INC NEWS - INC-list Digest, Vol 10, Issue 4

Mon Oct 10 08:07:15 EDT 2005

Please be aware that the new screening requirements do not affect
service stations as was reported. They only affect vehicle repair shops
and junkyards.

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Today's Topics:

   1. INC NEWS - Fw: Ordinance (Mike - Hotmail)
   2. INC NEWS - new HOA laws and seminar (RW Pickle)
   3. INC NEWS - Book sale @ library downtown Durham (Laura Drey)

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Message: 1
Date: Fri, 7 Oct 2005 13:55:05 -0400
From: "Mike - Hotmail" <mwshiflett at hotmail.com>
Subject: INC NEWS - Fw: Ordinance
To: <inc-list at durhaminc.org>
Message-ID: <BAY9-DAV5243B55F8C81CFE0D89B42C8840 at phx.gbl>
Content-Type: text/plain; charset="iso-8859-1"

Attention all neighborhoods with Service Stations and/or Repair Shops in
(or near) your communities.

Beginning January 1st, 2006 a change in our ordinances will take affect
(see below).

If you have a non-compliant situation that has created a negative blight
on your neighborhood,  you should be aware what this ordinance states
and what the requirements are.

This information has been provided by Grace.

Thank you!

Grace D. Smith, CZO

Planning Supervisor

Durham City-County Planning

101 City Hall Plaza

Durham, NC 27701

(919) 560-4137 ext. 215

Supplementary Requirements

7.40 Service Stations and Vehicle Repair Shops
When allowed, service stations and vehicle repair shops shall be subject
to the following additional requirements: 

  1.. In zoning districts where trucks or other vehicles are displayed
as an accessory use for rent, the site plan shall indicate the area to
be used to display rental vehicles. Spaces for rental vehicles shall be
in addition to any parking spaces required for operation of the other
activities. Rental activities may not occupy more than 50% of the site
area. 
  2.. Fuel pumps shall be at least 15 feet from property lines. Canopies
shall be at least 5 feet from property lines. 
  3.. Any repair, servicing, maintenance, or other work on vehicles
shall be conducted within an enclosed structure which does not exceed 20
feet in height. 
  4.. Storage of vehicles for 15 days or more or junking of vehicles
shall be prohibited. Vehicle sales shall also be prohibited. 
  5.. Replacement parts and accessories shall be stored inside.
Discarded parts shall not be stored outside. 
  6.. Vehicles associated with the use shall not be stored or repaired
within federal, state, or local public rights-of-way, including streets
and sidewalks. 
  7.. Uses not covered by an existing site plan shall organize the
off-street parking areas to provide adequate customer parking and access
for emergency vehicles. 
  8.. Nothing in this subsection shall be construed as allowing
properties designated as service stations or vehicle repair shops to be
involved in disassembling, tearing down, or scrapping of a vehicle or to
permit one vehicle to be scavenged or stripped for parts for use on
another vehicle. 
  9.. Vehicle stacking lanes in addition to the required parking spaces
shall be provided when businesses perform services such as oil changes
on successive vehicles. Stacking space for at least 4 vehicles shall be
provided on the site. Parked vehicles and vehicles waiting for service
may not block sidewalks, driveways, or streets. 
  10.. A sight obscuring wall or hedge shall be provided adjacent to
residential property in conformance with Section 10. The landscaping
plan shall also be designed to reduce clear views through the building
from the right of way. 
  11.. A spill preventions and counter measures plan will be provided
with the site plan that will include at a minimum: 
    1.. Cleanup procedures for spills occurring inside and outside the
building. 
    2.. Counter measures for use in preventing spills from entering the
storm water collection system. 
    3.. Routine cleanup procedures for work areas and parking areas.
Wash down water shall not be permitted to enter the storm water
collection system. [Please note the standards of Section 8 regarding
Waste Products] 
  12.. Additional conditions may be added by the approving authority as
necessary in order to reduce the visual impact of the site on nearby
properties and to protect the health, safety, and welfare of nearby
properties. These may include but are not limited to additional
buffering, additions to the landscape plan to reduce unsightly views,
and other such measures. 

  Existing vehicle repair shops on parcels with zoning that permits the
use, which were in operation prior to January 1, 1994, and do not comply
with the provisions above, shall have until January 1, 2006, to provide
an opaque screen (a fence or wall at least 6 feet but no more than 8
feet in height, with a vegetative cover that, at maturity, covers 75% of
the fence or wall, between the fence or wall and the property line) to
fully screen the operations of the vehicle repair shop. Such fences
shall not be located within any sight distance triangles at any
intersection, but shall be set back to provide unimpeded vision
clearance for vehicular traffic. 

  Existing vehicle repair shops on parcels with zoning that does not
permit the use, which were in operation prior to January 1, 1994, shall
have until January 1, 2009, to come into full compliance with all
requirements of the Zoning Ordinance or shall be required to cease
operation. 
Supplementary Requirements 

7.38 Salvage Operations and Yards and Junkyards
When allowed, salvage operations and yards shall be subject to the
following additional requirements: 

      1.
     The salvage operations and yards shall be enclosed by a fence and
shall be screened from view. The fence shall be 8 feet high, measured
from the lowest point of grade. The fence shall be maintained in good
condition. No stored materials shall be visible from ground level
immediately outside the fence.

      2.
     The applicant shall demonstrate that the stored materials will not
pose a danger to surrounding properties, or residents, due to noise,
runoff, animal or insect populations or other factors.

      3.
     The site may not be located adjacent to residentially zoned
property.

      4.
     A landscape screen shall be provided in conformance with Section
10.

      5.
     The approving authority may add additional conditions in order to
protect the general welfare of citizens.

Existing salvage yards and junkyards on parcels with zoning that permits
the use, which were in operation prior to January 1, 1994, and do not
comply with the provisions above, shall have until January 1, 2006, to
provide a fence consistent with the requirements of 1 (above). 

Existing salvage yards and junkyards on parcels with zoning that does
not permit the use, which were in operation prior to January 1, 1994,
shall have until January 1, 2009, to come into full compliance with all
requirements of the Zoning Ordinance or shall be required to cease
operation.

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Message: 2
Date: Fri, 7 Oct 2005 16:09:38 -0400 (EDT)
From: "RW Pickle" <randy at 27beverly.com>
Subject: INC NEWS - new HOA laws and seminar
To: inc-list at durhaminc.org
Message-ID:
	<49204.71.111.218.137.1128715778.squirrel at webmail.patriot.net>
Content-Type: text/plain;charset=iso-8859-1

I am posting this to the INC list thinking it may help other HOA's here.
It is not relative to Forest Hills.

RWP

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Dear?Forest Hills Homeowner Association Board or Committee Member:

Fast forward to your first board meeting of 2006:??chances are that
there
is at least one resident who will appear at your board meeting to
challenge the association's compliance with the new homeowner
association
laws.? Is your board prepared?

Was your association created before or after Jan 1, 1999?? Do the new
laws
supercede your covenants?? Does your association have a 'Best Practice'
Policy for Fines and Collections?? Have you checked your local sign
ordinance?? What financial records must be made available to residents??
Are the association bylaws specific about payments and reimbursements to
board members?? The Law Firm of Bailey and Dixon will answer these and
other questions at the Raleigh seminar.

The first seminar on the new House Bill 1541 is in Raleigh on October
25th!? Registration has been steady and seating is limited.? There are
over 3,400 associations in the Triangle region and seating for only 250
associations.? Register online now and ensure that your association is
prepared on January 1, 2006.

Please visit www.hoa-nc.com to learn more and to register to attend a
seminar in your area.

Thank You,

Jim Laumann, President
Homeowner Associations of North Carolina (HOA-NC)
www.hoa-nc.com
jlaumann at hoa-nc.com

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Message: 3
Date: Fri, 07 Oct 2005 14:43:59 -0400
From: Laura Drey <lkdrey2 at yahoo.com>
Subject: INC NEWS - Book sale @ library downtown Durham
To: downtown listserve <ABCDdurham at yahoogroups.com>,
Interneighborhood
	council <inc-list at durhaminc.org>
Message-ID: <BF6C3A2F.5D97%lkdrey2 at yahoo.com>
Content-Type: text/plain; charset="iso-8859-1"

Friends of the Durham Library
2005 FALL BOOK SALE

Main Library, 300 N. Roxboro Street, downtown Durham.

Friday, Oct. 7
4 - 7 pm 
Members only
Memberships sold at the door

Saturday, Oct. 8
10 am - 4 pm
Everyone welcome

Sunday, Oct. 9
2 - 5 pm
Everyone welcome
$7 Bag Sale

Nonfiction starts at 50? for paperbacks/$1 for hardbacks.
Includes books in gift-giving condition, audiobooks, CDs and videos.

Coffee table books $2.00 and up

There are antique books and textbooks.

Book Sales! 
The Friends conduct book sales three times a year, offering a wide
variety
of materials from a wide variety of donors, including books, videos and
CD's. Many books are in gift-giving condition. Check the Library's
programs
page for the latest book sale dates. Book donations are welcome year
round.

For more information, call 560-0150 or go to
www.durhamcountylibrary.org/pr/program.htm#booksale 
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