§ 12-11. Exemptions.

(a)

Nothing in this Chapter (other than subection 12-9(a)(9)) shall apply to the following:

(1)

The rental of rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as the owner's residence;

(2)

A religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by, or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons of the same religion, unless membership in such religion is restricted on account of race, color, or national origin;

(3)

Private clubs, not in fact open to the public, which as an incident to their primary purpose or purposes provide lodging which they own or operate for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(b)

Nothing in subsections 12-9(a)(3),(4) or (5) of this Chapter shall require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

(c)

No provision of this Ordinance limits the applicability of any lawful local or state restriction regarding the maximum number of occupants permitted to occupy a dwelling unit.

(d)

Nothing in this Ordinance shall be deemed to nullify any provisions of the North Carolina Building Code applicable to the construction of residential housing for the handicapped.

(e)

No provision of this Ordinance regarding familial status applies with respect to housing for older persons. "Housing for older persons" means housing:

(1)

Provided under any state or federal program specifically designed and operated to assist elderly persons as defined in the program;

(2)

Intended for and solely occupied by person 62 years or older. Housing satisfies the requirements of this subdivision even though there are persons residing in such housing on September 13, 1988, who are under 62 years of age, provided that all new occupants after September 13, 1988, are 62 years or older; or

(3)

Intended for and operated for occupancy by at least one person 55 years of age or older per unit as shown by such mandatory factors as

a.

The existence of significant facilities and services specifically designed to meet the physical and social needs of older persons or, if this is not practicable, that the housing provides important housing opportunities for older persons;

b.

At least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and the publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. Housing satisfies the requirements of this subdivision even though on September 13, 1988, under 80 percent of the units in the housing facility are occupied by at least one person 55 years or older per unit, provided that 80 percent of the units that are occupied by new tenants after September 13, 1988, are occupied by at least one person 55 years or older per unit such time as 80 percent of all the units in the housing facility are occupied by at least one person 55 years or older. Housing facilities newly constructed for first occupancy after March 12, 1989, shall satisfy the requirements of this subdivision if

c.

When 25 percent of the units are occupied, 80 percent of the occupied units are occupied by at least one person 55 years or older, and thereafter

d.

Eighty percent of all newly occupied units are occupied by at least one person 55 years or older until such time as 80 percent of all the units in the housing facility are occupied by at least one person 55 years of age or older.

Housing satisfies the requirements of subsections 12-11(e)(2) and (3) even though there are units occupied by employees of the housing facility who are under the minimum age or family members of the employees residing in the same unit who are under the minimum age, provided the employees perform substantial duties directly related to the management of the housing.

(Ord. of 8-3-1995, Art. V, § 5.3, eff. 1-1-1995)