Section 902. Off-Street Loading and Unloading Space.

Every building or structure used for business, trade or industry hereafter erected, shall provide space as indicated herein for the loading and unloading of vehicles off the

street or public alley. Such space shall have access to an alley or, if there is no alley, to a street. For the purpose of this section an off-street loading space shall have minimum dimensions of twelve (12) feet by forty (40) feet and an overhead clearance of fourteen (14) feet in height above the alley or street grade.

902.1 Wholesale and Industry: One (1) space for each 10,000 square feet of floor space.

Section 903 Storage

Where storage is permitted, businesses within the Commercial District 1 (General Business) and Commercial District 2 (Neighborhood Business) may store materials, supplies, and repair parts (both new and used), however, such storage shall be accomplished in such a manner as to screen the stored items from the public view.

Section 903.1 Junk

 Disassembled, abandoned or junked vehicles and equipment may not be openly stored on a lot. However, those items may be stored if screened from public view.

ARTICLE X

EXCEPTIONS AND MODIFICATIONS

Section 1000. Lot of Record.

Where the owner of a lot of official record in any district at the time of the adoption of this Ordinance or amendment thereto or his successor in title thereto does not own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this Ordinance, such lot may be used as a building site provided that said lot requirements are not reduced greater than the minimum specified in this Ordinance by more than twenty (20) percent. If, however, the owner of two or more adjoining lots, with insufficient land dimensions, decides to build on or sell off these lots, he must first combine said lots to comply with the dimensional requirements of the Ordinance. Any lot requiring dimensional waivers below the twenty percent (20%) minimum set forth in this section shall be approved as a variance by the Zoning Board of Adjustment provided that further decreased dimensional requirements shall conform as closely as possible to the required dimensions.

Section 1001. Front Yard Setbacks for Dwellings.

The front yard setback requirements of this Ordinance for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within one hundred (100) feet on either side of the proposed dwelling, and on the same side of the same block and use district, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such case the setback on such lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, or a distance of ten (10) feet from the street right-of-way line, whichever is greater.

Section 1002. Height Limitations.

The height limitations of this Ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, television towers, masts, aerials and similar structures, except as otherwise provided in the vicinity of airports.

Section 1003. Visibility at Intersections.

On a corner lot in any residential district, no planting, structure, sign, fence, wall or obstruction to vision more than three (3) feet in height measured from the center line of the street shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line connecting points on said street right-of-way lines each of which is thirty-five (35) feet distant from the point of

intersection.

Section 1004. Projections Into Required Open Space.

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for:

1004.1 The ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than twenty-four (24) inches.

1004.2 Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a minimum yard or court not more than fifty (50) percent of the required side yard and the ordinary projections of chimneys and flues may be permitted by the Building Inspector where same are so placed as not to obstruct the light and ventilation.

Section 1005. Planned Unit Developments.

1005.1 Purpose. The purpose of this section is to afford substantial advantages for greater flexibility and improved marketability through the benefits of efficiency which permit flexibility in building siting, mixtures of housing types and land use. Residential densities are calculated on a project basis, thus allowing the clustering of buildings in order to create useful open spaces and preserve natural site features.

1005.2 Planned Unit Development Defined. Where more than one principal building or use is proposed to be constructed on a single lot, or any building with a gross floor area of 5,000 square feet or more, or any multi-family residential complex of five (5) or more units, shall be deemed a planned unit development (PUD). Residential units within a planned unit development may include single family detached or attached units, townhouse developments, garden apartments, patio homes, and other type residential units including mobile homes and mobile home parks, travel trailers/ RV parks and campgrounds.

1005.3 Land Development Standards. The following land development standards shall apply for all planned unit developments. Planned unit developments may be located in the all districts as special exception, subject to a finding by the Board of Adjustment that certain conditions be met:

(1) Ownership Control. The land in a planned unit development shall be under single ownership or management by the applicant before final approval and/or construction, or property assurances (legal title or execution of a binding sales agreement) shall be provided that the development can be successfully completed by the applicant.

(2) Density Requirements. There are no density requirements for non-residential uses as long as the proposed project does not violate the intent of the district in which it is located. The proposed residential density of the planned unit development (land area per dwelling unit as shown in Article VII) shall conform to that permitted in the district in which the development is located. If the planned unit development lies in more than one district, the number of allowable dwelling units must be separately calculated for each portion of the planned (unit) development that is in a separate district, and must then be combined to determine the number of dwelling units allowable in the entire planned unit development.

(3) Frontage Requirements. Planned unit developments shall have access to a highway or road suitable for the scale and density of development being proposed.

(4) Land Uses. A mixture of land uses may be allowed in any planned unit development. However, within residential districts, non-residential uses shall be primarily for the use of the PUD residents and shall not constitute the primary use in the planned unit development, and non-residential uses shall be carefully designed to compliment the residential uses within the planned unit development. All planned unit developments must be compatible with and not violate the intent of the zoning district.

(5) Minimum Requirements.

(a) The normal minimum lot size, setbacks and frontage requirements are hereby waived for the planned unit development, provided that the spirit and intent of this section are complied with in the total development plan, as determined by the Board of Adjustment. The Board of Adjustment shall exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section.

(b) Height limitations: No building or structure shall exceed the height limitations of the district in which it is located.

(c) Required distance between buildings: The minimum distance between buildings shall be twenty (20) feet or as otherwise specified by the Board of Adjustment to ensure adequate air, light, privacy, and space for emergency vehicles.

(d) Every dwelling unit shall have access to a public or private street, walkway or other area dedicated to common use, and there shall be provision for adequate vehicular circulation to all development properties, in order to ensure acceptable levels of access for emergency vehicles.

(6) Privacy. Each development shall provide reasonable visual and acoustical privacy for all dwelling units. Fences, insulation, walks, barriers and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise. Multi-level buildings shall be located within a planned unit development in such a way as to dissipate any adverse impact on adjoining low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings.

(7) Perimeter Requirements.

(a) Structures located on the perimeter of the development must be set back from property lines and rights-of-way of abutting streets in accordance with the provisions of the zoning ordinance controlling the district within which the property is situated.

(b) Structures other than single-family detached units, located on the perimeter of the development may require screening in a manner which is approved by the Board of Adjustment.

(8) Plans and accompanying documentation to ensure that the water and sewer systems proposed for the planned unit development have been approved by the appropriate local and State agencies and submitted as part of the application.

(9) At least one week prior to the date when the Board of Adjustment is scheduled to consider the development, the developer shall submit a copy of the development plan to the Code Enforcement Officer. The development plan shall contain, where applicable, the following information:

(a) Existing site conditions, including contours, water courses, identified flood hazard areas, any unique natural or man-made features.

(b) Boundary lines of the proposed development, proposed lot lines and plot designs.

(c) Proposed location and use of all existing and proposed structures.

(d) Location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites and similar public and semi-public uses.

(e) The existing and proposed street system, including location and number of off-street parking spaces, service areas, loading areas, and major points of access to public right-of-way. When more than one use is located in the planned unit development, the minimum required parking shall be the sum of the required parking for each use within the development. Notations of proposed ownership of the street system (public or private). Documentation from the Maggie Valley Volunteer Fire Department of the adequacy of the development's facilities for emergency medical and fire services.

(f) Documentation of an approved Sedimentation and Erosion Control Plan shall be submitted where required.

(g) Location and/or notation of existing and proposed easements and rights-of-way.

(h) The proposed treatment of the perimeter of the development, including materials and/or techniques such as screens, fences and walls.

(i) Information on adjacent land areas, including land use, zoning classifications, public facilities, and any unique natural features.

(j) Where applicable, the following written documentation shall be submitted:

1) A legal description of the total site proposed for development, including a statement of present and proposed ownership.

2) A development schedule indicating approximate beginning and completion dates of the development, including any proposed stages.

3) A statement of the applicant's intentions with regard to the future selling and/or leasing of all or portions of the development.

4) Quantitative data for the following: proposed total number and type of residential dwelling units; parcel size; gross residential densities; and total amount of open space.

5) Plan for maintenance of common areas, recreation areas, open spaces, streets and utilities.

6) Any additional information required by the Board of Adjustment in order to evaluate the impact of the proposed development. The Code Enforcement Officer or the Board of Adjustment may waive a particular requirement if in its opinion the inclusion is not essential to a proper decision of the project.

(10) Any pedestrian and bicycle path circulation system and its related walkways shall be designed to minimize conflicts between vehicle and pedestrian traffic.

(11) Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise or other potentially adverse influences shall be such as to protect the residential character within the PUD district and desirable character in any adjoining district.

(12) Conveyance and maintenance of open space, recreational areas and communally owned facilities shall be in accordance with the Unit Ownership Act (Chapter 47-A of the North Carolina General Statutes) and/or any other appropriate mechanisms acceptable to the Board of Adjustment.

Section 1006. Floodway Fringe Areas.

Areas lying outside the Floodway district, but within the area covered by the Regional Flood, shall be subject to the regulations contained in the Maggie Valley flood Damage

Prevention Ordinance (Ordinance #26).

Section 1007 Surface Water Run Off

All Commercial lots are subject to the surface water run off requirements. All other lots may be required by special permit where deemed necessary by the Code Enforcement Officer.

Any property owner, individual, business, or corporation grading lands or making improvements within the Town limits of Maggie Valley, North Carolina, will be required to submit information prepared by a registered engineer (P.E.) or a registered land surveyor (RLS) sufficient for the Town to adequately review the existing and proposed drainage for the project.

This information must include a plat of the property showing a metes and bounds survey, existing and proposed sub-surface drainage facilities, estimated increased surface drainage following project completion and plans for transfer and disposal of the additional drainage resulting from the development. No building permit will be issued until this information has been submitted, analyzed and the Town is confident that the drainage will not result in damage to adjacent properties or violate NC General Statutes that prohibit illegal transfer of water from one drainage area onto another.

The purpose of this ordinance is to protect the property owners within the Town limits from unplanned construction, inexperienced developers, and other that are not aware of the shallow water table throughout the Town and the increasing difficulties in protecting property rights and our existing drainage facilities.

Developers and property owners shall control surface water run off to prevent water from flowing across sidewalks or into traffic thoroughfares.

This ordinance does not relieve the applicant of his responsibility to obtain additional permits as required under the Sedimentation Pollution Control Act of 1973 N.C. General Statute 113A, Article 4.

Section 1008. Recreational Vehicles.

Recreational vehicles may be stored or used on business or residential lots provided that: (1) no more than two recreational vehicles are stored or used on any one lot other than at a campground; (2) recreational vehicles may be used on a temporary basis but not to exceed one month unless in a RV park; (3) recreational vehicles shall not be used as a single family residence.

Section 1009. Street Right-of-Way.

Street and highway rights-of-way shall not be determined as a part of a lot or any required yard or open space.

Section 1010. Side Yard Setback for Dwellings.

Where a side yard abuts a street, the setback requirements for said side yard shall be the same as the front yard setback requirements for abutting property on the side streets.

ARTICLE XI

LANDSCAPING REQUIREMENTS

Section 1100. Intent and Purposes.

The Town of Maggie Valley finds that Maggie Valley is blessed with a diverse and abundant cover of trees and vegetation, which is of general aesthetic value to the Town; that the ecological diversity and richness of the town make it a desirable place for residents, owners and visitors alike; that the appearance of Maggie Valley from the public ways contributes to the growth and economic prosperity of the town; and that the growth and development attracted to the Town of Maggie Valley because of its natural beauty often require the removal of trees and other plant material, thereby contributing to the depletion of a valuable natural resource. The Town of Maggie Valley is designated as a bird sanctuary. Therefore, it is necessary to protect, preserve and restore this valuable asset. The town council declares the purposes and intent of this article to be as follows:

(1) to promote ecological balance by contributing to air purification, oxygen regeneration, ground water recharge, stormwater runoff retardation, and noise, glare and heat abatement;

(2) to encourage the preservation of existing trees and vegetation;

(3) to provide adequate light and air and prevent overcrowding of land;

(4) to provide visual buffering and enhance the beautification of the town;

(5) to safeguard and enhance property values and to protect public and private investment;

(6) to preserve, protect and restore the unique identity and environment of the Town of Maggie Valley and preserve the economic base attracted to the Town of Maggie Valley by such factors;

(7) to conserve energy; and to protect the public health, safety and general welfare;

(8) to provide habitat for living things that might not otherwise be found in urban and suburban environs.

Section 1101. Application.

The requirements of this section shall apply to all area within the Town of Maggie Valley zoning jurisdiction which is not excluded below, and shall specifically apply to all street yards, vehicular parking areas, display areas, and trash dumpster areas situated within such jurisdiction.

The requirements of this section shall not apply to:

(1) lots containing only detached single-family or two-family dwellings;

(2) the sites of repairs, alterations or improvements to the interiors or exteriors of existing buildings which do not expand or enlarge such buildings;

(3) the sites of additions or expansions to existing buildings where the gross building area of the additions or expansions does not exceed 25% of the gross building area of the existing building(s);

(4) the sites of additions or expansions to existing vehicular parking areas, display areas, and trash dumpster areas where the gross area of such additions or expansions does not exceed 25% of the existing areas.

Section 1102. Landscaping Plan Approval.

Whenever an application is filed with the Town of Maggie Valley for a building and/or zoning permit for any use of land to which these landscaping requirements may apply, such application shall be accompanied by a landscape development plan. Such plan shall be in sufficient detail to enable the Code Enforcement Officer to determine whether or not such plan, when fully implemented, will comply with these landscaping requirements; and, in addition to information required by other provisions of this ordinance, shall include at a minimum the following specific information:

(1) the locations, dimensions and descriptions of all areas to be landscaped, including buffers, screens and fences;

(2) the locations, species, spacing and size (height and caliper) of proposed trees that are required;

(3) the locations, species (as appropriate), spacing and sizes of planting materials and fences that are proposed to serve as required screens and buffers;

(4) the locations, dimensions and descriptions of any barriers to be installed at any time to protect trees and plants;

(5) a description of proposed means for watering and soil stabilization for planted areas.

Section 1103. General Requirements and Conditions

(1) Certificate of Occupancy. A Conditional Certificate of Occupancy shall be issued by the Code Enforcement Officer for the temporary use and occupancy of the building, structure or land for a maximum period of 90 days from the date of the issuance of such certificate whenever the landscaping requirements of this ordinance are not complied with on time for the intended use and occupancy of a building structure or land due to weather conditions. Should these landscaping requirements not be complied with in full upon the expiration of such Conditional Certificate of Occupancy, the use of the property for which such certificate was issued shall be discontinued and further use of said property beyond the expiration date of such certificate shall constitute an illegal use and occupancy of such property.

(2) Alternate Methods of Compliance. It is not the intent of this section to prevent the use of a material or method of construction not specifically prescribed by this section, especially whenever a stream, natural rock formation or other physiographic obstacles make conventional compliance extraordinarily difficult or impossible. Alternate materials and methods may, therefore, be utilized to satisfy these requirements, provided that any proposed alternate is suitable for the purpose intended, and is at least the equivalent of that specifically prescribed by this section in quality, effectiveness, durability, hardiness and performance. The Board of Adjustment shall approve any alternate methods of compliance and may require that sufficient evidence and data be submitted to substantiate any claim that may be made in this regard.

Existing trees which meet or exceed the quantity, spacing and size standards herein may be used to satisfy planting requirements, provided each is uniformly encircled by a protected ground area during any construction conducted upon the premises. The protected ground area shall completely encircle the existing tree and shall be extended at least seven feet from the base of the tree trunk in all directions, or at least one foot per each inch of caliper of the tree trunk measured at grade, whichever is greater. Any protected ground area must be clearly marked in the field during construction. No credit will be allowed for any tree proposed to be retained if there is any encroachment of construction, construction activity or construction materials within the protected ground area.

(3) Landscaping shall not obstruct the view of motorists using any street, private drive, parking aisle or other approaches to street intersections so as to constitute a condition endangering the public safety upon any such street, driveway, parking aisle or street intersection.

(4) All required planting and landscaped area shall be maintained at all times in good, stable and healthy condition as not to interfere with traffic on any public or private streets or rights-of-way. Buffer strips shall be maintained as not to encroach on rights-of-way.

(5) These landscaping requirements are intended to be performance oriented and the failure of trees and plantings to achieve adequate growth and development shall constitute noncompliance.

1. All landscape planting areas shall be stabilized from dust and soil erosions

immediately upon planting and shall be maintained for the duration of the premises.

Section 1104. Specific Landscaping Requirements

(1) Street Yards. It is the intent of this section to establish a landscaped planting area, hereinafter called a street yard. This area shall contain plantings of trees and other live vegetation (e.g., lawns, shrubbery, ground covers, etc.). Such landscaping areas should allow for the identification of buildings and land uses.

(a) All land uses to which these landscaping requirements apply shall provide a street yard along and adjacent to any street right-of-way, and on the property being developed.

(b) Each street yard shall have a minimum width of five feet, a maximum width of 25 feet, and an average width of not less than eight feet.

(c) In the case where a lot abuts more than one street, an average street yard width of eight feet shall be maintained along all other street rights-of-way. No street yard shall be required along an alley.

(d) Impervious surfaces, such as driveways, within a street yard shall not exceed 25% of the required street yard, except that not more than two 25 foot drives may be permitted for any lot having a street frontage of less than 200 feet in length.

(e) Shade trees (a minimum of one large shade tree or two small trees (to be considered herein as equivalent to one large tree)) shall be planted not more than 40 feet apart within the street yard. Small trees shall not be planted more than 20 feet apart within the street yard. No such planting shall be installed more than 10 feet from the property line at either end of the street yard. A large shade tree shall mean any tree, evergreen or deciduous, with a mature height of at least 35 feet, and mature crown spread of at least 30 feet; and shall have a caliper of at least two inches and a minimum height of 12 feet at planting. In accordance with AAN (American Association of Nurserymen) standards. Any tree not meeting the above dimensional standards shall be considered a small tree. Each small tree shall have a caliper of at least one inch and a height of at least eight feet at planting. Silver Maple, White Pine and Lombardy Poplar trees shall not be permitted as required trees in complying with these requirements.

(f) Large shade trees shall not be planted under overhead electrical power lines. In this situation, two small trees shall be substituted for each required large shade tree, unless prohibited by the owner of such power lines or right-of-way for such lines.

(g) Adequate wheel stops or curbs shall be installed for the protection of required trees and plantings that are within five feet of a vehicular parking/display area or driveway. Wheel stops or curbs shall be a minimum of six inches in height and shall be anchored to the ground, and may be concrete, rot resistant heavy timbers or other effective materials.

(2) Vehicular Parking Area and Display Areas. The intent of this section is to provide for trees adjacent to and/or within vehicular parking areas and display areas in order to modify and reduce the deleterious, visual, environmental and aesthetic effects of these areas.

(a) All vehicular surfaces and display areas, whether temporary or permanent, to which these landscaping requirements apply shall be provided with a minimum of one large shade tree per each 2,000 square feet, or fraction thereof, of surface area, including drives, etc. Such trees shall be located and arranged that each tree trunk is no more than 50 feet from a designated vehicular parking space and shall be located within planting areas (i.e., islands) having a minimum of 300 square feet of contiguous and landscaped growing area and having a minimum dimension of seven feet; such landscaped area shall be planted or mulched with no bare ground.

(b) Large shade trees shall not be located under overhead power lines. In this situation, two small trees shall be substituted for each required large shade tree unless prohibited by the owner of said lines or right-of-way within which such lines exist.

(c) Adequate wheel stops or curbs shall be provided for the protection of trees that are within five feet of a vehicular parking/display area or driveway. Wheel stops or curbs shall be a minimum of six inches in height, shall be anchored to the ground, and may be concrete, rot resistant heavy timbers or other effective materials.

(d) Existing trees may be used to satisfy the requirements of this section under the conditions set forth in Section 1103.

(3) Trash Container and Dumpster Screen/Buffers. The large metal boxes commonly known as dumpsters are a type of trash container as such term is used herein. Such dumpsters are, however, referred to in this section by specific name for purposes of emphasis and clarity.

(a) It is the intent of this section to provide for visual screens and or buffers between trash container and dumpster locations and all street rights-of-way and adjoining properties.

(b) Trash containers and dumpsters shall not be located in the front yard of any property where practical and shall be screened from view on all sides, except for one opening not greater than 12 feet in width to allow for service access.

(c) Screens and/or buffers intended to satisfy this requirement shall be in accordance with the criteria for screens/buffers as defined in Section 1101of this ordinance.

ARTICLES XII

ADMINISTRATION, ENFORCEMENT AND PENALTIES

Section 1200. Intent.

It is the intent of this Ordinance that all questions arising in connection with the enforcement or the interpretation of this Ordinance shall be first presented to the Code Enforcement Officer and that such questions shall be presented to the Board of Adjustment only on appeal from the Code Enforcement Officer and that from the decisions of the Board of Adjustment, recourse shall be taken to the courts as provided by law. It is further the intent of this Ordinance that the duties of the Board of Aldermen in connection with this Ordinance shall not include hearing and passing on disputed questions which might arise in connection with the enforcement or interpretations of this Ordinance, but the procedures for determining such questions shall be stated in this Ordinance, and the duties of the Board of Aldermen in connection with this Ordinance shall be only the duty of holding a public hearing and voting upon any proposed amendment or repeal of this Ordinance as provided by law.

Section 1201. Zoning Code Enforcement Officer.

The Code Enforcement Officer is hereby authorized, and it shall be his duty to enforce and administer the provisions of this Ordinance.

1201.1 Review of Plans. It shall be the duty of the Code Enforcement Officer to review all plans and specifications of a proposed building or structure and to review all plans for a change in use of any building or structure on any lot to insure conformity with the Ordinance and to issue a certificate of zoning compliance.

No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building permit be issued nor shall any change in use of any building or land be made until a certificate of zoning compliance shall have been issued by the Zoning Code Enforcement Officer. No certificate of zoning compliance shall be issued except in conformity with the provisions of this ordinance. Upon approval of a special exception or variance by the Board of Adjustment, the Code Enforcement Officer shall issue a certificate of zoning compliance. All applications for certificates of zoning compliance shall be accompanied by plans in duplicate and drawn to scale showing the actual dimensions of the lot to be built upon, accurate dimensions and use of the proposed building(s), the location on the lot of building(s) or structure(s) proposed to be erected or altered, and such other information as may be necessary to provide for the enforcement of the provisions of this ordinance. Prior to the issuance of a certificate of zoning compliance, the Code Enforcement Officer may consult with qualified personnel for assistance to determine if the application meets the requirements of this ordinance.

Section 1202. Building Permit Required.

No building or other structure shall be erected, moved, extended or enlarged, or structurally altered, nor shall any excavation or filling of any lot for the construction of any building be commenced until the Building Inspector has issued a building permit for such work. No building permit shall be issued except in conformance with the Ordinance except after written order from the Board of Adjustment. Building permits shall be issued only to those who have obtained a certificate of compliance from the Code Enforcement Officer.

Section 1203. Application for Building Permit.

Each application to the Building Inspector for a building permit shall be accompanied by plot plans in duplicate showing:

Section 1203.1 The actual dimensions of the lot to be built upon.

1203.2 The size of the building to be erected.

1203.3 The location of the building on the lot.

1203.4 The location of existing structures on the lot, if any.

1203.5 The number of dwelling units the building is designed to accommodate.

1203.6 The approximate setback lines of buildings on adjoining lots.

1203.7 Such other information as may be essential for determining whether the provisions of this Ordinance are being observed.

1203.8 The proposed use of land.

1203.9 Site soil stabilization and reseeding plan or landscaping

Within six (6) months of being granted any approval by the Zoning Board of Adjustment, a property owner or developer must obtain a building permit. Any building permit issued shall become invalid unless the work authorized by it shall have been commenced within six (6) months of its date of issue or if the work authorized by it is suspended or abandoned for a period of ninety (90) days. A record of building permits shall be kept on file in the office of the Building Inspector.

Section 1204. Certificate of Occupancy Required

A certificate of occupancy issued by the Code Enforcement Officer is required in advance of the occupancy or use of any building hereafter erected, altered or moved, or the change in use of any building or land. In conjunction with the final building inspection, the Code Enforcement Officer shall certify that all requirements of this ordinance have been met. The applicant shall call for such certification coincident with the final building inspection or within 10 days following completion. A certificate of occupancy, either for the whole or part of a building, shall be applied for coincident with the application for a certificate of zoning compliance and shall be issued within 10 days after the erection or structural alterations or change in use of the building, or part, shall have been completed in conformity with the provisions of this ordinance. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this ordinance. If the certificate of occupancy is denied, the Code Enforcement Officer shall state in writing the reasons for refusal and the applicant shall be notified in writing of the refusal. A record of all certificates shall be kept on file in the office of the Code Enforcement Officer, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved.

Section 1205. Remedies.

In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this Ordinance, the Code Enforcement Officer, or any other appropriate Town authority, or any person who would be damaged by such violation, in addition to other remedies, may institute an action for injunction, or mandamus, or other appropriate action or proceeding to prevent such violation.

Section 1206. Appeal from the Code Enforcement Officer.

All questions arising in conjunction with this ordinance shall be presented first to the Code Enforcement Officer, and such questions shall be presented to the Board of Adjustment only on appeal from a ruling of the Code Enforcement Officer. Any order, requirement, decision or determination made by the Code Enforcement Officer may be appealed to the Board of Adjustment pursuant to the procedures found in this ordinance.

ARTICE XIII

ZONING BOARD OF ADJUSTMENT

Section 1300. Establishment of Zoning Board of Adjustment.

A. Zoning Board of Adjustment is hereby established. Said Board shall consist of five (5) members. Initial appointment of the members shall be as follows: one (1) member for a term of three (3) years, two (2) members for a term of two (2) years, and two (2) members for a term of one (1) year. Subsquent appointments shall be made for three (3) year terms. Any vacancy in the membership shall be filled for the un-expired term in the same manner as the initial appointment. Members shall serve without pay, but may be reimbursed for any expenses incurred while representing the Board.

Section 1301. Selection of Alternate Members.

The Board of Aldermen shall also appoint two alternate members to serve on the board of adjustment in the absence, for any cause, of any regular member. Such alternate members shall be appointed for three year terms. Such alternate members, while attending any regular or special meeting of the board of adjustment and serving in the absence of any regular member, shall have and exercise all the powers and duties of such regular member so absent.

Section 1302. Jurisdiction and Decisions of the Zoning Board of Adjustment.

The concurring vote of four (4) members of the Zoning Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Officer; or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance; or to effect any variation of this Ordinance.

On all appeals, applications and other matters brought before the Zoning Board of Adjustment, said Board shall inform, in writing, all the parties involved of its decisions and the reasons therefor.

Section 1303. Proceedings of the Zoning Board of Adjustment.

The Board of Adjustment shall consist of five (5) members, none of whom shall be a member of the Board of Aldermen of the Town of Maggie Valley, but all of whom shall reside within the corporate limits of Maggie Valley. The Board of Aldermen shall appoint a Chairman to serve a three year term, two members to serve two year terms and two members to serve one year term. All subsequent appointments shall be three (3) year terms. The Board shall appoint a secretary, who may be a municipal officer, an employee of the Town, a member of the Planning Board, or a member of the Board of Adjustment. The Board shall adopt rules and bylaws in accordance with the provisions of this Ordinance and of Article 19, Chapter 160-A of the General Statutes of North Carolina. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the vice-chairman, may administer oaths and request the attendance of witnesses. All meetings of the Board shall be open to the public. Four of the five members shall constitute a quorum.

Section 1304. Appeals, Hearings and Notice.

An appeal from the decision of the Code Enforcement Officer may be taken to the Board of adjustment by any person aggrieved or affected by such decision. Such appeal shall be taken within 10 days by filing with the Code Enforcement Officer, on a form provided, a notice of appeal specifying the grounds thereof. The Code Enforcement Officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board of Adjustment shall, at the next regularly scheduled meeting that follows at least seven (7) days of the filing of the appeal, hear and review said appeal.

Section 1305. Stay of Proceedings.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer certifies to the Zoning Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Code Enforcement Officer, and on due cause shown.

Section 1306. Powers and Duties of the Zoning Board of Adjustment.

The Zoning Board of Adjustment shall have the following powers and duties:

1306.1 Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Code Enforcement Officer in the enforcement of this Ordinance.

1306.2 Special Exceptions. To hear and decide special exceptions to the terms of this Ordinance upon which the Board of Adjustment is required to pass under this Ordinance. To decide such questions as are involved in determining whether a special exception should be granted. To grant special exceptions with such conditions and safeguards as are appropriate under this Ordinance, or to deny special exceptions when not in harmony with the intent of this Ordinance and would adversely affect the public interest. A special exception may be granted by the Board of Adjustment only after making the following findings.

(1) That the Board of Adjustment is empowered under a specific section of this Ordinance to grant the special exception and that the granting of the special exception will not adversely affect the public interest.

(2) Before any special exception shall be issued, the Board shall make written findings certifying compliance with all specific rules governing the individual special exception and that satisfactory provision and arrangement has been made concerning the following wherever applicable:

(a) Ingress and egress to property and proposed structure with particular reference to automotive and pedestrian safety, convenience, traffic flow and control, and access in case of fire or catastrophe.

(b) Refuse and service areas, with particular reference to the items in (a) above.

(c) Off-street parking and loading areas where required with particular attention to the items in (a) above and to the economic, noise, glare or odor effects of the special exception on adjoining properties and generally in the district.

(d) Utilities, with reference to location, availability and compatibility.

1. Screening and buffering, with reference to type, dimensions and character.
2. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

(g) Required yards and other open spaces.

(h) General compatibility with adjacent property and other property in the district.

(3) The Board of Adjustment shall request the Maggie Valley Planning Board to review and make recommendations concerning the special exceptions relative to the following considerations:

(a) Relation of the special exception to applicable elements of the planning program.

 (b) Appearance of the special exception relative to location, structure and design.

1306.3 Variances. To authorize upon appeal in specific cases such 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 practical difficulty or unnecessary hardship; so that the spirit of the Ordinance shall be observed, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use of neighboring land, building or structures in the same district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance. The fact that property may be utilized more profitably will not be considered adequate to justify the Board in granting a variance. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the Board of Adjustment that all of the following conditions exist:

1306.1 There are extraordinary and exceptional conditions pertaining to the particular place or property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.

1. Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located.

1306.3 A literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.

1306.4 The requested variance will be in harmony with the purpose and intent of this Ordinance and will not be injurious to the neighborhood or to the general welfare.

1306.5 The special circumstances are not the result of the actions of the applicant.

1306.6 The variance requested is the minimum variance that will make possible the legal use of the land, building or structure.

1306.7 The variance is not a request to permit a use of land, building or structure which is not permitted by right or by special exception in the district involved.

Section 1307 Appeals from the Zoning Board of Adjustment.

Any person or persons, jointly or severally, aggrieved by any decision of the Board, may, within thirty (30) days after the filing of the decision in the office of the Board, but not thereafter, present to a court of competent jurisdiction a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying that ground of

illegality, whereupon such decision of said Board shall be subject to review by certiorari as provided by law.

Section 1308. Fees for Variances, Appeals and Special Exceptions.

A fee shall be paid to the Town of Maggie Valley, North Carolina, for an application for a variance, exception or appeal to cover the necessary administrative costs and advertising. The fee for a request for a variance, or special exception, or for an appeal to the board of adjustment shall be determined by the Board of Aldermen, payable to the Town of Maggie Valley.

ARTICLE XIV

AMENDMENTS

Section 1400. Amendments.

The Ordinance, including the Zoning Map and the High Water Profiles plat, may be amended from time to time, but no amendment shall become effective unless it shall have been proposed by, or shall have been submitted to, the Town of Maggie Valley Planning Board for review and recommendation. The Planning Board shall have thirty (30) days within which to submit its report. If the Planning Board fails to submit a report within the thirty day period, it shall be deemed to have approved the proposed amendment. A public hearing shall be held by the Board of Aldermen before adoption of any proposed amendment to this Ordinance. A notice of such public hearing shall be given in accordance with N.C. General Statute 160A-364 and 160A-384.

In case of a protest against an amendment, supplement, change, modification or repeal signed by the owners of twenty (20) percent or more of the area of the lots included in such proposed change, or of those immediately adjacent thereto either in the rear thereof or on either side thereof, extending one hundred (100) feet from the street frontage of such opposite lots, such amendment shall not become effective except by favorable vote of three fourths (3/4) of all members of the Board of Aldermen.

Section 1401. Fees for Amendments.

A fee as determined by the Board of Aldermen shall be paid to the Town of Maggie Valley, North Carolina, for each application for an amendment to cover the cost of advertising and other administrative expenses involved.

ARTICLE XV

LEGAL STATUS PROVISIONS

Section 1500. Conflict With Other Regulations.

Whenever the regulations of this Ordinance require a greater width or size of yards, courts, or other open space; or require a lower height of buildings or lesser number of stories; or require a greater percentage of lot to be left unoccupied; or impose other more restrictive standards that are required in or under any other statutes or agreements, the regulations and requirements of this Ordinance shall govern.

Whenever the provisions of any other statute or agreement require more restrictive standards than are required by this Ordinance, the provisions of such statute or agreement shall govern.

Section 1501. Validity.

Should any section or provisions of this Ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be

unconstitutional or invalid.

ARTICLE XVI

PENALTY

Section 1600. Penalty.

Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense by a fine not exceeding fifty dollars ($50.00) or by imprisonment not to exceed thirty (30) days. Each day such violation continues shall be deemed a separate offense.

In addition to the above statement and in accordance with G.S. 160A-175, the Town of Maggie Valley shall have the power to impose penalties for the violation of the provisions of this ordinance as provided in this section. The Town may enforce this ordinance by any one, all, or a combination of the remedies authorized and prescribed by G.S. 160A-175,with the exception of subsection (b). When a violation subjects an offender to a civil penalty, said penalty shall be $50.00 per day. Unless the violation is corrected or appeal is made to the Town of Maggie Valley Board of Adjustment, the civil penalty shall begin ten days after the notice of the violation has been given by means of a certified letter by the Town of Maggie Valley official. Further, this ordinance shall provide that each calendar day's continuing violation shall constitute a separate and distinct offense, and the total penalty thus resulting shall be recorded as a lien against the property.

CHAPTER 2.

SIGNS

THE REGULATION OF OUTDOOR ADVERTISING IDENTIFICATION, BUSINESS AND PRINCIPAL USE SIGNS AND THE PROHIBITION OF OFF-PREMISES SIGNS IN THE TOWN OF MAGGIE VALLEY, NORTH CAROLINA.

ARTICLE I. INTENT. These regulations shall apply to the regulation of all outdoor advertising and to identification, business and principal use signs as defined by this Ordinance.

ARTICLE II. DEFINITIONS.

A. Sign. A name, identification, description, display or illumination which is affixed to, or painted, or represented directly or indirectly upon a building structure or lot and which directs attention to an object, product, place, activity, person, institution, organization or business.

B. Temporary Sign. An informational sign or other advertising devise intended for a limited period of display.

C. Off-Premises Signs. A sign which is designed to advertise or intended to advertise a business, activity, product or function which is not carried on or conducted on the property on which the sign is located.

D. Lot. A tract or parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open space belonging to the same.

E. Principal Use Identification Signs. A sign which advertises a product, business or services or which conveys general information or data relating to the primary use of or primary products produced by the principal user of the lot or premises.

F. Attached Sign. A sign which is itself directly affixed to the principal building on a lot.

G. Free-Standing Sign. A sign supported by a structure placed in the ground and which is wholly independent of any building or object other than the sign structure for support.

H. Sign Structure. A supporting structure erected or intended for the purpose of displaying a sign. This definition does not include a building, fence, or any other structure that is designed for any purpose other than the display of a sign.

I. Pennants and Balloons. Any animated, rotating, fluttering or nonstationary device made of flexible materials designed to attract attention.

J. Roofline. The horizontal line which passes through the highest point of any roof.

K. Unified Business Development. Where more than one principal building or business exists on a single lot or where any building contains a gross floor area of 5,000 square feet or more, such building or business shall be deemed to be a unified business development. Bona fide motels and rental cottages shall not be deemed to be unified business developments unless operated in conjunction with other businesses.

L. Commemorative Sign. Any sign erected in remembrance of a person or event or which is commemorative in nature. Any commemorative sign shall be approved by the Board of Aldermen.

M. Construction Sign. A temporary sign whose message is limited to identification of architects, engineers, contractors, and other individuals or firms involved with construction on a specific site, the name of the building, the intended purpose of the building, and the expected completion date.

N. Governmental Sign. Any sign erected by or on the order of an authorized public official in the performance of his office or duty including, but not limited to, traffic control signs, street name signs, warning and directional signs, public notice, or signs of a similar nature.

O. Incidental Sign. A single face, non-illuminated professional or announcement sign attached wholly to a building, window or door containing information relative to emergencies, store hours, credit cards honored, and other similar accessory information.

P. Noncommercial message. Any message protected by the First Amendment that does not direct attention to a business operated for profit, or to a commodity or service for sale.

Q. Political Sign. A sign erected for the purpose of advertising a candidate or stating a position regarding an issue upon which the voters of the town may vote.

R. Portable Sign. A sign generally constructed to be easily movable without a permanent attachment to the ground and which may or may not be equipped with wheels. Such signs may be designed for changeable messages. Signs painted on or attached to operational vehicles and signs defined as temporary signs are not included in this definition.

S. Reader Board: A sign on which message copy is changed manually through the utilization of attachable letters, numbers, symbols and other similar character or changeable pictorial panes.

T.Flashing Sign: A sign that incorporates flashing or blinking lights, or a sign with moving parts or parts which simulate movement, including signs or lights on signs reflecting or emitting a glaring light that could impair driver vision.

U. Banners: A sign with message or advertisement that is applied to flexible substrate of cloth or vinyl. The sign is held in place by grommets, ropes, and ties and is intended for temporary use only.

V. Changeable Copy Sign that includes Scrolling marquees, time and temperature and like signs on which message copy is changed electronically.

ARTICLE III. ENFORCEMENT AND ADMINISTRATION.

A. The Code Enforcement Officer is hereby given the authority to administer and enforce the provisions of this ordinance. He shall be responsible for issuing permits for the erection of all outdoor signs and advertising, identification, business and principal use signs. (He shall be responsible for issuing permits in accordance with the provisions of this ordinance). The Code Enforcement Officer shall refuse a permit for the erection of any sign which does not meet the requirements of this Ordinance. In the absence of the Code Enforcement Officer, the Manager or an appointee designated by the Manager shall have the authority to act in that capacity.

B. Any person, firm or corporation aggrieved by any decision of the Code Enforcement Officer regarding any provision of this ordinance may appeal such decision to the Board of Adjustment. Such appeal may be taken within ten (10) days of the Code Enforcement Officer's decision by filing with the Code Enforcement Officer a Notice of Appeal setting forth either the reasons that the appellant believes that the Code Enforcement Officer's decision is in error or the reasons that the appellant should be granted a variance from the provisions of this ordinance. Upon receipt of an appeal, the Code Enforcement Officer shall transmit the appeal together with any necessary records to the Board of Adjustment for hearing.

C. The Board of Adjustment shall consist of five (5) members, none of whom shall be a member of the Board of Aldermen of the Town of Maggie Valley, but all of whom shall reside within the corporate limits of Maggie Valley. The Board of Aldermen shall appoint a Chairman to serve a three year term, two members to serve two year terms and two members to serve one year term. All subsequent appointments shall be three (3) year terms.

D. The Board of Adjustment shall hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Code Enforcement Officer in the enforcement of this Ordinance.

E. The Board of Adjustment shall hear and decide appeals for variances from the provisions of this Ordinance. Variances may be granted by the Board of Adjustment only when special conditions exist whereby a literal enforcement of the provisions of this Ordinance would result in practical difficulty or unnecessary hardship.

F. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse a decision or determination of the Code Enforcement Officer or to grant a variance from the provisions of this Ordinance.

G. All decisions and findings of the Board of Adjustment shall be final administrative decisions. Appeals from decisions of the Board of Adjustments shall be taken to the Superior Court by proceedings in the nature of certiorari.

H. If any sign is erected, constructed, repaired, converted or maintained in violation of this Ordinance, the Board of Aldermen or any adjacent or other property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to stop the violation.

1. Penalty. Any person, firm or corporation who violates any provision of this Ordinance shall, upon conviction, be guilty of a misdemeanor and shall be fined not exceeding Fifty ($50.00) Dollars. Each day that a violation continues to exist shall be considered a separate offense, provided the violation is not corrected within seven (7) days, or forty-eight (48) hours for a temporary sign, after notice of the violation has been given.

In addition to the above statement and in accordance with G.S. 160A-175, the Town of Maggie Valley shall have the power to impose penalties for the violation of the provisions of this ordinance as provided in this section. The Town may enforce this ordinance by any one, all, or a combination of the remedies authorized and prescribed by G.S. 160A-175,with the exception of subsection (b). When a violation subjects an offender to a civil penalty, said penalty shall be $50.00 per day. Unless the violation is corrected or appeal is made to the Town of Maggie Valley Board of Adjustment, the civil penalty shall begin ten days after the notice of the violation has been given by means of a certified letter by the Town of Maggie Valley official. Further, this ordinance shall provide that each calendar day's continuing violation shall constitute a separate and distinct offense, and the total penalty thus resulting shall be recorded as a lien against the property.

*. SIGNS EXEMPT FROM REGULATIONS. The following signs are exempt from the regulations of this ordinance, except where prohibited under Section VI.

A. Signs not legible from beyond the boundaries of the property on which they are located.

B. Governmental signs, including traffic warning or regulatory signs and devices.

C. Trade names and graphics which are located on gas pumps, newspaper, soft drink and similar vending devices.

D. Flags, or insignia of any governmental, non-profit, or business organization.

E. Seasonal/holiday signs and decorations associated with a national or religious holiday.

F. Warning of danger signs posted by utility or construction companies.

G. Signs on vehicles indicating the name of a business, unless the primary use of the vehicle is for advertising or the display of signs. Vehicles may not park on state or private property for displaying purposes. All vehicles must be registered, licensed and have a valid inspection.
 

H. Non-advertising decorative flags or devices.

I. Signs required by law, statute or ordinance.

J. No trespassing, no loitering and similar private warning signs.

K. Incidental signs.

L. Commemorative signs that have been approved by the Town Council.

M. Signs painted on or displayed in windows.

ARTICLE IV. SIGNS NOT REQUIRING A PERMIT The following types of signs are permitted without requiring a permit:

A. Regulatory or warning signs not used for advertising purposes. Such signs shall not exceed sixteen (16) square feet in area per side.

B. Professional signs in residentially zoned area announcing professions, businesses or home occupations not exceeding four (4) square feet per side in area and shall be non-illuminated.

C. "For Sale" or "For Rent" signs pertaining to realty, on the premises offered for sale or rent which do not exceed eight (8) square feet and which are not illuminated. There shall be a limit of one such sign for each lot and the sign must state what is for sale or rent such as house, lot, etc. Any tract of land with three (3) or more acres or five hundred (500) feet or more of road frontage will be allowed one sign not to exceed sixteen (16) square feet. All such signs shall be removed within five (5) days from the rental or sale closing.

D. Church bulletin boards and identification signs whether lighted or unlighted. There shall be a limit of one such sign for each lot.

E. Signs advertising agricultural products produced on the premises, not exceeding sixteen (16) square feet in area per side. There shall be a limit of one such sign for each lot.

F. Directional or informational signs of public, civic and non-profit organizations.

G. Historical markers erected by a bona fide historical association. All signs shall be limited to sixteen (16) square feet in area per side.

1. Construction signs pertaining to and during the construction or repair of property

on which they are located. Such signs shall be removed prior to completion of such project and may not be erected prior to issuance of a building permit. Such signs shall be limited to sixteen (16) square feet in area per side.

I. Political signs. Such signs shall not be attached to utility poles, shall not be displayed more than thirty (30) days prior to the election, and shall be removed within five (5) days after the issue to which the signs refer has occurred, and shall have the written permission of the property owner on which the sign is placed. Political signs shall not exceed sixteen (16) square feet in area.

ARTICLE V. SIGNS REQUIRING A PERMIT

1. Principal Use Identification Signs. The total sign area which may be allotted to principal use identification shall not exceed two hundred fifty (250) square feet. Only one sign may be an unattached (free-standing detached) sign. No (free-standing detached) principal use identification sign shall have more than one hundred twenty-five (125)square feet per surface side. No more than 125 square feet shall be allotted to attached signs. No attached sign shall be less than sixteen (16) square feet in area. No banners, pennants or balloons may cover, or be attached, to a principal use identification sign. Banners, pennants or balloons may not be used as a permanent sign.

Reader Board Signs provided the sign on which message copy is changed manually through the utilization of attachable letters, numbers, symbols and other similar characters or changeable pictorial panels provided that the message or information is presented in such a manner as not to flash. Such signs shall be included in the allotted 125 square feet.

Changeable Copy Signs, Scrolling marquees, time and temperature and like signs are allowed as a special exception provided that the message or information is presented in such a manner as to deliver the message and not to "get attention". The words or symbols may scroll or alternate but not in such a manner as to flash. Such signs shall be included in the allotted 125 square feet.

2) Entrance, Exit and Parking Signs. "Entrance", "Exit", or "Parking" signs with a maximum size of six (6) square feet per side per sign, shall be permitted under this Ordinance. All such signs shall be limited to the wording "entrance", "exit", or "parking". Only one sign shall be allowed for each exit or entrance. Entrance, Exit and Parking signs may include the business name but may not exceed a maximum size of six (6) square feet.

3) Residential developments (subdivisions, planned unit developments, mobile home

parks) and all permitted non residential uses located in residential districts shall be allowed one attached sign not to exceed 12 square feet in area and one free-standing sign per street frontage not to exceed 32 square feet in area and eight feet in height. A freestanding sign shall have a setback of no less than 10 feet from the street right-of-way or 15 feet from the traveled portion of a street where the right-of-way does not exist or cannot be determined. Such signs may be illuminated.

4)Unified Business Development Signs. In addition to the other regulations of this Ordinance, the following regulations shall apply on property which is developed as a unified or group business development.

a) Individual stores or business establishments within a Unified Business Development are limited to signs having a maximum square footage of 36 square feet and a minimum of sixteen (16) square feet attached to some structural portion of the unified business development or to the surface area of its principal use identification signs.

b) In addition to signs permitted for individual stores or business establishments within a Unified Business Development, there shall be no more than one general unattached sign [free-standing detached] not to exceed 150 sq. ft. "General Requirements", shall apply.

5) Portable Signs: Permit not to exceed 30 days for new operating businesses while awaiting the installation of a permanent free standing principal use identification sign or if the principal use identification sign has been destroyed by storm, accident, or other causes. Documentation of a new sign order is required.

6) Banners and temporary signs are allowed only by city permit, and are not to exceed sixteen (16) square feet. No more than three (3) permits with a duration of seven (7) days each shall be issued for the same location for any 12 month period. There shall be a minimum of 30 days between the expiration of one permit and the issuance of another permit for the same location.

7)Special Event Banners: Banners may be used for special events provided that the event is recognized and the use of banners is authorized by the Maggie Valley Board of Aldermen. Special Event Banners shall be used no more than five days (5) prior to the event nor more than two days (2) days after the event. Violation of this section shall carry a penalty of fifty dollars ($50) per day.

ARTICLE VI.. PROHIBITED SIGNS. The following signs shall not be permitted, erected or maintained in the Town of Maggie Valley:

1. Outdoor advertising devices such as streamers, pennants, balloons, and similar devices.
2. Signs which incorporate or emit any sounds which are intended to attract attention.

C. No flashing lights or flashing signs or portable signs shall be erected after the effective date of this ordinance. All flashing lights or flashing signs or portable signs in existence before the effective date shall be considered non-conforming uses and shall be brought into compliance within six months after the effective date of this ordinance.

D. Any sign or sign structure which:

1) Was not erected in conformity of the building codes of the Town of Maggie Valley; or

2) Creates in any way an unsafe distraction for motor vehicle operators; or

3) Obstructs the view of motor vehicle operators entering a public roadway from the parking area, serving drive, private driveway, alley or other thoroughfare.

4) Any sign which obstructs free ingress to or egress from a required door, window, fire escape, or other required exit way.

5) "A-Frame" or sandwich board signs which are placed on or near sidewalks or roadside curbs. This category shall be interpreted to include A-Frame signs which indicate prices of commodities or services, or specific products or services offered on the site.

6) Any non-governmental sign, whether temporary or permanent, within any public street or highway right-of-way.

ARTICLE VII. NON-CONFORMING SIGNS

1. All signs described in section VI. Of this Ordinance shall be removed in six (6) months.
2. Any time that ownership of a non-conforming sign is changed, such non-conforming sign shall be brought into compliance.

3) No changes shall be allowed as to the shape or size of the total sign structure of any non-conforming sign. Changes in coloring, lettering, or information conveyed shall be permitted.

4). Non conforming signs other than those described in Section VI and Section VIII of this Ordinance shall be considered non-conforming uses. Non-conforming uses shall be brought into compliance within a period of five (5) years from the date the sign becomes non-conforming. Nothing herein shall prohibit the removal and replacement of seasonal signs exactly in the same condition on a seasonal basis provided that the required sign permit has been issued.

ARTICLE VIII. OFF-PREMISE SIGNS. Off-premise signs are prohibited in the jurisdiction of the Town of Maggie Valley; however, any business within the corporate limits of the Town of Maggie Valley, that does not front US-19, shall be permitted one free standing principal use identification sign that may be located off premise along with one free-standing on-premise principal use sign that combined do not to exceed 125 square feet and in all other ways shall comply with the North Carolina Department of Transportation off-premises sign requirements. This ordinance shall have no application to off premise signs in existence at the time of its enactment. All new signs must be permitted through the Department of Transportation, if applicable, Town of Maggie Valley, and the property owner on which the sign is placed.

ARTICLE IX. GENERAL REQUIREMENTS. The following signs are regulated and require a permit.

A. Maximum Sign Area and Number of Signs:

1) Calculation of Sign Area. The surface area of a sign shall be computed as including the entire area within that of the smallest rectangle, triangle, or circle (smallest rectilinear figure of not more than eight straight lines.) which encompasses all of the display area of the sign and including all of the elements of the matter displayed such as lettering, design, symbols and background. Frames and structure members not bearing advertising matter shall not be included in computation of surface area.

Any such measurements shall be taken on only one (1) face of the sign; however, informational advertising matter may be displayed on both sides of any permitted sign. All double face sign surface areas shall be parallel and may be separated by not more than twelve inches (12"). When a sign consists of letters placed directly on a wall, building surface, awning or marquee, or against open air (as when raised above a marquee), there being no background to the letters save the wall or surface itself, the area of the sign shall be that of the smallest rectangle, triangle or circle (rectilinear figure of not more than eight straight lines) within which all of the lettering can be included.

B. Sign Location. No sign shall be erected, constructed or maintained so as to interfere with vision clearance along any public street or public road, or at any intersection or junction or two or more traffic arteries.

1) Setbacks. Except as specifically authorized herein, all pole (free-standing detached) signs or signs detached from a building shall be placed no less than eight (8) feet from the street curbline. No signs of any nature shall be permitted on any public right-of-way except those erected for orderly traffic control, and other municipal and governmental purposes, or directional signs of six (6) square feet or less and referring only to organizations which are non-profit in character, or to construction projects in progress.

2) Unattached (free-standing detached) Signs. No unattached (free-standing detached)signs shall exceed a height of twenty (20) feet as measured from the curbline on the nearest roadway. All unattached signs having a setback of less than 12 feet from the curbline shall have a minimum ground clearance of six (6) feet (except entrance and exit signs); however, a solid base shall be allowed to a height of 2 feet above the curbline.

3) Entrance Signs. Entrance signs shall not exceed a maximum height of three (3) feet as measured from the curb grade at the nearest roadway.

4) Signs Attached to Buildings. No sign shall be allowed to extend over any public walkway or sidewalk. No sign shall be allowed to extend above the roofline of the building.

5). Any sign (together with its supporting structure) now or hereafter existing which, thirty (30) days or more after the premises have been vacated, advertises an activity, business, product or service no longer produced or conducted upon the premises upon which such sign is located. Said sign shall have the lettering removed, painted over or covered by an non-lettered wrap whose sole purpose is to cover and obscure any sign or sign message or content. The sign owner is responsible for maintenance of any wrap. This provision shall not apply to permanent signs accessory to businesses which are open only on a seasonal basis.

6) Construction: All signs, permanent, temporary and portable shall be designed and constructed with a professional appearance using substrates, lettering and graphics standard and commonly used in the sign industry.

ARTICLE X. MAINTENANCE. All signs, together with any supports, braces, guys and anchors shall be kept in repair and in a safe place of preservation. Deteriorating or dilapidated signs shall be removed by owner or by the Town at a cost of the sign owner

after ninety (90) days notice. A sign shall be in a state of disrepair when more than twenty percent (20%) of its total surface area is covered with disfigured, cracked, ripped or peeling paint or poster paper, or any combination of these conditions. Any sign in a state of disrepair shall be considered in violation of this ordinance. No sign shall be allowed to stand with bent or broken sign facing, broken supports, loose appendages or struts which cause the sign to stand more than 15 degrees from the perpendicular. No sign or sign structure shall be allowed to have weeds, vines or other vegetation growing on it and obscuring it from the street or highway from which it is intended to be viewed.

ARTICLE XI. FEE FOR SIGN PERMIT. All persons, firms or corporations applying for a new sign permit shall pay a minimum fee as determined by the Board of Aldermen to the Town of Maggie Valley. A sketch drawn to scale with the dimensions of the sign shall be submitted with the fee, along with written permission of the property owner as to the proposed sign.

ARTICLE XII. SEVERABILITY. Should any section or provision of this Ordinance be declared by the Courts to be unconstitutional or invalid, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so

declared unconstitutional or invalid.

ARTICLE XIII. NON-COMMERCIAL MESSAGES

Notwithstanding any other provisions of this ordinance, any sign, display or device allowed under this ordinance may contain, in lieu of any other copy, any otherwise lawful non-commercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with size, lighting, height and other requirements of the district in which it is located.