WSMU_THOM_WSWP Ordinance_20210303

This document is an excerpt from the City of Thomasville's Code of Ordinances. These sections are from
Appendix A — Zoning. Areas pertaining to the City's Water Supply Watershed Ordinance are highlighted
in yellow. The full ordinance is available at
https://library.municode.com/nc/thomasviIle/codes/code of ordinances?nodeld=PTIICOOR APXAZO
Section 3. - Authority.
The provisions of this ordinance are adopted under authority granted by the General Assembly to
North Carolina municipalities (NC General Statues, Chapter 160A, Article 19). The provisions of this
ordinance relating to the Watershed Overlay District are also adopted pursuant to NC General Statues
143-214.5.
(Ord. of 1-24-94(1), pt. 1)
Section 1. - Zoning districts.
The City of Thomasville, North Carolina, and its area of extraterritorial jurisdiction are hereby divided
into districts:
R-20 Restricted Low Density Residential
CU - R-20 Restricted Low Density Residential
R-15 Restricted Low Density Residential
CU - R-15 I Restricted Low Density Residential
R-10 I Low Density Residential
CU - R-10 I Low Density Residential
R-10M I Low Density Residential and Mobile Home Parks
CU - R-10M I Low Density Residential and Mobile Home Parks
R-8 Medium Density Residential
CU - R-8 Medium Density Residential
R-6 High Density Residential
CU - R-6 High Density Residential

Office and Institutional
Office and Institutional
Neighborhood Commercial
Neighborhood Commercial
Highway Commercial
Highway Commercial
General Commercial
General Commercial
Central Commercial
Central Commercial
Light Industrial
Light Industrial
Heavy Industrial
Heavy Industrial
In addition to the use districts established above there is also created a Watershed Overlay District
consisting of the Lake Reese Watershed Balance of Watershed Overlay District (LRWS-BW). Any use
district shown above may also be zoned Lake Reese watershed balance of watershed overlay district. In
such case, the land is subject to not only the requirements of the underlying use district but also the
additional requirements of the overlay district. In all such cases, the most restrictive requirements shall
prevail.
In addition to the use districts established above, there is also created a Historic Preservation
Overlay District (HP). Land in any of the above use districts shown above may also be zoned historic
preservation overlay district. In such case, the land is subject to not only the requirements of the
underlying use district but also the additional requirements of the historic preservation overlay district. In
all such cases, the most restrictive requirements shall prevail.
In addition to the use districts established above, there is also created an Adult Oriented Business
Overlay District (AOB). Land in the C-2 highway commercial district and the C-3 general commercial

district shown above may also be zoned adult oriented business overlay district. In such case, the land is
subject to not only the requirements of the underlying C-2 or C-3 district but also the additional
requirements of the AOB overlay district. In all such cases, the most restrictive requirements shall prevail.
(Ord. of 6-21-93(2), § 1; Ord. of 4-18-94(2), pt. 1; Ord. of 3-20-00(1), pt. 1)
Section 3. - Rules governing boundaries.
When uncertainty exists with respect to the boundaries of districts as shown on the official zoning
map, the following rules shall apply:
3.1 District boundary lines are intended to be along or parallel to property lines or lot lines of a
platted addition and to the center lines of streets, alleys, railroads, easements, other rights -of -way,
and creeks, streams, or other water channels. The watershed overlay district boundaries may also
follow topographic contours and drainage divides.
3.2 In the absence of specified distances on the map, dimensions or distances shall be determined
by the zoning enforcement officer by the scale of the official zoning map.
3.3 The board of adjustment shall interpret the intent of the map as to the location of district
boundaries upon appeal from decision of the zoning enforcement officer.
(Ord. of 6-21-93(2), pt. 2)
Section 1. - Description of districts.
R-20 Restricted low density residential.
This district is similar in purpose to the R-15 district, however, requires greater overall lot area and lot
width.
CU-R-20 Restricted low density residential.
This district is identical to the R-20 district except that a conditional use permit is required as a
prerequisite to any use or development, as provided for in this ordinance.
R-15 Restricted low density residential.
This district is defined as a low density residential area of single family dwellings located on large lots
with greater setbacks to facilitate open space and maintain the rural character of the neighborhood. This
district is designed to apply especially to areas where corporate limit extension has encompassed rural
and suburban areas in an effort to preserve the integrity and high quality of life in such communities.
CU-R-15 Restricted low density residential.
This district is identical to the R-15 district except that a conditional use permit is required as a
prerequisite to any use or development, as provided for in this ordinance.
R-10 low density residential.
This district is defined as low density residential areas of mostly single-family dwellings plus open
areas where similar residential development will likely occur. The uses permitted in this district are
designed to stabilize and protect the essential characteristics of the area and to prohibit all activities of a
commercial nature except certain home occupations controlled by specific limitations.
CU - R-10 low density residential.

This district is identical to the R-10 low density residential district except that a conditional use permit
is required as a prerequisite to any use or development, as provided for in this ordinance.
R-10M low density residential and mobile home parks.
This district is defined as low density residential areas of mostly single-family dwellings, open areas
where similar residential development will likely occur and mobile home parks. The uses permitted in this
district are designed to stabilize and protect the essential characteristics of the area and to prohibit all
activities of a commercial nature except certain home occupations controlled by specific limitations.
CU - R-10M low density residential and mobile home parks
This district is identical to the R-10M low density residential and mobile home parks district except
that a conditional use permit is required as a prerequisite to any use or development, as provided for in
this ordinance.
R-8 medium density residential.
This district is defined as medium density residential areas of mostly single-family dwellings and
certain open areas where similar residential development will likely occur. The uses permitted in this
district are designed to stabilize and protect the essential characteristics of the area and prohibit all
activities of a commercial nature except certain home occupations controlled by specific limitations.
CU - R-8 medium density residential.
This district is identical to the R-8 medium density residential district except that a conditional use
permit is required as a prerequisite to any use or development, as provided for in this ordinance.
R-6 high density residential.
This district is defined as medium to high density residential areas where single-family and
multifamily dwellings are commingled and certain open areas where similar residential development will
likely occur. The uses permitted in this district are designed to stabilize and protect the essential
characteristics of the area and prohibit all activities of a commercial nature except certain home
occupations controlled by specific limitations.
CU - R-6 high density residential.
This district is identical to the R-6 high density residential district except that a conditional use permit
is required as a prerequisite to any use or development, as provided for in this ordinance.
04 office and institutional district.
This district is defined as certain land areas with structures that provide office space for professional
services and for certain institutional functions; and residential accommodations, usually medium or high
density. The district is normally small, and may include older homes undergoing conversion. The district is
usually situated between business and residential districts, and the regulations are designed to permit
development of the enumerated functions and still protect and be compatible with nearby residential
districts.
CU - 04 office and institutional district.
This district is identical to the 0-1 office and institutional district except that a conditional use permit is
required as a prerequisite to any use or development, as provided for in this ordinance.
C-1 neighborhood commercial district.
This district is defined as a compact neighborhood shopping district which provides convenience
goods, such as groceries and drugs, and some types of personal services, to the surrounding residential
area. The regulations are designed to protect the surrounding residential districts and provide an
appropriate community appearance.

CU - C-1 neighborhood commercial district.
This district is identical to the C-1 neighborhood commercial district except that a conditional use
permit is required as a prerequisite to any use or development, as provided for in this ordinance.
C-2 highway commercial district.
This district is defined as certain areas that are primarily designed for citizens using the major
highways that run through or around the city. The district is customarily located along the major arterial
highways. This district may also provide retailing and personal services for the benefit of residents in
nearby areas and nonresidents. Included also are certain functions, such as warehousing, that are
compatible with the primary uses.
CU - C-2 highway commercial district.
This district is identical to the C-2 highway commercial district except that a conditional use permit is
required as a prerequisite to any use or development, as provided for in this ordinance.
C-3 general commercial district.
This district is defined as certain commercial areas which provide a wide selection of convenience
and comparison shopping outlets, furniture showrooms, and for personal services, in an orderly
arrangement of retail facilities, parking and other amenities. This district is customarily located at the
intersection of one or more highways or major arterial thoroughfares.
CU - C-3 general commercial district.
This district is identical to the C-3 general commercial district except that a conditional use permit is
required as a prerequisite to any use or development, as provided for in this ordinance.
C-4 central commercial district.
This district is defined as certain land and structures that provide personal services, retailing and
business services of all kinds for local and regional commerce. The area is located in the heart of the city
where major streets and highways converge.
The regulations are designed to permit a concentrated development of permitted facilities and to
protect the district itself from overintensive development and congestion.
CU - C-4 central commercial district.
This district is identical to the C-4 central commercial district except that a conditional use permit is
required as a prerequisite to any use or development, as provided for in this ordinance.
M-1 light industrial district.
This district is defined as certain areas more suited for industrial use than residential use, but
situated where residential development, or prospective development, is in close proximity on one or more
sides of the district. The uses which are permitted in this district are those characterized by low traffic
density, low land coverage, and absence of objectionable external effects. Large setbacks are required in
this district and landscaping in keeping with residential areas encouraged.
CU - M-1 light industrial district.
This district is identical to the M-1 light industrial district except that a conditional use permit is
required as a prerequisite to any use or development, as provided for in this ordinance.
M-2 heavy industrial district.
This district is defined as certain lands so situated as to be suitable for industrial development,
usually along railroad sidings or major thoroughfares, but where certain operations could adversely affect
nearby properties. The purpose of this district is to permit the normal operations of almost all industries

excepting those that would be detrimental to adjoining properties. Excluded from this district are those
industries which are noxious by their emission of smoke, dust, fumes, glare, noise and vibrations and
those industries which deal primarily in hazardous products such as explosives. Selected business uses
are also appropriate in this district.
CU - M-2 heavy industrial district.
This district is identical to the M-2 heavy industrial district except that a conditional use permit is
required as a prerequisite to any use or development, as provided for in this ordinance.
Historic preservation overlay district (HP)
The purpose of the historic preservation overlay district (HP) is to provide regulations to help
maintain the historical integrity of certain areas within the city jurisdiction.
Lake Reese watershed balance of watershed overlay district (LRWS-BM .
The purpose of the Lake Reese watershed balance of watershed overlay district (LRWS-BW) is to
provide for protection of the Lake Reese water supply consistent with the WS-III balance of watershed
management rules as adopted by the North Carolina Environmental Management Commission.
Adult oriented business overlay district (AOB)
The purpose of the adult oriented business overlay district (AOB) is to provide areas in which adult
entertainment or sexually oriented business may be established. Adult establish ments, because of their
very nature, are recognized as having serious objectionable operational characteristics upon adjacent
neighborhoods and residential or institutional uses. It has been demonstrated that the establishment of
adult businesses often creates problems for law enforcement agencies, by the very nature of these
businesses and the difficulty often experienced in trying to determine if the operations are of a legal
nature. Special regulation of these establishments is necessary to insure that these adverse affects will
not contribute to a de facto downgrading or blighting of surrounding neighborhoods and uses. It is the
intent of this overlay district to restrict the concentration of these uses and to separate these uses from
residential and institutional uses or areas.
Conditional use districts.
It will be noted that a conditional use district (bearing the designation CU) corresponds to each of the
other districts authorized in this ordinance. It is recognized that certain types of zoning districts would be
inappropriate at particular locations in the absence of special conditions.
Where the applicant for rezoning desires property to be rezoned to such a district in such situations,
the conditional use district is a means by which such special conditions can be imposed in the furtherance
of the purpose of this ordinance. The conditional use district classification will be considered only upon
request of an applicant property owner for rezoning. If for any reason any condition imposed pursuant to
these regulations is found to be illegal or invalid or if the applicant should fail to accept any condition, it is
the intent of this ordinance that the authorization of such conditional use permit shall be null and void and
of no effect and that proceedings be instituted to rezone the property to its previous zoning classification.
Within a conditional use district (sometimes referred as CUD), only those uses authorized in article
V, section 2 as permitted in the zoning district with which the CUD corresponds shall be permitted, and all
other requirements of the corresponding district shall be met as minimum standards. In addition, within a
CUD no use shall be permitted except pursuant to a conditional use permit authorized by the city council,
which shall specify the use or uses authorized. Such permit may further specify the location on the
property of the proposed use or uses, the number of dwelling units, the location and extent of supporting
facilities such as parking lots, driveways and access streets, the location and extent of buffer areas and
other special purpose areas, the timing of development, the location and extent of rights -of -way and other
areas to be dedicated for public use, and other such matters as the applicant may propose as conditions
upon the request, but not to include architectural review or controls or other conditions not generally a
part of land development controls. In granting a conditional use permit the city council may impose such
additional reasonable and appropriate safeguards upon such permit as it may deem necessary in order

that the purpose and intent of this ordinance are served, public welfare secured and substantial justice
done.
(Ord. of 6-21-93(2), pt. 3; Ord. of 4-18-94(2), pt. 2; Ord. of 11-18-96, § I; Ord. of 3-20-00(1), pt.
2)
Section 6. - Watershed overlay district regulations.
Within the Lake Reese watershed balance of watershed (LRWS-BW) overlay districts the following
regulations shall apply:
6.1 General development standards.
(a) The construction of new roads and bridges and nonresidential development should minimize
built -upon area, divert storm water away from surface water supply waters as much as possible,
and employ best management practices (BMPs) to minimize water quality impacts. The North
Carolina Department of Transportation BMPs as outlined in their document entitled "Best
Management Practices for the Protection of Surface Waters" shall be used in all road and bridge
construction projects in the watershed overlay districts.
(b) All development activities within watershed overlay districts, in addition to those activities
specifically regulated by these provisions, are subject to the standards, usage conditions and
other regulations contained in the Rules and Requirements of the Surface Water Supply
Protection Rules adopted by the North Carolina Environmental Management Commission.
(c) A minimum 30-foot vegetative buffer for development activities is required along all perennial
waters, including streams, rivers and impoundments, indicated on the most recent versions of
USGS 1:24,000 scale topographic maps, provided, that nothing in this subsection shall prevent
artificial streambank or shoreline stabilization. No new development is allowed in the buffer,
except that water dependent structures, and public works projects such as road crossings and
greenways may be allowed where no practicable alternative exists. These activities shall minimize
built -upon surface area, direct runoff away from the surface water, and maximize the utilization of
BMPs.
(d) Existing development, as defined in this ordinance, is not subject to the requirements of the
overlay provisions. Expansions to structures classified as existing development must meet the
requirements of these provisions, provided however, the built -upon area of the existing
development is not required to be included in the density calculations. In determining expansions
to existing development, the maximum permitted additional built -upon area is derived by
multiplying the area of the portion of the property that is not built -upon by the appropriate percent
built -upon limitation for the overlay district in which the property is located.
(e) A pre-existing lot created prior to the effective date of this ordinance, regardless of whether or
not a vested right has been established, may be developed or redeveloped for single family
residential purposes without being subject to the restrictions of these overlay provisions.
(f) Any existing building or built -upon area not in conformance with the limitations of these provisions
that has been damaged or removed for any reason may be repaired and/or reconstructed,
provided:
(1) Repair or reconstruction is initiated within 12 months and completed within two years of
such damage or removal.
(2) The total amount of space devoted to built -upon area may not be increased.
(3) The repair or reconstruction is otherwise permitted under the provisions of this ordinance.
(g) No activity, situation, structure or land use shall be permitted or allowed to operate within a
watershed which poses a threat to water quality and the public health, safety and welfare. Such
conditions may arise from inadequate on -site sewage systems which utilize ground absorption;

inadequate sedimentation and erosion control measures; the improper storage or disposal of junk,
trash or other refuse within a buffer area; the absence or improper implementation of a spill
containment plan for toxic and hazardous materials; the improper management of stormwater
runoff; or any other situation found to pose a threat to water quality.
(h) No new discharging landfills are allowed.
(i) Nonresidential development shall maintain an inventory of all toxic and hazardous materials and
shall implement a spill/failure containment plan approved by the Davidson County director of
emergency management or his designated agent.
Q) The zoning enforcement officer may require such information on zoning permit and development
plan applications, including density/built-upon area calculations, as he may deem necessary to
determine compliance with watershed overlay district provisions.
(k) The zoning enforcement officer may, prior to the issuance of any permit in a watershed overlay
district, require evidence of a valid sedimentation control permit issued by the State of North
Carolina or evidence satisfactory to the officer that no permit is required.
(1) The zoning enforcement officer shall maintain records of the administration of the watershed
overlay district regulations and shall submit any modifications of the regulations to the North
Carolina Division of Environmental Management, Division of Environmental Health and Division
of Community Assistance. The zoning enforcement officer shall also maintain a record of
variances issued and shall submit an annual report of each project receiving a variance and the
reason for the variance to the North Carolina Division of Environmental Management.
6.2 Density/built-upon limitations.
(a) Residential development shall not exceed two dwelling units per acre or, optional, 24 percent
built -upon area, on a project by project basis.
(b) Nonresidential development shall not exceed 24 percent built -upon area, on a project by project
basis.
(c) Notwithstanding the limitation of subsection 6.2(b) above, ten percent of the LRWS-BW area
may be developed with new nonresidential development projects of up to 70 percent built -upon
area as special nonresidential intensity allocations (SNIAs). SNIAs shall be allocated and
developed in accordance with the following rules:
(1) SNIAs shall be allocated by the zoning enforcement officer through the zoning
permit/development plan process. The zoning enforcement officer shall maintain a record of
the total acreage in the LRWS-BW area eligible for SNIAs, the acreage that has been
allocated and the acreage that has been used as of the latest date. In no case shall allocated
acreage exceed the acreage eligible for allocation.
(2) SNIAs shall be allocated on a "first come, first served" basis upon the approval and issuance
of the appropriate permit.
(3) The right to develop a SNIA shall terminate with the loss of the right to develop due to the
expiration of a zoning permit, zoning permit with vested rights, or building permit. In such a
case, the allocated acreage, or unused allocated acreage, shall be returned to the
unallocated total acreage eligible for allocation.
(4) In no case shall the built -upon area of SNIA exceed the built -upon limitations of the primary
zoning district in which the SNIA is located as stated in article III, section 2 and article VI,
section 5, Note 10.
(Ord. of 6-21-93(2), pt. 4; Ord. of 8-16-04(6), § 1)
Section 2. - Nonconforming lots.

(1) When a nonconforming lot can be used in conformity with all of the regulations (other than the area
or width requirements) applicable to the district in which the lot is located, such a use may be made
as of right. Otherwise, the nonconforming lot may be used only in accordance with authorization by
the planning board, upon request of the property owner. The board shall authorize such use if it finds
that: (a) the proposed use is one permitted by the regulations applicable to the district in which the
property is located, and (b) the property can be developed as proposed without any significant negative
impact on the surrounding property or the public health, safety, or welfare. In issuing the permit
authorized by this paragraph, the board may allow deviations from applicable dimensional
requirements (such as setback lines and yard size minimums) if it finds that no reasonable use of the
property can be made without such deviations.
(2) Whenever this ordinance creates a nonconforming lot and the owner of the nonconforming lot also
owns land adjacent to it, and a portion of this other land can be combined with the nonconforming lot
to create a conforming lot (without thereby creating other nonconformities), the owner of the
nonconforming lot, or his successor in interest, may not take advantage of the provisions of paragraph
(1) of this section.
(3) Nothing in this section shall require the combining of an existing lot with adjacent land in order to meet
the additional requirements of the watershed overlay district.
(Ord. of 6-21-93(2), pt. s)
Section 7. - Duties and procedures as a board of adjustment.
a. Types of appeals and applications. The board shall hear and decide all appeals from and review of
any order, requirement, decision, or determination made by the zoning enforcement officer. It shall
also hear and decide all matters referred to it or on which the zoning ordinance or minimum housing
code of the City of Thomasville requires it to pass. In deciding appeals, the board may hear both those
based on an allegedly improper or erroneous interpretation of the ordinance and those based on
alleged hardship resulting from strict interpretation of the ordinance.
b. Procedure for filing appeals and applications. Appeals from the enforcement and interpretation of
ordinances and variances shall be filed with the zoning enforcement officer, who shall transmit to the
board applications pertaining to such appeals or variances. If the application is for an appeal, it shall
be filed within 30 days of the filing of the decision being appealed or the delivery of any required written
notice of the decision, whichever is later. All applications shall be made on the form furnished for that
purpose, and all information required thereon shall be complete before an appeal may be considered
as having been filed.
c. Hearings.
1. After a completed application is filed, the secretary of the board shall schedule the application for
a hearing for the next regular meeting of the board that falls at least 21 days from the application
filing date.
2. The board shall cause public notice of the hearing to be given in a newspaper generally circulated
in Thomasville by advertisement published at least ten days before the date of the hearing and to
be posted on the property in question at least ten days before the date of the hearing. Such notice
shall state the location of the building or lot, the general nature of the question involved in the
appeal or application, and the time and place of hearing.
Any party may appear in person, by agent, or by attorney at the hearing. The order of business
for each hearing shall be as follows: (a) the chairman, or such person as he shall direct, shall give
a preliminary statement of the case; (b) the applicant shall present the evidence and arguments
in support of his application; (c) persons opposed to granting the application shall present the
evidence and arguments against the application; (d) both sides shall be permitted to present
rebuttals to opposing evidence and arguments; (e) the board, in reviewing the evidence
presented, shall allow the parties opportunity to make objections or corrections. Witnesses may

be called and factual evidence may be submitted, but the board shall not be limited to
consideration of such evidence as would be admissible in a court of law. The board may view the
premises before the hearing, but the facts indicated by such inspection shall be disclosed at the
public hearing and made a part of the record. All witnesses before the board shall be placed under
oath by the chairman or acting chairman, and the opposing party may cross examine them.
4. An application for a rehearing may be made in the same manner as an application for an original
hearing. Evidence in support of the application shall initially be limited to what is necessary to
enable the board to determine whether there has been a substantial change in the facts,
evidence, or conditions in the case. The board shall deny the application for rehearing if, from the
record, it finds that there has been no substantial change in facts, evidence, or conditions. If the
board finds that a change has occurred, it shall thereupon treat the request in the same manner
as any other application.
Powers of the board. The board of adjustment shall have the following powers:
1. Administrative review. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by the zoning enforcement officer in the
enforcement of this ordinance.
2. Variances. To authorize upon appeal in specific cases such variance from the terms of this
ordinance as will not be contrary to the public interest where, owing to special conditions, a literal
enforcement of the provisions of this ordinance would result in unnecessary hardship. In granting
any variance, the board of adjustment may prescribe appropriate conditions and safeguards in
conformity with this ordinance. A variance from the terms of this ordinance shall not be granted
by the board of adjustment unless and until it shall make a finding:
2.1. That special conditions and circumstances exist which are peculiar to the land, structure
or building involved and which are not applicable to other lands, structures, or buildings in
the same district; and
2.2. That literal interpretation of the provisions of this ordinance would deprive the applicant of
a right commonly enjoyed by other properties in the same district under the terms of this
ordinance; and
2.3. That the special conditions and circumstances do not result from the actions of the
applicant; and
2.4. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, structures, or buildings in the same district.
Variances from watershed overlay district requirements. The board of adjustment may authorize
variances from the specific requirements of the watershed overlay districts in the same manner
and subject to the various procedures and requirements of this article for authorizing other
variances, provided that:
3.1. The notice required in section 3. shall also be mailed by first class mail to all other local
governments having watershed regulation jurisdiction within the particular watershed where
the variance is requested and to each entity using that water supply for consumption; and
3.2. Favorable action by the board of adjustment on any major variance, as defined in this
ordinance, shall constitute a favorable recommendation but such major variance shall not
become effective unless authorized by the North Carolina Environmental Management
Commission in accordance with their rules or procedure."
The secretary to the Board shall annually submit a report to the North Carolina
Environmental Management Commission containing a description of each project receiving
a variance and the reason for granting the variance. The report shall contain the record of
each variance granted by the Board during the previous calendar year and shall be
submitted on or before January 1 of the following year.

4. Interpreting watershed overlay district boundaries. The board of adjustment, in addition to its
authority contained in article IV, in interpreting zoning district boundaries and in subsection d.1 in
deciding appeals, shall have the power to make adjustments to the exterior boundary of
watershed overlay districts by removing all or part of a piece of property from a watershed overlay
district where it finds that all or part of such property actually lies outside the drainage area of
such watershed. In any case where there is a dispute as to whether a property or any part of a
property that is shown on the official zoning map as being in a watershed overlay district actually
drains to that watershed, the board of adjustment shall, upon appeal by the owner, make a
determination as to the facts of the matter as it affects the subject property.
In determining whether a property or part of a property drains to the watershed as indicated on
the map, the board of adjustment shall base its determination on actual field conditions of the
property as determined by topographical conditions. In making its determination, the board of
adjustment may require the appellant to produce relevant expert testimony and exhibits.
After hearing such appeal, the board shall find that the subject property (all or part) is either in
the designated watershed or out of the designated watershed. If the board shall find that the
subject property is out of the designated watershed, the board shall order the map to be
adjusted to show the subject property to be outside the designated watershed.
Construction. Upon granting of any favorable decision or variance resulting in the issuance of a
building permit, the permit must be obtained and construction begun within 180 days of the date
of the board of adjustment hearing, after which the decision of the board shall be null and void.
e. Fees. A fee established by the city council shall be paid to the City of Thomasville, North Carolina, for
each application for a variance, exception or appeal, to cover the necessary administrative costs and
advertising.
f. Decisions.
1. Time. Decisions by the board shall be made not later than 30 days from the time of the hearing
2. Form. The board's final decision shall be shown in the record of the case as entered in the board's
minutes and signed by the board. Such record shall show the reasons for the determinations, with
a summary of the evidence introduced and the findings of fact made by the board. When a
variance is granted, the record shall state in detail any exceptional difficulty or unnecessary
hardship upon which the appeal was based and which the board finds to exist. The decision may
reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination
appealed from. The record shall state in detail what, if any, conditions and safeguards the board
imposes in connection with granting of a variance. A separate record of the decision in each case
shall be kept.
3. Expiration of permits. Unless otherwise specified, any order or decision of the board granting a
variance shall expire if the applicant does not obtain a building permit or certificate of occupancy
for such use within six months from the date of decision.
4. Voting at hearings. The concurring vote of four -fifths of the board members shall be necessary to
reverse any order, requirement, decision, or determination of the zoning enforcement officer, to
decide in favor of the applicant any matter on which the board is required by ordinance to pass,
or to grant a variance from the ordinance provisions.
5. Notice and public record of decisions. The secretary shall give written notice of the decision in the
case to the appellant and/or the applicant and to every aggrieved party who has filed a written
request for such notice with the secretary of the board when the hearing is held. Such notice may
be delivered either by personal service or by registered mail or certified mail, return receipt
requested. The decision shall be a public record, available for inspection at all reasonable times.
g. Review. Every decision of the board shall be subject to review by the superior court of Davidson County
by proceedings in the nature of certiorari.

(Ord. No. 644-A, § III, 2-19-90; Ord. of 6-21-93(2), pt. 6)
Section I.I. - Supplemental special watershed overlay definitions.
The following supplemental special definitions apply to the watershed overlay district regulations.
Balance of watershed (BW): The remainder of a watershed outside the critical area.
Best management practices (BMP): A structural or nonstructural management -based practice used
singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water
quality protection goals.
Buffer: An area of natural or planted vegetation through which stormwater runoff flows in a diffuse
manner so that the runoff does not become channelized and which provides for infiltration of the runoff
and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded
structures and from the bank of each side of streams or rivers.
Built -upon area: Built -upon areas shall include that portion of a development project that is covered
by impervious or partially impervious cover including buildings, pavement, gravel roads, drives and
parking areas, recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water
area of a swimming pool are considered pervious.)
Critical area: The area adjacent to a water supply intake or reservoir where risk associated with
pollution is greater than from the remaining portions of the watershed. The critical area is defined as
extending either one-half mile from the normal pool elevation of the reservoir in which the intake is
located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream from the
intake located directly in the stream or river (run -of -the -river), or the ridge line of the watershed
(whichever comes first). Local governments may extend the critical area as needed. Major landmarks
such as highways or property lines may be used to delineate the outer boundary of the critical area if
these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile.
Development: Any land disturbing activity which adds to or changes the amount of impervious or
partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into
the soil.
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 these provisions
based on at least one of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon
having received a valid local government approval to proceed with the project; or
(2) Having an outstanding valid building permit as authorized by the General Statutes (G.S. 153A-
344.1 and G.S. 160A-385.1), or
(3) Having expended substantial resources (time, labor, money) and having an approved site
specific or phased development plan as authorized by the General Statutes (G.S. 153A-344.1
and G.S. 160-A-385.1).
Hazardous material: Any substance listed as such in: Superfund Amendments and Reauthorization
Act (SARA) section 302, Extremely Hazardous Substances, Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) Hazardous Substances, or Section 311 of Clean Water Act
(CWA) (oil and hazardous substances).
Major variance: A variance that result in any one or more of the following:
(1) The complete waiver of a watershed management requirement;
(2) The relaxation, by a factor of more than ten percent, of any management requirement that takes
the form of a numerical standard.
Minor variance: A variance that does not qualify as a major variance.

Nonresidential development. All development other than residential development, agriculture and
silviculture.
Residential development: Buildings for residence such as attached and detached single-family
dwellings, apartment complexes, condominiums, townhouses, cottages, mobile homes, etc. and their
associated outbuildings such as garages, swimming pools, storage buildings, gazebos, etc.
Sedimentation control permit: A permission granted by the State of North Carolina for a person to
conduct a land disturbing activity pursuant to the Sedimentation Pollution Control Act of 1973, as
amended.
Toxic substance: Any substance or combination of substances (including disease causing agents),
which 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 abnormalities, cancer, genetic mutations, physiological malfunctions (including
malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their
offspring or other adverse health effects.
Variance: A permission to develop or use property granted by the board of adjustment relaxing or
waiving a water supply watershed management requirement that is incorporated into this ordinance.
Water dependent structure: Any structure for which the use requires access to or proximity to or
siting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and
bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial
boat storage areas are not water dependent structures.
Watershed: The entire land area contributing surface drainage to a specific point (e.g. the water
supply intake).
(Ord. of 6-21-93(2), pt. 7)