WSMU_VASS_WSWP Ordinance_20240408

Town of Vass
Zoning Ordinance
Amended December 11, 2023

TOWN OF VASS ZONING ORDINANCE
Adopted December 8, 2008
Amended: 2/12/11; 9/12/11; 11/12/12; 11/09/15; 2/10/21; 4/12/21; 6/14/21; 7/18/22;
10/10/22; 3/13/23; 8/14/23; 11/17/23; 12/11/23
Table of Contents
Article 1, LEGAL PROVISIONS 10
1.1 Short Title 10
1.2 Authority 10
1.3 Jurisdiction 10
1.4 Declaration of Necessity 10
1.5 General Purpose 11
1.6 Relationship to Existing Zoning Ordinance 11
1.7 Relationship to Land Use Development Plan 11
1.8 Conflict with Other Regulations 11
1.9 Relationship to Private Agreements 12
1.10 Zoning of Annexed Land 12
1.11 Compliance with Ordinance 12
1.12 Fees 13
1.13 Severability 13
1.14 Rules Applicable to Lots Split by Zoning Districts 13
1.15 Military Notification. 13
1.16 Vested Rights; Site Specific Development Plan 14
1.17 Vested Rights Upon Issuance of Development Permits 15
1.18 Permit Choice 16
1.19 Effective Date 16
Article 2, THE TOWN BOARD OF COMMISSIONERS AND ITS ADMINISTRATIVE
MECHANISMS 17
Part I. Town Board of Commissioners 17
2.1 Town Board of Commissioners Responsibilities 17
2.2 Procedure on Amendments to This Ordinance 17
2.3 Procedure on Application for Approval of Special Uses 17
Part 2. Planning Board 18
2.5 Intent 18
2.6 Establishment and Principles 18
2.7 Qualifications for Members 18
2.8 Tenure 19
2.9 Rules of Procedure 19
2.10 Meetings 19
2.11 Meeting Minutes 19
2.12 General Powers and Duties 19
2.13 Specific Powers and Duties 20
2.14 Intent of the Comprehensive Land Use Plan 21
2.15 Administrative Officer to Act as Staff to Planning Board 21
2.16 Conflicts of Interest 21
1

Part 3. Zoning Board of Adjustment 21
2.17 Establishment of the Zoning Board of Adjustment 22
2.18 Tenure 22
2.19 Rules of Procedure 22
2.20 Powers of the Zoning Board of Adjustment 22
2.21 Notice of Hearing 23
2.22 Meetings and Administration 23
2.23 Oaths 24
2.24 Subpoenas 24
2.25 Voting 24
2.26 Meeting Minutes 25
2.27 Conflicts of Interest 25
Part 4. Historic Preservation Commission 25
2.28 Intent 25
2.29 Qualifications for Members 25
2.31 Rules of Procedure 26
2.32 Meetings 26
2.33 Meeting Minutes 26
2.34 General Powers and Duties 26
2.35 Conflicts of Interest 27
Part 5. Duties of the Administrative Officer 27
2.28 Establishment of Position of Administrative Officer 27
2.28.1 Powers and Limitations of the Administrative Officer 27
Article 3, PERMITS, SITE PLANS, AND APPROVALS 30
3.1 Zoning Compliance and Special Use Permits 30
3.1.2 No Occupancy or Use Until Requirements Fulfilled 30
3.1.3 Who May Submit Permit Applications 31
3.1.4 Applications to be Complete 31
3.1.5 Staff Consultation Before Formal Application 31
3.1.6 Staff Consultation After Application Submitted 32
3.2 Zoning Compliance Permits 32
3.2.1 Authorizing Use or Occupancy Before Completion of Development Under Zoning
Compliance Permits 34
3.3 Special Use Permits 35
3.3.1 Applications and Requests to be Heard Expeditiously 35
3.3.2 Burden of Presenting Evidence; Burden of Persuasion 36
3.3.3 Hearing Required on Special Use Permits 36
3.3.4 Notice of Hearing 36
3.3.5 Modification of Application at Hearing 37
3.3.6 Record 37
3.3.7 Written Decision and Judicial Review 37
3.3.8 Recommendations on Special Use Permit Applications 37
3.3.9 Required Vote on Special Use Permits 38
3.3.10 Town Board of Commissioners Action on Special Use Permits 39
3.3.11 Additional Requirements on Special Use Permits 39
2

3.3.12 Authorizing Use or Occupancy Before Completion of Development Under Special
Use Permits 40
3.3.13 Completing Developments in Phases 41
3.4 Expiration of Permits 42
3.5 Effect of Permits on Successors and Assigns 43
3.6 Amendments to and Modifications of Permits 44
3.7 Reconsideration of Board Action 44
3.8 Maintenance of Common Areas, Improvements, and Facilities 45
3.9 Site Plans 45
3.9.1 Professional Design and Certification 46
3.9.3 Specifications for Plan Preparation 46
3.9.4 Site Plan Review 47
3.9.5 Zoning Vested Right for Site Plans 49
3.9.6 Improvements 49
Article 4, QUASI-JUDICIAL PROCEDURE, APPEALS AND VARIANCES 50
4.1 Quasi-Judicial Decisions and Judicial Review 50
4.2 Appeals 51
4.3 Variances 53
4.4 Requests to be Heard Expeditiously 54
4.5 Hearing Required on Appeals and Requests for Variances 54
4.6 Notice of Hearing 54
4.7 Burden of Proof in Appeals and Variances 54
4.8 Board Action on Appeals and Variances 55
4.9 Modification of Application at Hearing 55
4.10 Record 55
4.11 Judicial Review 56
Article 5, ENFORCEMENT 57
5.1 Violations 57
5.2 Violators 57
5.3 Responsibility 57
5.4 Complaints 58
5.5 Enforcement Procedures 58
5.5.1 Inspections and Investigations 58
5.5.2 Initial Notice of Violation 58
5.5.3 Final Notice of Violation; Corrective Order 59
5.5.4 Appeal to Zoning Board of Adjustment 59
5.5.5 Failure to Comply with Notice 60
5.5.6 Extension of Time Limit to Correct Violation 60
5.5.7 Enforcement Action After Time Limit to Correct Violation 60
5.5.8 Emergency Enforcement Without Notice 60
5.6 Remedies; Penalties; Enforcement Action 60
5.6.1 Permit Revocation 61
5.6.2 Permit Denial or Conditioning 62
5.6.3 Injunctive and Abatement Relief in Superior Court 62
5.6.4 Judicial Action to Collect Civil Penalty 62
5.6.5 Stop Work Order 62
3

5.7 Civil Penalty 63
5.7.1 Notice of Civil Penalty Citation 63
5.7.2 Amount of Civil Penalty 63
5.7.3 Settlement of Claims 63
5.7.4 Continuing Violations 64
Article 6, NONCONFORMING SITUATIONS 65
6.1 Continuation of Nonconforming Situations and Completion of Nonconforming Projects
65
6.2 Nonconforming Lots 65
6.3 Extension or Enlargement of Nonconforming Situations 66
6.4 Repair, Maintenance and Reconstruction 68
6.5 Change in Use of Property Where a Nonconforming Situation Exists 69
6.6 Abandonment and Discontinuance of Nonconforming Situations 70
6.7 Termination of Nonconforming Situations 71
6.8 Completion of Nonconforming Projects 71
6.9 Nonconforming Signs 74
6.9.1 Amortization of Nonconforming Signs 75
6.10 Nonconforming Manufactured Home Parks 76
Article 7, ZONING DISTRICTS AND OFFICIAL ZONING MAP 77
7.1 Residential Districts Established 77
7.2 Commercial Districts Established 77
7.3 Industrial Districts Established 78
7.5 Watershed Protection Overlay Districts Established 78
7.7 Official Zoning Map 79
7.7.1 Amendments to Official Zoning Map 80
Article 8, PERMITTED USES 83
8.1 Table of Permitted and Special Uses 83
8.2 Use of the Designation "P", "PS", and "S" in the Table of Permitted Uses 87
8.3 Permitted Uses and Specific Exclusions 87
8.4 Permitted Uses Not Requiring Permits 88
8.5 Change in Use 89
8.6 Combination Uses 90
8.7 More Specific Controls 90
Article 9, GENERAL PROVISIONS 91
9.1 Accessory Buildings 91
9.2 Accessory Uses 91
9.3 Corner Visibility 93
9.4 Curb Cuts Giving Access to Public Rights-of-Way 93
9.5 Fences and Walls 94
9.6 Orientation of Structure 96
9.7 Outside Storage of Motor Vehicles and Parts 96
9.8 Reduction of Lot and Yard Areas Prohibited 96
9.9 Relationship of Buildings to Lots 96
9.10 Required Yards Not to be Used by Another Building 96
9.11 Restriction on Truck Parking in Residential Districts 96
9.12 Street Access 97
4

9.13 Swimming Pools 97
9.14 Travel Trailers/Portable Structures 97
Article 10, DENSITY AND DIMENSIONAL REGULATIONS 98
10.1 Minimum Lot Size 98
10.2 Minimum Lot Widths 98
10.3 Building Setback Requirements 99
10.3.1 Accessory Building Setback Requirements. 100
10.4 Building Height Limitations 100
Article 11, NON-RESIDENTIAL PERFORMANCE STANDARDS AND RESIDENTIAL AND
NONRESIDENTIAL LIGHTING STANDARDS 103
11 .1 Standards for Effluent and Emissions 103
11 .2 Landscaping 103
11 .3 Screening and/or Buffering 105
11 .4 Smoke, Dust, Fumes, Vapors, Gases, and Odors 108
11 .5 Ground Water Supply 109
11 .6 Air Pollution 109
11 .7 Disposal of Liquid Wastes 109
11 .8 Electrical Disturbance or Interference 110
11 .9 Exterior Lighting 110
Article 12, SUPPLEMENTAL REQUIREMENTS FOR SPECIFIC USES 113
12.1 Application of Supplemental Requirements for Specific Uses 113
12.2 Adult Day Care Facility 113
12.3 Agricultural and Farming Operations Including Livestock 114
E. The keeping of miniature goats (also known as Pygmy, Dwarf, and Miniature Goats with
a maximum weight of 100 pounds) as pets on premises zoned for single family dwellings or
developed with a single family dwelling on lots 20,000 square feet or larger is allowed subject
to the following requirements: 115
12.4 Arcade/Game Room (Amended 2/14/11) 115
12.5 Automatic Teller Machine, Freestanding 116
12.6 Automobile Repair Shop or Body Shop 116
12.7 Automobile Service Stations 116
12.8 Automobile Towing and Wrecker Service 118
12.9 Bed and Breakfast Establishments 118
12.10 Billiard Parlor, Pool Room (Amended 2/14/11) 119
12.11 Bingo Games (Amended 2/14/11) 119
12.12 Car Wash 120
12.13 Cemetery (Commercial) 120
12.14 Child Day Care Facility 120
12.15 Convenience Store 121
12.16 Convenience Store, Drive-Through 122
12.17 Drive-In Windows, Businesses With 123
12.18 Electronic Game Promotions (Amended 2/14/11) 124
12.19 Elementary, Middle, and Secondary Schools (Including Associated Grounds and
Athletic and Other Facilities 124
12.20 Event Venue 126
12.21 Family Care Home 126
5

12.22 Family Child Care Home 126
12.23 Forestry and Timbering Operations 127
12.43 Golf Course (Independent and Country Club) 128
12.25 Golf Driving Range Not Accessory to a Golf Course 130
12.26 Group Care Home 130
12.27 Home-Based Business, Level-1 131
12.28 Home Based Business, Level-2 132
12.29 Horse Stable (Private and Public) 134
12.30 Horticultural Sales with Outdoor Display 134
12.31 Hotels and Motels 134
12.32 Indoor Archery Range 135
12.33 Industry, Major 135
12.34 Industry, Minor 137
12.35 Kennels 137
12.36 Manufactured Homes, Class A (double-wide or multi-sectional) 138
12.37 Manufactured Homes, Class B (single-wide) 139
12.38 Manufactured Home Parks 140
12.39 Manufactured Housing Sales 146
12.40 Manufacturing, Processing, Creating, Repairing, Renovating, Painting, Cleaning,
Assembly of Goods, Merchandise, and Equipment Where Operations are Conducted Entirely
Within or Outside of Fully Enclosed Buildings 146
12.41 Mobile Vendors 147
12.42 Mobile Food Vendors 148
12.43 Motor Vehicle Sales and Rental or Sales and Service 150
12.44 Movie Theater, Indoor 150
12.45 Multi-Family Dwellings (Multi-Family Townhomes, and Multi-Family Apartments)
150
12.46 Neighborhood Utility Facilities 151
12.48 Nursing Care Homes and Institutions 152
12.49 Open Air Markets (Farm and Craft Markets, Flea Markets, Produce Market) 152
12.50 Park, Athletic and Community 153
12.51 Park, Neighborhood 154
12.52 Petroleum Products (Storage and Distribution) 155
12.53 Primary Residence with Accessory Dwelling 156
12.54 Public Utility Stations and Substations, Water or Sewage Treatment Plants,
Switching Stations, Telephone Exchanges, Elevated Storage Tanks 157
12.55 Recreational Facility (Non-Profit and Profit) 158
12.56 Restaurants (No Outside Service/Consumption, Drive-In Service, Drive-In Windows,
Carry Out, or Food Delivery) 158
12.57 Restaurants, Outside Service/Consumption, Drive-In (Service to and Consumption
in Vehicle On-Premises), or Carry Out Service (Food Picked Up Inside for Off-Premises
Consumption) 159
12.58 Restaurants with Drive-In Windows (Service Directly to Vehicles Primarily for Off-
Premises Consumption) 160
12.59 Retail Sales with Subordinate Manufacturing and Processing 161
12.60 Riding Stables/Academies 162
6

12.61 Scrap Materials Salvage Yards, Junkyards, and Automobile Graveyards 162
12.62 Seasonal Christmas Tree or Pumpkin Sales 164
12.63 Self-Storage/Mini-Warehouses 165
12.64 Sexually Oriented Businesses 167
12.65 Shooting Range, Indoor 167
12.66 Social and Fraternal Clubs and Lodges, Union Halls, and Similar Uses 167
12.67 Solar Farms 168
12.68 Special Events 168
12.69 Telecommunications Towers 169
12.70 Temporary Emergency, Construction, or Repair Residences 172
12.71 Temporary Structures and Parking Facilities 172
12.72 Transmission Lines 172
12.73 Veterinarians Offices 173
12.74 Warehousing or Distribution Center with Freight Movement 174
12.75 Wholesale Sales 174
12.76 Wholesale Trade 174
Article 13, WATER SUPPLY WATERSHED OVERLAY REGULATIONS 175
13.1 Water Supply Watersheds 175
13.2 Land Use Restrictions 175
13.3 Residential Density 175
13.4 Impervious Surface Limits 176
13.5 Modifications of the Impervious Surface Ratio 176
13.5.1 Variance Procedure 176
13.5.2 Special Intensity Allocations 177
13.6 Stream Buffers 177
13.7 Cluster/Conservation Developments 177
13.8 Density Averaging 178
13.9 Public Health Regulations 180
Article 14, SIGNS 185
14.1 Permit Required for Signs 185
14.2 Signs Excluded from Regulation 185
14.3 Certain Temporary Signs: Permit Exemptions and Additional Regulations 186
14.4 Determining the Number of Signs 188
14.5 Computation of Sign Area 188
14.6 Total Sign Surface Area Per Lot 189
14.7 Freestanding Sign Surface Area 189
14.8 Number of Freestanding Signs 190
14.9 Subdivision and Multi-Family Development Entrance Signs 190
14.10 Location and Height Requirements 190
14.11 Sign Illumination and Signs Containing Lights 191
14.12 Off-Premise Signs 192
14.13 Miscellaneous Restrictions and Prohibitions 192
14.14 Construction and Maintenance of Signs 193
14.15 Unlawful Cutting of Trees or Shrubs 194
14.16 Relocation of Signs 194
Article 15, PARKING AND LOADING 195
7

15.2 Flexibility in Administration Required 200
15.3 Parking Space Dimensions 201
15.4 Required Widths of Parking Area Aisles and Driveways 201
15.5 General Design Requirements 202
15.6 Vehicle Accommodation Area Surfaces 203
15.7 Joint Use of Required Parking Spaces 204
15.8 Satellite Parking 204
15.9 Special Provisions for Lots With Existing Buildings 205
15.10 Loading and Unloading Areas 205
Article 16, SUBDIVISION REGULATIONS 207
16.1 Subdivision Regulations 207
16.2 Prerequisite to Plat Recordation 207
16.3 Acceptance of Streets 207
16.4 Thoroughfare Plans 207
16.5 School Sites on Land Use Plan 208
16.6 General Procedure for Plat Approval 208
16.7 Effect of Plat Approval on Dedications 208
16.8 Penalties for Violation 208
16.9 Separability 209
16.10 Variances 209
16.11 Judicial Review 209
16.12 Abrogation 210
16.13 Subdivision Administrator 210
16.15 Plat Shall Be Required on Any Subdivision of Land 210
16.16 Approval Prerequisite to Plat Recordation 210
16.17 Procedures for Review of Major and Minor Subdivisions 211
16.18 Procedure for Review of Minor Subdivisions 212
16.19 Sketch Plan for Major Subdivisions 217
16.20 Preliminary Plat Submission and Review 218
16.21 Final Plat Submission and Review 220
16.22 Recombination 232
16.23 Re-subdivision Procedures 232
16.24 General 232
16.25 Suitability of Land 232
16.26 Name Duplication 234
16.27 Subdivision Design 234
16.28 Streets 235
16.29 Utilities 243
16.30 Other Requirements 245
Article 17, AMENDMENTS AND DEVELOPMENT MORATORIA 247
17.1 Amendments in General 247
17.2 Initiation of Amendments 247
17.2.1 Planning Board Consideration of Proposed Amendments 248
17.2.2 Hearing Required; Notice 249
17.2.3 Town Board of Commissioners Action on Amendments 250
17.2.4 Ultimate Issue Before Town Board of Commissioners on Amendments 251
8

17.3 Effect of Denial or Withdrawal on Subsequent Applications 252
17.4 Development Moratoria 252
17.4.1 Notice of Public Hearing 253
17.4.2 Application of Moratorium on Existing/Pending Permits and Approvals 253
17.4.3 Contents of Ordinance Adopting Moratorium 253
17.4.4. Extension of Moratorium 254
17.4.5 Judicial Review 254
Article 18, DEFINITIONS 258
18.1 Specific Purposes 258
18.2 Rules of Interpretation 258
18.3 Definitions 258
APPENDIX A - MINIMUM CONSTRUCTION STANDARDS FOR PRIVATE ROADS IN THE
TOWN OF VASS 296
Appendix B - SAMPLE ROAD MAINTENANCE AGREEMENT FORM 312
9

Article 1 , LEGAL PROVISIONS
1.1 Short Title
This Ordinance shall be known, and may be cited, as the Town of Vass Zoning Ordinance, "this
Ordinance", the "Zoning Ordinance", or "these regulations".
1.2 Authority
A. This Ordinance is adopted pursuant to the authority vested in the Town of Vass by its
Charter and those contained in NC General Statutes (NCGS) 160D (Local Planning and
Development Regulation); and NCGS 143, Article 33C (Meetings of Public Bodies); NCGS
Chapter 113A (Pollution Control and Environment), NCGS 143-214.5 (Water Supply Watershed
Protection), and other relevant sections and any future amendments.
B. Whenever any provision of this Ordinance refers to or cites a section of the North Carolina
General Statutes and that section is later amended or superseded, the Ordinance shall be
deemed amended to refer to the amended section or the section that most nearly corresponds
to the superseded section.
1.3 Jurisdiction
A. This Ordinance shall be effective throughout the Town's planning jurisdiction. The Town's
planning jurisdiction comprises the area within the corporate boundaries of the Town as well as
the area described in that Ordinance adopted by the Town Board of Commissioners on April 8,
1991 , entitled an "Ordinance Establishing Extraterritorial Jurisdiction", which Ordinance is
recorded in Book 868, Page 409, of the Moore County Registry. Such planning jurisdiction may
be modified from time to time in accordance with NCGS 160D-202 (Municipal Extraterritorial
Jurisdiction).
B. In addition to other locations required by law, a copy of a map showing the boundaries of
the Town's planning jurisdiction, as well as the Town's Official Zoning Map as described in Article
7 (Zoning Districts and Official Zoning Map) shall be available for public inspection in the Town
Clerk's Office. Paper and/or digital format Official Zoning Maps must be maintained and provided
when requested by any member of the public. Additionally, all state and federal agency maps
incorporated by reference, must be maintained in paper or digital format.
1.4 Declaration of Necessity
In order to protect and promote the health safety, and general welfare of the Town and its
extraterritorial jurisdiction, this Ordinance is adopted by the Town Board of Commissioners to
regulate and restrict by means of zoning regulations the height, number of stories, and size of
10

buildings, and other structures; the percentage of lots that may be occupied, the size of yards,
courts, and other open spaces, the density of population, and the location and use of buildings,
structures, and land for trade, industry, residence, and other purposes.
1.5 General Purpose
The purpose of the regulations set forth in this Ordinance shall be to accomplish compatible
development of the land within the planning jurisdiction of the Town in a manner that will best
promote the public health, safety, and general welfare; to lessen congestion in the streets; to
promote efficiency, energy conservation, and economy in development; to make adequate
provisions for traffic; to secure safety from fire, flooding, panic, and other hazards; to provide for
adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of
population; to facilitate the efficient and adequate provision of transportation, water, sewerage,
schools, parks and other public requirements; to conserve the value of buildings; to promote
desirable living conditions and the stability of neighborhoods; to protect property against blight
and depreciation; to ensure accessibility for handicapped persons; to regulate placement and
design of telecommunications facilities and equipment so as to protect the public health, safety,
and general welfare; to encourage the most appropriate use of land; and to achieve other
purposes in accord with the Land Use Development Plan for the Town's planning jurisdiction.
1.6 Relationship to Existing Zoning Ordinance
To the extent that the provisions of this Ordinance are the same in substance as the previously
adopted provisions that they replace in the Town's Zoning Ordinance, they shall be considered
as continuations thereof and not as new enactments unless otherwise specifically provided. In
particular, a situation that did not constitute a lawful, nonconforming situation under the
previously adopted Zoning Ordinance does not achieve lawful nonconforming status under this
Ordinance merely by the repeal of the previous Zoning Ordinance.
1.7 Relationship to Land Use Development Plan
It is the intention of the Town Board of Commissioners that this Ordinance implement the
planning policies adopted by the Town Board of Commissioners for the Town and its planning
area, as reflected in the Comprehensive Land Use Plan and other planning documents. While
the Town Board of Commissioners reaffirms its commitment that this Ordinance and any
amendment to it be in conformity with adopted planning policies, the Town Board of
Commissioners hereby expresses its intent that neither this Ordinance nor any amendments to
it may be challenged on the basis of any alleged nonconformity with any planning document.
1.8 Conflict with Other Regulations
Wherever the provisions of any other statute or Town ordinance or regulation require a lower
height of buildings, or less number of stories, or require a greater percentage of a lot to be left
unoccupied, or impose other higher standards than are required by the regulations made under
11

authority of this Ordinance, the provisions of such statute or Town ordinance or regulation shall
govern. Word Interpretation - For the purpose of this ordinance, certain words shall be
interpreted as follows:
Words used in the present tense include the future tense. Words used in the singular
number include the plural and words used in the plural number include the singular,
unless the natural construction of the wording indicates otherwise.
The word "person" includes a firm, association, corporation, trust, and company as well
as an individual.
The word "used for" shall include the meaning "designed for".
The word "structure" shall include the word "building".
The word "lot" shall include the words "plot", "parcel", or "tract".
The word "shall" is always mandatory and not merely directory.
1.9 Relationship to Private Agreements
It is not intended by this Ordinance to interfere with or abrogate or annul any easements,
covenants, or other private agreements between parties, provided, however, that wherever the
regulations of this Ordinance require greater width or size of yards or courts, or require a lower
height of buildings or less number of stories, or require a greater percentage of a lot to be left
unoccupied, or impose other higher standards than are required in any other such private
agreement, the provision of the regulations made under authority of this Ordinance shall govern.
1.10 Zoning of Annexed Land
All territory that may hereafter be included within the zoning jurisdiction of the Town of Vass shall
be zoned by the Town Board of Commissioners at the time of such incorporation, or within 60
days.
1.11 Compliance with Ordinance
Except as otherwise specifically provided in this Ordinance, no land or structure shall hereafter
be used or occupied, and no excavation, removal of soil, clearing of a site, or placing of fill shall
take place on lands contemplated for development, and no structure, or part thereof, shall be
constructed, erected, altered, renovated, or moved, except in compliance with all of the
applicable provisions of this Ordinance.
12

1.12 Fees
A. Reasonable fees sufficient to cover the costs of administration, inspection, publication of
notice and similar matters may be charged to applicants for Zoning Compliance Permits, Sign
Permits, Special Use Permits, zoning amendments, appeals, variances, and other administrative
relief. The amount of the fees charged shall be as set forth in the Town's budget or as
established by resolution of the Town Board of Commissioners filed in the Office of the Town
Clerk.
B. Fees established in accordance with Subsection A shall be paid upon submission of a
signed application or notice of appeal. Fees associated with the cost of legal ads and contracted
professional (i.e. engineer) may be charged to the applicant once the true cost is invoiced.
1.13 Severability
It is hereby declared to be the intention of the Town Board of Commissioners that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any such
section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid
by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or
invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or
phrases of this Ordinance since the same would have been enacted without the incorporation
into this Ordinance of such unconstitutional or invalid section, paragraph, sentence, clause or
phrase.
1.14 Rules Applicable to Lots Split by Zoning Districts
A. Whenever a single lot two (2) acres or less in size is located within two (2) or more
different zoning districts, the district regulations applicable to the district within which the larger
portion of the lot lies shall apply to the entire lot.
B. Whenever a single lot greater than two (2) acres in size is located in two (2) or more
different zoning districts, each portion of that lot shall be subject to all regulations applicable to
the district in which it is located.
1.15 Military Notification.
If the adoption or modification of the ordinance would result in any of the changes listed in this
subsection and those changes would be located five miles or less from the perimeter boundary
of a military base, the Administrative Officer shall provide notice of the proposed changes by
certified mail or electronically (email or online system), or by any other means reasonably
designed to provide actual notice, to the Fort Bragg Coordinating Official or the their designee
not less than 10 days, nor more than 25 days before the date fixed for the public hearing. Prior
13

to the date of the public hearing, the military may provide comments or analysis to the board
regarding the compatibility of the proposed changes with military operations at the base. If the
military provides comments or analysis regarding the compatibility of the proposed ordinance or
amendment with military operations at the base, the board of commissioners shall take the
comments and analysis into consideration when making a final determination on the ordinance.
The proposed changes requiring notice are:
1. Changes to the zoning map;
2. Changes that affect the permitted uses of land;
3. Any application relating to telecommunications towers or windmills;
4. Special Use Permits when it includes proposed structures greater than 50' in height.
5. Major subdivisions.
1.16 Vested Rights; Site Specific Development Plan
A. The Town Board of Commissioners determines that a Special Use Permit shall be
regarded as a "site specific development plan" under the provisions of NCGS
160D-108.1 (Vested rights—site-specific vesting plans). Therefore, once a Special
Use Permit has been issued, the permit recipient shall have a vested right to
complete the development authorized by such permit in accordance with its terms,
irrespective of subsequent amendments to this Ordinance, to the extent provided
in 160D-108.1 (Vested rights — site-specific vesting plans).
B. The following requirements must be met before an approval for a site-specific
development plan is approved:
1. A statement by the developer shall be submitted with the application that
indicates the anticipated development schedule for the build-out of the
project;
2. A statement from the developer shall be submitted with the application that
justifies the request for vesting of the project for a period of more than two
(2) years (five (5) years maximum);
3. The project shall meet all applicable design standards and other
requirements of the Town of Vass Zoning Ordinance;
4. The development can reasonably be completed within the vested period
requested;
5. Vesting shall not be approved where the request is in excess of two (2)
years, and the project is located in an area where current issues under study
involve potential amendments to the Comprehensive Land Use Plan, Town
of Vass Zoning Ordinance, or other approved Plans
C. The Town Board of Commissioners further determines that recipients of Zoning
Compliance Permits should be entitled to the same protections as recipients of
Special Use Permits. Therefore, once a permit has been issued, the permit
recipient shall have a "vested right" to complete the development authorized by
14

such permit in accordance with its terms, irrespective of subsequent amendments
to this Ordinance, to the same extent provided in 160D-108 (Vested rights — site-
specific vesting plans)for developments authorized by the approval of"site specific
development plans."
D. A vested right under this Section commences upon the issuance of the permit in
question, and the date of issuance is to be determined in accordance with the
provisions of Section 3.4 (Expiration of Permits), Subsection D.
1 . A zoning vested right that has been vested as provided in this Ordinance
shall remain vested for a period of two (2) years. This vesting shall not be
extended by any amendments or modifications to a site-specific
development plan (that are not processed as new applications — see
Section 3.6 (Amendments to and Modifications of Permits), unless
expressly provided by the approval authority at the time the amendment or
modification is approved;
2. As provided in 160D-108 (Vested rights and permit choice), (d) (Duration of
vesting), a right that has been vested in accordance with this Section shall
terminate at the end of the applicable vesting period with respect to
buildings and uses for which no valid building permit applications have been
filed.
E. Nothing in this Section shall prohibit the revocation of a permit pursuant to Section
5.6.1 (Permit Revocation), and the vesting of rights provided for under this Section
shall be terminated upon such revocation.
F. The effect of this Section is to ensure that, during the period of vesting, the
developer is protected from subsequent changes in this Ordinance to a greater
extent than is authorized under Section 1 .17 (Vested Rights Upon Issuance of
Building Permits) (that provides for a vesting of rights only after a building permit
has been obtained), or Section 6.7 (Completion of Nonconforming Projects) (that
generally provides for a vesting of rights only after the developer has made
substantial expenditures in good faith reliance upon this Ordinance).
1.17 Vested Rights Upon Issuance of Development Permits
As provided in NCGS 160D, amendments, modifications, supplements, repeal, or other changes
in the zoning regulations set forth in this Ordinance or zoning district boundaries shall not be
applicable or enforceable without consent of the owner with respect to buildings and uses for
which a development approval has been issued pursuant to NCGS 160D-403 (Permits) prior to
the enactment of the ordinance making the change or changes, so long as the permit remains
valid and un-expired pursuant to NCGS 160D-403(c) (Time Limitations on Validity of Permits),
and un-revoked pursuant to NCGS 160D-403(f) (Revocation of Permits).
15

1.18 Permit Choice
As provided in NCGS 160D-108 (Vested rights and permit choice), if a land development
regulation is amended between the time a development permit was submitted and development
permit decision is made, the applicant may choose which version of the development regulation
will apply to the application.
If the development permit applicant chooses the version of the rule or ordinance applicable at
the time of the permit application, the development permit applicant shall not be required to await
the outcome of the amendments to the rule, map, or ordinance prior to acting on the development
permit.
The Town may require that the applicant comply with the amended rules if the permit applicant
is put on hold at the request of the applicant for a period of six months or more, or fails to respond
to comments, or provide additional information that is reasonably requested as part of their
application (refer to NCGS 160D-108(b) and 143-755(b1)).
1.19 Effective Date
A. This Ordinance and its provisions governing the use of land and buildings, the height
of buildings, and other matters as hereinafter set forth are hereby established and
declared to be in full force and effect from and after its passage and any Zoning
Ordinance previously adopted is hereby repealed.
16

Article 2, THE TOWN BOARD OF COMMISSIONERS AND ITS
ADMINISTRATIVE MECHANISMS
Part I. Town Board of Commissioners
2.1 Town Board of Commissioners Responsibilities
The Town Board of Commissioners has the following responsibilities in relation to this
Ordinance:
1 . Hear and decide applications for amendments to the text and map portions of this
Ordinance;
2. Hear and decide applications for the approval of Special Use Permits that are
noted in the Table of Permitted Uses;
3. Hear and decide applications for the approval of Special Intensity Allocations
(SIAs) under the provisions of Article 13 (Water Supply Watershed Overlay
Regulations);
4. Establish Rules of Procedure for the conduct of hearings and other proceedings
before the Town Board of Commissioners in exercising;
5. Make the necessary appointments to the Planning Board and Zoning Board of
Adjustment;
6. Provide by appropriation, funds for the administration of this Ordinance.
2.2 Procedure on Amendments to This Ordinance
Amendments to this Ordinance shall be processed in accordance with the provisions of
Article 17 (Amendments). The Town Board of Commissioners, in exercising this power,
are bound by the State enabling legislation, the terms of this Ordinance and applicable
court decisions in carrying out its legislative function.
2.3 Procedure on Application for Approval of Special Uses
The Town Board of Commissioners, when considering applications for approval of
Special Uses, sits in a quasi-judicial capacity and shall follow quasi-judicial procedure as
provided in Section 4.1 and shall observe the applicable requirements of Article 3
(Permits, Site Plans, and Approvals).
2.4 Conflicts of Interest
A governing board member shall not vote on any legislative decision regarding a development
regulation adopted pursuant to 160D where the outcome of the matter being considered is
reasonably likely to have a direct, substantial, and readily identifiable financial impact on the
member. A governing board member shall not vote on any zoning amendment if the landowner
of the property subject to a rezoning petition or the applicant for a text amendment is a person
with whom the member has a close familial, business, or other associational relationship.
17

Part 2. Planning Board
2.5 Intent
The Town Board of Commissioners, under the authority of Chapter 160D (Local Planning
and Development Regulation) of the General Statutes of North Carolina, as amended, for
the purposes and advantages described herein, intends to create a Planning Board and
embark on a continuing planning program, including, but not limited to, the preparation
and maintenance of a Land Use Development Plan for the Town of Vass and its
extraterritorial planning jurisdiction, in protection of the public health, safety, and general
welfare of present and future residents, landowners, and visitors.
2.6 Establishment and Principles
A. In establishing the Planning Board and its program, the Town Board of
Commissioners intends that the Planning Board be guided by the following
principles:
B. The Land Use Development Plan and any ordinances or other measures to
effectuate it shall be made with the general purpose of guiding and accomplishing
a coordinated, and harmonious development of the Town that will, in accordance
with present and future needs, best promote the health, safety and the general
welfare, as well as efficiency in the process of development; including, among
other things, adequate provisions for traffic, the promotion of safety from fire and
other dangers, adequate provision for light and air, the promotion of the healthful
and convenient distribution of populations, the promotion of good civic design, wise
and efficient expenditure of public funds, and adequate provision of public utilities,
services, and other public requirements, and conservation of significant natural
and man-made resources within the Town.
2.7 Qualifications for Members
The Planning Board shall consist of five (5) members. The Town will evaluate the
proportion of ETJ population with each decennial census and include board member
representation proportional to the population. The appointment of the ETJ representative
is sent as a request to the County for appointment. The county must appoint the member
within 90 days. Failure of the County to do so does not limit the town's zoning jurisdiction
of the ETJ area. The remaining board members shall be residents of the Town of Vass
and appointed by the Board of Commissioners. Members shall serve without
compensation, but they may be reimbursed for incidental expenses incurred in connection
with official duties. All board members shall take an oath of office at the beginning of their
term.
18

2.8 Tenure
The tenure of office for Planning Board members shall be three (3) years, at which time
the Board of Commissioners may re-appoint the member for a consecutive term.
2.9 Rules of Procedure
A. The Planning Board shall recommend Rules of Procedure for the conduct of its
affairs, to be adopted by the Town Board of Commissioners.
B. Among other matters, the Rules of Procedure shall provide for the office of
Chairperson and Vice Chairperson, whose term of office shall be one (1)year, with
eligibility for re-election.
C. A quorum for conduct of business of the Board shall be a majority of the appointed
members.
D. The Rules of Procedure shall require the Board to meet at least once a month on
an as needed basis and provide for the calling of special meetings as the need of
the Board requires.
E. As required by NCGS 160D-308, the adopted Rules of Procedure for the board
must be posted on the Town of Vass website.
2.10 Meetings
All meetings of the Board shall be open to the public and the Board shall cause notices
to be given as required by Article 33C (Meetings of Public Bodies), Chapter 143 (State
Departments, Institutions, and Commissions), of the North Carolina General Statutes, and
NCGS 143-318.11 (Closed Sessions) et. seq., as amended.
2.11 Meeting Minutes
The Planning Board shall cause minutes of its meetings to be maintained as a permanent
public record. Such minutes shall record the attendance of its members, its findings,
recommendations, and a summary of information, data and testimony presented to it.
2.12 General Powers and Duties
As provided for in NCGS 160D-301 (Planning boards), as amended, the Planning Board
shall have the following powers and duties:
1 . Make studies of the Town of Vass and surrounding areas;
19

2. Determine objectives to be sought in the development of the Town of Vass and its
extraterritorial planning jurisdiction;
3. Propose and recommend plans for achieving these objectives;
4. Develop and recommend to the Town Board of Commissioners policies,
ordinances, administrative procedures and other means for carrying out plans in a
coordinated and efficient manner;
5. Advise the Town Board of Commissioners concerning the use and amendment of
means for carrying out plans;
6. Exercise such functions in the administration and enforcement of various means
for carrying out plans as may be assigned by this or other ordinances of the Town;
7. Perform other related duties as may be assigned by the Town Board of
Commissioners and any additional duties set forth elsewhere in this Zoning
Ordinance.
2.13 Specific Powers and Duties
In furtherance of Section 2.11 (General Powers and Duties), the Planning Board is
authorized and directed to:
1. Gather maps and aerial photographs of man-made and natural physical features
of the area, statistics on past trends and present conditions with respect to
population, property values, the economic base of the area, land use, and such
other information as is important or likely to be important in determining the
amount, direction and kind of development to be expected in the Town of Vass
and its various parts as background for its Land Use Development Plan and any
ordinances it may prepare;
2. Make, cause to be made, or obtain special studies on the location, condition, and
adequacy of specific facilities, that may include, but are not limited to, studies of
housing; commercial and industrial facilities; parks, playgrounds, and recreational
facilities; public and private utilities, traffic, transportation, and parking facilities;
environmentally critical areas and important natural resources. All Town officials
shall, upon request, furnish to the Planning Board such available records or
information as it may require in its work;
3. Recommend for approval by the Town Board of Commissioners, a Land Use
Development Plan for the development of the Town;
4. Consider for approval, approval with modifications, or disapproval of, proposed
plats of subdivision as specified in the Town of Vass Subdivision Regulations;
5. To make recommendations, upon referral, on all proposed amendments to this
Ordinance in accord with Article 17 (Amendments);
6. Make recommendations to the Town Board of Commissioners as appropriate, on
applications for approval of Special Intensity Allocations (SIAs) in accord with
Articles 3 (Permits, Site Plans, and Approvals) and 13 (Water Supply Watershed
Overlay Regulations), Section 13.5.2 (Special Intensity Allocations);
7. Prepare and recommend to the Town Board of Commissioners new ordinances or
amendments to existing ordinances that will have the effect of implementing the
Land Use Development Plan;
20

8. Engage in a program of information dissemination to the public and officials;
9. Recommend to the Town Board of Commissioners the establishment and/or
continuation of any advisory councils and cooperate with these councils to the end
that Planning Board investigations and plans may receive fullest consideration;
10. Establish advisory committees to assist it in its functions;
11. Perform all necessary actions in support of its powers and duties.
2.14 Intent of the Comprehensive Land Use Plan
A. The Comprehensive Land Use Plan shall constitute an internally consistent and
compatible statement of policies for the long-term, physical development of the
Town and its extraterritorial planning jurisdiction. The Comprehensive Land Use
Plan shall consist of a statement of development policies and shall include maps
and text setting forth objectives, principles, standards and plan proposals for
physical development.
B. As part of the Comprehensive Land Use Plan, area plans may be prepared that
focus on a portion of the Town such as a neighborhood, transportation corridor, or
a major highway interchange. Likewise, technical information and/or task force
reports prepared as part of the Plan or an area plan may be incorporated as part
of the appendix of, or as a supplement to, the Comprehensive Land Use Plan.
C. In preparation of an area plan or other similar document, the Town Board of
Commissioners shall be ever mindful of the need to balance the public interest with
the needs of private interests, particularly in the conservation of surface and
underground water resources, soil resources, and natural growth resources of the
Town and County, and the efficient use of renewable and non-renewable sources
of energy.
2.15 Administrative Officer to Act as Staff to Planning Board
The Administrative Officer, under the direction of the Mayor, shall provide staff service to
assist the Planning Board in carrying out its duties.
2.16 Conflicts of Interest
Members of appointed boards shall not vote on any advisory or legislative decision
regarding a development regulation adopted pursuant to this Chapter where the outcome
of the matter being considered is reasonably likely to have a direct, substantial, and
readily identifiable financial impact on the member. An appointed board member shall not
vote on any zoning amendment if the landowner of the property subject to a rezoning
petition or the applicant for a text amendment is a person with whom the member has a
close familial, business, or other associational relationship.
Part 3. Zoning Board of Adjustment
21

2.17 Establishment of the Zoning Board of Adjustment
A Zoning Board of Adjustment is hereby established. The Zoning Board of Adjustment
may be the same membership as the Planning Board, plus one alternate member. It shall
consist of five (5) regular members, and one (1) alternate member. Four (4) members
and one (1) alternate, appointed by the Town Board of Commissioners, shall reside within
the Town. The Town will evaluate the proportion of ETJ population with each decennial
census and include board member representation proportional to the population. The
appointment of the ETJ representative is sent as a request to the County for appointment.
The County must appoint the member within 90 days. Failure of the county to do so does
not limit the town's zoning jurisdiction of the ETJ area. The remaining board members
shall be residents of the Town of Vass and appointed by the Board of Commissioners.
Members shall serve without compensation, but may be reimbursed for incidental
expenses incurred in connection with official duties. All board members shall take an oath
of office at the beginning of their term.
2.18 Tenure
The tenure of office for Zoning Board of Adjustment members shall be three (3) years, at
which time the Board of Commissioners may re-appoint the member for a consecutive
term.
2.19 Rules of Procedure
A. The Zoning Board of Adjustment shall adopt Rules of Procedure for the conduct of
its affairs.
B. Among other matters, the Rules of Procedure shall provide for the office of
Chairperson and Vice Chairperson, whose term of office shall be one (1) year, with
eligibility for re-election.
C. As required by NCGS 160D-308, the adopted Rules of Procedure for the board
must be posted on the Town of Vass website.
2.20 Powers of the Zoning Board of Adjustment
The Zoning Board of Adjustment shall have the following powers:
1 . Hear and decide appeals of decisions of the Administrative Officer in the
performance of his/her official duties in interpreting and administering this Zoning
Ordinance. As used in this section, the term "decision" includes any final and
binding order, requirement or determination.
2. Hear and decide requests for variances from the regulations of this Ordinance.
Nothing in this Ordinance shall be construed to authorize the Zoning Board of
22

Adjustment to permit a use in a district where that use is neither a Permitted Use
nor a Special Use;
3. Pass upon, decide, or determine such other matters as may be required by this
Ordinance.
4. When deciding appeals and requests for variances, the Board of Adjustment shall
follow quasi-judicial procedures set forth in section 4.1 and the other applicable
ordinances set forth in Article 4.
2.21 Notice of Hearing
Notice of hearings conducted by the Board of Adjustment shall be mailed to the person
or entity whose appeal, application, or request is the subject of the hearing; to the owner
of the property that is the subject of the hearing if the owner did not initiate the hearing;
to the owners of all parcels of land abutting the parcel of land that is the subject of the
hearing; and to any other persons entitled to receive notice as provided by the zoning
ordinance. In the absence of evidence to the contrary, the town may rely on the county
tax listing to determine owners of property entitled to mailed notice. The notice must be
deposited in the mail at least 10 days, but not more than 25 days, prior to the date of the
hearing. Within that same time period, the town shall also prominently post a notice of the
hearing on the site that is the subject of the hearing or on an adjacent street or highway
right-of-way.
2.22 Meetings and Administration
A. All meetings of the Board shall be conducted in compliance with the North Carolina Open
Meetings Law, as required by Article 33C (Meetings of Public Bodies), Chapter 143 (State
Departments, Institutions, and Commissions) of the North Carolina General Statutes et.
seq., as amended. The Board shall give notice of its meetings as provided in the Open
Meetings Law. Notice shall be given to Zoning Board of Adjustment members as provided
in the Rules of Procedure adopted by the Board.
B. Applications for variances and appeals for review of decisions of the Administrative
Officer's interpretations shall be filed with the Administrative Officer as agent for the
Board. Applications and appeals shall be submitted on forms provided by the
Administrative Officer.
C. The Board shall act on all applications before it.
D. The Board shall act on any appeal of a Stop Work Order issued by the Administrative
Officer at its next regularly scheduled meeting, or at any special called or emergency
meeting called to address the Stop Work Order.
23

E. It shall be the responsibility of the Administrative Officer to issue permits in accord with
the Board's action on an appeal or application, if a permit is authorized by the Board's
action.
F. The Administrative Officer shall see to the faithful execution of all portions of the Board's
actions, including the enforcement of all conditions that may have been attached to the
granting of a variance.
2.23 Oaths
A. The chair of the board or any member acting as chair and the clerk to the board are
authorized to administer oaths to witnesses in any matter coming before the board.
B. Any person who, while under oath during a proceeding before the board, willfully swears
falsely is guilty of a Class 1 misdemeanor.
2.24 Subpoenas
The board of adjustment through the chair, or in the chair's absence anyone acting as chair, may
subpoena witnesses and compel the production of evidence. To request issuance of a
subpoena, persons with standing under G.S. 160D-1402 may make a written request to the chair
explaining why it is necessary for certain witnesses or evidence to be compelled. The chair shall
issue requested subpoenas he or she determines to be relevant, reasonable in nature and
scope, and not oppressive. The chair shall rule on any motion to quash or modify a subpoena.
Decisions regarding subpoenas made by the chair may be appealed to the full board of
adjustment. If a person fails or refuses to obey a subpoena issued pursuant to this subsection,
the board of adjustment or the party seeking the subpoena may apply to the General Court of
Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction
to issue these orders after notice to all proper parties.
2.25 Voting
A. The concurring vote of four-fifths of the board of adjustment shall be necessary to grant
a variance. A majority of the members shall be required to decide any other quasi-judicial matter
or to determine an appeal made in the nature of certiorari. For the purposes of this subsection,
vacant positions on the board and members who are disqualified from voting on a quasi-judicial
matter shall not be considered members of the board for calculation of the requisite majority if
there are no qualified alternates available to take the place of such members.
B. A member of the board exercising quasi-judicial functions pursuant to this ordinance shall
not participate in or vote on any quasi-judicial matter in a manner that would violate affected
persons' constitutional rights to an impartial decision maker. Impermissible violations of due
process include, but are not limited to, a member having a fixed opinion prior to hearing the
matter that is not susceptible to change, undisclosed ex parte communications, a close familial,
business, or other associational relationship with an affected person, or a financial interest in the
outcome of the matter. If an objection is raised to a member's participation and that member
24

does not recuse himself or herself, the remaining members shall by majority vote rule on the
objection.
2.26 Meeting Minutes
The Board shall keep a record of its meetings, including the vote of each member on every
question, complete detailed minutes of testimony given, and of evidence submitted to it,
documents submitted to it, and all official actions.
2.27 Conflicts of Interest
Members of appointed boards shall not vote on any advisory or legislative decision regarding a
development regulation adopted pursuant to this Chapter where the outcome of the matter being
considered is reasonably likely to have a direct, substantial, and readily identifiable financial
impact on the member. An appointed board member shall not vote on any zoning amendment if
the landowner of the property subject to a rezoning petition or the applicant for a text amendment
is a person with whom the member has a close familial, business, or other associational
relationship.
Part 4. Historic Preservation Commission
2.28 Intent
The Town Board of Commissioners, under the authority of Chapter 160D (Local Planning
and Development Regulation) of the General Statutes of North Carolina, as amended, for
the purposes and advantages described herein, may create a Historic Preservation
Commission.
2.29 Qualifications for Members
The Historic Preservation Commission shall consist of at least three (3) members. The
board members shall reside within the planning and development regulation jurisdiction
and be appointed by the Board of Commissioners. Members shall serve without
compensation, but they may be reimbursed for incidental expenses incurred in connection
with official duties. All board members shall take an oath of office at the beginning of their
term. A majority of the members shall have demonstrated special interest, experience,
or education in history, architecture, archaeology, or related fields. The commission may
appoint advisory bodies and committees as appropriate.
2.30 Tenure
The tenure of office for Historic Preservation Commission members shall be three (3) and
four (4) year staggered terms, at which time the Board of Commissioners may re-appoint
the member for a consecutive term.
25

2.31 Rules of Procedure
A. The Historic Preservation Commission shall recommend Rules of Procedure for
the conduct of its affairs, to be adopted by the Town Board of Commissioners.
B. Among other matters, the Rules of Procedure shall provide for the office of
Chairperson and Vice Chairperson, whose term of office shall be of at least one
(1) year, with eligibility for re-election.
C. A quorum for conduct of business of the Board shall be a majority of the appointed
members.
D. The Rules of Procedure shall require the Board on an as needed basis and provide
for the calling of special meetings as the need of the Board requires.
E. As required by NCGS 160D-308, the adopted Rules of Procedure for the board
must be posted on the Town of Vass website.
2.32 Meetings
All meetings of the Board shall be open to the public and the Board shall cause notices
to be given as required by NC general statutes.
2.33 Meeting Minutes
The Town Clerk shall cause minutes of its meetings to be maintained as a permanent
public record. Such minutes shall record the attendance of its members, its findings,
recommendations, and a summary of information, data and testimony presented to it.
2.34 General Powers and Duties
As provided for in NCGS 160D-942, as amended, the Historic Preservation Commission may
have the following powers and duties as directed by the Board of Commissioners:
(1) Undertake an inventory of properties of historical, prehistorical, architectural, and/or
cultural significance.
(2) Recommend to the governing board areas to be designated by ordinance as "Historic
Districts" and individual structures, buildings, sites, areas, or objects to be designated by
ordinance as "Landmarks."
(3) Recommend to the governing board that designation of any area as a historic district
or part thereof, or designation of any building, structure, site, area, or object as a
landmark, be revoked or removed for cause.
26

(4) Conduct an educational program regarding historic properties and districts within its
jurisdiction.
(5) Prepare and recommend the official adoption of a preservation element as part of the
local government's comprehensive plan.
(6) Review and act upon proposals for alterations, demolitions, or new construction within
historic districts, or for the alteration or demolition of designated landmarks.
(7) Negotiate at any time with the owner of a building, structure, site, area, or object for
its acquisition or its preservation, when such action is reasonably necessary or
appropriate.
2.35 Conflicts of Interest
Members of appointed boards shall not vote on any decision where the outcome of the matter
being considered is reasonably likely to have a direct, substantial, and readily identifiable
financial impact on the member. If a conflict of interest exists, the member should recuse
themselves from participating and voting.
Part 5. Duties of the Administrative Officer
2.28 Establishment of Position of Administrative Officer
The provisions of this Ordinance shall be administered by the Administrative Officer, who shall
be appointed to office by the Mayor. The Administrative Officer may appoint a designee to carry
out tasks as needed. The Administrative Officer or his/her officially designated deputy or
assistant shall have the power to grant Zoning Compliance Permits, to make inspections of
buildings or premises, revoke permits, and any other procedures necessary to carry out the
enforcement of this Ordinance. In connection with the enforcement of this Ordinance, the
Administrative Officer shall make all necessary determinations and interpretations as required
by this Ordinance. Persons aggrieved by a decision or a determination made by the
Administrative Officer may appeal that action to the Zoning Board of Adjustment as indicated in
Article 4 (Appeals, Variances, and Interpretations).
2.28.1 Powers and Limitations of the Administrative Officer
If the proposed excavation, construction, moving, alteration or use of land as set forth in the
application for a Zoning Compliance Permit are in conformity with the provisions of this
Ordinance, the Administrative Officer shall issue a Zoning Compliance Permit, however,
1 . Issuance of a Zoning Compliance Permit shall in no case be construed as waiving any
provision of this Ordinance;
2. Under no circumstances is the Administrative Officer permitted to grant exceptions to the
actual meaning of any clause, standard, or regulation contained in this Ordinance to any
27

person making application to excavate, construct, move, alter, or use either buildings,
structures, or land;
3. Under no circumstances is the Administrative Officer permitted to make changes to this
Ordinance or to vary the terms of this Ordinance in carrying out assigned duties;
4. The Administrative Officer shall issue a permit when the imposed conditions of this
Ordinance are complied with by the applicant regardless of whether the use of the permit
would violate contractual or other arrangements (including, but not by way of limitation,
restrictive covenants) among private parties;
5. The Administrative Officer shall revoke a Zoning Compliance Permit if it is found to be
issued in violation of any of the provisions of this Ordinance, or if the conditions as stated
on the Permit are not carried out;
6. The Administrative Officer shall issue a Stop Work Order pursuant to Article 5
(Enforcement) if it is determined that irreparable injury will occur if the alleged violation is
not immediately terminated;
7. The Administrative Officer shall be responsible for the administration and enforcement of
this Ordinance, including the issuance of any required permits and certificates as
authorized by this Ordinance;
8. Administrative, technical and professional support to the Town Board of Commissioners,
Planning Board, Zoning Board of Adjustment, and any advisory committee set up
hereunder;
9. The preparation of written staff reports and recommendations on all proposed
amendments to this Ordinance, applications of approval of Special Uses, applications for
variances and appeals from orders, decisions, determinations and requirements made in
enforcing this Ordinance;
10. Liaison with other Town and County departments, representatives of other local
governmental units and units of the State of North Carolina, and of the United States;
11 . The maintenance of data, maps, and other information necessary to discharge his/her
responsibilities;
12. Provide appropriate services to encourage the participation of citizens of the Town of
Vass in the discharge of its responsibilities;
13. Interpretations. The Administrative Officer is authorized to interpret the Official Zoning
Map and to pass upon disputed questions of district boundary lines and similar questions.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning
Map, the following rules shall apply:
a. Boundaries indicated as approximately following the centerlines of alleys, streets,
highways, streams, or railroads shall be construed to follow such centerlines;
b. Boundaries indicated as approximately following lot lines, town limits, or extraterritorial
boundary lines, shall be construed as following such lines, limits, or boundaries;
c. Boundaries indicated as following shorelines shall be construed to follow such shorelines,
and in the event of change in the shoreline, shall be construed as following such
shorelines;
d. Where a district boundary divides a lot or where distances are not specifically indicated
on the Official Zoning Map, the boundary shall be determined by measurement, using the
scale of the Official Zoning Map;
28

e. Where any street or alley is hereafter officially vacated or abandoned, the regulations
applicable to each parcel of abutting property shall apply to that portion of such street or
alley added thereto by virtue of such vacation or abandonment; and
14. Perform other duties as may be directed by the Town Board of Commissioners.
2.28.2 Conflicts of interest
No staff member shall make a final decision on an administrative decision if the outcome of
that decision would have a direct, substantial, and readily identifiable financial impact on the
staff member or if the applicant or other person subject to that decision is a person with whom
the staff member has a close familial, business, or other associational relationship. If a staff
member has a conflict of interest under this section, the decision shall be assigned to another
staff person.
No staff member shall be financially interested or employed by a business that is financially
interested in a development subject to regulation unless the staff member is the owner of the
land or building involved. No staff member or other individual or an employee of a company
contracting with a local government to provide staff support shall engage in any work that is
inconsistent with his or her duties or with the interest of the local government, as determined
by the local government.
29

Article 3, PERMITS, SITE PLANS, AND APPROVALS
3.1 Zoning Compliance and Special Use Permits
A. The use made of property may not be changed, clearing, grading, or excavation
may not be commenced, and buildings or other structures may not be constructed,
erected, moved, or altered, except in accordance with, and pursuant to, one (1) of
the following permits:
1 . A Zoning Compliance Permit issued by the Administrative Officer;
2. A Special Use Permit issued by the Town Board of Commissioners.
B. Zoning Compliance Permits, Special Use Permits, and Sign Permits are issued
under this Ordinance only when a review of the application submitted, including
the plans contained therein, indicates that the development will comply with the
provisions of this Ordinance if completed as proposed. Such plans and
applications as are finally approved are incorporated into any permit issued, and
except as otherwise provided in Section 3.6 (Amendments to and Modifications of
Permits), all development shall occur strictly in accordance with such approved
plans and applications.
C. A Zoning Compliance Permit, Special Use Permit, or Sign Permit shall be issued
in the name of the applicant (except that applications submitted by an agent shall
be issued in the name of the principal), shall identify the property involved and the
proposed use, shall incorporate by reference the plans submitted, and shall
contain any special conditions or requirements lawfully imposed by the permit
issuing authority. The development approval must be made in writing in print or
electronic form. If electronic form is used, it must be protected from further editing.
3.1.2 No Occupancy or Use Until Requirements Fulfilled
Issuance of a Zoning Compliance Permit or Special Use Permit authorizes the recipient
to commence the activity resulting in a change in use of the land or (subject to obtaining
a Building Permit) to commence work designed to construct, erect, or alter buildings or
other structures. However, as provided in Sections 3.2.1 (Authorizing Use or Occupancy
Before Completion of Development Under Zoning Compliance Permits), 3.3.13
(Authorizing Use or Occupancy Before Completion of Development Under Special Use
Permits), and 3.3.14 (Completing Developments In Phases), the intended use may not
be commenced, and no building may be occupied, until all of the requirements of this
Ordinance and all additional requirements imposed pursuant to the issuance of a Zoning
Compliance or Special Use Permit have been complied with.
30

3.1.3 Who May Submit Permit Applications
A. Applications for Zoning Compliance, Special Use, or Sign Permits will be accepted
only from persons having legal authority to take action in accordance with the
permit.
B. The Administrative Officer may require an applicant to submit evidence of his/her
authority to submit the application in accordance with Subsection A whenever
there appears to be a reasonable basis for questioning this authority.
3.1.4 Applications to be Complete
A. All applications for Zoning Compliance, Special Use, or Sign Permits must be
complete before the permit issuing authority is required to consider the application.
B. Subject to Subsection C, an application is complete when it contains all of the
information that is necessary for the permit issuing authority to decide whether or
not the development, if completed as proposed, will comply with all of the
requirements of this Ordinance.
C. It is recognized that each development is unique, and therefore the permit issuing
authority may allow less information or may require more information to be
submitted according to the needs of the particular case. For applications submitted
to the Planning Board, Town Board of Commissioners, or Zoning Board of
Adjustment, the applicant may rely in the first instance on the recommendations of
the Administrative Officer as to whether more or less information than that set forth
for the application should be submitted.
D. The Administrative Officer shall make every effort to develop application forms,
instructional sheets, checklists, or other techniques or devices to assist applicants
in understanding the application requirements and the form and type of information
that must be submitted. In cases where a minimal amount of information is
necessary to enable the Administrative Officer to determine compliance with this
Ordinance, such as applications for Zoning Compliance Permits to construct
single-family and two-family houses, or applications for Sign Permits, the
Administrative Officer shall develop standard forms that will expedite the
submission of the necessary plans and other required information.
3.1.5 Staff Consultation Before Formal Application
To minimize development planning costs, avoid misunderstanding or misinterpretation,
and ensure compliance with the requirements of this Ordinance, pre-application
31

consultation between the developer and the Administrative Officer is encouraged or
required, as provided in this Article, before submitting an application for any permit or
approval required under this Ordinance.
3.1.6 Staff Consultation After Application Submitted
A. Upon receipt of a formal application for a Zoning Compliance, Special Use, or Sign
Permit, the Administrative Officer shall review the application and shall confer with
the applicant to ensure that he/she understands the Administrative Officer's
interpretation of the applicable requirements of this Ordinance, that he/she has
submitted all of the information that he/she intends to submit, and that the
application represents precisely and completely what he/she proposes to do.
B. If the application is for a Special Use Permit, the Administrative Officer shall place
the application on the agenda of the Planning Board and Town Board of
Commissioners when the applicant indicates that the application is as complete as
he/she intends to make it. However, as provided in Section 3.3.9
(Recommendations on Special Use Permit Applications), if the Administrative
Officer believes that the application is incomplete, he/she shall recommend that
the application be denied on that basis.
3.2 Zoning Compliance Permits
A. A completed application form for a Zoning Compliance Permit shall be submitted
to the Administrative Officer by filing a copy of the application with the
Administrative Officer. Applications for Zoning Compliance Permits shall contain
the following information:
1 . A written application containing at least the following information:
a. The name, address, and telephone number of the applicant;
b. If the applicant is not the owner of the property in question, the name,
address, and telephone number of the owner, and the legal
relationship of the applicant to the owner that entitles the applicant
to make the application. An application must be made by the
landowner, lessee or person holding an option or contract to
purchases or lease the land, or an authorized agent of the
landowner;
c. The date of the application;
d. A succinct statement of the nature of the development proposed
under the permit;
32

e. Identification of the property in question by street address, Parcel
Identification Number (PIN) and/or Property Identification Number;
f. The zoning and watershed district in which the property lies;
g. The number of square feet in the lot where the development is to
take place;
h. The gross floor area of all existing and proposed buildings located
on the lot where the development is to take place;
i. If the proposed development is a two-family or multi-family residential
development, the number of one-, two-, three-, or four-bedroom
dwelling units proposed for construction;
j. If applicable, the amount of impervious surface coverage permitted
on the lot in square footage and percentage (%) notation, the amount
of existing impervious surfaces located on the lot in square footage
and percentage (%) notation, the amount of proposed impervious
surface coverage in square footage and percentage (%) notation,
and the total amount of impervious surface coverage to be located
on the lot (in square footage and percentage (%) notation) once
development is complete;
k. A completed site plan (if applicable) meeting the requirements of
Section 3.9 (Site Plans);
I. Documentation confirming that the applicant has a legally sufficient
interest in the property proposed for development, to use it in the
manner requested, or is the duly appointed agent of such person;
m. Documentation from the appropriate agencies (Moore County
Environmental Health, NCDOT, public water/sewer provider) that
proposed utility systems are or will be adequate to handle the
proposed development and that all necessary easements have been
provided;
n. Any required local, State, or Federal permits;
o. Legal documentation establishing homeowners associations or other
legal entities responsible for control over required common areas
and facilities;
p. Bonds, letters of credit, or other surety devices;
33

q. Written evidence of permission to use satellite parking spaces under
the control of a person other than the developer when such spaces
are allowed by this Ordinance;
r. Written evidence of good faith efforts to acquire satellite parking
when such conditions warrant;
s. Verification that industrial uses will meet the performance standards
set forth in Article 11 (Non-Residential Performance Standards).
Such verification shall be made by a registered, licensed engineer or
other qualified expert unless it is utterly apparent from the nature of
the proposed development that such expert verification is
unnecessary;
t. Time schedules for the completion of phases in staged development;
B. The Administrative Officer shall issue the Zoning Compliance Permit unless he/she
finds, after reviewing the application and consulting with the applicant as provided
in Section 3.1.6 (Staff Consultation After Application Submitted), that:
1 . The requested permit is not within his/her jurisdiction according to the Table
of Permitted Uses, or
2. The application is incomplete, or
3. If completed as proposed in the application, the development will not comply
with one (1) or more requirements of this Ordinance (not including those
requirements concerning which a variance has been granted or those the
applicant is not required to comply with under the circumstances specified
in Article 6 (Nonconforming Situations).
3.2.1 Authorizing Use or Occupancy Before Completion of Development Under
Zoning Compliance Permits
In cases when, because of weather conditions or other factors beyond the control of the
Zoning Compliance Permit recipient (exclusive of financial hardship), it would be
unreasonable to require the Zoning Compliance Permit recipient to comply with all of the
requirements of this Ordinance prior to commencing the intended use of the property or
occupying any buildings, the Administrative Officer may authorize the commencement of
the intended use or the occupancy of buildings (insofar as the requirements of this
Ordinance are concerned) if the permit recipient provides a performance bond or other
security satisfactory to the Administrative Officer to ensure that all of the requirements of
this Ordinance will be fulfilled within a reasonable period (not to exceed twelve (12)
months) determined by the Administrative Officer, and that the Building Inspector certifies
that the occupancy or use will not violate the requirements of the Building Code.
34

3.3 Special Use Permits
A. An application for a Special Use Permit shall be submitted to the Town Board of
Commissioners by filing a copy of the application with the Administrative Officer.
B. Subject to Subsection C, the Town Board of Commissioners shall issue the
requested permit unless it concludes, based upon the information submitted at the
hearing, that:
1 . The requested permit is not within its jurisdiction according to the Table of
Permitted Uses, or
2. The application is incomplete, or
3. If completed as proposed in the application, the development will not comply
with one (1) or more requirements of this Ordinance (not including those the
applicant is not required to comply with under circumstances specified in
Article 6 (Nonconforming Situations), or
C. Even if the Town Board finds the application complies with all other provisions of
this Ordinance, it may still deny the permit if it concludes, based upon the
information submitted at the hearing, that if completed as proposed, the
development, more probably than not:
1 . Will materially endanger the public health or safety, or
2. Will substantially injure the value of adjoining or abutting property, or
3. Will not be in harmony with the area in which it is to be located, or
4. Will not be in general conformity with the Land Use Development Plan,
Thoroughfare Plan, or other plans officially adopted by the Town Board of
Commissioners.
3.3.1 Applications and Requests to be Heard Expeditiously
A. Recognizing that inordinate delays in acting upon applications may impose
unnecessary costs on the applicant, the Town shall make every reasonable effort
to process permit applications as expeditiously as possible, consistent with the
need to ensure that all development conforms to the requirements of this
Ordinance.
B. Town Board of Commissioners shall hear and decide all Special Use Permit
requests as expeditiously as possible, consistent with the need to follow regular
established agenda procedures, provide notice in accordance with Section 3.3.4
35

(Notice of Hearing), obtain the necessary information to make sound decisions and
otherwise comply with quasi-judicial procedures as set forth in Section 4.1 .
3.3.2 Burden of Presenting Evidence; Burden of Persuasion
A. The burden of presenting a complete application (as described in Section 3.1.4
(Applications to be Complete) to the Town Board shall be upon the applicant.
However, unless the Town Board informs the applicant at the hearing in what way
the application is incomplete and offers the applicant an opportunity to complete
the application (either at the meeting or at a continuation hearing), the application
shall be presumed to be complete.
B. Once a completed application has been submitted, the burden of presenting
evidence to the Town Board sufficient to lead it to conclude that the application
should be denied for any reasons stated in Section 3.3 (Special Use Permits),
Subsections B (1), B (3), or C shall be upon the party or parties urging this position,
unless the information presented by the applicant in his/her application and at the
public hearing is sufficient to justify a reasonable conclusion that a reason exists
to so deny the application.
C. The burden of persuasion on the issue of whether the development, if completed
as proposed, will comply with the requirements of this Ordinance remains at all
times on the applicant. The burden of persuasion on the issue of whether the
application should be turned down for any of the reasons set forth in Section 3.3
(Special Use Permits), Subsection C (4) rests on the party or parties urging that
the requested permit should be denied.
3.3.3 Hearing Required on Special Use Permits
Before making a decision on a Special Use Permit, or a petition from the Administrative Officer
to revoke a Special Use Permit, the Town Board of Commissioners shall hold a hearing on the
application. The Board of Commissioners shall follow the quasi-judicial procedures set forth in
Section 4.1 .
3.3.4 Notice of Hearing
The Administrative Officer shall give notice of any hearing required by Section 3.3.3 (Hearing
Required on Special Use Permits) as follows:
1 . Notice shall be given to the applicant and any other person who makes a written request
for such notice by mailing to such persons a written notice not later than ten (10) days before
the hearing;
2. Notice shall be given to neighboring property owners by mailing a written notice not later
than ten (10) days before the hearing to those persons who have listed for taxation real property
36

any portion of which is located adjacent to, and across the street from, the lot that is the subject
of the application;
3. Notice shall be given to other potentially interested persons by publishing a notice two (2)
times in a newspaper having general circulation in the area. The first of the two notices must be
published at least ten (10) days, but not more than twenty-five (25) days, before the hearing.
The second notice must appear in a separate calendar week. The day of publication is not
counted in computing these times, but the day of the hearing is included.
4. The notice required by this Section shall state the date, time, and place of the hearing,
reasonably identify the lot that is the subject of the application, and give a brief description of the
action requested or proposed.
3.3.5 Modification of Application at Hearing
A. In response to questions or comments by persons appearing at the hearing, or to
suggestions or recommendations by the Town Board of Commissioners, the applicant may
agree to modify his/her application, including the plans and specifications submitted.
B. Unless such modifications are so substantial or extensive that the hearing board cannot
reasonably be expected to perceive the nature and impact of the proposed changes without
revised plans before it, the Town Board of Commissioners may approve the application with the
stipulation that the permit will not be issued until plans reflecting the agreed upon changes are
submitted to the Administrative Officer.
3.3.6 Record
A. A recording shall be made of all hearings, and such recordings shall be kept for at least
two (2) years. Accurate minutes shall also be kept of all such proceedings, but a transcript need
not be made.
B. Whenever practicable, all documentary evidence presented at a hearing as well as all
other types of physical evidence, shall be made a part of the record of the proceedings and shall
be kept by the Town in accordance with the Municipal Records Retention and Disposition
Schedule as maintained by the North Carolina Department of Cultural Resources, Division of
Archives and Records.
3.3.7 Written Decision and Judicial Review
Written decisions and judicial review for all hearings for appeals and variances shall conform to
Section 4.1, "Quasi-Judicial Procedure and Judicial Review."
3.3.8 Recommendations on Special Use Permit Applications
37

A. When presented to the Board of Commissioners, the application shall be accompanied
by a report setting forth the Administrative Officer's proposed findings concerning the
application's compliance with Section 3.1.4 (Applications to be Complete) and other
requirements of this Ordinance, as well as any staff recommendations for additional
requirements to be imposed by the Town Board of Commissioners. If the Administrative Officer's
report proposes a finding or conclusion that the application fails to comply with Section 3.1 .4
(Applications to be Complete), or any other requirement of this Ordinance, it shall identify the
requirement in question and specifically state supporting reasons for the proposed findings or
conclusions.
3.3.9 Required Vote on Special Use Permits
A. Before granting a Special Use Permit, the Town Board of Commissioners must vote and
vote affirmatively by majority on the supplemental requirements for the specific use as found in
Article 12 (Supplemental Requirements for Specific Uses), the three (3)findings listed in Section
3.3 (Special Use Permits), Subsection B, and the four (4) required findings stated in Section 3.3
(Special Use Permits), Subsection C. Insofar as practicable, a motion to make an affirmative
finding on each of the requirements set forth in Section 3.3 (Special Use Permits), Subsection
C, shall include a statement of the specific reasons or findings of fact supporting such motion,
which may be a wholesale adoption of potential findings outlined by the applicant or staff on a
report that was entered in to the record.
B. A motion to deny a Special Use Permit may be made on the basis that any one (1) or
more of the supplemental requirements for the specific use as found in Article 12 (Supplemental
Requirements for Specific Uses), the three (3) findings listed in Section 3.3 (Special Use
Permits), Subsection B, or of the four (4) criteria set forth in Section 3.3 (Special Use Permits),
Subsection C, are not satisfied, or that the application is incomplete. Such a motion shall include
a statement of the specific reasons or findings of fact that support it.
C. In voting on the approval or denial of a Special Use Permit, vacant positions on the Town
Board and members who are disqualified from voting due to a conflict of interest shall not be
considered "members of the Board" for calculation of the requisite majority if there are no
qualified alternates available to take the place of such members.
D. A member of the Town Board shall not participate in or vote on any matter in a manner
that would violate affected persons' constitutional rights to an impartial decision maker.
Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to
hearing the matter that is not susceptible to change, undisclosed ex parte communications, a
close familial, business, or other associational relationship with an affected person, or a financial
interest in the outcome of the matter. If an objection is raised to a member's participation and
that member does not recuse himself/herself, the remaining members shall by majority vote rule
on the objection.
38

3.3.10 Town Board of Commissioners Action on Special Use Permits
In considering whether to approve an application for a Special Use Permit, the Town Board of
Commissioners shall proceed according to the following format:
1 . The Town Board of Commissioners shall consider whether the application is complete. If
no member moves that the application be found incomplete (specifying either the particular type
of information lacking or the particular requirements with respect to which the application is
incomplete), then this shall be taken as an affirmative finding by the Town Board of
Commissioners that the application is complete.
2. The Town Board of Commissioners shall consider whether the application complies with
all the applicable requirements of this Ordinance. If a motion to this effect passes, the Town
Board of Commissioners need not make further findings concerning such requirements. If such
a motion fails or is not made, then a motion shall be made that the application be found not in
compliance with one (1) or more of the requirements of this Ordinance. Such a motion shall
specify the particular requirements the application fails to meet. Separate votes may be taken
with respect to each requirement not met by the application. It shall be conclusively presumed
that the application complies with all requirements not found by the Town Board of
Commissioners to be unsatisfied through this process.
3. If the Town Board of Commissioners concludes that the application fails to comply with
one (1) or more requirements of this Ordinance, the application shall be denied. If the Town
Board of Commissioners concludes that all such requirements are met, it shall issue the permit
unless it adopts a motion to deny the application for one (1) or more of the reasons set forth in
Section 3.3 (Special Use Permits), Subsection C. Such a motion shall propose specific findings,
based upon the evidence submitted, justifying such a conclusion.
3.3.11 Additional Requirements on Special Use Permits
A. In granting a Special Use Permit, the Town Board of Commissioners shall make
the following findings, based on the evidence and testimony received at the quasi-
judicial public hearing, that the development in its proposed location:
1 . Will not endanger the public health or safety,
2. Will not substantially injure the value of adjoining or abutting property,
3. Will be in harmony with the area in which it is located, and
4. Will be in conformity with the Comprehensive Land Use Plan, or other plans
officially adopted by the Town Board of Commissioners.
B. Without limiting the foregoing, the Board may attach to a permit a condition limiting
the permit to a specific duration.
39

C. All additional conditions or requirements shall be entered on the permit.
D. All additional conditions or requirements to protect the public health, safety and
general welfare authorized by this Section are enforceable in the same manner
and in the same extent as any other applicable requirement of this Ordinance. All
such conditions shall be stated on the form approving the application. Conditions
may be stricter than any requirement or limitation stated elsewhere in this
Ordinance for the proposed use and may include, but are not limited to: limitations
to the size, bulk, and location of structures, requirements for landscaping signs,
and lighting, adequate site ingress and egress, open space; hours of hours of
operations; and mitigation of environmental impacts.
E. A vote may be taken on application conditions or requirements before
consideration of whether the permit should be denied for any of the reasons set
forth in Section 3.3 (Special Use Permits), Subsection C.
F. A Special Use Permit is effective upon filing the written decision with the clerk to
the Board. The applicant or land owner must consent in writing to conditions
related to a special use permit. The decision of the Board shall be delivered by
personal delivery, electronic mail, or by first-class mail to the applicant, property
owner, and to any person who has submitted a written request for a copy, prior to
the date the decision becomes effective. The clerk to the Board of commissioners
shall certify that proper notice has been made.
3.3.12 Authorizing Use or Occupancy Before Completion of Development
Under Special Use Permits
A. In cases when, because of weather conditions or other factors beyond the control
of the permit recipient (exclusive of financial hardship) it would be unreasonable to
require the permit recipient to comply with all of the requirements of this Ordinance
before commencing the intended use of the property, or occupancy of any
buildings, the Board may authorize the commencement of the intended use, or the
occupancy of buildings, if the permit recipient provides a performance bond or
other security satisfactory to the Board to ensure that all of these requirements will
be fulfilled within a reasonable time period (not to exceed twelve (12) months), and
that the Building Inspector certifies that the occupancy or use will not violate the
requirements of the Building Code.
B. When the Board imposes additional requirements upon the permit recipient in
accordance with Section 3.3.12 (Additional Requirements on Special Use
Permits), or when the developer proposes in plans submitted, to install amenities
beyond those required by this Ordinance, the Board may authorize the permittee
to commence the intended use of the property, or to occupy any building, before
the additional requirements are fulfilled or the amenities installed, if it specifies a
date by which, or a schedule according to which, such requirements must be met
40

or each amenity installed, and if it concludes that compliance will be ensured as
the result of any one (1) or more of the following:
1. A performance bond or other security satisfactory to the Board is furnished;
2. A condition is imposed establishing an automatic date on the permit,
thereby ensuring that the permit recipient's compliance will be reviewed
when application for renewal is made;
3. The nature of the requirements or amenities is such that sufficient
assurance of compliance is given by Section 5.6 (Remedies; Penalties;
Enforcement Action) and Section 5.6.1 (Permit Revocation).
3.3.13 Completing Developments in Phases
A. If a development is constructed in phases or stages in accordance with this
Section, then, subject to Subsection C, the provisions of Section 3.1.2 (No
Occupancy or Use Until Requirements Fulfilled), Section 3.2.1 (Authorized Use or
Occupancy Before Completion of Development Under Zoning Compliance
Permits), and Section 3.3.13 (Authorizing Use or Occupancy Before Completion
of Development Under Special Use Permits) (exceptions to Section 3.1.2 (No
Occupancy or Use Until Requirements Fulfilled)) shall apply to each phase as if it
were the entire development.
B. As a prerequisite to taking advantage of the provisions of Subsection A, the
developer shall submit plans that clearly show the various phases or stages of the
proposed development and the requirements of this Ordinance that will be satisfied
with respect to each phase or stage.
C. If the development that is to be built in phases or stages includes improvements
that are designed to relate to, benefit, or be used by the entire development (such
as a swimming pool or tennis courts in a residential development) then, as part of
his/her application for development approval, the developer shall submit a
proposed schedule for completion of such improvements. The schedule shall
relate completion of such improvements to completion of one (1) or more phases
or stages of the entire development. Once a schedule has been approved and
made part of the permit by the permit issuing authority, no land may be used, and
no building may be occupied, except in accordance with the schedule approved as
part of the permit, provided that:
1. If the improvement is one required by this Ordinance, then the developer
may utilize the provisions of Section 3.2.1 (Authorizing Use or Occupancy
Before Completion of Development Under Zoning Compliance Permits), or
Section 3.3.13 (Authorizing Use or Occupancy Before Completion of
Development Under Special Use Permits), Subsections A or B;
41

2. If the improvement is an amenity not required by this Ordinance, or is
provided in response to a condition imposed by the Board, then the
developer may utilize the provisions of Section 3.3.13 (Authorizing Use or
Occupancy Before Completion of Development Under Special Use
Permits), Subsection B.
3.4 Expiration of Permits
A. Zoning Compliance and Sign Permits shall expire automatically if, within three
hundred sixty-five (365) calendar days after the issuance of such permits:
1. The use authorized by such permits has not commenced, in circumstances
where no construction, erection, alteration, excavation, demolition, or
similar work is necessary before commencement of such use, or
2. Less than ten percent (10%) of the total cost of all construction, erection,
alteration, excavation, demolition, or similar work on any development
authorized by such permit has been completed on the site. With respect to
phased development, this requirement shall apply only to the first phase.
B. If, after some physical alteration to land or structures begins to take place, such
work is discontinued for a period of three hundred sixty-five (365) calendar, then
the permit authorizing such work shall immediately expire. However, expiration of
the permit shall not affect the provisions of Section 3.5 (Effect of Permit on
Successors and Assigns).
C. The permit issuing authority may extend, for a period of up to one hundred eighty
(180) calendar days, the date when a permit would otherwise expire pursuant to
Subsections A or B if it concludes that:
1. The permit has not yet expired,
2. The permit recipient has proceeded with due diligence and in good faith,
and
3. Conditions have not changed so substantially as to warrant a new
application.
Successive extensions may be granted for periods up to six (6) months upon the
same findings. All such extensions may be granted without resort to the formal
processes and fees required for a new permit.
D. For purposes of this Section, a Special Use Permit is issued when
the Town Board of Commissioners votes to approve the application and
42

issue the permit. A permit within the jurisdiction of the Administrative
Officer is issued when the earlier of the following takes place:
1 . A copy of the fully executed permit is delivered to the permit recipient, and
delivery is accomplished when the permit is hand delivered or mailed by
certified mail return receipt to the permit applicant; or
2. The Administrative Officer notifies the permit applicant that the application
has been approved and that all that remains before a fully executed permit
can be delivered is for the applicant to take certain specified actions, such
as having the permit executed by the property owner so it can be recorded
if required under Section 3.1 (Zoning Compliance and Special Use Permits).
E. Notwithstanding any of the provisions of Article 6 (Nonconforming Situations), this
Section shall be applicable to permits issued prior to the date this Section becomes
effective.
3.5 Effect of Permits on Successors and Assigns
A. Zoning Compliance, Special Use, and Sign Permits authorize the permittee to
make use of land and structures in a particular way. Such permits are transferable.
However, so long as the land, structures, or any portion thereof, covered under a
permit continues to be used for the purposes for which the permit was granted,
then:
1 . No person (including successors or assigns of the person who obtained the
permit) may make use of the land or structures covered under such permit
for the purposes authorized in the permit except in accordance with all the
terms and conditions of that permit, and
2. The terms and requirements of the permit apply to and restrict the use of
the land or structures covered under the permit, not only in respect to all
persons having any interest in the property at the time the permit was
obtained, but also with respect to persons who subsequently obtain any
interest in all or part of the covered property and wish to use it for, or in
connection with, purposes other than those for which the permit was
originally issued, so long as the persons who subsequently obtain all
interest in the property had actual or record notice (as provide in Subsection
B) of the existence of the permit at the time they acquired their interest.
B. Whenever a Special Use Permit is issued, nothing authorized by the permit may be
done until the record owner of the property returns a copy of the recorded permit to
the Administrative Officer indicating it has been recorded in the Moore County
Register of Deeds Office and indexed under the record owner's name as grantor.
43

Alternatively, the Town of Vass may record the Special Use Permit and invoice the
applicant for reimbursement of the recording fee.
3.6 Amendments to and Modifications of Permits
A. Insignificant deviations from the permit (including approved plans) issued by the
Town Board of Commissioners or the Administrative Officer are permissible and
the Administrative Officer may authorize such insignificant deviations. A deviation
is insignificant if it has no impact on the neighboring properties, the general public,
or those intended to occupy or use the proposed development.
B. Minor design modifications or changes in permits (including approved plans) are
permissible with the approval of the permit issuing authority. Such permission may
be obtained without a formal application, public hearing, or payment of any
additional fee. For purposes of this Section, minor design modifications or
changes are those that have no impact on neighboring properties, the general
public, or those intended to occupy or use the proposed development.
C. All other requests for changes in approved plans will be processed as new
applications. If such requests are required to be acted upon by the Town Board of
Commissioners, new conditions may be imposed in accordance with Section
3.3.12 (Additional Requirements on Special Use Permits), but the applicant retains
the right to reject such additional conditions by withdrawing his/her request for an
amendment and may then proceed in accordance with the previously issued
permit.
D. The Administrative Officer shall determine whether amendments to, and
modifications of, permits fall within the categories set forth in Subsections A, B,
and C above.
E. A developer requesting approval of changes shall submit a written request for such
approval to the Administrative Officer, and that request shall identify the changes.
Approval of all changes must be given in writing.
3.7 Reconsideration of Board Action
A. Whenever the Town Board of Commissioners disapproves a Special Use Permit
application, or the Zoning Board of Adjustment disapproves an application for a
variance, on any basis other than the failure of the applicant to submit a complete
application, such action may not be reconsidered by the respective board at a later
time unless the applicant clearly demonstrates that:
1 . Circumstances affecting the property that is the subject of the application
have changed, or
44

2. New information is available that could not with reasonable diligence have
been presented at a previous hearing. A request to be heard on this basis
must be filed with the Administrative Officer within thirty (30) days after the
date of the decision. However, such a request does not extend the period
within which an appeal must be taken.
B. Notwithstanding Subsection A, the Town Board of Commissioners or Zoning Board
of Adjustment may at any time consider a new application affecting the same
property as an application previously denied. A new application is one that differs
in some way from the one previously considered.
3.8 Maintenance of Common Areas, Improvements, and Facilities
The recipients of any Zoning Compliance, Special Use, or Sign Permit, or his/her
successor, shall be responsible for maintaining all common areas, improvements, or
facilities required by this Ordinance or any permit issued in accordance with its provisions,
except those areas, improvements, or facilities with respect to which an offer of dedication
to the public has been accepted by the appropriate public authority. As illustrations, and
without limiting the generality of the foregoing, this means that private roads and parking
areas, water and sewer lines, and recreational facilities must be properly maintained so
that they can be used in the manner intended, and required vegetation and trees used for
screening, landscaping, or shading must be replaced if they die or are destroyed.
3.9 Site Plans
A. As required by Section 3.1 (Zoning Compliance and Special Use Permits), a Zoning
Compliance or Special Use Permit must be issued before any new site development, building,
structure, or vehicular use area may be erected, constructed or used. Site plan approval is
required for all Zoning Compliance and Special Use Permits with the following exceptions:
1. Any development of a single-family dwelling on a lot, or any uses accessory thereto;
2. Any sign;
3. Any development that, in the opinion of the Administrative Officer, does not affect existing
circulation, drainage, relationship of buildings to each other, landscaping, increase
impervious above a previously approved Special Intensity Allocation or will require
approval of a Special Intensity Allocation, buffering, or lighting, provided such existing site
elements comply with the applicable provisions of this Ordinance. In such cases, the
applicant may be required to apply for a non-residential zoning compliance permit and
Zoning Use Verification, but not full site plan review; or
4. Any development undertaken pursuant to a Temporary Zoning Compliance Permit.
45

3.9.1 Professional Design and Certification
Site plans shall be prepared by a registered, licensed engineer, landscape architect, architect,
or professional land surveyor.
3.9.2 Submittal Requirements
The applicant shall submit to the Administrative Officer:
1 . Eight (8) copies of the site plan prepared according to Section 3.9.1 (Professional Design
and Certification) and Section 3.9.3 (Specifications for Plan Preparation). Additional
copies may be required depending on the nature and location of the proposed
development;
2. A Site Plan application form;
3. A copy of the Moore County tax map with the subject property identified;
4. Legal documentation establishing entities responsible for control over common areas and
facilities to be approved by the Town Attorney at the applicant's expense.
3.9.3 Specifications for Plan Preparation
Each site plan shall be drawn at a scale adequate to show required detail and shall contain the
following information (the Administrative Officer will determine which items are applicable for
sufficiency).
1 . The boundary of the lot(s) to be developed labeled with bearings and distances,
2. The name and address of the applicant and the property owner,
3. Name of the project, vicinity map, north arrow, scale, Parcel Identification Number (PIN),
Parcel Identification number (PARID), date of plan preparation, and subsequent revision
dates,
4. Zoning of the property to be developed, and the zoning and existing land use for all
properties adjacent to, and across the street from, the subject property,
5. Water supply watershed classification,
6. A notation that the property is or is not located in a watershed 10%/70% district,
7. Maximum and proposed impervious surface and required stream buffers,
8. Front, side, and rear building setbacks,
46

9. Location of all existing and proposed buildings and structures labeled according to floor
area, building height and function, and proposed finished floor elevation,
10.Vehicular use areas including existing and proposed streets and access drives, off-street
parking and loading, and entry/exit points of adjacent parcels,
11 .Overhead and underground utilities with accompanying easements and storm drainage
facilities/easements (including septic tanks and wastewater disposal fields, wells, fire
hydrants, irrigation, and security lights),
12.Solid waste disposal facilities,
13.All freestanding and wall-mounted signs, unless they will be applied for separately,
14.A landscape plan,
15.Existing contour lines (dashed) and proposed contours (solid) at five (5)foot intervals with
ten (10) foot contours bold. Where site conditions warrant, two (2) foot contours may be
required,
16.Retaining walls, tree wells, or rip rap as part of the grading plan,
17.Streams, stream buffers, ponds, wetlands, drainage ditches, swamps, floodway and
floodplain boundaries,
18.Phase lines and numbers if the development is to be phased or staged,
19.Names of all property owners adjacent to, and across the street from, the proposed
project, and
20.A copy of an approved septic system permit issued by the Moore County Environmental
Health Department, or certification of service availability letter from Moore County Public
Utilities, shall be submitted with the application.
21 .Additional information may be required based on the site location and the type of
development proposed.
22.Building elevations (front, sides and rear), type of material(s) on exterior and colors.
3.9.4 Site Plan Review
A. Upon submission, the Administrative Officer shall review the site plan for completeness
in form and content according to Section 3.9.3 (Specifications for Plan Preparation). If an
application is incomplete, it shall be returned to the applicant within ten (10)working days. When
47

a complete application has been accepted, the plan, or set of plans, will be distributed to
applicable agencies or other departments for review and comment.
B. At the same time, the Administrative Officer shall review the plan(s) based on, but not
limited to, the following general criteria:
1. Compliance with all applicable Town ordinances,
2. Extent and intensity of impacts to the surrounding area,
3. Respect for existing site conditions, including slope, vegetation, drainage patterns, etc.
4. Efficient use of the land to minimize disturbance, grading, and to conserve energy,
5. Safe and efficient vehicular and pedestrian circulation, and
6. Logical placement of structures and other site functions.
Where an application is found to be inconsistent with the above criteria, the Administrative Officer
may recommend changes to the site plan.
C. Once the elements of review for the site plan have been generally approved, the
administrative Officer will refer the application to the Board of Commissioners;
D. Following the review of the site plan by the Board of Commissioners, the Administrative
Officer shall take final action on the application. Such action shall be one (1) of the
following:
1. Approval,
2. Approval with conditions,
3. Denial.
E. Failure to meet the criteria for site plan approval and/or to address agency comments
solicited during site plan review will result in denial of the application.
E. If a plan is approved subject to conditions, no Zoning Compliance Permit or subsequent
Building Permit shall be issued until all conditions of approval have been met to the satisfaction
of the Town of Vass.
F. Site plan approval does not establish a vested right to develop the property should zoning
regulations change subsequent to plan approval unless a Zoning Compliance Permit for the
proposed use has been issued, or a zoning vested right for the site plan is approved as provided
in Section 3.9.5 (Zoning Vested Right for Site Plans).
48

3.9.5 Zoning Vested Right for Site Plans
At the option of the applicant, a site plan may be vested for a period of not less than two (2) nor
more than five (5) years. To become vested, a site plan must be approved by the Town Board
of Commissioners as a Special Use Permit. An approved site-specific development plan shall
contain the following statement:
Approval of this site plan establishes a zoning vested right under NCGS 160D-108.1 (Vested
Rights- site-specific development plans). Unless terminated at an earlier date, the zoning vested
right shall be valid until , 20
3.9.6 Improvements
Where applicable and/or required, as a guarantee of improvements required as a condition of
site plan approval, the developer shall provide the Town of Vass with a security bond, escrow
agreement, or irrevocable letter of credit by an approved institution. The guarantee shall be
effective for twelve (12) months and shall include the cost of the improvements plus fifty percent
(50%), and shall also be approved by the Town Attorney. If a guarantee is not submitted, the
developer must install all required improvements to the satisfaction of the Town prior to the
issuance of a Certificate of Occupancy and/or any additional zoning compliance permits.
49

Article 4, QUASI-JUDICIAL PROCEDURE, APPEALS AND
VARIANCES
4.1 Quasi-Judicial Decisions and Judicial Review
A. Action by the Board of Adjustment on Appeals and Variances and the Town Board on
Special Use Permits shall be made by quasi-judicial decision and the provisions of this section
shall apply to all quasi-judicial proceedings before the Board of Commissioners and the Board
of Adjustment.
B. Each board shall determine contested facts and make its decision within a reasonable
time.
C. Administrative staff may provide the Board with a packet of information regarding the case
as long as the applicant and property owner receive the same materials at the same time. These
administrative materials must be presented at the hearing and made a part of the record.
D. The Hearing.
The evidentiary hearing shall be open to the public and all persons interested in the outcome of
the appeal or application shall be given an opportunity to present competent, material, and
substantial evidence and arguments. In a quasi-judicial hearing, all persons presenting
information and/or wishing to speak must do so under oath.
The chair of each board may place reasonable and equitable limitations on the presentation of
evidence and arguments and may limit unduly repetitious or irrelevant testimony. Each member
of the board may ask questions of persons who testify. Each board shall ensure adequate time
is provided to enter all relevant evidence into the record.
The board may continue the hearing, without additional notice, until a subsequent meeting and
may keep the hearing open to take additional information up to the point a final decision is made.
If a quorum is not present at the meeting, the hearing is automatically continued to the next
regularly scheduled meeting.
E. Evidence.
1 . All persons who intend to present evidence to the Town Board of Commissioners, shall
be sworn in at the hearing. All parties with standing must be allowed to participate in the hearing,
including cross-examining witnesses, objecting evidence, and making legal arguments.
2. Every quasi-judicial decision shall be based upon competent, material, and substantial
evidence in the record. Note that opinion testimony (i.e. property value, traffic impact, etc.) from
a lay witness shall not be considered competent evidence.
50

3. All findings and conclusions necessary to the issuance or denial of the requested permit
(crucial findings) shall be based upon reliable evidence. Competent evidence (evidence
admissible in a court of law) shall be presented whenever reasonably available.
4. The Board chair must rule at the evidentiary hearing on objections to inclusion or
exclusion of administrative material; such ruling may be appealed to the full board.
F. Each quasi-judicial decision shall be reduced to writing and reflect the board's findings of
facts and their application to the applicable standards.
G. The written decision shall be signed by the chair or other duly authorized member of the
board. Any conditions tied to Special Use Permits must be consented to in writing by the
applicant and/or property owner.
H. A quasi-judicial decision is effective upon filing the written decision with the clerk to the
Board. The decision of the Board shall be delivered by personal delivery, electronic mail, or by
first-class mail to the applicant, property owner, and to any person who has submitted a written
request for a copy, prior to the date the decision becomes effective. The clerk to the board of
commissioners or board of adjustment, as appropriate, shall certify that proper notice has been
made.
Every quasi-judicial decision shall be subject to review by the superior court by
proceedings in the nature of certiorari pursuant to G.S. 160D-406 and 160D-1402. A petition for
review shall be filed with the clerk of superior court by the later of 30 days after the decision is
effective or after a written copy thereof is given in accordance with subsection G. of this section.
When first-class mail is used to deliver notice, three days shall be added to the time to file the
petition.
4.2 Appeals
The Board of Adjustment shall hear and decide appeals from decisions of the Administrative
Officer charged with enforcement of the zoning ordinance and may hear appeals arising out of
any other ordinance that regulates land use or development, pursuant to all of the following:
A. Any person who has standing under G.S. 160D-1402 may appeal a decision to the board
of adjustment. An appeal is taken by filing a notice of appeal with the town clerk. The
notice of appeal shall state the grounds for the appeal.
B. The Administrative Officer shall give written notice to the owner of the property that is the
subject of the decision and to the party who sought the decision, if different from the
owner. The written notice shall be delivered by personal delivery, electronic mail, or by
first-class mail.
C. The owner or other party shall have 30 days from receipt of the written notice within which
to file an appeal. Any other person with standing to appeal shall have 30 days from receipt
51

from any source of actual or constructive notice of the decision within which to file an
appeal. If notice is sent by mail, it may be presumed that the notice was received on the
third business day after it was sent.
D. It shall be conclusively presumed that all persons with standing to appeal have
constructive notice of the decision from the date a sign containing the words "Notice of
Public Hearing" in letters at least six inches high and identifying the means to contact an
official for information about the decision is prominently posted on the property that is the
subject of the decision, provided the sign remains on the property for at least 10 days.
Posting of signs is not the only form of constructive notice. Any such posting shall be the
responsibility of the landowner or applicant. Verification of the posting shall be provided
to the official who made the decision.
E. The Administrative Officer shall transmit to the board all documents and exhibits
constituting the record upon which the action appealed from is taken. The official shall
also provide a copy of the record to the appellant and to the owner of the property that is
the subject of the appeal if the appellant is not the owner.
F. An appeal of a notice of violation or other enforcement order stays enforcement of the
action appealed from unless the official who made the decision certifies to the board of
adjustment after notice of appeal has been filed that because of the facts stated in an
affidavit, a stay would cause imminent peril to life or property or because the violation is
transitory in nature, a stay would seriously interfere with enforcement of the ordinance. In
that case, enforcement proceedings shall not be stayed except by a restraining order,
which may be granted by a court. If enforcement proceedings are not stayed, the
appellant may file with the official a request for an expedited hearing of the appeal, and
the board of adjustment shall meet to hear the appeal within 15 days after such a request
is filed. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise
affirming that a proposed use of property is consistent with the ordinance shall not stay
the further review of an application for permits or permissions to use such property; in
these situations, the appellant may request and the board may grant a stay of a final
decision of permit applications or building permits affected by the issue being appealed.
G. Subject to the provisions of Subsection F. of this Section, the board of adjustment shall
hear and decide the appeal within a reasonable time.
H. The official who made the decision shall be present at the hearing as a witness. The
appellant shall not be limited at the hearing to matters stated in the notice of appeal. If
any party or the town would be unduly prejudiced by the presentation of matters not
presented in the notice of appeal, the board shall continue the hearing. The board of
adjustment may reverse or affirm, wholly or partly, or may modify the decision appealed
from and shall make any order, requirement, decision, or determination that ought to be
made. The board shall have all the powers of the official who made the decision.
52

I. The parties to an appeal that has been made under this subsection may agree to
mediation or other forms of alternative dispute resolution at any time prior to, during or
after the hearing.
4.3 Variances
A. The Board of Adjustment shall hear and decide requests for variances.
B. An application for a variance shall be submitted to the Zoning Board of Adjustment by
filing a copy of the application with the Administrative Officer. Applications shall be handled in
the same manner as applications for Special Use Permits in conformity with the provisions of
Sections 3.1.3 (Who May Submit Applications), 3.1.4 (Applications to be Complete), and 3.3.13
(Authorizing Use or Occupancy Before Completion of Development Under Special Use Permits).
C. When unnecessary hardships would result from carrying out the strict letter of the
ordinance, the board of adjustment shall vary any of the provisions of the ordinance upon a
showing of all of the following:
1. Unnecessary hardship would result from the strict application of the ordinance. It shall not
be necessary to demonstrate that, in the absence of the variance, no reasonable use can be
made of the property.
2. The hardship results from conditions that are peculiar to the property, such as location,
size, or topography. Hardships resulting from personal circumstances, as well as hardships
resulting from conditions that are common to the neighborhood or the general public, may not
be the basis for granting a variance.
3. The hardship did not result from actions taken by the applicant or the property owner. The
act of purchasing property with knowledge that circumstances exist that may justify the granting
of a variance shall not be regarded as a self-created hardship.
4. The requested variance is consistent with the spirit, purpose, and intent of the ordinance,
such that public safety is secured, and substantial justice is achieved.
D. In granting variances, the Zoning Board of Adjustment may impose such reasonable
conditions as will ensure that the use of the property to which the variance applies will be as
compatible as practicable with the surrounding properties. Such conditions must be reasonably
related to the condition or circumstance that gives rise to the need for a variance.
E. A variance may be issued for an indefinite duration or for a specified duration only.
F. The nature of the variance and any conditions attached to it shall be entered on the face
of the Zoning Compliance Permit, or the Zoning Compliance Permit may simply note the
issuance of the variance and refer to the written record of the variance for further information.
53

All such conditions are enforceable in the same manner as any other applicable requirement of
this Ordinance.
G. No change in permitted uses may be authorized by variance.
4.4 Requests to be Heard Expeditiously
The Zoning Board of Adjustment shall hear and decide all appeals, variance requests, and
requests for interpretations as expeditiously as possible, consistent with the need to follow
regular established agenda procedures, provide notice in accordance with Section 4.6 (Notice
of Hearing), and obtain the necessary information to make sound decisions.
4.5 Hearing Required on Appeals and Requests for Variances
Before making a decision on an appeal or a request for a variance, the Zoning Board of
Adjustment shall hold a hearing. The hearing shall conform to the procedures specified in
Section 4.1 (Quasi-Judicial Decisions and Judicial Review).
4.6 Notice of Hearing
A. The Administrative Officer shall give notice of any hearing required by Section 4.5
(Hearing Required on Appeals and Applications) in accordance with Section 2.3.5 (Notice of
Hearing).
B. The notice required by this Section shall state the date, time, and place of the hearing,
reasonably identify the lot that is the subject of the application or appeal, and give a brief
description of the action requested or proposed.
4.7 Burden of Proof in Appeals and Variances
A. When an appeal is taken to the Zoning Board of Adjustment in accordance with Section
4.2 (Appeals), the Administrative Officer shall have the initial burden of presenting to the Board
sufficient evidence and argument to justify the order or decision appealed from. The burden of
presenting evidence and arguments to the contrary then shifts to the appellant, who shall also
have the burden of persuasion.
B. The burden of presenting evidence sufficient to allow the Zoning Board of Adjustment to
reach the conclusions set forth in Section 4.3 (Variances), Subsection B, as well as the burden
of persuasion on those issues, remains with the applicant seeking the variance.
54

4.8 Board Action on Appeals and Variances
A. Appeals. With respect to appeals, a motion to reverse, affirm, or modify the order,
requirements, decision, or determination appealed from shall include a statement of the specific
reasons or findings of facts that support the motion. If a motion to reverse or modify is not made
or fails to receive a majority vote necessary for adoption, then a motion to uphold the decision
appealed from shall be in order.
B. Variances.
1 . The Board may approve a variance by a four-fifths (4/5) majority vote only. Before
granting a variance, the Board must take a separate vote and vote affirmatively by four-fifths
(4/5) majority on each of the four (4) required findings stated in Section 4.3 (Variances),
Subsection B. Insofar as practicable, a motion to make an affirmative finding on each of the
requirements set forth in Section 4.3 (Variances), Subsection B, shall include a statement of the
specific reasons or findings of fact supporting such motion.
2. A motion to deny a variance may be made on the basis that any one (1) or more of the
four (4) criteria set forth in Section 4.3 (Variances), Subsection B, are not satisfied or that the
application is incomplete. Such a motion shall include a statement of the specific reasons or
findings of fact that support it.
3. For the purposes of this Section, vacant positions on the Board and members who are
disqualified from voting due to a conflict of interest shall not be considered "members of the
Board" if there are no qualified alternates available to take the place of such members.
4.9 Modification of Application at Hearing
A. In response to questions or comments by persons appearing at the hearing, or to
suggestions or recommendations by the Zoning Board of Adjustment, the applicant may agree
to modify his/her application, including the plans and specifications submitted.
B. Unless such modifications are so substantial or extensive that the hearing board cannot
reasonably be expected to perceive the nature and impact of the proposed changes without
revised plans before it, the Zoning Board of Adjustment may approve the application with the
stipulation that the permit will not be issued until plans reflecting the agreed upon changes are
submitted to the Administrative Officer.
4.10 Record
A. A tape recording shall be made of all hearings required by Section 4.5 (Hearing Required
on Appeals and Request for Variances), and such recordings shall be kept for at least two (2)
years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be
made.
55

B. All documentary evidence presented at a hearing as well as all other types of physical
evidence, shall be made a part of the record of the proceedings and shall be kept by the Town
in accordance with the Municipal Records Retention and Disposition Schedule as maintained by
the North Carolina Department of Cultural Resources, Division of Archives and Records.
4.11 Judicial Review
Judicial review for all hearings for appeals and variances shall conform to Section 4.1 (Quasi-
Judicial Decisions and Judicial Review).
56

Article 5, ENFORCEMENT
5.1 Violations
It is unlawful and a violation of this Ordinance to establish, create, expand, occupy, or
maintain any use, land development activity, or structure, including, but not limited to,
signs and buildings, that violates or is inconsistent with any provision of this Ordinance or
any order, approval, or authorization issued pursuant to this Ordinance. Approvals and
authorizations include, but are not limited to, Special Use Permits, Sign Permits, Building
Permits, Zoning Compliance Permits, Certificates of Occupancy,Variances, development
plans, site plans, landscape plans, and conditions of such permits, variances, and plans.
It is also a violation to engage in any construction, land development activity, or use,
without all approvals and authorizations required by this Ordinance.
5.2 Violators
A. Violators include, but are not limited to, any person(s)who owns, leases, occupies,
manages, or builds any structure or land development activity in violation of this
Ordinance, and any person(s) who owns, leases, or occupies a use in violation of
this Ordinance. A violation may be charged against more than one (1) violator.
For the purpose of this Article, the term "person" is defined to include, but not be
limited to, any individual, group of individuals, or any corporation, partnership,
association, company, or business, trust, joint venture, or other legal entity.
B. In addition, one (1) or more of the following persons may be held responsible for a
violation of this Ordinance, and be subject to the remedies and penalties provided
in this Article:
1. An owner of the property on which the violation of this Ordinance occurs;
2. Any tenant or occupant of the property who has control over, or
responsibility for, its use or development, or
3. Any other person who participates in, assists, directs, creates, or
maintains a situation that constitutes a violation of this Ordinance.
5.3 Responsibility
The Administrative Officer shall enforce this Ordinance and the remedies authorized
under this Article or as directed by the Town Board of Commissioners.
57

5.4 Complaints
When the Administrative Officer receives a complaint alleging a violation of this
Ordinance, he/she shall investigate the complaint within fifteen (15) working days of the
filing of such complaint, take whatever action is warranted, and inform the complainant in
writing what actions have been or will be taken.
5.5 Enforcement Procedures
5.5.1 Inspections and Investigations
A program of inspection and investigations to determine compliance with this Ordinance
and orders, plans, permits, certificates, and authorizations issued under this Ordinance,
is hereby authorized.
5.5.2 Initial Notice of Violation
A. On determining that a violation exists, the Administrative Officer may, whenever
possible, make contact with the violator either in person or via telephone to discuss
the violation. The Administrative Officer shall then give the responsible person(s),
including the applicant and the property owner if different, written notice of the
violation, either in person, by regular mail, or electronic delivery (email), or by
certified or registered mail, return receipt requested. When service is made by
certified mail, a copy of the notice may also be sent by regular mail. Service shall
be deemed sufficient if the notice by certified mail is unclaimed or refused, but the
notice by regular mail is not returned by the post office within ten (10) days after
the mailing, provided that a notice of violation is posted in a conspicuous place on
the premises affected. The Administrative Officer must certify the manner of
delivery for the file.
b) The notice shall describe the nature of the violation and its location, state
the actions necessary to correct the violation, and invite the alleged violator
to meet with the Administrative Officer to discuss the violation and how it
may be corrected. The Administrative Officer may provide the alleged
violator additional notices of violation.
C. If inspections are made on the property, the Administrative Officer(s) shall enter
the premises during reasonable hours and upon presenting credentials. Inspection
of areas not open to the public can only be made with consent of the property
owner or with an administrative search warrant.
58

D. This notice is an administrative determination subject to appeal as provided in
Article 4 (Appeals, Variances, and Interpretations) of this Ordinance.
E. Each day that a violation continues shall be a separate and distinct offense.
F. Revocation of a development permit shall follow the same process as was used
for the approval.
5.5.3 Final Notice of Violation; Corrective Order
A. The Administrative Officer's final written notice of violation (which may be the initial
notice) shall also order correction of the violation, specify a reasonable time period
in which the violation must be corrected, state the remedies and penalties
authorized by this Article the Administrative Officer may pursue if the violation is
not corrected within the specified time limit, and state that the correction order may
be appealed to the Zoning Board of Adjustment if the correction order is the initial
notice. The final written notice of violation shall be served upon the responsible
person(s) either in person, by regular mail, or by certified or registered mail, return
receipt requested, or by electronic delivery (email). When service is made by
certified mail, a copy of the notice may also be sent by regular mail. Service shall
be deemed sufficient if the notice by certified mail is unclaimed or refused, but the
notice by regular mail is not returned by the post office within ten (10) days after
mailing, provided that a final notice of violation is posted in a conspicuous place
on the premises affected.
B. A notice of new violation is not required where a notice of a violation of the same
kind has been issued to the same violator at the same property within the previous
two (2) years. In such cases, the violator may be charged with a continuing
violation without further notice, as provided in Section 5.7.4 (Continuing
Violations). A notice is also not required where action is taken under Sections
5.6.1 (Permit Revocation), 5.6.2 (Permit Denial or Conditioning), and 5.6.5 (Stop
Work Order).
5.5.4 Appeal to Zoning Board of Adjustment
Any person aggrieved by the Administrative Officer's determination of a violation or a
correction order may appeal that determination or order to the Zoning Board of
Adjustment in accord with the provisions of Article 4 (Quasi-Judicial Procedure, Appeals
and Variances) of this Ordinance, including payment of the appropriate fee. If there is no
appeal, the Administrative Officer's determination of the nature and degree of the violation
are final.
59

5.5.5 Failure to Comply with Notice
If the violator does not comply with a notice of violation, correction order, or Stop Work
Order, that has not been appealed, or with a final decision of the Zoning Board of
Adjustment, the violator shall be subject to enforcement action as prescribed by State law
or by this Ordinance.
5.5.6 Extension of Time Limit to Correct Violation
The recipient of an initial notice of violation, correction order, or Stop Work Order, or the
owner of the property on which the violation occurs, may, within thirty (30) days of the
receipt or posting of the initial notice of violation or correction order, whichever is earlier,
submit to the Administrative Officer, a written request for extension of the specified time
limit for correction of the violation. On determining that the request includes enough
information to show that the violation cannot be corrected within the specified time limit,
for reasons beyond the control of the person requesting the extension, the Administrative
Officer may extend the time limit as reasonably necessary to allow timely correction of
the violation. In cases where an appeal of the notice of violation has been properly filed
with the Zoning Board of Adjustment, the thirty (30) day time period, if granted by the
Administrative Officer, shall commence upon receipt of the notice of Zoning Board of
Adjustment decision concerning the violation or correction order.
5.5.7 Enforcement Action After Time Limit to Correct Violation
Following the time limit for correction of the violation, including any stay or extension
thereof, the Administrative Officer shall determine whether the violation has been
corrected. If the violation has been corrected, the Administrative Officer shall take no
further action against the alleged violator. If the violation has not been corrected, the
Administrative Officer may act to enforce the requirements of this Ordinance as provided
in this Article.
5.5.8 Emergency Enforcement Without Notice
If delay in correcting a violation would seriously threaten the effective enforcement of this
Ordinance or pose a danger to the public health, safety, or welfare, the Administrative
Officer may seek immediate enforcement without prior written notice through any of the
remedies or penalties authorized in this Article.
5.6 Remedies; Penalties; Enforcement Action
60

The Administrative Officer may pursue one (1) or more of the following remedies and
penalties described below or in Section 5.7 (Civil Penalty), or otherwise authorized by
common law or statute, to prevent, correct, or abate a violation of this Ordinance. Use of
one (1) of the authorized remedies and penalties does not preclude the Administrative
Officer from using any other authorized remedies or penalties, nor does it relieve any
party to the imposition of one (1) remedy or penalty from imposition of any other
authorized remedies or penalties.
5.6.1 Permit Revocation
A. A Zoning Compliance Permit, Site plan approval, or Sign Permit may be revoked
by the Administrative Officer if the permit recipient fails to develop or maintain the
property in accordance with plans submitted, the requirements of this Ordinance,
or any additional requirements lawfully imposed by the Administrative Officer.
B. Before a Zoning Compliance, Site Plan approval, or Sign Permit may be revoked,
the Administrative Officer shall give the permit recipient ten (10) days notice of
intent to revoke the permit and shall inform the recipient of the alleged reasons for
the revocation and of his/her right to obtain an informal hearing on the allegations.
If the permit is revoked, the Administrative Officer shall provide to the permittee a
written statement of the decision and the reasons therefore.
C. Special Use Permits may be revoked under the following procedure:
1 . In any case where the conditions of a Special Use Permit have not been or
are not being complied with, or the property owner fails to develop or
maintain the property in accordance with the plans submitted or any other
requirements of this Ordinance, the Administrative Officer shall give the
permit recipient written notice by mail of the intention to revoke such permit.
The notice shall be mailed no later than ten (10) days prior to a public
hearing, held in the same manner as that required for issuance of the initial
permit, on the matter. The notice shall inform the permit recipient of the
alleged grounds for the revocation.
2. The burden of presenting sufficient evidence to authorize the Town Board
of Commissioners to conclude that a permit should be revoked shall be
upon the party advocating that position.
3. After conclusions of the review, the Town Board of Commissioners may
revoke such permit. A motion to revoke a permit shall include, insofar as
practicable, a statement of the specific reasons or findings of fact that
support the motion.
61

D. No person may continue to make use of land or buildings in the manner authorized
by any Zoning Compliance, Sign, or Special Use Permit or Site Plan approval after
such permit has been revoked in accordance with this Section.
5.6.2 Permit Denial or Conditioning
As long as a violation of this Ordinance remains uncorrected, the Administrative Officer
may deny or withhold approval of any permit, certificate, or other authorization provided
for in this Ordinance that is sought for the property on which the violation occurs. The
Administrative Officer may also condition a permit, certificate, or authorization on the
correction of the violation and/or payment of a civil penalty, and/or posting of a compliance
security.
5.6.3 Injunctive and Abatement Relief in Superior Court
This Ordinance may also be enforced by any appropriate equitable action, including but
not limited to injunction and orders of abatement issued by the Moore County District or
Superior Court.
5.6.4 Judicial Action to Collect Civil Penalty
A civil action in the nature of a debt may be filed in the Moore County District or Superior
Court to collect an unpaid civil penalty imposed under Section 5.7 (Civil Penalty).
5.6.5 Stop Work Order
A. If a building or structure is erected, constructed, reconstructed, altered, repaired,
converted, moved or maintained, or any building, structure, or land is used in
violation of this or any other applicable ordinance, the Administrative Officer may
issue a Stop Work Order to prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, moving, maintenance or use, to
restrain, correct or abate the violation, to prevent occupancy of the building,
structure, or lands, or to prevent any illegal act, conduct, business or use in or
about the premises.
B. Notice of a Stop Work Order shall be in writing, directed to the person(s)
conducting the violating activity and/or the property owner, and shall state the
reasons for the issuance of the Order, and the conditions under which activity may
be resumed. Notice shall be given by personal delivery, electronic delivery, or first-
class mail. The person or persons delivering the stop work order shall certify to
the local government that the order was delivered and that certificate shall be
deemed conclusive in the absence of fraud. Upon issuance of such Order, and
62

posting of same on the site of the violation, all work on the site of the violation shall
cease, except those activities necessary to bring the site into compliance with this
Ordinance.
C. The person(s) conducting the violating activity, and/or the property owner, may
appeal the Stop Work Order to the Zoning Board of Adjustment pursuant to Article
4 (Appeals, Variances, and Interpretations), Section 4.1 (Appeals) in accordance
with 160D-405 (Appeals of administrative decisions)
5.7 Civil Penalty
The Administrative Officer may impose one (1) or more civil penalties and issue one (1)
or more Civil Penalty Citations for a violation as provided by law or ordinance. Each day
a violation continues shall constitute a separate violation. If the violator does not pay the
penalty, the Administrative Officer may collect it in a court through a civil action in the
nature of a debt.
5.7.1 Notice of Civil Penalty Citation
The Administrative Officer shall give the responsible person(s) written notice of the civil
penalty citation, either in person, by regular mail, or by certified or registered mail, return
receipt requested. When service is made by certified mail, a copy of the notice may also
be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail
is returned or refused, but the notice by regular mail is not returned by the post office
within ten (10) days after mailing, provided that a notice of civil penalty citation is posted
in a conspicuous place on the premises affected. The notice shall include a copy of the
notice of violation, the amount of the penalty, information about where to pay the penalty,
the deadline for payment, which shall be ten (10) days from the date of the notice, and
the possibility of civil enforcement.
5.7.2 Amount of Civil Penalty
The Administrative Officer may impose a penalty of five hundred dollars ($500.00) per
day of violation.
5.7.3 Settlement of Claims
The Town Board of Commissioners shall determine the amount of payment that will be
accepted in full and final settlement of some or all of the claims the governing body may
have in connection with the violation. The Town Board of Commissioners shall indicate,
in writing, the claims from which the violator is released. If the violation has not been
remedied, payment shall not release a violator from a claim for injunctive relief and/or an
order of abatement.
63

5.7.4 Continuing Violations
A. The Administrative Officer may issue a Civil Penalty Citation for a violation that
continues without being corrected. The violator in such cases may be assessed a
penalty for each day of the continuing violation. An initial Civil Penalty Citation for
a single violation must be issued before a Civil Penalty Citation for a continuing
violation is issued. If the violator has failed to pay the penalty and correct the
violation after the initial Civil Penalty Citation, the violator is subject to a Civil
Penalty Citation for a continuing violation with a daily penalty. An initial Civil
Penalty Citation is not required if the Town has previously issued a Civil Penalty
Citation to the violator for the same violation at the same location within the
previous two (2) years.
B. The Administrative Officer may give a single notice of Civil Penalty Citation for a
continuing violation. The notice must contain a copy of the notice of violation and
must state that the violation is continuing, that a daily penalty of a specified amount
is being imposed, and that the penalty is cumulative.
64

Article 6, NONCONFORMING SITUATIONS
6.1 Continuation of Nonconforming Situations and Completion of
Nonconforming Projects
A. Unless otherwise specifically provided in this Ordinance, and subject to the
restrictions and qualifications set forth in Sections 6.2 (Nonconforming Lots)
through 6.7 (Completion of Nonconforming Projects), nonconforming situations
that were otherwise lawful on the effective date of this Ordinance may be
continued.
B. Nonconforming projects may be completed only in accordance with the provisions
of Section 6.7 (Completion of Nonconforming Projects).
6.2 Nonconforming Lots
A. When a nonconforming lot can be used in conformity with all of the regulations
applicable to the intended use, except that the lot is smaller than the required
minimums set forth in Article 10 (Density and Dimensional Regulations), then the
lot may be used as proposed just as if it were conforming. However, no use (e.g.,
a two-family residence) that requires a greater lot size than the established
minimum lot size for a particular zone is permissible on a nonconforming lot.
B. When the use proposed for a nonconforming lot is one that is conforming in all
other respects, but the applicable setback requirements cannot reasonably be
complied with, then the permit issuing authority is authorized by this Ordinance to
issue a permit for the proposed use may allow deviations of up to twenty percent
(20%) of the applicable setback requirements if it finds that:
1 . The property cannot reasonably be developed for the use proposed
without such deviations.
2. These deviations are necessitated by the size or shape of the
nonconforming lot, and
3. The property can be developed as proposed without any significantly
adverse impact on surrounding properties or the public health or safety.
C. Mere financial hardship does not constitute grounds for finding that compliance is
not reasonably possible.
65

D. This Section applies only to undeveloped nonconforming lots. A lot is undeveloped
if it has no structures upon it. A change in use of a developed nonconforming lot
may be accomplished in accordance with Section 6.5 (Change in Use of Property
Where a Nonconforming Situation Exists).
E. Subject to the following sentence, if, on the date this Section becomes effective,
an undeveloped nonconforming lot adjoins and has continuous frontage with one
(1) or more other undeveloped lots under the same ownership, then neither the
owner of the nonconforming lot nor his/her successors in interest may take
advantage of the provisions of this Subsection. This Subsection shall not apply to
a nonconforming lot if a majority of the developed lots located on either side of the
street where such lot is located and within five hundred (500) feet of such lot are
also nonconforming. The intent of this Subsection is to require nonconforming lots
to be combined with other undeveloped lots to create conforming lots under the
circumstances specified herein, but not to require such combination when that
would be out of character with the way the neighborhood has previously been
developed.
6.3 Extension or Enlargement of Nonconforming Situations
A. Except as specifically provided in this Section, no person may engage in any
activity that causes an increase in the extent of nonconformity of a nonconforming
situation. In particular, physical alteration of structures or the placement of new
structures on open land is unlawful if such activity results in:
1 . An increase in the total amount of space devoted to a nonconforming use,
or
2. Greater nonconformity with respect to dimensional restrictions such as
setback requirements, height limitations, or density requirements, or other
requirements such as parking requirements.
B. Subject to Subsection D, a nonconforming use may be extended throughout any
portion of a completed building that, when the use was made nonconforming by
this Ordinance, was manifestly designed or arranged to accommodate such use.
However, subject to Section 6.7 (Completion of Nonconforming Projects), a
nonconforming use may not be extended to additional buildings or to land outside
the original building.
C. Subject to Section 6.7 (Completion of Nonconforming Projects), a nonconforming
use of open land may not be extended to cover more land than was occupied by
that use when it became nonconforming, except that a use that involves the
removal of natural material from the lot (e.g., a sand pit) may be expanded to the
boundaries of the lot where the use was established at the time it became
66

nonconforming if ten percent(10%)or more of the earth products had already been
removed on the effective date of this Ordinance.
D. The volume, intensity, or frequency of use of property where a nonconforming
situation exists may be increased, and the equipment or processes used at a
location where a nonconforming situation exists may be changed, if these or similar
changes amount only to changes in the degree of activity rather than changes in
kind, and no violations of other Subsections of this Section occur.
E. Notwithstanding Subsection A, any structure used for single-family residential
purposes and maintained as a nonconforming use may be enlarged or replaced
with a similar structure of a larger size, so long as the enlargement or replacement
does not create new nonconformities or increase the extent of existing
nonconformities with respect to such matters as setback and parking requirements
(e.g., a single-wide manufactured home may be replaced with a double-wide
manufactured home). This Subsection is subject to the limitations stated in Section
6.6 (Abandonment and Discontinuance of Nonconforming Situations).
F. Notwithstanding Subsection A, whenever:
1. There exists a lot with one (1) or more structures on it, and
2. A change in use that does not involve any enlargement of a structure is
proposed for such lot, and
3. the parking or loading requirements of Article 15 (Parking and Loading) that
would be applicable as a result of the proposed change cannot be satisfied on
such lot because there is not sufficient area available on the lot that can
practicably be used for parking or loading, then the proposed use shall not be
regarded as resulting in an impermissible extension or enlargement of a
nonconforming situation. However, the applicant shall be required to comply
with all applicable parking and loading requirements that can be satisfied
without acquiring additional land, and shall also be required to obtain satellite
parking in accordance with Article 15 (Parking and Loading) if:
a. parking requirements cannot be satisfied on the lot with respect to which
the permit is required, and
b. such satellite parking is reasonably available.
If such satellite parking is not reasonably available at the time the Zoning
Compliance or Special Use Permit is granted, then the permit recipient shall be
required to obtain it if and when it does become reasonably available. This
requirement shall be a continuing condition of the permit.
67

6.4 Repair, Maintenance and Reconstruction
A. Minor repairs to and routine maintenance of property where nonconforming
situations exist are permitted and encouraged. Major renovation (i.e., work
estimated to cost more than twenty-five percent (25%) of the appraised valuation
of the structure to be renovated) may be done only in accordance with a Zoning
Compliance Permit issued pursuant to this Ordinance.
B. If a structure located on a lot where a nonconforming situation exists is damaged
to an extent that the costs of repair or replacement would exceed twenty-five
percent (25%) of the appraised value of the damaged structure, then the damaged
structure may be repaired or replaced only in accordance with a Zoning
Compliance Permit issued pursuant to this Ordinance. This Subsection does not
apply to structures used for single-family residential purposes, which structures
may be reconstructed pursuant to a Zoning Compliance Permit just as they may
be enlarged or replaced as provided in Section 6.3 (Extension or Enlargement of
Nonconforming Situations), Subsection E.
C. For purposes of Subsections A and B:
1 . The "cost" of renovation, or repair, or replacement shall mean the fair
market value of the materials and services necessary to accomplish such
renovation, repair, or replacement;
2. The "cost" of renovation, or repair, or replacement shall mean the total cost
of all such intended work, and no person may seek to avoid the intent of
Subsections A or B by doing such work incrementally;
3. The "appraised valuation" shall mean either the appraised valuation for
property tax purposes, updated as necessary by the increase in the
consumer price index since the date of the last valuation, or the valuation
as determined by a professionally recognized property appraiser.
D. The Administrative Officer shall issue a permit authorized by this Section if he/she
finds that, in completing the renovation, repair, or replacement work:
1 . No violation of Section 6.3 (Extension or Enlargement of Nonconforming
Situations) will occur, and
2. The permittee will comply to the extent reasonably possible with all
provisions of this Ordinance applicable to the existing use (except that the
permittee shall not lose his/her right to continue a nonconforming use).
E. Compliance with a requirement of this Ordinance is not reasonably possible if
compliance cannot be achieved without adding additional land to the lot where the
nonconforming situation is maintained, or moving a structure that is on a
68

permanent foundation. Mere financial hardship caused by the cost of meeting
such requirements as paved parking does not constitute grounds for finding that
compliance is not reasonably possible.
6.5 Change in Use of Property Where a Nonconforming Situation Exists
A. A change in use of property (where a nonconforming situation exists) that would
require a new Zoning Compliance or Special Use Permit may not be made except
in accordance with Subsections B through D. However, this requirement shall not
apply if only a Sign Permit is needed.
B. If the intended change in use is to a principal use that is permissible in the district
where the property is located, and all of the other requirements of this Ordinance
applicable to that use can be complied with, permission to make the change must
be obtained in the same manner as permission to make the initial use of a vacant
lot. Once conformity with this Ordinance is achieved, the property may not revert
to its nonconforming status.
C. If the intended change in use is to a principal use that is permissible in the district
where the property is located, but all of the requirements of this Ordinance
applicable to that use cannot reasonably be complied with, then the change is
permissible if the entity authorized by this Ordinance to issue a permit for that
particular use (Administrative Officer, Zoning Board of Adjustment, or Town Board
of Commissioners) issues a permit authorizing the change. This permit may be
issued if the permit issuing authority finds, in addition to any other findings that
may be required by this Ordinance, that:
1 . The intended change will not result in a violation of Section 6.3 (Extension
or Enlargement of Nonconforming Situations), and
2. All of the applicable requirements of this Ordinance that can reasonably
be complied with will be complied with. Compliance with a requirement of this
Ordinance is not reasonably possible if compliance cannot be achieved without
adding additional land to the lot where the nonconforming situation is maintained
or moving a structure that is on a permanent foundation. Mere financial hardship
caused by the cost of meeting such requirements as paved parking does not
constitute grounds for finding that compliance is not reasonably possible. And in
no case may an applicant be given permission pursuant to this Subsection to
construct a building, or to add to an existing building, if additional nonconformities
would thereby be created.
D. If the intended change in use is to another principal use that is also nonconforming,
then the change is permissible if the entity authorized by this Ordinance to issue a
permit for that particular use (Administrative Officer, Zoning Board of Adjustment,
or Town Board of Commissioners) issues a permit authorizing the change. The
69

permit issuing authority may issue the permit if it finds, in addition to other findings
that may be required by this Ordinance, that:
1. The use requested is one that is permissible in some zoning district with
either a Zoning Compliance or Special Use Permit, and
2. All of the conditions applicable to the permit authorized in Subsection C of
this Section are satisfied, and
3. The proposed development will have less of an adverse impact on those
most affected by it and will be more compatible with the surrounding
neighborhood than the use in operation at the time the permit is applied for.
6.6 Abandonment and Discontinuance of Nonconforming Situations
A. When a nonconforming use is discontinued for a consecutive period of one
hundred-eighty (180) days, the property involved may thereafter be used only for
conforming purposes.
B. If the principal activity on property where a nonconforming situation other than a
nonconforming use exists is discontinued fora consecutive period of one hundred-
eighty (180) days, then that property may thereafter be used only in conformity
with all of the regulations applicable to the preexisting use unless the entity with
authority to issue a permit for the intended use issues a permit to allow the property
to be used for this purpose without correcting the nonconforming situations. This
permit may be issued if the permit issuing authority finds that eliminating a
particular nonconformity is not reasonably possible (i.e., cannot be accomplished
without adding additional land to the lot where the nonconforming situation is
maintained or moving a structure that is on a permanent foundation). The permit
shall specify which nonconformities need not be corrected.
C. For purposes of determining whether a right to continue a nonconforming situation
is lost pursuant to this Section, all of the buildings, activities, and operations
maintained on a lot are generally to be considered as a whole. For example, the
failure to rent one (1) apartment in a nonconforming apartment building, or one (1)
space in a nonconforming manufactured home park, for one hundred-eighty (180)
days shall not result in a loss of the right to rent that apartment or space thereafter
so long as the apartment building or manufactured home park as a whole is
continuously maintained. But, if a nonconforming use is maintained in conjunction
with a conforming use, discontinuance of a nonconforming use for the required
period shall terminate the right to maintain it thereafter. And so, if a manufactured
home is used as a nonconforming use on a residential lot where a conforming
residential structure also is located, removal of that manufactured home for one
hundred-eighty (180) days determines the right to replace it.
70

D. When a structure or operation made nonconforming by this Ordinance is vacant or
discontinued at the effective date of this Ordinance, the one hundred-eighty (180)
day period for purposes of this Section begins to run on the effective date of this
Ordinance.
6.7 Termination of Nonconforming Situations
The following types of nonconforming uses shall be altered to comply with the provisions of this
Ordinance or removed and/or discontinued within two (2) years after the effective date of this
Ordinance:
1. Automobile repair shops, body shops, and towing/wrecker services as to screening and
inoperable vehicle storage;
2. Storage outside completely enclosed structures as to screening standards;
3. Scrap materials salvage yards, junkyards, and automobile graveyards as to screening
standards; and
4. Nonconforming signs as provided in Section 6.9.1 (Amortization of Non-conforming
Signs).
6.8 Completion of Nonconforming Projects
A. All nonconforming projects on which construction was begun at least one hundred-
eighty (180) days before the effective date of this Ordinance, as well as all
nonconforming projects that are at least ten percent (10%) completed in terms of
the total expected cost of the project on the effective date of this Ordinance, may
be completed in accordance with the terms of their permits, so long as their permits
were validly issued and remain un-revoked and un-expired. If a development is
designed to be completed in stages, this Section shall apply only to the particular
phase under construction.
B. Except as provided in Subsection A, all work on any nonconforming project shall
cease on the effective date of this Ordinance, and all permits previously issued for
work on nonconforming projects may begin or may be continued only pursuant to
a Zoning Compliance, Special Use, or Sign Permit issued in accordance with this
Ordinance by the individual or board authorized by this Ordinance to issue permits
for the type of development proposed. The permit issuing authority shall issue
such a permit if it finds that the applicant has, in good faith, made substantial
expenditures, or incurred substantial binding obligations, or otherwise changed
his/her position in some substantial way in reasonable reliance on the land use law
as it existed before the date of this Ordinance, and project as proposed. In
considering whether these findings may be made, the permit issuing authority shall
be guided by the following, as well as other relevant considerations:
71

1 . All expenditures made to obtain or pursuant to a validly issued and un-
revoked Building, Zoning Compliance, Sign, or Special Use Permit shall be
considered as evidence of reasonable reliance on the land use law that
existed before this Ordinance became effective;
2. Except as provided in Subsection B, (1), no expenditures made more than
one hundred-eighty (180) days before the effective date of this Ordinance
may be considered as evidence of reasonable reliance on the land use law
that existed before this Ordinance became effective. An expenditure is
made at the time a party incurs a binding obligation to make that
expenditure;
3. To the extent that expenditures are recoverable with a reasonable effort, a
party shall not be considered prejudiced by having made those
expenditures. For example, a party shall not be considered prejudiced by
having made some expenditure to acquire a potential development site if
the property obtained is approximately as valuable under the new
classification as it was under the old, for the expenditure can be recovered
by a resale of the property;
4. To the extent that a nonconforming project can be made conforming, and
that expenditures made or obligations incurred can be effectively utilized in
the completion of a conforming project, a party shall not be considered
prejudiced by having made such expenditures;
5. An expenditure shall be considered substantial if it is significant both in
dollar amount and in terms of
a. the total estimated cost of the proposed project, and
b. the ordinary business practices of the developer;
6. A person shall be considered to have acted in good faith if actual knowledge
of a proposed change in land use law affecting the proposed development
site could not be attributed to him/her;
7. Even though a person had actual knowledge of a proposed change in the
land use law affecting a development site, the permit issuing authority may
still find that he/she acted in good faith if he/she did not proceed with his/her
plans in a deliberate attempt to circumvent the effects of the proposed
Ordinance. The permit issuing authority may find that the developer did not
proceed in an attempt to undermine the proposed Ordinance if it determines
that
72

a. at the time the expenditures were made, either there was
considerable doubt about whether any Ordinance would ultimately
be passed, or it was not clear that the proposed Ordinance would
prohibit the intended development, and
b. the developer had legitimate business reasons for making
expenditures.
C. When it appears from the developer's plans or otherwise that a project was
intended to be or reasonably could be completed in phases, stages, segments, or
other discrete units, the developer shall be allowed to complete only those phases
or segments with respect to which the developer can make the showing under
Subsection B. In addition to the matters and subject to the guidelines set forth in
numbers 1 through 6 of Subsection B, the permit issuing authority shall, in
determining whether a developer would be unreasonably prejudiced if not allowed
to complete phases or segments of a nonconforming project, consider the following
in addition to other relevant factors:
1. Whether any plans prepared or approved regarding uncompleted phases
constitute conceptual plans only or construction drawings based upon
detailed surveying, architectural, or engineering work;
2. Whether any improvements, such as streets or utilities, have been installed
in phases not yet completed;
3. Whether utilities and other facilities installed in completed phases have
been constructed in such a manner or location, or such a scale in
anticipation of connection to or interrelationship with approved but
uncompleted phases, that the investment in such utilities or other facilities
cannot be recouped if such approved but uncompleted phases are
constructed in conformity with existing regulations.
D. The permit issuing authority shall not consider any application for the permit
authorized by Subsection B that is submitted more than sixty (60) days after the
effective date of this Ordinance. The permit issuing authority may waive this
requirement for good cause shown, but in no case may it extend the application
deadline beyond one (1) year.
E. The Administrative Officer shall send copies of this Section to the persons listed
as owners for tax purposes (and developers, if different from the owners) of all
properties in regard to which permits have been issued for nonconforming projects
or in regard to which a nonconforming project is otherwise known to be in some
stage of development. This notice shall be sent by certified mail no less than fifteen
(15) days before the effective date of this Ordinance.
73

F. The permit issuing authority shall establish expedited procedures for hearing
applications for permits under this Section. These applications shall be heard,
whenever possible, before the effective date of this Ordinance, so that construction
work is not needlessly interrupted.
6.9 Nonconforming Signs
A. Subject to the remaining restrictions of this Section, nonconforming signs that were
otherwise lawful on the effective date of this Article may be continued until they are
required to be removed under Section 6.9.1 (Amortization of Nonconforming Signs).
B. No person may engage in any activity that causes an increase in the extent of
nonconformity of a nonconforming sign. Without limiting the generality of the foregoing,
no nonconforming sign may be enlarged or altered in such a manner as to aggravate the
nonconforming condition, nor may illumination be added to any nonconforming sign.
C. A nonconforming sign may not be moved or replaced except to bring the sign into
complete conformity with this Ordinance.
D. If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired,
reconstructed, or replaced except in conformity with all of the provisions of this Ordinance,
and the remnants of the former sign structure shall be cleared from the land and/or
structure or building. For purposes of this Subsection, a nonconforming sign is
"destroyed" if damage to an extent that the cost of repairing the sign to its former stature
or replacing it with an equivalent sign equals or exceeds the value (tax value if listed for
tax purposes) of the sign so damaged.
E. The message of a nonconforming sign may be changed so long as this does not create
any new nonconformity (for example, by creating an off-premises sign under
circumstances where such a sign would not be allowed).
F. Subject to the other provisions of this Section, nonconforming signs may be repaired and
renovated so long as the cost of such work does not exceed, within any twelve (12) month
period, fifty percent (50%) of the value (tax value if listed for tax purposes) of such sign.
G. If a nonconforming sign other than a billboard advertises a business, service, commodity,
accommodation, attraction, or other enterprise or activity that is no longer operating or
being offered or conducted, that sign shall be considered abandoned and shall be
removed within thirty (30) days after such abandonment by the sign owner, owner of the
property where the sign is located, or other party having control over such sign.
H. If a nonconforming billboard remains blank for a continuous period of one hundred-eighty
(180) days, that billboard shall be deemed abandoned and shall, within thirty (30) days
after such abandonment, be altered to comply with this Section or be removed by the sign
owner, owner of the property where the sign is located, or other person having control
over such sign. For purposes of this Subsection, a sign is "blank" if:
74

1 . It advertises a business, service, commodity, accommodation, attraction, or other
enterprise or activity that is no longer operating or being offered or conducted, or
2. The advertising message it displays becomes illegible in whole or part, or
3. The advertising copy paid for by a party other than the sign owner, or promoting an
interest other than the rental of the sign, has been removed.
I. As soon as reasonably possible after the effective date of this Ordinance, the
Administrative Officer shall make every reasonable effort to identify all the nonconforming
signs within the Town's planning jurisdiction. He/she shall then contact the person
responsible for each such sign (as well as the owner of the property where the
nonconforming sign is located, if different from the former) and inform such person
1 . That the sign is nonconforming,
2. How it is nonconforming,
3. What must be done to correct it and by what date, and
4. The consequences of failure to make the necessary corrections.
The Administrative Officer shall keep complete records of all correspondence, communications,
and other actions taken with respect to such nonconforming signs.
6.9.1 Amortization of Nonconforming Signs
A. The provisions of this Section shall not apply to outdoor advertising signs (billboards).
B. Subject to the remaining Subsections of this Section, a nonconforming sign that exceeds
the height, size, or spacing limitations by more than ten percent (10%), or that is nonconforming
in some other way shall, within three (3) years after the effective date of this Ordinance, be
altered to comply with the provisions of this Ordinance or be removed.
C. If the nonconformity consists of too many freestanding signs on a single lot or an excess
of total sign area on a single lot, the person responsible for the violation may determine which
sign or signs need to be altered or removed to bring the development into conformity with the
provisions of this Ordinance.
D. The following types of nonconforming signs or signs that are nonconforming in any of the
following ways shall be altered to comply with the provisions of this Ordinance or removed within
ninety (90) days after the effective date of this Article:
1 . Portable signs and temporary signs;
75

2. Signs that are in violation of Section 14.11 (Sign Illumination and Signs Containing Lights)
or Section 14.12 (Miscellaneous Restrictions and Prohibitions), Subsections B, C, or D.
E. Off-premises billboard signs that are protected from enforced removal by the Outdoor
Advertising Control Act shall not be subject to the provisions of Subsection B of this Section
unless and until just compensation is provided in accordance with the cited statute.
6.10 Nonconforming Manufactured Home Parks
A. Existing manufactured home parks that do not meet all of the standards for such a use
that are set forth elsewhere in this Ordinance at the time of adoption of this Section shall be
considered nonconforming. Such uses shall not expand in any way beyond the existing
developed areas, but shall be allowed to remove and replace the units on spaces existing within
the existing manufactured home park at the time of adoption of this Section.
B. Only the replacement and location of units on an existing manufactured home space shall
be permitted, provided that the total number of units does not exceed the number existing at the
time of adoption of this Section, and provided that the existing waste treatment system is
functioning properly. Removal and replacement of such units shall not be considered expansion
of the nonconforming use.
C. Any manufactured home unit replacing an existing manufactured home unit on an existing
manufactured home space, pursuant to Subsections A and B, and not previously located within
the manufactured home park, must be a Class A or Class B manufactured home as defined in
Article 18 (Definitions) of this Ordinance.
76

Article 7, ZONING DISTRICTS AND OFFICIAL ZONING MAP
7.1 Residential Districts Established
A. The following residential districts are hereby established: RA (Residential-
Agricultural), R-1 (Residential-1), and R-2 (Residential-2). Each of these Districts
is designed and intended to secure for persons who reside there a comfortable,
healthy, safe, and pleasant environment in which to live, sheltered from
incompatible and disruptive activities that properly belong in nonresidential
districts. Other objectives of some of these Districts are explained in the remainder
of this Section.
B. The RA (Residential-Agricultural) District is designed to accommodate low-density
residential development and continued use of land for agricultural purposes in
areas within the Town's planning jurisdiction, but outside of the Town's corporate
limits. The specific intent of this District is to encourage the construction of, and
continuation of the use of the land, for low density residential and light agricultural
purposes; to prohibit commercial and industrial use of the land, and to prohibit any
other use that would interfere with the development or continuation of dwellings
and light agriculture in the District; to encourage the discontinuance of existing
uses that would not be permitted as new uses under the provisions of this
Ordinance; to discourage any use that would generate traffic on minor streets other
than normal traffic to service the residences and small farms on those streets; and
to ensure that residential development not having access to public water and
sewer supplies will occur at sufficiently low densities to ensure a healthy
environment.
C. The R-1 (Residential-1) District is designed to accommodate site built and modular
housing and is the most restrictive of the residential zoning districts.
D. The R-2 (Residential-2) District is designed to be a moderately restrictive
residential district that allows a mixture of housing types including site built and
modular homes, duplexes, and multi-family units.
7.2 Commercial Districts Established
A. The MU (Mixed Use) District is designed to allow for low impact types of
businesses such as offices (medical, dental, legal), services such as barber shops
and beauty salons, and florists. This District also allows single and multi-family
residential uses. The district shall be measured two hundred (200) feet from any
right-of-way line shown on the Official Zoning Map for the Town of Vass when the
district boundary is located along a road and does not follow an existing property
line. Where the official road right-of-way line has been determined by a field
77

survey, the boundary shall extend two hundred (200) feet back from the right-of-
way.
B. The HC (Heavy Commercial) District is designed to allow for high traffic types of
business uses such as car dealerships and shopping centers, as well as less
intensive business uses as well.
7.3 Industrial Districts Established
A. The I (Industrial District) is designed to accommodate warehousing, mixed industrial,
and industrial/heavy commercial uses. The purpose is to promote and protect both
existing industrial activities and potential sites where urban services are available, and
that are considered suitable for continued or future industrial use; to prohibit uses of land
that would interfere with the continuation of uses permitted in the District; and to promote
the operation of industrial facilities in a relatively clean and quiet manner.
B. The IL (Industrial— Light)district is designed to accommodate light industrial and heavy
commercial uses. The purpose is to promote industrial activities with little to no significant
sight, sound, or visual impacts to adjacent properties.
7.4 Conservation District Established
A. Conservation District is established as a district in which the primary use of the land is
reserved for private lands within conservation easements or forestry, or public lands for
use by the general public for recreation, parks, forests, and other open space uses. This
district is intended to preserve and protect environmentally sensitive lands (e.g.
floodways, wetlands) and/or properties otherwise restricted for heavy use.
7.5 Watershed Protection Overlay Districts Established
The Watershed Protection Overlay Districts are established to protect those portions of
designated water supply watersheds that lie closest to existing and proposed water
supply reservoirs from activities that could degrade water quality in the reservoirs. In
accordance with the State Mandate, Watershed Protection Overlay Districts, as listed in
Table 7-1 (Watershed Protection Overlay Districts), are hereby established.
Table 7-1: Watershed Protection Overlay Districts
District Class Acreage General Location
LITTLE-PW Little River WS-III-BW 1349.9 plus The portion of the drainage basin
Protected Critical of the Little River located in the
Watershed Area) Town of Vass' planning
jurisdiction.
78

LITTLE-CA Little River WS-III-CA 154 1/2 mile upstream from the Town of
Watershed Vass water intake.
Critical
Area
LITTLE-I2-PW Little River WS-III-BW 5117.5 The portion of the drainage basin
(Intake #2) of the Little River located in the
Protected Town of Vass' planning jurisdiction
Watershed and draining to the water intake
located in Cumberland County.
7.6 Conditional Zoning
A. Conditional zoning are hereby established. Conditional zoning allows for the
establishment of certain uses, which, because of their nature or scale, have particular
impacts on both the immediate area and the community as a whole. The development of
these uses cannot be predetermined or controlled by general district standards. Instead,
these districts are zoning districts in which the development and use of the property is
subject to predetermined ordinance standards and the rules, regulations, and conditions
imposed as part of the legislative decision creating the district and applying it to the
particular property.
B. A Conditional zoning shall be parallel to an existing zoning district, which means that the
potential permitted use or uses in the conditional zoning are, except as limited or
expanded by the conditions imposed on the condition zoning, of the same character and
type as the use or uses permitted in the parallel general zoning district. Conditional zoning
is designated on the zoning map with a "CZ" after the general zoning district designation.
For example, the parallel conditional zoning district for MU is MU-CZ.
C. The process for approving a Conditional Zoning is provided in Article 17, Part 2,
"Conditional Zoning Rezoning."
7.7 Official Zoning Map
A. There shall be a map, known and designated as the Official Zoning Map that shall
show the boundaries of all zoning districts within the Town's planning jurisdiction.
This map shall be drawn on acetate or other durable material from which prints
can be made, shall be dated, and shall be kept in the Town Clerk's Office.
B. The Official Zoning Map dated December 8, 2008 is adopted and incorporated
herein by reference. Amendments to this map shall be made and posted in
accordance with Section 7.6.1 (Amendments to Official Zoning Map).
C. Should the Official Zoning Map be lost, destroyed, or damaged, the Administrative
Officer may have a new map drawn on acetate or other durable material from which
prints can be made. No further Town Board of Commissioners authorization or
action is required so long as no district boundaries are changed in this process.
79

7.7.1 Amendments to Official Zoning Map
A. Amendments to the Official Zoning Map are accomplished using the same
procedures that apply to other amendments to this Ordinance, as set forth in Article
17 (Amendments).
B. The Administrative Officer shall update the Official Zoning Map as soon as possible
after amendments to it are adopted by the Town Board of Commissioners. Upon
entering any such amendment on the map, the Administrative Officer shall change
the date of the map to indicate its latest revision. New prints of the updated map
may then be issued.
C. No unauthorized person may alter or modify the Official Zoning Map.
D. The Town Clerk shall keep copies of superseded prints of the Official Zoning Map
for historical reference.
7.8 Historic Landmarks
The Board of Commissioners may designate property as local historic landmarks per the NC
general statutes. The governing board may adopt, amend, and repeal a regulation designating
one or more historic landmarks. No property shall be recommended for designation as a historic
landmark unless it is deemed and found by the Historic Preservation Commission to be of special
significance in terms of its historical, prehistorical, architectural, or cultural importance and to
possess integrity of design, setting, workmanship, materials, feeling, and/or association.
A. No regulation or amendment to a regulation designating a historic building, structure,
site, area, or object as a landmark shall be adopted, and no property shall be accepted
or acquired by a preservation commission or the governing board, until the preservation
commission: (i) prepares and adopts rules of procedure and; (ii) prepares and adopts
principles and standards, for altering, restoring, moving, or demolishing properties
designated as landmarks.
1 . The preservation commission forwards to the Office of Archives and History of
the North Carolina Department of Natural and Cultural Resources an investigation
and report on the historic, architectural, prehistorical, educational, or cultural
significance of each building, structure, site, area, or object proposed for
designation or acquisition.
2. The Department of Natural and Cultural Resources is allowed 30 days from
receipt of the preservation commission's complete investigation and report to
provide written comments to the commission concerning the proposed designation
or acquisition. Failure of the Department to submit its comments within the time
80

allowed relieves the commission and the governing board of any responsibility to
consider the comments.
3. The preservation commission and the governing board hold a joint legislative
hearing or separate legislative hearings on the proposed regulation. Notice of the
hearing shall be made as provided by G.S. 160D-601. Following the hearings, the
governing board may adopt the regulation as proposed, adopt the regulation with
any amendments it deems necessary, or reject the proposed regulation.
4. Upon adoption of the regulation, the owners and occupants of each designated
landmark are given written notice of the designation within a reasonable time. One
copy of the regulation and all amendments to it shall be filed by the preservation
commission in the office of the register of deeds of the county in which the
landmark is located. In the case of any landmark property lying within the planning
and development regulation jurisdiction of a city, a second copy of the regulation
and all amendments to it shall be kept on file in the office of the city or town clerk
and be made available for public inspection at any reasonable time. A third copy
of the regulation and any amendments shall be given to the local government
building inspector. The fact that a building, structure, site, area, or object has been
designated a landmark shall be clearly indicated on all tax maps maintained by the
local government for such period as the designation remains in effect.
5. Upon the adoption of the landmark regulation or any amendment to it, the
preservation commission gives notice of the regulation or amendment to the tax
supervisor of the county in which the property is located. The designation and any
recorded restrictions upon the property limiting its use for preservation purposes
shall be considered by the tax supervisor in appraising it for tax purposes.
6. The regulation shall describe each property designated in the regulation, the
name or names of the owner or owners of the property, those elements of the
property that are integral to its historical, architectural, or prehistorical value,
including the land area of the property so designated, and any other information
the governing board deems necessary. For each building, structure, site, area, or
object so designated as a historic landmark, the regulation shall require that the
waiting period set forth in the NCGS be observed prior to its demolition. For each
designated landmark, the regulation may also provide for a suitable sign on the
property indicating that the property has been so designated. If the owner
consents, the sign shall be placed upon the property. If the owner objects, the sign
shall be placed on a nearby public right-of-way.
7. According to NCGS 105-278, real property designated as a historic property by
a local ordinance adopted pursuant to G.S. 160D-945 is designated a special class
of property under authority of Article V, Sec. 2(2) of the North Carolina Constitution.
Property so classified shall be taxed uniformly as a class in each local taxing unit
on the basis of fifty percent (50%) of the true value of the property as determined
pursuant to G.S. 105-285 and 105-286, or 105-287.
81

8. The difference between the taxes due on the basis of fifty percent (50%) of the
true value of the property and the taxes that would have been payable in the
absence of the classification provided for in subsection (a) shall be a lien on the
property of the taxpayer as provided in G.S. 105-355(a). The taxes shall be carried
forward in the records of the taxing unit(s) as deferred taxes. The deferred taxes
for the preceding three fiscal years are due and payable in accordance with G.S.
105-277.1 F when the property loses the benefit of this classification as a result of
a disqualifying event. A disqualifying event occurs when there is a change in an
ordinance designating a historic property or a change in the property, other than
by fire or other natural disaster, that causes the property's historical significance to
be lost or substantially impaired. In addition to the provisions in G.S. 105-277.1 F,
no deferred taxes are due and all liens arising under this subsection are
extinguished when the property's historical significance is lost or substantially
impaired due to fire or other natural disaster.
82

Article 8, PERMITTED USES
8.1 Table of Permitted and Special Uses
The Table of Permitted Uses (Table 8-1) should be read in close conjunction with the
definitions of terms set forth in Article 18 (Definitions), Article 12 (Supplemental
Requirements for Specified Uses), Article 13 (Water Supply Watershed Overlay
Regulations), and the other interpretive provisions set forth in this Ordinance.
83

Table 8-1: Table of Permitted and Special Uses
Zoning Districts
Use Description RA R-1 R-2 MU HC I IL C
I Residential
Single-Family Detached (Site Built& Modular) PPPP
Class A Manufactured Home (double-wide or multisectional) PS PS
Class B Manufactured Home (single-wide) PS
Manufactured Home Parks PS
2-Family Conversion P P P
Primary Residence with Accessory Dwelling PS PS PS PS
Duplex PPPP
Multi-Family Townhomes PS S
Multi-Family Apartments S S
Family Care Home PS PS PS PS
Group Care Home PS PS PS PS
Hotels & Motels S S
Bed & Breakfast Establishment PS PS PS PS
Home-Based Business, Level-1 PS PS PS PS
Home-Based Business, Level-2 PS PS PS
Temporary Emergency, Construction, or Repair Residences PS PS PS PS PS PS
Sales & Rental of Goods, Merchandise& Equipment
ABC Store PS P
Convenience Store & Convenience w/Drive-Through S
Wholesale Sales PS P PS
Businesses with Drive-thru Windows PS PS
Retail Sales P P P
Retail Sales with Subordinate Manufacturing & Processing PS PS PS PS
Retail Sales from and Storage in Tractor-Trailers S S
Shopping Center S
Manufactured Housing Sales PS PS
Mobile Vendor PS
Office, Clerical, Research &Services Not Primarily Related to Goods or Merchandise
Operations Designed to Attract & Serve Customers or Clients P P P
on the Premises, Such as the Office of Attorneys, Physicians,
Other Professions, Insurance & Stock Brokers, Travel Agents,
Governmental Office Buildings, etc.
Operations Designed to Attract Little or No Customer or Client PPP P
Traffic Other Than Employees of the Entity Operating the
Principal Use (i.e. Trucking Dispatch Terminal, without over-
sized vehicle traffic and parking)
Banks without Drive-In Window P P
Banks with Drive-In Window PS PS
Automatic Teller Machine, Freestanding S PS
Trade and repair shops such as carpentry, electrical, P PP P
plumbing, heating, upholstery and similar enterprises catering
to homes and businesses, provided that all materials are
stored and operations take place within an enclosed building.
P = Permitted with Zoning Compliance Permit PS =Permitted with Supplemental Requirements (See
Article 12) S =Permitted with Special Use Permit(See Section 3.3 and Article 12)
84

Use Description Zoning Districts
RA I R-1 R-2 I MU HC I IL C
Manufacturing, Processing,Creating, Repairing, Renovating, Painting, Cleaning,Assembling of Goods,
Merchandise,&Equipment
Operations Conducted Entirely Within Fully Enclosed Buildings PS PS PS PS
Manufacturing, Minor PS PS
Manufacturing, Major PS
Petroleum Products (Storage & Distribution) PS
Warehousing or Distribution Center with Freight Movement P P
Wholesale Trade PS PS
Educational, Cultural, Religious, Philanthropic, Social & Fraternal Uses I.
Elementary, Middle&Secondary Schools(including I PS PS PS PS PS
Associated Grounds&Athletic&Other Facilities)
Trade or Vocational Schools S S SS S
Churches, Synagogues & Temples (Including Associated Residential P P P P P P
Structures for Religious Personnel & Associated Buildings, but not
Including Elementary or Secondary School Buildings)
Libraries, Museums,Art Galleries,Art Centers&Similar Uses P P
(Including Associated Educational&Instructional Activities)
Social &Fraternal Clubs&Lodges, Union Halls, &Similar Uses S S
I Recreation,Amusement, Entertainment
Arcade/Game Room (Amended 2/14/11) PS PS
Bingo Games (Amended 2/14/11) S S
Billiard Parlor/Pool Room (Amended 2/14/11) S S
Electronic Game Promotions (Amended 2/14/11) S
Recreation Facility(Non-Profit) SSSSS S
Recreation Facility(Profit) SSSSS S
Gym, including yoga, cross fit, and similar exercise studios P P P
Indoor Archery Range (Amended 3/19/18) PS
Indoor Movie Theaters P
Community Center S S S S
Camp/Retreat Center S S
Golf Course (Independent&Country Club) S
Golf Driving Range Not Accessory to a Golf Course S S P
Institutional Residence or Care and Confinement Facilities
Nursing Care Homes PS PS
Nursing Care Institutions PS PS
LRestaurants (Including Food Delivery Services), Bars, Night Clubs
Restaurant(Amended 9/12/11) P P
Outside Service/Consumption (Amended 9/12/11) P P
Drive-In (Service to & Consumption In Vehicle On Premises) S PS
(Amended 9/12/11)
Drive-In Windows (Service Directly to Vehicles Primarily for Off- S PS
Premises Consumption)(Amended 9/12/11)
Carry Out Service (Food Picked Up Inside for Off-Premises S P
Consumption)(Amended 9/12/11)
Night Clubs, Bars, Breweries&Taprooms PS PS PS PS
Mobile Food Vendor _ PS PS PS
Alcoholic Beverage Sales Store P P P
Motor Vehicle Related Sales &Service Operations —111
Motor Vehicle Sales& Rental or Sales&Service PS PS
Automobile Service Stations PS PS
Automobile Repair Shop or Body Shop _ PS PS
Car Wash _ _S PS PS
Automobile towing and wrecker service PS PS 7
P=Permitted with Zoning Compliance Permit PS=Permitted with Supplemental Requirements(See
Article 12) S=Permitted with Special Use Permit(See Section 3.3 and Article 12)
85

Use Description Zoning Districts
RA R-1 R-2 MU HC I IL C
Storage& Parking
Self-Storage/Mini-Warehouses S S S
Parking of Vehicles or Storage of Equipment Outside Enclosed P
Structures Where: (1) Vehicles or Equipment are Owned and
Used by the Person Making Use of the Lot, and (2) Parking or
Storage is More Than a Minor& Incidental Part of the Overall
_Use Made of the Lot.
Scrap Materials Salvage Yards, Junkyards, &Automobile ■ S
Graveyards
Services & Enterprises Related to Animals
Veterinarians Offices S PS PS PS
Kennels PS PS PS
Horse Stable (Private and Public) PS PS PS PS
Riding Stables/Academies S
Emergency Services
Police Stations PPPPPP
Fire Stations PPPPPP
Rescue Squad, Ambulance Service PPPPPP
Civil Defense Operation PPPPPP
Agricultural, Silvicultural Operations
Agricultural Operations & Farming Excluding Livestock P
Agricultural Operations & Farming Including Livestock PS
Forestry & Timbering Operations (Excluding Properties P SS SS S P
Currently Participating in the Forest Use Value Program and
Operations Conducted in Accordance with an Approved Forest
Management Plan) (Amended 11/12/2012)
Solar Farms PS PS
Miscellaneous Public &Semi-Public Facilities
Post Office P P
Military Reserve, National Guard Centers P P
Park, Athletic& Community PS PS PS PS PS PS
Park, Neighborhood PS PS PS PS PS PS
Government Offices SSSSSS
Dry Cleaner, Laundromat
With Drive-In Windows PS PS
Without Drive-In Windows P P
Utility Facilities
Neighborhood Utility Facilities P PP P PP PP
Public Utility Stations & Substations, Water or Sewage P PPP PP PP
Treatment Plants, Switching Stations, Telephone Exchanges,
Elevated Water Storage Tanks
Transmission Lines P PPP PP PP
Towers & Related Structures
Telecommunications Towers &Antennas 35 Feet Tall or Less P PPP PP P
Telecommunications Towers & Antennas Attached Thereto S S S
That Exceed 35 Feet in Height
Publicly Owned Towers &Antennas Of All Sizes That are P PPP PP P
Used in the Provision of Public Safety Services
P = Permitted with Zoning Compliance Permit PS = Permitted with Supplemental Requirements (See
Article 12) S = Permitted with Special Use Permit(See Section 3.3 and Article 12)
86

Use Description Zoning Districts _
RA R-1 R-2 MU HC I IL C
Open Air Markets& Horticultural Sales
Open Air Markets (Farm & Craft Markets, Flea Markets, PS PS PS PS
Farmers Markets)
Horticultural Sales With Outdoor Display PS PS PS PS
Seasonal Christmas Tree or Pumpkin Sales PS PS PS PS
Funeral Homes P P
Cemetery&Crematorium
Cemetery (Commercial) S PS P
Crematorium P
Nursery Schools, Day Care
Adult Day Care Facility SSSSS
Child Day Care Facility SSSSS
Family Child Care Home PS PS PS PS
Temporary Structure or Parking Lots Used In Connection With the Construction of a Permanent Building
or for Some Non-Recurring Purpose
Temporary Structures Located on the Same Lot as the Activity PS PS PS PS PS PS PS
Generating the Need for the Structure
Temporary Parking Facilities Located On or Off-Site of Activity PS PS PS PS PS PS PS
Generating the Need for Parking
Commercial Greenhouse Operations P P P
Event Venue PS PS PS PS S
Special Events PS PS PS PS PS PS PS PS
Outdoor Advertising Signs/Billboards S
Sexually Oriented Businesses S
Shooting Ranges (Indoor) PS PS
P = Permitted with Zoning Compliance Permit PS = Permitted with Supplemental Requirements (See
Article 12) S=Permitted with Special Use Permit(See Section 3.3 and Article 12)
8.2 Use of the Designation "P", "PS", and "S" in the Table of Permitted
Uses
Subject to Section 8.3 (Town Board of Commissioners Jurisdiction Over Uses Otherwise
Permissible with a Zoning Compliance Permit), when used in connection with a particular
use in the Table of Permitted Uses, the letter "P" means that the use is permitted in the
indicated zone with a Zoning Compliance Permit issued by the Administrative Officer.
The letters "PS" means that the use is permitted with supplemental requirements in the
indicated zone with a Zoning Compliance Permit issued by the Administrative Officer.
The letter "S" means a Special Use Permit must be obtained from the Town Board of
Commissioners. Additionally, any structures in which the height will be 50' or greater, will
require a Special Use Permit.
8.3 Permitted Uses and Specific Exclusions
A. The presumption established by this Ordinance is that all legitimate uses of land
are permissible within at least one (1) zoning district in the Town's planning
jurisdiction. Therefore, because the Table of Permitted Uses set forth in Section
8.1 (Table of Permitted Uses) cannot be all inclusive, those uses that are listed
87

shall be interpreted liberally to include other uses that have similar impacts to the
listed uses.
B. Notwithstanding Subsection A, all uses that are not listed in Section 8.1 (Table of
Permitted Uses), even given the liberal interpretation mandated by Subsection A,
are prohibited. Nor shall Section 8.1 (Table of Permitted Uses) be interpreted to
allow a use in one (1) zoning district when the use in question is more closely
related to another specified use that is permissible in other zoning districts.
A. Without limiting the generality of the foregoing provisions, the following uses are
specifically prohibited in all districts, unless specifically listed as permitted:
1. Any use that involves the manufacture, handling, sale, distribution, or
storage of any highly combustible or explosive materials in violation of the
Town's fire prevention code;
2. Stockyards, slaughterhouses, and rendering plants;
3. Use of a travel trailer as a permanent residence. Situations that do not
comply with this Section on the effective date of this Ordinance are required
to conform within one (1) year;
4. Use of a motor vehicle, tractor-trailer, trailer (with or without wheels) parked
on a lot as a structure in which, out of which, or from which any goods are
sold or stored, or any services are performed, or any other uses are
conducted, or a mobile home used for storage, except as specifically listed
and for which a Special Use permit has been issued. Situations that do not
comply with this section on the effective date of this Ordinance are required
to conform within ninety (90) days.
8.4 Permitted Uses Not Requiring Permits
Notwithstanding any other provisions of this Ordinance, no Zoning Compliance or Special
Use Permit is necessary for the following uses:
1. Streets;
2. Electric power, telephone, telegraph, cable television, gas, water and sewer lines,
wires or pipes, together with supporting poles or structures, located within a public
right-of-way and for which a permit is not otherwise specifically required by the
Ordinance;
3. Neighborhood Utility Facilities located within a public right-of-way with the
permission of the owner (State or Town) of the right-of-way;
88

4. Playground equipment, yard ornaments, or pump houses that are twenty-five (25)
square feet or less in gross floor area.
8.5 Change in Use
A. A change in use of property occurs whenever the essential character or nature of
the activity conducted on a lot changes. This occurs whenever:
1 . The change involves a change from one (1) principal use category to
another;
2. If the original use is a combination use, the relative proportion of space
devoted to the individual principal uses that comprise the combination use
changes to such an extent that the parking requirements for the overall use
are altered;
3. If the original use is a combination use, the mixture of the types of individual
principal uses that comprise the combination use changes;
4. If there is only one (1) business or enterprise conducted on the lot
(regardless of whether the business or enterprise consists of one (1)
individual principal use or combination use), that business or enterprise
moves out and a different type of enterprise moves in (even though the new
business or enterprise may be classified under the same principal use or
combination use category as the previous type of business). For example,
if there is only one (1) building on a lot and a florist shop that is the sole
tenant of that building moves out and is replaced by a clothing store, that
constitutes a change in use even though both tenants fall within the same
principal use classification. However, if the florist shop were replaced with
another florist shop, that would not constitute a change in use since the type
of business or enterprise would not have changed. Moreover, if the florist
shop moved out of a rented space in a shopping center and was replaced
by a clothing store, that would not constitute a change in use since there is
more than one (1) business on the lot and the essential character of the
activity conducted on that lot (shopping center-combination use) has not
changed.
B. A mere change in the status of property from unoccupied to occupied or vice versa
does not constitute a change in use. Whether a change in use occurs shall be
determined by comparing the two (2) active uses of the property without regard to
any intervening time period during which the property may have been unoccupied,
unless the property has remained unoccupied for more than one hundred-eighty
(180) days or has been abandoned.
89

C. A mere change in ownership of a business or enterprise or a change in name shall
not be regarded as a change in use.
8.6 Combination Uses
A. When a combination use comprises two (2) or more principal uses that require
different types of permits (Zoning Compliance or Special Use), then the permit
authorizing the combination use shall be:
1 . A Special Use Permit if any of the principal uses combined requires a
Special Use Permit;
2. A Zoning Compliance Permit in all other cases.
8.7 More Specific Controls
Whenever a development could fall within more than one (1) use classification in the
Table of Permitted Uses, the classification that most closely and most specifically
describes the development controls.
90

Article 9, GENERAL PROVISIONS
9.1 Accessory Buildings
A. No accessory building shall be constructed on any lot prior to the time of
construction of the principal structure to which it is accessory.
B. No accessory building shall project beyond the front building line of the principal
structure or site. (Amended 11/12/2012)
C. On any residential lot 40,000 square feet or less, there shall be no more than two
accessory buildings. Combined square footage of accessory buildings shall be
limited to one-half the square footage of the principal structure. Any lot greater
than 40,000 square feet in the RA, R-1 and R-2 is exempt from this accessory
building limit; however, a building permit is still required.
D. Maximum lot coverage of principal and accessory buildings shall not exceed
twenty-four percent (24%) of the lot.
9.2 Accessory Uses
A. The Table of Permitted Uses classifies different principal uses according to their
different impacts. Whenever an activity(which may or may not be separately listed
as a principal use in the Table of Permitted Uses) is conducted in conjunction with
another principal use and the former use
1. Constitutes only an incidental or insubstantial part of the total activity that
takes place on a lot, or
2. Is commonly associated with the principal use and integrally related to it,
then the former use may be regarded as accessory to the principal use and may
be carried on underneath the umbrella of the permit issued for the principal use.
For example, a swimming pool/tennis court complex is customarily associated with
and integrally related to a residential subdivision or multi-family development and
would be regarded as accessory to such principal uses, even though such
facilities, if developed apart from a residential development, would require a
Special Use Permit. Electronic game promotions are prohibited as an accessory
use.
(Amended 2/14/11)
B. For purposes of interpreting this Section:
91

1 . A use may be regarded as incidental or insubstantial if it is incidental or
insubstantial in and of itself or in relation to the principal use;
2. To be "commonly associated" with a principal use it is not necessary for an
accessory use to be connected with such principal use more times than not,
but only that the association of such accessory use with such principal use
takes place with sufficient frequency that there is common acceptance of
their relatedness.
C. Without limiting the generality of Subsections A and B, the following activities are
specifically regarded as accessory to residential principal uses as long as they
satisfy the general criteria set forth above:
1 . Hobbies or recreational activities of a noncommercial nature;
2. The renting out of one (1) or two (2) rooms within a single-family residence
(which one (1) or two (2) rooms do not themselves constitute a separate
dwelling unit) to not more than two (2) persons who are not part of the family
that resides in the single-family dwelling;
3. Towers and antennas constructed on residential property, as long as:
a. Such towers, fifty (50) feet tall or less, intended for the personal and
noncommercial use of the residents of the property where located;
and
b. Such towers and antennas comply with the setback requirements of
Article 10 (Density and Dimensional Regulations) and are installed
only in rear or side yards; and
c. No more than one (1) such tower or antenna may be regarded as an
accessory use on a single lot; and
d. The owner must be able to demonstrate compliance with Federal
Communications Commission (FCC) regulations, 47 CFR Part 97,
Subpart 97.15, Sections (a) through (e), inclusive.
4. Child day care arrangements for one (1) or two (2) children as well as other
child day care arrangements, such as arrangements operated in the home
of any child receiving care if all the children in care are related to each other,
or no more than two (2) additional children are in care, and cooperative
arrangements among parents to provide care for their own children as a
convenience rather than for employment.
B. On property that is residentially zoned (i.e. zoned RA, R-1, or R-2), a temporary
family health care structure shall be regarded as an accessory use to a single-
92

family detached dwelling to the extent authorized and in accordance with the
provisions of G.S. 160D-915.
C. Without limiting the generality of Subsections A and B, the following activity shall
not be regarded as accessory to a residential principal use and is prohibited in
residential districts:
1 . Parking outside a substantially enclosed structure of more than four (4)
motor vehicles between the front building line of the principal building and
the street on any lot used for purposes of single-family and two-family use;
family care and group care homes; or boarding and rooming houses.
D. No accessory use shall be established on any lot prior to the time of construction
or establishment of the principal structure or use to which it is accessory.
9.3 Corner Visibility
No planting, fence, or other obstruction to visibility of vehicles shall be erected,
maintained, or allowed to exist to a height of more than three (3) feet above street level,
or closer than fifteen (15) feet to the intersection of any two (2) street lines.
9.4 Curb Cuts Giving Access to Public Rights-of-Way
A. Construction of curb cuts for purpose of ingress or egress to property abutting a
public right-of-way shall be approved by the public authority in the Town that has
jurisdiction over the maintenance of public streets, and the North Carolina
Department of Transportation where said curbs affect access to State Highways.
Provision for all access work done on highway rights-of-way are subject to
approval by the Department of Transportation.
B. All driveway entrances and other openings onto streets within the Town's planning
jurisdiction shall be constructed so that:
1 . Vehicles can enter and exit from the lot in question without posing any
danger to themselves, pedestrians, or vehicles traveling on abutting streets,
and
2. Interference with the free and convenient flow of traffic on abutting or
surrounding streets is minimized.
3. All driveways shall be paved with an asphalt or concrete surface from the
edge of the road/street pavement to the property line.
93

4. All driveway connections must provide for adequate flow of stormwater run-
off in sideline ditches, valley gutters or suitable sized, approved pipe.
5. Driveway apron(s) shall span the full distance from edge of pavement to
property line.
C. If driveway entrances and other openings onto streets are constructed in
accordance with the foregoing specifications and requirements, this shall be
deemed prima facie evidence of compliance with the standards of this Section.
9.5 Fences and Walls
A. Fences and walls shall not be constructed or placed that impair or impede visibility
or movement at any street intersection or on the edge of driveways at their
intersection with street lines, nor shall any fence or wall encroach on any street
right-of-way.
B. The following types of fences and walls are permitted in all zoning districts:
1 . Open picket fence;
2. Post and rail fence;
3. Solid plank fence;
4. Wrought iron fence;
5. Brick or stone (solid or pierced) fence
6. Chain link or similar fencing.
C. The following types of fences are prohibited:
1 . Fences topped with barbed wire or metal spikes shall not be permitted in
any residential district, except those serving a public facility requiring a
security fence for public safety purposes;
2. Electrically charged fences that people or animals may come into contact
with are not considered reasonably safe and are prohibited in all zoning
districts, except the RA (Residential-Agricultural) District;
3. Fences constructed primarily of barbed wire or razor wire are prohibited in
all residential districts, except for the purpose of enclosing livestock in the
RA (Residential-Agricultural) District;
94

4. Fences constructed of concertina wire.
D. Fences must be erected with the posts, supports, stringer and all unfinished
materials facing the owner's residence and property.
E. In residential zoning districts, fences and walls shall be not exceed four (4) feet in
height in the front yard and six (6) feet in side and rear yards. For nonresidential
uses, the maximum height of any fence, regardless of its location, shall not exceed
eight (8) feet plus any required barbed wire topping.
F. Opaque fences and walls that exceed six (6) feet in height that run along lot
boundaries adjacent to public street rights-of-way shall meet applicable front
building setbacks.
G. In cases where a fence or wall is to be erected on a property line, the applicant
or property owner shall obtain the services of a professional surveyor or engineer
to aid in the placement of the fence or wall. Applications for a fence or wall to be
erected on a property line shall be accompanied by a professionally prepared
survey or drawing indicating the surveyed property lines of the subject property,
existing buildings and driveways, and the proposed location of the fence or wall.
Any property line disputes shall be settled prior to issuance of a Zoning
Compliance Permit for a fence or wall erected on a property line in instances where
deed gaps, or conflicting property line locations are evident.
H. Fences shall not be placed so as to alter or impede the natural flow of water in any
stream, drainage ditch, or swale.
Any fence that, through neglect, lack of repair, type or manner of construction,
method of placement or otherwise, constitutes a hazard or endangers any person,
animal or property is hereby deemed a nuisance. If such conditions exist, the
Administrative Officer shall require the owner or occupant of the property upon
which the fence is located to repair, replace or demolish the fence causing the
nuisance.
J. No fence shall block access from doors or windows. Fences must have a
clearance of at least two (2) feet from building walls, except where fences project
from or to a building wall.
K. No fence shall be constructed to alter or impede the visual locating of street
addresses.
L. On fences topped with barbed wire, the bottom strand must be at least six (6) feet
above grade with vertical supports slanting inward or outward up to the property
owner's discretion, as long as they do not encroach over the property line.
95

9.6 Orientation of Structure
The orientation of individual structures must be consistent with that of the predominant
number of units in the surrounding neighborhood, with the front door designed to face the street
on which its 911 address is assigned. (Amended 2/14/11)
9.7 Outside Storage of Motor Vehicles and Parts
Outside storage of any motor vehicle that is neither licensed nor operational or parts of any motor
vehicle is prohibited in all zoning districts. Storage inside of a fixed, covered structure that is
fully enclosed on all sides by permanent, rigid material is allowed in all zoning districts. (Amended
01/13/2014)
9.8 Reduction of Lot and Yard Areas Prohibited
No yard or lot existing at the time of passage of this Ordinance shall be reduced in size or area
below the minimum requirements as set forth herein. Yards or lots created after the effective
date of this Ordinance shall meet at least the minimum requirements established by this
Ordinance.
9.9 Relationship of Buildings to Lots
Every building hereafter erected, moved, or structurally altered shall be located on a lot, and in
no case shall there be more than one (1) principal building and its customary accessory buildings
on a lot, except in the case of a designed complex of institutional, residential, commercial, or
industrial buildings in an appropriate zoning district (i.e., school campus, cluster housing,
shopping center, research park, etc.), or otherwise allowed by this Ordinance.
9.10 Required Yards Not to be Used by Another Building
The minimum yards or other open spaces required by this Ordinance for each and every building
hereafter erected, moved or structurally altered shall not be encroached upon or considered as
meeting the yard or open space requirements of any other building.
9.11 Restriction on Truck Parking in Residential Districts
Trucks with a gross weight of ten thousand (10,000) pounds and more than six (6) wheels shall
be prohibited from parking overnight in any residential district unless the lot is a minimum of five
(5) acres in size and the trucks/trailers are being used on a regular basis for a business purpose.
96

9.12 Street Access
No building shall be erected on a lot that does not abut a public street or recorded easement for
a distance of at least twenty-five (25) feet, provided, that in a designed shopping center in a
commercial district, or a planned project in a residential district, a building may be erected
adjoining a parking area or other dedicated open space used in common with other lots. On lots
that do not abut a public street, no building shall be erected until an easement or right-of-way
has been legally obtained granting access to a public street.
9.13 Swimming Pools
A. All swimming pools with a wall height of more than 36" require a zoning compliance
permit.
B. All swimming pools, whether above ground or in-ground, shall be located only in
rear yards.
C. Swimming pools shall be set back a minimum of ten (10)feet from all side and rear
property lines. Patio areas at grade have no setback requirements from rear and
side lot lines.
D. Swimming pools with a wall height of more than 36" shall be enclosed by a fence
with a minimum height of four (4) feet and a maximum height of six (6) feet with a
self-closing, self-latching gate.
9.14 Travel Trailers/Portable Structures
A. No bus, pickup coach, utility trailer, camping trailer, self-contained travel trailer or
house trailer (defined as a vehicular, portable structure built on a wheel chassis,
designed to be towed by a self-propelled vehicle for use as a temporary dwelling,
for travel, recreation and vacation uses, having a body width not to exceed eight
(8) feet and a body length not exceeding forty (40) feet when equipped for road
travel) shall be used for living, sleeping, or business purposes on any lot within the
zoning jurisdiction of the Town of Vass and may not be parked in any front yard.
B. Camping trailers and self-contained travel trailers may be used as a temporary
residence on residentially zoned property for no more than fourteen (14) straight
consecutive days in any twelve (12) month period and may not be parked in any
front yard. This provision shall only be used on property where an occupied
residence is located.
C. Portable On Demand Storage Units (PODS) may be used as temporary storage
for up to 60 days with a zoning compliance permit.
97

Article 10, DENSITY AND DIMENSIONAL REGULATIONS
10.1 Minimum Lot Size
Due to the fact that the Town of Vass is entirely located within two (2) protected water
supply watershed districts, all lots in the following zones shall have at least the amount of
square footage indicated in the following Table. Where a minimum lot size is not required,
impervious surface requirements as specified in Article 13 (Water Supply Watershed
Overlay District Regulations) shall apply.
Table 10-1: Minimum Lot Size Requirements
Zoning District Minimum Square Feet
RA, R-1, R-2 Protected Area 120,000
Critical Area 40,000
MU & HC None for Commercial Uses*. 20,000 in Protected
Areas, and 40,000 in Critical Areas for Residential
Development.
I 43,560*
PA = Watershed Protected Area CA = Watershed Critical Area
*Impervious surface requirements apply per Section 13.4 (Impervious Surface Requirements).
10.2 Minimum Lot Widths
A. No lot may be created that is so narrow or otherwise so irregularly shaped that it
would be impracticable to construct on it a building that:
1 . Could be used for purposes that are permissible in that zoning district, and
2. Could satisfy any applicable setback requirements for that district.
B. Without limiting the generality of the foregoing standard, the following Table
indicates minimum lot widths that are deemed presumptively to satisfy the
standard set forth in Subsection A. The lot width shall be measured along a
straight line connecting the points at which a line that demarcates the required
setback from the street intersects with lot boundary lines at opposite sides of the
lot.
Table 10-2: Minimum Lot Width Requirements
Zoning District Minimum Lot Width (in feet)
1 RA, R-1, R-2 Single Family I 75
Other Uses 1150
MU 50
HC & I 100
98

10.3 Building Setback Requirements
A. No portion of any building may be located closer to any lot line, or street right-of-
way line, or centerline, than is authorized in the Tables set forth in this Section.
1. If the street right-of-way line is readily determinable (by reference to a
recorded plat, set irons, or other means), the setback shall be measured
from such right-of-way line. If the right-of-way line is not so determinable,
the setback shall be measured from the street centerline.
2. As used in this Section, the term "lot boundary line" refers to lot boundaries
other than those that abut streets.
3. As used in this Section, the term "building" includes any structure that by
the nature of its size, scale, dimensions, bulk, or use tends to constitute a
visual obstruction or generate activity similar to that usually associated with
a building. Without limiting the generality of the foregoing, the following
structures shall also be considered a building for purposes of this ordinance:
a. Gas pumps and overhead canopies or roofs;
b. Fences, along lot boundaries adjacent to public street rights-of-way,
if such fence exceeds six (6) feet in height and is opaque.
Table 10-3: Minimum Building Setback Requirements
Minimum Distance From Street Minimum Distance From Minimum Distance from Lot
Right-of-Way Line _ Street Centerline* Boundary Line
Zoning Building Building Building
District Front Side Rear 1
RA 30 70 30 12 30
R-1 30 60 30 12 30
R-2 30 60 30 12 30
MU 30 60 30 12 30
HC 30 60 30 30 30
I 30 45 30 30 30
*Street Centerline setback only applicable if the Street Right-of-Way is undeterminable.
B. Whenever a lot in a non-residential district has a common boundary line with a lot
in a residential district, and the property line setback requirement applicable to the
residential lot is greater than that applicable to the non-residential lot, then the lot
in the non-residential district shall be required to observe the property line setback
requirement applicable to the adjoining residential lot.
99

C. Setback distances shall be measured from the property line or street right-of-way
line to a point on the lot that is directly below the nearest extension of any part of
the building that is a part of the building itself and not a mere appendage to it (such
as a flagpole, etc.).
D. A foundation survey may be required when principal buildings will be located within
3' of any required setback or Finished Floor Elevations are required.
10.3.1 Accessory Building Setback Requirements.
A. All accessory buildings must comply with the street right-of-way set forth in Section
10.3 (Building Setback Requirements), but (subject to the remaining provisions of
this Section) shall be required to observe a ten (10) foot setback from side and
rear lot boundary lines.
B. Where the high point of the roof or any appurtenance of an accessory building
exceeds twelve (12) feet in height, the accessory building shall be set back from
rear lot boundary lines an additional two (2) feet for every one (1) foot of height
exceeding twelve (12) feet.
10.4 Building Height Limitations
A. For purposes of this Section:
1 . The height of a building shall be the vertical distance measured from the
mean elevation of the finished grade at the front of the building to the highest
point of the building;
2. A point of access to a roof shall be the top of any parapet wall or the lowest
point of a roof's surface, whichever is greater. Roofs with slopes greater
than seventy-five percent (75%) are regarded as walls.
B. Subject to the remaining provisions of this Section, building height limitations in the
various zoning districts shall be as follows:
Table 10-4: Maximum Building Height Requirements
Zoning District Height Limitation (in feet)
RA, R-1, R-2 35
MU 40
HC 35
I I 40
100

C. Subject to Subsection D, the following features are exempt from the district height
limitations set forth in Subsection B:
1. Chimneys, church spires, elevator shafts, and similar structural
appendages not intended as places of occupancy or storage;
2. Flagpoles and similar devices;
3. Heating and air conditioning equipment, solar collectors, and similar
equipment, fixtures, and devices.
D. The features listed in Subsection C are exempt from the height limitations set forth
in Subsection B if they conform to the following requirements:
1. Not more than one-third (1/3) of the total roof area may be consumed by
such features;
2. Heating and air conditioning equipment and other similar equipment and
devices must be set back from the edge of the roof a minimum distance of
one (1) foot for every foot by which such features extend above the roof
surface of the principal building to which they are attached;
3. The permit issuing authority may authorize or require that parapet walls be
constructed (up to a height not exceeding that of the features screened) to
shield the features listed in Subsection C, (1) and (3) from view.
E. Notwithstanding Subsection B, in any zoning district, the vertical distance from the
ground to a point of access to a roof surface of any non-residential building or any
multi-family residential building containing four (4) or more dwelling units may not
exceed thirty-five (35) feet unless the Fire Marshal certifies to the permit issuing
authority that such building is designed to provide adequate access for fire-fighting
personnel, or the Building Inspector certifies that the building is otherwise designed
or equipped to provide adequate protection against the dangers of fire.
F. Solar collectors and panels must be set back from the edge of the roof a minimum
distance of one (1) foot for every foot by which such features extend above the
roof surface of the principal building to which they are attached. Solar panels are
not allowed to be located on the ground in any zoning districts other than RA, I, IL,
or as part of an approved subdivision.
G. Towers and antennas are allowed in all zoning districts to the extent authorized
in the Table of Permitted Uses. Wind Energy Facilities are prohibited within the
Town of Vass and its extraterritorial jurisdiction.
H. Vass will not approve certain buildings and structures 200' or more in height,
proposed within 5 miles of Fort Bragg, except upon demonstration of compliance
101

with the Military Lands Protection Act of 2013 (N.C.G.S. §§ 143-151.70 through
143-151.77).
102

Article 11 , NON-RESIDENTIAL PERFORMANCE STANDARDS AND
RESIDENTIAL AND NONRESIDENTIAL LIGHTING STANDARDS
11.1 Standards for Effluent and Emissions
The provisions of this Article are designed to provide performance standards by which
applications for non-residential development will be evaluated by the Town and by which
the actual performance of those operations will be monitored by the Town for compliance.
The purposes of these performance standards are to protect the Town in general, and
abutting and neighboring landowners in particular, from any potential negative impacts
that new non-residential uses may have on the physical environment and on the quality
of life currently enjoyed by the residents of the Town of Vass and its extraterritorial
jurisdiction.
11.2 Landscaping
The purpose of this section is to improve property values and community appearance,
allow for the ecological benefits provided by plants, prevent the overcrowding of land and
enhance the privacy and welfare of citizens.
A. Application
1 . The landscaping and buffering standards of this section shall
apply to proposed development for which a site plan is
required.
2. All requirements shall run with the land use and shall apply against
any owner or subsequent owner.
3. Land used toward achieving the requirements shall be on the same
lot or on property under the same permanent possession or control
as the lot on which the use is located.
4. Multifamily projects shall meet these requirements.
B. Standards
In addition to the provisions of this ordinance governing screening, buffering
and/or shading found elsewhere, the following requirements shall apply to property that
is to be developed for any use other than single family.
103

1 . The required building setback area shall be appropriately
landscaped as provided for herein. The total square footage of the
required building setback area shall be determined by multiplying
the footage of the property along the street, road, highway (front
yard setback), side property line or rear property line times the
required building setback depth, as applicable.
a. Front Yard Setback Area
1 . One large tree (unless subject to overhead power lines along
the street/road or railroad, in which case understory trees may be
selected) shall be planted at the rate of one three-inch caliper tree
with a minimum height of eight feet per 30 or less linear feet of
property line abutting a public street/road or railroad. Large trees are
defined as deciduous or evergreen trees with a mature height of 30
feet or greater and a mature spread of 30 feet or greater.
2. One understory tree or large shrub with a minimum height of
eight feet, at the time of planting, shall be required per 500 square
feet. At least 30% of such trees must be deciduous and at least
40% of such trees must be evergreen, which must, when mature be
at a height of 10 to 20 feet.
3. One shrub with a minimum height of 18 inches, at the time of
planting and of a variety that can be expected to reach a minimum
height of 36 inches within five years of planting shall be required per
200 square feet. No more than 30% of such shrubs may be
deciduous. To meet height requirements, a landscaped earth berm
may also be used.
b. Side and Rear Yard Setback Area
1 . One understory tree or large shrub with a minimum height of
eight feet, at the time of planting, shall be required per 500 square
feet. At least 30% of such trees must be deciduous and at least
40% of such trees must be evergreen, which must, when mature, be
at a height of 20 to 30 feet.
2. One shrub with a minimum height of 18 inches at the time of
planning and of a variety that can be expected to reach a minimum
height of 36 inches within five years of planting, shall be required per
200 square feet. Not more than 30% of such shrubs may be
deciduous.
104

c. Additionally, shrubs with a minimum height of 18 inches at
planting and of a variety that can be expected to reach a
minimum height of 36 inches within five years of planting
shall be required along the front and all sides of all buildings
which can be seen from the street, road or highway.
d. The landscaping requirements of this section, and as
required elsewhere in this ordinance, may be satisfied by
preexisting trees and shrubs, newly planted trees and shrubs
or a combination of both.
C. Additionally, the planting of new trees or maintenance of preexisting
trees elsewhere on the lot or parcel (beyond those required by this
ordinance), which conserve and/or enhance the appearance of the
lot or parcel is encouraged.
D. The owner of any property where landscaping is required shall be
responsible for the maintenance of all required vegetation and the
replacement of any required tree or shrub that dies. Landscaped
areas shall be kept in a neat and orderly manner, free from refuse
and debris. Failure to comply with the landscaping requirements
set forth herein shall be remedied in accordance with the
enforcement provisions of this ordinance.
E. Notwithstanding any of the above, no trees or shrubs are required
in any area of a lot for which sight clearance for vehicles is required
or where entrance and/or exit driveways are located.
F. Native or xeriscaping trees shall be used in; refer to the State Champion
by the North Carolina Forest Service or the American Forestry Association;
11.3 Screening and/or Buffering
Screening and/or buffering between two lots lessens the transmission from one lot to
another of noise, dust, glare and visual pollution. Even minimal screening and/or
buffering can provide an impression of separation of spaces and more extensive
screening can shield one use from the visual assault of an adjacent use.
Table 11-1, in conjunction with the explanations in A. Descriptions of Screens/Buffers
establishes screening requirements that, presumptively, satisfy general standards.
However, this table is only intended to establish a presumption and should be flexibly
administered in accordance with other material elsewhere in this screening section.
The zoning districts contained in Table 11-1 are keyed to each other to show the
presumptuous screening/buffering required where one zoning district adjoins another
105

zoning district. The letter designations refer to the types of screening/buffering as
described in A. Descriptions of Screens/Buffers.
To determine the type of screen and/or buffering needed on a given lot or parcel of land:
1 . Determine how the lot in question is zoned, using the left side column as a
reference;
2. Determine how the adjoining lot(s) or parcel(s) of land is zoned and then use the
top row as a reference;
3. Follow the column of zoning classification to the right as you follow the adjoining
property classification from the top; and
4. The letter type of A, B, or C at the point of intersection determines the type of
screen and/or buffering needed and is keyed to the three descriptions of screening
as described in A. Descriptions of Screens/Buffers.
A. Descriptions of Screens/Buffers
The following three basic types of screens are hereby established and are used
as the basis for the Table of Screening Requirements set forth in Table 11.1 .
Opaque Screen, Type A. A screen that is opaque from the ground to a height of
at least six feet, with intermittent visual obstructions from the opaque portion to a
height of at least 20 feet. An opaque screen is intended to exclude completely all
visual contact between uses and to create a strong impression of spatial
separation. The opaque screen may be composed of a wall, fence, landscaped
earth berm, planted vegetation or existing vegetation. Compliance of planted
vegetative screens or natural vegetation will be judged on the basis of the average
mature height and density of foliage of the vegetation. The opaque portion of the
screen must be opaque in all seasons of the year. At maturity, the portion of
intermittent visual obstructions should not contain any completely unobstructed
openings more than ten feet wide. The portion of intermittent visual obstructions
may contain deciduous plants.
Semi-Opaque Screen, Type B. A screen that is opaque from the ground to a height
of three feet, with intermittent visual obstruction from above the opaque portion to
a height of at least 20 feet. The semi-opaque screen is intended to partially block
visual contact between uses and to create a strong impression of the separation
of spaces. The semi-opaque screen may be composed of a wall, fence,
landscaped earth berm, planted vegetation or existing vegetation. Compliance of
planted vegetative screens or natural vegetation will be judged on the basis of the
average mature height and density of foliage of the subject species or field
observation of existing vegetation. At maturity, the portion of intermittent visual
obstructions should not contain any completely unobstructed openings more than
ten feet wide. The zone of intermittent visual obstruction may contain deciduous
plants.
106

Broken Screen, Type C. A screen composed of intermittent visual obstructions
from the ground to a height of at least 20 feet. The broken screen is intended to
create the impression of a separation of spaces without necessarily eliminating
visual contact between the spaces. It may be composed of a wall, fence,
landscaped earth berm, planted vegetation or existing vegetation. Compliance of
planted vegetative screens or natural vegetation will be judged on the basis of the
average mature height and density of foliage of the subject species or field
observation of existing vegetation. The screen may contain deciduous plants.
Table
11.1 TABLE OF SCREENING AND/OR BUFFERING REQUIREMENTS
R MU I and IL HC RA
R C A A A C
MU A C B B A
I A B C B A
HC A B B C A
RA C A A A C
R represents Residential and includes R-1 and R-2 Zoning Districts
B represents Business and includes MU Zoning District
I represents Industrial Zoning District and the Industrial Light Zoning District
HC represents Heavy Commercial Zoning District
RA represents Residential Agriculture Zoning District
A represents opaque screen
B represents semi-opaque screen
C represents broken screen
B. Flexibility in Administration Required.
The Board of Commissioners recognizes that, because of the wide variety of types
of developments and the relationships between them, it is neither possible nor
prudent to establish inflexible screening requirements. Therefore, as provided in
this section, the permit-issuing authority may permit deviations from the
presumptive requirements of A. Descriptions of Screens/Buffers and may require
either more intensive or less intensive screening whenever it finds such deviations
are more likely to satisfy the standard set forth in the screening and/or buffering
are of this ordinance without imposing unnecessary costs to the developer.
Without limiting the generality of division A. Descriptions of Screens/Buffers, the
permit-issuing authority may modify the presumptive requirements for:
1 . Commercial developments located adjacent to residential in business zoning
districts;
2. Commercial uses located adjacent to other commercial uses within the same
zoning district; and
3. Uses located within planned unit developments.
107

Whenever the permit-issuing authority allows or requires a deviation from the
presumptive requirements set forth in A. Descriptions of Screens/Buffers, it shall enter
on the face of the permit the screening requirement that it imposes to meet the
standard set forth in this subchapter and the reasons for allowing or requiring the
deviation.
C. Combination of Uses.
In determining the screening requirements that apply between a combination use and
another use, the permit-issuing authority shall proceed as if the principal uses that
comprise the combination use were not combined and reach its determination
accordingly, replying on the table set forth in A. Descriptions of Screens/Buffers.
When two or more principal uses are combined to create a combination use, screening
shall not be required between the component principal uses unless they are clearly
separated physically and screening is determined to be necessary to satisfy the standard
set forth in A. Descriptions of Screens/Buffers.
D. Exception
When undeveloped land is subdivided and undeveloped lots only are sold, the subdivider
shall not be required to install any screening and/or buffers. Screening shall be required,
if at all, only when the lots are developed and the responsibility for installing such
screening shall be determined in accordance with the other requirements of this
subchapter.
11.4 Smoke, Dust, Fumes, Vapors, Gases, and Odors
A. Emission of smoke, dust, dirt, fly ash, or other particulate matter, or noxious, toxic
or corrosive fumes, vapors, or gases in such quantities as to be evident or
perceptible at the property line of any lot on which a use is conducted, or that could
be injurious to human health, animals, vegetation, or that could be detrimental to
the enjoyment of adjoining or nearby properties, or that could soil or stain persons
or property, at any point beyond the lot line of the commercial or industrial
establishment creating that emission shall be prohibited.
B. No use shall be permitted to produce harmful, offensive, or bothersome odors,
scents, or aromas (such as, but not limited to, those produced by manufacturing
processes, food preparation, food processing, fish sales, rendering, fermentation
processes, decaying organic matter, and incinerators) perceptible beyond the
property line of the lot where such use is located either at ground level or any
habitable elevation.
108

C. The location and vertical height of all exhaust fans, vents, chimneys, or any other
sources discharging or emitting smoke, fumes, gases, scents or aromas shall be
shown on the application plans, with a description of the source materials.
11.5 Ground Water Supply
A. All outdoor storage facilities for fuel, chemical, or industrial waste, and potentially
harmful raw materials, shall be located on impervious pavement, and shall be
completely enclosed by an impervious dike high enough to contain the total volume
of liquid kept in the storage area, plus the accumulated rainfall of a fifty (50) year
storm. This requirement is intended to prevent harmful materials from spilling and
seeping into the ground and contaminating the groundwater.
B. Non-corrosive storage tanks for heating oil and diesel fuel, not exceeding two
hundred seventy-five (275) gallons in size, may be exempted from the
requirements of this Section provided that there is no seasonal high-water table
within four (4) feet of the surface, and that rapidly permeable sandy soils are not
present.
11.6 Air Pollution
A. Any operations or uses involving manufacturing, processing, creating, repairing,
renovating, painting, cleaning, assembling of goods, merchandising, and
equipment (either in, or outside of, fully enclosed buildings); automobile repair or
body shops; or retail sales establishments with subordinate manufacturing and
processing facilities that emit any "air contaminant" (as defined in NCGS 143-213
(Definitions)) shall comply with applicable State standards concerning air pollution,
as set forth in Article 21B (Air Pollution Control) of Chapter 143 (State
Departments, Institutions, and Commissions) of the North Carolina General
Statutes.
B. No Zoning Compliance Permit or Special Use Permit may be issued with respect
to any development covered by Subsection A until the State Division of
Environmental Management has certified to the permit issuing authority that the
appropriate State permits have been received by the developer (as provided in
NCGS 143-215.108 (Control of Sources of Air Pollution; Permits Required)) or that
the developer will be eligible to receive such permits, and that the development is
otherwise in compliance with applicable pollution laws.
11.7 Disposal of Liquid Wastes
A. No operations or uses involving manufacturing, processing, creating, repairing,
renovating, painting, cleaning, assembling of goods, merchandising, and
equipment (either in, or outside of, fully enclosed buildings); automobile repair or
109

body shops; or retail sales establishments with subordinate manufacturing and
processing facilities in any district may discharge any waste contrary to the
provisions of NCGS 143-214.2 (Prohibited Discharges).
B. No operations or uses involving manufacturing, processing, creating, repairing,
renovating, painting, cleaning, assembling of goods, merchandising, and
equipment (either in, or outside of, fully enclosed buildings); automobile repair or
body shops; or retail sales establishments with subordinate manufacturing and
processing facilities in any district may discharge into the County sewage
treatment facilities any waste that cannot be adequately treated by biological
means.
11.8 Electrical Disturbance or Interference
No operations or uses involving manufacturing, processing, creating, repairing,
renovating, painting, cleaning, assembling of goods, merchandising, and equipment
(either in, or outside of, fully enclosed buildings); automobile repair or body shops; or retail
sales establishments with subordinate manufacturing and processing facilities may:
1. Create any electrical disturbance that adversely affects any operations or
equipment other than those of the creator of such disturbance; or
2. Otherwise cause, create, or contribute to the interference with electronic signals
(including television and radio broadcasting transmissions) to the extent that the
operation of any equipment not owned by the creator of such disturbance is
adversely affected.
11.9 Exterior Lighting
There are two (2) characteristics of light which are commonly referred to as glare. One is
the illumination or amount of light falling on a unit surface. The other is the intensity of
light at the source. Both of these factors are a function of the wattage of a given light
source, the type and design of the luminaire, and the height of the light source. The
illumination regulations set forth in this section, are designed to ensure that no light is
emitted above a horizontal line parallel to the ground. In order to achieve total cutoff at
ninety (90) degrees, a luminaire shall emit maximum candlepower at an angle not
exceeding seventy-five (75) degrees.
A. ILLUMINATION NUISANCE PROHIBITED.
No activity on private property shall generate light that creates a nuisance to
surrounding properties, as determined by the Zoning Administrator.
B. ILLUMINATION STANDARDS.
110

The following standards are required of all pole-mounted exterior lighting except
the outdoor recreational uses specifically exempted. Many uses have the option of
providing a lower post with a non-cutoff type luminaire or a higher pole, up to fifty
(50)feet, with a luminaire that totally cuts off light spillover at a cutoff angle smaller
than ninety (90) degrees. The maximum height of light post permitted is dependent
upon the amount of cutoff provided. This is designed as a protection against
excessive glare and light spilling over to neighboring properties.
1. EXTERIOR LIGHTING.
Exterior lighting shall meet one of the following standards:
(a) Luminaries with No Cutoff:
(1) Residential Properties:
A Maximum permitted height of fifteen (15) feet.
B. Maximum permitted illumination of two-tenths (0.20)
foot-candle.
(2) Non-residential properties:
A. Maximum permitted height of luminaire of twenty (20)
feet.
B. Maximum permitted illumination of three-tenths (0.30)
foot-candle.
(b) Luminaries With Total Cutoff Angle Greater Than Ninety (90)
Degrees:
(1) Residential Properties:
A. Maximum permitted height of luminaire of twenty (20)
feet.
B. Maximum permitted illumination of five-tenths (0.50)
foot-candle.
(2) Non-residential Properties:
A. Maximum permitted height of luminaire of forty (40)
feet.
B. Maximum permitted illumination of one (1 .0) foot-
candles.
(c) Luminaries with Total Cutoff of Angle Less Than Ninety (90)
Degrees. Luminaries with a total cutoff of angle less than ninety (90)
degrees and located so the bare light bulb, lamp, or light source is
completely shielded from the direct view of an observer five (5) feet above
ground at the point where the cutoff angle intersects the ground, then the
maximum permitted illumination and the maximum permitted height of the
luminaire shall be as follows:
(1) Residential Properties:
A. Maximum permitted height of luminaire of twenty-five
(25) feet.
111

B. Maximum permitted illumination of one (1.0) foot-
candle.
(2) Nonresidential Properties:
A. Maximum permitted height of luminaire of fifty (50)feet.
B. Maximum illumination of one (1.0) foot-candles.
(d) Requirements for Stadiums. Because of their unique requirements
for providing greater night-time visibility, their need to ensure public safety,
and their limited hours of operation; stadiums (which include ball diamonds,
playing fields, and tennis courts) are exempted from the exterior lighting
standards as specified in (a), (b), and (c) above. A lighting plan for stadiums
shall be established at the time that the request for exterior lighting is made.
Each lighting plan shall take into consideration the follow standards:
(1) The height of the stadium light shall be the minimum height
necessary to provide thirty (30) foot-candles of illumination on
the playing surface, but shall not exceed one hundred (100)
feet in height. The height of the stadium light may be
increased if the resulting illumination will reduce glare and
spillover illumination.
(2) The distance from any adjacent residential property to the
stadium light pole shall be at least one and one half(1 1/2)the
height of the luminaire. Public rights-of-way which fall
between a stadium light and adjacent residential property may
be used to calculate this minimum distance.
(3) To the maximum extent possible, existing mature vegetation
shall be maintained to screen residential properties from
effects of stadium lighting.
C. Lighting Plan
Measurement/Exterior Lighting Plan. When any exterior lighting is to be installed
or substantially modified and/or whenever a zoning certificate is sought in which
exterior lighting is to be used, an exterior lighting plan illustrating photometric
pattern and foot-candle levels shall be submitted to the Land Use Administrator
that certifies the level of illumination required in this section.
112

Article 12, SUPPLEMENTAL REQUIREMENTS FOR SPECIFIC USES
12.1 Application of Supplemental Requirements for Specific Uses
The supplemental standards listed herein are additional to other requirements in this Ordinance.
These requirements are use specific and apply to certain uses permitted with a Zoning
Compliance Permit or a Special Use Permit. Uses requiring a Special Use Permit shall be
subject to these standards and any additional standards or conditions required by this Ordinance
and the granted Special Use Permit.
12.2 Adult Day Care Facility
A. A floor plan of the proposed adult day care facility showing the use and dimensions of
each room and the location of entrances and exits shall be submitted with the application.
B. The lot on which the adult day care facility is located shall have access onto an arterial or
collector street in residential zoning districts.
C. The minimum requirements to qualify for a State of North Carolina Adult Day Care Facility
License shall be satisfied.
D. A statement from the appropriate public service agencies concerning the method and
adequacy of water supply and wastewater treatment for the proposed use shall be submitted
with the application.
E. A statement from the appropriate public service agencies concerning the provision of fire,
police and rescue protection to the site and structures shall be submitted with the application.
F. Adequate access to and from the site, as well as adequate space off the road right-of-
way, is provided for the safe pick-up and discharge of clients and is provided in such a manner
that traffic generated by the facility is not disruptive to adjacent residentially developed
properties.
G. Fencing and/or screening shall be provided that assures the protection of clients receiving
care, protects adjacent residentially developed properties from trespass, effectively screens the
view of any outdoor recreational areas, and reduces noise associated with the operation of the
use.
H. Building plans for all building areas intended for public use shall be reviewed and
approved by the Fire Marshal and Moore County Building Inspections prior to the issuance of
any Certificates of Occupancy. In those cases where a Certificate of Occupancy is not required,
the applicant shall schedule a site inspection with the Fire Marshal and Building Inspector and
113

submit documentation of site approval to the Administrative Officer prior to commencing the
operation.
12.3 Agricultural and Farming Operations Including Livestock
A. New farm buildings designed to house livestock shall be located at least fifty (50) feet
from any property line.
B. Stables shall be at least one hundred (100) feet from any off-site residences. Pens,
chicken coops, corrals or similar enclosures where livestock are kept, shall be located at least
one hundred (100) feet away from any property line. Drainage shall be provided for the pen or
enclosure so as not to create areas for breeding flies or mosquitoes. Grazing land shall be
exempt from this regulation.
C. The minimum site size for an animal feeding operation is three (3) acres.
D. Chickens may be kept for purposes other than as part of a bona fide agricultural operation,
provided that they shall be allowed only in the RA, R-1 and R-2 zoning districts subject to the
following additional requirements.
1. Maximum Number of Animals. Any number of chickens may be kept on a single lot,
provided the minimum acreage requirement is one chicken per 5000 square feet of lot area
is met.
2. Additional Requirements for Chickens.
a. Chickens are the only type of domestic fowl permitted pursuant to this ordinance.
b. Roosters are prohibited.
c. Chickens, roosters and other domestic fowl living outside the planning and zoning
jurisdiction of the town may be brought into the town planning and zoning jurisdiction for
temporary events such as festivals and other special events, provided that no such fowl
shall be allowed to remain for more than three (3) days.
d. Coops and yarding areas (i.e., the areas where chickens roam outside the coop) shall be
located in back yards or pastures/fields located to the rear of a dwelling. No coop or
yarding area may be located in a front or side yard, pasture or field.
e. Chickens shall be kept in coops at night time, but they may be allowed to roam during the
day in the yarding area.
f. Coops and yarding areas shall be fully enclosed by a perimeter fence. Coops shall be
located within the yarding area and shall be set back either a minimum of thirty (30) feet
from solid perimeter fencing or a minimum of one hundred (100) feet from open wire
perimeter fencing.
g. Slaughter is not allowed.
h. Provided that the requirements of this section are met, no certificate of zoning compliance
shall be required for coops or yarding areas.
i. Nonconforming situations: The effective date of this ordinance is November 9, 2015.
Coops and yarding areas that were lawful prior to the effective date of this ordinance shall
be subject to Article 2, Nonconforming Situations, of this code. The owners of coops and
114

yarding areas that were unlawful prior to the effective date of the ordinance shall have six
(6) months from the effective date to bring said coops and yarding areas into conformity
with this ordinance. Roosters living within the planning and zoning jurisdiction of the town
as of the effective date of this ordinance may remain until they die, but they shall not be
replaced. Chickens or other domestic fowl living within the planning and zoning jurisdiction
of the town as of the effective date of this ordinance that are illegal or lawful
nonconformities with respect to this ordinance may remain until they die, but they shall not
be replaced. [Am. Ord. 11/9/15]
E. The keeping of miniature goats (also known as Pygmy, Dwarf, and Miniature Goats with
a maximum weight of 100 pounds) as pets on premises zoned for single family dwellings or
developed with a single family dwelling on lots 20,000 square feet or larger is allowed subject to
the following requirements:
1 . All miniature goats shall be dehorned.
2. Male goats shall be neutered.
3. No more than, and no less than two miniature goats shall be kept on the premises,
except that offspring may be kept onsite up to twelve weeks from birth. This
language presumes that a professional offsite breeder is used.
4. Miniature goats shall be housed in a shed designed to be:
a. Predator-proof;
b. Thoroughly ventilated;
c. Easily accessed and cleaned;
d. Watertight and draft free;
e. A minimum of 10 square feet of interior space; and
f. Located at least 40 feet from property lines.
5. Direct access to an outdoor enclosure shall be provided with the outdoor enclosure
designed to be:
a. Secured with a solid minimum five (5) foot tall fence;
b. A minimum of 400 square feet;
c. Secured from the outside in a manner that prevents the miniature goats
from escaping;
d. Free of objects that would enable the goats to climb out of the enclosure;
and
e. Easily accessed and cleaned.
6. The owner of the miniature goats shall sign a statement that the goats cannot
present a nuisance to adjoining property owners due to: escaping goats, noise,
owner, flies, dead animals or any noncompliance with this section. If three such
events happen in one rolling calendar year, the goats shall be removed from the
property and cannot be replaced until changes are made and the town is assured
that such events will not occur again.
12.4 Arcade/Game Room (Amended 2/14/11)
A. Subject to the requirements of Chapter 6 Amusements and Entertainment of the Town of
Vass Code of Ordinances.
115

12.5 Automatic Teller Machine, Freestanding
A. The machine shall be located in such a fashion that vehicles using or waiting to use such
machine do not interfere with vehicles seeking to enter or leave parking areas.
B. Where it is necessary for patrons wishing to park to use such machines to cross a drive-
through lane, crosswalks leading from parking areas to the machine face shall be clearly marked.
C. Freestanding automatic teller machines shall be provided with two (2) stacking spaces.
D. Where no street separates the use from residentially zoned property, at least seventy-
five (75) feet of separation shall be maintained between the residential lot line and the drive-
through lane of the automatic teller machine.
12.6 Automobile Repair Shop or Body Shop
A. Buildings shall be located forward towards the street and parking and vehicle storage
areas shall be located to the rear of the lot whenever possible. Applicable setbacks shall be
observed.
B. Hazardous materials and byproducts such as fuel, lubricants, antifreeze (ethylene glycol),
asbestos, freon, carbon monoxide, automobile batteries, and solvents must be registered,
stored, handled, and disposed of in accordance with all State and Federal regulations.
C. All such uses shall be subject to the performance standards listed in Article 11 (Non-
Residential Performance Standards), Sections 11.2 (Smoke, Dust, Vapors, Gases, and Odors)
through 11.6 (Electrical Disturbance or Interference).
D. Any vehicle stored on a lot where such use occurs must have a valid registration, be
stored in a substantially enclosed structure, or located within a fenced or walled enclosure.
Fences and/or walls used for such enclosure shall be at least six (6)feet in height and completely
opaque.
E. The Fire Marshal shall review and approve a submitted fire protection plan submitted by
the applicant.
F. No outdoor servicing, repair or disassembly of vehicles shall be permitted.
G. Outside storage of secondhand material for resale shall be prohibited.
12.7 Automobile Service Stations
A. A minimum lot size of twenty thousand (20,000) square feet shall be provided. If the
rental of trucks, trailers, etc. is proposed as an accessory use, the minimum lot size required
shall be increased by ten thousand (10,000) square feet.
116

B. The lot shall front on a collector or arterial street and have direct access thereto.
Proposals for lots with double frontage that desire multiple driveways shall be limited to one (1)
cut on the higher classified street. Additional cuts shall be on streets of lower classification.
Driveway Permits shall be approved by the North Carolina Department of Transportation
(NCDOT) for access to State roads.
C. Adequate provision shall be made for ventilation and the dispersion and removal of
fumes, and for the removal of hazardous chemicals and fluids.
D. Air compressors, hydraulic hoists, pits, repair equipment, greasing and lubrication
equipment, auto-washing equipment, and similar equipment shall be entirely enclosed within a
building.
E. No outside storage of materials shall be permitted. The number of vehicles stored
outdoors shall not exceed the number of service bays at the establishment.
F. There shall be no more than two (2) gasoline service islands.
G. A maximum of three thousand (3,000) feet of gross floor area shall be permitted on the
lot.
H. Certification by a registered, licensed engineer shall be required to ensure the prevention
of petroleum and petroleum related product runoffs into the existing municipal storm drainage
system.
The Fire Marshal shall review and approve a submitted fire protection plan submitted by
the applicant.
J. All garbage and refuse shall be stored in mechanical loading containers located near the
rear of the lot or building, but not less than twenty (20) feet from any adjacent property lines.
K. A lighting plan shall be submitted that allows for minimum brightness for safety and that
also includes fixture details, light intensity contours and overlap, and a statement regarding light
trespass on adjacent properties. No lights should shine into oncoming vehicles.
L. No automobile service station shall be located within two hundred (200) feet of any pre-
existing school, playground, church, library or community center as measured from any point on
the property line.
M. No portion of any building or associated equipment shall be closer than twenty-five (25)
feet to any property line.
N. Buildings shall be located forward towards the street and parking and vehicle storage
areas shall be located to the rear of the lot whenever possible.
117

12.8 Automobile Towing and Wrecker Service
A. All principal and accessory towing and wrecker service uses must meet the requirements
contained herein.
1 . Any outdoor vehicle storage area shall be located a minimum of one-hundred (100)
linear feet from any street right-of-way and two-hundred (200) linear feet from any
residential zoning district.
2. If the lot containing the use is located within three-hundred (300) feet of a
residential zoning district, a Special Use permit shall be required.
3. All damaged and wrecked vehicles must be parked in delineated parking spaces.
4. No more than 10 vehicles may be stored outside at any one time.
5. Vehicle storage facilities shall not be located at an elevation whereby the storage
is visible from a public street after the required screening is in place.
6. In all residential and mixed use zoning districts, whenever a storage area faces a
public street, the following requirements shall apply:
a. All screening requirements must be sufficiently opaque to materially screen
the storage area at the time the certificate of occupancy is issued.
12.9 Bed and Breakfast Establishments
A. The following information shall be submitted as part of the application:
1 . A description of the proposed use(s)of the site and the buildings thereon, including
the following:
a. Amount of area allocated to each use;
b. Number of full and part-time employees;
c. Number of clients and/or occupants expected to use the facility;
d. Proposed hours of operation for non-residential uses of the site and within
buildings thereon.
B. The use must be owned and operated by a resident owner.
C. The use shall be located in a structure that was originally constructed as a dwelling.
D. Meals served on the premises shall be for guests of the facility only.
118

E. A statement from the appropriate public service agencies concerning the method and
adequacy of water supply and wastewater treatment for the proposed use shall be submitted as
part of the application.
F. A statement from the appropriate public service agencies concerning the provision of fire,
police and rescue protection to the site and structures shall be submitted with the application.
G. Outdoor events (e.g., weddings, receptions, parties) or similar activities conducted for
compensation shall be permitted only if there is sufficient overflow parking available on site.
Overflow parking does not have to be paved or graveled but must be on a suitable, even surface.
H. Building plans for all building areas intended for public use shall be reviewed and
approved by the Fire Marshal and Moore County Building Inspections prior to the issuance of
any Certificates of Occupancy. In those cases where a Certificate of Occupancy is not required,
the applicant shall schedule a site inspection with the Fire Marshal and Building Inspector and
submit documentation of site approval to the Administrative Officer prior to commencing the
operation.
Proposed uses and facilities shall be complementary and compatible with the surrounding
area, and appropriate in the location proposed given the character of surrounding development.
J. Each lodging unit shall have direct access to a hall or exterior door.
K. Rooms shall not be equipped with cooking facilities.
L. Parking shall not be permitted in front yards.
M. A proposed bed and breakfast establishment shall not be located within four hundred
(400) feet of an existing bed and breakfast establishment.
12.10 Billiard Parlor, Pool Room (Amended 2/14/11)
A. Subject to the requirements of Chapter 6 Amusements and Entertainment of the Town
of Vass Code of Ordinances.
B. Requires a Special Use Permit.
12.11 Bingo Games (Amended 2/14/11)
A. Subject to the requirements of Chapter 6 Amusements and Entertainment of the Town
of Vass Code of Ordinances.
B. Requires a Special Use Permit.
119

12.12 Car Wash
A. A minimum lot size of twenty thousand (20,000) square feet shall be provided.
B. No outdoor lighting, other than shielded security-type lighting, shall be allowed after 10:00
PM Sunday through Thursday, and after 11:00 PM Friday and Saturday.
C. The application shall include a plan for staffing of the facility in a manner that will assure
that the facility shall be well maintained, with provisions for the regular collection of litter and
debris during each day of operation, for regular care of the landscaping, for adequate protection
of the equipment and structures from vandalism, and for the protection and safety of the
customers.
D. The lot shall front on an arterial or collector street and have direct access thereto.
E. Driveways for car washes shall not be located so as to impede the safe operation of any
intersection.
F. All proposals for car wash facilities shall demonstrate the provision of adequate drainage
systems.
12.13 Cemetery (Commercial)
A. A minimum lot size of one hundred thousand (100,000) square feet shall be provided.
B. Evidence that the requirements of the North Carolina General Statutes, Chapter 65
(Cemeteries), and that the standards of the North Carolina Cemetery Commission can be
achieved shall be submitted with the application.
C. The site shall have direct access to a collector or arterial street. No more than three (3)
access points shall be permitted, and no more than one (1) access point shall be open at any
one (1) time, unless two (2) or more funerals are being conducted within the cemetery.
D. There shall be adequate space within the site for the parking and maneuvering of funeral
entourages and cortege at each proposed burial site.
E. No interments shall take place within thirty (30) feet of any exterior lot line.
F. All interior vehicular access and maneuvering spaces shall be paved.
12.14 Child Day Care Facility
A. A floor plan of the proposed child day care facility showing the use and dimensions of
each room and the location of entrances and exits shall be submitted with the application.
120

B. The lot on which the child day care facility is located shall have access onto an arterial or
collector street in residential zoning districts.
C. Evidence that the facility will meet the minimum requirements to qualify for a State of
North Carolina Child Day Care Facility License are satisfied shall be submitted with the
application.
D. A statement from the appropriate public service agencies concerning the method and
adequacy of water supply and wastewater treatment for the proposed use shall be submitted
with the application.
E. A statement from the appropriate public service agencies concerning the provision of fire,
police and rescue protection to the site and structures shall be submitted with the application.
F. Evidence shall be submitted indicating that adequate access to and from the site, as well
as adequate space off the road right-of-way, is provided for the safe pick-up and discharge of
clients and is provided in such a manner that traffic generated by the facility is not disruptive to
adjacent residentially developed properties.
G. Fencing and/or screening shall be provided that assures the protection of clients receiving
care, protects adjacent residentially developed properties from trespass, effectively screens the
view of any outdoor recreational areas, and reduces noise associated with the operation of the
use. Fences used for screening shall be at least six (6)feet in height and shall be located outside
of any street right-of-way, driveways, and parking areas.
H. Building plans for all building areas intended for public use shall be reviewed and
approved by the Fire Marshal and Moore County Building Inspections prior to the issuance of
any Certificates of Occupancy. In those cases where a Certificate of Occupancy is not required,
the applicant shall schedule a site inspection with the Fire Marshal and Moore County Building
Inspector and submit documentation of site approval to the Administrative Officer prior to
commencing the operation.
I. The minimum play area for Child Day Care Facilities shall be as required by the North
Carolina Child Day Care Licensing Agency.
J. In residential zoning districts, child day care facilities shall not be operated between the
hours of 7:00 PM and 6:00 AM.
12.15 Convenience Store
A. A minimum lot size of twenty thousand (20,000) square feet shall be provided. If the
rental of trucks, trailers, etc. is proposed as an accessory use, the minimum lot size required
shall be increased by ten thousand (10,000) square feet. The site plan shall indicate the area
to be used for display. Spaces for rental vehicles and accessories shall be in addition to any
121

parking spaces required for operation of other operations. Rental activities shall not occupy
more than fifty percent (50%) of the lot area.
B. The lot shall front on a collector or arterial street and have direct access thereto.
Proposals for lots with double frontage that desire multiple driveways shall be limited to one (1)
curb cut on the higher classified street. Additional curb cuts shall be on streets of lower
classification. Driveway Permits shall be approved by NCDOT for access to State roads.
C. Adequate provision shall be made for ventilation and the dispersion and removal of
fumes, and for the removal of hazardous chemicals and fluids.
D. There shall be no more than sixteen (16) pumps.
E. A maximum of three thousand (3,000) feet of gross floor area shall be permitted on the
lot.
F. Certification by a registered, licensed engineer shall be required to ensure the prevention
of petroleum and petroleum related product runoffs into the existing municipal storm drainage
system.
G. The Fire Marshal shall review and approve a submitted fire protection plan submitted by
the applicant.
H. All garbage and refuse shall be stored in mechanical loading containers located near the
rear of the lot or building, but not less than twenty (20) feet from any adjacent property lines.
A lighting plan shall be submitted that includes fixture details, light intensity contours and
overlap, and a statement regarding light trespass on adjacent properties. No direct sources of
light shall be detectable from exterior property lines or a public right-of-way.
J. Food service is authorized as an accessory use, provided it does not exceed twenty (20)
percent of the floor area of the building.
12.16 Convenience Store, Drive-Through
A. A minimum lot size of twenty thousand (20,000) square feet shall be provided. If the
rental of trucks, trailers, etc. is proposed as an accessory use, the minimum lot size required
shall be increased by ten thousand (10,000) square feet. The site plan shall indicate the area
to be used for display. Spaces for rental vehicles and accessories shall be in addition to any
parking spaces required for operation of other operations. Rental activities shall not occupy
more than fifty percent (50%) of the lot area.
B. The lot shall front on a collector or arterial street and have direct access thereto.
Proposals for lots with double frontage that desire multiple driveways shall be limited to one (1)
122

curb cut on the higher classified street. Additional curb cuts shall be on streets of lower
classification. Driveway Permits shall be approved by NCDOT for access to State roads.
C. Adequate provision shall be made for ventilation and the dispersion and removal of
fumes, and for the removal of hazardous chemicals and fluids.
D. There shall be no more than sixteen (16) pumps.
E. A maximum of three thousand (3,000) feet of gross floor area shall be permitted on the
lot.
F. Any entrance/exit doors for pedestrian customer use, if provided, shall be located in such
a manner that a person entering/exiting such business is not required immediately to cross a
drive-through entrance and/or exit lane.
G. Drive-through areas shall be located in such a fashion that vehicles using or waiting to
use such drive-through areas do not interfere with vehicles seeking to enter or leave parking
areas.
H. Where it is necessary for patrons wishing to park and enter such businesses to cross a
drive-through area, crosswalks leading from parking areas to building entrances shall be clearly
marked.
A building housing a drive-through convenience store shall not be located closer than one
thousand (1 ,000) feet to the nearest point of another building housing the same type of store.
J. A minimum of six (6) stacking spaces shall be provided for the facility. One (1) parking
space for each employee on the largest shift shall be provided.
K. Certification by a registered, licensed engineer shall be required to ensure the prevention
of petroleum and petroleum related product runoffs into the existing municipal storm drainage
system.
L. The Fire Marshal shall review and approve a submitted fire protection plan submitted by
the applicant.
M. All garbage and refuse shall be stored in mechanical loading containers located near the
rear of the lot or building, but not less than twenty (20) feet from any adjacent property lines.
N. A lighting plan shall be submitted that includes fixture details, light intensity contours and
overlap, and a statement regarding light trespass on adjacent properties. No direct sources of
light shall be detectable from exterior property lines or a public right-of-way.
12.17 Drive-In Windows, Businesses With
123

A.
/exit doors of such uses shall be located in such a manner that a person entering/exiting such
business is not required immediately to cross a drive-in window exit lane.
B. Drive-in windows shall be located in such a fashion that vehicles using or waiting to use
such drive-in or drive-through facilities do not interfere with vehicles seeking to enter or leave
parking areas.
C. Where it is necessary for patrons wishing to park and enter such businesses to cross a
drive-in window lane, crosswalks leading from parking areas to building entrances shall be
clearly marked.
D. Fast food restaurants and drive-in banks shall be provided with six (6) stacking spaces
per window. Laundry and dry cleaning services shall be provided with three (3) stacking spaces
per window. Film kiosks shall be provided with two (2) stacking spaces per window on each
side of the kiosk. The Town Board of Commissioners shall determine the required number of
stacking spaces for those uses not specified in this Section.
12.18 Electronic Game Promotions (Amended 2/14/11)
A. Subject to the requirements of Chapter 6 Amusements and Entertainment of the Town
of Vass Code of Ordinances.
B. Requires a Special Use Permit.
C. Prohibited as an accessory use as specified in Section 9.2.A.
D. Maximum number of terminals/machines is 20.
12.19 Elementary, Middle, and Secondary Schools (Including
Associated Grounds and Athletic and Other Facilities
A. Site plans submitted for review shall include the following information:
1 . Total student capacity of the school as designed;
2. Total number of employees on the largest shift;
3. Number and dimensions of designated parking spaces for school buses;
4. Number of designated parking spaces for employees, visitors, and
students;
5. Location of student drop off points with stacking spaces identified;
6. Location of all proposed and future athletic fields and structures, including
the total number of seats for spectators and the location of concession
stands, if any are anticipated:
7. Proposed public roadway improvements;
124

8. Existing and proposed infrastructure improvements (water and sewer).
9. A lighting plan shall be submitted indicating the locations of outdoor lighting
fixtures and ensuring that outdoor lighting from athletic field and security
lighting will not spill over onto adjacent properties.
10. A report indicating estimated water usage for structures, landscaping, and
athletic fields shall be submitted with the application.
B. The project shall meet all applicable requirements of this Ordinance and the Town
of Vass Subdivision Regulations.
C. The project shall meet all service provision criteria as set forth below:
1. Fire— identifies the primary and secondary responders and the source(s) of
water.
2. Police — identifies the primary and secondary responders.
3. Rescue Services — identifies the primary and secondary responders.
4. Water Supply— identification of public or private utility source and capacity
of water supply or identification of water source through a water resource
study.
5. Wastewater Treatment Method — provider and capacity of wastewater
treatment source.
D. The minimum lot size shall be, with respect to non-charter public schools, as
required by the School Construction Standards adopted from time to time by the
Moore County Board of Education. The lot size shall be adequate to accommodate
all activities. The proposed manner to handle the maximum number of participants
and patrons for any single event shall be provided while also adhering to safe
vehicular and pedestrian circulation.
E. Access to the school project shall be via existing public roads. A Driveway Permit
issued by NCDOT shall be required when the site takes access from a State
maintained road.
F. There shall be a minimum of two (2) access points to the site. Access points shall
separate student drop-off areas and visitor parking from bus traffic. If school buses
are used, then at least one (1) access shall be limited to school employee and bus
use during normal school hours. All access points shall be located to provide
maximum visibility and safety. No driveway shall be permitted in a location that
will hinder or congest traffic movement on a public street.
125

G. The site shall be designed so as to take advantage of shared use opportunities,
such as use for parks and recreation activities as needed by the Moore
County Parks and Recreation Department.
H. The maximum building height shall be three (3)stories, or forty (40)feet, whichever
is less.
All State permits and licenses that are required for the facility or evidence that the
facility can meet all requirements shall be submitted with the application.
12.20 Event Venue
(A) An event venue may be established to hold weddings, parties, and other
celebrations if the following requirements are met:
1. Such uses shall not be placed in any required yard or setback.
2. Adequate facilities, such as parking and restrooms, shall be provided for the
events and all existing uses on the property.
3. No required landscaped areas or screen areas shall be encroached upon or
occupied by the event use.
4. Vehicular travel ways shall not be blocked in a manner in which emergency
vehicle response would be affected.
5. A site plan, containing sufficient information to show compliance with the above
standards, must be submitted to and approved by the Town Administrator.
6. If adjacent residential uses will be affected or it is deemed that the use will have
community-wide impact, the application may be forwarded to the Board of
Commissioners for review.
12.21 Family Care Home
No family care home shall be located within one-half (1/2) mile of another family care
home. The distance shall be measured by following a straight line from the nearest point
of the lot line of the proposed use to the nearest point of the lot line for the lot on which
the existing facility is located.
12.22 Family Child Care Home
126

A. Family Child Care Homes shall not accept children for care between the hours of
7:00 PM and 7:00 AM.
B. All such uses shall meet any and all applicable regulations for Level-1 Home Based
Businesses, and shall be issued a Level-1 Home Based Business Permit for
operation.
12.23 Forestry and Timbering Operations
A. This Section shall not apply to the following:
1. Forestry activity on forestland that is taxed on the basis of its present-use
value as forestland under Article 12 of Chapter 105 of the General Statutes;
or
2. Forestry activity that is conducted in accordance with a forest management
plan that is prepared or approved by a forester registered in accordance
with Chapter 89B of the General Statutes.
See, G.S. 160D-921 .
B. A minimum of five (5) acres shall be required for forestry operations.
C. A forest management plan shall be prepared in accordance with the most current
edition of Forest Practices Guidelines Related to Water Quality published by the
North Carolina Department of Environment and Natural Resources, Division of
Forest Resources and the applicable provisions of this Ordinance. The forest
management plan shall include, but not be limited to, the following information:
1. A detailed description of the property to be timbered including its current
condition, characteristics of adjacent property, influence on water quality,
identification of cultural and historical resources, and the presence of any
environmentally sensitive features;
2. A narrative description of all harvesting procedures, techniques for
harvesting in sensitive areas, the location of main haul roads, skid trails,
potential log landings and stream or drainage crossings, and timing of
harvest;
3. A reforestation plan, if required; and
4. A depiction of all required buffer areas.
D. Where stump removal, grubbing, or other soil disturbing activities are proposed in
conjunction with tree harvesting, except those preparations for reforestation that
are in accordance with the approved forest management plan, an erosion and
sedimentation control plan shall be submitted to and approved by the North
127

Carolina Department of Environment and Natural Resources, Division of Land
Quality, prior to commencement of any soil disturbing activity.
E. All specimen and/or rare trees shall be protected and preserved during and after
tree harvesting.
F. Fifty (50) foot buffers within which no timbering shall occur shall be provided along
all public roads, and twenty-five (25) foot buffers shall be provided along the side
and rear property lines. Fifty percent (50%) of the crown cover within the side and
rear yard buffers may be harvested.
G. Streamside buffer zones at least fifty (50) feet in width, within which no timbering
may occur, shall be preserved on each side of all perennial and intermittent
streams and perennial water bodies. Upon request, the permit issuing authority
may approve harvesting fifty percent (50%) of the crown cover within the
streamside buffer zone accompanied by a fifty percent (50%) increase of the
streamside buffer zone to one hundred (100) feet. This request must be
accompanied by a recommendation of approval from the North Carolina
Department of Environment and Natural Resources, Division of Forest Resources.
H. All property that is forested or timbered shall be replanted with seedling trees,
within one (1) year or the next growing season after the forestry operation is
completed, unless the applicant can provide sufficient evidence to the permit
issuing authority as to why reforestation is not required. This provision shall not
apply to property that is converted to a bona fide agricultural or improved pasture
use.
If trees are removed from the buffer areas in excess of the provision of Subsections
E and F, the property owner shall be responsible for replanting the number
removed with two and one-half(21/2) inch caliper trees. This provision shall not be
deemed to preclude cutting or thinning necessitated by disease or infestation and
recommended by the North Carolina Department of Environment and Natural
Resources, Division of Forest Resources.
J. Permits issued for Forestry and Timbering Operations shall be posted in a location
that is clearly visible from a public road right-of-way.
12.43 Golf Course (Independent and Country Club)
A. Uses permitted in conjunction with an approved golf course may include the
following:
1 . Maintenance buildings, including equipment and materials storage areas,
repair shops, offices, locker rooms, restrooms and/or showers;
128

2. Clubhouses, including locker rooms, restrooms, showers, storage areas,
offices, dining rooms, kitchens, lobby areas, waiting and coat rooms,
exercise rooms, sauna baths, steam rooms, massage rooms, handball and
racquetball courts, and bar and lounge areas;
3. Pro shops, including sale of athletic equipment and clothing, athletic
equipment service, storage and repair areas, snack bars, and/or short order
grills, offices, and general storage areas. Pro shops may be operated in
conjunction with a club house facility or separate from a club house. In the
latter situation, a pro shop may also include facilities normally found in
association with it. Such facilities may include but not be limited to a bar
and lounge area, locker rooms, restrooms and showers;
4. Spectator stands or bleachers;
5. Rest stations or shelters;
6. Golf cart storage areas;
7. Practice greens and driving ranges;
8. Tennis courts;
9. Swimming and wading pools and diving areas.
B. A minimum lot size of sixty (60) acres shall be provided for each nine (9) hole
regulation golf course. A minimum lot size of twenty-five (25) acres shall be
provided for each nine (9) hole executive golf course. A minimum lot size of twenty
(20) acres shall be provided for each nine (9) hole par-three (3) golf course. Golf
courses having more than nine (9) holes shall meet the minimum lot area
requirement for each type of course noted above.
C. All parking and loading areas shall be graded and drained so as to dispose of all
surface water without erosion or flooding.
D. Storm sewers and water and sewage disposal systems shall be designed by a
registered, licensed engineer. All utilities shall be installed underground.
E. A lighting plan shall be submitted with the application. Lighting, if provided, shall
be so designed and located as to be directed away from residential areas or
shielded to protect such areas.
F. A construction time and phasing schedule for the facility shall be submitted with
the application.
129

12.25 Golf Driving Range Not Accessory to a Golf Course
A. The following information shall be submitted as part of the application:
1 . A site plan showing all existing and proposed buildings, tee areas, lawn
areas, and distances to nearest residential structures;
2. Access road(s) to the site, as well as on-site parking and roads, with an
indication of the type of proposed surface.
B. Unless public sewer is proposed to be extended, the adequacy for the method of
sewage disposal will be determined by the lot size and soil suitability. Appropriate
letters from the Moore County Environmental Health Department, local
jurisdictions and/or State Division of Environmental Management shall be
submitted to indicate preliminary approval.
C. A fifty (50) foot wide planted buffer shall be observed around the perimeter of the
property and shall not be included in the required dimensional area required for
the use.
D. The depth of a range along a driving axis shall be not less than three hundred-fifty
(350) yards measured from the locations of the tees, and the breadth not less than
two hundred (200) yards at a distance of three hundred-fifty (350) yards from the
tee.
E. Service to customers shall be halted at dusk. Lighting of the driving and practice
range is not permitted.
F. Fencing, netting, trees, berms, or other control measures shall be provided around
the perimeter of the driving area so as to prevent golf balls from leaving the driving
area.
G. The amount of noise generated shall not disrupt the activities of the adjacent land
uses.
12.26 Group Care Home
A. The proposed facility shall not be located within one-half (1/2) mile of an
existing group care home. The distance shall be measured by following a
straight line from the nearest point of the lot line of the proposed use to the
nearest point of the lot line for the lot on which the existing facility is
located.
130

B. Operators shall have a license, permit or letter of approval from the State of North
Carolina agency responsible for supervising and issuing approvals for the type of
group care home being requested.
12.27 Home-Based Business, Level-1
A. No level-1 home-based business shall be conducted until an application for a
Level-1 Home-Based Business Permit has been reviewed and approved by the
Administrative Officer or his/her designee. The application shall include the
following:
1 . The address of the property;
2. The resident's name;
3. The owner's name (if different than resident);
4. The type of business and business activities;
5. Parcel Identification Number (PIN) and Tax Identification Number, and
LRK/Land Records Number;
6. The number of employees;
7. The location and area of the level-1 home-based business;
8. The vehicles used in the level-1 home-based business;
9. The number of expected customer visits per day and at any one (1) time.
10. Moore County Environmental Health approval where the Level-1 home
based business will be located on property served by an on-site septic
system.
B. The Level-1 Home-Based Business Permit is valid for a one (1) year period and
must be renewed if the residence continues to be used for business activities. The
level-1 home-based business activities shall not use more than twenty-five percent
(25%) of the total gross floor area of the principal residential structure. The
Administrative Officer has the right to inspect the level-1 home-based business
and premises to check for compliance with the level-1 home-based business
regulations.
C. Customer/client visits to the home-based business are limited to the hours of 8:00
AM to 8:00 PM. The level-1 home-based business shall not generate more than
131

ten (10) customer/client visits in any one (1) day and no more than two (2)
customers/clients can be present at any one (1) time.
D. The level-1 home-based business shall have no more than one (1) non-resident
employee on the premises at any one (1) time. The number of non-resident
employees working at locations other than the level-1 home-based business is not
limited.
E. Delivery vehicles used to deliver goods to the level-1 home-based business are
limited to passenger vehicles, mail carriers, and express carriers such as UPS
(United Parcel Service). Deliveries shall be permitted between 8:00 AM and 6:00
PM.
F. The level-1 home-based business shall be limited to the parking/storage of one (1)
commercial vehicle on the premises, not exceeding a one (1) ton capacity.
G. Level-1 home-based businesses are not required to provide any additional parking
beyond what is required for the residential use.
H. The equipment used by the level-1 home-based business and the operation of the
level-1 home-based business shall not create any vibrations, heat, glare, dust,
odors, or smoke discernable at the property lines, generate noise discernable by
the human ear at the property lines from 8:00 AM to 7:00 PM, generate any noise
discernable by the human ear at the property lines from 7:00 PM to 8:00 AM, create
any electrical, magnetic or other interference off the premises, consume utility
quantities that negatively impact the delivery of those utilities to surrounding
properties, or use and/or store hazardous materials in excess of quantities
permitted in residential structures.
I. The Administrative Officer shall forward a copy of the issued permit to the Moore
County Tax Assessor's Office for their records.
12.28 Home Based Business, Level-2
A. No level-2 home-based business shall be conducted until the applicant has
completed an application showing the following information:
1. The address of the property;
2. The resident's name;
3. The owner's name (if different than resident);
4. The type of business and business activities;
132

5. Parcel Identification Number (PIN) and Tax Identification Number, and
LRK/Land Records Number;
6. The number of employees;
7. The location and area of the level-2 home-based business;
8. The vehicles used in the level-2 home-based business;
9. The number of expected customer visits per day and at any one (1) time.
10. Moore County Environmental Health approval where the level-2 home
based business will be located on property served by an on-site septic
system.
B. The Level-2 Home-Based Business Permit is valid for a one (1) year period and
must be renewed if the level-2 home-based business continues to operate. The
Administrative Officer has the right to inspect the level-2 home-based business
and premises to check for compliance with the level-2 home-based business
regulations.
C. The level-2 home-based business may be conducted within and outside of
accessory structures. The level-2 home-based business interior activities shall not
use more than twenty-five percent(25%)of the total gross floor area of the principal
residential structure, and not more than ten percent (10%) of the lot area for
exterior business activities.
D. Customer/client visits to the level-2 home-based business are limited to the hours
of 8:00 AM to 8:00 PM. The level-2 home-based business shall not generate more
than ten (10) customer/client visits in any one (1) day and no more than two (2)
customers/clients can be present at any one (1) time.
E. The level-2 home-based business shall have no more than one (1) non-resident
employee on the premises at any one (1) time. The number of non-resident
employees working at locations other than the level-2 home-based business is not
limited.
F. Delivery vehicles used to deliver goods to the level-2 home-based business are
limited to passenger vehicles, mail carriers, and express carriers such as UPS
(United Parcel Service). Deliveries shall be permitted between 8:00 AM and 6:00
PM.
G. The level-2 home-based business shall be limited to the parking/storage of one (1)
commercial vehicle on the premises, not exceeding a one (1) ton capacity.
H. Level-2 home-based businesses shall provide two (2) hard, gravel or asphalt
paved, dust-free, parking areas located outside of the front and side yard areas.
133

I. The equipment used by the level-2 home-based business and the operation of the
level-2 home-based business shall not create any vibrations, heat, glare, dust,
odors, or smoke discernable at the property lines, generate noise discernable by
the human ear at the property lines from 8:00 AM to 7:00 PM, generate any noise
discernable by the human ear at the property lines from 7:00 PM to 8:00 AM, create
any electrical, magnetic or other interference off the premises, consume utility
quantities that negatively impact the delivery of those utilities to surrounding
properties, or use and/or store hazardous materials in excess of quantities
permitted in residential structures.
J. The Administrative Officer shall forward a copy of the issued permit to the Moore
County Tax Assessor's Office for their records.
12.29 Horse Stable (Private and Public)
A. A minimum of five (5) acres of land is required with a maximum limit of one (1)
horse per acre of pasture land.
B. All stables and fences shall be kept in good repair and in a neat and clean
condition.
C. No part of any manure storage area shall be closer than one hundred-fifty (150)
feet from a property line.
12.30 Horticultural Sales with Outdoor Display
Notwithstanding any other provisions of this Ordinance, if horticultural sales with outdoor
display are proposed for any lot less than five thousand (5,000) square feet in an area
that was in existence on the effective date of this Ordinance, then on-site parking shall
not be required if the permit issuing authority determines that on-site parking is not
feasible or practical or is undesirable from the standpoint of traffic safety.
12.31 Hotels and Motels
A. The lot shall have direct access to an arterial or collector street.
B. The minimum setback from property lines adjoining residentially zoned property or
residential uses for buildings and parking shall be fifty (50) feet. A sight obscuring
hedge or berm shall be installed along the property line adjacent to residentially
zoned or used property.
134

B. Accessory commercial activities such as restaurants and outdoor recreation
facilities such as swimming pools shall not be located along the side of the property
that adjoins residentially zoned or used property.
12.32 Indoor Archery Range
A. No archery activities may occur outside of the building.
B. The building shall be designed such that no one entering into the building or shooting area
can be placed in harm's way.
C. The Police Department shall review the design to ensure that public safety can be assured.
D. All applicable county approvals, shall be received before the indoor archery range may be
used.
12.33 Industry, Major
A. Extractive Industry
1. Extractive Industry. An extractive industry use (including, mining, quarrying, or
drilling) shall comply with the following standards:
(a) Setbacks
(1) The following features shall be located at least 50 feet from any lot line:
(i) The edges of a pit where an extraction operation is located;
(ii) Any equipment used in the processing of rock or gravel; and
(iii) Any asphalt plant or other industrial use operated in conjunction with
an extraction use.
(2) In an instance where the extraction operation site is bounded by a railroad
right-of-way, no setback is required between the railroad right-of-way and the
extraction operation.
(b) A security fence, a minimum of 6 feet in height, shall be provided around the
perimeter of both an existing and abandoned extraction operation.
(c) Rehabilitation
(1) Within 1 year of the cessation of the use, all equipment and stock piles
incidental to the operation shall be dismantled and removed by and at the
expense of the landowner;
(2) Except in an instance where redevelopment for another permitted use is in
progress on the site of an abandoned extractive industry use:
135

(i) Excavations shall be graded to reduce the surface to gently rolling
topography in substantial conformity to the land area immediately
surrounding the site; and planted with a cover of sod, trees, shrubs,
legumes, or grasses, which will minimize erosion; and
(ii) The site shall be drained to prevent the accumulation of standing
water, and channelization of the drainage shall be designed and controlled
so as not to cause erosion or silting of neighboring properties or public
ways, nor to appreciably increase the turbidity of any natural water course,
or to obstruct any existing drainage course.
(d) An operation involving blasting that is discernible beyond the exterior property line of
the use shall only be conducted between the hours of 7:00 AM and 6:00 PM.
(e) Access
(1) Vehicular access shall be constructed with an all-weather surface and be
maintained in a dust-free condition;
(2) Access shall be located no closer than 15 feet to any abutting property line
other than a railroad right-of-way line; and
(3) A plan shall be submitted showing truck routes to and from the site. Such
routes shall be designed to minimize impacts on residential areas, schools, or
other uses negatively affected by truck traffic.
C. Asphalt Plant. An asphalt plant shall comply with the following standards:
(a) Setbacks. An asphalt plant shall be located at least 50 feet from a property
line.
(b) Security Fencing. A security fence, a minimum of 6 feet in height, shall be
provided around the use.
(c) Rehabilitation
(1) Within 1 year of the cessation of the use, all equipment and stock piles
incidental to the operation shall be dismantled and removed by and at the
expense of the landowner;
(2) On the site of an abandoned asphalt plant the site shall be drained to
prevent the accumulation of standing water, and channelization of the
drainage shall be designed and controlled so as not to cause erosion or
silting of neighboring properties or public ways, nor to appreciably
increase the turbidity of any natural water course, or to occlude any
136

existing drainage course, except in an instance where redevelopment for
another permitted use is in progress.
(d) Access
(1) Vehicular access shall be constructed with an all-weather surface and
be maintained in a dust-free condition.
(2) Access roads shall be located no closer than 15 feet from an abutting
property line.
(3) A plan shall be submitted showing truck routes to and from the site.
Such routes shall be designed to minimize impacts on residential areas,
schools, or other uses negatively affected by truck traffic.
12.34 Industry, Minor
A. Outdoor storage shall not be located within the setbacks or a required perimeter
landscape yard.
B. Outdoor storage shall not exceed 75 percent of the property.
C. Outdoor storage areas shall be screened with an opaque fence, wall or approved
landscaping. Equipment shall be screened to prevent off-site views.
D. Storage of hazardous, toxic, or explosive substances shall be prohibited.
12.35 Kennels
A. A description of the methods of construction of pens and kennels in order to
minimize noise and promote healthful conditions, including construction materials,
fencing and climate control shall be submitted with the application.
B. No part of any building, structure, or runway in which animals are housed or
exercised shall be closer than one hundred-fifty (150) feet from a property line,
except property occupied by the owner/operator of the kennel. The minimum
distance from a property line shall be fifty (50) feet if all portions of the facility in
which animals are housed are wholly enclosed within a building.
C. Any kennel that is not wholly enclosed within a building shall be enclosed by a
security fence at least six (6) feet in height, including primary enclosures or runs.
D. The site plan for the proposed facility shall be reviewed by the NC Department of
Agriculture Veterinary Division and a letter to this effect submitted with the
application.
137

E. Building plans for all kennel facilities shall be reviewed and approved by the NC
Department of Agriculture Veterinary Division prior to the issuance of any Zoning
Compliance Permits.
F. The facility shall be designed in a manner to minimize visual contact between
animals and outside influences. The number of windows and doors shall be kept
to a minimum. The facility shall be air conditioned and provided with heat.
G. A sign clearly visible from the ground shall be posted at the main entrance to the
facility and shall contain the names, addresses, and telephone numbers where
persons responsible for the facility may be contacted at any hour of the day or
night. The sign shall comply with the requirements set forth in Article 14 (Signs)
of this Ordinance.
H. Where required by the Moore County Animal Control Ordinance, a Kennel Permit
shall be obtained within the first thirty (30) days of occupancy. Failure to obtain
and maintain a valid Kennel Permit or other related permits that may be required
by the NC Department of Agriculture Veterinary Division will result in revocation of
the permit issued by the Town.
I. Runs shall be constructed to NC Department of Agriculture Veterinary Division
requirements. The open side of the run must be screened from public view.
J. A waste treatment plan shall be submitted to and approved by the Moore County
Environmental Health Department.
K. There shall be no noise generating activities between the hours of 6:00 PM and
8:00 AM.
12.36 Manufactured Homes, Class A (double-wide or multi-sectional)
A. The manufactured home has a length not exceeding four (4) times its width, with
length measured along the longest axis and width measured at the narrowest part
of the other axis.
B. The manufactured home has a minimum of one thousand (1,000) square feet of
enclosed and heated living area,
C. The pitch of the manufactured home's roof has a minimum vertical rise of four (4)
feet for each twelve (12) feet of horizontal run and the roof is finished with a type
of shingle that is commonly used in standard residential construction,
D. All roof structures shall provide an eave projection of no less than six (6) inches,
which may include a gutter,
138

E. The exterior siding consists predominantly of vinyl or aluminum lap siding (whose
reflectivity does not exceed that of gloss white paint), wood, or hardboard, stucco,
or masonry, comparable in composition, appearance, and durability to the exterior
siding commonly used in standard residential construction,
F. The manufactured home has a continuous, permanent masonry foundation or
masonry curtain wall, un-pierced except for required ventilation and access, is
installed under the perimeter of the manufactured home,
G. Stairs, porches, entrance platforms, ramps and other means of entrance and exit
to and from the home shall be installed or constructed in accordance with the North
Carolina State Building Code and shall be attached firmly to the primary structure
and anchored securely to the ground, and
H. The moving hitch, wheels and axles, and transporting lights have been removed.
These criteria are to be met prior to issuance of a Certificate of Occupancy for the home by the
Administrative Officer.
12.37 Manufactured Homes, Class B (single-wide)
A. When located in a manufactured home park, the manufactured home shall be
underpinned and skirted with vinyl or other approved skirting materials
recommended by the manufacturer, un-pierced except for required ventilation and
access,
B. When located on an individual lot, the manufactured home shall have a continuous,
permanent masonry foundation or masonry curtain wall, un-pierced except for
required ventilation and access, and shall be installed under the perimeter of the
manufactured home,
C. Stairs, porches, entrance platforms, ramps and other means of entrance and exit
to and from the home shall be installed or constructed in accordance with the North
Carolina State Building Code and shall be attached firmly to the primary structure
and anchored securely to the ground, and
D. The moving hitch, wheels and axles, and transporting lights have been removed.
E. The manufactured home has a minimum of 980 square feet of enclosed and
heated living area.
These criteria are to be met prior to issuance of a Certificate of Occupancy for the home by the
Administrative Officer.
139

12.38 Manufactured Home Parks
A. A minimum lot size of ten (10) acres with at least ten (10) manufactured home spaces
shall be provided.
B. Each manufactured home space shall contain at least five thousand (5,000) square feet
of land area, and shall be established on the ground by permanent monuments or markers.
C. The maximum density of any manufactured home park shall not exceed two (2) units per
acre in watershed protected areas, and one (1) unit per acre in watershed critical areas.
Impervious surface limits shall apply as specified in Section 13.4 (Impervious Surface Limits).
D. No manufactured home shall be located less than forty (40) feet from a public street right-
of-way. No manufactured home shall be located less than twenty-five (25) feet from the
centerline of an interior park road or any exterior park boundary. No manufactured home shall
be located less than thirty (30) feet from another manufactured home, a manufactured home
addition, or any other residential or non-residential structure.
E. No more than one (1) manufactured home may be placed on an individual manufactured
home space.
F. A plan of the proposed manufactured home park, prepared by a licensed, registered
architect, engineer, or professional land surveyor, drawn to a scale of one inch equals fifty feet
(1"=50') or greater shall be submitted with the application. The plan shall show the following:
1 . The boundary of the tract with accurate linear and angular dimensions and the
acreage of the tract;
2. Title, north arrow, scale, names and addresses of the owner, developer,
professional preparing the plan, and date of plan preparation;
3. A location map showing the general location of the development in relation to
surrounding streets and residential and commercial areas;
4. All existing and proposed topography at contour intervals of five (5) feet or less;
5. The names, proposed location and approximate dimensions of proposed streets,
alleys, driveways, entrances, exits, walkways, easements, recreation areas, park and
open space reservations, manufactured home spaces and stands, and building lines
within the park;
6. The locations of existing and platted property lines, streets, buildings,
watercourses, railroads, bridges, water mains, sewers, culverts, drain pipes, and any
utility easements, both on land to be developed and on land immediately adjoining the
tract. The names of adjoining subdivisions and/or property owners, including those
across the street from the subject property, shall also be shown;
140

7. Profiles of all proposed public or private streets showing natural and finished
grades drawn to a scale of not less than one inch equals forty feet (1" = 40') horizontal
and one inch equals four feet (1" = 4') vertical;
8. Plans of proposed utility layouts (sewer lines, septic tank and drainfields, and water
and storm drainage) showing connections to existing and proposed utility systems;
9. Proposed storm drainage for each manufactured home space and the entire
development including all proposed grading and sewer installations that may be deemed
necessary to insure proper drainage and the elimination of ponding;
10. A detailed drawing at a scale of not less than one inch equals five feet (1" = 5') of
a typical manufactured home space showing the location of the manufactured home
stand, all utility locations and connections, walks, parking spaces, driveways, garbage
storage areas, and all other improvements;
11 . A plan for all electrical installations prepared to meet the State Electrical Code,
and all other local codes and ordinances;
12. The location, size, and type of plantings and screening materials;
13. Impervious surface data.
G. Interior Manufactured Home Park Roads
1 . The manufactured home park shall be provided with hard-surfaced roads or streets
that directly abut all manufactured home spaces, and that are not less than eighteen (18)
feet wide and located within a thirty (30)foot right-of-way. Road surfaces may be asphalt,
concrete, or tar and gravel;
2. Dead-end streets shall be designed as cul-de-sacs and shall not exceed five
hundred (500) feet in length measured from the centerline of the intersecting street to the
center of the bulb of the cul-de-sac right-of-way. Closed ends of dead-end streets shall
be provided with a vehicular turnaround at least sixty-five (65) feet in diameter in a right
of way of at least seventy-five (75) feet in diameter;
3. All roads within the manufactured home park shall intersect a public street or an
interior manufactured home park street;
4. No manufactured home space shall have direct access to a public street;
5. Drainage ditches are required and a three-to-one (3:1) back slope shall be
provided along all public streets or interior manufactured home park streets;
141

6. Where public streets are provided, they shall meet the requirements of the Town
of Vass or the North Carolina Department of Transportation (NCDOT), whichever is
applicable, including street connection requirements.
H. Utilities and Sanitation
1 . The manufactured home park and all occupied units must be connected to Moore
County's public water and sewer system. The applicant shall submit, with the Special
Use Permit application, evidence that water and/or sewer plans have been submitted to
the Moore County Department of Public Utilities to ensure that the proposal will meet the
requirements of the Department's Main Extension Policy. If water and/or sewer are not
available, approved sewage disposal plans, as approved by the Moore County
Environmental Health Department or the North Carolina Department of Environment and
Natural Resources (NCDENR), shall be submitted with the application. It shall be the
responsibility of the property owner to maintain the water and/or septic system(s) until
such time as sewer is available and connection is made;
2. Each space shall have and maintain operational hook-up facilities for water, sewer,
and electricity. Plumbing and electrical connections shall be grouped together within the
manufactured home stand;
3. All garbage and refuse in every manufactured home park shall be stored in suitable
water tight and fly proof metal or plastic receptacles that shall be kept covered with closely
fitting covers. It shall be the duty of the manufactured home park operator to make certain
that all garbage and refuse are regularly disposed of in a sanitary manner;
4. Grounds, buildings, and structures shall be maintained free of insect and rodent
infestation. Extermination methods and other measures to control insects and rodents
shall conform with the requirements of the Moore County Health Department. In addition,
the growth of brush, weeds and grass shall be controlled to prevent harborage to ticks,
chiggers, and other noxious insects. Open areas shall be maintained free of heavy growth
of any description;
5. Storm sewers, sanitary sewer and water systems for all manufactured home parks
shall be approved by Moore County Public Works and shall be designed by a registered,
licensed engineer. Storm sewers, sanitary sewers and water systems shall be installed
in accordance with Moore County Public Works specifications and standards. Should
private water and sewerage systems be provided, such shall meet the requirements of
the North Carolina Department of Environment and Natural Resources (NCDENR).
Where utilities are to be dedicated to the Moore County, as-built drawings of the facilities
shall be presented to Moore County Public Works upon completion;
6. The manufactured home park shall be located so as not to be susceptible to
flooding and graded so as to prevent any water from ponding on the premises. Where
storm drainage pipes are located adjacent to streets, underground drainage facilities with
142

connections to the storm drainage system shall be provided for the manufactured home
park;
7. Each manufactured home stand and space shall be graded to provide adequate
storm drainage away from the manufactured home and such that there will exist no more
than a three (3) foot difference between the chassis of the manufactured home and the
finished grade of the manufactured home stand along the entire perimeter of the
manufactured home proper;
8. Electric, cablevision, and telephone wires shall be installed underground.
Recreation Area Requirements
1 . Adequate and suitable recreation areas to serve the needs of the anticipated population
shall be provided and shall consist of at least the following:
a. One (1) or more play lots for pre-school children shall be provided. There shall be
a minimum area requirement of twelve hundred (1,200) square feet for each one hundred
(100) manufactured homes, with the minimum size of any single facility limited to four
hundred (400) square feet;
b. One (1) or more playgrounds for school age children. There shall be a minimum
area requirement of one (1) acre for each one hundred (100) manufactured homes, with
the minimum size of any single facility limited to ten thousand (10,000) square feet.
J. Landscaping and Buffers
The manufactured home park shall have a planting strip of at least ten (10) feet in width adjacent
to the park boundary extending along the entire perimeter of the manufactured home park. The
planting strip shall not be a portion of any manufactured home space, street, or interior park
street. It shall be planted with evergreen and/or deciduous trees not more than forty (40) feet
apart and adequately landscaped with grass and shrubbery. Trees planted shall be six (6) feet
in height at the time of planting. Existing vegetation may be used to satisfy the buffer
requirement.
K. Other Requirements
1 . Parking
There shall be two (2) required parking spaces for each manufactured home
space. At least one (1) of the two (2) required spaces must be located on or
adjacent to each manufactured home space.
2. Storage Buildings
143

Each manufactured home space may be equipped with a storage building not to
exceed one hundred forty-four (144) square feet gross floor area provided that all
such buildings are located in the rear yard and at least ten (10) feet from the side
and rear manufactured home space and property lines.
3. Tie Down and Anchoring Requirements
Manufactured homes shall be securely anchored to the ground by means of a tie
down system. When the manufactured home is factory equipped with a tie down
system designed by a registered, licensed architect or engineer, then the owner is
to use the manufacturer's set of instructions as the standard for property tie down
procedures. If no such set of instructions is available, or if the system has not been
designed by a registered, licensed architect or engineer, then the set of instructions
for tie down procedures listed in the State of North Carolina Regulations for Mobile
Homes booklet, as amended, and published by the North Carolina Department of
Insurance will be followed.
4. Storage of Possessions
Storage of possessions and equipment in the area beneath a manufactured home
shall be prohibited.
5. Skirting
Each manufactured home shall be installed with skirting manufactured specifically
for such use. The skirting shall be made of a material compatible with the siding
of the manufactured home.
6. Fire Prevention and Detection
In addition to any fire prevention regulations of the Town of Vass, the following
shall apply:
a. The park owner shall install a fire extinguisher in each building open to the
public and in the park office;
b. The park owner or operator shall maintain the park area free of rubbish, dry
brush, leaves, weeds and any other materials that might communicate fires
between manufactured homes and other buildings.
7. Manufactured Home Park Maintenance
Manufactured home park owners and operators shall be required to provide
adequate supervision to maintain the park in compliance with the requirements of
this Ordinance. Further, manufactured home park operators shall keep all park
owned facilities, improvements, equipment and all common areas in good repair
144

and maintained in such a manner as to prevent the accumulation or storage of
materials that would constitute a fire hazard, or would cause insect and rodent
breeding and harborage.
8. Placement and Anchoring
Operators shall be required to supervise the placement of all manufactured homes
to guarantee that they are properly anchored and attached to utilities.
9. Assist County Tax Supervisor
Operators shall be required to comply with NCGS 105-316 (Reports By House
Trailer Park, Marina, and Aircraft Storage Facility Operators), (a), (1), that requires,
as of January 1st of each year, each operator of a park renting lots for six (6) or
more manufactured homes furnish to the County Tax Supervisor the names of the
owners of, and description of, each manufactured home located in the park.
10. Travel Trailers
Travel trailers will not be permitted for living quarters.
11 . The manufactured home park may have a central structure containing a retail sales
counter or coin operated machines for the park residents' use only, provided it is
completely enclosed and there is no exterior advertising, and provided such structures
shall not front on a public street.
12. The manufactured home park may have a resident manager's office and residence
in combination or separately. The office shall meet the same setback requirements as
individual manufactured homes.
L. Manufactured Home Park Operating Permit Required
1. It shall be unlawful for any person to maintain or operate a manufactured home
park within the jurisdiction of this Ordinance unless such person shall first obtain from the
Administrative Officer a Manufactured Home Park Operating Permit renewable every
three (3) years;
2. The Manufactured Home Park Operating Permit shall be issued, and subsequently
renewed, if the Administrative Officer finds that all the provisions of this Ordinance are
being met;
3. At the time of renewal, if the park is not in compliance with the operating standards,
the Administrative Officer shall issue a Temporary Manufactured Home Park Operating
Permit for a period of three (3) months to permit the park owner/operator to comply with
the standards. If corrective action has not been completed at the expiration of the
145

temporary permit, the park owner shall be considered to have chosen not to comply with
the standards and shall be notified he/she is in violation of this Ordinance.
12.39 Manufactured Housing Sales
A. At least sixty percent (60%) of the property must remain open land.
B. A setback of at least fifteen (15) feet from any exterior property line, including
road/street rights-of-way, is required.
C. There shall be a twenty (20) foot separation between manufactured homes and
between a manufactured home and any other structure on the site.
D. No manufactured home sales and display lot may be located within five thousand
(5,000) feet of another manufactured home sales lot.
E. Banner signs shall not be permitted on the site.
F. The submitted site plan shall show the placement plan for the manufactured homes
to be displayed on site.
12.40 Manufacturing, Processing, Creating, Repairing, Renovating,
Painting, Cleaning, Assembly of Goods, Merchandise, and Equipment Where
Operations are Conducted Entirely Within or Outside of Fully Enclosed
Buildings
A. No such use may emit from a vent, stack, chimney, or combustion process any
smoke that is visible to the naked eye.
B. No such use may generate noise that tends to have an annoying or disruptive
effect upon uses located outside the immediate space occupied by the proposed
use.
C. No such use may generate any ground-transmitted vibration that is perceptible to
the human sense of touch measured at the outside boundary of the immediate
space occupied by the enterprise generating the vibration.
D. The use shall not generate any odor that reaches the odor threshold measured at
the outside boundary of the immediate space occupied by the enterprise
generating the odor, or the lot line if the enterprise generating the odor is the only
enterprise located on the lot.
146

E. The Permit shall not be issued until the North Carolina Department of Environment
and Natural Resources, Division of Air Quality, has certified to the permit-issuing
authority that the appropriate State permits have been received by the applicant,
or that the applicant will be eligible to receive such permits and that the
development is otherwise in compliance with applicable air pollution laws.
F. The use shall not discharge any radiological, chemical, or biological waste into
surface or subsurface waters.
G. The use shall not discharge any waste into the County sewer system, or a septic
tank that cannot be adequately treated by biological means.
H. The use shall not create electrical disturbance that adversely affects any
operations or equipment other than those of the creator of such disturbance, or
otherwise cause, create, or contribute to the interference with electronic signals
(including television and radio broadcasting transmissions) to the extent that the
operation of any equipment not owned by the creator of such disturbance is
adversely affected.
12.41 Mobile Vendors
A. With the exception of Subsection B. below, mobile vendors are limited to the sales
of seasonal products such as Christmas trees, pumpkins and farm produce. The
seasonal sales of Christmas trees and pumpkins is also regulated by Section
12.55.
B. Mobile food vendors may be allowed in any zoning district as part of a special
event authorized by the Town Board, and Town Board may vary the standards
established in Section 12.65 as part of approval of a special event.
C. Mobile vendors operating on private property must have written permission from
the property owner.
D. The use must be located no closer than forty (40) feet of an intersection or twenty
(20) feet of a driveway or entrance.
E. With the exception of Subsection B. above, only one vendor may operate on a
property at a time.
F. Hours of operation are limited from 8 a.m. to 10 p.m.
G. The mobile vendor vehicle and surrounding property shall be maintained in a safe
and clean manner at all times.
H. No free standing or banner signs shall be displayed.
147

I. No tables, chairs, or other site furniture shall be permitted.
12.42 Mobile Food Vendors
A. Mobile food vendors may be allowed in any zoning district as part of a special
event authorized by the Town Board.
A. Mobile food vendors may operate at fixed locations in the HC district adjacent to
old US 1 subject to receipt of a zoning permit. They are not allowed within the HC
district anywhere else within the zoning jurisdiction of Vass.
C. Mobile food vendors operating on private property are subject to Sections D, E,
and F below.
D. Siting Requirements
1 . A maximum of one (1) mobile food vendor shall be located on a Lot or Parcel.
2. Mobile food vendors shall be located a minimum of one hundred (100) feet from
the main entrance to any eating establishment or similar food service business,
one hundred (100) feet from any outdoor dining area, and two hundred (200) feet
from a religious establishment unless associated with said religious establishment
as measured from the designated location on the Lot or Parcel accommodating
the food truck, trailer or cart.
3. Food trucks, trailers and carts shall be located a minimum distance of fifteen (15)
feet from the edge of any driveway or public sidewalk, utility box or vaults,
handicapped ramp, building entrance, exit or emergency access/exit, emergency
call box or fire hydrant.
4. Food trucks, trailers and carts shall not be located within any area of the Lot or
Parcel that impedes, endangers, or interferes with pedestrian or vehicular traffic.
5. Food trucks, trailers and carts shall not occupy any parking spaces required to
fulfill the minimum requirements of the principal use, unless the Principal Use's
hours of operation do not coincide with those of the food truck business or the
current parking demand does not require the use of the spaces. Nor shall any
mobile food vendor occupy parking spaces that may be leased to another business
and used to fulfill its minimum parking requirements.
6. Food trucks, trailers and carts shall not occupy any handicap accessible parking
space as specified in G.S. 20-37.6.
E. Operations
148

1 . No freestanding signage or audio amplification shall be permitted as part of the
food truck, trailer or cart vending operation.
2. Hours of operation of food trucks, trailers and carts shall be limited to the hours
between 6:00 a.m. and 8:00 p.m., unless the designated location on the lot
accommodating the use is located within one hundred (100) feet of the property
line of a single-family or duplex dwelling, in which case the hours of operation shall
be limited to the hours between 7:00 a.m. and 7:00 p.m.
3. When open for business, the food truck, trailer or cart operator, or his or her
designee, must be present at all times, except in cases of an emergency.
4. The food truck, trailer or cart vendor is responsible for the proper disposal of waste
and trash associated with the operation. Town trash receptacles are not to be used
for this purpose. Vendors shall remove all waste and trash from their approved
location at the end of each day or as needed to maintain the health and safety of
the public. The vendor shall keep all areas of the permitted lot free and clean of
grease, trash, paper, cups, cans or other materials associated with the vending
operation. No liquid waste or grease is to be disposed in tree pits, storm drains or
onto the sidewalks, streets, or other public space. Under no circumstances shall
grease be released or disposed of in the Town's sanitary sewer system.
5. All equipment required for the operation shall be contained within, attached to or
within twenty (20)feet of the food truck, trailer or cart. All food preparation, storage,
and sales-distribution shall be in compliance with all applicable County, State and
Federal Health Department sanitary regulations.
F. Permits Required
1 . A Town zoning permit shall be obtained by the vendor. It must include permission
from the property owner (as listed in the Moore County, North Carolina property
tax records)for any Lot or Parcel proposed to accommodate a mobile food vending
operation. If at any time evidence is provided that the permitted Lot or Parcel is
being used other than in compliance with these regulations, the zoning permit shall
be rendered null and void, and the owner shall be punished for such violation as
hereinafter set forth. This zoning permit shall be required to be renewed annually.
2. Prior to the issuance of the permit, the vendor shall provide evidence of having
obtained a Town zoning permit (as described in paragraph (1 ), a food vending
permit from the Moore County Environmental Health Department, a North Carolina
Sales and Use Certificate for collecting and paying the proper sales taxes, and a
means for the disposal of grease, if grease will be generated, within an approved
grease disposal facility.
149

3. If at any time evidence of the improper disposal of liquid waste or grease is
discovered, the zoning permit shall be rendered null and void, and the business
shall be required to cease operation immediately.
4. Copies of all permits shall be kept in the food truck, trailer or cart at all times.
5. If at any time, the Moore County Environmental Health Department revokes or
suspends the issued food vending permit, the Town permit for mobile food vending
operation shall be revoked or suspended simultaneously.
12.43 Motor Vehicle Sales and Rental or Sales and Service
A. A written description of the proposed operation, including square footage, number
of employees, hours of operation, and activities expected on site shall be submitted
with the application.
B. A lighting plan including fixture details, light intensity contours and overlap, and a
statement regarding light trespass shall be submitted with the application.
C. The lot shall front on a collector or arterial street and have direct access thereto.
Proposals for lots with double frontage that desire multiple driveways shall be
limited to one (1) cut on the higher classified street. Additional cuts shall be on
streets of lower classification. Driveway Permits shall be approved by NCDOT for
access to State roads.
D. The Fire Marshal shall review and approve a submitted fire protection plan prior to
commencement of the operation.
E. Vehicles shall not be parked within fifteen (15) feet of any street or road right-of-
way.
12.44 Movie Theater, Indoor
A. The use shall have direct access to an arterial or collector street.
B. Accessory uses such as snack bars associated with the theater shall be for patrons
of the theater only.
12.45 Multi-Family Dwellings (Multi-Family Townhomes, and Multi-
Family Apartments)
A. Multi-family dwellings permitted in any Mixed Use zoning district shall be located
on a lot meeting the minimum lot size requirement of the residential zoning
150

districts. The maximum density and impervious surface ratio for the tract shall not
be exceeded.
B. The minimum spacing between one (1) story multi-family structures shall be twenty
(20) linear feet. The minimum spacing between two (2) story multi-family
structures shall be thirty (30) linear feet.
C. Any group of buildings forming a courtyard shall have at least twenty-five percent
(25%) of the perimeter of the courtyard open for access by emergency vehicles.
D. Townhome developments with 10 or more proposed units are required to provide
additional off-street guest and resident parking, if no on-street public parking is
available.
E. Developments shall include pedestrian connectivity within the development and to
the outside edges to connect with neighboring properties, where feasible.
F. Multi-family developments shall meet the landscaping requirements for non-
residential projects.
G. Rear-loaded garages and alleys are highly encouraged.
12.46 Neighborhood Utility Facilities
A. As provided in Article 8 (Permitted Uses), neighborhood utility facilities located
within a public right-of-way, with the permission of the owner of the right-of-way
(State or Town), do not require a Zoning Compliance or Special Use Permit.
B. Neighborhood utility facilities may be located on any size lot without regard to the
minimum lot size requirements set forth in this Ordinance. However, if a
substandard size lot is created after the effective date of this Ordinance to
accommodate neighborhood utility facilities, then such lot shall not thereafter be
regarded as a legitimate nonconforming lot for purposes of Section 6.2
(Nonconforming Lots). The plat creating such a substandard lot shall bear a
notation indicating that the use of the substandard lot is restricted to utility
purposes by this Section.
C. Neighborhood utility facilities shall be permissible in any district only if such
facilities:
1 . Do not exceed six (6) feet in height; and
2. Do not generate any noise, smoke, odor, vibration, electrical interference,
or other disturbance that is perceptible beyond the boundaries of the lot
where such facilities are located, or that adversely affects the use of
adjoining or neighboring properties.
12.47 Night Clubs, Bars, Breweries, and Taprooms
151

A. A statement shall be submitted with the application giving a detailed description of
the type of operation proposed, including types and frequency of live entertainment
or amplified sound systems, the maximum design occupancy of the building, the
number of employees, and the hours and days of operation.
B. The noise level outside of the structure shall not exceed sixty-five (65) decibels.
C. Live entertainment or amplified music shall cease no later than 12:00 AM.
D. When adjacent to an existing residential use, the primary entrance shall face a
street or other non-residential use, or utilize landscaping or other screening be
provided between the residence and the establishment.
12.48 Nursing Care Homes and Institutions
A. A minimum lot size of two (2) acres shall be provided.
B. There shall be eight thousand (8,000) square feet of lot area for the first nine (9)
beds, rooms, or suites, plus one thousand (1,000) square feet for each additional
patient bed, room, or suite, or the minimum lot area requirement for the zoning
district, whichever is greater.
C. The use shall be set back fifty (50)feet from all property lines, including road rights-
of-way. There shall be a separation of twenty (20) feet between buildings.
D. Off-street parking and loading areas shall be screened from adjoining single-family
residential uses by a densely planted planting strip. Plantings shall be at least six
(6) feet in height at the time of planting.
12.49 Open Air Markets (Farm and Craft Markets, Flea Markets, Produce
Market)
A. There shall be no sales of fuel and related products, tobacco products, alcoholic
beverages, vehicles or related products.
B. Open air market uses shall be required to have off-street parking with adequate
ingress and egress with an area for turn-around. A minimum of one (1) parking
space per two hundred (200) square feet of selling and display area shall be
provided, with a minimum of two (2) spaces provided. For the purpose of
calculating the required number of parking spaces, production facilities, garden
plots, planting beds and outdoor storage area opened to the public are excluded.
Overflow parking shall, at a minimum, be grass covered.
152

C. There shall be a twenty (20) foot setback between the street right-of-way line and
the front of the sales area, excluding production facilities, garden plots, planting
beds and outdoor storage areas open to the public. No parking is allowed within
the front yard setback or within twenty (20) feet of the edge of roadway, whichever
distance is less. Setbacks from side property lines shall be twenty (20)feet. There
shall be a rear setback of forty (40) feet from rear property lines.
D. Where an open air market use is located on a separate parcel of land, maximum
lot coverage by buildings shall be twenty-four percent (24%). Total coverage,
including parking areas, shall not exceed seventy percent (70%), if the property
has received Special Intensity Allocation from the Board of Commissioners.
E. Seasonal signs are allowed, but cannot be placed anywhere it would create a
traffic hazard. All other town signage regulations may apply. No rotating or
flashing lights on advertising signage shall be permitted.
F. No outdoor lighting shall produce glare beyond the boundary of the property.
G. Adequate facilities, such as parking and restrooms shall be provided for the
market and all existing uses on the property.
H. No required landscaped areas or screen areas shall be encroached upon or
occupied by the market.
Vehicular travel ways shall not be blocked in a manner in which emergency
vehicle response would be affected.
J. A site plan, containing sufficient information to show compliance with the above
standards, must be submitted to and approved by the Town Administrator or
Board of Commissioners.
12.50 Park, Athletic and Community
A. A description of the type of facilities planned, the number of athletic fields or
interest areas proposed, and the maximum number of people the facility is
designed to serve shall be submitted with the application.
B. A description of how the facility will operate in terms of ownership, openness to the
public, expected users, maintenance, and expected hours of operation shall be
submitted with the application. Non-profit owners/operators shall provide their
identification number from the North Carolina Department of Revenue at the time
of permit application.
C. An outdoor lighting plan, if applicable, shall be submitted with the site plan.
153

D. The outside boundary of all outdoor playing fields, including but not limited to
baseball fields, basketball courts, tennis courts, soccer fields, and football fields,
shall not be located closer than one hundred (100) feet to any residential structure
located on property adjacent to the site. If no residential structures are located on
adjacent property, the outside boundary of the playing field shall be fifty (50) feet
from the property line. All structures associated with outdoor recreation activities
shall be outside the setback required for the district in which the use is proposed.
Such structures shall include, but not be limited to, back stops, basketball or
football goals, soccer goals, pavement for tennis or basketball courts, batting
cages, as well as picnic shelters, tables, swings, barbecue grills and playground
equipment.
E. The lot size shall be adequate for the improvement proposed or required, and
provide protection of adjacent properties by screening and fencing. In particular,
the permit issuing authority shall find that the adjacent property is protected from
undue glare from outdoor lighting and trespass by participants going to and from
the park.
F. Security of park users and surrounding properties shall be addressed by balancing
screening and visual access into the park from adjacent lots and rights-of-way.
G. All proposed restroom facilities shall be adequate for the maximum number of
participants expected.
H. The type of illumination for playing fields shall be designed and located to minimize
the impact of glare on adjacent property. All outdoor illumination associated with
playing fields shall cease at 10:00 PM.
12.51 Park, Neighborhood
A. A description of the type of facilities planned, the number of athletic fields or
interest areas proposed, and the maximum number of people the facility is
designed to serve shall be submitted with the application.
B. A description of how the facility will operate in terms of ownership, openness to the
public, expected users, maintenance, and expected hours of operation shall be
submitted with the application. Non-profit owners/operators shall provide their
identification number from the North Carolina Department of Revenue at the time
of permit application.
C. An outdoor lighting plan, if applicable, shall be submitted with the site plan.
D. The lot size shall be adequate for the improvements proposed or required, and
provide protection of adjacent properties by screening and fencing. In particular,
the permit issuing authority shall find that the adjacent property is protected from
154

undue glare from outdoor lighting and trespass by participants going to and from
the park.
E. Security of park users and surrounding properties shall be addressed by balancing
screening and visual access into the park from adjacent lots and rights-of-way.
F. All proposed restroom facilities shall be adequate for the maximum number of
participants expected.
G. All outdoor lighting shall be designed and located to minimize the impact of glare
on adjacent property and be extinguished when not in use.
12.52 Petroleum Products (Storage and Distribution)
A. A minimum lot size of one (1) acre shall be provided.
B. A detailed written description of the types of products to be stored on the site,
including the amounts to be stored, method of initial delivery, method of retail
distribution, and method and means of securing the site to prevent accidents and
vandalism, shall be submitted with the application.
C. An emergency response plan for accidents, including but not limited to fires, spills,
and ruptures shall be submitted with the application.
D. A plan showing the distance to the nearest fire hydrant (including the size of the
line serving the hydrant), and indicating the proposed system of drainageways and
dikes to retain any substances that may leach or spill from storage vessels shall
be submitted with the application.
E. The amounts of petroleum products to be stored on the site shall not exceed the
capacity of the site to protect adjacent property from harm in an emergency. The
proposed methods of handling the material shall be in accordance with accepted
practices.
F. The Fire Chief and/or Fire Marshal shall review and accept an emergency
response plan. A statement shall be submitted with the application indicating that
either the applicant has sufficient material to respond to an emergency or the Fire
Department has the existing capacity to respond.
G. No existing structures on adjacent property shall be closer than one hundred-fifty
(150) feet to any proposed storage vessel. No vessel shall be closer than one
hundred (100) feet to a property line. Existing bulk storage facilities shall meet, at
a minimum, the standards set forth in the Flammable and Combustible Liquid's
Code as recommended by the American Insurance Association.
155

H. The site shall be secured by either a chain link fence with barbed wire or a wall
with barbed wire. The minimum height shall be eight (8) feet.
I. The system of drainage and dykes shall prevent the discharge of any stored
products into streams on the property or on adjacent property. The impoundment
basin shall be of sufficient volume to retain the volume of the largest storage vessel
on the site. The dikes must be designed in such a manner as not to impede normal
maintenance in and around the vessels or response during an emergency.
J. If an emergency at the proposed facility can be aided with the use of water, then a
fire hydrant served by a minimum six (6) inch water line shall be located within two
hundred-fifty (250) feet of the main entrance to the proposed facility.
K. Facilities must meet all Environmental Protection Agency (EPA) requirements.
12.53 Primary Residence with Accessory Dwelling
A. The accessory apartment unit shall be located on the same lot as the primary
residence.
B. No more than one (1) accessory apartment shall be permitted on the same lot with
a primary residence.
C. No accessory apartment shall be permitted on the same lot with a duplex or other
two-family or multi-family dwelling unit.
D. Detached accessory apartments shall be located behind, and at least twenty (20)
feet from, the primary residence.
E. The lot containing both the primary residence and an accessory apartment shall
meet the minimum lot size requirement for the district in which it is to be located.
F. A detached accessory apartment shall not be a manufactured or mobile home,
travel trailer, camper, or recreational vehicle.
G. A detached accessory apartment may be a dwelling unit that is part of a detached
garage or a freestanding dwelling unit meeting the requirements of the North
Carolina State Building Code, including any amendments thereto.
H. A detached accessory apartment shall contain no more than twenty-five percent
(25%) of the gross floor area of the accessory structure in which it is located, and
shall be no more than a total of seven hundred-fifty (750) square feet of the gross
floor area of the accessory structure.
156

I. Attached accessory apartments shall not be altered in such a way so as to appear
from a public or private road to be multi-family housing. Prohibited alterations
include, but are not limited to, multiple entranceways or multiple mailboxes.
Access to the accessory apartment shall be by a means of an existing side or rear
door, except where a new entrance is required by the North Carolina State Building
Code, including any amendments thereto. No new doorways or stairways to upper
floors are permitted if they are attached to the side of a building facing a street.
J. An attached accessory apartment shall not occupy more than twenty-five percent
(25%) of the gross floor area of the primary residence. The sum of all accessory
uses (including home based businesses) in a principal building shall not exceed
twenty-five percent (25%) of the total floor area.
K. Impervious surface requirements as required by Section 13.4 (Impervious Surface
Limits), rather than residential density limits, shall be applied to single-family lots
proposing the addition of an accessory apartment.
L. The requirements of Section 10.3.1 (Accessory Building Setback Requirements in
Residential Districts) shall be met.
12.54 Public Utility Stations and Substations, Water or Sewage
Treatment Plants, Switching Stations, Telephone Exchanges, Elevated
Storage Tanks
A. A statement giving a description of the type or types of facility planned, including
the number of proposed employees shall be submitted with the application.
B. A statement from the proposed owners or operators stating the need for the use,
and the purpose through which they arrived at the proposed location and
alternative locations that were considered, shall be submitted with the application.
C. In the case of water treatment and sewage treatment plants, the applicant shall
provide certification from the appropriate State agency that the proposed design
meets the minimum State standards and evidence that the proposed operators
shall be certified by the State.
D. In the case of public facilities, certification by the appropriate agency that it is a
public utility, and a statement that the proposed installation is necessary to
accomplish its public utility function, and that the public convenience and necessity
shall be served by the proposed installation, shall be submitted with the
application.
E. The proposed site shall meet the needs of the applicant and minimize potential
adverse impacts on adjacent properties.
157

F. All outside storage areas and treatment facilities shall be fenced with a minimum
eight (8) foot high cyclone fence topped with barbed wire.
G. Architectural elevations of all buildings shall be submitted that show that the
buildings preserve the residential character of the neighborhood.
H. All structures except public water storage facilities shall be at least one hundred
(100) feet from all property lines. Public water storage facilities shall observe a
setback equal to their height with a minimum setback as required in the district
where the facility is located.
12.55 Recreational Facility (Non-Profit and Profit)
A. A description of the exact type of facility planned, the amount of area, including the
number of members or participants expected, shall be submitted with the
application.
B. A signed statement shall be submitted from the owners or operators that there
shall be no activity allowed that will have adverse effects on adjacent property.
The statement shall also include a complete list of all recreational activities that will
take place on the site. This statement shall be submitted with the application.
C. Building plans for all existing and proposed structures shall be submitted, including
elevations, and descriptions of the color and nature of all exterior materials.
D. The lot size shall be adequate for the method of sewage disposal proposed, and
for the proposed recreational use.
E. Any structures located on the site shall be of such a nature as to preserve the
residential character of the area, when located in a residential zoning district.
F. A copy of the organization's by-laws and/or articles of incorporation shall be
submitted with the application.
G. A detailed description of the organization, its staff, membership, affiliations, and
activities shall be submitted with the application.
H. The development of the site as proposed shall have no adverse impacts on
adjacent roads or residential property.
12.56 Restaurants (No Outside Service/Consumption, Drive-In Service,
Drive-In Windows, Carry Out, or Food Delivery)
158

A. A maximum of five thousand (5,000) square feet of gross floor area shall be
permitted per establishment.
B. No outside storage of material shall be permitted.
C. The property owner on which the restaurant is located shall be responsible for
keeping the site clear of trash.
D. The lot shall front on a collector or arterial street and have direct access thereto.
Proposals for lots with double frontage that desire multiple driveways shall be
limited to one (1) curb cut on the higher classified street. Additional curb cuts shall
be on streets of lower classification. Driveway Permits shall be approved by
NCDOT for access to State roads.
E. Adequate provision shall be made for ventilation and the dispersion and removal
of fumes.
F. All garbage and refuse shall be stored in mechanical loading containers located
near the rear of the lot or building, but not less than twenty (20) feet from any
adjacent property lines.
G. A lighting plan shall be submitted that includes fixture details, light intensity
contours and overlap, and a statement regarding light trespass on adjacent
properties. No direct sources of light shall be detectable from exterior property
lines or a public right-of-way.
12.57 Restaurants, Outside Service/Consumption, Drive-In (Service to
and Consumption in Vehicle On-Premises), or Carry Out Service (Food
Picked Up Inside for Off-Premises Consumption)
A. A maximum of two thousand (2,000) square feet of gross floor area shall be
permitted per establishment.
B. When restaurants designed for outside service/consumption and drive-in (service
to and consumption in vehicle on premises) are proposed to be located adjacent
to residentially zoned or used property, no areas for outside consumption and/or
parking spaces shall be located within one hundred (100) feet of the property line
of the residentially zoned or used property.
C. The property owner on which the restaurant is located shall be responsible for
keeping the site clear of trash.
D. The lot shall front on a collector or arterial street and have direct access thereto.
Proposals for lots with double frontage that desire multiple driveways shall be
limited to one (1) curb cut on the higher classified street. Additional curb cuts shall
159

be on streets of lower classification. Driveway Permits shall be approved by
NCDOT for access to State roads.
E. Adequate provision shall be made for ventilation and the dispersion and removal
of fumes.
F. All garbage and refuse shall be stored in mechanical loading containers located
near the rear of the lot or building, but not less than twenty (20) feet from any
adjacent property lines.
G. A lighting plan shall be submitted that includes fixture details, light intensity
contours and overlap, and a statement regarding light trespass on adjacent
properties. No direct sources of light shall be detectable from exterior property
lines or a public right-of-way.
H. No outside storage of material shall be permitted.
12.58 Restaurants with Drive-In Windows (Service Directly to Vehicles
Primarily for Off-Premises Consumption)
A. A maximum of two thousand (2,000) square feet of gross floor area shall be
permitted per establishment.
B. Any entrance/exit doors for pedestrian customer use, if provided, shall be located
in such a manner that a person entering/exiting such business is not required
immediately to cross a drive-through entrance and/or exit lane.
C. Drive-through areas shall be located in such a fashion that vehicles using or
waiting to use such drive-through areas do not interfere with vehicles seeking to
enter or leave parking areas.
D. Where it is necessary for patrons wishing to park and enter such businesses to
cross a drive-through area, crosswalks leading from parking areas to building
entrances shall be clearly marked.
E. The vehicular entrances or exits of such uses shall not be located within three
hundred (300) feet of the intersection of the centerlines of intersecting streets.
F. A building housing a restaurant with a drive-in window shall not be located closer
than one thousand (1,000)feet to the nearest point of another building housing the
same type of store.
G. A minimum of six (6) stacking spaces shall be provided for the facility.
160

H. All garbage and refuse shall be stored in mechanical loading containers located
near the rear of the lot or building, but not less than twenty (20) feet from any
adjacent property lines.
A lighting plan shall be submitted that includes fixture details, light intensity
contours and overlap, and a statement regarding light trespass on adjacent
properties. No direct sources of light shall be detectable from exterior property
lines or a public right-of-way.
J. When restaurants designed with drive-in windows are proposed to be located
adjacent to residentially zoned or used property, no speaker boxes shall be located
within one hundred (100)feet of the property line of the residentially zoned or used
property.
12.59 Retail Sales with Subordinate Manufacturing and Processing
A. No such use may emit from a vent, stack, chimney, or combustion process any
smoke that is visible to the naked eye.
B. No such use may generate noise that tends to have an annoying or disruptive
effect upon uses located outside the immediate space occupied by the proposed
use.
C. No such use may generate any ground-transmitted vibration that is perceptible to
the human sense of touch measured at the outside boundary of the immediate
space occupied by the enterprise generating the vibration.
D. The use shall not generate any odor that reaches the odor threshold measured at
the outside boundary of the immediate space occupied by the enterprise
generating the odor, or the lot line if the enterprise generating the odor is the only
enterprise located on the lot.
E. The Permit shall not be issued until the North Carolina Department of Environment
and Natural Resources, Division of Air Quality, has certified to the permit-issuing
authority that the appropriate State permits have been received by the applicant,
or that the applicant will be eligible to receive such permits and that the
development is otherwise in compliance with applicable air pollution laws.
F. The use shall not discharge any radiological, chemical, or biological waste into
surface or subsurface waters.
H. The use shall not discharge any waste into the County sewer system, or a septic
tank that cannot be adequately treated by biological means.
161

H. The use shall not create electrical disturbance that adversely affects any
operations or equipment other than those of the creator of such disturbance, or
otherwise cause, create, or contribute to the interference with electronic signals
(including television and radio broadcasting transmissions) to the extent that the
operation of any equipment not owned by the creator of such disturbance is
adversely affected.
12.60 Riding Stables/Academies
A. Plans for all barns, exercise yards, riding arenas, related improvements, and
signage shall be submitted with the application.
B. The site shall be of adequate size to protect adjacent properties from adverse
effects of the riding stable/academy.
C. No part of any manure storage area, building, structure, runway or riding arena in
which animals are housed or exercised shall be closer than one hundred-fifty (150) feet
from a property line.
D. All unpaved areas shall be maintained in a manner that prevents dust from
adversely affecting adjoining properties.
E. Adequate restroom facilities approved by the Moore County Health Department
shall be provided.
12.61 Scrap Materials Salvage Yards, Junkyards, and Automobile
Graveyards
A. The following information shall be submitted as part of the application:
1. Detailed plans and specifications for the site screening proposed, as well
as management of drainage;
2. Description of the type and number of motorized machines to be employed
on site;
3. The site plan shall indicate the extent of the area to be used for storage of
junked or wrecked motor vehicles.
B. The following standards shall be met:
1. The site shall be of adequate size to protect adjacent properties from
adverse effects of the proposed use;
162

2. The site shall be screened from adjacent property by a minimum of a six (6)
foot high solid fence, uninterrupted except for required vehicle access
points;
3. No materials shall be stored closer than fifty (50) feet from a public right-of-
way or thirty (30) feet from a property line;
4. Operations shall not be any closer than three hundred (300) feet to any
property line of a dwelling, school, hospital, child day care facility, or other
residential facility;
5. Disposal or storage of toxic or hazardous matter shall be prohibited;
6. Disposal of trash and garbage shall be in an approved container and be
regularly maintained. Open dumping of trash or garbage shall be
prohibited;
7. Emissions of smoke and burning of non-vegetative matter shall not be
permitted;
8. Equivalent sound levels at the boundaries of the site shall not exceed the
following standards:
Time of Day Decibels (dBA)
Between 7:00 AM & 7:00 PM 68
Between 7:00 PM & 7:00 AM 58
9. Vibration levels at the boundaries of the site shall not exceed the following
standards:
Maximum Peak Particle Velocity
Steady State 1.0 Inches per Second
Impact 2.0 Inches per Second
Note: The maximum particle velocity shall be the product of two (2)times the frequency
in cycles per second times the sum of three (3) mutually perpendicular displacement
components recorded simultaneously. For purposes of this Ordinance, steady state
vibrations are vibrations that are continuous, or vibrations in discrete impulses more
frequent than sixty (60) per minute. Discrete impulses that do not exceed sixty (60) per
minute shall be considered impact vibrations. Maximum air blast vibration, measured at
the lot lines of the lot containing the use, shall be one hundred twenty-five (125) decibels
on the linear scale.
10. Roads shall be surfaced with dust free material such as soil cement,
bituminous concrete or Portland Cement concrete from the nearest public
road to the yard area. All roads located within three hundred (300) feet of
residentially zoned land shall be treated the same;
163

11 . Interior roads, other than those stated above, shall be treated with dust
inhibitors that will reduce, to a minimum, the generation of dust from the
road surfaces as a result of wind or vehicular action. Properly operated
water wagons shall be an acceptable method of dust inhibition;
12. Storage of fuels shall be contained in above ground tanks meeting the
requirements of the State of North Carolina. No such fuel storage shall be
within one thousand (1 ,000) feet of any residential, educational, or
institutional structure. Location of fuel storage tanks shall be so designed
as to prevent leakage or spillage into any stream. Gasoline and oil shall be
removed from scrap engines or vehicles on the premises and adequately
stored for disposal;
13. The use shall be adequately drained to assure that no standing water shall
exist that might provide breeding habitation for insects;
14. Weeds and vegetation on the premises, other than trees, shall be kept at a
height of not more than six (6) inches;
15. Storage materials shall be stored in piles not exceeding ten (10) feet in
height and shall be arranged so as to permit easy access to all such salvage
for firefighting purposes;
16. The operator or owner of the facility shall obtain all applicable State and
Federal Permits.
12.62 Seasonal Christmas Tree or Pumpkin Sales
A. Notwithstanding any other provision of this Ordinance, but subject to the remaining
provisions of this Section, seasonal Christmas tree or pumpkin sales shall be
permissible with a Zoning Compliance Permit not only in those districts specified
in the Table of Permitted Uses but also on lots within other zoning districts where
a commercial, nonconforming use, exists on the date the permit to use the property
for this purpose was applied for.
B. A Zoning Compliance Permit authorizing seasonal Christmas tree or pumpkin
sales shall enable the permit recipient to conduct Christmas tree sales annually
during the period of December 1st through December 31st, and pumpkin sales
annually during the period of October 1st through October 31 st. The permit need
not be renewed annually.
C. A permit for seasonal Christmas tree or pumpkin sales may be issued only if the
Administrative Officer finds that sufficient on-street or off-street parking is available
to patrons of the Christmas tree or pumpkin sales operation so that the operation
does not interfere with the safe and convenient flow of vehicular and pedestrian
164

traffic and that the proposed use complies with other applicable provisions of this
Ordinance.
12.63 Self-Storage/Mini-Warehouses
A. Commercial Uses Permitted on Site
The only commercial uses permitted on site shall be the rental of storage bays and
the pickup and deposit of goods or property in dead storage. Storage bays shall
not be used to manufacture, fabricate or process goods; service or repair vehicles,
small engines or electrical equipment, or to conduct similar repair activities;
conduct garage sales or retail sales of any kind; or conduct any other commercial
or industrial activity on the site. The storage of hazardous, toxic or explosive
substances shall be prohibited.
B. Security or Caretaker Quarters
No more than one (1) security or caretaker quarters may be developed on the site.
C. Not Legal Address
Individual storage bays or private postal boxes within a self-service storage facility
use shall not be considered premises for the purpose of assigning a legal address.
D. Enclosed buildings
Except as provided in this subsection, all property stored on the site shall be
entirely within enclosed buildings.
E. Open Storage of Recreational Vehicles and Dry Storage of Boats
Open storage of recreational vehicles, travel trailers, and dry storage of pleasure
boats of the type customarily maintained by persons for their personal use shall be
permitted within a self-service storage facility use, provided that the following
standards are met:
1. Designated Area
The storage shall occur only within a designated area located to the rear of
the principal structure, which shall be clearly delineated;
2. Storage Area Size
The storage area shall not exceed twenty-five percent (25%) of the
buildable area of the site;
3. No Storage Within Setbacks
Storage shall not occur within the area set aside for minimum building
setbacks;
4. No Dry Stacking of Boats
No dry stacking of boats shall be permitted on site; and
165

5. No Vehicle Maintenance, Washing or Repair
No vehicle maintenance, washing, or repair shall be permitted.
F. Lot Area
The minimum lot area shall be three (3) acres.
G. Minimum Separation Between Buildings
If separate buildings are constructed, there shall be a minimum separation of ten
(10) feet between buildings.
H. Height
With the exception of structure used as a security or caretaker quarters, the
maximum height of a self-service storage facility shall be twenty (20) feet. In
addition, a parapet wall shall be constructed to screen roof-mounted heating and
air condition and other equipment, if any. The combined height of the building and
the parapet wall shall not exceed twenty-five (25) feet.
I. On-Site Circulation
1. Interior Parking
Interior parking shall be provided in the form of aisleways adjacent to the
storage bays. These aisleways shall be used both for circulation and
temporary customer parking while using storage bays. The minimum width
of these aisleways shall be twenty-one (21) feet if only one-way traffic is
permitted, and thirty (30) feet if two-way traffic is permitted;
2. Mark Traffic Flow Patterns
The one- (1) or two- (2)way traffic flow patterns in aisleways shall be clearly
marked. Marking shall consist at a minimum of use of standard directional
signage and painted lane markings with arrows; and
3. Circulation of Vehicles and Emergency Equipment
Appropriate access and circulation by vehicles and emergency equipment
shall be ensured through the design of internal turning radii of aisleways.
J. Lighting
Shielded outdoor lighting shall be the minimum necessary to discourage vandalism
and theft.
K. Screening and Fencing
Screening shall be in accordance with Art. 11.3 Screening and/or Buffering and
Fencing shall be in accordance with Art. 9.5 Fences and Walls.
L. Security
No dogs allowed for security purposes.
166

M. Hours of Operation
Hours of public access to self-storage use shall be restricted to between 6:00 a.m.
and 10:00 p.m.
N. Architectural Uniformity
The exterior facades of all structures shall receive uniform architectural treatment
and colors selected shall be compatible with the character of the neighborhood.
12.64 Sexually Oriented Businesses
A. No sexually oriented business shall locate within one thousand (1,000) feet of any
other sexually oriented business, church, public or private school, day care center
or nursery school, public park, or residentially used or zoned property.
B. Except for adult motels, no sexually oriented business shall have sleeping
quarters.
C. There shall not be more than one (1) sexually oriented business in the same
building, structure, or portion thereof. No other principal or accessory use may
occupy the same building, structure, property, or portion thereof with any sexually
oriented business.
D. Except for a business identification sign permitted in accordance with Article 14
(Signs), no other exterior advertising, promotional materials, or signage that is
visible to the public from a road, sidewalk, or walkway shall be permitted.
12.65 Shooting Range, Indoor
A. The range shall be located at least two hundred (200) feet from the property line
of any existing dwelling or property holding a valid building permit for a dwelling,
school, day care, or place of worship.
B. The application shall include information that demonstrates what measures will be
implemented so that the use will not pose a hazard off site, including guarantees
that the walls will be lined with a sound absorbing material certified by an acoustical
professional.
12.66 Social and Fraternal Clubs and Lodges, Union Halls, and Similar
Uses
A. All activities and facilities, other than parking, shall be located at least twenty (20)
feet from any property line.
167

B. Parking shall be provided at a ratio of at least one space per five (5) members or
families.
C. Any swimming pool areas shall be enclosed by a fence at least five (5) feet high.
D. Lighting shall be located and shielded so as not to adversely impact adjacent
property.
12.67 Solar Farms
A solar farm shall comply with the following standards:
A. Situated on at least 1 acre;
B. Signage shall be limited to ownership and contact information, and any other
information required by government regulation. Commercial advertising is prohibited;
C. Be enclosed with a fence of at least 6 feet in height;
D. Not create glare or shadows on adjacent lands.
E. No equipment shall be visible from the public right-of-way.
F. All equipment shall be located at least 50 feet from any lot line abutting a residential
district or existing home.
G. Screen equipment adjacent to a residential use with an opaque fence, wall, or
substantial existing or newly planted landscaping.
12.68 Special Events
A. In deciding whether a permit for a special event should be denied, or deciding what
additional conditions to impose, the Town shall ensure that:
1 . The hours of operation allowed shall be compatible with the uses adjacent
to the activity;
2. The amount of noise generated shall not disrupt the activities of adjacent
land uses;
3. The applicants shall guarantee that all litter generated by the special event
be removed at no expense to the Town;
4. The Town shall not grant the permit unless it finds that the parking
generated by the event can be accommodated without undue disruption to,
168

or interference with, the normal flow of traffic, or with the rights of adjacent
and surrounding property owners to have access to their property.
B. In cases where it is deemed necessary, the Town may require the applicant to post
a bond to ensure compliance with the conditions of the permit.
C. If the permit applicant requests the Town to provide extraordinary services or
equipment, or if the Town otherwise determines that extraordinary equipment or
services should be provided to protect the public health or safety, the applicant
shall be required to pay to the Town a fee sufficient to reimburse the Town for the
costs of these services. This requirement shall not apply if the event has been
anticipated in the budget process and sufficient funds have been included in the
budget to cover the costs incurred.
12.69 Telecommunications Towers
A. In addition to other applicable provisions of the Town Code, telecommunications
towers and antennas attached thereto that exceed fifty (50) feet in height shall not
be located within fifteen hundred (1,500) feet of another telecommunications tower
(measured in a straight line).
B. The base of the telecommunications tower shall be set back from a street right-of-
way line a distance that is not less than the height of the telecommunications tower,
and from every lot boundary line, a distance that is not less than fifty percent(50%)
of the height of the telecommunications tower. The setbacks provided for herein
may be reduced up to fifty percent (50%) if the applicant provides the Town with
an independent study submitted by a registered, licensed engineer who certifies
that the applicant's proposed setbacks contain the potential collapse zone. In all
cases, the minimum distance between the base of a telecommunications tower
and any residential structure shall be equal to the height of the telecommunications
tower. The minimum distance between the base of a telecommunications tower
and any other structure (except structures accessory to the telecommunications
tower) shall be equal to fifty percent (50%) of the height of the telecommunications
tower, except as reduced pursuant to an engineer's certification as set forth above.
C. Lighting shall not exceed the Federal Aviation Administration (FAA) minimum if
lighting is required by the FAA. To the extent allowed by the FAA, strobes shall
not be used for nighttime lighting. The lights shall be oriented so as not to project
directly onto surrounding residential property, consistent with FAA requirements.
Prior to the issuance of a permit, the applicant shall be required to submit
documentation from the FAA that the lighting is the minimum lighting required by
the FAA.
169

D. Telecommunications towers and antennas shall be constructed and operated so
as not to disturb or interfere with the use or operation, on adjoining or nearby
properties, of radios, televisions, telephones, or similar equipment.
E. Commercial messages shall not be displayed on any telecommunications tower.
F. The output from the telecommunications tower shall not exceed federally approved
levels for exposure to electronic magnetic force (EMF). The applicant shall be
required to submit documentation with the application verifying compliance with
this standard.
G. If the telecommunications tower is up to one hundred-eighty (180) feet in height,
the telecommunications tower shall be engineered and constructed to
accommodate at least two (2) additional telecommunication users. If the
telecommunications tower exceeds one hundred-eighty (180) feet in height, the
telecommunications tower shall be engineered and constructed to accommodate
at least four (4) additional telecommunication users.
H. The base of the telecommunications tower and each guy anchor shall be
surrounded by a fence or wall at least eight (8) feet in height and constructed of
material that cannot be easily climbed or penetrated, unless the
telecommunications tower and all guy wires are mounted entirely on a building at
least eight (8) feet in height.
I. If visible from any street or residential area, the area of the telecommunications
tower, any guy wires, and any associated structures, walls, or fences shall be
surrounded by a landscaped evergreen buffer not less than six (6) feet in height at
the time of planting. The buffer shall be maintained to replace any vegetation that
dies or becomes diseased. The site developer shall have the option of providing
the screening around the telecommunications tower base and associated items
individually, or providing the screening around the perimeter of the entire site.
J. Outdoor storage shall not be permitted on telecommunications tower sites.
K. The color of the telecommunications tower shall be of a light tone, except to the
extent required by law, so as to minimize its visual impact.
L. In addition to other information that must be submitted with the application, the
application for a telecommunications tower must contain the following information:
1 . Documentation provided by a registered, licensed engineer that the tower
has sufficient structural integrity to accommodate the number of required
users; and
1 . In the case of a proposed new wireless facility, an evaluation of the
reasonable feasibility of collocating new antennas and equipment on an
170

existing wireless support structure or structures within the applicant's
search ring. Collocation on an existing wireless support structure is not
reasonably feasible if collocation is technically or commercially impractical
or the owner of the existing wireless support structure is unwilling to enter
into a contract for such use at fair market value. Documentation by the
applicant that no suitable existing facilities within the coverage area are
available to the applicant may include maps, letters from adjacent
telecommunications tower owners, calculations or other relevant
information. As provided in G.S.160D-932, a "wireless support structure" is
a new or existing structure, such as a monopole, lattice tower, or guyed
tower that is designed to support or capable of supporting wireless facilities.
A utility pole is not a wireless support structure.
M. The telecommunications tower shall be constructed with a grounding system that
provides adequate protection from destruction or damage by lightening.
N. The proposed addition of another user's antenna to a pre-existing tower, or any
change in the previously approved telecommunications tower, shall constitute a
minor modification that must be approved by the Administrative Officer.
O. In addition to the considerations for Special Use Permits found in Section 3.3.12
(Additional Requirements on Special Use Permits)of this Ordinance, the approving
bodies, in determining whether a telecommunications tower is in harmony with the
area in which the telecommunications tower is to be located, and that the value of
adjoining or abutting properties will be maintained or enhanced, may consider the
aesthetic effects of the telecommunications tower as well as mitigating factors
concerning aesthetics, and may disapprove a telecommunications tower on the
grounds that such aesthetic effects are unacceptable. Factors relevant to
aesthetic effects are the protection of the view in sensitive or particularly scenic
areas, and areas specifically designated in adopted plans such as unique natural
features, scenic roadways and historic sites; the concentration of
telecommunication towers in the proposed areas; and whether the height, design,
placement or other characteristics of the proposed telecommunications tower
could be modified to have a less intrusive impact.
P. All applicants must comply with the National Environmental Policy Act (NEPA) of
1969. All applicants shall show evidence that the FCC has reviewed and approved
the application for NEPA compliance before commencing construction of the
telecommunications tower, or the applicant must otherwise provide written
documentation from an attorney licensed to practice in North Carolina or engineer
licensed in North Carolina certifying that FCC approval is not required.
171

12.70 Temporary Emergency, Construction, or Repair Residences
Permits for temporary residences to be occupied pending the construction, repair, or
renovation of the permanent residential building on a site shall expire within thirty (30)
calendar days after the date of issuance. The Administrative Officer may renew the
Permit for additional thirty (30) calendar day periods if he/she determines that such
renewal is reasonably necessary to allow the proposed occupants of the permanent
residential building to complete the construction, repair, renovation, or restoration work
necessary to make such building habitable.
12.71 Temporary Structures and Parking Facilities
A. Temporary structures and parking facilities are intended to be allowed for a period
not to exceed two (2) years from the date the permit for the structure or facility is
issued, or thirty (30) days after the primary construction related to such temporary
structure or parking facilities receives a Certificate of Occupancy, whichever
occurs first. Extensions of the use of temporary structures and parking facilities
may be expanded for a reasonable period beyond the two (2) year deadline by the
permit issuing authority, by amending the original permit. In deciding whether to
allow the extension, the permit issuing authority shall weigh the benefits of the
extension to the applicant against any detrimental effects of the extension on
neighboring property owners, residents, or the general public.
B. Paved parking shall not be required, but temporary parking facilities shall meet the
standards set forth in Section 15.6 (Vehicle Accommodation Area Surfaces) for
improved parking areas.
C. No clearing of any trees in excess of two (2) inches in diameter shall be allowed in
order to construct temporary parking facilities.
D. Within ten (10) months following the expiration of the temporary parking facilities
use, the area so used shall, if not paved or graveled prior to being so used, be
restored by the permit recipient to its original condition by removing such gravel or
paving. This requirement may be waived by the permit issuing authority if it
concludes that the cost of such removal clearly outweighs the benefits of such
restoration.
12.72 Transmission Lines
A. The site plan shall show all existing and proposed structures within the
transmission line right-of-way, as well as all existing structures within fifty (50) feet
of the edge of the right-of-way.
172

B. A State approved soil erosion and sedimentation control plan shall be submitted
with the application.
C. A typical cross section for the installation showing elevations of all types of
structures involved shall be submitted with the application.
D. Plans and elevation of all proposed buildings and a description of the color and
nature of all exterior materials shall be submitted with the application.
E. A written description of the type or types of facility planned including the methods
of right-of-way maintenance employed by the applicant shall be submitted with the
application.
F. A statement from the proposed owners or operators stating the process through
which they arrived at the proposed location and alternative locations that were
considered shall be submitted with the application.
G. In the case of a public utility, certification by the applicant that it is a public utility,
and a statement that the proposed installation is necessary to accomplish its public
utility function, and that the public convenience and necessity shall be served by
the proposed installation shall be submitted with the application. In the case of an
application by a privately owned company, a statement that the proposed
installation is necessary to accomplish the public good, and that the public
convenience and necessity shall be served by the proposed installation, shall be
submitted with the application.
H. An emergency response plan to handle accidents, spills or leaks shall be submitted
with the application. The plan shall show that adjacent properties and the
environment will be protected from natural or accidental disasters.
I. The width of the right-of-way shall provide protection for existing structures on
adjacent property from tower collapse or transmission line failure.
J. The methods of right-of-way maintenance shall protect adjacent property owners
and properties from herbicide damage.
12.73 Veterinarians Offices
All portions of a veterinarian's office or clinic where animals are kept shall be constructed
in such a manner that the noise associated with such a facility remains inside the facility.
In making this determination, the permit issuing authority shall be guided by
recommendations promulgated by the American Animal Hospital Association Hospital
Standards regarding the soundproofing of such facilities.
173

12.74 Warehousing or Distribution Center with Freight Movement
A. Prohibited Storage. Outdoor storage and storage of hazardous, toxic, or explosive
substances shall be prohibited.
B. Outdoor storage shall be prohibited unless it is opaquely screened.
12.75 Wholesale Sales
A. No outdoor storage of wholesaling items is permitted in the HC district. Outside
storage must be screened in the IL zoning district.
12.76 Wholesale Trade
1 . Toxic Chemicals or Substances, Pesticides, or Fertilizers. Toxic chemicals,
pesticides, and fertilizers establishments shall comply with the following standards:
(a) Vehicular access shall be constructed with an all-weather surface and be
maintained in a dust-free condition.
(b) Structures, buildings, and mechanical equipment used for the operation shall
be at least 100 feet from a residential district.
(c) Security fencing, a minimum of 6 feet in height, shall be provided around all
outdoor storage areas.
2. Wholesale (Major and Minor). Vehicular access for wholesale establishments shall be
constructed with an all-weather surface and be maintained in a dust-free condition.
174

Article 13, WATER SUPPLY WATERSHED OVERLAY REGULATIONS
13.1 Water Supply Watersheds
Pursuant to the requirements of NCGS 143-214.5 (Water Supply Watershed Protection),
Watershed Protection Overlay Districts as described in Section 7.4 (Watershed Protection
Overlay Districts Established) of this Ordinance, have been established for lands within the
watersheds of existing or potential drinking water rivers and reservoirs. These Districts overlay
other zoning districts established in this Ordinance and delineated on the Official Zoning Map.
Wherever the standards of the underlying zoning district differ from the watershed overlay
standards, the more restrictive provisions shall apply.
13.2 Land Use Restrictions
All uses and activities allowed in the underlying zoning districts are permitted with the following
exceptions:
Table 13-1: Additional Land Use Restrictions in Watershed Protection Overlay Districts
District Land Use Restrictions
Protected No discharging landfills are permitted.
Areas No storage of toxic and hazardous materials is permitted unless a spill containment
plan is implemented.
Critical Areas No new sludge applications are permitted.
No new landfills are permitted.
No storage of toxic and hazardous materials is permitted unless a spill containment
plan is implemented.
No land application of residual (sludge)or petroleum contaminated soils is permitted.
New industrial development is required to incorporate adequately designed,
constructed, and maintained spill containment structures if hazardous materials are
either used, stored or manufactured on the premises.
Animal operations greater than one hundred (100) animal units shall employ Best
Management Practices (BMP's) by July 1,1994, as recommended by the Soil and
Water Commission.
13.3 Residential Density
Maximum residential density shall be indicated in Table 13-2 (Residential Density Requirements
in Watershed Protection Overlay Districts), or as required by the underlying zoning district,
whichever is less.
175

Table 13-2: Residential Density Requirements in Watershed Protection Overlay Districts
I District I Maximum Density
Protected Areas 1 DU/20,000 square feet (.46 acre)
Critical Areas 1 DU/40,000 square feet(.92 acre)
DU = Dwelling Unit
13.4 Impervious Surface Limits
A. Impervious surface limits, as applied in this Ordinance, are only effective for uses other
than single-family (e.g., manufactured home parks, apartments) and non-residential
development. Impervious surface calculations for an individual development shall be
calculated on a project- by-project basis. One half (1/2) of the width of any existing or
proposed road adjacent to an individual lot shall be included as impervious surface for
that lot, except in the case where an existing road was contained within a publicly
dedicated right-of-way at the time the watershed regulations were first applied to the
watershed within which the development is located.
B. Impervious surface requirements are as follows:
Table 13-3: Impervious Surface Limits in Watershed Protection Overlay Districts
District Impervious Surface Requirements (Other Residential & Non-Residential)
Protected 24%
Areas
Critical I 12%
Areas
C. Existing development is not subject to the requirements of the watershed overlay. Expansions
to structures classified as existing development must meet the requirements of this ordinance,
however, the built-upon area of the existing development is not required to be included in the
density calculations.
13.5 Modifications of the Impervious Surface Ratio
Modifications of the impervious surface ratios may be requested through one (1) of the following
provisions:
13.5.1 Variance Procedure
Variance procedures of the Zoning Board of Adjustment, as described in Sections 4.2
(Variances) and 13.9 (Variances from Watershed Provisions).
176

13.5.2 Special Intensity Allocations
Multi-family residential and non-residential uses may occupy ten percent (10%) of each
protected watershed district (exclusive of critical areas)with a seventy percent (70%) impervious
surface limit when approved as a Special Intensity Allocation (SIA). The Town Board of
Commissioners is authorized to approve SIA's consistent with the Special Use Permit approval
provisions of this Ordinance. Projects must minimize impervious surface area, direct storm
water away from surface waters, and incorporate Best Management Practices (BMP's) to
minimize water quality impacts. SIA's shall be approved on a "first come, first served", project-
by-project basis. BMP measures to minimize water quality impacts (i.e., use of BMP's) shall be
shown on submitted site plans for SIA's and shall be accompanied by a certification by a
professional, registered engineer or landscape architect, licensed to practice in the State of
North Carolina that such BMP's meet State requirements for the control of storm water runoff as
they relate to protected watershed areas.
The 10/70 provision does not apply in the Critical Area of water supply watersheds. The built-
upon surface area of the parcel(s) that fall within the Balance of Watershed or Protected Area
cannot exceed 70%.
13.6 Stream Buffers
A. A minimum thirty (30) foot vegetative buffer is required for development activities along
waters indicated on the most recent versions of United States Geological Survey (USGS)
1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies.
Desirable artificial stream bank or shoreline stabilization is permitted.
B. Agricultural activities shall maintain a minimum ten (10) foot vegetative buffer, or
equivalent control as determined by the Soil and Water Conservation Commission, along all
perennial waters indicated on the most recent versions of United States Geological Survey
(USGS) 1:24,000 (7.5 minute) scale topographic maps, or as determined by local government
studies.
C. No new development is allowed in the buffer except for water dependent structures, other
structures such as flag poles, signs and security lights which result in only diminutive increases
in impervious area and public projects such as road crossings and greenways where no practical
alternative exists and public projects such as road crossings and greenways where no practical
alternative exists. These activities shall minimize impervious surface area, direct runoff away
from surface waters, and maximize the utilization of storm water Best Management Practices
(BMP's).
13.7 Cluster/Conservation Developments
Clustering of development is allowed under the following conditions:
177

A. Minimum lot sizes are not applicable to single-family cluster development projects;
however, the total number of lots shall not exceed the number of lots allowed for single-family
detached developments in Section 13.3 (Residential Density). This density calculation is
determined after 15% is reduced from the total acreage to account for roads and rights of ways.
Impervious surface area or storm water control requirements of the project shall not exceed that
allowed for the balance of the watershed.
B. All impervious surface areas shall be designed and located to minimize storm water runoff
impact to the receiving waters and minimize concentrated storm water flow, maximize the use
of sheet flow through vegetated areas, and maximize the flow length through vegetated areas.
C. The purpose of the clustering of lots in exchange for open space is for more effective
conservation of the natural environment and preservation of the community's character. As such,
the open space shall include usable space for residents to enjoy and the inclusion of an element
of at least one of the following: trails, park, playground, gathering area, community garden, or
another neighborhood amenity. At least 25% of the open space shall remain in a natural wooded
state not to be developed at any future date. The intent of this is that the entire area is not clear-
cut. If no natural wooded area exists, native trees may be planted to achieve this intent. Key
natural and historic features of the property should be considered as prime area for open space.
These features shall be shown on a survey or site analysis for review during the preliminary plat
or concept planning phase. Where the development has a property owners association, the title
of the open space area shall be conveyed to the association for management and maintenance.
Where a property association is not incorporated, a maintenance agreement shall be filed with
the property deeds, and individual property owners shall be responsible for maintenance.
D. The final plat shall identify the remainder of the tract to remain in a vegetated or natural
state as "reserved for watershed protection." The title to the open space area shall be
conveyed to an incorporated homeowners' association for management; to a local government
for preservation as a park or open space; or to a conservation organization for preservation in
a permanent easement. Where a property association is not incorporated, a maintenance
agreement shall be filed with the property deeds.
E. Setbacks in cluster subdivisions may be reduced from the requirements of the Table 10-
3: Minimum Building Setback Requirements by 3' on the front, sides, corner, and rear sides in
order to accommodate for the smaller lot sizes as long as adequate fire flow is met and is
approved by the Moore County Fire Marshall.
13.8 Density Averaging
When all of the following conditions are met, two noncontiguous lots, neither of which is publicly
held land may be treated in tandem for compliance with the density requirements of this Section.
Publicly held lands include but are not limited to dedicated drainage and open space, parklands,
or other lands obtained for watershed protection.
178

A. Parcel pairs being submitted for approval under this provision shall be submitted for
development approval as a single unitary proposal and must be within the development review
purview of the Town of Vass.
B. Overall density of the paired parcel averaged-density development, calculated either by
dwelling units per acre or built-upon area (for non-residential and multifamily residential), shall
not exceed the density that would be allowed if the parcels were developed separately. The
parcel pair shall be located in the same water supply watershed and preferably in the same
drainage area of the watershed. Parcel pairs may be located in the Critical Area and in the
Protected Area (or Balance of Watershed). However, if one of the parcels is located in the
Critical Area and one is located in the Protected Area (or Balance of Watershed), the Critical
Area parcel shall not be developed beyond those densities allowed in the critical area provisions
of the rules. The purpose of this provision is to preserve open space in the more sensitive areas
of the watershed.
C. The paired parcels in a paired parcel averaged-density development may include or be
developed for single-family or multi-family residential development or non-residential
development.
D. Buffers shall at least meet the appropriate minimum statewide water supply watershed
protection requirements on both parcels in the parcel pair according to the density of
development occurring on each parcel.
E. Built-upon areas on the parcels shall be designed to: 1) Minimize stormwater runoff
impact to the receiving waters by minimizing concentrated stormwater flow; 2) Maximize the use
of sheet flow through vegetated areas; 3) Minimize impervious surface areas; and 4) Locate
development away from surface waters and drainageways to the maximum extent practicable.
F. The portion of the parcel(s) which is not developed as part of the paired parcel, but that
is being averaged in the land area being evaluated to meet the built-upon surface area, shall
remain in a vegetated or natural state and be placed in a permanent conservation easement
granted under G.S. 121-35 to the [county][town] or a land conservation organization. The
property or portions of the properties that are not being developed will remain in a vegetated or
natural state and will be managed by a homeowners' association as common area, conveyed to
a local government as a park or greenway, or placed under a permanent conservation or
farmland preservation easement. A metes and bounds description of the areas to remain
vegetated and limits on use shall be recorded on the subdivision plat, in homeowners' covenants,
and on individual deed and shall be irrevocable.
G. A Special Use permit shall be obtained from the Watershed Review Board (Town Board)
to ensure that both parcels considered together meet the standards of the ordinance and that
potential buyers have notice of how the watershed regulations were applied to the parcel pair.
Only the owner(s) of both of the paired parcels may submit the application for the Special Use
permit. A site plan for both of the parcels must be submitted and approved as part of the Special
Use permit. If such a permit is granted, no change in the development proposal authorized for
either parcel shall be made unless the permit is amended. Upon issuance of such permit, one
179

copy will be forwarded to NCDENR. Included with the Special Use permit will be a site plan,
registered plats for both properties, a description of both properties, and documentation
reflecting the development restrictions to the parcel pair that will remain undeveloped.
H. The conservation easement shall be recorded in the deed for the parcel to which it
applies. The Special Use permit shall be recorded in the deed for each of the parcels in the
parcel pair. Both the easement and the permit shall be noted on the subdivision plat or site plan
that applies to each of the parcels.
I. Paired parcel averaged-density developments that meet the low-density option
development requirements shall transport stormwater runoff from the development by vegetated
conveyances to the maximum extent practicable.
J. No parcel for which a watershed variance has been granted, or would be required, may
be included as part of a parcel pair.
K. The development proposal for the parcel pair shall be consistent with the orderly and
planned distribution of development throughout the watershed.
L. The Watershed Review Board shall make written findings supported by appropriate
calculations and documentation that the paired parcel averaged-density development plan as a
whole conforms to the intent and requirements of this Article and Section, and that the proposed
agreement assures protection of the public interest and achievement of the objectives of this
Article.
13.9 Public Health Regulations
A. No activity, situation, structure or land use shall be allowed with the watershed which
poses a threat to water quality and the public health, safety and welfare. Such conditions may
arise from inadequate onsite sewage systems which utilize ground absorption; inadequate
sedimentation and erosion control measures; the improper storage or disposal of junk, trash or
other refuse within the buffer area; the absence or improper implementation of a spill
containment plan for toxic and hazardous materials; the improper management of storm water
runoff; or any other situation found to pose a threat to water quality.
B. Abatement. The Administrative Officer shall monitor land use activities within the
watershed areas to identify situations that may pose a threat to water quality.
C. The Administrative Officer shall report all findings to the Planning Board. The
Administrative Officer may consult with any public agency or official and request
recommendations.
D. Where the Planning Board finds a threat to water quality and the public health, safety and
welfare, the Board shall institute any appropriate action or proceeding to restrain, correct or
abate the condition and/or violation.
180

13.10 Powers and Duties of the Watershed Review Board.
(A) Administrative Review. The Watershed Review Board shall hear and decide appeals
from any decision or determination made by the Watershed Administrator in the enforcement of
this ordinance.
(B) Variances. The Watershed Review Board shall have the power to authorize, in
specific cases, minor variances from the terms of this Ordinance as will not be contrary to the
public interests where, owing to special conditions, a literal enforcement of this Ordinance will
result in practical difficulties or unnecessary hardship, so that the spirit of this Ordinance shall
be observed, public safety and welfare secured, and substantial justice done. In addition, the
[county][town] shall notify and allow a reasonable comment period for all other local governments
having jurisdiction in the designated watershed where the variance is being considered.
(1) Applications for a variance shall be made on the proper form obtainable from
the Watershed Administrator and shall include the following information:
(a) A site plan, drawn to a scale of at least one (1) inch to forty (40) feet,
indicating the property lines of the parcel upon which the use is proposed; any
existing or proposed structures; parking areas and other built-upon areas; surface
water drainage. The site plan shall be neatly drawn and indicate north point, name
and address of person who prepared the plan, date of the original drawing, and an
accurate record of any later revisions.
(b) A complete and detailed description of the proposed variance, together
with any other pertinent information which the applicant feels would be helpful to
the Watershed Review Board in considering the application.
(c) The Watershed Administrator shall notify in writing each local
government having jurisdiction in the watershed and the entity using the water
supply for consumption. Such notice shall include a description of the variance
being requested. Local governments receiving notice of the variance request may
submit comments to the Watershed Administrator prior to a decision by the
Watershed Review Board. Such comments shall become a part of the record of
proceedings of the Watershed Review Board.
(2) Before the Watershed Review Board may grant a variance, it shall make the
following three findings, which shall be recorded in the permanent record of the
case, and shall include the factual reasons on which they are based:
(a) There are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of the Ordinance. In order to determine that there are
practical difficulties or unnecessary hardships, the Board must find that the five
following conditions exist:
(1) If he complies with the provisions of the Ordinance, the applicant
can secure no reasonable return from, nor make reasonable use of, his
181

property. Merely proving that the variance would permit a greater profit to
be made from the property will not be considered adequate to justify the
Board in granting an variance. Moreover, the Board shall consider whether
the variance is the minimum possible deviation from the terms of the
Ordinance that will make possible the reasonable use of his property.
(2) The hardship results from the application of the Ordinance to the
property rather than from other factors such as deed restrictions or other
hardship.
(3) The hardship is due to the physical nature of the applicant's
property, such as its size, shape, or topography, which is different from that
of neighboring property.
(4) The hardship is not the result of the actions of an applicant who
knowingly or unknowingly violates the Ordinance, or who purchases the
property after the effective date of the Ordinance, and then comes to the
Board for relief.
(5) The hardship is peculiar to the applicant's property, rather than
the result of conditions that are widespread. If other properties are equally
subject to the hardship created in the restriction, then granting a variance
would be a special privilege denied to others, and would not promote equal
justice.
(b) The variance is in harmony with the general purpose and intent of the
Ordinance and preserves its spirit.
(c) In the granting of the variance, the public safety and welfare have been
assured and substantial justice has been done. The Board shall not grant a
variance if it finds that doing so would in any respect impair the public health,
safety, or general welfare.
(3) In granting the variance, the Board may attach thereto such conditions
regarding the location, character, and other features of the proposed building, structure,
or use as it may deem advisable in furtherance of the purpose of this ordinance. If a
variance for the construction, alteration or use of property is granted, such construction,
alteration or use shall be in accordance with the approved site plan.
(4) The Watershed Review Board shall refuse to hear an appeal or an application
for a variance previously denied if it finds that there have been no substantial changes in
conditions or circumstances bearing on the appeal or application.
(5) A variance issued in accordance with this Section shall be considered a
Watershed Protection Permit and shall expire if a Building Permit or Watershed
Occupancy Permit for such use is not obtained by the applicant within six (6) months from
182

the date of the decision.
(6) If the application calls for the granting of a major variance, and if the Watershed
Review Board decides in favor of granting the variance, the Board shall prepare a
preliminary record of the hearing with all deliberate speed. The preliminary record of the
hearing shall include:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence, and rulings on them;
(e) Proposed findings and exceptions;
(f) The proposed decision, including all conditions proposed to be
added to the permit.
The preliminary record shall be sent to the Environmental Management Commission for
its review as follows:
(a) If the Commission concludes from the preliminary record that the
variance qualifies as a major variance and that (1) the property owner can secure
no reasonable return from, nor make any practical use of the property unless the
proposed variance is granted, and (2) the variance, if granted, will not result in a
serious threat to the water supply, then the Commission shall approve the variance
as proposed or approve the proposed variance with conditions and stipulations.
The Commission shall prepare a Commission decision and send it to the
Watershed Review Board. If the Commission approves the variance as proposed,
the Board shall prepare a final decision granting the proposed variance. If the
Commission approves the variance with conditions and stipulations, the Board
shall prepare a final the water supply, then the Commission shall deny approval of
the variance as proposed. The Commission shall prepare a Commission decision
and send it to the Watershed Review Board. The Board shall prepare a final
decision denying the variance as proposed.
13.11 Remedies
(A) If any subdivision, development and/or land use is found to be in violation of this
Ordinance, the Town Board of Commissioners may, in addition to all other remedies available
either in law or in equity, institute a civil penalty per the code enforcement section of this
Ordinance, action or proceedings to restrain, correct, or abate the violation; to prevent
occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or
use in or about the premises. In addition, the N.C. Environmental Management Commission
may assess civil penalties in accordance with G.S. 143-215.6(a). Each day that the violation
continues shall constitute a separate offense.
(B) If the Watershed Administrator finds that any of the provisions of this ordinance are
183

being violated, he shall notify in writing the person responsible for such violation, indicating the
nature of the violation, and ordering the action necessary to correct it. He shall order
discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or
structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal
work being done; or shall take any action authorized by this ordinance to ensure compliance
with or to prevent violation of its provisions. If a ruling of the Watershed Administrator is
questioned, the aggrieved party or parties may appeal such ruling to the Watershed Review
Board.
184

Article 14, SIGNS
14.1 Permit Required for Signs
A. Except as otherwise provided in Sections 14.2 (Signs Excluded from Regulation) and
14.3 (Certain Temporary Signs: Permit Exceptions and Additional Regulations), no sign may be
constructed, erected, moved, enlarged, illuminated or altered except in accordance with the
provisions of this Article. Mere repainting or changing the message of a sign shall not, in and of
itself, be considered an alteration.
B. No sign, except those exempt under the provisions referenced in Subsection A, shall be
constructed, erected, moved, enlarged, illuminated, or altered without first obtaining a Sign
Permit from the Administrative Officer and/or the Board of Commissioners.
C. Sign Permit applications and Sign Permits shall be governed by the same provisions of
this Ordinance applicable to Zoning Compliance Permits.
D. In the case of a lot occupied or intended to be occupied by multiple business enterprises
(e.g., a shopping center), Sign Permits shall be issued in the name of the lot owner or his/her
agent, rather than in the name of the individual business enterprise requesting a particular sign.
The Town may assist the owner by suggesting a formula whereby the maximum square footage
of sign area allowed on the lot may be allocated equitably among all tenants, but the Town shall
be responsible for enforcing only the provisions of this Ordinance, and not the provisions of any
allocation formula, lease, or other private restriction.
14.2 Signs Excluded from Regulation
The following signs are exempt from regulation under this Ordinance:
1. Signs not exceeding four (4) square feet in area that are customarily associated with
residential use, such as:
a. signs giving property identification names, numbers, or names of occupants,
b. signs on mailboxes or newspaper tubes, and
c. signs posted on private property relating to private parking or warning the public
against trespassing or danger from animals;
2. Signs erected by, or on behalf of, or pursuant to, the authorization of a governmental
body, including legal notices, identification and informational signs, and traffic, directional, or
regulatory signs;
185

3. Official signs of a non-commercial nature erected by public utilities;
4. Flags, pennants, or insignia of any governmental or nonprofit organization when not
displayed in connection with a commercial promotion; provided that such flags, pennants, or
insignia may be displayed within a public right-of-way only when authorized by a resolution
adopted by the Board of Commissioners.
5. Integral decorative or architectural features of buildings or works of art, so long as such
features or works do not contain letters, trademarks, moving parts, or lights;
6. Signs directing and guiding traffic on private property that do not exceed four (4) square
feet in area, and that bear no advertising matter;
7. Bulletin boards, identification signs, and directional signs that do not exceed one per
abutting street and 16 square feet in area and that are not internally illuminated.
8. Signs painted on, or otherwise permanently attached to, currently licensed motor vehicles
that are not primarily used as signs;
14.3 Certain Temporary Signs: Permit Exemptions and Additional
Regulations
A. The following temporary signs are permitted without a Zoning Compliance, Special Use,
or Sign Permit. However, such signs shall conform to the requirements set forth below as well
as all other applicable requirements of this Ordinance, except those contained in Sections 14.6
(Total Sign Surface Area), and 14.8 (Number of Freestanding Signs).
1. Signs containing the message that the real estate on which the sign is located
(including buildings) is for sale, lease, or rent, together with information identifying the
owner or agent. On residential lots less than 5 acres in size, such signs may not exceed
four (4) square feet in area and shall be removed immediately after sale, lease, or rental.
Signs advertising commercial property for sale, lease, or rent, together with information
identifying the owner or agent, shall not exceed thirty-two (32) square feet in area, and
shall be removed no later than ten (10) days after the sale or lease of the building or land
has been closed. For lots of less than five (5) acres, a single sign on each street frontage
may be erected. For parcels of land of five (5) acres or more in area, signs shall not
exceed sixteen (16) square feet in area. If the parcel of land is a corner lot, one sign will
be allowed on each street frontage. For parcels of land in excess of one thousand (1000)
feet in street frontage, one sign may be placed every one thousand feet such that no two
signs will be closer than one thousand feet;
2. Construction site identification signs may identify the project, the owner or
developer, architect, engineer, contractor and subcontractors, funding sources, and may
contain related information including, but not limited to, sale or leasing information. Not
more than one (1) such sign may be erected per site, and it may not exceed thirty-two
186

(32) square feet in area. Such signs shall not be erected prior to the issuance of a Sign
Permit and shall be removed within ten (10) days after the issuance of the Certificate of
Occupancy for the principal use;
3. Signs attached temporarily to the interior of a building, window, or glass door,
individually or collectively, may not cover more than sixty-five percent(65%)of the surface
area of the transparent portion of the window or door to which they are attached. Such
signs shall be removed within thirty (30) days after placement;
4. Displays, including lighting, erected in connection with the observance of holidays
shall be removed within ten (10) days following the holidays;
5. Signs erected in connection with elections or political campaigns shall not be
erected more than thirty (30) days before the election and shall be removed within three
(3) days following the election or conclusion of the campaign. No such sign may exceed
six (6) square feet in surface area and shall be limited to one (1) sign per candidate per
lot;
6. Signs indicating that a special event such as a grand opening, fair, carnival, circus,
festival, or similar event is to take place on the lot where the sign is located may be erected
no sooner than two (2) weeks before the event and must be removed no later than three
(3) days after the event. A permit is required if the signs are to be up longer than two (2)
weeks.
7. Temporary signs not covered in the foregoing categories, so long as such signs
meet the following restrictions:
a. Not more than one (1) such sign may be located on any lot,
b. No such sign may exceed four (4) square feet in surface area, and
c. Such sign may not be displayed for longer than three (3) consecutive days
nor more than ten (10) days out of any three hundred sixty-five (365) day period.
B. Freestanding A-Frame Signs - Freestanding A-Frame Signs (sometimes called
sidewalk signs or sandwich signs) are permitted in all non-residential districts, subject
to the following rules:
1 . Only on A-frame sign per business.
2. Maximum 8 sq. ft. per sign face.
3. Signs shall not impede normal pedestrian or vehicular traffic or accessibility or be
located within a required sight triangle.
4. Signs shall not be located within any public or private right-of-way.
5. Signs must be removed daily.
187

C. Other temporary signs not listed in Subsection A shall be regarded and treated in all
respects as permanent signs, except that temporary signs shall not be included in calculating
the total amount of permitted sign area.
14.4 Determining the Number of Signs
A. For the purpose of determining the number of signs, a sign shall be considered to be a
single display surface or display device containing elements organized, related, and composed
to form a unit. Where matter is displayed in a random manner without organized relationship of
elements, each element shall be considered a single sign.
B. A two (2) sided or multi-sided sign shall be regarded as one (1) sign so long as:
1. With respect to a V-type sign, the two (2) sides are at no point separated by a
distance that exceeds five (5) feet, and
2. With respect to double-faced (back-to-back)signs, the distance between the backs
of each face of the sign does not exceed three (3) feet.
14.5 Computation of Sign Area
A. The surface area of a sign shall be computed by including the entire area within:
a. a single, continuous, rectilinear perimeter of not more than eight (8) straight lines,
or
b. a circle or an ellipse, enclosing the extreme limits of the writing, representation,
emblem, or other display, together with any material or color forming an integral part of
the background of the display or used to differentiate the sign from the backdrop or
structure against which it is placed, but not including any supporting framework or bracing
that is clearly incidental to the display itself.
B. If the sign consists of more than one (1) section or module, all of the area, including that
between sections or modules, shall be included in the computation of the sign area.
C. With respect to two (2) sided, multi-sided, or three (3) dimensional signs, the sign surface
area shall be computed by including the total of all sides designed to attract attention or
communicate information that can be seen at any one (1) time by a person from one (1) vantage
point. Without otherwise limiting the generality of the foregoing:
1. The sign surface area of a double faced, back to back sign shall be calculated by
using the area of only one (1) side of such sign, so long as the distance between the
backs of such signs does not exceed three (3) feet;
188

2. The sign surface area of a double faced sign constructed in the form of a "V" shall
be calculated by using the area of only one (1) side of such sign (the larger side if there
is a size difference), so long as the angle of the "V" does not exceed thirty (30) degrees
and at no point does the distance between the backs of such sides exceed five (5) feet.
14.6 Total Sign Surface Area Per Lot
A. Unless otherwise provided in this Article, the total surface area devoted to all signs on
any lot shall not exceed the limitations set forth in Table 14-1 (Total Sign Surface Area Allowed
per Lot), and all signs except temporary signs shall be included in this calculation.
Table 14-1: Total Sign Surface Area Allowed Per Lot
Zoning Categories
Residential Mixed Use Heavy Commercial Industrial
8 Sq. Ft. No more than twice the No more than twice the No more than twice the
frontage of one street o frontage of one street or frontage of one street or
150 Sq. Ft. 300 Sq. Ft. 500 Sq. Ft.
B. If a lot has frontage on more than one (1) street, then the total sign surface area permitted
on that lot shall be the sum of the sign surface area allotments related to each street on which
the lot has frontage. However, the total sign surface area that is oriented toward a particular
street may not exceed the portion of the lot's total sign surface area allocation that is derived
from frontage on that street.
C. Whenever a lot is situated such that it has no street frontage on any lot boundary and an
applicant desires to install on such a lot a sign that is oriented toward a street, then the total sign
surface area permitted on that lot shall be the sign surface area that would be allowed if the lot
boundary closest to the street toward which such sign is to be oriented fronted on such street.
The applicant shall be restricted to using only one (1) street and the closest lot boundary to this
street for determining the total permitted sign surface area. However, the applicant shall be
given the opportunity to determine the one (1) street used in the calculations.
D. Establishments with a building frontage of fifty (50) feet or less shall have no wall sign
greater than thirty-five (35) square feet.
E. Establishments with a building frontage greater than fifty (50) feet shall have a maximum
wall sign area of one square foot of sign area for each foot of building frontage or one hundred
(100) square feet of sign area, whichever is less.
14.7 Freestanding Sign Surface Area
A. For purposes of this Section, a side of a freestanding sign is any plane or flat surface
included in the calculation of the total sign surface area as provided in Section 14.5 (Computation
189

of Sign Area). For example, wall signs typically have one (1) side. Freestanding signs typically
have two (2) sides (back to back), although four (4) sided and other multi-sided signs are also
common.
B. Table 14-2 (Maximum Permitted Freestanding Sign Surface Area) outlines the maximum
amount of freestanding sign area allowed.
Table 14-2: Maximum Permitted Freestanding Sign Surface Area
Zoning Districts < 200 Feet of Street > 200 but < 400 Feet > 400 Feet of
Frontage of Street Frontage Street Frontage
Residential 4 Sq. Ft. 4 Sq. Ft. 4 Sq. Ft.
I Mixed Use 150 Sq. Ft. 175 Sq. Ft. 1 100 Sq. Ft.
Heavy Commercial 50 Sq. Ft. 75 Sq. Ft. 100 Sq. Ft.
Industrial 50 Sq. Ft. 75 Sq. Ft. 100 Sq. Ft.
C. With respect to freestanding signs that have no discernable sides, such as spheres or
other shapes not composed of flat planes, no such freestanding sign may exceed the maximum
total surface area allowed under Subsections B, or C for a single side of a freestanding sign.
14.8 Number of Freestanding Signs
A. Except as authorized by this Section, no development may have more than one (1)
freestanding sign.
B. If a development is located on a corner lot that has at least one hundred (100) feet of
frontage on each of the two (2) intersecting public streets, then the development may have not
more than one (1) freestanding sign on each side of the development bordered by such streets.
14.9 Subdivision and Multi-Family Development Entrance Signs
At any entrance to a residential subdivision or multi-family development, there may be not more
than two (2) signs identifying such subdivision or development. A single side of any such sign
may not exceed sixteen (16) square feet in surface area, nor may the total surface area of all
such signs located at a single entrance exceed thirty-two (32) square feet in surface area.
14.10 Location and Height Requirements
A. Freestanding signs shall be located a minimum of thirty-five (35) feet from the street
centerline and twelve (12) feet from any side or rear boundary lines.
B. No sign may extend above any parapet or be placed upon any roof surface, except that
for purposes of this Section, roof surfaces constructed at an angle of seventy-five (75) degrees
190

or more from horizontal shall be regarded as wall space. This Subsection shall not apply to
displays, including lighting, erected in connection with the observation of holidays, on the roofs
of residential structures.
C. No sign attached to a building may project more than twelve (12) inches from the building
wall.
D. No sign or supporting structure may be located in or over the traveled portion of any public
right-of-way unless the sign is attached to a structural element of a building and an
encroachment permit has been obtained from the Town or the State Department of
Transportation.
E. No part of a freestanding sign may exceed a height, measured from ground level, of
twenty-five (25) feet in the HC and I Districts, and fifteen (15) feet in the MU District, and six (6)
feet in all residential districts.
14.11 Sign Illumination and Signs Containing Lights
A. Unless otherwise prohibited by this Ordinance, signs may be illuminated if such illumination
is in accordance with this Section.
B. No sign within one hundred-fifty (150) feet of a residential zone may be illuminated between
the hours of 12 AM and 6 AM, unless the impact of such lighting beyond the boundaries of
the lot where it is located is entirely inconsequential.
C. Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign
and does not shine directly into a public right-of-way or residential premises.
D. Except as herein provided, and for signs relating to places of worship, internally illuminated
signs are not permissible in the residential zoning districts.
E. Subject to Subsection G, illuminated tubings or strings of lights that outline property lines,
sales areas, roof lines, doors, windows, or similar areas are prohibited.
F. Subject to Subsection G, no sign may contain or be illuminated by flashing or intermittent
lights or lights of changing degrees of intensity, except signs indicating the time, date or
weather conditions.
G. Subsections E, and F do not apply to temporary signs erected in connection with the
observance of holidays.
191

14.12 Off-Premise Signs
A. An off-premise sign may be reviewed by the Board of Commissioners. These off-premise
signs do not include billboards. The Board will consider the sign based on the following content-
neutral criteria:
1. Letter of approval from the property owner in which the sign will be located.
2. Location. The location of the sign cannot impede the view of other businesses, signs,
or site triangles. The signs may be co-located on the same sign as other messages.
3. Zoning districts. These signs may only be considered on property zoned Heavy
Commercial (HC) or Mixed Use (MU)
4. Size. Off-premise signs may not exceed 32 sq ft and must be at least 12' from the
edge of pavement. If located on a freestanding pole, the sign cannot exceed 25' in
height.
5. Only one off-premise sign is allowed per use.
6. Only one off-premise sign is allowed per property.
7. The Board may consider the location and visibility of the entity applying for the off-
premise sign to determine if an off-premise sign is warranted.
14.13 Miscellaneous Restrictions and Prohibitions
A. As provided in the Table of Permitted Uses, no billboards, except those exempted from
regulation or permit requirements under Sections 14.2 (Signs Excluded from Regulation) or 14.3
(Certain Temporary Signs: Permit Exemptions and Additional Regulations) may be located in
any district.
B. No sign may be located so that it interferes with the view necessary for motorists to
proceed safely through intersections or to enter onto or exit from public streets or private roads.
C. Signs that revolve or are animated, or that utilize movement or apparent movement to
attract the attention of the public, are prohibited. Without limiting the foregoing, banners,
streamers, animated display boards, pennants, and propellers are prohibited, but signs that only
move occasionally because of wind are not prohibited if their movement
1. Is not a primary design feature of the sign, and
2. Is not intended to attract attention to the sign.
The restriction of this Subsection shall not apply to signs specified in Section 14.2 (Signs
Excluded from Regulation), (4) or to signs indicating the time, date, or weather conditions.
D. No sign may be erected so that by its location, color, size, shape, nature, or message, it
would tend to obstruct the view of, or be confused with, official traffic signs or other signs erected
by governmental agencies.
E. Freestanding signs shall be securely fastened to the ground or to some other supportive
structure so that there is virtually no danger that either the sign or the supportive structure may
be moved by the wind or other forces of nature and cause injury to persons or property. All
192

freestanding signs shall be constructed to meet the requirements of the North Carolina State
Building Code and other applicable codes and regulations.
F. Monument style shopping center entrance signs for shopping centers containing up to
five (5) stores shall be allowed one hundred (100) square feet of sign area. If the shopping
center contains more than five (5) stores, the monument sign can be up to two hundred (200)
square feet in area.
14.14 Construction and Maintenance of Signs
A. Materials. All signs, excluding awning and window signs, shall be constructed only from
wood, metal, stone or other material which has the general appearance of structures composed
primarily of wood, metal or stone with painted, engraved or raised messages. Sign materials
shall compliment the original construction materials and architectural style of the building façade
on which they are to be displayed. If plywood is used, medium density overlay shall be used as
a minimum grade. Bare plywood is prohibited.
Colors. In selecting the principal colors for a sign, colors that complement the color of the
building shall be used.
B. All signs and all components thereof, including without limitation, supports, braces, and
anchors, shall be kept in a state of good repair. With respect to freestanding signs, components
(supporting structures, backs, etc.) not bearing a message shall be constructed of materials that
blend with the natural environment or shall be painted a neutral color to blend with the natural
environment.
C. If a sign, other than a billboard, advertises a business, service, commodity,
accommodation, attraction, or other enterprise or activity that is no longer operating or being
offered or conducted, that sign shall be considered abandoned and shall, within sixty (60) days
after such abandonment, be removed by the sign owner, owner of the property where the sign
is located, or other party having control over such sign.
D. If the message portion of a sign is removed, leaving only the supporting "shell" of a sign
or the supporting braces, anchors, or similar components, the owner of the sign or the owner of
the property where the sign is located, or other person having control over such sign shall, within
sixty (60) days of the removal of the message portion of the sign, either replace the entire
message portion of the sign or remove the remaining components of the sign. This Subsection
shall not be construed to alter the effect of Section 6.9 (Nonconforming Signs), Subsection C,
that prohibits the replacement of a nonconforming sign, nor shall this Section be construed to
prevent the changing of the message of the sign.
E. Planted Area. The base of every permanent freestanding sign erected after adoption of
this ordinance shall stand in a bed of plants. The size of the planted landscape area shall be
determined by multiplying the height of the sign (measured from the ground to the upper most
part of the sign) by the width of the sign (widest dimension), divided by two, but in no case shall
193

the planted area be less than 50 square feet, unless restricted by the amount or size of land
upon which the sign is situated that is owned or controlled by the applicant. The planted
landscape area shall contain 50% evergreen shrubs and 50% perennials with approximate
ground cover.
14.15 Unlawful Cutting of Trees or Shrubs
No person may, for the purpose of increasing or enhancing the visibility of any sign, damage,
trim, destroy, or remove any trees, shrubs, or other vegetation located:
1 . Within the right-of-way of any public street or road, unless the work is done
pursuant to the express written authorization of the Town or State Department of
Transportation;
2. On property that is not under the ownership or control of the person doing or
responsible for such work, unless the work is done pursuant to the express authorization
of the person owning the property where such trees or shrubs are located;
3. In any area where such trees or shrubs are required to remain under a permit
issued under this Ordinance.
14.16 Relocation of Signs
Signs for which a Sign Permit has been issued may be relocated in conformance with the
regulations of this Article upon notification to the Administrative Officer. Signs that are
nonconforming may not be relocated except upon removal of all nonconforming features of the
sign.
194

Article 15, PARKING AND LOADING
15.1 Number of Parking Spaces Required
A. All developments in all zoning districts shall provide a sufficient number of off-street
parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted
to the development in question.
B. The presumptions established by this Article are that:
1 . A development must comply with the parking standards set forth in Subsection E
to satisfy the requirement stated in Subsection A, and
2. Any development that meets these standards is in compliance.
However, the Table of Parking Requirements is only intended to establish a presumption
and should be flexibly administered, as provided in Section 15.2 (Flexibility in
Administration Required).
C. When determination of the number of parking spaces required by the Table of Parking
Requirements results in a requirement of a fractional space, any fraction of one-half(1/2) or less
may be disregarded, while a fraction in excess of one-half (1/2) shall be counted as one (1)
parking space.
D. The Town Board of Commissioners recognizes that the Table of Parking Requirements
set forth in Subsection E cannot and does not cover every possible situation that may arise.
Therefore, in cases not specifically covered, the permit issuing authority is authorized to
determine the parking requirements using the Table as a guide.
E. Table of Parking Requirements
195

Table 15-1: Table of Parking Requirements
Use Parking Requirement
Residential
Single-Family Detached (Site 2 spaces per dwelling unit plus 1 space per room rented out (see
Built & Modular), 1 Dwelling Accessory Uses, Section 9.2).
Unit Per Lot
Class A Manufactured Home
Class B Manufactured Home
Manufactured Home Park
2-Family Conversion 2 spaces per dwelling unit, except that 1-bedroom units require only 1
Primary Residence with space.
Accessory Apartment
Duplex
Multi-Family Town homes With respect to multi-family units located in buildings where each
Multi-Family Apartments dwelling unit has an entrance and living space on the ground floor, the
requirement shall be 1% space for each 1-bedroom unit and 2 spaces
for each unit with 2 or more bedrooms. Multi-family units limited to
persons of low or moderate income or the elderly require only 1 space
per unit. All other multi-family units require 1 space for each bedroom
in each unit plus 1 additional space for every 4 units in the development.
Family Care Home 2 spaces per 5 residents & 1 space per employee.
Group Care Home 3 spaces for every 5 beds except for uses exclusively serving children
under 16 years of age, in which case 1 space for every 3 beds shall be
required.
Hotels & Motels 1 space for each room to be rented plus additional space(in accordance
with other Sections of this Table)for restaurants or other facilities.
Bed & Breakfast 2 spaces per main dwelling unit plus 1 space per room.
Establishments
Sales & Rental of Goods, Merchandise & Equipment
ABC Store 1 space per 200 square feet of gross floor area.
Convenience Store
Wholesale Sales 1 space per 400 square feet of gross floor area.
Businesses with Drive-In 1 space per 200 square feet of gross floor area plus reservoir lane
Windows capacity equal to 3 spaces per window.
Retail Sales with Subordinate 1 space per 200 square feet in the portion of the building to be used for
Manufacturing & Processing retail sales plus 1 space for every 2 employees on the maximum shift.
Retail Store 1 space per 250 square feet of gross floor area, minimum 4 spaces.
Shopping Center Less than 15,000 square feet of gross floor area: minimum four per
1,000 square feet and maximum five per 1,000 square feet; between
15,000 and 400,000 square feet of gross floor area: minimum 3.5 per
1,000 square feet and maximum 4 per 1,000 square feet; over 400,000
square feet of gross floor area: minimum 3 per 1,000 square feet and
maximum 4 per 1,000 square feet.
Manufactured Home Sales 1 space per 2 manufactured homes and a minimum of 5 spaces.
Office, Clerical, Research &Services Not Primarily Related to Goods or Merchandise
196

Operations Designed to 1 space per 200 square feet of gross floor area.
Attract and Serve Customers
or Clients on the Premises,
Such as the Office of
Attorney's, Physicians, Other
Professions, Insurance &
Stock Brokers, Travel Agents,
Governmental Office
Buildings, etc.
Operations Designed to 1 space per 400 square feet of gross floor area.
Attract Little or No Customer
or Client Traffic Other Than
Employees of the Entity
Operating the Principal Use
Offices or Clinics of 1 space per 150 square feet of gross floor area.
Physicians or Dentists With
Not More Than 10,000 Square
Feet of Gross Floor Area
Banks without Drive-In 1 space for each 200 square feet of gross floor area plus 1 space per
Windows each 2 employees.
Banks with Drive-In Windows 1 space per 200 square feet of area within main building plus reservoir
lane capacity equal to 5 spaces per window(10 spaces if window serves
_2 stations).
Automatic Teller Machine, 3 spaces arranged in close proximity to the use.
Freestanding
Trade and repair shops such 1 space per 250 square feet of gross floor area, minimum 4 spaces.
as carpentry, electrical,
plumbing etc.
Manufacturing, Processing, Creating, Repairing, Renovating, Painting, Cleaning, Assembling of
Goods, Merchandise, & Equi•ment
Manufacturing, major 1 space for every 2 employees on the maximum shift
Manufacturing, minor 1 space for every 2 employees on the maximum shift
Operations Conducted 1 space for every 2 employees on the maximum shift. Such uses may
Entirely Within Fully Enclosed provide 1 space per 200 square feet of gross floor area.
Buildings
Operations Conducted Within
or Outside Fully Enclosed
Buildings
Educational, Cultural, Religious, Philanthropic, Social & Fraternal Uses
Elementary, Middle, & 1.75 spaces per classroom in elementary schools; 5.0 spaces per
Secondary Schools (Including classroom in others.
Associated Grounds&Athletic
& Other Facilities)
Trade or Vocational Schools 1 space per 100 square feet of gross floor area.
Churches, Synagogues & 1 space per every 4 seats in the portion of the church building to be
Temples (Including used for services plus spaces for any residential use as determined in
Associated Residential accordance with the parking requirements set forth above for residential
Structures for Religious use, plus 1 space for every 200 square feet of gross floor area designed
Personnel & Associated to be used neither for services nor residential purposes.
Buildings but not Including
Elementary or Secondary
School Buildings)
197

Libraries, Museums, Art 1 space per 300 square feet of gross floor area.
Galleries, Art Centers &
Similar Uses (including
Associated Educational &
Instructional Activities)
Social & Fraternal Clubs & 1 space per 300 square feet of gross floor area.
Lodges, Union Halls, &Similar
Uses
Recreation,Amusement, Entertainment
Arcade/Game Room (Amended 1 space per every 3 persons that the facilities are designed to
2/14/11) Accommodate when fully utilized plus 1 space per employee per shift.
Bingo Game (Amended 2/14/11) 1 space for every 2 seats plus 1 space per employee per shift.
Billiard Parlor/Pool Hall 1 space per table plus 1 space per employee per shift.
(Amended 2/14/11)
Electronic Game Promotion 1 space per machine/terminal plus 1 space per employee per shift.
(Amended 2/14/11)
Recreational Facility (Profit & 1 space per every 3 persons that the facilities are designed to
Non-Profit) accommodate when fully utilized (if they can be measured in such a
fashion —example tennis court or bowling alleys) plus 1 space per 200
square feet of gross floor area used in a manner not susceptible to such
calculation.
Indoor Movie Theater 1 space for every 4 seats.
Community Center 1 space per 200 square feet of area within enclosed buildings.
Camp/Retreat Center 1 space per 200 square feet of area within enclosed buildings, plus 1
space for every 3 persons that the outdoor facilities are designed to
accommodate when used to the maximum capacity.
Golf Course (Independent & 2 spaces per tee.
Country Club)
Golf Driving Ranges Not 1 space per tee plus 1 space per 200 square feet of building gross floor
Accessory to a Golf Course area.
Institutional Residence, Care or Confinement Facilities
Hospitals, Clinics, Other 2 spaces per bed.
Medical (Including Mental
Health) Treatment Facilities In
Excess of 10,000 Square Feet
Restaurants (Including Food Delivery Services), Bars, Night Clubs
Restaurant With None of the 1 space per 100 square feet of gross floor area.
Features Listed Below As Its
Primary Activity
Outside Service or 1 space for every 4 outside seats.
Consumption
Drive-In (Service to and 1 space for each drive-in service spot.
Consumption In Vehicle On
Premises)
Drive Through Windows Reservoir lane capacity equal to 5 spaces per drive-in window.
(Service Directly to Vehicles
Primarily for Off-Premises
Consumption)
Carry Out Service (Food Spaces to be determined according to project level of carry out service.
Picked Up Inside for Off-
Premises Consumption)
Food Delivery 1 space per 200 square feet of floor area plus 1 space per employee
engaged in delivery service.
Night Clubs& Bars 1 space per 3 persons based on the design capacity of the building plus
1 space per each employee on the largest shift.
198

Motor Vehicle Related Sales &Service Operations
Motor Vehicle Sales or Rental 1 space per 200 square feet of floor area.
or Sales & Service
Automobile Service Stations 2 regular spaces per bay plus 1,540 square feet of vehicle storage area
per bay.
Automobile Repair Shop or 2 regular spaces per bay and office plus 810 square feet of vehicle
Body Shop storage area per bay.
Car Wash Conveyor type — 1 space for every 3 employees on the maximum shift
plus reservoir capacity equal to 5 times the capacity of the washing
operation. Self-service type — 2 spaces for drying and cleaning
_purposes per stall plus 2 reservoir spaces in front of each stall.
Petroleum Products (Storage 1 space per employee.
& Distribution)
Storage & Parking
Petroleum Products (Storage 1 space per employee.
& Distribution)
Storage Within Completely 1 space for every 2 employees on the maximum shift but not less than
Enclosed Structures 1 space per 5,000 square feet of area devoted to storage (whether
Storage Outside Completely inside or outside).
Enclosed Structures
Self-Storage/Mini- 1 space for every employee plus 2 visitor parking spaces.
Warehouses
Scrap Materials Salvage 1 space per 200 square feet of gross floor area.
Yards, Junkyards,
Automobile Graveyards
Services& Enterprises Related to Animals
Veterinarian 1 space per 200 square feet of gross floor area.
Kennel
Horse Stable (Public) 1 space per horse that could be kept at the stable when occupied to
maximum capacity.
Riding Stable/Academy 1 space per 4 stables & 1 space per employee
Emergency Services
Police Stations 1 space per 200 square feet of gross floor area.
Fire Stations
Rescue Squad, Ambulance
Service
Civil Defense Operation
Agricultural, Silvicultural Operations
Excluding Livestock 1 space for every 2 employees on the maximum shift.
Including Livestock
Miscellaneous Public &Semi-Public Facilities
Post Office 1 space per 200 square feet of gross floor area.
Military Reserve, National 1 space per 100 square feet of gross floor area.
Guard Centers
Government Offices 1 space per 200 square feet of gross floor area.
Dry Cleaner, Laundromat
With Drive-In Windows 1 space per 200 square feet of gross floor area plus reservoir lane
capacity equal to 3 spaces per window.
Without Drive-In Windows 1 space per 200 square feet of gross floor area.
Utility Facilities
Neighborhood Utility Facility 1 space per employee.
199

Public Utility Stations, 1 space per employee.
Substations, Switching
Stations, Telephone
Exchanges, Public Water &
Sewer Treatment Plants,
Elevated Water Storage
Tanks
Open Air Markets & Horticultural Sales
Open Air Markets (Farm & 1 space per 1,000 square feet of lot area used for storage, display, or
Craft Markets, Flea Markets, sales.
Produce Markets)
Horticultural Sales With
Outdoor Display
Seasonal Christmas or
Pumpkin Sales
Funeral Homes 1 space per 4 seats.
Cemetery&Crematorium
Cemetery (Commercial) 1 space per 200 square feet of gross floor area.
Crematorium
Nursery Schools, Day Care
Child Day Care Facility 1 space for every employee plus 1 space per 250 square feet of floor
Adult Day Care Facility area used for day care in addition to spaces for any residential use as
determined in accordance with the parking requirements set forth above
Family Child Care Home for residential uses.
Temporary Structure or Parking Lots Used In Connection With the Construction of a Permanent
Building or for Some Non-Recurring Purpose
Temporary Structures 1 space per 200 square feet of gross floor area.
Located on the Same Lot as
the Activity Generating the
Need for the Structure
Temporary Parking Facilities
Located On or Off-Site of
Activity Generating the Need
for Parking
Commercial Greenhouse 1 space per 200 square feet of gross floor area.
Operations
Sexually Oriented 1 space per 200 square feet of gross floor area.
Businesses
Shooting Ranges (Indoor) 1 space per 200 square feet of gross floor area.
15.2 Flexibility in Administration Required
A. The Town Board of Commissioners recognizes that, due to the particularities of any given
development, the inflexible application of the parking standards set forth in Section 15.1 (Number
of Parking Spaces Required), Subsection E, may result in a development either with inadequate
parking space or parking space far in excess of its needs. The former situation may lead to
traffic congestion or parking violations in adjacent streets as well as unauthorized parking on
nearby private lots. The latter situation wastes money as well as space that could more desirably
be used for valuable development or environmentally useful open space. Therefore, as
suggested in Section 15.1 (Number of Parking Spaces Required), the permit issuing authority
200

may permit deviations from the presumptive requirements of Section 15.1 (Number of Parking
Spaces Required), Subsection E, and may require more parking, or allow less parking, whenever
it finds that such deviations are more likely to satisfy the standard set forth in Section 15.1
(Number of Parking Spaces Required), Subsection A.
B. Without limiting the generality of the foregoing, the permit issuing authority may allow
deviations from the parking requirements set forth in Section 15.1 (Number of Parking Spaces
Required), Subsection E, when it finds that:
1 . A residential development is irrevocably oriented toward the elderly;
2. A business is primarily oriented to walk-in trade.
C. Whenever the permit issuing authority allows or requires a deviation from the presumptive
parking requirements set forth in Section 15.1 (Number of Parking Spaces Required),
Subsection E, it shall enter on the face of the permit the parking requirement that it imposes,
and the reasons for allowing or requiring the deviation.
D. If the permit issuing authority concludes, based upon information it receives in the
consideration of a specific development proposal, that the presumption established by Section
15.1 (Number of Parking Spaces Required), Subsection E, for a particular use classification is
erroneous, it shall initiate a request for an amendment to the Table of Parking Requirements in
accordance with the procedures set forth in Article 17 (Amendments).
15.3 Parking Space Dimensions
A. Subject to Subsections B, and C, each parking space shall contain a rectangular area at least
twenty (20)feet long and nine (9)feet wide. Lines demarcating parking spaces may be drawn
at various angles in relation to curbs or aisles, so long as the parking spaces so created
contain within them the rectangular area required by this Section.
B. In parking areas containing ten (10) or more parking spaces, up to twenty percent (20%) of
the parking spaces need contain a rectangular area of seven and one-half (7%) feet in width
by fifteen (15) feet in length. If such spaces are provided, they shall be conspicuously
designated as reserved for small or compact cars only.
C. Wherever parking areas consist of spaces set aside for parallel parking, the dimensions of
such parking shall be no less than twenty-two (22) feet by nine (9) feet.
15.4 Required Widths of Parking Area Aisles and Driveways
A. Parking area aisle widths shall conform to the Table 15-2 (Required Parking Aisle Widths)
that varies the width requirements according to the angle of parking.
201

Table 15-2: Required Parking Aisle Widths
I I Parking Angle
Aisle Width 0 Degrees 30 Degrees 45 Degrees 60 Degrees 90 Degrees
One-Way Traffic 13 Feet 11 Feet 13 Feet 18 Feet 24 Feet
Two-Way Traffic 19 Feet 20 Feet 21 Feet 23 Feet 24 Feet
B. Driveways shall not be less than ten (10) feet in width for one-way traffic and eighteen
(18) feet in width for two-way traffic, except that ten (10) foot wide driveways are permissible for
two-way traffic when
1 . The driveway is no longer than fifty (50) feet,
2. It provides access to not more than six (6) spaces, and
3. Sufficient turning space is provided so that vehicles need not back into a public
street.
15.5 General Design Requirements
A. Unless no other practicable alternative is available, vehicle accommodation areas shall be
designed so that, without resorting to extraordinary movements, vehicles may exit such areas
without backing onto a public street. This requirement does not apply to parking areas
consisting of driveways that serve one (1) or two (2) dwelling units, although backing onto
arterial streets is discouraged.
B. Vehicle accommodation areas of all developments shall be designed so that sanitation,
emergency, and other public service vehicles can serve such developments without the
necessity of backing unreasonable distances or making other dangerous or hazardous
turning movements.
C. Every vehicle accommodation area shall be designed so that vehicles cannot extend beyond
the perimeter of such area onto adjacent properties or public rights-of-way. Such areas shall
also be designed so that vehicles do not extend over sidewalks or tend to bump against or
damage any wall, vegetation, or other obstruction.
D. Circulation areas shall be designed so that vehicles can proceed safely without posing a
danger to pedestrians or other vehicles and without interfering with parking areas.
E. No vehicle parking or building construction or similar development use shall be allowed
within the required front (or if on a corner, also the side street) building setback of any lot or
parcel.
202

15.6 Vehicle Accommodation Area Surfaces
A. Vehicle accommodation areas that
1 . include lanes for drive-in windows, or
2. contain parking areas that are required to have more than ten (10) parking spaces
that are used regularly at least five (5) days per week shall be graded and surfaced with
asphalt or concrete that will provide equivalent protection against potholes, erosion, and
dust. Specifications for surfaces meeting the standards set forth in this Subsection are
as follows:
a. Paved Surfaces.
Vehicle accommodation areas paved with asphalt shall be constructed in the same
manner as typical street surfaces. If concrete is used as the paving material,
vehicle accommodation areas shall be similarly constructed except that four (4)
inches of concrete shall be used instead of two (2) inches of asphalt.
b. Unpaved Surfaces.
Vehicle accommodation areas without paving shall be constructed in the same
manner as paved areas except that size thirteen (13) crushed stone may be used
in lieu of asphalt or concrete.
B. Vehicle accommodation areas that are not provided with the type of surface specified in
Subsection A shall be graded and surfaced with crushed stone. The perimeter of such parking
areas shall be defined by bricks, stones, railroad ties, or other similar devices. In addition,
whenever such a vehicle accommodation area abuts a paved street, the driveway leading from
such street to such area (or, if there is no driveway, the portion of the vehicle accommodation
area that opens onto such streets), shall be paved as provided in Subsection A for a distance of
fifteen (15)feet back from the edge of the paved street. This Subsection shall not apply to single-
family or two-family residences or other uses that are required to have only one (1) or two (2)
parking spaces.
C. Parking spaces in areas surfaced in accordance with Subsection A shall be appropriately
demarcated with painted lines or other markings. Parking spaces in areas surfaced in
accordance with Subsection B shall be demarcated whenever practicable.
D. Vehicle accommodation areas shall be properly maintained in all respects. In particular,
and without limiting the foregoing, vehicle accommodation area surfaces shall be kept in good
condition (free from potholes, etc.) and parking space lines or markings shall be kept clearly
visible and distinct.
203

15.7 Joint Use of Required Parking Spaces
A. One (1) parking area may contain required spaces for several different uses, but except
as otherwise provided in this Section, the required space assigned to one (1) use may not be
credited to any other use.
B. To the extent that developments that wish to make joint use of the same parking spaces
operate at different times, the same spaces may be credited to both uses. For example, if a
parking lot is used in connection with an office building Monday through Friday, but is generally
ninety percent (90%) vacant on weekends, another development that operates only on
weekends could be credited with ninety percent (90%) of the space on that lot. Or, if a church
parking lot is generally occupied only to fifty percent (50%) of capacity on days other than
Sunday, another development could make use of fifty percent (50%) of the church lot's spaces
on those other days.
C. If the joint use of the same parking spaces by two (2) or more principal uses involves
satellite parking spaces, then the provisions of Section 15.8 (Satellite Parking) are also
applicable.
15.8 Satellite Parking
A. If the number of off-street parking spaces required by this Ordinance cannot reasonably be
provided on the same lot where the principal use associated with these parking spaces is
located, then spaces may be provided on adjacent or nearby lots in accordance with the
provisions of this Section. These off-site spaces are referred to in this Section as satellite
parking spaces.
B. All such satellite parking spaces (except spaces intended for employee use) must be located
within four hundred (400) feet of a public entrance of a principal building housing the use
associated with such parking, or within
C. four hundred (400) feet of the lot on which the use associated with such parking is located if
the use is not housed within any principal building. Satellite parking spaces intended for
employee use may be located within any reasonable distance.
D. The developer wishing to take advantage of the provisions of this Section must present
satisfactory written evidence that he/she has the permission of the owner or other person in
charge of the satellite parking spaces to use such spaces. The developer must also sign an
acknowledgement that the continuing validity of his/her permit depends upon his/her
continuing ability to provide the requisite number of parking spaces.
E. Persons who obtain satellite parking spaces in accordance with this Section shall not be held
accountable for ensuring that the satellite parking areas from which they obtain their spaces
satisfy the design requirements of this Article.
204

15.9 Special Provisions for Lots With Existing Buildings
Notwithstanding any other provisions of this Ordinance, whenever
1 . There exists a lot with one (1) or more structures on it constructed before the
effective date of this Ordinance, and
2. A change in use that does not involve any enlargement of a structure is proposed
for such lot, and
3. The parking requirements of Section 15.1 (Number of Parking Spaces Required)
that would be applicable as a result of the proposed change cannot be satisfied on such
lot because there is not sufficient area available on the lot that can practicably be used
for parking, then the developer need only comply with the requirements of Section 15.1
(Number of Parking Spaces Required) to the extent that
a. Parking space is practicably available on the lot where the development is
located, and
b. Satellite parking space is reasonably available as provided in Section 15.7
(Joint Use of Required Parking Spaces).
However, if satellite parking subsequently becomes reasonably available, then it shall be a
continuing condition of the permit authorizing development on such lot that the developer obtain
satellite parking when it does become available.
15.10 Loading and Unloading Areas
A. Subject to Subsection E, whenever the normal operation of any development requires
that goods, merchandise, or equipment be routinely delivered to or shipped from that
development, a sufficient off-street loading and unloading area must be provided in accordance
with this Section to accommodate the delivery or shipment operations in a safe and convenient
manner.
B. The loading and unloading area must be of sufficient size to accommodate the numbers
and types of vehicles that are likely to use this area, given the nature of the development in
question. Table 15-3 (Required Loading and Unloading Space Requirements) indicates the
number and size of spaces that, presumptively, satisfy the standard set forth in this Section.
However, the permit issuing authority may require more or less loading and unloading area if
reasonably necessary to satisfy the foregoing standard.
205

Table 15-3: Required Loading and Unloading Space Requirements
I Gross Area of Building (in Square Feet) I Number of Spaces*
1,000- 19,999 1
20,000-79,999 2
80,000- 127,999 3
128,000- 191,999 4
192,000-255,999 5
256,000-319,999 6
320,000-391,999 7
Plus one (1) space for each additional 72,000 square feet or fraction thereof.
*Minimum dimensions of 12 feet X 55 feet and overhead clearance of 14 feet from street grade required.
C. Loading and unloading areas shall be so located and designed so that the vehicles
intended to use them can
1 . Maneuver safely and conveniently to and from a public right-of-way, and
2. Complete the loading and unloading operations without obstructing or interfering
with any public right-of-way or any parking space or parking lot aisle.
D. No area allocated to loading and unloading facilities may be used to satisfy the area
requirements for off-street parking, nor shall any portion of any off-street parking area be used
to satisfy the area requirements for loading and unloading facilities, whenever:
1 . There exists a lot with one (1) or more structures on it constructed before the
effective date of this Ordinance, and
2. A change in use that does not involve any enlargement of a structure is proposed
for such lot, and
3. The loading area requirements of this Section cannot be satisfied because there
is not sufficient area available on the lot that can practicably be used for loading and
unloading, then the developer need only comply with this Section to the extent reasonably
possible.
206

Article 16, SUBDIVISION REGULATIONS
16.1 Subdivision Regulations
The purpose of this article is to establish procedures and standards for the development
and subdivision of land within the territorial jurisdiction of the Town of Vass. It is further designed
to provide for the orderly growth and development of the Town; for the coordination of
transportation networks and utilities within proposed subdivisions with existing or planned streets
and highways and with other public facilities; for the dedication or reservation of recreation areas
serving residents of the immediate neighborhood within the subdivision and of rights-of-way or
easements for street and utility purposes; and for the distribution of population and traffic in a
manner that will avoid congestion and overcrowding and will create conditions that substantially
promotes public health, safety, and the general welfare. This ordinance is designed to further
facilitate adequate provision of water, sewerage, parks, schools, and playgrounds, and also to
facilitate the further re-subdivision of larger tracts into smaller parcels of land.
This ordinance is hereby adopted under the authority and provisions of the General
Statutes of North Carolina, Chapter 160D-801 , Subdivision Regulations, for the Town of Vass,
and its extraterritorial jurisdiction.
16.2 Prerequisite to Plat Recordation
After the effective date of this ordinance, each individual subdivision plat of land within
the Town's jurisdiction shall be approved by either the Subdivision Administrator (in the case of
a minor subdivision), or the Town Board on the recommendation of the Planning Board (in the
case of a major subdivision).
16.3 Acceptance of Streets
No street shall be maintained by the Town nor street dedication accepted for ownership
and maintenance in any subdivision for which a plat is required to be approved unless and until
such final plat has been approved by the Town of Vass and such street(s) is/are accepted for
ownership and maintenance by the Town of Vass.
16.4 Thoroughfare Plans
When a proposed subdivision includes any part of a thoroughfare which has been
designated as such upon the officially adopted thoroughfare plan of the Town, such
part of such thoroughfare shall be platted by the property owner in the location shown
on the plan and at the width specified in this ordinance.
207

16.5 School Sites on Land Use Plan
If the Vass Town Board and the appropriate Board of Education have jointly determined
the specific location and size of any school sites to be reserved and that information appears in
the comprehensive land use plan, the Planning Board shall immediately notify the appropriate
Board of Education whenever a sketch plan of a subdivision is submitted which includes all or
part of a school site to be reserved. The Board of Education shall promptly decide whether it
wishes the site to be reserved. If the Board of Education does not wish to reserve the site, it shall
so notify the Planning Board. If the Board of Education has not purchased or begun proceedings
to condemn the site within 18 months, the property owner may treat the land as freed of the
reservation.
16.6 General Procedure for Plat Approval
After the effective date of this ordinance, no subdivision plat of land within the Town's
jurisdiction shall be filed or recorded until it has been submitted to and approved by either the
Subdivision Administrator or the Town Board as set forth in Section 105 of this ordinance, and
until this approval is entered in writing on the face of the plat by the Subdivision Administrator.
16.7 Effect of Plat Approval on Dedications
Pursuant to G.S. 160D-806, the approval of a plat shall not be deemed to constitute or
effect the acceptance by the municipality or public of the dedication of any street or other ground,
public utility line, or other public facility shown on the plat. However, the Town of Vass may by
resolution accept any dedication made to the public of land or facilities for streets, parks, public
utility lines, or other public purposes, when the land or facilities are located within its subdivision
regulation jurisdiction. Acceptance of dedication of land or facilities located within the
subdivision regulation jurisdiction but outside the corporate limits of the municipality shall not
place on the Town any duty to open, operate, repair, or maintain any street, utility line, or other
land or facility, and the municipality shall in no event be held to answer in any civil action or
proceeding for failure to open, repair or maintain any street located outside its corporate limits.
16.8 Penalties for Violation
16.8.1 After the effective date of this ordinance, any person who, being the owner or agent
of the owner of any land located within the territorial jurisdiction of this ordinance, thereafter
subdivides his land in violation of this ordinance or transfers or sells land by reference to,
exhibition of, or any other use of a plat showing a subdivision of the land before the plat has
been properly approved under the terms of this ordinance and recorded in the Office of the
Moore County Register of Deeds, violates this article and is subject to the consequences
described here. The description by metes and bounds in the instrument of transfer or other
document used in the process of selling or transferring land shall not exempt the transaction
208

from this. The Town, through its attorney, or other official designated by the Town Board may
enjoin illegal subdivision, transfer or sale of land by action for injunction.
16.8.2 The violation of any provision of this ordinance shall subject the offender to a civil
penalty in the amount of$500.00 to be recovered by the Town. Violators shall be issued a written
citation that must be paid within ten days.
16.8.3 Each day's continuing violation of this ordinance shall be a separate and distinct
violation.
16.8.4 Notwithstanding Subsection 16.8.2 above, this ordinance may be enforced by
appropriate equitable remedies issuing from a court of competent jurisdiction.
16.8.5 The Town may cause building permits to be denied for lots that have been illegally
subdivided.
16.8.6 Nothing in this section shall be construed to limit the use of remedies available to
the Town. The Town may seek to enforce this ordinance by using any one, all, or a combination
of remedies.
16.8.7 In addition to other remedies, the Town may institute any appropriate action or
proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the
violation, or to prevent any illegal act or conduct.
16.9 Separability
Should any section or provision of this ordinance be decided by a court of competent
jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole or any part thereof other than the part so declared to be unconstitutional
or invalid.
16.10 Variances
Applicants may apply for a variance, following the requirements of ordinance section 4.3.
16.11 Judicial Review
Any person aggrieved by the imposition of a moratorium on development approvals
required by law may apply to the appropriate division of the General Court of Justice for an order
enjoining the enforcement of the moratorium, and the court shall have jurisdiction to issue that
order. Actions brought pursuant to this section shall be set down for immediate hearing, and
subsequent proceedings in those actions shall be accorded priority by the trial and appellate
209

courts. In any such action, the Town shall have the burden of showing compliance with the
procedural requirements of this section.
16.12 Abrogation
It is not intended that this ordinance repeal, abrogate, annul, impair, or interfere with any
existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits
previously adopted or issued pursuant to law. However, where this ordinance imposes greater
restrictions, the provisions of this ordinance shall govern.
16.13 Subdivision Administrator
This ordinance shall be administered and enforced by the Subdivision Administrator, who
shall be appointed by the Town Board of Commissioners.
PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS
16.15 Plat Shall Be Required on Any Subdivision of Land
Pursuant to G.S. 160D-801 a final plat shall be prepared, approved, and recorded
pursuant to the provisions of this ordinance whenever any subdivision of land takes place.
16.16 Approval Prerequisite to Plat Recordation
16.16.1 Pursuant to G.S. 160A-373, no final plat of a subdivision within the
jurisdiction of the Town of Vass shall be recorded by the Register of Deeds of Moore County
until it has been approved by either the Subdivision Administrator or the Vass Town Board as
provided herein. To secure such approval of a final plat, the property owner shall follow the
procedures established in this article.
16.16.2 All plats and proposed subdivisions shall be reviewed by the Subdivision
Administrator for initial determination as to whether the proposed subdivision is to be classified
as a minor subdivision, a major subdivision, or exempt from the provisions of this ordinance as
specified in the definition of subdivision found in Article 18. In making such determinations, the
Subdivision Administrator shall review the proposal, considering, among others, the following:
a) The number and pattern of lots to be created;
b) The current and proposed use of the tract to be subdivided;
210

c) Any site improvements proposed as a part of the subdivision; and
d) The affidavit of the property owner who is requesting classification as to the proposed
use of the tract to be subdivided and the nature and reason for the division (i.e.,
probate, division among heirs, partition among co-tenants, sale, building
development, gift, lease, etc.).
16.16.3 Where a public street is to be created and platted as part of the subdivision,
the subdivision shall not be exempt from the provisions of this ordinance regardless of any other
factors. All transfers or sales, whether exempt or not, of an interest in any property within a tract
subdivided pursuant to this ordinance shall be made by express reference (plat book and page
number) to the recorded plat thereof.
16.16.4 If the Subdivision Administrator shall determine that the proposed
subdivision is exempt from the provisions of this ordinance and does not require approval, the
final plat shall be endorsed to that effect and may then be recorded in the Office of the Register
of Deeds.
16.16.5 The property owner may appeal the administrative decision that the request
does not classify as an exempt subdivision per Section 4.2 Appeals
16.17 Procedures for Review of Major and Minor Subdivisions
All subdivisions shall be considered major subdivisions except those defined as minor
subdivisions. Major subdivisions shall be reviewed in accordance with the procedures in Section
16.19 through 16.22. Minor subdivisions shall be reviewed in accordance with the provisions in
Section 16.18.
Major Subdivision. Any subdivision of land not meeting the definition of Minor Subdivision. This
includes condominium and townhome developments.
Minor Subdivision. A division of a tract of land where:
a) no more than four lots (including the residual acreage) are created in any
three-year period, whether such lots are created at one time or over an
extended period of time;
b) all lots are accessed via a public or private street, an existing recorded
easement or a newly recorded easement that is a minimum of 24' in width
and will be used to access no more than 4 residences;
c) public water and/or sanitary sewerage systems, other than laterals to serve
individual lots, are not to be extended; and
d) the installation of drainage improvements that would require easements
through one or more lots to serve other lots are not necessary.
211

The minor subdivision procedure may not be used a second time within any three-year
period on any property previously subdivided using the minor subdivision procedure, or on any
property located less than 1,500 feet from the original property boundaries, by anyone who
owned, had an option on, or any legal interest in the original subdivision at the time the minor
subdivision received final plat approval.
16.18 Procedure for Review of Minor Subdivisions
16.18.1 Sketch Plan for Minor Subdivisions
Prior to submission of a final plat, the property owner may submit the plat to the
Subdivision Administrator for review and comments. Once this is complete, the following
information should be shown on the plat for minor subdivisions:
a) A sketch vicinity map showing the location of the subdivision in relation to neighboring
tracts, subdivisions, roads, and waterways;
b) The boundaries of the tract and the portion of the tract to be subdivided;
c) The total acreage to be subdivided;
d) The existing and proposed uses of the land within the division and the existing uses
of land adjoining it;
e) The existing street layout and right-of-way width, lot layout and size of lots;
f) The name, address and telephone number of the owner(s);
g) The name, if any, of the proposed subdivision;
h) Streets and lots of adjacent developed or platted properties;
i) The zoning classification of the tract and of adjacent properties;
j) A statement from the Moore County Environmental Health Department shall be
submitted with the application indicating that a copy of the sketch plan has been
submitted to them, if septic tanks or other on-site water or wastewater systems are to
be used in the subdivision.
k) A statement from the District Engineer of the N.C. Department of Transportation shall
be submitted with the application indicating that a copy of the sketch plan has been
submitted to them for review as to proposed lot access points, private road
connections, and existing streets, highways, and related drainage systems.
212

I) All lots are required to be able to meet the Moore County Environmental Health
Department requirements, as well as, NC State requirements for septic system
installation.
The property owner, where required, shall provide a report from a licensed soil
scientist who shall perform a soil assessment prior to approval of the preliminary
subdivision plat. The report from the soil scientist shall accompany the submittal of
the preliminary plat and shall be in the form of a letter, signed, dated, and certified and
shall include the possibilities of lot sizes the site can support. Prior to the approval of
the final plat, the property owner shall submit an additional report which shall include
a lot-by-lot evaluation, signed and dated from a licensed soil scientist, for septic
system capacity. The report must show that each proposed lot has been evaluated
under the current provisions of Title 15A NCAC 18A.1900 et seq. In addition, the
evaluation should note whether there is adequate space for an on-site subsurface
sewage treatment and disposal system, if needed. If the property owner proposes a
system that would treat a flow of 3,000 GPD or greater, and therefore would require
State approval, a letter from the State would also be required to be submitted for final
approval. Lastly, the licensed soil scientist is required to sign and seal the submitted
reports and the final subdivision plat. All submittals shall be made to the Vass Town
Planning Administrator, soil scientist reports and evaluations as well as preview
reports submitted by the property owner.
m) A copy of a current Moore County Tax Map shall be submitted with the sketch plan
showing the location of the parcel to be subdivided and the location of all new lots and
any lots previously subdivided from the tract, as well as all properties located adjacent
to, and directly across a street, easement, road, or right-of-way from the property to
be subdivided. A current property owner listing obtained from the Moore County Land
Records Department shall also be submitted with the tax map that indicates the
current ownership of the subject property and all properties adjacent to, and within
1,500 feet of, the subject property.
Upon a completed review of the plat by the Subdivision Administrator and any reviewing
agencies, the property owner may proceed with the preparation of the final plat in accordance
with the requirements of this ordinance.
The final plat shall be prepared by a Registered Land Surveyor currently licensed and
registered in the State of North Carolina by the North Carolina State Board of Registration for
Professional Engineers and Land Surveyors. The final plat shall conform to the provisions for
plats, subdivisions, and mapping requirements set forth in G.S. 47-30 and the Manual of Practice
for Land Surveying in North Carolina.
Two copies of the final plat shall be submitted. Material and drawing medium for the
original shall be in accordance with the Manual of Practice for Land Surveying in North Carolina,
where applicable, and the requirements of the Moore County Register of Deeds.
213

The final plat shall be of a size suitable for recording with the Moore County Register of
Deeds and shall be at a scale of not less than one inch equals 200 feet. Maps may be placed
on more than one sheet with appropriate match lines.
The final plat shall meet the specifications in Section 16.21 .4.
The following signed certificates shall appear on all three copies of the final plat
a) Certificate of Ownership and Dedication
The undersigned hereby certifies that the land shown hereon is owned by
the undersigned, and hereby freely dedicates all rights-of-way, easements,
streets, recreation areas, open spaces, common areas, utilities and other
improvements to public or private common use as noted on this plat, and
further assumes full responsibility for the maintenance and control of said
improvements until they are accepted for maintenance and control by an
appropriate public body or by an incorporated neighborhood or homeowners
association or similar legal entity.
Owner(s) Date
b) Certificate of Survey and Accuracy
In accordance with the Manual of Practice for Land Surveying in North
Carolina:
On the face of each map prepared for recordation there shall appear a certificate
executed by the person making the survey or map including deeds and any recorded
data shown thereon. The certificate shall include a statement of error of closure
calculated by latitudes and departures. Any lines on the map that were not actually
surveyed must be clearly indicated on the map and a statement included in the
certificate revealing the source of information.
The certificate shall take the following general form:
State of North Carolina
Moore County
I, certify that this map was (drawn by me)
(drawn under my supervision)from (an actual survey made by me) (an actual
survey made under my supervision) (deed description recorded in Book
, Page , Book , Page etc.) (other); that the ratio of
precision as calculated by latitudes and departures is 1: (that the
boundaries not surveyed are shown as broken lines plotted from information
214

found in Book , Page_); that this map was prepared in
accordance with G.S. 47-30, as amended.
Witness my hand and seal this day of , A.D. 20
Professional Land Surveyor
Official Seal
Registration Number
c) Certificate of Land Use Regulation and Status of Plat
The surveyor preparing the final plat shall certify to one of the following on
the face of the plat:
1, , certify to one of the following:
a. That this survey creates a subdivision of land within the area of a
county or municipality that has an ordinance that regulates parcels of
land;
b. That this survey is located in a portion of a county or municipality that
is unregulated as to an ordinance that regulates parcels of land;
c. Any one of the following:
1) That this survey is of an existing parcel or parcels of
land and does not create a new street or change an
existing street;
2) That this survey is of an existing building or other
structure, or natural feature, such as a watercourse; or
3) That this survey is a control survey.
d. That this survey is of another category, such as the recombination of
existing parcels, a court-ordered survey, or other exception to the
definition of subdivision;
e. That the information available to the surveyor is such that the surveyor
is unable to make a determination to the best of the surveyor's
professional ability as to provisions contained in a) through d) above.
215

Professional Land Surveyor
Seal or Stamp
Registration Number
The Subdivision Administrator shall review the final plat and shall, within 45 work days of
submittal, either approve the plat, conditionally approve the plat with modifications to bring the
plat into compliance with this ordinance and any other applicable ordinances, refer the plat to
the major subdivision process, or disapprove the plat.
If the Subdivision Administrator conditionally approves the final plat with modifications to
bring the plat into compliance, he shall retain one print of the plat, and return his written decision
and one copy of the plat to the property owner.
If the final plat is disapproved, the reasons for such disapproval shall be stated in writing,
specifying the provisions of this ordinance with which the final plat does not comply. One copy
of such reasons and one print of the plat shall be retained by the Subdivision Administrator as
part of the record, and one copy of the reasons and one copy of the plat shall be transmitted to
the property owner. The property owner may make such changes as will bring the final plat into
compliance and resubmit same for reconsideration by the Subdivision Administrator, or the
property owner may appeal the decision to the Board of Adjustment.
If the Subdivision Administrator refers the final plat to the major subdivision procedure,
the applicant shall follow the procedures outlined for major subdivisions or may appeal the
decision to the Board of Adjustment.
Failure of the Subdivision Administrator to make a written decision within 45 work days
after his first review shall constitute grounds for the property owner to apply to the Town Board
of Commissioners for approval.
If the property owner appeals to the Town Board for plat approval, the Town Board shall
review and approve or disapprove the final plat within 45 days after the plat and decision of the
Subdivision Administrator has been received by the Town Board.
If the Subdivision Administrator or Town Board (in case of an appeal for plat approval)
approves the final plat, such approval shall be shown on each copy of the plat by the following
signed certificate:
Certificate of Approval for Recording
I hereby certify that the minor subdivision plat shown hereon has been found to
comply with the Subdivision Regulations and Watershed Protection Ordinance
of the Town of Vass, North Carolina, and that this plat has been approved for
recording in the Office of the Register of Deeds of Moore County. This approval
216

shall be null and void if this plat is not recorded within 30 days of the date
specified below.
Date Subdivision Administrator
NOTICE: This property is located within a Public Water Supply Watershed —
development restrictions may apply.
The property owner shall file the approved final plat with the Register of Deeds of Moore
County within 30 days of approval; otherwise, such approval shall be null and void.
16.19 Sketch Plan for Major Subdivisions
16.19.1 Number of Copies and Contents
Prior to the preliminary plat submission, the property owner shall submit to the Subdivision
Administrator a sketch plan of the proposed subdivision containing the following information:
a) A sketch vicinity map showing the location of the subdivision in relation to neighboring
tracts, subdivisions, roads, and waterways;
b) The boundaries of the tract and the portion of the tract to be subdivided;
c) The total acreage to be subdivided;
d) The existing and proposed uses of the land within the subdivision and the existing
uses of land adjoining it;
e) The proposed street layout with approximate pavement and right-of-way width, lot
layout and size of lots;
f) The name, address, and telephone number of the owner;
g) The name, if any, of the proposed subdivision;
h) Streets and lots of adjacent developed or platted properties;
i) The zoning classification of the tract and of adjacent properties;
j) A statement from the Moore County Environmental Health Department shall be
submitted with the application indicating that a copy of the sketch plan has been
submitted to them, if septic tanks or other onsite water or wastewater systems are to
be used in the subdivision.
217

16.19.2 Submission and Review Procedure
The Subdivision Administrator shall review the sketch plan for general compliance with
the requirements of this ordinance and the zoning ordinance and shall advise the property owner
or his authorized agent of the regulations pertaining to the proposed subdivision and the
procedures to be followed in the preparation and submission of the preliminary and final plats.
16.20 Preliminary Plat Submission and Review
16.20. 1 Submission Procedure
For every subdivision within the territorial jurisdiction of this ordinance, which does not
qualify as a minor subdivision procedure, the property owner shall submit a preliminary plat
which shall be reviewed by staff and applicable agencies and then will be forwarded to the Board
of Commissioners.
The preliminary plat(along with any additional copies which the Subdivision Administrator
determines are needed to be sent to other agencies and the Board) shall be submitted to the
Subdivision Administrator at least 15 days prior to the Board of Commissioner meeting at which
the property owner desires the Board to review the preliminary plat.
Preliminary plats shall meet the specifications in Section 16.21.4.
Thereafter, the Subdivision Administrator and all applicable agencies shall review and
approve the construction drawings before any construction or installation of improvements may
begin. Once all approvals from the Board of Commissioner, and various agencies to include
Moore County Fire Marshall, Moore County Public Utilities, Town of Vass contract engineer firm,
NCDOT, NCDEQ for stormwater, Moore County E-911, and others as applicable are complete,
the Subdivision Administrator shall sign off on the construction drawings. The applicant shall be
responsible for making a copy of the signed drawings and one set shall be retained by the Town
of Vass.
16.20.2 Review by Other Agencies
After having received the preliminary plat from the property owner, the Subdivision
Administrator shall submit copies of the preliminary plat and any accompanying material to other
officials and agencies concerned with new development including, but not limited to: the District
Engineer of the North Carolina Department of Transportation as to proposed streets, highways,
drainage systems, and subdivision entrance connections to existing State roads; the Moore
County Environmental Health Department and/or the Moore County Public Works Department
as to proposed water and sewerage systems; a contract Engineering Firm; and any other agency
or official designated by the Town.
16.20.3 Review Procedure
218

The Board of Commissioners reviews the preliminary plat. The Board of Commissioners
may recommend approval, approval with conditions, or denial of the preliminary plat to the
Subdivision Administrator. The Subdivision Administrator makes the final approval or denial of
the plat; this decision may be appealed to the Board of Adjustment.
16.20.4 Minor modifications
Minor modifications may be approved by the Subdivision Administrator. Minor changes may
include, but not be limited to, small site alterations such as realignment of streets and relocation of
utility lines due to engineering necessity, and recombination or reconfiguration of lots so long as the
number of lots is not increased over that approved on the preliminary plat. If the Administrator
determines that such changes are questionably not minor changes, the plat may be referred to the
Board of Commissioners at the Administrator's discretion. If the submitted plat deviates in its overall
design from the approved preliminary plat, the plat shall be reviewed by the Board of Commissioners.
Examples of such changes in overall design triggering review include increase in the number of lots,
realignment of roads, increase in road lengths or additions of cul de sacs, reduction in open space
or sidewalks, and changes in ingress or egress to the development.
16.20.4 Presale or Pre-lease of Unrecorded Lots Permitted Upon Approval of
Preliminary Plat
The property owner, upon approval of the preliminary plat, may enter into contracts to sell
or lease the lots shown on the approved preliminary plat, provided that the contract does all of
the following:
a) Incorporates as an attachment a copy of the approved preliminary plat referenced in
the contract and obligates the owner to deliver to the buyer a copy of the approved
and recorded final plat prior to closing and conveyance.
b) Plainly and conspicuously notifies the prospective buyer or lessee that a final
subdivision plat has not been approved or recorded at the time of the contract, that no
governmental body will incur any obligation to the prospective buyer or lessee with
respect to the approval of the final subdivision plat, that changes between the
preliminary and final plats are possible, and that the contract or lease may be
terminated without breach by the buyer or lessee if the final approved and recorded
plat differs in any material respect from the approved preliminary plat.
c) Provides that if the approved and approved and recorded final plat does not differ in
any material respect from the plat referred to in the contract, the buyer or lessee may
not be required by the seller or lessor to close any earlier than five days after the
delivery of a copy of the final approved and recorded plat.
d) Provides that if the approved and recorded final plat differs in any material respect
from the approved preliminary plat referred to in the contract, the buyer or lessee may
not be required by the seller or lessor to close any earlier than 15 days after the
delivery of the final approved and recorded plat, during which 15 day period the buyer
or lessee may terminate the contract without breach or any further obligation and may
receive a refund of all earnest money or prepaid purchase price.
219

16.20.5 Owner or Agent Not Prohibited from Contracting or Leasing by
Reference to Approved Preliminary Plat
The provisions of this section shall not prohibit any owner or his/her agent from entering
into contracts to sell or lease land by reference to an approved preliminary plat for which a final
plat has not been properly approved under this ordinance or recorded with the Office of the
Moore County Register of Deeds where the buyer or lessee is any person who has contracted
to acquire or lease the land for the purpose of engaging in the business of construction of
residential, commercial, or industrial buildings on the land, or for the purpose of resale or lease
of the land to persons engaged in that kind of business, provided that no conveyance of that
land may occur and no contract to lease it may become effective until after the final plat has
been properly approved under the requirements of this ordinance and recorded in the Office of
the Moore County Register of Deeds.
16.21 Final Plat Submission and Review
16.21.1 Preparation of Final Plat and Installation of Improvements
Upon approval of the preliminary plat, the property owner may proceed with the
preparation of the final plat, and the installation of or arrangement for required improvements in
accordance with the approved preliminary plat and the requirements of this ordinance. Prior to
approval of a final plat, the property owner shall have installed the improvements specified in
this ordinance or guaranteed their installation as provided herein. No final plat will be accepted
for review by the Board of Commissioners unless accompanied by written notice by the
Subdivision Administrator acknowledging compliance with the improvement and guarantee
standards of this ordinance. The final plat shall constitute only that portion of the preliminary plat
which the property owner proposes to record and develop at that time; such portion shall conform
to all requirements of this ordinance. For major subdivisions in which public roads to be
dedicated to the Town of Vass, the developer shall leave the final lift of pavement until the lots
within the subdivision or the construction of the project is at 80% complete. The cost of this final
lift of pavement shall be included in a performance guarantee prior to final plat approval.
In lieu of requiring a performance guarantee for certain improvements, the Board of
Commissioners may include a condition that Certificates of Occupancy will not be approved until
improvements are completed per lot. These improvements include but are not limited to the
installation of sidewalks or walkways and the planting of street trees or other landscaping.
16.21.2 Improvements Guarantees
a) Agreement and Security Required
220

In lieu of requiring the completion, installation and dedication of all improvements
prior to final plat approval, the Town of Vass may enter into an agreement with the
property owner whereby the property owner shall agree to complete all required
improvements. The property owner shall be allowed to choose which security or
combination of securities that he/she wishes to provide from the choices provided
below. The Town shall not have the authority to dictate which form of security will
be accepted as an improvement guarantee and shall be required to offer a range
of options of types of improvements guarantees from which the property owner
may choose. Once said agreement is signed by both parties and the security
required herein is provided, the final plat may be approved by the Board of
Commissioners, if all other requirements of this ordinance are met. To secure this
agreement, the property owner shall provide, subject to the approval of the Board
of Commissioners, either one, or a combination of the following guarantees not
exceeding 1.25 times the entire cost as provided herein:
1 . Surety Performance Bond(s)
The property owner shall obtain a performance bond(s) from a surety bonding
company authorized to do business in North Carolina. The bond(s) shall be
payable to the Town of Vass and shall be in an amount equal to 1.25 times the
entire cost, as estimated by the property owner's engineer and approved by the
Board of Commissioners, of installing all required improvements. The duration
of the bond(s) shall be until such time as the improvements are accepted by
the Town Board; the bonds shall be auto renewal or renewed until the
installations are in and approved by the Board of Commissioners.
2. Cash or Equivalent Security
The property owner shall deposit cash, an irrevocable letter of credit or other
instrument readily convertible into cash at face value, either with the Town or
in escrow with a financial institution designated as an official depository of the
Town. The use of any instrument other than cash shall be subject to the
approval of the Town Board. The amount of deposit shall be equal to 1.25 times
the cost, as estimated by the property owner's engineer and approved by the
Town Board, of installing all required improvements.
If cash or other instrument is deposited in escrow with a financial institution as
provided above, then the property owner shall file with the Town Board an
agreement between the financial institution and himself guaranteeing the
following:
(i) That said escrow account shall be held in trust until released by the
Town Board and may not be used or pledged by the property owner in
any other matter during the term of the escrow; and
221

(ii) That in the case of a failure on the part of the property owner to complete
said improvements, the financial institution shall, upon notification by the
Town Board, and submission by the Town Board to the financial
institution of an engineer's estimate of the amount needed to complete
the improvements, immediately either pay to the Town the funds
estimated to complete the improvement, up to the full balance of the
escrow account, or deliver to the Town any other instruments fully
endorsed or otherwise made payable in full to the Town.
b) Default
Upon default, meaning failure on the part of the property owner to complete the
required improvements in a timely manner as spelled out in the performance bond
or escrow agreement, then the surety, or the financial institution holding the escrow
account shall, if requested by the Town Board, pay all or any portion of the bond
or escrow fund to the Town of Vass up to the amount needed to complete the
improvements based on an engineering estimate. Upon payment, the Town Board,
in its discretion, may expend such portion of said funds as it deems necessary to
complete all or any portion of the required improvements. The Town shall return to
the property owner any funds not spent in completing the improvements.
c) Release of Guarantee Security
The Board of Commissioners may release a portion of any security posted as the
improvements are completed and recommended for approval by the Subdivision
Administrator or Town Engineer (contract or otherwise). Within 30 days after
receiving the approval recommendation from staff, the Board of Commissioners
may approve said improvements and immediately release any security posted.
16.21.3 Submission Procedure
The property owner shall submit the final plat, so marked, to the Subdivision Administrator
not less than 15 days prior to the Board of Commissioners meeting at which it will be reviewed;
further, the final plat for the first stage of the subdivision shall be submitted not more than 12
months after the date on which the preliminary plat was approved; otherwise such approval shall
be null and void, unless a written extension of this limit is granted by the Board of Commissioners
on or before the 12 month anniversary of the approval.
The final plat shall be prepared by a Registered Land Surveyor currently licensed and
registered in the State of North Carolina by the North Carolina State Board of Registration for
Professional Engineers and Land Surveyors. The final plat shall conform to the provisions for
plats, subdivisions, and mapping requirements set forth in G.S. 47-30 and the Manual of Practice
for Land Surveying in North Carolina.
222

Material and drawing medium for the original shall be in accordance with the Manual of
Practice for Land Surveying in North Carolina, where applicable, and the requirements of the
Moore County Register of Deeds.
The final plat shall be of a size suitable for recording with the Moore County Register of
Deeds and shall be at a scale of not less than one inch equals 200 feet.
Submission of the final plat shall be accompanied by filing fees as provided in the Town
of Vass Fee Schedule.
The final plat shall meet the specifications in Section 16.21 .4 of this ordinance.
The following signed certificates shall appear on all copies of the final plat:
a) Certificate of Ownership and Dedication
The undersigned hereby certifies that the land shown hereon is owned
by the undersigned, and hereby freely dedicates all rights-of-way,
easements, streets, recreation areas, open spaces, common areas,
utilities and other improvements to public or private common use as
noted on this plat, and further assumes full responsibility for the
maintenance and control of said improvements until they are accepted
for maintenance and control by an appropriate public body or by an
incorporated neighborhood or homeowners association or similar legal
entity.
Owner(s) Date
b) Certificate of Survey and Accuracy
In accordance with the Manual of Practice for Land Surveying in North
Carolina:
On the face of each map prepared for recordation there shall appear a certificate
executed by the person making the survey or map including deeds and any recorded
data shown thereon. The certificate shall include a statement of error of closure
calculated by latitudes and departures. Any lines on the map which were not actually
surveyed must be clearly indicated on the map and a statement included in the
certificate revealing the source of information.
The certificate shall take the following general form:
State of North Carolina
Moore County
certify that this map was (drawn by me)
(drawn under my supervision) from (an actual survey made by me) (an
actual survey made under my supervision) (deed description recorded in
223

Book , Page , Book , Page , etc.) (other); that the
ratio of precision as calculated by latitudes and departure is 1:
(that the boundaries not surveyed are shown as
broken lines plotted from information found in Book_, Page_); that
this map was prepared in accordance with G.S. 47-30, as amended.
Witness my hand and seal this _day of , A.D.
20
Professional Land Surveyor
Official Seal
Registration Number
c) Certificate of Land Use Regulation and Status of Plat
The surveyor preparing the final plat shall certify to one (1) of the following
on the face of the plat:
1, , certify to one of the following:
a. That this survey creates a subdivision of land within the area of a
county or municipality that has an ordinance that regulates parcels of
land;
b. That this survey is located in a portion of a county or municipality that
is unregulated as to an ordinance that regulates parcels of land;
c. Any one of the following:
1) That this survey is of an existing parcel or parcels of
land and does not create a new street or change an
existing street;
2) That this survey is of an existing building or other
structure, or natural feature, such as a watercourse; or
3) That this survey is a control survey.
d. That this survey is of another category, such as the recombination of
existing parcels, a court-ordered survey, or other exception to the
definition of subdivision;
e. That the information available to the surveyor is such that the surveyor
is unable to make a determination to the best of the surveyor's
professional ability as to provisions contained in a) through d) above.
224

Professional Surveyor
Seal or Stamp
Registration Number
d) Certificate of Approval of the Design and Installation of Streets, Utilities, and
Other Required Improvements.
I hereby certify that all streets, utilities and other required improvements
have been installed in an acceptable manner and according to Town
specifications and standards in the Subdivision or
that guarantees of the installation of the required improvements in an
amount and manner satisfactory to the Town of Vass has been received
and that the filing fee for this plat has been paid.
Subdivision Administrator Date
The Board of Commissioners reviews the final plat and may appoint an engineer or
surveyor to confirm the accuracy. If substantial errors are found, the costs shall be charged to
the property owner and the plat shall not be recommended for approval until such errors have
been corrected. If the Board of Commissioners approves the plat, such approval shall be shown
on each copy of the plat by the following signed certificate:
Certificate of Approval for Recording
I hereby certify that the subdivision plat shown hereon, has been found to
comply with the Subdivision Regulations of the Town of Vass, North Carolina,
and that this plat has been approved by the Board of Commissioners for
recording in the Office of the Register of Deeds of Moore County. This approval
shall be null and void if this plat is not recorded within 30 days of the date
specified below.
Date Subdivision Administrator
225

If the final plat is disapproved by the Board of Commissioners, the reasons for such
disapproval shall be stated in writing, specifying the provisions of this ordinance with which the
final plat does not comply. One copy of such reasons and one print of the plat shall be retained
by the Town Board as part of its proceedings; one copy of the reasons and one copy of the plat
shall be transmitted to the property owner. If the final plat is disapproved, the property owner
may make such changes as will bring the final plat into compliance and resubmit same for
reconsideration by the Board of Commissioners.
The property owner shall file the approved final plat with the Register of Deeds of Moore
County within 30 days of Town Board approval; otherwise such approval shall be null and void.
16.21.4 Information to be Contained in or Depicted on Preliminary and Final
Plat
The preliminary and final plats shall depict or contain the information indicated in the
following table. An "x" indicates that the information is required.
Information Preliminary Plat Final Plat
-Title Block Containing
-Property designation x x
-Name of owner x x
-Location (including township, x x
county and state)
-Date or dates survey was conducted x x
and plat prepared
-A scale of drawing in feet per x x
inch listed in words or figures
-A bar graph x x
-Name, address, registration number x x
and seal of the professional land surveyor
-The name of the property owner x x
-A sketch vicinity map showing the x x
relationship between the proposed sub-
division and surrounding area
-Corporate limits, township boundaries, x x
and county lines if on the subdivision tract
-The names, addresses and telephone x x
numbers of all owners, professional
land surveyors, land planners, architects,
landscape architects, and professional engineers
226

responsible for the subdivision
-The registration numbers and seals of x x
professional engineers and land surveyors
Information Preliminary Plat Final Plat
-Date of plat preparation x x
-North arrow and orientation x x
-The boundaries of the tractor x x
portion thereof to be subdivided,
distinctly and accurately represented
with all bearings and distances shown
-The exact boundary lines of the tract x x
to be subdivided, fully dimensioned by
lengths and bearings, and the location of
existing boundary lines of adjoining lands
-The names of owners of adjoining properties x x
-The names of any adjoining subdivisions x x
of record or proposed and under review
-Minimum building setback lines x x
-The zoning classifications of the x x
tract to be subdivided and adjoining
properties
-Existing property lines on the tract to x x
be subdivided and on adjoining properties
-Existing buildings or other structures, x x
water courses, railroads, bridges, culverts,
storm drains, both on the land to be subdivided
and land immediately adjoining
-Proposed lot lines, lot and block x
numbers, and approximate dimensions
227

-The lots numbered consecutively x x
throughout the subdivision
-Address of each lot x
Information Preliminary Plat Final Plat
-Wooded areas, marshes, swamps, rock x x
outcrops, ponds or lakes, streams or
streambeds and any other natural
features affecting the site
-The exact location of the flood hazard, x x
floodway and floodway fringe areas from
the community's FHBM or other FEMA maps
The following data concerning streets:
-Proposed streets x x
-Existing and platted streets on adjoining x x
properties and in the proposed subdivision
-Rights-of-way, location and dimensions x x
-Pavement widths x
-Approximate grades x
-Design engineering data for all x
corners and curves
-Typical street cross sections x
-Street names x x
-Street maintenance agreement in x x
accordance with Section 16.28 of
this ordinance
-Type of street dedication; all streets x x
must be designated either "public"
or "private". (Where public streets
are involved which will be dedicated
to the Town, the property owner must
228

submit all street plans to the Subdivision
Administrator with the preliminary plat for
approval). Where public streets are
involved which will not be dedicated to
the Town, the property owner must submit
street plans to the N.C. Department of
Transportation District Highway Office for
review
Information Preliminary Plat Final Plat
-Where streets are dedicated to the public, x
but not accepted into a municipal or the State
system before lots are sold, or a private road is used for
access, a statement explaining
the status of the street in accordance with
Section 405.2 of this ordinance
- If any street is proposed to intersect with
a State maintained road, the property owner
shall apply for driveway approval as
required by the North Carolina Department
of Transportation, Division of Highways'
Manual on Driveway Regulations.
Evidence that the property owner has obtained x x
such approval.
The location and dimensions of all:
-Utility and other easements x x
-Riding trails x x
-Natural buffers x x
-Pedestrian or bicycle paths x x
-Parks and recreation areas with x x
specific type indicated
-School sites x x
-Areas to be dedicated to or reserved x x
for public use
-Areas to be used for purposes other than x x
residential with the purpose of each stated
229

Information Preliminary Plat Final Plat
-The future ownership (dedication or reservation x x
for public use to governmental body, for owners
to duly constituted homeowners' association, or
for tenants remaining in property owner's ownership)
of recreation and open space lands
The plans for utility layouts including:
-sanitary sewers x x
-storm sewers x x
-other drainage facilities, if any x x
-water distribution lines x x
-natural gas lines x x
-telephone lines x x
-electric lines x x
-illustrating connections to existing x
systems, showing line sizes, the location
of fire hydrants, blowoffs, manholes,
force mains and gate valves.
-plans for individual water supply and x x
sewage disposal systems, if any
-profiles based upon Mean Sea level x
datum for sanitary sewers and storm sewers
Site calculations including:
-acreage in total tract to be subdivided x
230

-acreage in parks and recreation areas x
and other nonresidential uses
-total number of parcels created x
-acreage in the smallest lot in the subdivision x
Information Preliminary Plat Final Plat
-linear feet in streets x
-The name and location of any property x x
or buildings within the proposed subdivision
or within any contiguous property that is
located on the U.S. Department of Interior's
National Register of Historic Places
-Sufficient engineering data to determine x
readily and reproduce on the ground every
straight or curved line, street line, lot line,
right-of-way line, easement line, and
setback line, including dimensions,
bearings, or deflection angles, radii,
central angles, and tangent distance
for the center line of curved property
lines that are not the boundary line of
curved streets. All dimensions shall be
measured to the nearest one-tenth of a
foot and all angles to the nearest minute.
-The accurate locations and descriptions of x
all monuments, markers and control points.
-A copy of any proposed deed restrictions x x
or similar covenants. Such restrictions
are mandatory when private roads and/or
private recreation areas are established.
-A copy of the erosion control plan submitted x x
to the appropriate authority, if such a plan
is required.
-Topographic map with contour intervals x
of five feet.
231

-All certifications required in Section 16.21. x
-Any other information considered by either x x
the property owner, the Subdivision Administrator,
the Planning Board or the Town Board to be
pertinent to the review of the plat.
16.22 Recombination
Recombination of land is the combination or recombination of portions of lots when the
total number of lots is not increased and the resultant lots are equal to or exceed the dimensional
requirements of the zoning district where located. In accordance with NCGS Section 160D-802,
this activity is not subject to the subdivision regulations.
16.23 Re-subdivision Procedures
For any re-platting or re-subdivision of land, the same procedures, rules and regulations
shall apply as prescribed herein for an original subdivision.
REQUIRED IMPROVEMENTS, DEDICATION, RESERVATION, MINIMUM STANDARDS OF
DESIGN
16.24 General
Each subdivision shall contain the improvements specified in this article, which shall be
installed in accordance with the requirements of this ordinance and paid for by the property
owner, unless other means of financing is specifically stated in this ordinance. Land shall be
dedicated and reserved in each subdivision as specified in this article. Each subdivision shall
adhere to the minimum standards of design established by this article.
16.25 Suitability of Land
16.25.1 Generally
Land which has been determined by the Town Board, on the basis of engineering or other
expert surveys, to pose an ascertainable danger to life or property by reason of its unsuitability
for the use proposed shall not be platted for that purpose, unless and until the property owner
has taken the necessary measures to correct said conditions and to eliminate said dangers.
16.25.2 Lands Used for Disposal of Solid Waste
232

Areas that have been used for disposal of solid waste shall not be subdivided unless tests
by the Moore County Environmental Health Department, a structural engineer and a soils expert
determine that the land is suitable for the purpose proposed.
16.25.3 Flood Prone Areas
a) All subdivision proposals shall be consistent with the need to minimize flood damage;
b) All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
c) Base Flood Elevation (BFE) data shall be provided for subdivision proposals that
contain 50 or more lots or that involve a tract of land five acres or more in size.
16.25.4 Wetlands
If a developer, corporation, private homeowner, or other person proposes to perform
construction/filling activities in or near a lake, stream, creek, tributary, or any unnamed body of
water and its adjacent wetlands, Federal permit authorization may be required by the U.S. Army
Corps of Engineers prior to commencement of earth-disturbing activities. Filling activities
include, but are not limited to, construction of road crossings, sewer or utility line installations,
grading, placement of soil from ditching or other excavations, or placement of fill for commercial
or residential development. A wetlands determination and specific permit requirements may be
obtained from the Raleigh Field Office of the U.S. Army Corps of Engineers.
16.25.5 Suitability for Septic Disposal
Soils shall be evaluated for suitability or provisional suitability for septic tanks according
to guidelines established in the Laws and Rules for Ground Absorption Sewage Disposal
Systems, incorporated herein by reference. Each lot that does not contain a suitable building
site, or that has not been evaluated for on-site sewage disposal, shall be designated on the plat
as being of restricted development potential and by instrument recorded in the Moore County
Registry.
16.25.6 Drainage
a) Soil suitability, including slope and drainage, shall be evaluated according to soil
characteristics indicated by the Soil Survey for Moore County, North Carolina, and
topography indicated by the U.S. Geological Survey Topographic Maps.
b) Each lot shall contain a suitable building area safe from inundation and erosion.
Sanitary sewer systems, septic tank drain fields, water systems, wells, and adjacent
properties shall also be protected from inundation by surface and flood waters. Roads,
driveways, and utilities shall be protected from damage caused by improper
stormwater management.
233

c) Mechanical devices, drainage easements, natural buffers, large lots, and/or other
technical means may be used to achieve these objectives. Natural drainageways are
a preferred means of stormwater runoff removal. The characteristics (including
capacity) of natural drainageways shall be protected.
d) Runoff levels from the 25 year storm after the site is developed shall not be greater
than the rate of runoff on the same site in its natural state.
16.26 Name Duplication
The name of the subdivision shall not duplicate nor closely approximate the name of any
existing subdivision within the Town of Vass, Moore County or any other municipality in Moore
County.
16.27 Subdivision Design
16.27.1 Blocks
a) The lengths, widths, and shapes of blocks shall be determined with due regard to
provision of adequate building sites suitable to the special needs of the type of use
contemplated; zoning requirements; needs for vehicular and pedestrian circulation;
control and safety of street traffic; limitations and opportunities of topography; and
convenient access to water areas.
b) Blocks shall not be less than 1,600 feet in perimeter or more than 2,500 feet.
c) Blocks shall have sufficient width to allow two tiers of lots of minimum depth except
where single tier lots are required to separate residential development from through
vehicular traffic or another type of use, in nonresidential subdivisions, or where
abutting a water area.
d) Where deemed necessary by the Town Board, a pedestrian crosswalk at least 15 feet
in width may be required to provide convenient public access to a public area such as
a park or school, to a water area, or to areas such as shopping centers, religious or
transportation facilities.
e) Block numbers shall conform to the Town street numbering system if applicable.
16.27.2 Lots
a) All lots shall conform to the this Zoning Ordinance, and any other applicable
ordinances.
234

b) Lots shall meet any applicable Moore County Environmental Health Department
requirements.
c) Double frontage lots shall be avoided wherever possible.
d) Side lot lines shall be substantially at right angles to or radial to street lines.
e) The lot boundaries for lots adjacent to existing and proposed public street rights-of-
way shall extend to the edge of the right-of-way. The lot boundaries for lots adjacent
to private roads shall extend to the center of the private road right-of-way.
f) Flag lots are lots in which the buildable portion of the lot is connected to its street
frontage by an arm of the lot that is less than fifty percent (50%) of the presumptive
minimum required lot width as set forth in Section 10.2 (Minimum Lot Widths), or if no
minimum lot width is specified therein, is less than the lesser of fifty percent (50%) of
the width of the buildable portion of the lot, or fifty (50) feet. New subdivisions should
generally avoid the creation of flag lots.
16.27.3 Easements
Easements shall be provided as follows:
a) Utility Easements
Easements for underground or aboveground utilities shall be provided, where
necessary, across lots or centered on rear or side lot lines and shall be at least 15 feet
wide for water and sanitary sewer lines and as required by the companies involved,
for telephone, gas and power lines.
b) Drainage Easements
Where a subdivision is traversed by a stream or drainage way, an easement shall be
provided conforming with the lines of such stream and of sufficient width as will be
adequate for the, purpose of drainage.
16.28 Streets
16.28.1 Generally
a) New streets shall be dedicated to the public and constructed to the standards of this
Section and the most current N.C. Department of Transportation minimum subdivision
roads construction standards, except as provided in Subsection 16.28.7.
b) Public streets in subdivisions located within the Town's corporate limits shall be
approved inspected at various points of construction in order to be accepted for
maintenance by the Town. Subgrade and asphalt testing reports shall be submitted
235

at the time of construction. Public streets in developments located within the Town's
extraterritorial jurisdiction shall be approved reviewed and accepted by the N.C.
Department of Transportation.
c) All streets shown on the final plat shall be designated "public" or "private" in
accordance with G.S. 136-102.6, and designation as "public" shall be conclusively
presumed an offer of dedication to the public. Where streets are dedicated to the
public but not accepted into a municipal or State system before lots are sold, or
designated as "private", a statement explaining the status of the street shall be
included with the final plat. Further, the initial purchaser of a lot(s) served by a private
road shall be furnished by the seller with a disclosure statement outlining the
maintenance responsibilities for the road.
16.28.2 Design Standards
a) All streets and roads, public or private, shall meet the following design
standards:
1 . Widths
The provision of street rights-of-way shall conform to and meet the
requirements of the N.C. Department of Transportation, or as may be
recommended by the Town Board, from its date of adoption, including,
where appropriate, reservation for or dedication of street rights-of-way for
future transportation facilities. A property owner shall not be required to
provide or dedicate right-of-way for a proposed street to which access would
be prohibited by any governmental agency. Right-of-way widths, measured
from lot line to lot line, shall be as wide as existing streets extended, but in
no case shall said widths be less than the following:
Street Minimum Required Right-of-Way Width (in
Type Feet)
Arterial 100
Collector 70
Minor 60
I Marginal Access I 50
Cul-de-sac 50
Additional street right-of-way may be required in cases where underground
public utilities, sidewalks, and drainage facilities cannot be located within
the minimum stated above.
2. Grades
236

Proposed streets shall conform to grade standards adopted by the N.C.
Department of Transportation.
3. Intersections
Streets shall be laid out so as to intersect as nearly as possible at right
angles, and no street shall intersect any other street at an angle less than
60°.
4. Curves
Horizontal and vertical curves shall be designed by the property owner
according to the standards of the N.C. Department of Transportation and in
the interest of public safety and welfare. Factors to be considered, among
others, shall be the type and importance of the street, sight distance,
anticipated traffic volume, and design speed.
5. Cul de sacs
All permanent dead-end streets (as opposed to temporary dead-end streets
or stub outs) shall be developed as cul de sacs. Except where no other
practicable alternative is available, such streets may not extend more than
1 ,000 feet (measured from the centerline of the intersecting street to the
center of the turnaround).
6. Alleys
a) Alleys shall be required to serve lots used for commercial and industrial
purposes except that this requirement may be waived where other
definite and assured provision is made for service access.
b) Alleys may be provided in residential subdivisions.
c) The width of an alley shall be at least 20 feet.
d) Dead end alleys shall be avoided where possible, but if unavoidable,
shall be provided with adequate turnaround facilities at the dead end as
may be recommended by the Planning Board and approved by the Town
Board.
e) Sharp changes in alignment and grade shall be avoided.
16.28.3 Extensions and Connections
237

a) The proposed street layout shall be coordinated with the existing street system
of the surrounding area and with any adopted Town or County thoroughfare
plan or comprehensive transportation plan. Proposed streets shall be the
extension of existing streets where possible.
b) Cul-de-sacs shall not be used to avoid connection with an existing street or to
avoid the extension of an important street.
c) Where a subdivision adjoins a heavily traveled street classified as an arterial or
collector, in the interest of highway safety, the property owner shall be required
to provide one or more of the following:
1 . interior access to lots via a public or private street;
2. common or joint driveways;
3. a marginal access street parallel to the arterial or collector street; or
4. reverse frontage on a smaller street when the only access to the subdivision
will be from an arterial or collector street.
Where access is available to any internal subdivision street, whether by reverse
frontage or other lot arrangement, private driveways shall not have access to
the arterial or collector street. It is the intent of this provision to minimize the
number of points of ingress, egress, and regress to main roads within the Town
of Vass planning jurisdiction.
d) Whenever possible, proposed intersections along one side of a street shall
coincide with existing or proposed intersections on the opposite side of such
street. In any event, where a centerline offset (jog) occurs at an intersection,
the distance between centerlines of the intersecting streets shall be no less
than 150 feet.
e) Except when no other alternative is practicable or legally possible, no two
streets may intersect with any other street on the same side at a distance of
less than 400 feet, measured from centerline to centerline, of the intersecting
street. When the intersected street is a major thoroughfare street, the distance
between intersecting streets shall be at least 1,000 feet.
f) The Planning Board may recommend, and the Town Board may require, the
property owner to extend the right-of-way and build the street, and/or provide
a temporary cul-de-sac, in order to stub out streets that should be connected
to existing or proposed streets outside of the subdivision.
16.28.4 Sidewalks and Walkways
238

a) Sidewalks shall be provided along one side of all proposed and existing public
streets within subdivisions.
b) Sidewalks will be provided along any existing public street directly accessed by
the proposed subdivision as follows:
1 . The sidewalk will extend the length of the property adjacent to the roadway
on the same side as the proposed subdivision.
2. The property owner will provide any necessary additional right-of-way
needed for the sidewalk to either the Town or the N.C. Department of
Transportation, as appropriate.
3. When an adjacent road is a N.C. Department of Transportation facility, the
sidewalk shall be built to N.C. Department of Transportation standards.
c) Walkways will also be provided to connect dead-end streets and cul-de-sacs
to each other and to recreation areas and open space to limit the travel distance
for pedestrians.
d) Pedestrian walkways shall be owned and maintained by a property owners'
association in or adjacent to developments outside of the Town's corporate
limits, or in any case where the Town does not accept dedication of these
improvements.
e) Sidewalks and walkways shall be constructed to the Americans with Disabilities
Act requirements.
f) Sidewalks shall be five feet in width and constructed of five inches of concrete.
Extension joints shall be installed every 30 feet, with score marks every 10 feet.
g) The Town Board may permit the installation of walkways instead of sidewalks
constructed with other suitable materials when it concludes that:
1 . Such walkways would serve the residents of the development as
adequately, and be as durable as, concrete walkways; and
2. Such walkways would be more environmentally desirable or more in
keeping with the overall design of the development.
16.28.5 Driveways
All driveways on streets designated as arterial or collector streets shall be constructed so
that:
239

a) To the extent practicable, no driveway shall be located within 250 feet of the right-of-
way of a public street that intersects with the arterial or collector street upon which the
driveway opens.
b) When access is available from streets of different classifications, the driveway shall
be located so as to provide access only from the street with the lower classification.
c) To the extent practicable and legally possible, adjoining lots in different ownership
shall be required to establish a single driveway located on the property line common
to the two lots and labeled on the plat as "joint driveway."
16.28.6 Street Names and Signs
a) Names of streets which duplicate or can be confused with the names of existing
streets within Moore County, shall not be approved. New street names will be
reviewed by the Moore County Emergency Management Records to confirm
non-duplication.
b) Extensions of existing and named streets shall bear the names of such existing
streets.
c) House numbering will be assigned by the Addressing section of the Moore
County GIS Department or its successor.
d) Approved street name signs shall be erected by the property owner at the
intersections of streets. The Subdivision Administrator shall inspect to verify
that street signs have been erected prior to final plat approval.
16.28.7 Private Roads
a) The intent of this Subsection is primarily to allow the creation of lots for single-
family residential development. Private roads shall not be permitted where it is
found that:
1 . the subdivision roads are constructed to minimum State design and
construction standards, and would satisfy other requirements for addition to
the State maintenance system; or
2. the subdivision roads extend existing roads which are public; or
3. a proposed road is designated as an arterial or collector on an approved
Town or County thoroughfare plan or comprehensive transportation plan; or
4. the subdivision roads are part of a non-residential development consisting
of office, retail, industrial, and similar businesses, each located on a
240

separate lot. This provision shall apply only to the portion of a subdivision
being developed for non-residential purposes; or
5. one or more of the lots created are intended for, or currently contain a, two-
family or multi-family residential use.
b) Private roads may be allowed to be created to serve proposed lots in a
subdivision where:
1 . the private road will serve 15 or fewer lots or dwelling units, including the
residual acreage of the parent tract;
2. all lots created by the subdivision shall front on the private road and direct
access to the public road from any lot shall be prohibited;
3. all lots created (including the residual acreage of the parent tract) are two
acres (87,120 square feet) or greater in land area (exclusive of public street
and/or private road rights-of-way and other on-site public or quasi-public
easements/right-of-way); and
4. all lots created (including the residual acreage of the parent tract) are at
least 150 feet in width as measured along the frontage of the lot abutting
the private road right-of-way
c) Private roads shall be required to meet standards set by the Town of Vass as
found in Appendix A (Minimum Construction Standards for Private Roads in the
Town of Vass). Satisfactory proof that the standards are met will be required
by the Subdivision Administrator.
d) The property owner shall have an instrument recorded contemporaneously with
the final plat substantially in the form of the Town's standard Road Maintenance
Agreement, which shall guarantee:
1 . a right of access to any private road in the subdivision by all lots served by
the road and by law enforcement and emergency vehicles, and
2. right of access for the proposed private road to a State or municipally
maintained road by way of direct access or other private roads,
3. perpetual maintenance of any private road serving the subdivision at the
standards set for approval,
4. provide record notice that any further subdivision of any lot shown on the
plat as served by a private road may be restricted and/or prohibited by the
Town of Vass Subdivision Regulations,
241

5. provide record notice of the probability that future development dependent
on the private roads for access will require upgrading of the roads to a
higher private road standard or public dedication and upgrading of the road
to N.C. Department of Transportation standards, and that the cost of the
upgrade will be the responsibility of the property owner requesting approval
of the subdivision at that date,
6. that if the road is dedicated for public use at a later date, then the lot
boundaries will be revised to extend only to the edge of the right-of-way,
7. acceptance by the property owner of all liability related to the use of the
road, and agreement to hold both the Town, County, and State harmless
from such liability, and
8. acknowledgment by the property owner that some public services may not
be provided due to the private nature of the road, and
The guarantees of right of access and maintenance of private roads in the
subdivision shall run with the land and shall be disclosed to any prospective
purchaser of land in the subdivision as provided in G.S. 136-102.6. An
instrument guaranteeing these facts shall be presented to the Subdivision
Administrator with the application for final plat approval. The instrument shall
be reviewed and approved by the Town Attorney prior to approval of the final
plat. A verified certificate, signed by the owner of the land subdivided, attesting
these facts shall be placed on the final plat submitted for approval. Upon
recordation, the Deed Book and Page Number of the recorded document shall
be referenced on the final plat.
e) No final plat that shows lots served by private roads may be recorded unless
the final plat contains the following certificates:
1 . Certificate of Restriction on Further Subdivision of Lots Accessed by Private
Roads
Further subdivision of any lot shown on this plat as served by a
private road may be prohibited by the Town of Vass Subdivision
Regulations.
2. Certificate of Access Restriction
Access to the lots in this subdivision is restricted to private road(s)
as shown on this plat. No driveways or other access points are
permitted onto the external or off-site public street(s) unless
otherwise indicated as an approved driveway access point shown on
this plat.
242

3. Certificate of Private Road Maintenance and Disclosures
I, , certify that an instrument will be
recorded contemporaneously with the recordation of this approved
final plat that, among other things, guarantees:
a. a right of access to any private road in the subdivision by all lots
served by the private road; and
b. maintenance of any private road in the subdivision at the
standards set for approval.
These guarantees of right of access and maintenance of the private
road shall run with the land.
Owner(s) Date
4. Certificate of Road Maintenance Agreement and Restrictions
Restrictions and requirements pertaining to private roads and access
for this subdivision are described in greater detail and recorded at
Deed Book , Page , Office of the Register of Deeds,
Moore County, North Carolina.
16.28.8 Cluster Mailboxes
1 . Appropriate mail receptacles must be provided for the receipt of mail as approved by
the Postal Service and other applicable departments.
2. Cluster mailboxes shall be located outside of the right-of-way and in a owners'
association-maintained areas.
3. Approval of cluster mailbox installations by the United States Postal Service and
Building Inspector is required prior to final plat approval.
4. Applicants for a major subdivision that choose to construct a private mail house
structure or building instead of cluster mailboxes shall obtain a commercial building
permit. Private mail house structures or buildings shall:
I. Be located outside of the street right-of-way;
ii. Be located on land controlled by a homeowners' association; and
iii. Provide off-street parking at a rate of one space per every 20 mailboxes.
16.29 Utilities
243

16.29.1 Utilities in Corporate Limits
Each lot in all subdivisions within the corporate limits of the Town of Vass shall be
provided, at the property owner's expense, with an extension of the County water system and
an individual sanitary system. The size of the water mains shall be not less than six inches
inside diameter, and they shall be laid out so as to create a complete circuit, with no dead end
lines in excess of 300 feet. A blow off valve shall be placed at the dead end. Water lines shall
be installed in the street right-of-way where possible. Individual sanitary systems must be
approved in accordance with the following provisions:
a. Any septic tank or other facility serving a single source and having a design capacity
of 3,000 gallons per day or less and discharging into other than surface waters shall
be approved by the Moore County Environmental Health Department.
b. Any package plant or other sewage treatment facility serving two or more sources not
connected to individual or public systems and having a design capacity of greater than
3,000 gallons per day and/or discharging to surface waters shall be approved by the
North Carolina Department of Environment and Natural Resources.
16.29.2 Utilities in Extraterritorial Area
Each subdivision in the extraterritorial area of the Town of Vass shall be provided with
water lines and laterals within and along the perimeter of the land being subdivided for each lot,
if any of the land being subdivided is within 500 feet of the County system. The property owner
may at his expense, extend the aforementioned system(s) to the subdivision if approved by the
Town Board. If the property owner chooses to extend water mains, the size shall not be less
than six inches inside diameter, and they shall be laid out so as to create a complete circuit, with
no dead end lines in excess of 300 feet. A blow off valve shall be placed at the dead end. Water
lines shall be installed in the street right-of-way where possible. Individual sanitary systems must
be approved in accordance with the following provisions:
a. Any septic tank or other facility serving a single source and having a design capacity
of 3,000 gallons per day or less and discharging into other than surface waters shall
be approved by the Moore County Environmental Health Department.
b. Any package plant or other sewage treatment facility serving two or more sources not
connected to individual or public systems and having a design capacity of greater than
3,000 gallons per day and/or a discharge to surface waters shall be approved by the
North Carolina Department of Environment and Natural Resources.
16.29.3 Surface Water Drainage
a. No surface water drainage shall empty into a sanitary sewer.
b. Where, in the opinion of the Town Engineer, a public stormwater sewer is
reasonably accessible, before a subdivision is approved and accepted by the
244

Town of Vass, the property owner, shall connect with the public storm sewer
system by providing all grading and all structures necessary to carry the water
to the storm drainage system. Drainage and construction of drainage structures
shall conform to Town Specifications and Standards.
c. Where a storm drainage system is not accessible, before a subdivision is
approved and accepted by the Town of Vass, the property owner shall do all
grading and provide all drainage structures necessary to properly carry the
water to locations which are acceptable to the Town of Vass.
d. Where drainage ditches are provided and grades exceed four percent, the
ditches shall be paved in accordance with the Town standards.
16.29.4 Street Lights
All subdivisions in which the size of the smallest lot is less than 40,000 square feet shall
have streetlights installed throughout the subdivision in accordance with the standards of the
Town of Vass. The developer shall be required to pay to the electric company the cost of street
lighting installation.
16.29.5 Underground Wiring
All subdivisions shall have underground wiring. Such underground wiring shall be
installed in accordance with the standards of the electric utility company. The property owner
shall be required to pay the charges for installation of the underground service, which charges
will be made in accordance with the then effective underground electric service plan as filed with
the North Carolina Utilities Commission.
16.30 Other Requirements
16.30. 1 Placement of Monuments
Unless otherwise specified by this ordinance, the Manual of Practice for Land Surveying
as adopted by the N.C. State Board of Registration for Professional Engineers and Land
Surveyors, under the provisions of Title 21 of the North Carolina Administrative Code, Chapter
56 (21 NCAC 56), shall apply when conducting surveys for subdivisions; to determine the
accuracy for surveys and placement of monuments, control corners, markers, and property
corner ties; to determine the location, design, and material of monuments, markers, control
corners, and property corner ties; and to determine other standards and procedures governing
the practice of land surveying for subdivisions.
16.30.2 Construction Procedures
No construction or installation of improvements shall commence in a proposed
subdivision until the preliminary plat has been approved, and all plans and specifications have
been approved by the appropriate authorities. No building, zoning or other permits shall be
245

issued for erection of a structure on any lot not of record at the time of adoption of this ordinance
until all the requirements of this ordinance have been met. The property owner, prior to
commencing any work within the subdivision, shall make arrangements with the Subdivision
Administrator to provide for adequate inspection. The approving authorities having jurisdiction
or their representatives shall inspect and approve all completed work prior to release of the
sureties.
16.30.3 Oversized Improvements
The Town of Vass may require installation of certain oversized utilities or the extension
of utilities to adjacent property when it is in the interest of future development. If the Town
requires the installation of improvements in excess of the standards required in this ordinance,
including all standards adopted by reference, the Town shall pay the cost differential between
the improvement required and the standards in this ordinance.
16.31 Dedication of Roads and other Infrastructure
Offers of dedication of public roads and sidewalks shall not be accepted by the Town until
the final lift of pavement is complete and installation of sidewalks or walkways in rights of ways.
Prior to acceptance, the infrastructure shall pass an inspection and all repairs shall be made.
Offers of dedication shall be accepted by the Board of Commissioners through Board action
during a public meeting.
246

Article 17, AMENDMENTS AND DEVELOPMENT MORATORIA
17.1 Amendments in General
A. Amendments to the text of this Ordinance or to the Official Zoning Map may be made in
accordance with the provisions of this Article.
B. The term major map amendment shall refer to an amendment that addresses the zoning
district classification of five (5) or more tracts of land in separate ownership, or any parcel of
land (regardless of the number of lots or owners) in excess of fifty (50) acres. All other
amendments to the Official Zoning Map shall be referred to as minor map amendments.
17.2 Initiation of Amendments
A. Whenever a request to amend this Ordinance is initiated by the Town Board of
Commissioners, the Planning Board, the Zoning Board of Adjustment, or the Town
Administration, the Town Attorney, in consultation with the Administrative Officer, shall draft an
appropriate ordinance and present that ordinance to the Town Board of Commissioners so that
a date for a public hearing may be set.
B. Any other person may also petition the Town Board of Commissioners to amend this
Ordinance. The petition shall be filed with the Administrative Officer and shall include, among
the information deemed relevant by the Administrative Officer:
1 . The name, address, and telephone number of the applicant;
2. A legal description (metes and bounds)of the land affected by the amendment if a change
in zoning district classification is proposed;
3. The alleged error in this Ordinance or on the Official Zoning Map, if any, that would be
remedied by the proposed amendment;
4. The changing or changed conditions, if any, of neighborhoods or areas in the Town that
make the proposed amendment reasonably necessary in order to promote the public
health, safety, and welfare;
5. The manner in which the proposed amendment will carry out the purpose of the adopted
Land Use Development Plan;
6. All other circumstances, factors and reasons that the applicant offers in support of the
proposed amendment;
247

7. A description of the proposed map change, or a summary of the specific objective of any
proposed change in the text of this Ordinance;
8. First class stamped envelopes containing the names and addresses of all those to whom
notice of the public hearing must be sent as provided in Section 17.2.2 (Hearing Required;
Notice).
C. Upon receipt of a petition as provided in Subsection B, the Administrative Officer shall
either:
1 . Treat the proposed amendment as one initiated by the Town Administration and proceed
in accordance with Subsection A if he/she believes that the proposed amendment has
significant merit and would benefit the general public, or
2. Forward the petition to the Town Board of Commissioners, with or without written
comment, for a determination of whether an ordinance should be drafted and a public
hearing set in accordance with Subsection D.
D. Upon receipt of a proposed amendment as provided in Subsection A, the Town Board of
Commissioners may establish a date for a public hearing on it. Upon receipt of a petition for an
Ordinance amendment as provided in Subsection B, the Town Board of Commissioners may
summarily deny the petition or set a date for a public hearing on the requested amendment and
order the Town Attorney, in consultation with the Administrative Officer, to draft an appropriate
ordinance.
17.2.1 Planning Board Consideration of Proposed Amendments
A. If the Town Board of Commissioners set a date for a public hearing on a proposed
amendment, it shall also refer the proposed amendment to the Planning Board for its
consideration.
B. The Planning Board shall endeavor to review the proposed amendment in such a timely
fashion that any recommendations it may have can be presented to the Town Board of
Commissioners at the public hearing on the amendment. However, if the Planning Board is not
prepared to make recommendations at the public hearing, it may request the Town Board of
Commissioners to delay final action on the amendment until such time as the Planning Board
can present its recommendations.
C. The Planning Board shall advise and comment on whether the proposed amendment is
consistent with any comprehensive plan that has been adopted and any other officially adopted
plan that is applicable. The Planning Board shall provide a written recommendation to the Town
Board of Commissioners that addresses plan consistency and other matters as deemed
appropriate by the Planning Board; however, a comment by the Planning Board that a proposed
amendment is inconsistent with the comprehensive plan or other adopted plan(s) shall not
248

preclude consideration or approval of the proposed amendment by the Town Board of
Commissioners.
D. If no written report is received from the Planning Board within forty-five (45) days of
referral of the amendment to the Board, the Town Board of Commissioners may proceed in its
consideration of the amendment without the Planning Board's report. The Town Board of
Commissioners is not bound by the recommendation, if any, of the Planning Board.
E. No Planning Board member shall vote on recommendations regarding any zoning map
or text amendment where the outcome of the matter being considered is reasonably likely to
have a direct, substantial, and readily identifiable financial impact on the matter.
17.2.2 Hearing Required; Notice
A. No ordinance that amends any of the provisions of this Ordinance may be adopted until
a public hearing has been held on such ordinance.
B. The Administrative Officer shall publish a notice of the public hearing on any ordinance
that amends the provisions of this Ordinance once a week for two (2) successive weeks in a
newspaper of general circulation in the area. The notice shall be published for the first time not
less than ten (10) days nor more than twenty-five (25) days before the date fixed for the hearing.
In computing this period, the date of publication shall not be counted, but the date of the hearing
shall be.
C. The Administrative Officer shall mail written notice of the public hearing via first class mail
to the record owners for tax purposes of all properties whose zoning classification is changed
by the proposed amendment, as well as the owners of all adjacent properties, including those
across the street, railroad, or other transportation corridor from the property to be rezoned by
the amendment. The notice shall be deposited in the mail at least ten (10) but not more than
twenty-five (25) days prior to the date of the public hearing. The Administrative Officer shall
certify to the Town Board of Commissioners that fact, and such certificate shall be deemed
conclusive in the absence of fraud.
D. The first-class mail notice required by Subsection C shall not be required if the rezoning
directly affects more than fifty (50) properties, owned by a total of at least fifty (50) different
property owners, and the Town elects to use the expanded published notice in a newspaper of
general circulation within the area where the rezoning is proposed. The expanded published
notice shall consist of an advertisement of the public hearing that is no less than one-half (1/2)
of the newspaper page in size. The Administrative Officer shall publish the notice once a week
for two (2) successive weeks. The notice shall be published for the first time not less than ten
(10) days nor more than twenty-five (25) days before the date fixed for the hearing. In computing
this period, the date of publication shall not be counted, but the date of the hearing shall be. The
advertisement shall only be effective for property owners who reside in the area of general
circulation of the newspaper that publishes the notice. Property owners who reside outside of
the newspaper circulation area, according to the address listed on the most recent property tax
249

listing for the affected property, shall be notified by first class mailed notice, as prescribed in
Subsection C.
E. The Administrative Officer shall also post notices of the public hearing on the property
being rezoned by the proposed amendment or on an adjacent public street or highway right-of-
way. When multiple parcels are involved, a posting on each individual parcel is not required, but
the Town shall post sufficient notices to provide reasonable notice to interested persons. The
Administrative Officer may elect to take any other action deemed to be useful or appropriate to
give notice of the public hearing on any proposed amendment. The notice(s) shall be posted no
less than ten (10) days prior to date of the public hearing.
F. Notice to NCDOT. Pursuant to NCGS 136-153 (Zoning Changes), The Administrative
Officer shall give written notice to the Department of Transportation of the establishment or
revision of any industrial zone within six hundred and sixty (660) feet of interstate or primary
highways. Notice shall be by registered mail sent to the offices of the Department of
Transportation in Raleigh, North Carolina, within fifteen (15) days after the effective date of the
zoning change or establishment.
G. The notices required or authorized by this Section shall:
1. State the date, time, and place of the public hearing,
2. Summarize the nature and character of the proposed change,
3. If the proposed amendment involves a change in zoning district classification, reasonably
identify the property whose classification would be affected by the amendment,
4. State that the full text of the amendment can be obtained from the Town Clerk, and
5. State that changes in the proposed amendment may be made following the public
hearing.
6. The posted notice shall only be required to state the property is subject to a rezoning
request, that a public hearing will be held on the matter, and give contact information on
where to obtain information on the request and the date and time of the hearing.
H. The Administrative Officer shall make every reasonable effort to comply with the notice
provisions set forth in this Section. However, it is the Town Board of Commissioners intention
that no failure to comply with any of the notice provisions (except those set forth in Subsection
B) shall render any amendment invalid.
17.2.3 Town Board of Commissioners Action on Amendments
250

A. At the conclusion of the public hearing on a proposed amendment, the Town Board of
Commissioners may proceed to vote on the proposed ordinance, refer it to a committee
for further study, or take any other action consistent with its rules of procedure.
B. The Town Board of Commissioners are not required to take final action on a proposed
amendment within any specific period of time, but it should proceed as expeditiously as
practicable on petitions for amendments since inordinate delays can result in the
petitioner incurring unnecessary costs.
C. Voting on amendments to this Ordinance shall proceed in the same manner as other
ordinances.
D. Prior to adopting or rejecting any zoning amendment, the Town Board of Commissioners
shall adopt a statement describing whether its action is consistent with an adopted
comprehensive plan or other officially adopted plan, and explaining why the Board
considers the action taken to be reasonable and in the public interest. That statement is
not subject to judicial review.
E. A Town Board of Commissioners member shall not vote on any zoning map or text
amendment where the outcome of the matter being considered is reasonably likely to
have a direct, substantial, and readily identifiable financial impact on the member.
17.2.4 Ultimate Issue Before Town Board of Commissioners on Amendments
In deciding whether to adopt a proposed amendment to this Ordinance, the central issue before
the Town Board of Commissioners is whether the proposed amendment advances the public
health, safety, or welfare. All other issues are irrelevant, and all information related to other
issues at the public hearing may be declared irrelevant by the Mayor and excluded. In particular,
when considering proposed minor map amendments:
1. The Town Board of Commissioners shall not consider any representations made by the
petitioner that if the change is granted the rezoned property will be used for only one (1)
of the possible range of uses permitted in the requested classification. Rather, the Town
Board of Commissioners shall consider whether the entire range of permitted uses in the
requested classification is more appropriate than the range of uses in the existing
classification.
2. The Town Board of Commissioners shall not regard as controlling any advantages or
disadvantages to the individual requesting the change, but shall consider the impact of
the proposed change on the public at large.
3. Pursuant to NCGS 160D-601 (Procedure for Adopting or Amending Ordinances Under
Article), (b), if Fort Bragg Military Reservation provides comments or analysis regarding
the compatibility of the proposed ordinance or amendment with military operations at the
251

base, the Town Board of Commissioners shall take the comments and analysis into
consideration before making a final determination on the ordinance or amendment.
4. The Town Board of Commissioners shall consider whether or not its action is consistent
with an adopted comprehensive plan or other officially adopted plan, and if the action
taken is reasonable and in the public interest. When a zoning map amendment is made
that is inconsistent with any Future Land Use Map associated with the Comprehensive
Land Use Plan, the Future Land Use Map is deemed amended at the same time. This
Comprehensive Land Use Plan amendment is to the map itself, not any text and shall not
require a separate application or fee.
5. When adopting or rejecting any petition for a zoning map amendment, a statement
analyzing the reasonableness may consider, among other factors, (i) the size, physical
conditions, and other attributes of the area proposed to be rezoned, (ii) the benefits and
detriments to the landowners, the neighbors, and the surrounding community, (iii) the
relationship between the current actual and permissible development on the tract and
adjoining areas and the development that would be permissible under the proposed
amendment; (iv) why the action taken is in the public interest; and (v) any changed
conditions warranting the amendment. If the zoning map amendment qualifies as a large-
scale rezoning under G.S. 160D-602(b), the governing board statement on
reasonableness may address the overall rezoning. The statement of reasonableness and
the plan consistency statement may be approved as a single statement.
17.3 Effect of Denial or Withdrawal on Subsequent Applications
When the Town Board of Commissioners shall have denied an application for an amendment,
or the application shall have been withdrawn by the applicant by written notice after the first
public hearing required, the Administrative Officer shall not accept another application for the
same or similar amendment affecting the same property or portion thereof, until the expiration
of a twelve (12) month period extending from the date of denial or withdrawal as appropriate.
Nothing in this Section, however, shall prohibit the Town Board of Commissioners or Planning
Board from initiating an amendment for any property at any time.
17.4 Development Moratoria
The Town Board of Commissioners may adopt temporary moratoria on any Town development
approval required by law. The duration of any moratorium shall be reasonable in light of the
specific conditions that warrant imposition of the moratorium and may not exceed the period of
time necessary to correct, modify, or resolve such conditions.
252

17.4.1 Notice of Public Hearing
A. Except in cases of imminent and substantial threat to public health or safety, before
adopting an ordinance imposing a development moratorium with a duration of sixty (60) days or
any shorter period, the Town Board of Commissioners shall hold a public hearing and shall
publish a notice of the hearing in a newspaper having general circulation in the area not less
than seven (7) days before the date set for the hearing.
B. A development moratorium with a duration of sixty-one (61) days or longer, and any
extension of a moratorium so that the total duration is sixty-one (61) days or longer, is subject to
the published newspaper notice and hearing requirements required for a zoning map or text
amendment.
17.4.2 Application of Moratorium on Existing/Pending Permits and Approvals
Absent an imminent threat to public health or safety, a development moratorium adopted
pursuant to this Section shall not apply to:
1 . Any project for which a valid zoning and/or building permit issued is outstanding,
or
2. Any project for which a Special Use permit application has been accepted for
review by the Town prior to the call for public hearing to adopt the moratorium, or
3. Development set forth in a site-specific or phased development plan approved
pursuant to a granted vested right, or
4. Development for which substantial expenditures have already been made in good
faith reliance on a prior valid administrative or quasi-judicial permit or approval, that have
been accepted for review by the Town prior to the call for public hearing to adopt the
moratorium.
17.4.3 Contents of Ordinance Adopting Moratorium
Any ordinance establishing a development moratorium must expressly include at the time of
adoption each of the following:
1 . A clear statement of the problems or conditions necessitating the moratorium and
what courses of action, alternative to a moratorium, were considered by the Town and
why those alternative courses of action were not deemed adequate.
253

2. A clear statement of the development approvals subject to the moratorium and
how a moratorium on those approvals will address the problems or conditions leading to
imposition of the moratorium.
An express date for termination of the moratorium and a statement setting forth why that
duration is reasonably necessary to address the problems or conditions leading to
imposition of the moratorium.
4. A clear statement of the actions, and the schedule for those actions, proposed to
be taken by the Town during the duration of the moratorium to address the problems or
conditions leading to imposition of the moratorium.
17.4.4. Extension of Moratorium
No moratorium may be subsequently renewed or extended for any additional period unless the
Town shall have taken all reasonable and feasible steps proposed to be taken by the Town in
its ordinance establishing the moratorium to address the problems or conditions leading to the
imposition of the moratorium and unless new facts and conditions warrant an extension. Any
ordinance renewing or extending a development moratorium must expressly include, at the time
of adoption, the findings set forth in Section 17.6.3 (Contents of Ordinance Adopting
Moratorium), including what new facts or conditions warrant the extension.
17.4.5 Judicial Review
Any person aggrieved by the imposition of a moratorium on development approvals required by
law may apply to the appropriate division of the General Court of Justice for an order enjoining
the enforcement of the moratorium, and the court shall have jurisdiction to issue that order.
Actions brought pursuant to this Section shall be set down for immediate hearing, and
subsequent proceedings in those actions shall be accorded priority by the trial and appellate
courts. In any such action, the Town shall have the burden of showing compliance with the
procedural requirements of this Section.
Part 2. Conditional Zoning Rezoning
17.5 Approval of Conditional Zoning
Consideration of a conditional zoning is a legislative process that uses the same process and is
subject to the same judicial standards of review as a general district rezoning. Except as
otherwise provided in this part, the requirements of article 17, part 1 shall apply to the
consideration of a conditional rezoning.
254

17.6 Optional Preapplication Conference
Any person proposing to request a conditional zoning may, but is not required to, meet with the
Town staff and/or Board of Commissioners prior to submitting an application for a conditional
zoning. The purpose of this meeting(s) shall be to give the applicant an opportunity to receive
feedback on the proposal prior to submitting an application. An applicant is strongly encouraged
to provide a rough sketch plan of the proposed project and any other details that will assist the
Town staff and/or Board of Commissioners in evaluating the merits of the proposal. No fee will
be charged for preapplication conferences.
17.7 Plans and Other Information to Accompany Petition.
A. Property may be rezoned to a conditional zoning with a petition submitted by the
owners of all of the property to be included. A petition for conditional zoning must
include, at a minimum, a site plan that complies with the requirements of section
3.9.3, "Specifications for Plan Preparation," and a narrative that provides any
proposed rules, regulations, and conditions, and any other proposed ordinances that
will govern the development and use of the property in conjunction with the
requirements of the Vass Zoning Ordinance and/or in lieu of specified portions of the
Vass Zoning Ordinance.
B. The Board of Commissioners may allow less information or require more information
to be submitted according to the needs of a particular application, but the applicant
may rely in the first instance on the recommendations of the Administrator as to
whether more or less information should be submitted.
C. In the course of evaluating the proposed use, the Administrator, Planning Board or the
Board of Commissioners may request additional information from the petitioner. This
information may include the following:
1 . Proposed number and general location of all structures;
2. Proposed screening, buffers and landscaping over and above that required by
these regulations, as well as proposed treatment of any existing natural features;
3. Existing and approximate proposed topography, if available, at two-foot contour
intervals or less;
4. Scale of buildings relative to abutting property;
5. Height of structures;
6. Significant features of proposed development such as enhanced buffers or
external setbacks, greenways and open space;
7. Approximate locations of roads and points of ingress and egress;
8. Information regarding availability of utilities to serve the project;
9. Proposed number and location of signs; and
10.Any other information needed to demonstrate compliance with this chapter.
D. The site plan and any supporting text shall constitute part of the petition for all
purposes under this part.
255

E. The Administrator or his or her designee may require the petitioner to submit more
than one copy of the petition, site plan and other supporting documents in order to
have enough copies available to circulate to other town departments or other
government agencies for review and comment. One copy shall be provided to Moore
County Utilities if the County is to provide water and sewer.
17.8 Conditions on Approval of Petition.
A. In approving a petition for the reclassification of property to a conditional zoning district,
the Planning Board may recommend and the Board of Commissioners may request that
reasonable and appropriate conditions be attached to approval of the petition.
B. Conditions and site-specific standards shall be limited to those that address the
conformance of the development and use of the site to town ordinances and all relevant
officially adopted plans. Conditions and site-specific standards may also address the
impacts reasonably expected to be generated by the development or use of the site.
Any such conditions should relate to the relationship of the proposed use to surrounding
property, proposed support facilities such as parking areas and driveways, pedestrian
and vehicular circulation systems, screening and buffer areas, the timing of
development, street and right-of-way improvements, water and sewer improvements,
storm water drainage, the provision of open space, and other matters that the Board of
Commissioners may find appropriate or the petitioner may propose. Such conditions to
approval of the petition may include dedication to the town, county or State, as
appropriate, of any rights-of-way or easements for streets, water, sewer, or other public
utilities necessary to serve the proposed development. The Board of Commissioners
may approve conditions that vary, lower or impose higher standards than those that
would ordinarily apply were the property at issue rezoned to something other than a
conditional zoning district. The Board of Commissioners may also address additional
fees, design requirements, and other development considerations allowed by NCGS
160D-703(b).
C. The petitioner shall have a reasonable opportunity to consider and respond to any such
conditions prior to final action by the Board of Commissioners. Only those conditions
mutually approved by the Board of Commissioners and the petitioner may be
incorporated into the petition. The land owner must provide written consent to the final
conditions.
17.9 Effect of Approval.
A. If a petition for conditional zoning is approved, the development and use of the property
shall be governed by the predetermined ordinance requirements applicable to the
district's category, the approved site plan for the district, and any additional approved
rules, regulations, and agreed upon conditions, all of which shall constitute the zoning
regulations for the approved district and are binding on the property as an amendment
to these regulations and to the town Zoning Map. Minor modifications to the plans are
256

addressed in section 17.10.
B. If a petition is approved, the petitioner shall comply with all federal and State laws and
the requirements of the Vass Code of Ordinances and Zoning and Subdivision
Ordinances, including those for obtaining a building permit and certificate of occupancy.
Only those uses and structures indicated in the approved petition and site plan shall be
allowed on the subject property.
C. Following the approval of the petition for conditional zoning, the subject property shall
be identified on the town Zoning Map by the appropriate district designation. A parallel
conditional zoning shall be identified by the same designation as the underlying general
district followed by the letter"CZ" (for example a Mixed Used conditional zoning district
would be designated as "MU-CZ").
17.10 Modification of Approval.
Changes to an approved petition for conditional zoning or to the conditions attached to an
approved petition for conditional zoning shall be treated the same as amendments to the text of
this ordinance or to the official Zoning Map and shall be processed in accordance with the
requirements of this article. Notwithstanding the foregoing, the Board of Commissioners may, as
part of the conditions imposed on the conditional zoning, include a list of modifications that may
be approved by Administrator or other appropriate town staff without further review by the Town
Board. The Board may allow staff to review proposed modifications to plans and if they are
considered to be minor in nature and not a modification of use or density, they may be approved
on the staff level. Prior to approval, staff may consult with the Planning Board or Board of
Commissioners to ensure that it is agreed to be a minor modification. Such modifications may
include items such as minor changes to exterior elevation, signage, and landscaping
specifications.
257

Article 18, DEFINITIONS
18.1 Specific Purposes
This Article provides definitions and rules for interpretation of this Ordinance.
18.2 Rules of Interpretation
For the purpose of this Ordinance, certain words used herein shall be interpreted as
follows:
1 . The word "shall" is always mandatory and the word "may" is permissive;
2. The words "used" or "occupied" include the words "intended", "designed",
or "arranged to be used or occupied";
3. Words importing the masculine gender include the feminine and neuter;
4. Words used in the singular include the plural and words used in the plural
include the singular;
Terms not herein defined shall have the meanings customarily assigned to them.
18.3 Definitions
Abandonment — To cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
Abutting — Having a common border with, or being separated from such a common
border by a right-of-way, alley, or easement.
Accessory Use — See Section 9.2 (Accessory Uses).
Adjacent - Property abutting directly on the boundary of, touching, or sharing a common
point. This term shall also include properties located across streets, easements, or other
public/private rights-of-way.
Administrative decision - Decisions made in the implementation, administration, or
enforcement of development regulations that involve the determination of facts and the
application of objective standards set forth in 160D or local government development
258

regulations. These are sometimes referred to as ministerial decisions or administrative
determinations.
Administrative hearing -A proceeding to gather facts needed to make an administrative
decision.
Adult Day Care Facility — The provision of group care and supervision in a place other
than their usual place of abode on a less than twenty-four (24) hour basis to adults who
may be physically or mentally disabled. The following programs are exempted from the
provisions of NCGS 131D-6 (Certification of Adult Day Care Programs; Purpose;
Definition, Penalty):
1 . those that care for three (3) people or less;
2. those that care for two (2) or more persons, all of whom are related by blood or
marriage to the operator of the facility;
3. those that are required by other Statutes to be licensed by the Department of
Human Resources.
Adverse Impacts — Off-site impacts that may have a negative effect on adjacent
properties. These effects may include, but are not limited to, the following: noise,
vibration, air pollution, liquid waste, glare, traffic congestion, and storm water runoff.
Agricultural Uses - Land used as pasture or in the commercial production of crops,
horticultural products, fish hatcheries, or aquaculture. Also, for the purposes of this
Ordinance, the keeping of livestock for commercial or noncommercial purposes is defined
as an agricultural use. Livestock includes, but is not limited to, poultry and hoofed animals
such as cattle, horses, swine, goats, and sheep. Also included in this definition of
agricultural uses are agricultural accessory buildings, and sales of agricultural products
grown or raised on the premises. Not included in this definition are the commercial
slaughtering of animals for marketing and farm tenant dwellings.
Airport - A place where aircraft may take off and land, be repaired, take on or discharge
passengers or cargo, be stored or refueled, and includes customary accessory uses.
Antenna — Equipment designed to transmit or receive electronic signals.
Arcade/Game Room — Any place or facility where three or more pinball or other similar
electronic games are played for amusement only. Shall not be construed so as to include
bingo games, internet or sweepstakes cafes or any form of electronic game promotions.
(Amended 2/14/11)
Archery - The art, sport, or skill of shooting with a bow and arrow.
Automatic Teller Machine, Freestanding — A machine or device through which a
customer can conduct certain banking transactions and which is not located on the same
259

lot as the bank or financial institution with which the machine is associated. The purpose
of this definition is to distinguish between teller machines operated as accessory uses to
banks located in principal buildings/structures where customers can choose to do their
banking either inside the building or at the teller machine, and teller machines that are
totally separate from bank buildings and therefore generate additional traffic.
Automobile Repair Shop or Body Shop — An establishment where the following
services are available: major mechanical repairs, including engine overhaul and
transmission work, body work, straightening of body parts, painting, and welding.
Automobile Service Station —An establishment where gasoline or diesel fuel is supplied
at retail and where, in addition, the following services only may be rendered and sales
made:
1. Sales and service of spark plugs, batteries, and distributor and ignition system
parts;
2. Sales, service, and repair of tires, but not recapping or re-grooving;
3. Replacement of mufflers, tail pipes, water hoses, fan belts, brake fluid, light bulbs,
fuses, floor mats, seat covers, windshield wipers and blades, grease retainers,
wheel bearings, mirrors, and the like;
4. Radiator cleaning, flushing, and fluid replacement;
5. Sale of automotive washing and polishing supplies;
6. Greasing and lubrication;
7. Providing and repairing fuel pumps, oil pumps, and lines;
8. Minor adjustment and repair of carburetors;
9. Emergency repair of wiring;
10. Minor motor adjustment not involving removal of the head or crankcase;
11 . Sale of beverages, packaged foods, tobacco products, and similar convenience
goods for customers, as accessory and incidental to principal operations;
12. Provision of road maps and other travel information to customers;
13. Provision of restroom facilities;
14. Warranty maintenance and safety inspections.
Uses permissible at an automobile service station do not include major mechanical and
body work, straightening of body parts, painting, welding, storage of automobiles not in
operating condition, or other work involving noise, glare, fumes, smoke, or other
characteristics to an extent greater than normally found in automobile service stations.
Bed and Breakfast Establishment—A use that takes place within a building that was/is
designed and used as a single-family detached dwelling unit, consists of a single dwelling
unit together with the rental of one (1) or more bedrooms on a daily or weekly basis to
tourists, vacationers, or similar transients, where the provision of meals, if provided at all,
is limited to registered guests, and where the bed and breakfast operation is conducted
primarily by persons who reside within the dwelling unit, with the assistance of not more
than an equivalent of two (2) full-time employees.
260

Bedroom — A private room planned and intended for sleeping, separated from other
rooms by a door, and accessible to a bathroom without crossing another bedroom.
Berm — A man-made mound of earth whose length exceeds its height by a factor of at
least five (5) and whose side slopes are constructed at a steepness ratio of six-to-one
(6:1) or steeper. The side slope of a berm shall not be constructed steeper than two-to-
one (2:1).
Best Management Practices (BMP's) - A structural or nonstructural management-
based practice used singularly or in combination to reduce non-point source inputs to
receiving waters in order to achieve water quality protection goals.
Billboard — An on- or off-premise sign owned by a person, corporation, or other entity
that engages in the business of selling the advertising space on that sign.
Billiard Parlor/Pool Room —Any establishment that has one or more billiard/pool tables
or whose principal purpose is the operation of a billiard parlor or pool room regardless of
the total number of billiard/pool tables. Billiard or pool tables are not permitted in grocery
or convenience stores. (Amended 2/14/11)
Block - A piece of land bounded on one or more sides by streets or roads.
Building Setback Line - A line parallel to the front property line in front of which no
structure shall be erected. Setbacks shall be figured from the right-of-way line.
Boarding House — A residential use consisting of at least one (1) dwelling unit together
with more than two (2) rooms that are rented out, or are designed or intended to be rented,
but which rooms, individually or collectively, do not constitute separate dwelling units. A
rooming house or boarding house is distinguished from a tourist home in that the former
is designed to be occupied by longer-term residents (at least month-to-month tenants) as
opposed to overnight or weekly guests.
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.
Building — A structure designed to be used as a place of occupancy, storage or shelter.
Building, Accessory — A minor building that is located on the same lot as a principal
building and that is used incidentally to a principal building or that houses an accessory
use. A carport of any kind and a storage shed are considered accessory buildings.
Building, Principal — The primary building on a lot, or a building that houses a principal
use.
261

Built-Upon Area — "Built-upon area" means impervious surface and partially impervious
surface to the extent that the partially impervious surface does not allow water to infiltrate
through the surface and into the subsoil. "Built-upon area" does not include a slatted deck
or the water area of a swimming pool. Also see Impervious Surface.
Camp—A recreation use that may include locations for tents, cabins, or other recreational
sleeping structures, but would not include manufactured homes or recreational vehicles.
A camp may be owned by a profit or non-profit corporation.
Car Wash, Automatic - A commercial facility where vehicles are mechanically washed.
Car Wash, Self Service - A structure housing equipment used by individuals for spray
washing vehicles.
Cemetery - A place used or to be used and dedicated or designated for earth interments
of human remains or pet animal remains.
Center Line of Street - The centerline of a street right-of-way.
Child Care — A program or arrangement where three (3) or more children less than
thirteen (13) years of age, who do not reside where the care is provided, receive care on
a regular basis of at least once per week for more than four(4) hours, but less than twenty-
four (24) hours, per day from persons other than their guardians or full-time custodians,
or from persons not related to them by birth, marriage, or adoption. Child care does not
include the following:
1 . Arrangements operated in the home of any child receiving care if all the children
in care are related to each other, or no more than two (2) additional children are in
care;
2. Recreational programs operated for less than four (4) consecutive months in a
year;
3. Specialized activities or instruction such as athletics, dance, art, music lessons,
horseback riding, gymnastics, or organized clubs for children, such as Boy Scouts,
Girl Scouts, 4-H groups, or boys and girls clubs;
4. Drop-in or short-term care provided while parents participate in activities that are
not employment related, and where the parents are on the premises or otherwise
easily accessible, such as drop-in or short-term care provided in health spas,
bowling alleys, shopping malls, resort hotels, or churches;
5. Public schools;
262

6. Nonpublic schools described in Part 2 (Qualified Nonpublic Schools) or Article 39
(Nonpublic Schools) of Chapter 115C (Elementary and Secondary Education) of
the North Carolina General Statutes that are accredited by the Southern
Association of Colleges and Schools and that operate a child day care facility as
defined under Child Day Care Facility of or less than six and one-half (61/2) hours
per day either on or off the school site;
7. Bible schools conducted during vacation periods;
1 . Care provided by facilities licensed under Article 2 (Licensure of Facilities for the
Mentally III, the Developmentally Disabled, and Substance Abusers) of Chapter
122C (Mental Health, Developmental Disabilities, and Substance Abuse Acts of
1985) of the North Carolina General Statutes;
2. Cooperative arrangements among parents to provide care for their own children
as a convenience rather than for employment; and
3. Any child care program or arrangement consisting of two (2) or more separate
components, each of which operates for four(4) hours or less per day with different
children attending each component.
Child Care Center — An arrangement where, at any one (1) time, there are three (3) or
more pre-school children, or nine (9) or more school-age children receiving child care.
Child Day Care Facility — Includes child care centers, family child care homes, and any
other child care arrangement not excluded by NCGS 110-86 (Definitions), (2) (Child
Care), that provides child care, regardless of the time of day, wherever operated, and
whether or not operated for profit.
Circulation Area — That portion of the vehicle accommodation area used for access to
parking or loading areas or other facilities on the lot. Essentially, driveways and other
maneuvering areas (other than parking aisles) comprise the circulation area.
Clinic - Establishments where humans receive treatment of illnesses or pregnancy, or
examination by a doctor, dentist, optician, psychologist, or other similar medical
professional on an out-patient basis.
Club or Lodge - A non-profit association of persons, who are bona fide members paying
dues, that owns, hires, or leases a building, or portion thereof; the use of such premises
being restricted to members and their guests. The affairs and management of such
"private club or lodge" are conducted by a board of directors, executive committee or
similar body chosen by the members. It shall be permissible to serve food and meals on
such premises providing adequate dining room space and kitchen facilities are available.
The sale of alcoholic beverages to members and their guests shall be allowed provided
it is secondary and incidental to the promotion of some other common objectives of the
organization, and further provided that such sale of alcoholic beverages is in compliance
263

with all applicable Federal, State, and local laws.
Cluster Development - The grouping of buildings in order to conserve land resources
and provide for innovation in the design of a project. This term includes non-residential
development as well as single-family residential subdivisions and multi-family
developments that do not involve the subdivision of land.
College or University - An institution other than a trade school that provides full-time or
part-time education beyond high school.
Columbarium - A structure or building exposed above ground intended to be used for
the interment of the cremated remains of a deceased person or animal.
Combination Use — A use consisting of a combination on one (1) lot of two (2) or more
principal uses separately listed in the Table of Permitted Uses. (Under some
circumstances, a second principal use may be regarded as accessory to the first, and
thus a combination use is not established. In addition, when two (2) or more separately
operated enterprises occupy the same lot, and all such enterprises fall within the same
principal use classification, this shall not constitute a combination use).
Commercial — Relates to, or is connected with, trade and traffic or commerce in general;
is occupied with business and commerce.
Commercial Use — Term implies use in connection with, or for furtherance of, a profit-
making enterprise.
Community Center—A publicly-sponsored, non-profit indoor facility providing for one (1)
or several of various types of recreational uses. Facilities in a community center may
include, but are not limited to, gymnasia, swimming pools, indoor court areas,
meeting/activity rooms, and other similar uses. For the purposes of this definition, the
term publicly-sponsored means that a significant Town investment is involved in some
fashion in the facility's development or operations.
Comprehensive plan - A comprehensive plan that has been officially adopted by the
governing board pursuant to G.S. 1660D-501.
Conditional zoning - A legislative zoning map amendment with site-specific conditions
incorporated into the zoning map amendment.
Condominium - A form of property ownership whereby the owner gains ownership of an
interior space within a building. The building structure, the land under the building, and
all of the surrounding land is commonly owned by all of the inhabitants on a proportional
basis.
Convenience Store — A one (1) story retail store that is designed and stocked to sell
primarily food, beverages, and other household supplies to customers who purchase only
264

a relatively few items (in contrast to a "supermarket"). It is designed to attract, and
depends upon, a large volume of stop-and-go traffic. Illustrative examples of convenience
stores are those operated by the "Fast Fare," "7-11," and "Pantry" chains.
Correctional Facility - Publicly or privately operated facilities housing persons awaiting
trial or persons serving a sentence after being found guilty of a criminal offense.
Critical Area — The land area within one-half (1/2) mile of the normal pool of an existing
or proposed water supply impoundment, or the ridgeline of the watershed, whichever is
less.
dBA - The sound pressure level, in decibels, as measured using the impulse mode and
"A" weighting network on a precision sound level meter.
Day Care Center—Any child care arrangement that provides day care on a regular basis
for more than four (4) hours per day for more than five (5) children of preschool age.
Decision-making Board - A governing board, planning board, board of adjustment,
historic district board, or other board assigned to make quasi-judicial decisions under this
Ordinance.
Dedication - A gift, by the owner, or a right to use of land for a specified purpose or
purposes. Because a transfer of property rights is entailed, dedication must be made by
written instrument, and is completed with an acceptance.
Determination - A written, final, and binding order, requirement, or determination
regarding an administrative decision.
Density - The number of dwelling units per acre.
Designated Buffer — An area of land adjacent to lakes or watercourses within the
Watershed Overlay District that remains undisturbed in order to reduce the sedimentation
and pollution of such lakes or watercourses.
Developed parcel (watershed) - Any parcel of a parcel pair that, under any approval
granted under Article 13, may be developed to a development density or intensity that
exceeds the maximum development density or intensity that would apply to the parcel if
the paired-parcel averaged-density development option were not available.
Developer—A person, including a governmental agency or redevelopment authority, who
undertakes any development and who is the landowner of the property to be developed
or who has been authorized by the landowner to undertake development
Development —Any of the following:
265

a. The construction, erection, alteration, enlargement, renovation, substantial repair,
movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land.
This definition does not alter the scope of regulatory authority granted by this Ordinance.
Development approval - An administrative or quasi-judicial approval made pursuant to
this Ordinance that is written and that is required prior to commencing development or
undertaking a specific activity, project, or development proposal. Development approvals
include, but are not limited to, zoning permits, site plan approvals, special use permits,
variances, and certificates of appropriateness. The term also includes all other regulatory
approvals required by regulations adopted pursuant to this Chapter, including plat
approvals, permits issued, development agreements entered into, and building permits
issued.
Development regulation - A unified development ordinance, zoning regulation,
subdivision regulation, erosion and sedimentation control regulation, floodplain or flood
damage prevention regulation, mountain ridge protection regulation, stormwater control
regulation, wireless telecommunication facility regulation, historic preservation or
landmark regulation, housing code, State Building Code enforcement, or any other
regulation adopted pursuant to 160D, or a local act or charter that regulates land use or
development.
Dimensional Nonconformity - A nonconforming situation that occurs when the height,
size, or minimum floor space of a structure or the relationship between an existing building
or buildings and other buildings or lot lines does not conform to the regulations applicable
to the district in which the property is located.
Discharging Landfill - A facility with liners, monitoring equipment and other measures
to detect and/or prevent leachate from entering the environment and in which the leachate
is treated on site and discharged to a receiving stream.
Discontinued - When the structure is vacated and no physical attempt is made to
reoccupy the structure and utilize it for its current use.
Drainage Facilities — Any temporary or permanent natural or man-made facility utilized
to divert, convey, or store storm water runoff. Such facilities shall include, but shall not
be limited to, drainage pipes and culverts, swales and ditches, intermittent and perennial
streams, catch basins, drainage junction boxes and manholes, yard inlets, retention and
detention basins and ponds, curbing that will carry runoff, dams and weirs, and culvert
outlet stabilization and protection devices.
Drive-In and Drive-Through Window Establishment-An establishment that dispenses
products or services to patrons who remain in vehicles.
266

Driveway — That portion of a vehicle accommodation area that consists of a travel lane
bounded on either side by an area that is not part of the vehicle accommodation area.
Duplex—A two (2)-family residential use in which the dwelling units share a common wall
(including without limitation the wall of an attached garage or porch) and in which each
dwelling unit has living space on the ground floor and a separate, ground floor entrance.
Dwelling - Any building, structure, manufactured home, or mobile home, or part thereof,
used and occupied for human habitation or intended to be so used, and includes any
outhouses and appurtenances belonging thereto or usually enjoyed therewith. For the
purposes of Article 12 of this 160D, the term does not include any manufactured home,
mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.
Dwelling Unit — An enclosure containing sleeping, kitchen, and bathroom facilities
designed for and used, or held ready for use, as a permanent residence by one (1)family.
Easement - A grant by the property owner of a strip of land for a specified purpose and
use by the public, a corporation, or persons.
Effective Date of This Article—The effective date of this article as originally adopted, or
the effective date of an amendment to it, if the amendment makes a structure, sign or use
nonconforming.
Effective Date of This Ordinance -Whenever this Ordinance refers to the "effective date
of this Ordinance", the reference shall be deemed to include the effective date of any
amendments to this Ordinance if the amendment, rather than this Ordinance as originally
adopted, creates a nonconforming situation.
Electronic Game Promotions — Any legal activity utilizing electronic devices, including
computers, to provide games or simulated games or gambling the use of which may
award to the player, or notify the player of, a prize of cash or cash equivalents. Electronic
Game Promotions include, but are not limited to arcade sweepstakes and internet or
phone card sweepstakes that offer prizes of cash or cash equivalents. Patrons and
employees must be at least 18 years old. (Amended 2/14/11)
Evidentiary hearing - A hearing to gather competent, material, and substantial evidence
in order to make findings for a quasi-judicial decision required by a development
regulation adopted under 160D.
Existing Development- 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 date
of this Ordinance, based on criteria established under Sections 1.16 (Vested Rights; Site
Specific Development Plan) and 1.17 (Vested Rights Upon Issuance of Building Permits).
267

Expenditure — A sum of money paid out in return for some benefit or to fulfill some
obligation. The term also includes binding, contractual commitments to make future
expenditures, as well as any other changes in position.
Extraterritorial Planning Area —That portion of the Town's planning jurisdiction that lies
outside of the Town's corporate boundaries.
Family—An individual or two (2) or more persons related by blood, marriage, or adoption
living together in a dwelling unit; or a group of not more than three (3) persons who are
not related by blood, marriage, or adoption living together in a dwelling unit. A family may
include five (5) or fewer foster children.
Family Care Home — A facility designed to provide room, board, and care for six (6) or
fewer handicapped persons in a family environment. Handicapped persons include those
with physical, emotional, or mental disabilities, but not those who have been deemed
dangerous to themselves or others.
Family Child Care Home — A child care arrangement located in a residence where, at
any one (1) time, more than two (2) children, but fewer than nine (9) children, receive
child care.
Fill Site —An area being used, or proposed to be used, as a disposal site for fill material
consisting of inert debris strictly limited to concrete, brick, concrete block, uncontaminated
soil, rock, and gravel and involving no excavation. The purpose of a fill site is to improve
land use potential or other beneficial reuses.
Firearm - A weapon, including pistols, rifles, and shotguns, capable of firing a projectile
using an explosive charge as a propellant.
Firing Line - A line parallel to a target from which firearms or arrows are discharged.
Flag Lot—An irregularly shaped lot where the buildable portion of the lot is connected to
its street frontage by an arm of the lot that is less than fifty percent (50%) of the
presumptive minimum required lot width as set forth in Section 10.2 (Minimum Lot
Widths), or if no minimum lot width is specified therein, is less than the lesser of fifty
percent (50%) of the width of the buildable portion of the lot, or fifty (50) feet.
Floodplain — Any land susceptible to being inundated by water from the base flood. As
used in this Ordinance, the term refers to that area designated as subject to flooding from
the base flood (one hundred (100) year flood) on the "Flood Boundary and Floodway
Map" prepared by the United States Department of Homeland Security, Federal
Emergency Management Agency, a copy of which is on file in the Town Clerk's Office.
Floodway—The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one (1)foot. As used in this Ordinance, the term refers
268

to that area designated as subject to flooding from the base flood (one hundred (100)
year flood) on the "Flood Boundary and Floodway Map" prepared by the United States
Department of Homeland Security, Federal Emergency Management Agency, a copy of
which is on file in the Town Clerk's Office.
Floor— The top surface of an enclosed area in a building (including basement), i.e., top
of slab in concrete slab construction or top of wood flooring in frame construction. The
term does not include the floor of a garage used solely for parking vehicles.
Fort Bragg Coordinating Official - The Executive Director of the Regional Land Use
Advisory Commission (RLUAC) who acts as a liaison with the Town of Vass for the
purpose of coordination under the provisions of this Ordinance. The Fort Bragg
Coordinating Official reviews and, as applicable, provides comments related to Potential
Incompatible Development in the Town of Vass and as otherwise required by this
Ordinance, the RLUAC Coordination Agreement, or state law.
Fraternity or Sorority House - A structure used as a dwelling by fraternity and sorority
members in association with a college or institution.
Frontage -The dimension of a property or portion of a property that is adjacent to a street.
Side yards of corner lots are excluded.
Funeral Home - A building used in the preparation of the dead for burial or cremation.
Also, a facility where funeral services are held, funeral vehicles are stored, and caskets
and other funeral supplies are sold.
Golf Course, Executive—A golf course comprised of nine (9) or eighteen (18) holes with
a combination of par 3's and par 4's, the sum of which equals pars 29 or 30 for a nine (9)
hole course or pars 58 to 60 for an eighteen (18) hole course.
Golf Course, Par-Three—A golf course comprised of nine (9) or eighteen (18) holes with
a combination of par 3's, the sum of which equals par 27 or par 54, respectively.
Golf Course, Regulation - A golf course comprised of nine (9) or eighteen (18) holes
with a combination of par 3's, par 4's, and par 5's, the sum of which equals pars 35 or 36
for a nine (9) hole course, or pars 70 to 73 for an eighteen (18) hole course.
Governing Board - The city council or board of county commissioners.
Gross Floor Area — The total area of a building measured by taking the outside
dimensions of the building at each floor level intended for occupancy or storage.
Group Care Home — An establishment qualified for a license by the State of North
Carolina for the provision of resident services to seven (7) or more individuals of whom
one (1) or more are unrelated, and who are handicapped, aged, disabled, or who are
runaway, disturbed, or emotionally deprived children who are undergoing rehabilitation or
269

extended care, and who are provided services to meet their needs. This definition
includes group homes for all ages, halfway houses, boarding homes for children, and
convalescent and nursing care homes, and nursing care institutions.
Guest Room -A room or suite used as living accommodations for one (1) or more paying
visitors.
Habitable Floor — Any floor useable for living purposes that includes working, sleeping,
eating, cooking, recreation, or any combination thereof. A floor used only for storage is
not a habitable floor.
Halfway House — A home for not more than nine (9) persons who have demonstrated a
tendency toward alcoholism, drug abuse, mental illness (as defined in NCGS 35A-1101
(Definitions), (12)), or antisocial or criminal conduct, together with not more than two (2)
persons providing supervision and other services to such persons, all of whom live
together as a single housekeeping unit.
Hazardous Material - Any substance listed as such in: SARA Section 302, Extremely
Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil
and hazardous substances).
Hazardous Substance — Any substance that may pose a danger to the public health or
safety if contained in the public water supply. This includes all substances defined as
hazardous chemicals by the community right to know reporting requirements under
Sections 311 and 312 of the Superfund Amendments and Reauthorization Act of 1986,
and by the North Carolina Hazardous Chemicals Right to Know Act(NCGS 95-173 (Short
Title) to 95-218 (Severability).
Home-Based Business, Level-1 - Any business, occupation, or activity undertaken for
gain within a residential structure that is incidental and secondary to the use of the
structure as a dwelling unit and does not use more than 25% of the total gross floor area
of the principal residential structure. The following uses are examples of permitted level-
1 home-based businesses:
1. Offices for such professionals as, but not limited to, architects, brokers, counselors,
clergy, dentists, doctors, draftspersons and cartographers, engineers, insurance
agents, lawyers, real estate agents, accountants, editors, publishers, journalists,
psychologists, contract management, graphic design, construction contractors,
landscape design, surveyors, cleaning services, salespersons and manufacturer's
representatives, and travel agents;
2. Personal services, including barbershops, beauty parlors, manicure and pedicure
shops, pet grooming, Family Child Care Homes, catering and chauffeuring
services;
3. Instructional services, including music, dance, art and craft classes, and tutoring;
270

4. Studios for artists, sculptors, musicians, photographers, and authors;
5. Workrooms for tailors, dressmakers, milliners, and craft persons, including
weaving, lapidary, and jewelry making;
6. Repair services, including watch and clocks, computers, electronic devices;
Examples of prohibited level-1 home-based businesses include:
1. Kennels, stables, veterinary clinics/hospitals;
2. Medical and dental clinics, hospitals;
3. Restaurants, clubs, drinking establishments;
4. Motor vehicle/small engine repair;
5. Lawn mower/small appliance repair;
6. Undertaking and funeral parlors;
7. Retail sales of goods not made on the premises;
8. Sexually Oriented Businesses;
9. Rooming, boarding, and tourist homes/bed and breakfast establishments.
Home-Based Business, Level-2 - Any business, occupation, or activity undertaken for
gain within a residential accessory structure that is incidental and secondary to the use
of the structure(s) as an accessory structure and does not use more than 25% of the total
gross floor area of the principal residential structure and not more than 10% of the lot
area for exterior business activities. The following uses are examples of permitted level-
2 home-based businesses:
1. Offices for such professionals as, but not limited to, architects, brokers, counselors,
clergy, dentists, doctors, draftspersons and cartographers, engineers, insurance
agents, lawyers, real estate agents, accountants, editors, publishers, journalists,
psychologists, contract management, graphic design, construction contractors,
landscape design, surveyors, cleaning services, salespersons and manufacturer's
representatives, and travel agents;
2. Personal services, including barbershops, beauty parlors, manicure and pedicure
shops, pet grooming, catering and chauffeuring services;
3. Instructional services, including music, dance, art and craft
classes, and tutoring;
271

4. Studios for artists, sculptors, musicians, photographers, and
authors;
5. Workrooms for tailors, dressmakers, milliners, and craft persons, including
weaving, lapidary, jewelry making, cabinetry and woodworking;
6. Repair services, including watch and clocks, small appliances, computers,
electronic devices, lawnmowers, small engines and machine shops;
Examples of prohibited level-2 home-based businesses include:
1. Kennels, stables, veterinary clinics/hospitals;
2. Medical and dental clinics, hospitals;
3. Restaurants, clubs, drinking establishments;
4. Motor vehicle repair;
5. Undertaking and funeral parlors;
6. Retail sales of goods not made on the premises;
7. Sexually Oriented Businesses;
8. Rooming, boarding, and tourist homes/bed and breakfast establishments.
Home Office - An accessory use in which work for compensation is undertaken,
including, but not limited to, receiving or initiating correspondence, such as phone calls,
mail, faxes, or e-mail; preparing or maintaining business records; word and data
processing; and telephone, mail order, and off-premises sales.
Horse Stable, Private - A stable on a lot not less than five (5) acres in area, where such
horses are owned by the owners or occupants of the premises, and are not kept for
remuneration, hire, or sale. Number of horses are limited to (1) one per useable acre of
pasture land.
Hospital - An institution providing human health services primarily for in-patient medical
and surgical care for the physically or mentally sick and injured and including related
support facilities such as laboratories, out-patient departments, staff offices, food
services, and gift shop.
Hotel, Motel - Building(s) containing sleeping accommodations for ten (10) or more
persons, primarily the temporary abode of persons who have their residences elsewhere.
272

Impervious Surface —A surface composed of any material that impedes or prevents the
natural infiltration of water into the soil. Also known as Built-upon Area.
Impervious Surface Ratio -A measure of the intensity of land use that is determined by
dividing the total area of all impervious surfaces on a site by the site area.
Industry, Minor— Uses that involve indoor processing or assembly of finished or partially
finished goods and do not require large stockpiles of raw material. Processing and
storage activities take place within enclosed buildings, which limit the creation of noise,
vibration, dust, glare, heat, odor, and smoke. Minor manufacturing examples include
production or repair of small electronic parts and equipment; sewing or assembly of
textiles into consumer products; computer and electronics assembly; furniture assembly;
and the assembly of pre- fabricated parts.
Industry, Major - Uses that tend to require large amounts of bulk or unrefined materials
which are typically processed and stored outdoors on the site. These uses require a
significant amount of energy for the processing of raw materials, and are likely to generate
significant noise, vibration, dust, glare, heat, odor, smoke, truck traffic, in the immediate
vicinity of the use. Examples include manufacturing and assembly of machinery;
manufacturing of petroleum or petroleum-related products; rubber and plastics
manufacturing; and adhesives, coatings, or paint manufacturing.
Intermittent Stream — A stream or portion of a stream that flows only in direct response
to precipitation. It receives little or no water from springs and only temporary supply from
melting snows or other sources. It is dry for a large part of the year.
Internally Illuminated Signs — Signs where the source of the illumination is inside the
sign and light emanates through the message of the sign, rather than being reflected off
the surface of the sign from an external source. Without limiting the generality of the
foregoing, signs that consist of or contain tubes that are filled with neon or some other
gas that glows when an electric current pass through it, and are intended to form or
constitute all or part of the message of the sign, rather than merely providing illumination
to other parts of the sign that contain the message, shall also be considered internally
illuminated signs.
Junked Motor Vehicle - A vehicle that:
1. does not display a current license plate and/or current inspection sticker; or
2. is partially dismantled; or
3. cannot be self-propelled or moved in the manner in which it was originally intended
to move.
273

Kennel — A commercial operation that provides food, shelter, and care of animals for
purposes not primarily related to medical care (a kennel may or may not be run by or
associated with a veterinarian), or engages in the breeding of animals for sale.
Lake or Watercourse —Any stream, river, brook, swamp, creek, run, branch, waterway,
reservoir, lake, or pond, natural or impounded, in which sediment may be moved or
carried in suspension and that could be damaged by accumulation of sediment and
pollutants.
Landfill - A facility for the disposal of solid waste on land in a sanitary manner in
accordance with Chapter 130A (Public Health), Article 9 (Solid Waste Management) of
the North Carolina General Statutes. For the purpose of this Ordinance, this term does
not include composting facilities.
Landfill, Construction and Demolition (C & D) —A disposal site for solid waste resulting
from construction, remodeling, repair, or demolition operations on pavement, buildings,
or other structures.
Landfill, Land Clearing and Inert Debris (LCID) — A disposal site for stumps, limbs,
leaves, concrete block, brick, rock, gravel, wood, and uncontaminated earth. Disposal of
any other types of waste must be approved by the State Division of Solid Waste
Management.
Landfill, Sanitary — See Landfill.
Landowner or owner - The holder of the title in fee simple. Absent evidence to the
contrary, a local government may rely on the county tax records to determine who is a
landowner. The landowner may authorize a person holding a valid option, lease, or
contract to purchase to act as his or her agent or representative for the purpose of making
applications for development approvals.
Legislative decision - The adoption, amendment, or repeal of a regulation under 160D
or an applicable local act. The term also includes the decision to approve, amend, or
rescind a development agreement consistent with the provisions of 160D
Legislative hearing - A hearing to solicit public comment on a proposed legislative
decision
Loading and Unloading Area — That portion of the vehicle accommodation area used
to satisfy the requirements of Section 15.10 (Loading and Unloading Areas).
Lot—A parcel of land having frontage on a public street or other officially approved means
of access, such as a recorded easement occupied or intended to be occupied by a
principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area,
yard, parking area, and other open space provisions of this ordinance.
274

Lot Types:
Corner Lot. A lot located at the intersection of two or more streets. A lot
abutting on a curved street or streets shall be considered a corner lot if
straight lines drawn from the foremost points of the side lot lines to the
foremost point of the lot meet at an interior angle of less than 135°.
Double Frontage Lot. A continuous (through) lot which is accessible from
both streets upon which it fronts.
Interior Lot. A lot other than a corner lot with only one frontage on more
than one street.
Through Lot or a "Double Frontage Lot". A lot other than a corner lot with
frontage on more than one street. Through lots abutting two streets may be
referred to as double frontage lots.
Reversed Frontage Lot. A lot on which the frontage is at right angles or
approximately right angles (interior angles less than 135°) to the general
pattern in the area. A reversed frontage lot may also be a corner lot, an
interior lot or a through lot.
Single-Tier Lot. A lot which backs upon a limited access highway, a rail
read, a physical barrier, or another type of land use and to which access
from the rear is usually prohibited.
Lot Area — The total area circumscribed by the boundaries of a lot, except that when the
legal instrument creating a lot shows the boundary of the lot extending into a public street
right-of-way, then the lot boundary for purposes of computing the lot area shall be the
street right-of-way line, or if the right-of-way line cannot be determined, a line running
parallel to and thirty (30) feet from the center of the traveled portion of the street.
Lot, Depth - The mean horizontal distance between front and rear lot lines.
Lot, Substandard - A parcel of land held in separate ownership having frontage on a
public street, occupied or intended to be occupied by a principal building or structure
together with accessory buildings, and uses, having insufficient size to meet the lot width,
lot area, yard, off-street parking areas, or other open space provisions of this Ordinance.
Lot, Width - The distance between side lot lines measured at the building lines.
Lot of Record - A lot that is part of a subdivision plat of which has been recorded in the
Office of the Register of Deeds of Moore County, or a lot described by metes and bounds,
the description of which has been so recorded.
275

Major Subdivision - Any subdivision of land not meeting the definition of Minor
Subdivision.
Major Variance - A variance that results in the complete waiver of a management
requirement, or relaxes, by a factor of more than ten percent (10%), any management
requirement that takes the form of a numerical standard.
Manufactured Home — A dwelling unit that:
1. is not constructed in accordance with the standards set forth in the North Carolina
State Building Code,
2. is composed of one (1) or more components, each of which was substantially
assembled in a manufacturing plant and designed to be transported to the home
site on its own chassis, and
3. exceeds forty (40) feet in length and eight (8) feet in width.
Manufactured Home, Class A — This type of manufactured home includes double-wide
and multi-sectional manufactured homes. Type A manufactured homes must meet or
exceed the construction standards promulgated by the United States Department of
Housing and Urban Development that were in effect at the time of construction and must
satisfy the following additional criteria: (Amended 2/14/11)
1. The manufactured home has a length not exceeding four (4) times its width, with
length measured along the longest axis and width measured at the narrowest part
of the other axis.
2. The manufactured home has a minimum of one thousand (1,000) square feet of
enclosed and heated living area,
3. The pitch of the manufactured home's roof has a minimum vertical rise of four (4)
feet for each twelve (12) feet of horizontal run and the roof is finished with a type
of shingle that is commonly used in standard residential construction,
4. All roof structures shall provide an eave projection of no less than six (6) inches,
which may include a gutter,
5. The exterior siding consists predominantly of vinyl or aluminum lap siding (whose
reflectivity does not exceed that of gloss white paint), wood, or hardboard, stucco,
or masonry, comparable in composition, appearance, and durability to the exterior
siding commonly used in standard residential construction,
6. The manufactured home is set up in accordance with the standards set by the
North Carolina Department of Insurance and a continuous, permanent masonry
276

foundation or masonry curtain wall, un-pierced except for required ventilation and
access, is installed under the perimeter of the manufactured home,
7. Stairs, porches, entrance platforms, ramps and other means of entrance and exit
to and from the home shall be installed or constructed in accordance with
standards set by the North Carolina Department of Insurance, attached firmly to
the primary structure and anchored securely to the ground, and
8. The moving hitch, wheels and axles, and transporting lights have been removed.
It is the intent of these criteria to ensure that a Class A manufactured home, when
installed, shall have substantially the appearance of an on-site, conventionally built,
single-family dwelling. These criteria are to be met prior to issuance of a Certificate of
Occupancy for the home by the Administrative Officer.
Manufactured Home, Class B — This type of manufactured home includes single-wide
manufactured homes. Type B manufactured homes meet or exceed the construction
standards promulgated by the United States Department of Housing and Urban
Development that were in effect at the time of construction and satisfy the following
additional criteria: (Amended 2/14/11)
1 . When located in a manufactured home park, the manufactured home is set up in
accordance with the standards set by the North Carolina Department of Insurance
and underpinned and skirted with vinyl or other approved skirting materials
recommended by the manufacturer, un-pierced except for required ventilation and
access,
2. When located on an individual lot, the manufactured home is set up in accordance
with the standards set by the North Carolina Department of Insurance and a
continuous, permanent masonry foundation or masonry curtain wall, un-pierced
except for required ventilation and access, is installed under the perimeter of the
manufactured home,
3. Stairs, porches, entrance platforms, ramps and other means of entrance and exit
to and from the home shall be installed or constructed in accordance with
standards set by the North Carolina Department of Insurance, attached firmly to
the primary structure and anchored securely to the ground, and
4. The moving hitch, wheels and axles, and transporting lights have been removed.
5. The manufactured home has a minimum of 980 square feet of enclosed and
heated living area. (Amended 2/12/11)
These criteria are to be met prior to issuance of a Certificate of Occupancy for the home by the
Administrative Officer.
277

Manufactured Home Park — A residential use in which more than one (1) manufactured
home is located on a single lot.
Manufactured Home Space - A parcel of land in a manufactured home park for the
placement of a single manufactured home for the exclusive use of its occupants.
Mini-Warehouse - A building divided into units that are leased individually for storage.
Storage shall be limited to dead storage. For the purposes of this Ordinance, dead
storage excludes on site retail, manufacturing, or service operations. Dead storage also
excludes operations with employees on site or operations with material handling on site.
A single caretaker's residence may be included.
Minor Subdivision - A division of a tract of land where:
a) no more than four lots (including the residual acreage) are created in
any three-year period, whether such lots are created at one time or
over an extended period of time;
b) all lots front on an existing public street;
c) public water and/or sanitary sewerage systems, other than laterals to
serve individual lots, are not to be extended; and
d) the installation of drainage improvements that would require
easements through one or more lots to serve other lots are not
necessary.
Minor Variance - A variance that does not qualify as a major variance.
Mobile Food Vendor — A mobile food vendor is defined as any entrepreneur who sells,
displays, solicits or accepts orders for fruits, vegetables (except pumpkins), or other
foodstuffs or from a vehicle, tent, temporary roadside stand or display or a lunch wagon
or eating cart.
Mobile Vendor—A vendor of any product other than fruits, vegetables, or other foodstuffs
who sells products from a vehicle, tent, temporary roadside stand or display. Mobile
vendors include persons selling pumpkins, Christmas trees and the sale of other seasonal
items.
Modular Home — A dwelling unit constructed in accordance with the standards set forth
in the North Carolina State Building Code and composed of components substantially
assembled in a manufacturing plant and transported to the building site for final assembly
on a permanent foundation. Among other possibilities, a modular home may consist of
two (2) or more sections transported to the site in a manner similar to a manufactured
home (except that the modular home meets the North Carolina State Building Code), or
a series of panels or room sections transported on a truck and erected or joined together
on the site. Modular homes bear a seal or label issued by the Department of Insurance
pursuant to NSGS 143-139.1 (Certification of Manufactured Buildings, Structures or
278

Components by Recognized Independent Testing Laboratory; Minimum Standards for
Modular Homes).
Motor Vehicle - All motorized vehicles as defined by the State of North Carolina
Department of Motor Vehicles, including, but not limited to, automobiles, trucks, tractor-
trailers, buses, all-terrain vehicles (ATV's), and motorcycles. This definition does not
include vehicles defined as heavy equipment.
Movie Theater, Drive-In - An outdoor facility where motion pictures are viewed from
passenger vehicles.
Movie Theater, Indoor - A building or structure that contains an assembly hall for the
showing of motion pictures.
Multi-Family Apartments — A multi-family residential use other than a multi-family
townhome.
Multi-Family Residence — A residential use consisting of a building containing three (3)
or more dwelling units. For purposes of this definition, a building includes all dwelling
units that are enclosed within that building or attached to it by a common floor or wall
(even the wall of an attached garage or porch).
Multi-Family Townhomes — A multi-family residential use in which each dwelling unit
shares a common wall (including without limitation the wall of an attached garage or
porch) with at least one (1) other dwelling unit and in which each dwelling unit has living
space on the ground floor and a separate, ground floor entrance.
Museum - Establishments of a non-commercial nature, receiving some governmental
funding that are used for the display of art, historic, or science objects for the purpose of
education and research.
Night Club - An establishment that stays open after 10:00 PM on weekends or on more
than an occasional basis that offers food and beverages or entertainment or amusements.
This definition includes, but is not limited to, establishments that serve beverages to
persons twenty-one (21) years of age and older, dance halls, discotheques, and similar
establishments. Excluded from this definition are restaurants that meet both the
requirements established by definition in this Ordinance and NCGS 18B-1000 (Definitions
Concerning Establishments), (6) (Restaurant), clubs used by non-profit organizations,
lodges used by non-profit organizations, theaters, and health and athletic facilities.
Nonconforming Lot - A lot existing at the effective date of this Ordinance (and not
created for the purposes of evading the restrictions of this Ordinance) that does not meet
the minimum area requirements of the district in which the lot is located.
279

Nonconforming Project - Any structure, development, or undertaking at the effective
date of this Ordinance that would be inconsistent with any regulation applicable to the
district in which it is located if completed as proposed or planned.
Nonconforming Situation - A situation that occurs when, on the effective date of this
Ordinance, an existing lot or structure, or use of an existing lot or structure, does not
conform to one (1) or more of the regulations applicable to the district in which the lot or
structure is located. Among other possibilities, a nonconforming situation may arise
because a lot does not meet minimum acreage requirements, because structures exceed
minimum height limitations, because the relationship between existing buildings and the
land (in such matters as density and setback requirements) is not in conformity with this
Ordinance, or because land or buildings are used for purposes made unlawful by this
Ordinance. Nonconforming signs shall not be regarded as nonconforming situations for
purposes of Article 14 (Signs) of this Ordinance, but shall be governed by the provisions
of Section 6.9 (Nonconforming Signs) of this Ordinance.
Nonconforming Use - A nonconforming situation that occurs when property is used for
a purpose or in a manner made unlawful by the use regulations applicable for the district
in which the property is located. (For example, a commercial office building in a
residential district may be a nonconforming use.) The term also refers to the activity that
constitutes the use made of the property. (For example, all the activity associated with
running a bakery in a residentially zoned area is a nonconforming use).
Nursing Care Home — A facility maintained for the purpose of providing skilled nursing
care and medical supervision at a lower level than that available in a hospital to not more
than nine (9) people.
Nursing Care Institution —An institutional facility maintained for the purpose of providing
skilled nursing care and medical supervision at a lower level than that available in a
hospital to more than nine (9) people.
Office - A room, group of rooms, or building whose primary use is the conduct of a
business, professional service, or governmental activity of a non-retail nature, including
administration, record keeping, clerical work, and similar functions. This definition does
not include manufacturing, processing, repair, or storage of materials or products.
Official Zoning Map - The duly adopted zoning map of the Town of Vass.
Official Maps or Plans - Any maps or plans officially adopted by the Vass Town Board.
Open Space - Areas of a development that allow for light, air, wildlife habitat, and for
scenic and recreational use. Also included are areas designed to enhance the privacy of
the general appearance of a development. Private open space is open space that is
owned by a corporation, individual, or homeowners association. Public open space is
open space owned by a governmental jurisdiction or other entity that declares that the
property is for the enjoyment of the general public.
280

Open Storage - Un-roofed storage areas, whether fenced or not.
Outparcel - Individual retail sites in a shopping center. The square footage of the
outparcels is less than the square footage of the attached retail spaces that form the
majority of the square footage of the shopping center.
Outside Display of Goods for Sale or Rent— Display outside of a fully enclosed building
of the particular goods or pieces of merchandise or equipment that are themselves for
sale. Outside display is to be distinguished from outside storage of goods that are not
prepared and displayed for immediate sale or rent.
Paired-parcel averaged-density development - A development proposal that includes
a parcel pair meeting the development standards of Article 13 and that qualifies for local
development approval under the density-averaging provision of 15A NCAC 2B .0104(u).
Parcel pair - Two noncontiguous parcels of land under the same or separate ownership,
or two contiguous parcels of land under separate ownership, the development plans for
which have been submitted in tandem so as to qualify for density averaged development
permission under Article 13.
Parking Area Aisles — That portion of the vehicle accommodation area consisting of
lanes providing access to parking spaces.
Parking Lot - An area of land where vehicles are kept on a daily, overnight, or temporary
basis, not to include the storage or junked, wrecked, or abandoned vehicles, vehicle parts,
or the repair of vehicles.
Parking Space — That portion of the vehicle accommodation area set aside for the
parking of one (1) vehicle.
Paved —A surface covered with asphalt or concrete, or other similar material. Gravel or
stone shall be considered an "unpaved surface". A gravel or stone surface shall be
considered an impervious surface when applied to water supply watershed areas.
Person —Any individual, trustee, executor, other fiduciary, corporation, firm, partnership,
association, organization, or other entity operating as a unit.
Personal Service Establishment - An establishment where the primary purpose is
providing for the care of physical components of a person or personal apparel.
Planning Jurisdiction — The area within the Town Limits, as well as the area beyond the
Town Limits, within which the Town is authorized to plan for and regulate development
pursuant to the authority granted in 160D of the North Carolina General Statutes.
Plat - A map or plan of a parcel of land which is to be, or has been subdivided.
281

Primary Residence with Accessory Apartment—A residential use having the external
appearance of a single-family residence but in which there is located a second dwelling
unit. An accessory apartment may also be located in a detached accessory building
located on the same lot as the primary residence.
Private Road - A road not intended for public use or public dedication and that serves a
limited number of lots, and therefore is typically not built to N.C. Department of
Transportation standards. It is maintained by private property owners, and intended for
use by those private property owners.
Property - All real property subject to land-use regulation by a local government. The
term includes any improvements or structures customarily regarded as a part of real
property.
Public Facility - A building or area owned or used by any department or branch of the
Town of Vass government, Moore County government, the State of North Carolina, or the
Federal Government.
Public Park or Playground - A park or playground available to the general public.
Public Utility - A business or service that provides the public with electricity, gas, water
and sewer service, telephone or cable television service.
Quasi-judicial decision - A decision involving the finding of facts regarding a specific
application of a development regulation and that requires the exercise of discretion when
applying the standards of the regulation. The term includes, but is not limited to, decisions
involving variances, special use permits, certificates of appropriateness, and appeals of
administrative determinations.
Quasi Public - Uses rendering public services yet under private control.
Recycling Center - A building or an area where the primary activity is the separation of
materials prior to shipment for manufacture into new materials. This shall not include
junkyards or wrecking yards.
Recycling Drop Off Site - A site providing containers for the collection of recyclable
materials, typically an accessory use. Recyclable materials are transported from the drop
off site to another location for processing.
Repair Shop - A structure or area where the principal activity is the repair of equipment,
and that is conducted in a totally enclosed building. Automobile repair shop or body shops
and automobile service stations are a separate definition.
282

Reservation - A reservation of land does not involve any transfer of property rights. It
simply constitutes an obligation to keep property free from development for a stated
period of time.
Residential Development - Buildings for residence such as attached and detached
single-family dwellings, apartment complexes, condominiums, townhouses, cottages,
etc., and their associated outbuildings such as garages, storage buildings, gazebos, etc.
Restaurant - An establishment where food and drink are served as a principal activity.
Included in this definition are cafeterias and lunch counters.
Retreat Center — A new or existing facility operated by a corporation or association of
persons or churches for social and recreational purposes. A retreat center may be owned
by a profit or non-profit corporation.
Riding Stable/Academy — A commercial facility or school that is open to the general
public where horses are sheltered, fed, groomed, and bred. Typical accessory uses may
include riding instruction, horse training, horse shows and auctions, a tack shop, and
storage of feed and supplies.
Right-of-Way—A strip of land occupied or intended to be occupied by a street, crosswalk,
railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm
sewer main, shade trees, or for other special use. Rights-of-way intended for streets,
crosswalks, water mains, sanitary sewers, storm drains, shade trees, or other use
involving maintenance by a public agency, shall be dedicated to public use by the maker
of the plat on which such right-of-way is established.
Rooming House — See Boarding House
Safety Fan - An area on a shooting range facility designed to contain all projectiles fired
from a shooting range.
Salvage Yard -A space or building for the storage of metal scrap, scrap materials, or the
dismantling of vehicles and machinery or where more than two (2) inoperable motor
vehicles are placed, not to include vehicle storage areas.
Satellite Dish —A dish-shaped antenna designed for the reception of electronic signals.
School, Private - An institution that offers regular instruction at the preschool, primary,
or secondary level, or serves disabled students, and that is not directly controlled and
supervised by the Board of Education or the State of North Carolina, or a State agency.
Among other things, this definition does not include child care centers, child day care
facilities, programs offering individual instruction, or courses offered in a non-institutional
setting in a specialized subject.
School, Public -An institution that offers regular instruction at the preschool, primary, or
283

secondary level, or serves disabled students, and that is directly controlled and
supervised by the Board of Education or the State of North Carolina, or a State agency.
Among other things, this definition does not include charter schools, child care centers,
child day care facilities, programs offering individual instruction, or courses offered in a
non-institutional setting in a specialized subject.
School, Technical, Trade, Vocational, or Business - An institution offering instruction
beyond high school level with a course of study in vocational, technical, or other special
subjects; or a facility offering instruction at any level in martial arts, art, drama, dance,
speech, music, or similar personal skills.
Setback Line - The line on the front, rear, and sides of a lot, set according to the district
regulations, that delineates the area upon which a structure may be built or maintained.
Sexually Oriented Business — An adult arcade, adult bookstore or adult video store,
adult cabaret, adult massage parlor, adult motel, adult motion picture theater, adult
theater, escort agency, nude model studio, sexual encounter studio, or any combination
of the foregoing. As used in this Ordinance, the following definitions shall apply:
Adult Arcade (also known as "Peep Show") — Any place to which the public is
permitted or invited, wherein coin-operated or token-operated or electronically,
electrically, or mechanically controlled still or motion picture machines, projectors,
or other image-producing devices are maintained to show images to persons in
booths or viewing rooms where the images so displayed depict or describe
specified sexual activities and/or specified anatomical areas.
Adult Bookstore or Adult Video Store — A commercial establishment that, as
one (1) of its principal business purposes, offers for sale or rental, for any form of
consideration, any one (1) of the following:
1. Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides, or
other visual representations that depict or describe specified sexual
activities and/or specified anatomical areas; or
2. Instruments, devices, or paraphernalia that are designed for use in
connection with specified sexual activities.
Adult Cabaret — A night club, bar, restaurant, or other commercial establishment
that regularly features, exhibits, or displays as one (1) of its principal business
purposes:
1. Persons who appear nude or semi-nude; or
2. Live performances that are characterized by the exposure of specified
anatomical areas and/or by specified sexual activities; or
284

3. Films, motion pictures, video cassettes, slides, or other photographic
reproductions that depict or describe specified sexual activities and or
specified anatomical areas.
Adult Massage Parlor — A commercial establishment where, for any form of
consideration, massage, alcohol rub, fomentation, electrical or magnetic
treatment, or similar treatment or manipulation of the human body is administered,
unless such treatment or manipulation is administered by a medical practitioner,
chiropractor, acupuncturist, physical therapist, or similar professional person
licensed by the State of North Carolina. This definition does not include an athletic
club, physical fitness center, school, gymnasium, reducing salon, or similar
establishment where massage or similar manipulation of the human body is offered
as an incidental or accessory service.
Adult Motel —A hotel, motel, or similar commercial establishment that:
1. Offers accommodations to the public, for any form of consideration, and
provides patrons with closed-circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic reproductions that
depict or describe specified sexual activities and/or specified anatomical
areas as one (1) of its principal business purposes; or
2. Offers a sleeping room for rent for a period of time that is less than ten (10)
hours; or
3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a
period of time that is less than ten (10) hours.
Adult Motion Picture Theater—A commercial establishment where, for any form
of consideration, films, motion pictures, video cassettes, slides, or similar
photographic reproductions are regularly shown as one (1)of its principal business
purposes that depict or describe specified activities and/or specified anatomical
areas.
Adult Theater — A theater, concert hall, auditorium, or similar commercial
establishment that regularly features, exhibits, or displays, as one (1) of its
principal business purposes, persons who appear in a state of nudity or semi-nude,
or live performances that expose or depict specified anatomical areas and/or
specified sexual activities.
Escort—A person who, for tips or any other form of consideration, agrees or offers
to act as a date for another person, or who agrees or offers to privately model
lingerie, or to privately perform a striptease for another person.
285

Escort Agency — A person or business that furnishes, offers to furnish, or
advertises to furnish escorts as one (1) of its principal business purposes, for a
fee, tip, or any other form of consideration.
Nude Model Studio—Any place where a person who appears nude or semi-nude,
or who displays specified anatomical areas, is provided to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by any other
persons who pay money or any other form of consideration. "Nude Model Studio"
shall not include a proprietary school licensed by the State of North Carolina or a
college, junior college, or university supported entirely or in part by public taxation;
a private college, junior college, or university that maintains and operates
educational programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or in a structure:
1 . That has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or semi-nude person is available for
viewing; and
2. Where in order to participate in a class a student must enroll at least three
(3) days in advance of the class; and
3. Where no more than one (1) nude or semi-nude model is on the premises
at any one (1) time.
Nude or a State of Nudity— The appearance of a human anus, male genitals, or
female genitals; or a state of dress that fails to opaquely cover a human anus, male
genitals, or female genitals.
Semi-Nude — A state of dress in which clothing covers no more than the genitals,
pubic region, or areola of the female breast, as well as portions of the body covered
by supporting straps or devices.
Sexual Encounter Center — A business or commercial enterprise that, as of one
(1) of its principal business purposes, offers for any form of consideration, physical
contact in the form of wrestling or tumbling between persons of the opposite sex,
or activities between male and female persons and/or persons of the same sex
when one (1) or more of the persons is in a state of nudity or semi-nude.
Specified Anatomical Areas — Less than completely and opaquely covered
human genitals, pubic region, buttock, or female breast below a point immediately
above the top of the areola; or human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
Specified Sexual Activities — Includes any of the following:
1 . Human genitals in a state of sexual stimulation, arousal, or tumescence; or
286

2. The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts; or
3. Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, or sodomy; or
4. Masturbation, actual or simulated; or
5. Masochism, erotic or sexually-oriented torture, beating or the infliction of
pain; or
6. Erotic or lewd touching, fondling, or other contact with an animal by a human
being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation.
Special Use Permit - A permit issued to authorize development or land uses in a
particular zoning district upon presentation of competent, material, and substantial
evidence establishing compliance with one or more general standards requiring that
judgment and discretion be exercised as well as compliance with specific standards. The
term includes permits previously referred to as conditional use permits or special
exceptions
Shooting Range - An area designed and improved to encompass shooting stations or
firing lines, target areas, berms and baffles, and other related components.
Shooting Range Facility - A public or private facility, including individual shooting
ranges, safety fans or shotfall zones, structures, parking areas, and other associated
improvements, designed for the purpose of providing a place for the discharge of various
types of firearms or the practice of archery. This definition does not include incidental
target practice areas on private property, turkey shoots, government facilities, or
occasional "sighting-in" of firearms.
Shooting Station - A fixed point from which firearms or arrows are discharged.
Shopping Center — A group of three or more commercial establishments planned,
developed, and managed as a unit with a unified design of buildings and with coordinated
parking and service areas.
Shotfall Zone - An area within which the shot or pellets contained in a shotgun shell
typically fall.
Sign —Any device that is sufficiently visible to persons, not located on the lot, where such
device is located to attract the attention of such persons or to communicate information
to them.
287

Sign, Freestanding —A sign that is not directly attached to, erected on, or supported by
a building or other structure having a principal function other than the support of such
sign, but is instead attached to, erected on, or supported by some structure (such as a
pole, mast, frame, or other structure)that is not itself an integral part of a building or other
structure having a principal function other than the support of a sign. A sign that stands
without supporting elements, such as a "sandwich sign", is also a freestanding sign. If
the message is removed from a structure originally designed and used as a freestanding
sign, this structure shall still be considered a sign.
Sign, Nonconforming - A sign that, on the effective date of this Ordinance, does not
conform to one (1)or more of the regulations set forth in this Ordinance, particularly Article
14 (Signs).
Sign, Off-Premise —A sign that draws attention to or communicates information about a
business, service, commodity, accommodation, attraction, or other enterprise or activity
that exists or is conducted, sold, offered, maintained, or provided at a location other than
the premises on which the sign is located.
Sign, On-Premise —A sign that draws attention to or communicates information about a
business, service, commodity, accommodation, attraction, or other enterprise or activity
that exists or is conducted, sold, offered, maintained, or provided on the premises where
the sign is located.
Sign Permit—A permit issued by the Administrative Officer that authorizes the recipient
to erect, move, enlarge, or alter a sign.
Sign, Temporary — A sign that is used in connection with a circumstance, situation, or
event that is designed, intended or expected to take place or to be completed within a
reasonably short or definite period after the erection of such sign, or is intended to remain
on the location where it is erected or placed for a period of not more than fifteen (15)days,
unless stated for a different period of time in Article 14. If a sign display area is permanent
but the message displayed is subject to periodic change, that sign shall be regarded as
temporary.
Single-Family Detached (Site Built and Modular) — A residential use consisting of a
single detached building containing one (1) dwelling unit and located on a lot containing
no other dwelling units.
Site Specific Development Plan - A plan of land development submitted to the Town
Board of Commissioners for purposes of obtaining approval of a subdivision plat, or a
Special Use Permit. In addition to the procedure established for Special Use Permits in
the Town of Vass Zoning Ordinance, the Plan shall describe the type of use, and intensity
of use, planned for the specific parcel or parcels of property.
288

Solar Farm — Solar farms are ground-mounted solar installations that occupy vast areas
of open land.
Special Events— Circuses, fairs, carnivals, festivals, or other types of special events that
run for longer than one (1) day but no longer than two (2) weeks, are intended to or likely
to attract crowds, and are unlike the customary or usual activities generally associated
with the property where the special event is to be located.
Specimen or Rare Tree — Any healthy living tree that has a trunk diameter at breast
height of eighteen (18) inches or more, or one (1) of the following tree species that has a
trunk diameter at breast height of twelve (12) inches or more: Karpinus (Hornbeam), Ilex
spp. (Holly), Magnolia spp., Ostrya (Hophornbeam), and Tsuga spp. (Hemlock). Rare
Trees are healthy, living trees that have a trunk diameter at breast height of thirty-six (36)
inches or more, or one (1) of the following tree species with a trunk diameter at breast
height of eighteen (18) inches or more: Karpinus (Hornbeam), Ilex spp. (Holly), Magnolia
spp., Ostrya (Hophornbeam), Tsuga spp. (Hemlock), or is listed as a State or National
Champion by the North Carolina Forest Service or the American Forestry Association, or
provides unique habitat for any endangered or threatened wildlife species protected by
Federal law, or represents an uncommon species, such as Long Leaf Pine, or Live Oak.
State Mandate - The minimum rules adopted by the Environmental Management
Commission (EMC) for application to North Carolina's water supply watersheds, as
required by the Water Supply Watershed Protection Act. The purpose of the Act, as
stated in its opening paragraph is "...to protect and enhance the quality of the State's
surface water supplies by establishing a cooperative program of water supply protection
to be administered by local governments consistent with Statewide management
requirements established by the Environmental Management Commission (EMC)."
Stream —A body of water flowing in a natural surface channel. Flow may be continuous
or only during wet periods.
Street—A public street or a street which offers access to abutting properties. A dedicated
and accepted public right-of-way for vehicular traffic.
Street, Alley-A strip of land, owned publicly or privately, set aside primarily for vehicular
service access to the back or side of properties otherwise abutting on a street.
Street, Arterial — A major street in the Town's street system that serves as an avenue
for the circulation of traffic onto, out, or around the Town and carries high volumes of
traffic.
Arterial - A street connecting widely separated areas and designed to carry a large
volume of traffic that may be fast, heavy, or both. Arterial streets are sometimes referred
to as "major thoroughfares", "freeways", "expressways", etc., and are usually numbered
State or Federal Highways.
289

Street, Collector — A street whose principal function is to carry traffic between minor,
local, and sub-collector streets and arterial streets but that may also provide direct access
to abutting properties. It serves or is designed to serve, directly or indirectly, more than
one hundred (100) dwelling units and is designed to be used or is used to carry more than
eight hundred (800)trips per day. Collector streets may also be referred to as "connector"
or "feeder" streets.
Street, Cul-de-sac—A street that terminates in a permanently terminated and a vehicular
turn-around provided.
Street, Local — A street whose sole function is to provide access to abutting properties.
It serves, or is designed to serve, at least ten (10) but not more than twenty-five (25)
dwelling units, and is expected to, or does, handle between seventy-five (75) and two
hundred (200) trips per day.
Street, Marginal Access — A street that is parallel to and adjacent to an arterial street
and that is designed to provide access to abutting properties so that these properties are
somewhat sheltered from the effects of through traffic on the arterial street, and so that
the flow of traffic on the arterial street is not impeded by direct access from a large number
of abutting properties. Marginal access streets may also be referred to as "service roads."
Street, Minor — A street whose sole function is to provide access to abutting properties.
It serves, or is designed to serve, not more than nine (9) dwelling units and is expected
to, or does, handle up to seventy-five (75) trips per day. These streets are normally one
block long or extended on a block-by-block basis and have no collector characteristics.
Street, Sub-Collector—A street whose principal function is to provide access to abutting
properties but is also designed to be used, or is used, to connect minor and local streets
with collector or arterial streets. Including residences indirectly served through
connecting streets, it serves, or is designed to serve, at least twenty-six (26) but not more
than one hundred (100) dwelling units, and is expected to, or does, handle between two
hundred (200) and eight hundred (800) trips per day.
Structure —Anything constructed or erected.
Subdivision - For the purposes of this ordinance, "subdivision" means all divisions of a
tract or parcel of land into two or more lots, building sites, or other divisions when any one
or more of those divisions is created for the purpose of sale or building development,
(whether immediate or future) and shall include all divisions of land involving the
dedication of a new street or a change in existing streets; but the following shall not be
included within this definition nor be subject to any regulations enacted pursuant to this
ordinance.
a) The combination or recombination of portions of previously subdivided and
recorded lots where the total number of lots is not increased and the resultant
290

lots are equal to or exceed the standards of the Town as shown in this
ordinance;
b) The division of land into parcels greater than 10 acres where no street right-of-
way dedication is involved;
c) The public acquisition by purchase of strips of land for the widening or opening
of streets or for public transportation system corridors;
d) The division of a tract in single ownership whose entire area is no greater than
two acres into not more than three lots, where no street right-of-way dedication
is involved and where the resultant lots are equal to or exceed the standards
of the Town as shown in this ordinance.
e) A gift lot which is defined as a parent making a one-time gift to his/her child of
a parcel of land divided from the parent's property with legal access of at least
30 feet width to a public right-of-way and which otherwise meets the zoning lot
requirements for the district the lot is located in.
Subdivider - Any person, firm, or corporation who subdivides or develops any land
deemed to be a subdivision as herein defined.
Swimming Pool - An above-ground or in-ground water containment area designed for
recreational use involving wading, swimming, and/or diving and including all structures,
walks or patio areas of cement, stone, or wood at or above grade, built for, and used in
conjunction with the swimming pool.
Telecommunications Tower—A structure whose principal function is to support one (1)
or more antenna.
Tourist Home - A dwelling in which sleeping accommodations are provided or offered to
transient visitors for compensation.
Townhouses - A group of four (4) or more attached dwellings that each have separate
entrances to the outside and are entirely separated from each other by walls that meet
North Carolina Building standards.
Toxic Substance - Any substance or combination of substances (including disease
causing agents) that, after discharge and upon exposure, ingestion, inhalation, or
assimilation into any organism, either directly from the environment or indirectly by
ingestion through food chains, has the potential to cause death, disease, behavioral
malfunctions (including malfunctions or suppression in reproduction or growth), or
physical deformities in such organisms or their offspring or other adverse health effects.
Tract—A lot. The term is used interchangeably with the term lot, particularly in the context
of subdivisions, where one (1) "tract" is subdivided into several "lots".
291

Trailer - A portable enclosure designed to be towed by a vehicle and used for carrying
objects, animals, or for temporary occupancy by traveling or vacationing individuals.
Trailers are not to be defined as manufactured housing for zoning purposes.
Travel Trailer—A structure that is:
1. intended to be transported over the streets and highways (either as a motor vehicle
or attached to or hauled by a motor vehicle), and
2. is designed for temporary use as sleeping quarters, but that does not satisfy one
(1) or more of the definitional criteria of a manufactured home.
Tree Diameter—The width of a tree's trunk, measured four and one-half(4 ' )feet above
the ground.
Two-Family Conversion —A two (2)-family residence resulting from the conversion of a
single building containing at least two thousand (2,000) square feet of gross floor area
that was in existence on the effective date of this provision and that was originally
designed, constructed and occupied as a single-family residence.
Two-Family Residence — A residential use consisting of a building containing two (2)
dwelling units. If two (2) dwelling units share a common wall, even the wall of an attached
garage or porch, the dwelling units shall be considered to be located in one (1) building
(See Duplex).
Undeveloped parcel (watershed)-Whichever parcel in a parcel pair is not the developed
parcel.
Use — The activity or function that actually takes place on a lot.
Use, Accessory— See Section 9.2 (Accessory Uses).
Use, Principal — A use listed in the Table of Permitted Uses. The main use of land or
buildings as opposed to an accessory use.
Variance —A grant of permission by the Zoning Board of Adjustment that authorizes the
recipient to do that which, according to the strict letter of this Ordinance, he/she could not
otherwise legally do.
Vehicle Accommodation Area—That portion of a lot that is used by vehicles for access,
circulation, parking, loading, and unloading. It comprises the total circulation areas,
loading and unloading areas, and parking areas (spaces and aisles).
Vehicle Storage Area — That portion of a vehicle accommodation area used in
connection with automobile service stations and automobile repair shops and body shops
292

as a place to park vehicles temporarily while they are waiting to be worked on or pending
the pick-up of such vehicles by their owners.
Vested Right- The right to undertake and complete the development and use of property
under the terms and conditions established by the local government.
Warehousing - The storage of goods and materials for a specific commercial
establishment or a group of establishments in a particular type of industry or commercial
activity.
Water Dependent Structure — A publicly owned structure, the use of which reasonably
requires access or proximity to or sitting within surface waters in order to fulfill its basic
function. Water dependent structures are boat ramps, boathouses, a lake warden's
office, docks, and bulkheads. Ancillary facilities such as restaurants, retail or wholesale
outlets for boat supplies, parking lots, and commercial boat storage areas are not water
dependent structures.
Water Supply Watershed or Protected Watershed - Land that drains to existing
reservoirs that are public water supplies or potential reservoir sites or stream intakes that
have been designated for protection. All such lands have been classified by the
Environmental Management Commission (EMC) as WS-II, WS-III, or WS-IV watersheds
and require protection in accordance with the State Mandate.
Wholesale Sales — On-premises sales of goods primarily to customers engaged in the
business of reselling the goods.
Wholesaling or Wholesale Trade - Business involved in the sale of goods, products, or
merchandise stored on the premises to persons who are intermediaries between the
producer and the consumer.
Wind Energy Facility- A structure of any height that converts wind energy into electricity
or other energy through the use of one or more turbines or other structures utilizing
propeller blades.
Yard - A required open space on the same lot as the principal building, unoccupied and
unobstructed (other than for vegetation) from the ground upward except as otherwise
provided herein.
Yard, Front -A yard extending across the front of a lot measured from side lot line to side
lot line, and lying between the abutting street right-of-way and the front building setback
line.
Yard, Rear - A yard extending across the rear of the lot measured from side lot line to
side lot line, and lying between the rear property line and the rear building setback line.
Yard, Side - A yard extending along either side of a lot measured from front yard line to
rear line, and lying between the side lot line and the side setback line.
293

Zoning Compliance Permit — A permit issued by the Administrative Officer that
authorizes the recipient to make use of property in accordance with the requirements of
this Ordinance.
Zoning map amendment or rezoning - An amendment to a zoning regulation for the
purpose of changing the zoning district that is applied to a specified property or properties.
The term also includes (i) the initial application of zoning when land is added to the
territorial jurisdiction of a local government that has previously adopted zoning regulations
and (ii) the application of an overlay zoning district or a conditional zoning district. The
term does not include (i) the initial adoption of a zoning map by a local government, (ii)
the repeal of a zoning map and readoption of a new zoning map for the entire planning
and development regulation jurisdiction, or (iii) updating the zoning map to incorporate
amendments to the names of zoning districts made by zoning text amendments where
there are no changes in the boundaries of the zoning district or land uses permitted in the
district.
294

APPENDICES
295

APPENDIX A - MINIMUM CONSTRUCTION STANDARDS FOR PRIVATE
ROADS IN THE TOWN OF VASS
1-A Number of Lots or Dwelling Units Served
A. A private road shall serve no more than 15 lots (including the residual acreage) or
dwelling units. Roads proposed to serve more than 15 lots or dwelling units (including
existing private roads that are having additional lots or dwelling units over 15 added
with access to the existing private road proposed), shall be built to public N.C.
Department of Transportation road standards, including dedication as such.
B. Private roads serving a subdivision resulting in no more than three lots (including the
residual acreage) or dwelling units are not required to be constructed to Town
standards or to be inspected before recordation of the final plat; however, the right-
of-way width requirement shall apply. The Town of Vass recommends that these
roads be constructed to the standards for a Class C private road in order to provide
adequate access, especially for emergency vehicles that require the clearances and
turn areas as shown in the private road specifications.
C. Private roads serving a subdivision resulting in up to four lots (including the residual
acreage) or dwelling units shall be constructed to Class C private road standards.
D. Private roads serving a subdivision resulting in five to eight lots (including the residual
acreage) or dwelling units shall be constructed to Class B private road standards.
E. Private roads serving a subdivision resulting in nine to 15 lots (including the residual
acreage) or dwelling units shall be constructed to Class A private road standards.
2-A Right-of Way and Travelway Widths
A. The right-of way width for any private road shall be 50 feet and indicated on all plans
and plats where a private road is proposed for use. Bends in the right-of-way shall
be at angles that will permit the construction of curves with a 125-foot minimum curve
radius as required by Section 5-A.
B. Travelway widths for Class C private roads shall be eight feet. Class B private roads
shall have a 12-foot wide travelway. Class A private roads shall have a 16-foot wide
travelway.
296

Table 1-A: General Standards and Specifications for Private Roads
I , Class of Private Road
I I AIBI C
Total Number of Lots1/Dwelling Units Served by 9-12 5-8 4 1-3
Road
I Right-of-Way Width 50 Ft. 50 Ft. 50 Ft. 50 Ft.
Travelway Width 16 Ft. 12 Ft. 8 Ft. No
Standard
Professional Surveyor Certification of Road in Yes Yes Yes Yes2
Platted Right-of-Way Required
Professional Engineer Certification of Road Yes Yes Yes No
Construction Required
1 Total number of lots served shall include the residual acreage of the tract being subdivided,
where such residual acreage will be accessed by the private road.
2 Required if road is to be constructed at time of final plat approval.
3-A Two-Way Traffic
A. Private roads shall provide for two-way traffic in order to prevent conflict of vehicles
meeting head-on. Two-way traffic for Class C and Class B private roads can be
accomplished by widening the travelway at prescribed locations to at least 16 feet to
allow vehicles to pass or to pull over and stop while another vehicle passes.
B. Medians may be permitted between travel lanes when it is demonstrated that such
design is desirable for the preservation of natural resources, or that excessive cut
and fill would be required to construct a roadway to the standard width. Medians may
be permitted only in accordance with the following:
1. Each lane shall contain a minimum of 14 feet of vertical and horizontal
clearance.
2. Each lane shall contain a minimum travelway width of eight feet or one-half of
the required width for the applicable road class, whichever is greater.
3. No lots shall access directly onto any divided portion of the road unless there
is adequate cross-access provided through the median, or some other
acceptable means of access and turnaround for emergency vehicles.
4. Both lanes shall be contained within a single right-of-way.
5. A standard travelway of required width for the road class shall be constructed
where the private road intersects with another private or public road.
6. Signs indicating "One Way" shall be provided where the lanes diverge.
4-A Turnarounds
297

Vehicle turnaround areas shall be provided at the end of all dead-end roads. This can be
accomplished by ending the road in a "T" turnaround or "L" turnaround. Where a cul-de-sac
is used, a minimum turnaround travelway diameter of 60 feet shall be provided, located
within a right-of-way with a diameter of 80 feet. A "T" turnaround shall conform to the
dimensions in Figure 1-A. An "L" turnaround shall conform to the dimensions in Figure 2-A.
The"T"and "L"turnaround designs are preferred. The location of the turnaround will depend
on the arrangement of the lots in the subdivision. If the private road serves only one lot, the
turnaround should be located near the building site. In a subdivision with several lots, the
turnaround shall be at the end of the road and the necessary right-of-way provided.
Figure 1-A: "T" Turnaround Dimensions)
50'
t ►
18'
50'
70' /NW
Right-
of-Way
18'
♦
20'
1 Example shown is a Class B Private
Figure 2-A: "L" Turnaround Dimensions)
50' A
t
40' 298

5-A Minimum and Maximum Curve Radius
A. New curves shall be constructed with a minimum centerline radius of 125 feet, but no
greater than 150 feet. The right-of-way shall be designed with bends that will provide
sufficient width to construct the road to this minimum radius. For example, a 90°
bend in a 50-foot wide right-of-way will not provide enough area to construct a road
travelway of 16 feet in width. The right-of-way shall include sufficient width for the
travelway and the necessary shoulders, ditches, and slopes.
B. A curve radius of less than 125 feet may be approved if all of the following conditions
are met:
1. The road existed prior to the adoption of subdivision regulations or was
approved as part of an earlier subdivision;
2. Reconstruction of the existing road to meet a 125-foot curve radius is not
feasible due to the extent of earthwork that would be required and/or the
inability to reconfigure the existing right-of-way location due to ownership or
the location of existing structures, wells, or septic systems;
3. Standards pertaining to road width and grade will be met;
4. Documentation is received from the applicant's engineer that the proposed
curve radius would provide for adequate vehicular access and circulation; and
5. Documentation is received from the applicable Town and/or County
Emergency Services Department stating that the proposed curve radius would
provide access for the largest emergency vehicle that would use the road.
299

C. Figure 3-A illustrates how a curve with a 125-foot centerline radius cannot be
contained in a 90° bend of a 50-foot-wide right-of-way. Figure 4-A illustrates
alternative bends that will contain a curve of the minimum centerline radius.
Figure 3-A: Example of Unacceptable Curve Radius
50'R/W
1L_
125'
4-
50'R/W i
Figure 4-A: Examples of Acceptable Curve Radii
300

t•
50'R/W
7 Y
'00'
/ 5'
/ 7
50' R/W
150' <
)i
C
I
50'R/W
5' /
/ /
/ ...„,...„„7./.
50'R/W ____-----".
v
6-A Vertical Clearance
301

A minimum of 14 feet of vertical clearance shall be provided above the travelway to permit
the passage of large vehicles under power lines and tree limbs.
7-A Construction Standards
7.1-A North Carolina Department of Transportation Driveway Permit
The property owner proposing to construct a private road is responsible for obtaining the
required permit for access to the State maintained road. The permit may be obtained from
the N.C. Department of Transportation District Engineer's Office in Aberdeen, North
Carolina.
7.2-A Intersections with Public Roads
A. The intersection of the private road with the existing public road shall permit a safe
entrance and exit. Adequate sight distances along the public road shall be provided
by choosing a good location for the right-of-way and clearing sight triangles when
building the road.
B. The intersection of a private road with a public road shall provide an adequate place
for cars to stop before entering the public road. Figure 5-A gives an example of this
principle.
Figure 5-A: Unacceptable/Acceptable Intersections
Unacceptable
Intersection Private Road
Public Road
00111111
Private Road
Acceptable Intersection
Public Road Private Road
Private Road
302

C. The private road must flare at the intersection with the public road in order to permit
a vehicle to enter the private road when another vehicle is waiting on the private road.
The dimensions of the required flare are shown in Figures 7-A, 8-A, and 9-A.
7.3-A Travelway Design
A. Travelways shall be surfaced and compacted with a material acceptable to the Town
of Vass to the required width of the particular class of road. A crown shall be built
into the travelway so that water will drain from the road surface into the side ditches
on both sides of the road. Figures 7-A, 8-A, and 9-A indicate this requirement. The
crown shall not be so great as to cause vehicles to slide off the travelway when ice
or snow is on the road.
B. In some situations, it may be desirable not to crown the road but to have the travelway
sloped to a single ditch as shown in Figure 6-A. This is applicable in four situations:
1. where it is necessary to cut down on the length of a ditch in order to reduce
the erosion potential by decreasing the volume of runoff; or
2. where it is difficult to construct ditches due to rock or other ground conditions;
or
3. to provide for super-elevation; or
4. in curves.
Such a single slope shall always drain toward the inside of a curve. The crown slope
of the road and shoulder should be approximately one-half to one inch per foot.
Figure 6-A: Travelway Pitch for Private Roads with Single Drainage Ditch
Pitch of Travelway
7.4-A Travelway Surface Materials
A. Aggregate Base Course (commonly called "crusher run") shall be used as travelway
surface materials. Soil type base materials will be acceptable under the following
conditions:
303

1. The material originates from a quarry approved by the North Carolina Department
of Transportation, and
2. The grade of the road is less than 6%.
B. All private roads where grades are in excess of 6% shall be constructed with paved,
all-weather surfaces consisting of four inches of base material (crusher run) and one
and one-half inches of 1-2 asphalt, or tar and gravel surface treatment consisting of
a minimum of six inches of base material (crusher run)covered with alternating layers
of tar and pea-size gravel, asphalt, or concrete. Road edges shall be suitably
protected to prevent raveling and shifting of the base.
7.5-A Grade
A. The grade of the road shall not exceed 12% because of the difficulty of operating
vehicles on such a steep road and the high potential for erosion of the travelway and
side ditches. Where possible, the road shall be constructed along the contour of the
land to avoid steep grades.
B. In exceptional circumstances a variance from this requirement may be granted for a
private road with a grade greater than 12% by the Town Board, as recommended by
the Planning Board. Circumstances where a variance will be considered are:
1. the N.C. Department of Environment and Natural Resources (NCDENR)
indicates in writing that erosion control measures can be implemented to
minimize the erosion potential of the road during and after construction; and
2. there is no other reasonable access or location for the road; and/or
3. relocating the road would create other, more serious problems with drainage,
stabilization, or environmental impact; and/or
4. the length of the segment with a grade greater then 12% is no longer than 100
feet.
7.6-A Fill Material
Where filling is necessary to raise the roadbed, cross watercourses or fill stump holes, it
shall be done with suitable material that is free of roots or other organic matter. The fill shall
be firmly compacted to reduce settlement that will cause ruts or holes in the finished road.
7.7-A Drainage
A. Ditches shall be constructed to provide drainage from the road and adjacent areas.
The ditches shall be built with sufficient depth and width to carry the expected volume
of water. The side slopes shall be graded so that they can be stabilized and to
prevent vehicles from becoming stuck if they slide into the ditch.
304

B. Where the road crosses streams or minor watercourses, culverts shall be installed to
prevent ponding and washouts of the road for the five year design storm. On streams
where it is not economical to install a large culvert of the required size, the Subdivision
Administrator may allow the installation of a smaller culvert if engineering equivalent
provisions are made to protect the road surface and fill slopes from erosion when
runoff tops the road. The applicant's engineer shall certify that a smaller culvert will
meet the requirements of this provision.
7.8-A Permanent Vegetation
A. All areas disturbed by the construction of the road, including the shoulders, ditch,
banks, cut-and-fill slopes, and any borrow areas, shall be seeded in permanent
vegetation to stabilize the soil and prevent erosion. Seeding shall be done
immediately after grading is completed and before the final inspection by the
Subdivision Administrator.
B. The disturbed area shall be smoothed and lightly harrowed to break up the soil and
prepare a good seedbed. The materials listed in Table 2-A are recommended per
1,000 square feet of disturbed area. Other types of permanent vegetation may be
substituted as long as they provide adequate cover to prevent erosion.
Table 2-A: Seed and Mulch Required Per 1,000 Square Feet of Disturbed Area
Recommended Materials Amount in Pounds
(lbs.)
Fescue Grass Seed 1.4
German or Brown-top Millet (To Provide Temporary 0.4
Cover Until the Grass Becomes Established)
Lime 90
10-10-10 Fertilizer 23
Bales of Straw for Mulch (Use Enough to Cover 75% of (2) 40
the Ground)
305

Figure 7-A: Class A Private Road Construction Standards Cross Section
50' Right-of-Way
y
Shoulder Shoulder Ditch
4' 16'Travelway 3' 4'
I 2'/2:1 Max.Slope
21/2:1 Max.Slope
4"Compacted Surface 1'
25'
25' I Y
Flare At Intersection with Public Road
306

Figure 8-A: Class B Private Road Construction Standards Cross Section
50'Right-of-Way
( Shoulder Shoulder Ditch
4' 3' 4'
12'Travelway
21/2:1 Max.Slope
21h:1 Max.Slope
4"Compacted 1' t
Surface
25'
25'
Flare At Intersection with Public Road
307

Figure 9-A: Class C Private Road Construction Standards Cross Section
50'Right-of-Way
Shoulder >Shoulder Ditch
4' 3' 4'
8'Travelway
21/2:1 Max.Slope
21/2:1 Max.Slope
4"Compacted 1' t
Surface
25'
/ 25'
C
Y
Flare At Intersection with Public Road
308

7.9-A Certification of Construction
A. Before a final plat of subdivision where any lot or dwelling unit will be served by a
private road can be recorded, the private road must be built and approved. A security
instrument posted with the Town may be allowed in subdivisions served by a private
road.
B. For any private road, the location of the travelway shall be certified to be within the
platted private road right-of-way by a North Carolina licensed professional land
surveyor. Private road construction where four or more lots are being created shall
be inspected, and the construction certified in writing to the Subdivision Administrator,
by the property owner's engineer. The following shall be inspected and certified by
the property owner's engineer:
1. The proper material has been used in the travelway and it is built to the
required width and thickness;
2. The shoulders are the correct width and the typical cross section is in place;
3. The road is on the proper grade;
4. Ditches are in place where necessary to provide adequate drainage, in
accordance with sound engineering practice;
5. Needed storm pipes of proper size, materials, and construction are in place
and energy dissipaters installed, in accordance with sound engineering
practices;
6. All disturbed areas are properly stabilized;
7. An adequate turnaround is in place at the end of the road;
8. Required vertical and horizontal clearance is provided; and
9. Sight distance and construction at the intersection with a public road has been
approved by N.C. Department of Transportation.
The road shall be inspected during construction so that any changes or necessary
improvements necessary to ensure approval can be made before the stone is placed
and the shoulders and ditches are seeded and mulched.
C. The Subdivision Administrator shall inspect the road prior to release of the final plat for
recordation to ensure that the street sign is in place and to make an overall visual inspection
of the road.
8-A Private Road Maintenance
309

A. Maintenance of the private road shall be provided by the lot owners that are served
by the private road or an established homeowners association. A Road Maintenance
Agreement and Declaration between the lot owners is required to insure that the cost
is shared equally and a mechanism for maintenance is set up where a homeowners
association is not created. The responsibility for maintenance is the property
owners,' and neither the State nor the Town will maintain the road.
B. Regular attention shall be given to the following items in order to assure that the road
will remain in good condition:
1. Vegetation
The vegetation should be mowed, limed, and fertilized as needed. Areas that
erode or where seeding is unsuccessful should be reseeded.
2. Drainage
Culverts shall be kept clear of trash and other obstructions that could
prevent or reduce the culvert's function. If culverts are not kept clear, it will
cause runoff to flow over the road and may cause flooding upstream. Ditch
banks and bottoms shall be protected from erosion by maintaining good
vegetation.
3. Travelway
The travelway shall be maintained by grading the surface material to fill
any potholes that develop and to evenly spread the surface material where the
soil has been uncovered because of erosion.
4. Road Name and Sign
The sign shall be kept visible and legible so that visitors and emergency
personnel can easily locate the road and shall be as approved by the
Subdivision Administrator.
8.1-A Road Maintenance Agreement Requirements
A. The property owner shall have an instrument recorded contemporaneously with the
final plat substantially in the form of the Town's standard Road Maintenance
Agreement entitled "Declaration of Restrictions and Provisions for Private Road
Maintenance," guaranteeing the following:
1. right of access to any private road in the subdivision by all lots served by the
road and by law enforcement and emergency vehicles;
2. right of access for the proposed private road to a State or municipally
maintained road by way of direct access or other private roads;
310

3. perpetual maintenance of any private road serving the subdivision at the
standards set for approval; and
4. provide record notice of the probability that future development dependent on
the private road for access will require upgrading of the road to a higher private
road standard or public dedication and upgrading of the road to N.C.
Department of Transportation standards. The Road Maintenance Agreement
shall include a provision that if the road is dedicated for public use at a later
date, then the lot boundaries will be revised to extend only to the edge of the
right-of-way.
B. The instrument shall also note acceptance by the owner(s) of all liability related to the
use of the road, and agreement to hold both the Town, County, and State harmless
from such liability, and acknowledge that some public services may not be provided
due to the private nature of the road. The guarantees of right of access and
maintenance of the subdivision roads shall run with the land and shall be disclosed
to any prospective purchaser of land in the subdivision as provided by G.S. 136-
102.6.
311

Appendix B - SAMPLE ROAD MAINTENANCE AGREEMENT FORM
The Moore County Register of Deeds requires that the 1st Page have a 3 inch top margin and % inch
margins on sides and bottom of the page. Subsequent pages must all have % inch margins, i.e. top,
bottom, and sides.
NORTH CAROLINA DECLARATION OF RESTRICTIONS AND
PROVISIONS FOR PRIVATE ROAD
MOORE COUNTY MAINTENANCE
TOWN OF VASS
312

THIS DECLARATION, made this day of , 20 , by
, hereinafter called Declarants, having a mailing
address of
WITNESSETH:
WHEREAS, Declarants own in fee simple the real property described in Article 1 below;
and
WHEREAS, the said property will have access to (SR
# ) via the private roads shown on the plat hereinafter referred to, said
private roads being known as (hereinafter
referred to as private road); and
WHEREAS, Declarants by this Declaration of Restrictions, wish to bind themselves,
their successors and assigns to provide all owners of any portion of said property owned by
Declarants described below perpetual ingress, egress and regress to State or Town roads; and
WHEREAS, Declarants by this Declaration of Restrictions, wish to bind themselves,
their successors and assigns to provide for maintenance of said private road until such time as
the said Private road is accepted by the State of North Carolina or the Town of Vass for
maintenance;
NOW, THEREFORE, Declarants agree for themselves and with any and all persons,
firms or corporations hereafter acquiring any of the property described in Article 1 below, that
the same shall be subject to the following restrictions, conditions, and covenants relating to the
use and occupancy, which restrictions, conditions, and covenants shall run with the said
property and insure to the benefit of and be binding upon the heirs, successors and assigns of
Declarants and other acquiring parties and persons.
Article 1. The real property which is, and shall be, held, transferred, sold and conveyed
subject to the protective and restrictive covenants set forth in the various Articles of this
declaration is located within the Town of Vass planning jurisdiction,
Township, Moore County, North Carolina, and is more particularly described as follows: (insert
deed description or plat reference)
Article 2. Declarants hereby grant unto themselves and the future record owners of
the aforesaid property adjoining and abutting the private road as shown on the aforesaid
recorded plat(s) and as said private road may be extended into the aforesaid property,
perpetual ingress, egress and regress over, on and under the said private road including the
use of the road for the purposes of installation and maintenance of uti1 ities.
TO HAVE AND TO HOLD the above-described easement as an appurtenance to all of
the property, which easement shall run with said lands forever.
Article 3. The road shall be maintained to Class (A, B, or C) private road
standards as prescribed by the Town of Vass now and as the same may be revised from time
313

to time.
For so long as Declarants shall be willing and able to serve, they shall be responsible
for:
1 . Determining what maintenance is necessary in order to maintain
2. Contracting repairs and notifying the owners of Lot of their respective
assessments at least annually; and
3. Estimating the costs of maintenance in advance and depositing the funds received
in a separate account, the records of which shall be available for inspection by any owner subject
to assessment.
If at any time Declarants are unable or unwilling to provide for the maintenance of said
road, the owners of the subdivided lots as shown on the recorded plats herein before referred
to shall be responsible for maintenance as herein provided. Any owner of a subdivided lot
within said property served by said road or the owner of any interest therein, shall have the
right to enforce the maintenance standard by sending by registered or certified mail, return
receipt requested, written notice of all proposed maintenance and of the time and place of a
meeting of the said record owners (said meeting to take place no less than 10 days following
the mailing of such notice) to all such record owners at their last known addresses as shown
on the Moore County Tax Records.
At such owners' meeting all maintenance shall be approved by a majority of the votes
cast (each owner having one vote for each subdivided lot owner and 3 for each dwelling unit
on a lot).
Every owner of any of the aforesaid property using said road shall bear on a pro-rata
basis the cost of maintaining said private road, this being each owner's pro-rata share for
grading costs, gravel, or rock hauled in to fill ruts, holes, and washed-out sections and
necessary replacement of or additional drainage culverts.
Each owner's pro-rata share of the maintenance costs of said private road shall be the
total cost of maintenance multiplied by said owner's votes and divided by the total of all the
owners' votes within the property. Each owner's pro-rata share of the maintenance cost of
said private road shall be due and owing to whichever other owner initiated the maintenance
enforcement within 10 days of the said owners' meeting. If not paid by that time, said initiating
owner may file suit for the same on behalf of all of the owners.
Notwithstanding the vote at the owners' meeting, nothing in this Declaration of
Restrictions shall be construed as denying any owner the right to see that the said road is
maintained to Class (A, B, or C) private road standards, and any owner may require that
the maintenance requirements be submitted to binding arbitration under the rules and
regulations of the American Arbitration Association (as governed by the Uniform Arbitration Act
314

of North Carolina, North Carolina General Statutes Section 1 .567.1 et seq., as it may be from
time to time amended) by notice mailed to all said record owners at their last known addresses
by registered or certified mail, return receipt requested, by 5:00 p.m. on the second working day
following the owners' meeting, unless such arbitration notice is sent, the vote of the majority of
the owners shall be conclusive as to what maintenance is mandated by this Declaration of
Restrictions.
Article 4. The lots served by the private road(s) located within said property may be
restricted or prohibited from further subdivision by the Town of Vass Subdivision Regulations.
The Town of Vass Subdivision Administrator shall be consulted prior to the proposed division of
any lot served by the private road(s) located within said property.
Article 5. The private road located within said property may be dedicated to the public
at the election of a majority vote of the owners under the same procedure used in Article 3 for
the maintenance of said road. In that event, the owners and their successors in title and interest
to any of the property described herein will remain responsible for road maintenance until the
road is taken over for maintenance by the North Carolina Department of Transportation, the
Town of Vass, or other governmental body.
It is probable that future development of the property described in Article 1 will require
upgrading of the private road providing access to the property described in Article 1 to either a
higher private road standard or to North Carolina Department of Transportation standards. In
the event that the Town of Vass or any other governmental body, as a condition to the approval
of any further subdivision of the property described in Article 1, may require said private road to
be upgraded above a Class (A, B, or C) private road standard or publicly dedicated and
constructed to Department of Transportation standards, then in that event, Declarants and all
persons taking title to the property described in Article 1 shall be responsible for maintenance
and the costs of maintenance of the entire road system to the new standard on the point system
described in Article 3. Provided, however, that the initial cost of construction the road or any
portion of the road to a higher private road standard or to Department of Transportation
standards shall be borne solely by the owners of the portion of said property, the subdivision of
which requires that the road or any portion of it be upgraded. The cost of construction of the
road or any portion of it to a higher private road standard or to Department of Transportation
Standards shall be shared by the owners responsible for the upgrading according to the system
described in Article 3. In the event public dedication of the said private road or any extension of
the private road or portions thereof is required by the Town of Vass, all persons taking title to
the aforesaid property from and through Declarants shall dedicate to the public that portion of
the road required to be dedicated.
Article 6. In the event that extensions are made to the said private road within the
aforesaid property, or to other property, or for utility access to other property, the costs of
maintaining the entire road system shall be borne by all the record owners of any property served
by the entire road system as set forth in Article 3; provided, however, that the initial costs of
constructing any extension of the road shall be borne solely by the owners of the portion of said
property abutting said road extension as they may agree, or if they do not agree, then among
them by the same point system as set out above.
315

Article 7. This agreement shall remain in full force and effect as to said road or any
portion thereof until such time as said road or any portion thereof shall be taken over by the
North Carolina Department of Transportation or the Town of Vass for maintenance purposes,
and any portion of said road not so taken over by the North Carolina Department of
Transportation or the Town of Vass shall remain subject to this Agreement. Declarants accept
all liability related to the use and maintenance of said road and agree to hold the Town of Vass,
Moore County and the State of North Carolina harmless from such liability. Declarants
acknowledge that some public services may not be provided to the lots abutting the said private
road due to the private nature of said road.
Article 8. This agreement is to govern the maintenance of said road when subject to
ordinary use. If any owner liable under this agreement shall cause any extraordinary wear and
tear on said road by building, or other heavy use, said owner shall be responsible to pay such
extraordinary costs of maintenance as is caused by said use. If the responsibility for such
extraordinary costs of maintenance is not agreed between the owners at an owners' meeting
called under the provisions of Article 3 above, the responsibility for said cost shall be subject to
binding arbitration as set out in Article 3 above.
Article 9. This agreement shall run with and be appurtenant to the land and shall be
binding upon the heirs, successors, and assigns of each record owner of the aforesaid property.
When used in this agreement, the singular shall include the plural, the masculine shall include
the feminine and the neuter, and vice versa, as the meaning may require.
IN WITNESS WHEREOF, Declarants have caused this instrument to be signed and
sealed on the day and year first written above.
(SEAL)
316

STATE OF NORTH CAROLINA
COUNTY
I, , a Notary Public of said State and
County, do hereby certify that personally appeared before me
this day and acknowledged the due execution of the foregoing Declaration of Restrictions and
Provisions for Private Road Maintenance.
Witness my hand and notarial seal, this day of ,
20 .
Notary Public
My Commission Expires:
STATE OF NORTH
CAROLINA COUNTY OF
MOORE
I, , a Notary Public of said State and County, do
hereby certify that personally appeared before me
this day and acknowledged the due execution of the foregoing Declaration of Restrictions and
Provisions for Private Road Maintenance.
Witness my hand and notarial seal this the day of ,
20 .
Notary Public
My Commission Expires:
317