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AG 2002 08 19 (Regular)
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AG 2002 08 19 (Regular)
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Last modified
3/2/2006 5:01:40 PM
Creation date
11/27/2017 11:43:52 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/19/2002
Board
Board of Commissioners
Meeting Type
Regular
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(b) North Carolina has a state compulsory building code, which applies throughout <br />the state (NCGS 143-138(c)). However, municipalities and counties may adopt codes for their <br />respective areas if approved by the state as providing "adequate minimum standards" (NCGS <br />143-138(e)). Local regulations cannot be less restrictive than the state code. Exempted from the <br />state code are: public utility facilities other than buildings; liquefied petroleum gas and liquid <br />fertilizer installations; farm buildings outside municipal jurisdictions. No state permit may be <br />reqUired for structures under $20,000. (Note that exemptions apply only to state, not local <br />permits). <br /> <br /> (c) Local governments in North Carolina are also empowered to carry out building <br />inspection. NCGS 160A, Art. 19. Part 5; and 153A Art. 18, Part 4 empower cities and counties to <br />create an inspection department, and enumerates its duties and responsibilities, which include <br />enforcing state and local laws relating to the construction of buildings, installation of plumbing, <br />electrical, heating systems, etc.; building maintenance; and other matters. <br /> <br /> C. Land Use. Regulatory powers granted by the state to local governments are the most <br />basic manner in which a local government can control the use of land within its jurisdiction. <br />Through various land use regulatory powers, a local government can control the amount, timing, <br />density, quality, and location of new development. All these characteristics of growth can <br />determine the level of vulnerability of the community in the event of a natural hazard. Land use <br />regulatory powers include the power to engage in planning, enact and enforce zoning ordinances, <br />floodplain ordinances, and subdivision controls. <br /> <br /> D. Zoning. Zoning is the traditional and nearly universal tool available to local governments <br />to control the use oftand. Broad enabling authority for municipalities in North Carolina to <br />engage in zoning is granted in NCGS 160A-381; and for counties in NCGS 153A-340 (counties <br />may also regulate inside municipal jurisdiction at the request of a municipality (NCGS 160A- <br />360(d)). The statutory purpose for the grant of power is to promote health, safety, morals, or the <br />general welfare of the community. Land "uses" controlled by zoning include the type of use <br />(e.g., residential, commercial, industrial) as well as minimum specifications for use such as lot <br />size, building height and set backs, <br />density of population, and the like. The local government is authorized to divide its territorial <br />jurisdiction into districts, and to regulate'and restrict the erection, construction, reconstruction, <br />alteration, repair or use of buildings, structures, or land within those districts (NCGS 160A-382). <br />Districts may include general use districts, overlay districts, and special use or conditional use <br />districts. Zoning ordinances consist of maps and written text. <br /> <br />E. Floodplain Regulation. <br /> <br /> 1. In the summer of 2000, the North Carolina General Assembly adopted an act entitled <br />"An Act to Prevent Inappropriate Development in the One Hundred-Year Floodplain and to <br />Reduce Flood Hazards". By this act, the North Carolina statutes regulating development within <br />floodways were rewritten to include floodplain regulation (NC GS 143- 214.51-214.61 ). The <br />purpose of the new law is to: <br /> <br /> - Minimize the extent of floods by preventing obstructions that inhibit water flow and <br />increase flood height and damage. <br /> <br />Draft Annex C v.3 C-2 1 June 2002 <br /> <br /> <br />
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