Sec. 16-75. Electric substations.

The procedure for obtaining encroachment agreements for electric substations shall be as follows:

(1)   Plans and design sketches of new, relocated or redesigned electrical substations shall be submitted to the city manager or his designee not less than 60 days prior to the commencement of construction. The plans and design sketches shall include the following:

a.   Locational maps of the area in which the substation is to be located.

b.   Maps detailing the specific routes proposed to be utilized in locating the transmission lines which will provide power to the substation.

c.   Other details as may be necessary to determine the impact of the proposed facility upon the area in which it is to be located.

(2)   Upon submittal of such plans and design sketches, the city manager or his designee shall review the plans and accompanying documentation for compliance with this division and other applicable local ordinances. Within 30 days following submission of the plans, the city manager or his designee shall submit to the city council written recommendations relative to the proposed project.

(3)   Within 30 days following the receipt of the recommendations from the city manager or his designee, the city council may fix a date for public hearing of the proposed project or may approve or deny the project without a public hearing.

(4)   If a public hearing is held, the recommendations of the city manager or his designee shall be reviewed, and the city council shall, after the closing of the public hearing, take one of the following actions:

a.   Determine that the proposed plan be approved;

b.   Determine that certain conditions and circumstances contained within the plan warrant amendment and after the deficiencies are corrected approve the plan; or

c.   Determine that the proposed plan is not consistent with the city's comprehensive development plan and disapprove it.

(Code 1965, § 25-17; Ord. No. 1891, § 1(25-17(F)), 2-12-91)

Sec. 16-76. Structures and merchandise on sidewalks and other public places.

(a)   Structures or merchandise may be allowed on sidewalks or other public places only upon execution of an encroachment agreement between the city manager or her/his designee and the owners of the property adjacent to the sidewalk or other public place upon which the structure or merchandise is to be placed pursuant to the provisions of this article III or upon issuance of a permit pursuant to the provisions of article V of chapter 16 of this Code. If the person seeking the encroachment is a lessee of the property adjacent to the sidewalk or public place, both that person and the property owner shall execute the encroachment agreement. The city manager is hereby authorized to execute such agreements in accordance with the provisions of this division.

(b)   The procedure for obtaining an encroachment agreement authorizing a structure or merchandise on the sidewalk or other public place shall be as follows:

(1)   Written application shall be made to the city manager or her/his designee, which application shall be signed by all owners of the property located adjacent to the sidewalk or other public place. If the property is being leased, the lessee shall also sign the application.

(2)   The application shall include those items described in section 16-157.

(3)   The application shall state the reason for the encroachment.

(4)   The city manager or her/his designee may execute an encroachment agreement with property owners (and lessees, where applicable) only if the encroachment can be allowed without detriment to the health, safety and welfare of the general public. In determining what constitutes detriment to the health, safety and welfare of the general public, the following factors, among others not specifically enumerated, shall be considered:

a.   The location, type and size of the encroaching structure(s) or merchandise.

b.   The proximity of the encroaching structure(s) or merchandise to a traveled road, whether public or private.

c.   Whether the encroaching structure(s) or merchandise will unreasonably interfere with pedestrian or vehicular passage or safety.

d.   Whether the encroaching structure(s) or merchandise will interfere with an existing water or wastewater line, storm water facility or other utility.

(c)   The city manager or her/his designee shall set forth in writing the reason for granting or denying an encroachment pursuant to this division. The decision of the city manager or her/his designee shall be final.

(d)   The terms of an encroachment agreement shall include, but not be limited, to the following:

(1)   The agreement shall be subject to termination upon 30 days notice at such time as the city manager or her/his designee may deem the encroachment, including activities associated with the encroachment, to create a safety hazard to pedestrians or vehicular traffic or other safety hazard or a public nuisance or otherwise not be in keeping with the health, safety and welfare of the general public.

(2)   The owner (and lessee, where applicable) obtaining the encroachment agreement shall agree that, upon such termination, if the owner (or lessee, where applicable) shall fail to remove the encroachment within 30 days following the giving of the notice by the city in accordance with subsection (d)(1) of this section, the city shall be authorized to remove the encroaching structure and recover all costs associated therewith from the property owner.

(3)   The property owner (and lessee, if applicable) shall agree to indemnify and hold harmless the city from any and all liability that may arise by virtue of the encroachment, including, but not limited to, compliance with the Americans with Disabilities Act, the North Carolina State Building Code and all other health and safety laws and regulations.

(4)   If the property is sold or, where applicable, if the lease is terminated after execution of the encroachment agreement, the encroachment agreement shall be null and void and a new encroachment agreement with the new property owner and, where applicable, with the lessee, shall be required prior to the encroachment being permitted to continue.

(Ord. No. 2585, § 1(a), 6-22-99)

Secs. 16-77—16-95. Reserved.

ARTICLE IV. PROCESSIONS AND ASSEMBLAGES 3

 

Notes

3	State law reference(s)— Local authorities may regulate processions and assemblages, G.S. 20-169; regulation of mass gatherings, G.S. 130A-251 et seq.; picketing or parading with intent to obstruct justice, G.S. 14-225.1; weapons at parades prohibited, G.S. 14-277.2.

DIVISION 1. GENERALLY

Sec. 16-96. Reserved.

Editor's note(s)—Ord. No. 2299, § 1, adopted June 25, 1996, repealed § 16-96, which pertained to permit for funerals, processions and parades of certain size. See the Code Comparative Table.

Sec. 16-97. Community events and festivals.

(a)   Notwithstanding the provisions of this chapter to the contrary, the city manager is hereby authorized to permit certain types of community events or festivals to take place upon the public streets, sidewalks, squares, avenues or alleys of the city.

(b)   The sponsor of the event or festival shall submit to the city manager a written application for a permit at least seven days prior to the opening of the community event or festival for which a permit is desired. The application shall state:

(1)   The time, date and location of the festival or event;

(2)   The group, firm or individual by whom the event will be sponsored;

(3)   The purpose of the festival or event; and

(4)   The activities that will be included.

(c)   In granting permits for community events and festivals, the city manager shall consider the following:

(1)   The nature of the event or festival and how it can serve the community of the city and its citizens;

(2)   The time period during which the event or festival will occur;

(3)   The location of the event or festival and whether the location inhibits the safe flow of traffic in the city;

(4)   Whether the activities would be in compliance with other applicable laws;

(5)   Whether the event or festival is to benefit nonprofit community service organizations. Commercial events or festivals which generate profit for the private sector, other than profit incidental to the festival or event which is made by persons other than the sponsor of the festival or event, shall be permitted only if the applicant submits evidence to the city manager that the event or festival constitutes a community service; and

(6)   The general health, safety and welfare of the participants in the event or festival and the citizens of the city.

(d)   The sponsor of the event or festival shall provide all cleaning services necessary to rid the festival area of all debris and litter created as a result of the event or festival.

(e)   The issuance of a permit to a sponsor shall authorize only that sponsor and participants specifically authorized by the sponsor to participate in that community event or festival without the restrictions imposed by this chapter.

(Code 1965, § 25-16.1; Ord. No. 4910, § 2, 11-9-21)