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GENERAL PROVISIONS
(A) Purpose. This Chapter is enacted to protect the health, safety, and general welfare of the people of the Town of Mills River pursuant to powers granted under G.S. 160A-175, G.S. 160A-193, G.S. 160A-303, G.S. 160A-303.1, G.S. 160A-303.2; the Mills River Town ; subsequent recodifications and/or amendments; and other applicable ordinances as be adopted in the future.
(B) Objectives. The principal objectives of this chapter are:
(1) To prevent injury and illness to
of
and the public and to remove
.
(2) To provide
wide standards for the
of
, including but not limited to noise, solid waste,
and
.
(3) To establish responsibility of involved parties and assure that people are not unnecessarily exposed to dangers of
.
(4) To ensure proper actions
be taken to abate
.
(Ord. 2019-02, passed 10-12-2019; Am. Ord. 2021-10, passed 5-13-2021)
(A) Jurisdiction. This chapter apply to all the land within the corporate limits of the Town of Mills River.
(B) Exception. This chapter not regulate being actively used as a bona fide farm which is any tract of land used for dairying, the raising of agricultural products, forest products, livestock or poultry, or any other use defined as AGRICULTURE in § 154.007 of the Town and including facilities for the sale of such products from the premises where produced.
(Ord. 2019-02, passed 10-12-2019)
The
terms are defined for purposes of this chapter:
ABANDONED MANUFACTURED HOME. A that has not had legal power or was not properly connected to a permitted septic/sewer system and water supply in the most recent six , not to be interpreted to include a stored or parked in accordance with a valid zoning permit.
ABATEMENT. The proper removal, repair, and/or containment of substances or materials hazardous to humans and/or the environment. Abatement is part of .
AMPLIFIED SOUND. Using or operating a loudspeaker or other sound amplification device for the purpose of commercial advertising, giving instructions, information, directions, talks, addresses, lectures, or providing entertainment to any persons or assemblage of persons on any private or public property.
BUILDING. Any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of , animals or chattels. Two buildings connected by a common roof be considered as one building, provided that the width of the connecting roof be at least 20% of the principal building width, but in no case less than six feet in width. The connection of two buildings by means of an open porch, breeze way or passageway without a roof, or with a roof less than six feet in width, not be deemed to make them one building.
DISTURBING NOISE. Noise which is perceived by a of ordinary sensibilities as interrupting the normal peace and calm of the area. In determining whether a noise is unreasonably loud and disturbing, the following factors incident to such noise are to be considered: whether the noise has been enhanced in volume or range by any type of electronic or mechanical means.
JUNK. Any discarded, abandoned, or scrapped copper, brass, metal, rope, rags, batteries, appliances, paper or rubber; discarded, dismantled, abandoned, or wrecked automobiles or other vehicles or parts thereof; dismantled or or RV's or travel trailers or parts thereof; discarded, dismantled or wrecked motorized or non-motorized equipment or parts thereof; discarded or scrapped iron, steel or other scrapped ferrous material; or any other materials, items or equipment similar to those listed herein.
JUNKED MOTOR VEHICLE. A motor vehicle that does not display a current license plate or vehicle registration and is partially dismantled or wrecked, cannot be self-propelled or moved in the manner it was originally intended to move, or is more than five old and appears to be worth less than $500 as provided by the municipality, or a junked motor vehicle as defined in G.S. 160A-303.2.
MANUFACTURED HOME. A single-family residential dwelling built in accordance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (which became effective June 15, 1976), as amended. For purposes of this chapter, however, the term also includes mobile homes.
OCCUPANT. Any who occupies real properly, whether with or without any right, title or interest in the , and any in possession or charge of such , in the event the resides or is located elsewhere.
OWNER. Any , , organization, or corporation that owns, in whole or in part, the land, structure, or other or is the purchaser of the under contract for deed.
PERSONAL PROPERTY. All other than that defined in the definitions of PROPERTY and REAL PROPERTY, REAL ESTATE AND LAND of this section that is subject to ownership.
PLANNING/ZONING DEPARTMENT. The department responsible for enforcing this chapter.
PROPERTY. Publicly or privately owned including parcels of land, , or structures.
PROPERTY AGENT. A authorized by a to act in transacting business matters or in managing the affairs of the subject .
PUBLIC NUISANCE. Any activity or use of or or failure to act that adversely affects the public and include, but is not limited to, any condition which poses an immediate and direct hazard to human health if left unheeded due to the existence of the condition itself or due to the immediate threat of transmission of disease through insects, animals, or other means of transmission or infections.
RECREATIONAL VEHICLE. A vehicular type unit primarily designed as temporary and mobile living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on and drawn by another vehicle. The units do not satisfy the dimensional requirements of a .
REMEDIATION. The action of stopping or reversing conditions, uses, substances or materials hazardous to humans and/or the environment or otherwise creating a nuisance.
UNREASONABLY LOUD NOISE. A level of noise that is substantially incompatible with the time and location where created to the extent that it creates an actual or imminent interference with peace or good order.
VEHICLE RESTORATION PERMIT. A permit that allows to actively restore an unlicensed and unregistered vehicle.
(Ord. 2019-02, passed 10-12-2019; Am. Ord. 2021-10, passed 5-13-2021)
The creation or maintenance of a
is prohibited. Without limiting the generality of the foregoing, the
are hereby expressly declared to be
:
(A) Improper sewage disposal to such degree that sewage or effluent is discharging onto the surface of the ground, backing up into a structure, or discharging into a body of water.
(B) An unsecured opening caused by improperly abandoned cistern, well pit, sewage treatment system, unused or non-maintained swimming pool, mine shaft or tunnel.
(C) Failure to keep waste, refuse, or garbage in an enclosed
or properly contained in a closed, insect and rodent proof container designed or reasonably adapted for such purpose.
(D) Accumulation of carcass(es) of animals, birds, or fish by failing to bury, store, or otherwise dispose of in a sanitary manner within 24 hours after death.
(E) Significant outdoor storage of solid waste including but not limited to: decaying animal or vegetable matter, animal or human feces, trash, rubbish, garbage, rotting lumber, packing materials, scrap metal, pallets, fuel storage containers, tools, tires and wheels, furnaces, home appliances, furniture, plumbing fixtures, construction materials, amusement park devices, metal, pipes, rubber, glass bottles, machinery, wood, brick, cement block, all-terrain vehicles, toys, bicycles,
or any other substances in which flies, mosquitoes, other disease-carrying insects, rodents or other vermin can harbor.
(F) Accumulations of rubbish or
as to become dangerous or injurious to the health and safety of any individual or to the public.
(G) Any
without a current
and/or any
as defined.
(H) Infestations of flies, fleas, cockroaches, lice, rats, mice, fly larvae, hookworm larvae or other insects, parasites or vermin.
(I) Breeding grounds which support mosquito larvae and mosquitoes capable of carrying diseases, or any other disease-causing microorganism.
(J) Use of a
as a primary residence without permitted electric, water, and sewerage connections.
(K)
used to store solid waste.
(Ord. 2019-02, passed 10-12-2019)
Outdoor storage by commercial and industrial uses
be limited to items that are designed and intended for permanent outdoor usage, storage, and/or sale. Outdoor storage areas in business and industrial zones
conform to a minimum of one-half the minimum front
setback and not block or obstruct parking spaces or any line of sight for a public road.
(Ord. 2019-02, passed 10-12-2019)
NOISE CONTROL
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