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HomeMy WebLinkAbout4-20-2021 1 April 20, 2021 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA SESSION April 20, 2021 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, April 20, 2021 at 5:00 PM, in the Commissioners’ Meeting Room located in the Iredell County Government Center 200 South Center Street, Statesville, NC. Board Members Present Chairman James Mallory Vice Chairman Melissa Neader Scottie Brown Gene Houpe Board Members Participating Marvin Norman Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Deb Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: There were no adjustments to the agenda. ADMINISTRATIVE MATTERS Request from Emergency Communications for approval of the Alexander County 911 Backup Memorandum of Understanding: ECOM Director Candy Miller requested approval of a memorandum of understanding with Alexander County to provide 911 backup. Miller said ECOM originally entered into a MOU with Alexander County in 2016 to provide a solution as their Backup 911 for the benefit of the people of Alexander County. Alexander County assumes the responsibility of costs associated with any necessary equipment. Miller requested an extension of the MOU. This item was placed on consent. Request from Animal Services for approval of budget amendment #43 and to accept a Petco Grant in the amount of $15,000: Animal Services Director Kristian Hernandez requested approval of budget amendment #43 in order to accept a Petco Grant in the amount of $15,000. The grant funds will be used to initiate a Trap Neuter and Return program for the County as well as allocate for intake diversions to deter the public and behavior consultations to avoid animals coming to the shelter. The goal is not to increase the amount animals at Animal Services but to be able to provide the residents with resources to keep their pets. This item was placed on consent. Request from Elections for approval of a sole-source purchase award request to Elections Systems & Software: Dean Lail explained the Board of Elections needs to update their ADA Ballot Marking Machine. The current machines were purchased in 2006 and are beyond 2 April 20, 2021 repair. The vendor, Elections Systems & Software (ESS) is approved by the NC State Board of Elections (NCBoE). ESS has offered a quote of $163, 076.25, including a $6,000 Customer loyalty discount and trade-in allowance for the old equipment, to purchase their ExpressVote terminal, supporting equipment and software, and its implementation and installation. Help America Vote Act (HAVA) grant funds will cover $28,688.25. Elections Director Becky Galliher requested and received approval from the NCBoE. Lail requested approval of a sole-source award for purchase of the equipment. Commissioner Brown asked if all the equipment is being replaced. Galliher said none of the tabulators are being replaced. Voting will still take place on paper ballots and still go through tabulators to be counted. The request is for a ballot marking device for someone who is not able to mark their ballot on their own without assistance. The person will mark the ballot and gives it back to the voter, the voter then takes it to the tabulator and feeds it in – just like all the voters do. Commissioner Brown asked if the equipment is connected to the internet. Galliher said none of the voting equipment connects to the internet. Chairman Mallory asked if it will have barcode. Galliher said it does have a barcode and also the voter’s name on the ballot. County Attorney Lisa Valdez said all the systems certified by the State used the barcode. Also, NC prohibits an internet connection for elections. There are no modems or internet connections. Commissioner Brown asked why some counties have turned down the use of this equipment. Galliher said Guilford and Wake Counties did not have the funding available to outfit their counties and it was at the heat of COVID. It was more of a timing issue it is not that the Counties do not want the equipment. Vice Chair Neader asked if the equipment will be used only by voters who need assistance marking their ballot. Galliher said anyone can use the equipment, but the County needs it at each precinct and one-stop sites because Federal Law requires an ADA piece of equipment for voters who need assistance. Some voters like staff to help mark their ballots and some wish to be independent. The equipment will allow the independence. The voter can use the machine and pick their choices. It will print a paper ballot to be taken to the tabulator to be counted. Chairman Mallory said the voter who uses the machine will receive a paper ballot after making their selections and look at the paper ballot to validate that it marked the places they wanted marked. Galliher said correct. 3 April 20, 2021 Vice Chair Neader asked if the grant program is federally funded that is reoccurring. Galliher said the grant is for now and the money must be encumbered by June 30, 2021 or the money is lost. Vice Chairman Neader asked about the current ADA equipment. Galliher said the equipment was purchased in 2006 and started having minor issues. During the last election, two machines did not work. They worked when tested but not on Election Day. Galliher said the equipment is starting to show its age. The company has the parts to repair the equipment, but are unsure how long they will have them. A lot of the parts are no longer made and used parts may be used to repair the equipment. Vice Chair Neader asked Galliher asked to elaborate on the equipment. Galliher said the device and software are the system. With the new software, the Board of Elections will be able to utilize a piece of equipment (DS45) given by the State before the November 2020 election. The DS450 is a high-speed counter that can be used during recounts and not have to pay companies to help with recounts. The last recount took 12 hours and cost over $13,000 for a company to help. Commissioner Houpe asked to table the request to give the Board a chance to address concerns from citizens as well as to understand what the equipment does and does not do. The Board asked Galliher to add a video of demonstration to the County Website. This item was continued to a future meeting. Request from the Health Department for approval of budget amendment #42 for Epidemiology and Laboratory Capacity Enhancing Detection Activities Grant in the amount of $1,456,100: Jessica Ridgway requested approval of budget amendment #42 for the Epidemiology and Laboratory Capacity Enhancing Detection Activities Grant in the amount of $1,456,100. These funds are to be used to further enhance Local Health Department’s ability to prevent, prepare for, and respond to COVID-19 by carrying out surveillance, epidemiology, laboratory capacity, infection control, mitigation, communications, and other preparedness and response activities. Funds will be used to cover the salary, supplies, travel and IT equipment needed for an additional six contracted nurses to help with COVID-19 vaccine clinics and four additional contracted administrative staff to assist with CVMS data entry and COVID-19 vaccine claim billing. The department plans to hire one contracted community coordinator to plan testing and vaccine clinics and one contracted health educator to work within Iredell County’s vulnerable communities to carry out health risk reduction campaigns for the COVID-19 pandemic. This grant will also cover the cost of traffic control, an on-site sheriff’s deputy, and ICATS to be present at all our COVID-19 vaccine clinics. Also, the department plans on purchasing a portable, digital road sign that can be used to advertise our COVID-19 vaccine clinics or at other large community events. Additional expenses are added to this request cover the cost of COVID-19 testing for local long-term care facilities, a mask order, and miscellaneous printing needs for COVID -19 vaccine clinics. The department plans to purchase a mobile medical van and associated equipment, to 4 April 20, 2021 provide public health services within our community at large. Any remaining funds will be used as needed in accordance with guidelines set forth in the agreement Commissioner Houpe asked how long the grant will fund the contracted positions. Ridgway said next fiscal year. The contracted nurses, administrative staff and community coordinator are on an as-needed basis. Chairman Mallory encouraged Ridgway to consider multiple programmable signs. This item was placed on consent. Request from the Health Department for approval of the Fee Policy and Proposed Fees for 2021-2022: Jessica Ridgway presented the Health Department’s Fee Policy and Proposed Fee Schedules. The fee schedules include clinical services, dental, and environmental health. Select birth control methods (on page 6) of the clinical services fee schedule will be effective immediately upon approval. The Board of Health approved the fee policy and proposed fees on April 8, 2021. This item was placed on consent. Request from Planning & Development to consider calling for a public hearing on May 4, 2021 at 7:00 p.m. in regard to a request by Michael Nelin to release zoning and subdivision jurisdiction to the Town of Mooresville: Planning Director Matthew Todd said the property is close to 7 acres and located on Brawley School Road. The proposed use of the property residential townhome development. The Town of Mooresville has acknowledged the request. Todd requested a public hearing on May 4, 2021 at 7pm. Chairman Mallory said this a great investment of tax dollars because it helps jurisdictions work together on a committee level of the CRTPO. This item was placed on consent. Request from Planning & Development for approval of an Interlocal Agreement and continued partnership with the Lake Norman Regional Transportation Commission: Planning Director Matthew Todd said the County has participated in the Lake Norman Regional Transportation Commission since 2016. The LNTC helps bring jurisdictions to address transportation needs and issues. This item was placed on consent. Request from the Finance Department to adopt the FY2021-2022 funding plan for the Juvenile Crime Prevention Council: Finance Director Deb Cheek requested approval to adopt the FY21-22 funding plan for the Juvenile Crime Prevention Council. All programs have present requests to the Finance Committee, funding decisions are made and then approval is sought from the entire council. The funding has been approved unanimously from the JCPC board. The DASH program was not funded for the next cycle due to their inability to provide services needed due to COVID. 5 April 20, 2021 Program funding is as follows: JCPC Administration $13,000; Children's Hope Alliance $120,003; Piedmont Mediation $208,247 and Aspire Youth and Family $94,238. Funding totals equal $405,970 with additional matching funds bringing total funding to $535,488. This item was placed on consent. Request from Iredell County Economic Development Corporation to extend the Economic Development Agreement for Pactiv, LLC to December 31, 2021: County Manager Beth Jones explained that Pactiv LLC has requested to invoke Force Majeure pursuant to Section 8 of the Economic Development Agreement. The COVID-19 pandemic resulted in project delays which will necessitate additional time for the company to fully achieve its investment and job creation goals set out in the agreement. The Company request an extension until December 31, 2021 to complete the project. This item was placed on consent. Request from Administration for adoption of a Resolution Regarding the Waiver of Penalties on Business Personal Property Listings: Deputy County Manager Susan Robertson said on or before January 31, 2021, some business taxpayers requested an extension of time to file their 2021 Business Personal property listing and were granted an extension to April 15, 2021 which is the same date US and NC tax returns are due under normal circumstances. Some local businesses with extensions have requested that penalties be waived as long as the business personal property listing is submitted on or before May 17, 2021. This Resolution establishes the criteria for which the Iredell County Board of Equalization and Review may waive late listing penalties. Chairman Mallory said this resolution does not extend time but rather creates the opportunity to waive penalty fees. This item was placed on consent. Request from Tax Administration for approval of March 2021 Refunds and Releases: This item was placed on consent. Request from Clerk to the Board for approval of minutes from the meeting on April 6, 2021: There were no additions or corrections. This item was placed on consent. ANNOUNCEMENTS OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARDS & COMMISSIONS (None) OLD BUSINESS (None) NEW BUSINESS 6 April 20, 2021 (None) COUNTY MANAGER’S REPORT County Manager Beth Jones provided an update on the following: • Pfiser Vaccination Clinic – April 26 • First and Second Doses are now administered at the Health Department • As a result of some of the restrictions, there are some modified services delivery. The Parks and Recreation Department is no longer requiring reservations for the Fitness Center. Capacity remains at 40. Cleaning will take place from 11-11:30am and 3:30- 4pm on Monday-Friday and 11:30-noon on Saturday. All branches of the Library will now be open on Saturdays 9am – 6pm. The lower level of the Statesville branch will reopen for browsing. Capacity is 50% and returned items will remain quarantined for 72 hours. CLOSED SESSION The Board entered into Closed Session at 5:49pm. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES April 20, 2021 The Iredell County Board of Commissioners met in regular session on Tuesday, April 6, 2021 at 7:00 PM, in the Commissioners’ Meeting Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. Board Members Present Chairman James Mallory Vice Chairman Melissa Neader Scottie Brown Gene Houpe Board Members Participating Remotely Marvin Norman Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Debra Cheek and Clerk to the Board Amy Anderson. CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman Mallory asked everyone to bow their heads for a moment of silence or reflection. PLEDGE OF ALLEGIANCE led by Chairman Mallory. ADJUSTMENTS TO THE AGENDA There were no adjustments to the agenda. MOTION by Commissioner Brown to approve the agenda as presented. 7 April 20, 2021 VOTING: Ayes – 5; Nays – 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Presentation of plaque and recognition of retiree David Lambert: Chairman Mallory presented a plaque and recognized retiree Solid Waste Director David Lambert for his 27 years and 8 months of dedicated service to Iredell County. Lambert started working at the landfill in 1993 as a groundskeeper and worked his way through the ranks, now Director. Solid Waste is unique, it is an Enterprise Fund. The department is customer driven and pays for itself. Solid Waste is a department you may not think of until you do not have it. Chairman Mallory said, “David has been a great steward of tax dollars in terms of being able to focus the kind of equipment needed to do the job and keep it running. We are going to miss David.” Former County Manager Joel Mashburn said, “One of the finest men I’ve ever worked with. I told him he was too young to be retiring. Make sure you have something to do after you retire. It took me a while to get used to it. A person that would love to be here is the late Ron Weatherman. Ron that saw the potential in David and even though he couldn’t hire David at what he saw his potential to be at the time, he was always supportive of him and give him every opportunity. When I had the opportunity to replace Ron when he retired, I knew exactly the person I felt should be filling that role. I am proud to know David and work with you. I wish you the very best in your retirement.” Former Chairman and current City Councilmen Steven Johnson said, “Congratulations, David. This is one of the finest gentlemen I ever worked with. What I always looked for in a Department Head was someone who is going to come to the Board and be very respectful but put it on the table what they needed, and give the information you need to make good decisions. David always did that. David, you are a faithful steward and I have all the respect in the world for you. I wish you the best. God bless you and your family.” Former County Commissioner Ken Robertson said, “I would like to talk about the difficulty of this job. So many people think if you are in County government or any government your job is to take a big pile of papers from one desk and move them to a different desk. The stereotypical bureaucrat. What we do at Solid Waste is take all the refuse generated in the County and comply with every State and Federal regulation you can imagine. Figuring out how to handle every cubic yard of refuse and there are many different categories. How to do that in the most efficient way and maximize the use of horizontal and vertical space is no small task. Out at Solid Waste the director has to be a whole lot of civil engineer, fair amount of mechanical engineer, and a little bit of industrial engineer. And, David did all that without an engineering degree. That is incredible. It is hard for a degreed engineers to run those facilities. David is widely known as somebody who does it better than everyone else. Iredell County can recruit all the business we want and do all kinds of stuff, and our ability to handle waste is not a limiting f actor. More and more are access water and ability to deal with waste will limit communities from exploiting economic opportunities. He is a leader. I am going to tell you the technical expertise that walks out the door when you go out, that institutional knowledge is going to take a herculean effort to replace. Not putting any pressure on you, Teddy. This is a great example, under Joel Mashburn’s leadership it happened, and it is continued to this day is Iredell County looks first internally to 8 April 20, 2021 grow its’ future leaders. David is a walking – talking example of that and so is Teddy. This is great thing. It inspires our workforce and I think it is good business. Congratulations my friend.” Chairman Mallory said, “It is team effort to be able to serve the County in any governmental role.” Mallory recognized Lambert’s wife, Lorraine. Lambert said, “One thing that Ron Weatherman always preached to me was the safety of the enterprise fund. I always tried to maintain that. I had some great help with Susan Cornel l and Susan Robertson. The first year I thought I knew everything about Solid Waste and I found out I had looking through a knot hole in the fence. When I got on the other side of the fence there was a whole lot more to the world. I am pretty sure the first I probably aggravated Mr. Mashburn to death. There was one call on light days and three or four calls on a regular day. He was always patient and supportive. I have always had great people work with that brought me along. My wife is a driving force. She has a strong work ethic and she pushed me. I would probably be happy with mowing the grass out there, but she pushed me along a little bit. I had a good people to help me in my career. I hope the same for Teddy. I appreciate the support I’ve had through the years and everything we did was for the citizens; to be most efficient and effective. Thank you.” Recognition of I-CATS for Receiving a 2021 North Carolina Public Transportation Association Safety Award: Chairman Mallory recognized Operations Manager Jeff and Driver Charlene, representing the ICATS staff, for receiving the 2021 North Carolina Public Transportation Association Safety Award. APPOINTMENTS BEFORE THE BOARD Presentation of the Iredell County Child Fatality Prevention Team (CFPT) Annual Report for cases reviewed in 2020: CFPT Chairperson Laura Johnson presented the Annual Report of Cases reviewed in 2020. Laura explained the CFPT advocates for system improvements and needed resources where gaps and deficiencies may ex ist. The purpose of the local CFPTs are to identify deficiencies in the delivery of services to children and families by public agencies; make and carry out recommendations for changes that will prevent future child deaths; and promote understanding of the causes of child deaths. In 2020, the CFPT reviewed 23 child deaths that occurred in 2019. One child died as a result of inhalation and indigestion causing obstruction of the respiratory tract after falling in a manure pond. The team identified one system problem and recommendation for future prevention efforts. The action proposed was to distribute agriculture injury prevention materials with the help of local 4-H groups, Future Farmers of America, and agricultural students at local high schools. PUBLIC HEARINGS Public hearing to consider a request by Charles Myers to release zoning and subdivision jurisdiction to the Town of Mooresville: Planning Director Matthew Todd said The property is slated to expand an existing residential subdivision located in Mooresville’s jurisdiction and falls in the tier 2 area for Mooresville. Chairman Mallory opened the public hearing. No one wished to speak. 9 April 20, 2021 Chairman Mallory closed the public hearing. Because of the COVID19 restrictions currently in place, the Board will vote on this matter at the next regular meeting, May 4, 2021. Anyone wishing to comment on the public hearing may do so in writing. IREDELL COUNTY PLANNING & DEVELOPMENT PLANNING STAFF REPORT Release of Zoning & Subdivision Jurisdiction Staff Project Contact: Rebecca Harper EXPLANATION OF THE REQUEST Charles Myers from MT Land LLC has requested release of the zoning and subdivision jurisdiction of 41.04 acres owned by Moore Residential Real Estate Trust to the Town of Mooresville. The purpose for the request is an expansion of the Pecan Hills Subdivision, which is already in the Town’s jurisdiction. OWNER/APPLICANT OWNERS: Moore Residential Real Estate Trust APPLICANT: Charles Myers 136 Arabian Drive MT Land LLC Mooresville, NC 28115 141 Providence Rd Charlotte, NC 28207 PROPERTY INFORMATION LOCATION: off Shinnville Road in Mooresville; more specifically identified as PIN # 4668391280. DIRECTIONS: Shinnville Road, right on Arabian, on the left. SURROUNDING LAND USE: This property is surrounded by residential uses. SIZE: The property is 41.04 acres. EXISTING LAND USE: The tract currently has two homes on it. ZONING HISTORY: This property has been zoned RA since County-wide zoning in 1990. OTHER JURISDICTIONAL INFORMATION: This property is located inside Mooresville’s short range USA boundary. The property is adjacent to other parcels that are already in the Town’s jurisdiction. This property is located in Tier 2 Tiered Growth Map, which was adopted as part of their Mooresville One Plan on September 16, 2019. This area has been identified on Mooresville’s Future Character and Land Use Map as Neighborhood Residential, which is intended to provide traditional blocks, urban villages, clustering, and well-connected subdivisions. OTHER SITE CHARACTERISTICS: This property is not located in a water supply watershed. 10 April 20, 2021 IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The most recent traffic count for this section of Shinnville Road was completed in 2015 and was 5,700 vehicles per day. The capacity for Shinnville Road is 11,000 vehicles per day. SCHOOLS: The proposed use is a residential development that would expand the Pecan Hills Subdivision. STAFF COMMENTS STAFF COMMENTS: From a Planning perspective, this request meets the criteria for release of zoning and subdivision jurisdiction. The Town Planning staff has provided a letter that states the property is located in Tier 2 of their Tiered Growth Map. The 2030 Horizon Plan recommends Medium Density Residential uses for this area. The Town of Mooresville has regulations in their code to require a Traffic Impact Analysis to try to mitigate that impact. The Planning staff recommends in favor of this request. Public hearing to consider a request by Jennifer Holt to release zoning and subdivision jurisdiction to the Town of Mooresville: Planning Director Matthew Todd said the 40-acre property is slated for residential development and falls within the tier 2 area. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. Because of the COVID19 restrictions currently in place, the Board will vote on this matter at the next regular meeting, May 4, 2021. Anyone wishing to comment on the public hearing may do so in writing. IREDELL COUNTY PLANNING & DEVELOPMENT PLANNING STAFF REPORT Release of Zoning & Subdivision Jurisdiction Staff Project Contact: Rebecca Harper EXPLANATION OF THE REQUEST Jennifer Holt has requested release of the zoning and subdivision jurisdiction of 42.5 acres t o the Town of Mooresville. The proposed use of the property is a residential development with a density of two units per acre. OWNER/APPLICANT OWNER: Jennifer Holt 108 Mills Plantation Cr Troutman, NC 28166 11 April 20, 2021 PROPERTY INFORMATION LOCATION: Bailey Road in Mooresville; more specifically identified as PIN #s 4658468604 and 4658573750. DIRECTIONS: Hwy 115 south, right on Bailey Road, on the right before Toucan Road. SURROUNDING LAND USE: This property is surrounded by residential uses. SIZE: The property is 42.5 acres. EXISTING LAND USE: The property is currently vacant. ZONING HISTORY: This property has been zoned RA since County-wide zoning in 1990. OTHER JURISDICTIONAL INFORMATION: This property is located inside Mooresville’s short range USA boundary. The property to the north is already in the Town’s jurisdiction. This property is located in Tier 2 Tiered Growth Map, which was adopted as part of their Mooresville One Plan on September 16, 2019. This are a has been identified on Mooresville’s Future Character and Land Use Map as Neighborhood Residential, which is intended to provide traditional blocks, urban villages, clustering, and well - connected subdivisions. OTHER SITE CHARACTERISTICS: This property is located in a WSIV-Protected Area water supply watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The most recent traffic count for this section of Bailey Road was completed in 2016 and was 700 vehicles per day. The capacity for Bailey Road is 11,000 vehicles per day. SCHOOLS: The proposed use is a residential development with a density of two units per acre. STAFF COMMENTS STAFF COMMENTS: From a Planning perspective, this request meets the criteria for release of zoning and subdivision jurisdiction. The Town Planning staff has provided a letter that states the property is located in Tier 2 of their Tiered Growth Map. The 2030 Horizon Plan recommends Medium Density Residential uses for this area. The Town of Mooresville has regulations in their code to require a Traffic Impact Analysis to try to mitigate that impact. The Planning staff recommends in favor of this request. Public hearing to consider a text amendment to the Land Development Code: Planning Director Matthew Todd said majority of the amendments are updates to the General Statutes number references. Also, many existing practices however, they are being added to the code for clarification. There are places throughout the code where chapter references from the 12 April 20, 2021 old 153A are now 160D. Todd explained there was a statewide push for unity in terminology and the process of types of rezonings. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. Because of the COVID19 restrictions currently in place, the Board will vote on this matter at the next regular meeting, May 4, 2021. Anyone wishing to comment on the public hearing may do so in writing. IREDELL COUNTY PLANNING & DEVELOPMENT PLANNING STAFF REPORT Proposed Text Amendment – Update entire code to match the new 160D enabling statutes EXPLANATION OF THE REQUEST Previously the enabling statutes for development regulations were split between County and City (153A and 160A). For over 5 years there has been a lot of work to consolidate these into one Chapter known as 160D. With this consolidation, there are several changes we need to make to our current Land Development Code. Originally, the State Legislation adopted these changes with an effective date of January 1, 2021. Due to Covid-19 this deadline has been extended to July 1, 2021. Existing text that is bold and with strike through is text to be removed. Text in red and underlined is new text to be added. The Iredell County Planning Board voted 9 -0 to recommend approval at their March 3, 2021 meeting. STAFF COMMENTS A majority of the amendments included in this report are just updates to General Statutes number references there are some substantive changes. Also, many of the items were already practiced but we are adding to the code for clarification. As you will notice there are numerous places where we have only had to change the Chapter references from the old 153A to the new 160D. There was also a push for uniformity in terminology and process of types of rezonings. For several items, we already have the terminology that they have set in place. Also, for types of rezonings and removing the option of conditional use rezonings, we were ahead of the game and had already removed several years ago. There are also changes or clarification in the Statutes that don’t require text changes but just process changes. Summary of Changes • Chapter References throughout code • Terminology updates • Bona fide farm • Subdivision • Vested Right • Variance findings of fact • Conflict of interest • Definitions 13 April 20, 2021 TEXT AMENDMENTS Purpose This chapter sets forth general and legal details which establish the purpose, jurisdiction and applicability of the ordinance, as well as its incorporated maps. Legal provisions are included to define how this ordinance interacts with local, state, and federal laws and details the replacement of the traditional “stand alone” ordinances with a Land Development Code (LDC). The regulations contained in this ordinance address the myriad facets of land development. These regulations shall be made in accordance with a comprehensive plan and shall They are be designed to, among other things: ▪ Promote and protect the public health and general welfare, facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the community in accordance with a Comprehensive Plan, ▪ Establish procedures and standards for the development of land, promote orderly growth and development, coordinate new roads and highways within subdivisions, and facilitate the further re-subdivision of larger tracts into smaller parcels of land. ▪ Protect the public drinking water supply. ▪ Establish procedures to regulate certain land disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation. Authority Section 1.2.1 Statutory References This ordinance is adopted pursuant to the authority contained in the following North Carolina General Statutes: ▪ Chapter 153A, Article 18, Part 3 – Zoning 160D-Article 7 – Zoning Regulation ▪ Chapter 153A, Article 18 – Planning and Regulation of Development 160D-Article 5- Planning ▪ Chapter 113A, Article 4, Part 60 and the North Carolina Administrative Code, Title 15A, Chapter 4 Subchapter A-E – Erosion and Sedimentation Control ▪ Chapter 153A, Article 6, Section 121, General Ordinance Authority , 160D-926-Water Supply Watershed Management, and Chapter 143, Article 21, Watershed Protection Rules – Water Supply Watershed Protection Rules delegated to Iredell County by the State of North Carolina ▪ Chapter 63, Article 4, Model Airport Zoning Act ▪ Chapter 143, Article 21, Part 6; Chapter 153A, Article 18, Part 3 and 4; Chapter 153 A, Article 6 Part 121 –Statutory Authorization for floodplain management regulations for participation in the National Flood Insurance Program Chapter 160d-923 Floodplain Regulation Section 1.3.6 Bona Fide Farms Exempt The provisions of this ordinance shall NOT apply to bona fide farms including start up farms, except that a farm property used for non-farm purposes shall NOT be exempt from regulation; except that the floodplain management provisions of Appendix G of this ordinance, regulating development in the special flood hazard areas, as required f or participation in the National Flood Insurance Program, shall apply to all development including bona fide farms located within the special flood hazard areas of Iredell County. 14 April 20, 2021 For the purposes of this ordinance, a bona fide farm is any tract or tracts of land, which meets the criteria as established in G.S. 153A-340(b)(2) 160D-903 together with any subsequent amendments and has tax deferment on the county tax records. Start-up farms requesting bona fide farm status shall provide documentation that the y satisfy all the requirements set forth in G.S. 153A-340(b)(2) 160D-903 together with any subsequent amendments and that they have applied for tax deferment status with the Iredell County Tax Department. Relationship to the 2030 Horizon Plan This ordinance has been adopted in accordance with the Iredell County 2030 Horizon Plan . While the board reaffirms its commitment that this ordinance and any amendments to be in conformity with adopted planning policies, the board hereby expresses its intent that neither this ordinance nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document, except to the extent that consistency with the plan and ordinances that affect areas of environmental concern as required by NCGS 113A-111 (Effect of Land Use Plan). Purpose This Chapter establishes zoning districts and identifies the uses that are permitted within each district. In accordance with the requirement of NCGS §160A-382 160D-703 that zoning regulation be by districts, the County, as shown on the Zoning Map accompanying this Ordinance, is hereby divided into the following districts which shall be governed by all of the uniform use and dimensional requirements of this Ordinance. Temporary Family Healthcare Structure Temporary family healthcare structures are regulated by GS 160A-383.5 160D-915 and are allowed as accessory to a primary structure in any single-family residential district. These structures shall meet all setback requirements for the principal structure. Family Care Home and Family Day Care Home A family care home with six (6) or fewer persons or a family day care home with eight (8) or fewer persons may be operated as an accessory use to a principal dwelling per GS 160-D-907. Section 6.6.1 Table 6.1 Signs permitted in all Zoning Districts Type Permit Require d On or Off Premise s Max. Number Max. Copy Area Max. Display Time Temporary Sign No On 1 32 Until Event is Over Temporary Sign No Off 1 9 Until Event is Over Flags (Blade Signs) No On 3 - - Incidental object or product signs No On - - - Construction Fence Signage Exempt per §153A-340 160D-908 Informational/Instructional No On - 10 - Political §153A-340. Regulation of Signs 136-32 Home Occupations No On 1 3 15 April 20, 2021 Type Permit Require d On or Off Premise s Max. Number Max. Copy Area Max. Display Time Residential Development or Recreation Facility Yes On 2 sign faces per entrance 32 - Non-Residential Uses Permitted in Residential Districts* Yes Off 2 * - Subdivision Defined For purposes of this Ordinance, the word "subdivision" is defined in NCGS 153A-335 160D-801 and shall mean all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions are is created for the purpose of sale or building development, (whether immediate or future), and shall includes all division of land involving the dedication of a new street or a change in existing streets; but the following shall not be included with the definition nor be subject to the regulations authorized by the Article: However, the following is NOT included within this definition and is NOT subject to any regulations enacted pursuant to this Ordinance: A. The combination or recombination of portions of previously subdivided and recorded lots, if where the total number of lots is NOT increased and the resultant lots are equal to or exceed the standards of the county as shown in its subdivision regulations. B. The division of land into parcels greater than ten (10) acres if where no street right-of-way dedication is involved. C. The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors. D. The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where , the entire area of which is no greater than two (2) acres, in single ownership into NOT more than three (3) lots, if no street right-of-way dedication is involved and if where the resultant lots are equal to or exceed the standards of Iredell County as shown in this Ordinance. E. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate session under Chapter 29 of the General Statutes. Zoning Permit with Vested Rights It is recognized that it is necessary and desirable as a matter of public policy to: 1. Provide for the establishment of certain vested rights in order to ensure reasonable certainty, stability, and fairness in the land use planning process, and 2. Secure the reasonable expectations of landowners, and foster cooperation between the public and private sectors in land-use planning and development regulation. The following section is provided based on G.S. 160D -108 and is referenced for additional clarification. Permit Choice: 16 April 20, 2021 If a development permit applicant submits a permit application for any type of development and a regulation is amended, including an amendment to any applicable land development regulation, between the time the permit application was submitted and a decision is made, the application may choose which version of the rule or ordinance will apply to the permit. An applicant can choose which version of code regulations to follow when a change to the code has been made after an application has been filed with the County (160D-108(b)) Statutory vesting 1. Six months Building permits pursuant to G.S. 160D-1109 expire six months after issuance unless work under the permit has commenced. Building permits also expire if work is discontinued for a period of 12 months after work has commenced. 2. One year Other local development approvals pursuant to G.S. 160D-403(c), unless otherwise specified by statute or local ordinance expire one year after issuance unless work has substantially commen ced. Expiration of a local development approval shall not affect the duration of a vested right established under this section or vested rights established under common law. 3. Two to five years Site-specific vesting plans. A vested right for a site-specific vesting plan shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site - specific vesting plan unless expressly provided by Iredell County. Site-specific vesting plans shall be vested for a period of two years but not exceed five years. 4. Seven years Multi-phase developments – Shall be vested for the entire development with the zoning regulations, subdivision regulations, and unified development ordinance in place at the time a site plan approval is granted for the initial phase of the multiphase development. For the purpose of this section, multi - phase developments are those that contain 25 acres or more that have submitted for development to occur in more than one phase and subject to a master development plan with committed elements showing the type and intensity of use of each phase. In any case where the an applicant for a Zoning Permit desires to obtain a vest right as site-specific vesting plan authorized by NCGS 153A-344.1 160D-108 the applicant shall submit a site specific development plan consistent with Article XIV shall be subject to Public Hearings by the Planning Board and Board of Commissioners as follows: A. Public Hearing Notice of any Planning Board public meeting or Board of Commissioners public hearing shall be given as follows: 1. A notice shall be published in a newspaper having general circulation in Iredell County once a week, for two (2) successive weeks, the first notice to be published NOT less than ten (10) days nor more than twenty-five (25) days prior to the date established for the Board of Commissioners public hearing. 17 April 20, 2021 2. At least one (1) notice shall be conspicuously posted on the subject property at least ten (10) days prior to the Planning Board Meeting. 3. A notice of the public hearing shall be sent by first class mail by the Planning Department to all adjoining property owners at least ten (10) days prior to the Planning Board meeting and the Board of Commissioners public hearing. B. Planning Board Review and Recommendation Once the public meeting has been conducted, the Planning Board shall be given an opportunity to review the application and make a recommendation to the Board of Commissioners. The Planning Board shall have up to forty-five (45) days from the date the public meeting was concluded to make such recommendation. Alternatively, the Planning Board could request additional information of the applicant in order to aid them in their review of the application. If no recommendation is made during said forty-five (45) day period (except as herein provided) the application shall forthwith be forwarded to the Board of Commissioners. C. Board of Commissioners' Action Once the public hearing has been conducted and concluded, the Board of Commissioners shall determine whether or not to approve the site-specific development vesting plan and accord the vested right. In approving an application for vested rights of a site specific development plan, the Board of Commissioners may attach fair and reasonable ad hoc conditions which tend to support the required finding of facts as herein listed. The petitioner shall be given reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the Board of Commissioners. The Board of Commissioners may NOT require the landowner to waive his vested right as a condition of developmental approval. The Board of Commissioners may approve the site specific development plan if it has evaluated an application and determined that: 1. The use meets all required specifications of the Zoning Ordinance, and 2. The use will NOT materially endanger the public health or safety and will NOT substantially injure the value of adjoining property if located where proposed. Conditions, i f any, placed on the site specific development plan by the Board of Commissioners shall be adequate to meet this requirement. 3. The site specific development plan is vested for a period of greater than two (2) years, this shall be based on one or more factors so described in Section 8.16 D. The burden of proof of producing evidence to support these findings (and to overcome any challenges that approval of the site plan would be contrary to one or more of these findings) shall rest entirely with the landowner. D. Effect of Approval The effect of the Board of Commissioners approving a site-specific development plan shall be to vest such site plan for a period of two (2) years from the date of approval. If the landowner requests, however, the Board of Commissioners may approve a vesting period NOT to exceed five (5) years from the date of approval. The vesting of any site plan beyond a two (2) year period 18 April 20, 2021 may only be authorized by the Board of Commissioners where it is found that due to (i) the sizing and phasing of the development; or (ii) the level of investment; or (iii) the need for the development; or (iv) economic cycles; or (v) market conditions, and other considerations building permits for all phases of the development cannot be secured within two years. A vested right shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan as provided for in this Section. Failure to abide by the ter ms and conditions placed upon such approval will result in the forfeiture of the vested right previously accorded. A vested right, once established as herein provided, shall preclude any zoning action by the County which would change, alter, impair, prevent, diminish or otherwise delay the development or use of the property as set forth in the approved site specific development except under the following conditions: 1. The affected landowner provides written consent to the County of his desire to terminate the vested right; or, 2. The County determines, after having advertised and held a public evidentiary hearing, that natural or man-made hazards exist on or in the immediate vicinity of the property which pose a serious threat to the public health, safety and welfare if the project were to proceed as indicated in the site specific development plan vested right; or, 3. Compensation is made by the County to the landowner for all cost, expenses, and other losses incurred including, but NOT limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and any other consultant's fees incurred after approval together with interest thereon at the legal rate until paid as provided in G.S. 160D- 106; or, 4. The County determines, after having advertised and held a public evidentiary hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which that made a difference in the approval by the County of the site specific development plan vested right; or 5. Upon the enactment or promulgation of a State or Federal law or regul ations which that precludes development as contemplated in the site specific development plan vested right. In such case the County may (after having advertised and conducted a public evidentiary hearing) modify the affected provisions upon a finding that the change in State or Federal law has a fundamental effect on the plan. Once a vested right is granted to a particular site specific development plan, nothing in this section shall preclude the County from conducting subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided such reviews and approvals are NOT inconsistent with the original approval. E. Minor Modifications A site specific development plan may be modified to the extent that changes in detail which do NOT change the basic relationship of the conditions set forth by the Board of Commissioners. 19 April 20, 2021 Changes in detail which may be modified shall include, but NOT be limited to the reduction in square footage of buildings and signs, and the reduction in the number of buildings or lots. Application for a minor modification shall include a new site specific development plan and a detailed description of the proposed changes. The Planning Director may authorize minor modifications to the site specific development plan. Any applicant may appeal the decision of the Planning Director to the Board of Commissioners. In no case shall a minor modification extend the approved vesting period for the site specific development plan. F. Revocation or Expiration of a Vested Right The vested right resulting from the approval of a site specific development plan may be revoked by the Board of Commissioners as provided for in this Section. In addition, a revocation may occur if the Board of Commissioners determines that the landowner has failed to comply with the terms and conditions of the approval or with any other applicable portion of the Zoning Ordinance. The vested right shall otherwise expire at the end of the approval period established by the Board of Commissioners. G. Revocation of Building Permit A building permit issued by Iredell Count y pursuant to G.S. 15A-357 may NOT be revoked because of the running of time on a piece of property for which a site specific development plan has been approved and the vested right period has NOT otherwise expired. H. Amendments to the Zoning Ordinance The establishment of a vested right on a piece of property for a site specific development plan shall NOT preclude the County from establishing and putting into place one or more overlay districts which may impose additional restrictions on said property, provided such restrictions do NOT affect the allowable type or intensity or use. Otherwise such regulations shall become effective with respect to the subject property upon the expiration or termination of the vested right. The County may also enforce on the property any additional regulations (adopted during the time the vested right was in effect) which are general in nature and applicable to all property subject to the regulations of this Ordinance. Section 9.2.3 Board Decisions The following details the different types of board decisions that are required to be obtained by this ordinance. They are broken into two categories, legislative and quasi-judicial. A. Legislative Decisions These types of decisions set general policies. Decisions to adopt, amend, or repeal an ordinance (including the zoning map) fall into this category. There are detailed statutory procedural requirements for legislative decisions, however the decision itself is often discretionary. A public hearing is required to make a legislative decision, with the intent being to gain public opinion on the decision being made. The only site plan that may require a legislative decision is a Conditional Zoning request or Expansion of a Non-Conforming Use, which is detailed below. 1. Conditional Zoning: All Conditional Zoning applications may include a conceptual site plan, drawn to scale, and supporting text that, if approved, will become part of the amendment. The site plan must include any supporting information and text that specifies the actual use or uses intended for the property and any rules, regulations, and conditions that in addition to all predetermined ordinance requirements, will govern the development and use of the property. In addition, if only rezoning a portion of a par cel, a plat must be provided, drawn to scale, showing the bearings and distances of the portion requested. The site plan, 20 April 20, 2021 including the information detailed below shall constitute part of the petition for rezoning to a conditional zoning district. 2. Expansion of a Non-Conforming Use: The applicant must submit a site plan, drawn to scale, that will provide an adequate amount of information to make a determination on the viability of the expansion request. It is recommended that the applicant provide a site plan that includes the items listed in 9.2.1, therefore if the request is approved it can then move forward to permitting. B. Quasi-Judicial Decisions These decisions include the application of specific policies to individual situations rather than the adoption of new policies and are generally heard by the Board of Adjustment. These decisions contain two key elements, the finding of facts regarding a specific proposal and the exercise of judgment or discretion in applying the policies of this ordinance. 1. Expansion or Change-in-Kind of a Non-Conforming Use: The applicant must submit a site plan, drawn to scale, that will provide an adequate amount of information to make a determination on the viability of the expansion request. It is recommended that the applicant provide a site plan that includes the items listed in 9.2.1, therefore if the request is approved it can then move forward to permitting. Planning Board Action The Zoning Administrator shall present any properly completed application for amendment to the Planning Board at its next regularly scheduled meeting. The Planning Board shall hold a public meeting on the proposed amendment. Notice of the public meeting shall be given in accordance with the Board's rules. All text amendments to this Ordinance will require at least two Planning Board meetings. At the first meeting the amendments will be presented for information only. At the second meeting the amendment will be brought back for a recommendation. All zoning map amendments will first be presented and up for recommendation from the Planning Board at the same meeting. The Planning Board shall either recommend in favor of an amendment or in opposition to an amendment by simple majority vote of those present and voting. When recommending an amendment to the zoning ordinance, the Planning Board must adopt a brief statement of reasonability describing whether the action is consistent or inconsistent with approved plans. If the request is for a Conditional Zoning District, the Board may also propose conditions to their recommendation. A tie vote on a proposal shall be considered to be in opposition to such amendment. If the Planning Board fails to act on any proposed amendment within thirty one (31) days, or two regular meetings, after it is presented to the Board such failure to act (which includes tabling the item) shall be considered to be a favorable recommendation for the purposes of this procedure. Section 11.5.2 Public Hearings A. Zoning amendment applications which are initially signed by less than eighty percent (80%) of the owners of all the property involved in the petition shall be placed on the Board of 21 April 20, 2021 Commissioner's next available agenda for the consideration of setting a public hearing on the matter at a future meeting. B. Zoning amendment applications which are initially signed by eighty percent (80%) or more of the owners of all the property involved in the petition shall be placed on the Board of Commissioners agenda for a public hearing on the matter. C. No zoning amendment shall be adopted until after a public hearing shall have been held on the matter. Notice of public hearing shall be given as required by NCGS 153A, Article 18, Part 3 (Zoning). The Board of Commissioners shall take such lawful action on such amendment applications as it may deem advisable. Failure of the Board of Commissioners to set a public hearing on an amendment application shall constitute denial of that application. D. When recommending an amendment to the zoning ordinance, the Board of Commissioners must adopt a statement of reasonability describing whether the action is consistent or inconsistent with approved plans. Conditional Zoning Districts A. Intent The conditional zoning districts included herein allow for the consideration of certain uses that, because of their nature or scale, have particular impacts on both the immediate area and the community as a whole and are created or established for selected criteria as indicated in the applicability section below. The development of these uses cannot be predetermined and controlled by general conventional district regulations. In addition, circumstances arise when a general conventional zoning district designation would NOT be appropriate for a certain property, but specific uses permitted under the district would be consistent with the objectives of this section. To accommodate those situations, this section establishes the conditional zoning district process. G. Effect of Approval If a petition for conditional zoning district is approved the development and use of the property shall be governed by: 1. The standards and regulations applicable to the district’s zoning classification; 2. The approved site plan for the district; 3. Any additional approved rules, regulations, and conditions, all of which shall constitute the zoning regulations for the approved district; and 4. All general and additional rules, regulations and conditions adopted as p art of the conditional zoning district shall be an amendment to these regulations and the Zoning Map. 5. The County must obtain the applicant’s/landowner’s written consent and/or signature to conditions related to a conditional zoning approval to ensure enforceability. I. Determination – Major Change Requiring an Amendment 22 April 20, 2021 Before making a determination as to whether a proposed action is an amendment based upon a major change, the Planning Director shall review the record of the proceedings on the original application for the approval of the conditional zoning district. 1. A change in a specific or general use category shall constitute a new application. 2. The Planning Director shall use the following criteria in determining whether a proposed change is an amendment constituting a major change to the approved conditional zoning district: a. An increase in intensity of use which means an increase in: i. Usable floor area by ten percent (10%) or more; or ii. Number of dwelling or lodging units ten percent (10%) or more; or iii. Outside land area devoted to sales, displays, or demonstrations. b. Any change in use resulting in a more intensive use; c. Any change in parking areas resulting in an increase or reduction of ten percent (10%) or more in the number of spaces approved by the Board of Commissioners; d. Structural alterations significantly affecting the basic size, as shown on the approved plan; e. A ten percent (10%) or more decrease in the amount or location of open space, recreation facilities, or landscape screening; and f. Substantial changes in pedestrian or vehicular access or circulation. 3. If the Planning Director determines that the proposed action requires an amendment, he shall require the applicant to file a request for approval of the amendment, which shall be submitted to the Planning Board and Board of Commissioners under the process described in this article. J. Minor Changes and Modifications The Planning Director shall have the delegated authority to approve minor changes in the conditional zoning district provided they are in harmony with the action of the Board of Commissioners. A minor change shall mean: 1. Any change in location or any increase in the size or number of signs; 2. Any change in use resulting in a less intensive use; 3. Increases the intensity of nonresidential development by less than ten percent (10%) or 1,000 square feet, whichever is less; 4. Any change(s) that increases the density of residential development by less than ten percent (10%); 5. Any time an applicant agrees to impose standards that are more stringe nt than those previously approved by the Board of Commissioners; or 6. All other changes or modifications to the conditional zoning district shall be treated the same as amendments to these regulations or the zoning map. Section 12.1.1 General Rules The Zoning Board of Adjustment shall be governed by the terms of Chapter 153A, Article 18, Part 3 160D-302 of the North Carolina General Statutes and by the Iredell County Zoning Ordinance. All members of the Board shall thoroughly familiarize themselves with these laws. 23 April 20, 2021 Section 12.1.4 Rules of Conduct for Members A. Members of the Board may be removed for cause, including violation of the rules stated below. B. Faithful attendance at all meetings of the Board and conscientious performance of the duties required of members. This is a pre-requisite to continue membership of the Board. C. No Board member shall take part in the hearing or determination in which he/she has a financial interest, fixed opinion, undisclosed outside contact, close family tie, or close business tie or other associational relationship with an affected person, or a financial interest in the outcome of the matter. Section 12.1.8 Decisions A. Evidence Quality evidence must be in the hearing to support the Board’s final decision from an appeal, or application for variance or special use permit. 1. Substantial, competent, and material facts / evidence is needed to support the Board’s findings. 2. Hearsay – Hearsay is admissible, however, hearsay evidence cannot be the sole basis for a crucial findings of fact. Crucial findings of fact include those that are contested. 3. Opinion Testimony by Expert – The Board is interested in fact NOT opinion, however, opinions offered by experts are an exception to this rule. B. Time Decisions by the Board shall be made NOT more than thirty-six (36) days from the time of hearing the case. The Board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the Board is not then present, the hearing shall be continued until the next regular Board meeting without further advertisement. Section 12.1.9 Stay of Proceedings An appeal stays all proceedings and accrual of any fines assessed in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Board of Adjustment that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall NOT be stayed except by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, of notice from whom the appeal is taken and on due cause shown. Section 12.3.3 Variances The Board may authorize variances from the terms of the Ordinance as will NOT be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety secured, and substantial justice done. In granting a variance, the Board may attach thereto such conditions regarding the location, 24 April 20, 2021 character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purpose of this ordinance. If a variance for the construction, alteration or use of property is granted, such construction, alteration or use shall be in accordance with the approved site plan. The Board of Adjustment shall refuse to hear an appeal or an application for a variance previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application. A. Zoning and Subdivision Requirements These requirements shall apply to all regulations in the following areas: ▪ Zoning ▪ Subdivision ▪ Watershed ▪ Airport The Board of Adjustment shall make the findings required below, taking into account the nature of the proposed request, the existing use of land in the vicinity and the probable effect of the proposed request upon traffic conditions in the vicinity, if applicable. No variance shall be granted unless the Board of Adjustment finds all of the following in the affirmative: 1. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this Ordinance would cause an unnecessary hardship ; Unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property; 2. That the circumstances giving rise to the need for the variance are peculiar to the parcel and are not generally characteristic of other parcels in the jurisdiction of this Ordinance ; The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or general public may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability; 3. That the hardship suffered is NOT a result of the applicant’s or property owner’s own actions ; The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-creating hardship; and 4. That the granting of the variance will be consistent with the spirit, purpose, and intent of the Ordinance, such that the public safety is secured and substantial justice is achieved . The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured, and substantial justice is achieved. No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. 25 April 20, 2021 Section 12.3.4 Special Use Permits The Board shall hear special use permit request to determine whether appropriate conditions and safeguards, as authorized in Chapter 2, are met . In granting a Special Use Permit the Board shall make the following affirmative findings: A. That the Special Use will NOT materially endanger the public health or safety, if located where proposed and developed according to the plan as proposed; B. That the Special Use meets all required conditions and specifications; C. That the Special Use will NOT substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and D. The Special Use will be in harmony with the area in which it is to be located and will be in general conformity with the plan of development of the county A. In granting a Special Use Permit the Board shall make the following affirmative findings: 1. That the Special Use will NOT materially endanger the public health or safety, if located where proposed and developed according to the plan as proposed; 2. That the Special Use meets all required conditions and specifications; 3. That the Special Use will NOT substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. The Special Use will be in harmony with the area in which it is to be located and will be in genera l conformity with the plan of development of the county B. In granting a Special Use Permit, the Board may impose such additional restrictions and requirements upon such Permit as it may deem necessary in order that the purpose and intent of this Ordinance a re served, public welfare secured and substantial justice done. If all requirements and conditions are accepted by the applicant, the Board shall authorize the issuance of the Special Use Permit, otherwise the Permit shall be denied. Any Special Use Permit so authorized shall be perpetually binding upon the property included in such Permit unless subsequently changed or amended by the Board, as provided for in this Chapter. C. The Board may change or amend any Special Use Permit, after a public hearing and subject to the same consideration as provided for in this Chapter for the original issuance of Special Use Permit. No proposal to amend or change any Special Use Permit shall be considered within twelve (12) months of the date of the original authorization of such Permit or within twelve (12) months of hearing of any previous proposal to amend or change any such Permit. D. Minor Changes & Modifications The Planning Director shall have the delegated authority to approve minor changes on the site plan for Special Use Permits provided they are in harmony with the action of the Board of Adjustment. A minor change shall mean: 1. Movement of structures, parking areas, or other activity areas provided they are not closer to an existing residence or one under construction; 26 April 20, 2021 2. Changes in landscaping types provided they have not been worked out by neighbors or conditions of approval and they meet the requirements in Chapter 5; 3. Changes in location of the driveway connection provided it is not closer to an existing residence or one under construction and it meets the requirements in Chapter 10. If NCDOT requires the change, then this section may not apply. Section 13.2 Powers and Duties of the Planning Board The Planning Board is responsible for the following: A. Make studies and recommend to the Board of Commissioners plans, goals and objectives relating to the growth, development and redevelopment of the County; B. Develop and recommend to the Board of Commissioners policies, Ordinances, administra tive procedures and other means for carrying out plans in a coordinated and efficient manner; C. Make recommendations to the Board of Commissioners concerning proposed Zoning Map and Land Development Code text changes (per 160D-604); enlargement of non-conforming uses; vested rights requests; and, D. Perform any other duties assigned by the Board of Commissioners. Section 13.4.2 Conflict of Interest A. Participation Prohibited No member of the Board shall seek to influence a decision, participate in any action, or cast a vote involving any matter that is before the Board which may result in a conflict of interest as provided by State law. A conflict of interest is deemed where the outcome of a matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. Furthermore, a member shall not vote on any zoning amendment the landowner of the property subject to a r ezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship (GS 160D-109). Definitions Bona Fide Farm. Bona Fide Farm. The production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products and as provided for in G.S. 153A-340(b)(2). 160D-903. Dwelling, Single-Family Detached (Conventional or Modular). A detached building constructed on-site or in industrialized modules in compliance with the North Carolina State Building Code and designed for or occupied exclusively by one family and which is completely surrounded by permanent open space. Dwelling, Two Family. A detached residential building arranged or designed to be occupied by two (2) families living independent of each other. (See Section 3.1 R 7) Dwelling, Multi-Family. A detached building constructed on-site in compliance with the North Carolina State Building Code and designed for three (3) or more dwelling units. (See Chapter 3, R 7) 27 April 20, 2021 Dwelling Unit. A room or combination of rooms providing complete independent living facilities including permanent provisions for living, eating, sleeping, cooking, and sanitation. The term “dwelling” shall not be deemed to include a motel, hotel, bed & breakfast, tra vel trailer, or other structure designed for transient travel. APPENDIX G FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES. SECTION A. STATUTORY AUTHORIZATION. The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3 and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153A Article 6 of Chapter 153A; Article 8 of Chapter 160A; and Article 7, 9, and 11 o f Chapter 160D of the North Carolina General Statutes, delegated to local governmental units the responsibility authority to adopt regulations designed to promote the public health, safety, and general welfare. ARTICLE 2. DEFINITIONS. “Map Repository” means the location of the official flood hazard data to be applied for floodplain management. It is a central location in which flood data is stored and managed; in North Carolina, FEMA has recognized that the application of digital flood hazard data produc ts have the same authority as hard copy products. Therefore, the NCEM’s Floodplain Mapping Program websites house current and historical flood hazard data. For effective flood hazard data the NC FRIS website (http://FRIS.NC.GOV/FRIS) is the map repository, and for historical flood hazard data the FloodNC website (http://FLOODNC.GOV/NCFLOOD) is the map repository. ARTICLE 3. GENERAL PROVISIONS. SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS. The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) dated November 16, 2018 for Iredell County and associated DFIRM panels, including any digital data developed as part of the FIS, which are adopted by reference and declared a part of this ordinance., and all revisions there to. Future revisions to the FIS and DFIRM panels that do not change flood hazard data within the jurisdictional authority of Iredell County are also adopted by reference and declared a part of this ordinance. Subsequent Letter of Map Revisions (LOMRs) and/or Physical Map Revisions (PMRs) shall be adopted within 3 months. ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION. SECTION A. GENERAL STANDARDS. (16) Buildings and structures that are located in more than one flood hazard area shall comply with the provisions associated with the most restrictive flood hazard area. (16) (17) Fill is prohibited in the SFHA including construction of buildings on fill. This includes not approving Conditional Letters or Letters of Map Revision – Based on Fill (CLOMR-F or LOMR-F) for new development. Road and utility infrastructure projects are exempt from this provision. SECTION B. SPECIFIC STANDARDS. 28 April 20, 2021 (10) Other Development. (a) Fences in regulated floodways and NEAs that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Article 5, Section F of this ordinance. (b) Retaining walls, sidewalks and driveways in regulated floodways and NEAs. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Article 5, Section F of this ordinance. (c) Roads and watercourse crossings in regulated floodways and NEAs. Roads and watercourse crossings, including roads, bridges, culverts, low -water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Article 5, Section F of this ordinance. (d) Commercial storage facilities are not considered “limited storage” as noted in this ordinance, and shall be protected to the Regulatory Flood Protection Elevation as required for commercial structures. ADMINISTRATIVE MATTERS County Manager Beth Jones summarized the following Administrative Matters during the Pre-Agenda meeting held at 5pm: • Request from Emergency Communications for approval of the Alexander County 911 Backup Memorandum of Understanding. • Request from Animal Services for approval of budget amendment #43 and to accept a Petco Grant in the amount of $15,000. • Request from the Health Department for approval of budget amendment #42 for Epidemiology and Laboratory Capacity Enhancing Detection Activities Grant in the amount of $1,456,100. • Request from the Health Department for approval of the Fee Policy and Proposed Fees for 2021-22. • Request from Planning & Development to consider calling for a public hearing on May 4, 2021 at 7:00 p.m. in regard to a request by Michael Nelin to release zoning and subdivision jurisdiction to the Town of Mooresville. • Request from Planning & Development for approval of an Interlocal Agreement and continued partnership with the Lake Norman Regional Transportation Commission. • Request from the Finance Department to adopt the FY2021-2022 funding plan for the Juvenile Crime Prevention Council. • Request from Iredell County Economic Development Corporation to extend the Economic Development Agreement for Pactiv, LLC to December 31, 2021. • Request from Administration for adoption of a Resolution Regarding the Waiver of Penalties on Business Personal Property Listings. 29 April 20, 2021 • Request from Tax Administration for approval of March 2021 Refunds and Releases. • Request from Clerk to the Board for approval of minutes from the meeting on April 6, 2021. MOTION by Commissioner Houpe to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARDS & COMMISSIONS (None) UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD John Campbell, 123 Foxcreek Road, moved to the Fox Creek Subdivision a year ago. He and wife decided on the subdivision because of the restrictions but no HOA. Campbell explained in the fall 2020, a neighbor placed an RV in the roadway in front of her home. There are 30 residents in the neighborhood who are upset about the RV. Campbell expressed appreciation to Commissioner Houpe and Deputy County Manager Susan Robertson for their assistance thus far. Campbell said on the 29th day (out of 30) that the NCDOT said the RV needed to be moved, the RV was moved to the side of the house. The owner installed water and electricity to the RV and is pumping sewage into the ground. At that point, Campbell contacted Environmental Health. The owner was given a summons and appeared in court on March 16, 2021 and the matter was continued until April 20, 2021. Campbell said the community is extremely concerned over the public health issues. The placement of the RV is against the neighborhood’s restrictions. Campbell said the neighbors depend upon the County to proceed and they have but it has not moved fast. Campbell said it would be very costly to file a civil suit against the neighbor. Mr. Campbell provided the following list of events: Chronological list of Events 102 Nottingham Circle Property Owner Violations • August, 2020 • Property owner installs water line and electrical near the roadway in front of her home • September, 2020 • Property owner moves large RV to her property parked in the County roadway – creating a County DOT Violation • October, 2020 • Full-Time occupants prepare to move into the RV • November, 2020 • Several residents contact County officials regarding this County violation and subdivision covenants and restrictions violations. Red sewer connection visible coming from RV and discharging into the grown. Pictures taken • December, 2020 30 April 20, 2021 • County Zoning officials’ requests that the residents take pictures and/or videos to provide Zoning proof that inhabitants of RV were living in the RV full time. Worked with Landon Clontz from Zoning. Two small children picked up daily by Cool Springs school bus in front of camper • January and February, 2020 • Various residents continue to complain to various County Department Directors: Brady Freeman (Environmental Health) and Matthew Todd (Zoning/Planning), and County Commissioner Gene Houpe and Sue Robertson, Administration ▪ Also, repeated calls from various residents to Rich Hoffman and Landon Clontz. Mr. Clontz takes pictures and makes several trips to the property. Zoning issues $100.00 per day beginning in February through present ▪ County DOT surveys the violation of RV on the roadway and informs owner if the RV is not moved within 30 days, the RV will be moved by the DOT. Just prior to 30-day period, the owner moves the RV to the side of her property. Continues to release human waste and gray water into the ground now closer to the property owner at 200 Nottingham Circle • March, 2020 • Sheriffs Deputies make several attempts to deliver the Criminal Summons to the property owner who refuses to answer her door. • Property owner appears in court on March 16 th. • Judge declares a continuance since the property owner is not represented by legal counsel, and reschedules new hearing for April 20th • April, 2020 • Property owner appears at second hearing again without legal representation, and the Judge declares an additional continuance to instruct property owner to once again gain legal representation. New trail in May • Three residents (Campbell, Pendley- for Bill Day, and Ulmer) speak to the April 20 th Board of Commissioners Meeting and present during the Public Comment session • Chairman Mallory stated that the Commissioners would take the residents comments under advisement and get back to the residents that registered their complaints, and Sue Robertson would communicate with Mr. Campbell. Jackie Pendley, Foxcreek resident, read a letter from neighbors Bill and Danielle Day. Day addressed their concerns about the waste from the RV. The RV has been fully occupied since last year. Day’s letter indicated that the zoning department said it was difficult to prove the camper is occupied fulltime, however the residents have provided pictures and videos of the occupants at all hours of night and early mornings. A school bus picks up children from the RV. Day believes there is a disconnect between county departments. The health department and zoning department do not seem to be communicating regarding this issue. Chairman Mallory explained Robertson can coordinate the Departments’ responses and follow up with Campbell. Robertson said the Clerk to the Board left Campbell a voicemail explaining the case had been continued. The owner has secured an attorney and is contesting the charges. The case is continued until May 10. Robertson explained the County cannot enforce the deed covenants. Commissioner Houpe asked if the County is doing all that is available. Jones said yes. Commissioner Brown said the County has a clause about living in campers on private property. 31 April 20, 2021 Jones said the issue is in the court system now. Ernie Ulmer, 117 Nottingham Circle, shared frustration about people living in the camper. There are people there all the time, but the zoning department struggles with the definition of living. The matter has been on-going for six months. NEW BUSINESS COUNTY MANANGERS REPORT County Manager Beth Jones provided an update on the following: • Pfiser Vaccination Clinic – April 26 • First and Second Doses are now administered at the Health Department • As a result of some of the restrictions, there are some modified services delivery. The Parks and Recreation Department is no longer requiring reservations for the Fitness Center. Capacity remains at 40. Cleaning will take place from 11-11:30am and 3:30- 4pm on Monday-Friday and 11:30-noon on Saturday. All branches of the Library will now be open on Saturdays 9am – 6pm. The lower level of the Statesville branch will reopen for browsing. Capacity is 50% and returned items will remain quarantined for 72 hours. CLOSED SESSION Chairman Mallory said the Board held Closed Session after the pre-agenda meeting. MOTION by Vice Chair Neader to call for a public hearing on May 4, 2021 at 7pm regarding an economic development incentive up to $1,762,216 over a seven-year period for Project Mountain based on a $70 million investment in Iredell County. VOTING: Ayes – 5; Nays – 0 MOTION by Commissioner Brown to call for a public hearing on May 4, 2021 at 7pm regarding an economic development incentive up to $215,983 over a five-year period for Project Fusion based on a $12,670,000 investment in Iredell County. VOTING: Ayes – 5; Nays – 0 ADJOURNMENT MOTION by Commissioner Brown to adjourn at 8:02pm. The Board will meet for a regular meeting Tuesday, May 4, 2021 at 5pm in the Commissioners’ Meeting Room, Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes – 5; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk