Agenda Item. Mayor Patrick Taylor and Town Board of Commissioners

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1 Regular Meeting Minutes of the Town of Highlands Board of Commissioners Meeting of November 17, 2016, at the Highlands Community Building, 71 Poplar Street, Highlands, North Carolina Town Board Present: Commissioner John Dotson, Mayor Pro Tempore Amy Patterson, Commissioner Donnie Calloway, Commissioner Eric Pierson and Mayor Pat Taylor Also Present: Town Attorney Jay Coward, Town Finance Director/Town Clerk Rebecca Shuler, Public Works Director/Interim Town Manager Lamar Nix, MIS/GIS Director Matt Shuler, Police Officer Ronnie Castle, Deputy Town Finance Director/Deputy Town Clerk Lisa Billingsley and Parks & Recreation Director Lester Norris Absent: Commissioner Brian Stiehler 1. Meeting Called to Order Mayor Taylor called the meeting to order at 7:00 PM. 2. Public Comment Period There were no comments from the public. 3. Adjust and Approve the Agenda Mayor Pro Tempore made a motion to approve the agenda as presented, which was seconded by Commissioner Pierson and the vote was unanimous. 4. Approval of the October 20, 2016, Regular Meeting Minutes Mayor Pro Tempore Patterson made a correction on Page 12 to clarify that the Town owns the water lines beyond the town limits, but not the sewer line. Commissioner Pierson made a motion to approve the October 20, 2016, regular meeting minutes as corrected, which was seconded by Commissioner Dotson and the vote was unanimous. 5. Reports Mayor Mayor Taylor thanked Police Chief Harrell, Town Finance Director/Town Clerk Shuler, Public Works Director/Interim Town Manager Nix, the McPhails, the American Legion, Leadership Highlands, Stell Huie and other community groups who worked together to make the Veterans Memorial dedication on Veterans Day a reality. Mayor Taylor attended the League of Municipalities meeting and discussed goals for legislative action in the coming year including monitoring sales tax. Mayor Taylor has recently issued an Emergency Proclamation prohibiting all outdoor burning during this critical situation in Western North Carolina trying to contain wildfires. B. Commissioners and Committee Reports Commissioner Pierson stated that Town staff and commissioners are continuing to work on the garbage situation. Thank you to Town Finance Director/Town Clerk Shuler and Public Works Director/Interim Town Manager Nix for their assistance. C. Town Manager Public Works Director/Interim Town Manager Nix reported that water levels are low but there is still positive flow over the dam and the cold water release is running. If the drought continues, the cold water release can be cut off. He encouraged people to turn off automatic irrigation systems. Within the next couple of months, the Town will begin work on some of the budgeted public works projects. Helen s Barn electric and water relocation should begin after the first of the year. Also, a culvert on Leonard Road needs to be replaced which should begin in the next couple of weeks. Sidewalk, curb and gutter repairs should begin soon.

2 Commissioner Calloway questioned the authority of the Forest Service to draw water from Lake Sequoyah to put out forest fires considering the lake is the Town s water source. Mayor Pro Tempore Patterson stated she believed the natural resources of the State belong to the State. 6. Consent Agenda Public Works Department Police Department Park & Recreation Department Planning Department Treasurer s Report 2017 Meeting Schedule 2017 Holiday Schedule Employee Longevity Bonuses Date: November 10, 2016 Agenda Item To: Prepared By: Mayor Patrick Taylor and Town Board of Commissioners Rebecca R. Shuler, Town Clerk Subject: Meeting Schedule for 2017 Background: According to NCGS the board shall cause a current copy of that schedule, showing the time and place of regular meetings, to be kept on file as follows: (4) For each other public body, with its clerk or secretary, or, if the public body does not have a clerk or secretary, with the clerk to the board of county commissioners in the county in which the public body normally hold its meetings. Please note the Code of Highlands North Carolina Sec Regular Meetings lists out that the regular meeting of the mayor and the board of commissioners shall be held on the third Thursday of each month at 7:00pm, year round at the community building unless otherwise designated by the board. The only dates that do not fall suit are the July and December meetings. The July meeting is moved to the fourth Thursday due to Ikebana being held at the community building and the December meeting has been historically earlier to avoid the busy holiday season. Recommendation: Approve the following monthly regular meeting schedule for 2017 at the will of the Board. Month Date January February March April May June July 19 th 16 th 16 th 20 th 18 th 15 th 27 th

3 August September October November December 17 th 21 st 19 th 16 th 14 th Agenda Item Date: Thursday, November 10, 2016 To: Mayor Patrick Taylor and Town Board of Commissioners Prepared By: Rebecca Shuler, Town Clerk Subject: Holiday Schedule for 2017 Background: The Town of Highlands Employee Personnel Manual sets forth that the Town Manager will prescribe holidays to be observed and also lists the following holidays: New Year s Day, Martin Luther King Day, Easter Friday (Good Friday), Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the Day After, and Christmas - Two (2) Days as the Board of Commissioners designates. The state and county holiday schedules are also referenced. Annually the Board of Commissioners reviews and approves the dates on which the holidays will be observed. Recommendation: Approve the following observance dates for the approved holidays at will of Town Board of Commissioners. Holiday Observance Date Day of the Week New Year s Day January 2, 2017 Monday Martin Luther King Day January 16, 2017 Monday Good Friday April 14, 2017 Friday Memorial Day May 29, 2017 Monday Independence Day July 4, 2016 Tuesday Labor Day September 4, 2017 Monday Veterans Day November 10, 2017 Friday Thanksgiving November 23 & 24, 2017 Thursday & Friday Christmas December 25 & 26, 2017 Monday & Tuesday

4 Agenda Item Date: Thursday, November 10, 2016 To: Prepared By: Subject: Background: Mayor Patrick Taylor and Town Board of Commissioners Rebecca Shuler, Town Clerk Annual Bonuses for Town Employees At the November Town Board meetings each year the Commissioners consider Annual Bonuses for its employees. As in past years, the bonuses are distributed as follows: Less than one (1) year of service (ser.) $200 Btwn one (1) and ten (10) years of ser. $250 Btwn ten (10) and twenty (20) years of ser. $300 More than twenty (20) years of ser. $350 Part-time employees Hams or $25 Gift Cards Recommendation: Approve Annual Bonuses for Town Employees at will of Town Board of Commissioners. Fiscal Impact: Funds have been budgeted in the respective funds for employee Annual Bonuses. Mayor Pro Tempore Patterson made a motion to approve the consent agenda as presented, which was seconded by Commissioner Dotson and the vote was unanimous. 7. Public Hearing: Amendments to UDO Open Public Hearing Commissioner Calloway made a motion to open the public hearing on amendments to the UDO at 7:12pm, which was seconded by Mayor Pro Tempore Patterson and the vote was unanimous. B. Staff Comments/Recommendation At the October 20, 2016, Board of Commissioners meeting, the Board approved a staff request to set a Public Hearing for November 17, 2016, for proposed amendments to the UDO. This group of amendments included amendments to Articles 2, 4, 6, 7, 8, 9 and 13. The proposed amendments are primarily for the purpose of clarification or typographical correction. The Highlands Planning Board reviewed the proposed amendments to Articles 2, 4, 6, 7, 8, 9 and 13 and approved them at their regular October 24, 2016, monthly meeting. Mr. Thomas Craig, Chairman of the Planning Board, presented proposed amendments. He presented the following additional change to use table in 6.2.2: All new commercial construction. Additions to existing commercial buildings, and remodeling of existing commercial buildings, which would result in a change in appearance or size of the building or premises.

5 Unified Development Ordinance of Highlands, NC (UDO) Article 2. Definitions, Section Definitions ORDINANCE AMENDMENT Pursuant to an affirmative vote of yeas and nays by the Board of Commissioners of the Town of Highlands at its regular meeting on the day of 2016, and an affirmative vote of yeas to nays by The Board of Commissioners at its regular meeting on the day of, 20 if required, the following ordinances are hereby AMENDED: (EXISTING CODE SECTIONS, FOLLOWED BY PROPOSED AMENDMENTS IN RED ITALICS, SHOWING CHANGES HIGHLIGHTED.) ARTICLE 1. - DEFINITIONS Sec Definitions ARTICLE 1. - DEFINITIONS Sec. 2.3 Definitions Add the following definition Intermittent: starting, stopping, and starting again, not constant or steady Unified Development Ordinance of Highlands, NC (UDO) Article 4. Applications and Permits, Section 4.5 Conditional Zoning Districts; Section Procedure ORDINANCE AMENDMENT Pursuant to an affirmative vote of yeas and nays by the Board of Commissioners of the Town of Highlands at its regular meeting on the day of 2016, and an affirmative vote of yeas to nays by The Board of Commissioners at its regular meeting on the day of, 20 if required, the following ordinances are hereby AMENDED: (EXISTING CODE SECTIONS, FOLLOWED BY PROPOSED AMENDMENTS IN RED ITALICS, SHOWING CHANGES HIGHLIGHTED.) ARTICLE 4. - APPLICATIONS AND PERMITS

6 Section 4.5 Conditional Zoning Districts ARTICLE 4. - APPLICATIONS AND PERMITS Section 4.5 Conditional Zoning Districts Remove PB or from bottom green diamond Sec Special Use Permit Procedure C. The Zoning Board of Adjustment may, at its discretion, submit to the Planning Board for its recommendation any Special Use Permit applications received.

7 Sec Special Use Permit Procedure C. Prior to the public hearing before the Zoning Board of Adjustment the Planning Board shall review said request and present to the Zoning Board of Adjustment in writing its recommendation of any Special Use Permit applications received by the staff. Unified Development Ordinance of Highlands, NC (UDO) Article 6. Use Regulations, Section Use Table; Section Exterior Commercial Lighting; Section Uses Not Covered, Pre-Existing Facilities, Amateur Radio, Relationship to Other Ordinances, Airport Zoning, and Building Codes ORDINANCE AMENDMENT Pursuant to an affirmative vote of yeas and nays by the Board of Commissioners of the Town of Highlands at its regular meeting on the day of 2016, and an affirmative vote of yeas to nays by The Board of Commissioners at its regular meeting on the day of, 20 if required, the following ordinances are hereby AMENDED: (EXISTING CODE SECTIONS, FOLLOWED BY PROPOSED AMENDMENTS IN RED ITALICS, SHOWING CHANGES HIGHLIGHTED.) ARTICLE 6 Use Regulations Use Table Specific Use R-1 R-2 R-3 B-1 B-2 B-3 B-4 G-1 Notes All new commercial construction, additions to existing commercial buildings, and remodeling of existing commercial buildings which would result in an increase in the number of business occupants in the buildings S S S S Sec Use Table Specific Use R-1 R-2 R-3 B-1 B-2 B-3 B-4 G-1 Notes All new commercial construction or residential/commercial additions to a commercial structure that results in an enlargement of the structure or increased parking requirement. S S S S Sec. 6.

8 ARTICLE 6 Use Regulations Exterior Commercial Lighting The purpose of this section is to provide direction in controlling exterior lighting so as to enhance the areas being lit and not adversely affect motorists, pedestrians, and adjacent properties. Lighting intensities should be controlled to assure that light spillage and glare are not directed at adjacent properties, neighboring areas, motorists, or the sky. Exterior lighting shall be integrated with the architectural character of the building. Downcast, fully shielded, or cut-off type lighting fixtures shall be used to illuminate pedestrian or traffic circulation corridors and signage. Standards for Exterior Commercial Lighting. All exterior commercial lighting shall conform to the following standards: Outdoor lighting from commercial venues shall not shine directly into the yard or windows of a residence. Outdoor lighting shall be designed, located and mounted at heights no greater than twenty-seven (27) feet above grade (including a base maximum height of two (2) feet) for fully shielded, cut-off lights. All parking lot and security lighting fixtures, regardless of output, shall be full cut-off fixtures. All outdoor lighting shall be designed and located such that the maximum illumination measured in foot-candles at the property line shall not exceed 1.5 for full cut-off or fully shielded lights. The average intensity illumination for outdoor lighting shall not exceed six (6) foot-candles in intensity as measured at grade. Fixtures should be placed to provide uniform distribution of light and to avoid intense lighting that produces excessive glare. Light fixtures used to light building and landscaping shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building facade, plantings, or other site features and away from adjoining properties, the sky, and the street right-of-way. Lighting fixtures in scale with pedestrian activities shall provide for uniform distribution of lighting to produce minimal shadows. Trees and lighting in parking areas should be coordinated. Landscape plans should show lighting and tree locations. ARTICLE 6. Use Regulations Exterior Commercial Lighting The purpose of this section is to provide direction in controlling exterior lighting so as to enhance the areas being lit and not adversely affect motorists, pedestrians, and adjacent properties. Lighting intensities should be controlled to assure that light spillage and glare are not directed at adjacent properties, neighboring areas, motorists, or the sky. Exterior lighting shall be integrated with the architectural character of the building. Downcast, fully shielded, or cut-off type lighting fixtures shall be used to illuminate pedestrian or traffic circulation corridors and signage. Standards for Exterior Commercial Lighting. All exterior commercial lighting shall conform to the following standards: Create subsection 9 to read as follows:

9 9. String lights in commercial zoning districts may not intentionally accent signage and must comply with one of the following two (2) standards: a. Holiday lighting b. Accent lighting ARTICLE 6. Use Regulations Only between November 15 and January 15 No permit required Lights must meet electric and fire code White lights only o LED or colored lights if approved by Planning Board Used only in dining areas and private property walkways o May not be located on or over publicly owned property Sec Uses Not Covered, Pre-Existing Facilities, Amateur Radio, Relationship to Other Ordinances, Airport Zoning, and Building Codes Nothing in this Section 6.6 shall reduce any of the permitted uses within the Town of Highlands. Nothing in this Section 6.6 shall affect the right of a property owner to use or develop his or her property in accordance with the provisions thereof. Nothing in this Section 6.6 shall affect the right of a property owner to continue any legal nonconforming use, pursuant to Article 7, Nonconformities, of this Ordinance. B. C. D. E. Pre-Existing Wireless Communication Facility. Wireless Communication Facilities that were installed prior to the effective date of this Ordinance shall be considered as nonconforming, per the requirements of Article 7, Nonconformities. Amateur Radio Exclusion. This Ordinance shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator. Relationship to Other Ordinances. This Ordinance shall supersede all conflicting requirements of other ordinances regarding the locating and permitting of Wireless Communication Facilities. Airport Zoning. Any Wireless Communication Facility located or proposed to be located in airport areas governed by the Federal Aviation Administration shall also comply with the provisions of all applicable local, state, and federal airport regulations. Building Code. Construction of all Wireless Communication Facilities shall comply with the requirements of the North Carolina State Building Code and permitting process in addition to the requirements of this Section. ARTICLE 6. Use Regulations Sec Uses Not Covered, Pre-Existing Facilities, Amateur Radio, Relationship to Other Ordinances, Airport Zoning, and Building Codes Nothing in this Section 6.6 shall reduce any of the permitted uses within the Town of Highlands. Nothing in this Section 6.6 shall affect the right of a property owner to use or develop his or her property in accordance with the provisions thereof. Nothing in this Section 6.6 shall

10 affect the right of a property owner to continue any legal nonconforming use, pursuant to Article 7, Nonconformities, of this Ordinance. Uses Not Covered. Unlisted uses shall be treated the same as the most similar use listed in Section 6.2 Use Table. B. Pre-Existing Wireless Communication Facility. Wireless Communication Facilities that were installed prior to the effective date of this Ordinance shall be considered as non-conforming, per the requirements of Article 7, Nonconformities. C. Amateur Radio Exclusion. This Ordinance shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator. D. E. F. Relationship to Other Ordinances. This Ordinance shall supersede all conflicting requirements of other ordinances regarding the locating and permitting of Wireless Communication Facilities. Airport Zoning. Any Wireless Communication Facility located or proposed to be located in airport areas governed by the Federal Aviation Administration shall also comply with the provisions of all applicable local, state, and federal airport regulations. Building Code. Construction of all Wireless Communication Facilities shall comply with the requirements of the North Carolina State Building Code and permitting process in addition to the requirements of this Section. PO Unified Development Ordinance of Highlands, NC (UDO) Article 7. Nonconformities. Section 7.2 Nonconforming Uses; Section 7.4 Nonconforming Improvements and Structures; ORDINANCE AMENDMENT Pursuant to an affirmative vote of yeas and nays by the Board of Commissioners of the Town of Highlands at its regular meeting on the day of 2016, and an affirmative vote of yeas to nays by The Board of Commissioners at its regular meeting on the day of, 20 if required, the following ordinances are hereby AMENDED: (EXISTING CODE SECTIONS, FOLLOWED BY PROPOSED AMENDMENTS IN RED ITALICS, SHOWING CHANGES HIGHLIGHTED.) ARTICLE 7. - NONCONFORMITIES Sec Nonconforming Uses Limitations on Nonconforming Uses The lawful use of any building or premises at the time of the enactment of this Ordinance, or immediately preceding any applicable amendment thereto, may be continued even though the use does not conform with the provisions of this Ordinance, under the following conditions:

11 B. A nonconforming use may not be re-established after its discontinuance for a period of twelve (12) consecutive months. (wording added here) If the discontinuance of the use is (wording added here) caused by damage from an unintentional fire or other natural disaster, then the building in which the use is located may be repaired and/or reconstructed and the use may thereby be re-established provided repair or reconstruction has begun within twelve (12) months and completed with a Certificate of Compliance within two (2) years of such damage. Sec Nonconforming Uses Limitations on Nonconforming Uses The lawful use of any building or premises at the time of the enactment of this Ordinance, or immediately preceding any applicable amendment thereto, may be continued even though the use does not conform with the provisions of this Ordinance, under the following conditions: B. A nonconforming use may not be re-established after its discontinuance for a period of twelve (12) consecutive months. Continuous uninterrupted utility services without documented occupation or intermittent operation shall not constitute active operations. If the discontinuance of the use is seasonal it may be reopened provided it is done so within 12 continuance months or if caused by damage from an unintentional fire or other natural disaster, then the building in which the use is located may be repaired and/or reconstructed and the use may thereby be re-established provided repair or reconstruction has begun within twelve (12) months and completed with a Certificate of Compliance within two (2) years of such damage. Sec Nonconforming Improvements and Structures Nonconforming Buildings and Premises Buildings and premises (including parking areas and other parts thereof) which existed at the time of the enactment of this Ordinance, or immediately preceding any applicable amendment thereto, shall be deemed in compliance herewith, except in the following cases: 4. Discontinuance of use. If the use of any building or premises has been discontinued for a period of twelve (12) consecutive months, no use shall be re-established until said building and premises shall be made to conform as much as possible to the current requirements of this Ordinance. (wording added here) Conformance herewith shall not be required as relates to existing building size, in cases where it is not reasonable or practical to do so but a Variance is required from the Zoning Board of Adjustment in accordance with Section , Zoning Board of Adjustment Variances. The total built-

12 upon area may not be increased, nor encroachments into setback extended, beyond those of the original building, except in conformance with this Ordinance. Sec Nonconforming Improvements and Structures Nonconforming Buildings and Premises Buildings and premises (including parking areas and other parts thereof) which existed at the time of the enactment of this Ordinance, or immediately preceding any applicable amendment thereto, shall be deemed in compliance herewith, except in the following cases: 4. Discontinuance of use. If the use of any building or premises has been discontinued for a period of twelve (12) consecutive months, no use shall be re-established until said building and premises shall be made to conform as much as possible to the current requirements of this Ordinance. Continuous uninterrupted utility services without documented occupation or intermittent operation shall not constitute active operations. If the discontinuance of the use is seasonal it may be reopened provided it is done so within 12 continuance months or if caused by damage from an unintentional fire or other natural disaster, then the building in which the use is located may be repaired and/or reconstructed and the use may thereby be re-established provided repair or reconstruction has begun within twelve (12) months and completed with a Certificate of Compliance within two (2) years of such damage. Conformance herewith shall not be required as relates to existing building size, in cases where it is not reasonable or practical to do so but a Variance is required from the Zoning Board of Adjustment in accordance with Section , Zoning Board of Adjustment Variances. The total built-upon area may not be increased, nor encroachments into setback extended, beyond those of the original building, except in conformance with this Ordinance. Unified Development Ordinance of Highlands, NC (UDO) Article 8. DIMENSIONAL AND DENSITY STANDARDS Sec Dimensional Standards ORDINANCE AMENDMENT Pursuant to an affirmative vote of yeas and nays by the Board of Commissioners of the Town of Highlands at its regular meeting on the day of 2016, and an affirmative vote of yeas to nays by The Board of Commissioners at its regular meeting on the day of, 20 if required, the following ordinances are hereby AMENDED: (EXISTING CODE SECTIONS, FOLLOWED BY PROPOSED AMENDMENTS IN RED ITALICS, SHOWING CHANGES HIGHLIGHTED.) ARTICLE 8. DIMENSIONAL AND DENSITY STANDARDS

13 8.2.1 Dimensional Standards Single-Family and Multi-Family DIMENSIONAL STANDARD R-1 R-2 R-3 Building Setback from the right-of-way line of any public or private road (wording added here) 25 ft ft ft Dimensional Standards Single-Family and Multi-Family DIMENSIONAL STANDARD R-1 R-2 R-3 Building Setback from the right-of-way line of any public or private road (See Sections a and b below) 25 ft ft ft. - Section a Construction upon Mountain Slopes Given the unique topographic features of Highlands and the intent to protect steep slopes as stipulated in Section Steep Slope Protection the ability to adjust the front setback for residential construction is an option provided to minimize the negative impacts on slopes and ridge lines due to construction. Option 1. Construction on natural slopes of 15% to 30% shall meet all setback requirements of this ordinance, except that the required front yard setback may be reduced to a minimum of twenty (20) feet. This twenty (20) foot setback shall be measured from the street right of way. In the event of the absence of a right of way the setback shall be measured by going fifteen (15) feet from center of the roadway and then proceeding to measure the twenty (20) foot front setback. Option 2. Construction on natural slopes of 30.01% to 60% shall meet all setback requirements of this ordinance, except that the required front yard setback may be reduced to a minimum of fifteen (15) feet. This fifteen (15) foot setback shall be measured from the street right of way. In the event of the absence of a right of way the setback shall be measured by going fifteen (15) feet from center of the roadway and then proceeding to measure the fifteen (15) foot front setback. Option 3. Construction on natural slopes of 60.01% or greater shall meet all setback requirements of this ordinance, except that the required front yard setback may be reduced to a minimum of ten (10) feet. This ten (10) foot setback shall be measured from the street right of way. In the event of the

14 absence of a right of way the setback shall be measured by going fifteen (15) feet from center of the roadway and then proceeding to measure the ten (10) foot front setback. In no instance shall any on-street parking be allowed when front setback requirements have been reduced. Furthermore, no parking shall be allowed in the front yard when Options 2 or 3 above have been selected. Unified Development Ordinance of Highlands, NC (UDO) Article 9. Parking and Loading; Sec Off-Street Parking Requirements and Standards ORDINANCE AMENDMENT Pursuant to an affirmative vote of yeas and nays by the Board of Commissioners of the Town of Highlands at its regular meeting on the day of 2016, and an affirmative vote of yeas to nays by The Board of Commissioners at its regular meeting on the day of, 20 if required, the following ordinances are hereby AMENDED: (EXISTING CODE SECTIONS, FOLLOWED BY PROPOSED AMENDMENTS IN RED ITALICS, SHOWING CHANGES HIGHLIGHTED.) ARTICLE 9. PARKING AND LOADING Sec Off-Street Parking Requirements and Standards General Private off-street automobile storage or parking and loading areas shall be provided on every parcel on which any of the following uses are hereafter established. All automobile parking spaces and parking lots required by this Ordinance shall conform to these standards as well as those details and standards required in the Public Works Specifications Manual. See also Sec. 10.4, Driveway Entrances. B. Applicability. The minimum requirements for off-street parking and loading are set forth in this Article 9, Parking and Loading. These requirements shall apply to all new buildings and uses and to additions to existing buildings and uses in the R-1 Residential, R-2 Residential, R-3 Residential, B-2 Business, B-3 Business, B-4 Business, and GI Governmental/Institutional Districts. Exceptions However, no uses within the B-1 Business District, including those Special Uses identified in Article 6, Use Regulations, shall be subject to the off-street parking and loading requirements, except for single-family dwellings, including incidental apartments. Within the B-1 Business District, no parking is required for up to two (2) incidental apartments located in the same building. For each subsequent incidental apartment, two (2) parking spaces are required per apartment. The parking requirement for places of assembly or recreation, or entertainment with fixed seats shall not apply to churches located on Main Street.

15 4. A reduction of up to twenty percent (20%) of required parking in applicable districts as defined in Item A above may be considered by the Town of Highlands due to specific site conditions, such as historical trees, significant rock or other special terrain, under the following conditions: B. The person requesting the reduction shall submit a letter and site plan to the Planning and Development Director; and Additional information shall be provided as requested by the Planning and Development Director as necessary to render an opinion. ARTICLE 9. PARKING AND LOADING Sec Off-Street Parking Requirements and Standards General Private off-street automobile storage or parking and loading areas shall be provided on every parcel on which any of the following uses are hereafter established. All automobile parking spaces and parking lots required by this Ordinance shall conform to these standards as well as those details and standards required in the Public Works Specifications Manual. See also Sec. 10.4, Driveway Entrances. B. Applicability. The minimum requirements for off-street parking and loading are set forth in this Article 9, Parking and Loading. These requirements shall apply to all new buildings and uses and to additions to existing buildings and uses in the R-1 Residential, R-2 Residential, R-3 Residential, B-2 Business, B-3 Business, B-4 Business, and GI Governmental/Institutional Districts. Exceptions However, no uses within the B-1 Business District, including those Special Uses identified in Article 6, Use Regulations, shall be subject to the off-street parking and loading requirements, except for single-family dwellings. including incidental apartments. Within the B-1 Business District, no parking is required for up to two (2) incidental apartments located in the same building. For each subsequent incidental apartment, two (2) parking spaces are required per apartment. The parking requirement for places of assembly or recreation, or entertainment with fixed seats shall not apply to churches located on Main Street. 4. A reduction of up to twenty percent (20%) of required parking in applicable districts as defined in Item A above may be considered by the Town of Highlands due to specific site conditions, such as historical trees, significant rock or other special terrain, under the following conditions: B. The person requesting the reduction shall submit a letter and site plan to the Planning and Development Director; and Additional information shall be provided as requested by the Planning and Development Director as necessary to render an opinion.

16 Unified Development Ordinance of Highlands, NC (UDO) Article 13. Sign Standards; Section Exempt Signs; Section Temporary Regulated Signs Allowed Without a Permit ORDINANCE AMENDMENT Pursuant to an affirmative vote of yeas and nays by the Board of Commissioners of the Town of Highlands at its regular meeting on the day of 2016, and an affirmative vote of yeas to nays by The Board of Commissioners at its regular meeting on the day of, 20 if required, the following ordinances are hereby AMENDED: (EXISTING CODE SECTIONS, FOLLOWED BY PROPOSED AMENDMENTS IN RED ITALICS, SHOWING CHANGES HIGHLIGHTED.) ARTICLE 13. Sign Standards Exempt Signs The following signs are exempt from the requirements herein: C. Temporary lighting and displays as part of customary holiday decorations, provided strings of lights may only be installed between November 15 and January 15 each year, and must be removed at the end of that period Exempt Signs The following signs are exempt from the requirements herein: C. Temporary lighting and displays as part of customary holiday decorations, provided strings of lights may only be installed between November 15 and January 15 each year, and must be removed at the end of that period. Delete this section and move it to Article 6: Section 6.5.3: Exterior Commercial Lighting Temporary Regulated Signs Allowed Without a Permit B. One (1) temporary sign for church functions, not exceeding nine (9) feet in surface area, and located on church property. Commercial signs visible within the window or door display area, provided they do not exceed twenty percent (20%) of the area of any given window or glass door, and are not illuminated except by normal interior business lighting or by soft indirect lighting of an entire window unit. Signs described in Sec , Temporary Regulated Signs Allowed Without a Permit, Item D, and Sec , Permanent Regulated Signs Allowed Without a Permit, Item C, displays of merchandise in windows, and photographs of homes or other properties in the windows of real estate offices may be placed in commercial windows in addition to the twenty percent (20%) area restriction or one (1) electronic monitor type display per building frontage may be used with a rate of up to ten (10) changes per minute and not to exceed a brightness of two (2) foot-candles at twelve (12) inches directly in front of the display screen. Monitors located six (6) feet or less from the window shall not exceed thirty-two (32) inches in size. Monitors located beyond six (6) feet from the window shall not exceed forty-two (42) inches in size. Sizes of such monitors shall be measured diagonally across the display screen.

17 C. D. E. F. G. H. I. One (1) temporary on-premise sign advertising the rent, sale, or lease of a commercial or residential property, provided that the surface area does not exceed four (4) square feet in surface area per building and the sign is not illuminated. However, if the setback requirement cannot be met, the sign shall comply with Sec , Temporary Regulated Signs Requiring a Permit, Item B. Signs sponsored by municipal, school, civic, and other nonprofit organizations, provided that the signs are only displayed in commercial zones, have a maximum surface area of nine (9) square feet, are posted in either in commercial windows or in a secure fashion on private property, and are posted not more than thirty (30) days prior to a scheduled event and removed within twenty-four (24) hours after the event. Signs advertising the sale of produce out of a home garden on the premises where the produce is being sold, not to exceed three (3) non-illuminated signs per premises, provided that such signs do not exceed four (4) square feet in surface area per sign face, and shall be displayed only from March through October. Residential yard sale signs, provided they do not exceed four (4) square feet in surface area per sign face, and the maximum time for display does not exceed forty-eight (48) hours. Construction identification signs used prior to and during construction to identify the name of a new project and/or the principle contractor or developer, provided they meet the following requirements: Each project site shall have no more than one (1) identification sign with one (1) sign face; Identification signs shall be either attached to the building under construction or affixed to a secure temporary post, and located out of the public right-of-way; and Identification signs shall be no greater than four (4) square feet in residential zoning districts and sixteen (16) square feet in commercial zoning districts. Political signs, provided they are displayed on private property, are not displayed within public rights-of-way and do not constitute a hazard to pedestrian or vehicular traffic. Such signs shall be removed within seven (7) calendar days after the election. One (1) "Open" sign per each public entrance, not to exceed three (3) square feet per sign. Types of displays may be flags, wall signs, or attachments to permitted freestanding signs. Such signs shall not include advertisements for the business. Such signs shall not obstruct the sidewalk, shall not be displayed on public rights-of-way, and shall be removed each day upon the closing of the business Temporary Regulated Signs Allowed Without a Permit B. One (1) temporary sign for church functions, not exceeding nine (9) square feet in surface area, and located on church property. Commercial signs visible within the window or door display area, provided they do not exceed twenty percent (20%) of the area of any given window or glass door, and are not illuminated except by normal interior business lighting or by soft indirect lighting of an entire window unit. Signs described in Sec , Temporary Regulated Signs Allowed Without a Permit, Item D, and Sec , Permanent Regulated Signs Allowed Without a Permit, Item C, displays of merchandise in windows, and photographs of homes or other properties in the windows of real estate offices may be placed in commercial windows in addition to the twenty percent (20%) area restriction or one (1) electronic monitor type display per building frontage may be used with a rate of up to ten (10) changes per minute and not to exceed a brightness of two (2) foot-candles at twelve (12) inches directly in front of the display screen. Monitors located six (6) feet or less from the window shall not exceed thirty-two (32) inches in size. Monitors

18 C. D. E. F. G. H. I. located beyond six (6) feet from the window shall not exceed forty-two (42) inches in size. Sizes of such monitors shall be measured diagonally across the display screen. One (1) temporary on-premise sign advertising the rent, sale, or lease of a commercial or residential property, provided that the surface area does not exceed four (4) square feet in surface area per building and the sign is not illuminated. However, if the setback requirement cannot be met, the sign shall comply with Sec , Temporary Regulated Signs Requiring a Permit, Item B. Signs sponsored by municipal, school, civic, and other nonprofit organizations, provided that the signs are only displayed in commercial zones, have a maximum surface area of nine (9) square feet, are posted in either in commercial windows or in a secure fashion on private property, and are posted not more than thirty (30) days prior to a scheduled event and removed within twenty-four (24) hours after the event. Signs advertising the sale of produce out of a home garden on the premises where the produce is being sold, not to exceed three (3) non-illuminated signs per premises, provided that such signs do not exceed four (4) square feet in surface area per sign face, and shall be displayed only from March through October. Residential yard sale signs, provided they do not exceed four (4) square feet in surface area per sign face, and the maximum time for display does not exceed forty-eight (48) hours. Construction identification signs used prior to and during construction to identify the name of a new project and/or the principle contractor or developer, provided they meet the following requirements: Each project site shall have no more than one (1) identification sign with one (1) sign face; Identification signs shall be either attached to the building under construction or affixed to a secure temporary post, and located out of the public right-of-way; and Identification signs shall be no greater than four (4) square feet in residential zoning districts and sixteen (16) square feet in commercial zoning districts. Political signs, provided they are displayed on private property, are not displayed within public rights-of-way and do not constitute a hazard to pedestrian or vehicular traffic. Such signs shall be removed within seven (7) calendar days after the election. One (1) "Open" sign per each public entrance, not to exceed three (3) square feet per sign. Types of displays may be flags, wall signs, or attachments to permitted freestanding signs. Such signs shall not include advertisements for the business. Such signs shall not obstruct the sidewalk, shall not be displayed on public rights-of-way, and shall be removed each day upon the closing of the business. J. Real estate open house signs provided they meet the following conditions: 1. No larger than 4 square feet with maximum height of 4 2. May be displayed from 8am to 8pm 3. Must be removed each day 4. Only one (1) on site sign allowed K. Construction project informational signs provide they comply with the following: 1. No larger than 4 x 8 with max height of % or more of the sign must be used for announcing the project 3. Sign must have a graphic rendering of the project 4. Project value must exceed $500, Sign cannot be lighted

19 6. Single sided 7. May not be erected until Zoning Certificate / Watershed Permit is issued 8. Must be removed within seven (7) days of issuance of Certificate of Compliance 9. Must be placed on the property and cannot hinder sight lines for vehicular and pedestrian travel. C. Public Comment There were no public comments D. Close Public Hearing Mayor Pro Tempore made a motion to close the public hearing at 7:19 PM, which was seconded by Commissioner Dotson and the vote was unanimous. E. Council Action Commissioner Dotson asked that clear lights be allowed as well as white lights in Section Exterior Commercial Lighting, 9.b. Accent Lighting. Commissioner Dotson would like Citizens Band Radio exclusion in Section 6.6.2, Paragraph C. He suggested the following revision: C. Amateur Radio Exclusion. This Ordinance shall not govern the installation of any amateur radio facility being either federally licensed or Citizens Band. Mayor Pro Tempore Patterson made a motion to approve UDO amendments as presented excluding Section Use Table awaiting rewording from Planning Board Chairman Thomas Craig and include the revisions made by Commissioner Dotson of white or clear lights in Section and the inclusion of Citizens Band Radio in paragraph C of Section 6.6.2, which was seconded by Commissioner Pierson and the vote was unanimous. 8. Financial Matters: Macon County Recreation Macon County requested payment for repairs to the irrigation system at Zachary Park totaling $4, In addition, an invoice from Tate Landscaping for $ for work on the irrigation at Zachary Park has been received. Town Finance Director/Town Clerk Shuler requested the budget be amended to properly recognize these expenses. Mayor Taylor has spoken to Macon County s Manager Derek Roland regarding the expiration of the Town maintenance contract for Zachary Park and they would be happy to meet with our representatives to discuss revising the contract. Mayor Pro Tempore Patterson would like more information regarding the contract, its history and the responsibilities of the Town and the County. Commissioner Calloway has spoken to County Commissioner James Tate who agreed that a revised contract was needed. Mayor Taylor and Parks & Recreation Director Norris will get the requested information and report back to the Recreation Committee. Commissioner Pierson made a motion to pay for the irrigation system repairs, approve the budget amendment to recognize the expenses and work on getting a new contract established with the county specifying Town responsibilities and County responsibilities, which was seconded by Commissioner Dotson and the vote was unanimous.

20 TOWN OF HIGHLANDS BUDGET AMENDMENT November 10, 2016 AMENDMENT # FROM: General Fund DEPARTMENT: Recreation Dept. EXPLANATION: Appropriation from fund balance to cover repairs to irrigation at Zachary Field. ACCOUNT DESCRIPTION INCREASE DECREASE Fund Balance Appropriated ~ General Fund 5, Mowing & Maintenance ~ Zachary Field 5, Approved by Town Manager Action by Town Board Approved and Entered on Minutes Dated Clerk 9. Closed Session: Pursuant to NCGS (a)(6) Personnel Matters Commissioner Pierson made a motion to go into Closed Session pursuant to NCGS (a)(6) to discuss personnel matters at 7:29 PM, which was seconded by Commissioner Calloway and the vote was unanimous. Once discussion was held, Commissioner Pierson made a motion to go back into open session, which was seconded by Mayor Pro Tempore Patterson and the vote was unanimous. No action taken. Meeting Recessed Commissioner Pierson made a motion to recess the meeting at 9:02PM and reconvene Wednesday, November 23, 2016, at 5:00 PM at the Police Department where the Board would continue Closed Session pursuant to NCGS (a)(6) personnel matters. The motion was passed unanimously. Patrick Taylor Mayor Lisa Billingsley Deputy Town Clerk

21 Recessed Meeting Minutes of the Town of Highlands Board of Commissioners Meeting of November 23, 2016, at the Highlands Police Department, 372 Oak Street, Highlands, North Carolina Town Board Present: Commissioner John Dotson, Mayor Pro Tempore Amy Patterson, Commissioner Donnie Calloway, Commissioner Eric Pierson, Commissioner Brian Stiehler and Mayor Pat Taylor Meeting Reconvened Mayor Taylor reconvened the regular meeting of Thursday, November 17th, 2016, at 5:00 PM to continue Closed Session pursuant to NCGS (a)(6) to discuss personnel matters. 9. Closed Session: Pursuant to NCGS (a)(6) Personnel Matters Mayor Pro Tempore Patterson made a motion to go into Closed Session pursuant to NCGS (a)(6) at 5:02 PM to discuss personnel matters, which was seconded by Commissioner Stiehler and the vote was unanimous. Once discussion was held, Mayor Pro Tempore Patterson made a motion to go back into open session at 7:15 PM, which was seconded by Commissioner Pierson and the vote was unanimous. No action taken. 10. Adjournment There were no further matters to come before the Board of Commissioners, Mayor Pro Tempore Patterson made a motion to adjourn at 7:16 PM, which was seconded by Commissioner Pierson and upon unanimous vote, the Town Board adjourned. Patrick Taylor Mayor Lisa Billingsley Deputy Town Clerk