WSMU_FRNT_WSWP Ordinance_20210607

ZONING CODE

ACKNOWLEDGEMENTS
r
OH
31O, C:L'CC
APO
P L A N N E R S
TOWN BOARD OF COMMISSIONERS
Arthur Wright, Mayor
John Allers
Anita Fuller
Phil Meador
Brad Kearney
Alvin Holden
TOWN MANAGER
Greg Bethea, Acting Town Manager
TOWN CLERK
Kim Worley
PLANNING BOARD
Rickey Horton
Shirley Fogg
John Linville
Pierre Giani
Brenda Hegyi
CONSULTANT
CodeWright Planners, LLC
9 Blue Bottle Lane
Durham, NC 27705
919.593.2868
www.codewright.info
© 2019 Town of Franklinton, NC & CodeWright Planners, LLC
Chapter 154 - Zoning Code Page i

TABLE OF AMENDMENTS
Chapter 154 - Zoning Code Page

TABLE OF CONTENTS
ARTICLE 154.1 GENERAL PROVISIONS .............................. 1
1.1 Title.............................................................................................................................. 2
1.1.1 Zoning Code...................................................................................................................................... 2
1.1.2 Official Zoning Map............................................................................................................................ 2
1.2 Effective Date.............................................................................................................. 2
1.3 Authority..................................................................................................................... 2
1.3.1 General Assembly............................................................................................................................. 2
1.3.2 North Carolina General Statutes....................................................................................................... 2
1.3.3 Town Charter..................................................................................................................................... 2
1.3.4 Other Relevant Laws......................................................................................................................... 2
1.4 Applicability................................................................................................................ 2
1.4.1
Territorial Jurisdiction......................................................................................................................... 2
1.4.2
Development Subject to this Ordinance............................................................................................ 3
1.4.3
Activities Exempted from this Ordinance........................................................................................... 3
1.4.4
No Development until Compliance with this Ordinance.................................................................... 3
1.4.5
Standards are Minimum Requirements............................................................................................. 4
1.4.6
Vested Rights.................................................................................................................................... 4
1.4.7
Covenants..........................................................................................................................................4
1.4.8
Statute Of Limitations........................................................................................................................ 4
1.5 Consistency with Adopted Plans.............................................................................. 4
1.5.1
Advisory............................................................................................................................................. 4
1.5.2
Consistency....................................................................................................................................... 4
1.5.3
Amendment upon Inconsistency....................................................................................................... 4
1.6 Conflict........................................................................................................................5
1.6.1
Conflicts with State or Federal Law................................................................................................... 5
1.6.2
Conflicts with Other Town Codes or Laws......................................................................................... 5
1.6.3
Conflicts Between the Standards in this Ordinance.......................................................................... 5
1.6.4
Conflicts with Private Agreements..................................................................................................... 5
1.6.5
Determination of the More Restrictive Standard................................................................................ 5
1.7 General Purpose and Intent....................................................................................... 5
1.8 Transitional Provisions.............................................................................................. 5
1.8.1
Prior Violations Continue................................................................................................................... 6
1.8.2
Existing Nonconformities................................................................................................................... 6
1.8.3
Suits Prior To Enactment Of Ordinance............................................................................................ 6
1.8.4
Pending Applications......................................................................................................................... 6
1.8.5
Prior Approved Special Use Zoning.................................................................................................. 7
1.8.6
Existing Uses..................................................................................................................................... 7
1.8.7
Zoning Districts.................................................................................................................................. 7
1.9 Severability................................................................................................................. 8
ARTICLE 154.2 PROCEDURES ........................................... 11
2.1 How to Use this Article............................................................................................ 12
2.1.1 Organization.................................................................................................................................... 12
2.1.2 Steps in the Review Process........................................................................................................... 12
Chapter 154 - Zoning Code Page i

TABLE OF CONTENTS
2.2 Specific Procedures Table....................................................................................... 13
2.3 Common Procedures............................................................................................... 13
2.3.1
Overview..........................................................................................................................................
13
2.3.2
Purpose and Intent..........................................................................................................................
14
2.3.3
Conflict with Specific Procedures....................................................................................................
14
2.3.4
Application Submittal and Acceptance............................................................................................
14
2.3.5
Staff Review and Action...................................................................................................................
15
2.3.6
Public Notification............................................................................................................................
15
2.3.7
Public Meetings and Hearings.........................................................................................................
17
2.3.8
Review Process...............................................................................................................................
20
2.3.9
Continuance, Postponement, or Withdrawal...................................................................................
20
2.3.10
Limitation on Subsequent Applications............................................................................................
21
2.4 Specific Procedures................................................................................................. 22
2.4.1
How to Use This Section.................................................................................................................
22
2.4.2
Administrative Adjustment...............................................................................................................
23
2.4.3
Appeal..............................................................................................................................................25
2.4.4
Development Agreement.................................................................................................................
27
2.4.5
Interpretation....................................................................................................................................
29
2.4.6
Planned Development.....................................................................................................................
32
2.4.7
Rezoning..........................................................................................................................................35
2.4.8
Site Plan, Major...............................................................................................................................
37
2.4.9
Site Plan, Minor...............................................................................................................................
39
2.4.10
Special Use Permit..........................................................................................................................
41
2.4.11
Temporary Use Permit.....................................................................................................................
43
2.4.12
Text Amendment.............................................................................................................................
44
2.4.13
Variance...........................................................................................................................................46
2.4.14
Watershed Protection Permit...........................................................................................................
49
2.4.15
Zoning Authorization........................................................................................................................
51
2.4.16
Zoning Approval...............................................................................................................................
53
2.5 Review Authorities...................................................................................................
54
2.5.1
Overview..........................................................................................................................................
54
2.5.2
Board of Commissioners.................................................................................................................
54
2.5.3
Planning Board................................................................................................................................
55
2.5.4
Board of Adjustment........................................................................................................................
57
2.5.5
Zoning Administrator........................................................................................................................
59
ARTICLE 154.3 DISTRICTS .................................................. 61
3.1 Introductory Provisions........................................................................................... 62
3.1.1
Types of Zoning Districts.................................................................................................................
62
3.1.2
Compliance with District Standards.................................................................................................
62
3.1.3
Official Zoning Map..........................................................................................................................
62
3.1.4
Generally Applicable Dimensional Requirements...........................................................................
62
3.1.5
Zoning Districts Established............................................................................................................
65
3.2 General Zoning Districts.......................................................................................... 66
3.2.1
Conservation Recreation (CR) District............................................................................................
66
3.2.2
Residential Agricultural (R-1A) District............................................................................................
66
3.2.3
Residential Single-family Low (RSL) District...................................................................................
67
3.2.4
Residential Single-family Medium (RSM) District............................................................................
67
3.2.5
Residential Single-family High (RSH) District..................................................................................
68
3.2.6
Residential Manufactured Home (RMH) District..............................................................................
68
Chapter 154 - Zoning Code Page ii

TABLE OF CONTENTS
3.2.7
Residential Multi -family (RMF) District............................................................................................
69
3.2.8
Residential Downtown (RDT) District..............................................................................................
69
3.2.9
Mixed Use District (MUD) District....................................................................................................
70
3.2.10
Downtown Commercial (C-2D) District............................................................................................
71
3.2.11
Highway Commercial (C-3H) District...............................................................................................
71
3.2.12
Light Industrial (IL) District...............................................................................................................
72
3.3 Planned Development District.................................................................................
73
3.3.1
Purpose and Intent..........................................................................................................................
73
3.3.2
Classification....................................................................................................................................73
3.3.3
General Standards for All Planned Development Districts..............................................................
73
3.4 Overlay Zoning Districts.......................................................................................... 76
3.4.1
Purpose and Intent..........................................................................................................................
76
3.4.2
Overlay Districts Established...........................................................................................................
76
3.4.3
Classification....................................................................................................................................76
3.4.4
Relationship to Underlying General Districts...................................................................................
76
3.4.5
Special Flood Hazard Area Overlay District....................................................................................
76
3.4.6
Watershed Overlay District..............................................................................................................
77
ARTICLE 154.4 USES........................................................... 83
4.1 Principal Use Table.................................................................................................. 84
4.1.1
Table Structure................................................................................................................................
84
4.1.2
Uses Permitted By-Right.................................................................................................................
84
4.1.3
Uses Requiring Special Use Review...............................................................................................
84
4.1.4
Prohibited Uses...............................................................................................................................
84
4.1.5
Additional Standards........................................................................................................................
85
4.1.6
Unlisted Uses...................................................................................................................................
85
4.1.7
Principal Use Table..........................................................................................................................
85
4.2 Use Classifications, Categories, and Types........................................................... 90
4.2.1
Purpose............................................................................................................................................90
4.2.2
Organization of Uses.......................................................................................................................
90
4.2.3
Use Categories in the Agricultural Use Classification.....................................................................
90
4.2.4
Use Categories in the Residential Use Classification.....................................................................
91
4.2.5
Use Categories in the Institutional Use Classification.....................................................................
92
4.2.6
Use Categories in the Commercial Use Classification....................................................................
93
4.2.7
Use Categories in the Industrial Use Classification.........................................................................
95
4.3 Use -Specific Standards........................................................................................... 97
4.3.1
Residential Uses..............................................................................................................................
97
4.3.2
Institutional Uses...........................................................................................................................
103
4.3.3
Commercial Uses..........................................................................................................................
109
4.3.4
Industrial Uses...............................................................................................................................
111
4.4 Accessory Use Standards.....................................................................................
113
4.4.1
Purpose..........................................................................................................................................113
4.4.2
Procedure For Establishment........................................................................................................
113
4.4.3
General Standards.........................................................................................................................
113
4.4.4
Standards for Accessory Structures Associated with a Residential Use ......................................
114
4.4.5
Standards for Home Occupations.................................................................................................
115
4.4.6
Outdoor Storage in Commercial Districts......................................................................................
116
4.5 Temporary Use Standards.....................................................................................
116
4.5.1
Purpose..........................................................................................................................................116
Chapter 154 - Zoning Code Page iii

TABLE OF CONTENTS
4.5.2 Applicability....................................................................................................................................116
4.5.3 General Standards for Temporary Uses........................................................................................ 116
4.5.4 Standards for Specific Temporary Uses........................................................................................ 117
ARTICLE 154.5 STANDARDS ............................................ 121
5.1 Off -Street Parking and Loading............................................................................. 122
5.1.1
Applicability....................................................................................................................................122
5.1.2
General Requirements...................................................................................................................
122
5.1.3
Parking Stall Size...........................................................................................................................
122
5.1.4
Parking Lot Aisle Width..................................................................................................................
122
5.1.5
Standards For Parking Lots with Twenty or More Spaces............................................................
123
5.1.6
Minimum Number of Required Off -Street Parking Spaces............................................................
124
5.1.7
Parking Alternatives.......................................................................................................................
125
5.1.8
Off -Street Loading Spaces............................................................................................................
126
5.2 Landscaping........................................................................................................... 128
5.2.1
Parking Lot Landscaping...............................................................................................................
128
5.2.2
Perimeter Buffers...........................................................................................................................
128
5.2.3
Streetyard Buffers..........................................................................................................................
129
5.2.4
Trees in the Public Right-of-Way...................................................................................................
130
5.3 Fences and Walls...................................................................................................
131
5.3.1
Fences and Walls Distinguished...................................................................................................
131
5.3.2
Compliance with Required Setbacks.............................................................................................
131
5.3.3
Maximum Fence Height.................................................................................................................
131
5.3.4
Maximum Wall Height....................................................................................................................
131
5.3.5
Impairment of Vision Prohibited.....................................................................................................
131
5.4 Exterior Lighting.....................................................................................................
132
5.4.1
Purpose and Intent........................................................................................................................
132
5.4.2
Applicability....................................................................................................................................132
5.4.3
Prohibited Lighting.........................................................................................................................
132
5.4.4
Exterior Lighting Standards...........................................................................................................
132
5.5 Signage................................................................................................................... 133
5.5.1
Compliance Required....................................................................................................................
133
5.5.2
General Sign Regulations..............................................................................................................
133
5.5.3
Prohibited Signs.............................................................................................................................
133
5.5.4
Off -Site Advertising Signs..............................................................................................................
133
5.5.5
Nonconforming Signs....................................................................................................................
133
5.5.6
Permitted Signs.............................................................................................................................
134
5.6 Driveways................................................................................................................137
5.6.1
Maximum Number of Entrances and Exits....................................................................................
137
5.6.2
Minimum Spacing..........................................................................................................................
137
5.6.3
Minimum Driveway Width..............................................................................................................
137
5.6.4
Paved Apron Required..................................................................................................................
137
ARTICLE 154.6 NONCONFORMITIES ............................... 139
6.1 Nonconformities Generally.................................................................................... 140
6.1.1 Purpose and Intent........................................................................................................................ 140
6.1.2 Continuation, Minor Repairs, and Maintenance Allowed............................................................... 140
Chapter 154 - Zoning Code Page iv

TABLE OF CONTENTS
6.1.3 Change of Tenancy or Ownership................................................................................................. 140
6.2 Nonconforming Structures.................................................................................... 140
6.2.1 Nonconforming Structures with Conforming Uses......................................................................... 140
6.2.2 Reconstruction following Damage or Destruction.......................................................................... 140
6.2.3 Relocation......................................................................................................................................141
6.3 Nonconforming Uses............................................................................................. 141
6.3.1
Enlargement or Extension.............................................................................................................
141
6.3.2
Alteration of Structure Occupied by Nonconforming Uses............................................................
141
6.3.3
Restoration Following Damage......................................................................................................
141
6.3.4
Expiration.......................................................................................................................................
141
6.3.5
Relocation......................................................................................................................................141
6.3.6
Change in Use...............................................................................................................................
141
6.4 Nonconforming Lots of Record.............................................................................
143
6.4.1
Single -Family Construction Allowed On Some Lots......................................................................
143
6.4.2
Variance Required for Single -Family Construction on Some Lots ................................................
143
6.4.3
Lot Consolidation Required...........................................................................................................
143
ARTICLE 154.7 ENFORCEMENT ....................................... 145
7.1 Purpose...................................................................................................................146
7.2 Compliance Required............................................................................................. 146
7.3 Statute of Limitations............................................................................................. 146
7.4 Violations................................................................................................................ 146
7.4.1 Development without Authorization............................................................................................... 146
7.4.2 Development Inconsistent with Authorization................................................................................ 146
7.4.3 Violation by Act or Omission.......................................................................................................... 146
7.4.4 Use in Violation.............................................................................................................................. 146
7.4.5 Subdivide in Violation.................................................................................................................... 146
7.5 Responsible Persons............................................................................................. 146
7.5.1 General..........................................................................................................................................146
7.5.2 Failure by Town Does Not Relieve Individual................................................................................ 147
7.6 Enforcement Responsibilities............................................................................... 147
7.6.1 Investigations................................................................................................................................. 147
7.6.2 Inspections..................................................................................................................................... 147
7.6.3 Supporting Documentation............................................................................................................ 147
7.7 Enforcement Procedure......................................................................................... 148
7.7.1 Written Notice of Violation............................................................................................................. 148
7.7.2 Delivery of Written Notice.............................................................................................................. 148
7.7.3 Remedy upon Notice..................................................................................................................... 148
7.7.4 Failure to Comply With Order........................................................................................................ 148
7.7.5 Each Day a Separate Violation...................................................................................................... 148
7.8 Remedies................................................................................................................ 149
7.8.1 Civil Penalties................................................................................................................................ 149
7.8.2 Denial of Permit or Certificate........................................................................................................ 149
7.8.3 Conditional Permit or Temporary Certificate................................................................................. 149
7.8.4 Stop Work Orders.......................................................................................................................... 149
7.8.5 Revocation of Permits.................................................................................................................... 150
i vwn yr rranKllnion, M, Last upaateU. 1.c0. i V

TABLE OF CONTENTS
7.8.6
Criminal Penalties..........................................................................................................................
150
7.8.7
Injunctive Relief.............................................................................................................................
150
7.8.8
Order of Abatement.......................................................................................................................
150
7.8.9
Equitable Remedy.........................................................................................................................
150
7.8.10
State and Common Law Remedies...............................................................................................
151
7.8.11
Previous Enforcement...................................................................................................................
151
7.8.12
Remedies; Cumulative and Continuous........................................................................................
151
7.9 Assessment of Civil Penalties...............................................................................
152
7.9.1
Responsible Parties.......................................................................................................................
152
7.9.2
Notice.............................................................................................................................................152
7.9.3
Continuing Violation.......................................................................................................................
152
7.9.4
Demand for Payment.....................................................................................................................
152
7.9.5
Nonpayment..................................................................................................................................
152
7.9.6
Penalties........................................................................................................................................
152
ARTICLE 154.8 DEFINITIONS ............................................ 153
8.1 General Rules for Interpretation............................................................................ 154
8.1.1
Meanings and Intent......................................................................................................................
154
8.1.2
Headings, Illustrations, and Text...................................................................................................
154
8.1.3
Lists and Examples........................................................................................................................
154
8.1.4
Computation of Time.....................................................................................................................
154
8.1.5
Time -Related Language................................................................................................................
154
8.1.6
References to This Ordinance.......................................................................................................
155
8.1.7
References to Other Regulations or Publications.........................................................................
155
8.1.8
References to North Carolina General Statutes............................................................................
155
8.1.9
Delegation of Authority..................................................................................................................
155
8.1.10
Joint Authority................................................................................................................................
155
8.1.11
Technical and Non -Technical Terms.............................................................................................
155
8.1.12
Public Officials and Agencies........................................................................................................
155
8.1.13
Mandatory and Discretionary Terms.............................................................................................
155
8.1.14
Conjunctions..................................................................................................................................
155
8.1.15
Tenses, Plurals, and Gender of Words.........................................................................................
155
8.1.16
Oath...............................................................................................................................................
156
8.1.17
Term not Defined...........................................................................................................................
156
8.2 Definitions...............................................................................................................157
Chapter 154 - Zoning Code Page vi

HOW TO USE THIS ORDINANCE
This document is the draft version of the Town of Franklinton, NC, Zoning Code. It contains the rules that control
how land can be used in the Town, what kinds of uses may be located in particular locations, and how new
development must be configured. The following paragraphs explain some of the attributes of this document.
The draft of the Zoning Code is intended to update and replaces the prior version of Chapter 154 of the current
Town Code of Ordinances. The Zoning Code is regulatory (not advisory) in nature, and is a legal document.
The Town's zoning map is the graphical depiction of the location of the zoning districts, and is adopted by
reference in current Chapter 154.
This draft document contains 8 articles that consolidate similar kinds of provisions, like: procedures, zoning
districts, use standards, or development standards. The first page of each article in this document includes the
article's contents.
This draft document includes a text formatting system comprised of numbered section and subsection headings
that are designed to help code users understand how the text in the document is organized. Section headings
include different color backgrounds and subsection headings use underlining to help them be more visible.
The top of almost every page includes a listing of the particular article number and name, as well as the
appropriate section number and name of the text on that particular page. Users may use the tops of pages to
navigate quickly through the document. Page numbers are included at the bottom of each page. Some articles,
like Article 154.2: Procedures, also include an introductory section that explains how the regulations in the article
are structured and how to use them effectively.
Throughout this draft document, users will see underlined text. Underlined text shows cross references to other
sections or subsections in the document. As with the table of contents entries, users of the digital version of this
document may click on a cross reference, and the digital document will automatically scroll to the location in the
document being cross referenced.
Following adoption version of the document, an index of key terms will be prepared so that users may quickly find
the portion of the desired regulations. In addition to the index, the digital version of this document is fully
searchable. The document also includes a number of other features such as procedural flowcharts, a glossary of
abbreviations, and tables that summarize information. There is an index of terms at the back of the document.
Chapter 154 - Zoning Code Page vii

ARTICLE 154.1 GENERAL PROVISIONS
TABLE OF CONTENTS
1.1 Title.............................................................................................................................. 2
1.1.1 Zoning Code...................................................................................................................................... 2
1.1.2 Official Zoning Map............................................................................................................................ 2
1.2 Effective Date.............................................................................................................. 2
1.3 Authority..................................................................................................................... 2
1.3.1 General Assembly............................................................................................................................. 2
1.3.2 North Carolina General Statutes....................................................................................................... 2
1.3.3 Town Charter..................................................................................................................................... 2
1.3.4 Other Relevant Laws......................................................................................................................... 2
1.4 Applicability................................................................................................................ 2
1.4.1
Territorial Jurisdiction......................................................................................................................... 2
1.4.2
Development Subject to this Ordinance............................................................................................ 3
1.4.3
Activities Exempted from this Ordinance........................................................................................... 3
1.4.4
No Development until Compliance with this Ordinance.................................................................... 3
1.4.5
Standards are Minimum Requirements............................................................................................. 4
1.4.6
Vested Rights.................................................................................................................................... 4
1.4.7
Covenants..........................................................................................................................................4
1.4.8
Statute Of Limitations........................................................................................................................ 4
1.5 Consistency with Adopted Plans.............................................................................. 4
1.5.1 Advisory............................................................................................................................................. 4
1.5.2 Consistency....................................................................................................................................... 4
1.5.3 Amendment upon Inconsistency....................................................................................................... 4
1.6 Conflict........................................................................................................................5
1.6.1 Conflicts with State or Federal Law................................................................................................... 5
1.6.2 Conflicts with Other Town Codes or Laws......................................................................................... 5
1.6.3 Conflicts Between the Standards in this Ordinance.......................................................................... 5
1.6.4 Conflicts with Private Agreements..................................................................................................... 5
1.6.5 Determination of the More Restrictive Standard................................................................................ 5
1.7 General Purpose and Intent....................................................................................... 5
1.8 Transitional Provisions.............................................................................................. 5
1.8.1 Prior Violations Continue................................................................................................................... 6
1.8.2 Existing Nonconformities................................................................................................................... 6
1.8.3 Suits Prior To Enactment Of Ordinance............................................................................................ 6
1.8.4 Pending Applications......................................................................................................................... 6
1.8.5 Prior Approved Special Use Zoning.................................................................................................. 7
1.8.6 Existing Uses..................................................................................................................................... 7
1.8.7 Zoning Districts.................................................................................................................................. 7
1.9 Severability................................................................................................................. 8
Chapter 154 - Zoning Code Page 1

Section 1.1 Title
1.1.1 ZONING CODE
This Ordinance is officially titled as the "Town of Franklinton Zoning Code," and may be referred to as "the
Zoning Code," "this Code," or "this Ordinance."
1.1.2 OFFICIAL ZONING MAP
A. The zoning map referenced in this Ordinance is officially titled as the "Town of Franklinton Zoning
Map," and may be referred to as "the Official Zoning Map."
B. The Official Zoning Map is hereby incorporated by reference and made a part of this Ordinance.
C. The Residential Overlay District Map is hereby incorporated by reference and made a part of this
Ordinance.
This Ordinance shall be in full force and effect on January 22, 2019, and repeals and replaces the Zoning Code of
the Town of Franklinton, North Carolina, as originally adopted on December 12, 1988, and subsequently
amended.
This Ordinance consolidates the Town's zoning and watershed protection rules, as authorized by the North
Carolina General Statutes. It is adopted in accordance with the following:
1.3.1 GENERAL ASSEMBLY
The authority granted to the Town of Franklinton by the General Assembly of the State of North Carolina.
1.3.2 NORTH CAROLINA GENERAL STATUTES
The North Carolina General Statutes, including:
A. Chapter 160A, Article 8 - Police Powers;
B. Chapter 160A, Article 15 - Streets, Traffic, and Parking;
C. Chapter 160A, Article 19 - Planning and Regulation of Development;
D. Chapter 143, Article 21 - Water and Air Resources; and
E. Chapter 113a, Article 4 - Sedimentation and Pollution Control.
1.3.3 TOWN CHARTER
The Franklinton Town Charter.
1.3.4 OTHER RELEVANT LAWS
A. All other relevant laws of the State of North Carolina; and
B. Any special legislation for the Town of Franklinton enacted by the General Assembly.
1.4 APPLICABILITY
1.4.1 TERRITORIAL JURISDICTION
This Ordinance shall apply to any development that occurs within the corporate limits and extraterritorial
jurisdiction (ETJ) of the Town of Franklinton, unless expressly provided otherwise by the terms of this
Ordinance.
Chapter 154 - Zoning Code Page 2

Section 1.4 Applicability
1.4.2 DEVELOPMENT SUBJECT TO THIS ORDINANCE
The following activities shall be considered development subject to this Ordinance:
A. Any construction, reconstruction, erection, installation, placement, relocation, demolition, or
alteration in the size or external appearance of a building or other structure on land;
B. The establishment of a new use of land or a structure or any change in such use;
C. Any change in the intensity of the use of land or a structure, such as: an increase in the number
of businesses, establishments, offices, dwelling units, or lodging units comprising the use; an
increase in the number of products or services provided by the use; an increase in the volume or
characteristics of vehicular traffic generated by the use; an increase in noise levels, thermal
conditions, or emissions of waste materials associated with the use; or an increase in the duration
of a temporary or seasonal use;
D. Any land -disturbing activity that increases or changes the amount of impervious or partially
impervious cover or that otherwise decreases the infiltration of precipitation into the soil;
E. An alteration of the natural topography of land, such as mining, grading, ditching, extracting earth
materials, dredging, excavation, filling, or deposition of soil; or
F. Any alteration of the channel, bank, shore, floodway, or floodplain of a watercourse, body of
water, or wetland.
1.4.3 ACTIVITIES EXEMPTED FROM THIS ORDINANCE
The following activities do not constitute development subject to this Ordinance, but may be subject to
other provisions in the Town Code of Ordinances:
A. The inspection, maintenance, or repair of an existing transportation facility (roadway, walkway,
railroad tracks, bus shelter, traffic control device, etc.) or an existing utility, stormwater
management, or public service facility (pipe, cable, valve, catch basin, outlet, ditch, basin, bulk
refuse container pad, etc.), if no substantial engineering redesign is involved;
B. The ordinary maintenance and repair of existing structures, where no activities identified as
development in Section 1.4.2, Development Subject to this Ordinance, are involved;
C. The ordinary planting or maintenance of vegetative landscaping or gardens;
D. A change in the ownership or form of ownership of any parcel or structure;
E. The creation or termination of easements, covenants, condominium titles, or other rights in land
or development, where no street right-of-way dedication is involved;
F. Agricultural or agricultural -related activities taking place on a bona fide farm; or
G. Forestry activities taking place on a bona fide farm or in accordance with a state -approved
forestry management plan.
1.4.4 NO DEVELOPMENT UNTIL COMPLIANCE WITH THIS ORDINANCE
A. NO LAND DEVELOPED
Unless exempted, no land shall be developed without compliance with this Ordinance and all
other applicable Town, State, and federal regulations.
B. NO GRADING OR EXCAVATION
Unless exempted, no land shall be subjected to substantial clearing, grading, filling, or excavation
without compliance with this Ordinance and all other applicable Town, State, and federal
regulations.
C. NO USE OR OCCUPANCY
No person shall use, occupy, authorize, or permit the use or occupancy of land or a building
under their control, except in accordance with this Ordinance.
D. NO BUILDING CONSTRUCTED
No building or structure, or portion thereof, shall be erected, used, occupied, maintained, moved,
or altered except in conformity with the applicable regulations in this Ordinance.
Updated:Town of Franklinton, NC Last
Chapter 154 - Zoning Code Page 3

Section 1.5 Consistency with Adopted Plans
E. NO DOUBLE COUNTING OF REQUIRED AREAS
No land area or other required space counted as part of a required yard, setback, lot area, or
similar feature of one lot may be counted towards the requirements of another lot (with the
exception of parking areas in accordance with Section 5.1.7, Parking Alternatives).
F. NO EXCEEDING MAXIMUM LIMITATIONS
No building or development shall exceed the maximum height limit or residential density for the
zoning district where located.
G. NO FAILURE TO MEET MINIMUM REQUIREMENTS
No lot shall be reduced in area in a manner that results in the failure to comply with the minimum
dimensional standards for the zoning district where it is located.
1.4.5 STANDARDS ARE MINIMUM REQUIREMENTS
All provisions of this Ordinance are minimum requirements and shall not be deemed to limit or repeal any
other powers or authority granted under the North Carolina General Statutes.
1.4.6 VESTED RIGHTS
Nothing in this Ordinance is intended to repeal, supersede, annul, impair, or interfere with any existing
vested rights, provided such vested rights are lawfully established and remain in effect.
1.4.7 COVENANTS
A. The Town shall not enforce private covenants or deed restrictions unless a covenant or deed
restriction is expressly prohibited or is in conflict with this Ordinance.
B. Nothing in this Ordinance shall render private covenants or deed restrictions inoperative unless a
covenant or deed restriction is expressly prohibited or is in conflict with this Ordinance.
1.4.8 STATUTE OF LIMITATIONS
A cause of action as to the validity of this Ordinance, an amendment to this Ordinance, or a special use
permit issued under this Ordinance, shall accrue upon its adoption in accordance with Section 160A-
364.1 of the North Carolina General Statutes.
1.5 CONSISTENCY WITH ADOPTED PL'
The administration, enforcement, and amendment of this Ordinance shall be accomplished in accordance
with the Town's comprehensive plan, all other applicable policy guidance, and the following:
1.5.1 ADVISORY
Adopted policy guidance, like the land use or transportation plan, is advisory in nature and does not carry
the effect of law. Consistency with adopted policy guidance is not a requirement for the continuing
validity of any provision of this Ordinance, except as provided in Section 160A-382 and Section 160A-383
of the North Carolina General Statutes.
1.5.2 CONSISTENCY
This Ordinance is intended to ensure that all development within the Town is consistent with the goals,
objectives, policies, strategies, and actions contained in the Town's adopted policy guidance.
1.5.3 AMENDMENT UPON INCONSISTENCY
A. To the extent this Ordinance or the Official Zoning Map is or becomes inconsistent with the
Town's adopted policy guidance, it should be amended to remain consistent. All amendments to
this Ordinance's text or to the Official Zoning Map should maintain and enhance consistency
between this Ordinance and adopted policy guidance.
Chapter 154 - Zoning Code Page 4

Section 1.6 Conflict
B. Nothing shall limit the ability of the Town Board of Commissioners to amend the applicable
adopted policy guidance as part of a zoning map amendment in accordance with Section 160A-
383 of the North Carolina General Statutes.
1.6.1 CONFLICTS WITH STATE OR FEDERAL LAW
If a provision of this Ordinance is inconsistent with State or Federal law, the more restrictive provision
controls, to the extent permitted by law.
1.6.2 CONFLICTS WITH OTHER TOWN CODES OR LAWS
If a provision of this Ordinance is inconsistent with another provision found in other adopted ordinances of
the Town, the more restrictive provision shall govern, unless the terms of the more restrictive provision
specifies otherwise.
1.6.3 CONFLICTS BETWEEN THE STANDARDS IN THIS ORDINANCE
In cases where two or more standards in this Ordinance conflict with one another, the more restrictive
standard shall control.
1.6.4 CONFLICTS WITH PRIVATE AGREEMENTS
In cases where the standards in this Ordinance conflict with private agreements, covenants, or deed
restrictions and the standards in this Ordinance are more restrictive, the standards in this Ordinance shall
control.
1.6.5 DETERMINATION OF THE MORE RESTRICTIVE STANDARD
The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent
controls.
The purpose of this Ordinance is to protect the public health, safety, and general welfare of the citizens and
landowners of the Town of Franklinton, and to implement the policies and objectives identified in the Town's
adopted policy guidance. More specifically, the intent of this Ordinance is to:
1.7.1 Foster convenient, compatible, and efficient relationships among land uses;
1.7.2 Ensure the provision of adequate open space between uses for light, air, and fire safety;
1.7.3 Promote the aesthetic quality of development;
1.7.4 Prevent the overcrowding of land and avoid undue concentrations of population;
1.7.5 Promote a diverse and balanced economy that provides jobs, goods, and services;
1.7.6 Protect property from blighted conditions and depreciation in value;
1.7.7 Coordinate the transportation system with land use patterns;
1.7.8 Preserve and protect natural resources and working lands; and
1.7.9 Provide adequate infrastructure and community facilities (including transportation, water, sewage,
schools, parks, and other public requirements) in a fiscally -responsible manner.
The standards in this section address existing violations, nonconformities, pending suits, and applications in
process at the time this Ordinance is adopted.
Chapter 154 - Zoning Code Page 5

Section 1.8 Transitional Provisions
1.8.1 PRIOR VIOLATIONS CONTINUE
A. Violations of the previous ordinance shall continue to be violations under this Ordinance, unless
the development complies with this Ordinance and is no longer considered to be in violation, or
the Town's ability to address the violation has lapsed in accordance with Section 7.3, Statute of
Limitations.
B. Any violation of the previous ordinance that is no longer a violation under this Ordinance shall not
be considered a violation under this Ordinance.
C. Violations of this Ordinance shall be subject to the penalties set forth in Article 154.7,
ENFORCEMENT, unless the development complies with the express terms of this Ordinance or
other applicable ordinances, laws, or statutes.
1.8.2 EXISTING NONCONFORMITIES
A. GENERALLY
If any use, building, structure, lot, sign, or site feature legally existed or has been lawfully
established prior to January 22, 2019, but does not fully comply with the standards of this
Ordinance, the use, building, structure, lot, sign, or site feature is considered nonconforming
under this Ordinance and shall comply with the requirements in Article 154.6: Nonconformities.
B. DIMENSIONAL STANDARDS
Any changes to lawfully established existing nonconforming development after January 22, 2019
shall not increase the amount of nonconformity for the zoning district where located.
1.8.3 SUITS PRIOR TO ENACTMENT OF ORDINANCE
All suits at law or in equity and all prosecutions of violations of the previous code now pending in a court
of competent jurisdiction shall continue in the same manner as if this Ordinance had not been adopted.
1.8.4 PENDING APPLICATIONS
A. PRIOR APPROVALS
1. Any development approvals granted before January 22, 2019 shall remain valid until their
expiration date.
2. Developments with valid approvals or permits may be carried out in accordance with the
terms and conditions of their approval and the development standards in effect at the time of
approval, provided the permit or approval is valid and has not expired.
3. If an approval expires or is revoked (e.g., for failure to comply with the terms and conditions
of approval), any subsequent development of the site shall be applied for in accordance with
the procedures and standards of this Ordinance.
4. An applicant shall be deemed to have initiated an approved development upon the
subsequent application for and diligent pursuit of other required Town, State, or federal
permits or approvals.
5. Timelines for the commencement or expiration of development in accordance with an
approved application shall be suspended in the event of legal challenge.
B. PENDING APPLICATIONS
1. FINAL ACTION PENDING
(a) Any development application submitted and accepted as complete before January 22,
2019, but still pending final action as of that date, may be decided in accordance with
either the regulations in affect at the time the application was determined complete or the
regulations in this Ordinance, as requested by the applicant.
(b) If the development subject to an application approved under the prior ordinance fails to
comply with the required time frames, it shall expire and future development shall be
subject to the requirements of this Ordinance.
Chapter 154 - Zoning Code Page 6

Section 1.8 Transitional Provisions
2. COMPLETE APPLICATIONS
(a) Applications accepted as complete prior to January 22, 2019 may be decided in
accordance with either the regulations in affect at the time the application was
determined complete or the regulations in this Ordinance, as requested by the applicant.
(b) To the extent such an application is approved and proposes development that does not
comply with this Ordinance, the subsequent development, although permitted, shall be
nonconforming and subject to the provisions of Article 154.6: Nonconformities.
(C) If the development subject to an approved application fails to comply with the required
time frames, it shall expire and future development shall be subject to the requirements of
this Ordinance.
3. SUBMITTED, BUT NOT COMPLETE APPLICATIONS
Applications that have been submitted prior to January 22, 2019 but not determined to be
complete by the Zoning Administrator as of that date shall be reviewed and decided in
accordance with this Ordinance.
1.8.5 PRIOR APPROVED SPECIAL USE ZONING
A. SUBJECT TO EXISTING CONDITIONS
A special use zoning district approval and associated special use permit approved before January
22, 2019 shall continue to be subject to all conditions in the special use permit.
B. AMENDMENT
A special use zoning district and associated special use permit approved before January 22,
2019 may only be amended through an amendment to the Official Zoning Map in accordance with
Section 2.4.7, Rezoning, or Section 2.4.6, Planned Development, as appropriate.
1.8.6 EXISTING USES
If a use was a lawfully established permitted use before January 22, 2019 and is subsequently made a
special use in Table 4.1.7, Principal Use Table, the use shall be considered by the Town as a lawfully -
established special use. Any modifications to the use or the site after January 22, 2019 shall require
approval of a special use permit in accordance with Section 2.4.10, Special Use Permit.
1.8.7 ZONING DISTRICTS
On January 22, 2019, land zoned with a zoning district classification from the previous Zoning Ordinance
shall be translated or reclassified to one of the zoning district classifications in this Ordinance as set forth
in Article 154.3, Districts. Table 1.8.7, Zoninq District Translation, summarizes the translation or
reclassification of the zoning districts used in the previous Zoning Ordinance to the zoning districts used
in this Zoning Ordinance. For example, the table shows that all lands classified as Residential Multi-
family (R-2M) in the previous ordinance (under the column titled "Districts in the Former Ordinance") are
now classified Residential Multi -family (RMF) in this Ordinance (under the column titled "Districts in This
Ordinance").
ZONINGTABLE 1.8.7: - • • •
FORMERDISTRICTS IN THE ORDINANCE I DISTRICTS IN THIS ORDINANCE
BASE ZONING DISTRICTS
CR
Conservation Recreation
CR
Conservation Recreation
R-1A
Residential Agricultural
R-1A
Residential Agricultural
R-1S
Residential Single -Family
RSL
Residential Single-family Low
RSM
Residential Single-family Medium
RSH
Residential Single-family High
Chapter 154 - Zoning Code Page 7

Section 1.9 Severability
ZONINGTABLE 1.8.7: -• •
FORMERDISTRICTS IN THE ORDINANCE DISTRICTS IN THIS ORDINANCE
R-1 MD Residential Manufactured Home-
Doublewide RMH Residential Manufactured Home
R-1 MS Residential Manufactured Home
Singlewide
R-2M
Residential Multi -family
RMF
Residential Multi -family
R-3D
Residential Downtown
RDT
Residential Downtown
MUD
Mixed Use
MUD
Mixed Use
C-2D
Downtown Commercial
C-2D
Downtown Commercial
C-3H
Highway Commercial
C-3H
Highway Commercial
IL
Light Industrial
LI
Light Industrial
SPECIAL USE DISTRICTS
CR-SUD
Conservation Recreation Special
Use District
R-1A-
Residential Agricultural Special
SUD
Use District
R-1S-
Residential Single -Family Special
SUD
Use District
R-1 MD-
Residential Manufactured Home-
SUD
Doublewide Special Use District
R-1 MS-
Residential Manufactured Home
SUD
Singlewide Special Use District
Deleted [1]
R-2M-
Residential Multi -family Special
SUD
Use District
R-3D-
Residential Downtown Special
SUD
Use District
MUD-
Mixed Use Special Use District
SUD
C-2D-
Downtown Commercial Special
SUD
Use District
C-3H-
Highway Commercial Special Use
SUD
District
IL-SUD
Light Industrial Special Use
District
NOTES:
[1 ] Special use districts in existence on January 22, 2019 shall be retained and continue to be
subject to the applicable special use permit. Establishment of new special use districts after
January 22, 2019 is prohibited. Changes to development within a special use district shall
require a rezoning in accordance with Section 2.4.7, Rezoning.
1.9.1 The legislative intent of the Board of Commissioners in adopting this Ordinance is that all provisions shall
regulate development in accordance with the existing and future needs of the Town as established in this
Ordinance, and promote the public health, safety, and general welfare of the landowners and residents of
the Town. If any section, subsection, sentence, boundary, or clause of this Ordinance is for any reason
held by a court of competent jurisdiction to be invalid, the BOC hereby declares that it would have passed
this Ordinance and any section, subsection, sentence, boundary, clause, and phrase thereof, irrespective
of the fact that any one or more sections, subsections, sentences, boundaries, clauses, or phrases are
declared invalid.
Chapter 154 - Zoning Code Page 8

Section 1.9 Severability
1.9.2 Whenever any condition or limitation is included in an order authorizing a development approval under
this Ordinance, it shall be conclusively presumed that the review authority considered the condition or
limitation necessary to carry out the spirit and purpose of this Ordinance to protect the public health,
safety and welfare, and that the review authority would not have granted the approval except in the belief
that the condition or limitation was lawful.
Chapter 154 - Zoning Code Page 9

ARTICLE 154.2 PROCEDURES
TABLE OF CONTENTS
2.1 How to Use this Article............................................................................................ 12
2.1.1 Organization.................................................................................................................................... 12
2.1.2 Steps in the Review Process........................................................................................................... 12
2.2 Specific Procedures Table....................................................................................... 13
2.3 Common Procedures............................................................................................... 13
2.3.1
Overview..........................................................................................................................................
13
2.3.2
Purpose and Intent..........................................................................................................................
14
2.3.3
Conflict with Specific Procedures....................................................................................................
14
2.3.4
Application Submittal and Acceptance............................................................................................
14
2.3.5
Staff Review and Action...................................................................................................................
15
2.3.6
Public Notification............................................................................................................................
15
2.3.7
Public Meetings and Hearings.........................................................................................................
17
2.3.8
Review Process...............................................................................................................................
20
2.3.9
Continuance, Postponement, or Withdrawal...................................................................................
20
2.3.10
Limitation on Subsequent Applications............................................................................................
21
2.4 Specific Procedures................................................................................................. 22
2.4.1
How to Use This Section.................................................................................................................
22
2.4.2
Administrative Adjustment...............................................................................................................
23
2.4.3
Appeal..............................................................................................................................................25
2.4.4
Development Agreement.................................................................................................................
27
2.4.5
Interpretation....................................................................................................................................
29
2.4.6
Planned Development.....................................................................................................................
32
2.4.7
Rezoning..........................................................................................................................................35
2.4.8
Site Plan, Major...............................................................................................................................
37
2.4.9
Site Plan, Minor...............................................................................................................................
39
2.4.10
Special Use Permit..........................................................................................................................
41
2.4.11
Temporary Use Permit.....................................................................................................................
43
2.4.12
Text Amendment.............................................................................................................................
44
2.4.13
Variance...........................................................................................................................................46
2.4.14
Watershed Protection Permit...........................................................................................................
49
2.4.15
Zoning Authorization........................................................................................................................
51
2.4.16
Zoning Approval...............................................................................................................................
53
2.5 Review Authorities...................................................................................................
54
2.5.1
Overview..........................................................................................................................................
54
2.5.2
Board of Commissioners.................................................................................................................
54
2.5.3
Planning Board................................................................................................................................
55
2.5.4
Board of Adjustment........................................................................................................................
57
2.5.5
Zoning Administrator........................................................................................................................
59
Chapter 154 - Zoning Code Page 11

Section 2.1 How to Use this Article - Subsection 2.1.1 Organization
2.1.1 ORGANIZATION
A. This article includes all the development application review provisions, and is comprised of the
following four sections:
1. A section setting out the summary table of review procedures;
2. A section containing a set of common (or standard) procedures;
3. A section establishing the specific procedures; and
4. A section detailing the review authorities with responsibilities under this Ordinance.
B. The table in Section 2.2, Specific Procedures Table, describes all the specific application review
procedures in this Ordinance and the review authorities who decide them.
C. Section 2.3, Common Procedures, describes the common procedures, or the set of standardized
development review procedures that apply to every type of development application. For
example, application submittal, application completeness determination, staff review and report,
public notification, public meeting or hearing procedures, and notification of decision steps are
essentially identical for each type of development application, and as such, are listed only once.
In some cases, there are minor deviations from the common procedures for some types of
specific procedures. In those cases, the minor deviations are described in the section on the
specific procedure.
D. Section 2.4, Specific Procedures, describes the steps in each individual application review
process, the review criteria specific to that type of procedure, and any other provisions that apply
in addition to or instead of the common procedures.
E. Section 2.5, Review Authorities, establishes the review authorities (e.g., the Board of
Commissioners, Zoning Administrator, etc.) and their powers and duties under this Ordinance.
2.1.2 STEPS IN THE REVIEW PROCESS
An applicant seeking development approval under this Ordinance should first consult the table of specific
procedures in Section 2.2, to determine which review authorities are involved with the application. Then,
an applicant should review the common procedures in Section 2.3, to understand the steps in the
application process. Finally, an applicant should review the provisions for the specific procedure related
to their application type in Section 2.4. Applicants who are unsure of how to proceed should contact the
Zoning Administrator to better understand the review requirements and procedural steps associated with
their particular application.
Chapter 154 - Zoning Code Page 12

Section 2.2 Specific Procedures Table - Subsection 2.3.1 Overview
Table 2.2, Specific Procedures Table, lists each of the specific development review procedures under this
Ordinance and the review authority (ies) involved in the decision -making process. Review authorities are listed in
columns across the top of the table and procedures are listed in rows down the side. Cells in the middle show
actions taken by a particular review authority as part of the review process. Blank cells ( ") indicate that a
parucular review auinomy nas no role In ine parucular proceaure.
2.2: SPECIFIC PROCEDURES
TABLE
RecommendationTABLE
. = Decision
A = Appeal
Meeting
> = Legislative Public Hearing
=
Quasi-JudicialPublic
AUTHORITIESREVIEW REVIEW
PROCEDURE
SECTION
PROCESS
BOARD OF
BOARD OF
ZONING
PLANNING
COMMISSIONERS
ADJUSTMENT
TYPE 111 ADMINISTRATOR
BOARD
Administrative
2 4.2
1 D
{A}
Adjustment
Appeal
2.4.3
3
{DJ
Development
2.4.4
2
<D>
Agreement
Interpretation
2.4.5
1
D
{A}
Planned
2.4.6
2
JR1
<D>
Development
Rezoning
2.4.7
2
JR1
<D>
Site Plan, Major
2.4.8
2
<D>
Site Plan, Minor
2.4.9
1
D
{A}
Special Use Permit
2.4.10
3
{DJ
Temporary Use
2.4.11
1
D
{A}
Permit
Text Amendment
2.4.12
2
JR1
<D>
Variance
2.4.13
3
{DJ [3]
Watershed
2.4.14
1
D
{A}
Protection Permit
Zoning
2.4.15
1
D
{A}
Authorization [4]
Zoning Approval [5]
2.4.16
1
D
{A}
NOTES:
[1] See Section 2.3.8, Review Process, for details on the procedural steps.
[2] Appeals of decisions by
the BOC or the BOA are made to the Superior Court for Franklin County.
[3] The BOA shall decide minor variances
to the watershed standards and forward
applications for major
variances to the NC Environmental
Management Commission.
[4] A Zoning Authorization
is required prior to issuance of a Building Permit by Franklin County.
[51 A Zoning Approval is required prior to issuance of a Certificate of Occupancy by
Franklin County.
2.3.1 OVERVIEW
A. This section describes the common (or standard) procedural steps and rules generally applicable
to development applications reviewed under this Ordinance, except where identified in Section
2.4, Specific Procedures.
B. The flow charts of specific procedures in Section 2.3.8, Review Process, depict procedural steps
that apply to the review of the particular type of development application (i.e., Type 1, 2, or 3).
Chapter 154 - Zoning Code Page 13

Section 2.3 Common Procedures - Subsection 2.3.2 Purpose and Intent
2.3.2 PURPOSE AND INTENT
This common procedures section establishes the procedures used by the Town for the processing of
applications for development permits or approvals. It is the intent of this section to establish a uniform set
of processes to foster greater efficiency and predictability for applicants, Town residents, Town staff, and
elected and appointed officials during the review of development applications.
2.3.3 CONFLICT WITH SPECIFIC PROCEDURES
In instances where the standards in this section are in conflict with the standards for a specific application
review procedure set out in Section 2.4, Specific Procedures, the standards in Section 2.4, Specific
Procedures, shall control.
2.3.4 APPLICATION SUBMITTAL AND ACCEPTANCE
A. AUTHORITY TO FILE APPLICATIONS
Unless expressly stated otherwise in this Ordinance, development applications reviewed under
this Ordinance shall be submitted by the landowner, contract purchaser, or other person having a
recognized property interest in the land on which development is proposed.
B. APPLICATION FEES
No application approval shall be issued until all required application fees are paid in full.
Application fees are established by the BOC and amounts are on file in the offices of the Town
Hall.
C. APPLICATION SUBMITTAL
1. Applications shall be submitted to the Zoning Administrator in the form established by the
Zoning Administrator, along with the appropriate application fee.
2. Except for applications initiated by the Board of Commissioners, no development application
requiring approval by the Board of Commissioners may be filed that includes land subject to a
pending appeal being considered by the BOA or the courts.
3. An application shall not be considered submitted until it has been determined to be complete
in accordance with Section 2.3.4D, Completeness Review.
D. COMPLETENESS REVIEW
On receiving a development application, the Zoning Administrator shall determine, within 14 days,
whether the application is complete or incomplete. A complete application is one that:
1. Contains all information and materials as required for submittal of the particular type of
application;
2. Is in the form and number of copies required;
3. Is legible and printed to scale (where appropriate);
4. Is signed by the person with the authority to file the application;
5. Includes information in sufficient detail to evaluate whether or not the application complies
with the applicable review standards in this Ordinance; and
6. Is accompanied by the fee established for the particular type of application.
E. APPLICATION INCOMPLETE
If the application is incomplete, the Zoning Administrator shall notify the applicant of the
deficiencies. The applicant may correct the deficiencies and resubmit the application for
completeness determination.
F. APPLICATION COMPLETE
On determining that the application is complete, it shall be considered as submitted, and the
Zoning Administrator shall commence review in accordance with the procedures and standards of
this Ordinance.
Chapter 154 - Zoning Code Page 14

Section 2.3 Common Procedures - Subsection 2.3.5 Staff Review and Action
G. DECLARATION OF COMPLETENESS BY APPLICANT
Following a determination of incompleteness by the Zoning Administrator, the applicant may
declare, in writing, the application to be complete regardless of Zoning Administrator's
determination of incompleteness. In these instances, the application shall be processed without
further addition or substitution from the date the applicant declares the application to be complete.
2.3.5 STAFF REVIEW AND ACTION
A. STAFF REVIEW
1. Applications shall be reviewed during the review cycle in place when the application is
determined to be complete.
2. When an application is determined complete, it shall be distributed to all appropriate staff and
review agencies for review and comment, and the preparation of a staff report, in accordance
with Town policy.
3. If deficiencies in complying with applicable standards of this Ordinance are identified, the
designated review authority shall notify the applicant of such deficiencies and provide the
applicant a reasonable opportunity to discuss them and revise the application accordingly.
B. STAFF REPORT AND RECOMMENDATION
1. The Zoning Administrator shall prepare a written staff report for any application to be decided
by the Board of Commissioners or Board of Adjustment.
2. The staff report shall conclude whether the application complies with all applicable review
standards of this Ordinance, and recommend one of the decisions authorized for the
particular type of application, based on the review standards applicable to the application
type, in accordance with Section 2.4, Specific Procedures. The staff report may identify and
recommend conditions of approval addressing how compliance deficiencies might be
corrected and how adverse effects of the development application might be mitigated.
3. A staff report is not required for an application decided by Town staff, though one may be
prepared if the application is recommended for denial by Town staff.
2.3.6 PUBLIC NOTIFICATION
A. PUBLIC MEETING DISTINGUISHED
Public meetings conducted in accordance with this Ordinance are not public hearings, and do not
require the provision of public notification in accordance with this section.
B. PUBLIC HEARING SCHEDULING
When a development application is subject to a public hearing, the Zoning Administrator shall
ensure that the public hearing is scheduled for a regular meeting or a meeting specially called for
that purpose by the review authority.
C. NOTICE REQUIREMENTS, GENERALLY
All development applications subject to public notification shall comply with the standards in
Section 160A-364 for published notice, 160A-384(a) for mailed notice, and 160A-384(c) for
posted notice in the North Carolina General Statutes. Table 2.3.6, Public Notification
Requirements, summarizes the provisions related to public notice. In computing the required
time periods, the day the notice is published, mailed, or posted shall not be included, but the day
of the hearing shall be included.
Chapter 154 - Zoning Code Page 15

Section 2.3 Common Procedures - Subsection 2.3.6 Public Notification
TABLE 2.3.6: PUBLIC NOTIFICATION
REQUIREMENTS
TYPE OF REQUIRED•
•
REVIEW
APPLICATION TYPE •.ITY
MAILED PUBLISHED
POSTED
NOTICE NOTICE•
Appeal BOA
X X
Development Agreement
BOC
X [3]
X
X
Planned Development
BOC
X [3]
X
X
Rezoning
BOC
X [3]
X
X
Special Use Permit
BOA
X [3]
X
X
Text Amendment
BOC
X [3]
Variance
BOA
X
X
X
NOTES:
[1 ] Posted notice provided between 10 and 25 calendar days before the hearing.
[2] Published notice provided one a week for two
successive weeks, with first notice
between 10
and 25 calendar days before the hearing.
[3] Mailed notice provided to affected landowners in accordance with Town policy
between 10
and 25 calendar days before the hearing.
1. PUBLISHED NOTICE REQUIREMENTS
When the provisions of Section 160A-364 of the North Carolina General Statutes require that
public notice be published, the Zoning Administrator shall have the required notice published
in a newspaper that is regularly published once per week and has general circulation in the
Town.
2. MAILED NOTICE REQUIREMENTS
When the provisions of Section 160A-384(a) of the North Carolina General Statutes require
that public notice be mailed, the Zoning Administrator shall provide the required mailed public
notice in accordance with the following:
(a) Mailed notice, when required, shall be provided in accordance with the applicable timing
information in Table 2.3.6, Public Notification Requirements.
(b) Mailed notice specified in Table 2.3.6, Public Notification Requirements, shall be mailed
to:
(1) The applicant, if different from the landowner; and
(2) All landowners entitled to receive notice in accordance with Section 160A-384(a) of
the North Carolina General Statutes, as well as Town policy, whose address is
known by reference to the latest county tax listing.
(C) Notice shall be deemed mailed by its deposit in the United States first class mail, properly
addressed, postage paid. The content and form of the notice shall comply with Section
2.3.6D, Notice Content, and Section 160A-384(a) of the North Carolina General Statutes.
(d) A copy of the mailed notice shall be maintained in the Town offices for public inspection
during normal business hours.
3. POSTED NOTICE REQUIREMENTS
When the provisions of Section 160A-384(c) of the North Carolina General Statutes require
that public notice be posted, the Zoning Administrator shall provide the required posted public
notice in accordance with the following:
(a) Posted notice, when required, shall be provided in accordance with the applicable timing
information in Table 2.3.6, Public Notification Requirements.
Chapter 154 - Zoning Code Page 16

Section 2.3 Common Procedures - Subsection 2.3.7 Public Meetings and Hearings
(b) A sign shall be placed on the subject property in a conspicuous location so as to be
clearly visible to the traveled portion of the respective street. Where the land subject to
the notice does not have frontage on a public street, the sign shall be erected on the
nearest street right-of-way.
(C) The content and form of the notice shall comply with Section 2.3.6D, Notice Content, and
Section 160A-364(c) of the North Carolina General Statutes.
D. NOTICE CONTENT
Unless expressly indicated otherwise, all notices, whether done by mail, publication, or posting
shall:
1. Identify the date, time, and place of the public hearing;
2. Describe the land involved by county parcel identification number (PIN) and street address or
by its relationship to a fronting street and the nearest cross street (if applicable), and its size
(except posted notice);
3. Describe the nature and scope of the proposed development or action; and
4. Identify the means to contact a Town official for further information.
E. CONSTRUCTIVE NOTICE
1. Minor defects in any notice shall not impair the notice or invalidate proceedings if a bona fide
attempt is made to comply with applicable notice requirements. Minor defects in notice may
include, but are not limited to:
(a) Errors such as landowner name, title, or address existing in the county tax listing; or
(b) Typographical or grammatical errors that do not impede communication of the notice to
affected parties.
2. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases,
however, the requirements for the timing of the notice and for specifying the time, date, and
place of a public hearing and the location of the subject property shall be strictly adhered to.
2.3.7 PUBLIC MEETINGS AND HEARINGS
A. PUBLIC MEETINGS
Table 2.2, Specific Procedures Table, identifies the kinds of development applications subject to
a required public meeting, which shall be conducted in accordance with the Planning Board's
rules of procedure and the following requirements:
1. PROCEDURE
(a) Applications subject to a recommendation by the Planning Board, as depicted in Table
2.2, Specific Procedures Table, shall be heard by the Planning Board during a public
meeting, not a public hearing.
(b) The public meeting shall be open to the public.
(C) There is no requirement to allow public comment or testimony during a public meeting,
though it may be allowed at the Chair or other presiding officer's discretion.
2. VOTE
(a) A decision to recommend approval shall be decided by a simple majority of a quorum
present. See Section 2.5.3C, Rules of Procedure, for more details on how a quorum is
established.
(b) A tie vote by members of the Planning Board shall be forwarded without a
recommendation.
3. TIMING
Unless an application is deferred or continued in accordance with Section 2.3.9,
Continuance, Postponement, or Withdrawal, a recommendation on an application shall be
made within 30 days from the date of the initial meeting where it is considered.
Chapter 154 - Zoning Code Page 17

Section 2.3 Common Procedures - Subsection 2.3.7 Public Meetings and Hearings
4. FAILURE TO RECOMMEND
If the Planning Board fails to make a recommendation in the time allotted for an application to
be reviewed and decided, the application shall be forwarded to the Board of Commissioners
without a recommendation from the Planning Board.
B. LEGISLATIVE PUBLIC HEARINGS
Table 2.2, Specific Procedures Table, identifies the kinds of development applications decided
following a legislative public hearing, which shall be conducted in accordance with the following
requirements:
1. PROCEDURE
(a) Legislative public hearings shall not be conducted until after provision of required public
notification in accordance with Section 2.3.6, Public Notification.
(b) The legislative public hearing shall be open to the public and shall be conducted in
accordance with the review authority's adopted rules of procedure for public hearings.
(C) Attendees shall be afforded the opportunity to comment or provide testimony during a
public hearing, in accordance with the adopted rules of procedure.
2. VOTING
(a) The review authority shall consider the application, relevant support materials, staff
report, any recommendations, and public comments. After the conclusion of the public
hearing, it shall make one of the decisions authorized for the particular type of application
based on the review standards applicable to the application type, as set forth in Section
2.4, Specific Procedures.
(b) A review authority member shall recuse themselves from voting on an application where
the outcome of the matter being considered is reasonably likely to have a direct,
substantial, or readily identifiable financial impact on them or a member of their
immediate family.
3. APPLICATION REVISION
(a) An applicant may revise an application during a public hearing in response to
recommendations or suggestions of the review authority.
(b) The review authority may approve an application modified during a public hearing
provided that any necessary site plans, plats, or other construction documents depicting
the modification are approved by the appropriate Town staff.
4. REMAND
The review authority may remand the application to Town staff or the appropriate body for
further consideration of new information or specified issues or concerns, if appropriate.
C. QUASI-JUDICIAL PUBLIC HEARINGS
Table 2.2, Specific Procedures Table, identifies the kinds of development applications decided
following a quasi-judicial public hearing, which shall be conducted in accordance with State law,
the review authority's rules of procedure, and the following requirements:
1. NOTICE REQUIRED
Quasi-judicial public hearings shall not be conducted until after provision of required public
notification in accordance with Section 2.3.6, Public Notification.
2. OPPORTUNITY TO PRESENT TESTIMONY AND EVIDENCE
Any party in attendance shall be afforded a reasonable opportunity to present testimony and
evidence in support of or in opposition to the application, and to ask questions of the
applicant, the applicant's representatives, Town staff, and the Town staff's representatives.
3. LIMITATION ON EVIDENCE
(a) The Chair or other presiding officer may limit or exclude incompetent evidence,
immaterial evidence, repetitive evidence, and personal attacks.
Chapter 154 - Zoning Code Page 18

Section 2.3 Common Procedures - Subsection 2.3.7 Public Meetings and Hearings
(b) Decisions shall not be based upon hearsay evidence.
4. EX PARTE COMMUNICATION
Ex parte communications between an applicant or an affected party and a member of the
review authority are prohibited. If it occurs, it shall be disclosed during the quasi-judicial
public hearing.
5. VOTING
(a) GENERALLY
The review authority shall consider the application, relevant support materials, staff
report, any recommendations, and public comments. After the conclusion of the public
hearing, it shall make one of the decisions authorized for the particular type of application
based on the review standards applicable to the application type, as set forth in Section
2.4, Specific Procedures.
(b) CLEARLY STATE FACTORS FOR DECISION
Unless stated otherwise in this Ordinance, the decision shall clearly state the factors
considered in making the decision and the basis or rationale for the decision.
(c) CONFLICTS OF INTEREST
A review authority member 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 family, 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 or herself, the remaining members shall, by majority vote, rule on the objection.
6. APPLICATION REVISION
(a) An applicant may revise an application during a public hearing in response to
recommendations or suggestions of the review authority.
(b) The review authority may approve an application modified during a public hearing
provided that any necessary site plans, plats, or other construction documents depicting
the modification are approved by the appropriate Town staff.
7. REMAND
The review authority may remand the application to Town staff or the appropriate body for
further consideration of new information or specified issues or concerns, if appropriate.
8. RECORD
(a) A record shall be made of all
accordance with Town policy.
(b) Accurate minutes shall also
made.
public hearings and the recordings shall be maintained in
be kept of all proceedings, but a transcript need not be
Chapter 154 - Zoning Code Page 19

Section 2.3 Common Procedures - Subsection 2.3.8 Review Process
2.3.8 REVIEW PROCESS
A. Development applications identified in Section 2.4, Specific Procedures, shall be reviewed and
decided in accordance with one of the following three review processes. The type of review
process for each specific procedure is identified in Table 2.2, Specific Procedures Table. The
flowcharts below depict the procedural steps in each review process type. White boxes show
actions of the applicant. Grey boxes show actions of Town staff. Red boxes show actions of
review authorities.
FIGURE <>: TYPE 1
REVIEW PROCESS
Deliver Application
Completeness Determination
Town Staff/Other Agency
Review (as appropriate)
Application Revision
(if necessary)
Notification of Decision
FIGURE <>: TYPE 2
REVIEW PROCESS
Deliver Application
Completeness Determination
Town Staff/Other Agency
Review (as appropriate)
Application Revision
(if necessary)
Public Hearing Scheduled
Public Notification
Notification of Decision
FIGURE <>: TYPE 3
REVIEW PROCESS
Deliver Application
Completeness Determination
Town Staff/Other Agency
Review (as appropriate)
Application Revision
(if authorized)
Public Hearing scheduled
Public notification
Notification of Decision
Recordation (if required)
B. Applications for development agreements and major site plans follow the Type 2 review process
except that the Planning Board does not review or make a recommendation on these kinds of
applications.
2.3.9 CONTINUANCE, POSTPONEMENT, OR WITHDRAWAL
An applicant may request that a review authority's consideration of a development application be
continued, postponed, or withdrawn by submitting a written request to the appropriate review authority.
Chapter 154 - Zoning Code Page 20

Section 2.3 Common Procedures - Subsection 2.3.10 Limitation on Subsequent Applications
A. PROCEDURE FOR APPLICATIONS SUBJECT TO A PUBLIC HEARING
1. In cases where an applicant seeks a continuance or postponement of an application subject
to a public hearing, but public notification of the hearing has not yet been provided, the
Zoning Administrator shall consider and decide the request.
2. If public notification of the pending public hearing has been provided in accordance with this
Ordinance prior to the request for a continuance or postponement, the request for
continuance or postponement shall be placed on the public hearing agenda and be
considered by the review authority.
3. Nothing shall prohibit an applicant from requesting a continuance or postponement during a
public meeting or public hearing.
4. A request for continuance or postponement shall be approved only in cases where the
applicant needs additional time to prepare evidence, secure approval from outside agencies,
or bring the application into closer alignment with the Town's adopted policy guidance or the
requirements of this Ordinance.
B. WITHDRAWAL
An applicant may withdraw an application, in writing, at any time.
2.3.10 LIMITATION ON SUBSEQUENT APPLICATIONS
A. If a development application requiring a public hearing is denied, no application proposing the
same or similar development on all or part of the same land shall be submitted within one year
after the date of denial.
B. The applicant may submit a written request for waiver of the time limit, along with a fee to defray
the cost of processing the request, to the Zoning Administrator, who shall transmit the request to
the Board of Commissioners. The Board of Commissioners may grant a waiver of the time limit
only on a finding by two-thirds of its membership that the owner or agent has demonstrated that:
1. There is a substantial change in circumstances relevant to the issues or facts considered
during review of the prior application; or
2. New or additional information is available that was not available at the time of review of the
prior application; or
3. The new application proposed to be submitted is materially different from the prior
application; or
4. The final decision on the prior application was based on a material mistake of fact.
Chapter 154 - Zoning Code Page 21

Section 2.4 Specific Procedures - Subsection 2.4.1 How to Use This Section
2.4.1 HOW TO USE THIS SECTION
A. GENERALLY
This section sets out the standards and related procedural information for each of the specific
procedures listed in Table 2.2, Specific Procedures Table. Section 2.3, Common Procedures,
establishes the generic steps in the application process used for all development applications.
Section 2.4, Specific Procedures, establishes the provisions unique to each specific development
review procedure. Applicants should review both sections: the common procedures in their
entirety and the relevant specific procedure in this section in order to understand the applicable
requirements.
B. STRUCTURE OF SPECIFIC PROCEDURES
1. Specific procedures are listed in alphabetical order in this section.
2. Each of the specific procedures in this section follows a standardized format, including:
(a) Purpose for the procedure;
(b) Applicability and the types of development exempted from the procedure;
(C) The review standards or criteria;
(d) How the approved application may be amended (if applicable);
(e) If and how the approval may expire; and
(f) How decisions on a particular application may be appealed.
3. In addition to the standard subsections described in (b) above, the provisions for a specific
procedure may also include additional standards or requirements unique to a particular
application.
Chapter 154 - Zoning Code Page 22

Section 2.4 Specific Procedures - Subsection 2.4.2 Administrative Adjustment
2.4.2 ADMINISTRATIVE ADJUSTMENT
A. PURPOSE
The purpose for the administrative adjustment procedure is to establish a clear procedure and
measurable review criteria for the consideration of requests for minor deviations to certain
numeric standards in this Ordinance (like district dimensional standards). The intent of the
procedure is to provide relief where application of a standard creates practical difficulties in
allowing development that otherwise advances the purposes served by this Ordinance, only in
cases where the adjustment does not interfere with a proposed development's compatibility with
its surroundings.
B. APPLICABILITY
1. Except where otherwise prohibited, an administrative adjustment of up to 15 percent of a
required numeric standard may be requested for any of the following:
(a) A zoning district dimensional standard in Article 154.3, DISTRICTS;
(b) A numeric use -specific standard in Article 154.4, USES; or
(C) A numeric requirement in Article 154.5, STANDARDS.
2. In no instance shall an administrative adjustment application seek to reduce any of the
following:
(a) The required minimum lot area in a zoning district;
(b) The maximum allowable residential density on a lot;
(C) The minimum required separation distance between two use types; or
(d) A numeric standard in another part of the Town Code of Ordinances.
C. ADMINISTRATIVE ADJUSTMENT PROCEDURE
Administrative adjustments shall be processed as a Type 1 review process in accordance with
Section 2.3.8, Review Process.
D. DECISION BY ZONING ADMINISTRATOR
The decision on an administrative adjustment shall be made by the Zoning Administrator based
on the standards in Section 2.4.2E, Administrative Adjustment Review Standards.
E. ADMINISTRATIVE ADJUSTMENT REVIEW STANDARDS
An application for an administrative adjustment may be approved, provided it complies with all the
following:
1. The administrative adjustment is consistent with the type and thresholds for an administrative
adjustment established in this section;
2. The administrative adjustment is consistent with the character of development on surrounding
land, and is compatible with surrounding land uses;
3. The administrative adjustment:
(a) Is required to compensate for some unusual aspect of the site or the proposed
development that is not shared by landowners in general;
(b) Supports an objective or goal from the purpose and intent statements of the zoning
district where it is located;
(C) Is necessary to allow for proper functioning of on -site private infrastructure;
(d) Saves healthy existing trees; or
(e) Preserves environmentally sensitive lands;
4. The administrative adjustment will not pose a danger to the public health or safety;
5. Adverse impacts resulting from the administrative adjustment will be fully mitigated; and
6. The development standard being adjusted is not the subject of a previously approved
administrative adjustment or condition of approval on the same site.
Chapter 154 - Zoning Code Page 23

Section 2.4 Specific Procedures - Subsection 2.4.2 Administrative Adjustment
F. AMENDMENT
Amendment of an administrative adjustment may only be reviewed and considered in accordance
with the procedures and standards established for its original approval
G. EXPIRATION
If an administrative adjustment is associated with another permit or development approval, the
expiration of the administrative adjustment shall be the same as the permit or development
approval with which it is associated.
H. APPEAL
Appeal of a decision on an administrative adjustment shall be reviewed and decided in the nature
of certiorari by the BOA in accordance with Section 2.4.3, Appeal.
Chapter 154 - Zoning Code Page 24

Section 2.4 Specific Procedures - Subsection 2.4.3 Appeal
2.4.3 APPEAL
A. PURPOSE
This appeal procedure is proposed to establish a clear and predictable procedure for persons
with standing to appeal a decision or interpretation of this Ordinance, the Official Zoning Map, or
a condition of approval by a review authority.
B. APPLICABILITY
1. This section sets out the procedure and standards for appealing any decision or interpretation
by a Town official made pursuant to this Ordinance.
2. Appeals of decisions made by the BOC or BOA shall be to the Superior Court for Franklin
County, in accordance with State law.
C. PROCEDURE
1. Appeals shall be processed as a Type 3 review process in accordance with Section 2.3.8,
Review Process.
2. The appeals process commences upon the filing of a petition for review by the party
appealing a decision.
3. Petitions for review must be filed with the Clerk of Court within 30 days of the date the
decision is filed in the office of the Zoning Administrator and delivered by personal delivery,
electronic mail, or first-class mail to the applicant, landowner, and to any person who has
submitted a written request for a copy, prior to the date the decision becomes effective.
D. DECISION BY BOARD OF ADJUSTMENT
1. The decision shall be based on the competent, material, and substantial evidence in the
record of the appeal, as supplemented by arguments presented at the quasi-judicial hearing,
and the standards in Section 2.4.3E, Appeal Review Standards.
2. The decision shall be one of the following:
(a) Affirmation of the decision or interpretation (in whole or in part);
(b) Modification of the decision or interpretation (in whole or in part); or
(C) Reversal of the decision or interpretation (in whole or in part).
3. A vote to reverse or modify a decision or determination shall require approval of a simple
majority of all members. Members who have recused themselves or who are disqualified from
voting on a particular matter shall not be counted.
E. APPEAL REVIEW STANDARDS
1. The BOA is limited to the following determinations in considering the appeal, which shall be
based on:
(a) Whether the decision -maker erred in the interpretation of this Ordinance; and
(b) Whether the decision -maker erred in determining whether a standard of this Ordinance
was met.
2. The BOA shall not hear any evidence or make any decision based on hardships or special
conditions except as part of an application for a variance.
F. EFFECT
1. An appeal stays all proceedings in furtherance of the action appealed, unless the Town
official from whom the appeal is taken certifies to the BOA, after notice of appeal has been
filed, that because of facts stated in the certificate a stay would, in the Town official's opinion,
cause imminent peril to life or property or because the violation is transitory in nature, a stay
would seriously interfere with enforcement of this Ordinance.
2. If certification by a Town official is filed, administrative proceedings shall not be stayed except
through issuance of a restraining order by a court of competent jurisdiction.
Chapter 154 - Zoning Code Page 25

Section 2.4 Specific Procedures - Subsection 2.4.3 Appeal
3. If an enforcement action is not stayed, the appellant may file for an expedited hearing of the
appeal, and the BOA shall meet to consider the appeal within 15 days of the date the request
is filed.
4. The filing of an appeal prevents the filing of an application for a rezoning or special use
permit for the same land subject to an appeal application, as well as the filing of a text
amendment application by the same party filing the appeal until the appeal application is
decided or appealed to the courts.
G. AMENDMENT
A decision on an appeal shall not be amended.
H. EXPIRATION
A decision on an appeal shall not expire.
APPEAL
Any decision by the BOA shall be subject to review by the Superior Court of Franklin County by
proceedings in the nature of certiorari and in accordance with Section 160A-393 of the North
Carolina General Statutes.
Chapter 154 - Zoning Code Page 26

Section 2.4 Specific Procedures - Subsection 2.4.4 Development Agreement
2.4.4 DEVELOPMENT AGREEMENT
A. PURPOSE
The purpose for the development agreement procedure is to establish a flexible process that may
be requested by an applicant for the establishment and review of large-scale development
projects likely to build out over several years. This procedure is intended to:
1. Provide more regulatory certainty;
2. Establish a schedule for development;
3. Coordinate the provision of public facilities; and
4. Ensure greater community compatibility.
B. APPLICABILITY
The Board of Commissioners may enter into a development agreement with a developer for a
development of any size and for any duration, provided the boundaries of the development and
the duration are specified in the agreement. All development agreements shall be subject to
Sections 160A-400.20 through 160A-400.32 of the North Carolina General Statutes, and the
provisions of this section.
C. DEVELOPMENT AGREEMENT PROCEDURE
Development agreements shall be processed as a Type 2 review process in accordance with
Section 2.3.8, Review Process, except that the Planning Board shall not review the application.
D. DECISION BY BOARD OF COMMISSIONERS
1. The decision shall be based on the recommendation of the Planning Board and the standards
in Section 2.4.4E, Development Agreement Review Standards.
2. The decision shall be one of the following:
(a) Enter into the development agreement, as submitted;
(b) Enter into the development agreement, subject to changes agreed to in writing by the
developer; or
(C) Not enter into the development agreement.
E. DEVELOPMENT AGREEMENT REVIEW STANDARDS
1. For consideration of the Town to participate in a development agreement, a development
subject to the agreement shall comply with the applicable standards in Section 160A-400.25
of the North Carolina General Statutes.
2. The development shall demonstrate the impact on existing and future provisions of capital
improvements by the Town, including at least one of the following: transportation, potable
water, sanitary sewer, solid waste, stormwater management, educational, parks and
recreation, and health systems and facilities.
3. The Town may not exercise any authority or make any commitment that is unauthorized by
general or local act, and may not impose any unauthorized tax or fee.
F. ANNUAL REVIEW
During any period of time in which a permit or development approval subject to a development
agreement is active, the Zoning Administrator shall review the development at least once every
year for compliance with the agreement and file a report with the Board of Commissioners.
G. AMENDMENT
1. MUTUAL CONSENT
A development agreement may be amended or canceled by mutual consent of the parties to
the agreement or by their successors in interest.
2. MATERIAL CHANGES ARE AMENDMENTS
Chapter 154 - Zoning Code Page 27

Section 2.4 Specific Procedures - Subsection 2.4.4 Development Agreement
Consideration of a proposed material change of a development agreement beyond the scope
of a minor change shall be reviewed and considered in accordance with the procedures and
standards established for the original approval of a development agreement.
H. EXPIRATION
A development agreement shall run for the duration of its term unless the agreement is
terminated.
I. APPEAL
1. Any decision by the BOC shall be subject to review by the Superior Court of Franklin County.
2. Petitions for review must be filed with the Clerk of Court within 30 days of the date the
decision is filed in the office of the Zoning Administrator and delivered by personal delivery,
electronic mail, or first-class mail to the applicant, landowner, and to any person who has
submitted a written request for a copy, prior to the date the decision becomes effective.
Chapter 154 - Zoning Code Page 28

Section 2.4 Specific Procedures - Subsection 2.4.5 Interpretation
2.4.5 INTERPRETATION
A. PURPOSE
The purpose for this interpretation procedure is to provide a process where an applicant may
request documentation from a Town staff member regarding the meaning of language in this
Ordinance, boundaries on the Official Zoning Map, or conditions of an approval.
B. APPLICABILITY
The Zoning Administrator is responsible for written interpretations of all provisions of this
Ordinance, including, but not limited to:
1. Interpretations of the meaning of the text;
2. Interpretations of the zoning district boundaries on the Official Zoning Map;
3. Interpretations of whether an unlisted use in Table 4.1.7, Principal Use Table, is comparable
to a listed use or not, and should be allowed in a zoning district or prohibited in that district;
and
4. Interpretations of compliance with a condition of approval.
C. INTERPRETATIONS DISTINGUISHED
1. Only formal interpretations issued in accordance with this procedure are subject to appeal as
an administrative decision.
2. Any written or oral interpretations that do not meet the strict requirements of this section are
advisory interpretations.
3. Advisory interpretations have no binding effect and are not considered administrative
decisions subject to appeal.
D. INTERPRETATION PROCEDURE
1. Interpretations shall be processed as a Type 1 review process in accordance with Section
2.3.8, Review Process.
2. Prior to rendering an interpretation, the Zoning Administrator may consult with the Town
Attorney and other affected Town officials.
E. INTERPRETATION REVIEW STANDARDS
1. ZONING DISTRICT MAP BOUNDARIES
Interpretation of zoning district boundaries on the Official Zoning Map shall be in accordance
with the Town's adopted policy guidance, and all of the following:
(a) Boundaries shown as approximately following a utility line or a street, alley, or other
public access way shall be interpreted as following the centerline of the right-of-way or
easement for the utility line or access way.
(b) If a street, alley, or utility easement forming the boundary between two separate zoning
districts is abandoned or removed from dedication, the zoning district boundaries shall be
construed as following the centerline of the abandoned or vacated roadbed or utility
easement.
(C) Boundaries shown as approximately following a lot line shall be interpreted as following
the lot line as it existed when the boundary was established. If a subsequent minor
adjustment (such as from settlement of a boundary dispute or overlap) results in the lot
line moving 10 feet or less, the zoning boundary shall be interpreted as moving with the
lot line.
(d) Boundaries shown as approximately following the centerline of a stream, shoreline,
canal, lake, or other waterbody shall be interpreted as following the centerline of the
waterbody as it actually exists, and as moving with that centerline to the extent the
waterbody moves as a result of natural processes (flooding, erosion, sedimentation, etc.).
(e) Boundaries shown parallel to or as extensions of features indicated in this subsection
shall be interpreted as such.
Chapter 154 - Zoning Code Page 29

Section 2.4 Specific Procedures - Subsection 2.4.5 Interpretation
(f) If the specific location of a depicted boundary cannot be determined from application of
the above standards, it shall be determined by using the Official Zoning Map's scale to
determine the boundary's distance from other features shown on the map.
(g) Where the actual location of existing physical or natural features vary from that shown on
the Official Zoning Map, or in other circumstances are not covered by this subsection, the
Zoning Administrator shall have the authority to determine the district boundaries.
(h) Wherever a single lot is located within two or more different zoning districts, each portion
of the lot shall be subject to all the regulations applicable to the zoning district where it is
located.
2. UNLISTED USES
Interpretation of whether an unlisted use is similar to a use identified Table 4.1.7, Principal
Use Table, shall consider consistency with the Town's adopted policy guidance and all of the
following standards:
(a) The function, product, or physical characteristics of the use;
(b) The impact on adjacent lands created by the use;
(C) The type, size, and nature of buildings and structures associated with the use;
(d) The type of sales (retail, wholesale), and the size and type of items sold and displayed on
the premises;
(e) The types of items stored (such as vehicles, inventory, merchandise, chemicals,
construction materials, scrap and junk, and raw materials including liquids and powders);
(f) The volume and type of vehicle traffic generated by the use, and the parking demands of
the use;
(g) Any processing associated with the use, including assembly, manufacturing,
warehousing, shipping, distribution, and whether it occurs inside or outside a building;
(h) How the use is treated in the North American Industrial Classification System (NAICS)
manual;
(i) Any dangerous, hazardous, toxic, or explosive materials associated with the use;
(j) The amount and nature of any nuisances generated on the premises, including but not
limited to noise, smoke, odor, glare, vibration, radiation, and fumes; and
(k) Any prior interpretations made by the Zoning Administrator or decisions made by the
BOA.
3. UNDEFINED TERMS
If a term in this Ordinance is undefined or the meaning is unclear, the Zoning Administrator
may interpret the term based upon appropriate definitions in any of the following sources:
(a) Planning -related definitions in publications prepared or offered by the American Planning
Association or the Urban Land Institute;
(b) The Oxford Dictionary of Construction, Surveying, and Civil Engineering;
(C) The North Carolina General Statutes;
(d) The North Carolina Administrative Code;
(e) The State Building Code;
(f) Black's Law Dictionary; or
(g) Other professionally -accepted source.
4. TEXT PROVISIONS
Interpretation of this text and approved applications shall be based on the standards in
Section 8.1, General Rules for Interpretation, and all of the following considerations:
(a) When the legislative intent of a provision is unclear, the Zoning Administrator shall
consider the clear and plain meaning of the provision's wording, as defined by the
meaning and significance given specific terms used in the provision —as established in
Section 8.2, Definitions, and by the common and accepted usage of the term;
Chapter 154 - Zoning Code Page 30

Section 2.4 Specific Procedures - Subsection 2.4.5 Interpretation
(b) The intended purpose of the provision, as indicated by purpose statements, its context
and consistency with surrounding and related provisions, and any legislative history
related to its adoption;
(C) The general purposes served by this Ordinance, as set forth in Section 1.7, General
Purpose and Intent; and
(d) Consistency with the Town's adopted policy guidance.
F. EFFECT
1. GENERAL
(a) A written interpretation shall be binding on subsequent decisions by the Zoning
Administrator or other administrative officials in applying the same provision of this
Ordinance or the Official Zoning Map in the same circumstance, unless the interpretation
is modified in accordance with this section, the interpretation is later determined to have
been made in error, or the text of this Ordinance is amended.
(b) The Zoning Administrator shall maintain a record of written interpretations that shall be
available in the Town Hall for public inspection, on reasonable request, during normal
business hours.
2. ESTABLISHMENT OF UNLISTED USE
(a) After the Zoning Administrator determines the use category or use type in which the
unlisted use is best classified, then the unlisted use shall be subject to all applicable
requirements of that use category or use type.
(b) In the event the Zoning Administrator determines a proposed use does not fit within an
established use category in Section 4.2.2B, Use Categories, then an applicant may
propose a text amendment in accordance with Section 2.4.12, Text Amendment, to
establish the proposed use. Until final action is taken on the text amendment, the Zoning
Administrator's decision shall be binding.
G. APPEAL
Appeal of a decision on an interpretation shall be reviewed and decided in the nature of certiorari
by the BOA in accordance with Section 2.4.3, Appeal.
Chapter 154 - Zoning Code Page 31

Section 2.4 Specific Procedures - Subsection 2.4.6 Planned Development
2.4.6 PLANNED DEVELOPMENT
A. PURPOSE
The purpose for this planned development procedure is to provide a uniform means for amending
the Official Zoning Map to establish a Planned Development (PD) zoning district. The Planned
Development district creates opportunities for master planned development that is developed
under unified control in accordance with more flexible standards that are conducive to creating
mixed -use, pedestrian -oriented development that makes efficient use of land while protecting
natural resources. It is the intent of these standards to allow an applicant to propose a wide
variety of allowable uses and to allow the flexible application of some of the development
standards in Article 154.5: Standards, in return for a higher quality of development with more
amenities than might otherwise result from a strict application of the standards in this Ordinance.
B. APPLICABILITY
A planned development district may be established on any land in the Town's planning
jurisdiction of at least five acres in area.
C. PLANNED DEVELOPMENT PROCEDURE
Planned development applications shall be treated as a rezoning and processed as a Type 2
review process in accordance with Section 2.3.8, Review Process.
D. APPLICATION
1. The application shall include a master plan depicting the general configuration and
relationship of the principal elements of the proposed development, including uses, general
building types, density/intensity, resource protection, pedestrian and vehicular circulation,
open space, public facilities, and phasing.
2. The application shall also include a statement of terms and conditions document that
identifies how the proposed development will meet or exceed the standards in Section 3.3,
Planned Development District, the range of uses to be located within the planned
development, how any required environmental mitigation will take place, and how public
facilities will be provided to serve the planned development.
E. DECISION BY BOARD OF COMMISSIONERS
1. The decision shall be based on the recommendation of the Planning Board and the standards
in Section 2.4.6F. Planned Development Review Standards.
2. The decision shall be one of the following:
(a) Adoption of the planned development district as proposed;
(b) Adoption of a revised planned development district;
(C) Denial of the planned development district; or
(d) Remand of the planned development district application to the Planning Board for further
consideration.
3. In making its decision, the Board of Commissioners shall adopt a written statement including
each of the following:
(a) Whether the planned development application (and associated rezoning) is approved,
denied, or remanded; and
(b) The degree to which the planned development application (and associated rezoning) is or
is not consistent with the Town's adopted policy guidance; and
(C) The ways in which the planned development application (and associated rezoning) is or
is not consistent with the Town's adopted policy guidance; and
(d) Whether approval of the planned development application also amends or does not
amend the Town's adopted policy guidance; and
(e) If the adopted policy guidance is amended as part of the application approval, a
description of the change in conditions to meet the development needs of the Town that
were taken into account as part of the approval; and
Chapter 154 - Zoning Code Page 32

Section 2.4 Specific Procedures - Subsection 2.4.6 Planned Development
(f) An explanation of why the action taken is reasonable; and
(g) An explanation of why the action taken is in the public interest.
F. PLANNED DEVELOPMENT REVIEW STANDARDS
The advisability of amending the Official Zoning Map to establish a planned development district
is a matter committed to the legislative discretion of the Board of Commissioners and is not
controlled by any one factor. In determining whether to adopt or deny a planned development,
the Board of Commissioners may consider the standards in Section 2.4.71-1, Rezoning Review
Standards, and the standards for the PD district in Section 3.3, Planned Development District.
G. DESIGNATION ON OFFICIAL ZONING MAP
Designation of a PD zoning district on the Official Zoning Map shall note the ordinance number
approving the PD zoning classification.
H. EFFECT
1. Lands rezoned to a PD district shall be subject to the approved PD master plan and the
approved PD terms and conditions.
2. The master plan and terms and conditions are binding on the land as an amendment to the
Official Zoning Map.
3. The applicant may apply for and obtain subsequent development permits and approvals
necessary to implement the PD master plan in accordance with the appropriate procedures
and standards set forth in this Ordinance.
4. Any permits or approvals shall comply with the PD master plan and the PD terms and
conditions.
5. Only those portions of the development subject to an approved PD master plan and PD terms
and conditions shall be included in development activities.
AMENDMENT
1. MINOR CHANGES
(a) Subsequent plans and permits for development within a planned development district
may include minor changes to the approved master plan map or statement of terms and
conditions, provided the development continues to meet the minimum requirements of
this Ordinance. Minor changes are limited to changes that have no material effect on the
character of the planned development or changes that address technical considerations
that could not reasonably be anticipated at the time of the planned development
approval.
(b) The following minor changes may be approved by the Zoning Administrator:
(1) Changes to the location of entrances or driveways, the rearrangement of internal
streets, turn lanes, drives, or access restrictions;
(2) Changes to the configuration of parking areas;
(3) Changes to the configuration or location of open space or placement of required
amenities;
(4) Changes to the configuration of landscape yards, including types of materials;
(5) Changes to the proposed building elevation or facade, including materials, provided
that the change retains the same general architectural character;
(6) Changes in the proportion of housing types by up to 15 percent; and
(7) Changes to the arrangement or location of buildings provided there is no increase in
the number of buildings or size.
2. SIGNIFICANT CHANGES CONSIDERED AMENDMENTS
(a) Changes that materially affect the basic concept of the planned development master plan
map or basic parameters establishing the terms and conditions or that exceed the scope
of a minor change are considered amendments. Amendments include, but are not limited
to:
Chapter 154 - Zoning Code Page 33

Section 2.4 Specific Procedures - Subsection 2.4.6 Planned Development
(1) Changes in use designations;
(2) Density/intensity increases;
(3) Decreases in open space;
(4) Substantial changes in the location of streets (particularly if streets are to be deleted
or access points to the development moved so traffic flows both inside and outside
the development are affected);
(5) Change in the location of any public easement; or
(6) Change in the proportion of housing types by more than 15 percent.
(b) Amendments shall be reviewed and considered in accordance with the procedures and
standards established for the original approval of a planned development application.
J. EXPIRATION
A planned development district designation shall not expire. However, if no application for
approval of a preliminary plat or site plan for any part of an approved PD master plan is submitted
within two years after approval of the planned development, the Town may, in its sole discretion,
initiate a rezoning application to rezone the land from planned development back to its prior
zoning classification or any other general zoning classification, as determined to be appropriate.
Such time period shall not be extended with transfer of ownership.
K. APPEAL
1. Any decision by the BOC shall be subject to review by the Superior Court of Franklin County.
2. Petitions for review must be filed with the Clerk of Court within 30 days of the date the
decision is filed in the office of the Zoning Administrator and delivered by personal delivery,
electronic mail, or first-class mail to the applicant, landowner, and to any person who has
submitted a written request for a copy, prior to the date the decision becomes effective.
Chapter 154 - Zoning Code Page 34

Section 2.4 Specific Procedures - Subsection 2.4.7 Rezoning
2.4.7 REZONING
A. PURPOSE
This section provides a uniform means for reviewing and deciding proposed amendments to the
Official Zoning Map whenever the public necessity, general welfare, the Town's adopted policy
guidance, or appropriate land use practices justify or require doing so.
B. APPLICABILITY
This procedure sets out the requirements for amendments to the zoning district designation of
land within the Town's planning jurisdiction as well as for land coming into the Town's planning
jurisdiction via annexation in accordance with the standards in Sections 160A-382 through 160A-
385 of the North Carolina General Statutes.
C. REZONING PROCEDURES DISTINGUISHED
1. This rezoning procedure shall be used in the consideration of traditional rezoning
applications.
2. Conditional rezoning applications are rezoning applications that include conditions suggested
by the applicant. Conditional rezoning applications shall not be processed by the Town.
D. REZONING PROCEDURE
Rezoning applications shall be processed as a Type 2 review process in accordance with Section
2.3.8, Review Process.
E. APPLICATIONS, GENERALLY
A rezoning application may be filed by anyone in accordance with Section 2.3.4A, Authority to
File Applications.
F. CHANGES TO APPLICATION
The applicant may make changes, including changes recommended by the Planning Board or the
Board of Commissioners, to the rezoning application at any time prior to the BOC's decision. The
applicant may only propose changes in accordance with the following:
1. Changes shall be made in writing to the Zoning Administrator; and
2. Changes shall be signed by all landowners or their agents.
G. DECISION BY BOARD OF COMMISSIONERS
1. The decision shall be based on the recommendation of the Planning Board and the standards
in Section 2.4.71-1, Rezoninq Review Standards.
2. The decision shall be one of the following:
(a) Adoption of the rezoning as proposed;
(b) Adoption of a revised rezoning application;
(C) Adoption of a rezoning to a zoning district of lesser intensity;
(d) Denial of the rezoning; or
(e) Remand of the rezoning application to the Planning Board for further consideration.
3. In making its decision, the Board of Commissioners shall adopt a written statement including
each of the following:
(a) Whether the rezoning is approved, denied, or remanded; and
(b) The degree to which the rezoning is or is not consistent with the Town's adopted policy
guidance; and
(C) The ways in which the rezoning is or is not consistent with the Town's adopted policy
guidance; and
(d) Whether approval of the rezoning also amends or does not amend the Town's adopted
policy guidance; and
Chapter 154 - Zoning Code Page 35

Section 2.4 Specific Procedures - Subsection 2.4.7 Rezoning
(e) If the adopted policy guidance is amended as part of the application approval, a
description of the change in conditions to meet the development needs of the Town that
were taken into account as part of the approval; and
(f) An explanation of why the action taken is reasonable; and
(g) An explanation of why the action taken is in the public interest.
H. REZONING REVIEW STANDARDS
The advisability of modifying the Official Zoning Map through approval of a rezoning application is
a matter committed to the legislative discretion of the Board of Commissioners and is not
controlled by any one factor. In determining to approve or deny a rezoning, the BOC may
consider the following standards:
1. Whether and the extent to which the proposed rezoning is appropriate for its proposed
location, and is consistent with the Town's adopted policy guidance;
2. Whether an approval of the rezoning is reasonable and in the public interest;
3. Whether there have been changes in the type or nature of development in the area of the
proposed rezoning that support the application;
4. Whether the proposed rezoning will likely result in development that promotes a logical,
preferred, and orderly development pattern; and
5. Any other factor deemed appropriate by the Board of Commissioners.
I. DESIGNATION ON THE OFFICIAL ZONING MAP
The Zoning Administrator shall make changes to the Official Zoning Map promptly after approval
of a rezoning application by the Board of Commissioners.
J. EFFECT
Rezonings are perpetually binding on the land as an amendment to this Ordinance and the
Official Zoning Map, and may only be changed in accordance with the procedure established in
Section 2.4.7, Rezoning, or Section 2.4.6, Planned Development.
K. AMENDMENT
Amendment of an approved rezoning may only be reviewed and considered in accordance with
the procedures and standards established for its original approval.
L. APPEAL
1. Any decision by the BOC shall be subject to review by the Superior Court of Franklin County.
2. Petitions for review must be filed with the Clerk of Court within 30 days of the date the
decision is filed in the office of the Zoning Administrator and delivered by personal delivery,
electronic mail, or first-class mail to the applicant, landowner, and to any person who has
submitted a written request for a copy, prior to the date the decision becomes effective.
Chapter 154 - Zoning Code Page 36

Section 2.4 Specific Procedures - Subsection 2.4.8 Site Plan, Major
2.4.8 SITE PLAN, MAJOR
A. PURPOSE
The purpose for the major site plan procedure is to establish a consistent and predictable process
for the review of proposed complex forms of development through a graphical representation of
the proposal.
B. APPLICABILITY
1. Major site plan review is required for the following forms of development:
(a) New non-residential or mixed -use development;
(b) New multi -family development;
(C) New single-family attached development;
(d) Establishment or expansion of an existing manufactured home park; or
(e) Expansions to existing non-residential, mixed -use, or multi -family development that
exceed 20 percent of existing floor or outdoor use area or that require additional off-street
parking or landscaping.
2. All other forms of development are subject to the standards in Section 2.4.9, Site Plan, Minor.
C. PROCEDURE
Major site plans shall be processed as a Type 2 review process in accordance with Section 2.3.8,
Review Process, except that the Planning Board shall not review the application.
D. DECISION BY BOARD OF COMMISSIONERS
1. The decision shall be based on the recommendation of the Planning Board and the standards
in Section 2.4.8E, Maior Site Plan Review Standards.
2. The decision shall be one of the following:
(a) Approval of the major site plan, as submitted;
(b) Approval of a revised major site plan; or
(C) Denial of the major site plan.
E. MAJOR SITE PLAN REVIEW STANDARDS
An application for a major site plan shall be approved, provided it complies with all of the
following:
1. All standards or conditions of any prior applicable permits and development approvals;
2. The requirement that the lot is already served by a NCDOT-maintained roadway or a right-of-
way constructed to and maintained in accordance with NCDOT standards;
3. The requirement for all lots to be certified by Franklin County Health Department as capable
of accommodating the wastewater generated from the proposed use, in cases when the lot(s)
is not served by a centralized wastewater system;
4. All applicable requirements of this Ordinance and the Town Code of Ordinances; and
5. All applicable County, State, and federal requirements.
F. EFFECT
1. GENERAL
Approval of a major site plan authorizes the submittal of construction plans for public
infrastructure, if applicable, and the submittal of an application for a zoning authorization, in
accordance with Section 2.4.15, Zoning Authorization.
2. PHASED DEVELOPMENT
In the cases of phased development, major site plans shall include all necessary public
improvements within the phase as well as those outside the phase that are necessary to
serve the development within that phase.
3. PERFORMANCE GUARANTEES
Chapter 154 - Zoning Code Page 37

Section 2.4 Specific Procedures - Subsection 2.4.8 Site Plan, Major
All public or required private improvements (like stormwater management facilities) that have
not been installed by the developer, inspected, and accepted (as appropriate) shall be
subject to the standards for a performance guarantee in accordance with Chapter 153 of the
Town Code of Ordinances.
G. AMENDMENT
1. MINOR CHANGES
(a) Subsequent revisions to approved site plans may include minor changes, provided the
development continues to meet the minimum requirements of this Ordinance. Minor
changes are limited to changes that have no material effect on the character of the
development or changes that address technical considerations that could not reasonably
be anticipated at the time of the site plan approval.
(b) The following minor changes may be approved by the Zoning Administrator:
(1) Changes to the location of entrances or driveways, the rearrangement of internal
streets, turn lanes, drives, or access restrictions;
(2) Changes to the configuration of parking areas, but not the number of parking spaces;
(3) Changes to the configuration or location of open space or placement of required
amenities, provided the amount of open space (whether passive or active) is
unchanged;
(4) Changes to the configuration of landscape yards, including types of materials,
provided minimum width and planting requirements are met;
(5) Changes to the proposed building elevation or facade, including materials, provided
that the change retains the same general architectural character; and
(6) Changes to the arrangement or location of buildings provided there is no increase in
the number of buildings, size, or amount of impervious surface.
2. SIGNIFICANT CHANGES CONSIDERED AMENDMENTS
(a) Changes that materially affect the basic concept of the development or that exceed the
scope of a minor change in the opinion of the Zoning Administrator are considered
amendments. Amendments include, but are not limited to:
(1) Changes in use designations;
(2) Density/intensity increases;
(3) Decreases in open space;
(4) Substantial changes in the location of streets (particularly if streets are to be deleted
or access points to the development moved so traffic flows both inside and outside
the development are affected); or
(5) Change in the location of any public easement.
(b) Amendments shall be reviewed and considered in accordance with the procedures and
standards established for the original approval of a site plan application.
H. EXPIRATION
Major site plan approval shall expire and become null and void if the development approved in
the major site plan does not commence within two years of issuance of the site plan approval.
APPEAL
1. Any decision by the BOC shall be subject to review by the Superior Court of Franklin County
by proceedings in the nature of certiorari and in accordance with Section 160A-393 of the
North Carolina General Statutes.
2. Petitions for review must be filed with the Clerk of Court within 30 days of the date the
decision is delivered by personal delivery, electronic mail, or first-class mail to the applicant,
landowner, and to any person who has submitted a written request for a copy, prior to the
date the decision becomes effective.
Chapter 154 - Zoning Code Page 38

Section 2.4 Specific Procedures - Subsection 2.4.9 Site Plan, Minor
2.4.9 SITE PLAN, MINOR
A. PURPOSE
The purpose for the minor site plan procedure is to establish a consistent and predictable process
for the review of proposed development through a graphical representation of the proposal.
B. APPLICABILITY
Minor site plan review is required for the following forms of development:
1. New duplex, triplex, or quadraplex development; and
2. Expansions to existing non-residential, mixed -use, or multi -family development of 20 percent
or less of existing floor or outdoor use area.
C. EXEMPTIONS
1. The following forms of development are exempted from minor site plan review:
(a) Construction of a single-family detached dwelling on an individual lot;
(b) Establishment of an accessory use or structure; and
(C) Changes of use that do not result in the need for additional parking spaces, additional
screening, differing stormwater practices, or additional landscaping.
2. Development exempted from minor site plan review shall obtain a zoning authorization (see
Section 2.4.15, Zoninq Authorization) and a building permit in accordance with the State
Building Code, and is still subject to other provisions of this Ordinance, as appropriate.
D. PROCEDURE
Minor site plans shall be processed as a Type 1 review process in accordance with Section 2.3.8,
Review Process.
E. DECISION BY ZONING ADMINISTRATOR
The decision on a minor site plan shall be made by the Zoning Administrator based on the
standards in Section 2.4.9F, Minor Site Plan Review Standards.
F. MINOR SITE PLAN REVIEW STANDARDS
An application for a minor site plan shall be approved, provided it complies with all of the
following:
1. All standards or conditions of any prior applicable permits and development approvals;
2. The requirement that the lot is already served by a NCDOT-maintained roadway or a right-of-
way constructed to and maintained in accordance with NCDOT standards;
3. The requirement for all lots to be certified by Franklin County Health Department as capable
of accommodating the wastewater generated from the proposed use, in cases when the lot(s)
is not served by a centralized wastewater system;
4. All applicable requirements of this Ordinance and the Town Code of Ordinances; and
5. All applicable County, State, and federal requirements.
G. EFFECT
Approval of a minor site plan authorizes the submittal of construction plans for public
infrastructure, if applicable, and the submittal of an application for a zoning authorization, in
accordance with Section 2.4.15, Zoninq Authorization.
H. AMENDMENT
Amendment of a minor site plan may only be reviewed and considered in accordance with the
procedures and standards established for its original approval.
I. EXPIRATION
Minor site plan approval shall expire and become null and void if the development approved in
the minor site plan does not commence within two years of issuance of the site plan approval.
Chapter 154 - Zoning Code Page 39

Section 2.4 Specific Procedures - Subsection 2.4.9 Site Plan, Minor
I APPEAL
Appeal of a decision on a minor site plan shall be reviewed and decided in the nature of certiorari
by the BOA in accordance with Section 2.4.3, Appeal.
Chapter 154 - Zoning Code Page 40

Section 2.4 Specific Procedures - Subsection 2.4.10 Special Use Permit
2.4.10 SPECIAL USE PERMIT
A. PURPOSE
This section sets out the procedure for consideration of an application for a special use permit. A
special use is a use that may be appropriate in a zoning district, but because of its nature, extent,
and external effects, requires special consideration of its location, design, and methods of
operation before it can be deemed appropriate in the district and compatible with its surroundings.
B. APPLICABILITY
Uses identified as requiring a special use in Table 4.1.7 Principal Use Table, shall be approved
as a special use in accordance with the procedures and standards of this section, prior to
development.
C. SPECIAL USE PERMIT PROCEDURE
Applications for a special use permit shall be processed as a Type 3 review process in
accordance with Section 2.3.8, Review Process.
D. SITE PLAN REQUIRED
An application for a special use permit shall include a site plan depicting the proposed use and
site configuration.
E. DECISION BY BOARD OF ADJUSTMENT
1. The decision shall be based on the competent, material, and substantial evidence in the
record, as supplemented by arguments presented at the quasi-judicial hearing, and the
standards in Section 2.4.1 OF, Special Use Permit Review Standards.
2. The decision shall be one of the following:
(a) Approval of the special use permit, as submitted;
(b) Approval of a revised special use permit; or
(C) Denial of the special use permit.
F. SPECIAL USE PERMIT REVIEW STANDARDS
A special use permit shall be approved upon a finding that the applicant demonstrates the
proposed special use:
1. Will not materially endanger the public health or safety if located where proposed; and
2. Complies with all required standards, conditions, and specifications of this Ordinance,
including Article 154.4: Uses; and
3. Will not substantially injure the value of the abutting land, or the special use is a public
necessity; and
4. Will be in harmony with the area in which it is to be located; and
5. Is in general conformity with the Town's adopted policy guidance; and
6. Is configured to ensure pedestrian and vehicular safety; and
7. Does not result in conditions where public facilities and services are inadequate to serve the
proposed use.
G. CONDITIONS OF APPROVAL
1. The BOA may apply conditions of approval to assure that the use will be harmonious with the
area where proposed and consistent with the purpose and intent of this Ordinance.
2. The BOA may apply conditions limiting the permit to a specified duration or may place limits
on the availability of proposed residential dwelling units to coincide with the provision or
maintenance of adequate public facilities.
3. All conditions shall be identified in the approval, the notice of decision, and on any associated
site plans.
Chapter 154 - Zoning Code Page 41

Section 2.4 Specific Procedures - Subsection 2.4.10 Special Use Permit
H. EFFECT
1. A special use permit and an associated site plan approval are perpetually binding and run
with the land, unless amended.
2. An action invalidating a special use permit condition of approval for any reason (such as
exceeding maximum allowable intensity or hours of operation limitation) shall render the
entire special use permit null and void.
I. AMENDMENT
Amendments of a special use permit may only be reviewed and considered in accordance with
the procedures and standards established for its original approval.
J. EXPIRATION
Special use permit approval shall expire and become null and void if a zoning authorization (see
Section 2.4.15, Zoninq Authorization) is not obtained within six months of issuance of the
approval, unless a longer term is specified in the conditions of approval.
K. APPEAL
1. Any decision by the BOA shall be subject to review by the Superior Court of Franklin County
by proceedings in the nature of certiorari and in accordance with Section 160A-393 of the
North Carolina General Statutes.
2. Petitions for review must be filed with the Clerk of Court within 30 days of the date the
decision is filed in the office of the Zoning Administrator and delivered by personal delivery,
electronic mail, or first-class mail to the applicant, landowner, and to any person who has
submitted a written request for a copy, prior to the date the decision becomes effective.
Chapter 154 - Zoning Code Page 42

Section 2.4 Specific Procedures - Subsection 2.4.11 Temporary Use Permit
2.4.11 TEMPORARY USE PERMIT
A. PURPOSE
This section allows for the establishment of specific temporary uses of limited duration, provided
that such uses do not negatively affect adjacent land, and provided that such temporary uses are
discontinued upon the expiration of the established time period. Temporary uses shall not involve
the construction or alteration of any permanent building or structure.
B. APPLICABILITY
The standards in this section apply to non -permanent uses that take place on a temporary basis
whether on the same site or in different locations in the jurisdiction.
C. TEMPORARY USE PERMIT PROCEDURE
Temporary use permits shall be processed as a Type 1 review process in accordance with
Section 2.3.8, Review Process.
D. DECISION BY ZONING ADMINISTRATOR
The decision on a temporary use permit shall be made by the Zoning Administrator based on the
standards in Section 2.4.11 E, Temporary Use Permit Review Standards.
E. TEMPORARY USE PERMIT REVIEW STANDARDS
An application for a temporary use permit shall be approved, provided it complies with all of the
following:
1. The applicant has written permission from the landowner, or is otherwise authorized to make
use of the land;
2. The applicant has obtained the appropriate permits from the Town and other agencies;
3. The temporary use complies with the requirements for temporary signs in Section 5.5,
Signage (if signage is proposed);
4. The temporary use meets public utility and Town requirements for proper connection to
water, sewer, electrical, and other utility service connections, as applicable;
5. The temporary use does not violate the applicable conditions of approval that apply to a site
or use on the site;
6. The temporary use does not result in a situation where the principal use, if present, fails to
comply with the standards of this Ordinance;
7. The proposed site contains sufficient land area for the temporary use and for the parking and
traffic movement associated with the temporary use, without impacting environmentally
sensitive lands; and
8. The temporary use is located outside a special flood hazard area.
F. AMENDMENT
Amendment to an approved temporary use may only be reviewed and considered in accordance
with the procedures and standards established for its original approval.
G. EXPIRATION
An approval of a temporary use permit is valid for not more than six months.
H. APPEAL
Appeal of a decision on a temporary use permit shall be reviewed and decided in the nature of
certiorari by the BOA in accordance with Section 2.4.3, Appeal.
Chapter 154 - Zoning Code Page 43

Section 2.4 Specific Procedures - Subsection 2.4.12 Text Amendment
2.4.12 TEXT AMENDMENT
A. PURPOSE
This section provides a uniform means for amending the text of this Ordinance whenever the
Board of Commissioners determines it is necessary to do so.
B. APPLICABILITY
The standards and requirements of this section shall apply to applications to revise the text of this
Ordinance.
C. TEXT AMENDMENT PROCEDURE
Text amendments shall be processed as a Type 2 review process in accordance with Section
2.3.8, Review Process.
D. DECISION BY BOARD OF COMMISSIONERS
1. The decision shall be based on the recommendation of the Planning Board, and the
standards in Section 2.4.12E, Text Amendment Review Standards.
2. The decision shall be one of the following:
(a) Adoption of the text amendment as proposed;
(b) Adoption of a revised text amendment application;
(C) Denial of the text amendment; or
(d) Remand of the text amendment application to the Planning Board for further
consideration.
3. In making its decision, the Board of Commissioners shall adopt a written statement including
each of the following:
(a) Whether the text amendment is approved, denied, or remanded; and
(b) The degree to which the text amendment is or is not consistent with the Town's adopted
policy guidance; and
(C) The degree to which the text amendment is or is not consistent with the Town's adopted
policy guidance; and
(d) Whether approval of the text amendment also amends or does not amend the Town's
adopted policy guidance; and
(e) If the adopted policy guidance is amended as part of the application approval, a
description of the change in conditions to meet the development needs of the Town that
were taken into account as part of the approval; and
(f) An explanation of why the action taken is reasonable; and
(g) An explanation of why the action taken is in the public interest.
E. TEXT AMENDMENT REVIEW STANDARDS
The advisability of amending the text of this Ordinance is a matter committed to the legislative
discretion of the Board of Commissioners and is not controlled by any one factor. In determining
whether to adopt or deny the proposed text amendment, the Board of Commissioners may, but is
not required to consider whether and the extent to which the proposed text amendment:
1. Is consistent with the Town's adopted policy guidance;
2. Is not in conflict with any provision of this Ordinance or the Town Code of Ordinances;
3. Is required by changed conditions;
4. Addresses a demonstrated community need;
5. Addresses an unforeseen matter not present when the Ordinance was adopted;
6. Is consistent with the purpose and intent of the zoning districts in this Ordinance, or would
improve compatibility among uses and ensure efficient development within the Town;
7. Would result in a logical and orderly development pattern;
8. Addresses other factors determined to be relevant by the Board of Commissioners; and
9. Would not result in significantly adverse impacts on the natural environment.
Updated:Town of Franklinton, NC Last
Chapter 154 - Zoning Code Page 44

Section 2.4 Specific Procedures - Subsection 2.4.12 Text Amendment
F. REVISIONS TO THIS ORDINANCE
The Zoning Administrator shall make changes to the text of this Ordinance promptly after
approval of a text amendment application by the Board of Commissioners.
G. AMENDMENT
A text amendment shall not be further amended.
H. EXPIRATION
A text amendment shall not expire.
I. APPEAL
1. Any decision by the Board of Commissioners shall be subject to review by the Superior Court
of Franklin County.
2. Petitions for review must be filed with the Clerk of Court within 30 days of the date the
decision is filed in the office of the Zoning Administrator and delivered by personal delivery,
electronic mail, or first-class mail to the applicant, landowner, and to any person who has
submitted a written request for a copy, prior to the date the decision becomes effective.
Chapter 154 - Zoning Code Page 45

Section 2.4 Specific Procedures - Subsection 2.4.13 Variance
2.4.13 VARIANCE
A. PURPOSE
The purpose of this section is to allow certain deviations from the dimensional standards of this
Ordinance (such as height, setback, lot coverage, or similar numerical standards) or other
provisions of the watershed protection standards when the landowner demonstrates that, due to
special circumstances or conditions beyond the landowner's control (such as topographical
conditions, narrowness, shallowness, or shape of a specific parcel of land), a literal application of
the standards would result in undue and unique hardship to the landowner and the deviation
would not be contrary to the public interest.
B. APPLICABILITY
1. Development that would otherwise be subject to undue and unique hardship from the
applications of the standards in this Ordinance may seek relief from the standards in
accordance with this section.
2. The standards in this section shall be used in the consideration of variance requests from the
standards in Section 3.4.6 Watershed Overlay District.
3. No variance may be sought for uses not allowed in a zoning district.
C. VARIANCE PROCEDURE
1. Variances (including minor watershed variances) shall be processed as a Type 3 review
process in accordance with Section 2.3.8, Review Process.
2. Major watershed variance requests shall be forwarded to the NC Environmental Management
Commission for final decision following review by the BOA in accordance with this section.
3. In cases where the BOA denies a major watershed variance application, the application shall
not be forwarded to the NC Environmental Management Commission.
D. DECISION BY BOARD OF ADJUSTMENT
1. The concurring vote of four -fifths of the BOA shall be necessary to grant a variance.
2. The decision shall be based on the competent, material, and substantial evidence in the
record as supplemented by arguments presented at the quasi-judicial hearing, and the
standards in Section 2.4.13E, Variance Review Standards.
3. The decision shall be one of the following:
(a) Approval of the variance as proposed;
(b) Approval of the variance with revisions; or
(C) Denial of the variance.
4. Each decision shall be made in writing and reflect the BOA's determination of contested facts
and their application to the standards in this Ordinance.
5. The written decision shall be signed by the Chair or other duly authorized member of the
BOA.
6. The decision of the BOA shall be effective upon the filing of the written decision.
E. VARIANCE REVIEW STANDARDS
1. GENERALLY
(a) REQUIRED FINDINGS
A variance application shall be approved provided on a finding the applicant
demonstrates 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
Chapter 154 - Zoning Code Page 46

Section 2.4 Specific Procedures - Subsection 2.4.13 Variance
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 landowner. The
act of purchasing property with knowledge that circumstances exist that may justify
the granting of the variance shall not be regarded as a self-created hardship.
(4) The requested variance is consistent with the spirit, purpose, and intent of this
Ordinance, such that public safety is secured, and substantial justice is achieved.
(b) ADDITIONAL CRITERIA
In addition to the making the required findings in subsection (a) above, the BOA may also
consider any of the following additional criteria:
(1) The variance approval is the minimum necessary to make possible the reasonable
use of the land, building, or structure.
(2) None of the following may be used as the basis for approving a variance:
(i) Hardships resulting from factors other than application of the relevant standards
of this Ordinance;
(ii) The fact that land or a structure may be utilized more profitably or be more
marketable with a variance; or
(iii)Financial hardship.
2. WATERSHED VARIANCES
(a) WATERSHED VARIANCES DISTINGUISHED
(1) Variances from the watershed standards shall take the form of a minor variance or a
major variance.
(2) Major variances pertain to any of the following:
(i) The relaxation, by a factor greater that 10 percent, of any management
requirement under the low density option;
(ii) The relaxation, by a factor greater than five percent, of any buffer, density or built
upon area requirement under the high density option; or
(iii)Any variation in the design, maintenance or operation requirements of a wet
detention pond or other approved stormwater management system.
(3) Minor variances pertain to a relaxation, by a factor of up to ten percent of any buffer,
density, or built -upon area requirement under the low density option.
(b) REQUIRED FINDINGS
A watershed variance shall be approved on a finding the applicant demonstrates all of the
following standards are met:
(1) The applicant can make no reasonable use of, or return from, their property if the
provisions of the Ordinance are strictly adhered to;
(2) The hardship results from application of this 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, such that compliance with provisions of this ordinance
would not allow reasonable use of the property;
(4) The applicant did not cause the hardship by knowingly or unknowingly violating this
ordinance;
(5) The variance is in harmony with the general purpose and intent of the State's water
supply watershed requirements and this Ordinance and preserves its spirit; and
(6) In granting the water -related variance, the public safety and welfare have been
assured, water quality has been protected, and substantial justice has been done.
Chapter 154 - Zoning Code Page 47

Section 2.4 Specific Procedures - Subsection 2.4.13 Variance
F. CONDITIONS OF APPROVAL
1. In granting a variance the BOA may prescribe conditions of approval that are reasonably
related to the variance to ensure compliance with the standards of this Ordinance and to
address any impacts reasonably expected to be generated by the development.
2. All conditions shall be identified in the approval, the notice of decision, and on any associated
site plans or preliminary plats.
3. If a violation or invalidation of a condition of approval occurs, the Zoning Administrator may
revoke the zoning approval for the development subject to the variance.
G. RECORDATION
One a variance application is approved, a notice of decision identifying the amount of the
approved variance and all applicable conditions of approval shall be recorded in the office of the
Register of Deeds for Franklin County.
H. EFFECT
GENERALLY
Approval of a variance authorizes only the particular regulatory relief approved by the BOA.
It does not exempt the applicant from the responsibility to obtain all other permits or
development approvals required by this Ordinance or any other applicable laws, and does not
indicate that the development for which the variance is granted should receive other permits
or development approvals under this Ordinance unless the relevant and applicable portions
of this Ordinance are met.
2. WATERSHED VARIANCE
Approval of a major watershed variance application by the BOA authorizes the BOA to
transmit the record of the decision and associated materials to the NC Environmental
Management Commission for review and final decision on the application.
I. AMENDMENT
Amendment of a variance may only be reviewed and considered in accordance with the
procedures and standards established for its original approval.
J. EXPIRATION
1. GENERALLY
A variance shall not expire.
2. WATERSHED VARIANCE
A watershed variance shall expire and become null and void if a zoning authorization for the
proposed development is not obtained within six months following approval of the watershed
variance.
K. APPEAL
1. Any decision by the BOA shall be subject to review by the Superior Court of Franklin County
by proceedings in the nature of certiorari and in accordance with Section 160A-393 of the
North Carolina General Statutes.
2. Petitions for review must be filed with the Clerk of Court within 30 days of the date the
decision is filed in the office of the Zoning Administrator and delivered by personal delivery,
electronic mail, or first-class mail to the applicant, landowner, and to any person who has
submitted a written request for a copy, prior to the date the decision becomes effective.
Chapter 154 - Zoning Code Page 48

Section 2.4 Specific Procedures - Subsection 2.4.14 Watershed Protection Permit
2.4.14 WATERSHED PROTECTION PERMIT
A. PURPOSE
This section sets out a procedure for the review of development that is located within a
designated water supply watershed area for the purpose of ensuring that potable water quality is
not negatively impacted.
B. APPLICABILITY
Except for development exempted in accordance with Section 2.4.14C, Exemptions, the following
forms of development located on land within a designated water supply watershed on the Official
Zoning Map shall be subject to the standards in this section:
1. New principal or accessory buildings or structures;
2. Moving or enlarging an existing building or structure;
3. Grading or deposition of fill; or
4. Changes of use.
C. EXEMPTIONS
The following forms of development on lands located within a designated water supply watershed
shall be exempted from the requirements of this section:
1. Continued operation of development established prior to October 1, 1993;
2. Normal or routine maintenance, but not including expansion;
3. Construction of a single-family detached dwelling on a vacant lot established prior to October
1, 1993.
D. WATERSHED PROTECTION PERMIT PROCEDURE
Watershed protection permits shall be processed as a Type 1 review process in accordance with
Section 2.3.8, Review Process.
E. DECISION BY STORMWATER ADMINISTRATOR
The decision on a watershed protection permit shall be made by the Watershed Administrator
based on the standards in Section 2.4.14F, Watershed Protection Permit Review Standards.
F. WATERSHED PROTECTION PERMIT REVIEW STANDARDS
A watershed protection permit shall be approved, provided the application complies with all of the
following:
1. The standards in Section 3.4.6 Watershed Overlay District;
2. All standards or conditions of any prior applicable permits and development approvals;
3. All applicable requirements of this Ordinance and the Town Code of Ordinances; and
4. All applicable County, State, and federal requirements.
G. EFFECT
1. Approval of watershed protection permit authorizes an applicant to apply for a zoning
authorization in accordance with Section 2.4.15, Zoning Authorization.
2. The Watershed Administrator shall certify that development approved under a watershed
protection permit complies with all applicable requirements of this ordinance prior to issuance
of a zoning approval to occupy the use, building, or structure.
H. AMENDMENT
Amendment of a watershed protection permit may only be reviewed and considered in
accordance with the procedures and standards established for its original approval.
EXPIRATION
If the work authorized by watershed protection permit is not commenced within one year from the
date of issuance, the permit shall become null and void.
Chapter 154 - Zoning Code Page 49

Section 2.4 Specific Procedures - Subsection 2.4.14 Watershed Protection Permit
I APPEAL
Appeal of a decision on a watershed protection permit shall be reviewed and decided by the BOA
in the nature of certiorari and in accordance with Section 2.4.3, Appeal.
Chapter 154 - Zoning Code Page 50

Section 2.4 Specific Procedures - Subsection 2.4.15 Zoning Authorization
2.4.15 ZONING AUTHORIZATION
A. PURPOSE
The purpose of this zoning authorization section is to establish a procedure for review of
development by the Zoning Administrator to ensure compliance with the requirements of this
Ordinance and any applicable conditions of approval prior to review of a building permit
application by Franklin County.
B. APPLICABILITY
Except for development exempted in accordance with Section 2.4.15C, Exemptions, the
establishment, erection, extension, movement, or alteration of any building or structure within the
Town's planning jurisdiction (including fences and signs) shall be subject to the standards in this
section, prior to issuance of a building permit.
C. EXEMPTIONS
The following forms of development shall be exempted from the requirements to obtain a zoning
authorization:
1. Mailboxes, excluding cluster mailboxes serving four or more dwelling units;
2. Clotheslines;
3. Well houses, dog houses, and birdhouses (but not chicken coops, which are prohibited);
4. Bird baths, fountains, and ornamental ponds of 24 inches in depth or less;
5. Flag poles and light poles, as part of a residential use;
6. Greenhouses and prefabricated storage sheds of 200 square feet or less, on the same lot as
a single-family residential use, and located behind the dwelling outside of the side or rear
yards;
7. Shade cloth structures (but not membrane structures, which require building permits);
8. Play structures for children on the same lot as a single-family residential use;
9. Prefabricated, above ground swimming pools, of 24 inches in depth or less and located in the
side it rear yard only;
10.Above ground water tanks of 100 gallons or less;
11. Signage exempted from the sign regulations of this Ordinance; and
12.Agricultural structures and principal dwelling units on land classified as a bona fide farm.
D. PROCEDURE
Zoning authorizations shall be processed as a Type 1 review process in accordance with Section
2.3.8, Review Process.
E. SUBMITTAL REQUIREMENTS
1. BASIC REQUIREMENTS
All applications shall include a plot or site plan drawn to scale, which shall clearly show all of
the following:
(a) The actual shape and dimensions of the lot to be built upon or used and total acreage in
the lot;
(b) The location of the proposed structure or use on the lot;
(C) The exact location and size of existing structures and uses;
(d) The existing and intended use of each structure or part of structure;
(e) The number of dwelling units the building is designed to accommodate, if applicable;
(f) The height and number of stories of the structure;
(g) The location and design of any off-street parking and/or loading;
(h) The location and dimensions of driveways; (driveway approval procedures are as
required by the North Carolina Department of Transportation);
(i) Name of plan preparer and date of plan preparation;
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Section 2.4 Specific Procedures - Subsection 2.4.15 Zoning Authorization
0) Location and description of landscaping, buffering, and signs; and
(k) Such other information as may be necessary for determining whether the provisions of
this section are being met.
2. ADDITIONAL REQUIREMENTS FOR MULTI -BUILDING DEVELOPMENTS
In addition to the information required in (1) above, any use, which involves the grouping of
more than one principal building, or use on the same lot shall also include all of the following
information:
(a) A vicinity map showing the relationship of the proposed development to the surrounding
area;
(b) North arrow and declination;
(C) Detailed layouts for all utilities, rights -of -way, roads, and other public infrastructure;
(d) Railroads, bridges, culverts, storm drains, wooded areas, marshes, swamps, rock
outcrops, ponds or lakes, streams or streambeds, and any other similar features affecting
the site;
(e) A copy of any proposed deed restrictions or similar covenants;
(f) For projects over an acre in size, or if otherwise required by the Zoning Administrator, a
topographic map showing vertical contours every two feet; and
(g) The names, addresses and telephone numbers of owners, mortgagees, registered
surveyors, land planners, architects, landscape architects and professional engineers
responsible for the development.
F. ZONING AUTHORIZATION REVIEW STANDARDS
A zoning authorization shall be approved, provided the application complies with all of the
following:
1. All standards or conditions of any prior applicable permits and development approvals;
2. The applicable requirements of the County health department; and
3. All applicable requirements of this Ordinance and in the Town Code of Ordinances.
G. EFFECT
1. Approval of a zoning authorization allows an applicant to file an application for a building
permit with Franklin County.
2. Copies of approved zoning authorizations shall be maintained in the office of the Zoning
Administrator and shall be available for public inspection during normal business hours.
H. AMENDMENT
Amendment to an approved zoning authorization may only be reviewed and considered in
accordance with the procedures and standards established for its original approval.
I. EXPIRATION
A zoning authorization shall expire and become null and void if the work authorized is not
commenced within six months of its approval or if the work authorized is suspended or
abandoned for a period in excess of one year.
J. APPEAL
1. Appeal of a decision on a zoning authorization shall be reviewed and decided in the nature of
certiorari by the BOA in accordance with Section 2.4.3, Appeal.
2. An appeal pertaining to a State Building Code issue shall be filed with the North Carolina
Commissioner of Insurance in accordance with Section 160A-434 of the North Carolina
General Statutes.
Chapter 154 - Zoning Code Page 52

Section 2.4 Specific Procedures - Subsection 2.4.16 Zoning Approval
2.4.16 ZONING APPROVAL
A. PURPOSE
The purpose for this zoning approval procedure is to establish a consistent and standardized
method to document a development's compliance (or pending compliance) with all applicable
building codes and Town requirements prior to occupancy or initiation.
B. APPLICABILITY
No land, newly erected building or structure, or existing building or structure that has been moved
or enlarged or changed in use shall be occupied or used until a zoning approval is issued in
accordance with this section, certifying that the land, building, structure, and its use complies with
this Ordinance and the applicable standards of the State Building Code.
C. PROCEDURE
Zoning approvals shall be processed as a Type 1 review process in accordance with Section
2.3.8, Review Process.
D. ZONING APPROVAL REVIEW STANDARDS
A zoning approval shall be approved if the land, building, structure, or proposed use complies
with all of the following:
1. All relevant standards of this Ordinance;
2. Any other applicable County requirements;
3. All applicable conditions of approval; and
4. All other applicable State and federal requirements.
E. EFFECT
1. Approval of a zoning approval allows an applicant to file an application for a certificate of
occupancy with Franklin County.
2. Copies of zoning approvals shall be maintained in the office of the Zoning Administrator and
shall be available for public inspection during normal business hours.
F. AMENDMENT
Amendment to an approved zoning approval may only be reviewed and considered in
accordance with the procedures and standards established for its original approval.
G. EXPIRATION
A zoning approval shall expire and become null and void if a certificate of occupancy is not
obtained from Franklin County within six months of its approval.
H. APPEAL
1. Appeal of a decision on a zoning approval shall be reviewed and decided in the nature of
certiorari by the BOA in accordance with Section 2.4.3, Appeal.
2. An appeal pertaining to a State Building Code issue shall be filed with to the North Carolina
Commissioner of Insurance in accordance with Section 160A-434 of the North Carolina
General Statutes.
Chapter 154 - Zoning Code Page 53

Section 2.5 Review Authorities - Subsection 2.5.1 Overview
2.5.1 OVERVIEW
As identified in Table 2.2, Specific Procedures Table, the following review authorities have powers and
responsibilities for administering this Ordinance, especially with regard to procedures related to
development applications:
A. Board of Commissioners;
B. Planning Board;
C. Board of Adjustment (BOA); and
D. Zoning Administrator.
2.5.2 BOARD OF COMMISSIONERS
In order to exercise the authority granted to the Board of Commissioners by State law, the Board of
Commissioners shall have the following powers and duties under this Ordinance:
A. POWERS AND DUTIES
1. REVIEW AND DECISION
The Board of Commissioners shall review and decide applications for:
(a) Development Agreements;
(b) Major Site Plans;
(C) Planned Developments;
(d) Rezonings; and
(e) Text Amendments.
2. OTHER POWERS AND DUTIES
The Board of Commissioners shall have the following other powers and duties:
(a) To approve a schedule of fees for both permit applications and civil penalties; and
(b) To take any other action, not delegated by this ordinance to others, as the Board of
Commissioners may deem desirable and necessary to implement the provisions of this
Ordinance.
B. CONFLICT OF INTEREST
1. For legislative matters, a member shall not participate in or vote on any matter that has a
direct, substantial, and readily identifiable financial impact on them or an immediate family
member.
2. In the event the Board of Commissioners serves as a review authority in a quasi-judicial
matter, a member shall not participate or vote on any 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) A member having a fixed opinion prior to hearing the matter that is not susceptible to
change;
(b) Undisclosed ex-parte communications;
(C) A close family, business or other associational relationship with an affected person; or
(d) A financial interest in the outcome of the matter.
3. If an objection is raised to a member's participation and that member does not recuse himself
or herself, then the remaining members shall, by majority vote, rule on the objection.
Chapter 154 - Zoning Code Page 54

Section 2.5 Review Authorities - Subsection 2.5.3 Planning Board
2.5.3 PLANNING BOARD
The Planning Board is hereby established in accordance with Sections 160A-361, 160A-362, and 160A-
387 of the North Carolina General Statutes. The following sections set out the Planning Board's powers
and duties, composition, and rules of procedure:
A. POWERS AND DUTIES
The Planning Board shall have the following powers and duties under this Ordinance:
1. REVIEW AND RECOMMEND
To review and make recommendations to the Board of Commissioners on the following
applications:
(a) Planned Developments;
(b) Rezonings; and
(C) Text Amendments.
2. OTHER POWERS AND DUTIES
The Planning Board shall have the following other powers and duties:
(a) To make studies of the area within its jurisdiction and surrounding areas;
(b) To determine objectives to be sought in the development of the Town;
(C) To prepare and adopt plans for achieving objectives;
(d) To develop and recommend policies, ordinances, administrative procedures, and other
means for carrying out plans in a coordinated and efficient manner;
(e) To advise the Board of Commissioners concerning the use and amendment of means for
carrying out plans;
(f) To exercise any functions in the administration and enforcement of various means for
carrying out plans that the Board of Commissioners of the Town may direct;
(g) To perform any other related duties that the Board of Commissioners of the Town may
direct;
(h) To conduct such public meetings as may be required to gather information necessary for
the drafting, establishment, and maintenance of a development plan for the Town; and
(I) To promote public interest in and an understanding of its recommendations by publishing
and distributing copies of its recommendations, and employ such other means of publicity
and education as deemed necessary.
B. COMPOSITION
1. MEMBERSHIP
The Planning Board shall consist of five members.
2. COMPENSATION
Members of the Planning Board shall receive no compensation for their services.
3. RESIDENCE LOCATION AND APPOINTMENT
(a) Three members shall reside within the Town limits and shall be appointed by the Board of
Commissioners;
(b) Two members shall reside outside the Town limits but within the extraterritorial
jurisdictional boundaries of the Town and shall be appointed by the Franklin County
Board of County Commissioners.
4. MEMBER TERMS
(a) Initial terms shall be as follows:
(1) In -Town members:
(I) One member shall be appointed for a term of one year.
(II) Two members shall be appointed for terms of two years.
Chapter 154 - Zoning Code Page 55

Section 2.5 Review Authorities - Subsection 2.5.3 Planning Board
(2) Extraterritorial jurisdiction members. Two members shall be appointed for terms of
three years.
(b) Their successors shall be appointed for terms of three years. Terms shall expire on June
30. Members shall serve until the expiration of their terms or until their successors have
been appointed.
5. VACANCIES
Vacancies in the membership of the Planning Board occurring for reasons other than
expiration of term shall be filled as they occur for the unexpired remainder of the term either
by the Board of Commissioners or the Board of County Commissioners, depending upon the
area represented.
6. ATTENDANCE
Faithful attendance at the meetings of the Planning Board is considered a prerequisite for the
maintenance of membership on the Board. Unexcused absence from three consecutive
meetings shall be deemed adequate reason for termination of membership on the Planning
Board.
7. OFFICERS
(a) The Planning Board shall elect a Chairperson and may create and fill such other offices
as it may deem necessary.
(b) The term of officers shall be one year or until successors shall have been elected and
installed, with eligibility for reelection.
(C) Vacancies in officers' positions prior to expiration of terms shall be filled for the period of
unexpired term by the Planning Board.
C. RULES OF PROCEDURE
GENERALLY
The Planning Board shall adopt rules necessary to conduct its affairs and establish its
organization, committees, procedures, meeting notice, and meeting conduct.
2. SCHEDULE
(a) The Planning Board shall establish a regular meeting time and place.
(b) The Planning Board may elect to change and/or delete meeting dates, times and/or
locations of its regular meetings.
3. OPEN MEETINGS
All meetings shall be open to the public.
4. OFFICIAL RECORD
(a) The Planning Board shall keep minutes of its proceedings, showing the vote of each
member upon every action or, if absent or failing to vote, indicate such fact.
(b) The Planning Board shall keep records of its examinations and other official actions.
(C) Unless otherwise provided by law, all records and minutes shall be public record.
5. QUORUM
(a) No official business of the Planning Board may be conducted without a quorum present.
(b) For taking action on any matter pertaining to the extraterritorial zoning area, there shall
be present a quorum of three members present.
6. VOTING
(a) An affirmative vote of the majority of Planning Board members constituting a quorum is
required for all decisions.
(b) The Chair shall vote as any other member.
7. CONFLICT OF INTEREST
Chapter 154 - Zoning Code Page 56

Section 2.5 Review Authorities - Subsection 2.5.4 Board of Adjustment
(a) A member shall not participate in or vote on any matter that has a direct, substantial, and
readily identifiable financial impact on them or an immediate family member.
(b) If an objection is raised to a member's participation and that member does not recuse
himself or herself, then the remaining members shall by majority vote rule on the
objection.
D. ANNUAL REPORT AND BUDGET REQUEST
The Planning Board shall annually submit to the Board of Commissioners a written report of its
activities, an analysis of the expenditures to date for the current fiscal year, and it's requested
budget of funds needed for operation during the ensuing fiscal year. The Planning Board is
authorized to appoint such committees and to authorize such expenditures within its approved
budget as it may see fit, subject to limitations of the fund provided for the Planning Board by the
Board of Commissioners.
2.5.4 BOARD OF ADJUSTMENT
The Board of Adjustment is hereby established in accordance with Section 160A-388 of the North
Carolina General Statutes. The following sections set out the BOA's powers and duties, composition, and
rules of procedure:
A. POWERS AND DUTIES
The BOA shall have the following powers and duties under this Ordinance:
APPLICATION REVIEW AND DECISION
To review and decide applications for:
(a) Appeals of decisions by Town staff members deciding applications under this Ordinance;
(b) Special Use Permits; and
(C) Variances.
2. OTHER POWERS AND DUTIES
To exercise other powers and authority provided to it by the Board of Commissioners, this
Ordinance, or State law.
B. COMPOSITION
1. MEMBERSHIP
The BOA shall consist of five regular members and two alternate members.
2. BOARD OF COMMISSIONERS MAY SERVE
In the event a Board of Adjustment is not appointed, the Town of Franklinton Board of
Commissioners may serve as the Board of Adjustment. When serving as the Board of
Adjustment, the Board of Commissioners shall act in accordance with this section, the Board
of Adjustment's rules of procedures, and Section 160A-388 of the North Carolina General
Statutes.
3. COMPENSATION
Members of the Board of Adjustment shall receive no compensation for their services.
4. RESIDENCE LOCATION AND APPOINTMENT
(a) Three regular members and one alternate member shall be residents of the Town and
shall be appointed by the Board of Commissioners;
(b) Two regular members and one alternate members shall reside outside the Town limits
but within the extraterritorial jurisdictional boundaries of the Town and shall be appointed
by the Franklin County Board of County Commissioners.
(C) If the Board of Franklin County Commissioners fails to appoint the extraterritorial
members within 90 days after receiving a resolution from the Town of Franklinton Board
Chapter 154 - Zoning Code Page 57

Section 2.5 Review Authorities - Subsection 2.5.4 Board of Adjustment
of Commissioners requesting that these appointments be made, the Town of Franklinton
Board of Commissioners may make them.
(d) These standards shall not apply when the Board of Commissioners is serving as the
Board of Adjustment.
5. ALTERNATE MEMBERS
In addition to the regular members, the Board of Adjustment shall have two alternate
members.
(a) Alternate members shall be appointed for the same term, at the same time, and in the
same manner as regular members.
(b) Each alternate member, while attending any regular or special meeting of the BOA and
serving in the absence of any regular member, shall exercise all the powers and duties of
a regular member.
(C) Town alternate members shall only replace regular Town members and extraterritorial
alternate members shall only replace regular extraterritorial members.
(d) These standards shall not apply when the Board of Commissioners is serving as the
Board of Adjustment.
6. MEMBER TERMS
(a) INITIAL TERMS
One regular member shall be appointed for a three-year term, one regular member shall
be appointed for a two-year term, and one regular member shall be appointed for a one-
year term so that staggered terms may be instituted.
(b) SUBSEQUENT TERMS
All subsequent terms shall be for three years.
7. OFFICERS
The BOA shall elect a Chair and Vice -Chair and create and fill such other offices as it may
determine. The term of the Chair and other officers shall be one year, with eligibility for re-
election.
C. RULES OF PROCEDURE
(a) GENERALLY
The BOA shall adopt rules for the transaction of its business and shall keep a record of
its members' attendance and its resolutions, discussions, findings and recommendations,
which record shall be a public record.
(b) SCHEDULE
(1) The BOA shall establish a regular meeting time and place.
(2) Unless there is no business to be conducted, the BOA shall hold at least one meeting
monthly.
(3) The BOA may elect to change and/or delete meeting dates, times and/or locations of
its regular meetings.
(c) OPEN MEETINGS
All meetings and hearings shall be open to the public.
(d) OFFICIAL RECORD
(1) The BOA shall keep minutes of its proceedings showing the vote of each member
upon each question and the absence or failure of any member to vote.
(2) Unless otherwise provided by law, all records and minutes shall be public record.
(e) QUORUM
(1) No official business of the BOA may be conducted without a quorum present.
Chapter 154 - Zoning Code Page 58

Section 2.5 Review Authorities - Subsection 2.5.5 Zoning Administrator
(2) For taking action on any quasi-judicial matter, there shall be present a quorum of at
least five members from the entire BOA.
(3) For taking action on any matter pertaining to non -quasi-judicial matters, there shall be
present a quorum of at least four members from the entire BOA.
(f) VOTING
(1) The concurring vote of four -fifths of the BOA members shall be necessary to grant a
variance.
(2) A simple majority of the BOA members shall be required to decide any other matter.
(3) Members who are recused from voting due to a conflict of interest shall not be
counted towards a simple or super majority.
(g) CONFLICT OF INTEREST
(1) A member of the BOA shall not vote, nor participate in any manner that would violate
an affected person's constitutional rights to an impartial decision maker; including,
but are not limited to:
(I) A member having a fixed opinion prior to hearing the matter that is not
susceptible to change;
(II) Undisclosed ex-parte communication;
(III)A close family, business, or other associational relationship with an affected
person; or
(Iv)Financial interest in the outcome of the matter.
(2) If an objection is raised to a member's participation and that member does not recuse
himself or herself, the remaining members shall by majority vote rule on the
objection.
2.5.5 ZONING ADMINISTRATOR
The Town Manager shall appoint a Zoning Administrator, who shall have the following powers and duties
under this Ordinance:
A. POWERS AND DUTIES
1. APPLICATION REVIEW AND DECISION
The Zoning Administrator shall review and decide applications for the following:
(a) Administrative Adjustments;
(b) Interpretations;
(C) Minor Site Plans;
(d) Temporary Use Permits;
(e) Watershed Protection Permits;
(f) Zoning Authorizations; and
(g) Zoning Approvals.
2. OTHER POWERS AND DUTIES
The Zoning Administrator shall have the following other powers:
(a) To establish application content requirements and a submission schedule for review of
applications and appeals;
(b) To conduct meetings with applicants for development approval as necessary or
appropriate;
(C) To review development applications for compliance with this Ordinance and submit staff
reports to decision -making bodies;
(d) To ensure proper public notification regarding pending development applications is
provided in accordance with state law;
Chapter 154 - Zoning Code Page 59

Section 2.5 Review Authorities - Subsection 2.5.5 Zoning Administrator
(e) To provide expertise and technical assistance to Town staff and decision -making bodies,
upon request;
(f) To maintain the Official Zoning Map and related materials;
(g) To maintain all records pertaining to the provisions of this Ordinance and make records
available for public inspection;
(h) To investigate violations and enforce this Ordinance; and
(I) To perform any other related duties that the Town Manager may direct.
Chapter 154 - Zoning Code Page 60

ARTICLE 154.3 DISTRICTS
TABLE OF CONTENTS
3.1 Introductory Provisions........................................................................................... 62
3.1.1
Types of Zoning Districts.................................................................................................................
62
3.1.2
Compliance with District Standards.................................................................................................
62
3.1.3
Official Zoning Map..........................................................................................................................
62
3.1.4
Generally Applicable Dimensional Requirements...........................................................................
62
3.1.5
Zoning Districts Established............................................................................................................
65
3.2 General Zoning Districts.......................................................................................... 66
3.2.1
Conservation Recreation (CR) District............................................................................................
66
3.2.2
Residential Agricultural (R-1A) District............................................................................................
66
3.2.3
Residential Single-family Low (RSL) District...................................................................................
67
3.2.4
Residential Single-family Medium (RSM) District............................................................................
67
3.2.5
Residential Single-family High (RSH) District..................................................................................
68
3.2.6
Residential Manufactured Home (RMH) District..............................................................................
68
3.2.7
Residential Multi -family (RMF) District............................................................................................
69
3.2.8
Residential Downtown (RDT) District..............................................................................................
69
3.2.9
Mixed Use District (MUD) District....................................................................................................
70
3.2.10
Downtown Commercial (C-2D) District............................................................................................
71
3.2.11
Highway Commercial (C-3H) District...............................................................................................
71
3.2.12
Light Industrial (IL) District...............................................................................................................
72
3.3 Planned Development District................................................................................. 73
3.3.1
Purpose and Intent..........................................................................................................................
73
3.3.2
Classification....................................................................................................................................73
3.3.3
General Standards for All Planned Development Districts..............................................................
73
3.4 Overlay Zoning Districts..........................................................................................
76
3.4.1
Purpose and Intent..........................................................................................................................
76
3.4.2
Overlay Districts Established...........................................................................................................
76
3.4.3
Classification....................................................................................................................................76
3.4.4
Relationship to Underlying General Districts...................................................................................
76
3.4.5
Special Flood Hazard Area Overlay District....................................................................................
76
3.4.6
Watershed Overlay District..............................................................................................................
77
Chapter 154 - Zoning Code Page 61

Section 3.1 Introductory Provisions
3.1.1 TYPES OF ZONING DISTRICTS
Land within the Town is generally classified by this Ordinance to be in one of a number of general zoning
districts. Land in any general district may also be classified into one or more overlay zoning districts, in
which case regulations governing development in the overlay district shall apply in addition to the
regulations governing development in the underlying general zoning district.
3.1.2 COMPLIANCE WITH DISTRICT STANDARDS
A. Land in the Town shall not be developed except in accordance with the zoning district regulations
of Article 154.3: Districts.
B. Land shall only be classified or reclassified into a zoning district in accordance with the
procedures and requirements set forth in Section 2.4.7, Rezoning, or Section 2.4.6, Planned
Development, as appropriate.
3.1.3 OFFICIAL ZONING MAP
A. GENERAL
1. The Official Zoning Map designates the location and boundaries of the various zoning
districts established in this Ordinance. The Official Zoning Map shall be maintained in the
offices of the Zoning Administrator and is available for public inspection during normal
business hours.
2. The Official Zoning Map shall bear the Town Seal and the attestation by the Town Clerk.
3. The Official Zoning Map shall be the final authority as to the status of the current zoning
district classification of land in the Town's planning jurisdiction, and shall only be amended in
accordance with Section 2.4.7, Rezoning, or Section 2.4.6, Planned Development, as
appropriate.
4. The Zoning Administrator shall maintain copies of superseded versions of the Official Zoning
Map for historical reference, as appropriate.
B. INCORPORATED BY REFERENCE
1. The Official Zoning Map is incorporated herein by reference and made part of this Ordinance.
2. The Watershed Protection Map of Franklinton, North Carolina, is incorporated herein by
reference and made part of this Ordinance.
C. REPLACEMENT
When the Official Zoning Map is replaced, the prior zoning map shall be preserved together with
records pertaining to its adoption or amendment, unless the prior zoning map has been lost or
destroyed.
D. CHANGES TO OFFICIAL ZONING MAP
Changes made in zoning district boundaries on the Official Zoning Map shall be considered an
amendment to this Ordinance. Changes shall be entered on the Official Zoning Map by the
Zoning Administrator promptly after the amendment is approved by the Board of Commissioners.
Entries include the date of amendment approval.
3.1.4 GENERALLY APPLICABLE DIMENSIONAL REQUIREMENTS
The following dimensional requirements shall apply to all development in Town in addition to the
dimensional standards in each individual zoning district.
A. LOT AREA
REDUCTION IN LOT AREA PROHIBITED
Chapter 154 - Zoning Code Page 62

Section 3.1 Introductory Provisions
Except where otherwise authorized by this Ordinance, no lot shall be reduced in area below
the minimum requirements for the district where located.
2. LOT AREA IN THE ABSENCE OF PUBLIC WATER OR SEWER
In cases where development is proposed on a lot that is not served by public water or sewer,
the lot shall maintain a suitable on -site source of potable water and an on -site septic system
for the treatment of wastewater. Regardless of the dimensional requirements in Table 3.2,
General Zoning District Standards, the minimum lot size shall be in accordance with the
following:
(a) LOT AREA WITH NO CONNECTION TO PUBLIC WATER AND SEWER
Lots not served by public water and sewer shall maintain a minimum lot area in
accordance with the Franklin County Health Department's requirements, or 30,000
square feet, whichever is larger.
(b) LOT AREA WHEN CONNECTED TO PUBLIC WATER BUT NOT
SEWER
In cases where a lot is served by public water but not public sewer, the minimum lot area
may be reduced in accordance with Franklin County Health Department requirements
and Town standards, but in no instance shall the lot area be reduced by more than
10,000 square feet from the lot area that would be required in cases where there is no
connection to public water and sewer.
B. LOT WIDTH
1. MINIMUM LOT WIDTH FOR ALL LOTS
Except as provided in subsection (2) below, no principal building, structure, or use may be
erected or established on any lot without 20 linear feet of frontage on either of the following:
(a) A public street maintained by either the Town or the North Carolina Department of
Transportation; or
(b) A street constructed to the standards of the Town or the North Carolina Department of
Transportation with a written agreement concerning maintenance of the street.
2. LOT MEASUREMENT ON CUL-DE-SAC LOTS
Lot width on lots which front on the turnaround circle of a cul-de-sac may be measured at the
line formed by connecting the midpoint of the side lot line of the shorter side with a point on
the longer side lot line which is the same distance from the front lot line as the midpoint of the
shorter side, or if both side lot lines are the same length, at the line connecting the midpoints
of the side lot lines. All yard requirements must be met on such lots. If a lot has more than
two sides, the side lot lines to be used are the two, which connect with the front lot line.
C. MAXIMUM NUMBER OF BUILDINGS PER LOT
1. Only one principal building per lot shall be allowed unless otherwise authorized by this
Ordinance.
2. No more than one principal building devoted to a residential use shall be allowed on a lot
except as part of a multi -family development.
3. Two or more principal structures devoted to a non-residential use may be located on a lot,
provided that access to each structure is directly available from a public street or private
access easement.
D. REQUIRED YARDS AND SETBACKS
1. GENERALLY
(a) The land area between a lot line and the boundary of a setback is considered as a
required yard.
Chapter 154 - Zoning Code Page 63

Section 3.1 Introductory Provisions
(b) The location of front, side, or rear yards on irregularly -shaped lots shall be determined by
the Zoning Administrator. Wherever possible, the Zoning Administrator shall interpret
these boundaries in ways that minimize nonconformities.
(C) Except where otherwise provided in Section 3.1.4D.3, Allowable Encroachments into
Required Yards, required yards shall not be subject to encroachment by a building,
structure, or outdoor use area.
(d) In no instance shall a required yard for one lot be used to meet the yard requirements for
another lot.
2. AVERAGE FRONT SETBACKS FOR DWELLINGS
(a) The minimum front yard standards in Table 3.2, General Zoning District Standards, shall
not apply to a single-family detached residential dwelling on any lot where the average
front yard of existing dwellings located within 100 feet on each side of the lot fronting the
same street, within the same block, and within the same zoning district is less than the
minimum required front yard for the district where located.
(b) In these cases, the front yard of the developing use may be less than the required front
yard for the zoning district, but not less than that of the adjacent dwelling with the
greatest front yard depth or the average front yard of existing dwellings located wholly or
in part within 100 feet on each side, whichever is greater.
3. ALLOWABLE ENCROACHMENTS INTO REQUIRED YARDS
(a) Uncovered stairs, landings, terraces, porches, balconies and fire escapes may project
into any yard, but such projection may not exceed six feet, and may not be closer than 10
feet to any lot line.
(b) Architectural projections, such as chimneys, flues, sills, eaves, belt courses and
ornaments, may project into any required yard, but such projection shall not exceed three
feet.
E. HEIGHT EXCEPTIONS
Structures such as church spires, belfries, cupolas, domes, monuments, water towers,
observation towers, electrical transmission towers, chimneys, smokestacks, conveyors, flag
poles, and masts not intended for human occupancy shall be exempted from the height limits of
this article. Towers or other vertical projections used for telecommunication purposes are subject
to the standards in Section 4.3.2F, Telecommunications Facilities.
F. VISIBILITY AT INTERSECTIONS TO BE MAINTAINED
Nothing shall be erected, placed, planted, or allowed to grow on corner lots in such a manner as
to impede vision between a height of two and one-half and 10 feet in a triangular area formed by
a diagonal line between two points on intersecting the right-of-way lines, 20 feet from where they
intersect.
G. MULTI -BUILDING DEVELOPMENTS
Developments with more than one principal building on a single lot shall comply with all the
following standards:
1. Use types shall be limited to those permitted within the zoning district in which the project is
located, and all applicable regulations of this Ordinance shall be met;
2. The overall intensity of land use shall be no higher, and the standard of open space no lower
than that permitted in the district in which the project is located;
3. The distance of every building from the nearest adjacent lot line shall meet the front and side
yard requirements of the district in which the project is located, or 50 feet whichever is
greater;
4. The building heights shall not exceed the height limits permitted in the district in which the
project is located;
5. The buildings shall be located so as to provide access for emergency vehicles; and
Chapter 154 - Zoning Code Page 64

Section 3.1 Introductory Provisions
6. The minimum spacing between buildings in a complex shall be in accordance with the yard
requirements of the district in which the project is located.
3.1.5 ZONING DISTRICTS ESTABLISHED
For the purpose of regulating and restricting the use of land within the territorial jurisdiction of the Town, the
following general and planned development zoning districts are established. All lands within the planning
jurisdiction of the Town of Franklinton shall be divided into at least one of the zoning districts in Table 3.1.5,
Districts Established.
TABLE 3.1.5: DISTRICTS ESTABLISHED
DISTRICT NAME I ABBREVIATION
GENERAL ZONING DISTRICTS
Conservation Recreation
CR
Residential Agricultural
R-1A
Residential Single-family Low
RSL
Residential Single-family Medium
RSM
Residential Single-family High
RSH
Residential Manufactured Home
RMH
Residential Multi -family
RMF
Residential Downtown
RDT
Mixed Use District
MUD
Downtown Commercial
C-21D
Highway Commercial
C-31-1
Light Industrial
IL
PLANNED DEVELOPMENT DISTRICTS
Planned Development
PD
Chapter 154 - Zoning Code Page 65

Section 3.2 General Zoning Districts
Table 3.2, General Zoninq District Standards, sets out the purpose statements and dimensional requirements for
each of the general zoning districts on the Official Zoning Map.
GENERALTABLE 3.2: . D.-D
PURPOSE•REQUIREMENTS
STATEMENT•NOTES
Development located within a watershed overlay district shall be subject to the standards in Section 3.4.6,
Watershed Overlay District.
3.2.1 CONSERVATION RECREATION (CR) DISTRICT
The CR district is established to preserve and protect identifiable natural resources in and around Franklinton.
The district is used to protect watercourses from erosion and sedimentation; retain open spaces and protect their
environmentally -sensitive character; preserve wildlife and plant life habitats and protect them from the intrusions
of urbanization; provide for park and recreation facilities; and preserve and maintain the aesthetic qualities and
appearance of the Town. The district also discourages development that creates risks for loss of life or property
from normal natural processes and events in natural hazard areas (e.g., floodplains).
Minimum Lot Area (sq. ft.)
None
Minimum Lot Width (ft.)
20
Measured at the edge of a street
right-of-way
Minimum Lot Depth (ft.)
None
Minimum Front Yard (ft.)
30
Measured from the edge of a
protected street right-of-way, if
Minimum Side Yard (ft.)
15
present.
Minimum Rear Yard (ft.)
25
Minimum side yards are 25 feet
on corner lots.
Maximum Height (ft.)
35
Maximum Lot Coverage (% of lot
25
area)
3.2.2 RESIDENTIAL AGRICULTURAL (R-1A) DISTRICT
The R-1A district is established to accommodate agricultural uses, open space, and very low density residential
development on large lots that are not served by public water or sewer. The district is intended to preserve rural
character and to protect land for agricultural and forestry uses, while also providing a transition between
preservation areas and areas of low density development.
Maximum Residential Density
0.5
(units/acre)
Lots with no public water and
Minimum Lot Area (sq. ft.)
21,780
sewer subject to Section 3.1.4A.2,
Lot Area in the Absence of Public
Water or Sewer.
Minimum Lot Width (ft.)
100
Minimum Lot Depth (ft.)
125
Minimum Front Yard (ft.)
30
Measured from the edge of a
protected street right-of-way, if
Minimum Side Yard (ft.)
15
present.
Minimum Rear Yard (ft.)
25
Minimum side yards are 25 feet
on corner lots.
Chapter 154 - Zoning Code Page 66

Section 3.2 General Zoning Districts
GENERALTABLE 3.2: D.-D
PURPOSEDIMENSIONAL REQUIREMENTS
REQUIREMENTSTATEMENT FEATURE I •
Development located within a watershed overlay district shall be subject to the standards in Section 3.4.6,
Watershed Overlay District.
Maximum Height (ft.)
35
Maximum Lot Coverage
40 Residential;
(% of lot area)
50 All Other Uses
3.2.3 RESIDENTIAL SINGLE-FAMILY LOW (RSL) DISTRICT
The RSL district is established to accommodate primarily single-family detached residential dwellings in
neighborhood settings, along with complimentary accessory and neighborhood uses such as churches, schools,
and parks at low densities. District regulations discourage any use that interferes with the development of single-
family detached dwellings or that is detrimental to the residential nature of the district.
Maximum Residential Density
0.5
(units/acre)
Lots with no public water and
Minimum Lot Area (sq. ft.)
21,780
sewer subject to Section 3.1.4A.2,
Lot Area in the Absence of Public
Water or Sewer.
Minimum Lot Width (ft.)
100
Minimum Lot Depth (ft.)
125
Minimum Front Yard (ft.)
30
Measured from the edge of a
protected street right-of-way, if
Minimum Side Yard (ft.)
15
present.
Minimum Rear Yard (ft.)
25
Minimum side yards are 25 feet
on corner lots.
Maximum Height (ft.)
35
Maximum Lot Coverage
40 Residential;
of lot area
50 All Other Uses
3.2.4 RESIDENTIAL SINGLE-FAMILY MEDIUM (RSM) DISTRICT
The RSM district is established to accommodate primarily single-family detached residential dwellings in
neighborhood settings, along with complimentary accessory and neighborhood uses such as churches, schools,
and parks at medium or moderate densities. District regulations discourage any use that interferes with the
development of single-family detached dwellings or that is detrimental to the residential nature of the district.
Maximum Residential Density
6.92
(units/acre)
10,000 for Single-
family;
Lots with no public water and
Minimum Lot Area (sq. ft.)
15,000 for Two-
sewer subject to Section 3.1.4A.2,
family;
Lot Area in the Absence of Public
Water or Sewer.
20,000 All Other
Uses
Minimum Lot Width (ft.)
80
Minimum Lot Depth (ft.)
100
Minimum Front Yard (ft.)
25
Measured from the edge of a
Minimum Side Yard (ft.)
15
protected street right-of-way, if
Chapter 154 - Zoning Code Page 67

Section 3.2 General Zoning Districts
GENERALTABLE 3.2: D.-D
PURPOSEDIMENSIONAL REQUIREMENTS
REQUIREMENTSTATEMENT FEATURE I •
Development located within a watershed overlay district shall be subject to the standards in Section 3.4.6,
Watershed Overlay District.
present.
Minimum Rear Yard (ft.)
20
Minimum side yards are 25 feet
on corner lots.
Maximum Height (ft.)
35
Maximum Lot Coverage
60
(% of lot area)
3.2.5 RESIDENTIAL SINGLE-FAMILY HIGH (RSH) DISTRICT
The RSH district is established to accommodate primarily single-family detached residential dwellings in
neighborhood settings, along with complimentary accessory and neighborhood uses such as churches, schools,
and parks at high densities. District regulations discourage any use that interferes with the development of single-
family detached dwellings or that is detrimental to the residential nature of the district.
Maximum Residential Density
8.11
(units/acre)
8,000 for Single-
family;
Lots with no public water and
Minimum Lot Area (sq. ft.)
10,000 for Two-
sewer subject to Section 3.1.4A.2,
family;
Lot Area in the Absence of Public
Water or Sewer.
15,000 All Other
Uses
Minimum Lot Width (ft.)
60
Minimum Lot Depth (ft.)
100
Minimum Front Yard (ft.)
25
Measured from the edge of a
protected street right-of-way, if
Minimum Side Yard (ft.)
10
present.
Minimum Rear Yard (ft.)
20
Minimum side yards are 25 feet
on corner lots.
Maximum Height (ft.)
35
Maximum Lot Coverage
70
(% of lot area)
3.2.6 RESIDENTIAL MANUFACTURED HOME (RMH) DISTRICT
The RMH district provides a location for the establishment of manufactured homes on individual lots in addition to
other forms of single-family detached residential dwelling units and associated complementary uses. Lawfully
established single -wide homes in place on [insert the effective date of this Ordinance] are legal nonconforming
uses that may remain and be maintained. New singlewide manufactured homes are prohibited in the RMH
district. An existing singlewide manufactured home may be replaced by a site -built single-family home, a modular
home, or a doublewide manufactured home. District regulations discourage any use that interferes with the
development of residential dwellings or that is detrimental to the residential nature of the district.
Maximum Residential Density
2.32
(units/acre)
15,000 for Single-
Lots with no public water and
Minimum Lot Area (sq. ft.)
family;
sewer subject to Section 3.1.4A.2,
18,750 All Other
Lot Area in the Absence of Public
Water or Sewer.
Uses
Chapter 154 - Zoning Code Page 68

Section 3.2 General Zoning Districts
GENERALTABLE 3.2: D.-D
PURPOSEDIMENSIONAL REQUIREMENTS
REQUIREMENTSTATEMENT FEATURE I •
Development located within a watershed overlay district shall be subject to the standards in Section 3.4.6,
Watershed Overlay District.
Minimum Lot Width (ft.)
80
Minimum Lot Depth (ft.)
125
Minimum Front Yard (ft.)
30
Minimum Side Yard (ft.)
15
Minimum side yards are 25 feet
on corner lots.
Minimum Rear Yard (ft.)
25
Maximum Height (ft.)
35
Maximum Lot Coverage
50
(% of lot area)
3.2.7 RESIDENTIAL MULTI -FAMILY (RMF) DISTRICT
The RMF district is established to accommodate a wide range of residential uses, including single-family
detached, duplex, and multi -family housing, along with parks, open space, and complimentary institutional uses in
neighborhood settings.
Maximum Residential Density
6.92
(units/acre)
10,000 for Single -
Family;
15,000 Two -Family;
Multi -family and townhouse
Minimum Lot Area (sq. ft.)
20,000 Multi -family
development shall require an
& Townhouse;
additional 6,000 sf of lot area for
20,000
each unit beyond 3
Nonresidential &
Mixed Use
Minimum Lot Width (ft.)
80
Minimum Lot Depth (ft.)
100
Minimum Front Yard (ft.)
25
All yards for multifamily buildings
of three or more units shall be 50
Minimum Side Yard (ft.)
15
feet from the lot perimeter.
Minimum Rear Yard (ft.)
20
Minimum side yards are 25 feet
on corner lots.
Minimum Spacing Between
10
See Section 4.3.1C, Multi -family
Buildings on Same Lot (ft.)
Development.
Maximum Height (ft.)
35
Maximum Lot Coverage
60
(% of lot area)
3.2.8 RESIDENTIAL DOWNTOWN (RDT) DISTRICT
The RDT district allows a blend of residential uses and complimentary institutional uses in ways that contribute to
a vibrant and functioning urban neighborhood within and around downtown Franklinton.
Maximum Residential Density
8.11
(units/acre)
Chapter 154 - Zoning Code Page 69

Section 3.2 General Zoning Districts
GENERALTABLE 3.2: D.-D
PURPOSEDIMENSIONAL REQUIREMENTS
REQUIREMENTSTATEMENT FEATURE I •
Development located within a watershed overlay district shall be subject to the standards in Section 3.4.6,
Watershed Overlay District.
8,000 for Single -
Family;
Minimum Lot Area (sq. ft.)
10,000 Two -Family;
15,000
Nonresidential &
Mixed Use
Minimum Lot Width (ft.)
60
Minimum Lot Depth (ft.)
100
Minimum Front Yard (ft.)
25
All yards for multifamily buildings
of three or more units shall be 50
Minimum Side Yard (ft.)
10
feet from the lot perimeter.
Minimum Rear Yard (ft.)
20
Minimum side yards are 25 feet
on corner lots.
Minimum Spacing Between Principal
10
See Section 4.3.1C, Multi -family
Buildings on Same Lot (ft.)
Development.
Maximum Height (ft.)
35
Maximum Lot Coverage
70
(% of lot area)
Parking Location
All vehicular parking in the RTD district shall be located in
the Town's municipal parking lot.
3.2.9 MIXED USE DISTRICT (MUD) DISTRICT
The MUD district allows a blend of residential uses, institutional uses, and neighborhood -serving commercial uses
both on individual sites and within individual buildings. It allows housing, shopping, working, and recreational
options in close proximity to one another, allowing residents to meet some of their daily needs without need for an
automobile.
Maximum Residential Density
5.44 for Single-
(units/acre)
family;
4.35 All Other Uses
8,000 for Single-
Lots with no public water and
Minimum Lot Area (sq. ft.)
family;
sewer subject to Section 3.1.4A.2,
10,000 All Other
Lot Area in the Absence of Public
Water or Sewer.
Uses
Minimum Lot Width (ft.)
20
Minimum Lot Depth (ft.)
None
Minimum Front Yard (ft.)
25
Minimum Side Yard (ft.)
10
Minimum Rear Yard (ft.)
20
Maximum Height (ft.)
35
Maximum Lot Coverage
None
(% of lot area)
Chapter 154 - Zoning Code Page 70

Section 3.2 General Zoning Districts
GENERALTABLE 3.2: D.-D
PURPOSEDIMENSIONAL REQUIREMENTS
REQUIREMENTSTATEMENT FEATURE I •
Development located within a watershed overlay district shall be subject to the standards in Section 3.4.6,
Watershed Overlay District.
3.2.10 DOWNTOWN COMMERCIAL (C-21)) DISTRICT
The C-2D district is intended to provide shopping and service opportunities for local residents and visitors within
the downtown business district of Franklinton; while allowing flexibility in design that will allow new development to
be compatible with buildings in the traditional downtown district.
Lots with no public water and
Minimum Lot Area (sq. ft.)
None
sewer subject to Section 3.1.4A.2,
Lot Area in the Absence of Public
Water or Sewer.
Minimum Lot Width (ft.)
20
Minimum Lot Depth (ft.)
None
Minimum Front Yard (ft.)
None
None required; 5 if
Side yard of 10 feet required
Minimum Side Yard (ft.)
provided
adjacent to lots in a residential
district.
Minimum Rear Yard (ft.)
None
Maximum Height (ft.)
35
Maximum Lot Coverage (% of lot
None
area)
Parking Location
On -street parking on Main Street in the C-2D district is
prohibited.
3.2.11 HIGHWAY COMMERCIAL (C-3H) DISTRICT
The C-3H district is intended to provide areas for the development of commercial establishments and centers that
service the needs of the community and surrounding region, but located outside the downtown business district.
Commercial activities may involve outdoor storage and substantial delivery activities and are better suited for
location along major thoroughfares.
Lots with no public water and
Minimum Lot Area (sq. ft.)
50,000
sewer subject to Section 3.1.4A.2,
Lot Area in the Absence of Public
Water or Sewer.
Minimum Lot Width (ft.)
20
Minimum Lot Depth (ft.)
None
Minimum Front Yard (ft.)
30
Gasoline pumps and associated
Minimum Side Yard (ft.)
10
canopies shall not encroach into
the front, side, or rear yard.
Minimum Rear Yard (ft.)
20
Maximum Height (ft.)
35
Maximum Lot Coverage (% of lot
None
area)
Chapter 154 - Zoning Code Page 71

Section 3.2 General Zoning Districts
GENERALTABLE 3.2: D.-D
PURPOSEDIMENSIONAL REQUIREMENTS
REQUIREMENTSTATEMENT FEATURE I •
Development located within a watershed overlay district shall be subject to the standards in Section 3.4.6,
Watershed Overlay District.
3.2.12 LIGHT INDUSTRIAL (IL) DISTRICT
The IL district is intended to provide for light manufacturing, warehousing, and other industrial activities that can
be a nuisance (noise, smoke, odor, etc.) on the surrounding residential and commercial areas, are conducted
primarily indoors, and have limited outdoor storage. Heavy industry and uses that would substantially interfere
with light industrial development are prohibited in the district.
Lots with no public water and
Minimum Lot Area (sq. ft.)
40,000
sewer subject to Section 3.1.4A.2,
Lot Area in the Absence of Public
Water or Sewer.
Minimum Lot Width (ft.)
20
Minimum Lot Depth (ft.)
150
Minimum Front Yard (ft.)
30
No off-street parking allowed
within the front yard.
Minimum Side Yard (ft.)
15
Minimum Rear Yard (ft.)
20
Maximum Height (ft.)
35
Maximum Lot Coverage (% of lot
No limit
area)
Chapter 154 - Zoning Code Page 72

n 3.3 Planned Development District
3.3.1 PURPOSE AND INTENT
The Planned Development (PD) district is intended to encourage innovative land planning and site design
concepts that support a high quality of life and achieve a high quality of development, environmental
sensitivity, energy efficiency, and other Town goals and objectives by:
A. Reducing or diminishing the inflexibility or uniform design that sometimes results from strict
application of zoning and development standards designed primarily for individual lots;
B. Allowing greater freedom in selecting the means of providing access, open space, and design
amenities;
C. Allowing greater freedom in providing a well -integrated mix of residential and nonresidential land
uses in the same development, including a mix of housing types, lot sizes, and densities;
D. Providing for efficient use of land resulting in smaller networks of utilities and streets and thereby
lowering development and housing costs; and
E. Promoting quality design and environmentally sensitive development that respects surrounding
established land use character and respects and takes advantage of a site's natural and man-
made features, such as trees, water features, and historic features.
3.3.2 CLASSIFICATION
Land shall only be classified into a planned development zoning district only in accordance with the
procedures and requirements set forth in Section 2.4.6, Planned Development.
3.3.3 GENERAL STANDARDS FOR ALL PLANNED DEVELOPMENT DISTRICTS
Before approving an application to establish a PD district, the Board of Commissioners shall find that the
application complies with the following standards:
A. PLANNED DEVELOPMENT MASTER PLAN
The master plan shall:
1. Include a statement of planning objectives for the district;
2. Identify the general location of individual development areas, identified by land use(s) and/or
development density or intensity;
3. Depict the general configuration and relationship of the principal elements of the proposed
development, including general building types;
4. Identify for the entire PD district and each development area the acreage, types and mix of
land uses, number of residential units (by use type), nonresidential floor area (by use type),
residential density, and nonresidential intensity;
5. Identify the general location, amount, and type (whether designated for active or passive
recreation) of open space;
6. Identify the location of environmentally sensitive lands, wildlife habitat, and resource
protection lands;
7. Identify the on -site transportation circulation system, including the general location of all
public and private streets, existing or projected transit corridors, pedestrian and vehicular
circulation features, and how they will connect with existing and planned systems;
8. Identify the general location of on -site potable water and wastewater facilities, and how they
will connect to public systems;
9. Identify the general location of on -site stormwater management facilities, and how they will
connect to existing systems; and
10.Identify the general location of all other on -site public facilities serving the development,
including but not limited to parks, schools, and facilities for fire protection, police protection,
EMS, and solid waste management.
Chapter 154 - Zoning Code Page 73

Section 3.3 Planned Development District
B. DENSITIES/INTENSITIES
1. The densities for residential development and the intensities for nonresidential development
applicable in each development area of a PD district shall be as established in the master
plan, and shall be consistent with the Town's adopted policy guidance.
2. Dwelling units within a PD district may be concentrated or evenly distributed throughout the
development, provided the maximum allowable density for the development as a whole is not
exceeded.
C. DIMENSIONAL STANDARDS
1. MINIMUM DEVELOPMENT SIZE
A PD district shall be at least five acres in area.
2. MINIMUM LOT SIZE FOR SINGLE-FAMILY DETACHED DWELLINGS
Lots intended for single-family detached dwellings shall contain at least 6,000 square feet in
area.
3. ZERO LOT LINES AUTHORIZED
A zero lot line on up to one side of a single-family detached dwelling is authorized.
4. DOCUMENTATION REQUIRED
The dimensional standards applicable in each development area of a PD district shall be as
established in the master plan, and shall include the following:
(a) Minimum lot area;
(b) Minimum lot width;
(c) Minimum and maximum setbacks;
(d) Maximum lot coverage;
(e) Maximum building height;
(f) Maximum individual building size; and
(g) Minimum setbacks from adjoining residential development or residential zoning districts.
D. DEVELOPMENT AND SUBDIVISION STANDARDS
All development in a PD district shall comply with the development standards in Article 154.5:
Standards, and all applicable subdivision standards in Chapter 153: Subdivision Regulations,
including open space and recreation requirements.
E. COMPATIBILITY WITH SURROUNDING AREAS
Development along the perimeter of a PD district shall be compatible with adjacent existing or
proposed development. Where there are issues of compatibility, the master plan shall provide for
transition areas at the edges of the PD district that provide for appropriate buffering and/or ensure
a complementary character of uses. Determination of complementary character shall be based
on densities/intensities, lot size and dimensions, building height, building mass and scale, hours
of operation, exterior lighting, siting of service areas, or other aspects identified by the Board of
Commissioners.
F. DEVELOPMENT PHASING PLAN
If development in the PD district is proposed to be phased, the master plan shall include a
development phasing plan that identifies the general sequence or phases in which the district is
proposed to be developed, including how residential and nonresidential development will be
timed, how infrastructure (public and private) and open space will be provided and timed, and
how development will be coordinated with the Town's capital improvements program.
Chapter 154 - Zoning Code Page 74

Section 3.3 Planned Development District
G. CONVERSION SCHEDULE
The master plan may include a conversion schedule that identifies the extent to which one type of
residential use may be converted to another type of residential use or one type of nonresidential
use may be converted to another type of nonresidential use (i.e., residential to residential, or
nonresidential to nonresidential). These conversions may occur within development areas and
between development areas, as long as they occur within the same development phase, as
identified by the approved development phasing plan, and are consistent with established extents
of conversion set down in the conversion schedule.
H. USES
The types of uses allowed in a PD district are identified with an "A" in Table 4.1.7, Principal Use
Table. The full range of use types anticipated in a PD district shall be listed in the master plan or
the terms and conditions statement. Only those uses listed in a PD master plan or corresponding
terms and conditions statement shall be allowed in a particular PD district.
I. HOMEOWNERS' ASSOCIATION REQUIRED
1. A planned development shall include a homeowners' or property owners' association, subject
to the following standards:
(a) The association shall be established before the homes, buildings, or uses are sold.
(b) Membership in the association shall be mandatory for each buyer and all successive
buyers, unless another arrangement is approved by the Board of Commissioners, which
adequately protects the interests of the Town and the owners.
(C) The association shall be responsible for the liability insurance, local taxes, and
maintenance of recreation and other facilities.
(d) Any sums levied by the association that remain unpaid shall become a lien on the
individual owner's property, which shall be subordinate only to tax and mortgagee liens
unless another arrangement is approved by the Board of Commissioners which
adequately protects the interests of the Town and the owners.
(e) An owner of each dwelling unit or each homeowner or other building owner shall have
voting rights in the association.
(f) Uses of common property shall be appropriately limited.
2. Prior to issuance of the final certificate of occupancy, the developer or owner of a planned
development shall file with the Zoning Administrator, and record in the Franklin County
Register of Deeds office, a declaration of covenants and restrictions, as well as regulations
and bylaws that will govern the open space and shared resources in the development.
Provisions shall include, but not be limited to the following:
(a) The name of the association;
(b) The manner in which directors of the association are to be selected;
(C) The post office address of the initial registered office;
(d) The name of the Town and County in which the registered office is located; and
(e) The number of directors constituting the initial board of directors.
J. PLANNED DEVELOPMENT TERMS AND CONDITIONS STATEMENT
A planned development terms and conditions statement shall accompany the planned
development master plan and shall include, but not be limited to, the following:
1. Conditions related to approval of the application for the PD zoning district;
2. The list of anticipated use types;
3. Provisions addressing how transportation, potable water, wastewater, stormwater
management, and other infrastructure will be provided to accommodate the proposed
development;
4. Provisions related to environmental protection and monitoring; and
5. Any other provisions the Board of Commissioners determines are relevant and necessary to
the development of the PD in accordance with applicable standards and regulations.
Chapter 154 - Zoning Code Page 75

Section 3.4 Overlay Zoning Districts
3.4.1 PURPOSE AND INTENT
Overlay zoning districts are superimposed over one or more underlying general zoning districts and apply
additional development regulations that address special area -specific conditions, features, or plans while
maintaining the character and purposes of the underlying zoning district.
3.4.2 OVERLAY DISTRICTS ESTABLISHED
Table 3.4.2, Overlay Zoninq Districts Established, sets out the overlay zoning districts established by this
Ordinance.
Special Flood Hazard Overlay District
SFO
Watershed Overlay District
WSO
Critical Area
-II-CA
Balance of Watershed
-II-BW
Protected Area
-IV-PA
3.4.3 CLASSIFICATION
Land shall be classified or reclassified into an overlay zoning district only in accordance with the
procedures and requirements set forth in Section 2.4.7, Rezoning.
3.4.4 RELATIONSHIP TO UNDERLYING GENERAL DISTRICTS
A. Regulations governing development in an overlay zoning district shall apply in addition to the
regulations governing development in the underlying zoning district, unless otherwise expressly
stated.
B. If the standards governing an overlay zoning district expressly conflict with those governing an
underlying zoning district, the standards governing the overlay district shall control, unless
otherwise stated.
C. Where land is classified into multiple overlay zoning districts and the standards governing one
overlay zoning district expressly conflict with those governing another overlay district, the more
restrictive standard shall apply.
3.4.5 SPECIAL FLOOD HAZARD AREA OVERLAY DISTRICT
A. PURPOSE AND INTENT
The purpose and intent of the special flood hazard area standards is to promote public health,
safety, and general welfare and to minimize public and private losses due to flood conditions
within flood prone areas by provisions designed to:
1. Restrict or prohibit uses that are dangerous to health, safety, and property due to water or
erosion hazards or that result in damaging increases in erosion, flood heights, or velocities;
2. Require that uses vulnerable to floods be protected against flood damage at the time of initial
construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers,
which are involved in the accommodation of floodwaters;
4. Control filling, grading, dredging, and all other development that may increase erosion or
flood damage; and
Chapter 154 - Zoning Code Page 76

Section 3.4 Overlay Zoning Districts
5. Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters
or which may increase flood hazards to other lands.
B. APPLICABILITY
1. The standards in this section shall apply to all lands within the special flood hazard area, as
depicted in the Flood Insurance Rate Map for Unincorporated Franklin County (FHBM) dated
September 15, 1978, which, with accompanying supporting data, Letters of Map Amendment
or Revision, or any amendments thereto, are adopted and incorporated by reference into this
Ordinance.
2. The standards in this section shall also apply to areas defined through standard engineering
analysis for private development or government agencies, but that are not yet incorporated
into the FHBM.
C. STANDARDS
[placeholder]
3.4.6 WATERSHED OVERLAY DISTRICT
A. PURPOSE
The purpose of a Watershed Overlay (WSO) district is to ensure the availability of public water
supplies at a safe and acceptable level of water quality, to ensure protection of public water
supplies for recreational and aesthetic purposes, to minimize sedimentation of streams, and to
protect the public health, safety, and welfare of the residents of the Town. More specifically, these
standards are intended to:
1. Ensure compliance with all applicable federal and State laws governing the protection of
water supply watersheds and the provision of stormwater management to protect, maintain
and enhance the public health, safety, environment and general welfare;
2. Protect those portions of designated water supply watersheds which lie closest to existing
and proposed water supply reservoirs from activities which could degrade water quality in the
reservoirs;
3. Minimize pollution entering municipal reservoirs to assure the public health and the public
provision of a continued supply of safe drinking water thereby protecting the water quality of
these water supply reservoirs and promoting public awareness; and
4. Encourage a low intensity of land development in the most sensitive portions of the water
supply watersheds (i.e., Critical Areas) thereby reducing the risks to water quality posed by
higher density residential and nonresidential uses.
B. WATERSHED SUB -AREAS DISTINGUISHED
Lands within a WSO district shall also be within one of the following sub -areas:
1. Watershed Overlay District Critical Area (WSO-CA);
2. Watershed Overlay District Protected Area (WSO-PA); and
3. Watershed Overlay District Balance of Watershed (WSO-BW).
C. GENERAL REQUIREMENTS
No activity, situation, structure, or land use will be allowed within the WSO which poses a threat
to water quality and the public health, safety, and welfare. Such conditions may arise from any of
the following:
1. Inadequate on -site sewage systems which utilize ground absorption;
2. Inadequate sedimentation and erosion control measures;
3. The improper storage or disposal of junk, trash or other refuse within a buffer area;
4. The absence of improper implementation of a spill containment plan for toxic and hazardous
materials;
5. The improper management of storm water runoff; or
Chapter 154 - Zoning Code Page 77

Section 3.4 Overlay Zoning Districts
6. Any other situation found to pose a threat to water quality.
D. STANDARDS APPLIED TO CRITICAL AREAS (WSO-II-CA)
1. ALLOWED USES
(a) AGRICULTURAL USES
(1) Agricultural uses are permitted subject to the provisions of the Security Act of 1985
and the Food, Agriculture, Conservation and Trade Act of 1990.
(2) Agricultural activities conducted after January 1, 1993 shall maintain a minimum of
ten foot vegetative buffer or equivalent control as determined by the Soil and Water
Conservation Commission, along all perennial streams indicated on the most recent
versions of USGS 1:24,000 (7.5 minute) scale topographic maps or as determined by
local government studies.
(3) Animal operations including more than 100 animal units shall employ the best
management practices recommended by the Soil and Water Conservation
Commission by July 1, 1994.
(b) SILVICULTURE
Silviculture is permitted, subject to the provisions of the Forest Practices Guidelines
Related to Water Quality (15 NCAC 11.6101-.0209).
(c) RESIDENTIAL DEVELOPMENT
(1) Residential development, including single-family detached and all other forms of
residential development are permitted.
(2) In order to maintain a predominantly undeveloped land use intensity pattern, single-
family residential uses shall be allowed at a maximum six percent built -upon area.
(d) NON-RESIDENTIAL DEVELOPMENT
(1) Non-residential development is permitted, but excluding the following:
(I) The storage of toxic and hazardous materials, unless a spill containment plan is
implemented;
(II) Landfills; and
(III)Sites for land application of sludge/residuals or petroleum contaminated soils.
(2) 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.
2. DIMENSIONAL REQUIREMENTS
Development in the WSO-II-CA portion of the WSO shall comply with the standards in Table
3.4.6D: Dimensional Requirements in the WSO-II-CA, and the following:
DIMENSIONAL REQUIREMENTS
•
FEATURE
REQUIREMENT
Minimum Lot Area (per Dwelling Unit (sq. ft.)
80,000
Minimum Lot Width (ft.)
150
Minimum Lot Depth (ft.)
300
Minimum Front Yard (ft.)
60
Minimum Side Yard (ft.)
60
Minimum Rear Yard (ft.)
25
Chapter 154 - Zoning Code Page 78

Section 3.4 Overlay Zoning Districts
E
Minimum Setback from the Edge of Stream or Water 20
Impoundment Buffer (ft.)
Maximum Ground Amount Covered by Impervious 6
Surface (% of lot areal
[1 ] In cases where the standards in this table conflict with the standards in
Table 3.2: General Zoning District Standards, the standards in this table
shall control.
3. DENSITY AND BUILT -UPON LIMITS
(a) Single family residential development shall not exceed one dwelling unit per two acres on
a project -by -project basis.
(b) No residential lot shall be less than two acres, except within an approved cluster
development.
(C) All other residential and non-residential
upon areas on a project -by -project basis
total project areas shall include total ac
developed.
4. REQUIRED BUFFERS
development shall not exceed six percent built-
. For the purpose of calculating built -upon area,
reage in the tract on which the project is to be
(a) A 100-foot water supply impoundment buffer shall be maintained around the ground
reservoir. The buffer shall be maintained perpendicular to the normal pool shoreline of
the reservoir and shall extend 100 feet from the normal pool shoreline of the
impoundment, inside the watershed draining into that impoundment.
(b) A 50-foot stream buffer is required on both sides of perennial streams on each lot. The
50-foot distance shall be measured from the top edge of each streambank.
(C) The buffers shall remain a part of the lots on which they are located and must be
maintained in a vegetated state by the property owner.
STANDARDS APPLIED TO THE BALANCE OF THE WATERSHED (WSO-II-
BW)
1. ALLOWED USES
(a) AGRICULTURAL USES
Agriculture uses are permitted, subject to the provisions of the Food Security Act of 1985
and the Food, Agriculture, Conservation and Trade Act of 1990.
(b) SILVICULTURE
Silviculture is permitted, subject to the provisions of the Forest Practices Guidelines
Related to Water Quality (15 NCAC 11.6101-0209).
(c) RESIDENTIAL DEVELOPMENT
(1) In order to maintain a predominantly undeveloped land use intensity pattern, single-
family residential uses shall be allowed at a maximum of one dwelling unit per acre.
(2) All other residential and non-residential development shall be allowed a maximum of
12 percent built -upon area.
(d) NON-RESIDENTIAL DEVELOPMENT
Chapter 154 - Zoning Code Page 79

Section 3.4 Overlay Zoning Districts
(1) Non-residential development is permitted, excluding discharging landfills and the
storage of toxic and hazardous materials, unless a spill containment plan is
implemented.
(2) Non -discharging landfills and sludge application sites are allowed.
(3) Non-residential uses may occupy 10 percent of the watershed area, outside of the
critical area with a 70 percent built -upon area when approved as a special intensity
allocation (SIA).
(4) The Watershed Administrator is authorized to approve SIA's consistent with the
provisions of this section. Projects must, to the maximum extent practicable, minimize
built -upon surface area, direct storm water away from surface waters and incorporate
best management practices to minimize water quality impacts.
2. DENSITY AND BUILT -UPON LIMITS
(a) SINGLE-FAMILY RESIDENTIAL
(1) Single-family residential development shall not exceed one dwelling unit per acre on
a project -by -project basis.
(2) No residential lot shall be less than one acre, except within an approved cluster
development.
(b) ALL OTHER RESIDENTIAL AND NON-RESIDENTIAL
(1) All other forms of residential development and non-residential development shall not
exceed 12 percent built -upon areas on a project -by -project basis. However, up to 5
percent of the balance of the watershed may be developed for non-residential uses
to 70 percent built -upon area on a project -by- project basis.
(2) For the purpose of calculating built -upon area, total project areas shall include total
acreage in the tract on which the project is to be developed.
F. STANDARDS APPLIED TO PROTECTED AREAS (WSO-IV-PA)
1. APPLICABILITY
(a) Only new development activities in a WS-IV watershed that require an
erosion/sedimentation control plan under State law or an approved local program are
required to meet the provisions of this subsection.
(b) The Town measures the Protected Area of a WS-IV watershed using 10 stream miles
instead of ten land miles, in accordance with the North Carolina Administrative Code.
2. ALLOWED USES
(a) AGRICULTURAL USES
Agricultural uses are permitted, subject to the provisions of the Food Security Act of 1985
and the Food, Agriculture, Conservation, and Trade Act of 1990;
(b) SILVICULTURE
Silviculture uses are permitted, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 11.6101-.0209);
(c) RESIDENTIAL DEVELOPMENT
Residential development is permitted.
(d) NONRESIDENTIAL DEVELOPMENT
Non-residential development is permitted, excluding discharging landfills and the storage
of toxic and hazardous materials, unless a spill containment plan is implemented.
3. DENSITY AND BUILT -UPON LIMITS
(a) SINGLE-FAMILY RESIDENTIAL
Chapter 154 - Zoning Code Page 80

Section 3.4 Overlay Zoning Districts
Single-family residential development shall not exceed two dwelling units per acre, as
defined on a project -by -project basis.
(b) ALL OTHER RESIDENTIAL AND NON-RESIDENTIAL
(1) All other residential and non-residential development shall not exceed 24 percent
built -upon areas on a project -by -project basis.
(2) For developments without a curb and gutter street system, development shall not
exceed three units an acre or 36 percent built -upon area on a project -by -project
basis. For the purpose of calculating built -upon area, total project area shall include
the total acreage in the tract or lot(s) on which the project is to be developed.
(c) SPECIAL INTENSITY ALLOCATION (SIA)
(1) In addition to the development allowed under subsection (b) above, new
development and expansion to existing development may occupy up to 10 percent of
the protected area and up to 70 percent built -upon area on a project -by -project basis,
when approved as a special intensity allocation (SIA).
(2) The Watershed Administrator is authorized to approve special intensity allocations in
accordance with the provisions of this section.
(3) Applicants seeking an SIA shall, to the maximum extent practicable, minimize built -
upon surface area, direct storm water away from surface waters, and incorporate
best management practices to minimize water quality impacts.
(4) For the purpose of calculating built -upon area, total project area shall include the total
acreage in the tract or lot(s) on which the project is to be developed.
G. BUFFERS REQUIRED ALONG PERENNIAL STREAMS
1. All development within the WSO shall provide a 30-foot buffer along all perennial streams
indicated on the most recent versions of USGS. 1:24,000 (7.5 minute) scale topographic
maps or as determined by local government studies.
2. Development exceed the low density option shall provide a 100-foot vegetative buffer along
all perennial streams indicated on the most recent versions of USGS. 1:24,000 (7.5 minute)
scale topographic maps or as determined by local government studies.
3. No new development is allowed in a required buffer except public projects such as road
crossings and greenways where no practical alternative exists. These activities should
minimize built -upon surface area, direct runoff away from the surface water, and maximize
the utilization of storm water best management practices.
4. Artificial stream bank or shoreline stabilization is permitted within required buffers.
H. CLUSTER DEVELOPMENT
Clustering of development is allowed in the WSO under the following conditions:
1. 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 the WSO-II-CA, WSO-II-BW, or WSO-IV-PA, as appropriate.
2. Built -upon area or storm water control requirements of the project shall not exceed that
allowed for the critical area or balance of watershed, whichever applies.
3. All built -upon area shall be designed and located to minimize storm water runoff impact to
receiving waters and minimize concentrated storm water flow.
4. The remainder of the tract shall remain in a vegetated or natural state. Where the
development has an incorporated property owners association, the title of 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.
Chapter 154 - Zoning Code Page 81

Section 3.4 Overlay Zoning Districts
EXISTING DEVELOPMENT
Any existing development may be continued and maintained subject to the provisions provided in
this subsection. Expansions to structures classified as existing development must meet the
requirements of this section, however, the built -upon area of existing development is not required
to be included in the density calculations.
1. VACANT LOTS
Vacant lots for which plats or deeds have been recorded in the office of the Register of
Deeds of Franklin County may be used for any of the uses allowed in the watershed area in
which it is located, provided that whenever two or more contiguous residential vacant lots of
record are in single ownership at any time after September 30, 1993, and such lots
individually have less area than the minimum requirements for residential purposes for the
watershed area in which such lots are located, such lots shall not be required to be
recombined into lots which meet the standards of this section if such lots meet the standards
of this Ordinance and Franklin County Health Department requirements.
2. OCCUPIED LOTS
Lots occupied for residential purposes may continue to be used, provided that whenever two
or more adjoining lots of record, one of which is occupied, are in single ownership at any time
after September 30, 1993, and such lots individually or together have less area than the
minimum requirements for residential purposes for the watershed area in which they are
located, such lots shall be combined to create lots which meet the minimum size
requirements or which minimize the degree of nonconformity.
3. NONCONFORMING USES OF LAND
Lawfully -established uses of land established prior to September 30, 1993 which are no
longer permitted under these standards may be continued, subject to the following:
(a) When use of land has been changed to an allowed use, it shall not thereafter revert to
any prohibited use.
(b) Such use of land shall be changed only to an allowed use.
(C) When such use ceases for a period of at least one year, it shall not be reestablished.
4. RECONSTRUCTION OF BUILDING OR BUILT -UPON AREAS
(a) Any existing building or built -upon area in the WSO not in conformance with these
standards that has been damaged or removed may be repaired and/or reconstructed.
(b) There are no restrictions on single-family residential development, provided:
(1) Repair or reconstruction is initiated within 12 months and completed within two years
of such damage.
(2) The total amount of space devoted to built -upon area may not be increased unless
storm water control that equals or exceeds the previous development is provided.
Chapter 154 - Zoning Code Page 82

ARTICLE 154.4 USES
TABLE OF CONTENTS
4.1 Principal Use Table.................................................................................................. 84
4.1.1
Table Structure................................................................................................................................
84
4.1.2
Uses Permitted By-Right.................................................................................................................
84
4.1.3
Uses Requiring Special Use Review...............................................................................................
84
4.1.4
Prohibited Uses...............................................................................................................................
84
4.1.5
Additional Standards........................................................................................................................
85
4.1.6
Unlisted Uses...................................................................................................................................
85
4.1.7
Principal Use Table..........................................................................................................................
85
4.2 Use Classifications, Categories, and Types........................................................... 90
4.2.1
Purpose............................................................................................................................................90
4.2.2
Organization of Uses.......................................................................................................................
90
4.2.3
Use Categories in the Agricultural Use Classification.....................................................................
90
4.2.4
Use Categories in the Residential Use Classification.....................................................................
91
4.2.5
Use Categories in the Institutional Use Classification.....................................................................
92
4.2.6
Use Categories in the Commercial Use Classification....................................................................
93
4.2.7
Use Categories in the Industrial Use Classification.........................................................................
95
4.3 Use -Specific Standards...........................................................................................
97
4.3.1
Residential Uses..............................................................................................................................
97
4.3.2
Institutional Uses...........................................................................................................................
103
4.3.3
Commercial Uses..........................................................................................................................
109
4.3.4
Industrial Uses...............................................................................................................................
111
4.4 Accessory Use Standards..................................................................................... 113
4.4.1
Purpose..........................................................................................................................................113
4.4.2
Procedure For Establishment........................................................................................................
113
4.4.3
General Standards.........................................................................................................................
113
4.4.4
Standards for Accessory Structures Associated with a Residential Use ......................................
114
4.4.5
Standards for Home Occupations.................................................................................................
115
4.4.6
Outdoor Storage in Commercial Districts......................................................................................
116
4.5 Temporary Use Standards.....................................................................................
116
4.5.1
Purpose..........................................................................................................................................116
4.5.2
Applicability....................................................................................................................................116
4.5.3
General Standards for Temporary Uses........................................................................................
116
4.5.4
Standards for Specific Temporary Uses........................................................................................
117
Chapter 154 - Zoning Code Page 83

Section 4.1 Principal Use Table
4.1.1 TABLE STRUCTURE
A. Table 4.1.7, Principal Use Table, lists principal use types and indicates for each zoning district
whether the principal use type is permitted by -right, as a conditional use, or prohibited. It also
includes a reference to any specific standards that may apply to a particular use type.
B. Use types are organized by one four different use classifications (residential, institutional,
commercial, or industrial), and all the rows within a particular use classification have the same
color.
C. Within each use classification, use types are further organized by use category. See Section 4.2,
Use Classifications, Categories, and Types, for more details on the use category organizing
system.
4.1.2 USES PERMITTED BY -RIGHT
A "P" in a cell of the principal use table indicates that the specific use type is permitted by -right in the
corresponding zoning district, subject to compliance with any additional standards referenced in the
principal use table.
4.1.3 USES REQUIRING SPECIAL USE REVIEW
An "S" in a cell of the principal use table indicates that the specific use type is permitted in the
corresponding zoning district only upon approval of a special use permit in accordance with Section
2.4.10, Special Use Permit, and any additional standards referenced in the summary table of principal
uses.
4.1.4 PROHIBITED USES
A. A in a cell of the principal use table indicates that the specific use type is prohibited in the
corresponding zoning district.
B. The following principal uses are prohibited throughout the Town's zoning jurisdiction in all zoning
districts:
1. Acetylene gas manufacture;
2. Acid manufacture;
3. Ammonia, bleaching powder or chlorine manufacture;
4. Asphalt manufacture or refining;
5. Brick, tile, or terra cotta manufacture;
6. Cellophane manufacture;
7. Cement, lime, or plaster manufacture;
8. Creosote manufacture or treatment plants;
9. Distillation of bones, coal, petroleum, refuse, grain, tar and wood;
10. Drive-in theaters;
11. Explosives, ammunition, fireworks or gunpowder manufacture;
12. Fat rendering, or production of fats and oils from animal or vegetable products by boiling or
distillation;
13. Fertilizer or any other product involving the use of dusty or granular products, unless the
manufacturing process and the transfer of ingredients is carried on indoors or is so screened
that the emanation of dust beyond the property line is prohibited;
14. Garbage, offal, or animal reduction and processing;
15. Glue and size manufacture;
16. Hazardous materials handling;
17. Helicopter landing pads, or helicopter landings, except as part of an emergency;
18. Junkyards;
Chapter 154 - Zoning Code Page 84

Section 4.1 Principal Use Table
19. Leather and leather products manufacturing involving tanning;
20. Linseed oil, shellac, turpentine manufacture or refining;
21. Nitrogenous tankage, fish meal or manufacture of any fertilizer materials carrying an
objectionable odor;
22.Off-premise signage, including outdoor advertising or billboards;
23.Oilcloth or linoleum manufacture;
24.Ore reduction;
25. Pulp mills;
26. Shooting range (indoor or outdoor);
27. Single -room occupancy dwelling units; or
28. Slaughterhouse.
4.1.5 ADDITIONAL STANDARDS
When a specific use type is permitted in a zoning district, there may be additional standards that are
applicable. Such additional standards are referenced in the principal use table column titled "Additional
Standards." These standards shall apply to a specific use type regardless of the zoning district, unless
otherwise specified.
4.1.6 UNLISTED USES
A. For land uses not listed in Table 4.1.7, Principal Use Table, not listed as a part of a use category
or use type, and not listed as a prohibited use in Section 4.1.4, Prohibited Uses, the Zoning
Administrator shall determine which use category or use type to which the land use belongs in
accordance with Section 2.4.5, Interpretation.
B. Nothing shall limit the Zoning Administrator from requiring approval of text amendment to this
Ordinance, in accordance with Section 2.4.12, Text Amendment, prior to accepting an application
for a use determined as an unlisted use through the Interpretation procedure in Section 2.4.5,
Interpretation.
4.1.7 PRINCIPAL USE TABLE
The summary table of principal uses sets out the range of principal uses in Franklinton, the procedures
where they are allowed, and the type of review approval necessary to establish the use.
Chapter 154 - Zoning Code Page 85

Section 4.1 Principal Use Table
TABLE -.TABLE
P Permitted S Permitted ith Special Use A Allowed in a PD District Prohibited
LU
Cn
AGRICULTURE USE CLASSIFICATION
Agriculture/ Horticulture
P
P
P
P
P
P
a) o
Q=
c
M
Animal Husbandry
S
Q U)
.�
Farm Machinery Sales, Rental,
P
S
P
S
or Service
U 0
a� Q
Feed and Grain Sales and
S
S
S
A
Q cM
Storage
o
Equestrian Facility
S
S
S
S
A
Feed and Grain Sales and
S
S
S
A
Storage
S
U
a
Nursery, Production
S
S
S
A
Q
Q
C/)
Roadside Market
S
S
S
S
S
S
S
A
RESIDENTIAL USE CLASSIFICATION
Doublewide Manufactured
P
A
4.3.1A
Home
Singlewide Manufactured Home
0)
Manufactured Home Park
S
4.3.1 B
c
J
Multi -family Dwelling
S
S
A
4.3.1C
o
Single-family Detached
P
P
P
P
P
P
P
P
A
4.3.1 E
Dwelling
a)
Three- or Four -family Dwelling
S
S
A
4.3.1 C
0
=
Townhouse
S
S
A
4.3.1 F
Two-family Dwelling
S
S
S
S
P
S
P
A
Upper Floor Residential
P
P
P
S
A
CL o)
Boarding House
P
P
P
P
P
P
P
P
P
P
A
D c
.5;
0
CD 1D
Family Care Home
P
P
P
P
P
P
P
P
P
P
A
INSTITUTIONAL USE CLASSIFICATION
Chapter 154 - Zoning Code Page 86

Section 4.1 Principal Use Table
TABLE
-.TABLE
P Permitted S Permitted
ith Special
Use
A Allowed
in
a PD
District
Prohibited
LU
Community Center
S S
S
S
S
S
S
S
A 4.3.2C
Cultural Facility, Major
P
S
S
S
P
S
P
P
P
A
Cultural Facility, Minor
P
P
P
P
P
P
P
P
P
A
U
22!
Governmental Facility
S
S
S
S
S
S
S
P
P
P
A
U
Public Safety
P
P
P
S
A
School, Major
S
S
S
S
S
S
A
School, Minor
S
S
S
S
S
S
S
S
A
a�
UDay
Care Center
S
S
S
S
S
S
S
S
A
a)
Hospital
S
S
A
r U
Medical Office
S
S
S
S
S
P
P
S
A
c
Club or Lodge
S
S
S
S
S
S
S
S
A
4.3.213
0
15
Life Care Institution
S
S
S
S
S
S
S
S
A
c
Religious Facility
P
P
P
P
P
P
P
P
A
4.3.2D
c
Q
Golf Course
S
S
S
S
A
O Y)
0
L
Y Q
Parks, Playgrounds, &
P
P
P
P
P
P
P
P
P
P
A
Recreation Areas
CL
c
0
L
0
Transportation Terminal
S
S
S
A
c
co
L
Solar Array
S
A
4.3.2E
Telecommunications Facility,
S
S
S
4.3.2F
(n
Major
Telecommunications Facility,
P
P
P
P
P
P
P
P
P
P
P
A
4.3.2F
Minor and Stealth
Utilities, Major
S
S
S
S
A
4.3.2G
Utilities, Minor
P
P
P
P
P
P
P
P
P
P
P
P
A
4.3.2G
COMMERCIAL USE CLASSIFICATION
c
E
All
S
4.3.3A
Qw
Chapter 154 - Zoning Code Page 87

Section 4.1 Principal Use Table
TABLE
-.TABLE
P Permitted S Permitted
ith
Special
Use
A Allowed
in
a PD
District
Prohibited
LU
Cn
Animal Care
S
S
S
A
�U
Q
ERestaurant,
Major
S
P
P
A
c �
w ERestaurant,
Minor
P
P
P
S
A
w
a�
Office
P
P
P
A
O
o6 c
Internet Sweepstakes Cafe
S
4.3.313
o
c
cRecreation
'co
and Entertainment,
S
S
S
A
4.3.3D
L L
Major
U N
a�
Recreation and Entertainment,
P
S
P
A
4.3.3D
w
Minor
v�
Personal Service
S
S
P
A
c
Establishment, Major
LL
Personal Service
P
P
P
A
Establishment, Minor
a�
ABC Store
P
P
A
Retail Sales, Major
S
P
A
Retail Sales, Minor
P
P
P
A
a�
Shopping Center
S
S
A
4.3.3E
-0
Pawn Shop
S
S
c
co
�
-
Secondhand Sales, Major
S
S
S
A
o
U
U
U)
Secondhand Sales, Minor
P
P
P
A
a�
Vehicle Sales & Service, Major
S
S
S
S
A
U) >
U (n
a� o6
Vehicle Sales & Service, Minor
P
P
P
A
E
o E o
o .P
Visitor Accommodations, Major
P
S
P
A
_
> 0
0
Chapter 154 - Zoning Code Page 88

Section 4.1 Principal Use Table
TABLE -.TABLE
P Permitted S Permitted ith Special Use A Allowed in a PD District Prohibited
LU
Cn
Visitor Accommodations, Minor S S S S S P A 4.3.3C
INDUSTRIAL USE CLASSIFICATION
v�
General Industrial Service,
S
S
4.3.4A
Major
a)
U)
General Industrial Service,
S
S
S
S
A
4.3.4A
—
Minor
0)
c
L
Manufacturing
S
4.3.4A
c
c�
L O
7
O
Mining and Extraction
S
4.3.413
a�
W
0)
c �
Y) 0)
0 o
Warehousing & Commercial
S
S
S
A
4.3.4A
a� U)
L
Storage
^X
W
92
9
Convenience Center
S
S
S
S
S
S
S
S
S
S
S
A
4.3.4A
a�
Wholesale Facility
S
S
S
A
4.3.4A
O
Chapter 154 - Zoning Code Page 89

Section 4.2 Use Classifications, Categories, and Types
4.2.1 PURPOSE
This section is intended to provide a systematic framework for identifying, describing, categorizing,
consolidating, and distinguishing land uses to determine how a specific land use activity, or combination
of activities, is to be considered when applying the principal use table and other provisions in this
Ordinance.
4.2.2 ORGANIZATION OF USES
Section 4.2, Use Classifications, Categories, and Types, organizes principal uses by use classifications,
use categories, and use types to provide a systematic basis for identifying, describing, categorizing,
consolidating, and distinguishing land uses to determine whether a specific use is permitted in a particular
zoning district
A. USE CLASSIFICATIONS
The use classifications identify broad classifications of land use and include residential uses,
institutional uses, commercial uses, and industrial uses. Use classifications are further broken
down into a series of general "use categories" and specific "use types."
B. USE CATEGORIES
The use categories describe the major sub -groups of the respective use classifications and are
based on common functional, product, or physical characteristics, such as the type and amount of
activity, the type of customers or residents, how goods or services are sold or delivered, and site
conditions. For example, the Residential Use Classification is divided into the Household Living
and Group Living use categories. Use categories are further broken down into a series of
individual "use types."
C. USE TYPES
The specific use types are included in the respective use category. They identify the specific
principal uses that are considered to fall within characteristics identified in the use category. For
example, single-family detached dwellings, two-family dwellings, multi -family dwellings,
manufactured homes, and upper -story residential are use types in the Household Living use
category.
D. DEVELOPMENTS WITH MULTIPLE PRINCIPAL USES
When all principal uses of a development fall within one use category, the entire development is
assigned to that use category. When the principal uses of a development fall within different use
categories, then each principal use is classified in the applicable use category and each use is
subject to applicable regulations for that use category. Developments with multiple principal uses,
such as shopping centers, shall incorporate only those use types allowed in the applicable zoning
district.
4.2.3 USE CATEGORIES IN THE AGRICULTURAL USE CLASSIFICATION
Table 4.2.3, Agricultural Use Classification, sets out the use categories included in the agricultural use
classification in Table 4.1.7, Principal Use Table. It also describes the characteristics and examples of
the use types in each use category.
Chapter 154 - Zoning Code Page 90

Section 4.2 Use Classifications, Categories, and Types
AGRICULTURALTABLE 4.2.3:
USE
CHARACTERISTICS
ExAMPLES
The Agriculture/Horticulture Use Category is characterized by general agricultural activities, including the
cultivation and production of orchard, garden, or nursery crops on a small or large scale, the production of field
grown crops, specialty crops, flowers, fruit, grapes, market gardening, nursery stock, nuts, ornamental plants,
Agriculture/
sod, vegetables, and similar horticultural uses. The use category also includes agronomy, aquaculture,
biotechnical agriculture (including education parks for biotechnical agriculture or a demonstration farm), fisheries,
Horticulture
honey production, and similar uses. Accessory uses may include offices, storage areas and repair facilities
related to agriculture uses.
Examples use types include agronomy, aquaculture, biotechnical, crop farming, fisheries, apiculture, silviculture,
plant nurseries, and similar uses.
The Animal Husbandry Use Category is characterized by the commercial and non-commercial propagation,
rearing, exercising, feeding, milking, housing, controlling, handling, or general care of living animals and
livestock.
Animal Husbandry
Example use types include the raising and production of cattle (beef and dairy), pigs, mules, ducks, horses,
goats, poultry, sheep, and similar livestock or domesticated animals. Breeding and rearing of animals typically
thought of as household pets (e.g., dogs, cats, small rodents, etc.) is not animal husbandry.
The Major Agricultural Support Use Category is characterized by commercial establishments engaged in the
sales, repair, rental, and storage of tools, equipment, supplies, and machinery in support of farms, farming,
Agricultural
a riculture, or horticulture.
Support, Major
Example use types include farm equipment sales, agricultural product processing, sales of farming supplies,
establishments engaged in repair, refurbishment, servicing of farm equipment (whether on -site or in a centralized
location), agricultural research facilities, and similar uses.
The Minor Agricultural Support Use Category is characterized by establishments and uses that indirectly support
agricultural activities, including sales of products grown on a farm, provision of farm -related experiences (e.g.,
Agricultural
immersion farming or pick -your -own establishments), tourism, storage of farm products, and sales of farm -
related products.
Support, Minor
Examples use types include agri-education, agri-entertainment, direct -market businesses for the sale of produce
grown on -site, equestrian facilities, feed and grain sales, farm -based tourism, wineries, farm co-ops, farmers
markets, produce sales, and similar uses.
NOTES:
[1 ] Uses listed in Section 4.1.4, Prohibited Uses, are not allowed within any zoning district in the Town.
4.2.4 USE CATEGORIES IN THE RESIDENTIAL USE CLASSIFICATION
Table 4.2.4, Residential Use Classification, sets out the use categories included in the residential use
classification in Table 4.1.7, Principal Use Table. It also describes the characteristics and examples of
the use types in each use category.
Chapter 154 - Zoning Code Page 91

Section 4.2 Use Classifications, Categories, and Types
4.2.5 USE CATEGORIES IN THE INSTITUTIONAL USE CLASSIFICATION
Table 4.2.5, Institutional Use Classification, sets out the use categories included in the institutional use
classification in Table 4.1.7, Principal Use Table. It also describes the characteristics and examples of
the use types in each use category.
TABLE
USE CATEGORY
CHARACTERISTICS
ExAmPLES
The Civic Use Category includes use types of a public, nonprofit, or charitable nature that provide government
services, cultural amenities, public safety services, and educational services. Services and facilities typically
include meeting areas, display areas, recreational features, as well as indoor facilities used primarily for business
or professional conferences, seminars, and training programs. Generally, such uses are open to or provide
services to members of the general public. This includes, but is not limited to, assembly facilities, public safety
facilities, community and cultural facilities, and government facilities. Accessory uses may include parking,
training facilities, kitchens/cafeterias, recreation areas, offices, meeting rooms, storage, food sales or
consumption.
Example use types include community centers, museums, libraries, governmental offices, post offices, public
CIVIC
safety uses, senior centers, youth clubs, and educational facilities (both public and private).
Major Cultural
A cultural facility with more than 3,000 square feet of gross floor area, or seating for more
Facility use type
than 100 persons.
Minor Cultural
A cultural facility with 3,000 square feet of gross floor area or less that seats less than 100
Facility use type
persons.
Major School use
A school use consisting of a high school, post -secondary educational facility, or vocational
type
school.
Minor School use
An elementary, middle, or a distance vocational school where no instruction is provided
type
in -person.
The Day Care Use Category includes use types that provide care, protection, and supervision for children or
adults on a regular basis away from their primary residence, and for less than 24 hours a day. Care can include
education and development activities. Care can be provided during daytime or nighttime hours. Accessory uses
include offices, food preparation, recreation areas, and parking.
Day Care
Example use types day care centers, nurseries, nursery schools, adult day care facilities. Home day care is
considered an accessory use. Drop -in or short-term day care provided in connection with employment or at a
shopping center, recreational facility, religious institution, hotel, or other principal uses are not included in the
Day Care Use Category.
The Health Care Use Category includes use types that provide medical or surgical care and treatment to patients
as well as laboratory services Accessory uses may include offices, laboratories, laundry facilities, teaching
facilities, meeting areas, cafeterias, parking, maintenance facilities, housing for staff or trainees, and limited
Health Care
accommodations for family members.
Example use types include hospitals, outpatient medical facilities, urgent care providers, medical offices
(doctors, dentists, radiologists, etc.), clinics, congregate care, memory care, drug and alcohol treatment facilities,
psychiatric treatment facilities, and blood/tissue collection facilities.
The Institutions Use Category includes use types devoted to gathering for worship, civic interest, and facilities for
the care of the elderly or infirm. Accessory uses may include kitchens/cafeterias, recreation areas, offices,
Institutions
meeting rooms, and parking.
Examples use types include fraternal clubs, lodges, civic associations, nursing homes, rest homes, assisted
living facilities, halfway houses, churches, temples, andsynagogues,
The Parks and Open Areas Use Category includes use types that focus on open space areas largely devoted to
vegetative landscaping or outdoor recreation and that tend to have few structures. Accessory uses may include
Parks & Open
club houses, recreational structures, statuary, fountains, maintenance facilities, concessions, parking, and
Areas
columbaria and mausoleums as accessory to cemeteries).
Example use types include arboretums or botanical gardens, parks, community gardens, areas of undisturbed
vegetation on land owned by the public or a conservation entity, public golf courses, and cemeteries.
Chapter 154 - Zoning Code Page 92

Section 4.2 Use Classifications, Categories, and Types
TABLE
USE CATEGORY
CHARACTERISTICS
ExAMPLES
The Transportation Use Category includes use types that provide for the landing and takeoff of airplanes and
helicopters, and passenger terminals for surface transportation. Accessory uses may include freight handling
areas, concessions, offices, parking, maintenance, and fueling facilities.
Transportation
Example use types include airports, helicopter landing facilities, and passenger terminals for ground
transportation (train, bus). Transit route facilities such as bus stops, bus shelters, and park -and -ride facilities are
classified as Utilities.
The Utilities Use Category includes both major and minor utilities as well as wireless telecommunications
facilities. Major utilities are infrastructure services that provide regional or community -wide service. Minor utilities
are neighborhood or subdivision infrastructure services that need to be located in or near the neighborhood or
subdivision where the service is provided. Communication or broadcasting facilities and wireless
telecommunication facilities are also types of utilities. Services may be publicly or privately provided. Accessory
uses may include offices, parking, monitoring, storage areas, or data transmission equipment.
Example use types include solar arrays, telecommunications facilities (towers and antenna collocations), major,
and minor utilityfacilities.
Utilities
A utility providing regional or community -wide service that normally entails the
Major Utility
construction of new buildings or structures. Examples include potable water treatment
plants, electrical generation plants, utility equipment and storage yards, and wind and
energy facilities.
A utility providing a localized service or network function that is small in scale and impact.
Minor Utility
Examples include natural gas border stations, utility substations, water towers, pump
stations, stormwater management facilities, telephone exchanges, and facilities serving
transit.
NOTES:
[1] Uses listed in Section 4.1.4, Prohibited Uses, are not allowed within any zoning district in the Town.
4.2.6 USE CATEGORIES IN THE COMMERCIAL USE CLASSIFICATION
Table 4.2.6, Commercial Use Classification, sets out the use categories included in the commercial use
classification in Table 4.1.7, Principal Use Table. It also describes the characteristics and examples of
the use types in each use category.
4.2.6: COMMERCIAL USE CLASSIFICATION
USE CATEGORY
CHARACTERISTICSTABLE
- LES
Adult
Establishment
An adult use as defined in Section 14-202.10(2) of the North Carolina General Statutes.
The Animal Care Use Category is characterized by uses related to the provision of medical services and
treatment to animals, including veterinary services, animal hospitals, and the boarding of animals related to the
Animal Care
provision of these services.
Examples use types include animal shelters, animal grooming, kennels (outdoor and indoor), animal hospitals,
and veterinary clinics.
The Eating Establishments Use Category includes use types that prepare and sell food and beverages for
immediate or direct on- or off -premise consumption. Accessory uses may include bars or cocktail lounges
associated with the establishment, decks and patios for outdoor seating, drive -through facilities, facilities for live
entertainment or dancing, customer and employee parking areas, and valet parking facilities.
Example use types include restaurants (including brewpubs) with indoor and outdoor seating, bars or nightclubs,
Eating
caterers, restaurants with drive -through service, specialty eating establishments (ice cream parlors, bakery
Establishments
shops, dessert shops, juice or coffee houses). Accessory uses may include bars or cocktail lounges associated
with the establishment, decks and patios for outdoor seating, drive -through facilities, facilities for live
entertainment or dancing, customer and employee parking areas, and valet parking facilities.
Major Restaurant
An eating establishment with a drive -through, a bar, or with more than 150 seats
(including outdoor seating), or with more than 2,000 square feet of floor area, or more.
Minor Restaurant
An eating establishment with no drive -through, walk-up only service, 50 or fewer seats
(including outdoor seating), or 2,000 square feet of floor area or less.
The Office Use Category includes use types that provide for activities that are conducted in an office setting and
Offices
generally focus on business, professional, or financial services. Accessory uses may include cafeterias, day
care facilities, recreational or fitness facilities, parking, supporting commercial, or other amenities primarily for the
Chapter 154 - Zoning Code Page 93

Section 4.2 Use Classifications, Categories, and Types
lei 0
use of employees in the business or building.
Example use types include business and sales offices (such as lenders, banks, brokerage houses, tax
preparers, and real estate agents), and professional services (such as lawyers, accountants, engineers, or
architects). Offices that are part of and located with a principal use in another use category are considered
accessory to the establishment's primary activity. Contractors and others who perform services off -site are
included in the Offices Use Category if equipment and materials are not stored outside and no fabrication,
services, or similar work is carried on at the site. Government offices are classified as Civic uses. Medical and
dental clinics, medical or dental labs, and blood collection facilities are classified as Health Care uses. Financial
institutions offering drive -through or walk-up service to patrons (branch banks or credit unions) are classified as
Personal Services.
The Recreation and Entertainment Use Category is characterized by use types that provide recreational,
amusement, and entertainment opportunities that are privately -owned and commercial in nature. Uses may be
either indoors, outdoors, or both.
Example use types include major and minor recreation and entertainment.
Internet Sweepstakes
A commercial establishment that provides access to the internet, on a computer
Cafe
located in the establishment for the purpose of engaging in games of skill or games of
Recreation &
chance in pursuit of some form of winnings.
Entertainment
Major uses include recreational uses occurring outdoors (private golf driving ranges
Major Recreation &
and privately -owned miniature golf facilities; go-cart racing, race -track, or dirt -track
Entertainment
facilities; water parks, and amusement parks; and privately -owned active sports
facilities such as ball fields, courts, and archery ranges), billiard halls, dance halls, and
internet sweepstakes cafes.
Minor Recreation &
Minor uses include indoor commercial recreation uses, bowling alleys, movie theatres,
Entertainment
dance and yoga studios, fitness centers, sports instructional schools, martial arts
instruction, and similar uses.
The Personal Service Use Category is characterized by use types related to the provision of services or product
repair for consumers. Personal services use types meet frequent or recurrent service needs of a personal
nature, including the repair of small personal items such as shoes, watches, jewelry, and clothing.
Example use types include financial institutions like check cashing establishments or payroll lenders,
laundromats, laundry and dry-cleaning drop-off establishments, photographic studios, mailing or packaging
Personal Services
services, photocopy and blueprint services, locksmiths, hair salons and barber/beauty shops, tanning and nail
salons, tattoo parlors and body piercing establishments, massage therapy and day spas, dance or music
instruction, and psychics or mediums.
Major Personal
A personal services establishment with more than 3,000 square feet of gross floor
Services Establishment
area.
Minor Personal
Services Establishment
A personal services establishment with 3,000 square feet of gross floor area or less.
The Retail Sales Use Category includes use types involved in the sale, lease, or rent of new or used products
primarily intended for the general public. Accessory uses may include offices, storage of goods, limited
assembly, processing, or repackaging of goods for on -site sale, concessions, ATM machines, outdoor
display/sales areas, and parking. Use types within this use category are categorized based on their intensity,
scale, and function.
Example use types include stores selling, leasing, or renting consumer, home, and business goods, whether new
or used, including art and art supply stores, audio/video stores, bicycle sales, book stores, clothing stores,
convenience stores, department stores, dry good sales, electronic equipment stores, fabric shops, furniture
stores, florist shops, garden supply centers, gift shops, grocery stores, hardware stores, stores that sell
Retail Sales
household products, jewelry stores, office supply stores, pet and pet supply stores, and pharmacies. Accessory
uses may include storage of products for sale, offices, concessions, seating areas, areas for testing of products
prior to purchase, and provision ofproduct-related service or repair.
Major Retail Sales
A retail sales establishment that includes a drive -through, or 3,000 or more square
feet of floor area.
Minor Retail Sales
A retail sales establishment that does not include a drive -through and is less than
3,000 square feet in floor area.
A shopping center is a building (or buildings) with two or more establishments
Shopping Center
engaged in retail sales or other commercial activities regardless of the amount of floor
area involved.
The Secondhand Sales Use Category is comprised of retail sales uses engaged in the resale of products to
others.
Example use types include pawn shops, auction houses, flea markets, thrift stores, and similar uses.
Secondhand Sales
Major Secondhand
A secondhand sales establishment with 3,000 or more square feet of floor area.
Sales
Minor Secondhand
Sales
A secondhand sales establishment with less than 3,000 square feet in floor area.
Chapter 154 - Zoning Code Page 94

Section 4.2 Use Classifications, Categories, and Types
lei 0
The Vehicle Sales & Service Use Category includes use types involving the direct sale; rental; storage; and
servicing of automobiles, trucks, boats, motorcycles, recreational vehicles, and other consumer motor vehicles
intended to transport persons or goods over land or water or through the air, whether for recreation, commerce,
or personal transport. Accessory uses may include offices, sales of parts, maintenance facilities, parking,
outdoor display, and vehicle storage.
Example use types include vehicle sales or rentals; automotive repair and servicing; automotive
Vehicle Sales &
painting/bodywork; boat and marine sales or rental; aircraft parts, sales, and maintenance; transmission shops;
Service
automotive wrecker services; oil change, state vehicle inspection, and muffler shops; automotive parts sales and
maintenance; car wash and auto detailing; and tire sales and mounting services.
Major Vehicle Sales &
Establishments that are primarily engaged in vehicle sales, rental, storage, towing,
services
and major repair such as transmission, engine repair and bodywork and repainting.
Minor Vehicle Sales &
Establishments that are primarily engaged in washing cars, tire sales, minor repair
Service
such as diagnostic work, lubricating, wheel alignment and inspections, but no vehicle
sales or rental.
The Visitor Accommodations Use Category includes use types that provide lodging units or space for short-term
stays for rent, lease, or interval occupancy. Accessory uses may include pools and other recreational facilities,
limited storage, restaurants, bars, supporting commercial, meeting facilities, offices, and parking.
Visitor
Example use types include hotels, motels, bed and breakfast inns, extended stay facilities, and hunting lodges.
Accommodations
Major Visitor
A visitor accommodation use with more than six guest rooms.
Accommodations
Minor Visitor
Accommodations
A visitor accommodation use with six or fewer guest rooms.
NOTES:
1 Uses listed in Section 4.1.4, Prohibited Uses, are not allowed within any zoning district in the Town.
4.2.7 USE CATEGORIES IN THE INDUSTRIAL USE CLASSIFICATION
Table 4.2.7, Industrial Use Classification, sets out the use categories included in the industrial use
classification in Table 4.1.7, Principal Use Table. It also describes the characteristics and examples of
ine use types
In eacn use category.
4.2.7: INDUSTRIAL USE CLASSIFICATION
USE CATEGORY
CHARACTERISTICSTABLE
ExAMPLES
The Industrial Services Use Category includes use types involving the repair or servicing of industrial, business,
or consumer machinery equipment, products, or by-products. Firms that service consumer goods do so by
mainly providing centralized services for separate retail outlets. Contractors and building maintenance services
and similar uses perform services off -site. Few customers, especially the general public, come to the site.
Accessory activities may include limited retail or wholesale sales, offices, parking, warehousing, and outdoor
storage.
Example use types include machine shops; tool repair; electric motor repair; repair of scientific or professional
instruments; heavy equipment sales, rental, or storage; heavy equipment servicing and repair; building, heating,
Industrial Services
plumbing, or electrical contractors; fuel oil or bottled gas distributors; research and development facilities;
laundry, dry-cleaning, and carpet cleaning plants; and general industrial service uses. Contractors and others
who perform services off -site are included in the Offices Use Category if equipment and materials are not stored
outside and no fabrication, services, or similar work is carried on at the site.
Major Industrial
Industrial services uses that include any fabrication or outdoor activity such as storage
Services
or assembly.
Minor Industrial
Industrial service uses that take place entirely indoors and do not include any
Services
fabrication.
The Manufacturing Use Category includes use types involved in the manufacturing, processing, fabrication,
packaging, or assembly of goods. Products may be finished or semi -finished and are generally made for the
wholesale market, for transfer to other plants, or to order for firms or consumers. The use category also includes
custom industries (establishments primarily engaged in the on -site production of goods by use of hand tools and
Manufacturing
small-scale equipment). Goods are generally not displayed or sold on site, but if so, such sales are a
subordinate part of total sales. Relatively few customers come to the manufacturing site. Accessory uses may
include retail or wholesale sales, offices, cafeterias, parking, employee recreational facilities, warehouses,
stora ayards, repair facilities, truck fleets, fueling facilities, security and caretaker's quarters.
Manufacturing uses include, but are not limited to: manufacture or assembly of machinery, equipment,
instruments, vehicles, appliances, communications equipment, computer or electronic equipment, recision
Chapter 154 - Zoning Code Page 95

Section 4.2 Use Classifications, Categories, and Types
4.2.7: INDUSTRIAL USE CLASSIFICATION
USE CATEGORY
CHARACTERISTICSTABLE
ExAmPLES
items and other electrical items; the processing of food and related products; lumber mills, pulp and paper mills,
the manufacture of other wood products; production or repair of small machines or electronic parts and
equipment; and similar uses.
The Resource Extraction Use Category includes use types involving the extraction, removal, or basic processing
Resource
of minerals, liquids, gases, or other natural resources. Such uses also include quarrying, well operation, drilling,
mining, or other procedures typically done at an extraction site. Accessory uses may include offices, limited
Extraction
wholesale sales, security or caretakers quarters, outdoor storage, and maintenance facilities.
Examples use types include quarries, borrow pits, mining, and sand and gravel operations.
The Warehouse and Storage Use Category includes use types involving the storage or movement of goods for
themselves or other firms or businesses. Goods are generally delivered to other firms or the final consumer,
Warehousing &
except for some will -call pickups. There is little on -site sales activity with the customer present. Accessory uses
include offices, truck fleet parking, outdoor storage, and maintenance areas.
Storage
Example types include for by furniture
use separate storage warehouses (used storage retail stores such as and
appliance stores); distribution warehouses (used for distribution by trucking companies; cold storage plants; self-
service storage; and outdoor storage as a principal use).
The Waste -Related Use Category includes use types that receive solid or liquid wastes from others for disposal
on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or
produce goods or energy from the composting of organic material or processing of scrap or waste material. This
Waste -Related
use category also includes use types that receive wastes from others. Accessory uses may include offices,
outdoor storage, recycling of materials, and repackaging and trans -shipment of by-products.
Example use types include recycling and salvage centers, convenience centers, transfer stations, land clearing
and construction debris landfills, tire disposal or recycling, waste composting, incinerators, energy recovery
plants, salvage yards and junkyards, and recycling drop-off centers.
The Wholesale Use Category includes use types involving the sale, lease, or rent of products primarily intended
for industrial, institutional, or commercial businesses. The uses emphasize on -site sales or taking of orders and
often include display areas. Businesses may or may not be open to the general public, but sales to the general
public are limited. Products may be picked up on -site or delivered to the customer. Accessory uses may include
Wholesale
offices, product repair, warehouses, minor fabrication services, outdoor storage, and repackaging of goods.
Example use types include sale or rental of machinery, equipment, heavy trucks, building materials, special trade
tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store
fixtures; mail order houses; and wholesalers of food, clothing, plants and landscaping materials, auto parts, and
building hardware.
NOTES: Section 4.1.4 Prohibited Uses, are not allowed within any zoning district in the Town.
Chapter 154 - Zoning Code Page 96

Section 4.3 Use -Specific Standards
Use -specific standards are the requirements applied to individual use types unless otherwise stated to the
contrary. This section is intended to identify the use standards for all principal uses identified in Table 4.1.7,
Principal Use Table, that are subject to "additional requirements."
4.3.1 RESIDENTIAL USES
A. MANUFACTURED HOME ON AN INDIVIDUAL LOT
Placement of a manufactured home on an individual lot shall be subject to all the requirements
applied to a single-family detached residential dwelling and the following:
1. All manufactured homes shall be tied down in accordance with the state regulations for
manufactured homes and modular housing.
2. All applicable Franklin County Health Department requirements shall be met.
3. Exterior finishes shall consist of wood, vinyl or other material that is comparable in
composition, appearance and durability to exterior siding commonly used in standard
residential construction. All finishes shall be in good repair, and in no case shall the degree of
reflectivity of the exterior siding exceed that of gloss white paint.
4. A continuous, uniform foundation enclosure, un-pierced except for required ventilation and
access, shall be installed around the entire perimeter of the home. A permanent masonry
foundation shall consist of brick or concrete block.
5. Permanent steps shall be constructed at all exterior doors and a permanent porch measuring
at least three feet in width and five feet in length shall be constructed at the front or main
entrance to the manufactured home. The front or main entrance porch shall be enclosed with
the same material as used in construction of the foundation.
6. A minimum roof pitch of four feet for every 12 feet horizontal run as related to manufactured
homes proposed to be located within all residential zoning.
7. The roof shall be finished with a type of shingle that is commonly used in standard residential
construction.
8. The running lights and the hitch shall be removed.
9. At least three off-street parking spaces shall be provided.
10.All areas not used for parking, manufactured home, required porches or other structures shall
be grassed or otherwise suitably landscaped to prevent erosion.
11. The owner of a manufactured home shall request the Franklin County Tax Office to assess
the manufactured home as real property and shall meet any requirements needed for the
manufactured home to be assessed as real property.
B. MANUFACTURED HOME PARK
1. ZONING AUTHORIZATION REQUIRED
No manufactured home park within the jurisdiction of the Town shall be established, altered
or expanded until a zoning authorization has been issued in accordance with Section 2.4.15,
Zonina Authorization. and this section.
(a) MANUFACTURED HOME PARK PLAN
Applications for zoning authorization for a mobile home park shall include a manufactured
home park plan, prepared in accordance with the following:
(1) The park plan shall be drawn to a scale of 100 feet to one inch or larger; and
(2) The park plan shall include the following:
(i) The name of the park, the names and addresses of the owner or owners, and the
designer or surveyor;
(ii) The date, scale, and approximate north arrow;
(iii)Boundaries of the tract shown with bearings and distances;
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Section 4.3 Use -Specific Standards
(iv)The streets, driveways, recreation areas, parking spaces, service buildings,
water courses, easements, mobile home spaces and all structures to be located
on the park site;
(v) A vicinity map showing the location of the park and the surrounding land usage;
(vi)Names of the adjoining property owners;
(vii) The proposed utility system for gas, surface water drainage, streetlights,
electrical power, water supply and solid waste and sewage disposal facilities; and
(viii) Land contours with vertical intervals of not less than two feet.
(b) CERTIFICATIONS REQUIRED
In addition to a manufactured home park plan, applications for a zoning authorization
shall include the following certifications:
(1) Certification of approval of water supply system plans by the appropriate State and
County agencies;
(2) Certification of approval of sewage collection systems and treatment facilities plans
and septic tanks by the appropriate State and County agencies; and
(3) Certification of approval of solid waste storage and collection and disposal plans by
the Town, or in the extraterritorial jurisdiction by the Franklin County Health
Department.
(c) ADDITIONAL REVIEWS
(1) The Franklin County Health Department shall review the proposed park plan to
determine if the plan is in accordance with the minimum health standards and
regulations to include:
(i) Source of water and water distribution system;
(ii) Sanitary sewerage system;
(iii)Adequate lot size, if septic tanks are to be used; and
(iv)Adequate facilities for solid waste storage, collection and disposal, where
applicable.
(2) The Electrical Inspector shall review the proposed park plan to determine if the
proposed electrical system is adequate to serve the proposed park and complies with
the electrical codes.
(3) The Town may require that the street layout of the proposed park plan be approved
by the North Carolina Department of Transportation.
(4) If the construction of the park has not begun within six months from the issue date of
the zoning authorization, the Town may grant an extension of the authorization if the
applicant appears before the Board of Commissioners and shows cause.
2. ZONING APPROVAL REQUIRED
Issuance of a zoning authorization shall not entitle the applicant or owner to offer spaces for
rent or lease, or to operate a manufactured home park. Operation of the park, including
offering spaces for lease shall not occur until after approval of a zoning approval in
accordance with Section 2.4.16, Zoninq Approval, and this section.
(a) When the applicant or owner has completed the construction of the manufactured home
park, the Zoning Administrator, the Electrical Inspector, and a representative of the
County Health Department, if applicable, shall make an on -site inspection of the park.
(1) If the plan conforms to the zoning authorization and this Ordinance, the Zoning
Administrator shall issue a zoning approval.
(2) If the construction does not conform with the zoning authorization or this Ordinance,
the Zoning Administrator shall delay issuance of the zoning authorization until the
park comes into conformity.
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Section 4.3 Use -Specific Standards
(3) In no case shall the zoning approval be issued for less than the minimum number of
spaces required by this Ordinance.
(b) When a manufactured home park is to be developed in stages, an application for an
zoning approval may be made for each stage developed.
3. DESIGN STANDARDS
The following standards are minimum requirements for all new manufactured home parks:
(a) GENERAL REQUIREMENTS
(1) SALE OF MANUFACTURED HOMES PROHIBITED
(1) The owner or operator of a manufactured home park shall not sell manufactured
homes on or within a manufactured home park unless the manufactured home
unit for sale shall be placed individually and separately upon an existing
manufactured home space where all design standards and utilities have been
completed as specified by this Ordinance, and unless said manufactured home is
being occupied as a residence.
(ii) The transfer of title of a manufactured home space or spaces, either by sale or
by any other manner, shall be prohibited within a manufactured home park as
long as the manufactured home park is in operation. This does not prohibit the
sale of the entire park operation from one owner to another.
(2) EXPANSIONS TO MANUFACTURED HOMES PROHIBITED
No living compartment or structure other than a "Florida Room," or other
prefabricated structure specifically designed for manufactured home use or
extension, shall be added to any manufactured home parked within the jurisdiction of
this Ordinance.
(3) PERIMETER VEGETATIVE BUFFER
If required by the Board of Commissioners, the owner of the proposed park shall
provide a buffer around the manufactured home park as defined in Section 5.2.2,
Perimeter Buffers.
(4) ACCESSORY USES
(i) Within a manufactured home park, one manufactured home may be used as an
administrative office.
(ii) Convenience establishments of a commercial nature shall be limited to food
stores, coin -operated laundries, beauty parlors and barbershops. These may be
permitted in manufactured home parks subject to the following restrictions:
Such establishments shall be subordinate to the residential use and
character of the park;
(-02-) Such establishments shall present no visible evidence of their
commercial character from any portion of any residential district outside
the park; and
(-03-) Such establishments shall be designed to serve the trade and service
needs of the park residents only.
(b) STREETS AND PARKING
(1) Convenient access to each manufactured home space shall be provided by streets or
drives with a minimum right-of-way of 50 feet, of which 20 feet shall be graded and
drained for automobile circulation within the park.
(2) Maintenance of streets shall be provided by the operator of the park.
(3) Closed ends of dead-end drives or roads extending into a manufactured home park
shall be provided with a "Y" or "T" turnaround with at least an 18 foot radius and a 20
foot tangent, except that if any such drive or road shall exceed 1,000 feet in length,
Chapter 154 - Zoning Code Page 99

Section 4.3 Use -Specific Standards
one additional "Y" or "T" turnaround shall be provided, and the location thereof shall
be subject to the approval of the Board of Commissioners.
(4) Streets or drives within the manufactured home park shall intersect as nearly as
possible at right angles, and no street shall intersect at less than 60 degrees.
(5) Where a street intersects a public street or road, the design standards of the North
Carolina Department of Transportation shall apply.
(6) New street names shall not duplicate or be similar to existing streets names in the
County.
(c) INDIVIDUAL MANUFACTURED HOME SPACES
(1) Each manufactured home space shall have sufficient square footage to comply with
the requirements of the Franklin County Health Department and must be at least
10,000 square feet in area for singlewide manufactured homes and 15,000 square
feet in area for doublewide manufactured homes.
(2) Each manufactured home space shall be clearly defined by means of concrete or iron
pipe markers placed at all corners.
(3) Each manufactured home space shall be located on ground not susceptible to
flooding and graded so as to prevent any water from ponding or accumulating on the
premises.
(4) Each manufactured home shall be located at least 20 feet from any other
manufactured home, at least 20 feet from any building within the manufactured home
park, at least 20 feet from any property line, and at least 15 feet from the edge of the
right -of- way of any street.
(5) Each manufactured home unit within a manufactured home park shall be secured by
adequate anchors and tie -downs, such as cast -in -place concrete "dead men" eyelets
imbedded in concrete foundations or runways, screen augers, arrowhead anchors or
other devices securing the stability of the manufactured home. Each manufactured
home unit shall comply with the above standards or with standards specified by the
state, whichever are the higher standards. Each manufactured home owner shall be
responsible for securing his individual manufactured home to anchors. It shall be the
responsibility of the manufactured home park owner or operator to enforce
compliance with this paragraph.
(6) Each manufactured home space shall have a number visible for emergency services
purposes.
(d) UTILITY REQUIREMENTS
(1) POTABLE WATER
An accessible, adequate, safe and palatable supply of water shall be provided in
each manufactured home park.
(2) SANITARY SEWER
(i) Adequate and safe sewage disposal facilities shall be provided in all
manufactured home parks.
(ii) Each manufactured home space shall be provided with at least a four -inch
diameter sewer riser pipe where collection systems are provided. The sewer riser
pipe shall be so located on each space that the sewer connection to the
manufactured home drain outlet will approximate a vertical position.
(iii)A two foot by two -foot concrete apron shall be installed around all sewer
connection riser pipes for support and protection. The sewer connection shall be
located a distance of at least 100 feet from the water supply.
(iv)The sewer connection shall be a nominal inside diameter of at least four inches,
and the slope of any portion thereof shall be at least one -quarter inch per foot.
The sewer connection shall consist of one pipeline only without any branch
Chapter 154 - Zoning Code Page 100

Section 4.3 Use -Specific Standards
fittings. All joints shall be watertight, including the connection from trailer to sewer
riser pipe.
(v) All material used for sewer connections shall be semi rigid, corrosion -resistant,
nonabsorbent and durable. The inner surface shall be smooth.
(vi)Provision shall be made for plugging the sewer pipe when a manufactured home
does not occupy a space. Surface drainage shall be diverted away from the rise.
The rim of the riser pipe shall extend at least four inches above ground elevation.
(3) SOLID WASTE
(1) The storage, collection and disposal of solid waste in the manufactured home
park shall be so conducted as to create no health hazards, rodent harborage,
insect breeding areas, accidents or fire hazards or pollution.
(ii) All solid waste containing garbage shall be stored in standard fly -tight, watertight,
rodent -proof containers, with a capacity of not more than 32 gallons, which shall
be, located not more than 150 feet from any manufactured home lot. Containers
shall be provided in sufficient number and capacity to properly store all solid
waste containing garbage. The manufactured home park management shall be
responsible for the proper storage, collection and disposal of solid waste.
(iii)Containers shall be situated so as to prevent said containers from being tipped in
order that spillage and container deterioration may be minimized, and in order to
facilitate cleaning around containers.
(iv)All solid waste containing garbage shall be collected at least weekly. Where
suitable collection service is not available from municipal or private agencies, the
manufactured home park operator shall provide this service. All solid waste
containing garbage shall be collected and transported in covered vehicles or
covered containers.
(v) Where municipal or private disposal service is not available, the manufactured
home park operator shall dispose of the solid waste by transporting to a disposal
site approved by the Health Director.
(4) WEEDS, REFUSE, AND DEBRIS
(i) Grounds, buildings and structures shall be maintained free of insect and rodent
harborage and infestation. Extermination methods and other measures to control
insects and rodents shall conform with the requirements of the Franklin County
Health Department.
(ii) Parks shall be maintained free of accumulations of debris, which may provide
rodent harborage or breeding places for flies, mosquitoes and other pests.
(iii)Storage areas shall be so maintained as to prevent rodent harborage; lumber,
pipe and other building materials shall be stored at least one foot above the
ground.
(iv)Where the potential for insect and rodent infestation exists, all exterior openings
in or beneath any structure shall be appropriately screened with wire mesh or
other suitable materials.
(v) The growth of brush, weeds and grass shall be controlled to prevent harborage
of ticks, chiggers and other noxious insects. Parks shall be maintained as to
prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other
noxious weeds considered detrimental to health. Open areas shall be
maintained free of heavy undergrowth of any description.
4. REGISTRATION OF OCCUPANTS
Every manufactured home park owner or operator shall maintain an accurate register
containing a record of all occupants and owners of manufactured homes in the park. The
register shall be available for inspection at all times by authorized County and Town
representatives. The register shall contain the following information:
Chapter 154 - Zoning Code Page 101

Section 4.3 Use -Specific Standards
(a) Name of owner or occupant;
(b) Manufactured home space number;
(C) Make, model and registration number of manufactured home; and
(d) Date when occupancy within the manufactured home park begins and date when
occupancy within the manufactured home park ceases.
C. MULTI -FAMILY DEVELOPMENT
Multi -family, townhouse, and three -to -four -family development shall comply with the following
requirements:
1. MAXIMUM DENSITY
The maximum density shall be in accordance with the district standards in Section 3.2,
General Zoninq Districts.
2. BUILDING SEPARATION
(a) Building separation distance between two or more buildings on a single site shall be in
accordance with Table 4.3.1 C, Buildinq Separation.
TABLE'A'A
•
HEIGHT OF
VERTICAL
-• •
20 or less
16
Between 20.1 and 25.0
25
Between 25.1 and 30.0
30
Between 30.1 and 35.0
40
NOTES:
[1 ] The vertical projections for each building shall be drawn from that point on each building,
which is horizontally closest to the other building.
(b) The minimum distance between the centers of facing windows of different dwelling units
shall be 20 feet.
3. PERIMETER SETBACK
(a) A perimeter setback of at least 50 feet shall be provided around the entire perimeter of
the site, with the exception of driveways.
(b) Parking spaces and accessory buildings shall not be allowed in the required perimeter
setback.
(C) Accessory buildings and uses for multi -family dwellings shall not be placed in the
perimeter setback around the perimeter of the site.
4. OPEN SPACE
In development with more than ten units, the greater of one-half acre or 5 percent of the
gross acreage in the tract, shall be set aside for recreation and open space that meets the
criteria of Section 153.221 of the Subdivision Regulations.
5. ACCESSORY USES
The review authority may approve the inclusion of leasing offices and of coin -operated
laundry facilities, swimming pools, snack bars, and similar accessory uses provided that they
are intended to serve residents of the dwelling or complex only, and will not attract outside
traffic to the site.
6. ACCESS
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Section 4.3 Use -Specific Standards
Access for emergency vehicles to all parts of the complex and to each dwelling unit shall be
provided.
D. RESIDENTIAL DEVELOPMENT IN COMMERCIAL DISTRICTS
Residential development in the R-3D, MUD, C-21D, C-3H, and IL districts shall be configured in
order to preserve safety for the residents and avoid traffic complications for adjacent
nonresidential uses.
E. SINGLE-FAMILY DETACHED DWELLINGS
1. Single-family residential detached dwellings shall be configured so that the designed front of
the structure shall be viewed from the public street and front yard area in a manner similar to
the surrounding residential lots.
2. Single-family residential detached dwellings placed perpendicular to the front yard area are
prohibited.
3. Lots of five acres or greater are be exempted from this standard.
F. TOWNHOUSES
1. Townhouses shall meet the requirements of Chapter 153, Subdivision Regulations of the
Town Code of Ordinances.
2. Townhouse developments with more than two attached dwelling units shall provide a
perimeter setback around the entire development of 50 feet.
3. The minimum number of townhouses attached to each other in a single building shall be two,
and the maximum shall be eight.
4. Any common areas and common open space shall be deeded to a home owners'
association.
4.3.2 INSTITUTIONAL USES
A. GENERALLY
Institutional uses shall be review carefully by the appropriate review authority and shall be denied
if the benefit to the public will not outweigh any adverse effects created.
B. CLUB OR LODGE
1. The use shall not be located in an area where traffic created by the use will be a problem for
neighboring residential uses.
2. The use shall be located where there shall be no disturbance to residences and shall be
adequately designed for its size and purpose.
3. Noise from a public address system shall not be heard beyond the lot line.
C. COMMUNITY CENTER
1. The use shall not be located in an area where traffic created by the use will be a problem for
neighboring residential uses.
2. Noise from a public address system shall not be heard beyond the lot line.
D. RELIGIOUS FACILITIES
Religious facilities may erect more than one building per lot, provided all buildings comply with the
minimum setback or yard requirements for the zoning district where located.
E. SOLAR ARRAYS
Solar arrays shall comply with the following standards:
1. MAXIMUM HEIGHT
(a) Systems, equipment, and structures shall not exceed 15 feet in height when ground
mounted. Electric transmission lines and utility poles are excluded from this height
requirement.
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Section 4.3 Use -Specific Standards
(b) Roof mounted systems shall not exceed the maximum height for the applicable zoning
district.
2. SETBACKS
Ground mounted solar energy arrays shall have a setback for all equipment including fences
a minimum of 100 feet from the street right-of-ways and 50 feet from other property lines.
The Board of Commissioners may reduce setback requirements if the proposed or existing
buffer is sufficient to screen the project from view from adjoining properties or public rights -of -
way.
3. FENCING REQUIRED
Systems, equipment, and structures shall be fully enclosed and secured by a fence with a
minimum height of 10 feet.
4. VEGETATIVE BUFFER REQUIRED
(a) A 30-foot vegetative buffer consisting of a compact evergreen hedge or other type of
evergreen foliage shall be required along the entire perimeter of the facility.
(b) The buffer shall be planted at a minimum of three feet tall and reach the height of at least
eight feet within three years and shall be maintained in good condition.
(C) Failure to maintain the buffer shall constitute a violation of this ordinance.
(d) Earthen berms or other topographical features and existing wooded areas may be
accepted in lieu of the above requirements, if they conceal the use from public view and
are maintained.
5. EXTERIOR LIGHTING
If lighting is provided at the site, lighting shall be shielded and downcast such that the light
does not spill onto the adjacent parcel or the night sky. Motion sensor control is preferred.
6. NOISE LIMITED
Noise levels measured at the property line shall not exceed 50 decibels when located
adjacent to an existing residence or residential district.
7. UTILITY CONNECTIONS UNDERGROUND
To the extent practical, all new power transmission lines to any building, structure, or utility
connection shall be located underground. Existing above ground utility lines shall be allowed
to remain in their current location.
8. ANTI -REFLECTIVE COATING
(a) Electric solar system components must have a UL listing and must be designed with anti -
reflective coating(s).
(b) Individual arrays/solar panels shall be designed and located in order to prevent glare
toward any inhabited buildings on adjacent properties as well as adjacent street right-of-
way.
9. COMPLIANCE WITH STATE BUILDING CODE
(a) All solar farms shall be in conformance with the requirements of the State Building and
Electrical Codes (current addition), the State of North Carolina and Franklin County.
(b) All active solar systems shall be inspected by a Franklin County Building Inspector.
10. REMOVAL UPON DISCONTINUANCE
(a) It is the responsibility of the solar system owner and landowner to notify the Town and to
remove all obsolete or unused systems within 180 days of cessation of operations.
(b) Reusable components are to be recycled whenever possible.
(C) Financial assurance shall be required of the applicant to provide for the removal of solar
facilities.
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Section 4.3 Use -Specific Standards
(d) A decommissioning plan signed by the party responsible for decommissioning and the
landowner (if different) addressing shall be submitted with the permit application, and
shall address the following:
(1) Defined conditions upon which decommissioning will be initiated (i.e. end of land
lease, no power production for 12 months, etc.)
(2) Removal of all non -utility owned equipment, conduit, structures, fencing, roads, and
foundations. All facilities shall be removed, at the owner's expense within 90 days.
(3) Restoration of property to condition prior to development of the solar array.
(4) The timeframe for completion of decommissioning activities.
(5) Description of any agreement (e.g. lease) with landowner regarding
decommissioning.
(6) The party currently responsible for decommissioning.
(7) Plans for updating this decommissioning plan.
(8) An engineering report estimating the cost of decommission.
(9) A bond or performance guarantee in the amount of cost of decommission.
F. TELECOMMUNICATIONS FACILITIES
1. PURPOSE AND INTENT
This section is intended to establish general standards for the siting of wireless
telecommunications facilities that will:
(a) Protect residential areas and uses from potential adverse impacts of towers and
antennas;
(b) Encourage the location of new towers in nonresidential areas;
(C) Minimize the total number of new towers throughout the Town;
(d) Foster the joint use of new and existing tower sites and the establishment of stealth
towers as primary options rather than construction of additional single -use towers;
(e) Encourage the location of towers and antennas in areas where the adverse impact on the
community is minimal;
(f) Encourage towers and antennas to be carefully sited, designed, and screened to
minimize their adverse visual impact;
(g) Enhance the ability of the providers of telecommunications services to provide such
services to the community quickly, effectively, and efficiently;
(h) Consider the public health and safety concerns of communication towers and antennas;
and
(i) Encourage the use of engineering and careful siting of tower structures to avoid potential
damage to adjacent properties from tower failure.
2. APPLICABILITY
A new telecommunications facility, whether a principal or accessory use, shall comply with
the standards of this subsection, unless specifically exempted in accordance with Section
4.3.2F.3, Exemptions.
3. EXEMPTIONS
The following shall be exempt from the standards of this subsection (but shall be required to
comply with other relevant standards in this Ordinance):
(a) Satellite dish antennas.
(b) Receive -only television or radio antennas for noncommercial use.
(C) Antennas legally operated by FCC -licensed amateur radio operators.
(d) Emergency communication towers owned by the Town or other public agency that are
used wholly or in part for public safety or emergency communication purposes.
4. FACILITIES DISTINGUISHED
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Section 4.3 Use -Specific Standards
Applications for wireless telecommunications facilities shall be categorized into major
wireless telecommunications facilities (e.g., new towers), minor wireless telecommunications
facilities (e.g., collocations on an existing tower, etc.), and stealth wireless
telecommunications facilities in accordance with Section 8.2, Definitions.
5. STANDARDS APPLIED TO A MAJOR WIRELESS COMMUNICATIONS
FACILITY
A major wireless communications facility, whether a principal or accessory use, shall comply
with the following standards:
(a) COLLOCATION REQUIRED
(1) A major wireless communications facility shall not be allowed unless it is
demonstrated no suitable existing major wireless communications facility, building, or
other structure within the coverage area is available for the collocation of antennas.
(2) If allowed, a new major wireless communications facility shall be designed to
accommodate the present and future needs of the owner and at least two
comparable users. Unused space on an existing major wireless communications
facility shall be made available to other users at a fair market rental rate unless
mechanical, structural, or regulatory factors prevent collocation. In determining a fair
market rental rate, the rent paid by a current collocator under a swapping agreement
need not be considered.
(b) REPLACEMENT OF MAJOR WIRELESS COMMUNICATIONS
FACILITIES TO EXPAND COLLOCATION
An existing major wireless communications facility may be replaced with a new facility
that increases the number of collocation opportunities, subject to the following standards:
(1) The height of the replacement facility shall not exceed the greater of 20 feet or 125
percent of the height of the original facility.
(2) The replacement facility shall be located within 100 feet of the replaced facility,
unless the UDO Administrator determines that a farther distance from the existing
facility is more appropriate.
(3) The replacement facility complies with all the standards of this subsection.
(c) HEIGHT
The height of a telecommunications tower, including any building or structure atop which
they tower is located, shall not exceed 200 feet.
(d) SETBACKS
A telecommunications tower shall be set back from abutting property lines a distance
equivalent to:
(1) The overall height of the tower and all appurtenances; or
(2) The minimum distance necessary to ensure the tower will remain on its site, following
collapse, as certified by a licensed professional engineer.
(e) AESTHETICS
(1) A telecommunications tower shall
(I) Either maintain a galvanized steel finish or be painted.
(II) Be camouflaged with the surrounding area, through paint, incorporation into
architectural design/structure, or other means, to the maximum extent
practicable.
(2) The exterior appearance of ground -based accessory structures located in a
residential district shall be designed to look like a residential structure typical of the
district (e.g., with a pitched roof and frame or brick siding).
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Section 4.3 Use -Specific Standards
(f) LIGHTING
If lighting is required by the FAA, it shall comply with FAA standards. To the extent
allowed by the FAA, strobe lights shall not be used for nighttime lighting. Lighting shall be
oriented so as not to project directly onto any land in a residential district.
(g) BUFFER AND SCREENING
A perimeter buffer shall be provided around the perimeter of a major wireless
communications facility (including equipment structures and guy anchor supports).
(h) SECURITY FENCING
A tower, guy anchor supports, and ground -based equipment buildings shall be enclosed
by security fencing not less than eight feet in height.
(i) INTERFERENCE
A major wireless communications facility, antenna, or supporting equipment shall not
disturb or diminish radio or television or similar reception on adjoining land in a residential
district.
(j) USE OF ASSOCIATED BUILDINGS
Building and structures associated with a major wireless communications facility shall not
be used as a place of work for a worker. (It is not the intent of this provision to prevent the
periodic maintenance, inspection, and monitoring of equipment and instruments, or
renovation of the facility.)
(k) NO OUTDOOR STORAGE
An outdoor storage area shall not be allowed on a major wireless communications facility
site.
(1) SAFETY
A tower shall comply with all applicable local, State, and Federal building codes and
structural standards.
W COMPLIANCE WITH STATE OR FEDERAL LAWS AND
REGULATIONS
A major wireless communications facility and antennas shall comply with or exceed
current standards and regulations of the FAA, the Federal Communications Commission
(FCC), and any other agency of the State or Federal government that regulates
telecommunications facilities.
(n) DISCONTINUED USE
If a major wireless communications facility is not used for a period of six consecutive
months, the Zoning Administrator may send the owner notice indicating the facility shall
be removed within 90 days from the date of notice.
(o) NONCONFORMING MAJOR WIRELESS COMMUNICATIONS FACILITY
A nonconforming major wireless communications facility shall be allowed to remain and
be maintained in accordance with the standards in Article 154.6: Nonconformities.
Additional equipment may be added to the facility provided that such additions do not
increase the degree of nonconformity. Nothing shall limit the ability to increase the
facility's height as part of a proposed collocation of additional antennas.
6. MINOR WIRELESS TELECOMMUNICATIONS FACILITIES
A minor wireless communications facility, whether a principal or accessory use, shall comply
with the following standards:
(a) COLLOCATION OF ANTENNAS ON WIRELESS COMMUNICATIONS
FACILITIES
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Section 4.3 Use -Specific Standards
An antenna may be collocated on an existing wireless communications facility if it
complies with the following standards:
(1) Any modification of an existing wireless communications facility or other vertical
projection to accommodate the collocation of additional antenna complies does not
result in the increase in the height of the structure by 20 feet.
(2) The antenna and its associated equipment comply with the safety, lighting,
interference, and regulatory compliance standards for a telecommunications tower in
this subsection.
(b) COLLOCATION OF ANTENNAS ON AN EXISTING BUILDING OR
OTHER VERTICAL PROJECTION
An antenna may be attached to a business or multi -family residential building or other
vertical projection in accordance with the following standards:
(1) HEIGHT
The antenna shall not extend over 20 percent of the highest point of the building or
projection on which it is located.
(2) OTHER STANDARDS
An antenna and associated equipment shall comply with the safety, lighting,
interference, and regulatory compliance standards for a telecommunications tower
included in this subsection.
(3) SCREENING
(I) An antenna visible from the street shall be omni-directional, screened, or
camouflaged, to the maximum extent practicable, to minimize its appearance.
(II) Equipment shall be located within the building or screened in some other fashion
to prevent off -site views.
7. STEALTH WIRELESS TELECOMMUNICATIONS FACILITIES
A stealth wireless communications facility shall be designed and located to complement the
surrounding landscape in accordance with the following standards:
(a) DESIGN
A stealth wireless communications facility shall take an alternative form than a typical
wireless communications facility, including but not limited to: bell towers, clock towers,
water towers, light standards, chimneys, steeples, evergreen trees, flag poles, or similar
projections.
(b) SETBACKS
A stealth wireless communications facility shall comply with the district dimensional
standards. The tower portion of the facility shall be set back the height of the tower from
existing single-family dwellings.
(c) GROUND -BASED EQUIPMENT
Ground based equipment shall be designed, located, and camouflaged in a manner
compatible with the tower -based portion of the facility. Equipment shall be located within
a structure or building, to the maximum extent practicable.
(d) COLLOCATION NOT REQUIRED
A stealth wireless communication facility is not required to be engineered for additional
carrier's equipment.
(e) ANTENNAS AND CABLES MUST BE CONCEALED
Antennas, cables, and related appurtenances shall be concealed from off -site views.
Chapter 154 - Zoning Code Page 108

Section 4.3 Use -Specific Standards
G. UTILITIES (MAJOR AND MINOR)
1. Where a use could involve potential fire or other health hazards, the Fire Chief, and where
applicable, the Franklin County Health Department, shall have an opportunity to review the
application. The applicant shall provide all needed information to enable the appropriate
officials to determine the safety of the operations and any storage measures.
2. The review authority shall carefully consider the effects of the individual operation on the
Town and all neighboring properties and shall deny the permit if an adverse effect would be
created.
3. The review authority shall require sufficient vegetative buffering to screen the outdoor use or
outdoor portion of the use from view and streets and neighboring properties.
4. The outdoor use or outdoor portion of the use shall be maintained in a sanitary condition at all
times so as not to harbor mosquitoes, vermin, or otherwise be a menace to public health and
safety.
4.3.3 COMMERCIAL USES
A. ADULT ESTABLISHMENT
An adult establishment shall comply with all the following standards:
1. The use shall be on a lot with frontage on US Highway 1.
2. An adult establishment use shall not occupy the same premises of another principle use.
3. Except for on -premise signage, no advertisement, display, or other promotional materials
related to the establishment shall be visible to the public from sidewalks, walkways,
driveways, or parking areas.
4. The hours of operation of an adult establishment shall be limited to the hours of 4:00 pm
through 2:00 am.
5. No specified sexual activity shall be within view of the public from beyond the building of the
adult establishment at any time.
6. The use shall be located no closer than 1,000 linear feet from another adult establishment;
7. The use shall be located at least 500 linear feet from any of the following use types:
(a) A residential dwelling unit;
(b) A family care home;
(C) An eating establishment or private club or lodge where alcohol is served for on -site
consumption;
(d) A day care center;
(e) A religious institution;
(f) A life care institution; or
(g) Any use type in the Park and Open Area Use Category.
8. The distances provided in this subsection shall be measured by following a straight line from
the nearest point on the building or parking areas serving the adult establishment to the
nearest point of the lot upon which the restricted use is located.
B. INTERNET SWEEPSTAKES CAFE
An internet sweepstakes cafe shall comply with the following standards:
1. The use shall be on a lot with frontage on US Highway 1;
2. The use shall be located no closer than 3,000 linear feet from another internet sweepstakes
cafe; and
3. The use shall be located at least 1,000 linear feet from any of the following use types:
(a) A residential dwelling unit;
(b) A family care home;
(C) An eating establishment or private club or lodge where alcohol is served for on -site
consumption;
Chapter 154 - Zoning Code Page 109

Section 4.3 Use -Specific Standards
(d) A day care center;
(e) A religious institution;
(f) A life care institution; or
(g) Any use type in the Park and Open Area Use Category.
C. MINOR VISITOR ACCOMMODATION USE
All minor visitor accommodation uses (including bed and breakfast establishments) shall comply
with the following requirements:
1. The owner or a resident manager must be domiciled on the premise;
2. Breakfasts served on the premise are only for guests and guests of guests of the facility and
no other meals are provided on the premise;
3. Off street parking shall be limited to one parking space for each room to be rented or as the
traffic regulations of the Town allow;
4. Any structural or aesthetic modifications to the exterior of the premise shall be described
within the required permit application;
5. A permit issued is not transferable to another person or party;
6. Copies of all sanitation inspection reports conducted by the Division of Health Services, North
Carolina Department of Human Resources, shall be forwarded to the Zoning Administrator;
7. Where possible, the use shall maintain a minimum building separation of 40 feet from
surrounding principal structures; and
8. Additional conditions may be included for the operation of a minor visitor accommodation use
and may be documented as requirements within the permit application.
D. RECREATION AND ENTERTAINMENT USES (MAJOR AND MINOR)
1. The use shall be located where there shall be no disturbance to residences and shall be
adequately designed for its size and purpose.
2. The use shall not be located in an area where traffic created by the use will be a problem for
neighboring residential uses.
3. Noise from a public address system shall not be heard beyond the lot line.
E. SHOPPING CENTERS
Applications for the establishment of a shopping center shall include the following:
1. A site plan drawn to a scale of not less than 1 inch equals 50 feet with the seal of a registered
surveyor or professional engineer and showing the following:
(a) Location, arrangements, and dimensions of parking spaces, width of aisles, width of
bays, and angle of parking;
(b) Location, arrangements, and dimensions of truck loading and unloading spaces and
docks;
(C) Locations and dimensions of vehicular entrances, exits, and drives;
(d) General drainage system;
(e) Location and materials of walls and fences;
(f) Ground cover, topography, slopes, banks, and ditches;
(g) The location and general exterior dimensions of main and accessory buildings;
(h) Sealed architectural plans for proposed buildings;
(i) The location, dimensions, and arrangement of areas to be devoted to planting lawns,
trees, and other plants;
(j) The plans for proposed utility layouts, including sanitary sewers, storm sewers, water
distribution lines, natural gas, telephone and electric service, all to be constructed in
accordance with town standards; and
(k) Delineation of areas to be constructed in phases and sequential order. If the development
is to be carried out in progressive stages, each stage shall be complete with all
Chapter 154 - Zoning Code Page 110

Section 4.3 Use -Specific Standards
necessary parking areas and other supporting facilities completed to serve that portion of
the development.
2. An analysis of anticipated traffic volume;
3. Evidence that the North Carolina Department of Transportation has been made aware of the
proposed development and that the developer will coordinate planning for the development
with this agency;
4. Plans for refuse disposal equipment and method of refuse disposal such as compactors and
dumpsters; and
5. Sediment control plan approved by the Franklin County Soil and Water Conservation Service;
4.3.4 INDUSTRIAL USES
A. GENERALLY
1. Where a use could involve potential fire or other health hazards, the Fire Chief, and where
applicable, the Franklin County Health Department, shall have an opportunity to review the
application. The applicant shall provide all needed information to enable the appropriate
officials to determine the safety of the operations and any storage measures.
2. The review authority shall carefully consider the effects of the individual operation on the
Town and all neighboring properties and shall deny the permit if an adverse effect would be
created.
3. The review authority shall require sufficient vegetative buffering to screen the outdoor use or
outdoor portion of the use from view and streets and neighboring properties.
4. The outdoor use or outdoor portion of the use shall be maintained in a sanitary condition at all
times so as not to harbor mosquitoes, vermin, or otherwise be a menace to public health and
safety.
B. MINING AND EXTRACTION
All mining and extraction uses shall comply with all applicable State requirements and the
following standards:
1. BLASTING TIME
Blasting times shall take place only between 8:00 a.m. to 5:00 p.m., Monday through Friday,
and shall comply with all applicable State requirements pertaining to vibration.
2. MONITORING WELLS
Monitoring wells, established in accordance with State requirements and national best
practice, shall be provided for rock quarries and coal mines, and may be required on a case -
by -case basis for any other mining and extraction use.
3. FENCING
In cases where the excavation depth poses a safety hazard in the opinion of the Zoning
Administrator, the mining and excavation use shall include a fence of at least six feet in
height around all areas of excavation or around the subject site.
4. SETBACK FOR EXCAVATION
(a) All mining operations shall maintain a minimum setback of at least 50 feet between areas
of excavation and the lot line.
(b) Rock quarries and coal mining operations shall maintain a minimum setback of at least
200 feet from areas of excavation and the lot line.
5. VEGETATED BUFFER ZONE
(a) Sand and clay mining operations shall maintain a vegetated buffer of at least 25 feet in
width.
(b) All other mining and extraction uses shall maintain a minimum vegetated buffer of at least
50 feet in width.
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Section 4.3 Use -Specific Standards
6. ROADS
Roads internal to a mining and extraction use shall be paved or treated otherwise to conform
to standards set forth in the Federal Clean Air Act.
Chapter 154 - Zoning Code Page 112

Section 4.4 Accessory Use Standards
4.4.1 PURPOSE
This section authorizes the establishment of accessory uses and structures that are incidental and
subordinate to principal uses. The purpose of this section is to allow a broad range of accessory uses
and structures, provided they comply with the standards set forth in this section in order to reduce
potentially adverse impacts on surrounding lands.
4.4.2 PROCEDURE FOR ESTABLISHMENT
A. Accessory uses or structures may be approved in conjunction with the approval of the principal
use or subsequently following the establishment of the principal use.
B. No accessory use or structure shall be approved, established, or constructed before the principal
use is approved in accordance with this Ordinance.
C. Establishment of an accessory use or structure shall require approval of a zoning permit in
accordance with the standards in Section 2.4.15, Zoning Authorization, and the standards in this
section.
D. Any principal use listed in Table 4.1.7, Principal Use Table, as an allowable use in a zoning
district may also be permitted as an accessory use (or structure) in the same zoning district,
provided it complies with the standards in this section.
E. In the event an accessory use or structure is proposed to serve a principal use that is established
through a special use permit, the accessory use or structure shall also require special use permit
approval in accordance with Section 2.4.10, Special Use Permit.
F. A lawfully -established nonconforming use or structure may be supplemented with an accessory
use or structure provided the accessory does not increase the nonconformity.
4.4.3 GENERAL STANDARDS
A. PERMITTED ACCESSORY USES AND STRUCTURES
Permitted accessory uses and structures include those listed in this section and those that the
Zoning Administrator determines meet the following:
1. Are clearly incidental to an allowed principal use or structure;
2. Are subordinate to and serve an allowed principal use or structure;
3. Are subordinate in area, extent, and purpose to the principal use or structure;
4. Contribute to the comfort, convenience, or needs of occupants or business associated with
the principal use or structure.
B. LOCATED ON SAME LOT AS A PRINCIPAL USE
All accessory uses and structures shall be located on the same lot as the principal use or
structure and not located within any street right-of-way, except as allowed by this Ordinance.
C. COMPLIANCE WITH ORDINANCE REQUIREMENTS
Accessory uses and structures shall conform to the applicable requirements of this Ordinance,
including this section, the district standards in Article 154.3, DISTRICTS, and the development
standards in Article 154.5, STANDARDS.
D. DIMENSIONAL STANDARDS
Accessory structures, which include accessory buildings, shall meet the applicable zoning district
dimensional standards and district standards, except where authorized in writing by this
Ordinance.
E. EASEMENTS
Accessory structures may not be located in an easement unless the easement or easement
holder expressly states the allowance in writing.
Chapter 154 - Zoning Code Page 113

Section 4.4 Accessory Use Standards
F. CONFLICT WITH DISTRICT OR USE -SPECIFIC STANDARDS
In the event the standards in this section conflict with use -specific standards for a principal use in
Section 4.3, Use -Specific Standards, the use -specific standards shall control.
4.4.4 STANDARDS FOR ACCESSORY STRUCTURES ASSOCIATED WITH A
RESIDENTIAL USE
A. EXTERIOR MATERIALS
All accessory buildings shall be compatible to the primary residence and the surrounding
neighborhood.
1. Roofing on accessory structures shall be compatible to general roof styles such as A -style
roofs with shingles or tin. All roof slants shall provide adequate drainage and materials shall
be weather -tight, in order to prevent decay or rot;
2. All exterior materials shall be exterior treated wood paneling with exterior paint comparable to
the residence and/or vinyl siding. A Rot resistant material like cedar is acceptable; and
3. Pre-fab and manufactured accessory buildings are permitted provided they conform to this
Ordinance.
B. COMMERCIAL USES PROHIBITED
Accessory uses to single-family and two-family dwellings, and multi -family dwellings may not
include commercial uses, except as permitted as home occupations by Section 4.4.5, Standards
for Home Occupations.
C. CARETAKER RESIDENCE
Residences for watchmen and caretakers are permitted accessory uses to research and
industrial uses. Dwelling units shall not be allowed as accessory uses for other types of uses,
except where specifically allowed in other parts of this Ordinance.
D. MAXIMUM HEIGHT
No accessory building shall exceed 35 feet in height, nor shall any accessory building exceed the
principal building in height.
E. BUILDING PLACEMENT
1. An accessory building sharing one or more common walls with the principal building shall be
considered part of the principal building for purposes of this Ordinance, and must meet all
yard requirements applied to the principal building.
2. No detached accessory building shall be located closer than six feet to any other building or
manufactured home.
3. No accessory building may extend in front of the rear line of a single-family or two- family
dwelling or manufactured home, provided the building complies with the requirements
outlined in this section. This prohibition shall not apply to well or pump houses, bird houses,
baths, or feeders or other ornamental yard objects, mail boxes, or allowable signs.
4. No accessory building or recreational structure or use may extend within three feet of a lot
line, nor within 20 feet of a street right-of-way line.
F. SWIMMING POOLS
1. Swimming pools structures may be located in the rear and side yards provided the structure
complies with the setback requirements for the density in which it is located.
2. In cases where swimming pools extend in front of the rear line of a single family or two family
dwelling or mobile home, a 6 foot privacy fence or buffer shall be installed so as to obstruct
its view from any street or right of way.
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Section 4.4 Accessory Use Standards
G. DETACHED CARPORTS
Detached carports in back yards are permitted while meeting all accessory code setbacks.
Detached carports are permitted in the side yard but not to extend in front of the residential
dwelling. Only one side yard of the parcel can be used for the placement of a detached carport.
Placement of detached carports in both side yards is prohibited. The setback requirements for
side yard placement shall be one foot from the property line.
4.4.5 STANDARDS FOR HOME OCCUPATIONS
A. Home occupations shall be permitted as an accessory use to a primary residence, provided it
complies with the standards in Section 4.4.3, General Standards, and the following:
1. The use shall employ only residents of the premises and up to person who is not a resident of
the dwelling;
2. Not more than 25 percent of the gross floor area of the residence shall be used for a home
occupation;
3. An accessory building may be used for storage of materials and supplies for a home
occupation and shall not exceed the greater of 25 percent of the principal dwelling or 300
square feet;
4. No more than two vehicles may be used in the conduct of the home occupation. Any such
vehicle shall be parked off the street. The parking of any vehicles other than an automobile
shall be in an enclosed building that does not exceed the maximum size requirements of this
section;
5. No use, which may have a significant adverse impact on a surrounding residential
neighborhood, shall be permitted;
6. The home occupation shall not emit noise beyond that which normally occurs in the
applicable zoning district, nor shall it emit dust, vibration, odor, smoke, fumes, glare, electrical
interference, interference to radio and television reception or other nuisance and shall not be
volatile or present a fire hazard, nor may the occupation discharge into any waterway,
stream, lake or into the ground or a septic tank any waste which will be dangerous or a
nuisance to persons or animals, or which will damage plants or crops;
7. All approved home occupations shall obtain a zoning authorization in accordance with
Section 2.4.15, Zoninq Authorization, before a home occupation is established;
8. No outdoor sales or storage shall be permitted in connection with the home occupation.
9. No advertising displays, products, or signs shall be visible from the streets in connection with
the home occupation;
B. The following are strictly prohibited as home occupations:
1. Landscaping & lawn services;
2. Lawnmower repairs;
3. Appliance repairs;
4. Car washes;
5. Commercial automotive repair garages;
6. Truck terminals (including trucking companies);
7. Slaughterhouses;
8. Paint, petroleum & chemical plants;
9. Funeral homes & mortuaries;
10. Massage parlors;
11. Sale of reading or viewing material of a pornographic nature;
12. Movie theatres;
13.Animal hospitals;
14. Kennels;
15. Bottled gas sales; or
Chapter 154 - Zoning Code Page 115

Section 4.5 Temporary Use Standards
16. Any occupation which involves the bulk storage of liquid petroleum, gasoline, kerosene, or
other flammable liquids.
4.4.6 OUTDOOR STORAGE IN COMMERCIAL DISTRICTS
Storage is not permitted in a building that is not open for public retail sales in the C-21D, C-3H, or MUD
districts.
4.5.1 PURPOSE
This section allows for the establishment of specific temporary uses of limited duration, provided that such
uses do not negatively affect adjacent land, and provided that such temporary uses are discontinued
upon the expiration of a set time period. Temporary uses shall not involve the construction or alteration of
any permanent building or structure.
4.5.2 APPLICABILITY
The standards in this section apply to non -permanent uses that take place on a temporary basis whether
on the same site or in different locations in the jurisdiction. The activities listed in this section require the
issuance of a temporary use permit, except as exempted, in accordance with the standards in Section
2.4.11, Temporary Use Permit.
4.5.3 GENERAL STANDARDS FOR TEMPORARY USES
All temporary uses shall comply with the following general standards, unless otherwise specified in this
Ordinance:
A. GENERAL STANDARDS
1. Secure written permission from the landowner;
2. Obtain the appropriate permits and licenses from the Town and other agencies;
3. Comply with the requirements for temporary signs in Section 5.5, Signage;
4. Meet public utility and Town requirements for proper connection to water, sewer, electrical
and other utility service connections, as applicable;
5. Not violate the applicable conditions of approval that apply to a site or use on the site;
6. Not result in a situation where the principal use, if present, fails to comply with the standards
of this Ordinance;
7. Contain sufficient land area for the temporary use and for the parking and traffic movement
associated with the temporary use, without impacting environmentally sensitive lands;
8. Not remain in place for more than 90 days if located within a special flood hazard area;
9. Provide adequate on -site restroom facilities (as appropriate); and
10. Cease all outdoor activities within 500 feet of a residential use by 10:00 pm.
B. GENERAL CONDITIONS
In approving a temporary use permit, the Zoning Administrator is authorized to impose any of the
following general conditions upon the premises benefited by the permit as may be necessary to
reduce or minimize any potential adverse impacts upon other property in the area, as long as the
condition relates to a situation created or aggravated by the proposed temporary use. The
Zoning Administrator is authorized, where appropriate, to require:
1. Provision of temporary parking facilities, including vehicular access and egress;
2. Control of nuisance factors, such as but not limited to, the prevention of glare or direct
illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and
heat;
3. Prohibition of the storage or use of hazardous materials;
Chapter 154 - Zoning Code Page 116

Section 4.5 Temporary Use Standards
4. Regulation of placement, height and size, location of equipment and open spaces, including
buffer areas and other yards;
5. Provision of sanitary and medical facilities;
6. Provision of solid waste collection and disposal;
7. Provision of security and safety measures;
8. Use of an alternate location or date;
9. Modification or elimination of certain proposed activities;
10. Regulation of operating hours and days, including limitation of the duration to a shorter time
period than requested or specified in this subsection; and
11. Submission of a performance guarantee to ensure that any temporary use will be removed
from the lot or site within a reasonable time and the lot or site will be restored to its former
condition.
4.5.4 STANDARDS FOR SPECIFIC TEMPORARY USES
A. PORTABLE STORAGE CONTAINER
Portable storage containers may be permitted as a use accessory to a single-family detached,
two-family, three -to -four family residence, subject to the following standards.
1. TYPES DISTINGUISHED
Portable storage containers shall take one of the following three forms:
(a) A container used for the purposes of storage of personal property such as household
items being temporarily stored or relocated.
(b) A roll -off box, bin, or construction dumpster used for the collection and hauling of waste
or debris; or
(C) A fully -enclosed, non -motorized, trailer (commonly known as a semi -trailer) with wheels
intended to be towed to a site for the purpose of storage or transport of goods, materials,
or equipment.
2. MAXIMUM SIZE
Containers no larger in dimension than eight feet in height, nine feet in width, or 16 feet in
length.
3. MAXIMUM NUMBER
(a) No more than two portable storage containers shall be located on a single lot or parcel of
land.
(b) No other type of container or shipping container is located on the same lot or parcel of
land.
4. HAZARDOUS SUBSTANCES
Portable storage containers shall not be used to store or transport nonresidential materials
and substances, including but not limited to the following: solid waste, hazardous materials,
explosives, and unlawful substances and materials.
5. DURATION
A portable storage container may remain upon a lot for 14 days except when used in
conjunction with construction on the same lot, and shall then be removed within 14 days of
the issuance of a certificate of occupancy.
6. LOCATION
(a) If a portable storage container is placed in the front yard, then it shall be located only in
the area primarily used for vehicular ingress and egress and be at least five feet from the
edge of the paved right-of-way. In no instance shall the placement of a portable storage
container result in fewer off-street parking spaces than are required by this Ordinance.
Chapter 154 - Zoning Code Page 117

Section 4.5 Temporary Use Standards
(b) If a portable storage container is placed in the required rear or side yard, no setback shall
be required.
B. TEMPORARY HEALTH CARE STRUCTURE
One temporary health care structure is permitted on a lot with a single-family detached dwelling,
subject to the following standards:
1. STRUCTURE
A temporary health care structure is one that:
(a) Is transportable and primarily assembled at a location other than the site of installation;
(b) Is located on a lot with an existing single-family detached dwelling;
(C) Is limited to one occupant who is a mentally or physically impaired person related to the
caregiver;
(d) Is used by a caregiver or legal guardian in providing care for one mentally or physically
impaired person on property owned or occupied as the caregiver's or guardian's
residence;
(e) Has no more than 300 square feet of gross floor area;
(f) Is connected with water, sewer, and electricity by branching service from the single-family
detached dwelling;
(g) Has the same street address and mailbox as the existing single-family detached dwelling;
(h) Uses the same driveway as the existing single-family dwelling, unless the structure is
accessed from a right-of-way not used by the dwelling (e.g., a rear alley or separate
street access on a corner or through lot);
(i) Meets the dimensional standards of the zoning district for a single-family detached
dwelling; and
(j) Meets the applicable provisions in the NC State Building Code; however, is not located
on a permanent foundation.
2. NEED AND RELATIONSHIP
(a) The occupant of the structure must be a mentally or physically impaired person who
requires assistance with two or more activities of daily living (bathing, dressing, personal
hygiene, ambulation or locomotion, transferring, toileting, and eating) as certified in
writing by a physician licensed to practice in this State.
(b) The caregiver must be an individual 18 years of age or older who provides care for the
mentally or physically impaired person and is a first or second degree relative of the
impaired person. A first or second degree relative is a spouse, lineal ascendant, lineal
descendant, sibling, uncle, aunt, nephew or niece, including half, step, and in-law
relationships.
3. PERMIT CONDITIONS
(a) Once the applicant provides sufficient proof that the temporary health care structure
meets all standards, then the temporary structure shall be permitted for a period of 12
months.
(b) The applicant may renew the zoning compliance permit for a 12-month period and
continue to renew it provided the applicant provides evidence of continued need and
compliance with these standards.
(C) The Town may make permit renewal and periodic inspections of the temporary structure
at reasonable times convenient to the applicant.
(d) No signage shall be permitted on the exterior of the temporary structure or on the lot that
identifies or promotes the existence of the structure.
(e) The temporary structure shall not be subdivided or otherwise separated in ownership
from the single-family detached dwelling.
Chapter 154 - Zoning Code Page 118

Section 4.5 Temporary Use Standards
(f) The temporary structure shall be removed within 60 days if the impaired occupant is no
longer receiving or in need of assistance.
(g) The temporary use permit may be revoked or other enforcement actions taken if these
standards are violated.
C. TEMPORARY REAL ESTATE OFFICE
A temporary real estate office is permitted on a lot in a residential, mixed -use, or business district,
subject to the following standards:
1. The office is located on a lot that is part of the real estate development being sold or leased.
2. Signage complies with the standards of Section 5.5, Signage.
3. The office complies with the dimensional standards of the zoning district in which it is located.
4. The temporary office is converted into a dwelling or removed within 30 days after all units are
sold or leased.
D. TEMPORARY WIRELESS TELECOMMUNICATIONS FACILITY
A temporary wireless telecommunications facility is permitted on a lot containing a commercial or
mixed -use, subject to the following standards:
1. A temporary wireless telecommunications facility may be allowed on a lot after a disaster or
other emergency for a period not to exceed 30 days, except that the temporary use permit
may be renewed for good cause shown.
2. A temporary wireless telecommunications facility may be allowed on a lot to evaluate the
technical feasibility of a site for a period not to exceed 14 days, except that the temporary use
permit may be renewed for good cause shown.
3. A temporary wireless telecommunications facility may be allowed on a lot in association with
an event where the anticipated demand cannot be handled by existing facilities for a period
not to exceed 14 days.
4. A temporary wireless telecommunications facility may be allowed on a lot with an existing
permanent wireless telecommunications facility where the permanent structure is undergoing
reconstruction or maintenance and the temporary facility is needed to maintain sufficient
levels of service. The temporary facility shall be removed after reconstruction or
maintenance is complete and service restored on the permanent structure.
5. All temporary wireless telecommunications facilities, including all supporting cables and
anchors, shall be contained on the lot.
Chapter 154 - Zoning Code Page 119

ARTICLE 154.5 STANDARDS
TABLE OF CONTENTS
5.1 Off -Street Parking and Loading............................................................................. 122
5.1.1
Applicability....................................................................................................................................122
5.1.2
General Requirements...................................................................................................................
122
5.1.3
Parking Stall Size...........................................................................................................................
122
5.1.4
Parking Lot Aisle Width..................................................................................................................
122
5.1.5
Standards For Parking Lots with Twenty or More Spaces............................................................
123
5.1.6
Minimum Number of Required Off -Street Parking Spaces............................................................
124
5.1.7
Parking Alternatives.......................................................................................................................
125
5.1.8
Off -Street Loading Spaces............................................................................................................
126
5.2 Landscaping........................................................................................................... 128
5.2.1 Parking Lot Landscaping...............................................................................................................
128
5.2.2 Perimeter Buffers...........................................................................................................................
128
5.2.3 Streetyard Buffers..........................................................................................................................
129
5.2.4 Trees in the Public Right-of-Way...................................................................................................
130
5.3 Fences and Walls...................................................................................................
131
5.3.1 Fences and Walls Distinguished...................................................................................................
131
5.3.2 Compliance with Required Setbacks.............................................................................................
131
5.3.3 Maximum Fence Height.................................................................................................................
131
5.3.4 Maximum Wall Height....................................................................................................................
131
5.3.5 Impairment of Vision Prohibited.....................................................................................................
131
5.4 Exterior Lighting.....................................................................................................
132
5.4.1 Purpose and Intent........................................................................................................................
132
5.4.2 Applicability....................................................................................................................................132
5.4.3 Prohibited Lighting.........................................................................................................................
132
5.4.4 Exterior Lighting Standards...........................................................................................................
132
5.5 Signage................................................................................................................... 133
5.5.1 Compliance Required.................................................................................................................... 133
5.5.2 General Sign Regulations.............................................................................................................. 133
5.5.3 Prohibited Signs............................................................................................................................. 133
5.5.4 Off -Site Advertising Signs.............................................................................................................. 133
5.5.5 Nonconforming Signs.................................................................................................................... 133
5.5.6 Permitted Signs............................................................................................................................. 134
5.6 Driveways................................................................................................................137
5.6.1 Maximum Number of Entrances and Exits.................................................................................... 137
5.6.2 Minimum Spacing.......................................................................................................................... 137
5.6.3 Minimum Driveway Width.............................................................................................................. 137
5.6.4 Paved Apron Required.................................................................................................................. 137
Chapter 154 - Zoning Code Page 121

Section 5.1 Off -Street Parking and Loading
5.1.1 APPLICABILITY
The minimum required amount of off-street parking specified in this section shall be provided at the time
of the erection of any building or the establishment of any use or at the time any principal building or use
is enlarged or increased in capacity by adding dwelling units, guest rooms, seats, floor, storage or sales
area; or before conversion from one type of use or occupancy to another.
5.1.2 GENERAL REQUIREMENTS
Parking spaces required by this Ordinance may be provided in a parking garage or properly graded open
space. The following regulations concerning required off-street parking shall apply:
A. PARKING PLAN REQUIRED
Each zoning authorization application filed with the Zoning Administrator shall include information
as to location and dimensions of off-street parking space and the means of ingress and egress to
such space. This information shall be in sufficient detail to enable the Zoning Administrator to
determine whether or not the requirements of this section are met.
B. ZONING AUTHORIZATION REQUIRED
1. No zoning authorization shall be issued until the parking requirements and regulations are
fully met. The Zoning Administrator may withhold a permit if a parking layout not specifically
prohibited by this section would be likely to cause avoidable safety or traffic congestion
problems until modification is made.
2. The applicant may appeal the Zoning Administrator's decision to the Board of Adjustment in
accordance with Section 2.4.3, Appeal.
5.1.3 PARKING STALL SIZE
Parking space sizes shall be in accordance with Table 5.1.3, Parking Stall Dimensions:
TABLE 5.1.3:
TYPE OF PARKING STALL
PARKING
MINIMUM
STALL DIMENSIONS
LENGTH (FEET)
MINIMUM WIDTH (FEET)
• •-• -- angle
45-clegree angle
60-clegree angle
Perpendicular (90-clegree angle)
5.1.4 PARKING LOT AISLE WIDTH
Parking lot aisle widths shall be in accordance with the standards in Table 5.1.4: Parking Lot Minimum
Aisle Width:
Chapter 154 - Zoning Code Page 122

Section 5.1 Off -Street Parking and Loadi
0° to 15'
• -•
12
•TRAFFIC (FEET)
24
16' to 37'
12
38' to 57'
13
58' to 74'
18
75' to 90'
24
5.1.5 STANDARDS FOR PARKING LOTS WITH TWENTY OR MORE SPACES
Off-street parking lots configured to provide 20 or more spaces shall be subject to the following
requirements:
A. SURFACING
All such parking lots shall be graded and surfaced with blacktop, concrete, or asphalt.
B. MARKINGS
Each parking space shall be marked off and maintained so as to be distinguishable.
C. LIGHTING
Any lighting shall be so arranged as to direct the light and glare away from streets and adjacent
property.
D. REQUIRED YARDS
1. All such parking lots shall observe a minimum front yard of not less than five feet and a side
yard on a corner lot of not less than five feet.
2. Parking lots in residential- agricultural and residential districts shall have front yards of not
less than 15 feet, and side and rear yards of not less than five feet.
E. PARKING LOT PLANTINGS REQUIRED
Yards surrounding parking lots shall be planted and maintained in lawn or other appropriate
planting, or shall be improved otherwise in keeping with the character of adjacent property.
When a parking lot is adjacent to residential -agricultural or residentially zoned or used property
and a buffer configured in accordance with Section 5.2.2, Perimeter Buffers, is not required,
natural planting, hedges or a decorative fence to a height of at least six feet shall screen the
residential property.
F. CURBS OR WHEEL STOPS
The required yards shall be set off from parking areas by either continuous curb or one non -
continuous stationary bumper for each parking space abutting on a yard, which curb or bumper
shall be six inches in height;
G. DRAINAGE
1. Parking lots shall not drain onto or across public sidewalks, or into adjacent property except
into a natural watercourse or a drainage easement.
2. In already developed areas where this condition would be impossible to meet, the Zoning
Administrator may exempt the developer from this requirement, provided that adequate
provision is made for drainage.
H. SEPARATION OF BUMPER AND WALKWAYS
In the event any parking stall abuts a walkway, there shall be a space of at least three -and -one-
half feet between the wheel bumper or curb and the edge of the walkway.
Updated:Town of Franklinton, NC Last
Chapter 154 - Zoning Code Page 123

Section 5.1 Off -Street Parking and Loading
DRIVEWAYS
Driveways shall be provided in accordance with this section and Section 5.6, Drivew
J. INTERNAL CIRCULATION
Sufficient area shall be provided within the property lines of the parking lot, exclusive of required
yards, so that all vehicles may enter and leave the lot in a forward motion.
5.1.6 MINIMUM NUMBER OF REQUIRED OFF-STREET PARKING SPACES
A. The minimum number of required off-street parking spaces shall be calculated in accordance with
Table 5.1.6: Minimum Number of Required Spaces, and this section.
B. In cases where a use type is not expressly provided for, the number of off street spaces shall be
the same as for a similar use or inclusive category.
C. Except for shopping center uses, where there is more than one use in a single structure, or on a
single tract, or two or more instances of the same use, the minimum number of required off-street
parking spaces per use should be considered in the calculation of parking spaces.
TABLE 5.1.6: MINIMUM
NUMBER OF •
TYPE OF USE
NUMBER OF REQUIRED OFF-STREET PARKING SPACES
Dwellings, single and two-family
3 per dwelling unit
Dwellings, multi -family
2 spaces for each dwelling unit plus 1 visitor space for each 4
dwelling units
Townhouses
2 spaces for each dwelling unit plus 1 visitor space for each 4
dwelling units
Group housing (such as boarding houses),
1.2 for each bedroom
dormitories, and similar establishments
Manufactured homes on individual lots
3 per manufactured home
1 for each 150 square feet of gross floor area or fraction
Financial institutions
thereof, plus safe facilities to accommodate passengers
waiting in line for drive-in windows and banking machines, if
any
Hospitals
1 space for each 150 square feet of gross floor area or fraction
thereof
Libraries
1 space for each 200 square feet for use by the public or
fraction thereof
Museums and art galleries
1 space for each 800 square feet of gross floor area or fraction
thereof
Nursing homes, family care homes, and
.5 times the maximum lawful number of occupants
similar institutions
Doctor or dentist office
6 for each doctor or dentist plus 1 for each other employee
Other offices
1 for each 300 square feet of gross floor area or fraction
thereof
Places of assembly, including clubs, lodges,
churches, funeral parlors, auditoriums,
1 for each 3 seats, plus 1 for each 100 square feet of floor area
gymnasiums, amusement parks and similar
used for assembly, but not containing fixed seats or fraction
places. County inspector to set # of
thereof
handicap spaces.
Day nurseries, kindergartens, elementary
3 for each 750 square feet of classroom floor area or fraction
schools or junior highs
thereof, plus 1 for each administrative office, plus
auditorium/gymnasium parking if applicable
Chapter 154 - Zoning Code Page 124

Section 5.1 Off -Street Parking and Loading
TABLE 5.1.6: MINIMUM
NUMBER OF •
TYPE OF USE
NUMBER OF REQUIRED OFF-STREET PARKING SPACES
5 for each 750 square feet of classroom floor area or fraction
Senior highs and colleges, trade colleges
thereof, plus 1 for each administrative office, plus
and vocational colleges with dormitories
auditorium/gymnasium/dormitory parking requirement, if
applicable
Adult establishment
1 per every 200 square feet of gross floor area or fraction
thereof
Bowling alley
5 per lane
Tent
1 for each campsite plus office parking requirement
Campground
Recreational vehicle
1 for each campsite plus office parking requirement
Car Wash
1 per wash lane
Golf course (not including putting greens
accessory to multi -family dwellings or hotels
4 per hole
or motels)
Internet sweepstakes cafe
1 per every 150 square feet of gross floor area or fraction
thereof
Restaurant (drive-in or take-out with fewer
Minimum of 15 spaces, plus 1 additional space for each 50
than 30 seats)
square feet of gross floor area or fraction thereof
Restaurant (other)
1.2 for each 100 square feet of gross floor area or fraction
thereof
Service stations
2 for each gas pump, plus 3 for each grease rack of similar
facility
Shopping centers (in lieu of individual store
5.5 square feet of gross lease able area or fraction thereof
parking requirements)
Low generator retail and service
establishments such as furniture, appliance,
household equipment, carpet and hardware
1 for each 500 square feet of gross floor area or fraction
stores, repair shops, including shoe repair,
thereof, including any outdoor sales area
contractors' showrooms, drapery, paint and
wallpaper, upholstery, interior decorator,
motor vehicle sales, plant nurseries
All other commercial uses, such as retail
stores, wholesale outlet stores, department
1 for each 200 square feet of gross floor area or fraction
stores, discount stores, drugstores, coin-
thereof, including any outdoor sales area
operated laundries and variety stores
Industrial and research uses, warehousing,
and very low customer volume wholesaling
1 for each employee on premises at any one time
operations
5.1.7 PARKING ALTERNATIVES
A. DOWNTOWN RESIDENTIAL OR DOWNTOWN COMMERCIAL DISTRICTS
In the RDT and C-21D districts, the Zoning Administrator may allow a new use to be established in
an existing building even if all parking requirements of this Ordinance cannot be met for the new
use, provided that as much off-street parking as can reasonably be provided is provided by the
use, and no foreseeable traffic congestion problems will be created.
Chapter 154 - Zoning Code Page 125

Section 5.1 Off -Street Parking and Loading
B. SHARED PARKING SPACES
The required parking space for any number of separate uses may be combined in one lot, but the
required space assigned to one use may not be assigned to another use, except that one-half of
the parking space required for churches, theaters or assembly halls whose peak attendance will
be at night or on Sundays may be assigned to use which will be closed at night and on Sundays.
C. OFF -SITE PARKING SPACES
If the off-street parking space required by this Ordinance cannot be reasonably provided on the
same lot on which the principal use is located, such spaces may be provided on any land within
400 feet of the main entrance to such principal use.
5.1.8 OFF-STREET LOADING SPACES
A. GENERALLY
Every building or structure used for business, trade, industry, office, or institutional purposes shall
provide loading space as indicated in this section.
B. RATE OF PROVISION
Off-street loading spaces shall be provided in accordance with the following:
1. RETAIL USES
(a) GENERALLY
Except for visitor accommodation uses (major and minor) and office uses, retail uses
shall provide at least one off-street loading space for each 20,000 square feet of gross
floor area, or fraction thereof.
(b) OFFICE USES
Office uses shall provide at least one off-street loading space for each 50,000 square feet
of gross floor area, or fraction thereof.
(c) VISITOR ACCOMMODATION USES
Visitor accommodation uses (major and minor) shall provide at least one off-street
loading space for each 50,000 square feet of gross floor area, or fraction thereof.
2. INDUSTRIAL (INCLUDING WHOLESALE USES)
Industrial uses shall provide at least one off-street loading space for each 10,000 square feet
of gross floor space, or fraction thereof.
3. INSTITUTIONAL USES
(a) GENERALLY
Institutional uses shall provide at least one off-street loading space for each 50,000
square feet of gross floor area or fraction thereof.
(b) ADDITIONAL REQUIREMENTS FOR DAY CARE AND EDUCATIONAL
USES
Elementary, junior high, high schools, kindergartens, nurseries and day care centers shall
also provide a safe place off the street for the loading and unloading of children from
automobiles and buses.
C. ALTERNATIVE RATE OF PROVISION ALLOWED FOR CERTAIN USES OR
DISTRICTS
1. If there is not more than one delivery and pickup during the hours when a retail trade, office
or institutional establishment is open to patrons, such space may be combined with the
existing parking space on the premises.
2. The required provision of off-street loading spaces may be waived or reduced by the Zoning
Administrator for development proposed within an existing building in the C-21D district
Chapter 154 - Zoning Code Page 126

Section 5.1 Off -Street Parking and Loading
provided that as much loading space as can reasonably be provided is provided by the use
and traffic or safety hazards will not be created.
D. LOADING SPACE CONFIGURATION
1. Each loading space shall be no less than 15 feet in width, and 30 feet in depth.
2. Each space shall also be no less than 15 feet in height, if such space is covered.
E. LOADING SPACE ACCESS
Each loading space shall have access driveways to public streets or alleys which driveways shall
be at least 24 feet wide for two-way drives and 12 feet for one-way drives and with adequate
turning radii for the delivery vehicles customarily associated with the particular use.
Chapter 154 - Zoning Code Page 127

Section 5.2 Landscaping
5.2.1 PARKING LOT LANDSCAPING
All parking lots of four or more spaces serving multi -family, mixed -use, and non-residential developments
shall comply with the following parking lot landscaping standards.
A. INTENT
Parking lot perimeter landscaping shall be designed to soften the view of the parking lot from an
abutting street or development and to filter spillover light from vehicle headlights. Required plant
material shall be planted in such a way as to best achieve this intent.
B. LOCATION
1. Required plant material shall be placed adjacent to the perimeter of the parking lot.
2. Depending upon the geometric relationship of the parking lot to the property lines or to
topographic conditions, plant material may be placed away from the edge of the parking area,
if necessary, to best achieve the intent of this section, as determined by the Zoning
Administrator.
C. PLANTING RATE
1. Parking lot perimeter landscaping shall consist of a single continuous row of evergreen
shrubs planted no greater than three feet on -center and within five feet of the parking lot
edge.
2. Applicants may propose an alternative plant species (such as native grasses) provided the
proposed plant material provides a fully opaque screen to a maximum height of 36 inches
above grade throughout the year.
D. SIZE OF PLANT MATERIAL
1. Shrubs used for parking lot perimeter landscaping shall be of a minimum size necessary to
achieve a maximum height of 36 inches above grade within three years of planting.
2. In cases when vegetation provided as perimeter plantings around a parking lot grow to a
height exceeding 48 inches above grade, they shall be trimmed or pruned as necessary to
maintain a minimum height of 36 inches.
3. It shall be a violation of this Ordinance to remove or severely prune required vegetation to a
height of less than 36 inches.
E. ALTERNATIVES
Perimeter parking lot plantings may be supplemented or replaced through use of a vegetated
berm or an opaque fence or wall that meets the screening objective of this section and is
configured in accordance with Section 5.3, Fences and Walls.
F. EXEMPTION
Where off-street parking lots are adjacent to one another, but on different lots, perimeter plantings
or other forms of screening are not required along the common boundary between the two
parking lots.
5.2.2 PERIMETER BUFFERS
Whenever a vegetated buffer is required by this Ordinance, the buffer shall be configured in accordance
with the following standards (unless an alternative configuration is specified):
A. WHERE REQUIRED
1. Buffer strips, configured in accordance with this section or other requirements, shall be
required:
(a) Whenever a manufacturing, processing, retail, wholesale trade, warehousing public utility
use is established on a lot that abuts or is adjacent to land zoned for residential land
uses; or
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Chapter 154 - Zoning Code Page 128

Section 5.2 Landscaping
(b) Whenever required by another section of this Ordinance or as part of a condition of
approval.
2. For the purposes of this section, "adjacent" shall mean across an easement or right-of-way.
B. CONFIGURATION
1. A buffer strip shall consist of a planted strip which shall be a minimum of 16 feet in width,
shall be composed of evergreen bushes, shrubs, and/or trees such that at least two rows of
coverage are provided from the ground to a height of six feet within six years and foliage
overlaps.
2. The 16 feet required for the buffer strip shall be in addition to all normal yard requirements of
this Ordinance.
3. All buffer strips shall become part of the lot(s) on which they are located, or in the case of
commonly -owned land, shall belong to the homeowner's or property -owner's association.
C. ALTERNATIVE CONFIGURATION
1. If a natural screen is already in place which will adequately fulfill the purpose of a buffer strip,
the Zoning Administrator may, in writing, allow a substitution of all or part of this screen for
the buffer. Written permission of the Zoning Administrator shall be obtained before removing
an existing natural buffer in the location of the required buffer strip;
2. Where, because of intense shade or soil conditions, a planting screen cannot be expected to
thrive, the Zoning Administrator may, in writing, allow substitution of a well -maintained
wooden fence or masonry wall at least six feet in height;
3. The Board of Commissioners or Board of Adjustment, as appropriate, may allow an
alternative buffer configuration comprised of an eight -foot -wide buffer with one row of trees,
or a fence or wall in cases where an alternative buffer will adequately protect adjacent lands.
D. PERFORMANCE GUARANTEE MAY BE REQUIRED
For uses requiring a special use permit, the Board of Adjustment may require a performance
guarantee for the vegetation or screening within a buffer as a condition of approval in cases
where construction or development activity is likely to damage the buffer or inhibit compliance
with these standards.
E. MAINTENANCE REQUIRED
The buffer strip shall be maintained for the life of the development. Maintenance shall be the
responsibility of the property owner or if the property is rented, the lessee.
5.2.3 STREETYARD BUFFERS
Development subject to these landscaping standards shall provide a streetyard buffer in accordance with
the following standards:
A. WHERE REQUIRED
Streetyard buffers shall be provided along all lot lines bounded by an arterial or collector street
right-of-way.
B. REQUIRED PLANT MATERIAL
Streetyard buffers shall include vegetation configured in one of the following three ways:
1. Two canopy trees per every 100 linear feet of property frontage of frontage;
2. One canopy tree and two understory trees per every 100 linear feet of frontage; or
3. In cases where overhead utilities are present, three understory trees per every 100 linear feet
of frontage.
C. CONFIGURATION
1. A streetyard buffer shall maintain a minimum width of ten feet.
2. Driveway widths (measured at the inside edge of the buffer) are excluded from the streetyard
buffer distance calculation.
Chapter 154 - Zoning Code Page 129

Section 5.2 Landscaping
3. Required sight distance triangles are excluded from the buffer length determination, and
streetyard buffer landscaping material shall not be located within a required sight distance
triangle.
4. While the streetyard buffer width is typically located parallel to the lot line, design variations
are allowed subject to the approval of the Zoning Administrator, as needed to address
existing obstructions or topographic conditions.
5.2.4 TREES IN THE PUBLIC RIGHT-OF-WAY
A. Existing trees of two inches of diameter or more, measured at four -and -one-half feet above the
ground and located within an existing, designated, or planned public street right-of-way shall not
be removed or damaged except as part of street construction, maintenance, or installation of
street -related features like driveway aprons, curbing, storm drains, sidewalks, or similar features.
B. Removal or damage of an existing tree meeting the standards of this section shall be a violation
of this Ordinance subject to the standards in Article 154.7, ENFORCEMENT.
Chapter 154 - Zoning Code Page 130

Section 5.3 Fences and Walls
Fences and walls are permitted as accessory use in all zoning districts, provided that they comply with the
following:
5.3.1 FENCES AND WALLS DISTINGUISHED
For the purposes of this section, a fence is a barrier composed of chain -link wire, treated wood, wrought
iron, or vinyl and a wall is a barrier composed of brick, rock, or stone.
5.3.2 COMPLIANCE WITH REQUIRED SETBACKS
Fences and walls are exempt from the setback requirements of this Ordinance.
5.3.3 MAXIMUM FENCE HEIGHT
A. No fence shall be placed in the front yard that exceeds four feet in height.
B. No fence exceeding six feet in height may be placed along the side lot line of any principal
building unless required or specifically authorized in another section of this Ordinance.
C. Fences shall not exceed seven feet in height, except that in commercial and industrial districts, a
fence may not exceed ten feet in height.
D. Fences greater than seven feet in height shall be of an open type similar to woven wire or
wrought iron.
E. Fences and walls may exceed the height requirements of this section if required or specifically
authorized in another section of this Ordinance.
5.3.4 MAXIMUM WALL HEIGHT
No wall or retaining wall can be placed in the front or side yard which is more than four feet in height.
5.3.5 IMPAIRMENT OF VISION PROHIBITED
Nothing shall be erected, placed, planted, or allowed to grow in such a manner around a fence or wall as
to impede vision beyond the maximum height or into an adjacent right-of-way.
Chapter 154 - Zoning Code Page 131

Section 5.4 Exterior Lighting
5.4.1 PURPOSE AND INTENT
The purpose of this section is to regulate exterior lighting to ensure the safety of motorists and
pedestrians and to minimize adverse effects on adjacent land uses due to excessive light intensity or due
to light trespass and glare.
5.4.2 APPLICABILITY
The provisions of this section shall apply to all multi -family, nonresidential, and mixed -use development.
5.4.3 PROHIBITED LIGHTING
The following forms of exterior lighting shall be prohibited:
A. Lighting that imitates an official highway or traffic control light or sign;
B. Lighting in the direct line of sight with any traffic control light or sign;
C. Flashing, revolving, or intermittent exterior lighting visible from any lot line or public street, except
for permitted freestanding or wall signs in accordance with Section 5.5, Signage;
D. High intensity light beams, such as searchlights, laser, or strobe lights, except when used by
federal, state, or local authorities, or for special events; and
E. Lighting shall not be oriented so as to direct glare or excessive illumination onto streets in a
manner that may distract or interfere with the vision of drivers, bicyclists, or pedestrians.
5.4.4 EXTERIOR LIGHTING STANDARDS
All lighting fixtures designed or placed so as to illuminate any portion of a site shall meet the following
requirements.
A. SHIELDING
1. Overhead lighting fixtures shall be designed to prevent light from emitting upwards towards
the sky.
2. Under canopy lighting fixtures should be completely recessed within the canopy.
3. Wall packs shall be cut-off and wall -mounted floodlights shall be shielded (e.g., true cut-off
type bulb or light source not visible from off -site) to direct light downward.
4. Exterior lighting fixtures located on private property and visible from a residential land use
shall be configured so that the source of illumination (the bulb) is not visible from the
residential land use.
B. FIXTURE HEIGHT
1. Lighting fixtures shall be a maximum of 40 feet in height within the parking lot and shall be a
maximum of 15 feet in height within non -vehicular pedestrian areas.
2. All light fixtures located within 50 feet of any single-family detached or two-family dwelling
shall not exceed 15 feet in height.
3. The Zoning Administrator may allow fixtures above this height to provide internal lighting for
stadiums, arenas, and similar facilities.
C. MOUNTING
Exterior lighting shall be mounted and configured in such a manner so that the cone of
illumination is contained on -site and does not cross any lot line around the perimeter of the site.
D. APPEARANCE
1. Exterior lighting fixtures shall be designed as an integral element that complements the
design of the project through compatible style, material, and color.
2. Exterior lighting fixtures shall be designed in a consistent and coordinated manner for the
entire site.
Chapter 154 - Zoning Code Page 132

Section 5.5 Signage
5.5.1 COMPLIANCE REQUIRED
No sign or sign structure may be erected, posted, hung, painted, rehung, repainted, repaired, replaced,
changed, or maintained in any district except in compliance with this section.
5.5.2 GENERAL SIGN REGULATIONS
A. No sign or sign structure shall be erected or constructed so as to interfere with vision clearance
requirements in Section 3.1.4F, Visibility at Intersections to be Maintained.
B. No ground sign structure may be placed in the right-of-way.
C. Individual stores in a shopping center may not have separate ground sign structures. The
shopping center as a whole may display signs in accordance with this section.
D. Signs and sign structures shall meet all requirements of the State Building Code. Signs do not
require a zoning authorization unless a building permit is required for the sign.
E. Signs and sign structures shall be maintained at all times in a state of proper repair, with all
braces, bolts, clips, guides, anchors, supporting frames and fastening free from deterioration,
insect infestation, rot, rust, or loosening.
F. All signs shall be kept neatly finished, with lettering intact, and if of a type which requires painting,
free from visible peeling or chipping.
G. Signs and their supporting structures located on the site of a use that has been discontinued or
abandoned shall be removed within 90 days after the principal use they serve has been
discontinued or abandoned. This provision does not refer to billboards until the commercial use of
the billboard for rent has ceased. An extension of the 90-day time limit for removal may be
granted by the Zoning Administrator for reasonable cause.
H. Illuminated signs shall be limited to those lighted from behind to silhouette letters and internally
illuminated and spotlighted signs. All illuminated and spotlighted signs shall be placed so as to
prevent the light rays, illumination, or glare from being cast directly on any building or on traffic.
I. Strings of light bulbs used in connection with commercial premises for commercial purposes shall
be limited to white, yellow, or bug -repellant bulbs, and shall not cast glare on traffic or adjoining
premises.
J. Signs otherwise permitted by this Ordinance shall not be permitted on telephone or utility poles,
trees, buildings, or other vertical projections on Town property.
5.5.3 PROHIBITED SIGNS
The following types of signs are expressly prohibited:
A. Signs with moving, revolving or rotating parts, or any sign which moves or gives an illusion of
movement shall be prohibited in all districts.
B. Signs which obstruct the view of, or could be confused with any authorized traffic sign, signal or
device, or make use of the words "stop," "look," "danger" or any other word, phrase, symbol or
character in such a manner as to interfere with, mislead or confuse traffic; and
C. Signs, which obstruct openings, required to be left uncovered or unobstructed by building codes,
the housing code or other laws relating to buildings.
5.5.4 OFF -SITE ADVERTISING SIGNS
Off -site advertising signs (billboards) shall be prohibited in all districts, excluding those highways certified
by the State as a protected interstate highway.
5.5.5 NONCONFORMING SIGNS
Nonconforming signs, when removed for any reason other than normal maintenance, may not be erected
again, nor may any such sign be replaced with another nonconforming sign.
Chapter 154 - Zoning Code Page 133

Section 5.5 Signage
5.5.6 PERMITTED SIGNS
A. Any sign authorized in this section is allowed to display noncommercial copy in lieu of other copy.
Noncommercial copy is copy, which is not commercial advertising, business or identification copy,
and which carries a substantive message, statement or expression protected by the First
Amendment to the U.S. Constitution.
B. Signs shall be permitted in accordance with the standards in Table 5.5.6: Sign Standards:
TABLESTANDARDS
DIMENSIONS
DISTRICTS
TYPE OF
OTHER REQUIREMENTS
AREA HEIGHT PERMITTED
Awning signs (may also
- Limit of one per established entranceway.
be placed on non -raising
4 __ C-21D, C-3H, - Bottom of sign must be nine feet above the
marquees)
MUD, IL sidewalk level; more over public right-of-way,
if required by Town regulation
- Must be removed when construction has
Construction site
64
12
all districts
been completed
placards
- Fence wrap signs are exempted from
regulation in accordance with the NCGS
Directional signs
containing no advertising
matter and for the
4
--
all districts
May not identify a particular commercial or
purposes of safety
institutional establishment
(including address
numbers)
Flagpole
- Wall and projecting insignia may not exceed
may not
10 square feet in area, nor may they project
Flag, pennant, or insignia
exceed 35
more than 9 feet from the wall at the farthest
not used in connection
feet
point
with a commercial
height in
- In commercial or industrial districts, the
promotion, or as an
__
IL and 20
all districts
insignia may be placed on signs permitted in
advertising device, or as
feet
those districts
an integral part of
height in
- In any district, flags or pennants shall not
another sign
all other
exceed 15 square feet or, if on a pole, '/4 the
districts.
height of the pole, whichever gives the flag a
greater permitted area
May only be located on premises where
32
8
R-1A
products are grown or produced for on -site
sale
All other
- Limited to one per development entrance
Ground signs
32
4
residential
- Shall be approved by NCDOT if located
districts
within a right-of-way
150
35
IL
- No more than one per street frontage
containing entrance to use
Chapter 154 - Zoning Code Page 134

Section 5.5 Signage
TABLESTANDARDS
DIMENSIONS
TYPE OF
OTHER REQUIREMENTS
AREA HEIGHT PERMITTED
- Must be at least 30 feet from any other
40
20
C-21D, C-3H,
ground or monument -type sign
MUD, IL
- May not be placed where it would obstruct
vision clearance for vehicles exiting site
Memorial signs, tablets,
Must be cut into a masonry surface or cast of
name of building and
--
--
all districts
metal and affixed flat against a surface
date of construction
Political signs
4
--
all districts
Must comply with all applicable NCGS
provisions
- Sign may be no more than 9 feet from the
wall at the farthest point
- One such sign per face on street, or two per
establishment, whichever is less, shall be
C-2D, C-31­11
permitted.
Projecting signs
20
--
MUD, IL
- Such sign may be hung on a corner of a
building, but shall count against the maximum
allowed above
- An establishment may not also have a wall
or roof sign on the same face as a projecting
sign
Roof signs (see wall
signs)
All non-
- Off -site: No more than one per lot
Temporary signs in
20 (off -site)
residential
- On- site: No more than three per lot.
nonresidential districts
32 (on -site)
and mixed-
- On- and off -site: may remain for no more
use districts
than 45 days in total per year
- May not be located within the right-of-way
Temporary signs in
All residential
May remain for no more than 45 days in total
residential districts
32
districts
peryear
- May not be located within the right-of-way
Such
- Establishments fronting on more than one
1.25
signs shall
street may include frontage on each street for
square feet
not project
sign facing that street, but may not combine
of sign
over the
frontage measurements to place a large sign
Wall signs (including roof
area per
roof line of
C-2D, C-3H,
on one frontage
signs and signage on a
running
the
MUD, IL
- Must be mounted on the area of wall free of
canopy)
foot of
building to
windows, doors or other architectural features.
building
which
- Only one wall, roof or projecting sign per
frontage
they are
establishment per street frontage is permitted
attached
other than those specifically mentioned
elsewhere in this table.
Chapter 154 - Zoning Code Page 135

Section 5.5 Signage
Chapter 154 - Zoning Code Page 136

Section 5.6 Driveways
Any business or industry, which requires lowered or cut -away curbs, for purposes of ingress or egress, shall be
subject to the following provisions:
5.6.1 MAXIMUM NUMBER OF ENTRANCES AND EXITS
A. No more than two combined entrances and exits shall be allowed any parcel of property, the
frontage of which is less than 200 feet on any one street. Additional entrances or exits for parcels
of property having a frontage in excess of 200 feet shall be permitted after showing of actual
requirements of convenience and necessity and upon approval of the Planning Board. Where
frontage is 50 feet or less, one only combined entrance -exit shall be permitted;
B. At street intersections, no curb cut shall be located within 25 feet of the intersection of two or
more curb lines or such lines extended, or within 15 feet of the intersection of two property lines,
right-of-way lines, or such lines extended, whichever is least restrictive;
5.6.2 MINIMUM SPACING
A. The distance between any two curb cuts on the same side of the street shall be not less than 15
feet. Said distance shall be measured between the two points of tangency of the curb return radii
and the established curb line of the abutting street;
B. All driveways shall be constructed so as to be at least five feet from any property line, except that
a curb return may become tangent to a curb line at a point where said property line extended
intersects said curb line; and
5.6.3 MINIMUM DRIVEWAY WIDTH
The minimum width of any one-way driveway shall be 12 feet and the maximum width shall be 30 feet.
The minimum width of any two-way driveway shall be 25 feet and the maximum width of any two-way
driveway shall be 36 feet measured at the right-of-way line.
5.6.4 PAVED APRON REQUIRED
Gravel driveways obtaining access from a paved public street shall incorporate a concrete apron across
the entire width of the driveway that extends inward into the lot at least five feet from the edge of the
pavement.
Chapter 154 - Zoning Code Page 137

ARTICLE 154.6 NONCONFORMITIES
TABLE OF CONTENTS
6.1 Nonconformities Generally.................................................................................... 140
6.1.1 Purpose and Intent........................................................................................................................ 140
6.1.2 Continuation, Minor Repairs, and Maintenance Allowed............................................................... 140
6.1.3 Change of Tenancy or Ownership................................................................................................. 140
6.2 Nonconforming Structures.................................................................................... 140
6.2.1 Nonconforming Structures with Conforming Uses......................................................................... 140
6.2.2 Reconstruction following Damage or Destruction.......................................................................... 140
6.2.3 Relocation......................................................................................................................................141
6.3 Nonconforming Uses............................................................................................. 141
6.3.1
Enlargement or Extension.............................................................................................................
141
6.3.2
Alteration of Structure Occupied by Nonconforming Uses............................................................
141
6.3.3
Restoration Following Damage......................................................................................................
141
6.3.4
Expiration.......................................................................................................................................
141
6.3.5
Relocation......................................................................................................................................141
6.3.6
Change in Use...............................................................................................................................
141
6.4 Nonconforming Lots of Record.............................................................................
143
6.4.1
Single -Family Construction Allowed On Some Lots......................................................................
143
6.4.2
Variance Required for Single -Family Construction on Some Lots ................................................
143
6.4.3
Lot Consolidation Required...........................................................................................................
143
Chapter 154 - Zoning Code Page 139

Section 6.1 Nonconformities Generally
6.1.1 PURPOSE AND INTENT
There are existing structures, uses of land, and lots of record that were lawfully established before the
effective date of this Ordinance or a subsequent amendment thereto, that now do not conform to
standards and requirements of this Ordinance. Such uses, structures, and lots are collectively referred to
as "nonconformities." The purpose and intent of this article is to allow nonconformities to continue to exist,
but to regulate and limit their continued existence and expansion so as to bring them into conformity to
the extent that is reasonably practicable.
6.1.2 CONTINUATION, MINOR REPAIRS, AND MAINTENANCE ALLOWED
A. CONTINUATION
Nonconformities are allowed to continue in accordance with the requirements of this article.
B. COMPLETION
Nonconforming projects incomplete as of January 22, 2019 shall only be completed in
accordance with this article and Section 1.8, Transitional Provisions.
C. MAINTENANCE ALLOWED
Nonconformities are allowed and encouraged to receive minor repairs and routine maintenance
that are necessary to maintain the nonconformity and its surroundings in a safe condition and to
protect against health hazards.
D. STRENGTHENING ALLOWED
Nothing in this Ordinance shall prevent the strengthening or restoration to a safe or lawful
condition of any part of any building or structure declared unsafe or unlawful by a duly authorized
Town official.
6.1.3 CHANGE OF TENANCY OR OWNERSHIP
No change of title or possession or right to possession of property involved with a nonconformity shall be
construed to prevent the continuance of such nonconformity.
6.2.1 NONCONFORMING STRUCTURES WITH CONFORMING USES
Nonconforming structures with conforming uses may be added to or enlarged, provided that the
enlargements comply with the yard, height, parking, loading, access and all other applicable requirements
of this Ordinance for the district in which such a structure is located.
6.2.2 RECONSTRUCTION FOLLOWING DAMAGE OR DESTRUCTION
A. CONDITIONS OF RECONSTRUCTION
1. Except as provided in Section 6.2.2B, Exemptions, nonconforming structures that are
damaged or destroyed by fire, explosion, flood, or other calamity, may be reconstructed and
shall comply with the yard, height, parking, loading, access and all other applicable provisions
of this Ordinance for the district in which such structure is located.
2. If the structure is situated on a nonconforming lot of record, the provisions of Section 6A.
Nonconforming Lots of Record, shall apply.
3. If nature of the damages would make it more feasible to rebuild in the previous location, the
Board of Adjustment is authorized to approve a variance to allow the reconstruction or
replacement.
Chapter 154 - Zoning Code Page 140

Section 6.3 Nonconforming Uses
B. EXEMPTIONS
1. Nonconforming residential structures or churches that are damaged or destroyed by fire,
explosion, flood, or other calamity, may be reconstructed in their original location and up to
their original size as a matter of right.
2. If the reconstructed nonconforming residential structure or church would exceed the original
size or is to be placed in a different location, the Board of Adjustment shall review the
application in accordance with Section 2.4.13, Variance.
6.2.3 RELOCATION
A nonconforming structure may not be moved off the lot or lots on which it is located unless, when
relocated, it complies with the regulations for the district in which it is located.
The lawful nonconforming use of a structure, land, or water existing as of January 22, 2019 may be continued in
accordance with the following standards:
6.3.1 ENLARGEMENT OR EXTENSION
A. The nonconforming use may be enlarged or extended, and additional structures may be added
to, provided that enlargements comply with the yard, height, parking, loading, access, and all
other applicable requirements of this Ordinance for the district in which such a structure is
located.
B. Existing cemeteries can expand to the boundaries of the property which they owned at the time
they became nonconforming, provided that required setbacks are met.
6.3.2 ALTERATION OF STRUCTURE OCCUPIED BY NONCONFORMING USES
A. Normal maintenance, repair and incidental alteration of a building occupied by a nonconforming
use is permitted.
B. A structure occupied by a nonconforming use may be changed to make the structure more in
character with the uses permitted in the district in which it is located.
6.3.3 RESTORATION FOLLOWING DAMAGE
A. If a nonconforming nonresidential use is damaged by fire, explosion, flood or other calamity to the
extent of more than 75 percent of its current assessed value, it shall not be restored, except in
compliance with the requirements of this Ordinance.
B. Nonconforming residential uses may be restored in accordance with the provisions of Section
6.2.2, Reconstruction following Damage or Destruction.
6.3.4 EXPIRATION
If a nonconforming use is discontinued or terminated for a period of more than 180 days, any future use
of the structure, land, or water shall comply with the provisions of this Ordinance.
6.3.5 RELOCATION
A nonconforming use may not be moved off the lot or lots on which it is located unless, when relocated, it
complies with the regulations for the district in which it is relocated.
6.3.6 CHANGE IN USE
The Board of Adjustment may permit, as a special use in accordance with Section 2.4.10, Special Use
Permit, change from one nonconforming use to another nonconforming use, provided that the BOA finds
that such new use is more restricted and provided the new use is more in character with the uses
permitted in the district. The following standards shall also apply:
Chapter 154 - Zoning Code Page 141

Section 6.3 Nonconforming Uses
A. In permitting the change, the Board of Adjustment may require appropriate conditions and
safeguards in accordance with the provisions of this Ordinance.
B. Once the Board of Adjustment has permitted the substitution of a new nonconforming use for an
existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use
and become subject to all the conditions required by this Ordinance.
C. If the structure occupied by a nonconforming use is changed so as to be more in character with
uses permitted in the district in which it is located, it shall not subsequently be changed to be less
in character.
Chapter 154 - Zoning Code Page 142

Section 6.4 Nonconforming Lots of Record
6.4.1 SINGLE-FAMILY CONSTRUCTION ALLOWED ON SOME LOTS
Where the owner of a lot of record on January 22, 2019, or his successor in title thereto does not own
sufficient land to enable conformance with the lot area or lot width requirements of the district where
located, such a lot may be used as a building site for a single-family residence, provided:
A. Residential uses are permitted in the district where the nonconforming lot is located;
B. The lot width and lot area are at least 75 percent of the required lot width and area requirements
for the district where located; and
C. The Franklin County Health Department approves any on -site water or wastewater facilities.
6.4.2 VARIANCE REQUIRED FOR SINGLE-FAMILY CONSTRUCTION ON SOME LOTS
A. In cases where the lot area and lot width of a nonconforming lot of record are less than 75
percent of the minimum specified for the district where located, the Board of Adjustment may
approve a variance allowing the lot to be used as a building site for a single-family residence,
provided:
1. Residential uses are permitted in the district where the nonconforming lot is located;
2. The dimensions of the variance conform as closely as possible to the required dimensions of
the district;
3. The Franklin County Health Department approves any on -site water or wastewater facilities.
B. If the pre-existing nonconforming lot is not in a district where single-family dwellings or
manufactured homes are permitted, the Board of Adjustment may issue a variance to allow a
permitted use.
6.4.3 LOT CONSOLIDATION REQUIRED
If two or more adjoining lots of record are in common ownership as of January 22, 2019 or at any time
after the adoption of this Ordinance, and the lots individually do not meet the minimum dimensional
requirements of this Ordinance for the district where the lots are located, then the group of lots shall be
recombined into a single lot or several lots that comply with the minimum permitted width and area for the
district in which they are located.
Chapter 154 - Zoning Code Page 143

ARTICLE 154.7 ENFORCEMENT
TABLE OF CONTENTS
7.1 Purpose...................................................................................................................146
7.2 Compliance Required............................................................................................. 146
7.3 Statute of Limitations............................................................................................. 146
7.4 Violations................................................................................................................ 146
7.4.1 Development without Authorization............................................................................................... 146
7.4.2 Development Inconsistent with Authorization................................................................................ 146
7.4.3 Violation by Act or Omission.......................................................................................................... 146
7.4.4 Use in Violation.............................................................................................................................. 146
7.4.5 Subdivide in Violation.................................................................................................................... 146
7.5 Responsible Persons............................................................................................. 146
7.5.1 General..........................................................................................................................................146
7.5.2 Failure by Town Does Not Relieve Individual................................................................................ 147
7.6 Enforcement Responsibilities............................................................................... 147
7.6.1 Investigations................................................................................................................................. 147
7.6.2 Inspections..................................................................................................................................... 147
7.6.3 Supporting Documentation............................................................................................................ 147
7.7 Enforcement Procedure......................................................................................... 148
7.7.1 Written Notice of Violation............................................................................................................. 148
7.7.2 Delivery of Written Notice.............................................................................................................. 148
7.7.3 Remedy upon Notice..................................................................................................................... 148
7.7.4 Failure to Comply With Order........................................................................................................ 148
7.7.5 Each Day a Separate Violation...................................................................................................... 148
7.8 Remedies................................................................................................................ 149
7.8.1
Civil Penalties................................................................................................................................
149
7.8.2
Denial of Permit or Certificate........................................................................................................
149
7.8.3
Conditional Permit or Temporary Certificate.................................................................................
149
7.8.4
Stop Work Orders..........................................................................................................................
149
7.8.5
Revocation of Permits....................................................................................................................
150
7.8.6
Criminal Penalties..........................................................................................................................
150
7.8.7
Injunctive Relief.............................................................................................................................
150
7.8.8
Order of Abatement.......................................................................................................................
150
7.8.9
Equitable Remedy.........................................................................................................................
150
7.8.10
State and Common Law Remedies...............................................................................................
151
7.8.11
Previous Enforcement...................................................................................................................
151
7.8.12
Remedies; Cumulative and Continuous........................................................................................
151
Chapter 154 - Zoning Code Page 145

Section 7.1 Purpose
This section establishes procedures through which the Town seeks to ensure compliance with the provisions of
this Ordinance and obtain corrections for Ordinance violations. It also sets forth the remedies and penalties that
apply to violations of this Ordinance. The provisions of this section are intended to encourage the voluntary
correction of violations, where possible.
Compliance with all the procedures, standards, and other provisions of this Ordinance is required by all persons
owning, developing, managing, using, or occupying land or structures in the Town.
Enforcement of violations of this Ordinance shall be in accordance with Section 1-49(3) and Section 1-51(5) of the
North Carolina General Statutes.
Any of the following shall be a violation of this Ordinance and shall be subject to the remedies and penalties
provided by this Ordinance and by State law:
7.4.1 DEVELOPMENT WITHOUT AUTHORIZATION
Engaging in any development, use, construction, land disturbance, or other activity of any nature upon
land or improvements thereon subject to the jurisdiction of this Ordinance without all required plans,
permits, certificates, or other forms of authorization as set forth in this Ordinance;
7.4.2 DEVELOPMENT INCONSISTENT WITH AUTHORIZATION
Engaging in any development, use, construction, land disturbance, or other activity of any nature in any
way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for
such activity;
7.4.3 VIOLATION BY ACT OR OMISSION
Violating, by act or omission, any term, variance, modification, adjustment, condition, or qualification
placed upon any required plan, permit, certificate, or other form of authorization for the development, use,
construction, land disturbance, or other activity upon land or improvements thereon;
7.4.4 USE IN VIOLATION
Erecting, constructing, altering, repairing, maintaining, or using any building or structure, or use of any
land in violation of this Ordinance or any regulation made under the authority conferred thereby; and
7.4.5 SUBDIVIDE IN VIOLATION
Subdividing land in violation of this Ordinance, or transferring land by reference to a plat or map showing
a subdivision of land before the plat or map has been properly approved under this Ordinance and
recorded in the office of the County Register of Deeds.
7.5 RESPONSIBLE PERSONS
7.5.1 GENERAL
The landowner, tenant, or other occupant of any land or structure and an architect, engineer, builder,
contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a
situation that constitutes a violation of this Ordinance may be held responsible for the violation and is
subject to the remedies and penalties set forth in this Ordinance.
Chapter 154 - Zoning Code Page 146

Section 7.6 Enforcement Responsibilities
7.5.2 FAILURE BY TOWN DOES NOT RELIEVE INDIVIDUAL
Failure of a Town official charged with enforcement responsibility to observe or recognize conditions
which violate the intent and purpose of this section of the Ordinance, or to deny the issuance of a
development permit, shall not relieve the landowner from responsibility for the condition or damages that
may result and shall not result in the Town, its officers, or agents being responsible for conditions or
damages.
7.6 ENFORCEMENT RESPONSIBILITIES
The Zoning Administrator shall have responsibility for enforcement of this Ordinance.
7.6.1 INVESTIGATIONS
As appropriate, the Zoning Administrator shall have the power to conduct such investigation as may be
deemed necessary to carry out their duties as prescribed in this Ordinance.
7.6.2 INSPECTIONS
A. As appropriate, the Zoning Administrator shall have the right, upon receipt of permission from a
responsible person, to enter on any premises within the jurisdiction at any reasonable hour for the
purpose of inspecting locations subject to any complaints or alleged violations, or determination
of compliance or other enforcement action of this Ordinance.
B. If any person charged with enforcing this Ordinance cannot obtain permission to enter from a
responsible person, the Town shall obtain an administrative search warrant prior to entering the
property.
7.6.3 SUPPORTING DOCUMENTATION
As appropriate, the Zoning Administrator shall have the power to compel a person responsible for an
alleged violation to provide written statements, certificates, certifications, or reports relating to complaints
or alleged violations of this Ordinance.
Chapter 154 - Zoning Code Page 147

Section 7.7 Enforcement Procedure
When the Zoning Administrator finds a violation of this Ordinance, he or she shall notify the responsible person(s)
of the violation in accordance with the following:
7.7.1 WRITTEN NOTICE OF VIOLATION
A written notice of violation shall be prepared and shall include all of following:
A. VIOLATION EXISTS
That the land, building, structure, sign, or use is in violation of this Ordinance;
B. NATURE OF THE VIOLATION
The nature of the violation, and citation of the section(s) of this Ordinance violated;
C. REMEDY
The measures necessary to remedy the violation;
D. ALLOWABLE TIME PERIOD
The time period in which the violation must be corrected;
E. PENALTIES THAT MAY BE ASSESSED
That penalties or remedies may be assessed; and
F. APPEAL
That the party cited has the right to appeal the notice in accordance with Section 2.4.3, Appeal.
7.7.2 DELIVERY OF WRITTEN NOTICE
Written notice of violation shall be provided to the landowner, occupant, or any other responsible person
by any of the following means:
A. Certified mail;
B. Registered mail to their last known address;
C. Personal service; or
D. Posting notice conspicuously on the property.
7.7.3 REMEDY UPON NOTICE
Upon delivery of a written notice of a violation, the landowner or any other responsible person shall
remedy the violation within the allowable time period.
7.7.4 FAILURE TO COMPLY WITH ORDER
If the landowner, occupant, or any other responsible person fails to comply with a notice of violation from
which no appeal has been taken, or a final decision by the BOA following an appeal, the landowner or
occupant shall be subject to such remedies and penalties as may be provided for by State law or Section
7.8, Remedies.
7.7.5 EACH DAY A SEPARATE VIOLATION
Each day a violation continues following notice or failure to comply is considered a separate and distinct
offense.
Chapter 154 - Zoning Code Page 148

Section 7.8 Remedies
7.8.1 CIVIL PENALTIES
A. GENERALLY
Any responsible person who violates any provision of this Ordinance shall be subject to the
assessment of a civil penalty of $100.00 per day under the procedures provided in Section 7.9,
Assessment of Civil Penalties.
B. WATERSHED PROTECTION PROVISIONS
Any responsible person who violates any provision of the watershed protection provisions of this
Ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished for each
offense by a fine not exceeding $500.00 or by imprisonment not to exceed 30 days. Each day a
violation continues shall be deemed a separate offense. In addition, a violation shall subject to
responsible person to a civil penalty in accordance with Section 160A-175 of the North Carolina
General Statutes, and this Ordinance.
7.8.2 DENIAL OF PERMIT OR CERTIFICATE
As appropriate, the Zoning Administrator may withhold or deny a permit, certificate, or other authorization
for the same land, subdivision, building, structure, sign, use, or development activity in which there is an
uncorrected violation of a provision of this Ordinance, or of a condition or qualification of a permit,
certificate, or other authorization previously granted.
7.8.3 CONDITIONAL PERMIT OR TEMPORARY CERTIFICATE
A. As appropriate, the Zoning Administrator may condition the authorization of any permit,
certificate, or other approval for land, subdivision, building, structure, sign, use, or development
activity with a violation or outstanding enforcement action upon the correction of the violation,
payment of civil penalties within a specified time, or the posting of a compliance security
approved by appropriate governmental authority.
B. In no instance shall the Zoning Administrator condition the authorization of any permit, certificate,
or approval for one property with a violation or outstanding enforcement action upon the
correction of the violation, payment of civil penalties within a specified time, or the posting of a
compliance security for a different property.
7.8.4 STOP WORK ORDERS
A. GENERAL
Whenever the Zoning Administrator determines that a person is engaged in doing work that
constitutes, creates, or results in a violation of this Ordinance and that irreparable injury will occur
if the violation is not terminated immediately, the Zoning Administrator may order the specific part
of the work that constitutes, creates, or results in a violation of this Ordinance to be immediately
stopped.
B. ORDER IN WRITING
The stop work order shall be in writing and directed to the landowner, and the occupant or person
doing the work. The stop work order shall state the specific work to be stopped, the specific
reasons for the stoppage, and the conditions under which the work may be resumed.
C. APPEAL
Any person aggrieved by the issuance of a stop work order may appeal the issuance of the order
to the Board of Adjustment in accordance with Section 2.4.3, Appeal. An appeal shall not stay
the stop work order unless the BOA fails to hear the appeal within 60 days of receipt of the notice
of appeal. If the BOA fails to hear the appeal within 60 days, the stop work order shall be stayed
until the BOA acts on the appeal.
Chapter 154 - Zoning Code Page 149

Section 7.8 Remedies
D. COMPLIANCE REQUIRED
Neither the responsible person nor a landowner upon whom a stop work order is served shall
continue with work in violation of the stop work order while it remains in effect, unless the order is
stayed in accordance with subsection (C) above.
7.8.5 REVOCATION OF PERMITS
A. As appropriate, the Zoning Administrator may revoke and require the return of a permit by
notifying the permit holder in writing, stating the reason for the revocation.
B. Permits or certificates may be revoked, in accordance with Section 160A-422 of the North
Carolina General Statutes, for any of the following:
1. Any substantial departure from the approved application, plans, or specifications;
2. Refusal or failure to comply with the requirements of State or local laws; or
3. For making false statements or misrepresentations in securing the permit, certificate, or
approval.
C. Any permit or certificate mistakenly issued in violation of an applicable State or Town law may
also be revoked.
7.8.6 CRIMINAL PENALTIES
Any violation of this Ordinance may be enforced as a Class 3 misdemeanor as provided for by Sections
14-4 and 160A-175 of the North Carolina General Statutes, subject to a maximum fine of $500.
7.8.7 INJUNCTIVE RELIEF
A. ACTION BY THE TOWN BOARD
Whenever the Town Board has reasonable cause to believe that any person is violating or
threatening to violate this Ordinance, or any rule or order adopted or issued pursuant to this
Ordinance, or any term, condition, or provision of an approved development plan, or soil erosion
and sedimentation control plan, it may, either before or after the institution of any other action or
proceeding authorized by this Ordinance, institute a civil action in the name of the Town, for
injunctive relief to restrain, correct, abate, mandate, or enjoin the violation or threatened violation.
B. SUPERIOR COURT
The action shall be brought in the Superior Court of the appropriate county. Upon determination
by a court that an alleged violation is occurring or is threatened, it shall enter such orders or
judgments as are necessary to abate the violation or to prevent the threatened violation.
C. NO RELIEF FROM CRIMINAL PENALTIES
The institution of an action for injunctive relief under this section shall not relieve any party to
such proceedings from any civil or criminal penalty prescribed for violations of this Ordinance.
7.8.8 ORDER OF ABATEMENT
In addition to an injunction, the Town may apply for and the court may enter an Order of Abatement as
part of the judgment in the case. An Order of Abatement may direct any of the following actions:
A. That buildings or other structures on the property be closed, demolished, or removed;
B. That fixtures, furniture, or other moveable property be moved or removed entirely;
C. That improvements, alterations, modifications, or repairs be made; or
D. That any other action be taken as necessary to bring the property into compliance with this
Ordinance.
7.8.9 EQUITABLE REMEDY
The Town may apply to a court of law for any appropriate equitable remedy to enforce the provisions of
this Ordinance. The fact that other remedies are provided under general law or this Ordinance shall not
be used by a violator as a defense to the Town's application for equitable relief.
Chapter 154 - Zoning Code Page 150

Section 7.8 Remedies
7.8.10 STATE AND COMMON LAW REMEDIES
In addition to other enforcement provisions contained in this section, the Town Board may exercise any
and all enforcement powers granted to it by state law or common law.
7.8.11 PREVIOUS ENFORCEMENT
Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions.
7.8.12 REMEDIES; CUMULATIVE AND CONTINUOUS
All such remedies provided herein shall be cumulative. To the extent that North Carolina law may limit the
availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy
shall remain available for other violations or other parts of the same violation.
Chapter 154 - Zoning Code Page 151

Section 7.9 Assessment of Civil Penalties
7.9.1 RESPONSIBLE PARTIES
Any person who violates any provision of this Ordinance, including the owner or occupant of any land, building,
structure, sign, use of land, or part thereof, may be held responsible for the violation and subject to the penalties
and remedies provided in this Ordinance.
7.9.2 NOTICE
A. NOTIFICATION REQUIRED
Civil penalties may not be assessed until the responsible person in violation has been notified in
accordance with Section 7.7, Enforcement Procedure.
B. CIVIL PENALTY IMPOSED
If after receiving a written notice of violation under Section 7.7, Enforcement Procedure, the
person fails to take corrective action or file an appeal, a civil penalty may be imposed in
accordance with this section.
C. NOTICE OF PENALTY ASSESSMENT
Notice of the civil penalty assessment shall be served in the same manner as a notice of
violation.
D. ASSESSMENT CONTENTS
The assessment notice shall state the nature of the violation, the civil penalty to be imposed upon
the violator, and shall direct the violator to pay the civil penalty within 30 days of the date of the
notice.
E. SEPARATE NOTICES
Separate notices must be provided for the first or second violations. The Town may, in its
discretion, treat the first notice for a violation as the final notice for chronic violators.
F. ASSESSMENT UNTIL COMPLIANCE
Civil penalties may be assessed until compliance is achieved.
7.9.3 CONTINUING VIOLATION
For each day the violation is not corrected, the violator will be guilty of an additional and separate offense
and subject to additional civil penalty.
7.9.4 DEMAND FOR PAYMENT
If compliance is not achieved, then the Zoning Administrator shall make written demand for payment of
penalties that have accrued while the property has been in violation. The demand for payment shall be
sent to the responsible person in violation and must include a description of the violation for which the
civil penalties have been imposed.
7.9.5 NONPAYMENT
If payment is not received or equitable settlement reached within 30 days after demand for payment is
made, the Town may recover any unpaid civil penalty by filing a civil action in the nature of debt.
7.9.6 PENALTIES
Any person who violates any provision of this Ordinance shall be subject to assessment of a civil penalty
for each succeeding violation over the course of a calendar year.
Chapter 154 - Zoning Code Page 152

Table of Contents
ARTICLE 154.8 DEFINITIONS
TABLE OF CONTENTS
8.1 General Rules for Interpretation............................................................................ 154
8.1.1
Meanings and Intent......................................................................................................................
154
8.1.2
Headings, Illustrations, and Text...................................................................................................
154
8.1.3
Lists and Examples........................................................................................................................
154
8.1.4
Computation of Time.....................................................................................................................
154
8.1.5
Time -Related Language................................................................................................................
154
8.1.6
References to This Ordinance.......................................................................................................
155
8.1.7
References to Other Regulations or Publications.........................................................................
155
8.1.8
References to North Carolina General Statutes............................................................................
155
8.1.9
Delegation of Authority..................................................................................................................
155
8.1.10
Joint Authority................................................................................................................................
155
8.1.11
Technical and Non -Technical Terms.............................................................................................
155
8.1.12
Public Officials and Agencies........................................................................................................
155
8.1.13
Mandatory and Discretionary Terms.............................................................................................
155
8.1.14
Conjunctions..................................................................................................................................
155
8.1.15
Tenses, Plurals, and Gender of Words.........................................................................................
155
8.1.16
Oath...............................................................................................................................................
156
8.1.17
Term not Defined...........................................................................................................................
156
8.2 Definitions...............................................................................................................157
Chapter 154 - Zoning Code Page 153

Section 8.1 General Rules for Interpretation
The following rules shall apply for construing or interpreting the terms and provisions of this Ordinance.
8.1.1 MEANINGS AND INTENT
A. All provisions, terms, phrases, and expressions contained in this Ordinance shall be interpreted in
accordance with the general purposes set forth in Section 1.7, General Purpose and Intent, and
the specific purpose statements set forth throughout this Ordinance.
B. When a specific section of these regulations gives a different meaning than the general definition
provided in Section 8.2, Definitions, the specific section's meaning and application of the term
shall control.
C. Terms that are not defined are subject to their common or customary meaning.
8.1.2 HEADINGS, ILLUSTRATIONS, AND TEXT
A. In the event of a conflict or inconsistency between the text of this Ordinance and any heading,
caption, figure, illustration, table, or map, the text shall control.
B. Graphics and other illustrations are provided for informational purposes only and should not be
relied upon as a complete and accurate description of all applicable regulations or requirements.
8.1.3 LISTS AND EXAMPLES
Unless otherwise specifically indicated, lists of items or examples that use terms like "for example,"
"including," and "such as," or similar language are intended to provide examples and are not exhaustive
lists of all possibilities.
8.1.4 COMPUTATION OF TIME
The time in which an act is to be done shall be computed by excluding the first day and including the last
day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the
Town, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or
holiday observed by the Town.
8.1.5 TIME -RELATED LANGUAGE
A. TIME STANDARD
Whenever certain hours are named, they shall mean standard time or daylight savings time as
may be in current use by the Town.
B. DAY
The term "day" means a calendar day, or any day during a week, including business days and
weekend days.
C. HOLIDAY
The term "holiday" means a legal holiday recognized by the Town.
D. WEEK
The term "week" means five business days and two weekend days. Weeks commence on a
Monday.
E. MONTH
The term "month" means a calendar month.
F. YEAR
The term "year" means a calendar year.
Chapter 154 - Zoning Code Page 154

Section 8.1 General Rules for Interpretation
G. TEMPORARY
The term "temporary" shall mean a condition lasting for only a limited period of time; not
permanent.
8.1.6 REFERENCES TO THIS ORDINANCE
A reference to a section, subsection, or paragraph means a section, subsection, or paragraph of this
Ordinance, unless otherwise specified.
8.1.7 REFERENCES TO OTHER REGULATIONS OR PUBLICATIONS
Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be
construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute,
regulation, or document, unless otherwise specifically stated.
8.1.8 REFERENCES TO NORTH CAROLINA GENERAL STATUTES
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, this Ordinance shall be deemed amended to
refer to the amended section.
8.1.9 DELEGATION OF AUTHORITY
Whenever a provision of this Ordinance requires or authorizes an officer or employee of the Town to do
some act or perform some duty, the officer or employee may designate, delegate, and authorize
subordinates to perform the act or duty unless the terms of the provision specifically provide otherwise.
8.1.10 JOINT AUTHORITY
All words giving a joint authority to three or more persons or officers shall be construed as giving such
authority to a majority of such persons or officers.
8.1.11 TECHNICAL AND NON -TECHNICAL TERMS
Words and phrases shall be construed according to the common and approved usage of the language,
but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall
be construed and understood according to such meaning.
8.1.12 PUBLIC OFFICIALS AND AGENCIES
All public officials, bodies, and agencies to which references are made are those of the Town of
Franklinton, unless otherwise indicated.
8.1.13 MANDATORY AND DISCRETIONARY TERMS
The words "shall," "must," and "will' are mandatory in nature, establishing an obligation or duty to comply
with the particular provision. The words "may," "can," and "should" are permissive in nature.
8.1.14 CONJUNCTIONS
Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
A. "And" indicates that all connected items, conditions, provisions or events apply.
B. "Or" indicates that one or more of the connected items, conditions, provisions, or events apply.
8.1.15 TENSES, PLURALS, AND GENDER OF WORDS
A. TENSE
Words used in the past or present tense include the future tense as well as the past and present.
Updated:Town of Franklinton, NC Last
Chapter 154 - Zoning Code Page 155

Section 8.1 General Rules for Interpretation
B. NUMBER
Words used in the singular number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly indicates otherwise.
C. GENDER
Words used in the masculine gender include the feminine gender and the neuter, and vice versa.
8.1.16 OATH
The term "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation
may be substituted for an oath, and in like cases the terms "swear" and "sworn" shall be equivalent to the
terms "affirm" and "affirmed."
8.1.17 TERM NOT DEFINED
If a term used in any Ordinance of this Ordinance is not defined, the Zoning Administrator is authorized to
interpret the term in accordance with Section 2.4.5, Interpretation, based upon the definitions used in
professionally accepted sources.
Chapter 154 - Zoning Code Page 156

Section 8.2 Definitions
For the purpose of this Ordinance, the following definitions shall apply unless the context clearly indicates or
requires a different meaning:
0
ABUTTING
Directly touching another piece of property.
ACCESSORY BUILDING,
A building, structure or use on the same lot with, or of a nature customarily
incidental or subordinate to, and of a character related to the principal use of
STRUCTURE, OR USE
the structure.
ACRES
See Land Area.
ADOPTED POLICY
The combined future land -use policy guidance provided by the adopted Land
Use Plan, area plans prepared for specific parts of the Town, and system
GUIDANCE
plans related to the Town's infrastructure systems, like streets.
AGRICULTURAL USE
As used in Section 3.4.6, Watershed Overlay District, agricultural use means
use of waters for the stock watering, irrigation, and other farm purposes.
Uses characterized by general active and on -going agricultural activities,
including agronomy, aquaculture, biotechnical agriculture (including
AGRICULTURE/
education parks for biotechnical agriculture or a demonstration farm),
forestry, fisheries, apiculture, and similar uses. Agriculture does not include
HORTICULTURE
preparatory functions such as grading or creation of planting beds through
stockpiling of dirt or other means when such preparations do not result in an
active and on -going agricultural activity within 30 days.
A strip of land, owned publicly or privately, set aside primarily for vehicular
ALLEY
service access to the back or side of properties otherwise abutting on a
street.
A facility for the provision of medical services and treatment to animals,
including veterinary services, animal hospitals, and the boarding of animals
ANIMAL CARE
related to the provision of these services. Examples include animal shelters,
kennels, grooming facilities, animal hospitals, veterinary offices, and
veterinary clinics.
The active and on -going propagation, rearing, exercising, feeding, milking,
ANIMAL HUSBANDRY
housing, controlling, handling, or general care of living animals, including the
raising and production of cattle (beef and dairy), pigs, mules, ducks, emus,
horses, goats, llama, poultry, sheep, and similar animal husbandry uses.
ANIMAL UNIT
A unit of measurement developed by the U.S. Environmental Protection
Agency that is used to compare different types of animal operations.
As used in Section 3.4.6, Watershed Overlay District, best management
BEST MANAGEMENT practices means management based practices used singularly or in
PRACTICES (BMP) combination to reduce nonpoint source inputs to receiving waters in order to
achieve water quality protection goals.
Any member of the Town Board, Board of Adjustment, Planning Board or
BOARD MEMBER other development review body, including absent members and abstentions,
but excluding vacant seats and members recused from voting due to
conflicts of interests for which there are no qualified alternates.
BOARD OF ADJUSTMENT The Board of Adjustment of the Town, established by this Ordinance.
Chapter 154 - Zoning Code Page 157

Section 8.2 Definitions
BOARD OF
The Board of the Commissioners of the Town of Franklinton.
COMMISSIONERS
BONA FIDE FARM
A bona fide farm shall be as defined in Section 153A-340 of the North
Carolina General Statutes, as amended.
As used in Section 3.4.6, Watershed Overlay District, buffer means area of
natural or planted vegetation through which storm water runoff flows in a
BUFFER
diffuse manner so that the runoff does not become channeled, 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 and rivers.
Any structure having a roof supported by columns or by walls, and intended
for shelter, housing or enclosure of persons, animals or chattels.
As used in Section 3.4.6, Watershed Overlay District, building means any
BUILDING
structure having a roof supported by columns or by walls, and intended for
shelter, housing or enclosure for persons, animals, or property. The
connection of two buildings by means of an open porch, breezeway,
passageway, carport or other such open structure, with or without a roof,
shall not be deemed to make them one building.
The vertical distance measured from the average grade to the highest point
BUILDING, HEIGHT OF
of the coping of a flat roof; to the deck line of a mansard roof; or to the height
level between the eaves and ridge of a gable, hip or gambrel roof.
As used in Section 3.4.6, Watershed Overlay District, built -upon area shall
include that portion of a development project that is covered by impervious or
BUILT -UPON AREA
partially impervious cover including buildings, pavement, graveled roads,
recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and
the water area of a swimming pool are considered pervious.)
C
CERTIORI
A situation where an appellant may file an appeal of a decision directly to a
higher court of law.
A building and related facilities owned and operated by a corporation,
association, or group of individuals established for fraternal, social,
CLUB OR LODGE
educational, recreational, or cultural enrichment of its members and primarily
not for profit, and whose members meet certain prescribed qualifications for
membership and pay dues.
As used in Section 3.4.6, Watershed Overlay District, cluster development
means the grouping of buildings in order to conserve land resources and
CLUSTER DEVELOPMENT
provide for innovation in the design of the project. This term includes non-
residential development as well as single-family residential and multi -family
developments. For the purpose of this section, planned unit development
and mixed -use development are considered as a cluster development.
COMMUNITY CENTER
A public building to be used as a place of meeting, recreation, or social
activity and not operated for profit.
As used in Section 3.4.6, Watershed Overlay District, a composting facility is
COMPOSTING FACILITY
a facility in which only stumps, limbs, leaves, grass and untreated wood
collected from land clearing and landscaping operations is deposited.
Chapter 154 - Zoning Code Page 158

Section 8.2 Definitions
The comprehensive plan, land use plan, small area plans, neighborhood
COMPREHENSIVE PLAN
plans, transportation plan, capital improvement plan, official map, and any
other plans regarding land use and development that have been officially
adopted by the Town Board.
CONVENIENCE CENTER
A facility for the purposes of collection of trash and waste for relocation to a
sorting facility or permanent long term storage location.
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
CRITICAL AREA
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). Since WS-1
watersheds are essentially undeveloped, establishment of critical area is not
required. 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.
Establishments such as zoological gardens, conservatories, planetariums, or
other similar uses of an historic, educational, or cultural interest, which are
CULTURAL FACILITY
not operated for profit.
For distinctions between Major and Minor Cultural Facility uses, See Table
4.2.5, Use Categories in the Institutional Use Classification.
As used in Section 3.4.6, Watershed Overlay District, customary home
occupations are uses conducted entirely within a dwelling and carried on by
the occupants thereof, which use is clearly incidental and secondary to the
use of the dwelling for residential purposes and does not change the
CUSTOMARY HOME
character thereof. Provided further that no mechanical equipment is installed
OCCUPATIONS
or used except as is normally used for domestic or professional purposes,
and that is not over 25 percent of the total floor space of any structure is
used for the occupation. No home occupation shall be conducted in any
accessory building except for the storage and service of a vehicle that is
driven off site, such as a repair truck, delivery truck, etc.
9
A facility, other than an occupied dwelling, that provides for the care of more
than 5 preschool age, or a combination of preschool and school age children
DAY CARE CENTER
under 13 years of age totaling nine or more, or nine or more adults, who do
not reside in the facility, at least once per week for at least four hours, but
less than 24 hours per day.
A person, including a governmental agency or redevelopment authority,
DEVELOPER
which intends to undertake any development and who, has a legal or
equitable interest in the property to be developed.
Any land disturbing activity, which adds to or changes the amount of
DEVELOPMENT
impervious or partially impervious cover on a land area or which otherwise
decreases the infiltration of precipitation into the soil.
As used in Section 3.4.6, Watershed Overlay District, discharging landfill
DISCHARGING LANDFILL
means a facility with liners, monitoring equipment and other measures to
detect and/or prevent lechate from entering the environment and in which the
lechate is treated on site and discharged to a receiving stream.
Chapter 154 - Zoning Code Page 159

Section 8.2 Definitions
A building or portion thereof designed, arranged, and/or used for the living
quarters for one or more persons living as a single family, with cooking
facilities, excluding units in rooming, boarding and tourist houses, family or
group care homes, or hotels or motels or other buildings designed for
DWELLING UNIT
transient residence.
As used in Section 3.4.6, Watershed Overlay District, dwelling unit means a
building, or portion thereof providing complete and permanent living facilities
for one family.
DWELLING, MULTI-
A building arranged to be occupied by more than two families, the building
having more than two dwelling units, but excluding mobile homes and
FAMILY
townhouses.
A dwelling containing one dwelling unit that is occupied by one family and
DWELLING, SINGLE-
that is not physically attached to any other principal structure on an individual
lot. For regulatory purposes, this term does not include manufactured
FAMILY DETACHED
dwellings, recreational vehicles, or other forms of temporary or portable
housing.
DWELLING, THREE- OR
A type of residential structure that includes three or four individual dwelling
units located on one lot or configured so that each unit is on its own
FOUR -FAMILY
individual lot.
A single structure comprised of two dwelling units that share common
DWELLING, TWO-FAMILY
vertical walls or horizontal floors/ceilings. Both dwelling units are on the
same lot.
DWELLING, UPPER
See Upper -floor residential.
FLOOR RESIDENTIAL
E
A use associated with the keeping of horses or ponies as domesticated
EQUESTRIAN FACILITY animals or pets. Such uses include stalls, feeding areas, paddocks, haylofts,
corrals, and other similar outdoor exercise/instruction/performance areas.
As used in Section 3.4.6, Watershed Overlay District, existing development
means those projects that re -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 section based on at least one of the following criteria:
EXISTING DEVELOPMENT (1) Substantial, expenditure 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).
F
Chapter 154 - Zoning Code Page 160

Section 8.2 Definitions
One or more persons related by blood, adoption or marriage, living together
as a single housekeeping unit, exclusive of household servants. A number
of persons not exceeding five, living together as a single housekeeping unit,
though not related by blood, adoption or marriage shall be deemed to
constitute a family, as shall a foster care home approved by the state.
FAMILY
As used in Section 3.4.6, Watershed Overlay District, family means one or
more persons occupying a single dwelling unit, provided that unless all
members are related by blood or marriage or adoption, no such family shall
contain over five persons.
An establishment, as defined in G.S.§168-21, with support and supervisory
personnel that provides room and board, personal care, and rehabilitation
services in a family environment for not more than six residents who are
handicapped. Handicapped person means a person with a temporary or
permanent physical, emotional, or mental disability including, but not limited
to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight
impairments but not including mentally ill persons who are dangerous to
FAMILY CARE HOME
others. Dangerous to others means that within the recent past, the individual
has inflicted or attempted to inflict or threatened to inflict serious bodily harm
on another, or has acted in such a way as to create a substantial risk of
serious bodily harm to another, or has engaged in extreme destruction of
property; and that there is reasonable probability that this conduct will be
repeated. Previous episodes of dangerousness to others, when applicable,
may be considered when determining reasonable probability of future
dangerous conduct.
FARM MACHINERY,
An establishment for the sale, rental, and/or service of equipment normally or
SALES, RENTAL, OR
routinely used on farms and in gardens, and related parts, tools and
SERVICE
accessories, but not non -farm equipment or materials.
FEED AND GRAIN SALES
The sale or commercial storage of grain, animal feed or fodder, or seeds.
Examples include retail animal feed sales, commercial grain elevators and
AND STORAGE
grain storage facilities.
The number of square feet of total floor area bounded by the exterior faces
of a structure, plus the number of square feet of unenclosed space devoted
FLOOR AREA, GROSS
to the conduct of the use, excluding basements and unenclosed porches,
balconies and terraces, unless used in conjunction with the use, such as for
outdoor eating, merchandising, storage, assembly or similar uses, and
excluding off-street parking and loading areas.
FRANKLINTON BOARD
See Board of Commissioners.
OF COMMISSIONERS
FRANKLINTON ZONING
See Zoning Map
MAP
�c
Chapter 154 - Zoning Code Page 161

Section 8.2 Definitions
Establishments engaged in the repair or servicing of agriculture, industrial,
business, or consumer machinery, equipment, products, or by-products.
Firms that provide these services do so by mainly providing centralized
services for separate retail outlets. Contractors and building maintenance
GENERAL INDUSTRIAL
services and similar uses perform services off -site. Few customers,
SERVICE
especially the general public, come to the site. Accessory activities may
include retail sales, offices, parking, and storage.
For distinctions between Major and Minor General Industrial Service uses,
See Table 4.2.7, Use Categories in the Industrial Use Classification.
A tract of land laid out with at least nine holes for playing the game of golf
and improved with tees, greens, fairways, and hazards. A golf course, public
GOLF COURSE
or private, may include a clubhouse (with or without eating facilities),
shelters, a driving range, putting green, maintenance facilities, an irrigation
system, and outdoor storage of materials and equipment.
GOVERNING BODY
See Board of Commissioners.
A facility that provides for the general operations and functions of local, state,
or federal governments. Examples include government operations or
GOVERNMENTAL
maintenance facilities, school administration offices, and government offices.
FACILITY
Accessory uses may include offices, maintenance, storage (indoor and
outdoor), fueling facilities, auditoriums, communications equipment, and
parking areas.
H
Any substance listed as such in: SARA Section 302, Extremely Hazardous
HAZARDOUS MATERIAL
Substances, CERCLA Hazardous Substances, or Section 311 or CWA (oil
and hazardous substances).
An accessory use of a dwelling unit for gainful employment, which is clearly
incidental and subordinate to the use of the dwelling unit as a residence and
HOME OCCUPATION
is carried on solely within the dwelling and does not alter or change the
exterior character or appearances of the dwelling or grounds and is located
in a residential district. The term home occupation shall not be deemed to
include a tourist home. (Amended 10-19-04)
An institution specializing in giving clinical, temporary, and emergency
services of a medical or surgical nature to human patients and injured
persons, that is licensed by state law to provide facilities and services in
HOSPITAL
surgery, obstetrics, or general medical practice. Such institutions may
include in -patient medical or surgical care for the sick or injured and related
facilities such as laboratories, out -patient departments, training facilities,
central services facilities, and staff offices that are an integral part of the
facilities.
As used in Section 3.4.6, Watershed Overlay District, industrial development
means a non-residential development that requires an National Pollutant
INDUSTRIAL
Discharge Elimination System NPDES permit for an industrial discharge
DEVELOPMENT
and/or requires the use of or storage of any hazardous material for the
purpose of manufacturing, assembling, finishing, cleaning or developing any
product or commodity.
Chapter 154 - Zoning Code Page 162

Section 8.2 Definitions
J
The use of more than 600 square feet of any lot or tract for the outdoor
JUNK YARD storage and/or sale of waste paper, rags, scrap metal or other junk, including
the storage of automobiles or other vehicles, or dismantling of such vehicles
or machinery or parts thereof.
K
L
Land area with streets, right-of-ways and driveways which serve as access
LAND AREA
to more than two units or uses, and major transmission line easements not
included in its measurement.
As used in Section 3.4.6, Watershed Overlay District, landfill means a facility
LANDFILL
for the disposal of solid waste on land in a sanitary manner in accordance
with § G.S. 130A, Art. 9. For the purpose of this section this term does not
include composting facilities.
An institutional facility that provides services for elderly people, including a
wide range of services for aging or disabled residents, including room and
board, housekeeping, personal care, medical care, and end -of -life care.
LIFE CARE INSTITUTION
Such uses may include a spectrum of housing options from independent
living to assisted living to dependent living for residents. Accessory uses may
include common dining facilities, laundries, transportation, recreation, and
on -site retail or personal services intended solely for residents, their guests,
or employees.
A completely off-street space or berth on the same lot for the loading or
LOADING AREA
unloading of freight carriers with ingress and egress to a public street or
alley.
LODGE
See Club or Lodge.
A single lot of record, or more than one contiguous lot of record in the same
ownership, which lot or lots of record are not divided by any street or public
alley, and excluding any part of a lot or lots of record which, when severed
from contiguous land in the same ownership, creates a nonconformity or a
lot or parcel which does not meet the dimensional requirements of this
LOT
Ordinance.
As used in Section 3.4.6, Watershed Overlay District, lot means a parcel of
land occupied or capable of being occupied by a building or group of
buildings devoted to a common use, together with the customary
accessories and open spaces belonging to the same.
LOT COVERAGE,
The maximum percent of the lot, which may be covered with structures. All
MAXIMUM IN PERCENT
yard requirements must be met in addition to lot coverage requirements.
The distance between the midpoints of straight lines connecting the foremost
points of the side lot lines in front and the rearmost points of said lot lines in
LOT DEPTH
the rear. On lots having an access strip extending from the front of the main
portion of the, the foremost points of the side lot lines shall be measured at
the place where the access strip joins the main portion of the lot.
Chapter 154 - Zoning Code Page 163

Section 8.2 Definitions
A lot, which is part of a subdivision recorded in the office of the Register of
LOT OF RECORD Deeds of Franklin County, or a lot described by metes, and bounds, the
description of which has been so recorded.
The distance between straight lines connecting front and rear lot lines at
each side of the lot measured across the rear of the required front yard;
provided however, that width between side lot lines at their foremost points
LOT WIDTH (where they intersect the right -of- way line, or for lots having an access strip
extending from the front of the main portion of the lot, at the place where the
access strip joins the main portion of the lot) shall not be less than 80
percent of the required lot width, except in the case of the turning circle of
cul-de-sacs where the 80 percent requirement shall not apply.
A lot which occupies the interior angle at the intersection of two or more
right-of-way lines. A lot abutting on the right-of-way of a curved street or
LOT CORNER 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
the interior angle of less than 135°.
Ail
A structure, transportable in one or more sections, which is built on a
MANUFACTURED HOME
permanent chassis and designed to be used with or without a permanent
"manufactured
foundation when connected to the required utilities. The term
home" does not include a "recreational vehicle".
A use comprised of two or more manufactured homes where one or more
MANUFACTURED HOME
homes are located on leaseholds, not individual lots. Manufactured home
PARK
parks may include shared laundry, recreation, and solid waste collection
facilities.
MANUFACTURED HOME,
A manufactured home or mobile home of 18 feet in width or less.
SINGLE WIDE
MANUFACTURED HOME,
A manufactured home wider than 18 feet at its narrowest point.
DOUBLE WIDE
MANUFACTURING
An establishment involved in the manufacturing, processing, fabrication,
packaging, or assembly of raw materials, or partially finished goods.
MAP
See Zoning Map
A facility or office where patients are admitted for examination and treatment
MEDICAL OFFICE
by one or more physicians, dentists, opticians, psychiatrists, or psychologists
for outpatient care only.
A mixed -use development is a planned, unified development of at least
twenty (20) contiguous acres in commercial and industrial zoning districts,
MIXED USE
approved as a special use by the Board of Commissioners. The objectives of
the mixed use development are to promote economic base uses, facilitate
DEVELOPMENT
the more economic arrangement of buildings, provide a mixture of industrial
and commercial retail establishments along major thoroughfares, and
provide community -wide public services and amenities.
A dwelling unit that is not constructed in accordance with the standards of
the North Carolina Uniform Residential Building Code for One- and Two -
Family Dwellings, and is composed of one or more components, each of
MOBILE HOME
which was substantially assembled in a manufacturing plant and designed to
be transported to the home site on its own chassis. A dwelling meeting the
above definition shall be considered a mobile home, even if placed on a
permanent foundation.
Chapter 154 - Zoning Code Page 164

Section 8.2 Definitions
Any plot of ground upon which two or more mobile homes occupied for
MOBILE HOME PARK dwelling or sleeping purposes, are located, regardless of whether or not a
charge is made for such accommodations.
MOBILE HOME A subdivision designed or intended primarily for sale of lots for residential
SUBDIVISION occupancy by mobile homes.
Z
NET ACREAGE
See Land Area.
NON -CONFORMING LOT
A lot described by a plat or a deed that was recorded prior to the effective
date of this Ordinance that does not meet the minimum lot size or other
OF RECORD
development requirements of the statewide watershed protection rules.
NON-RESIDENTIAL
As used in Section 3.4.6, Watershed Overlay District, non-residential
development means all development other than residential development,
DEVELOPMENT
agriculture and silviculture.
The growing, storage, storage, and sale of garden plants, shrubs, trees,
vines, groundcovers, and other related landscaping materials for resale,
typically occurring as wholesale or retail sales directly to landscaping
NURSERY, PRODUCTION
professionals. Such uses may include limited incidental retail sales to
members of the general public. Such uses may include greenhouses;
outdoor storage of goods, materials, and equipment; irrigation systems; and
caretaker's dwelling.
N
0Ij
A room, or group of rooms used for conducting the affairs of a business or
professional service provider. Examples include financial services, real
OFFICE estate sales offices, and the offices of accountants, engineers, lawyers, and
similar professions. Doctor's offices or other medical offices are not
considered offices, but are categorized under the Medical Offices use.
0
Public or private spaces which provide for active forms of recreation,
including athletic fields, playgrounds, swimming pools, courts, tracks, and/or
PARKS, PLAYGROUNDS,
passive forms of recreation, including walking trails, pathways, gazebos,
picnic areas, fountains and pools, plazas, and similar areas. Such areas
& RECREATION AREAS
may also include undisturbed natural vegetation. These uses are typically
served by parking facilities, spectator areas, restroom facilities, and exterior
lighting where appropriate.
An establishment engaged in loaning money upon deposit of personal
PAWN SHOP
property. Such uses also store personal property on site and sell retail
goods.
PERENNIAL STREAM
A stream that has continuous flow in parts of its stream bed all year round
during years of normal rainfall.
PERSON
A firm, association, organization, partnership, corporation, trust and
company, as well as an individual.
Chapter 154 - Zoning Code Page 165

Section 8.2 Definitions
An establishment primarily engaged in the provision of frequent or recurrent
needed services of a personal nature. Examples include; laundry and dry-
cleaning drop-off establishments; photographic studios; mailing or packing
PERSONAL SERVICE
service, photocopy and blueprint services; hair, tanning, and personal care
ESTABLISHMENT
services; psychics and mediums; martial arts schools; dance or music
classes.
For distinctions between Major and Minor Personal Service Establishment
uses, See Table 4.2.6, Use Categories in the Commercial Use Classification.
PLANNED
An area of land under unified ownership or control to be developed and
improved as a single entity under a Planned Development District in
DEVELOPMENT
accordance with this Ordinance.
PLANNING BOARD
The Planning Board of the Town of Franklinton.
PLAT
A map or plan of a parcel of land which is to be, or has been subdivided.
PLAYGROUND
See Parks, playgrounds & recreation areas.
PORTABLE
Easily moved on wheels or skids; easily moved by hand.
PRINCIPAL BUILDING,
The main use of a lot or the building or structure in or on which the main use
USE OR STRUCTURE
of the lot takes place.
Area adjoining and upstream of the critical area of WS-IV watersheds. The
boundaries of protected areas are defined as five miles upstream and
PROTECTED AREA (PA)
draining to water supply reservoir, or to the ridge line of the watershed,
whichever comes first; or within ten miles of and draining to a water intake
located in a stream or river, or the ridgeline of the watershed, whichever
comes first.
A facility that provides public safety services to the general public. Examples
include fire stations, police stations, EMS stations, and governmental training
PUBLIC SAFETY
facilities such as a fire training facility. Accessory uses may include offices,
teaching rooms, meeting areas, food preparation and consumption areas,
sleeping quarters, communications equipment, storage, parking, and
maintenance facilities.
F
R
A commercial use that is typically indoors and that provides recreational,
amusement, and entertainment opportunities. Examples include billiards,
bingo, bowling, fortune tellers,
RECREATION AND sweepstakes, skating rinks, miniature golf, movie theaters, coin -operated
ENTERTAINMENT games, and shooting ranges.
For distinctions between Major and Minor Recreation and Entertainment
uses, see Table 4.2.6, Use Categories in the Commercial Use Classification.
RECREATION AREA See Parks, playgrounds & recreation areas.
Chapter 154 - Zoning Code Page 166

Section 8.2 Definitions
A structure or place in which worship, ceremonies, rituals, and education are
held, together with its accessory buildings and uses (including buildings used
for educational and recreational activities), operated, maintained, and
RELIGIOUS FACILITY
controlled under the direction of a religious group. Religious institutions
include churches, mosques, synagogues, and temples. Accessory uses may
include school facilities, parking, caretaker's housing, pastor's housing, and
group living facilities such as convents.
As used in Section 3.4.6, Watershed Overlay District, residential
RESIDENTIAL
development means building for residence such as attached and detached
single-family dwellings, apartment complexes, condominiums, townhouses,
DEVELOPMENT
cottages, etc. and their associated outbuilding, gazebos, etc. and customary
home occupations.
An establishment that prepares and sells food and beverages for immediate
or direct on- or off -premise consumption.
RESTAURANT
For distinctions between Major and Minor Restaurant uses, see Table 4.2.6,
Use Categories in the Commercial Use Classification.
Commercial enterprises that provide goods and/or services directly to the
consumer, where such goods are available for immediate purchase and
removal from the premises by the purchaser. Examples include stores
selling, leasing, or renting consumer, home, and business goods such as art,
art supplies, bicycles, cameras, clothing, dry goods, electronic equipment,
RETAIL SALES
fabric, furniture, garden supplies, gifts, groceries and food sales, hardware,
home improvements, household products, jewelry, pets, pet food,
pharmaceuticals, plants, printed material, stationary, and videos.
For distinctions between Major and Minor Retail Sales uses, see Table 4.2.6,
Use Categories in the Commercial Use Classification.
RIGHT-OF-WAY, STREET
A strip of land, owned publicly or privately, which affords the principal means
of access to abutting property.
ROAD
See Street.
A retail establishment located beside a major arterial or collector street
ROADSIDE MARKET
engaged in the retail sale or resale of agricultural products and seafood by
one or more vendors.
The top edge of the roof or the top edge of the parapet, whichever forms the
ROOF LINE
top line of the building silhouette, but not including penthouse or equipment
structures.
S
A public or private school offering general, technical, or alternative instruction
at the elementary, middle, and/or high school levels that operates in
buildings or structures or on premises on land leased or owned by the
educational institution for administrative purposes. Such uses include
classrooms, vocational training (including that of an industrial nature for
SCHOOL instructional purposes only), laboratories, auditoriums, libraries, cafeterias,
after school care, athletic facilities, dormitories, and other facilities that
further the educational mission of the institution.
For distinctions between Major and Minor School uses, see Table 4.2.5, Use
Categories in the Institutional Use Classification.
Chapter 154 - Zoning Code Page 167

Section 8.2 Definitions
A retail establishment where used, consigned, or secondhand goods are
offered for resale by a commercial entity or by individual sellers or vendors
from open or rented sales areas.
SECONDHAND SALES
Examples include auctions, flea markets, and thrift shops. Accessory uses
may include parking, concessions, restrooms, and indoor storage.
For distinctions between Major and Minor Secondhand Sales uses, see
Table 4.2.6, Use Categories in the Commercial Use Classification.
The line on the front, rear and sides of a lot which delineates the area within
SETBACK LINES
which a structure may be built and maintained, according to the distract
regulations.
SHALL
Shall is always mandatory and not merely discretionary.
One or more commercial buildings with 5,000 or more square feet of area
SHOPPING CENTER
that is divided into three or more individual tenant spaces that are planned,
constructed, and managed as a single entity with common parking, access,
loading, stormwater, landscaping, and open space facilities.
Any outdoor letter, symbol, number, trademark or other form of publicity or
combination of these, as well as the surface on which they are painted or to
which they are attached, or any of the above when placed inside a window
facing out, and any background material, coloring, shapes or other trim shall
SIGN
be considered a sign, unless entirely enclosed by a fence or wall such that
the above items and any structure or lighting attached to or accessory to
them cannot be seen off the premises on which they are located. Works of
fine art which in no way identify or advertise a product or business shall be
excluded from this definition.
The area of the smallest regular polygon composed of eight lines or less,
circle, half -circle, ellipse or combination thereof, which will encompass the
entire sign, excluding the base or apron, supports or other structural
members, unless some part of the message appears on them, in which case
they shall be included. Where symbols, letters or numbers are attached
SIGN AREA
separately to a structure, including a sign structure or to separate surfaces,
the area between the separate items or letters, whether open or solid, shall
be computed as part of the sign area. The total sign area for a double-faced
sign shall be measured on the largest face of the sign. Where three-
dimensional figures are used as signs, the largest dimension of such figure
shall be projected on a vertical plane and measured in the standard manner.
The vertical distance measured from the adjacent street grade or from the
SIGN HEIGHT
ground on which it rests, whichever allows the sign the greatest height, to the
top of the sign.
SIGN, GROUND
A sign erected on a freestanding frame, mast and/or pole and not attached to
any building, fence or wall.
A sign which sits in or on the ground, or is attached to a base or structure
which sits in or on the ground and is not over four feet in height, or a sign
SIGN, MONUMENT -TYPE
attached to an entrance wall, fence or pillars, or a sign attached to a wall or
fence which encloses a subdivision or development at the entrance to the
subdivision or development.
A sign which is not directly attached to the ground or anchored therein by
SIGN, PORTABLE
placement in a concrete footing, in holes with compacted earth or gravel, or
other support so as to be adequately affixed to the ground as a permanent
structure or not attached to a building, wall, fence or pillars.
SIGN, PROJECTING
A sign which extends beyond and is attached to a building wall and may
extend over a public right-of-way.
SIGN, ROOF
A sign attached to and extending upward from a roof of a structure.
Chapter 154 - Zoning Code Page 168

Section 8.2 Definitions
SIGN, WALL
A sign, which is, attached flat to a wall or facade of a building, or to a fence
or wall.
As used in Section 3.4.6, Watershed Overlay District, single family
SINGLE FAMILY
residential means any development where: 1) no building contains more than
RESIDENTIAL
one dwelling unit; 2) every dwelling unit is on a separate lot; and 3) where no
lot contains more than one dwelling unit.
Two or more solar collectors or photovoltaic panels intended to capture
SOLAR ARRAY
energy from sunlight, convert it to electricity, and save or deliver the
electricity for off -site use.
SQUARE FOOTAGE OF
See Land Area.
LAND AREA
STREET
A right-of-way for vehicular traffic, which affords the principal means of
access to abutting properties.
Anything constructed or erected with a fixed location on the ground, or
STRUCTURE
attached to something having a fixed location on the ground. Among other
things, structures include buildings, mobile homes, fences, signs and
swimming pools.
SUBDIVIDER
Any person, firm or corporation who subdivides or develops any land
deemed to be a subdivision as herein defined.
All division of a tract or parcel of land into two or more lots, building sites, or
other divisions for the purpose of sale or building development (whether
immediate or future) and shall include all division of land involving the
dedication of new street or a change in existing streets; but the following
shall not be included within this definition nor be subject to the regulations
authorized by this section:
(1) The combination or recombination of portions of previously subdivided
and recorded lots where the total number of lots is not increased and the
resultant lots are equal to or exceed the standard of this Ordinance:
SUBDIVISION
(2) The division of land into parcels greater than ten acres where no street
right- of -way dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or
opening of streets;
(4) 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 this section.
(5) The division of a tract into plots or lots used as a cemetery.
T
The location or collocation of wireless telecommunications equipment (such
as antennas, transmission cabling, and equipment) on an existing
TELECOMMUNICATIONS telecommunications tower, building, or other vertical projection.
ELIGIBLE FACILITY Telecommunications eligible facilities also include the equipment associated
with a distributed antenna system, as well as the replacement of an existing
telecommunications tower.
Chapter 154 - Zoning Code Page 169

Section 8.2 Definitions
A structure erected on the ground and used primarily for the support of
antennas for wireless telephone, and similar communication purposes and
TELECOMMUNICATIONS
utilized by commercial, governmental, or other public or quasi -public users.
The term includes microwave towers, common -carrier towers, cellular
TOWER
telephone towers, alternative tower structures, and the like. The term does
not include private home use of satellite dishes and television antennas, or
amateur radio operators as licensed by the FCC.
TOWN BOARD
See Board of Commissioners.
TOWNHOUSE
A single-family dwelling unit constructed in a series or group of attached
units with property lines separating such units.
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
TOXIC SUBSTANCE
directly by ingestion through food chains, has the potential to cause death,
disease, behavioral abnormalities, cancer, genetic mutation, physiological
malfunctions (including malfunctions or suppression in reproduction or
growth) or physical deformities in such organisms or their offspring or other
adverse health effects.
A facility that receives and discharges passengers and at which facilities and
TRANSPORTATION
equipment required for their operation are provided. Examples include
TERMINAL
terminals for bus, trolley, taxi, railroad, shuttle van, or other similar vehicular
services.
A structure that is intended to be transported over the streets and highways
TRAVEL TRAILER
either as a motor vehicle or attached to or hauled by a motor vehicle and is
designed for temporary use as a sleeping quarters.
U
UPPER FLOOR A dwelling unit located on the second floor or higher of a building with
RESIDENTIAL nonresidential uses located on the first floor.
USED As applied to any land or building, shall be construed to include the words
INTENDED, ARRANGED or DESIGNED TO BE USED.
Infrastructure services such as water towers, waste treatment plants, potable
UTILITIES, PUBLIC OR water treatment plants, solid waste facilities, electrical substations, water and
PRIVATE sewage pump stations, storm water retention and detention facilities, and
telephone exchanges.
V
A relaxation of the terms of this Ordinance under the specific conditions set
forth in Section 2.4.13, Variance.
As used in Section 3.4.6, Watershed Overlay District, variance means a
VARIANCE permission to develop or use property granted by the Watershed Review
Board relaxing or waiving a water supply Watershed Management
requirement adopted by the Environmental Management Commission that is
incorporated into this section.
Chapter 154 - Zoning Code Page 170

Section 8.2 Definitions
As used in Section 3.4.6, Watershed Overlay District, a variance from the
minimum statewide water supply watershed protection criteria that results in
any one or more of the following:
(1) Any variation in the design, maintenance or operation requirements of a
VARIANCE, MAJOR
wet detention pond or other storm water system;
(2) The relaxation, by a factor of more than 10 percent, of any management
requirement under the low density;
(3) The relaxation, by a factor of greater than 5 percent, of any buffer or
built -upon area requirement under the high -density option.
As used in Section 3.4.6, Watershed Overlay District, a variance from the
minimum statewide water supply watershed protection rules that results in a
VARIANCE, MINOR
relaxation, by a factor up to 5 percent of any buffer, density, or built- upon
requirement under the high -density option; or that results in a relaxation, by a
factor up to 10 percent, of any management requirement under the low -
density option.
Uses involving the direct sale; rental; storage; and servicing of automobiles,
trucks, boats, motorcycles, recreational vehicles, and other consumer motor
vehicles intended to transport persons or goods over land or water or
VEHICLE SALES AND
through the air, whether for recreation, commerce, or personal transport.
SERVICE
Accessory uses may include offices, sales of parts, maintenance facilities,
parking, outdoor display, and vehicle storage.
For distinctions between Major and Minor Vehicle Sales and Service uses,
see Table 4.2.6, Use Categories in the Commercial Use Classification.
Uses that provide lodging units or space for short-term stays for rent, lease,
or interval occupancy. Accessory uses may include pools and other
VISITOR
recreational facilities, limited storage, restaurants, bars, supporting
ACCOMMODATIONS
commercial, meeting facilities, offices, and parking.
For distinctions between Major and Minor Visitor Accommodations uses, see
Table 4.2.6, Use Categories in the Commercial Use Classification.
W
WAREHOUSING &
A use engaged in the temporary or long-term storage and/or distribution of
manufactured products, supplies, products for sale or resale, equipment, or
COMMERCIAL STORAGE
personal goods. Accessory uses may include offices and service operations.
As used in Section 3.4.6, Watershed Overlay District, any structure for which
WATER DEPENDENT
the use requires access to or proximity to surface waters to fulfill its basic
purpose, such as boat ramps, boathouses, docks and bulkheads. Ancillary
STRUCTURE
facilities such as restaurants, outlet 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).
An official or designated person of the Town of Franklinton responsible for
WATERSHED
administration and enforcement of this section. The Watershed Administrator
for Franklinton shall be the Director of Planning and Development, who also
ADMINISTRATOR
functions as the subdivision administrator and/or his assistant as designated
in the Franklinton Zoning Ordinance.
Chapter 154 - Zoning Code Page 171

Section 8.2 Definitions
Establishments or places of business primarily engaged in selling
merchandise to retailers; to industrial, commercial, institutional, or
WHOLESALE FACILITY professional business users; or to other wholesalers. Wholesale
establishment does not include contractor's materials or office or retail sales
of business supplies/office equipment.
I.\
Y
An open space on the same lot with a principal structure or use unobstructed
YARD
and unoccupied by any structure or portion thereof or parking or loading
area, except as provided in this Ordinance.
The sale of products sold incidental of household goods. No permit is
YARD SALE
required. Monday — Thursday all items must be removed from the yard on a
daily basis. Friday, Saturday & Sunday items may be left out.
A yard extending the full width of the lot and situated between the right-of-
way line and the front line of the principal structure or use projected to the
sidelines of the lot. Depth of required front yards shall be measured at right
angles to a straight line joining the foremost points of the side lot lines. The
foremost point of the side lot lines in the case of rounded property corners at
YARD, FRONT
street intersections shall be assumed to be the point at which the side and
front lot lines would have met without such rounding. The foremost points of
the side lot lines in the case of lots having an access strip extending from the
front of the main portion of the lot, shall be measured at the place where the
access strip joins the main portion of the lot. However, nothing may be
placed in the access strip that is not permitted by this Ordinance to be placed
in a front yard. Front and rear yard lines shall be parallel.
YARD, REAR
A yard extending the full width of the lot situated between the rear line of the
lot and the principal structure or use projected to the side lines of the lot.
A yard extending along either side of a lot measured from front yard line to
YARD, SIDE
rear yard line and lying between the side lot line and the principal structure or
use on the lot.
Z
ZONING ADMINISTRATOR I The official charged with the enforcement of this Ordinance.
ZONING MAP I The official zoning map of the Town.
Chapter 154 - Zoning Code Page 172

INDEX
W
Accessory Structure or Use
4.4
Administrative Adjustment Procedure
2.4.2
Adopted Policy Guidance
1.5
Agricultural Uses
See "Uses,
Agricultural'
Amendments
Application
2.3.4
Planned Development
2.4.61
Site Plan
2.4.8G
Zoning Code Text
2.4.12
Zoning Map
2.4.7
Appeal Procedure
2.4.3
Applications
Already Approved
1.8.4
Completeness
2.3.41)
Continuance
2.3.9
Fees
2.3.413
Limitations
2.3.10
Pending as of Effective Date
1.8.413
Average Front Setbacks
3.1.41)
B
Board of Adjustment 2.5.4
Board of Commissioners 2.5.2
C
Civil Penalties
7.8.1
See "Uses,
Commercial Uses
Commercial'
Conflict Between Laws
1.6
D
Definitions 8.2
Development Agreement Procedure 2.4.4
Dimensional Requirements (Generally 3.1.4
Applicable to all Development)
Driveway Standards 5.6
E
Effective Date
1.2
Encroachments, Allowable
3.1.41)
Enforcement
7.7
Exterior Lighting Standards
5.4
F
Fence and Wall Standards 1 5.3
G
General Purpose and Intent 1.7
General Zoning Districts 3.2
H
Height Exceptions I 3.1.4E
Industrial Uses See "Uses,
Industrial'
Institutional Uses
See "Uses,
Institutional'
Interpretation Procedure
2.4.5
Interpretation, General Rules of
See "Rules of
Interpretation"
Intersection Visibility
J
K
L
Landscaping Standards 5.2
See
Lighting Standards
"Exterior
Lighting"
Lot Area (Applicable to all Lots)
3.1.4A
Lot Width (Applicable to all Lots) 3.1.413
M
Maximum Number of Buildings Per 3.1.4C
Lot
Multi -building Developments 3.1.4G
N
Nonconformities 6.1
Nonconforming Lots
6.4
Nonconforming Structures
6.2
Nonconforming Uses 6.3
O
Off -Street Parking and Loading 5.1
Standards
Overlay Zoning Districts 3.4
0

Planned Development District
3.3
Planned Development Procedure
2.4.6
Planning Board
2.5.3
Principal Use Table
4.1
Prohibited Uses
4.1.4
Public Hearings
Legislative
Quasi -Judicial
Public Meetings
2.3.713
2.3.7C
2.3.7A
Public Notice
2.3.6
X
R
Remedies
7.8
Residential Use
See Uses,
Residential'
Review Process Flowcharts
2.3.8
Rezoning Procedure
2.4.7
Rules of Interpretation
S
8.1
Si na a Standards
5.5
Site Plan, Major Procedure
2.4.8
Site Plan, Minor Procedure
2.4.9
Special Flood Hazard Area
3.4.5
Special Use Permit Procedure
2.4.10
Staff Report
2.3.513
Temporary Use 4.5
Temporary Use Permit Procedure 2.4.11
Text Amendment Procedure 2.4.12
Transitional Provisions 1.8
U
Uses, Agricultural
4.2.3
Uses, Commercial
4.2.6
Uses, Industrial
4.2.7
Uses, Institutional
4.2.5
Uses, Residential
4.2.4
Use Classifications and Categories
4.2
Use -Specific Standards
Commercial Uses
Industrial Uses
Institutional Uses
Residential Uses
4.3.3
4.3.4
4.3.2
4.3.1
V
Variance Procedure 2.4.13
Violations 7.4
W
See
Wall Standards
"Fences
and Walls"
Watershed Overlay District
3.4.6
Watershed Protection Permit
Procedure
2.4.14
x
11M
Z
Zoning Administrator
2.5.5
Zoning Authorization Procedure
2.4.15
Zoning Approval Procedure
2.4.16
Zoning Districts
General
3.2
Overlay
3.4
Planned Development
3.3
End of Index