Lumberton Downtown Master Plan by Benchmark

LUMBERTON D O W N TO W N MASTER PLAN

JUNE 2017

MASTER PLAN DEVELOPMENT PROCESS Over the last 10 years, the City of Lumberton has developed and implemented several plans and projects in downtown including recent improvements to the plaza, the construction of a new roundabout and the installation of wayfinding signs. This Master Plan builds upon those recent successes and planning studies, providing implementation strategies to guide the continued growth and improvement of downtown. The Downtown Master Plan development process began in June of 2016 with an initial round of staff meetings, a review of existing planning studies, and the mapping of data that served as a base of information for the preparation of the master plan.

Although the planning process was met with

challenges from the severe impacts of Hurricane Matthew in October of 2016, downtown supporters remained committed to the development of the plan and its adoption in June of 2017. The Downtown Master Plan establishes a vision and strategic direction for cultivating future investment and growth in downtown. The implementation strategies spell out step-by-step, prioritized actions required to realize the Downtown vision. The Appendix of the plan serves as a resource and contains the maps utilized for the background research and development of the recommendations, along with example Downtown Design Guidelines and an example commercial property maintenance code.

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DOWNTOWN VISION Downtown is the historic centerpiece of the Lumberton community, serving as the focal point of cultural arts, entertainment, tourism and government.  MAP 1.1 DOWNTOWN PLANNING AREA

City Hall

Courthouse

City Hall

Courthouse

500 FEET

Master Plan Area Building Footprints

Parking Lots



City Hall & County Courthouse

Lumberton Downtown Master Plan

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ELM

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5TH

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THE MASTER PLAN • Strategy One: Establish and promote downtown as the focal point of cultural arts, entertainment, tourism and government in Robeson County. • Strategy Two: Maintain and protect the historic architectural character and appearance of downtown. • Strategy Three: Make strategic investments in public infrastructure to support private investment in Lumberton’s ongoing downtown revitalization efforts. 4

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PLAZA

TRE

S ND

TRE

S ND

Existing Downtown Attractors

Destination and Experiential Focused Retail / Service Businesses

Future Downtown Attractors

Creative Production Space

New Residential / Mixed-Use

Lumberton Downtown Master Plan

STRATEGY ONE - MAKE DOWNTOWN THE FOCAL POINT

[ Establish and promote downtown as the focal point of cultural arts, entertainment, tourism and government in Robeson County ] Major attractors, such as the Plaza, the Robeson County Library,the Children’s Museum and the Carolina Civic Center, currently serve to draw people to Downtown Lumberton. Strengthening these, and developing additional major downtown anchors focused on cultural arts, entertainment and tourism, will help to provide the regular base of customers that will make private investment in Downtown Lumberton an attractive option.

Goal A: Strengthen the position of existing attractors to support their role in drawing residents and visitors downtown. Action 1:

Develop strategies to support the Civic

Center in attracting visitors to downtown. • Identify the range of support services, lighting, infrastructure, activities and opportunities that will help generate foot traffic and create a festive atmosphere on performance nights at Street activation at Norvell Theater, Salisbury, NC

the Civic Center.

• Develop joint marketing and promotional materials with complementary downtown businesses and organizations to maximize promotional efforts related to events at the Civic Center. • Identify opportunities to coordinate mutually supporting events that incorporate the use of the Civic Center with events at the plaza and other nearby locations downtown.

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Existing Downtown Attractors 6

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• Provide valet parking and shuttle service to public parking areas on event nights at the Civic Center. • Identify ways that the city, businesses and non-profit organizations can help to support the Civic Center as a key attraction in downtown and increase the frequency of its use. • Encourage the establishment of lodging facilities, such as a small-scale boutique hotel and/or bed and breakfast, to encourage overnight stays in downtown in conjunction with events at the Civic Center. Action 2:

Implement plans to improve the plaza for use as the city’s primary downtown location for

outdoor programming and events. • During the final design considerations, evaluate options to raise the “floor” of the plaza to improve visibility into the plaza site. Action 3:

Identify opportunities to better integrate the Children’s Museum and the Robeson County

Library with the commercial core of downtown Lumberton. • Provide crossing guards at major intersections on Second Street to provide safe crossing during downtown events and festivals. • When planning for the two-way conversion of Chestnut and Elm Streets, support the placement of enhanced pedestrian crossing signals at the intersection of Second Street and Chestnut Street. • Develop joint marketing and promotional materials with other downtown attractors and organizations to maximize visits to the library and museum.

Goal B:

Identify and develop new downtown attractors.

Action 1:

Encourage the establishment of destination tourism, entertainment, cultural arts, and food

and drinking establishments within the downtown. • Establish a committee focused on developing detailed plans for fostering the growth of tourism, entertainment, cultural arts, and food and drinking establishments in downtown. 1. Examine existing zoning, ABC laws, outdoor dining rules, and infrastructure to identify potential barriers and needed changes to facilitate the development of entertainment focused uses. 2. Prepare a detailed market analysis to identify and evaluate business recruitment targets that will support growth in the local tourism market. 3. Establish a marketing and recruitment strategy for attracting the identified businesses to Downtown Lumberton. Lumberton Downtown Master Plan

• Redevelop the former water plant to serve as a major anchor use along the riverfront. 1. Prepare a detailed market and site analysis to identify feasible development scenarios for the adaptive reuse of the water plant with a tourism focused business that includes entertainment and dining venues. 2. Based on the results of the market and site analysis, prepare a request for proposals to solicit redevelopment proposals from investors/developers that meet the City’s

Pump House, Rock Hill, SC

objectives. 3. Select a developer and negotiate a development agreement for the sale and redevelopment of the water plant. • Redevelop the former Lumberton Municipal Building 1. Identify barriers and define a strategy to recruit an investor/developer to redevelop the old City Hall/Fire Station in a manner that will establish the site as a downtown attractor/destination.

5TH

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Future Downtown Attractors 8

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• Activate existing commercial buildings within the downtown core by clustering vibrant dining and entertainment establishments, along with other destination/experiential retail and service uses. 1. Work with property owners to recruit businesses in the identified sectors 2. Ground floor space should be prioritized for: • 1st Priority: Destination/experiential businesses focused on retail, dining and entertainment venues. • 2nd Priority: Service uses. • 3rd Priority: Professional office space 3. Upper story space should be prioritized for: • 1st Priority: Residential uses. • 2nd Priority: Professional office/service uses. Action 2:

Maintain a significant Government sector presence in downtown.

• Work with Robeson County to help facilitate the transition of County offices into the consolidated office space in the former BB&T Building. • Identify redevelopment opportunities consistent with the downtown vision for space that may be vacated by the County as it consolidates its operations into the former BB&T building.

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Destination and Experiential Focused Retail / Service Businesses Lumberton Downtown Master Plan

Action 3:

Establish a Creative Production district to attract artisans, craft makers and similar creative

enterprises to the existing stock of small scale industrial buildings that are immediately adjacent to the core of downtown. • Establish a steering committee comprised of representatives from Rediscover Downtown Lumberton, the Arts Council, the Chamber of Commerce and other organizations to begin developing a strategy to activate the use of buildings in this area for creative production uses. • Examine zoning regulations, and amend as necessary, to ensure that buildings in this district can be utilized for creative production purposes. • Develop a branding and marketing strategy to promote the district to potential users. • Identify existing creative production enterprises in the city and surrounding area to recruit to the district. • Work with property owners to ensure that their buildings are ready for use as production space with regard to fire / building code matters. • Identify a building that can be used as a demonstration project to catalyze the district and work with the property owners and potential users to activate it as creative production space.

The Forge Makerspace Greensboro, NC 10 | Lumberton Downtown Master Plan

Example: The Forge Makerspace Greensboro, NC

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Creative Production Space Lumberton Downtown Master Plan

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Goal C:

Activate the Lumber River.

Action 1:

Establish a formal Riverfront Renewal / Development committee to study the rights and

obligations of all entities that own property adjacent to, or regulate the use of, the Lumber River and formulate a joint effort to provide access to the river for visitors. Action 2: As necessary, improve and refine existing plans for a riverfront park along Water Street. Action 3: Coordinate with the Army Corps of Engineers to ensure the Lumber River is accessible and available for recreational uses such as kayaking and canoeing. Action 4: Create a Kayak/Canoe launch site along Water Street that is accessible to nearby public parking.

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Action 5: Study the feasibility of converting the 5th Street Bridge over the Lumber River into a flexible use public space that can be utilized on temporary or semi-permanent basis for pedestrian activity and enjoyment of the Lumber River. Action 6: After river accessibility is improved, develop a marketing campaign focused on attracting travelers on I-95 to explore the downtown section of the Lumber River. Action 7: Facilitate a landscape clean-up campaign on the river side of Water Street to show the community immediate action is being taken to establish Lumberton as a riverfront community and improve the visibility of the river for pedestrians. Action 8: Install viewing platforms at prominent points that align with street intersections as part of a comprehensive plan for the redevelopment/renewal of the riverfront.

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Example Boat Launch Ramps

Flowering Bridge (Bridge Conversion), Lake Lure, NC

Coble Plaza, Riverfront Park - Columbia, SC 14 | Lumberton Downtown Master Plan

Water Street

Conceptual Viewing Platform along Water Street

Riverwalk - Conway, SC

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STRATEGY TWO - MAINTAIN THE HISTORIC CHARACTER & APPEARANCE OF DOWNTOWN [ Maintain and protect the historic architectural character and appearance of downtown. ]

The stock of historic buildings in Lumberton’s downtown is a point of pride in the community. This tremendous resource should be celebrated and leveraged to attract private investment in downtown. By providing incentives and implementing regulations focused on stabilizing and preserving downtown’s architectural character, the city can help to ensure that the unique qualities of the built environment that makes downtown Lumberton special are preserved and leveraged to support revitalization efforts and tourism.

Goal A: New construction, redevelopment and infill projects will be consistent with downtown Lumberton’s historic architectural character. Action 1: Prepare design regulations based on the model provided in the Downtown Master Plan. Action 2: Adopt and implement the design regulations within the downtown area - extending beyond the current B-1 zoning district to capture adjacent historic areas.

DESIGN G

UIDELINES

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Goal B: Preserve and protect the nonresidential building stock from deterioration and demolition by neglect. Action 1:

Utilizing the authority granted to municipalities in NCGS 160A-439, adopt an ordinance

establishing minimum standards for the maintenance of nonresidential buildings. â&#x20AC;˘ The adoption of such an ordinance would authorize a designated city official to order the owner of a building that is not compliant with the standards of the ordinance to repair, alter, improve, or demolish a non-compliant building.

Goal C: Encourage voluntary private investment in the downtown building stock. Action 1: Continue the use of building faĂ§ade grants; ensuring that all reimbursed improvements are consistent with the Downtown Design District regulations. Action 2: Consider the establishment of a fund to provide financial assistance to building owners to make voluntary repairs and improvements to meet the requirements of the nonresidential building maintenance code.

Example Facade Grant Funded Building Restoration

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STRATEGY THREE - MAKE INVESTMENTS IN PUBLIC INFRASTRUCTURE TO SUPPORT PRIVATE INVESTMENT

[ Make strategic investments in public infrastructure to support private investment in Lumberton’s ongoing downtown revitalization efforts. ] Private investment dollars will be more easily attracted to the downtown market if the city demonstrates a willing commitment to the area through the investment of public funds in improving those aspects of the environment that it is responsible for. Examples include ensuring that traffic flows efficiently through the area, streets are attractive and friendly for pedestrians, and investing in city owned properties to support ongoing revitalization efforts.

Goal A: Improve the functionality and aesthetic appeal of the downtown street network. Action 1:

Convert the one-way pair of North Elm Street and North Chestnut Street back to their original

two-way traffic pattern to improve downtown connectivity and accessibility. • This action item includes associated improvements at the plaza’s edges and at the intersections with 2nd Street to accommodate the conversion.

PLAZA

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CHESTNUT ST.

ELM ST.

3RD ST.

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The current one-way street configuration impedes access into the heart of downtown. The conversion of the streets to their original two-way traffic pattern improves accessibility and traffic flow.

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Existing view of the intersection of 2nd Street and Elm Street.

This photo enhanced image depicts conceptual improvements at the intersection of 2nd Street and Elm Street. Improvements include a signalized intersection, two-way traffic flow, infill development, building rehabilitation, and the creation of a pedestrian friendly streetscape.

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• This action item includes the placement of enhanced pedestrian crossing signals and crosswalks at the intersection of Second Street and Chestnut Street. Action 2:

Convert Water Street to a “complete street” with pedestrian oriented connections between

the river and the downtown core. • Coordinate a full re-engineering and redesign of Water Street to enhance it as a pedestrian oriented place rather than simply as an automobile-centric road.

The illustrations above demonstrate how Water Street can be improved to allow for increased accessibility by pedestrians to the riverfront.

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â&#x20AC;˘ Commission a full redesign of Water Street, including curbing, travel lanes, crosswalks, and landscaping, and associated aesthetic improvements. Action 3: Improve the aesthetic appearance and pedestrian experience along 3rd and 4th Streets from Water Street to Walnut Street. â&#x20AC;˘ Implement a re-engineering and redesign of each street to enhance it as a pedestrian oriented place with street trees, crosswalks, and outdoor gathering space to facilitate the establishment of tourism, entertainment and food and drink establishments.

The images above display how pedestrian and aesthetic improvements to the streetscape can help create an attractive environment for people visiting downtown.

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Goal B: Ensure that the public/private utility infrastructure has sufficient capacity to support redevelopment plans. Action 1:

Conduct an inventory of the condition and capacity of existing gas, electric, water, sewer,

telecommunications and other key infrastructure elements to identify any deficiencies, capacity issues, or other barriers that may impede private investment in downtown.

Goal C: Increase the appraised value of revenue generating property downtown by 25% by the year 2025. Action 1:

Facilitate private investment in residential development projects.

• Prepare a comprehensive study of potential downtown buildings for residential conversion. 1. Identify all upper story residential opportunities in downtown 2. Inventory condition and potential barriers 3. Identify potential funding sources for removal of any physical/environmental barriers 4. Identify and remove any regulatory barriers to the development of mixed use residential/ commercial projects within the downtown. • Review the extent of the primary fire district to ensure that it does not extend into areas where wood-frame upper story residential construction could be safe and feasible based on existing and planned development patterns. • Prepare a comprehensive inventory of potential residential infill sites. Action 2:

Facilitate private investment in commercial building rehabilitation and new commercial/

mixed use construction on infill lots within downtown. • Prepare a comprehensive list of commercial buildings in need of rehabilitation. 1. Inventory condition and potential barriers. 2. Identify potential funding sources for removal of any physical/environmental barriers 3. Identify and remove any regulatory barriers to the development of mixed use residential/ commercial projects within the downtown. • Review the extent of the primary fire district to ensure that it does not extend into areas where wood-frame upper story residential construction could be safe and feasible based on existing development patterns. • Prepare a comprehensive inventory of potential nonresidential infill sites.

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Goal D: Action 1:

Attract an additional 250 private sector employees to downtown by 2025. Aggressively recruit business in sectors that are compatible with the goals and objectives of

the downtown plan. â&#x20AC;˘ Work closely with the committee established to recruit and develop new attractors downtown to ensure the right business sectors are being targeted for downtown. â&#x20AC;˘ Adopt incentives (financial or otherwise) to offer businesses seeking to relocate to, or expand, in downtown Lumberton.

As displayed above, an example location for infill mixed use development is the former county jail site on Water Street. The site presents an opportunity to activate a vacant lot with development that can leverage the riverfront, new roundabout and park, and future redevelopment of the water treatment plant.

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APPENDIX

Appendix

REGIONAL CONTEXT

Lumberton is located in the southeastern portion of North Carolina in the area referred to as the Coastal Plains. The City of Lumberton is the county seat of Robeson County, Map A.1. Lumberton benefits from an extensive transportation network including close proximity to I-95. Several large commercial nodes exist within a short driving range from Lumberton including Fayetteville MAP A.1 STATE-COUNTY-CITY GEOGRAPHIC RELATIONSHIP (about 40 minutes), Florence (about 60 minutes), and Wilmington (about 90 minutes) as shown in Map A.2. The Cityâ&#x20AC;&#x2122;s key commercial nodes are shown in Map A.3.

MAP A.2 REGIONAL COMMERCIAL NODES

30 MILES

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Appendix

MAP A.3 LUMBERTONâ&#x20AC;&#x2122;S KEY COMMERCIAL NODES

1 MILE

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Appendix

PLANNING AREA

The map below displays the study area boundary of the Downtown Master Plan.

MAP A.4 DOWNTOWN PLANNING AREA

City Hall

Courthouse

500 FEET

Area Boundary Building Footprints

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Parking Lots

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City Hall & County Courthouse

Appendix

PLANNING AREA

The map below displays the aerial image of the study area boundary.

MAP A.5 DOWNTOWN AERIAL PHOTOGRAPH

500 FEET

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Appendix

PROPERTY OWNERSHIP

The figure below shows the broad categories/types of property ownership within downtown. Privately held property makes up 58% of the land ownership in acres and 47% of the total land value. MAP A.6 PROPERTY OWNERSHIP

500 FEET

Area Boundary

Parcels

Private

City

Community/Church

County

PROPERTY OWNERSHIP SUMMARY acres

% of acres

value ($ millions)

% of value

PRIVATELY OWNED

55.17

58%

$28.3M

47%

COUNTY OWNED

15.51

16%

$17.5M

29%

CITY OWNED

16.66

18%

$6.3M

11%

COMMUNITY/CHURCH OWNED

7.18

$7.6M

13%

94.52

100%

$59.7M

100%

TOTAL

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Appendix

PROPERTY VALUE [DOLLARS PER SQUARE FOOT]

In order to gain an understanding of property values in Downtown Lumberton, each parcelâ&#x20AC;&#x2122;s total taxable value (land value and improvement value) was divided by the parcel area in square feet. The map shows and table shows ranges from $0 a square foot to greater than $50.01 a square foot. MAP A.7 PROPERTY VALUE

500 FEET

Area Boundary

Parcels

$0 - $5

$10.01 - $25

$5.01 - $10

$25.01 - $50

$50.01 - $250

PROPERTY VALUE SUMMARY total square feet

% of total

$0 - $5 SQUARE FOOT

1,205,145

30%

$5.01 - $10 SQUARE FOOT

1,146,582

28%

$10.01 - $25 SQUARE FOOT

1,146,851

28%

$25.01 - $50 SQUARE FOOT

411,889

10%

$50.01 - $250 SQUARE FOOT

143,816

4,054,283

100%

TOTAL

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Appendix

PROPERTY UTILIZATION

The data to prepare this map was provided by the City for the core of downtown that is under active management by the downtown coordinator. This utilization map provides a quick picture of where opportunities exist to activate under utilized properties. MAP A.8 PROPERTY UTILIZATION

City Hall

Courthouse

Area Boundary

500 FEET

P 32 | Lumberton Downtown Master Plan

Parcels Parking Lot

Fully Utilization Under Utilization

Appendix

PROPERTY OCCUPANCY

The data to prepare this map was provided by the City for the core of downtown that is under active management by the downtown coordinator. The map provides insight on the occupancy of existing buildings. When evaluated with the property utilization map, opportunity sites become more clear. MAP A.9 BUILDING OCCUPANCY

City

500 FEET

Area Boundary

Parcels

Fully Occupied

1st Floor Only Occupied

Partially Occupied

Vacant

Parking Lot

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Appendix

BUILDING CONDITIONS

The data to prepare this map was provided by the City for the core of downtown that is under active management by the downtown coordinator. This map illustrates which parcels have buildings in excellent, good, fair, and poor condition in the core area of downtown. MAP A.10 BUILDING CONDITIONS

Courthouse

500 FEET

Area Boundary

Parcels

Excellent Condition

Fair Condition

Good Condition

Poor Condition

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Appendix

PAST FACADE INCENTIVE GRANT AWARDS

The data to prepare this map was provided by the City for the core of downtown that is under active management by the downtown coordinator. This map displays where facade incentive grants have been awarded. MAP A.11 FACADE INCENTIVE GRANT RECIPIENTS

City

Area Boundary

500 FEET

Parcels

Parking Lot

F.I.G. Recipient

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City Hall & County Courthouse

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Appendix

PARKING

Lumberton has several large public parking lots in the downtown core that facilitate access to government services both County and City as well as municipal amenities like the Library and Exploration Station. Approximately 26% of the land area downtown (public and private) is used as a parking lot. MAP A.12 DOWNTOWN PARKING

City Hall

Courthouse

PARKING SPACES 263 Lot Spaces 588 On-street Spaces 500 FEET

Area Boundary

Building Footprints

Public Parking

Parking Lots

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ď&#x192;Ş

City Hall & County Courthouse

Appendix

OPPORTUNITY SITES

The opportunity sites for development/redevelopment were identified based on a variety of characteristics, such as use, value and ownership. MAP A.13 OPPORTUNITY SITES

Old Water Plant Site

City

Old site

jail Courthouse

500 FEET

Old BB&T site

Area Boundary Building Footprints Parking Lots

Opportunity Sites

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City Hall & County Courthouse

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Appendix

TRAFFIC COUNTS [LOCAL AREA]

The traffic count map for major thoroughfares in Lumberton is based on the NCDOT Average Annual Daily Traffic (AADT) count data from 2014 - 2015. MAP A.14 TRAFFIC COUNTS - LOCAL AREA

1 MILE

Planning Area

Streets Railroad

Traffic AADT

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Appendix

TRAFFIC COUNTS [PLANNING AREA]

The map below displays the NCDOT Average Annual Daily Traffic (AADT) counts from 2014-2015 for the major streets within the Downtown planning area. MAP A.15 TRAFFIC COUNTS - PLANNING AREA

City Hall

Courthouse

500 FEET

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Area Boundary

Streets

Traffic AADT

Railroad

City Hall & County Courthouse

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Appendix

CRASH STATISTICS

This map illustrates three types of crash statistics for the Downtown planning area including vehicular, pedestrian, and bicycle accidents from the NCDOT Crash data from 2007 to 2014. MAP A.16 DOWNTOWN PLANNING AREA

City Hall

500 FEET

Area Boundary

Number of Vehicular Crashes

Streets

Bicycle Crashes

Railroad

Pedestrian Crashes

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City Hall & County Courthouse

Appendix

DOWNTOWN EXISTING LAND USE

The map below displays the predominant land use for each parcel within the planning area.

MAP A.17 EXISTING DOWNTOWN LAND USE

500 FEET

Commercial

Public / Institutional

Undeveloped / Vacant

Manufacturing

Residential

Area Boundary

DOWNTOWN EXISTING LAND USE SUMMARY acres

% of total

COMMERCIAL

42.7

44.7%

PUBLIC / INSTITUTIONAL

38.3

40.1%

RESIDENTIAL

8.1

8.5%

UNDEVELOPED / VACANT

6.4

6.7%

MANUFACTURING

0.0

0.0%

95.5

100%

TOTAL

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Appendix

DOWNTOWN FUTURE LAND USE

The 2015 Land Use Plan identified the broad future land use categories for the planning area as identified below. MAP A.18 DOWNTOWN FUTURE LAND USE

500 FEET

Low Intensity

Downtown

Medium Intensity

Manufacturing

High Intensity

Rural

Area Boundary

DOWNTOWN FUTURE LAND USE SUMMARY acres

% of total

DOWNTOWN

91.5

95.8%

MEDIUM INTENSITY

4.0

4.2%

95.5

100%

TOTAL

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Appendix

DOWNTOWN ZONING DISTRICTS

The map below displays the type of zoning districts within the planning area.

MAP A.19 DOWNTOWN ZONING DISTRICTS

500 FEET

Commercial, B-1

Commercial, B-4

Residential, R-20

Commercial, B-2

Manufacturing, M-1

Area Boundary

Commercial, B-3

Residential, R-7

DOWNTOWN ZONING DISTRICTS SUMMARY acres

% of total

COMMERCIAL

85.7

89.7%

MANUFACTURING

7.4

7.7%

RESIDENTIAL

2.5

2.6%

95.5

100%

TOTAL

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Appendix

DOWNTOWN INFRASTRUCTURE [WATER]

The map below indicates the location of existing city owned water lines in the planning area.

MAP A.20 DOWNTOWN WATER LINES

500 FEET

Area Boundary

Building Footprints

Streets

Water Lines

Railroad

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City Hall & County Courthouse

Appendix

DOWNTOWN INFRASTRUCTURE [SEWER]

The map below indicates the location of existing city owned sewer lines in the planning area.

MAP A.21 DOWNTOWN SEWER LINES

500 FEET

Area Boundary

Building Footprints

Streets

Sewer Lines

Railroad

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City Hall & County Courthouse

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Appendix

DOWNTOWN INFRASTRUCTURE [ELECTRIC]

The below map indicates the locations of major electrical lines in the planning area.

MAP A.22 DOWNTOWN ELECTRICAL SYSTEM

500 FEET

Area Boundary

Building Footprints

Streets

Electrical Lines

Railroad

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City Hall & County Courthouse

Appendix

DOWNTOWN TREE CANOPY

The graphic below represents estimated tree canopy coverage in the planning area. .

MAP A.23 DOWNTOWN TREE CANOPY

Area Boundary 500 FEET

Streets

Tree(s)

ï&#x192;ª

City Hall & County Courthouse

Railroad

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Appendix

AREA PARKS & GREENWAY SYSTEM

This map illustrates existing and proposed greenway connectivity between the major parks and greenways within the area and to downtown. MAP A.24 AREA PARKS & GREENWAY SYSTEM

1 MILE

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Area Boundary

Proposed Greenway

Streets

Existing Greenway

Railroad

Major Parks

Appendix

PARKS AND PEDESTRIANS

This map highlights areas that lead to destinations within and surrounding the downtown area that are missing sidewalk connectivity and identifies intersections in need of increased pedestrian crossing safety. MAP A.25 DOWNTOWN PARKS & GREENWAY SYSTEM

500 FEET

Area Boundary

Missing Crosswalk

Downtown Parks

Streets

Missing Sidewalk

City Hall & County Courthouse

Railroad

Existing Greenway

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Appendix

DOWNTOWN CULTURAL RESOURCES

The downtown core contains a variety of locally recognized historic sites and cultural resources as displayed on the map to the right. In addition to local sites, the 215 Lumberton Commercial Historic District (downtown) is part of the National Register of Historic Places and contains 64 contributing structures within 215 acres.

Local Historical Sites

National Historic Sites

Robeson County History Museum

United States Post Office

Lumberton Trading Company

Carolina Civic Center Theatre

Spanish Revival Style Gas Station

Progressive (Planters) Bank

Norment-Davis House

Luther Henry Caldwell House

R.C. Lawrence House

Huggins/Star Shoe Shop

African American Cultural Center

Pure Oil Station (Lees)

Churches A

First Baptist Church

Old City Hall

Chestnut Methodist Church

Lumberton and Dresden Mills Office

First Presbyterian Church

McNeill Building

National Bank of Lumberton

Bank of Lumberton (Former)

McLeod Building (Pastime Theatre)

Courthouse

Confederate Monument

Proctor Law Office/Historic Robeson

Spanish Revival

Barnes-Stephens Building

Farmer and Merchants Bank

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Other Cultural Resources A

Library

Exploration Station

Appendix

MAP A.26 DOWNTOWN CULTURAL RESOURCES

D B

Q O N

P S T B

G H

M L K J

C I A

500 FEET

B B

Area Boundary

Local Historic Sites

Streets

National Historic Sites

Railroad

Churches

Lumberton Commercial Historic District Boundary* (National Register of Historic Places 1989)

City Hall & County Courthouse *The boundary shown for the Lumberton Commercial Historic District Boundary is an approximate outline that was recreated for illustrative purposes.

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Appendix

DOWNTOWN ENTERTAINMENT SHOP DINE

Establishments for shopping, dining and entertainment are key components for increasing the viability of downtown. The list below and the map to the right display existing establishments for those uses in the planning area.

Entertainment

7 Downtown Events Yearly Theatre 12 CCC Average Monthly Events 4 Recreation & Culture Facilities 3 Groceries / Farmer’s Market 9 Retail Establishments 5 Eateries (All close before/by 6pm)

(1 of 5 full service, open til 10PM)

Seasonal Events in the Plaza

Exploration Station

Seasonal Events in the City Parking Lot

Carolina Civic Center Theater

Senior Center

African American Cultural Center

Robeson County History Museum

Shopping A

Washington’s Mens Store

Sweet Candy Cafe

House of Quality

Riverside Antiques and Things

Pawn Shop

It’s Worth It Thrift Store

Southern Upholstery

Sassy Gals Florist and Gifts

Downtown Coffee and Ice Cream

IGA Grocery

Downtown Farmer’s Market

Discount Grocery Store

Dining

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Adelio’s Downtown

An-Mae’s Snack Shop

Denise’s Culinary Creations

The Jade Vine

TJ’s Grill

Appendix

MAP A.27 DOWNTOWN ENTERTAINMENT SHOP DINE

C B

I C

D E

L F

C D

A A

B G

500 FEET

Area Boundary

Shopping Opportunities

Major Roads

Dining Opportunities

Parcels

Entertainment Opportunities

City Hall & County Courthouse

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Appendix

BUILDING HEIGHT LIMITS

Building height limitations for the City are defined by the Cityâ&#x20AC;&#x2122;s Zoning Ordinance. The below map shows the generalized building height limits within the planning area. MAP A.28 BUILDING HEIGHT LIMITS

City Hall

500 FEET

Area Boundary

85 Foot Height Limit

Central Business District

35 Foot Height Limit

City Hall & County Courthouse

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Appendix

PRIMARY FIRE DISTRICT BOUNDARY

In North Carolina, wood frame construction is not allowed within a Cityâ&#x20AC;&#x2122;s adopted primary fire district. Many municipalities across the state have reduced the extent of their primary fire district boundary to encourage the construction of five to six story mixed use development within their downtowns. MAP A.29 DOWNTOWN FIRE DISTRICT

City

Courthouse

500 FEET

Area Boundary Fire District City Hall & County Courthouse

Building Footprints Parking Lots

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Appendix

FLOOD PLAIN

The majority of downtown is not located within the 100-year flood zone as indicated on the map below.

MAP A.30 LUMBERTON AREA - 100-YEAR FLOOD ZONE

1 MILE

Downtown 100-Yr. Flood Zone

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Appendix

REDEVELOPMENT CONSIDERATIONS

This map displays the small areas within downtown that are within the 100-year flood plain. As displayed below, the majority of the downtown area is outside the 100-year flood zone and prime for development/ redevelopment. MAP A.31 DOWNTOWN 100-YEAR FLOOD ZONE

City Hall

Courthouse

500 FEET

Area Boundary Building Footprints

City Hall & County Courthouse

Parking Lots

100-Yr. Flood Zone

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This page was intentionally left blank.

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Appendix

EXAMPLE DOWNTOWN DESIGN GUIDELINES

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Appendix WORKING DRAFT – Downtown Design District (Appendix D)

March 31, 2017

1.1 Downtown Design District 1.1.1 Applicability The standards of Section apply to all buildings in the Downtown Design District. The standards are intended to maintain Downtown Lumberton’s historic character and ensure that infill development is compatible. For the purposes of this Section, building wall types are defined as follows: (A)

Primary/Front Façade Any building wall plane which is oriented toward a street right-of-way and contains the primary building entrance. FIGURE X.X: PRIMARY/FRONT FACADE

(B)

Secondary/Corner Side Facade Building wall planes that do not contain the primary entrance to the building (but may contain a secondary entrance) and face a secondary street right-of-way on a corner lot. FIGURE X.X: SECONDARY /CORNER SIDE FACADE

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Appendix WORKING DRAFT – Downtown Design District (Appendix D)

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1.1.2 Guidelines for National Register Historic Districts: Secretary of the Interior’s Standards for Rehabilitation A portion of the Central Business District is in a National Register Historic District. In general, the Secretary of Interior’s Standards for Rehabilitation are recommended when repairing, adding on, or rehabilitating existing buildings in the downtown, especially if the owner of the building wishes to utilize rehabilitation tax credits. These standards are located in Appendix B for reference purposes. 1.1.3 Building Orientation Building orientation refers to how the structure is placed on a property, with particular focus on the primary façade of the structure. (A)

Structures shall be oriented so that their primary façade faces, and is parallel with, the principal street on which they are located.

(B)

On corner lots both facades shall be oriented so that they face, and are parallel with, the adjoining streets. FIGURE X.X: BUILDING ORIENTATION

The illustrations above demonstrate the proper orientation of buildings parallel to the primary and secondary streets.

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1.2 Building Height (A)

The minimum clear interior height of the first story of building, as measured from the finished floor to the bottom of the second story floor plate shall be 14 feet.

(B)

New buildings shall have a minimum height of two (2) habitable stories. FIGURE X.X: BUILDING HEIGHT

New one story buildings are not allowed.

First Floor Interior Height 14’

The illustrations above demonstrate minimum height of the first floor and building heights that are in the correct and incorrect range compared to the scale of the other buildings on the street. Maximum overall building heights for the B-1 are set forth in Section X.X (reference Lumberton Zoning Ordinance).

1.2.1 Building Massing and Scale A building’s mass defines its relationship to other structures and the street, as well as contributes to an area’s identity. Neighboring buildings of similar size and massing work together to create a pleasing streetscape and provide consistency between adjacent buildings with different designs. A building’s scale refers to its perceived size in relation to a person (i.e., human scale) or neighboring structures (i.e., architectural scale). Adjacent buildings sharing human-scaled architectural elements (e.g., windows, doors, porches, vestibules, stoops, awnings at entrance level, other ground-level pedestrian amenities) help establish an inviting, pedestrian-oriented streetscape. The following standards regarding massing and scale shall be met:

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(A)

New construction on lots that are significantly wider than adjacent existing lots shall utilize a design that divides and proportions the building to replicate the massing and scale of adjacent buildings.

(B)

Where other buildings within 250 feet on the same side of the street and within the same block occupy the full width of the lot b at the front build-to line, the new construction shall occupy the full width of the lot at the build-to line between the side lot lines unless sufficient width exists to provide driveway or pedestrian access to a rear parking area. Such pedestrian access shall be a minimum of six (6) feet wide. FIGURE X.X: MASSING AND SCALE

Infill Lot

Acceptable

Not Acceptable The illustrations above demonstrate acceptable and unacceptable building massing in an infill situation.

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Infill Lot

Acceptable

Not AcceptableTaller gabled parapet and lack of second floor windows The illustrations above demonstrate acceptable and unacceptable architectural scaling in an infill situation.

Infill Lot

Acceptable

Not Acceptable The illustrations above demonstrate acceptable and unacceptable building width in an infill situation.

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Appendix WORKING DRAFT – Downtown Design District (Appendix D)

March 31, 2017

1.2.2 Building Façade Articulation The use of architectural features and detailing on a building facade helps to define the scale and massing of a building. Elements should proportion a structure into a discernible base, middle and top, with an emphasis on accentuating the human scale along the facade of the ground story to create an inviting environment for pedestrians. The following building façade articulation requirements shall apply to all new construction: (A)

Architectural features and ornamentation shall be required on all facades of a building facing a public street to provide articulation and define the scale of the building.

(B)

No primary or secondary/side corner façade shall have a length of wall greater than 10 feet without doors, windows, or horizontal articulation feature (as described in Subsection D) are prohibited.

(C)

Buildings shall be vertically articulated by using a minimum of three (3) of the techniques listed below and depicted in the following Figure: (1) (2) (3) (4) (5) (6) (7) (8)

Using different colors of materials along the vertical wall plane, with darker colors used on lower surfaces and lighter colors used on higher surfaces Providing a mid-level cornice. Recessing upper stories on multi-story buildings Using stepped parapet walls Providing towers or similar features that extend vertically above the top of the building wall Varying the height of different portions of a building Using distinct masonry patterns or inlays that extend vertically along the building wall Using piers or engaged columns that extend vertically along the building wall

(D) Building walls shall be horizontally articulated in a manner that provides visual interest and emphasizes the human scale by using two (2) or more of the below referenced techniques, or by an equally effective method that achieves the stated goal: (1) (2) (3) (4)

Awnings Trellises Arcades Transom Windows

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(5) Decorative masonry patterns (6) Decorative metalwork (7) Decorative inlays of brick, masonry, wood, stone or tile

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Appendix

WORKING DRAFT – Downtown Design District (Appendix D)

March 31, 2017

FIGURE X.X: FAÇADE ARTICULATION

The diagram above illustrates the different features of a downtown building façade that may be incorporated in to new construction as appropriate.

Articulated facade

Unarticulated facade

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1.2.3 Roof Form (A)

The predominant roof from of all other buildings within 250 feet on the same side of the street and within the same block shall be the roof form used for new construction. For flat roofs, parapets walls are required on any façade facing a public street.

(B)

Parapets walls shall extend a minimum of two (2) feet above the top of the building wall, but shall not extend more than five (5) feet above the main building wall.

(C)

Parapet wall height for adjoining buildings with the same number of stories shall vary by a minimum of two (2) feet and a maximum of five (5) feet. Stepped or vertically articulated parapet walls may exceed these height limitations within the middle 30 percent of the building facade, but in no case shall the highest point of a stepped parapet exceed eight (8) feet in height above the main building wall.

(D) Exposed gutters and downspouts are prohibited on the primary façade of a building. (E)

Gutters, downspouts and scuppers shall be placed so that they are concealed from view from the primary façade or secondary facades that front on a public sidewalk. FIGURE X.X: ROOF FORM

The diagrams above illustrate the maximum parapet height (left) and the relationship of adjoining parapet walls and how they come together to form a varied roof line along the block of buildings.

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WORKING DRAFT â&#x20AC;&#x201C; Downtown Design District (Appendix D)

1.2.4 Materials and Color (A)

(B)

Primary Materials (1)

A minimum of 75 percent of primary and secondary facades shall be clad architectural quality, individually set, naturally colored brick, granite, limestone, marble or similar slab or block stone are allowed for use on the primary surfaces of exposed building facades.

(2)

Brick shall be applied in a manner that emphasizes the storefront, window openings, projecting lentils, corbeling adjacent to and/or as a part of the cornice features, building piers, and other ornamental features.

(3)

Brick shall be applied in a manner that adds interest to the faĂ§ade by utilizing masonry techniques that vary the patterns of brick through the use of a variety of brick course patterns and designs.

(4)

Special attention shall be given to corners to ensure the brick course work is wrapped in a continuous manner along all sides of the building.

(5)

No more than two (2) styles of brick may be utilized on a facade.

(6)

Where there are multiple exposed facades facing public streets, the same course patterns, brick styles and other characteristics shall be applied equally to each facade.

(7)

Rear facades may be designed without any architectural detailing, but shall use the primary building materials.

Secondary Materials Treated wood, stacked stone, exterior quality tile, stucco or EIFS, cast or preformed concrete and architectural grade metal may be utilized on building surfaces where the primary cladding materials are not applied, provided that such materials (excluding glazed areas) do not exceed 25 percent of the surface area of the facade

Brick faĂ§ade with formed concrete accents

Stucco/EIFS facade

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Appendix WORKING DRAFT – Downtown Design District (Appendix D)

(C)

March 31, 2017

Lintels If exposed lintels are used in construction, they shall be made of stone or brick, and shall project a minimum of three (3) inches from the surface of the building

(D) Cornices (1) Upper story and mid-level cornices may be included on the primary building façade. (2) Cornices may be constructed of brick, architectural grade metal or cast concrete. (E)

Inlays (1) The primary building surface may include decorative inlays that do not total more than 10 percent of the primary façade surface area. (2)WORKING Inlay materials may include, natural stone, materials. DRAFT – Downtown Designtile, District (Appendix D) decorative glass, or similar March 31, 2017 FIGURE X.X: EXTERIOR MATERIALS

The illustrations above depict appropriate primary (left) and secondary (right) material locations on an example building.

Lintel

The figures above show examples of lintels (top left), inlays (bottom left), and cornices (right). The example cornices are City of Lumberton, NC | 11 (top to bottom) brick, cast concrete, and metal.

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(F)

Color (1)

Brick and stone shall be unpainted and naturally colored. Brick may only be painted to maintain the historic integrity of existing buildings

(2)

Where existing brick buildings have been painted, the primary surfaces of the buildings may only be repainted with low reflectance, earth tone, muted, subtle, and neutral colors. The use of high-intensity, metallic, fluorescent, or neon colors is not permitted.

(3)

Secondary materials may be painted.

Brick façade with bright accents

High-intensity colors on whole facade

FIGURE X.X: BUILDING COLOR

The figure above shows the appropriate use of primary and accent colors on primary and secondary surfaces of the building façade.

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1.2.5 Storefront Design The storefront is the public face of a building and the most prominent feature at the pedestrian scale. A storefront designed to be open and inviting will help to welcome patrons inside, while a storefront that is hardened presents the opposite message. Most storefronts have an abundance of glass, which is a contributing factor in good storefront design since the openness of the glass invites browsing and allows pedestrians to see interior activity. Good storefront design also allows for pedestrians to be able to view the interior of the building from the main portion of the sidewalk. Therefore, excessively recessed storefronts are discouraged since they require a passerby to leave the main sidewalk to see clearly into the storefront. The following storefront design standards requirements shall apply to all new construction and reconstruction of storefronts: (A)

Buildings shall be designed so that the majority (greater than 50 percent) of the width of the storefront wall is located immediately adjacent to the public sidewalk. Storefronts shall run the length of the first floor facade between the exterior building piers.

(B)

No more than 20 percent of the storefront wall may be recessed beyond eight (8) feet from the public sidewalk.

(C)

Storefront design shall be proportional to that of other buildings within the same block on the same side of the street without being an exact replication of those buildings.

(D) Bulkheads should be neither too high, blocking the view of pedestrians, nor too low, so that a completely glass walled storefront is created. Bulkheads shall be constructed along all storefront areas, excluding customer entrances. Bulkheads shall be a minimum of 24 inches and maximum of 36 inches in height. Bulkheads may be constructed of brick, wood, or a combination of those two materials. Bulkheads shall include architectural detailing such as inlays, trim, changes in color or changes in material. (E)

A minimum of 70 percent and maximum of 90 percent of the surface area of the storefront shall consist of transparent glass between a height of two (2) feet and 10 feet above the grade of the adjacent sidewalk. Glass block does not count toward this requirement.

(F)

Reflective or opaque glass is prohibited.

(G) Permanent bars, gates, shutters, fencing or other barrier materials are prohibited on the exterior of a primary facade. Security gates may be used after business hours.

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FIGURE X.X: STOREFRONT DESIGN

Properly Sized Bulkhead

Improperly Sized Bulkhead

The

diagram above illustrates the proper glazing ratio for a storefront design.

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These illustrations are examples of acceptable storefront designs that demonstrate diversity of design while still meeting the standards of this section.

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WORKING DRAFT â&#x20AC;&#x201C; Downtown Design District (Appendix D)

1.2.6 Upper Story Windows (A)

Upper story windows shall have a minimum height to width ratio of two to one (2:1) and a maximum height to width ratio of three to one (3:1).

(B)

Windows shall have the appearance of operable double hung windows.

(C)

Upper story windows should align horizontally with windows on the same story and be centered on windows below.

(D) Only transparent, non-mirrored glass shall be used. (E)

A minimum of 30 percent of the linear width of each upper floor shall contain glazed area. FIGURE X.X: UPPER STORY WINDOWS

Acceptable Upper Story Window

Unacceptable Upper Story The diagrams above illustrate proper alignment of upper story windows with first floor windows (left) and a properly designed upper story window (right).

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ACCEPTABLE: The illustrations above show examples of acceptable upper story windows.

NOT ACCEPTABLE: The illustrations above show examples of unacceptable upper story windows.

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Appendix

WORKING DRAFT â&#x20AC;&#x201C; Downtown Design District (Appendix D)

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1.2.7 Entrances From a pedestrian point of view, doors and entranceways are one of the most obvious and recognizable building features. The door and entranceway is a gateway to building interior and therefore it is important that the entrance be perceived as a cohesive element of the storefront faĂ§ade and not as a separate entity. (A)

Primary entrances of first floor uses shall face the primary street frontage, while secondary entrances may face parking areas or secondary street frontages.

(B)

On primary and secondary street frontages, the surface area of primary and secondary entrances to first floor uses shall have a minimum glazed area of 70 percent.

(C)

Only transparent glass is permitted. Reflective or opaque glass is prohibited. FIGURE X.X: ENTRANCES

Acceptable Entrance Doors

Unacceptable Entrance Doors The diagrams above illustrate well designed building entrances (left) and a properly designed entrance doors (right).

1.2.8 Awnings and Canopies Awnings and canopies can serve several functions such as stimulating visual interest, protecting pedestrians from weather, and shielding items from sun damage in storefront displays. City of Lumberton, NC | 19 Lumberton Downtown Master Plan

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Awnings are recommended to provide visual interest and protect pedestrians from inclement weather. Awning shall meet the following standards: (A)

Awnings shall not extend in width past the storefront area into the building piers. Awning shape shall relate to the window or door opening. Barrel shaped awnings should be used to complement arched openings while rectangular awnings should be used on rectangular openings.

(B)

When there are multiple storefronts, awnings/canopies should correspond in size, color, and material. Buildings with multiple storefronts shall use separate awnings for each storefront.

(C)

Awnings and canopies shall not block architectural features, including transom windows, and shall be attached to the vertical wall and lead to the public entrance.

(D) Awnings shall protrude at least three (3) feet from the building faĂ§ade and shall be at least eight (8) feet above the grade of the sidewalk. (E)

Rectangular awning

Barrel awning

Acceptable materials include woven cloth, canvas or architectural metal. Awnings shall be a shade of black or any other accent color that is low reflectance, earth tone, muted, subtle, and neutral colors. The use of high-intensity, metallic, fluorescent, or neon colors is not permitted. Backlighting of awnings is not permitted.

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FIGURE X.X: AWNINGS

The diagram above illustrates the minimum awning depth and clearance.

Acceptable placement

Unacceptable placement beyond storefront

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1.2.9 Lighting (A)

Building mounted lighting may be used to draw attention to window displays, signs, store information and a building’s architectural details.

(B)

Building mounted lighting shall provide particular focus on the architectural integration of lighting into the overall design of the structure.

(C)

Lighting shall be directed onto the display or building element not onto the street or adjacent properties.

(D) Lighting fixtures shall complement the architectural elements within the existing façade. (E)

Framing window displays or other architectural features of the building with neon or tube lighting is not permitted.

(F) Lighting shall be in full compliance with all other outdoor lighting provisions, as set forth in Section X.X.

Neon-framed windows

1.2.10 Mechanical and Utility Equipment (A)

In order to conceal utility equipment from public view, it shall be integrated with the building structure by either placing or mounting it directly to the structure and located in such a manner that it is not visible from a public street.

(B)

Utility equipment may be screened through the use of parapet walls or architecturally integrated screen walls.

1.2.11 Maintenance and Repair of Existing Historic Structures Refer to the Secretary of Interior’s Standards for Rehabilitation as a resource for the maintenance and repair of existing historic structures.

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Appendix

EXAMPLE COMMERCIAL PROPERTY MAINTENANCE CODE CITY OF WILSON, NC

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Appendix

Chapter 39 - COMMERCIAL MAINTENANCE CODE[1] Footnotes: --- (1) --Editor's note— Ord. No. O-007-10, § 1, adopted Feb. 18, 2010, amended Ch. 39 to read as set out herein. Former Ch. 39 pertained to abandoned structures and derived from Code 1969, §§ 36½-1—36½8. Cross reference— Health and sanitation, Ch. 17; buildings and structures generally, Ch. 40. State Law reference— Dangerous buildings, G.S. 160A-425 et seq.

ARTICLE I. - TITLE

Sec. 39-1. - Title. This code shall be known as the "Commercial Maintenance Code," may be cited as such, and will be referred to herein as "the code."

(Ord. No. O-007-10, § 1, 2-18-10) ARTICLE II. - PURPOSE AND SCOPE

Sec. 39-2. - Purpose. It is hereby found that there exists within the city abandoned structures, which the city council finds to be hazardous to the health, safety and welfare of the residents of the city due to: (1) The attraction of insects or rodents. (2) Conditions creating a fire hazard. (3) Dangerous conditions constituting a threat to children. (4) Frequent use by vagrants as living quarters in the absence of sanitary facilities. Therefore, pursuant to the authority granted by G.S. 160A-441 et seq., it is the intent of this chapter to provide for the repair, closing, or demolition of any such abandoned structures. It is the purpose of the provisions of this code to provide a just, equitable and practical method, whereby commercial buildings or structures which from any cause, endanger the life, limb, health, property, safety, or welfare of the general public or their occupants, diminish property values or detract excessively from the appropriate appearance of the commercial area, may be required to be repaired, vacated or demolished. It is the further purpose of this code to preserve the character and integrity of the community and to promote the comfort, happiness and safety of community residents. It is the further purpose of this code to minimize discordant, unsightly and offensive surroundings while preserving beauty as well as the usefulness of the environment. The provisions of this code are cumulative with and in addition to any other remedy provided by law including the current editions of standard codes adopted by the City of Wilson, North Carolina.

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Appendix Special emphasis shall be placed on Volume IX-Existing Buildings of the N.C. State Building Code and the most recent edition of the N.C. State Rehabilitation Code (or any codes that may replace these volumes) regarding repair standards and requirements for life-safety. The objective of the Existing Buildings Code is "...to promote the safe continued use and re-use of existing buildings."

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-3. - Scope. The provisions of this code shall apply to all commercial buildings or other nonresidential structures, which are now in existence or which may be built or amended. Residential structures will fall under enforcement of the Minimum Housing Code for the City of Wilson. For combination structures, both codes would apply.

(Ord. No. O-007-10, ยง 1, 2-18-10) ARTICLE III. - DEFINITION OF TERMS

Sec. 39-4. - General definitions and interpretations. Unless specifically defined in section 39-5, words used in the Commercial Maintenance Code shall have their respective customary dictionary definitions. For the purpose of these regulations certain words, terms or phrases used herein are interpreted and defined as follows: Words used in the present tense shall include the future tense. Words used in the singular shall include the plural and words used in the plural shall include the singular. The words "shall" and "will" always indicate mandatory. The words "should" and "may" always indicate optional. The word "lot" includes the words "plot" and/or "parcel". The word "building" includes the word "structure". The word "person" includes a "firm, association, organization, partnership, trust, company, corporation and/or individual." The word "use" includes the terms "arranged, designed, and/or intended" for a use, activity and/or purpose. The term "zoning map" shall always indicate the official zoning map of the City of Wilson, North Carolina. The term "city board" shall always indicate the City Council of the City of Wilson, North Carolina. The "board of adjustment or BOA" shall always indicate the Wilson Zoning Board of Adjustment. All other definitions contained in section 43-1 shall apply in the interpretation and enforcement of this chapter.

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-5. - Special definitions.

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Appendix The following special definitions apply to this Commercial Maintenance Code and its amendments plus any and all ordinances made a part of this Commercial Maintenance Code by reference thereto. Building: Any covered structure intended for shelter, housing or enclosure of persons, animals, facilities, equipment or chattels; the term "building" shall be construed to include the term "structure"; furthermore, it shall be construed as if followed by the term "or part thereof." Building, accessory: A detached subordinate building located on a lot, parcel or tract whose use is incidental to that of the principal building. A building cannot be considered accessory unless it accompanies a principal building on the same lot, parcel or tract. Building, principal: A building in which the principal use of the lot, parcel or tract is conducted. Building of historical value: A building within the City of Wilson which is listed on the National Register, or constituting special significance to the general citizenry of the City of Wilson due to age, history, architectural design, human occurrence, culture and possessing integrity of design, setting, materials, feeling and association. Building Code: The North Carolina State Building Code. Commercial business: Any business or enterprise which produces and/or offers for sale products and/or services which, in any manner, conducts commerce, within the Corporate Limits of the City of Wilson and its environs. Deterioration: The condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, rusting, peeling paint or other evidence of physical decay or loss of structural integrity. Fire hazard: (see also Nuisance) Any thing or act which increases, or may cause an increase of the hazard, likelihood or menace of fire to a greater degree than reasonable for the conduct of the commercial business on the premises, or which may unreasonably obstruct, delay or hinder, or may unreasonably become the cause of an obstruction, a delay, a hazard or an unreasonable hindrance to the prevention, suppression, or extinguishment of fire. Involuntary vacancy: An unoccupied nonresidential building structurally damaged as a result of fire, wind or other perils, through no fault of the owner, for which an insurance claim has been filed; provided that said vacancy shall not exceed one hundred eighty (180) days from the date that such damage occurred, after which said structure will be deemed an abandoned building as defined herein. Inspector: The person delegated as such by the City of Wilson. Mixed occupancy: Any building that is used for two or more occupancies classified by different occupancy use groups. Nuisance: (1) Any public nuisance known as common law or in equity jurisprudence, or as provided by the statutes of the State of North Carolina, or the ordinances of the City of Wilson; or (2) Any condition including an attractive nuisance which may prove detrimental to human health or safety whether in a building, on the premises of a building, or part of a building or upon an occupied lot; or (3) Physical conditions dangerous to human life or detrimental to health of persons in, on or near the premises where the condition exists; or (4) Unsanitary conditions or conditions that are dangerous to public health, well being or the general welfare; or (5) Fire hazards or other safety hazards. Parties in interest: All individuals, associations and corporations that have interests of record in a building or any that are in possession thereof; or shall have charge, care or control of any building, as owner or agent of the owner, operator, or as executor, executrix, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the

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Appendix provisions of this code, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. Physical valuation: The estimated cost to replace the building in kind. Premises: A lot, plot, or parcel of land, including the buildings or structures thereon, under control by the same owner or operator, devoted to or zoned for non-residential use, together with all adjacent land. Sanitary sewer: Any sanitary sewer owned, operated and maintained by the City of Wilson and available for public use for the disposal of sewage. Sewage: Waste from a flush toilet, bathtub, sink, lavatory, dishwashing or laundry machine, or watercarried waste from any other fixture, equipment or machine. Structurally sound: Substantially free from flaw, defect, decay or deterioration to the extent that such structure or structural member is capable of adequately or safely accomplishing the purpose for which it was intended or designed. Structure, abandoned: Any structure, whether designed and intended for commercial or other uses, which is vacant or not in active use, regardless of purpose or reason, for the past two-year period, and which is determined by the Inspector to be unfit for occupancy based upon the standards as set forth in this code. Washrooms: Enclosed spaces containing one (1) or more bathtubs, showers, or both, and which also shall include toilets, lavatories, or fixtures serving similar purposes. Water closet compartment: Enclosed space containing one (1) or more toilets, which may also contain one or more lavatories, urinals, and other plumbing fixtures.

(Ord. No. O-007-10, ยง 1, 2-18-10) ARTICLE IV. - APPLICABILITY AND COMPLIANCE

Sec. 39-6. - Applicability and compliance. Every commercial building or structure and the premises on which it is situated, used or intended to be used for commercial business occupancy, shall comply with the provisions of this code, whether or not such building shall have been constructed, altered, or repaired before or after the enactment of this code, and irrespective of any permits or licenses, which shall have been issued for the use or occupancy of the building, or for the installment or repair of equipment or facilities prior to the effective date of this code. This code establishes minimum standards for the initial and continual occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of the building, equipment or facilities contained therein, except as provided in section 39-7 herein. Where there is mixed occupancy, any commercial business use therein shall be, nevertheless, regulated by and subject to the provisions of this code.

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-7. - Higher standards to prevail in case of conflict. In any case where the provisions of this code impose a higher or lower standard than that set forth in any other ordinance of the city or under the laws of the State of North Carolina, then the higher standard shall prevail.

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Sec. 39-8. - Duty to comply. It shall be the duty of each and every owner, operator or other party in interest of a commercial building or premises within the City of Wilson or its environs, where applicable, to comply with the regulations and requirements set forth in this code. No license, permit or certification of occupancy shall be issued unless and until all applicable sections of this code have been complied with. No land or building or combination thereof, shall be used in a manner inconsistent with or in conflict with the requirements of this code.

(Ord. No. O-007-10, ยง 1, 2-18-10) ARTICLE V. - DUTIES AND RESPONSIBILITIES OF THE PARTY IN INTEREST

Sec. 39-9. - Duties and responsibilities of the party in interest. It shall be the duty and responsibility of the party in interest of commercial premises to see that said commercial premises under the control of the party in interest are maintained to ensure that: (1) The premises are free of all nuisances and any hazards to the safety of the occupants, customers or other persons utilizing the premises or to pedestrians and/or vehicles passing thereby, specifically including, but not limited to, the following conditions in such building: a.

Interior walls or vertical studs which list, lean or buckle to such an extent as to render the building unsafe.

Supporting member or members which show thirty-three (33) percent or more damage or deterioration, or non-supporting, enclosing or outside walls or coverings which show twentyfive (25) percent or more of damage or deterioration.

Floors or roofs which have improperly distributed loads, which are overloaded or which have insufficient strength to be reasonably safe for the purpose used.

Such damage by fire, wind or other causes as to render the building unsafe.

Dilapidation, decay, unsanitary conditions or disrepair, which is dangerous to the health, safety or general welfare of the occupants or other people in the City.

Inadequate or obstructed facilities for egress in case of fire or panic.

Defects significantly increasing the hazards of fire, accident or other calamities.

Lack of adequate ventilation, light, heating or sanitary facilities to such extent as to endanger the health, safety or general welfare of the occupants or other residents of the city.

Lack of proper electrical, heating or plumbing facilities required by this code, which constitutes a health or a definite safety hazard.

Violation of the City Fire Code or other conditions constituting a fire hazard in such building or on the premises such, as, by way of example and not limitation, the accumulation of garbage, rubbish or other combustible material.

Garbage, trash or rubbish in or near the structure or on the premises, which is likely to attract vermin, rodents or insects or become a breeding place for vermin, rodents or insects.

(2) The premises are free of loose and overhanging objects, which, by reason of location above ground level, constitute a danger of falling on persons on the premises or in the vicinity thereof. (3) The premises are free of holes, excavations, breaks, projections, or obstructions on walks, driveways, parking lots and parking areas, and other parts of the premises, which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and

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Appendix repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsafe conditions with reasonable dispatch by the owner upon their discovery. (4) The exterior of the premises and structure is in good repair and free from deterioration so as not to constitute a nuisance. (5) All surfaces shall be maintained free of cracked or broken glass, loose shingles, loose wood, crumbling stone or brick, loose or broken plastic or other dangerous objects or similar hazardous conditions. (6) All floors, interior walls and ceilings of every structure shall be structurally sound and shall be maintained in a good condition compatible with its business use, and where open to the public shall be maintained in a condition so as not to constitute a hazard to the public. (7) Structures attached or unattached to the principal commercial structure, which are found by the Inspector to be structurally deficient, shall be properly repaired or demolished. (8) All existing objects and elements on and protruding from building walls and roofs and surrounding premises, such as empty electrical or other conduits, unused sign brackets or other protrusions shall be removed, or otherwise made safe. WALLS (9) All foundation walls shall be kept structurally sound, and capable of bearing imposed loads safely. (10) Where a wall of a building has become exposed as a result of demolition of adjacent buildings, said wall must have all doors, windows, vents or other similar openings secured with material of the type comprising the wall. No protrusions or loose material constituting a hazard to persons upon the premises shall be in the wall. The exposed wall shall be painted, stuccoed or bricked so as not to detract from the aesthetics and value of adjacent property and weatherproofed if necessary to prevent deterioration of the wall. (11) All exterior surfaces, which have been painted, shall be maintained free of peeling and flaking paint or stucco. Where thirty-three (33) percent or more of the aggregate of any painted or stuccoed wall shall have peeling or flaking paint or stucco worn away, the entire wall shall be scraped and repainted or recovered with stucco. WINDOWS (12) All windows must be tight fitting and have sashes of proper size and design. Sashes with rotten wood, broken joints, or broken or loose mullions shall be replaced. All broken and missing windows shall be replaced with glass. All exposed wood shall be repaired. (13) All windows shall be maintained free of broken glass. Where a window glass larger than four (4) square feet becomes cracked to an extent that the largest single portion of the window free of a crack is less than eighty (80) percent of the total surface area of the window glass, the window glass shall be repaired or replaced by a pane free of cracks. (14) All openings originally designed as windows shall be maintained as windows, complete with sills, lintels, frame and glass, unless specifically approved by the inspector for enclosure. Where the inspector approves the enclosure of a window, it must be so enclosed by either bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior to prevent water intrusion and painted or stained to properly conform with the other exterior portions of the building. (15) All exterior surfaces, which require paint or sealing in order to protect the underlying surface from deterioration, shall be so painted or sealed. SIGNS/AWNINGS (16) All advertising structures and awnings and their accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. All nonoperative/obsolete signs shall be repaired or shall, with their supporting members, be removed

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Appendix forthwith. In the event such signs, billboard, marquee or awnings are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event such awnings or marquee are made of cloth, plastic or of a similar material, such awnings or marquee shall be maintained so as not to show evidence of tearing, ripping, or other holes, which diminish their function and cause unsightly conditions. Whenever an advertising structure or awning is removed, all supporting members shall be removed within two (2) years of adoption of this code, and thereafter, immediately upon removal of any such advertising structure or awning. Nothing herein shall be construed to authorize any encroachments on streets, sidewalks, or other parts of the public domain by signs. WASHROOMS (17) All washrooms and water closet compartment floors shall be surfaced with water-resistant material and shall be kept in a dry and sanitary condition at all times. (18) All washrooms shall be provided with permanently installed artificial lighting fixtures with a switch and wall plate so located and maintained that there is no danger of short circuiting from water from other bathroom facilities or from splashing water. GARBAGE AND MATERIALS (19) There shall not be stored or allowed to accumulate flammable or combustible liquids or other materials on the premises unless they are of a type approved for storage by the regulations of the National Fire Protection Association, and then only in such quantities as may be prescribed by the regulations. (20) No garbage or solid waste shall be stored or allowed to accumulate on the premises unless contained in trash receptacles, which are in accordance with the Municipal Code of the City of Wilson. APPURTENANCES (21) All chimneys, flues and vent attachments thereto shall be maintained structurally sound. Chimneys, flues, gas vents or other draft-producing equipment, which are in use, shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases. (22) All exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair and free of defects. (23) All cornices shall be made structurally sound. Rotten or weakened portions shall be removed and/or replaced to match as closely as possible the original patterns. All exposed wood shall be painted. (24) Gutters and downspouts shall be replaced or repaired as necessary, securely installed, and appropriately located so as not to cause a hazard to pedestrian or vehicular traffic. (25) Where a parking lot is constructed as part of a commercial business or as a business itself and covered by an impermeable surface, the parking lot and all curbing, surfacing, sidewalks, and other parts thereof shall be maintained free of broken/cracked surfaces, holes or other similar conditions. All commercial parking lots so described herein shall be repaired or replaced with like material. (26) Where landscaping has been incorporated in the development plan of a commercial business (or where landscaping has been required by the city as part of a development plan, including parking plan, the landscaped areas shall be maintained in a manner to equal and reflect the original landscaping approved for the development plan. (27) Where curb cuts are abandoned due to new construction, change of access or general discontinuation of use, said curb cut shall be closed and replaced with a standard sidewalk and curb and gutter arrangement in accordance with city regulations and policies.

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(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-10. - Regulations of duties and responsibilities to occupancy. The provisions of this code that apply to the exterior or exterior components of a structure of building shall be complied with whether the structure or building is occupied or vacant. All unoccupied or vacant structures or buildings shall be secured by any party in interest to prevent the entry of unauthorized persons or the occurrences of conditions not permitted by law.

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-11. - Duties and responsibilities of the parties in interest. It shall be the duty and responsibility of the parties in interest to ensure that: (1) All parts of the premises under the control of the parties in interest shall be kept in a safe and sanitary condition consistent with the business use and the parties in interest shall refrain from performing any acts which would render any parts of the premises unsafe or unsanitary or which would obstruct, interfere with or prevent adjacent parties in interest from performing any duty required, or from maintaining their premises in a safe and sanitary condition. (2) Every party in interest shall be responsible for the elimination of infestation in and on the premises. (3) Every party in interest shall maintain all plumbing fixtures in a safe and sanitary condition. (4) No garbage or solid waste shall be stored or allowed to accumulate on the premises for a period greater than seven (7) days unless contained in a trash receptacle(s), which is in accordance with the Municipal Code of the City of Wilson. (5) Damage to public sidewalks and/or curb and gutter located in the public right-of-way shall be repaired or replaced at no expense to the city when such damage is caused by vehicles making deliveries to the business under the control or direction of the parties in interest. (6) Where the owner would not otherwise know of a defect of any building, portion of building or of any facility, utility or equipment required to be furnished hereunder and the same is found to be defective or inoperable, the party in interest affected thereby shall, upon learning of such defect, immediately provide notice to the owner.

(Ord. No. O-007-10, ยง 1, 2-18-10) ARTICLE VI. - DEMOLITION OF COMMERCIAL BUILDINGS

Sec. 39-12. - Demolition of commercial buildings. Where a building is under the jurisdiction of the code, the building may be demolished by the owner provided that the following requirements are met: (1) Obtain a demolition permit from the City Building Inspection Department; (2) Obtain an asbestos inspection from a licensed asbestos services company; (3) Obtain asbestos permit from the Health Hazards Control Branch of the State Division of Epidemiology; (4) Remove and properly dispose of all asbestos containing materials (ACM's) by a licensed asbestos removal company;

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Appendix (5) Properly close off and disconnect all sewer, gas, water and similar taps or connections; (6) Grade the lot to a smooth, even, finished grade, free from building materials, debris, holes, and/or depressions. Where building debris remains on the site below street level, the owner must back fill the lot with no less than twelve (12) inches of clean fill which shall be graded to a smooth, even finished grade over any remaining debris; (7) Where walls of adjacent buildings become exposed as a result of the demolition, said walls must have all doors, windows, vents or other similar openings closed with material of the type comprising the wall. No protrusions or loose material shall be in the wall. The exposed wall shall be painted, stuccoed or bricked by such building's owner so as not to detract from the aesthetics and value of the adjacent property and weatherproofed, if necessary, to prevent deterioration of the wall.

(Ord. No. O-007-10, ยง 1, 2-18-10) ARTICLE VII. - UNSAFE BUILDINGS CONDEMNED

Sec. 39-13. - Scope. This section authorizes the demolition and removal of nonresidential buildings and structures as enacted by the General Assembly of North Carolina.

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-14. - Findings (unsafe buildings condemned). Pursuant to G.S. 160A-426 (Unsafe Buildings Condemned) every building, which shall appear to the Inspector to be dangerous to life because of its propensity for fire or because of defective condition of walls, roof systems, floor systems, overloaded floors, defective construction, decay, unsafe wiring or heating system, inadequate means of egress, or other causes, shall be deemed or ruled to be unsafe and the inspector shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of said building. (1) Nonresidential building or structure. The inspector may declare a nonresidential building or structure within a "Community Development Target Area" to be unsafe if it meets both of the following conditions: a.

It appears to the inspector to be vacant or abandoned.

It appears to the inspector to be in such dilapidated condition as to cause or contribute to blight, disease, vagrancy, fire or safety hazard, to be a danger to children, or to tend to attract persons intent on criminal activities or other activities, which should constitute a public nuisance.

If the inspector declares a nonresidential building or structure to be unsafe, the Inspector must affix a notice of the unsafe character of the structure (condemnation) to a conspicuous place on the exterior wall of the building. For the purposes of this subsection, the term "community development target area" means a "nonresidential development area" under G.S. 160A-503(10).

(Ord. No. O-007-10, ยง 1, 2-18-10)

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Sec. 39-15. - Action in event of failure to take corrective action. If the owner of a building or structure that has been condemned as unsafe pursuant to G.S. 160A-426 shall fail to take prompt corrective action, the inspector shall give the owner written notice by certified or registered mail to his last known address or by personal service. (1) That the building or structure is in a condition that appears to meet one or more of the following conditions: a.

Constitutes a fire or safety hazard;

Is dangerous to life, health or other property;

Is likely to cause or contribute to blight, disease, vagrancy, or danger to children;

Has a tendency to attract persons intent on criminal activities or other activities, which would constitute a public nuisance;

(2) That a hearing will be held before the Inspector at a designated place and time, not less than ten (10) days or more than thirty (30) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by a representative to present arguments and evidence pertaining to the matter; and (3) That following the hearing, the Inspector may issue such order to repair, close, vacate or demolish the building or structure as appears appropriate. If the name or whereabouts of the owner cannot, after due diligence be discovered, the notice shall be considered properly and adequately served if a copy thereof is posted on the outside of the building or structure in question at least ten (10) days prior to the hearing and a notice of the hearing is published in a newspaper having general circulation in the cty at least once not later than one week prior to the hearing.

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-16. - Order. If, after a notice and hearing, the Code Enforcement Officer determines that the building under consideration has been damaged to the extent of the standards herein set forth, he shall state in writing his findings of facts in support of such determination, stating whether said building has been damaged to the extent set forth in this Article and shall issue and cause to be served upon the owner thereof an Order requiring that: (1) If the repair, alteration or improvement of said building, bringing it up to the standards described herein, can be made at a cost less than fifty (50) percent of the present value of the building, the Order shall require the owner, within a specified period of time, to repair, alter or improve such building so as to render it fit for occupancy. Such Order may also direct and require the owner to vacate and close the building until the repairs, alterations and improvements have been made and/or the unsafe and dangerous character of such building has been corrected. Windows may only be secured by boards for a period of twelve (12) months following the order of the Code Enforcement Officer. Boarding of properties must be in compliance with all requirements of the City Inspections Department. (2) If the repair, alteration or improvement of said building bringing it up to the standards described herein cannot be made at a cost of less than fifty (50) percent of the present value of the building, the Order shall require the owner, within a specified period of time, to demolish and remove or, within the discretion of the Code Enforcement Officer, repair and secure such building. Any building or premises damaged by fire, storm, collapse, an act of nature, wear and tear, or natural deterioration to such an extent that it constitutes an imminent or immediate threat to the safety and/or health of its occupants or to the safety of the general citizenry shall be removed immediately. Said finding of imminent or immediate threat shall be by the Fire Chief or by the Code Enforcement Officer and shall be based on the structural integrity of the building or Lumberton Downtown MasterPage Plan10| 91

Appendix premises. Windows may only be secured by boards for a period of twelve (12) months following the order of the Code Enforcement Officer. Boarding of properties must be in compliance with all requirements of the City Inspections Department. Nothing in this section shall be construed to impair or limit in any way the power of the City to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Buildings of historical value may be granted exemption from this section by Historic Preservation Commission Staff. In granting an exemption the Historic Preservation Commission Staff must make a finding that the building is a building of historical value to the City, that the owner will repair the damage on a timely basis, with commencement not to exceed one (1) year, and that the building will be reconstructed and/or repaired in such a way as to keep the historical character of the building. Appeals of decisions of the Historic Preservation Commission Staff shall be made in writing within ten (10) days to the Historic Preservation Commission Board.

(Ord. No. O-007-10, § 1, 2-18-10; Ord. No. O-026-12, § 1, 5-17-12) Sec. 39-17. - G.S. 160A-432—Civil and Equitable Enforcement. (1) Civil enforcement. Whenever any violation is denominated a misdemeanor under the provisions of this part, the city, either in addition to, or in lieu of other remedies, may initiate any appropriate action or proceedings to prevent, restrain, correct or abate the violation or to prevent the occupancy of the building or structure involved. (2) Equitable enforcement. In the case of a nonresidential building or structure declared unsafe under G.S. 160A-426(b), the City of Wilson may in lieu of taking action under subsection (a), cause the building or structure to be removed or demolished. The costs incurred by the City of Wilson in connection with the removal or demolition shall be a lien against the real property upon which the cost was incurred. The lien shall be filed, have the same priority, and be collected in the same manner as liens for special assessments provided in article X of this chapter. If the building or structure is removed or demolished by the City of Wilson, the city may, in its sole discretion, reasonably exercise its right to sell the usable materials of the building and any usable property, fixtures or appurtenances found in or attached to the building. The City of Wilson shall credit the proceeds of the sale against the cost of the removal or demolition. Any balance remaining from the sale shall be deposited with the Clerk of Superior Court for Wilson County and shall be disbursed by the court to the person found to be entitled thereto by final order or decree of the court. (3) Non-limiting power of declaration. Nothing in this section shall be construed to impair or limit the power of the City of Wilson to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise. (4) Bond for repair or demolition. A performance bond or letter of credit may be required by the Inspector to insure completion of the required repairs or to cover the cost of securing and demolition of a structure. The amount of the bond or credit will be a minimum of one- and one-half times (1.5) the estimated cost of the required repairs or demolition. The bond or letter of credit must be drawn from an institution licensed to do business in North Carolina.

(Ord. No. O-007-10, § 1, 2-18-10) Sec. 39-18. - G.S. 160A-430—Appeal; Finality of order if not appealed. Any owner who has received an order under G.S. 160A-429 may appeal from the order to the Wilson City Council by giving notice of appeal in writing to the Inspector. In the absence of an appeal, the order of the inspector shall be final. The city council shall hear and render a decision in an appeal within a reasonable time. The city council may affirm, modify and affirm, or revoke the order.

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(Ord. No. O-007-10, ยง 1, 2-18-10) ARTICLE VIII. - INSPECTOR

Sec. 39-19. - Inspector appointment and duties. The inspector is hereby established and shall be the person delegated as such by the city council of the City of Wilson. It shall be the duty and responsibility of the inspector to enforce the Commercial Maintenance Code and to legally proceed against each and every person found in violation of the requirements of this code. All inspections, regulations and enforcement of violations of the provisions of this chapter, unless expressly stated to the contrary, shall be under the direction and supervision of the inspector. All buildings and premises as set forth in this code are subject to inspections by the inspector or his designated representatives. Upon presentation of proper identification and credentials to the owner, agent or occupant in charge of the property and/or premises, and securing his oral or written permission, the Inspector and/or his representative may enter and make such inspections as necessary and permitted by law. If permission for entry for the purpose of inspections is denied, and no emergency exists, the inspector shall, after presentation of probable cause, procure a court order or other writ for entry.

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-20. - Inspector appointment and duties. In cases of emergency where immediate and significant hazards are known to exist, which may involve potential loss of life or significant property damage, the above limitations will not apply. The inspector shall have such powers as may be necessary to carry out and effectuate the purposes and provisions of this code, including, without limiting the generality of the foregoing, in addition to others herein granted, the following powers: (1) Investigations. To investigate building conditions in the city in order to determine which buildings fail to meet the standards set forth herein. (2) Oaths, witnesses, evidence. To administer oaths and affirmations and to examine witnesses and receive evidence. (3) Right of entry. To enter upon and within buildings and their premises for the purpose of making examinations and investigations; provided, that such entries shall be made in such a manner as not cause significant inconvenience to the persons in possession. (4) Delegation of functions. To delegate any of his functions and powers under this code to such officers and agents as he may designate.

(Ord. No. O-007-10, ยง 1, 2-18-10) ARTICLE IX. - HEARING AND NOTICE OF VIOLATION

Sec. 39-21. - Hearing and notice of violation.

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Appendix Whenever it appears to the inspector that a building is in violation of a provision of this code, he shall issue and cause to be served on the owner of and parties in interest in such building, including lien holders, if any, as shown by the records of the Register of Deeds of Wilson County, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the inspector, or his designated agent, at a place within the city therein fixed not less than ten (10) days or more than thirty (30) days after the serving of such complaint; that the owner and parties in interest shall be given a right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Following such hearing, the inspector shall dismiss the complaint; or order compliance setting forth up to a maximum of ninety (90) days within which to correct the violations and containing an outline of remedial action which, if taken, will effect compliance with the provisions of this code. Extensions of this time requirement may (such is discretionary) be issued by the inspector and/or by city council upon application by the property owner.

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-22. - Content of notice. Such notice shall be in writing; specify in detail the violation or violations, together with the respective sections of this code being violated and contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this code.

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-23. - Service of notice and orders. Service of notice and orders shall be as follows: (1) By delivery personally to one (1) or more of the following: the owner, operator or other party in interest of the property, or the person responsible, or (2) By leaving the notice at the usual place of abode or business of the owner, operator, other party in interest or his agent; or (3) By depositing the notice in the United States Post Office addressed to the owner, operator, party in interest or his agent or persons responsible at his last known address (based on the tax listing information as furnished to Wilson County) with postage prepaid thereon, and certified or registered; or (4) In the event service of notice cannot be obtained in any of the above methods, by posting and keeping posted for twenty-four (24) hours a copy of the notice in a conspicuous place on the premises where the violation has occurred and published once a week for three (3) weeks in a newspaper of general circulation in the city such information as is necessary to inform an owner, operator, or other party in interest of the location of the premises and type of offense. No person shall deface or remove such notice without the consent of the inspector.

(Ord. No. O-007-10, ยง 1, 2-18-10) ARTICLE X. - VIOLATIONS AND PENALTIES

Sec. 39-24. - Violations and penalties. Any person, firm, corporation or agent who shall violate the provisions of this code, or after due notice shall fail to comply with orders issued by the Inspector under the terms and provisions of the Code, shall

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Appendix be subject to penalties pursuant to the civil penal provisions and/or criminal penalty provisions of the Code of Ordinances of the City of Wilson. Each day of any violation of this code shall constitute a separate violation punishable as separate violations of this code.

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-25. - Failure to comply with orders. (1) If the owner or other party in interest fails to comply with an order to repair the building or structure, the Inspector may: a.

Cause such structure to be repaired, and pending such repairs, may order such building vacated and closed.

Cause to be posted on the main entrance of any structure so closed, a placard entitled "Notice of Condemnation" with the following words: "Notice is hereby given that this building is in an unsafe and dangerous condition; may constitute a fire hazard by reason of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally; or may be dangerously infested with vermin, rodents or insects. Said building has been condemned under the building laws of the State of North Carolina and the City of Wilson."

(2) If the owner or other party in interest fails to comply with an order to remove or demolish the building, the inspector may: a.

Cause such structure to be removed or demolished.

Cause to be posted, pending removal or demolition, on the main entrance of any structure a placard entitled "Notice of Condemnation" with the following words: "Notice is hereby given that this building is in an unsafe and hazardous condition; may constitute a fire hazard by reasons of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally; or may be dangerously infested with vermin, rodents or insects. Said building has been condemned under the building laws of the State of North Carolina and the City of Wilson."

(3) The duties of the inspector set forth in subsections 1) and 2) shall not be exercised until the city council, by ordinance for each violation, shall have ordered the inspector to proceed to effectuate the purpose of this article with respect to the particular structure, which the officer shall have found to be in violation of this code. No such order shall be adopted to require demolition of a structure until the owner or other party in interest has first been given a reasonable opportunity (see section 39-21) to bring it into conformity with this article. Such order shall be recorded in the office of the register of deeds where the building is located and shall be indexed in the name of the property owner in the grantor index. (4) The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or demolition and removal by the inspector shall be a lien against the real property upon which such cost was incurred; which lien shall be filed, have the same priority and be collected as provided by Article 10, Section 160A-216 et seq., G.S. Chapter 160A. If the structure is demolished and removed by the city, the City of Wilson may sell the marketable materials of such structure and shall credit the proceeds of such sale against the cost of the demolition and removal and any balance remaining shall be deposited in the superior court by the city, and shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court (in a special proceeding brought before the clerk of superior court for said purpose). (5) Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, nor shall enforcement of one remedy provided herein prevent the enforcement of the other remedies provided herein.

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Appendix (6) Nothing in this section shall be construed to impair or limit in any way the power of the inspector in the proper enforcement of the duties of his office, as assigned, nor shall the enforcement of one remedy provided herein prevent the enforcement of other remedies provided or cited herein. (7) It shall be unlawful for the owner or other party in interest of any structure to fail, neglect or refuse to repair or to vacate and close and demolish and remove the same, upon order of the inspector duly made and served as herein provided, within the time specified in such order.

(Ord. No. O-007-10, ยง 1, 2-18-10) ARTICLE XI. - APPEALS PROCESS

Sec. 39-26. - Establishment of appeals process. There is hereby established an "appeals process". All Commercial Maintenance Code Appeals shall be heard by the Wilson City Council.

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-27. - Membership. The city council shall be responsible for hearing all appeals to decisions reached by the inspector concerning the Commercial Maintenance Code of the City of Wilson.

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-28. - Procedures. Procedures, rules and processes established by "city council" shall apply.

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-29. - Duties. The duties of the city council shall be: (1) To consider and determine appeals whenever it is claimed that the true intent and meaning of this code or any of the regulations thereunder have been misconstrued or wrongly interpreted or applied by the Inspector or his representative. (2) To consider the granting, in cases where the application of the requirement of this code in the allowance of the stated time for the performance of any action required hereunder would appear to cause undue hardship on an owner or other party in interest, reasonable extensions of time not to exceed twelve (12) months from date of such order. No subsequent appeal shall be considered where an appeal has been previously decided involving the same building or premises and the same citation, unless appellant can demonstrate to the satisfaction of the city council change in circumstances sufficient to justify re-opening the appeal.

(Ord. No. O-007-10, ยง 1, 2-18-10) Sec. 39-30. - Decisions. 96 | Lumberton Downtown Master Plan

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Appendix All decisions of the city council, which vary the application of any provision of this code or modified an order of the inspector, shall specify in the manner in which such variance or modification is to be made, the conditions under which it may be made and the reasons therefore. Every decision shall be in writing and a copy of all decisions shall be promptly filed in the office of the inspector, and it shall be open to public inspection.

(Ord. No. O-007-10, ยง 1, 2-18-10) ARTICLE XII. - APPEALS

Sec. 39-31. - Appeals. Within ten (10) days following receipt of an Order from the Code Enforcement Officer any person receiving such Order, may appeal in writing to the Wilson City Council for such relief as may be granted, after investigation of the grounds thereof, by way of a reasonable extension of time or a variation from strict compliance with the provisions of this Code. Such appeal shall be addressed to the office of the inspector where proper forms will be prepared and forwarded to the city clerk of the city council who will set the date and time of hearing and so notify the applicant. This section shall not be construed to apply to any situation regarded by the enforcement authority as a real and immediate threat to public safety and health. Any person aggrieved by the decision of said city council may petition any court of competent jurisdiction. Any such appeal must be filed with said court within thirty (30) days from the date of the council's decision or it shall be considered abandoned.

(Ord. No. O-007-10, ยง 1, 2-18-10; Ord. No. O-047-11, ยง 1, 10-20-11) Sec. 39-32. - Conflict. In the event of conflict within this code, or of conflict with other codes of the City of Wilson, then the more restrictive shall apply. Interpretation hereof shall be the duty of the Inspector.

(Ord. No. O-007-10, ยง 1, 2-18-10)

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PREPARED BY Benchmark Planning DATE ADOPTED June 7, 2017