70.       SECTION 15.3 EXEMPTIONS.

Subdivisions that produce more than 800 trips per day traffic may be exempted from the requirements to prepare and submit a traffic impact study if: (1) a traffic impact study has previously been prepared for this particular subdivision, or (2) material is submitted to demonstrate that traffic created by the subdivision when adding to existing traffic will not result in a need for transportation improvements. The Planning Board and Board of Commissioners will review material submitted in support of an exemption and will determine from that material whether or not to grant the exemption. All exemptions shall be concurred with by the NCDOT Division 14 Office.  If an exemption is granted, documentation of the exemption will be submitted as part of the staff recommendation.  Polk County may require any application for subdivision approval to be accompanied by a traffic impact study when a road capacity or safety issue exists.  If one is required, the County will notify the applicant of the reason for the requirement.

 

71.       16.5.5.5  Multiple Establishments on Single Lots.  Lots with two (2) to five (5) establishments on a single tract may erect one monument or pole sign per lot.

 

72.       16.5.5.6  Integrated Center with Five (5)  Six (6) or More Establishments.

 

73.       16.6.2.  The Administrator shall possess the authority to order the painting, repair, or alteration of a sign which constitutes a hazard detriment to the health, safety, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence.  Notice to the owner shall be by personal service or certified mail, return receipt requested.

 

74.       ARTICLE 17.  Added note to contents page as follows: See Appendix A for definitions or words and phrases in quotes.  Inserted quotes around all words within Article 17 which were listed in Appendix A.

 

75.       17.4.1.1.  The applicant has failed to provide information reasonable necessary for issuance of the license or has falsely answered a question or request for information on the application form;

 

76.       SECTION 18.8 JURISDICTION.

These regulations shall govern the establishment of each and every manufactured home park established after the effective date of this Part.  Additionally, these regulations shall govern the alteration or expansion of existing manufactured home parks after the effective date of this Part.  These regulations apply to all lands lying within the territorial jurisdiction of Polk County and within the planning jurisdiction of any municipality whose governing body by resolution agrees to such regulation.  No person or persons may locate or cause to be located, in regard to property under his possession or control, more than two (2) manufactured homes on a tract of land without complying with the provisions of this Part.  Manufactured home sales lots shall not be subject to these regulations.

Owners of existing manufactured home parks shall register their park with the County Planning Department within six months of the enactment of these regulations.

 

77.       18.10.3.4.  In no case shall the operating permit be issued for less than the minimum number of spaces required by these regulations (see Section 18.11.2.1).

 

78.       18.11.4  Street Naming.  In order to lessen confusion which could hamper the response time for emergency vehicles, the name of the manufactured home park and the roads shall not duplicate nor closely approximate the name of an existing park, subdivision and or roads within Polk County.  All roads and street addresses shall be in accordance with the Polk County Uniform Street Naming Ordinance subject to the approval of the E911 Addressing Administrator.

 

79.       19.7.2 Hearing Procedure.  The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing within ten (10) business days of filing receiving notice.  The request shall be filed with the magistrate in Columbus.  The magistrate shall set the hearing before the magistrate within ten (10) calendar days of receiving the request. The owner or the person requesting the hearing, if not the owner, and the Administrator shall be notified of the time and place of the hearing.  The owner, the Administrator or designee, and any other interested parties may present evidence at the hearing.  The Administrator or designee may submit an affidavit in lieu of appearing personally, but the affidavit does not preclude that person from also testifying.  The only issue at this hearing is whether or not the County had grounds to remove the vehicle.  Any aggrieved party may appeal the magistrate’s decision to District Court as provided in North Carolina General Statutes.

 

80.       19.8.1  Preexisting Salvage Yards.  The following criteria shall apply to preexisting salvage yards which are were registered within 60 days of the effective date of this Article on or before April 21, 2006.  Any expansion beyond properties registered as salvage yard properties must comply with the requirements for new salvage yards.  No portion of any salvage shall be operated, or maintained, except those salvage yards meeting any of the following conditions: