Article III. Zoning Districts

Sec. 38-131. Division into zoning districts.Sec. 38-132. Zoning district boundaries shown on zoning map.Sec. 38-133. Interpretation of district boundaries.Sec. 38-134. Required conformance to town ordinances and district regulations.Sec. 38-135. Use districts.Sec. 38-136. Intent of districts.Secs. 38-137—38-170. Reserved.

Article IV. Use Regulations

Sec. 38-171. Establishment of use regulations.Sec. 38-172. Schedule of permitted uses by district.Secs. 38-173—38-200. Reserved.

Article V. Area, Height, and Placement Regulations

Sec. 38-201. Establishment of area, height, and placement regulations.Sec. 38-202. Schedule of area, height, and placement regulations.Sec. 38-203. Regulations encumbering land required to satisfy regulations.Sec. 38-204. Exceptions to height limits.Sec. 38-205. Averaging an existing front setback line.Sec. 38-206. Corner lot setback on the side street.Sec. 38-207. Accessory buildings.Sec. 38-208. Permitted projections into required open space.Sec. 38-209. Merger/consolidation of lots of record.Sec. 38-210. Rear dwellings and alley dwellings.Sec. 38-211. Special protection at C-1 boundaries.Sec. 38-212. Off-street parking and loading.Secs. 38-213—38-240. Reserved.

Article VI. Special Uses


Sec. 38-241. Purpose.Sec. 38-242. Procedures for submission and consideration of applications for approval of

special uses.Sec. 38-243. General requirements.Secs. 38-244—38-260. Reserved.

Division 2. Specific Requirements

Sec. 38-261. Overview.Sec. 38-262. Extraction of earth products.Sec. 38-263. Food processing.Sec. 38-264. Textile manufacture.Sec. 38-265. Clothing manufacture.Sec. 38-266. Petroleum storage.Sec. 38-267. Business and professional offices.

TOWN OF AURORA CODE

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Sec. 38-268. Multifamily dwellings.Sec. 38-269. Boat launching, storage and docking.Sec. 38-270. Recreational vehicle park.Sec. 38-271. Self-service (mini) storage facilities.Sec. 38-272. Communications tower.Secs. 38-273—38-280. Reserved.

Article VII. Nonconforming Uses

Sec. 38-281. Statement of intent.Sec. 38-282. Use nonconformance.Sec. 38-283. Nonconforming structures.Secs. 38-284—38-311. Reserved.

Article VIII. Manufactured Homes and Manufactured Home Parks

Sec. 38-312. Conformance with town ordinances, manufactured home and manufacturedhome park regulations.

Sec. 38-313. Approval of plans and issuance of permits.Sec. 38-314. What the plans shall show.Sec. 38-315. Issuance of zoning compliance certificate.Sec. 38-316. Specifications for manufactured home parks.Sec. 38-317. Sanitary facilities, water supply, sewerage, garbage collections, and utilities.Sec. 38-318. Recreation areas and facilities.Sec. 38-319. Parking and storing of manufactured homes and travel trailers.Sec. 38-320. Manufactured home sales in manufactured home parks.Sec. 38-321. Manufactured home additions.Sec. 38-322. Ventilation; material, crawl space, etc.Sec. 38-323. Miscellaneous provisions.Sec. 38-324. Revocation of license and maintenance permit.

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Sec. 38-1. Establishment of regulations.

This chapter establishes comprehensive zoning regulations for the town and its extraterri-torial area, and provides for the administration, enforcement, amendment and supplementingthereof, in accordance with the provisions of G.S. 160A-381 et seq.(Ord. of 12-7-1998(3), § 9-4001)

Sec. 38-2. Intent.

The intent of this chapter is implementation of the town land use plan, as amended andsupplemented, and the protection of the public health, safety, morals, and general welfare ofthe present and future residents and inhabitants of the town and its extraterritorial planningjurisdiction by:

(1) Protecting and preserving agriculture and the prime agricultural soils essential to itsconduct.

(2) Facilitating the adequate provision of transportation, sewerage, water, air, schools,parks, open spaces, and other public improvements.

(3) Providing standards for various types of dwelling units, so that the people may haveaccess to decent, sound, affordable, sanitary, and safe and code compliant housing.

(4) Controlling and regulating the orderly and meaningful growth of the town and itsextraterritorial area, concentrating development in the areas where adequate waterand sewage disposal facilities, roads, schools, and other public improvements can beprovided.

(5) Regulating the height, building setback line, number of stories, and size of buildingsand structures and the size of yards and open spaces surrounding buildings.

(6) Conserving the value of buildings and encouraging the most appropriate use of landthroughout the town, and the areas of extraterritorial jurisdiction.

(Ord. of 12-7-1998(3), § 9-4002)



Agriculture means the art and science of cultivating the ground, the production of crops orlivestock, excluding however, commercial greenhouses, the sale of nursery stock, ridingstables, mink or fox or similar fur farms and dairy operations.

Alley means a roadway, other than a street, which affords only a secondary means of accessto abutting property, and which is not intended for general traffic circulation.

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Building means any structure or edifice having a roof, including, but not limited to, tents,awnings, carports, and such devices.

Building, accessory, means a subordinate structure, whether attached or detached, or asubordinate adjunct to the principal building, the use of which is customarily incidental to thepermitted use of the principal building.

Building height means the vertical distance measured from the elevation of the proposed orcompleted finished grade at the front of the building to the highest point of the roof for flatroofs, to the deck lines of mansard roofs, and to the mean height between eaves and ridge forgable, hip and gambrel roofs.

Building, principal, means a building or, where the context so indicates, a group of buildingsin which is conducted the main or principal use of the lot on which the building is situated.

Communication tower, means a tower, pole, or similar structure which supports a telecom-munications antenna operated for commercial purposes aboveground in a fixed location,freestanding, guyed, or on a building.

Drive means any street within the manufactured home park, not publicly maintained bututilized as access by the residents of the manufactured home park, their guests and the public.

Dwelling, multifamily, means a building containing three or more dwelling units.

Dwelling, single-family, means a detached building containing only one dwelling unit.

Dwelling, two-family, means a detached building containing two dwelling units.

Dwelling unit means a room or group of rooms forming a single habitable unit with facilitiesused or intended to be used for living, sleeping, cooking, and eating by only one family.

Ethanol plant, means any parcel of land that permits manufacturing of synthetic organicchemicals and associated processes.

Family means a single person or two or more persons related by blood, foster relationship,marriage or adoption, together with not more than three additional persons not related byblood, marriage or adoption, living together as a single household unit.

Garage, community, means an accessory building having no public shop or service inconnection therewith, for the storage of noncommercial vehicles.

Garage, private, means an accessory building to a principal building allowed in districtswhere residences are permitted, providing for the storage of motor vehicles, and in which nobusiness, occupation, or service for profit is in any way conducted.

Garage, public, means any garage, except a private garage or a community garage, used forthe storage or care of motor vehicles, or where any such vehicles are equipped for operation,repaired, or kept for remuneration, hire, or sale.


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Guesthouse means any dwelling occupied by the owner or operator in which not more thanfive rooms are rented for guests, transients or travelers for compensation, but where no mealsare served for compensation.

Hotel means a building, other than a guesthouse, used as a place where rooms and sleepingaccommodations are supplied for pay to transient or permanent guests. This definitionincludes a motel of similar characteristics.

House occupation means an occupation, which is customarily carried on in the houseprovided that:

(1) Such occupation is conducted by members of the family resident in the dwelling unit.

(2) No more than 25 percent of floor area shall be devoted to the occupation.

(3) The occupation shall be confined to the principal building.

(4) No mechanical equipment is installed or used other than that which is normally foundin residential structures.

(5) No merchandise or commodity is offered for sale.

Lot means a parcel of land in single ownership occupied or intended for occupancy by abuilding together with an accessory building, including the open space required under thischapter. All of this land shall be shown on a map in a request for a zoning compliancecertificate.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot, interior, means any lot other than a corner lot.

Lot line means a line which marks the boundary of a lot shown in this chapter.

Lot line, front, means in the case of an interior lot, the lot line separating the lot from thestreet; in the case of a corner lot or through lot, the lot line separating the lot from that streetwhich is designated as the front street in the request for a building permit.

Lot line, rear, means the lot line opposite and most distant from the front lot line; in the caseof irregularly shaped lots, such lot line shall be an imaginary line parallel to the front lot linebut not less than ten feet long and measured within the lot.

Lot line, side, means any lot line which is not a front line or a rear lot line; a lot lineseparating a lot from a side street is an exterior side lot line, while a lot line separating a lotfrom another lot, or lots, is an interior side lot line.

Lot of record means a lot which is a part of a legally approved subdivision, a plat of whichhas been recorded in the office of the register of deeds of the county, or a lot in a legallyapproved subdivision, and described by metes and bounds, the description of which has beenrecorded in the office of the register of deeds in the county.

Lot, through, means an interior lot having a street line for both the front lot line and the rearlot line.

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Lot width means the length of a straight line drawn between the points where the frontrequired setback line intersects the side lot lines.

Manufactured home means a residential dwelling unit built to the most recent standards ofthe U.S. Department of Housing and urban development and composed of one or morecomponents, each of which was substantially assembled in a manufacturing plant anddesigned to be transported to the home site on its own chassis. Travel trailers and campersshall not be classified as manufactured.

Manufactured home, class A, means a manufactured home constructed after July l, 1976,that meets or exceeds the most recent construction standards promulgated by the U.S.Department of Housing and Urban Development and that satisfies the following criteria:

(1) The length of the manufactured home does not exceed the width by more than fourtimes;

(2) The manufactured home is at least 20 feet wide;

(3) The pitch of the manufactured home's roof has a minimum vertical rise of 2.2 feet foreach 12 feet of horizontal run (2.2 feet in 12 feet) and the roof is finished with a typeof shingle that is commonly used in standard residential construction;

(4) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding(that does not exceed the reflectivity gloss of white paint), wood or hardboardcomparable in composition, appearance and durability to the exterior siding commonlyused in standard residential construction;

(5) A continuous, permanent masonry foundation, unpierced except for required ventila-tion and access, is installed under the manufactured home;

(6) The tongue, axles, transporting lights and removable towing apparatus are removedsubsequent to final placement;

(7) The manufactured home is placed on land owned by the owner of the manufacturedhome, which will be listed and taxed as real property.

Manufactured home, class B, means a manufactured home constructed after July 1, 1976,that meets or exceeds the most recent construction standards promulgated by the U.S.Department of Housing and Urban Development but that does not satisfy one or more of thecriteria necessary to qualify as a class A manufactured home.

Manufactured home park means a plot of land, together with all contiguous or adjoiningparcels of land that are owned or controlled by the same person, which has been planned orimproved for the placement and rental of either two or more manufactured homes or two ormore land sites for placement of manufactured homes for dwelling or sleeping purposes.

Manufactured home space means a plot of land within a manufactured home park designedfor the accommodation of one manufactured home in accordance with the requirements setforth in this chapter and ordinances of the town.


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Manufactured home stand means that portion of the manufactured home space intended foroccupancy by the manufactured home proper, consisting of a rectangular plot of ground 12 feetby 60 feet.

Modular home means a factory-fabricated, transportable building constructed to meet statebuilding code standards and designed to be used by itself or, in the case of a sectional home,to be joined with similar units into a modular whole, placed on a permanent foundation andused for residential purposes.

Nonconforming building or structure means a building or structure lawfully existing at thetime of the enactment of the ordinance from which this chapter is derived, or a subsequentamendment thereto, that does not conform to the schedule of area, height, and placementregulations of this chapter.

Nonconforming use means a use of either land or a structure lawfully existing at the timeof the enactment of the ordinance from which this chapter is derived, or a subsequentamendment thereto, that does not conform to the applicable use provisions, as shown in theschedule of use regulations.

Occupied and used shall be considered as though followed by the words "or intended,arranged, or designed to be used or occupied."

Open space, front, required, means the required open space extending the full width of thelot and to a depth equal to the required setback line, measured horizontally at right angles tothe front lot line.

Open space, rear, required, means the required open space extending the full width of the lotand to a depth equal to the required setback line, measured horizontally at right angles to therear lot line.

Open space, required, means the yard space of a lot which is established by and between thestreet, or the lot lines, and the required setback line and which shall be open, unoccupied andunobstructed by any structure or part thereof from the ground to the sky, except as otherwiseprovided by this chapter.

Open space, side, required, means the required open space extending from the required frontopen space to the rear required open space and of a depth equal to the side required setbackline, measured horizontally at right angles to the side lot line.

Recreational vehicle park means any lot or parcel of land upon which two or more statemotor vehicle licensed recreational vehicle sites are located, established, or maintained foroccupancy by recreational vehicles of the general public as temporary (not more than thirty(30) days) living quarters for recreation or vacation purposes.

Self-service (mini) storage facilities, means a structure containing separate, individual andprivate storage spaces of varying sizes, leased or rented on an individual basis for varyingperiods of time. (Note: Minimum lot dimensions and use regulations vary in the districtregulations for the respective zoning districts); and as modified by article VI, Special Uses, assame pertains to the particular use.

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Service station means buildings or premises, or portions thereof, arranged or designed to beused for the retail sale of oil, gasoline, or other fuel for use by motor vehicles, includingfacilities for changing tires, tube repairing, polishing, greasing, washing or minor servicing ofsuch motor vehicles.

Setback line, required, means a line, marking the setback distance from the streetright-of-way or lot lines, which establishes the minimum required front, side, and rear openspace of a lot.

Story means that portion of a building included between the surface of any floor and thesurface of the next floor above it, or if there is no floor above it, then the space between the floorand the ceiling next above it.

Street means a public thoroughfare which is maintained by the state or the town, andaffords the principal means of access to abutting property.

Structural alterations means any change, except for repair or replacement, in the support-ing members of a building such as, but not limited to, bearing walls, columns, beams, orgirders.

Structure means anything constructed or erected, including but not limited to buildings,which requires location on the land or attachment to something having permanent location onthe land.

Subdivision means all divisions of a tract or parcel of land into two or more lots, buildingsites, or other divisions for the purpose of sale or building development of a new street or achange in existing streets; but the following shall not be included within this definition nor besubject to the regulations authorized by this chapter:

(1) The combination or recombination of portions of previously platted lots where the totalnumber of lots is not increased and the resultant lots are equal to or exceed thestandards of the town as shown in its subdivision regulations;

(2) The division of land into parcels greater than ten acres where no street or right-of-waydedication is involved;

(3) The public acquisition by purchase of strips of land for the widening or opening ofstreets; and

(4) The division of a tract in single ownership whose entire area where no streetright-of-way dedication is involved and where the resultant lots are equal to or exceedthe standards of the town, as in this chapter.

Travel trailer means a vehicular portable structure designed as a temporary dwelling fortravel, recreational and vacational uses, which is characterized by the following:

(1) Identified by the manufacturer as such;

(2) Not more that eight feet in body width;

(3) Of any weight provided its body length does not exceed 31 feet; or


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(4) Of any length provided its gross weight, factory equipped for the road, does not exceed4,500 pounds.

Use, accessory, means a subordinate use which is customarily incidental to the principal useon the same lot. (See "building, accessory," "building, principal" and "lot.")

Used salvage yard means a land use where waste or scrap materials are bought, sold,exchanged, stored, packed, and disassembled, including but not limited to used and wreckedautomobiles or their parts.

Use, principal, means the primary use and chief purpose for which a lot is used. (See"building, accessory," "building, principal" and "lot.")

Zoning compliance certificate means a certificate that authorizes the construction, mainte-nance, and operation of a manufactured home park. Privilege licenses are granted by the townclerk only if the provisions of this article are satisfactorily complied with.

(b) Terms not defined in this section shall have the meanings customarily assigned to them.(Ord. of 12-7-1998(3), §§ 9-4011—9-4017; Ord. of 12-7-1998(4), § 9-5001; Ord. of 4-7-2003; Ord.of 6-7-2004; Ord. of 2-7-2005(1); Ord. of 4-4-2005)

Sec. 38-4. Violations; penalties; remedies.

(a) Violations. Whenever, by the provisions of this chapter, the performance of any act isrequired, or the performance of any act is prohibited, or whenever any regulation, dimensionor limitation is imposed on the use of any land, or on the erection or alteration or the use orchange of use of a structure, or the uses within the structure, a failure to comply with suchprovisions of this chapter shall constitute a separate violation and separate offense.

(b) Penalties. Any person who violates this chapter shall be guilty of a misdemeanor andshall be punished as provided in G.S. 14-4.

(c) Remedies. If a building or structure is erected, constructed, reconstructed, altered,repaired, converted, or maintained, or any building, structure or land is used in violation ofthis chapter, the zoning administrator, in addition to other remedies, may institute anyappropriate action or proceedings to prevent the unlawful erection, construction, reconstruc-tion, alteration, repair, conversion, maintenance or use, to restrain, correct or abate theviolation, to prevent occupancy of the building, structure or land, or to prevent any illegal act,conduct, business or use in or about the premises.(Ord. of 12-7-1998(3), § 9-4121—9-4123)

State law reference—Remedies, G.S. 160A-389.

Sec. 38-5. Application of the variance power.

When provisions of this chapter require a greater width or size of yards or courts, or requirea lower height of a building or fewer number of stories, or require a greater percentage of a lotto be left unoccupied, or impose other higher standards than are required in any other statuteor local ordinance or regulation provisions of this chapter shall govern. When provisions of any

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other statute or ordinance or regulation require a greater width or size of yards or courts, orrequire a lower height of a building or a fewer number of stories, or require a greaterpercentage of a lot to be left unoccupied, or impose other higher standards than are requiredby the provisions made by this chapter, the provisions of that statute or local ordinance orregulation shall govern.(Ord. of 12-7-1998(3), § 9-4132)


ARTICLE II. ADMINISTRATION*


Sec. 38-41. Establishment of administrative offices.

The provisions of this chapter shall be administered by the zoning administrator, who shallbe appointed by the board of commissioners.(Ord. of 12-7-1998(3), § 9-4091)

Sec. 38-42. Duties and limitations of the zoning administrator.

The zoning administrator shall have the power to grant zoning compliance permits and tomake inspections of buildings or premises necessary to carry out his duties in the enforcementof this chapter.(Ord. of 12-7-1998(3), § 9-4092)

Sec. 38-43. Application for zoning compliance permit.

Every application for a zoning compliance permit shall be accompanied by a writtenstatement and plans or plats, drawn to scale, showing the following in sufficient detail toenable the zoning administrator to ascertain whether the proposed work or use is inconformance with the provisions of this chapter:

(1) The actual shape, location, and dimensions of the lot and/or improvement, if the lot isnot a lot of record, sufficient data to locate the lot on the ground.

(2) The shape, size, dimensions, and location of all buildings, or other structures, to beerected, altered, or moved, and of any other buildings, or other structures, already onthe lot.

(3) The existing and intended use of the lot and of all structures upon it.

(4) Such other information concerning the lot, adjoining lots, or other matters as may beessential for determining whether the provisions of this chapter are being observed.

*Cross reference—Administration, ch. 2.


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(5) Manufactured home detail, if applicable.(Ord. of 12-7-1998(3), § 9-4093)

Sec. 38-44. Issuance of zoning compliance permit.

If the proposed excavation, construction, moving, alteration, or use of land as set forth in theapplication are in conformity with the provisions of this chapter, the zoning administratorshall issue a zoning compliance permit, however:

(1) Issuance of a zoning compliance permit shall in no case be construed as waiving anyprovision of this chapter.

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(2) The zoning administrator is under no circumstances permitted to grant exceptions tothe actual meaning of any clause, order, or regulation contained in this chapter to anyperson making application to excavate, construct, move, alter, or use either buildings,structures, or land.

(3) The zoning administrator is under no circumstances permitted to make changes to thischapter or to vary the terms of this chapter in carrying out his duties.

(4) The zoning administrator shall issue a permit when the imposed conditions of thischapter are complied with by the applicant regardless of whether the use of the permitwould violate contractual or other arrangements (including, but not by way oflimitation, restrictive covenants) among the parties.

(5) If an application for such permit is not approved the zoning administrator shall statein writing the cause for such disapproval.

(Ord. of 12-7-1998(3), § 9-4094)

Sec. 38-45. Zoning compliance permit required.

It shall be unlawful to begin the excavation for the construction, the moving, alteration, orrepair, except ordinary repairs, of any building or other structure, including an accessorystructure, costing more than $100.00 or exceeding 100 square feet in area until the zoningadministrator has issued for such work a zoning compliance permit which includes acertification of his determination that plans, specifications, and the intended use for suchstructure do, in all respects, conform to the provisions of this chapter. Also, it shall be unlawfulto change the type of use of land, or to change the type of use or type of occupancy of anybuilding, or to extend any use on any lot on which there is a nonconforming use, until thezoning administrator has issued for such intended use a zoning compliance permit, includinga certification of his determination that the proposed use does, in all respects, conform to theprovisions of this chapter. In all cases where a building permit is required, application for azoning compliance permit shall be made coincidentally with the application for a buildingpermit; in all other cases, it shall be made prior to that date when a new or enlarged use of abuilding or premises or part thereof is intended to begin. All zoning compliance permitapplications shall be made in writing to the zoning administrator on forms provided for thatpurpose. A record of all such applications shall be kept on file by the zoning administrator. Anyzoning compliance permit issued under the provisions of this chapter shall be valid only for aperiod of six months following the date of issuance thereof. When the zoning administratorreceives an application for a zoning compliance permit which requires approval of specialexceptions by the board of adjustment, such application, along with all supporting information,shall be conveyed by the zoning administrator to the board of adjustment.(Ord. of 12-7-1998(3), § 9-4095)

Sec. 38-46. Fees.

Before any permit shall be issued covering building or other operations regulated by thischapter, an inspection fee in an amount fixed by the board of commissioners, shall be paid.(Ord. of 12-7-1998(3), § 9-4096)

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DIVISION 2. BOARD OF ADJUSTMENT

Sec. 38-71. Established.

(a) A board of adjustment is hereby established. It shall consist of five members, one ofwhom shall reside in the extraterritorial planning jurisdiction, and the balance shall residewithin the corporate limits of the town.

(b) Members shall be appointed by the board of commissioners for terms of three years, anduntil their respective successors have been appointed and qualified. Each appointment to filla vacancy shall be for the unexpired term.

(c) The board of commissioners may appoint alternate members to serve in the absence ofthe regular member. Alternate members shall be appointed for the same term, at the sametime and in the same manner as regular members.

(d) Members shall serve without compensation.(Ord. of 12-7-1998(3), § 9-4101)

Sec. 38-72. Powers of board.

The board of adjustment shall have the power to:

(1) Hear and decide appeals from and review any order, requirement, decision, ordetermination made by the zoning administrator in the performance of his duties.

(2) Hear and decide applications for the approval of special exceptions, in accordance withthe rules and conditions laid down in this chapter.

(3) Hear and decide appeals for variances from the dimensional regulations of this chapterin accordance with section 38-74. Nothing in this section shall be construed toauthorize the board of adjustment to permit a use in a district where that use is noteither a permitted use or a special use.

(Ord. of 12-7-1998(3), § 9-4102)

Sec. 38-73. Board of adjustment administration.

(a) The board of adjustment shall adopt rules of procedure and regulations for the conductof its affairs.

(b) All meetings of the board of adjustment shall be open to the public.

(c) The board of adjustment shall keep a record of its meetings, including the vote of eachmember on every question, a complete summary of the evidence submitted to it, documentssubmitted to it and all official actions.


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(d) The board of adjustment shall give notice of matters coming before it by causing publicnotification to be placed in a newspaper of general circulation in the county. The notice shallappear once a week for two consecutive calendar weeks, the first insertion to be not less than15 days prior to the meeting date.

(e) The person acting as chair of the board of adjustment is authorized to administer oathsto any witnesses in any matter coming before the board of adjustment.

(f) Every decision of the board of adjustment shall be subject to review at the instance ofany aggrieved party by the superior court by proceedings in the nature of certiorari.

(g) Applications for special exception approvals, applications for variances and appeals forreview of decisions of the zoning administrator shall be filed with the zoning administrator, asagent for the board of adjustment. Applications and appeals shall be submitted on formsprovided by the zoning administrator, who shall collect the fees, if any.

(h) It shall be the responsibility of the zoning administrator to notify the parties to theapplication or appeal of the disposition which the board of adjustment made of the matter.

(i) It shall be the responsibility of the zoning administrator to issue permits in accordancewith the board of adjustment's action on an appeal or application, if a permit is authorized bythe board action.

(j) The zoning administrator shall see to the faithful execution of all portions of the boardof adjustment's actions, including the enforcement of all conditions, which may have beenattached to grant of a variance or approval of a special exception.(Ord. of 12-7-1998(3), § 9-4105)

Sec. 38-74. Application of the variance power.

(a) A variance may only be allowed by the board of adjustment in cases involving practicaldifficulties or unnecessary hardships when substantial evidence in the official record of theappeal from a decision or order of the zoning administrator supports all the followingaffirmative findings:

(1) That the alleged hardships or practical difficulties are unique and singular as regardsthe property of the person requesting the variance and are not those suffered incommon with other property similarly located.

(2) That the alleged hardships and practical difficulties, which will result from failure togrant the variance, extend to the inability to use the land in question for any use inconformity with the provisions of this chapter and include substantially more thanmere inconvenience and inability to attain a higher financial return.

(3) That the variance, if allowed, will not substantially interfere with or injure the rightsof others whose property would be affected by allowance of the variance.

(4) That the variance is in harmony with and serves the general intent and purpose of thischapter.

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(5) That allowing the variance will result in substantial justice being done, consideringboth the public benefits intended to be secured by this chapter and the individualhardships that will be suffered by a failure of the board of adjustment to grant avariance.

(b) All of these findings of fact shall be made in the indicated order by the board ofadjustment, which is not empowered to grant a variance without an affirmative finding of facton all five categories in subsection (a) of this section. Each finding of fact shall be supported bysubstantial evidence in the record of proceedings before the board.(Ord. of 12-7-1998(3), § 9-4103)

Sec. 38-75. Application of special exception power.

(a) Before any special exception shall be issued, the board of adjustment shall make writtenfindings certifying compliance with the specific rules governing individual special exceptionsand that satisfactory provision and arrangement has been made concerning the following,where applicable:

(1) Ingress to and egress from property and proposed structures thereon with particularreference to automotive and pedestrian safety and convenience, traffic flow andcontrol, and access in case of fire or catastrophe;

(2) Off-street parking and loading areas where required, with particular attention to theitems in subsection (a)(1) of this section and the economic, noise, glare, or odor effectsof the special exception on adjoining properties and properties generally in the district;

(3) Refuse and service areas, with particular reference to the items in subsections (a)(1)and (a)(2) of this section;

(4) Utilities, with reference to locations, availability, and compatibility;

(5) Screening and buffering with reference to type, dimensions, and character;

(6) Signs, if any and proposed exterior lighting with reference to glare, traffic safety,economic effect, and compatibility and harmony with properties in the district;

(7) Required yards and other open space;

(8) General compatibility with adjacent properties and other property in the district; and

(9) Adherence of proposed use to any performance standards applicable to its installationand/or operation.

(b) The board of adjustment may impose reasonable conditions upon the installation andoperation of any special exception to ensure that the public health, safety, and general welfareshall be protected and substantial justice done.(Ord. of 12-7-1998(3), § 9-4104)



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DIVISION 3. AMENDMENTS*

Sec. 38-101. Intent.

For the purpose of establishing and maintaining sound, stable, and desirable developmentwithin the town limits and its extraterritorial planning jurisdiction, this chapter shall not beamended except to correct a manifest error in the chapter, or because of changed or changingconditions in an existing zoning district, or to change the regulations and restrictions thereof,and then, only as reasonably necessary to the promotion of the public health, safety or generalwelfare.(Ord. of 12-7-1998(3), § 9-4111)

Sec. 38-102. Amendment initiation.

Subject to the limitations of section 38-101, an amendment to this chapter may be initiatedby:

(1) The board of commissioners on its own motion;

(2) The planning board; or

(3) Petition.(Ord. of 12-7-1998(3), § 9-4112)

Sec. 38-103. Referral of amendment petition to planning board.

The board of commissioners upon receipt of the petition to amend this chapter, which hasbeen examined and approved as to form by the town clerk, shall refer the petition to theplanning board for study and report. The town board may not enact the proposed amendmentuntil 30 days after such referral to the planning board or until the planning board makes itsreport, whichever first occurs.(Ord. of 12-7-1998(3), § 9-4113)

Sec. 38-104. Action of the planning board.

The planning board shall cause a complete study of the petition to be made and shallrecommend such action as the board deems proper.(Ord. of 12-7-1998(3), § 9-4114)

Sec. 38-105. Public hearing and notice.

(a) A public hearing shall be held by the board of commissioners before adoption of anyproposed amendment to this chapter. Notice of the public hearing shall be given by publishingthe notice at least once in a newspaper of general circulation in the county, stating the timeand place of such hearing and the substance of the proposed amendment. This notice shallappear in the newspaper two successive weeks with the first notice appearing not less than 15days nor more than 25 days before the date set for the public hearing.

*State law reference—Amendments to zoning ordinances, G.S. 160A-385.

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(b) Additionally, any parcel, regarding which a petition for change in zoning classificationhas been filed by any person, shall be posted for at least 15 days prior to the public hearing.The posted notices shall be provided and erected by the zoning administrator and shall includein the message:

(1) The present zoning classification.

(2) The proposed zoning classification.

(3) The time and place of the public hearing.

(4) The location where additional information may be obtained.(Ord. of 12-7-1998(3), § 9-4115)

Sec. 38-106. Protest petition.

If a protest petition is filed in accordance with G.S. 160A-396, signed by owners of 20 percentor more either of the area of the lots included in a proposed change, or of those immediatelyadjacent thereto either in the rear thereof or on either side thereof, extending 100 feettherefrom, or of those directly opposite thereto extending 100 feet from the street frontage ofthe opposite lots, the amendment shall not become effective except by the favorable vote ofthree-quarters of the board of commissioners.(Ord. of 12-7-1998(3), § 9-4116)

Sec. 38-107. Procedure for amendment petitions.

(a) Filing of applications. All petitions for amendments to this chapter shall be in writing,signed, and filed in triplicate with the town clerk for presentation to the board of commission-ers.

(b) Contents of petition. All petitions for amendments to this chapter, without limiting theright to file additional material, shall contain at least the following:

(1) The petitioner's name, address, and interest of every person having legal or equitableinterest in the land covered by the petition.

(2) The nature and effect of the proposed amendment.

(3) If the proposed amendment would require a change in the zoning map, a fullydimensioned map showing:

a. The land which would be affected by the proposed amendment;

b. A legal description of such land;

c. The present zoning classification of the land;

d. The zoning classification of all abutting zoning districts; and

e. All public rights-of-way and easements bounding and intersecting the land underconsideration.


CD38:18


(4) If the proposed amendment would require a change in the zoning map, the names andaddresses of the owners of all land within the area to be changed by the proposedamendment.

(5) The alleged error in this chapter, if any, which would be corrected by the proposedamendment with a detailed explanation of such error in the chapter, which is alleged,and detailed reasons how the proposed amendment will correct the alleged error.

(6) The changed or changing conditions, if any, in the area or in the municipality generally,that make the proposed amendment reasonably necessary to the promotion of thepublic health, safety, and general welfare.

(7) All other circumstances, factors and reasons which the applicant offers in support ofthe proposed amendment.

(Ord. of 12-7-1998(3), § 9-4117)

Sec. 38-108. Comprehensive review of chapter.

The planning board shall from time to time, at intervals of not more than three years,examine the provisions of this chapter and the location of zoning district boundary lines andshall submit a report to the board of commissioners recommending changes and amendments,if any, which are desirable in the interest of public health, safety, and general welfare, mindfulof the intent expressed in section 38-101.(Ord. of 12-7-1998(3), § 9-4118)


ARTICLE III. ZONING DISTRICTS

Sec. 38-131. Division into zoning districts.

The town and its extraterritorial planning jurisdiction shall be and hereby is, divided intozoning districts as enumerated in the schedule of use regulations and the schedule of area,height, and placement regulations.(Ord. of 12-7-1998(3), § 9-4021)

Sec. 38-132. Zoning district boundaries shown on zoning map.

The boundaries of the zoning districts are hereby established as shown on the zoning mapwhich accompanies this chapter and which, with all notations, references, and other informa-tion shown thereon, shall be as much a part of this chapter as if fully described in this article.The zoning map shall be certified as the official copy by the town clerk and kept on display inthe town hall. Maps and descriptions accompanying enacted amendments shall be displayedadjacent to the official copy until such time as the official copy is corrected.(Ord. of 12-7-1998(3), § 9-4022)

§ 38-132ZONING

CD38:19


Sec. 38-133. Interpretation of district boundaries.

When there is any uncertainty as to the intended location of any zoning district boundaryon the town zoning map, the zoning administrator shall make an interpretation of such mapupon request, in writing, of any person. Any person aggrieved by any such interpretation mayappeal such interpretation to the board of adjustment. The zoning administrator, and theboard of adjustment, in interpreting the zoning map or deciding any appeal, shall apply thefollowing standards:

(1) Boundaries indicated as approximately following the center lines of streets, highways,or alleys shall be construed as following such center lines.

(2) Boundaries indicated as approximately following lot lines shall be construed asfollowing such lot lines.

(3) Boundaries indicated as approximately following town limits shall be construed asfollowing such town limits.

(4) Boundaries indicated as following railroad lines shall be construed to be midwaybetween the main tracks.

(5) Boundaries indicated as following shore lines shall be construed to follow such shorelines; in the event of change in the shore line, the boundary shall be construed asmoving with the actual shore lines; boundaries indicated as approximately followingthe center lines of streams, rivers, canals, lakes, or other bodies of water shall beconstrued as following such center lines.

(6) Boundaries indicated as parallel to or extensions of features indicated in subsections(1) through (5) of this section shall be so construed. Distances not specifically indicatedon the town zoning map shall be determined by reference to the scale of the map.

(7) Where physical or cultural features existing on the ground are at a variance with thoseshown on the town zoning map, or in other circumstances not covered by subsections(1) through (6) of this section, the board of adjustment shall interpret the districtboundaries.

(8) Where the district boundary line divides a lot, which was in single ownership at thetime of the ordinance from which this chapter is derived, the board of adjustment maypermit as a special exception the extension of the regulations for either portion of thelot.

(Ord. of 12-7-1998(3), § 9-4023)

Sec. 38-134. Required conformance to town ordinances and district regulations.

Except as otherwise provided in this chapter, no structure or land shall be used or occupied,and no structure, or part thereof, shall be altered, moved, erected, or built except in conformitywith the town ordinances and regulations specified in this article for the zoning district inwhich the structure or land is located.(Ord. of 12-7-1998(3), § 9-4024)


CD38:20


Sec. 38-135. Use districts.

In order to carry out the purpose and provisions of this chapter, the town and itsextraterritorial zoning jurisdiction are hereby divided into six districts designated as follows:

R-1 ResidentialDT Downtown area development districtCB Community business districtCF Community facilities districtRU RuralC-1 Conservation

(Ord. of 12-7-1998(3), § 9-4025)

Sec. 38-136. Intent of districts.

(a) R-1 Residential. To establish and preserve low to medium density characteristic ofresidential districts (and high density residential uses with special permit); to exclude useswhich are not compatible with residential use.

(b) DT Downtown area development district. To encourage the continued use of, andrehabilitation of, existing structures in this district for commercial, public and other permitteduses, to encourage the location of new facilities in this district so as to maintain a compact,convenient, and viable downtown commercial-business area.

(c) CB Community business district. To establish and preserve a district for the location ofbusinesses and commercial uses which are primarily transportation oriented, require largeareas for buildings and parking, and have direct access to arterial roads. Self-service (mini)storage facilities as being permitted by special permit.

(d) CF Community facilities district. To establish and preserve a district for the location ofpublic and semi-public facilities, which would include, but are not limited to, recreational uses,educational uses, and health care facilities.

(e) RU Rural. To establish and preserve a district primarily for agriculture, forestmanagement, and various other low density uses on large sites. To encourage preservation ofnatural resources and guard against the premature or unreasonable alteration of limitedsignificant land resources.

(f) C-1 Conservation. To establish and preserve a district which shall encourage effectivelong term management and preservation of these lands, which include, but are not limited to,wetlands, prime wildlife habitats and undeveloped hardwood forests.(Ord. of 12-7-1998(3), § 9-4026; Ord. of 4-4-2005)


§ 38-170ZONING

CD38:21Supp. No. 2


ARTICLE IV. USE REGULATIONS

Sec. 38-171. Establishment of use regulations.

(a) Except as otherwise provided in this chapter, regulations governing the use of land andstructures are hereby established as shown in the schedule of permitted uses. Uses notexpressly permitted are prohibited, uses requiring special permits must meet certain condi-tions specified in this chapter.

(b) Only after the existence of these specified conditions has been determined by the boardof adjustment, or the town board, as appropriate, will a special permit be issued, otherwisesuch uses are prohibited uses.(Ord. of 12-7-1998(3), § 9-4031)

Sec. 38-172. Schedule of permitted uses by district.

Schedule of permitted uses by district:

P=PermittedS=Permitted only by special permit R-1 DT CB CF RU C-1

COMMERCIAL:

Amusement centers, indoor P P

Automobile, farm implement, truck and tractor sales and service P

Boat sales and service P

Boat launching facilities S S S

Boat Storage S S

Boat docking piers S S S

Business and professional offices P P S

Communications towers S

Dry cleaning and laundries P P

Ethanol plant S

Financial institutions P

Freezer lockers and cold storage plants not engaging in process-ing

P P

Freight terminals P

Garages P P

Hotel, motel P P

Newspaper offices or printing plants P

Public and private parking lots P P P

Public utility uses except storage yards P P

Recreational vehicle park S

Restaurant, general P P P

Restaurant, bar P P P

Restaurant, drive-in P

Retail establishments with secondary wholesale departments P P

Retail stores P P

Self-service laundries P P

Service and repair shops P P P


CD38:22Supp. No. 2


P=PermittedS=Permitted only by special permit R-1 DT CB CF RU C-1

Service stations, auto P P P

Public buildings P P

Signs constructed and placed in accordance with the ordinancesof the town.

P P P

Taxicab and bus terminals P

Theaters P P

Wholesale and storage warehouses, except salvage for junk andiron and for the purpose of salvage

P

Undertaking establishments, funeral homes, mortuaries P P P

RESIDENTIAL:

Accessory buildings, including private garages P P P

Agricultural or horticultural use P

Boardinghouse, guesthouse, tourist home P P

Churches, cemeteries P P P P

Day care centers and nursery schools P P P P

Hospitals except animal hospitals, public or private medical anddental clinics, nursing homes

P P

Libraries P

Manufactured homes, house trailers P

Modular homes P P P P

Multifamily dwellings S S S

Municipally owned or operated parks, playgrounds, and commu-nity centers

P P P P

Private clubs, fraternal or similar organizations not open togeneral public

P

Public and private educational institutions P

Single-family dwellings P P P P

Two-family dwellings P P P P

INDUSTRIAL:

Boat building (small) P P

Clothing manufacturing S S

Contractor's plants and storage yards P

Farm machinery, assembly, repair and sales P

Feed and grain storage P

Food processing S

Industrial equipment and supplies P

Lumber yard (retail) P

Machine and welding shops P

Mining and quarrying operations (sand, gravel, phosphate, etc.) S

Petroleum storage S

Textile plants S S

Warehousing-wholesaling P

(Ord. of 12-7-1998(3), § 9-4032; Ord. of 4-7-2003: Ord. of 6-7-2004; Ord. of 2-7-2005(2); Ord. of6-6-2005)


§ 38-200ZONING

CD38:23Supp. No. 2


ARTICLE V. AREA, HEIGHT, AND PLACEMENT REGULATIONS*

Sec. 38-201. Establishment of area, height, and placement regulations.

Except as otherwise provided in this chapter, regulations governing minimum lot width andarea, required setback and building height are hereby established as shown in the schedule ofarea, height, and placement regulations.(Ord. of 12-7-1998(3), § 9-4041)

Sec. 38-202. Schedule of area, height, and placement regulations.

Required Set back LineMinimum Dimensions in Feet*

ZoningDistrict

MinimumLot in

Sq. Feet

FrontYard

Side Yard Total bothSide Yards

MinimumBuildingHeight in

Feet

MaximumBuildingHeight in

StoriesR-1 6,000 25 10 each side 20 25 21/2DT 5,000 N/A N/A N/A 40 4CB 6,000 50 N/A N/A 30 3CF 6,000 25 10 20 30 3RU 20,000 25 20 40 30 2C-1 N/A N/A N/A N/A N/A N/A

NOTE: Special N/A = Not Applicable Protection A C-1 Boundaries Sec. 38-211.(Ord. of 12-7-1998(3), § 9-4042)

Sec. 38-203. Regulations encumbering land required to satisfy regulations.

No portion of a lot, used in connection with an existing or proposed building, structure oruse, and necessary for compliance with the area, height, and placement regulations of thischapter shall, through sale or otherwise, be used again as a part of the lot required inconnection with any other building, structure, or use.(Ord. of 12-7-1998(3), § 9-4051)

Sec. 38-204. Exceptions to height limits.

The height limits of this article may be modified, upon appeal to the board of adjustment,in their application to church spires, belfries, cupolas, penthouses, domes, water towers,observation towers, power transmission lines and towers, radio and television towers, mastsand aerials, flagpoles, chimneys, smokestacks, ventilators, elevator towers/appurtenances,skylights, derricks, conveyors, cooling towers, and other similar and necessary mechanicalappurtenances pertaining to and necessary to the permitted uses of the zoning districts inwhich they are located.(Ord. of 12-7-1998(3), § 9-4052)

*Cross reference—Buildings and building regulations, ch. 10.


CD38:24Supp. No. 2


Sec. 38-205. Averaging an existing front setback line.

In a residential zoning district, where the average of the front open spaces for all adjacentlots, which are located within 100 feet of either side of a lot and on which there are existingbuildings, is greater than the required front open space specified in this chapter, a requiredsetback line shall be provided on the lot equal to this greater average depth but not to exceed40 feet. Where such average of the front open spaces is less than the minimum required frontopen space, the required setback line may be reduced to this lesser average depth, but in no

§ 38-205ZONING



case to less than ten feet. For the purpose of computing such average, an adjacent vacant lotshall be considered as having the minimum required front open space specified for that zoningdistrict.(Ord. of 12-7-1998(3), § 9-4053)

Sec. 38-206. Corner lot setback on the side street.

Any corner lot in a residential zoning district, having an abutting interior lot on its sidestreet shall have an open space equal to the required front open space of the zoning district inwhich it is located; provided, however, that this does not reduce the width suitable for abuilding on any lot of record to less than 25 feet. On a corner lot, where the required rear openspace abuts the required side open space of the adjoining lot, accessory buildings shall have aminimum required setback line at a distance from the abutting side lot line equal to thesmaller of the required side open spaces of the abutting lot.(Ord. of 12-7-1998(3), § 9-4054)

Sec. 38-207. Accessory buildings.

Accessory buildings in R-1 and RU zoning districts shall conform to the followingregulations, except as may otherwise be provided in this chapter:

(1) Accessory buildings shall not exceed 12 feet in height, provided that in the case ofspecial use-extraction of earth products (section 38-244) accessory buildings to amaximum height of 40 feet may be approved as part of the approval of overallapplications or amendments thereto.

(2) Accessory buildings shall not be erected in any required front open space.

(3) Accessory buildings may occupy required side open space provided that such buildingsare more distant from the street than any part of the principal building on the samelot and any part of the principal building on any lot abutting the required side openspace: provided, however, that such necessary buildings are not closer than five feet toany lot line.

(4) Accessory buildings may occupy required rear open spaces provided that suchbuildings do not occupy more than 25 percent of the required rear open space and arenot closer than three feet to any lot line.

(5) On any corner lot in a residential zoning district, no part of any accessory buildingshall be nearer the exterior side lot line than the required open space as regulated insection 38-206.

(Ord. of 12-7-1998(3), § 9-4055

Sec. 38-208. Permitted projections into required open space.

(a) Certain architectural features, such as cornices, eaves, and gutters, may project threefeet into the required front open space, five feet into the required rear open space, and 18inches into the required side open space.

§ 38-208ZONING

CD38:25


(b) An unenclosed balcony or porch, fire escape, or metal awning may project into therequired front open space or required rear open space for a distance not to exceed ten feet, orinto the required side open space for a distance not to exceed three feet; however, a porch whichis screen or glass enclosed shall be considered an enclosed porch. An enclosed vestibule,containing not more than 40 square feet, may project into the required front open space for adistance not to exceed four feet.

(c) An attached private garage, or carport not exceeding 12 feet in height, may occupy aportion of the required side open space, provided that this does not result in a required sideopen space of less than seven percent of the lot width, nor a total, when combined with therequired side open space of the lot immediately adjacent, of less than ten feet.(Ord. of 12-7-1998(3), § 9-4056)

Sec. 38-209. Merger/consolidation of lots of record.

(a) Where two or more abutting lots of record are held in one ownership, either legal orequitable, or subsequently come to be held in one ownership, they shall be considered to be asingle lot of record for the purpose of this chapter, and the provisions of this chapter shall notthereafter be circumvented or avoided by the willful sale or conveyance of a part or portion ofany parcel.

(b) Where the owner of a lot of record does not own and cannot reasonably acquire sufficientadjacent land to enable him to conform to the required open space and other requirementsprescribed in this article, such lot of record may be used by the owner as a building siteprovided that the required open space and other provisions conform, in the opinion of thezoning board of appeals, to a reasonable degree, under all circumstances, to the requirementsof the zoning district in which it is located.

(c) The relief provided in subsection (b) of this section does not apply where the situation orhardship is self imposed, i.e., acquiring the property after the effective date of the ordinancefrom which this chapter is derived.(Ord. of 12-7-1998(3), § 9-4057)

Sec. 38-210. Rear dwellings and alley dwellings.

No dwelling unit shall be built on a lot unless the lot has direct access to a public street orhas access by means of an unobstructed permanent access easement of record to such a publicstreet. Such easement of record shall have a minimum width of 40 feet, except where sucheasement of lesser width existed prior to the enactment of this chapter. The regulation of thischapter shall apply to such easements of record in the same manner as if it were a street.(Ord. of 12-7-1998(3), § 9-4058)

Sec. 38-211. Special protection at C-1 boundaries.

(a) Because of the exceptionally fragile character of the land included within the C-1 zone,all uses established on land adjacent to land classified as C-1 shall observe a special requiredsetback line of 200 feet from the boundary of the C-1 zone.


CD38:26


(b) No land disturbing activity shall be conducted within the special required setback andthe land and its ground cover and other natural growth, including trees and shrubs, shall beleft in a natural state.

(c) In lieu of maintaining the land in the manner specified in subsection (b) of this section,the board of adjustment may permit other use of land within the special required setback uponaffirmative finding, supported by substantial evidence in the record, that the land in the C-1zone may be adequately protected by means other than retaining, in a natural state, the landwithin the special required setback. The other means, which may include (but not by way oflimitation) berms, alternate drainage patterns, extra planting, etc., shall afford protection atleast equal to that which would be afforded by retaining the special required setback in itsnatural state. The board of adjustment shall take appropriate steps, which may include (butnot by way of limitation) bonding, to ensure the continuation of the approved alternate meansof protection.(Ord. of 12-7-1998(3), § 9-4059)

Sec. 38-212. Off-street parking and loading.

(a) In general. Off-street parking and loading shall be provided in all districts except thedowntown area development district. Each application for a zoning compliance certificate shalladdress parking requirements as set forth in this section and as required by the subdivisionregulations, preliminary plans, phased development plans, site specific development plans andother required plans. Off-street parking areas for ten or more vehicles shall be paved withasphalt, concrete or brick pavers. Proper drainage shall be the responsibility of the owner andshall be coordinated with existing, adjacent drainage systems. All drainage system plans willbe approved by the town engineer and/or superintendent of streets prior to the start ofconstruction. Each parking space shall be not less than 162 square feet in size, exclusive ofdriveways and adequate turning room. If the off-street parking space required by this chaptercannot reasonably be provided on the site on which the principal use is located, such space maybe provided on any land within 400 feet of the principal building or use. The principal use shallbe permitted to continue only as long as its parking requirements are met.

(b) Off-street parking spaces. The following off-street parking spaces shall be provided:

Residential usesSingle-family Two spaces per dwelling unitTwo-family Two spaces per dwelling unitMultifamily, one-bedroom 11/2 spaces for each dwelling unitMultifamily, two-bedroom Two spaces for each dwelling unitMultifamily, three-bedroom 21/2 spaces for each dwelling unitGuesthouses, hotels, motels, tourist homes One parking space for each rental bedroom

or boarding house unit, plus one space foreach two employees

§ 38-212ZONING

CD38:27


Home occupationsDoctors and dentists Five parking spaces in addition to residence

requirementsBeauty shops Three parking spaces in addition to resi-

dence requirementsPublic and semipublicMortuaries, funeral homes One parking space for each four seats in the

parlor or chapelChurches, theaters, auditoriums One parking space for each five seats in the

principal place of assemblySchools One parking space for each staff member

and employee, plus one parking space foreach ten students in grades 10—12. Spacesshall be provided for the maximum numberof staff and students the facility is designedto accommodate

Hospitals, nursing and rest homes One parking space for each employee on thelargest shift, plus one parking space for eachfive beds

Day nurseries, kindergartens One parking space for each staff memberand employee, plus one parking space foreach five students

Offices and professional servicesOffice buildings, banks One parking space for each 200 square feet

and similar uses of gross floor areaMedical offices and clinics Four parking spaces for each doctor, dentist

or other professional practicing at the clinic,plus one parking space for each employee

Service and retail businessesRetail business and service One parking space for each 200 square feet

(establishments) of gross floor area, plus oneparking space for each company vehicle

Planned unit development One parking space for each 200 square feet(commercial) of gross floor area, plus oneparking space for each company vehicle

Service stations Two parking spaces for each gas pump, plusthree parking spaces for each grease rack orother working bay


CD38:28


Auto service Four parking spaces for each maintenancestall, plus parking spaces to accommodatethe maximum number of new and usedvehicles the facility was designed to accom-modate, plus one parking space for each 500gross square feet of building space for cus-tomer parkingManufacturing, processing, wholesale tradeManufacturing industriesOne parking space for each employee on thelargest shift, plus one parking space for eachcompany vehicle

(c) Loading and unloading space. Every building or structure used for business, trade orindustry hereafter erected, shall provide space as indicated in this subsection for the loading,unloading, and maneuvering space of vehicles. Such space shall have access to an alley or, ifthere is no alley, to a street. For the purpose of this section, an off-street loading space(exclusive of adequate access drives and maneuvering space) shall have minimum dimensionsof 12 feet by 40 feet and an overhead clearance of 14 feet above the alley or street grade.

Retail businesses One parking space for each 5,000 square feet(banks and general office buildings) of grossfloor area

Wholesale, industry One parking space for each 1,000 square feet(hospitals) of gross floor area

(Ord. of 12-7-1998(3), § 9-4060)


ARTICLE VI. SPECIAL USES



(a) It is the intention of the board of commissioners to create, and from time to time amend,a list of special uses within the table of permitted uses, section 38-172, which, because of theirinherent nature, extent or external effects require special care in the control of their locationand methods of operation. The board of commissioners is aware of its responsibility to protectthe public health, safety, and general welfare and believes that certain uses which now or inthe future may be included on this list are appropriately handled as special uses, subject toreview in relation to general and specific requirements, rather than as uses permitted by right.

§ 38-241ZONING

CD38:29


(b) In addition to the listing of such uses, the board of commissioners intends that thegeneral and specific requirements, established in this article, shall be used by the planningboard and the board of commissioners to direct both in deliberations upon applications for theapproval of special uses. It is the express intent of the board of commissioners to delineate theareas of concern connected with each special use and provide standards by which applicationsfor such special use shall be evaluated.(Ord. of 12-7-1998(3), § 9-4061)

Sec. 38-242. Procedures for submission and consideration of applications for ap-proval of special uses.

(a) BOC to hear all applications. The board of commissioners shall hear and decide allapplications for approval of special uses, in accordance with the provisions of this section.

(b) Application submitted to zoning administrator.

(1) Application for approval of special uses shall be filed with the zoning administrator,who shall, before accepting any application, ensure that it contains all requiredinformation, as required by statute and specified elsewhere in this article.

(2) Applications which are not complete, or otherwise do not comply with the provisions ofthis article, shall not be accepted by the zoning administrator, but returned forthwithto the applicant, with a notation by the zoning administrator of the deficiencies in theapplication.

(c) Referral to planning board. Upon receipt of a complete application, the zoning admin-istrator, shall notify the town clerk of that fact, and shall transmit the complete application tothe planning board for study and recommendation.

(d) Planning board action on application.

(1) Within 45 business days of the transmittal of the application to the planning board, itshall transmit to the board of commissioners a recommendation for the disapproval,approval or approval with conditions of the application.

(2) Prior to making its recommendation, the planning board may consult with townofficials, professional consultants/experts, officials of the state and the United States,citizens, the applicant, or its agents and others who may possess knowledge, experi-ence, or information to aid in its deliberations.

(3) The planning board may conduct a public hearing on the application, after publicnotice, as required by its rules and procedures.

(e) Board of commissioners' action on application. The board of commissioners, after receiptof the planning board recommendation or upon the expiration of the 45-business-day periodspecified in subsection (d)(1) of this section, whichever first occurs, shall cause a date for apublic hearing on the application to be set. Notice of the public hearing shall be published oncea week for two consecutive calendar weeks in a newspaper having general circulation in thecounty. The notice shall be published the first time not less than 15 days nor more than 25 days


CD38:30


before the date fixed for the public hearing. After the completion of the public hearing, theboard of commissioners shall take action upon the application for approval/disapproval of aspecial use. In reaching a decision, the board of commissioners shall consider the recommen-dation of the planning board, the evidence presented at the public hearing in relation to thegeneral requirements attached to each special use. The action of the board of commissionersshall be approval, disapproval, or approval with conditions attached. In every case, the actionshall include a summary of the reasons supporting that decision, which shall be supported byevidence contained in public record of its proceedings.

(f) Actions subsequent to board of commissioners' action. The town clerk, subsequent to theboard of commissioners' action on the application, shall notify the applicant by first class mailof that action. Notice shall also be given to the zoning administrator who shall, in the case ofapproval or approval with attached conditions, issue the necessary permits in accordance withthe board of commissioner's action.(Ord. of 12-7-1998(3), § 9-4062)

Sec. 38-243. General requirements.

(a) The following general requirements must be satisfied by all applicants for approval ofspecial uses:

(1) The use proposed will not materially endanger the public health, safety, or generalwelfare, if located where proposed and developed and operated according to theoperations plan, as submitted and approved.

(2) The use proposed is in conformity with the approved land use plan for the town and itsenvirons.

(b) These findings, as well as the findings on the specific requirements for each special useshall be supported by substantial evidence appearing in the record of the hearing anddiscussion on the application.(Ord. of 12-7-1998(3), § 9-4063)


DIVISION 2. SPECIFIC REQUIREMENTS

Sec. 38-261. Overview.

The specific requirements are divided into requirements for each special use and generallyarrayed within each use into requirements for the application itself and secondly, thestandards which shall be used to evaluate each submission.(Ord. of 12-7-1998(3), § 9-4064)

§ 38-261ZONING

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Sec. 38-262. Extraction of earth products.

(a) Definition. Extraction of earth products is the process of removal of natural deposits ofminerals, ores, soils, or other solid matter from their original location. It does not include anyprocessing of such materials, beyond incidental mechanical consolidation or sorting tofacilitate transportation to the site of use or location of further processing.

(b) Application. Contents of the application shall be as follows:

(1) Three copies of the site plan, prepared and sealed by a state registered land surveyoror engineer, which shall contain the following:

a. North point, scale and date;

b. Extent of area to be excavated or mined;

c. Location, width and elevation of all easements and rights-of-way within oradjacent to the extraction site;

d. Location of all existing or proposed structures on the site;

e. Location of all areas on the site subject to flood hazard or inundation;

f. Location of all watercourses on the site, including direction of flow and normalfluctuation of flow;

g. Existing topography at a contour interval of five-tenths-foot based on mean sealevel datum;

h. Proposed handling and storage areas for overburden, byproducts and excavatedmaterials;

i. Proposed fencing, screening and gates, parking, service and other areas;

j. Any areas proposed for ponding; and

k. Access roads to the site, as well as on-site roads, with indication of surfacetreatment to limit dust.

(2) An operations plan which shall include:

a. The date proposed to commence operations and their expected duration;

b. Proposed hours and days of operation;

c. Estimated type and volume of extraction;

d. Description of method of operation, including the disposition of topsoil, overbur-den and byproducts;

e. Description of equipment to be used in the extraction process;

f. Any phasing of the operation and the relationship among the various phases; and

g. Operating practices which will be followed to comply with the performancestandards applicable to the operation. See subsection (b)(1) of this section.


CD38:32


(3) A rehabilitation plan which shall include:

a. A statement of planned rehabilitation of the excavated land, including detailedmethods of accomplishment and planned future use of the rehabilitated land;

b. A map showing the final topography, after rehabilitation, to the same scale as thesite plan; it shall also depict any water areas and methods for preventingstagnation and pollution thereof, landscaping and ground cover proposed to beinstalled and the amount and type of backfill to be employed, if any;

c. A phasing and timing plan, related to the phasing and timing portion of theoperations plan, showing the progression of the rehabilitation and the date whenit will be complete; and

d. The method of disposing of all equipment, structures, dikes and spoil pilesassociated with the operation.

(4) The names, addresses, and signatures of the land owners and applicants.

(5) A written legal description or survey of the property, prepared and sealed by a stateregistered land surveyor or engineer.

(6) A fee, as set by the town board of commissioners.

(c) Standards for evaluation. The following standards shall be used in evaluating anapplication for a permit to conduct extraction of earth products:

(1) All operations associated with the extraction shall conform to the following perfor-mance standards:

a. Direct illumination resulting from the operation shall not fall upon land notcovered by the application.

b. Equivalent sound levels at the boundaries of the site shall not exceed thefollowing standards:

Between 7:00 a.m. and 8:00 p.m. 55 dBABetween 8:00 p.m. and 7:00 a.m. 45 dBA

c. Vibration levels at the boundaries of the site shall not exceed the followingstandards:

Maximum peak particle velocity

Steady state 0.02 inches/secondImpact 0.04 inches/second

Note: The maximum particle velocity shall be the maximum displacement vector sumsof three mutually perpendicular components, recorded simultaneously, multiplied bythe frequency in cycles per second. For purposes of this chapter, steady state vibrationsare vibrations which are continuous, or vibrations in discrete impulses more frequentthan 60 per minute. Discrete impulses which do not exceed 60 per minute shall beconsidered impact vibrations.

§ 38-262ZONING

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(2) The rehabilitation plan shall be referred to the county soil and water conservationdistrict for review and recommendation, which shall not be binding upon the board ofcommissioners, in particular regarding the landscape material specified, the plantingand maintenance proposed to ensure continuous growth and development, and theacceptability of the proposals for the handling of lakes, ponds, etc.

(3) The permanent roads, defined as those to be used in excess of one year, within theexcavation site shall be surfaced with a dustfree material, such as soil cement,bituminous concrete or Portland cement concrete.

(4) Roads other than permanent roads shall be treated with dust inhibitors, to be specifiedin the operations plan, which will reduce to a minimum the generation of dust from theroad surfaces as a result of wind or vehicular action.

(5) Where the proposed extraction shall take place within 300 feet of a dwelling, school,church, hospital, commercial or industrial building, public building, or public land, asecurity fence at least six feet high shall be installed.

(6) Spoil piles and other accumulations of byproducts shall not be created to a height morethan 35 feet above the original contour and shall be so graded that the vertical slopeshall not exceed the material's natural angle of repose.

(7) The operations plan and the rehabilitation plan shall be coordinated so that theamount of disturbed land is kept to the absolute minimum consonant with goodpractices and so that rehabilitation proceeds in concert with extraction.

(Ord. of 12-7-1998(3), §§ 9-4064, 9-4065)

Sec. 38-263. Food processing.

(a) Definition. Food processing is the conversion of an agricultural product or shell fish orfin fish product into a marketable commodity for human consumption, or intermediate stepsin that process.


(1) Three copies of a site plan, prepared and sealed by a state registered land surveyor oran engineer, which shall contain the following:


b. Location, width, elevation and purpose of all easements and rights-of-way withinor adjacent to the site;

c. Location and use of all existing and proposed structures on the site;

d. Existing and proposed topography at a contour interval of five-tenths foot basedon mean sea level datum; and

e. Proposed fencing, screening and gates, parking, service and other areas.

(2) Description of processes to be employed and equipment to be used.

(3) Names, addresses, and signatures of land owners and applicants.


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(c) Standards for evaluation. The following standards shall be used in evaluating anapplication for a permit to conduct food processing:

(1) Equivalent sound levels at the boundaries of the site shall not exceed the followingstandards:


(2) Vibration levels at the boundaries of the site shall not exceed the following standards:




(3) All operations associated with the special use shall conform to air and water qualitystandards established by the state, the federal government, and any other governmen-tal agency having jurisdiction.

(Ord. of 12-7-1998(3), § 9-4066)

Sec. 38-264. Textile manufacture.

(a) Definition. Textile manufacture is the process of conversion of natural or synthetic rawmaterials into thread, fiber, or fabric.







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(c) Standards for evaluation. The following standards shall be used in evaluating anapplication for a permit to conduct textile manufacturing:

(1) All operations associated with the use shall conform to the following performancestandards:







Note: the maximum particle velocity shall be the maximum displacement vector sumsof three mutually perpendicular components, recorded simultaneously, multiplied bythe frequency in cycles per second. For purposes of this chapter, steady state vibrationsare vibrations which are continuous, or vibrations in discrete impulses more frequentthan 60 per minute. Discrete impulses which do not exceed 60 per minute shall beconsidered impact vibrations.


(Ord. of 12-7-1998(3), § 9-4067)

Sec. 38-265. Clothing manufacture.

(a) Definition. Clothing manufacture is the process by which fiber or fabric is converted towearing apparel.


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(c) Standards for evaluation. The following standards shall be used in evaluating anapplication for a permit to conduct clothing manufacture:









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(Ord. of 12-7-1998(3), § 9-4068)

Sec. 38-266. Petroleum storage.

(a) Definition. Petroleum storage is the stock piling of gasoline, fuel, oil, and otherpetroleum products prior to distribution to retail customers.












(c) Standards for evaluation. The following standards shall be used in evaluating anapplication for a permit to conduct petroleum storage:







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(Ord. of 12-7-1998(3), § 9-4069)

Sec. 38-267. Business and professional offices.

(a) Definition. Business and professional offices are places for administrative, clerical,management and service operations which do not involve the sale or production upon the siteof any goods or commodities.












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(c) Standards for evaluation. The following standards shall be used in evaluating anapplication for a permit to conduct business and professional offices:










(Ord. of 12-7-1998(3), § 9-4070)

Sec. 38-268. Multifamily dwellings.

(a) Application. Contents of the application shall be as follows:








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(b) Standards for evaluation.

(1) There shall be provided 3,000 square feet of lot area for each dwelling unit.

(2) Access within the site shall be such as to facilitate garbage and trash collection, theprovision of emergency services such as police, fire, and ambulance.

(3) Off-street parking at the rate of 11/2 spaces per dwelling unit shall be provided. Aparking space shall be 20 feet by nine feet plus maneuvering and circulation space.

(Ord. of 12-7-1998(3), § 9-4071)

Sec. 38-269. Boat launching, storage and docking.

(a) Excluded uses. These uses shall not include boat building or major repair operations.

(b) Application. Contents of application shall be as follows:





d. Existing and proposed topography at a contour interval of five-tenths-foot basedon mean sea level datum; and






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(c) Standards for evaluation. The following standards shall be used in evaluating anapplication for a permit to conduct boat launching, storage, and docking:










(Ord. of 12-7-1998(3), § 9-4072)

Sec. 38-270. Recreational vehicle park.

The following standards shall be used in evaluating an application for a permit tobuild/operate a recreational vehicle park:

(1) Contents of application:

a. Three copies of a site plan, prepared and sealed by a North Carolina registeredland surveyor or an engineer, which shall contain the following:

1. North point, scale and date;

2. Location, width, elevation and purpose of all easements and rights-of-waywithin or adjacent to site;

3. Location and use of all existing and proposed improvements/structures onsite;


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4. Existing and proposed topography at a contour interval of five-tenths footbased on mean sea level datum;

5. Proposed fencing, signage, screening and gates; lighting, parking, serviceand other area.

b. Description of processes to be employed and equipment used.

c. Names, addresses, telephone number, and signatures of landowners and appli-cants.

d. A current written legal description or survey of the property, prepared and sealedby a North Carolina registered land surveyor or engineer.

e. There is to be a not to exceed 30-day limit in the number of consecutive days aguest can stay at the recreational vehicle park.

(Ord. of 4-7-2003)

Sec. 38-271. Self-service (mini) storage facilities.

Self-service (mini) storage facilities are subject to all the related provisions of this chapter.This use should comply with the following:

(a) Minimum lot size ** square feet.

(b) Minimum side yard setback line of ** feet.

(c) Minimum total side yard setback lines of ** feet.

(d) Minimum front year setback line of ** feet.

(e) Minimum building height ** feet.

(f) Minimum building height in stories **.

(g) Maximum lot coverage of ** percent.

(h) Visual buffers will be required contiguous to residential use, and/or neighborhoodwhere more than 50 percent is residential use.

(i) Uses for dead storage only, and flammable or hazardous chemicals and explosivesprohibited.

(j) Self-storage (mini) facilities prohibit the following:

(1) Auctions (other than those conducted by owner to enforce rent collection),commercial, wholesale or retail sales, or miscellaneous or garage sales;

(2) The servicing, repair or fabrication of motor vehicles, boats, trailers, lawnmowers, appliances, or other similar equipment;

(3) The operation of power tools, spray-painting equipment, table saws, lathes,compressors, welding equipment, kilns, or other similar equipment;

(4) The establishment of a transfer and storage business; and

§ 38-271ZONING



(5) Any use that is noxious or offensive because of odors, dust, noise, fumes, orvibrations.

(Ord. of 4-4-2005)Note—**The respective area, height, and placement regulations for the zone in which the

use is located will apply.

Sec. 38-272. Communications towers.

This section is subject to all the related provisions of this chapter. This use should complywith the following:

(a) Definition. A tower, pole, or similar structure which supports a telecommunicationsantenna operated for commercial purposes aboveground in a fixed location, freestand-ing, guyed or on a building.


(1) Three copies of a site plan, prepared and sealed by a state-registered landsurveyor or an engineer, which shall contain the following:


b. Location, width, elevation and purpose of all easements and rights-of-waywithin or adjacent to the site;


d. Existing and proposed topography at a contour interval of 5/10-foot intervalbased on mean sea level datum; and


(2) Description of processes to be employed and equipment to be used;

(3) Names, addresses, and signatures of landowners and applicants;

(4) A written legal description or survey of the property, prepared and sealed by astate-registered land surveyor or engineer; and


(c) Standards for evaluation.

(1) The proposed communications tower, antenna or accessory structure will beplaced in a reasonably available location which will minimize the visual impacton the surrounding area and allow the facility to function in accordance withminimum standards imposed by applicable communications regulations andapplicant's technical design requirements.

(2) Applicant must show that a proposed antenna and equipment cannot be accom-modated and function as required by applicable regulations and applicant'stechnical design requirements without unreasonable modifications on any exist-ing structure or tower under the control of the applicant.




(3) Prior to consideration of a permit for a location on private property which mustbe acquired, applicant must show that available publicly-owned sites, andavailable privately-owned sites occupied by a compatible use, are unsuitable foroperation of the facility under applicable communications regulations andapplicant's technical design requirements.

(4) Applicant must show that a new tower is designed to accommodate additionalantennas equal in number to applicant's present and future requirements.

(5) Applicant must show that all applicable health, nuisance, noise, fire, buildingand safety code requirements are met.

(6) A communications tower must not be painted or illuminated unless otherwiseprovided by state or federal regulations.

(7) No communications tower can be located within one mile (5,280 feet) of anexisting communications tower.

(8) Landscaping and fencing will be in accordance with the town requirements.

(9) Lighting requirements will be address in accordance with applicable (FAA)Federal Aviation Administration and/or (FCC) Federal Communications Commis-sion requirements.

(Ord. of 6-7-2004)


ARTICLE VII. NONCONFORMING USES*

Sec. 38-281. Statement of intent.

It is the intent of this article to recognize that the eventual elimination, as expeditiously asis reasonable, of existing uses or structures, that are not in conformity with the provisions ofthis chapter is as much a subject of health, safety, and welfare as is the prevention of the

*Cross reference—Buildings and building regulations, ch. 10.

§ 38-281ZONING



establishment of new uses that would violate the provisions of this chapter. It is also the intentof this chapter that any elimination of nonconforming uses or nonconforming structures shallbe effected so as to avoid any unreasonable invasion of established private property rights.(Ord. of 12-7-1998(3), § 9-4081)

Sec. 38-282. Use nonconformance.

A nonconforming use may be continued and shall be maintained in good condition, but itshall not be:

(1) Changed to another nonconforming use.

(2) Expanded or increased in intensity of use.

(3) Reestablished after discontinuance for 90 days.

(4) Reestablished in the R dwelling district after damage or destruction of the building orstructure devoted to such nonconforming use if the expense of reconstruction exceeds50 percent of the appraised replacement cost, as determined by the zoning adminis-trator, of the entire building or structure, devoted to such nonconforming use, or if theexpense of reconstruction exceeds 70 percent of the appraised replacement cost, asdetermined by the zoning administrator, of the entire building or structure, exclusiveof foundations, prior to its damage or destruction.

(Ord. of 12-7-1998(3), § 9-4082)

Sec. 38-283. Nonconforming structures.

A nonconforming structure may be continued, but it shall not be:

(1) Altered or extended without the prior approval of the board of adjustment, exceptingthose alterations or extensions which do not add to the bulk of the structure or increasethe permitted intensity of the use of the structure. Where the proposed alteration orextension would add to the intensity of use of the structure (such as, by example andnot by way of limitation, by the addition of one or more dwelling units, by providingadditional manufacturing or selling area, or the addition of facilities which wouldallow the establishment of another use or other uses) or add to the bulk of thestructure, the board of adjustment shall only grant permission when it has determinedthat the proposed alteration or extension complies as nearly as is practicable with therequirements of this chapter and, further, that the granting of permission for theconstruction of the proposed alteration or extension will not have a detrimental effecton neighboring property.

(2) Reestablished in any zoning district after damage or destruction of the nonconformingstructure if the expense of reconstruction exceeds 75 percent of the appraisedreplacement cost, as determined by the zoning administrator, of the entire building orstructure, exclusive of foundations; in cases where such cost does exceed 75 percent,the nonconforming structure shall not be replaced unless it shall comply with all theprovisions of this chapter, provided, that if such building or structure is nonconforming

§ 38-283ZONING

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due only to it being located on a lot having an area, width, or both, less than isprescribed in section 38-202 for the zoning district in which the lot is located, suchbuilding or structure may be replaced if it complies with all other regulations of thischapter.

(Ord. of 12-7-1998(3), § 9-4083)


ARTICLE VIII. MANUFACTURED HOMES AND MANUFACTURED HOME PARKS*

Sec. 38-312. Conformance with town ordinances, manufactured home and manufac-tured home park regulations.

(a) It shall be unlawful for a person to park or store a manufactured home or travel trailerfor residential purposes, or to maintain, build, or alter a manufactured home park within thezoning jurisdiction of the town, unless they first obtain a zoning compliance certificate and afinal plan of the parking of an individual manufactured home, or a final plan of the layout ofthe manufactured home park, has been approved and a zoning compliance certificate has beenissued in conformance with the requirements of this article.

(b) Implicit in the issuance of any zoning compliance certificate and the resulting operationof a manufactured home park is the compliance with all ordinances of the town.

(c) The provisions of this chapter are not retroactive in regards to all existing manufacturedhomes, travel trailers, and manufactured home parks at the time of the passage of theordinance from which this article is derived. The provisions of this article shall apply, however,once a manufactured home or travel trailer is removed from its original location.(Ord. of 12-7-1998(4), § 9-5002)

Sec. 38-313. Approval of plans and issuance of permits.

No person shall construct or engage in the construction of any manufactured home park ormake any additions or alterations to a manufactured home park until such construction,addition or alteration has been approved and a zoning compliance certificate issued. Thefollowing procedures shall be observed:

(1) A plan shall be prepared in accordance with section 38-314 and five copies of it shallbe submitted to the planning board for their review and approval.

(2) The planning board shall forward a copy of the plan with its recommendations to thetown board for their review and approval.

(3) If the plan is not approved as submitted, it shall be returned to the person submittingthe plan with objections noted for revisions. Revised plans shall be submitted to theplanning board until such time that the plan submitted is approved by the town board.

*State law reference—Zoning regulations for manufactured homes, G.S. 160A-383.1.


CD38:44


(4) After approval by the town board, the county building inspector may issue a permit forthe construction, addition, or alterations as shown on the approved plan after theapplicant has obtained a zoning compliance certificate.

(5) The housing inspector/property maintenance inspector shall make examinations of theconstruction at any reasonable time to determine whether the work is being done inaccordance with the approved plan and the specifications and requirements of thisarticle. The owner of the manufactured home park shall make available any records,test data or other information essential to such determination.

(6) Where any land in the park is to be dedicated to public use, the procedures of thesubdivision regulations of the town shall be followed.

(Ord. of 12-7-1998(4), § 9-5003)

Sec. 38-314. What the plans shall show.

(a) The plan shall be drawn to a scale of not less than one inch equal to 40 feet and shallshow the following on one or more sheets:

(1) A site plan of the proposed manufactured home park.

(2) The name of the manufactured home park, the name and address of the owner, theregistered engineer and the designer of the park.

(3) Date, approximate north arrow, and scale.

(4) The boundary line of the tract with accurate linear and angular dimensions drawn toscale and the area of the park in square feet or acres.

(5) Contours with a vertical interval of one foot referred to sea level datum and elevationsof existing and/or proposed streets, roads, drives, walks, curbs, catchbasins, etc.

(6) A location map with a scale of no less than one inch equal to 1,000 feet showing thelocation of the manufactured home park, its zoning, the zoning for contiguousproperties, and name and address of contiguous land owner.

(7) The locations of existing and platted property lines, streets, buildings, watercourses,railroads, bridges, water mains, sewers, culverts drainpipes, and any utility ease-ments, both on the land to be developed into a manufactured home park and on landimmediately adjoining. The names of adjoining subdivisions or the names andaddresses of recorded owners of adjoining parcels of land.

(8) The names, proposed location and approximate dimensions of proposed streets, alleys,driveways, entrances, exits, walkways, easements, recreation areas, parks and openspaces, reservations, manufactured home spaces, manufactured home stands andbuilding lines within the park. In all cases, the proposed characteristics shall be shownin a manner that shall distinguish them clearly from the existing characteristics of theland.

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(9) When deemed necessary by the planning board, profiles of all proposed public orprivate streets or drives shall be submitted showing natural and finished gradesdrawn to a scale of not less than one inch equals 40 feet horizontal and one inch equalsfour feet vertical.

(10) Plans with before and after calculations of proposed utility layouts (sewer lines, septictank locations, septic tank drain fields, and water and storm drainage) showingfeasible connections to existing and proposed utility systems.

(11) Proposed storm drainage for each manufactured home space and for the entiremanufactured home park including all proposed grading and sewer installations,which may be deemed necessary to ensure proper drainage and the elimination ofponding.

(12) Location and number of garbage receptacles.

(13) A detailed plan for all electrical installations prepared to meet the national electricalcode, state, and local codes and/or ordinances.

(14) A detailed drawing to a scale of not less than one inch equal to ten feet of a typicalmanufactured home space showing the location of the manufactured home stand, allutilities and the manufactured home utility connections, the patio, concrete footing,walks, parking spaces, driveways and all other improvements.

(b) Where public water or public sewer is not available, a written statement from the countyhealth department shall be submitted with the manufactured home park plan indicating thatthe manufactured home park has adequate land area and suitable topography to accommodatethe proposed methods of water supply and sewage disposal.

(c) All plans shall be prepared and/or approved by an engineer duly authorized by the stateto prepare such plans. The engineer shall be a licensed engineer in the state.(Ord. of 12-7-1998(4), § 9-5004)

Sec. 38-315. Issuance of zoning compliance certificate.

(a) It shall be unlawful for any person to operate a manufactured home park within thezoning jurisdiction of this chapter unless such person shall first obtain a privilege license asdefined in section 38-3.

(b) No zoning compliance certificate shall be issued for any manufactured home park not inoperation upon the effective date of the ordinance from which this article is derived until thefinal plan has been approved by the town board as provided in section 38-313.(Ord. of 12-7-1998(4), § 9-5005)

Sec. 38-316. Specifications for manufactured home parks.

(a) Every manufactured home park shall be located on a tract of land not less than threeacres in size and shall contain a number of manufactured home spaces for immediateoccupancy as provided for in the zoning district, taking into consideration the area regulationsas to minimum square feet, etc.


CD38:46


(b) Every manufactured home space shall consist of a minimum of 5,000 square feet. Eachmanufactured home space shall be clearly established on the ground by permanent monu-ments or markers.

(c) No more than one manufactured home may be parked on any manufactured home spaceat any one time.

(d) All manufactured homes shall rest upon adequate masonry piers. These piers will be setupon adequate concrete structural footings the top of which will be at finished groundelevation and shall contain steel anchor rings or fittings to which the manufactured home maybe secured in the event of windstorms. Each manufactured home space shall be provided witha patio of at least 120 square feet constructed of concrete, brick, flagstone, crushed stone orother suitable material. The bottom of the manufactured home chassis shall be no less than 18inches above finished exterior grade. A hard surface walkway two feet wide minimum leadingfrom the road or off-street parking space to the patio shall be provided. Each patio andwalkway shall be graded and properly drained.

(e) No manufactured home stand shall be located less than 25 feet from a public streetright-of-way. No manufactured home stand shall be located less that 20 feet from a privatedrive or from an exterior park boundary or less than 20 feet from another manufactured homestand, a manufactured home addition or any other dwelling or commercial structure.

(f) A driveway and parking space sufficient to accommodate at least two automobiles shallbe constructed within each manufactured home space and they shall be paved or covered withcrushed stone or other suitable material. Each parking space shall be no less than 160 squarefeet.

(g) The manufactured home park shall be located so as not to be susceptible to flooding andgraded so as to prevent any water from ponding or accumulating on the premises. Where stormdrainway pipes are located in adjacent streets, underground drainage facilities with connec-tions to the storm drainage system shall be provided for the manufactured home park.

(h) The manufactured home park shall have paved drives measuring no less than 40 feet intotal easement or right-of-way width for collector streets and 30 feet for local streets. Thestreets shall meet the state department of transportation design and construction standards.The pavement width shall be no less than 25 feet for collector streets and 20 feet for localstreets. Such drives shall abut directly all individual manufactured home spaces.

(i) The drives within the manufactured home park shall be well lighted at night.

(j) Drainage ditches with a 3:1 slope shall be provided along all public and private drives.

(k) No manufactured home space shall have direct vehicular access to a public street.

(l) Closed ends of dead-end streets shall be provided with a hard surfaced vehicular turningcircle at least 90 feet in diameter.

(m) The manufactured home park shall provide all utilities required by section 38-317.

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(n) When the manufactured home park has more than one direct access to a public street,they shall not be less than 300 feet apart or less than 300 feet from a public street intersectionunless topographical or site conditions demand otherwise.

(o) Sign regulations for a manufactured home park shall be as follows: Not more than twosigns per trailer park are permitted with a total display area not exceeding one square foot pertrailer stand; or a maximum of 50 square feet of display area for the entire manufactured homepark. Signs are to be set back 25 feet from all abutting property lines and public streetrights-of-way. Illumination for signs shall be the nonflashing and indirect type, the source ofwhich shall not be visible from any public street right-of-way.

(p) The manufactured home park shall have a planting strip ten feet wide minimumadjacent to the park boundary extending along the entire perimeter of the manufactured homepark. The planting strip shall not be a portion of any manufactured home space, street, orprivate drive. It shall be planted with evergreen trees not more than 40 feet apart andadequately landscaped with grass and shrubbery. Where space is limited, a six foot screeningfence may be substituted for the planting strip and such fence shall be maintained in a goodstate of repair.

(q) Recreation areas shall be provided as required by section 380-318.

(r) The manufactured home park must have a central structure, which may contain a retailsales counter, or coin-operated machines and must contain a separate locker for eachmanufactured home space of not less than 48 cubic feet, the least inside dimension of whichmust be two feet. The fee for the locker must be included in the basic manufactured home spacerental fee.

(s) All park related bathing, community laundry and toilet facilities shall be in conformitywith the manufactured home park regulations of the county board of health, and the townplumbing code for such structures located within the town limits.(Ord. of 12-7-1998(4), § 9-5006)

Sec. 38-317. Sanitary facilities, water supply, sewerage, garbage collections, andutilities.

In every manufactured home park, all installations, other than those within the manufac-tured home proper, of plumbing and electrical wiring and all gas and oil appliances shallcomply with the provisions of the building, plumbing, electrical, heating and gas regulationsof the town and other applicable regulations. Connections to municipal utility systems aremandatory whenever such systems are available.

(1) Manufactured home stand utilities. Each manufactured home stand shall be equippedwith plumbing and electrical connections grouped together within the manufacturedhome stand.


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(2) Manufactured home equipment. Each manufactured home shall have at least one flushtoilet, lavatory, bathtub or shower. It shall have cooking facilities, electric wiring andshall be required to connect with the utilities provided at each manufactured homespace.

(3) Water supply. Each manufactured home park shall obtain water from the municipalwater supply when available, and when unavailable, from a source approved by thecounty health officer. The supply shall be adequate for the park requirements. Thedrinking, cooking, laundry and general bathroom water supply for each individualmanufactured home shall be obtained only from faucets or other plumbing connectionslocated within each manufactured home.

(4) Sewage disposal. Each manufactured home park shall be provided with an adequatesewage disposal system, either by connection to a public sewer system, packagetreatment plant, or other systems approved by the county board of health. All sewagewastes from each manufactured home park whether from individual manufacturedhomes or manufactured home spaces, including wastes from toilets, showers, bath-tubs, lavatories, wash basins, refrigerator drains, sinks, faucets, and other water usingappliances not mentioned in this subsection, shall be piped into the manufacturedhome park sewage disposal system.

(5) Garbage and refuse disposal. All garbage and refuse in every manufactured home parkshall be stored in suitable watertight and fly-tight metal or plastic receptacles whichshall be kept covered with closely fitting covers. No person shall throw or leave garbageor refuse upon the grounds of any manufactured home park. It shall be the duty of themanufactured home park operator to personally make certain that all garbage andrefuse are regularly disposed of in a sanitary manner.

(Ord. of 12-7-1998(4), § 9-5007)

Sec. 38-318. Recreation areas and facilities.

Adequate and suitable recreation grounds and facilities shall be provided and maintainedby the manufactured home park owner to serve the needs of the anticipated manufacturedhome or travel trailer park population. Such grounds and facilities may include playgrounds,tot lots, swimming or wading pools, park related community buildings which contain retailservice counters, coin-operated vending machines, laundries, community storage rooms,community parking areas and other related facilities. The size of the recreation areas shall beas follows: For the first three acres: 15,000 square feet; for the next seven acres: 4,000 squarefeet per acre; over ten acres: 3,000 square feet per acre. If there is more than one tract of landso dedicated, in no case shall each tract be less than 10,000 square feet in area.(Ord. of 12-7-1998(4), § 9-5008)

§ 38-318ZONING

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Sec. 38-319. Parking and storing of manufactured homes and travel trailers.

(a) It shall be unlawful for any person to place or maintain any single manufactured homeused for living, sleeping, or business purposes on any premises within the jurisdiction of thetown, unless:

(1) Such manufactured home is placed or maintained as a principal use on a lot thedimensions of which are no smaller than 5,000 square feet with a minimum depth of100 feet, a minimum front yard setback of 25 feet, a minimum rear yard setback of 15feet, and minimum side yard setbacks of ten feet except on corner lots in which case theside yard abutting the road right-of-way shall be a minimum of 25 feet. Neitherextension to another manufactured home (section 38-321) nor any accessory buildingshall extend into the referred side yard. For all single manufactured homes located onindividuals lots, underpinning on all sides is mandatory.

(2) Trailers used for temporary field offices may be permitted by a special 60-day permitissued by the housing inspector/property maintenance inspector provided that noliving quarters shall be maintained in such trailers.

(3) All transient manufactured homes and travel trailers are exempted from the provi-sions of this regulation for a period of 72 hours.

(4) Trailers or manufactured homes may be parked in sales lots for the purpose ofinspection for sale provided that no living quarters shall be maintained in any of thetrailers so parked.

Otherwise, all manufactured homes shall be contained in manufactured home parks dulypermitted by this article and constructed and maintained in accordance with the provisions ofthis article.

(b) It shall be unlawful for any person to maintain any travel trailer for living, sleeping, orbusiness purposes on any premises within the jurisdiction of the town.(Ord. of 12-7-1998(4), § 9-5009)

Sec. 38-320. Manufactured home sales in manufactured home parks.

It shall be unlawful to advertise, exhibit or sell manufactured homes or trailers withinmanufactured home parks on a commercial basis.(Ord. of 12-7-1998(4), § 9-5010)

Sec. 38-321. Manufactured home additions.

No living compartment other than a "Florida room" or other such prefabricated structurespecifically designed by the manufacturer for manufactured home extension shall be added toany manufactured home parked within the jurisdiction of this article, except that a similarstructure might be constructed by an individual and approved by the housing inspector/property maintenance inspector.(Ord. of 12-7-1998(4), § 9-5011)


CD38:50


Sec. 38-322. Ventilation; material, crawl space, etc.

Manufactured homes, modular housing and doublewide homes shall be permanentlyunderpinned within 45 days of being placed on a lot. Materials to be used for underpinningshall consist of brick, block, vinyl (GP 43202 or equivalent) or decorative metal (60762 orequivalent). The crawl space shall be ventilated. Openings, perforated panels, or other meansof ventilation shall be arranged to provide cross ventilation. Any ventilation opening whichwill permit the passage of a one-half-inch sphere shall be covered with corrosion resistant wiremesh. Such openings shall have a net-free area of no less than one square foot for each 150square feet of crawl space. If a six mil polyethylene vapor barrier is installed over at least 80percent of the crawl space ground surface, the specified net area of the vent openings may bereduced 50 percent. Access shall be provided to the crawl space by either a minimum 18 incheshigh by 24 inches wide door or by panels which are removable without the use of tools. Allunderpinning and ventilation materials and specifications shall be approved by the housinginspector/property maintenance inspector before installation.(Ord. of 12-12-1996)

Sec. 38-323. Miscellaneous provisions.

(a) Fire prevention. In addition to the fire prevention regulations of the town, the followingprovisions shall be complied with:

(1) Within the town limits. The operator of a manufactured home park is responsible forinforming each manufactured home owner of the location of the nearest fire alarm box,if any, or the location of an accessible telephone to be used to report fires.

(2) Within the outside area. The operator of a manufactured home park is responsible forinstalling and maintaining adequate firefighting equipment as required by the townfire chief.

(b) Health regulations. All county health regulations shall apply to manufactured homeparks within the jurisdiction of the town except where such regulations are in conflict with theprovisions of this chapter, in which case the more restrictive provisions shall apply.

(c) Placement. No manufactured home shall be placed in an area comprised predominantlyof conventional homes.

(d) Replacement prohibited. Once a manufactured home is removed from a lot, it cannot bereplaced with another manufactured home.(Ord. of 12-7-1998(4), § 9-5012)

Sec. 38-324. Revocation of license and maintenance permit.

The town board after due notice and public hearing may suspend or revoke the zoningcompliance certificate of any owner or operator of a manufactured home park for violation ofthe provisions of this chapter.(Ord. of 12-7-1998(4), § 9-5013)

§ 38-324ZONING

CD38:51


CODE COMPARATIVE TABLE

1979 CODE

This table gives the location within this Code of those sections of the 1979Code, which are included herein. Sections of the 1979 Code, not listed hereinhave been omitted as repealed, superseded, obsolete or not of a general andpermanent nature. For the location of ordinances adopted subsequent thereto,see the table immediately following this table.

1979 CodeSection

Sectionthis Code

1-1001, 1-1002 1-1, 1-21-1003 1-51-1005 1-41-1006 1-121-1007 1-111-1008 1-92-1001, 2-1002 2-31, 2-322-1003—2-1005 2-111—2-1132-1006 2-912-1007—2-1009 2-33—2-352-1021—2-1023 2-512-1024 2-522-1026 2-532-1041—2-1047 2-71—2-772-2001 2-1312-2002 2-1512-2003 2-1712-2011 2-942-2012,2-2013 2-92, 2-932-2014 2-42-3001 2-1912-4001,2-4002 2-221, 2-2222-4041 2-2233-1001,3-1002 22-31, 22-323-1003 22-343-1004 22-333-1005 22-363-1021 22-333-1022 22-353-1023 22-373-1024 22-393-1025 22-38

1979 CodeSection

Sectionthis Code

3-1041—3-1046 22-71—22-763-1047 22-763-2021 18-313-2022 18-13-2024 18-23-2031 10-13-3001 14-314-1001 28-14-1021,4-1022 28-514-1023,4-1024 28-53, 28-544-1025 28-524-1026 28-34-1027(a)—4-1027(c) 28-71—28-734-1028 28-344-1029 28-34-1030 28-334-1031—4-1033 28-91—28-934-2001—4-2009 26-1—26-95-1001,5-1002 34-15-1003 34-25-1004,5-1005 34-5, 34-65-1006 34-55-1007, 5-1008 34-45-1009 34-75-1010 34-95-1011 34-85-1014,5-1015 34-95-1016—5-1022 34-10—34-165-1023 34-3

CCT:1


1979 CodeSection

Sectionthis Code

6-1041—6-1048 6-1—6-86-1061—6-1063 12-91—12-936-1071 16-46-1081,6-1082 12-16-1083,6-1084 4-16-2001,6-2002 28-26-2003 28-36-2004,6-2005 28-31, 28-326-2006 28-46-2007,6-2008 28-36-2013,6-2014 28-5, 28-66-2021 28-1116-2022 28-1146-2023 28-1166-2024 28-1156-2025 28-1126-2026 28-1176-2027 28-1136-2029 28-1187-1001 32-17-1011—7-1013 32-2—32-47-1021—7-1024 32-31—32-347-1025—7-1028 32-36—32-397-1029 32-397-1030 32-357-1041,7-1042 32-717-1051 32-757-1052 32-727-1053 32-747-1061 32-727-1062 32-767-1071 32-777-1072,7-1073 32-727-1074,7-1075 32-737-1081 32-797-1083 32-787-1101—7-1107 32-181—32-187

1979 CodeSection

Sectionthis Code

7-1109,7-1110 32-188, 32-1897-1111—7-1115 32-112—32-1167-1121 32-1187-1122 32-1117-1123 32-1177-1124 32-1207-1125 32-1197-1126 32-1217-1131—7-1133

32-122—32-124

7-1141—7-1145

32-125—32-129

7-1151—7-1159

32-151—32-159

7-2001 32-58-1004 24-1228-5001—8-5003 16-1—16-38-5004 24-18-6001 16-318-6006—8-6009 24-91—24-948-6011 24-29-1001—9-1003 2-1—2-3

TOWN OF AURORA CODE

CCT:2



ORDINANCES

This table gives the location within this Code of those ordinances adoptedsince the 1979 Code, which are included herein. Ordinances adopted prior tosuch date were incorporated into the 1979 Code. Ordinances adopted since thecutoff date of the 1979 Code, and not listed herein have been omitted asrepealed, superseded or not of a general and permanent nature.


Sectionthis Code

Ord. of 7- 8-1980 1 24-31, 24-328-2001 8-18-2002 8-68-2003, 8-2004 8-8, 8-98-2005 8-148-2006 8-138-2007 8-78-2008 8-58-2009—8-2011 8-10—8-128-2012 8-38-2020 8-48-2025 8-2

Res. of 7- 8-1980 1 6-5Ord. of 1- 1-1981 I, II 34-51, 34-52

III(A), III(B) 34-53, 34-54III(C), (D) 34-55III(E)—(G) 34-57III(H) 34-56III(I) 34-58III(J)—(L) 34-59III(M) 34-60IV—XVI 34-61—34-73

Ord. of 6- 2-1986 12-1Ord. of 6- 1-1987 art. 1, § A— 20-31—20-34

art. 1, § Dart. 2 20-35art. 3, §§ A, B 20-38art. 3, § C 20-62art. 3, § D, 20-39, 20-40art. 3, § Eart. 3, § F 20-37art. 3, § G 20-41art. 3, § H 20-36art. 4, § A—art. 4, § D

20-61—20-64

CCT:3



Sectionthis Code

art. 4, § E(1)—(6)

20-65

art. 4, § E(7) 20-66art. 5, § A— 20-91—20-95art. 5, § E

Ord. of 5- 1-1989 12-1Ord. of 9-13-1993 1 24-61

2, 3 24-634 24-62

Ord. of 7- 1-1994 I—III 34-101—34-103V 34-105VI 34-104

34-106VII—XV 34-107—34-115

Ord. of 11- 6-1995 2 24-121Ord. of 12-12-1996 38-322Ord. of 2- 3-1997 8-3001 16-92

8-3002 16-918-3003—8-3005

16-94—16-96

8-3006(a),8-3006(b)

16-97, 16-98

8-3007—8-3013

16-99—16-105

8-3014 16-938-3015 16-1068-4001 16-618-4002,8-4003

16-63, 16-64

8-4004 16-62Ord. of 3- 2-1998 1—4 2-241—2-244

6-1001—6-1007

36-31—36-37

6-1008 36-616-1009 36-646-1010,6-1011

36-62, 36-63

6-1012—6-1014

36-65—36-67

6-1020—6-1028

36-91—36-99

Ord. of 12- 7-1998(1) 9-2001 10-319-2002—9-2006

10-32

9-2007—9-2009

10-33—10-35

9-2021 10-61, 10-62

TOWN OF AURORA CODE

CCT:4



Sectionthis Code

9-2022—9-2024

10-63—10-65

9-2061 10-639-2071 10-639-2081 10-639-2091—9-2093

10-91—10-93

9-2094—9-2097

10-93—10-96

9-2111,9-2112

10-121, 10-122

9-2113—9-2122

10-124—10-133

9-2123—9-2131

10-133—10-141

9-2132 10-123Ord. of 12- 7-1998(2) 9-3001,

9-300230-1, 30-2

9-3011,9-3012

30-3, 30-4

9-3021 30-69-3026 30-79-3031—9-3036

30-5

9-3046—9-3048

30-10—30-12

9-3050—9-3052

30-13—30-15

9-3053 30-89-3061 30-519-3071—9-3073

30-52

9-3074,9-3075

30-53, 30-54

9-3081,9-3082

30-81

9-3083,9-3084

30-82

9-3085—9-3087

30-83—30-85

9-3100,9-3101

30-111, 30-112

9-3103—9-3116

30-114—30-127

9-3127—9-3136

30-151—30-160

9-3148 30-16


CCT:5



Sectionthis Code

Ord. of 12- 7-1998(3) 9-4001,9-4002

38-1, 38-2

9-4011—9-4017

38-3

9-4021—9-4026

38-131—38-136

9-4031,9-4032

38-171, 38-172

9-4041,9-4042

38-201, 38-202

9-4051—9-4060

38-203—38-212

9-4061—9-4063

38-241—38-243

9-4064 38-261, 38-2629-4065—9-4072

38-262—38-269

9-4081—9-4083

38-281—38-283

9-4091—9-4096

38-41—38-46

9-4101,9-4102

38-71, 38-72

9-4103,9-4104

38-74, 38-75

9-4105 38-739-4111—9-4118

38-101—38-108

9-4121—9-4123

38-4

9-4132 38-5Ord. of 12- 7-1998(4) 9-5001 38-3

9-5002—9-5011

38-312—38-321

9-5012,9-5013

38-323, 38-324

Ord. of 4-12-1999 9-1001—9-1003

2-1—2-3

Ord. of 7-10-2000 1—3 12-31—12-334 12-335—7 12-348—17 12-35—12-4418—22 12-44—12-4823 12-5024, 25 12-49, 12-5026, 27 12-5028—33 12-51—12-56

TOWN OF AURORA CODE

CCT:6

Ordinance

Number Date Section

Section

this Code

Ord. of 8- 7-2000 1 12-33Ord. of 2- 3-2003(1) 24-161—24-170Ord. of 2- 3-2003(2) 4-2Ord. of 2- 3-2003(3) 24-3Ord. of 4- 7-2003 38-3, 38-172,

38-270Ord. of 5- 5-2003(1) 26-4Ord. of 5- 5-2003(2) 32-71Ord. of 5- 5-2003(3) 32-111Ord. of 7- 7-2003(1) 4-2Ord. of 7- 7-2003(2) 4-3Ord. of 7- 7-2003(3) 24-171Ord. of 7- 7-2003(4) 32-130Ord. of 7- 7-2003(5) Adopting Ord.,

pg. xiOrd. of 8- 4-2003(1) 24-4Ord. of 8- 4-2003(2) 24-4Ord. of 9- 8-2003(1) 24-5Ord. of 9- 8-2003(2) 24-6Ord. of 11- 3-2003(1) 24-7Ord. of 11- 3-2003(2) 24-8Ord. of 11- 3-2003(3) 32-6Ord. of 11- 3-2003(4) 32-7Ord. of 11- 3-2003(5) 32-155Ord. of 11- 3-2003(6) 32-157Ord. of 5- 5-2003(1) Dltd 32-71(c)Ord. of 5- 5-2003(2) 32-111Ord. of 6- 7-2004 38-3, 38-172

Added 38-272Ord. of 7-12-2004 Added 36-100Ord. of 9-13-2004 Rpld 4-2, 4-3, 8-6

24-3—24-824-161, 24-17132-78, 32-11332-130, 32-151—32-157, 32-182—32-185, 32-188

Ord. of 2- 7-2005(1) 38-3Ord. of 2- 7-2005(2) 38-172Ord. of 4- 4-2005 38-3, 38-136(c)

Added 38-271Ord. of 6- 6-2005 38-172Ord. of 3- 5-2018 Added 2-224


CCT:7Supp. No. 3

STATE LAW REFERENCE TABLE

This table shows the location within this Charter and Code, either in thetext or notes following the text, of references to the General Statutes of NorthCarolina.

G.S.Section

this Code

1-593 1-21A-1 1-2rule 6(a) 1-2ch. 7A 20-6512-2 1-412-3 1-212-4 1-6ch. 14 Ch. 2414-4 1-12

10-9610-12310-139

24-6234-338-4

14-4(b) 32-3114-33(a) 24-514-132 24-514-197 24-514-288.4 24-514-288.12 Ch. 14, Art. II14-415.23 24-12115A-402 22-3518B-100 et seq. Ch. 418B-101 6-518B-401 Ch. 36, Art. II18B-1001 4-1, 4-319A-1 et seq. Ch. 8ch. 20 Ch. 3220-4.01 1-220-4.01(27)(b) 36-3120-4.01(27)d1 32-120-4.01(49) 32-120-5 et seq. 36-9220-10 Ch. 36, Art. II20-37 Ch. 36, Art. II20-87 Ch. 36, Art. II20-97(a) 36-3620-101 Ch. 36, Art. II20-127 32-620-128(a) 24-620-129 32-720-138.1 et seq. Ch. 32, Art. III

G.S.Section

this Code

32-7920-141(e1) 32-7120-156 32-420-162 Ch. 32, Art. IV20-169 Ch. 28, Art. III20-171.1 et seq. Ch. 32, Art. V20-174(d) 24-820-219.11 16-10120-280 Ch. 36, Art. II

36-3520-368 28-344A-1 et seq. 16-10347-30 30-118, 30-11967-1 et seq. Ch. 890-86 et seq. 24-3105-349 Ch. 2, Art. III,

Div. 5105-350 Ch. 2, Art. III,

Div. 5105-371 et seq. Ch. 2, Art. III,

Div. 5ch. 113A 30-82113A-1 et seq. Ch. 16130A-200 8-13130A-258 Ch. 28, Art. III136-141 et seq. 16-93136-143 16-93143-138 Ch. 10, Art. II143-143.8 etseq. 10-63143-211 et seq. 20-31143-318.1 etseq. 2-53159-1 et seq. Ch. 2, Art. V

2-221159-2 1-2159-25 2-223160-186 Ch. 8ch. 160A Ch. 2160A-30 Ch. 32160A-64 2-35160A-68 et seq. Ch. 2, Art. II160A-69 Ch. 2, Art. III,

Div. 2

SLT:1Supp. No. 3

G.S.Section

this Code

2-112160A-71 Ch. 2, Art. II,

Div. 22-51

160A-76 18-31160A-77 1-1160A-79 2-74160A-146 2-31160A-162 etseq. Ch. 2, Art. III160A-164 2-91160A-171 Ch. 2, Art. III,

Div. 3160A-173 Ch. 2, Art. III,

Div. 4160A-175 1-12160A-175(d), (e) 34-3160A-178 Ch. 12, Art. III160A-181 Ch. 6

6-1160A-182 Ch. 8160A-184 Ch. 16, Art. II

24-6160A-189 Ch. 24, Art. V160A-190 Ch. 24, Art. V160A-191 12-1160A-193 Ch. 16, Art. III160A-194 Ch. 12160A-209 Char. § 3160A-216 etseq. 10-138160A-265 etseq.

Ch. 2, Art. V,Div. 22-242

160A-281 etseq. Ch. 22

Ch. 22, Art. II160A-282 Ch. 22, Art. III160A-285 22-34160A-286 22-35160A-291 etseq. Ch. 18160A-296 Ch. 28160A-303 Ch. 16, Art. IV

16-91160A-303.1 Ch. 26160A-303.2 16-91160A-304 Ch. 36

Ch. 36, Art. II36-3236-34

G.S.Section

this Code

36-94160A-311 etseq. Ch. 26

Ch. 34160A-341 etseq. 16-4160A-360 2-2

20-31160A-371 etseq. Ch. 30

30-3160A-381 etseq. 38-1160A-383.1 Ch. 38, Art.

VIII160A-385 Ch. 38, Art. II,

Div. 3160A-389 38-4160A-390 etseq. 10-141160A-396 38-106160A-411 etseq. Ch. 10

Ch. 10, Art. III160A-412 10-63160A-415 10-64160A-426 etseq. Ch. 10, Art. IV160A-426—160A-434 10-63160A-433 10-65160A-435 10-1160A-441 10-91

10-121160A-441 etseq. Ch. 10, Art. V

10-121160A-443 10-135160A-443(5) 10-137160A-443(6) 10-138160A-444 10-121160A-446(f), (g) 10-135160A-458 Ch. 20163-279 et seq. 2-31163-292 Char. § 5164-1 1-2166A-1 et seq. Ch. 14166A-7 Ch. 141604-374 30-12

TOWN OF AURORA CODE

SLT:2Supp. No. 3


A

AURORA, TOWN OF. See: TOWN

B

BOARD OF COMMISSIONERSElection of mayor and commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . 5Eminent domain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

BOUNDARIESTown boundaries

Incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

C

COMMISSIONERS. See: BOARD OF COMMISSIONERS

E

ELECTIONSMayor and commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

EMINENT DOMAINPowers of commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

EMPLOYEES. See: OFFICERS AND EMPLOYEES

M

MAYORElection of mayor and commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . 5

O

OFFICERS AND EMPLOYEESDuties of officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Election of mayor and commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . 5

P

PROPERTYEminent domain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

S

SIDEWALKS. See: STREETS AND SIDEWALKS

STREETS AND SIDEWALKSEminent domain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Street tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

CHARTER INDEX

Section

CHTi:1


T

TAXATIONPowers of commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

TOWNIncorporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

TOWN OF AURORA CODE

Section

CHTi:2


A

ABANDONMENTMotor vehicles

Abandoned and junked motor vehicles . . . . . . . . . . . . . . . . . . . . . . 16-91 et seq.See: MOTOR VEHICLES AND TRAFFIC

Unsafe and abandoned structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-91 et seq.See: BUILDINGS AND BUILDING REGULATIONS

ACCIDENTSAnimals

Responsibility of persons injuring an animal . . . . . . . . . . . . . . . 8-12

ACTIONS. See: SUITS, ACTIONS, AND OTHER PROCEED-INGS

ADVERTISINGParking

Stopping, standing or parking for primary purpose ofadvertising, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-121

Posting of printed matterException for campaign posters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-93Exception for periodic carnivals and shows . . . . . . . . . . . . . . . . . 24-94Exceptions generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-91(b)On private property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-92Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-91(a)

AFFIRMATION. See: OATH, AFFIRMATION, SWEAR ORSWORN

AGENCIES. See: DEPARTMENTS AND OTHER AGENCIESOF TOWN

AGREEMENTS. See: CONTRACTS AND AGREEMENTS

ALCOHOLIC BEVERAGESAmusements and entertainments

Certain prohibitions observed by licensee, employees . . . . . 6-5(a)(3)Civil emergencies (state of emergency)

Imposition of restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-31(e)(2)Sale on Sundays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1(a)

Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1(b)

AMUSEMENTS AND ENTERTAINMENTSCertain prohibitions to be observed by licensee and employ-

ees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-5License

Application for license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-2Form and content of license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-4Refusal of license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-3Required to maintain or operate amusements. . . . . . . . . . . . . . 6-1Revocation of license. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-8

Licensee responsible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-7

CODE INDEX

Section

CDi:1Supp. No. 2


AMUSEMENTS AND ENTERTAINMENTS (Cont'd.)Posting of printed matter

Exception for periodic carnivals and shows . . . . . . . . . . . . . . . . . 24-94Rules for operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-6

ANIMALSAccidents

Responsibility of persons injuring an animal . . . . . . . . . . . . . . . 8-12Animal pens and enclosures

Cows, horses or pigs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-7(b)Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-7(a)Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-7(c)

Care required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-11Confinement, animals running at large . . . . . . . . . . . . . . . . . . . . . . . 8-8Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1Dogs running at large

Dogs at large . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-10(a)Seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-10(b)Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-10(c)

Impoundment; notice to owner; sale . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-5Noise

Unnecessary noise prohibitedAnimals; birds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-31(3)

Nuisance animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9Prohibition of certain animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-14Public works director

Interference with public works director . . . . . . . . . . . . . . . . . . . . . 8-3Solid waste management

Removal of dead animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-9Vicious animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-13Violation and penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2

ARRESTSAuxiliary police

Power of arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-76(b)

ASSEMBLIES. See: DEMONSTRATIONS, PARADES ANDASSEMBLIES

ATTORNEY. See: TOWN ATTORNEY

AURORA, TOWN OF. See: TOWN

B

BEAUFORT, COUNTY OF. See: COUNTY

TOWN OF AURORA CODE

Section

CDi:2Supp. No. 2


BICYCLESStreets, sidewalks, and other public places

Prohibited and restricted activitiesRiding bicycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-3(c)

Traffic regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-181 et seq.See: MOTOR VEHICLES AND TRAFFIC

BLASTING AGENTS. See: EXPLOSIVES AND BLASTINGAGENTS

BLOCKSSubdivisions

Improvements and minimum standards of design . . . . . . . . . 30-158See also: SUBDIVISIONS

BOARD OF COMMISSIONERSBoard's power over employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-91

See also: OFFICERS AND EMPLOYEESCommittees appointed by board

Reports; compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-33Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-35Definitions and rules of construction. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2Governing body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-31Meetings

Meetings of the boardAdjourned meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-51(c)Regular meetings; time and place . . . . . . . . . . . . . . . . . . . . . . . . . 2-51(a)Special meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-51(b)

Meetings open to public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-53Rules of procedure

Addressing the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-52(c)Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-52(a)Rules of debate and decorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-52(b)

OrdinancesEffective date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-73Improper amending unlawful. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-77Official copy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-74Ordinance book. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-75Ordinances adding chapter, article, etc., to Code. . . . . . . . . . . 2-76Ordinances confined to one subject . . . . . . . . . . . . . . . . . . . . . . . . . . 2-72Procedure, form; publication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-71

Powers and duties of the board, generally. . . . . . . . . . . . . . . . . . . . . 2-32Responsibilities and duties of committees . . . . . . . . . . . . . . . . . . . . . 2-34

BOARDS, COMMITTEESAND COMMISSIONS. See: DEPART-MENTS AND OTHER AGENCIES OF TOWN

BOATS, DOCKS AND WATERWAYSFlood hazard reduction

Streams without established base flood elevations and/orfloodways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-93

CODE INDEX

Section

CDi:3


BOATS, DOCKS AND WATERWAYS (Cont'd.)Zoning

Special usesBoat launching, storage and docking. . . . . . . . . . . . . . . . . . . . . . 38-269

BOND ISSUESMatters included in and excluded from Code . . . . . . . . . . . . . . . . . 1-3(8)

BONDS, SURETY OR PERFORMANCEMatters included in and excluded from Code . . . . . . . . . . . . . . . . . 1-3(6)Officers and employees

Employees' bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-93

BOUNDARIESExtraterritorial jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2Map on record; installation of markers . . . . . . . . . . . . . . . . . . . . . . . . 2-3Matters included in and excluded from Code . . . . . . . . . . . . . . . . . 1-3(5)Town boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1Zoning districts

Area, height, and placement regulationsSpecial protection at C-1 boundaries. . . . . . . . . . . . . . . . . . . . . . 38-211

Interpretation of district boundaries. . . . . . . . . . . . . . . . . . . . . . . . . 38-133Zoning district boundaries shown on zoning map. . . . . . . . . . 38-132

BRUSH. See: WEEDS AND BRUSH

BUDGET. See: FINANCES

BUILDINGS AND BUILDING REGULATIONSFire limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1Fire prevention code

Adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-31Flood damage prevention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-31 et seq.

See: FLOOD DAMAGE PREVENTIONInspection department

Building inspections and permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-61Conflicts of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-64Duties of department

Condemnation, repair and demolition of unsafe build-ings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-63(b)

Enforcement of zoning ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . 10-63(d)General duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-63(a)Manufactured homes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-63(c)

Organization of department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-62Reports and records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-65Zoning compliance certificates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-61

Minimum housing standardsAlternative remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-139Conflict with other provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-141Costs to be a lien on premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-138Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-122Finding; purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-121

TOWN OF AURORA CODE

Section

CDi:4


BUILDINGS AND BUILDING REGULATIONS (Cont'd.)Housing inspector/property maintenance inspector

Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-133(a)Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-133(b)

In rem action by housing inspector/property maintenanceinspector; placarding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-137

Inspections; duty of owners and occupants . . . . . . . . . . . . . . . . . 10-134Methods of service of complaints and orders . . . . . . . . . . . . . . . 10-136Minimum standards applicable to roominghouses; excep-

tionsMinimum floor area for sleeping purposes . . . . . . . . . . . . . . . 10-131(2)Sanitary conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-131(3)Sanitary facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-131(4)Water closet, hand lavatory, and bath facilities. . . . . . . . . . 10-131(1)

Minimum standards for basic equipment and facilitiesElectrical system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-126(c)Heating system

Central and electric heating systems . . . . . . . . . . . . . . . . . . . 10-126(b)(1)Other heating facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-126(b)(2)

Plumbing system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-126(a)Minimum standards for control of insects, rodents, and

infestationsGarbage storage and disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-130(e)Infestation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-130(c)Rodent control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-130(b)Rubbish storage and disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-130(d)Screens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-130(a)

Minimum standards for safe and sanitary maintenanceBathroom floors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-129(e)Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-129(g)Egress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-129(i)Exterior foundation, walls and roofs . . . . . . . . . . . . . . . . . . . . . . 10-129(a)Interior floors, walls, and ceilings . . . . . . . . . . . . . . . . . . . . . . . . . 10-129(b)Noxious weeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-129(h)Stairs, porches, and appurtenances . . . . . . . . . . . . . . . . . . . . . . . 10-129(d)Supplied facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-129(f)Windows and doors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-129(c)

Minimum standards for space, use, and locationBasements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-128(e)Ceiling height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-128(b)Cellar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-128(d)Floor area calculation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-128(c)Room sizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-128(a)

Minimum standards for structural condition . . . . . . . . . . . . . . . 10-125Minimum standards for ventilation

Bathroom and water closet rooms . . . . . . . . . . . . . . . . . . . . . . . . . 10-127(c)Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-127(a)Habitable rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-127(b)

Minimum standards of fitness for dwellings and dwellingunits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-124

CODE INDEX

Section

CDi:5


BUILDINGS AND BUILDING REGULATIONS (Cont'd.)Procedure for enforcement

Appeals from orders of housing inspector/property main-tenance inspector

Grievance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-135(d)(1)Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-135(d)(2)

Failure to comply with orderIn personam remedy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-135(c)(1)In rem remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-135(c)(2)

Petition to superior court by owner . . . . . . . . . . . . . . . . . . . . . . . 10-135(e)Preliminary investigation; notice, hearing. . . . . . . . . . . . . . . . 10-135(a)Procedure after hearing

Deteriorated dwelling or dwelling unit . . . . . . . . . . . . . . . . . 10-135(b)(1)Dilapidated dwelling or dwelling unit . . . . . . . . . . . . . . . . . . 10-135(b)(2)

Responsibilities of owners and occupantsCare of facilities, equipment and structure. . . . . . . . . . . . . . . 10-132(e)Cleanliness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-132(b)Public areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-132(a)Rubbish and garbage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-132(c)Supplied plumbing fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-132(d)

Violations; penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-123Zoning board of adjustments to hear appeals. . . . . . . . . . . . . . . 10-140

NoiseUnnecessary noise prohibited

Erection, demolition, alteration or repair of buildings . . 16-31(8)Smoking prohibited

Municipal buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-63(a)Streets, sidewalks, and other public places

Prohibited and restricted activitiesHouse moving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-3(e)

Subdivision regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-1 et seq.See: SUBDIVISIONS

Technical codesAdoption of codes

Building code adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-32(a)Electrical code adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-32(d)Mechanical code adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-32(c)Plumbing code adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-32(b)Residential building code adopted . . . . . . . . . . . . . . . . . . . . . . . . . 10-32(e)

Amendments and supplements to regulatory codes. . . . . . . . 10-33Compliance with regulatory codes . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-34

Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-34(a)Electrical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-34(d)Mechanical systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-34(c)Plumbing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-34(b)

Copies of regulatory codes filed with clerk. . . . . . . . . . . . . . . . . . 10-35Scope of chapter and codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-31

Unsafe and abandoned structuresDefinitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-92Finding; intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-91

TOWN OF AURORA CODE

Section

CDi:6

BUILDINGS AND BUILDING REGULATIONS (Cont'd.)Housing inspector/property maintenance inspector

Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-93(a)Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-93(b)

Procedure for enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-95Standards for enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-94Violation; penalty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-96

Zoning regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-1 et seq.See: ZONING

BUSINESSESCivil emergencies

State of emergencyImposition of restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-31(e)(5)

General prohibition of business activity on SundayExceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1(b)Unlawful conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1(a)

Peddlers and solicitorsDefinitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-91Door-to-door activities prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-93Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-92

Solid waste managementReceptacles for certain business establishments . . . . . . . . . . 26-6

ZoningSpecial uses

Business and professional offices . . . . . . . . . . . . . . . . . . . . . . . . . 38-267

C

CATS. See: ANIMALS

CEMETERIESBurial restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-4

CERTIFICATES AND CERTIFICATIONInspection department

Zoning compliance certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-61Manufactured homes and manufactured home parks

Issuance of zoning compliance certificate . . . . . . . . . . . . . . . . . . 38-315Subdivisions

Review and approval of platsFinal plat requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-119(d)Preliminary plat requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-81(b)(4)Sketch design plan

Plan requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-52(b)(5)Taxicabs

Certificate of convenience and necessity . . . . . . . . . . . . . . . . . . . 36-61 et seq.See: TAXICABS

ZoningManufactured homes and manufactured home parks

Issuance of zoning compliance certificate . . . . . . . . . . . . . . . . 38-315

CODE INDEX

Section

CDi:7Supp. No. 3

CHARTERDefinitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

CHECKSFinances

Countersignatures upon all drafts . . . . . . . . . . . . . . . . . . . . . . . . . . 2-223Sidewalk construction

Presentation of bills; town warrant or check. . . . . . . . . . . . . . . 28-72

CHILDREN. See: MINORS

CIGARETTES. See: TOBACCO AND TOBACCO PRODUCTS

CIVIL EMERGENCIESState of emergency

Existence of a state of emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-31(a)Imposition of restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-31(e)Proclamation of end of state of emergency . . . . . . . . . . . . . . . . . 14-31(d)Proclamations to limit application of restrictions . . . . . . . . . 14-31(c)Public proclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-31(b)Subsequent proclamation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-31(f)Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-31(g)

CLERK. See: TOWN CLERK

CODE OF ORDINANCES*

Amendments to Code; effect of new ordinances; amendatorylanguage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9

Catchlines; history notes; references to Code. . . . . . . . . . . . . . . . . 1-7Continuations of existing provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5Definitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2Delegation of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-8Designation and citation of Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1Effect of repeal or expiration of provisions . . . . . . . . . . . . . . . . . . . 1-4Matters included in and excluded from Code . . . . . . . . . . . . . . . . 1-3References to General Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11Supplementation of Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10Violation and penalty

General penalty; citations; additional remedies . . . . . . . . . . . 1-12

COMMITTEES AND COMMISSIONS. See: DEPARTMENTSAND OTHER AGENCIES OF TOWN

COMPUTATION OF TIMEDefinitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

CONFLICTS OF INTERESTInspection department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-64

*Note—The adoption, amendment, repeal, omissions, effective date, explanation of numbering

system and other matters pertaining to the use, construction and interpretation of this Code arecontained in the adopting ordinance and preface which are to be found in the preliminary pagesof this volume.

TOWN OF AURORA CODE

Section

CDi:8Supp. No. 3

CONTRACTS AND AGREEMENTSAbandoned and junk vehicles

Administration and enforcement of provisionsContracts with private towing businesses . . . . . . . . . . . . . . . 16-92(d)

Matters included in and excluded from Code . . . . . . . . . . . . . . . . 1-3(9)Mayor

Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-112(3)

CORPORATE LIMITS. See: BOUNDARIES

COUNTYDefinitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

COURTSNoise

Unnecessary noise prohibitedOn streets adjacent to schools, institutions, courts;

near hospitals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-31(7)

COWS. See: ANIMALS

CURFEWMinors, curfew for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-162 et seq.

See: MINORS

D

DEMOLITIONBuildings and building regulations. See that subject

Inspection departmentDuties of department

Condemnation, repair and demolition of unsafe build-ings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-63(b)

Unsafe and abandoned structures. . . . . . . . . . . . . . . . . . . . . . . . . . . 10-91 et seq.

DEMONSTRATIONS, PARADES AND ASSEMBLIESCivil emergencies


Streets, sidewalks, and other public places. See that subjectParades . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-111 et seq.Prohibited interference with traffic

Assembly on streets and sidewalks . . . . . . . . . . . . . . . . . . . . . . . 28-2(a)

DEPARTMENTS AND OTHER AGENCIES OF TOWNBoard of commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-31 et seq.Departments enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-191Fire department. See that subjectInspection department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-61 et seq.

See: BUILDINGS AND BUILDING REGULATIONSMayor

Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-112(4)Police department. See that subject

Auxiliary police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-71 et seq.

CODE INDEX

Section

CDi:9Supp. No. 3

DEPARTMENTS AND OTHER AGENCIES OF TOWN(Cont'd.)Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-31 et seq.

Smoking prohibitedMunicipal buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-63(a)

SubdivisionsReview and approval of plats

Technical review committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-53, 30-83Town office hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-4Zoning board of adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-140

38-71 et seq.

DEVELOPMENT. See: PLANNING AND DEVELOPMENT

DISEASE CONTROL. See: HEALTH AND SANITATION

DISORDERLY CONDUCTAmusements and entertainments

Certain prohibitions observed by licensee, employees . . . . 6-5(a)(2)

DISTRICTSZoning districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-131 et seq.

See: ZONING

DOCKS. See: BOATS, DOCKS AND WATERWAYS

DOCUMENTS. See: RECORDS AND REPORTS

DOGS. See: ANIMALS

DRAFTSFinances

Countersignatures upon all drafts . . . . . . . . . . . . . . . . . . . . . . . . . . 2-223

DRAINAGEMinimum housing standards

Minimum standards for safe and sanitary maintenance . 10-129(g)Subdivisions

Improvements and minimum standards of designEasements

Drainage easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-160(b)Suitability of land

Stormwater drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-155(a)

DRIVEWAYS. See: STREETS, SIDEWALKS, AND OTHERPUBLIC PLACES

DRUGS. See: CONTROLLED SUBSTANCES

E

EASEMENTSSubdivisions

Improvements and minimum standards of design . . . . . . . . 30-160See also: SUBDIVISIONS

TOWN OF AURORA CODE

Section

CDi:10Supp. No. 3

EASEMENTS (Cont'd.)Water service

Access to premises

Perpetual easement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-109(b)

ELECTIONS

Mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-111

Posting of printed matter

Exception for campaign posters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-93

ELECTRICITYBuildings and building regulations

Minimum housing standardsMinimum standards for basic equipment and facilities

Electrical system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-126(c)Heating system

Central and electric heating systems. . . . . . . . . . . . . . . . 10-126(b)(1)Technical codes

Electrical code adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-32(d)

EMERGENCIESMotor vehicles

Authorized emergency vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-4State of emergency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-31

See also: CIVIL EMERGENCIES

EMPLOYEES. See: OFFICERS AND EMPLOYEES

ENCLOSURES. See: FENCES, WALLS, HEDGES ANDENCLOSURES

ENTERTAINMENTS. See: AMUSEMENTS ANDENTERTAINMENTS

ENVIRONMENT. See: HEALTH AND SANITATION

EROSION AND SEDIMENTATION CONTROLSubdivisions

Sedimentation pollution control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-155(b)

EXCAVATIONS AND GRADINGStreets, sidewalks, etc.

Excavations re . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-51 et seq.See: STREETS, SIDEWALKS, AND OTHER PUBLIC

PLACES

EXCREMENTHuman waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-1

EXPLOSIVES AND BLASTING AGENTSCivil emergencies (state of emergency)

Imposition of restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-31(e)(1)

CODE INDEX

Section

CDi:11Supp. No. 3

F

FENCES, WALLS, HEDGES AND ENCLOSURESAnimal pens and enclosures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-7

See also: ANIMALSMinimum housing standards

Minimum standards for safe and sanitary maintenanceExterior foundation, walls and roofs . . . . . . . . . . . . . . . . . . . . . 10-129(a)Interior floors, walls, and ceilings . . . . . . . . . . . . . . . . . . . . . . . . 10-129(b)

FINANCESCountersignatures upon all drafts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-223Disbursement of funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-221Disposal of surplus personal property

Authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-241Means of disposal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-242Record of property sold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-244Sale to highest offer; value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-243

Matters included in and excluded from Code . . . . . . . . . . . . . . . . 1-3Petty cash authorization and procedures . . . . . . . . . . . . . . . . . . . . . 2-224Tax clerk

Budget officer and finance officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-222

FINES, FORFEITURES AND OTHER PENALTIESAnimal control

Violation and penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2Code of Ordinances

General penalty; citations; additional remedies . . . . . . . . . . . 1-12Parking tickets, fines

Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-158, 32-159Swimming in posted areas

Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-32

FIRE DEPARTMENTAbandoned and junk vehicles

Abandoned vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-94Administration and enforcement of provisions

Legal authority of police and fire department . . . . . . . . . . 16-92(e)Traffic regulations

Authority of police and fire department officials . . . . . . . . . . 32-2Obedience to police and fire department officials . . . . . . . . . 32-3

FIRE PREVENTION AND PROTECTIONBuildings and building regulations

Fire limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1Fire prevention code

Adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-31Lots kept free from fire hazard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-2Storage of inflammable oils. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-1Zoning

Manufactured homes and manufactured home parks . . . . 38-323(a)

TOWN OF AURORA CODE

Section

CDi:12Supp. No. 3

FIREARMS AND WEAPONSAuxiliary police

Carrying and custody of firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-75Civil emergencies


Concealed weaponsLocation of signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-121(b)Posting of signs required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-121(a)

Discharge of firearms and other weapons . . . . . . . . . . . . . . . . . . . . 24-122

FLOOD DAMAGE PREVENTIONAbrogation and greater restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-40Administrative procedures

Actions in event of failure to take corrective action . . . . . . 20-64(f)Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-64(h)Failure to comply with order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-64(i)Inspections of work in progress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-64(a)Order to take corrective action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-64(g)Periodic inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-64(d)Revocation of development permits . . . . . . . . . . . . . . . . . . . . . . . . . 20-64(c)Stop orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-64(b)Violations to be corrected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-64(e)

Adoption of regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-31Applicable lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-38Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-39County building inspector

Designation as local administrator. . . . . . . . . . . . . . . . . . . . . . . . . . 20-61Duties and responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-63

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-35Development permit

Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-62(b)Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-62(a)

Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-32Flood hazard reduction

Areas of shallow flooding (AO zones) . . . . . . . . . . . . . . . . . . . . . . . 20-95Areas of special flood hazard

Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-91Where flood elevation data has been provided

Elevated buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-92(3)Floodways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-92(4)Nonresidential construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-92(2)Residential construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-92(1)

Streams without established base flood elevations and/orfloodways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-93

Subdivision proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-94Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-37Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-41Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-34Permit. See herein: Development Permit

CODE INDEX

Section

CDi:13Supp. No. 3

FLOOD DAMAGE PREVENTION (Cont'd.)Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-33Subdivisions

Improvements and minimum standards of designSuitability of land

Prevention of flood damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-155(c)Variances

Conditions for variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-66Variance procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-65

Violations; penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-36

FOOD AND FOOD SERVICESZoning

Special usesFood processing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-263

FORFEITURES. See: FINES, FORFEITURES AND OTHERPENALTIES

FRANCHISESMatters included in and excluded from Code . . . . . . . . . . . . . . . . 1-3(7)Mayor

Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-112(3)

G

GAMBLINGAmusements and entertainments

Certain prohibitions to be observed by licensee andemployees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-5(a)(1)

GARAGESNoise

Unnecessary noise prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-31(6)

GARBAGE AND TRASHManufactured homes and manufactured home parks

Garbage and refuse disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-317(5)Minimum housing standards

Minimum standards for control of insects, rodents, andinfestations

Garbage storage and disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-130(e)Rubbish storage and disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-130(d)

Responsibilities of owners and occupantsRubbish and garbage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-132(c)

Solid waste management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-1See: SOLID WASTE MANAGEMENT

Streets, sidewalks, and other public placesTrash receptacles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-6

GASOLINE AND PETROLEUM PRODUCTSCivil emergencies

TOWN OF AURORA CODE

Section

CDi:14Supp. No. 3

GASOLINE AND PETROLEUM PRODUCTS (Cont'd.)State of emergency

Imposition of restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-31(e)(4)Fire prevention and protection

Storage of inflammable oils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-1Zoning

Special usesPetroleum storage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-266

GENDERDefinitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

GRADING. See: EXCAVATIONS AND GRADING

G.S.Definitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

H

HANDICAPPED PERSONS. See: DISABLED ORHANDICAPPED PERSONS

HEALTH AND SANITATIONAbandoned and junked motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . 16-91 et seq.

See: MOTOR VEHICLES AND TRAFFICBurial restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-4Excrement

Human waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-1Health officer

Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-3Unlawful to interfere with county health officer . . . . . . . . . . 16-2

Manufactured homes and manufactured home parksHealth regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-323(b)Sanitary facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-317

Minimum housing standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-121 et seq.See: BUILDINGS AND BUILDING REGULATIONS

NoiseUnnecessary noise prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-31

See also specific prohibitions as indexedNuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-61 et seq.

See: NUISANCESSolid waste management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-1

See: SOLID WASTE MANAGEMENTUnlawful to violate county health regulations . . . . . . . . . . . . . . . 16-1Zoning

Manufactured homes and manufactured home parksHealth regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-323(b)Sanitary facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-317

HEDGES. See: FENCES, WALLS, HEDGES ANDENCLOSURES

CODE INDEX

Section

CDi:15Supp. No. 3

HOLIDAYSTown office hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-4

HORNSNoise


HORSES. See: ANIMALS

HOSPITALSNoise


near hospitals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-31(7)

HOUSINGMinimum housing standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-121 et seq.

See: BUILDINGS AND BUILDING REGULATIONSUnsafe and abandoned structures

Housing inspector/property maintenance inspector . . . . . . . 10-93

I

IMPOUNDMENTAbandoned and junk vehicles, applicable provisions re . . . . . 16-99 et seq.

See: MOTOR VEHICLES AND TRAFFICAnimals

Dogs running at largeSeizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-10(b)

Notice to owner; sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-5

IMPROVEMENTS. See: PLANNING AND DEVELOPMENT

INDECENCY AND OBSCENITYAmusements and entertainments

Certain prohibitions observed by licensee, employees . . . . 6-5(a)(2)

INSPECTIONS AND INSPECTORSAbandoned and junk vehicles

Administration and enforcement of provisionsPolice department and director of inspections and

zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-92(a)Flood damage prevention

Administrative proceduresInspections of work in progress . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-64(a)Periodic inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-64(d)

Health officerRight of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-3

Inspection department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-61 et seq.See: BUILDINGS AND BUILDING REGULATIONS

Minimum housing standardsHousing inspector/property maintenance inspector . . . . . . . 10-133In rem action by housing inspector/property maintenance

inspector; placarding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-137

TOWN OF AURORA CODE

Section

CDi:16Supp. No. 3

INSPECTIONS AND INSPECTORS (Cont'd.)Inspections; duty of owners and occupants. . . . . . . . . . . . . . . . . 10-134

Sewer servicePowers and authority for inspection . . . . . . . . . . . . . . . . . . . . . . . . 34-64

Unsafe and abandoned structuresHousing inspector/property maintenance inspector . . . . . . . 10-93

Water serviceAccess to premises

Authorized agents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-109(a)Town's responsibility and liability

Inspection of piping and apparatus. . . . . . . . . . . . . . . . . . . . . . . 34-106(d)

INSURANCETaxicabs

Insurance required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-35

INVESTIGATIONSBoard of commissioners

Board's power over employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-91(2)Minimum housing standards

Procedure for enforcementPreliminary investigation; notice, hearing. . . . . . . . . . . . . . . 10-135(a)

Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-64Taxicabs

Certificate of convenience and necessityIssuance

Investigation of facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-63(c)Driver's permit

Investigation of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-93

J

JUNK AND JUNKYARDSMotor vehicles

Abandoned and junked motor vehicles . . . . . . . . . . . . . . . . . . . . . 16-91 et seq.See: MOTOR VEHICLES AND TRAFFIC

JUVENILES. See: MINORS

L

LAND USE. See: PLANNING AND DEVELOPMENT

LANDSCAPINGSubdivisions

Improvements and minimum standards of designStreets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-157(g)

LAW ENFORCEMENT. See: POLICE DEPARTMENT

LICENSES AND PERMITSAmusements and entertainments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 et seq.

See: AMUSEMENTS AND ENTERTAINMENTSDriveway construction permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-91, 28-92

CODE INDEX

Section

CDi:17Supp. No. 3

LICENSES AND PERMITS (Cont'd.)Entertainments. See herein: Amusements and Entertain-

mentsFlood damage prevention development permit. . . . . . . . . . . . . . . 20-62Inspection department

Building inspections and permits . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-61Manufactured homes and manufactured home parks

Approval of plans and issuance of permits . . . . . . . . . . . . . . . . . 38-313Revocation of license and maintenance permit . . . . . . . . . . . . 38-324

Motor vehiclesTown license plates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-5

Parade permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-114 et seq.See: STREETS, SIDEWALKS, AND OTHER PUBLIC

PLACESSewers. See herein: Water and SewersSidewalks

Permit to construct sidewalk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-71Street excavation permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-51Taxicab driver's permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-91 et seq.

See: TAXICABSWater and sewers

Permits required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-2Sewer service permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-62

Zoning compliance permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-45 et seq.See: ZONING

LOADING AND UNLOADINGParking

Loading and unloading zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-122Loading zones for freight and goods . . . . . . . . . . . . . . . . . . . . . . . . 32-123

ZoningArea, height, and placement regulations

Off-street parking and loadingLoading and unloading space . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-212(c)

LOTSFire prevention and protection

Lots kept free from fire hazard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-2Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-61 et seq.

See: NUISANCESParking on town lot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-115Subdivisions

Design standards for lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-156(a)Zoning

Area, height, and placement regulationsCorner lot setback on side street. . . . . . . . . . . . . . . . . . . . . . . . . . 38-206Merger/consolidation of lots of record . . . . . . . . . . . . . . . . . . . . 38-209

M

MANUFACTURED HOMES. See: MOBILE HOMES ANDMOBILE HOME PARKS

TOWN OF AURORA CODE

Section

CDi:18Supp. No. 3

MAPS. See: SURVEYS, MAPS AND PLATS

MAYDefinitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

MAYORDuties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-112Election. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-111Voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-113

MECHANICAL REGULATIONSBuildings and building regulations

Technical codesMechanical code adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-32(c)

MINORS (Juveniles, children, etc.)Curfew for minors

Aiding and abetting by adult, guardian or parent . . . . . . . . 24-169Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-163Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-166Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-162Refusal of custodian to take custody of minor . . . . . . . . . . . . . 24-170Responsibility of adults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-167Responsibility of business establishments . . . . . . . . . . . . . . . . . 24-168Time limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-165Violation and penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-164

CODE INDEX

Section

CDi:19Supp. No. 3


MOBILE HOMES AND MOBILE HOME PARKSInspection department

Duties of departmentManufactured homes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-63(c)

Zoning regulations re manufactured homes and manufac-tured home parks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-312 et seq.

See: ZONING

MOTOR VEHICLES AND TRAFFICAbandoned and junk vehicles

Abandoned vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-94Administration and enforcement of provisions

Contracts with private towing businesses . . . . . . . . . . . . . . . . 16-92(d)Legal authority of police and fire department . . . . . . . . . . . 16-92(e)Police department and director of inspections and zon-

ing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-92(a)Private property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-92(c)Public streets and highways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-92(b)

Appeal by owner of vehicle on private property . . . . . . . . . . . . 16-98Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-93Hearing before sale or final disposition of vehicles . . . . . . . . 16-101Junked motor vehicles

More than one junked motor vehicle . . . . . . . . . . . . . . . . . . . . . . 16-96(2)One junked motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-96(1)

Notice to owner to remove . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-97Nuisance vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-95Post-towing notice requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-100Protection against criminal or civil liability . . . . . . . . . . . . . . . . 16-105Redemption of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-102Removal of vehicles from private property. . . . . . . . . . . . . . . . . . 16-104Removal of vehicles without notice to owner

Other abandoned or nuisance vehicles. . . . . . . . . . . . . . . . . . . . 16-99(2)Vehicles abandoned on the streets. . . . . . . . . . . . . . . . . . . . . . . . . 16-99(1)

Unclaimed vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-103Unlawful removal of impounded vehicle . . . . . . . . . . . . . . . . . . . . 16-106

AnimalsResponsibility of persons injuring an animal . . . . . . . . . . . . . . . 8-12

Authority of police and fire department officials . . . . . . . . . . . . . 32-2Authorized emergency vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-4Bicycles

Carrying articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-187Effect of regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-181Operating at reasonable speeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-186Registration of bicycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-189

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-1Lighting equipment on vehicles (required) . . . . . . . . . . . . . . . . . . . . 32-7Noise

Unnecessary noise prohibitedAutomobiles; motorcycles; other vehicles . . . . . . . . . . . . . . . . . 16-31(4)

Obedience to police and fire department officials. . . . . . . . . . . . . 32-3

CODE INDEX

Section

CDi:21Supp. No. 2


MOTOR VEHICLES AND TRAFFIC (Cont'd.)Operation

Obedience to no-turn signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-74One-way streets and alleys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-76Operation of vehicles

Exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-71(b)Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-71(a)

Provisions supplemental to state statutes . . . . . . . . . . . . . . . . . . 32-79Signs regulating movement of vehicles

Intersections where stop required . . . . . . . . . . . . . . . . . . . . . . . . . 32-72(d)One-way streets and alleys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-72(b)Restricted turn signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-72(a)Stop signs

Through streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-72(c)(1)Stop signs

Design; location. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-73(a)Directive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-73(b)Proceeding through . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-73(c)

Through streets designated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-77Turning markers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-75

ParkingAdvertising

Stopping, standing or parking for primary purpose ofadvertising, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-121

AlleysParking in alleys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-117

Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-125Blocking driveways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-116Enforcement

Placement on or in vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-158Removal of traffic tickets from vehicles. . . . . . . . . . . . . . . . . . . 32-159

IntersectionsParking near intersections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-114

Loading and unloading zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-122Loading zones for freight and goods . . . . . . . . . . . . . . . . . . . . . . . . . 32-123Lots

Parking on town lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-115No stopping, standing or parking near hazardous or con-

gested places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-119Parking not to obstruct traffic. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-111Parking prohibited at all times on certain streets . . . . . . . . . 32-127Parking signs required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-129Parking time limited on certain streets . . . . . . . . . . . . . . . . . . . . . 32-128Public carrier stops and stands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-124Regulations not exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-126Standing or parking for certain purposes prohibited . . . . . . 32-120Standing or parking close to curb. . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-112Stopping, standing or parking prohibited; no signs re-

quired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-118

TOWN OF AURORA CODE

Section

CDi:22Supp. No. 2


MOTOR VEHICLES AND TRAFFIC (Cont'd.)Signs

Operation. See herein that subjectTraffic control devices. See herein that subject

Smoking prohibitedMunicipal vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-63(b)

Streets, sidewalks, and other public placesProhibited interference with traffic . . . . . . . . . . . . . . . . . . . . . . . . . . 28-2

Taxicabs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-31 et seq.See: TAXICABS

Tinted windows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-6Tires

Spinning of tires prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-2Town license plates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-5Traffic control devices

Authorized zonesSchool zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-39(b)Zone of quiet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-39(a)

Display of unauthorized signs, signals, or markings . . . . . . 32-36Flashing signals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-34Interference with official traffic control devices, signs or

signals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-37Sign provision exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-32Traffic control signals legend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-33Traffic lanes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-38Violations; penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-31Yield signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-35

MUSICAL INSTRUMENTSNoise

Unnecessary noise prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-31(2)

N

NOISEAnimals

Nuisance animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9(2)Unnecessary noise prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-31

See also specific prohibitions as indexed

NUISANCESAnimals

Nuisance animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-64Motor vehicles


Nuisance declared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-63Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-62Prohibitions; remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-61

CODE INDEX

Section

CDi:23Supp. No. 2


NUMBERDefinitions and rules of construction. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

O

OATH, AFFIRMATION, SWEAR OR SWORNDefinitions and rules of construction. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

OBSCENITY. See: INDECENCY AND OBSCENITY

OBSTRUCTIONSHealth officer

Unlawful to interfere with county health officer . . . . . . . . . . . 16-2Parking not to obstruct traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-111Streets, sidewalks, and other public places

Prohibited interference with traffic . . . . . . . . . . . . . . . . . . . . . . . . . . 28-2Traffic control devices

Interference with official traffic control devices, signs orsignals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-37

Water and sewersDamaging or obstructing system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-15

OFFENSES AND MISCELLANEOUS PROVISIONSCurfew for minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-162 et seq.

See: MINORSHuman waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-1Printed matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-91 et seq.

See: ADVERTISINGSmoking. See also: TOBACCO AND TOBACCO PRODUCTS

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-61Smoking prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-63Violations; penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-62

SwimmingSwimming in posted areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-31Violations; penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-32

TiresSpinning of tires prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-2

Weapons. See also: FIREARMS AND WEAPONSConcealed weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-121Discharge of firearms and other weapons. . . . . . . . . . . . . . . . . . . 24-122

OFFICERS AND EMPLOYEESBoard of commissioners

Board's power over employeesDelegate duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-91(4)Investigate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-91(2)Overrule officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-91(3)Prescribe rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-91(1)Provide for administrative committees . . . . . . . . . . . . . . . . . . . 2-91(5)Summon employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-91(6)

Consolidation of offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-94County health officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-2, 16-3

TOWN OF AURORA CODE

Section

CDi:24Supp. No. 2

OFFICERS AND EMPLOYEES (Cont'd.)Employees' bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-93Flood damage prevention

County building inspector as local administrator . . . . . . . . . 20-61, 20-63Housing inspector/property maintenance inspector . . . . . . . . . 10-93, 10-133Matters included in and excluded from Code . . . . . . . . . . . . . . . . 1-3(6)Mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-111 et seq.Other officers and employees; appointment; compensation. 2-92Police department. See that subject

Auxiliary police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-71 et seq.Officers generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-31 et seq.

Public works director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-3Tax collector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-171Town attorney

Appointed by the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-151Town clerk

Appointed by the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-131Budget officer and finance officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-222

Town office hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-4Zoning administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-41, 38-42

OFFICIAL TIME STANDARDDefinitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

OPEN SPACES. See: YARDS AND OPEN SPACES

OR, ANDDefinitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

ORDINANCES, RESOLUTIONS, ETC.Board of commissioners, ordinances re. . . . . . . . . . . . . . . . . . . . . . . . 2-71 et seq.

See: BOARD OF COMMISSIONERSCode of Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 et seq.

See: CODE OF ORDINANCESMayor

Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-112(3)Zoning

Manufactured homes and manufactured home parksConformance with town ordinances, manufactured home

and manufactured home park regulations. . . . . . . . . . 38-312

OWNERDefinitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

P

PARADES. See: DEMONSTRATIONS, PARADES ANDASSEMBLIES

PARKINGTraffic regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-111 et seq.

See: MOTOR VEHICLES AND TRAFFIC

CODE INDEX

Section

CDi:25Supp. No. 3

PARKING (Cont'd.)Zoning

Area, height, and placement regulationsOff-street parking and loading

Off-street parking spaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-212(b)Manufactured homes and manufactured home parks

Parking and storing of manufactured homes and traveltrailers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-319

PARKS AND RECREATIONRecreational vehicle park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-270Zoning

Manufactured homes and manufactured home parksRecreation areas and facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-318

PEDDLERS AND SOLICITORSDefinitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-91Door-to-door activities prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-93Noise

Unnecessary noise prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-31(9)Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-92

PENALTIES. See: FINES, FORFEITURES AND OTHERPENALTIES

PERFORMANCE BONDS. See: BONDS, SURETY ORPERFORMANCE

PERMITS. See: LICENSES AND PERMITS

PERSONDefinitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

PERSONAL PROPERTY. See: PROPERTY

PETROLEUM PRODUCTS. See: GASOLINE ANDPETROLEUM PRODUCTS

PETTY CASHFinances

Petty cash authorization and procedures. . . . . . . . . . . . . . . . . . . 2-224

PHONOGRAPHSNoise


PIGS. See: ANIMALS

PLANNING AND DEVELOPMENTFlood damage prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-31 et seq.

See: FLOOD DAMAGE PREVENTIONSubdivision regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-1 et seq.

See: SUBDIVISIONSZoning regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-1 et seq.

See: ZONING

TOWN OF AURORA CODE

Section

CDi:26Supp. No. 3

PLATS, PLATTING. See: SURVEYS, MAPS AND PLATS

CODE INDEX

Section

CDi:26.1Supp. No. 3


PLUMBINGBuildings and building regulations

Minimum housing standardsMinimum standards for basic equipment and facilities

Plumbing system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-126(a)Responsibilities of owners and occupants

Supplied plumbing fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-132(d)Technical codes

Plumbing code adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-32(b)

POLES AND WIRESStreets, sidewalks, and other public places

Excavations and constructionErecting poles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-34

POLICE DEPARTMENTAbandoned and junk vehicles

Administration and enforcement of provisionsLegal authority of police and fire department . . . . . . . . . . . 16-92(e)Police department and director of inspections and zon-

ing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-92(a)Appointment of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-37Auxiliary police

Carrying and custody of firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-75Chief of police to control; appointments and removals . . . . 22-72Division established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-71Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-73Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-74Powers

Law enforcement powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-76(a)Power of arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-76(b)

Chief of policeSupervision of department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-33

Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-32Created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-31Duties of police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-34Personnel generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-36Police officer uniforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-39Power and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-35Requirements of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-38Traffic regulations

Authority of police and fire department officials . . . . . . . . . . . 32-2Obedience to police and fire department officials . . . . . . . . . . 32-3

POLLUTIONSewer service

Prohibited waste discharges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-72Subdivisions

Improvements and minimum standards of designSuitability of land

Sedimentation pollution control . . . . . . . . . . . . . . . . . . . . . . . . . 30-155(b)

CODE INDEX

Section

CDi:27Supp. No. 2


PRECEDINGDefinitions and rules of construction. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

PRINTED MATTER. See: ADVERTISING

PROCEEDINGS. See: SUITS, ACTIONS, AND OTHER PRO-CEEDINGS

PROCESSES. See: WRITS, WARRANTS AND OTHER PRO-CESSES

PROPERTYDefinitions and rules of construction. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2Disposal of surplus personal property . . . . . . . . . . . . . . . . . . . . . . . . . 2-241 et seq.

See: FINANCESFlood damage prevention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-31 et seq.

See: FLOOD DAMAGE PREVENTIONMinimum housing standards

Housing inspector/property maintenance inspector . . . . . . . . 10-133Motor vehicles


Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-61 et seq.See: NUISANCES

Posting of printed matterOn private property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-92

Streets, sidewalks, and other public placesExcavations and construction

Damage to municipal property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-33Subdivision regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-1 et seq.

See: SUBDIVISIONSUnsafe and abandoned structures

Housing inspector/property maintenance inspector . . . . . . . . 10-93Water service

Consumer's responsibilityProtection of town property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-107(e)

Water service to property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-4Zoning regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-1 et seq.

See: ZONING

PUBLIC PLACES. See: STREETS, SIDEWALKS, AND OTHERPUBLIC PLACES

PUBLIC WORKSAnimals

Interference with public works director . . . . . . . . . . . . . . . . . . . . . 8-3

R

RADIOSNoise

Unnecessary noise prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-31(2)

REAL PROPERTY. See: PROPERTY

TOWN OF AURORA CODE

Section

CDi:28Supp. No. 2

RECORDS AND REPORTSBoard of commissioners

Committees appointed by boardReports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-33

Buildings and building regulationsInspection department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-65Technical codes

Copies of regulatory codes filed with clerk . . . . . . . . . . . . . . 10-35Finances

Disposal of surplus personal propertyRecord of property sold. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-244

Map on record; installation of markers . . . . . . . . . . . . . . . . . . . . . . . 2-3Mayor

Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-112(3)Subdivisions

Review and approval of platsFinal plats

Recording of final plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-125Study by technical review committee

Planning board review of technical review committeereport on sketch plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-53(c)

Town clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-131

RECREATION. See: PARKS AND RECREATION

REPORTS. See: RECORDS AND REPORTS

RESOLUTIONS. See: ORDINANCES, RESOLUTIONS, ETC.

S

SANITATION. See: HEALTH AND SANITATION

SCHOOLSNoise


near hospitals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-31(7)Traffic control devices

Authorized zonesSchool zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-39(b)

SEDIMENTATION CONTROL. See: EROSION ANDSEDIMENTATION CONTROL

SERVICE STATIONSNoise


SETBACKSZoning

Area, height, and placement regulationsAveraging an existing front setback line. . . . . . . . . . . . . . . . . 38-205Corner lot setback on side street. . . . . . . . . . . . . . . . . . . . . . . . . . 38-206

CODE INDEX

Section

CDi:29Supp. No. 3

SEWERS. See: WATER AND SEWERS

SHALLDefinitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

SHRUBBERY. See: TREES AND SHRUBBERY

SIDEWALKS. See: STREETS, SIDEWALKS, AND OTHERPUBLIC PLACES

SIGNALLING DEVICESNoise


SIGNSConcealed weapons

Location of signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-121(b)Posting of signs required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-121(a)

Motor vehicles and traffic. See herein that subjectMotor vehicle operation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-71 et seq.Traffic control devices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-31 et seq.

SMOKING. See: TOBACCO AND TOBACCO PRODUCTS

SOLICITORS. See: PEDDLERS AND SOLICITORS

SOLID WASTE MANAGEMENT. See also: GARBAGE ANDTRASH

Cans and containers to be kept clean . . . . . . . . . . . . . . . . . . . . . . . . . 26-7Construction waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-5Garbage required to be promptly removed . . . . . . . . . . . . . . . . . . . 26-1Placing cans or containers on street right-of-way . . . . . . . . . . . 26-8Receptacles for certain business establishments. . . . . . . . . . . . . 26-6Receptacles for household garbage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-3Receptacles for yard waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-4Removal of dead animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-9Schedule for garbage collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-2

STATEDefinitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

STEAM WHISTLESNoise


STORAGEFire prevention and protection

Storage of inflammable oils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-1

TOWN OF AURORA CODE

Section

CDi:30Supp. No. 3


STORAGE (Cont'd.)Minimum housing standards

Minimum standards for control of insects, rodents, andinfestations

Garbage storage and disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-130(e)Rubbish storage and disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-130(d)

Sewer serviceStructures required

Storage tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-61(a)Zoning

Manufactured homes and manufactured home parksParking and storing of manufactured homes and travel

trailers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-319Special uses

Boat launching, storage and docking. . . . . . . . . . . . . . . . . . . . . . 38-269Petroleum storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-266Self-service (mini) storage facilities . . . . . . . . . . . . . . . . . . . . . . . 38-271

STREETS, SIDEWALKS, AND OTHER PUBLIC PLACESAbandoned and junk vehicles

Administration and enforcement of provisionsPublic streets and highways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-92(b)

Board approval of new streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-1Civil emergencies

State of emergencyImposition of restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-31(e)(5)

Definitions and rules of construction. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2Driveways

PermitApplication

Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-92(a)Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-92(b)

Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-91Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-93

Excavations and constructionConstruction near sidewalk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-31Construction of sheds and awnings near sidewalks. . . . . . . . 28-32Damage to municipal property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-33Driveways. See herein that subjectErecting poles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-34Excavations

Dangerous conditions, protection . . . . . . . . . . . . . . . . . . . . . . . . . . 28-52Liability for excavations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-53Permit

Application for permit; fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-51(b)Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-51(a)

Street repair; violationsRepairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-54(a)Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-54(b)

Sidewalks. See herein that subject

CODE INDEX

Section

CDi:31Supp. No. 2


STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES(Cont'd.)

Maintenance of public areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-5Matters included in and excluded from Code . . . . . . . . . . . . . . . . . 1-3(3)Noise

Unnecessary noise prohibitedOn streets adjacent to schools, institutions, courts; near

hospitals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-31(7)Parades

Certain activities prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-112Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-111Interference prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-113Permit

Exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-118Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-114Requirements and issuance of permits . . . . . . . . . . . . . . . . . . . 28-115Revocation of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-117Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-116

Prohibited and restricted activitiesDamaging streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-3(d)Display of goods. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-3(a)House moving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-3(e)Riding bicycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-3(c)Throwing sharp objects on streets . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-3(b)

Prohibited interference with trafficAssembly on streets and sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . 28-2(a)Placing objects on streets and sidewalks. . . . . . . . . . . . . . . . . . . . 28-2(b)

Shrubs and limbs or vegetation at intersections to be trimmedor cut. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-4

SidewalksCost of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-73Permit to construct sidewalk; violation . . . . . . . . . . . . . . . . . . . . . 28-71Presentation of bills; town warrant or check . . . . . . . . . . . . . . . 28-72

Solid waste managementPlacing cans or containers on street right-of-way . . . . . . . . . . 26-8

SubdivisionsImprovements and minimum standards of design

Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-157Traffic regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-1 et seq.

See: MOTOR VEHICLES AND TRAFFICTrash receptacles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-6

SUBDIVISIONSAbrogation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-15Acceptance of public services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-7Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-14Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-3Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-5Final authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-9

TOWN OF AURORA CODE

Section

CDi:32Supp. No. 2


SUBDIVISIONS (Cont'd.)Flood hazard reduction

Subdivision proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-94Improvements and minimum standards of design

BlocksGenerally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-158(a)Length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-158(b)Pedestrian crosswalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-158(d)Width . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-158(c)

EasementsBuffer strips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-160(c)Drainage easement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-160(b)Utility easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-160(a)

General design standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-152Name of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-151Natural assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-154Physical improvements

Design standards for lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-156(a)Large tracts or parcels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-156(b)

Site conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-153Streets

Coordination and continuation of existing streets . . . . . . . 30-157(a)Culs-de-sac . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-157(h)Design standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-157(c)Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-157(g)Road and street surfaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-157(d)Street intersections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-157(f)Street names. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-157(b)Tangents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-157(e)

Suitability of landPrevention of flood damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-155(c)Sedimentation pollution control . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-155(b)Stormwater drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-155(a)

Water and sewerage systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-159Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-2Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-4Plats, platting

Effect of plat approval on dedications . . . . . . . . . . . . . . . . . . . . . . . 30-12Prerequisite for plat recordation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-6Procedure for plat approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-10Review and approval of plats. See herein that subjectStatement by owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-11

Review and approval of platsApproval of sketch plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-54Final plats

Contents required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-120

CODE INDEX

Section

CDi:33Supp. No. 2


SUBDIVISIONS (Cont'd.)Defects guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-114Disposition of copies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-124Effect of plat approval on dedications. . . . . . . . . . . . . . . . . . . . . 30-123Final plat requirements

Administrative fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-119(c)Certification required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-119(d)Number of copies and graphic media . . . . . . . . . . . . . . . . . . . 30-119(a)Size of plat and scale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-119(b)

Final plat review contingent upon execution of guaran-tees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-115

Final plat review relationship to performance guaran-tees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-113

Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-116Maintenance guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-121Performance guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-112Plat may be required on any subdivision of land . . . . . . . . 30-127Prepared. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-118Public improvements installation or guarantees. . . . . . . . . 30-111Recording of final plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-125Resubdivision procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-126Review procedure

Board of commissioners review. . . . . . . . . . . . . . . . . . . . . . . . . . 30-122(3)Planning board review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-122(2)Public hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-122(1)

Submitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-117Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-51Preliminary plats

Contents requiredAdditional required data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-82(b)Basic data. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-82(a)

Preliminary approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-85Preliminary plat requirements

Administrative fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-81(b)(3)Certifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-81(b)(4)Number of copies and graphic media . . . . . . . . . . . . . . . . . . . 30-81(b)(1)Size of plat and scale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-81(b)(2)

Public hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-84Study by technical review committee . . . . . . . . . . . . . . . . . . . . . 30-83Submission of preliminary plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-81(a)

Sketch design planPlan requirements

Administrative fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-52(b)(4)Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-52(b)(5)Contents required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-52(c)Format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-52(b)(1)Number of copies and graphic media . . . . . . . . . . . . . . . . . . . 30-52(b)(2)Size of plan and scale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-52(b)(3)

Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-52(a)

CODE INDEX

Section

CDi:35


SUBDIVISIONS (Cont'd.)Study by technical review committee

Committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-53(a)Planning board review of technical review committee

report on sketch plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-53(c)Transmission and consideration of sketch plans. . . . . . . . . 30-53(b)

Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-1Variances

Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-13(b)Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-13(a)Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-13(c)

Violations; penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-8Zoning and other plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-16Zoning regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-1 et seq.

See: ZONING

SUITS, ACTIONS, AND OTHER PROCEEDINGSFlood damage prevention

Administrative proceduresActions in event of failure to take corrective action . . . . . 20-64(f)Order to take corrective action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-64(g)Stop orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-64(b)

Water serviceComplaints and adjustments

Presentation of claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-113(a)

SUMMONSES. See: WRITS, WARRANTS AND OTHER PRO-CESSES

SUNDAYSAlcoholic beverages

Sale of alcoholic beveragesSale on Sundays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1(a)

BusinessesGeneral prohibition of business activity on Sunday

Exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1(b)Unlawful conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1(a)

Town office hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-4

SURETY BONDS. See: BONDS, SURETY OR PERFOR-MANCE

SURVEYS, MAPS AND PLATSMap on record; installation of markers . . . . . . . . . . . . . . . . . . . . . . . . 2-3Matters included in and excluded from Code . . . . . . . . . . . . . . . . . 1-3(4)Subdivision regulations re plats, platting . . . . . . . . . . . . . . . . . . . . . 30-6 et seq.

See: SUBDIVISIONSZoning district boundaries shown on zoning map . . . . . . . . . . . . 38-132

SWEAR OR SWORN. See: OATH, AFFIRMATION, SWEAROR SWORN

TOWN OF AURORA CODE

Section

CDi:36

SWIMMINGSwimming in posted areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-31Violations; penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-32

T

TAXATIONTax collector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-171Taxicabs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-36Water service

Use tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-115

TAXICABSCertificate of convenience and necessity

ApplicationBurden of proof. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-62(c)Filing of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-62(a)Hearing; notification and publication . . . . . . . . . . . . . . . . . . . . 36-62(b)

Certificate required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-61Issuance

Considerations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-63(b)Investigation of facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-63(c)Powers of the board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-63(a)

Null and void. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-65Revocation

Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-67(a)Notice; hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-67(b)

Transfer of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-66Validity of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-64

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-31Driver's permit

ApplicationPermit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-92(a)Reissue permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-92(b)

Display of permit and photograph. . . . . . . . . . . . . . . . . . . . . . . . . . . 36-99Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-96Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-100Fees and refunds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-97Grounds for disqualification of applicant. . . . . . . . . . . . . . . . . . . 36-94Investigation of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-93Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-95Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-91Suspension and revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-98

Identification of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-37Insurance required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-35Limitation on number of taxicabs and drivers' permits

issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-34Office and base required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-33Permit. See herein: Driver's PermitRates of fares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-32Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-36

CODE INDEX

Section

CDi:37Supp. No. 3

TENSEDefinitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

TIRESSpinning of tires prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-2

TOBACCO AND TOBACCO PRODUCTSSmoking

Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-61Smoking prohibited

Municipal buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-63(a)Municipal vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-63(b)

Violations; penalty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-62

TOWNBoundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1Definitions and rules of construction . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2Map on record; installation of markers . . . . . . . . . . . . . . . . . . . . . . . 2-3Town office hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-4

TOWN ATTORNEYAppointed by the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-151

TOWN BOARD. See: BOARD OF COMMISSIONERS

TOWN CLERKAppointed by the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-131Budget officer and finance officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-222

TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC

TRASH. See: GARBAGE AND TRASH

TREES AND SHRUBBERYStreets, sidewalks, and other public places

Shrubs and limbs or vegetation at intersections to betrimmed or cut . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-4

U

UTILITIESSubdivisions

Utility easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-160(a)Water and sewer services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-1 et seq.

See: WATER AND SEWERSZoning

Manufactured homes and manufactured home parksManufactured home stand utilities . . . . . . . . . . . . . . . . . . . . . . . 38-317(1)

V

VANDALISMWater and sewers

Damaging or obstructing system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-15

TOWN OF AURORA CODE

Section

CDi:38Supp. No. 3

VEGETATIONStreets, sidewalks, and other public places

Shrubs and limbs or vegetation at intersections to betrimmed or cut . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-4

VEHICLES FOR HIRE. See: TAXICABS

W

WALLS. See: FENCES, WALLS, HEDGES ANDENCLOSURES

WARRANTS. See: WRITS, WARRANTS AND OTHERPROCESSES

WATER AND SEWERSConnections

Water and sewer connections required; use of wellsregulated

Hardship variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-16(f)In-service sewer line. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-16(e)In-service water line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-16(b)Private well use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-16(a)Septic tank; connections to town sewer system . . . . . . . . . 34-16(d)Uses other than domestic household uses . . . . . . . . . . . . . . . 34-16(c)

Damaging or obstructing system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-15Discharging materials in sewer prohibited . . . . . . . . . . . . . . . . . . . 34-13Duties and responsibilities of board . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-1Manufactured homes and manufactured home parks

Sanitary facilities, water supply, sewerage, garbage col-lections, and utilities

Sewage disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-317(4)Water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-317(3)

MetersReconnecting water meters prohibited. . . . . . . . . . . . . . . . . . . . . . 34-10Separate meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-6

Permits required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-2Sewer service

Applicants and user requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 34-57Approved wastes

Characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-55(a)Surcharge on excessive waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-55(c)Wastes exceeding limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-55(b)

Billing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-69Connections

Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-59Outside connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-63

Construction and maintenance of manholes . . . . . . . . . . . . . . . 34-56Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-51Design and construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-60Determining of character and concentration of wastes

Approval of sample sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-66(b)

CODE INDEX

Section

CDi:39Supp. No. 3

WATER AND SEWERS (Cont'd.)Collection of samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-66(c)Costs included in surcharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-66(e)Determination of wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-66(d)Periodic determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-66(a)

Industrial cost recovery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-73Measurement of flow

Alternate water supply; approved water meters . . . . . . . . 34-65(b)Metered water consumptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-65(a)

Noncompliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-58Permissive use of public sanitary sewers for industrial

and other wasteApplication to approving authority . . . . . . . . . . . . . . . . . . . . . . . 34-53(a)Permission by approving authority; renewal . . . . . . . . . . . . 34-53(b)

PermitsDomestic waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-62(b)Industrial waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-62(a)

Powers and authority for inspection . . . . . . . . . . . . . . . . . . . . . . . . 34-64Preliminary treatment of handling facilities. . . . . . . . . . . . . . . 34-54Pretreatment requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-71Prohibited use of public sanitary sewers . . . . . . . . . . . . . . . . . . . 34-52Prohibited waste discharges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-72Protection from damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-70Sewer use charges

Connection and reconnection charges . . . . . . . . . . . . . . . . . . . . 34-67(b)Explanation of charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-67(a)Sewer use charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-67(c)Use tax to be paid by all potential customers . . . . . . . . . . . 34-67(d)

Structures requiredControl manhole; measuring device . . . . . . . . . . . . . . . . . . . . . . 34-61(b)Plans for construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-61(c)Storage tanks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-61(a)

Surcharge for treatment of industrial wastesExplanation of surcharges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-68(a)Payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-68(b)

SubdivisionsImprovements and minimum standards of design

EasementsDrainage easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-160(b)

TOWN OF AURORA CODE

Section

CDi:40Supp. No. 3


WATER AND SEWERS (Cont'd.)Suitability of land

Stormwater drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-155(a)Water and sewerage systems. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-159

Usage rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-8Use of town water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-11Utility rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-7Violations; enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-3Water and sewer bills

Adjustment for meter error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-9(b)Nonpayment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-9(c)Terms of payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-9(a)

Water and sewer taps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-5Water service

Abridgement of modification of rules . . . . . . . . . . . . . . . . . . . . . . . . 34-114Access to premises

Authorized agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-109(a)Perpetual easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-109(b)

Application for service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-103Billing and collection

Bills due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-111(d)Commencement of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-111(b)Failure to receive bills or notices . . . . . . . . . . . . . . . . . . . . . . . . . . 34-111(e)Figuring of bills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-111(a)Multiple meters on one premises . . . . . . . . . . . . . . . . . . . . . . . . . . 34-111(c)

Change of occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-110Classification of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-101Complaints and adjustments

Broken meter seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-113(d)Presentation of claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-113(a)Special meter readings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-113(b)Testing of meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-113(c)

Consumer's responsibilityAdditional meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-107(b)Arrangement of piping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-107(a)Assumption of liability by customer. . . . . . . . . . . . . . . . . . . . . . . 34-107(f)Cost of liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-107(g)Maintenance of piping and apparatus . . . . . . . . . . . . . . . . . . . . 34-107(d)Protection of town property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-107(e)Suitable location. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-107(c)

Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-104Extension to mains and services

Construction of extensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-108(a)Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-108(b)Refunds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-108(c)Terms of refunds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-108(d)Undeveloped subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-108(e)

Initial or minimum charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-105

CODE INDEX

Section

CDi:41


WATER AND SEWERS (Cont'd.)Rate schedule and tap-on fees

Rate scheduleIn-town regular residential and commercial water

customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-102(a)(1)Tap-on fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-102(b)

Suspension of serviceApplication of deposit towards settlement. . . . . . . . . . . . . . . . 34-112(b)Prosecution and refusal of service . . . . . . . . . . . . . . . . . . . . . . . . . 34-112(e)Reasons for discontinuance of service . . . . . . . . . . . . . . . . . . . . . 34-112(d)Restoration for delinquent accounts. . . . . . . . . . . . . . . . . . . . . . . 34-112(c)Settling of account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-112(a)

Town's responsibility and liabilityInspection of piping and apparatus . . . . . . . . . . . . . . . . . . . . . . . 34-106(d)Installation of meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-106(b)Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-106(f)Multiple meters on same location . . . . . . . . . . . . . . . . . . . . . . . . . 34-106(c)Notification for interruption of service. . . . . . . . . . . . . . . . . . . . 34-106(g)Refusal of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-106(e)Service line; tap on fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-106(a)

Use tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-115Water service to property

Consumers outside of town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-4(b)Water line; meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-4(a)

WellsConnections. See herein that subjectUse of wells for other than domestic purposes; cross

connections prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-12Work on water and sewer system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-14Zoning

Manufactured homes and manufactured home parksSanitary facilities, water supply, sewerage, garbage col-

lections, and utilitiesSewage disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-317(4)Water supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-317(3)

WATERWAYS. See: BOATS, DOCKS AND WATERWAYS

WEAPONS. See: FIREARMS AND WEAPONS

WEEDS AND BRUSHMinimum housing standards

Minimum standards for safe and sanitary maintenanceNoxious weeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-129(h)

WELLSUse of wells for other than domestic purposes; cross connec-

tions prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-12Water and sewer connections required; use of wells regulated 34-16

See also: WATER AND SEWERS

WIRES. See: POLES AND WIRES

TOWN OF AURORA CODE

Section

CDi:42


WRITINGDefinitions and rules of construction. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

WRITS, WARRANTS AND OTHER PROCESSESBoard of commissioners

Board's power over employeesSummon employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-91(6)

Y

YARDS AND OPEN SPACESZoning

Area, height, and placement regulationsPermitted projections into required open space. . . . . . . . . . 38-208

YEARDefinitions and rules of construction. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

Z

ZONING (Generally)Abandoned and junk vehicles

Administration and enforcement of provisionsPolice department and director of inspections and zon-

ing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-92(a)Flood hazard reduction

Areas of shallow flooding (AO zones) . . . . . . . . . . . . . . . . . . . . . . . . 20-95Inspection department

Duties of departmentEnforcement of zoning ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . 10-63(d)

Zoning compliance certificates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-61Matters included in and excluded from Code . . . . . . . . . . . . . . . . . 1-3(4)Minimum housing standards

Zoning board of adjustments to hear appeals. . . . . . . . . . . . . . . 10-140Subdivision regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-1 et seq.

See: SUBDIVISIONS

CODE INDEX

Section

CDi:43Supp. No. 2


ZONING (Chapter 38)Amendments

Action of planning board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-104Amendment initiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-102Comprehensive review of provisions . . . . . . . . . . . . . . . . . . . . . . . . . 38-108Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-101Procedure for amendment petitions

Contents of petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-107(b)Filing of applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-107(a)

Protest petition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-106Public hearing and notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-105Referral of amendment petition to planning board . . . . . . . . 38-103

Area, height, and placement regulationsAccessory buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-207Averaging an existing front setback line . . . . . . . . . . . . . . . . . . . . 38-205Corner lot setback on side street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-206Establishment of area, height, and placement regulations 38-201Exceptions to height limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-204Merger/consolidation of lots of record. . . . . . . . . . . . . . . . . . . . . . . . 38-209Off-street parking and loading

Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-212(a)Loading and unloading space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-212(c)Off-street parking spaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-212(b)

Permitted projections into required open space . . . . . . . . . . . . 38-208Rear dwellings and alley dwellings . . . . . . . . . . . . . . . . . . . . . . . . . . 38-210Regulations encumbering land required to satisfy regula-

tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-203Schedule of area, height, and placement regulations . . . . . . 38-202Special protection at C-1 boundaries . . . . . . . . . . . . . . . . . . . . . . . . 38-211

Board of adjustmentAdministration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-73Application of special exception power . . . . . . . . . . . . . . . . . . . . . . 38-75Application of variance power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-74Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-71Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-72

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-3Districts. See herein: Zoning DistrictsEstablishment of regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-1Height

Area, height, and placement regulations. See herein thatsubject

Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-2Manufactured homes and manufactured home parks

Approval of plans and issuance of permits. . . . . . . . . . . . . . . . . . 38-313Conformance with town ordinances, manufactured home

and manufactured home park regulations . . . . . . . . . . . . . 38-312Fire prevention

Within outside area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-323(a)(2)Within town limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-323(a)(1)

Health regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-323(b)

CODE INDEX

Section

CDi:45


ZONING (Chapter 38) (Cont'd.)Issuance of zoning compliance certificate . . . . . . . . . . . . . . . . . . . 38-315Manufactured home additions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-321Manufactured home sales in manufactured home parks . . 38-320Parking and storing of manufactured homes and travel

trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-319Placement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-323(c)Recreation areas and facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-318Replacement prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-323(d)Revocation of license and maintenance permit . . . . . . . . . . . . . 38-324Sanitary facilities, water supply, sewerage, garbage collec-

tions, and utilitiesGarbage and refuse disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-317(5)Manufactured home equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-317(2)Manufactured home stand utilities. . . . . . . . . . . . . . . . . . . . . . . . 38-317(1)Sewage disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-317(4)Water supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-317(3)

Specifications for manufactured home parks . . . . . . . . . . . . . . . 38-316Ventilation; material, crawl space, etc. . . . . . . . . . . . . . . . . . . . . . . 38-322What the plans shall show. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-314

Nonconforming usesNonconforming structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-283Statement of intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-281Use nonconformance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-282

Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-4(b)Permits

Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-46Zoning compliance permit. See herein that subject

Placement regulations. See herein: Area, Height, and Place-ment Regulations

Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-4(c)Special uses

General requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-243Procedures for submission and consideration of applica-

tions for approval of special uses. . . . . . . . . . . . . . . . . . . . . . . . 38-242Actions subsequent to board of commissioners' action . . 38-242(f)Application submitted to zoning administrator . . . . . . . . . . 38-242(b)Board of commissioners' action on application . . . . . . . . . . . 38-242(e)Board of commissioners to hear all applications. . . . . . . . . 38-342(a)Planning board action on application . . . . . . . . . . . . . . . . . . . . . 38-242(d)Referral to planning board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-242(c)

Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-241Specific requirements

Boat launching, storage and docking. . . . . . . . . . . . . . . . . . . . . . 38-269Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-269(b)Excluded uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-269(a)Standards for evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-269(c)

Business and professional offices . . . . . . . . . . . . . . . . . . . . . . . . . . 38-267Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-267(b)Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-267(a)

TOWN OF AURORA CODE

Section

CDi:46


ZONING (Chapter 38) (Cont'd.)Standards for evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-267(c)

Clothing manufacture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-265Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-265(b)Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-265(a)Standards for evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-265(c)

Communications towers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-272Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-272(b)Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-272(a)Standards for evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-272(c)

Extraction of earth products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-262Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-262(b)Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-262(a)Standards for evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-262(c)

Food processing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-263Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-263(b)Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-263(a)Standards for evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-263(c)

Multifamily dwellings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-268Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-268(a)Standards for evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-268(b)

Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-261Petroleum storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-266

Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-266(b)Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-266(a)Standards for evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-266(c)

Recreational vehicle park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-270Self-service (mini) storage facilities . . . . . . . . . . . . . . . . . . . . . . . 38-271Textile manufacture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-264

Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-264(b)Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-264(a)Standards for evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-264(c)

Use regulationsEstablishment of use regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-171Schedule of permitted uses by district. . . . . . . . . . . . . . . . . . . . . . . 38-172

VariancesApplication of variance power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-5Board of adjustment

Application of variance power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-74Violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-4(a)Zoning administrator

Duties and limitations of the zoning administrator. . . . . . . . 38-42Establishment of administrative offices . . . . . . . . . . . . . . . . . . . . . 38-41

Zoning compliance permitApplication for zoning compliance permit. . . . . . . . . . . . . . . . . . . 38-43Issuance of zoning compliance permit . . . . . . . . . . . . . . . . . . . . . . . 38-44Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-45

Zoning districtsBoundaries

Interpretation of district boundaries . . . . . . . . . . . . . . . . . . . . . . 38-133

CODE INDEX

Section

CDi:47Supp. No. 2


ZONING (Chapter 38) (Cont'd.)Zoning district boundaries shown on zoning map . . . . . . . 38-132

Division into zoning districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-131Intent of districts

C-1 conservation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-136(f)CB Community business district . . . . . . . . . . . . . . . . . . . . . . . . . . 38-136(c)CF Community facilities district . . . . . . . . . . . . . . . . . . . . . . . . . . 38-136(d)DT Downtown area development district . . . . . . . . . . . . . . . . . 38-136(b)R-1 Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-136(a)RU Rural . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-136(e)

MapZoning district boundaries shown on zoning map . . . . . . . 38-132

Required conformance to town ordinances and districtregulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-134

Use districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-135

TOWN OF AURORA CODE

Section

CDi:48Supp. No. 2

code of ordinances town of aurora, north carolina … · 2018-08-09 · aurora, north carolina...

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