WSMU_CHIN_Chapter 3 Zoning Districts High Density_20210726

CHAPTER 3:
ZONING DISTRICTS
Section
3.1
Purpose Statement and Interpretation...........................................................................
3-2
3.2
R-P Rural Preservation District....................................................................................
3-3
3.3
R-S Suburban Residential District...............................................................................
3-5
3.4
R-T Town Residential District.....................................................................................
3-7
3.5
R-M Mixed Residential District...................................................................................
3-9
3.6
R-MH Manufactured Home District..........................................................................
3-11
3.7
O-I Office and Institutional District...........................................................................
3-13
3.8
N-C Neighborhood Center District............................................................................
3-15
3.9
C-B Central Business District....................................................................................
3-17
3.10
H-B Highway Business District.................................................................................
3-19
3.11
C-P Corporate Park District.......................................................................................
3-21
3.12
L-I Light Industrial District........................................................................................
3-23
3.13
H-I Heavy Industrial District.....................................................................................
3-25
3.14
Permitted Uses Table.................................................................................................
3-27
3.15
Conditional UseZoning District (CU)........................................................................
3-35
3.16
Watershed Overlay District........................................................................................
3-36
3.17
Planned Unit Development(PUD).............................................................................
341
3.18
Flood Damage Prevention Overlay District................................................................
342
3-1
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.1 Purpose Statement and Interpretation
Section 3.1.1 Purpose Statement
In accordance with the requirement of NCGS 16zo0A-38 160D-703 that zoning regulation be by districts,
the Town, as shown on the Zoning Map accompanying this Ordinance, is hereby divided into the following
districts which shall be governed by all of the uniform use and dimensional requirements of this Ordinance.
The purposes of establishing the following zoning districts are:
• To implement adopted plans;
• To promote public health, safety, and general welfare;
• To provide for orderly growth and development;
• To provide for the efficient use of resources;
• To facilitate the adequate provision of services.
Section 3.1.2 Interpretation
Each zoning district has uses permitted by right, uses permitted with special requirements, and conditional
special uses. Tables are shown for each district placing uses under one of the three categories. In addition
to the individual district tables, is a detailed permitted uses table showing the uses allowed in each district.
The following describes the processes of each of the three categories that the uses are subject to:
• Permitted by Right: Administrative review and approval subject to district provisions and other
applicable requirements only.
• Permitted with Special Requirements: Administrative review and approval subject to district
provisions, other applicable requirements, and special requirements outlined in Chapter 4.
• Eenditieaal-Special Uses: Administrative review and recommendation, Planning Board review
and recommendation, Town Council review and approval of Conditional ---Special Use Permit
subject to district provisions, other applicable requirements, and conditions of approval. Some
Cenditioi;al Special Uses may also be subject to special requirements outlined in Chapter 4.
3-2
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.2 R-P Rural Preservation District
3.2.1 Intent
The R-P Rural Preservation is provided to accommodate very low density residential development and
agricultural uses and to protect natural vistas and landscape features that define rural areas.
3.2.2 Uses
The chart below indicates the uses generally permitted in the R-P zoning district. For a detailed table of
specified permitted uses see Section 3.14:
PERMITTED BY
RIGHT
SPECIAL REQUIREMENTS
(see Chapter 4)
CONDITIONA
SPECIAL USES
Residential
Residential
Residential
Single -Family Detached
Accessory Dwellings
None
Family Care Homes
Commercial
Home Occupations
Commercial
None
Manufactured Homes (on individual
Animal Services (no outdoor
lots)
kennels)
Other
Rural Family Occupations
Bed and Breakfast Inns
Essential Utility Services Class 1
Family Campgrounds
& 2
Farmers Markets
Private Swimming Pools
Commercial
Nurseries
(principal use)
Produce Stands
Public Parks
Other
Public Recreation Facilities
Other
Civic Uses
Agricultural Uses (with associated
Private Recreational Facilities
accessory uses/outdoor storage)
Cemeteries
Temporary Uses
Exclusions: Automotive/Boat/Heavy Equipment/Manufactured Home Sales and Service, Outdoor
Kennels, and other uses not enumerated
3.2.3 Dimensional Requirements
Density & Lot Size
Minimum Yard Requirements
Max. Height
Max.
Density
Min.
Min. Street
Front
Side
Rear
Residential
(units per
Width
Frontage
Setback
Setback
Setback
Structure
Uses
acre)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
Height
0.5
100
35
30
15
50
3 stories
(1 per 2
acres)
Minimum Lot Size
Minimum Yard Requirements
Max. Height
Min. Lot
Street
Front
Side
Rear
Structure
Other Uses
Size
Width
Frontage
Setback
Setback
Setback
Height
(Except
(sq. ft.)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
Essential
21,780
100
35
30
15
50
45
Services)
(1/2 acre)
Infill Lots: Front and side setbacks for infill lot development shall be an average for similar uses and structures on
the same side of the street within the same zoning district within 300 to either side of the lot.
3-3
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
3.2.4 Location of Accessory Buildings and Structures
No accessory building shall be erected in any front yard unless the accessory structure is set back at least
150 feet from the street right-of-way. See Section 4.3 for additional accessory structure requirements.
Minimum Setbacks for Accessory Structures are as follows:
Side (interior): 15 feet
Side (corner): 20 feet for garages, 15 feet for other accessory structures
Rear: 15 feet
3.2.5 Other Requirements
A. See Chapter 5 for building design requirements.
B. See Chapter 6 for open space requirements.
C. See Chapter 7 for landscaping and buffering requirements.
C. See Chapter 8 for off-street parking and loading requirements.
D. See Chapter 11 for sign requirements.
3-4
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.3 R-S Suburban Residential District
3.3.1 Intent
The R-S Suburban Residential District is established for new development on the edges of Town in which
the principal use of land is low density single-family residences along with their customary accessory uses.
3.3.2 Uses
The chart below indicates the uses generally permitted in the R-S zoning district. For a detailed table of
specified permitted uses see Section 3.14:
PERMITTED BY
RIGHT
SPECIAL REQUIREMENTS
(see Chapter 4)
CONDITIONA
SPECIAL USES
Residential
Residential
Residential
Single -Family Detached
Accessory Dwellings
None
Family Care Homes
Commercial
Home Occupations
Commercial
None
Rural Family Occupations
None
Other
Commercial
Other
Essential Services Class 1 & 2
None
Agricultural Uses (with associated
Private Swimming Pools
accessory uses/outdoor storage)
(principal use)
Other
Civic Uses
Public Parks
Cemeteries (accessory use)
Private Recreational Facilities
Public Recreation Facilities
Exclusions: Outdoor Storage (non-residential or agricultural), and other uses not enumerated.
3.3.3 Dimensional Requirements
D sity & Lot Size
Minimum Yard Requirements
Max. Height
Max.
Density
Min.
Min. Street
Front
Side
Rear
Residential
(units per
Width
Frontage
Setback
Setback
Setback
Structure
Uses
acre)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
Height
3
70
35
30
10
35
3 stories
Minimum Lot Size
Minimum Yard Requirements
Max. Height
Other Uses
Min. Lot
Street
Front
Side
Rear
Structure
(Except
Size(sq.
Width
Frontage
Setback
Setback
Setback
Height
Essential
ft.)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
Services)
21,780
70
35
30
10
35
45
1/2 acre
Infill Lots: Front and side setbacks for infill lot development shall be an average for similar uses and structures on
the same side of the street within the same zoning district within 300 to either side of the lot.
3.3.4 Location of Accessory Buildings and Structures
3-5
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
No accessory building shall be erected in any front yard. See Section 4.3 for additional accessory structure
requirements.
Minimum Setbacks for Accessory Structures are as follows:
Side (interior): 10 feet
Side (corner): 20 feet for garages, 10 feet for other accessory structures
Rear: 10 feet
3.3.5 Other Requirements
A. See Chapter 5 for building design requirements.
B. See Chapter 6 for open space requirements.
C. See Chapter 7 for landscaping and buffering requirements.
C. See Chapter 8 for off-street parking and loading requirements.
D. See Chapter 11 for sign requirements.
3-6
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.4 R-T Town Residential District
3.4.1 Intent
The R-T Town Residential District is intended for more established residential areas within the Town
primarily for medium density single-family residential along with their customary accessory uses.
3.4.2 Uses
The chart below indicates the uses generally permitted in the R-T zoning district. For a detailed table of
specified permitted uses see Section 3.14:
PERMITTED BY
RIGHT
SPECIAL REQUIREMENTS
(see Chapter 4)
CONDITIONA
SPECIAL USES
Residential
Residential
Residential
Single -Family Detached
Accessory Dwellings
None
Family Care Homes
Commercial
Home Occupations
Commercial
None
Rural Family Occupations
None
Other
Commercial
Other
Essential Services Class 1 & 2
None
Civic Uses
Private Swimming Pools
Private Recreational Facilities
(principal use)
Other
Public Recreation Facilities
Public Parks
Cemeteries (accessory use)
Exclusions: Outdoor Storage (non-residential), and other uses not enumerated.
3.4.3 Dimensional Requirements
D sity & Lot Size
Minimum Yard Requirements
Max. Height
Max.
Density
Min.
Min. Street
Front
Side
Rear
Residential
(units per
Width
Frontage
Setback
Setback
Setback
Structure
Uses
acre)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
Height
Single -Family
5
70
35
30
10
35
3 stories
Detached
Minimum Lot Size
Minimum Yard Requirements
Max. Height
Other Uses
Min. Street
Front
Side
Rear
Structure
(Except
Min. Lot
Width
Frontage
Setback
Setback
Setback
Height
Essential
Size
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
Services)
21,780
70
35
30
10
35
45
Infill Lots: Front and side setbacks for infill lot development shall be an average for similar uses and structures on
the same side of the street within the same zoning district within 300 to either side of the lot.
3.4.4 Location of Accessory Buildings and Structures
3-7
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
No accessory building shall be erected in any front yard. See Section 4.3 for additional accessory structure
requirements.
Minimum Setbacks for Accessory Structures are as follows:
Side (interior): 10 feet
Side (corner): 20 feet for garages, 10 feet for other accessory structures
Rear: 10 feet
3.4.5 Other Requirements
A. See Chapter 5 for building design requirements.
B. See Chapter 6 for open space requirements.
C. See Chapter 7 for landscaping and buffering requirements.
C. See Chapter 8 for off-street parking and loading requirements.
D. See Chapter 11 for sign requirements.
3-8
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.5 R-M Mixed Residential District
3.5.1 Intent
The R-M Mixed Residential District is intended primarily to create higher density residential areas
providing for and encouraging a mix ofhousing types including single-family, two-family, and multi -family
dwellings along with their customary accessory uses.
3.5.2 Uses
The chart below indicates the uses generally permitted in the R-M zoning district. For a detailed table of
specified permitted uses see Section 3.14:
PERMITTED BY
RIGHT
SPECIAL REQUIREMENTS
(see Chapter 4)
CONDITION
SPECIAL USES
Residential
Residential
Residential
Single -Family Detached
Boarding Houses
Multi -Family Developments
Family Care Homes
Residential Care Facilities
Commercial
Home Occupations
None
Mixed Residential Developments
Commercial
Two -Family Attached (Duplex)
Bed and Breakfast Inns
Other
Daycare Centers
Civic Uses
Commercial
Essential Services Class 1 & 2
None
Other
Private Swimming Pools
Private Recreation Facilities
(principal use)
Other
Public Recreation Facilities
Public Parks
Cemeteries(accessory use
Exclusions: Outdoor Storage (non-residential), and other uses not enumerated.
3.5.3 Dimensional Requirements
Density & Lot Size
Minimum Yard Requirements
Max. Height
Max.
Residential
Density
Min.
Min. Street
Front
Side
Rear
Structure
Uses
(units per
Width
Frontage
Setback
Setback
Setback
Height
acre)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
Single -Family
15
50
35
10 min.
5
25
3 stories
Detached
(35 for
25 max.
alley
loaded)
Two -Family
15
50
35
10 min.
0 interior
25
3 stories
Attached
(35 for
25 max.
5 exterior
(Duplex)
alley
loaded
Multi -Family
15
n/a
15
0 min.
0 interior
25
3 stories
25 max.
10 exterior
Minimum Lot Size
Minimum Yard Requirements
Max. Height
Other Uses
Min. Lot
(Except
Size
Street
Front
Side
Rear
Structure
Essential
(square
Width
Frontage
Setback
Setback
Setback
Height
Services)
feet)
(ft.
ft.
ft.
ft.
ft.
ft.
21,780
60
35
20
10
25
45
3-9
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Infill Lots: Front and side setbacks for infill lot development shall be an average for similar uses and structures on
the same side of the street within the same zoning district within 300 to either side of the lot.
3.5.4 Location of Accessory Buildings and Structures
No accessory building shall be erected in any front yard. See Section 4.3 for additional accessory structure
requirements.
Minimum Setbacks for Accessory Structures are as follows:
Side (interior): 5 feet
Side (corner): 20 feet for garages, 10 feet for other accessory structures
Rear: 5 feet
Garages: minimum setback of garage door is 20 feet from street right-of-way or alley.
3.5.5 Other Requirements
A. See Chapter 5 for building design requirements.
B. See Chapter 6 for open space requirements.
C. See Chapter 7 for landscaping and buffering requirements.
C. See Chapter 8 for off-street parking and loading requirements.
D. See Chapter 11 for sign requirements.
3-10
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.6 R-MH Manufactured Home District
3.6.1 Intent
The R-ME district is established in order to provide for the proper location and planning of attractive
manufactured home developments. Development standards and requirements are included. For the purpose
of occupancy, all manufactured homes, mobile homes, and trailers shall be located within a manufactured
home development within the R-MH district.
3.6.2 Uses
The chart below indicates the uses generally permitted in the R-ME zoning district. For a detailed table
of specified permitted uses see Section 3.14:
PERMITTED BY
RIGHT
SPECIAL REQUIREMENTS
(see Chapter 4)
CONDITION
SPECIAL USES
Residential
Residential
Residential
Single -Family Detached
Boarding Houses
Manufactured Home Parks
Two -Family Attached (Duplex)
Family Care Homes
Manufactured Homes (on individual
Commercial
lots)
None
Commercial
None
Commercial
Other
Home Occupations
Cemeteries
Other
Civic Uses
Essential Services Class 1 & 2
Other
Public Recreation Facilities
Private Swimming Pools
Cemeteries (accessory use)
(principal use)
Public Parks
Exclusions: Outdoor Storage (non-residential), and other uses not enumerated.
3.6.3 Dimensional Requirements
D sity & Lot Size
Minimum Yard Requirements
Max. Height
Max.
Residential
Density
Min.
Min. Street
Front
Side
Rear
Uses
(units per
Width
Frontage
Setback
Setback
Setback
Structure
acre)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
Height
Single -Family
5
60
35
25
8
25
2 stories
Detached
Two -Family
5
80
35
25
0 interior
25
2 stories
Attached
8 exterior
(Duplex)
Manufactured
5
60
35
25
8
25
30 feet
Homes
(individual
lots
Manufactured
5
40
35
25
5
25
30 feet
Homes
(m Parks -
space sizes
3-11
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Minimum Lot Size
Minimum Yard Requirements
Max. Height
Other Uses
Min. Lot
(Except
Size
Street
Front
Side
Rear
Structure
Essential
(square
Width
Frontage
Setback
Setback
Setback
Height
Services)
feet)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
21,780
70
35
25
15
25
35
Infill Lots: Front and side setbacks for infill lot development shall be an average for similar uses and structures on
the same side of the street within the same zoning district within 300 to either side of the lot.
3.6.4 Location of Accessory Buildings and Structures
No accessory building shall be erected in any front yard. See Section 4.3 for additional accessory structure
requirements.
Minimum Setbacks for Accessory Structures are as follows:
Side (interior): 5 feet
Side (corner): 20 feet for garages, 10 feet for other accessory structures
Rear: 5 feet
3.6.5 Other Requirements
A. See Chapter 5 for building design requirements.
B. See Chapter 6 for open space requirements.
C. See Chapter 7 for landscaping and buffering requirements.
C. See Chapter 8 for off-street parking and loading requirements.
D. See Chapter 11 for sign requirements.
3-12
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.7 O-I Office and Institutional District
3.7.1 Intent
The O-I district is intended to accommodate a variety of office uses, related low intensity retail uses, and
some higher density multi -family uses. In addition, this district can create areas to serve as transitional
buffers between residential districts and commercial districts, the number and type of retail uses permitted
is limited. The primary purpose of this district is to accommodate existing and new office and institutional
areas.
3.7.2 Uses
The chart below indicates the uses generally permitted in the O-I zoning district. For a detailed table of
specified permitted uses see Section 3.14:
PERMITTED BY
RIGHT
SPECIAL REQUIREMENTS
(see Chapter 4)
CONDITION A
SPECIAL USES
Residential
Residential
Residential
None except as part of a mixed
Home Occupations
Multi -Family Development
use building
Residential Care Facilities
Commercial
Commercial
Bed and Breakfast Inns
Commercial
Animal Services (no outdoor
Hotel/Motel
kennels)
Other
Restaurant (free-standing)
Daycare Center
Cemeteries (accessory use)
Funeral Homes
Temporary Uses
Other
Office uses
Cemeteries (principal use)
Restaurant (in multi -tenant
Correctional Facilities
buildings)
Retail & service uses not
exceeding 5,000 sq ft in total
floor area
Other
Civic Uses
Institutional Uses
Essential Utility Services Class 1
&2
Mixed Use Buildings
Private Recreation Facilities
Private Swimming Pools
(principal use)
Public Parks
Public Recreation Facilities
Exclusions: Automotive/Boat/Heavy Equipment/Manufactured Home Sales and Service, Drive -through
uses, Gas Stations, Entertainment uses, Outdoor Kennels, and other uses not enumerated
3-13
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
3.7.3 Dimensional Requirements
D sity & Lot Size
Minimum Yard Requirements
Max. Height
Max.
Residential
Density
Min.
Min. Street
Front
Side
Rear
Uses
(units per
Width
Frontage
Setback
Setback
Setback
Structure
acre)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
Height
Multi -Family
10
n/a
15
20
0 (interior)
25
3 stories
15 (exterior)
Minimum Lot Size
Minimum Yard Requirements
Max. Height
Other Uses
Min. Lot
(Except
Size
Street
Front
Side
Rear
Essential
(square
Width
Frontage
Setback
Setback
Setback
Structure
Services)
feet)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
Height
n/a
70
35
20
0 (interior)
25
3 stories
15 (exterior)
or 45 feet
Infill Lots: Front and side setbacks for infill lot development shall be an average for similar uses and structures on
the same side of the street within the same zoning district within 300 to either side of the lot.
3.7.4 Location of Accessory Buildings and Structures
No accessory building shall be erected in any front yard. The total area of all accessory structures shall not
exceed''/2 the gross floor area of the principal structure. See Section 4.3 for additional residential accessory
structure requirements.
Minimum Setbacks for Accessory Structures are as follows:
Side (interior): 5 feet
Side (corner): 20 feet for garages, 10 feet for other accessory structures
Rear: 5 feet
3.7.5 Other Requirements
A. See Chapter 5 for building design requirements.
B. See Chapter 6 for open space requirements.
C. See Chapter 7 for landscaping and buffering requirements.
C. See Chapter 8 for off-street parking and loading requirements.
D. See Chapter 11 for sign requirements.
3-14
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.8 N-C Neighborhood Center District
3.8.1 Intent
The N-C district is intended primarily for local centers designed to serve relatively small trading areas in
developed or developing portions of China Grove. Incentive is given to encourage mixed use development.
As a result, the list of commercial establishments allowed in this district is more limited than in other
districts. The standards for these areas are designed to promote sound, permanent mixed -use development
and to serve surrounding residential areas. All N-C districts shall be a minimum of three (3) acres and a
maximum of 50 acres.
3.8.2 Uses
The chart below indicates the uses generally permitted in the N-C zoning district. For a detailed table of
specified permitted uses see Section 3.14:
PERMITTED BY
RIGHT
SPECIAL REQUIREMENTS
(see Chapter 4)
CONDITION
SPECIAL USES
Residential
Residential
Residential
Single-family Detached
Family Care Homes
Cluster Development
Two -Family Attached (Duplex)
Home Occupations
Multi -Family Development
Mixed Residential Development
Commercial
Commercial
Commercial
Office, retail, or service uses over
Animal Services (no outdoor
Bed and Breakfast Inns
5,000 sq ft in total floor area
kennels)
Daycare Centers
(max. 15,000 square feet with the
Office uses up to 5,000 square
addition of 1 dwelling unit per
feet
Other
1,000 square feet in excess of
Retail up to 5,000 square feet
Cemeteries (accessory use)
5,000 square feet)
Restaurants
Temporary Uses
Service uses up to 5,000 square
Other
feet
Buildings over 3 stories or 45 feet
Institutional Uses
Other
Civic Uses
Mixed Use Buildings
Essential Utility Services Class 1
&2
Private Recreation Facilities
Public Parks
Public Recreation Facilities
Exclusions: Automotive/Boat/Heavy Equipment/Manufactured Home Sales and Service, Colleges &
Universities, Correctional Facilities, Drive -through uses, Entertainment uses, Hospitals, Hotels/Motels,
Museums, Outdoor Kennels, Research Facilities, and other uses not enumerated
3-15
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
3.8.3 Dimensional Requirements
Density & Lot Size
Minimum Yard Requirements
Max. Height
Max.
Residential
Density
Min.
Min. Street
Front
Side
Rear
Uses
(units per
Width
Frontage
Setback
Setback
Setback
Structure
acre)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
Height
Single -Family
15
50
35
10 min.
5
25
3 stories
Detached
(35 for
25 max.
alley
loaded)
Two -Family
15
50
35
10 min.
0 interior
25
3 stories
Attached
(35 for
25 max.
5 exterior
(Duplex)
alley
loaded
Multi -Family
15
n/a
15
0 min.
0 interior
25
3 stories
25 max.
10 exterior
Minimum Lot Size
Minimum Yard Requirements
Max. Height
Min. Lot
Size
Street
Front
Side
Rear
Other Uses
(square
Width
Frontage
Setback
Setback
Setback
Structure
(Except
feet)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
Height
Essential
n/a
n/a
20
0 min.
0 interior
25
3 stories or 45
Services)
25 max.
10 exterior
feet
(may be higher
with a CUP
Infill Lots: Front and side setbacks for infill lot development shall be an average for similar uses and structures on
the same side of the street within the same zoning district within 300 to either side of the lot.
3.8.4 Location of Accessory Buildings and Structures
No accessory building shall be erected in any front yard. The total area of all accessory structures shall not
exceed''/2 the gross floor area of the principal structure. See Section 4.3 for additional residential accessory
structure requirements.
Minimum Setbacks for Accessory Structures are as follows:
Side (interior): 5 feet
Side (corner): 20 feet for garages, 5 feet for other accessory structures
Rear: 5 feet
3.8.5 Other Requirements
A. See Chapter 5 for building design requirements.
B. See Chapter 6 for open space requirements.
C. See Chapter 7 for landscaping and buffering requirements.
C. See Chapter 8 for off-street parking and loading requirements.
D. See Chapter 11 for sign requirements.
3-16
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.9 C-B Central Business District
3.9.1 Intent
The C-B district is established as the centrally located trade and commercial service area of China Grove.
The regulations of this district are designed to encourage the continued use of land for community trade
and commercial service uses and to permit a concentrated development of permitted uses while maintaining
a substantial relationship between the intensity of land uses and the capacity of utilities and streets.
3.9.2 Uses
The chart below indicates the uses generally permitted in the C-B zoning district. For a detailed table of
specified permitted uses see Section 3.14:
PERMITTED BY
RIGHT
SPECIAL REQUIREMENTS
(see Chapter 4)
CONDITION A
SPECIAL USES
Residential
Residential
Residential
None except as part of a Mixed
Home Occupation
None
Use Building
Commercial
Commercial
Commercial
Bed and Breakfast Inns
Drive -through uses
Animal Services (no outdoor
Daycare Centers
Farmers Markets
kennels)
Office uses 15,000-30,000 square
Office uses up to 15,000 square
Other
feet
feet
Cemeteries (Accessory Use only)
Hotels/Motels
Retail up to 15,000 square feet
Temporary Uses
Retail 15,000-30,000 square feet
Restaurants
Shopping Center 30,000-60,000
Service uses up to 15,000 square
square feet
feet
Shopping Center up to 30,000
Other
square feet
Buildings over 3 stories or 45 feet
Tattoo Parlors
Other
Civic Uses
Institutional Uses
Mixed Use Buildings
Essential Utility Services Class 1
&2
Private Recreation Facilities
Public Parks
Public Recreation Facilities
Exclusions: Automotive/Boat/Heavy Equipment/Manufactured Home Sales and Service, Correctional
Facilities, Entertainment uses, Outdoor Kennels, Research Facilities, and other uses not enumerated
3-17
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
3.9.3 Dimensional Requirements
Density & Lot Size
Minimum Yard Requirements
Max. Height
Max.
Residential
Density
Min.
Min. Street
Front
Side
Rear
Structure
Uses
(units per
Width
Frontage
Setback
Setback
Setback
Height
acre)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
Mixed Use
15
n/a
n/a
0 min.
0 (interior)
25
3 stories or
Building
25 max.
10 (exterior)
45 feet
Residential
(may be higher
(2" floor
with a CUP)
only)
Minimum Lot Size
Minimum Yard Requirements
Max. Height
Min. Lot
Size
Street
Front
Side
Rear
Structure
Other Uses
(square
Width
Frontage
Setback
Setback
Setback
Height
(Except
feet)
(ft.
ft.
ft.
ft.
ft.
Essential
n/a
n/a
20
0 min.
0 (interior)
25
3 stories or
Services)
25 max.
10 (exterior)
45 feet
(may be higher
with a CUP
Infill Lots: Front and side setbacks for infill lot development shall be an average for similar uses and structures on
the same side of the street within the same zoning district within 300 to either side of the lot.
3.9.4 Location of Accessory Buildings and Structures
No accessory building shall be erected in any front yard. The total area of all accessory structures shall not
exceed''/2 the gross floor area of the principal structure. See Section 4.3 for additional residential accessory
structure requirements.
Minimum Setbacks for Accessory Structures are as follows:
Side (interior): 0 feet
Side (corner): 20 feet for garages, 5 feet for other accessory structures
Rear: 5 feet
3.9.5 Other Requirements
A. See Chapter 5 for building design requirements.
B. See Chapter 6 for open space requirements.
C. See Chapter 7 for landscaping and buffering requirements.
C. See Chapter 8 for off-street parking and loading requirements.
D. See Chapter 11 for sign requirements.
3-18
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.10 H-B Highway Business District
3.10.1 Intent
The H-B district is established to provide a wide array of primarily retail and service uses to a large trading
area for persons residing in and/or traveling through the China Grove area. Such uses shall be located and
designed in such a manner so as to promote aesthetics, the safe and efficient movement of traffic, and to
not unduly burden adjoining thoroughfares. Given the large traffic volumes generated by uses located in
such a district, any area so zoned shall have access onto an arterial or collector thoroughfare.
3.10.2 Uses
The chart below indicates the uses generally permitted in the H-B zoning district. For a detailed table of
specified permitted uses see Section 3.14:
PERMITTED BY
RIGHT
SPECIAL REQUIREMENTS
(see Chapter 4)
CONDITION
SPECIAL USES
Residential
Residential
Residential
None
None
None
Commercial
Commercial
Commercial
Animal Services (no outdoor
Daycare Centers
Adult Establishments
kennels)
Animal Services (with outdoor
Office uses up to 30,000 square
Other
kennels)
feet
Cemeteries (Accessory Use only)
Automotive/Boat/Heavy
Retail up to 30,000 square feet
Temporary Uses
Equipment sales and service
Restaurants
Bars & Nightclubs
Service uses up to 15,000 square
Drive -through uses
feet
Electronic gaming operations
Shopping Center up to 60,000
Entertainment uses
square feet
Essential Services Class 3
Warehousing (accessory use)
Fanners Market
Hazardous Materials Use/Storage
Other
Hotel/Motel
Civic Uses
Mini Warehousing
Institutional Uses
Nurseries
Essential Utility Services Class 1
Office uses over 30,000 square feet
& 2
Outdoor Storage
Private Recreation Facilities
Retail over 30,000 square feet
Public Parks
Service uses over 15,000 square
Public Recreation Facilities
feet
Shopping Center over 60,000
square feet
Wholesale Trade
Wireless Telecommunications
Towers
Other
Tattoo Parlors
Exclusions: Correctional Facilities, and other uses not enumerated
3-19
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
3.10.3 Dimensional Requirements
Minimum Lot Size
Minimum Yard Requirements
Max. Height
Min. Lot
All Uses
Size
Street
Front
Side
Rear
(Except
(square
Width
Frontage
Setback
Setback
Setback
Structure
Essential
feet)
(ft.
ft.
ft.
ft.
ft.
Height
Services)
n/a
n/a
35
20
0 (interior)
25
3 stories or
10 (exterior)
45 feet
Infill Lots: Front and side setbacks for infill lot development shall be an average for similar uses and structures on
the same side of the street within the same zoning district within 300 to either side of the lot.
3.10.4 Location of Accessory Buildings and Structures
No accessory building shall be erected in any front yard. The total area of all accessory structures shall not
exceed''/2 the gross floor area of the principal structure.
Minimum Setbacks for Accessory Structures are as follows:
Side (interior): 0 feet (10 feet adjacent to residential district)
Side (corner): 20 feet for garages, 10 feet for other accessory structures
Rear: 5 feet (10 feet adjacent to residential district)
3.10.5 Other Requirements
A. See Chapter 5 for building design requirements.
B. See Chapter 6 for open space requirements.
C. See Chapter 7 for landscaping and buffering requirements.
C. See Chapter 8 for off-street parking and loading requirements.
D. See Chapter 11 for sign requirements.
3-20
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.11 C-P Corporate Park District
3.11.1 Intent
The C-P Corporate Park District is established for a high quality mixture of employment and/or institutional
uses of varying type, as well as limited retail and service uses supported by such clientele in a single
coordinated development which will create a self-supporting advantageous business environment in an
attractive corporate park setting.
3.11.2 Uses
The chart below indicates the uses generally permitted in the C-P zoning district. For a detailed table of
specified permitted uses see Section 3.14:
PERMITTED BY
RIGHT
SPECIAL REQUIREMENTS
(see Chapter 4)
CONDITION A
SPECIAL USES
Residential
Residential
Residential
None
None
None
Commercial
Commercial
Commercial
Light Manufacturing
Daycare Centers
Distribution
Office uses
Retail up to 5,000 square feet
Other
Other
Service uses up to 5,000 square
Cemeteries (Accessory Use only)
Buildings over 35 feet in height
feet
Warehousing
Wholesale Trade
Other
Civic Uses
Institutional Uses
Essential Services Class 1 &2
Private Recreation Facilities
Public Parks
Public Recreation Facilities
Exclusions: Correctional Facilities, Museums, Residential Care Facilities, and other uses not enumerated
3.11.3 Dimensional Requirements
District Size Re uirements
District Setback Requirements
Max. Height
Min.
Overall
Prance
District
Min.
Min.
Street
Front
Side
Rear
Structure
Size
Width
Frontage
Setback
Setback
Setback
Height
(acres)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
15
n/a
60
30
30
30
3 stories or
45 feet
(may be higher
with a CUP)
3-21
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Minimum Lot Size
Minimum Yard Requirements
Max. Height
All Uses
Lot Size
Lot
Street
Front
Side
Rear
Structure
(interior
(square
Width
Frontage
Setback
Setback
Setback
Height
lots)
feet)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
(Except
21,780
n/a
20
20
0
0
3 stories or
Essential
45 feet
Services)
(may be higher
with a CUP)
Infill Lots: Front and side setbacks for infill lot development shall be an average for similar uses and structures on
the same side of the street within the same zoning district within 300 to either side of the lot.
3.11.4 Location of Accessory Buildings and Structures
No accessory building shall be erected in any front or side yard. The total area of all accessory structures
shall not exceed''/2 the gross floor area of the principal structure.
Minimum Setbacks for Accessory Structures are as follows:
Side (interior): 5 feet (30 feet adjacent to residential district)
Side (corner): 20 feet
Rear: 10 feet (30 feet adjacent to residential district)
3.11.5 Other Requirements
A. See Chapter 5 for building design requirements.
B. See Chapter 6 for open space requirements.
C. See Chapter 7 for landscaping and buffering requirements.
C. See Chapter 8 for off-street parking and loading requirements.
D. See Chapter 11 for sign requirements.
3-22
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.12 L-I Light Industrial District
3.12.1 Intent
The L-I Light Industrial District is established for industrial and related uses that do not create serious
negative impacts for surrounding properties.
3.12.2 Uses
The chart below indicates the uses generally permitted in the L-I zoning district. For a detailed table of
specified permitted uses see Section 3.14:
PERMITTED BY
RIGHT
SPECIAL REQUIREMENTS
(see Chapter 4)
CONDITION A
SPECIAL USES
Residential
Residential
Residential
None
None
None
Commercial
Commercial
Commercial
Animal Services
None
Automotive/Boat/Heavy
Entertainment uses
Equipment sales and service
Gas Stations
Other
Distribution
Light Manufacturing
Cemeteries (Accessory Use only)
Hazardous Materials Use/Storage
Office uses
Outdoor Storage
Service uses
Warehousing
Other
Wholesale Trade
Wireless Telecommunications
Towers
Other
Civic Uses
Institutional Uses
Essential Services Class 1 &2
Private Recreation Facilities
Public Parks
Public Recreation Facilities
Exclusions: Correctional Facilities, Daycare Centers, Museums, Public Schools, Residential Care
Facilities and other uses not enumerated
3.12.3 Dimensional Requirements
District Size Requirements
District Setback Requirements
Max. Height
Min.
Overall
Prance
District
Min.
Min.
Street
Front
Side
Rear
Structure
Size
Width
Frontage
Setback
Setback
Setback
Height
acres
ft.
ft.
ft.
ft.
ft.
ft.
2
n/a
60
30
30
30
45
Minimum Lot Size
Minimum Yard Requirements
Max. Height
3-23
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
All Uses
Lot Size
Lot
Street
Front
Side
Rear
Structure
(interior
(square
Width
Frontage
Setback
Setback
Setback
Height
lots)
feet)
(ft.
ft.
ft.
ft.
ft.
ft.
(Except
21,780
n/a
20
20
0
0
45
Essential
Services
Infill Lots: Front and side setbacks for infill lot development shall be an average for similar uses and structures on
the same side of the street within the same zoning district within 300 to either side of the lot.
3.12.4 Location of Accessory Buildings and Structures
No accessory building shall be erected in any front or side yard. The total area of all accessory structures
shall not exceed''/2 the gross floor area of the principal structure.
Minimum Setbacks for Accessory Structures are as follows:
Side (interior): 5 feet (30 feet adjacent to residential district)
Side (corner): 20 feet
Rear: 10 feet (30 feet adjacent to residential district)
3.12.5 Other Requirements
A. See Chapter 5 for building design requirements.
B. See Chapter 6 for open space requirements.
C. See Chapter 7 for landscaping and buffering requirements.
C. See Chapter 8 for off-street parking and loading requirements.
D. See Chapter 11 for sign requirements.
3-24
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.13 H-I Heavy Industrial District
3.13.1 Intent
The H-I Heavy Industrial District is established for industrial and related uses that require isolation from
many other kinds of land uses.
3.13.2 Uses
The chart below indicates the uses generally permitted in the H-I zoning district. For a detailed table of
specified permitted uses see Section 3.14:
PERMITTED BY
RIGHT
SPECIAL REQUIREMENTS
(see Chapter 4)
CONDITION A
SPECIAL USES
Residential
Residential
Residential
None
None
None
Commercial
Commercial
Commercial
Distribution
None
Essential Services Class 3
Light Manufacturing
Hazardous Materials Use/Storage
Office uses (accessory use)
Other
Heavy Manufacturing
Outdoor Storage
None
Warehousing
Other
Wholesale Trade
Wireless Telecommunications
Towers
Other
Essential Services Class 1 & 2
Public Parks
Public Recreation Facilities
Exclusions: Uses not enumerated.
3.133 Dimensional Requirements
Development Size Requirements
Development Setback Requirements
Max. Height
Min.
Overall
Prance
Development
Min.
Min.
Street
Front
Side
Rear
Structure
Size
Width
Frontage
Setback
Setback
Setback
Height
acres
ft.
ft.
ft.
ft.
ft.
ft.
5
100
60
50
50
50
45
All Uses
Minimum Lot Size
Minimum Yard Requirements
Max. Height
(interior
Lot
Street
Front
Side
Rear
Structure
lots)
Lot Size
Width
Frontage
Setback
Setback
Setback
Height
(acres)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
(ft.)
(Except
Essential
1
n/a
35
30
0
0
45
Services Class
1&2)
3-25
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Infill Lots: Front and side setbacks for infill lot development shall be an average for similar uses and structures on
the same side of the street within the same zoning district within 300 to either side of the lot.
3.13.4 Location of Accessory Buildings and Structures
No accessory building shall be erected in any front or side yard. The total area of all accessory structures
shall not exceed''/2 the gross floor area of the principal structure.
Minimum Setbacks for Accessory Structures are as follows:
Side (interior): 5 feet (30 feet adjacent to residential district)
Side (corner): 20 feet
Rear: 10 feet (30 feet adjacent to residential district)
3.13.5 Other Requirements
A. See Chapter 5 for building design requirements.
B. See Chapter 6 for open space requirements.
C. See Chapter 7 for landscaping and buffering requirements.
C. See Chapter 8 for off-street parking and loading requirements.
D. See Chapter 11 for sign requirements.
3-26
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.14 Permitted Uses Table
3.14.1 Intent
The Permitted Uses Table contains a listing of uses which may be permitted in one or more of the various
zoning districts. Uses are listed in alphabetical order within seven (7) categories as follows:
• Residential
• Civic
• Institutional
• Office & Service
• Retail
• Manufacturing, Warehousing, Distribution
• Other
3.14.2 Table Key
The following is a list of the meanings of table entries:
• 'X"-indicates that the use is permitted by right in the zoning district
• "ES" -indicates that the use is permitted with a Conditional -Special Use Permit in the zoning district
• "SR" -a section number listed in the column indicates that the use has special requirements for the
zoning district in which it is permitted. The section number refers to the regulations in Chapter 4.
3-27
Town of China Grove Unified Development Ordinance

SECTION 3.14 PERMITTED USES TABLE
X- Permitted by Right
Zoning Districts
C- Conditional Use
SIdeC
Use
Residential
Nonresidential
Special
Co
Requir-
Residential
R-P
R-S
R-T
R-M
RMH
NC
O & I
CB
HB
CT
LI
HI
entents
Single Family Dwelling, Site
Built
X
X
X
X
X
X
X
Manufactured Homes (on
individual lots)
X
X
4.17
Manufactured Home Park
C
4.18
Duplex
X
X
X
X
X
425
Accessory Dwellings
X
X
X
42
Accessory Structures
X
X
X
X
X
X
X
43
Multi -family
C
C
C
Home Occupation
X
X
X
X
X
X
X
X
4.16
Rural Family Occupation
X
X
X
423
Mix Residential
Development
X
X
42
Major Residential
Subdivisions
X
X
X
C
71
Agriculture, Forestry, andFishing
R-P
R-S
R-T
R-M
RMH
NC
O & I
CB
HB
CT
LI
HI
SR
Agricultural Services; all
07
except
X
C
C
X
4.5
0742
Veterinary Services
X
X
X
X
0752
Grooming
X
X
X
X
Animal Services with Indoor
0752
Boarding Kennels
X
X
X
X
Animal Services with
0752
Outdoor Boarding Kennels
C
X
4.6
8
Forestry
X
Fishing, Hunting and
9
Trapping
X
Mining R-P R-S R-T R-M RMH NC O & I CB ]FIB CP LI HI SR
10 Metal Mining C
13 Oil and Gas Extraction C
14 Mining and Quarrying C
3-28
Town of China Grove Unified Development Ordinance

SECTION 3.14 PERMITTED USES TABLE
Construction
R-P
R-S
R-T
R-M
RMH
NC
O & I
CB
IIB
CP
LI
HI
SR
Building Construction-
general contractors and
15
operative builders (Less than
X
X
X
5,000 sq. ft.)
Building Construction -
general contractors and
op erative builders (greater
X
C
X
than 5,000 sq. ft.)
Heavy Construction - other
16
(any size)
C
C
Construction- special trade
17
(less than 5,000 sq. ft.)
X
X
X
X
Construction- special trade
17
(greater than 5,000 sq. ft.)
C
C
Manufacturing
R-P
R-S
R-T
R-M
RMH
NC
O & I
CB
HB
CP
LI
HI
SR
20
Food and Kindred Products
X
X
22
Textile Mill Products
X
X
23
Apparel and other products
X
X
Lumber and Wood Products
24
except Furniture
C
241
Logging
P
C
P
242
Sawmills
C
C
P
25
Furniture and Fixtures
X
X
26
Paper and Allied Products
C
Printing Publishing and
27
Allied Industries
X
X
Chemicals and Allied
28
Products
C
Petroleum Refining and
29
Related Industries
C
Rubber and Misc. Plastics
30
products
X
X
Leather and Leather
31
Products
X
X
Stone, Clay, Glass, and
32
Concrete Products
C
33
Primary Metal Industries
X
X
34
Fabricated Metals Products
X
X
Industrial and Commercial
35
Machinery and Computer
X
X
Equipment
Electronic and other
36
electrical equipment
X
X
37
Transportation Equipment
X
X
3-29
Town of China Grove Unified Development Ordinance

SECTION 3.14 PERMITTED USES TABLE
Manufacturing coat.
R-P
R-S
R-T
R-M
RMH
NC
O & I
CB
HB
CP
LI
HI
SR
Measuring Analyzing, and
38
Controling Instruments
X
X
Miser Manufacturing
39
Industries
X
X
3993
Signs
X
X
Transportation, Comrninication,
1lectric, andGas
R-P
RS
R-T
R-M
RMH
NC
O & I
CB
11113
CP
LI
HI
SR
40
Railraods
C
C
Local and suburban transit,
41
except
C
C
C
C
X
X
X
X
X
4121
Taxicabs
X
X
X
X
Motor frieght warehousing,
42
all except
X
X
X
421
Trucking
C
X
X
Mini -warehouse
warehousing
C
X
428
43
US Post Office
C
C
C
C
X
X
X
X
X
Water Transportation,
44 & 45
Transportation By Air
C
C
46
Pipelines, except natural gas
C
47
Transportation Services
C
C
48
Communications
C
C
C
426
Electric, Gas, and Sanitary
49
Services
Electric, gas, and water
services (sic codes 491, 492,
C
C
493, 494) Class 3
Electric and water
distribution lines, natural gas
X
X
X
X
X
X
X
X
X
X
X
X
p ip Clines
Ground Mounted Solar
energy systems 6,000 sq. ft.
X
X
X
X
X
X
X
X
X
X
X
X
or less (accessory use only)
Ground Mounted Solar
491 pt_
energy systems 6,000 sq. 11
C
greater than 6,000 sq. 11
495-497
Sanitary Services
C
C
Wholesale Trade
R-P
R-S
R-T
R-M
RMH
NC
O & I
CB
HB
CP
LI
HI
SR
Wholesale Trade, Durable
50
Goods, all except
X
X
X
5015
Motor vehicle parts, used
C
C
5093
Scrap and metal waste
C
Wholesale Trade, Non-
51
Durable Goods, all except
C
X
X
5154
1 Livestock (wholesale)
C
C
C
3-30
Town of China Grove Unified Development Ordinance

SECTION 3.14 PERMITTED USES TABLE
Wholesale Trade Cont. R-P R-S R-T R-M RMH NC O & I CB HB CP LI HI SR
Chemical and Allied
516 Products C C
517 Petroleum and petroleum C C
products
5191 Farm Supplies C X
Retail Trade
R-P
R-S
R-T
R-M
RMH
NC
O & I
CB
HB
CP
11
HI
SR
Retail uses less than 5,000
52
s q-ft-
X
X
X
X
Retail
Retail uses 5,000 - 15,000
sq- ft-
C
X
X
Retail uses greater than
15,000 - 30,000 sq- ft-
C
X
Retail uses greater than
30,000 sq- ft-
C
Modular/Manufwtured
5271
Home Sales/Service
C
C
4.7
General Merchandise Stores,
53
less than 5,000 sq- ft-
X
X
X
X
X
General Merchandise Stores,
5,000 - 15,000 sq- ft-
C
X
X
General Merchandise Stores,
15,000 - 30,000 sq- ft-
C
X
General Merchandise Stores,
greater than 30,000 sq- ft-
C
Food Stores, less than 5,000
54
sq- ft-
X
X
X
X
X
Food Stores, 5,000 - 15,000
sq- ft-
C
X
X
Food Stores, 15,000-
30,000 sq- ft-
C
X
Food Stores, greater than
30,000 sq- ft-
C
Auto dealers, gas stations,
55
e ecpt
C
C
Auto and Home Supply
5531
Sores
X
X
X
X
5541
Gasoline Service Stations
C
C
Eating and Drinking Places
58
without drivethroughs
X
C
X
X
Eating and Drinking Places
as part ofamulti-tenant
X
X
X
X
center
Eating and Drinking Places
with drivethroughs
C
C
3-31
Town of China Grove Unified Development Ordinance

SECTION 3.14 PERMITTED USES TABLE
Retail Trade coat.
R-P
R-S
R-T
R-M
RMH
NC
O & I
CB
HB
CP
LI
HI
SR
5813
Drinking Places (alcohol
beverages)
C
C
4.8
5921
Liquor Stores
C
C
C
5932
Flea Markets
C
C
Finance, Insurance, andReal
Fs tate
R-P
R-S
R-T
R-M
RMH
NC
O & I
CB
HB
CP
LI
HI
SR
Depository andnon-
depository institutions,
security and commodity
60-67
brokers, insurance carriers
X
X
X
X
X
4.13
and agents, real estate,
holdings and investments up
to 5,000 sq. ft.
60-67
greater than 5,000 sq.11
C
C
C
X
X
4.13
Services
R-P
R-S
R-T
R-M
RMH
NC
O & I
CB
HB
CP
LI
HI
SR
Hotels, rooming houses,
70
camps, and other lodging
C
C
C
places; all except
Boarding Houses
X
Bed and Breakfast Inns
C
C
X
X
X
4.9
7011
Campground
C
72
Personal Services, all except
X
X
X
X
X
X
Personal Services greater
than 5,000 sq. 11
C
C
X
X
X
X
7299
Misc personal service
C
C
73
Business Services, all except
X
X
X
X
X
X
Business Services, greater
than 5,000 sq. 11
C
C
X
X
X
X
Auto Repair, service, and
75
p arking
C
C
4.7
76
Misc repair service
C
C
Amusements, Recreational
79
Services, all except
X
X
X
Amusements, Recreational
79
Services, Greater than 5,000
C
X
C
7948
Racetracks
C
C
C
7992
Golf Courses
C
C
C
7993
Electronic gaming op erations
C
4.30
7997
Nonprofit Athletic Fields
C
C
C
C
C
C
3-32
Town of China Grove Unified Development Ordinance

SECTION 3.14 PERMITTED USES TABLE
Services cont
R-P
R-S
R-T
R-M
RMH
NC
O & I
CB
HB
CP
LI
HI
SR
Misc Amusement Recreation
7999
Services
C
C
80
Health Services, All except
X
X
X
X
X
X
Convalescent homes for
8059(pt)
psychiatric patients
C
8063
Psychiatric hospitals
C
Alcohol and Drug Rehab
Facility
C
Drug addiction, Alcohol
8063(pt)
rehab hospitals
C
81
Legal Services
X
X
X
X
X
Educational Services; All
82
except
C
C
C
C
C
X
X
X
X
X
X
Facility providing overnight
habitation
C
C
83
Social Services; All except
X
C
X
X
Individual and Family
8322
Services
X
8351(pt)
Family child care home
X
X
X
X
X
X
X
8351(pt)
Child care center in residence
X
X
X
X
8351(pt)
Child cue center
X
X
X
X
8361
Residential cue
C
C
X
X
X
Museums, art galleries and
84
botanical gardens; all except
X
X
Zoological Parks
C
Membership organizations;
86
all except
X
X
X
X
X
Churches
C
C
C
C
C
X
I X
X
X
X
X
Civic, service and social
8641
fraternities
C
C
C
C
C
X
X
X
X
X
X
Engineering Accounting,
87
management services
X
X
X
X
X
X
89
Miscellaneous services
X
X
X
X
X
X
Public Administration
R-P
R-S
R-T
R-M
RMH
NC
O & I
CB
]FIB
CP
11
HI
SR
91
General Government
C
C
C
C
C
X
X
X
X
X
X
92
Justice, public order, safety;
all except for
C
C
C
C
C
X
X
X
X
X
X
9221
Police Protection
C
C
C
C
C
X
X
X
X
X
X
9224
Fire Protection
C
C
C
C
C
X
X
X
X
X
X
Ambulance Station
C
C
C
C
C
X
X
X
X
X
X
Rescue Squad
C
C
C
C
C
X
X
X
X
X
X
93
Public Finance
C
C
C
C
C
X
X
X
X
X
X
3-33
Town of China Grove Unified Development Ordinance

SECTION 3.14 PERMITTED USES TABLE
Unclas s ified OR Specific Uses
R-P
R-S
R-T
R-M
RMH
NC
O & I
CB
HB
CP
LI
HI
SR
Adult Uses
C
4.4
Major Subdivisions for
commercial uses
X
X
X
X
X
Multi -tenant developments
less than 30,000 sq. ft.
X
X
Multi -tenant developments
30,001 - 60,000 sq. ft.
C
X
Multi -tenant developments
greater than 60,000 sq. ft.
C
Outdoor Storage (non-
residential)
C
C
C
C
420
Swimming Pools (private
p rincip al use)
X
X
X
X
X
X
Temporary Uses
X
X
X
X
424
Wireless Telecommunication
Towers
C
C
C
426
Yard Sales
X
X
X
X
X
427
* Class 1 and 2 essential services are permitted in all districts
3-34
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.15 Conditional Use -Zoning District (CU)
3.15.1 Intent
There is a Conditional Zoning Use —District (CU) which corresponds to each of the primary districts
authorized in this ordinance. It is recognized that certain types of zoning districts would be inappropriate
at particular locations in the absence of special conditions. T4e Conditional Use Districts isare a means by
which special conditions can be imposed in the furtherance of the purpose of this Ordinance. The
Conditional Use -District classification will be considered for rezoning only upon request of a property
owner with the presentation of a site specific plan.
3.15.2 Uses and Other Requirements
Within a Conditional ZoningUse District, only those uses authorized as permitted or cenditio ial-special
uses in the zoning district with which the district corresponds shall be permitted, and all other requirements
of the corresponding district shall be met as minimum standards. Additional limitations on use and other
requirements may be added as conditions by the Town Council.
See Chapter 13 for the -Conditional Use Distiiet-�oning provisions.
3-35
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.16 Watershed Overlay District
3.16.1 Purpose and Applicability
The purpose of the Watershed Overlay District is to provide for protection of the Lake Fisher and Lake
Corriher water supplies consistent with the WS-1V Protected Area management rules as adopted by the
North Carolina Department of Environment and Natural Resources for such classified areas.
3.16.2 General Development Standards
A. The construction of new roads and bridges and non-residential development should minimize
built -upon area, divert storm water away from surface water supply waters as much as possible, and
employ best management practices (BMPs) to minimize water quality impacts. The Department of
Transportation BMPs as outlined in their document entitled 'Best Management Practices for the
Protection of Surface Waters" shall be used in all road and bridge construction projects in the
Watershed Overlay District.
B. All development activities within the Watershed Overlay District, in addition those activities
specifically regulated by these provisions, are subject to the standards, usage conditions and other
regulations contained in the Rules and Requirements of the Surface Water Supply Protection Rules
adopted by the North Carolina Department of Environment and Natural Resources.
C. A minimum 30-foot vegetative buffer for development activities is required along all perennial waters,
including streams, rivers and impoundments, indicated on the most recent versions of USGS 1: 24,000
scale topographic maps; provided, that nothing in this subsection shall prevent artificial streambank or
shoreline stabilization. No new development is allowed in the buffer, except that water dependent
structures, or other structures such as flag poles, signs and security —lights, which result in only
diminutive increase in impervious area and —public works projects such as road crossings and
greenways may be allowed where no practicable alternative exists. These activities shall minimize
built -upon surface area, direct runoff away from the surface water, and maximize the utilization of
BMPs. A minimum 100 foot vegetative buffer is required for all new development activities that exceed
the low densitv option outlined in section 3.16.2.
D. Where otherwise permitted in the underlying Primary Zoning District, Cluster Development is allowed
on a project by project basis as follows:
• The overall density of the project meets the density requirements of this Ordinance;
• The appropriate vegetative buffer in (c) above is provided;
• Built upon areas are designed and located to minimize storm water runoff impact to the receiving
waters, minimize concentrated storm water flow, and maximize the flow through vegetated areas;
• Areas of concentrated development are located in upland areas and away, to the maximum extent
practicable, from surface waters and drainage ways;
• Remainder of tract to remain in vegetated or natural state;
• The area in the vegetated or natural state may be conveyed to a property owners association; a local
government for preservation as a park or greenway; a conservation organization; or placed in a
permanent conservation or farmland preservation easement. A maintenance agreement shall be
filed with the property deeds; and
• Cluster development shall transport storm water runoff from the development by vegetated
conveyances to the maximum extent practicable.
3-36
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
E. All development in Watershed Overlay Districts, shall, to the maximum extent practicable, minimize
built-up surface area, direct storm water runoff away from surface waters and incorporate best
management practices to minimize water quality impacts.
F. Existing development, as defined in this Ordinance, is not subject to the requirements of the overlay
provisions. Expansions to structures classified as existing development must meet the requirements of
these provisions, provided however, the built -upon area of the existing development is not required to
be included in the density calculations. In determining expansions to existing development, the
maximum permitted additional built -upon area is derived by multiplying the area of the portion of the
property that is not built -upon by the appropriate percent built -upon limitation for the Overlay District
in which the property is located.
purposes without being subject to the restrictions of those overlay
H-.G. Any existing building or built -upon area not in conformance with the limitations of these provisions
that has been damaged or removed for any reason may be repaired and/or reconstructed, provided:
A. Repair or reconstruction is initiated within twelve (12) months and completed within two (2) years
of such damage or removal.
B. The total amount of space devoted to built -upon area may not be increased.
C. The repair or reconstruction is otherwise permitted under the provisions of this Ordinance.
L.H. No activity, situation, structure or land use shall be permitted or allowed to operate within a watershed
which poses a threat to water quality and the public health, safety and welfare. Such conditions may
arise from inadequate on -site sewage systems which utilize ground absorption; inadequate
sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other
refuse within a buffer area; the absence or improper implementation of a spill containment plan for
toxic and hazardous materials; the improper management of storm water runoff; or any other situation
found to pose a threat to water quality.
J I. The Zoning Administrator may require such information on Zoning Permit applications and site plans,
including density/built-upon area calculations, as he may deem necessary to determine compliance with
the Watershed Overlay District provisions.
ICJ. The Zoning Administrator may, prior to the authorization of any permit in the Watershed Overlay
District, require evidence of a valid Sedimentation/Erosion Control Permit issued by the State of North
Carolina or evidence satisfactory to the Administrator that no permit is required.
LX. The Zoning Administrator shall maintain records of the administration of the Watershed Overlay
District regulations and shall submit any modifications of the regulations to the _Divisie .F �x'atoF
Quality of the North Carolina Department of Environment and Nat„ra no�Division of Energy,
Mineral and Land Resources of the North Carolina Department of Environmental Quality. The Zoning
Administrator shall also maintain a record of variances issued and shall submit an annual report of each
project receiving a variance and the reason for the variance to the Division of Water Quality. The
annual report shall contain the record of each variance granted by the Board of Adjustment during the
previous calendar year and shall be submitted on or before January 1 of the following year.
3.16.2 Density/Built-Upon Area Limitations
3-37
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
A. Residential development activities which require a Sedimentation/Erosion Control Permit shall not
exceed one (1) dwelling unit per one half (1/2) acre or, optionally, 24 percent built -upon area, on
a project by project basis. 15A NCAC 02B .0624
B. Non-residential development activities which require a Sedimentation/Erosion Control Permit
shall not exceed 24 percent built -upon area, on a project by project basis.
C. Residential development activities which require a Sedimentation/Erosion Control Permit and
which do not have a curb and gutter street system, shall not exceed three (3) dwelling units per acre
or, optionally, 36 percent built -upon area, on a project by project basis.
D. Non-residential development activities which require a Sedimentation/Erosion Control Permit and
which do not have a curb and gutter street system, shall not exceed 36 percent built -upon area, on
a project by project basis."
t- - -
Formatted: List Paragraph, Left, No bullets or numbering,
E. Low -density projects shall require deed restrictions and conveyances to ensure the amount of built-
Tab stops: Not at -0.8" + -0.5"
upon area will not be increased. Refer to Rule 15A NCAC 02H .1003(2).
- -
Formatted: Indent: Left: 0.52", No bullets or numbering
- -
Formatted: List Paragraph, Left, No bullets or numbering,
3.16.3 lgh Density Development Permit
Tab stops: Not at -0.8" + -03-
When a development exceeds the density/built-upon area, outlined in Section 3.16.2 the Town Council mash `'
Formatted: Font: 11 pt, Bald
approve high density development proposals only when engineered stormwater control measures are used. d
Formatted: List Paragraph, Outline numbered + Level: 3 +
Each engineered stormwater control measure shall be designed and constructed to control runoff from the
J
Numbering Style: 1, 2, 3, ... + Start at: 3 + Alignment: Left +
first inch of rainfall. Development within the water supply watersheds shall not exceed the followinglimits
Aligned at: 0" + Indent at: 0.5"
`J
Formatted: Font: 11 pt, Bold
Cold Water Creek WS-IV PA: 70% built -upon area Formatted: Font: 11 pt
Flat Rock Branch WS-IV PA: 70% built -upon area
Lake Corriher WS-IV Critical Area: 50% built -upon area
Formatted: Indent: Left: 0"
3.16.3.1 Permit Application - - -
Formatted: Normal, No bullets or numbering
1. A hi -density development permit shall be required for new development exceeding the low--
Formatted: Font: Bold
density option.
Formatted
2. Applications shall include written verification that a soil and erosion and sedimentation control
plan has been approved by the appropriate state or local agency.
3. Applications shall follow the requirements of Section 8.11 Stormwater Management
3.16.3.2 Stormwater Control Measure Design .- - - Formatted: Tab stops: -0.8", Left + -0.5", Left
A. Stormwater Control Measures (SCM's) shall be designed and implemented per the Design Manual. \ Formatted: Font: Bold
Development shall adhere to the North Carolina Department of Environmental Quality (NCDEQ), ` Formatted: Font: 11 pt
Division of Energy, Mineral and Land Resources (DEMLR) Rules and Regulations. Acceptable design `
methods shall comply with the NCDEQ DEMLR Stormwater Design Manual, latest edition at the time Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned at: 0" +
of permitting review. Development and redevelopment shall meet the minimum standards for post- Indent at: 0.25"
development stormwater management as set forth by the State of North Carolina, NCDEQ. Refer to
Rules 15A NCAC 02H .1017 and 15A NCAC 02H .1050-.1062.. _ - Formatted: Font: 11 pt, Italic
B. �CMs, designed led per the Design Manual, shall be used for post -construction stormwater runoff controls
for projects determined to be high-density(greater than 24°/u impervious area). Refer to Rule 15A
NCAC 02H .1003(3).
C. All stormwater control structures shall be designed by a North Carolina registered professional with
qualifications appropriate for the type of system required; these registered professionals are defined as
professional engineers, landscape architect, to the extent, that the General Statutes, Chapter 89A allow _
3-38
Town of China Grove Unified Development Ordinance
Formatted: Indent: Left: 0.5", No bullets or numbering
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Left, None, Indent: Left: 0.5", Line spacing:
single, No bullets or numbering, Widow/Orphan control,
Adjust space between Latin and Asian text, Adjust space
between Asian text and numbers, Tab stops: Not at 0.61"
Formatted: Font: 11 pt

CHAPTER 3: ZONING DISTRICTS
and land surveyors, to the extent that the design represents incidental drainage within a subdivision, as
Formatted: Font: 11 pt
provided in General Statutes 89(C)-3(7). '
i,
Formatted: Left, None, Indent: Left: 0.5", Line spacing:
single, No bullets or numbering, Widow/Orphan control,
D. All stormwater controls shall use wet detention ponds as a primary treatment system unless alternative-�
Adjust space between Latin and Asian text, Adjust space
stormwater management measures, as outlined in subsection 3.16.3.3 are used. Wet_ detention ponds
between Asian text and numbers, Tab stops: Not at 0.61"
shall be designed for specific pollutant removal according to modeling techniques approved by the `
Formatted: List Paragraph, Numbered + Level: 1 +
North Carolinapivision of Environmental Management. Specific requirements for these systems shall
Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left +
Aligned at: o" +Indent at: 0.25"
be in accordance with the following design criteria:
"
1. Wet detention ponds shall be designed to remove 85 percent of total suspended solids in the- `\
Formatted: Font: 11 pt
permanent pool and storage runoff from a one -inch rainfall from the site above the permanent pool;
Formatted: Font: 11 pt, Highlight
2. The designed runoff storage volume shall be above the permanent pool;
Formatted: Font: 11 pt
Formatted: Font: 11 pt
3. The discharge rate from these systems following the one -inch rainfall design storm shall be such- \
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
that the runoff does not draw down to the permanent pool level in less than two days and that the
31 ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
pond is drawn down to the permanent pool level within at least five days;
Indent at: 0.5"
Formatted: Indent: Left: 0"
4. The mean permanent pool depth shall be a minimum of three feet; -
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
-
3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
5. The inlet structure shall be designed to minimize turbulence using baffles or other appropriate-\ \
Indent at: 0.5"
design features,
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
6. Vegetative filters shall be constructed for the overflow and discharge of all storm water wet- ', Indent at: 0.5"
detention ponds and shall be at least 30 feet in length. The slope and width of the vegetative filter `\ \
Formatted: Indent: Left: 0"
shall be determined so as to provide a non -erosive velocity of flow -through the filter for a ten-year,
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
24-hour storm with a ten-year, one -hour intensity with a slope of five percent or less. Ve etg ation
3, ... +Start at: 1 +Alignment: Left +Aligned at: 0.25" +
in the filter shall be natural vegetation, grasses or artificially planted wetland vegetation appropriate Indent at: 0.5"
for the site characteristics. Formatted: Indent: Left: 0"
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3.16.3.3 Stormwater Management Systems -
31 ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
,Alternative
- - - - - - - - - - - - - - - - - - - - - - - - - - -
Indent at: 0.5"
,Alternative stormwater management systems, consisting of one treatment option or a combination of
Formatted: Font: 11 pt, Bold
\
treatment options, may be used. The design criteria for approval shall be 85 percent average annual removal v
Formatted: List Paragraph, Outline numbered + Level: 4 +
of total suspended solids. Also, the discharge rate shall meet one of the following criteria: "\
Numbering Style: 1, 2, 3, ... + Start at: 3 + Alignment: Left +
Aligned at: 0" + Indent at: 0.53"
I. The discharge rate following the one -inch design storm shall be such that the runoff draws down-\' \ \J
Formatted: Font: 11 pt
to the pre -storm design stage within five days, but not less than two days; or `\`\
Formatted: Normal
Formatted: Indent: Left: 0"
2. The post development peak discharge rate shall equal the pre -development rate for the one-year,-\
\
24-hour storm.
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3.7 + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
3. In addition to the vegetative filters required in subsection 15.9.3(BB)(6), all land areas outside of them
Formatted: Indent: Left: o"
pond shall be provided with a ground cover sufficient to restrain erosion within 30 days after land `
disturbance. Upon completion of the storm water control structure, a permanent ground cover shall
Formatted: Numbered + Level: 1 +Numbering Style: 1, 2,
3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
be established and maintained as part of the maintenance agreement described in subsection \`\ Indent at: 0.5"
15.9.4(C). Formatted: Indent: Left: 0"
-
4. A description of the area containing the storm water control structure shall be prepared and filed-\ \
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
consistent with subsection 15.9.7(A and B), as a separate deed with the Gaston County Register of ` `
Indent at: 0.5"
Deeds, along with any easements necessary for general access to the storm water control structure.
Formatted: Indent: Left: 0"
The deeded area shall include the pond, storm water control structure, vegetative filters, all pipes
and water control structures, berms, dikes, etc. and sufficient area to perform inspections,
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
3-39
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
maintenance, repairs and reconstruction.
- - Formatted: Indent: Left: 0"
5. Qualifying areas of the storm water control structure maybe considered pervious when computing- - - Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
total built -upon area. However, if the structure is used to compute the percentage built -upon area 31 ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
for one site, it shall not be used to compute the built -upon area for any other site or area. Indent at: 0.5"
.- - - Formatted: Indent: Left: 0.5", No bullets or numbering
13.6.3.4 Town Council Decisions _ _ _ _ t _ Formatted: Font: Bold
First consideration of a High -Density Permit application shall occur at the next regularly scheduled \ Formatted: Outline numbered + Level: 4 + Numbering
meeting of the Town Council following the Planning and Development Departments, including Style: 1, 2, 3, ... + Start at: 4 + Alignment: Left + Aligned at:
Town Engineer, review of the complete application submittal. The Town Council shall take action 0" + Indent at: 0.53"
on the application at its first consideration or within thirty (30) days of its first consideration. At its Formatted: Indent: Left: 0.5", No bullets or numbering
discretion, the Town Council shall either approve or disapprove each application for a High -
Density Development Permit.
1. If the Town Council approves
D-.2.If the Town Council disapproves the application, the reasons for such action shall be— - - Formatted: list Paragraph, Numbered + Level: 2 +
stated in the minutes of the Town Council and resented to the applicant in writing Numbering Style: 1, 2, 3,... + Start at: 1 + Alignment: Left +
either bypersonal service, or registered main, return receipt requested. The applicant Aligned at: 1" + Tab after: 1.27" + Indent at: 1.27"
may make changes and submit a revised plan which shall be submitted, reviewed, and
acted upon by the Town Council pursuant to the procedures of this section.
3-40
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
Section 3.17 Planned Unit Development (PUD)
3.17.1 Purpose
The purpose of the Planned Unit Development district (PUD) is to provide for the orderly development of
land with a mix of land uses and intensity. PUD zoning is intended to permit flexibility in the design,
construction and processing of residential and non-residential developments of a quality that could not be
achieved under conventional zoning approaches. While the conventional zoning districts and the
requirements of those districts set forth in the UDO are reasonable, there may be circumstances in which it
is in the community's best interest to allow unique and/or creative designs and techniques that:
• Promote the most appropriate use of a parcel
• Allow diversification of use
• Facilitate the adequate and economical provisions of streets, parks, open space, schools, storm
drainage and sewer and water utilities
• Preserve and utilize open space
• Offer recreational opportunities close to residential uses
• Enhance neighborhood appearance
3.17.2 Processing Procedure
A PUD shall be considered a conditional zoning district and shall be processed in accordance with § 9.2.3
of this Ordinance.
3.17.3 Permitted Uses
A. The uses permitted in a PUD shall be the permitted uses as set forth in the approved site plan.
B. The site plan shall designate land use categories consistent with the zoning district classification of this
Ordinance. Within each land use category, proposed uses shall be subject only to the permitted uses
in Table 3.14 for each land use category. No eanditiexa�-special use permit shall be required for any
eanditional-special use listed for said land use category in Table 3.14 separate from that issued for the
PUD itself.
3.17.4 Land Use Composition
A. No site plan for a PUD district shall be approved unless the following percentages of land uses are
provided for within the boundaries of the district.
• Moderate Density residential (2.5-7 units per acre) — 0-50% of total acreage
• High Density residential (8 or more units per acre) — 0-50% of total acreage
• Open space shall be required in accordance with § 6 of this Ordinance
3.17.5 Design Standards
A. The land uses within a PUD shall not be subject to any of the dimension and density provisions of
Chapters 3 and 7 except that a perimeter setback of 25 feet shall be maintained from existing
development.
B. PUD designs shall be subject to the recommended design elements for Chapter 5. The design elements
are for consideration in the design of a Planned Unit Development and shall be considered as criteria
for approval. This is not to state that all of the design elements shall be included in a PUD, rather all
elements shall be considered and those that are considered appropriate and reasonable should be
included. Additional design requirements are included in 3.17.8 below.
3-41
Town of China Grove Unified Development Ordinance

CHAPTER 3: ZONING DISTRICTS
3.17.6 Professional Design Team Required
An applicant for a PUD approval shall certify, in writing at the time of application, that a member of each
of the following professions will be used in the planning and design process for the proposed development:
• Project planning and design by a licensed North Carolina architect, licensed North Carolina landscape
architect, or a registered land surveyor;
• Landscaping design by a certified nursery or licensed North Carolina landscape architect; and
• Site engineering by a North Carolina Registered Engineer
3.17.7 Modification of Approved Final Site Plan
Following approval of the CZ district affia the C,..,ait".na ��no modifications of the land use
category designations, design standards, uses, densities or any other condition of the site plan shall be
permitted ,moss a new Conditional Use no. vi is approve without Town Council approval. However, the
Administrator may approve two following mRdific atiei;s if; ..,-:ling without ,. now s4e . lawminor
modifications as outlined in Section 9.11.
.Tss:P.�r.Earrsrererss:ETlir.SR:TSIJ.ssso�vw�ens:r.�'eren�eesr.�ssnsrrr
.............
eeee .
feet
3.17.8 Recommended Design Elements
As indicated in § 3.17.1, PUD zoning is intended to permit flexibility in the design, construction and
processing of residential, commercial and/or industrial developments of a quality that could not be achieved
under conventional zoning concepts. Therefore, the following elements are recommended for consideration
in the design of a Planned Unit Development and shall be included in a PUD, rather all elements shall be
considered and those that are considered appropriate and reasonable should be included.
A. Architectural Elements
• Building height, rhythm, articulation, massing and bulk are compatible with the individual site
attributes and are compatible with the surrounding neighborhoods.
• Distinctive architectural details such as covered front porches, door and window details, roof
overhangs, and/or parapet walls with cap features shall be provided on each dwelling or principal
structure. A variety of roofing colors, textures, and component shapes including shake shingle,
shale, and wood components, should be provided.
• Significant architectural differences in the choice of elevations, roof lines, and exterior colors foe
each residential floor should be provided. Front fagades shall not be identical to any house less
than three (3) adjacent homes, nor shall the same rear fagade which is visible from arterial street
view, on any block front, be identical to any rear fagade closer than three (3) adjacent homes.
Homes facing one another (across the street) shall not have the same fagade.
• Residential design guidelines are provided, which include a variety of conceptual standard plans,
and may include: variation in building setbacks, detached garages, recessed garages if attached to
the principal building and fencing alternatives.
• Garage fronts should be de-emphasized and not be the most prominent architectural feature of the
house. This should be accomplished by providing side access garages, recessed or detached "in-
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line" garages. Garages should be recessed at least one car length in order to provide interest and
relief from the street. The front elevation shall prominently feature an entrance for persons rather
than automobiles with the garage area not to exceed forty percent (40%) of the front fagades.
B. Recreation elements
• Not less than 70 percent (70%) of the residential units are located within 660 feet of a pedestrian,
equestrian and bicycle trail or park of at least 4,000 sf or more.
• Recreation and open space facilities should be aligned with the community's park and open space
network.
• Neighborhood scale recreation facilities and amenities should be provided which are functional, not
retention/detention or amenities should be designed in accordance with the Stormwater
Management Standards of this Ordinance. Such areas should include turf or landscaping within all
areas not permanently covered with standing water.
• Gateway treatments may be incorporated at appropriate locations along an open space network.
C. Transportation elements
• Park -and -ride lots and bus stations may be incorporated with planned facilities.
• Bicycle lanes should be included along at least seventy percent (70%) of the linear frontage of all
planned collector streets.
D. Landscaping and Buffering elements
• Higher density or intensity developments abutting lower density or intensity areas include buffering
and should substantially mitigate any negative impacts consistent with the Landscaping Standards
of this Ordinance.
E. Other Design considerations
• Homeowners or property owners associations should be required to maintain all roadway/right-of-
way landscaping, pedestrian/bicycle, and equestrian paths (arterial, collector and local as proposed)
to the standards of this Ordinance.
• Areas designated for industrial land uses should be designed to create a campus -style environment.
• Street access must be provided to all undeveloped and under -developed parcels.
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Section 3.18 Flood Damage Prevention Overlay District
3.18.1 Statutory Authorization
The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of
Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes,
delegated to local governmental units the responsibility to adopt regulations designed to promote the public
health, safety, and general welfare.
Therefore, the Town Council of the Town of China Grove, North Carolina, does ordain as follows
3.18.2 Findings of Fact
The flood prone areas within the jurisdiction of the Town of China Grove are subject to periodic inundation
which results in loss of life, property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base,
all of which adversely affect the public health, safety, and general welfare.
These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in
flood heights and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other
hazards.
3.18.3 Statement of Purpose
It is the purpose of this section 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:
A. 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;
B. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against
flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are
involved in the accommodation of floodwaters;
D. Control filling, grading, dredging, and all other development that may increase erosion or flood
damage; and
E. Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which
may increase flood hazards to other lands.
3.18.4 Objectives
The objectives of this section are to:
A. Protect human life, safety, and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at
the expense of the general public;
D. Minimize prolonged business losses and interruptions;
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E. Minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable
and sewer lines, streets, and bridges) that are located in flood prone areas;
F. Help maintain a stable tax base by providing for the sound use and development of flood prone areas;
and
G. Ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
3.18.5 Lands to Which this Section Applies
This section shall apply to all Special Flood Hazard Areas within the jurisdiction, including Extra -
Territorial Jurisdictions (ETJs), of the Town of China Grove and within the jurisdiction of any other
community whose governing body agrees, by resolution, to such applicability.
3.18.6 Basis for Establishing the Special Flood Hazard Areas
The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS)
agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its
accompanying most recent officially adopted Flood Insurance Rate Maps (FIRM), for Rowan County_
dated ane 16, 2049which are adopted by automatically by reference and declared to be a part of this
ordinance.
The initial Flood Insurance Rate Maps are as follows for the jurisdictional areas at the initial date:
Rowan County Unincorporated Area, dated November 1, 1979
Town of China Grove Incorporated Area, dated March 29, 1978
3.18.7 Establishment of Floodplain Development Permit
A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance
prior to the commencement of any development activities within Special Flood Hazard Areas determined
in accordance with the provisions of 3.16.6 of this ordinance.
3.18.8 Compliance
No structure or land shall hereafter be located, extended, converted, altered, or developed in any way
without full compliance with the terms of this ordinance and other applicable regulations.
3.18.9 Abrogation and Greater Restrictions
This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
3.18.10 Interpretation
In the interpretation and application of this ordinance, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under State statutes.
3.18.11 Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes
and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood
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heights may be increased by man-made or natural causes. This ordinance does not imply that land outside
the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood
damages. This ordinance shall not create liability on the part of the Town of China Grove or by any officer
or employee thereof for any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made hereunder.
3.18.12 Penalties for Violation
Violation of the provisions of this ordinance or failure to comply with any of its requirements, including
violation of conditions and safeguards established in connection with grants of variance or special
exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with
any of its requirements shall, upon conviction thereof, be fined not more than $50.00 or imprisoned for not
more than thirty (30) days, or both. Each day such violation continues shall be considered a separate
offense. Nothing herein contained shall prevent the Town of China Grove from taking such other lawful
action as is necessary to prevent or remedy any violation.
3.18.13 Designation of Floodplain Administrator
The Planning Director or his/her designee, hereinafter referred to as the "Floodplain Administrator", is
hereby appointed to administer and implement the provisions of this ordinance.
3.18.14 Floodplain Development Application, Permit, and Certification Requirements
3.18.14.1 Application Requirements.
Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to
any development activities located within or adjacent to Special Flood Hazard Areas. The following items
shall be presented to the Floodplain Administrator to apply for a floodplain development permit:
A. A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details
of the proposed floodplain development:
1. the nature, location, dimensions, and elevations of the area of development/disturbance; existing
and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas,
drainage facilities, and other development;
2. the boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as
determined in 3.18.6, or a statement that the entire lot is within the Special Flood Hazard Area;
3. Flood zone(s) designation of the proposed development area as determined on the FIRM or other
flood map as determined in 3.18.6;
4. The boundary of the floodway(s) or non -encroachment area(s) as determined in 3.18.6;
5. The Base Flood Elevation (BEE) where provided as set forth in 3.18.6; 3.18.15; or 3.18.21;
6. The old and new location of any watercourse that will be altered or relocated as a result of proposed
development;
7. The certification of the plot plan by a registered land surveyor or profession engineer. The
certification of the plot plan by a professional land surveyor or professional engineer. In lieu of
this requirement, the Floodplain Administrator may provide necessary certifications for
development adjacent to but not within the Special Flood Hazard Area.
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B. Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area
including but not limited to:
1. Elevation in relation to mean sea level of the proposed reference level (including basement) of all
structures;
2. Elevation in relation to mean sea level to which any non-residential structure in Zone AE or A will
be floodproofed; and
3. Elevation in relation to mean sea level to which any proposed utility systems will be elevated or
floodproofed.
C. If floodproofing, a Floodproofimg Certificate (FEMA Form 81-65) with supporting data, an operational
plan, and an inspection and maintenance plan that includes, but is not limited to, installation, exercise,
and maintenance of floodproofing measures.
D. A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to
ensure all provisions of this ordinance are met. These details include but are not limited to:
1. The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid
backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and
2. Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance
with 318.19.D.3 when solid foundation perimeter walls are used in Zones A, AE, and Al-30.
3. Usage details of any enclosed areas below the lowest floor.
4. Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical,
and water systems to be located and constructed to minimize flood damage.
5. Certification that all other Local, State and Federal permits required prior to floodplain
development permit issuance have been received.
6. Documentation for placement of Recreational Vehicles and/or Temporary Structures, when
applicable, to ensure that the provisions of 3.18.19.F and G of this ordinance are met.
7. A description of proposed watercourse alteration or relocation, when applicable, including an
engineering report on the effects of the proposed project on the flood -carrying capacity of the
watercourse and the effects to properties located both upstream and downstream; and a map (if not
shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
3.18.14.2 Permit Requirements.
The Floodplain Development Permit shall include, but not be limited to:
A. A description of the development to be permitted under the floodplain development permit.
B. The Special Flood Hazard Area determination for the proposed development in accordance with
available data specified in 3.18.6.
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C. The regulatory flood protection elevation required for the reference level and all attendant utilities.
D. The regulatory flood protection elevation required for the protection of all public utilities.
E. All certification submittal requirements with timelines.
F. A statement that no fill material or other development shall encroach into the floodway or non -
encroachment area of any watercourse, as applicable.
G. The flood openings requirements, if in Zones A, AE or Al-30.
H. Limitations of below BEE enclosure uses (if applicable). (i.e., parking, building access and limited
storage only).
3.18.14.3 Certification Requirements.
A. Elevation Certificates
1. An Elevation Certificate (FEMA Form 81-31) is required prior to the actual start of any new
construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a
certification of the elevation of the reference level, in relation to mean sea level. The Floodplain
Administrator shall review the certificate data submitted. Deficiencies detected by such review
shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the
certification or failure to make required corrections shall be cause to deny a floodplain development
permit.
2. An Elevation Certificate (FEMA 81-31) is required after the reference level is established. Within
seven (7) calendar days of establishment of the reference level elevation, it shall be the duty of the
permit holder to submit to the Floodplain Administrator a certification of the elevation of the
reference level, in relation to mean sea level. Any work done within the seven (7) days calendar
period and prior to submission of the certification shall be at the permit holder's risk. The
Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such
review shall be corrected by the permit holder immediately and prior to further work being
permitted to proceed. Failure to submit the certification or failure to make required corrections
shall be cause to issue a stop -work order for the project.
3. A final as -built Elevation Certificate (FEMA Form 81-31) is required after construction is
completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the
permit holder to submit to the Floodplain Administrator a certification of final as -built construction
of the elevation of the reference level and all attendant utilities. The Floodplain Administrator shall
review the certificate data submitted. Deficiencies detected by such review shall be corrected by
the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some
instances, another certification may be required to certify corrected as -built construction. Failure
to submit the certification or failure to make required corrections shall be cause to withhold the
issuance of a Certificate of Compliance/Occupancy.
B. Floodproofing Certificate
If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements,
a Floodproofing Certificate (FEMA Form 81-65), with supporting data, an operational plan, and an
inspection and maintenance plan are required prior to the actual start of any new construction. It shall
be the duty of the permit holder to submit to the Floodplain Administrator a certification of the
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floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea
level. Floodproofing certification shall be prepared by or under the direct supervision of a professional
engineer or architect and certified by same. The Floodplain Administrator shall review the certificate
data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such
review shall be corrected by the applicant prior to permit approval. Failure to submit the certification
or failure to make required corrections shall be cause to deny a floodplain development permit. Failure
to construct in accordance with the certified design shall be cause to withhold the issuance of a
Certificate of Compliance/Occupancy.
C. If a manufactured home is placed within Zone A, AE, or Al-30 and the elevation of the chassis is more
than 36 inches in height above grade, an engineered foundation certification is required in accordance
with the provisions of 3.18.19.C.2.
D. If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or
relocation; a professional engineer's certified report on the effects of the proposed project on the flood -
carrying capacity of the watercourse and the effects to properties located both upstream and
downstream; and a map showing the location of the proposed watercourse alteration or relocation shall
all be submitted by the permit applicant prior to issuance of a floodplain development permit.
E. Certification Exemptions. The following structures, if located within Zone A, AE or Al-30, are exempt
from the elevation/floodproofing certification requirements specified in items 1 and 2 of this
subsection:
1. Recreational Vehicles meeting requirements of 3.1819.F.a;
2. Temporary Structures meeting requirements of 31819.G; and
3. Accessory Structures less than 150 square feet meeting requirements of 3.18.19.H.
3.18.15 Duties and Responsibilities of the Floodplain Administrator
The Floodplain Administrator shall perform, but not be limited to, the following duties:
A. Review all floodplain development applications and issue permits for all proposed development within
Special Flood Hazard Areas to assure that the requirements of this ordinance have been satisfied.
B. Review all proposed development within Special Flood Hazard Areas to assure that all necessary Local,
State and Federal permits have been received.
C. Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety,
Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior
to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal
Emergency Management Agency (FEMA).
D. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that
the flood -carrying capacity is maintained.
E. Prevent encroachments into floodways and non -encroachment areas unless the certification and flood
hazard reduction provisions of 3.18.23 are met.
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F. Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and
all attendant utilities of all new and substantially improved structures, in accordance with the provisions
of 318.14.C.
G. Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved
structures and utilities have been floodproofed, in accordance with the provisions of 31814.C.
H. Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the
provisions of 3.18.14.C.
I. When floodproofmg is utilized for a particular structure, obtain certifications from a registered
professional engineer or architect in accordance with the provisions of 3.18.14.0 and 3.18.19.B.
J. Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas,
floodways, or non -encroachment areas (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions), make the necessary interpretation. The person
contesting the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in subsection 3.18.16.
K. When Base Flood Elevation (BEE) data has not been provided in accordance with the provisions of
3.18.6 obtain, review, and reasonably utilize any BEE data, along with floodway data or non -
encroachment area data available from a Federal, State, or other source, including data developed
pursuant to 3.18.21.13.2, in order to administer the provisions of this ordinance.
L. When Base Flood Elevation (BEE) data is provided but no floodway or non -encroachment area data
has been provided in accordance with the provisions of 3.18.6, obtain, review, and reasonably utilize
any floodway data or non -encroachment area data available from a Federal, State, or other source in
order to administer the provisions of this ordinance.
M. When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a
parcel in a Special Flood Hazard Area is above the Base Flood Elevation, advise the property owner of
the option to apply for a Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the
Letter of Map Amendment (LOMA) issued by FEMA in the floodplain development permit file.
N. Permanently maintain all records that pertain to the administration of this ordinance and make these
records available for public inspection, recognizing that such information may be subject to the Privacy
Act of 1974, as amended.
O. Make on -site inspections of work in progress. As the work pursuant to a floodplain development permit
progresses, the Floodplain Administrator shall make as many inspections of the work as may be
necessary to ensure that the work is being done according to the provisions of this section and the terms
of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of
proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable
hour for the purposes of inspection or other enforcement action.
P. Issue stop -work orders as required. Whenever a building or part thereof is being constructed,
reconstructed, altered, or repaired in violation of this ordinance, the Floodplain Administrator may
order the work to be immediately stopped. The stop -work order shall be in writing and directed to the
person doing or in charge of the work. The stop -work order shall state the specific work to be stopped,
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the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed.
Violation of a stop -work order constitutes a misdemeanor.
Q. Revoke floodplain development permits as required. The Floodplain Administrator may revoke and
require the return of the floodplain development permit by notifying the permit holder in writing stating
the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the
approved application, plans, and specifications; for refusal or failure to comply with the requirements
of State or local laws; or for false statements or misrepresentations made in securing the permit. Any
floodplain development permit mistakenly issued in violation of an applicable State or local law may
also be revoked.
R. Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the
community. The Floodplain Administrator and each member of his or her inspections department shall
have a right, upon presentation of proper credentials, to enter on any premises within the territorial
jurisdiction of the department at any reasonable hour for the purposes of inspection or other
enforcement action.
S. Follow through with corrective procedures of Section 3.18.16.
T. Review, provide input, and make recommendations for floodplain variance requests.
U. Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official
flood maps and studies adopted in accordance with the provisions of 3.18.6 of this ordinance, including
any revisions thereto including Letters of Map Change, which includes Letters of Map Amendment
(LOMAs), Letters of Map revision Based on Fill (LOMR-Fs) Conditional Letters of Map Revision
(CLOMRs), and Letters of Map Revision (LOMRs) issued by FEMA. Notify State and FEMA of
mapping needs.
V. Coordinate revisions to FIS reports and FIRMS, including Letters of Map Revision Based on Fill
(LOMR-F) and Letters of Map Revision (LOMR).
3.18.16 Corrective Procedures
A. Violations to be Corrected: When the Floodplain Administrator finds violations of applicable State and
local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation.
The owner or occupant shall immediately remedy each of the violations of law cited in such notification.
B. Actions in Event of Failure to Take Corrective Action: If the owner of a building or property shall fail
to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by
certified or registered mail to the owner's last known address or by personal service, stating:
1. That the building or property is in violation of the floodplain management regulations;
2. That a hearing will be held before the Floodplain Administrator at a designated place and time, not
later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be
heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
3. That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or
demolish the building; or to remove fill as applicable.
C. Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the
Floodplain Administrator shall find that the building or development is in violation of the Flood
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Damage Prevention Ordinance, he or she shall issue an order in writing to the owner, requiring the
owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor
more than one hundred eighty (180) calendar days. Where the Floodplain Administrator finds that
there is imminent danger to life or other property, he or she may order that corrective action be taken
in such lesser period as may be feasible.
D. Appeal: Any owner who has received an order to take corrective action may appeal the order to the
local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and
the clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the
order of the Floodplain Administrator shall be final. The local governing body shall hear an appeal
within a reasonable time and may affirm, modify and affirm, or revoke the order.
E. Failure to Comply with Order: If the owner of a building or property fails to comply with an order to
take corrective action for which no appeal has been made or fails to comply with an order of the
governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished
at the discretion of the court.
3.18.17 Provisions for All Special Flood Hazard Areas
In all Special Flood Hazard Areas the following provisions are required:
A. All new construction and substantial improvements shall be designed (or modified) and adequately
anchored to prevent flotation, collapse, and lateral movement of the structure.
B. All new construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
C. All new construction and substantial improvements shall be constructed by methods and practices that
minimize flood damages.
D. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall
be designed and/or located so as to prevent water from entering or accumulating within the components
during conditions of flooding to the regulatory flood protection elevation. These include, but are not
limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter
panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches.
E. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration
of floodwaters into the system.
F. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration
of floodwaters into the systems and discharges from the systems into flood waters.
G. On -site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding.
H. Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the
provisions of this ordinance, shall meet the requirements of "new construction" as contained in this
ordinance.
L Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a building or
structure existing on the effective date of this ordinance and located totally or partially within the
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floodway, non -encroachment area, or stream setback, provided there is no additional encroachment
below the regulatory flood protection elevation in the floodway, non -encroachment area, or stream
setback, and provided that such repair, reconstruction, or replacement meets all of the other
requirements of this ordinance.
J. New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards,
and chemical storage facilities shall not be permitted, except by floodplain variance as specified in
16.7.4. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation
of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard
Area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood
protection elevation and certified in accordance with the provisions of 31814.C.
K. All subdivision proposals and other development proposals shall be consistent with the need to
minimize flood damage.
L. All subdivision proposals and other development proposals shall have public utilities and facilities such
as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
M. All subdivision proposals and other development proposals shall have adequate drainage provided to
reduce exposure to flood hazards.
N. All subdivision proposals and other development proposals shall have received all necessary permits
from those governmental agencies for which approval is required by Federal or State law, including
Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
O. When a structure is partially located in a Special Flood Hazard Area, the entire structure shall meet the
requirements for new construction and substantial improvements.
P. When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple
base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base
flood elevation shall apply.
3.18.19 Provisions for All Special Flood Hazard Areas where Base Flood Elevation Data is Provided
In all Special Flood Hazard Areas where BFE data has been provided, as set forth in 3.18.6, or 3.18.20, the
following provisions, in addition to the provisions of 3.18.17, are required:
A. Residential Construction. New construction and substantial improvement of any residential structure
(including manufactured homes) shall have the reference level, including basement, elevated no lower
than the regulatory flood protection elevation, as defined in Appendix A of this ordinance.
B. Non -Residential Construction. New construction and substantial improvement of any commercial,
industrial, or other non-residential structure shall have the reference level, including basement, elevated
no lower than the regulatory flood protection elevation, as defined in Appendix A of this Ordinance.
Structures located in A, AE, and Al-30 Zones may be floodproofed to the regulatory flood protection
elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and
sanitary facilities, below the regulatory flood protection elevation are watertight with walls
substantially impermeable to the passage of water, using structural components having the capability
of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional
engineer or architect shall certify that the floodproofmg standards of this subsection are satisfied. Such
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certification shall be provided to the Floodplain Administrator as set forth in 3.18.14.C, along with the
required operational plan and maintenance and inspection plans.
C. Manufactured Homes.
1. New and replacement manufactured homes shall be elevated so that the reference level of the
manufactured home is no lower than the regulatory flood protection elevation, as defined in
Appendix A of this Ordinance.
2. Manufactured homes shall be securely anchored to an adequately anchored foundation to resist
flotation, collapse, and lateral movement, either by certified engineered foundation system, or in
accordance with the most current edition of the State of North Carolina Regulations for
Manufactured Homes adopted by the Commissioner of Insurance pursuant to NCGS 143-143.15.
Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36) inches
or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered
foundation. When the elevation of the chassis is above thirty-six (36) inches in height, an
engineering certification is required.
3. All enclosures or skirting below the lowest floor shall meet the requirements of 3.18.19.D.
4. An evacuation plan must be developed for evacuation of all residents of all new, substantially
improved or substantially damaged manufactured home parks or subdivisions located within flood
prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the
local Emergency Management coordinator.
D. Elevated Buildings. Fully enclosed area, of new construction and substantially improved structures,
which is below the lowest floor:
1. Shall not be designed or used for human habitation, but shall only be used for parking of vehicles,
building access, or limited storage of maintenance equipment used in connection with the premises.
Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage
door) or limited storage of maintenance equipment (standard exterior door), or entry to the living
area (stairway or elevator). The interior portion of such enclosed area shall not be finished or
partitioned into separate rooms, except to enclose storage areas;
2. Shall be constructed entirely of flood resistant materials at least to the regulatory flood protection
elevation; and
3. Shall include, in Zones A, AE, and Al-30, flood openings to automatically equalize hydrostatic
flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement,
the openings must either be certified by a professional engineer or architect or meet or exceed the
following minimum design criteria:
• A minimum of two flood openings on different sides of each enclosed area subject to flooding;
• The total net area of all flood openings must be at least one (1) square inch for each square foot
of enclosed area subject to flooding;
• If a building has more than one enclosed area, each enclosed area must have flood openings to
allow floodwaters to automatically enter and exit;
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• The bottom of all required flood openings shall be no higher than one (1) foot above the
adjacent grade;
• Flood openings may be equipped with screens, louvers, or other coverings or devices, provided
they permit the automatic flow of floodwaters in both directions; and
• Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and,
therefore, do not require flood openings. Masonry or wood underpinning, regardless of
structural status, is considered an enclosure and requires flood openings as outlined above.
E. Additions/Improvements.
1. Additions and/or improvements to pre -FIRM structures when the addition and/or improvements in
combination with any interior modifications to the existing structure are:
• Not a substantial improvement, the addition and/or improvements must be designed to
minimize flood damages and must not be any more non -conforming than the existing structure.
• A substantial improvement, both the existing structure and the addition and/or improvements
must comply with the standards for new construction.
2. Additions to post -FIRM structures with no modifications to the existing structure other than a
standard door in the common wall shall require only the addition to comply with the standards for
new construction.
3. Additions and/or improvements to post -FIRM structures when the addition and/or improvements
in combination with any interior modifications to the existing structure are:
• Not a substantial improvement, the addition and/or improvements only must comply with the
standards for new construction.
• A substantial improvement, both the existing structure and the addition and/or improvements
must comply with the standards for new construction.
F. Recreational Vehicles. Recreational vehicles shall either:
1. Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a
recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to
the site only by quick disconnect type utilities, and has no permanently attached additions); or
2. Meet all the requirements for new construction.
G. Temporary Non -Residential Structures. Prior to the issuance of a floodplain development permit for a
temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal
of such structure(s) in the event of a hurricane, flash flood or other type of flood warning notification.
The following information shall be submitted in writing to the Floodplain Administrator for review and
written approval:
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1. A specified time period for which the temporary use will be permitted. Time specified may not
exceed three (3) months, renewable up to one (1) year;
2. The name, address, and phone number of the individual responsible for the removal of the
temporary structure;
3. The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours
before landfall of a hurricane or immediately upon flood warning notification);
4. A copy of the contract or other suitable instrument with the entity responsible for physical removal
of the structure; and
5. Designation, accompanied by documentation, of a location outside the Special Flood Hazard Area,
to which the temporary structure will be moved.
H. Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be placed within
a Special Flood Hazard Area, the following criteria shall be met:
1. Accessory structures shall not be used for human habitation (including working, sleeping, living,
cooking or restroom areas);
2. Accessory structures shall not be temperature -controlled;
3. Accessory structures shall be designed to have low flood damage potential;
4. Accessory structures shall be constructed and placed on the building site so as to offer the minimum
resistance to the flow of floodwaters;
5. Accessory structures shall be firmly anchored in accordance with the provisions of 3.18.18.A;
6. All service facilities such as electrical shall be installed in accordance with the provisions of
318.18.D; and
7. Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided
below regulatory flood protection elevation in conformance with the provisions of 31819.D.3.
An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above
does not require an elevation or floodproofmg certificate. Elevation or floodproofing certifications are
required for all other accessory structures in accordance with 31819.C.
3.16.20 Reserved
3.16.21 Standards for Floodplains without Established Base Flood Elevations
Within the Special Flood Hazard Areas designated as Approximate Zone A and established in 3.18.6, where
no Base Flood Elevation (BEE) data has been provided by FEMA, the following provisions, in addition to
the provisions of 3.18.18, shall apply:
A. No encroachments, including fill, new construction, substantial improvements or new development
shall be permitted within a distance of twenty (20) feet each side from top of bank or five times the
width of the stream, whichever is greater, unless certification with supporting technical data by a
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registered professional engineer is provided demonstrating that such encroachments shall not result in
any increase in flood levels during the occurrence of the base flood discharge.
B. The BEE used in determining the regulatory flood protection elevation shall be determined based on
the following criteria:
1. When Base Flood Elevation (BEE) data is available from other sources, all new construction and
substantial improvements within such areas shall also comply with all applicable provisions of this
ordinance and shall be elevated or floodproofed in accordance with standards in 3.18.18 and 19.
2. When floodway or nonencroachment data is available from a Federal, State, or other source, all
new construction and substantial improvements within floodway and nonencroachment areas shall
also comply with the requirements of 3.18.19 and 23.
3. All subdivision, manufactured home park and other development proposals shall provide Base
Flood Elevation (BEE) data if development is greater than five (5) acres or has more than twenty
(20) lots/manufactured home sites. Such BEE data shall be adopted by reference in accordance
with 3.18.6 and utilized in implementing this ordinance.
4. When Base Flood Elevation (BEE) data is not available from a Federal, State, or other source as
outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above
the regulatory flood protection elevation, as defined in Appendix A. All other applicable provisions
of 3.18.19 shall also apply.
3.18.22 Standards for Riverine Floodplains with Base Flood Elevations but without Floodways or
Non -Encroachment Areas
Along rivers and streams where BEE data is provided by FEMA or is available from another source but
neither floodway nor non -encroachment areas are identified for a Special Flood Hazard Area on the FIRM
or in the FIS report, the following requirements shall apply to all development within such areas:
A. Standards of 3.18.18 and 19; and
B. Until a regulatory floodway or non -encroachment area is designated, no encroachments, including fill,
new construction, substantial improvements, or other development, shall be permitted unless
certification with supporting technical data by a registered professional engineer is provided
demonstrating that the cumulative effect of the proposed development, when combined with all other
existing and anticipated development, will not increase the water surface elevation of the base flood
more than one (1) foot at any point within the community.
3.18.23 Floodways and Non -Encroachment Areas
Areas designated as floodways or non -encroachment areas are located within the Special Flood Hazard
Areas established in 3.18.6. The floodways and non -encroachment areas are extremely hazardous areas
due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The
following provisions, in addition to standards outlined in Article 5, Sections A and B, shall apply to all
development within such areas:
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A. No encroachments, including fill, new construction, substantial improvements and other developments
shall be permitted unless:
1. it is demonstrated that the proposed encroachment would not result in any increase in the flood
levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses
performed in accordance with standard engineering practice and presented to the Floodplain
Administrator prior to issuance of floodplain development permit, or
2. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map
Revision (LOMR) must also be obtained upon completion of the proposed encroachment.
B. If 3.18.23.A is satisfied, all development shall comply with all applicable flood hazard reduction
provisions of this ordinance.
C. No manufactured homes shall be permitted, except replacement manufactured homes in an existing
manufactured home park or subdivision, provided the following provisions are met:
1. The anchoring and the elevation standards of 31819.C; and
2. The no encroachment standard of 318.23.A.
3.18.24 Effect on Rights and Liabilities under the Existing Flood Damage Prevention Ordinance
This section in part comes forward by re-enactment of some of the provisions of the Flood Damage
Prevention Ordinance enacted on April 7, 1987 as amended, and it is not the intention to repeal but rather
to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and
liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this section
shall not affect any action, suit, or proceeding instituted or pending. All provisions of the Flood Damage
Prevention Ordinance of The Town of China Grove enacted on April 7, 1987, as amended, which are not
reenacted herein are repealed.
3.18.25 Effect upon Outstanding Floodplain Development Permits
Nothing herein contained shall require any change in the plans, construction, size, or designated use of any
development or any part thereof for which a floodplain development permit has been granted by the
Floodplain Administrator or his or here authorized agents before the time of passage of this ordinance;
provided, however, that when construction is not begun under such outstanding permit within a period of
six (6) months subsequent to the date of issuance of the outstanding permit, construction or use shall be in
conformity with the provisions of this ordinance.
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