WSMU_MRSV_Zoning Ordinance_19970930_Annotated

, o� t{,Mo+c C . 44 9.c(a) q/301 19?
1. Approval of the variance; or
2. Approval of the variance with fair and reasonable conditions attached; or
3. Denial of the variance.
The Town Board shall conduct the public hearing in a quasi-judicial manner; with
all persons giving testimony having first been sworn in. The Town Board shall
base their recommendation on the testimony given at the public hearing. The
Town Board may make a recommendation to approve the variance only after each
of the following fmdings are found in the affirmative:
0*--- 1. There are actical diffi • ss hardships in the way of
carrying out the stri letter of the Ordinance.
JV-
rk a findingfnay be made if it is determined that:
a. 1---leg p provisionsproperty
e com lies with the of this Ordinance, the
owner can secure no reasonable return from or make no reasonable
use of, his property; and,
b. The hardship results from the application of the Ordinance; and,
c. The hardship is suffered by the applicant's property; and,
d. The hardship is not the result of the applicant's own actions; and,
e. The hardship is peculiar to the applicant's property.
2. That the variance is in harmony with the general purpose and intent of the
Ordinance and preserves its spirit; and
3. That in the granting of the variance, the public safety and welfare have
been assured and substantial justice has been done.
4. That the reason set forth in the application justify the granting of a
variance, and that the variance is a minimum one that will make possible
the reasonable use of land or structures in the same district, and no
permitted use of land or structures in other districts, shall be considered
grounds for the granting of a variance.
If the Town Board fails to make a recommendation within said sixty-day period,
the application shall be forthwith forwarded by the Town directly to the
Environmental Management Commission.
5

3. Notification of said Town Board public hearing shall be as follows:
The Subdivision Administrator shall give notice of the Town Board public hearing
by publishing a notice in a newspaper having general circulation in the
Mooresville area at least seven (7) days prior to the date established for the
meeting. In addition, the applicant, all abutting property owners, and the Clerk
of all other local governments having jurisdiction within that watershed shall be
sent by first class mail a notice of the Town Board public hearing at least seven
(7) days prior.
4. Once the Town Board has made a recommendation on an application, it shall be
forthwith forwarded, along with all supporting information, to the Environmental
Management Commission. Information which shall be forwarded shall include
the following:
a. The variance application;
b. Evidence that proper notification of the Town Board public hearing has
been made;
c. A summary of evidence presented;
d. The Town Board's recommendation, including all conditions proposed to
be added to the permit.
5. If the Environmental Management Commission approves the variance application,
any conditions, stipulations or modifications it requires shall become part of any
subdivision plat subsequently approved by the Town of Mooresville pertinent to
that development. Following the approval of a variance application by the
Environmental Management Commission, the Town shall approve the subdivision
plat so long as it otherwise is in conformance with all other applicable regulations
of this Ordinance.
6. If the Environmental Management Commission disapproves a variance request,
the Town of Mooresville shall not accept an application for a similar variance
request affecting the same property(ies) for a period of one (1) year following the
date of denial.
7. The Subdivision Administrator shall maintain a file on all applications for minor
and major variances. A copy of all information pertaining to such application
requests (including actions taken by the Board of Adjustment on minor variance
applications) shall be submitted annually during the last week of June to the
Division of Environmental Management, Supervisor of the Classification and
Standards Group.
6

Section 409.6. Amendments to Regulations Pertaining to a WS Disixict
Under no circumstances shall the Town Board adopt any amendment, addition, or deletion that
would cause these regulations to violate the watershed protection rules as adopted by the N.C.
Environmental Management Commission. All amendments must be filed with the N.C. Division
of Environmental Management, N.C. Division of Environmental Health, and the N.C. Division
of Community Assistance for their review prior to adoption by the own Board. Otherwise,
amendments to the regulations contained in Section 409 of this Ordinance shall follow the
procedures described in Section 208 of this Ordinance.
7

Section 204. Definitions
Best Management Practices (BMP). A structural or nonstructural management-based practice
used singularly or in combination to reduce nonprofit source inputs to receiving waters in order
to achieve water quality protection goals.
Buffer. An area of natural or planted vegetation through which stormwater runoff flows in a
diffuse manner so that the runoff does not become channelized and which provides for infiltration
of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool
elevation of impounded structures and from the bank of each side of streams or rivers.
Built-upon Area. Built-upon areas shall include that portion of a development project that is
covered by impervious or partially impervious cover including buildings,pavement, gravel roads,
recreation facilities (e.g., tennis courts), etc. (Note: Wooden slatted decks and the water area
of a swimming pool are considered pervious). An example of how this is to be computed is as
follows:
ToTRL LOT AREA = G5,Q0O
Untlevcloperi Area_— 511cxx)ft.2
E'FIStin9 T'das4n4.1
But 14,not.
101 O00 ff.
Paved Po.K Zet
+ o o O t.
EA Sal
1 Property in WS-IV ProBe�d au.
2. Low density optics being used.
3. Taal lot area=65,000 sq.R
4. Exiingg built-upoe area of 14,000 sq.ft.
(10,000 N.ft. +4,000 sq.ft)
5. 51,000 sq.ft d undeveloped land.
8

DEVELOPMENT CAPABILITIES
Existing development(i.e.,14,000 sq.ft.)not to be included in calculation.
2. Additional lot coverage permiued of up to 12,240 sq.ft.
(51,000 sq.ft.x 24%maximum built-upon area= 12,240 sq.ft.)
Cluster Development. The grouping of buildings in order to conserve land resources and
provide for innovation in the design of the project.
Critical Area. The area adjacent to a water supply intake or reservoir where risk associated
with pollution is greater than from the remaining portions of the watershed. The critical area
is defined as extending either one-half mile from the normal pool elevation of the reservoir in
which the intake is located or to the ridge line of the watershed (whichever comes first); or one-
half mile upstream from the intake located directly in the stream or river (run-of-the-river), or
the ridge line of the watershed (whichever comes first). Local governments may extend the
critical area as needed. Major landmarks such as highways or property lines may be used to
delineate the outer boundary of the critical area if these landmarks are immediately adjacent to
the appropriate outer boundary of one-half mile.
Development. Any land disturbing activity with adds to or changes the amount of impervious
or partially impervious dover on a land area or which otherwise decreases the infiltration of
precipitation into the soil.
Development, Existing. Those projects that are built or those projects that at a minimum have
established a vested right under North Carolina Zoning Law as of the effective data of this
ordinance based on at least one of the following criteria:
(1) substantial expenditures of resources (time, labor, money) based on a good
faith reliance upon having received a valid local government approval to
proceed with the project, or
(2) having an outstanding valid building permit as authorized by the General
Statutes (G.S. 160A-385.1), or
(3) having expended substantial resources (time, labor, money) and having an
approved site specific or phased development plan as authorized by the
General Statutes (U.S. 160A-385.1).
Existing Lot (Lot of Record). A lot which is part of a subdivision, a plat of which has been
recorded in the Office of the Register of Deeds prior to July 1, 1993 of this Ordinance, or a lot
described by metes and bounds, the description of which has been so recorded prior to July 1,
1993. (NOTE: This definition containing the July 1, 1993 stipulation shall be applicable only
to Section 409 of this Ordinance. Otherwise, the term "existing development" shall be employed
with reference to time on and after the effective date of this Ordinance.)
High-Density Option. A subdivision or development which contains engineered stormwater
9

control devices approved by a local government jurisdiction, thereby enabling development to
occur at a higher intensity (than if the low-density option were used) as prescribed by the
Environmental Management Commission's adopted Water Supply Watershed Protection Rules.
Low-Density Option. A subdivision or development which does not contain engineered
stormwater control devices (i.e., west detention ponds) approved by a local government
jurisdiction.
Variance, Major. A variance that results in any one or more of the following:
(1) the complete waiver of a management requirement;
(2) the relaxation, by a factor of more than ten percent (10%), of any
management requirement that takes the form of a numerical standard;
(NOTE: This definition shall apply to Section 409 only.)
Variance, Minor. A variance that does not qualify as a major variance.
Water-Borne Structure. Any structure for which the use requires access to or proximity to or
citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks
and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and.
commercial boat storage areas are not water dependent structures. (NOTE: This definition shall
apply to Section 409 only.)
10

Section 409. Provisions for Watersheds Located in a Water Supply Watershed
The provision of Section 409 shall be applicable only to subdivisions located in a Water Supply
Watershed designated by the North Carolina Environmental Management Commission and as
depicted on the Town of Mooresville's Official Zoning Map. Such provisions are enacted under
Chapter 143, Article 21, Watershed Protection Rules, and are designed to promote the public
health, welfare, and safety of local citizens.
Section 409.1 General Provisions
Any subdivision of land (as herein defined) which is located within a Water Supply Watershed
shall not be filed or recorded by the Register of Deeds until it has been approved in accordance
with the provisions of this Section. Likewise, the Clerk of Superior Court shall not order or
direct the recording of a plat if the recording of such plat would be in conflict with this Section.
All subdivisions of land shall have a statement signed by the Subdivision Administrator indicating
whether or not a subdivision lies within a designated Water Supply Watershed. Said statement
shall take one of the following forms, as appropriate:
1. The (name of subdivision) Subdivision, to the best of my knowledge, does not lie within
a Water Supply Watershed designated by the North Carolina Division of Environmental
Management.
Date Subdivision Administrator
2. Lots (fill in appropriate lot numbers)of the (name of subdivision) Subdivision, to the best
of my knowledge, lie within the (classification of watershed) of the (name of body of
water), as designated by the North Carolina Division of Environmental Management.
Lots (fill in appropriate lot numbers) of the (name of subdivision) do not lie within a
water supply watershed.
Date Subdivision Administrator
1

I
3. All lots within the (name of subdivision), to the best of my knowledge, lie within the
(classification of watershed) of the (name of body of water), as designated by the North
Carolina Division of Environmental Management.
Date Subdivision Administrator
Section 409.2 Subdivision Application and Review Procedures
Subdivisions not located within a designated Water Supply Watershed shall not be subject to the
regulations of this Section. In addition, any subdivision located within a WS-IV watershed shall
be subject to these regulations only when an erosion and sedimentation plan is required to be
filed under provisions of the North Carolina General Statutes or an adopted local sedimentation
control plan.
Section 409.3 Subdivision Standards and Required Improvements
A. Density and Built-Upon Limitations
Except as herein provided and in Section 409.2, every lot created for single-family development
and recorded after the effective date of these regulations shall meet the minimum lot areas and
built-upon areas described below. Any lot not to be used for single-family residential purposes
shall be noted on the preliminary and final plats with the designation NOT FOR SINGLE-
FAMILY RESIDENTIAL PURPOSES".
WATER SUPPLY WATERSHED DISTRICT
IN WHICH THE LOT IS LOCATED MINIMUM LOT AREA (SQ. FT.)
WS-II Protected Area One (1) acre
WS-IV Critical Area One-half (1/2) acre
WS-IV Balance of Watershed One-half (1/2) acre;
Said minimum lot sizes may be reduced in a cluster subdivision so long as the overall density
of the subdivision does not exceed that which would be allowed if clustering were not employed.
An example of how this is to be interpreted is found on the following page:
2

TRA2TA- : 8.5 Acres.
LIn disfruLed or
OEM
mmol %-�
== ='
-- wools usi
E7 IF *
De2.4
,ved.emee.4%
C= C10�� ��4I
0 Lots .iuiiiilli..ui
r
FACTS
1. Tract A located in a WS-IV Protected area district.
2. Low density option being used.
3. Tract A contains 85 acres.
4. Maximum single-family density of 2 units per acre allowed.
5. Tract A is allowed to have 170 single-family residential lots.
(85 acres x 2 = 170)
DEVELOPMENT CAPABILITIES
1. Cluster development can contain 170 lots.
2. Lot sizes of less than one-half acre are permitted so long as
no more than 170 lots are created.
Section 409.4 Information To Be Contained in or Depicted on Preliminary and
Final Plats
In addition to all information required to be placed on plats as indicated in Section 311, the
following information shall also be shown on or attached to any plat containing properties located
within a designated Water Supply Watershed. An "X" indicates what information is required.
Preliminary plat information is only required for major subdivisions.
Information Preliminary Plat Final Plat
-Certification that Subdivision Lies Within a X X
Watershed (per Section 409.1)
-Designation of a thirty (30) Foot Vegetative
Buffer along Perennial Streams X X
3

-Identification of Lots not to be Developed for X X
Single- or Two-Family Residential Purposes
-Acreage of Each Lot Not Being Developed for X X
Single- or Two-Family Residential Purposes
-Identification of Stormwater Drainage Facilities X X
Used (including direction of flow) and Best
Management Practices Employed
Section 409.5. Variances
A. Minor Variances
Minor variances (see definition) may be granted by the Board of Adjustment to the
regulations contained herein (unless specifically prohibited) under guidelines provided in
Article 10 of this Ordinance except that a copy of the public hearing notice shall be sent
by first class mail at least seven (7) days prior to the public hearing to the clerk of all
their local governments having jurisdiction within the same watershed.
B. Major Variances
Under no circumstance may the Mooresville Town Board or Mooresville Planning Board
issue a major variance(see definition). Applications for major variances shall be handled
in the following manner:
1. An application for a major variance shall be on a form prescribed by the Town
and shall be accompanied by a fee, the amount of which is in accordance with a
fee schedule established by the Town. An application will not be considered
complete unless it contains all information required and accompanied by said fee.
All applications shall be submitted to the Subdivision Administrator. Once having
received an application, the Subdivision Administrator shall have three (3)
working days to determine its completeness.
2. The Subdivision Administrator, having determined that an application is complete,
shall place the item on the agenda of a Town Board regular or special meeting
occurring at least fourteen (14) days thereafter. The Town Board shall hold a
public hearing on the application at said meeting and, within two (2) months
thereafter, make a recommendation to the Environmental Management
Commission on said matter. Said recommendation shall be in one of the
following forms:
4