Town of Maggie Valley

Regularly Scheduled Planning Board Meeting

January 8, 2004

MINUTES

 

 

 

Members Present:          Chairman Patricia Tilley, Torry Pinter, Joann Lyons, Richard Pierce, Jerry Zerbock, and Mark DeMeola

 

Staff Present:                     Code Enforcement Officer Tim Henson

 

 

 

Meeting Called to Order

Chairman Tilley called the meeting to order at 1:20 p.m. on Monday January 8, 2004 in the Town Hall Boardroom.

 

 

 

Approval or Correction of Minutes-December 8, 2003

MR. PIERCE MADE A MOTION TO APPROVE THE MINUTES OF DECEMBER 8, 2003 AS PRESENTED.

MR. PIERCE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

 

 

 

Review of Zoning Ordinance Revisions

The board reviewed the proposed changes:

Districts                Lot Size               Lot Width (min)              Setbacks

R17                          17000 sq ft         85’                                              25’ 15’ 15’

R14                          14000 sq ft         85                                                20’ 15’ 15’

R10                          10000 sq ft         75’                                              15’ 15’ 15’

R43                          43560 sq ft         100’                                           25’ 25’ 25’ 

Required for any portion of lots above 4000 elevation.

 

C2                             10000 sq ft         75’                                              15’ 15’ 15’

C1                                                                 75’                                              15’ 15’ 15’

 

 

Sign Setbacks- Article IX General Requirements- Sign location- letter B

Except as specifically authorized herein, all pole (free standing detached) signs or signs detached from a building shall be placed outside the state (NCDOT) right-of-way.  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.

 

Section 900 entitled General Provisions- 900.4 Non-Conforming Use

It is the intent of this section to discourage the survival of nonconforming uses and to prohibit their enlargement, expansion, or extension.  Any building, structure, or use of land existing at the time of the enactment of this Ordinance or any amendment thereto may be continued subject to the following provisions.  They shall not be:

Rebuilt, altered or repaired after damage exceeding seventy-five (75%) percent of its fair market value immediately prior to damage with the exception of being rebuilt within the boundaries of the existing footprints.

 

 

Review of Flood Prevention Ordinance

As discussed in the past, the proposed ordinance consists of FEMA’s minimum standards.  The Town’s existing ordinance is outdated.

 

Chairman Tilley discovered a conflict between FEMA, HUD, and ANSI regulations.  N.C. Insurance will not allow park models to be set permanently. Generally speaking, recreational vehicles cannot be accepted as a permanent dwelling structure.  However, park models can be permitted to be set up as a permanent dwelling unit if it is labeled as either a manufactured (mobile) home in accordance with HUD’s National manufactured Housing Construction and Safety Standards Act of 1974 or as a modular home in accordance with the North Carolina Regulations for Modular Construction.  Units labeled in accordance with the HUD regulations shall be set up in accordance with the State of North Carolina Regulations for Manufactured Homes.  Units labeled as a North Carolina modular home shall be set up in accordance with the North Carolina Residential Code, current edition.

 

Due to the increasing number of park models coming into town and the uncertainty of the rules that can and will apply, the board felt Chairman Tilley should asked the council members to place a moratorium on park models for at least 90-days. 

 

The board felt that they should move forward with the minimum FEMA flood prevention standards just not include the added wording for park models and recreation vehicles.

 

MR. PIERCE MADE A MOTION THAT CHAIRMAN TILLEY CONTINUE WORKING ON PARK MODELS ISSUES, ASK THE BOARD OF ALDERMEN FOR A 90-DAY MORITORIUM PROHIBITING ADDITIONAL PARK MODELS, AND BRING THE BASIC FEMA FLOOD PREVENTION STANDARDS BEFORE THE BOARD OF ALDERMEN.

MR. DEMEOLA SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

 

 

After a determination is made, the Planning Board can make the needed changes to the flood prevention ordinance.

 

There being no further business to discuss, the meeting adjourned at 3:55 p.m.

 

 

 

________________________________

Chairman Patricia Tilley

 

 

 

 

______________________________

Vickie Best, Town Clerk

Minutes prepared via tape