WSMU_GRNL_Zoning Ordinance Update 2006 Final for Adoption_20150327

Town of Green Level
Zoning Ordinance

Piedmont Triad Council of Governments
TABLE OF CONTENTS
ARTICLE 1—
GENERAL PROVISIONS
1-1
Section 1-1 -
Authority and Intent
1-1
Section 1-2 -
Short Title
1-1
Section 1-3 —
Jurisdiction
1-1
Section 1-4 -
Bona Fide Farms Exempt
1-1
Section 1-5 —
Exceptions to Applicability
1-1
ARTICLE 2
— DEFINITIONS
2-1
Section 2-1 -
Interpretation of Commonly Used Terms and Words
2-1
Section 2-2 —
Definitions
2-1
ARTICLE 3 - APPLICATION OF REGULATIONS
3-1
Section 3-1 -
Zoning Affects Every Building and Use
3-1
Section 3-2 -
Reduction of Lot and Yard Areas Prohibited
3-1
Section 3-3 -
Relationship of a Building to Lot
3-1
Section 3-4 -
Visibility at Intersections
3-1
Section 3-5 -
Lot Requirements Cannot be Transferred to Another Use
3-1
Section 3-6 -
Every Lot Shall Abut a Street
3-1
Section 3-7 -
Locations of Building Lines on Irregularly Shaped Lots
3-2
Section 3-8 -
Mixed Uses
3-2
Section 3-9 -
Fractional Requirement Under this Ordinance
3-2
ARTICLE 4 - ADMINISTRATIVE MECHANISM
4-1
Section 4-1 - Town Council
4-1
4-1.1 Duties
4-1
4-1.2 Amendment Procedure
4-1
4-1.3 Amendments in the Back Creek Watershed
4-4
Section 4-2 - Planning Board.
4-4
4-2.1 Organization and Administrative Procedure
4-4
4-2.2 Duties
4-4
Section 4-3 - Board of Adjustment.
4-5
4-3.1 Establishment of the Board
4-5
4-3.2 Organization and Administrative Procedure
4-5
pjl

4-3.3 Powers and Duties 4-5
(a) Appeal 4-5
(b) Conditional Uses 4-5
(c) Variance 4-6
(d) Variances in Back Creek Watershed 4-6
4-3.5 Four -fifths (4/5) Rule 4-7
4-3.6 Procedure to be Used in Processing Appeals, Variance, and Conditional Use
Permits Authorized by the Board of Adjustment 4-7
Section 4-4 - Zoning Enforcement Program.
4-8
4-4.1 Zoning Enforcement Officer
4-8
4-4.2 Building and Zoning Permit Required
4-8
4-4.3 Application for Zoning Permit
4-9
4-4.4 Certificate of Occupancy Required
4-9
4-4.5 Recordkeeping in the Back Creek Watershed
4-9
5-1
ARTICLE 5 - ESTABLISHMENT OF DISTRICTS
Section 5-1 - Use of Districts Named.
5-1
Section 5-2 - District Boundaries Shown on Zoning Map
5-1
Section 5-3 - Due Consideration to District Boundaries
5-1
Section 5-4 - Only One Official Map
5-2
ARTICLE 6 - USES BY DISTRICTS
6-1
Section 6-1 R 80 (0) Watershed — Critical Area Overlay District
6-1
Section 6-2 R 40 (0) Watershed — Non Critical ^ reaBalance of Watershed Area
6-5
Overlay District
Section 6-3 R WS Residential Watershed District
6-9
Section 6-3-1 RA Residential Agricultural District
6-13
Section 6-4 R 12 Residential District
6-15
Section 6-5 R E Residential Exclusive District
6-18
Section 6-6 R MF Residential - Multi -Family Dwellings District
6-21
Section 6-7 R MHP Manufactured Home Park District
6-25
Section 6-8 H-B Highway Business District
6-28
Section 6-9 M-1 Limited Manufacturing District
6-31
Section 6-10 M-2 General Manufacturing District
6-33
3

Section 6-11 Table of Permitted Uses 6-36
Section 6-12 Table of Prohibited Uses 6-39
Section 6-13 Table of Conditional Uses 6-39
Section 6-14 Table of Dimensional Requirements 6-40
Section 6-15 High Density Development Standards and Requirements.
ARTICLE 7 — EXCEPTIONS AND MODIFICATIONS 7-1
Section 7-1 - Height Limitation 7-1
Section 7-2 - Front Yard for Dwellings 7-1
Section 7-3 - Rezoning Property in the Back Creek Watershed Districts 7-1
Section 7-4 - Expansion of uses in the Back Creek Watershed 7-1
ARTICLE 8 - BUFFER REQUIREMENTS 8-1
Section 8-1 Purpose 8-1
Section 8-2 When Buffers are Required 8-1
Section 8-3 Buffer Standards 8-1
ARTICLE 9 - PARKING AND LOADING REQUIREMENTS
9-1
Section 9-1 — Parking
9-1
9-1.1 Off -Street Parking Required
9-1
9-1.2 Parking Design Criteria
9-1
9-1.3 Enforcement
9-2
9-1.4 Schedule of Parking Spaces
9-2
Section 9-2 - Loading and Unloading
9-3
9-2.1 Area to be Required
9-3
9-2.2 Schedule of Loading Spaces
9-3
9-2.3 Enforcement
9-4
ARTICLE 10 - SIGN REGULATIONS
10-1
Section 10-1
- Permit Required
10-1
Section 10-2
- Permit Application
10-1
Section 10-3
- Structural Requirements
10-1
Section 10-4
- Sign Area Computation
10-1
Section 10-5
—Maintenance
10-1
Section 10-6
—Location
10-2
Section 10-7
- Traffic Safety
10-2
Section 10-8
—Illumination
10-2
4

Section 10-9 - Nonconforming Signs
10-2
Section 10-10 - Signs Permitted in All Districts Without a Permit
10-3
10-10.1 Occupant and House Number
10-3
10-10.2 Public Directional and Information
10-3
10-10.3 Private Directional
10-3
10-10.4 Professional and Home Occupation
10-3
10-10.5 Church or Nonprofit Organization Bulletin Board
10-3
10-10.6 Temporary lease, Rent, or Sale
10-3
10-10.7 Construction
10-3
Section 10-11 - Signs Requiring a Zoning Permit
10-4
10-11.1 Identification Signs
10-4
10-11.2 Business Signs - Wall Mounted
10-4
10-11.3 Business Signs - Freestanding
10-4
10-11.4 Business Signs - Projecting
10-5
10-11.5 Multi -Unit Signs (Shopping Centers, Industrial Parks, etc.)
10-5
10-11.6 Billboards (off -site Business Signs)
10-6
10-11.7 Portable Signs
10-6
10-12 Sign Regulations Table
10-7
ARTICLE 11 - SUPPLEMENTAL DEVELOPMENT STANDARDS
11-1
Section 11-1 —Definition
11-1
Section 11-2 - Development Plan
11-1
ARTICLE 12 - NONCONFORMING USES AND BUILDINGS
12-1
Section 12-1 - Nonconforming Vacant Lots
12-1
Section 12-2 - Nonconforming Occupied Lots
12-1
Section 12-3 - Nonconforming Open Uses of Land
12-1
Section 12-4 - Nonconforming Uses of Structures
12-2
Section 12-5 - Reconstruction of Damaged Buildings or Structures
12-2
ARTICLE 13 - LEGAL PROVISIONS
13-1
Section 13-1
- Conflicts with other regulations
13-1
Section 13-2
- Violations of this Ordinance
13-1
Section 13-3
—Penalties
13-1
Section 13-4
- Reenactment and Repeal of Existing Ordinance
13-1
Section 13-5
— Constitutionality
13-1
Section 13-6
- Schedule of Fees
13-1
9

Section 13-7 - Adoption and Effective Date 13-1
ARTICLE 1 - GENERAL PROVISIONS
Section 1-1 - Authority and Intent
In accordance with Article 19, Part 3, Chapter 160A of the General Statutes of North Carolina,
the Town of Green Level has the authority to adopt and enforce a zoning ordinance. The general
intent of this ordinance shall be to promote the general health, safety, morals, and welfare of the
community. More specifically, it shall be to promote the orderly development of the town;
lessen congestion of its streets and roads; protect citizens and their property from fire, panic, and
other dangers; provide adequate light and air; prevent overcrowding of the land; and facilitate the
adequate provisions of transportation, water, sewerage, schools, parks, and other public
requirements.
Section 1-2 - Short Title
This ordinance shall be known as the "Zoning Ordinance of Green Level, North Carolina", and
shall consist of this text and the "Official Zoning Map".
Section 1-3 - Jurisdiction
This ordinance shall apply to all territory within the corporate limits of the Town of Green Level
and its extraterritorial planning jurisdiction as the planning jurisdiction of the Town may be
modified from time to time in accordance with Section 160A-360 of the General Statutes of
North Carolina. (amended 5/7/05)
Section 1-4 - Bona Fide Farms Exempt
The provisions of this ordinance shall not apply to bona fide farms. This ordinance does not
exercise controls over crop lands, timber land, pasture lands, idle or other farm lands, nor over
any farm house, barn, poultry house, other farm building including tenant or other houses for
persons working on said farms, as long as such houses shall be in the same ownership as the
farm and located on the farm. Such agricultural uses maintain the openness of the land and
achieve the purposes of this ordinance with out the need for regulation. Residences for non -farm
use or occupancy and other non -farm uses shall be subject to the provisions of this ordinance.
Section 1-5 - Exceptions to Applicability.
1-5.1 Nothing contained herein shall repeal, modify, or amend any Federal or State law or
regulation, or any ordinance or regulation pertaining thereto except any ordinance which
these regulations specifically replace; nor shall any provision of this Ordinance amend,
modify, or restrict any provisions of the Code of Ordinances of the Town of Green Level;
however, the adoption of this Ordinance shall and does amend any and all ordinances,

resolutions, and regulations in effect in the Town of Green Level at the time of the
adoption of this Ordinance that may be construed to impair or reduce the effectiveness of
this Ordinance or to conflict with any of its provisions.
1-5.2 It is not intended that these regulations interfere with any easement, covenants or other
agreements between parties. However, if the provisions of these regulations impose
greater restrictions or higher standards of the use of a building or land, then the
provisions of these regulations shall control.
1-5.3 Existing development, as defined in this ordinance, is not subject to the requirements of
this ordinance. Expansions to structures classified as existing development must meet the
requirements of this ordinance, however, the built -upon area of the existing development
is not required to be included in the density calculations.
1-5.4 If a nonconforming lot of record is not contiguous to any other lot owned by the same
party, then that lot of record shall not be subject to the development restrictions of this
ordinance if it is developed for single-family residential purposes. Any lot or parcel
created as part of a family subdivision after the effective date of these rules shall be
exempt form from local subdivision regulation. Any lot or parcel created as part of any
other type of subdivision that is exempt from a local subdivision ordinance shall be
subject to the land use requirements (including impervious surface requirements) of these
rules, except that such a lot or parcel must meet the minimum buffer requirements to the
maximum extent practicable.
(Note: This section states the watershed protection ordinance will not affect existing ordinances
or agreements between parties unless those ordinances or agreements are less restrictive that the
watershed protection ordinance. In those situations the watershed protection ordinance will take
precedence.)
If a nonconforming lot is contiguous to another nonconforming lot or lots, the local government
may require the lots to be combined in order to make a conforming lot or one that is more
conforming than each lot individually. If a local government does not enforce subdivision
regulations, then that local government may or may not allow the exemption for family
subdivisions.
ARTICLE 2 - DEFINITIONS
Section 2-1 - Interpretation of Commonly Used Terms and Words
2-1.1 Words used in the present tense include the future tense.
2-1.2 Words used in the singular number include the plural, and words used in the plural
number include the singular unless the natural construction of the wording indicates
otherwise.
2-1.3 The word "person" includes a firm, association, corporation, trust and company as well as

an individual.
2-1.4 The words "used for" shall include the meaning "designed for".
2-1.5 The word "structure" shall include the meaning "building".
Section 2-2 - Definitions
Agricultural Use. The use of waters for stock watering, irrigation, and other farm purposes
Animal Units. A unit of measurement developed by the U. S. Environmental Protection Agency
that is used to compare different types of animal operations. One -hundred (100) units equates to
70 dairy cows, 100 beef cattle, 250 hogs, 50 horses, 1,000 sheep, 5,500 turkeys, 3,000 chickens
with liquid manure systems, 10,000 chickens with continuous overflow waters or 500 ducks.
Best Management practices (BMP's). A structural or nonstructural management -based
practice used singularly or in combination to reduce nonpoint source inputs to receiving waters
in order to achieve water quality protection goals.
Bona Fide Farm. Crop lands, timber lands, pasture lands, apple orchards, idle or other farm
lands as well as any farm houses, barns, poultry houses, and tenant houses for workers, as long
as such houses shall be in the same ownership as the farm and located on the farm.
Buffer Strip. A buffer strip shall consist of a strip of at least ten (10) feet in width, consisting of
a compact evergreen hedge or other type of evergreen foliage screening, or shall be a screening
fence or wall so constructed to provide at least equivalent screening from adjoining properties. If
a screening fence is used, the ten (10) foot width shall not be required. A buffer shall be at least
five (5) feet but not greater than seven (7) feet in height. Hedges or planting shall have an initial
height that an average height of six (6) feet could be expected by normal growth within two (2)
years from the time of planting. No building, driveway, or parking area shall occupy any part of
the buffer strip.
Buffer, Watershed. An area of natural or planted vegetation through which stormwater runoff
flows in a diffuse manner so that the runoff does not become channelized and which provides for
infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the
normal pool elevation of impounded structures and from the bank of each side of streams or
rivers.
Building. Any structure having a roof supported by columns or walls used or intended to be
used for the shelter or enclosure of persons, animals, equipment, and materials. The connection
of two (2) or more buildings by means of an open structure, with or without a roof, shall be
deemed to make them one building. This term does not apply to camping trailers, motorized
homes, pick-up coaches, travel trailers, or to self-contained travel trailers.

Building, Accessory. A use or structure customarily incidental and subordinate to the main or
principal building and located on the same lot.
Building Height. The vertical distance from the mean elevation of the finished grade along the
front of a building to the highest point of a flat roof, or to the deck line of a mansard roof, or the
mean height level between eaves and ridge for gable, hip, gambrel, and pitch roofs.
Building Line. A line parallel to the front property line running from side yard to side yard
where the principal building will be located.
Building, Principal. A building where the principal use of the lot is situated.
Building, Setback Line A line establishing the minimum allowable distance between the main
or front wall of any building, excluding the outermost three (3) feet of any uncovered porches,
steps, eaves, gutters, and similar fixtures, and the street right-of-way line (or the assumed street
right-of-way line) when measured perpendicularly.
Built -upon area (impervious area). Built -upon areas shall include that portion of a
development project that is covered by impervious or partially impervious cover including
buildings, pavement, gravel roads, recreation facilities (e. g. tennis courts), etc. (Note: wooden
slatted decks and the water area of a swimming pool are considered pervious.)
Certificate of Zoning Compliance. A statement, signed by the Zoning Enforcement Officer,
stating that the plans for a building, structure or use of land complies with the Zoning Ordinance
Cluster Development. The grouping of buildings in order to conserve land resources and
provide for innovation in the design of the project. This term includes non-residential
development as well as single-family residential subdivisions and multi -family developments
that do not involve the subdivision of land.
Critical Area. The area adjacent to a water supply intake or reservoir where risk associated with
pollution is greater than from the remaining portions of the watershed. The critical area is
defined as extending one mile from the normal pool elevation of the reservoir in which the intake
is located or the ridge line of the watershed (whichever comes first). Local governments may
extend the critical area as needed. Major landmarks such as highways or property lines may be
used to delineate the outer boundary of the critical area, if these landmarks are immediately
adjacent to the appropriate outer boundary of one mile.
Day -Care Facility. Any day-care center or child-care arrangement that provides day care for
more than five (5) children unrelated to the operator and for which a payment, fee or grant is
received, excluding foster home, public or private schools which provide a course of grade
school instructions to children of public school age, summer day or residence camps, or bible
schools.

Development. Any land disturbing activity which adds to or changes the amount of impervious
or partially impervious cover on a land area or which otherwise decreases the infiltration or
precipitation into the soil.
Discharging Landfill. A landfill which discharges treated leachate and which requires a
National Pollution Discharge Elimination System (NPDES) permit.
Dwelling Unit. A building or part of a building providing complete and permanent living
facilities for one (1) family. The term "dwelling" shall not be deemed to include a motel, hotel,
tourist home, or structure designed for transient residence.
Dwelling, Single -Family. A detached building designed for or occupied exclusively by one (1)
family.
Dwelling, Two -Family. A building arranged or designed to be occupied by two (2) families
living independently of each other.
Dwelling, Multi -Family. A building or portion of that building used or designed as residence
for three (3) or more families living independently of each other, including apartment houses,
apartment hotels and group housing projects.
Easement. A grant by a property owner of a strip of land for specified purpose and use by the
public, a corporation, or individual.
Existing Development. Those projects that are built or those projects that at a minimum have
established a vested right under North Carolina zoning law as of the effective date of this
ordinance based on at least one of the following criteria:
(1) substantial expenditures of resource (time, labor, Money) based on a good faith
reliance upon have received a valid local government approval to proceed with the
project, or
(2) having an outstanding valid building permit as authorized by the General Statutes (G.
S. 160A-385.1), or
(3) having an approved site specific or phased development plan as authorized by the
General Statutes (G. S. 160A-385.1).
Family. One or more individuals occupying a premise and living as a single, nonprofit
housekeeping unit.
Family Care Home. A_domiciliary home licensed by the State of North Carolina pursuant to
North Carolina General Statute 168-21, is to be interpreted as home with support and supervisory
personnel that provides room and board, personal care and habilitation services in a family
environment for not more than six(6) resident handicapped persons.
10

Handicapped person means a person with temporary or permanent physical, emotional or mental
disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism,
hearing and sight impairments, emotional disturbances and orthopedic impairments but not
including mentally ill persons who are dangerous to others as defined in North Carolina General
Statue 122-58.2(1)b. No such home may be established within a one-half mile radius of an
existing_" Family Care Home".
(Amended on April 10, 2008; ZTA-4-10-08)
Greenhouse, Commercial. A building usually made largely of glass or plastic where the
temperature and humidity can be regulated for the cultivation of delicate or out -of -season plants.
Plants are raised to be sold to the general public or to wholesalers.
Greenhouse, Private. A temperature controlled building used for the raising of plants for the
personal enjoyment of the property owner or his tenant.
Gross Floor Area. The total floor area of all buildings in a project including easement,
mezzanines, and upper floors, exclusive of stairways and elevator shafts. It excludes separate
service facilities outside the main building such as boiler rooms and maintenance shops.
Hazardous Material. Any substance listed as such in: Superfund Amendments and
Reauthorization Act. (SARA) Section 302, Extremely Hazardous Substances, Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (CERCLA) Hazardous
Substances, or Section 311 of Clean Water Act (CWA) (oil and hazardous substances).
Hotel (Motel). A building or other structure kept, used maintained, advertised as or held out to
the public to be a place where sleeping accommodations are supplied for pay to transient or
permanent guest or tenants, where rooms are furnished for the accommodation of such guests
and having or not having one or more dining rooms, restaurants, or cafes where meals or lunches
are served to such transient or permanent guests, such sleeping accommodation and dining
rooms, restaurants, or cafes, if existing, being conducted in the same building or buildings.
Incidental Home Occupation. Any profession or occupation carried on by a member of a
family or member of a recognized profession residing on the premises, providing that no
merchandise or commodity is sold or offered for sale on the premises and that no mechanical
equipment is installed or used except such that is normally used for domestic or professional
purposes, and provided further that not over twenty-five (25) percent of the total actual floor area
of any structure is used for home occupation (work within the home) or professional purposes
and that all parking generated by the conduct of such home occupation be off the street and other
than in a required front yard.
Industrial Development. Any non-residential development that requires an NPDES permit for
an industrial discharge and/or requires the use or storage of any hazardous material for the
purpose of manufacturing, assembling, finishing, cleaning or developing any product or
commodity.
11

Junked or Wrecked Motor Vehicles. Motor vehicles which are not registered with the State of
North Carolina, do not have current North Carolina inspection stickers, or either (a) are incapable
of operation, or (b) are partially dismantled.
Junk Yard. An establishment operated or maintained for the purpose of storing, dismantling,
salvaging, recycling, buying or selling scrap or used material such as paper products or articles
such as machinery, vehicles, appliances, and the like.
Kennel, Commercial. A facility where animals, particularly dogs and cats, are boarded and
grooming services offered. These services are open to the general public and a fee may be
charged.
Kennel, Private. A facility, where three (3) or more adult animals, particularly dogs and cats
are housed.
Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance
with Chapter 130A, Article 9 of the North Carolina General Statutes. For the purpose of this
ordinance this term does not include composting facilities.
Lot. A parcel of land in single ownership occupied or intended for occupancy by a principal
building together with its accessory buildings including the open space required under this
ordinance. For the purpose of this ordinance, the word "lot' shall mean any number of
contiguous lots or portions of lots upon which one (1) principal building and its accessory
buildings are located or are intended to be located.
Lot, Corner. A lot which occupies the interior angle at the intersection of two (2) street lines
which make an angle of more than forty-five (45) degrees and less than one hundred and
thirty-five (135) degrees with each other. The street line forming the least frontage shall be
deemed the front of the lot except where the two street lines are equal, in which case the owner
shall be required to specify which is the front when requesting a Zoning Permit.
Lot, Depth. The depth of a lot, for the purpose of this ordinance, is the distance measured in the
mean direction of the side lines of the lot from the midpoint of the front lot line to the midpoint
of the opposite main rear line of the lot.
Lot, Interior. A lot other than a corner lot.
Lot, Through. An interior lot have frontage on two streets.
Lot Width. The distance between side lot lines measured at the building setback line.
12

Manufactured Home. A dwelling unit that (a) is not constructed in accordance with the
standards set forth in the North Carolina State Building Code and (b) is composed of one or more
components each of which was substantially transported to the home site on its own chassis, and
(c) exceeds forty (40) feet in length and eight (8) feet in width. A manufactured home can be
used for residential purposes only. It can -not be used for any commercial activity such as an
office.
Manufactured Home, Class A. A manufactured home constructed after July 1, 1976 that meets
or exceeds the construction standard promulgated by the U. S. Department of Housing and Urban
Development that were in effect at the time of construction and that satisfy the following
addition criteria: (a) the unit has a length not exceeding four times its width, with the length
measured along the axis and width measured at the narrowest part of the other axis; (b) each unit
shall contain 1200 square feet of heated living area; (c) the pitch of the roof has a minimum
vertical rise of two and two tenths feet for each twelve feet of horizontal run (2.2 to 12 feet) and
the roof is finished with a type of shingle that is commonly used in standard residential
construction; (d) all roof structures shall provide an cave projection of not less the six inches,
which may include a gutter; (e) the exterior siding consists predominately of vinyl or aluminum
horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or
hardboard, comparable in composition, appearance and durability to the exterior siding
commonly used in standard residential construction; (1) the home is set up in accordance with the
standards set by the North Carolina Department of Insurance and a continuous permanent
masonry foundation or masonry curtain wall, unpierced except for required ventilation and
access, is installed under the perimeter of the unit; (g) stairs, porches, entrance platforms, ramps,
and other means of entrance and exit to and from the home shall be installed or constructed in
accordance with the standards set by the North Carolina Department of Insurance, attached
firmly to the primary structure and anchored securely to the ground; and (h) the moving hitch,
wheels, and axles, and transporting lights have been removed.
Manufactured Home, Class B. A unit constructed after July 1, 1976 that meets or exceeds the
construction standards promulgated by the U. S. Department of Housing and Urban
Development that were in effect at the time of construction. In addition, a Class B unit satisfies
the appearance criteria of Class A units, except for criteria (a) the unit has a length not exceeding
four times its width, with the length measured along the longest axis and width measured at the
narrowest part of the other axis, and (b) each unit shall contain 1200 square feet of heated living
space.
Manufactured Home, Class C. Any mobile home that does not meet the definitional criteria of
a Class A or Class B Manufactured Home.
Manufactured Home Park. Any tract of land set up and maintained as a parking place for two
(2) or more manufactured homes and a rental fee is paid to the landowner or park operator.
Manufactured Home Space. Any parcel of ground within a manufactured home park designed
for the exclusive use of one (1) manufactured home.
13

Mini -Warehouse. A building or group of buildings in a controlled access and fenced compound
that contains varying sizes of individual compartmentalized and controlled -access stalls or
lockers for the storage of customers' goods or wares.
Modular Home. Any building or closed construction which is made or assembled in
manufacturing facilities on or off the building site for installation or assembly and installation on
the building site other than mobile homes or recreational vehicles. Modular buildings shall
comply with all codes applicable to residential construction. Modular units shall considered the
same as any conventional, site -built home.
Nonconforming Lot of Record. A lot described by a plat or a deed that was recorded prior to
the effective date of this ordinance (or its amendments) that does not meet the minimum lot size
or other development requirements of this ordinance.
Nonconforming Use or Structure. Any use of a building or land which does not conform to the
use regulations of this ordinance for the district in which it is located, either at the effective date
of the ordinance or as a result of subsequent amendments which may be incorporated into this
ordinance.
Non-residential Development. All development other than residential development, agriculture
and silviculture.
Obstruction. Any structure, fence, shrub, tree, bush, flower, plant, motor vehicle, or any other
object that obscures, impairs, or prevents view or sight through, over, or across the horizontal or
vertical distance area.
Open Space. Unroofed storage area, whether fenced or not.
Parking Space. A storage of not less than eight and one-half (8-1/2) feet by eighteen (18) feet
for one (1) automobile, plus the necessary access space. It shall be always located outside the
dedicated street right-of-way.
Residential Development. Buildings for residence such as attached and detached single-family
dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated
outbuildings such as garages, storage buildings, gazebos, etc. and incidental home occupations.
Residential Development, Single -Family. Any development where: (1) no building contains
more than one dwelling unit, (2) every dwelling unit is on a separate lot, and (3) where no lot
contains more than one dwelling unit. (See Dwellings, Single -Family)
Restaurant, Drive-thru. An establishment where food and drink is prepared and consumed
primarily within the principal building. However, a drive-thru window and outside tables may
be provided for the consumption of food or drink outside or away from the principal building.
Setback Lines. The lines on the front, rear, and sides of a lot which delineate the area within
which a structure may be built and maintained according to the district regulations.
14

Sign. Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade
names, or trade rnarkstrademarks used to promote an individual, firm, association, corporation,
profession, business, commodity, or product.
Sign Area. The entire face of a sign and all wall work including illuminating tubing incidental
to its decoration shall be included for measurement of sign areas excluding architectural trim and
structural embellishments. In the case of an open sign made up of individual letters, figures, or
designs, the spaces between such letters, figures, or designs shall be included as part of the sign
area. In computing sign area, only one (1) side of a double -face sign structure shall be
considered.
Sign, Free Standing. Any sign which is attached to or mounted upon the ground by means of
one or more upright posts, pillars, or braces placed upon the ground, and which is not attached to
any building (excludes billboards, poster panels, and outdoor advertising signs).
Sign, Direct Illumination. A sign lighted with an internal light source.
Sign, Indirect Illumination. A sign with an external lighting source.
Sign, Local Interest. A sign of a temporary nature used to advertise or announce a particular
event of normally local concern.
Sign, Off -Site (Billboard). One advertising device used to disseminate information concerning
a person, place, or thing not pertaining to the use of the land upon which it is located.
Sign, On Site. Signs relating in subject matter to the premises where located, or to products,
accommodations, services, or activities on the premises.
Sign, Permanent. Signs erected, located or affixed in a manner enabling continued use of the
sign for a relatively long, unspecified period of time.
Sign, Projecting. A sign projecting from the exterior wall of a building or suspended from and
supported by the underside of a horizontal surface, such as a canopy.
Small-scale zoning. The zoning of a relatively small area of land differently from the way the
majority of the surrounding land is zoned. Small-scale is legal only if the government
establishes that it is reasonable. Reasonableness is determined by considering the size of the
area, any special conditions or factors regarding the area, the consistency of the zoning with the
land use plan, the degree change in zoning, the degree it allows uses different from the
surrounding area, and the relative benefits and detriments for the owner, the neighbors, and the
surrounding community.
Street. A dedicated and accepted public right-of-way for vehicular traffic which afford the
principal means of access to abutting properties.
15

Structure. Anything constructed or erected, including but not limited to buildings, which
requires location on the land or attachment to something having permanent location on the land
Toxic Substance. Any substance or combination or substances (including disease causing
agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any
organism, either directly from the environment or indirectly by ingestion through food chains,
has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations,
physiological malfunctions (including malfunctions or suppression in reproduction or growth) or
physical deformities in such organisms or their off springs or other adverse health effects.
Variance. A modification of the existing zoning ordinance bye which strict enforcement of
this ordinance would cause undue hardship owing to the circumstances unique to the individual
property where the variance is granted.
Variance, Major Watershed. Variances of a significant nature in unique circumstances on a
case by case basis shall be reviewed by the- and approved by the N. C. Environmental
Management Commission. More specifically, major variances would completely eliminate a
management requirement, or reduce a management requirement with a numerical standard by
more than ten percent (10%).
Variance, Minor Watershed. Any variance not considered a major one shall be reviewed and
approved by the Board of Adjustment.
Water Dependent Structure. Any structure for which the use requires access to or proximity to
or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks
and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and
commercial boat storage areas are not water dependent structures.
Watershed. The entire land area contributing surface drainage to a specific point (e.g. the water
supply intake).
Yard. An open space on the same lot with a principal building, unoccupied and unobstructed
from the ground upward, except where encroachments and accessory buildings are expressly
permitted.
Yard, Front. An open, unoccupied space extending the full width of the lot and situated
between the right-of-way line of the street and the building setback line.
Yard, Side. An open, unoccupied space situated between the side line of the building and the
adjacent side line of the lot and extending from the rear line of the front yard to the front line of
the rear yard.
Yard, Rear. An open, unoccupied space extending the full width of the lot and situated between
the rear line of the lot and the rear line of the building projected to the side lines of the lot.
ARTICLE 3 - APPLICATION OF REGULATIONS
16

Section 3-1 - Zoning Affects Every Building and Use
After adoption and enforcement of this ordinance, no building or land shall be used and no
building or part shall be erected, moved or altered except in conformity with the regulations
specified for the district in which it is located, except as provided in this ordinance.
Section 3-2 - Reduction of Lot and Yard Areas Prohibited
No yard or lot existing at the time of passage of this ordinance shall be reduced in size of area
below the minimum requirements set forth, except for street widening. Yards or lots created
after the effective date of this ordinance shall meet at least the minimum requirements
established by this ordinance.
Section 3-3 - Relationship of a Building to Lot
Every building hereafter erected, moved or structurally altered shall be located on a lot and in no
case shall there be more than one (1) principal building and its customary accessory buildings on
the lot. except in the case of a specially designed group development of institutional, residential,
commercial, or industrial buildings in an appropriate zoning district; (i. e., school campus, cluster
housing, shopping center, industrial park, and so forth).
Section 3-4 - Visibility at Intersections
On a corner lot nothing shall be erected, placed, planted or allowed to grow that would materially
block vision between a height of three (3) feet and ten (10) feet above the center grade of the two
intersecting roads that form the sight triangle.
The sight triangle shall have sides of ten (10) feet and seventy (70) feet. The smaller side shall
be measured from the intersection of the two right-of-way lines back ten (10) feet along the
right-of-way of the road with the yield or stop sign. The larger side shall be measured from the
intersection of the two right-of-way lines outward seventy (70) feet along the road that does not
have a yield or stop sign.
Section 3-5 - Lot Requirements Cannot be Transferred to Another Use
The minimum yards, open spaces, or off-street parking and loading requirements ean-netcannot
be encroached upon. For each new building or altered existing one, the requirements can
netcannot be met by using existing areas established for another use. A common facility such as
a parking lot can be shared by two buildings if it is large enough to accommodate the
requirements of both uses.
Section 3-6 - Every Lot Shall Abut a Street
17

No building, structure or use of land, other than for agricultural purposes, shall be established on
a lot which does not abut a dedicated public street.
Section 3-7 - Locations of Buildini Lines on Irregularly Shaved Lots
Locations of front, side and rear building lines on irregularly shaped lots shall be determined by
the Zoning Enforcement Officer. Such determination shall be based on the spirit and intent of
the district regulations to achieve spacing and location of buildings or groups of buildings on
individual lots.
Section 3-8 - Mixed Uses
When two or more uses occupy the same building, the use that has the largest yard requirements
shall apply to the building. The off-street parking and loading requirements shall be met for each
use in any building containing more than one permitted use or activity.
Section 3-9 - Fractional Requirement Under this Ordinance
When any requirement of this ordinance results in a fraction of a unit, a fraction of one-half or
more shall be considered a whole unit and a fraction of less than one-half shall be disregarded.
When the determination of the number of dwelling units permitted on a lot results in a fraction of
a dwelling unit, a fraction of one-half or more shall be considered a dwelling unit and a fraction
of less than one-half shall be disregarded.
ARTICLE 4 - ADMINISTRATIVE MECHANISM
Section 4-1 - Town Council
4-1.1 Duties
The Town Council shall have the following duties in relation to the Zoning Ordinance:
(a) Adopt and repeal the Zoning Ordinance;
(b) Amend the Zoning Ordinance.
(c) Approve, modify, or deny applications for conditional uses after review and comment
has been made by the Planning Board. When deciding conditional use permits, the
Town Council or planning board shall follow quasi-judicial procedures. No vote
greater than a majority vote shall be required for the Town Council to issue
conditional use permits. For the purposes of this section, vacant positions on the
council and members who are disqualified from voting on a quasi-judicial matter
shall not be considered 'members of the council' for calculation of the requisite
majority.
18

The Town Council shall approve, modify, or deny the application. In granting a
permit, the Town Council shall find that:
1. The use requested is listed among the conditional uses in the district for which
application is made.
2. The requested use is essential or desirable to the public convenience.
3. The requested use will not impair the integrity or character of the surrounding or
adjoining district, nor be detrimental to the health, morals, or welfare of the
community.
4. Due consideration has been given to the effect of the proposed use upon the
community; requirements for transportation, schools, parks, playgrounds,
recreational areas, conservation of natural resources, preservation of floodplains,
and encouraging the most appropriate use of the land.
5. Adequate utilities, access, road, drainage, sanitation and/or other necessary
facilities have been or are being provided.
6. Adequate measures have been or will be taken to provide ingress or egress so
designed as to minimize traffic congestion in the public streets. (amended 5/7/05)
4-1.2 Amendment Procedure
(a) Submission of Application: Any person seeking a zoning amendment shall initially
submit a request to the enforcement officer at least fifteen (15) days prior to the
regular meeting of the planning board. After review and comments by the planning
board the request shall be submitted to the Town Council for action.
The planning board shall have 30 days to review the request. If no written report is
received from the Planning Board within 30 days of referral of the amendment to that
board, the Town Council may proceed in its consideration of the amendment without
the planning board report. The Town Council is not bound by the recommendations,
if any, of the planning board.
(b) Newspaper Notice: Before action on the amendment, the Town Council shall hold a
public hearing. A notice of the hearing shall be given once a week for two (2)
consecutive calendar weeks in a newspaper have general circulation in the area. The
notice shall be published the first time not more than twenty-five (25) nor less than
ten (10) days before the date fixed for the hearing. In computing such period, the day
of publication is not to be included, but the day of the hearing shall be included.
(c) First -Class Mail Notice: When property is rezoned, the parcel owner and the
adjoining parcel owners, as shown on the county tax listing, shall be notified by
first-class mail. The person giving notice shall certify to the Town Council that the
property owners have been notified. The certificate is conclusive in the absence of
fraud. In the case of large scale rezoning involving more than fifty (50) parcels and at
least fifty (50) different landowners, the Town has the option of forgoing individual
mailed notices in favor of publishing in a newspaper of general circulation in the
19

Green Level area, a half -page notice at least once a week for two (2) successive
calendar weeks prior to the hearing. Property owners living outside of the circulation
of the newspaper must still receive mailed notice.
(d) Posting Property: The property shall also be posted at least one week before the
public hearing. When multiple parcels are included within a proposed zoning map
amendment, a posting on each individual parcel is not required, but the Town shall
post sufficient notices to provide reasonable notice to interested persons.
e) Protest Petition Requirements: Zoning ordinances may from time to time be
amended, supplemented, changed, modified or repealed. In case, however, of a
qualified protest against a zoning map amendment, that amendment shall not become
effective except by favorable vote of three -fourths of all the members of the Town
Council. For the purposes of this subsection, vacant positions on the council and
members who are excused from voting shall not be considered 'members of the
council' for calculation of the requisite supermajority.
1. No protest against any change in or amendment to the zoning ordinanee or
map shall be valid or effective unless it is in the form of a written petition
actually bearing the signatures of the requisite number of property owners and
stating that the signers do protest the proposed change or amendment, and
unless it shall have be received by the Zoning Officer in sufficient time to
allow the community at least two (2) normal work days, excluding Saturdays,
Sundays, and legal holidays, before the date established for a public hearing
on the proposed change or amendment to determine the sufficiency and
accuracy of the petition. A person who has signed a protest petition may
withdraw his or her name from the petition at any time prior to the vote on the
proposed zoning amendment. Only those protest petitions that meet the
qualifying standards set forth in G.S. 160A-385 at the time of the vote on the
zoning amendment shall trigger the supermajority voting requirement.
2. ° : To qualify as a protest under this
section, the petition must be signed by the owners of either (i) twenty percent
(20%) or more of the area included in the proposed change or (ii) five percent
(5%) of a 100-foot-wide buffer extending along the entire boundary of each
discrete or separate area proposed to be rezoned. A street right-of-way shall
not be considered in computing the 100-foot buffer area as long as that street
right-of-way is 100 feet wide or less. When less than an entire parcel of land is
subject to the proposed zoning map amendment, the 100-foot buffer shall be
measured from the property line of that parcel. In the absence of evidence to
the contrary, the city may rely on the county tax listing to determine the
'owners' of potentially qualifying areas. if,. protest petition against
proposed ., e..dmepA : submitted, signed by the o a of twepAy pereepA
/200/_\ o moire, either by the area of the lots included : a proposed ..Lange or
of those irmnediately adjaeopA either in the rear or on either side, extending
20

(1) Small-scale rezoning: A statement analyzing the reasonableness of the proposed
rezoning shall be prepared for each petition for a small-scale rezoning. The
statement must be prepared and presented to the Town Council in writing by the
[petitioner, planning board, zoning administrator] prior to the hearing on the rezoning
petition. The statement must address the following:
1. Size of area and its particular characteristics
2. Consistency of rezoning with the comprehensive plan or other officially
adopted town plans that are applicable
3. Degree of change in uses allowed in relation to surrounding uses
4. Relative harm and benefit to owner, neighbors, and the community
(g) Voting Requirements: A Town Council member shall not vote on any zoning map or
text amendment where the outcome of the matter being considered is reasonably
likely to have a direct, substantial, and readily identifiable financial impact on the
member.
(h) Town Council Statement: Prior to adopting or rejecting any zoning amendment, the
Town Council shall adopt a statement describing whether its action is consistent with
an adopted comprehensive plan and explaining why the Town Council considers the
action taken to be reasonable and in the public interest.
0) Appeals: The Town Council shall not hear any appeals from the Zoning Enforcement
Officer or the Board of Adjustment. Any appeal shall be taken to the North Carolina
Superior Court within thirty (30) days.
4-1.3 Amendments in the Back Creek Watershed:
All amendments to the watershed regulations shall be handled as specified in Article 4,
Section 4-1.2. Under no circumstances shall the Green Level Town Council amend,
supplement or change the watershed regulations that would cause the regulations to
violate the watershed protections rules as adopted by the N. C. Environmental
Management Commission. All amendments shall be filed with the appropriate
division(s) of the N.C. Department of Environment and Natural Resources.N.C.
Division of WatQuality, Tr C. Division of Lrro Envirorm-i„�•ental_ Healthand the al.e�. C.
Division of Community Assistanee.
Section 4-2 - Planning Board.
4-2.1 Organization and Administrative Procedure: The Planning Board shall operate under
the rules established in its by-laws.
4-2.11: The members of the Planning Board shall be appointed by the Green Level
Town Council and the Alamance County Board of Commissioners. Five
members of the Planning Board shall be citizens and residents of the town and
21

shall be appointed by the Town Council; any other members shall be citizens
and residents of the area lying outside the corporate limits of the town but
within the town planning area and shall be appointed in accordance with GS
160A-362. All members of the Planning Board may participate in and vote on
all issues before the Planning Board. (amended 517105)
4-2.2 Duties: The duties of the Planning Board in relation of this ordinance shall be as
follows:
(a) Certify the original ordinance to the Town !`..,,..ci
(b) Review and comment on all amend writs developments;
(c) Review and approve or deny modifications to all zoning ordinances (new)
(d) Make recommendations to the Town Council to approve or deny development in the - - Formatted: indent: Left: 0", Hanging: 0.75"
Town to insure compliance with relevant state and local statutory and local code
restrictions. (new)
(e) Function as the Green Level Board of Adjustment. (amended 517105)
(d) Review and comment on all conditional uses. (amended 517105)
4-2.2.1 Conflict of Interest: Members of the planning board, or other appointed
boards providing advice to the Town Council, shall not vote on
recommendations regarding any zoning map or text amendment where the
outcome of the matter being considered is reasonably likely to have a direct,
substantial, and readily identifiable financial impact on the member.
4-2.2.2 Consistency with Adopted Plans: The Planning Board shall advise and
comment on whether the proposed amendment is consistent with any
comprehensive plan that has been adopted and any other officially adopted
plan that is applicable. The Planning Board shall provide a written
recommendation to the Town Council that addresses plan consistency and
other matters as deemed appropriate by the Planning Board, but a comment by
the Planning Board that a proposed amendment is inconsistent with the
comprehensive plan shall not preclude consideration or approval of the
proposed amendment by the Town Council.
4-2.2.3 Authority: The Town Council may grant the Planning Board decision
making authority regarding matters presented to the board. This does not
prevent the council from considering the issue on its own should it determine
the board's decision warrants reconsideration.
4-2.2.4 owers and Duties: Formatted: Font: Bald
22

(a) Variance: To authorize, in Specific cases, variances from the terms of the - Formatted: Font: Times New Roman, 12 pt
ordinance which will not be contrary to the public interest. Before a Formatted: Indent: Left: 1.25"
variance is granted, the following conditions must exist (amended 5/7/05):
1. jt shall be known that there are extraordinary and exceptional - - - - - - Formatted: Font: Times New Roman, 12 pt
conditions pertaining to the particular piece of property because of its Formatted: Indent: Left: 1.5", Hanging: 0.25", Numbered
size, e, or shap topogaphy that are not applicable to otherlands or + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 1.69" + Indent at: 2"
structures in the same districts.
2. Recommendim. the variance reauested will not confer upon the
applicant any special privileges that are denied to other residents in the
district where the property is located.
'----------------------------------------------
3. The requested variance will be in harmony with the purpose and intent c
of this ordinance and will not be injurious to the neighborhood or to
the general welfare.
'------------------------------------- - - - - -- -
4. A literal interpretation of the provisions of this ordinance would
deprive the applicant of rights commonly enjoyed by other residents of
the district where the property is located.
5. The special circumstances are not the result of the actions of the -
applicants. `
6. The variance requested is the minimum variance that will make
possible the legal use of the land, building, or structure.
7. The variance is not a request to permit a use of the land, buildings, or
structures which is not permitted by right, by special exceptions or
conditional use in the district involved.
(b) Variances in Back Creek Watershed:
1. The Planning Board shall handle minor variances (see definition) as
specified in Article 4, Subsection 4-3.3(c)
2. If a major variance (see definition) is requested, the Planning Board,
after making a favorable decision in granting the request, shall prepare
a preliminary record of the hearing with all deliberate speed. The
preliminary record of the hearing shall include:
(a) the variance application;
(b) the hearing notices:
23
Formatted: Indent: Left: 1.5", Hanging: 0.25", Numbered
+ Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 1.69" + Indent at: 2"
Formatted: Font: Times New Roman, 12 pt
Formatted: Font: Times New Roman, 12 pt
Formatted: Indent: Left: 1.75"
Formatted: Indent: Left: 1.5", Hanging: 0.25", Numbered
+ Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 1.69" + Indent at: 2"
Formatted: Font: Times New Roman, 12 pt
Formatted: Indent: Left: 1.75"
Formatted: Indent: Left: 1.5", Hanging: 0.25", Numbered
+ Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 1.69" + Indent at: 2"
Formatted: Font: Times New Roman, 12 pt
Formatted: Indent: Left: 1.75"
Formatted: Indent: Left: 1.5", Hanging: 0.25", Numbered
+ Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 1.69" + Indent at: 2"
Formatted: Indent: Left: 1.75", No bullets or numbering
Formatted: Font: Times New Roman, 12 pt
Formatted: Indent: Left: 1.5", Hanging: 0.25", Numbered
+ Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 1.69" + Indent at: 2"
Formatted: Indent: Left: 1.75", No bullets or numbering
Formatted: Font: Times New Raman, 12 pt
Formatted: Tab stops: 1.25", Left

i. property will be posted 10 days prior to the meeting;
ii. posted in the newspaper;
iii. letters have to be sent to adjacent land owners;
(c) the evidence presented;
(d) motions, offers of proof, objections to evidence, and rulings on -- - - Formatted: Indent: Left: 1.75", Hanging: 0.25"
them:
(e) proposed findings and exceptions;
(fl the proposed decision, including all conditions proposed to be
added to the permit.
The information shall be sent to appropriate division(s) of the N.C.
Department of Environment and Natural Resources for its review as
follows: appropriate division(s) of the N.C. Department of
Environment and Natural Resources shall review the preliminary
record and determine whether or not: (1) the request qualifies as a
major variance, (2) the property owner can secure no reasonable return
from, more make any gractical use of the property unless the proposed
variance is granted; and (3) the variance, if granted, will not result in a
serious threat to the water supply. Based on its findings the
appropriate division(s) of the N.C. Department of Environment and
Natural Resources shall approve the variance as proposed or approve
the proposed variance with conditions and stipulations, or disapprove
it. The appropriate division(s) of the N.C. Department of Environment
and Natural Resources shall prepare a decision and send it to the
Board. The Board of Adjustment shall prepare a final
recommendation, based on the decision of appropriate division(s) of
the N.C. Department of Environment and Natural Resources.
3. In designated drinking water supply watershed, the administrator shall
notify any jurisdictions within the watershed of a proposed variance to
the watershed regulations. Local governments may submit any -
comments to the Zoning Enforcement Officer before the public
hearing by the Board of Adjustment.
(c) Any matter specified by the Town Council to go before the
Planning Board prior to the Town Council review or for the
council to make a preliminary decision.
4-2.2.5 Appeals: Any and all decisions made by the Planning Board shall be
appealable to the Town Council. The appeal must be filed with the Town
24
- - Formatted: Indent: Left: 1.75", Hanging: 0.25"
.- - - Formatted: Indent: Left: 1.75", Hanging: 0.25", Tab stops:
Not at 1"

manager, in writing, within 30 days of the Planning Boards decision. A verbal
appeal will not be considered valid. After 30 days the Planning Boards
decision shall become final, unless the Town Council decides to review the
Planning Board decision. Nothing in the section shall preclude the Town
Council from acting within its designated authority in the operation of the
Town.
4-2.2.6 Alternate Members: Should anv member of the board become unable to
serve and step down from their position either temporarily or permanently, the
Town Council may, in its discretion, appoint and provide compensation for
alternate members to serve on the board in the absence or temporary
disqualification of any regular member or to fill a vacancy pending
appointment of a member. Alternate members shall be appointed for the same
term, at the same time, and in the same manner as regular members. Each
alternate member, while attending any regular or special meeting of the board
and serving on behalf of any regular member, shall have and may exercise all
the powers and duties of a regular member.
Section 4-3 - Board of Adjustment.
4-3.1 Establishment of the Board —The Planning Board shall function as the Board of
Adjustments. (amended 517105)
4-3.1.1 The Town Council may, in its discretion, appoint and provide compensation
for alternate members to serve on the board in the absence or temporary
disqualification of any regular member or to fill a vacancy pending
appointment of a member. Alternate members shall be appointed for the same
term, at the same time, and in the same manner as regular members. Each
alternate member, while attending any regular or special meeting of the board
and serving on behalf of any regular member, shall have and may exercise all
the powers and duties of a regular member.
4-3.2 Organization and Administrative Procedure: The Board of Adjustment shall operate
under the organizational and administrative procedures established in its by-laws and the
State of North Carolina.
4-3.2.1 All members seated for a meeting may participate in and vote on all issues
before the Board of Adjustments regardless of whether the property involved
is located within the Town or within its extraterritorial area. (amended 5/7/05)
4-3.3 Powers and Duties
(a) Appeal
25

Any person aggrieved by any decision, order, requirement, or determination by
the Zoning Enforcement Officer in the administration of this ordinance may
appeal to the Planning BoardBoard of Adjustment. An appeal shall be made
within fifteen (15) days of the decision, shall be in writing, and shall specify the
reason for the appeal. An appeal shall eei fy the reason for the appeal and be
submitted within a reasonable time. The Zoning Enforcement Office shall
transmit to the Board all papers and other records of the case.
An appeal stays all proceedings unless the Zoning Enforcement Officer certifies
in writing with supporting evidence that a stay would, in his opinion, cause - - Formatted: indent: First line: 0"
imminent peril to life or property, and the Planning Board agrees with the Zoning
Enforcement Officer's assessment and waives the stay. If the Planning Board
waives the stay, the Zoning Enforcement officer will proceed with his/her
decision unless precluded from doing so by a court order issued by a court with
authority over the Town. The Planning Board shall designate a time at least once
a month when all appeals will be heard. The appealing party shall be notified no
less than fifteen (15) days prior to the review date that they must appear for the
matter to be heard. The appealing party may waive this notice requirement in
writing to receive an earlier review date. The board may designate a time limit for
each aggrieved party to present their request for reconsideration, and any evidence
supporting their claims. Any party may appear in person, by agent or by attorney.
If the party does not appear at the designated date and does not request a new
date, in writing, at least five (5) days prior to the hearing date then the Zoning
Enforcement Officers decision will become final and no further recourse will be
available through the town. that a stay would, in his opinion,e imminePA
peril to life or o ertin such cases 00.1. - �ill not stayedother than by
restraining order grantted by the 8,....-d of Adjustment or a couurt. The Board o
Adjustmeiit shall fix a reasonable time to heaf and deeide the appeal. At the
hearing, any party may appear in person; by agent or by attorney.
Any appeal from the decision of the Planning Board Board of Adjustme shall be
taken to the Superior Court within thirty (30) days.
4. The Board of Adjustment shall refuse to hear any case it has previously denied if
it finds that there has been no substantial change in the conditions or
circumstances.
(b) Variance: To authorize, in specific cases, variances from the terms of the ordinance
which will not be contrary to the public interest. Before a variance is granted, the
following conditions must exist (amended 5/7/05):
It shall be known that there are extraordinary and exceptional conditions
pertaining to the particular piece of property because of its size, shape, or
topography that are not applicable to other lands or structures in the same
districts.
26

2. Granting the variance requested will not confer upon the applicant any special
privileges that are denied to other residents in the district where the property is
located.
3. The requested variance will be in harmony with the purpose and intent of this
ordinance and will not be injurious to the neighborhood or to the general welfare.
4. A literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other residents of the district where the
property is located.
5. The special circumstances are not the result of the actions of the applicants.
6. The variance requested is the minimum variance that will make possible the legal
use of the land, building, or structure.
7. The variance is not a request to permit a use of the land, buildings, or structures
which is not permitted by right, by special exceptions or conditional use in the
district involved.
(d) Variances in Back Creek Watershed:
1. The Board of Adjustment shall handle minor variances (see definition) as
specified in Article 4, Subsection 4-3.3(c)
2. If a major variance (see definition) is requested, the Board of Adjustment, after
making a favorable decision in granting the request, shall prepare a preliminary
record of the hearing with all deliberate speed. The preliminary record of the
hearing shall include:
(a) the variance application;
(b) the hearing notices;
(c) the evidence presented;
(d) motions, offers of proof, objections to evidence, and rulings on them:
(e) proposed findings and exceptions;
(1) the proposed decision, including all conditions proposed to be added to
the permit.
The information shall be sent to the Environmental Management Commission for
its review as follows: The Commission shall review the preliminary record and
determine whether or not: (1) the request qualifies as a major variance; (2) the
property owner can secure no reasonable return from, more make any practical
use of the property unless the proposed variance is granted; and (3) the variance,
if granted, will not result in a serious threat to the water supply. Based on its
findings the Commission shall approve the variance as proposed or approve the
proposed variance with conditions and stipulations, or disapprove it. The
27

Commission shall prepare a decision and send it to the Board. The Board of
Adjustment shall prepare a final recommendation, based on€ the decision of the
Commission.
3. In designated drinking water supply watershed, the administrator shall notify any
jurisdictions within the watershed of a proposed variance to the watershed
regulations. Local governments may submit any comments to the Zoning
Enforcement Officer before the public hearing by the Board of Adjustment.
4-3.5 Four -fifths (4/5) Rule: The concurring vote of four -fifths (4/5) of the- members of the
Board of Adjustment shall be necessary:
(a) To reverse any order, requirement, decision, or determination of the Enforcement
Officer;
(b) To decide in favor of the applicant any matter upon which it is require to pass under
this ordinance;
(c) Or to effect any variance authorized by this ordinance.
4-3.6 Procedure to be Used in Processing Appeals and Variances Authorized by the Board
of Adjustment.
The following procedures are to be followed by the Board of Adjustment when
processing appeals and variances and by the Town Council for Conditional Use Permits.
(a) Submission of Application: Any request for an appeal, variance or special exception -
permit conditional use permit shall be made in writing at least fifteen (15) days prior
to the established meeting date of the Board of Adjustment or Town Council. The
request shall be on a form provided by the Zoning Enforcement Officer.
(b) Public Notice: The Town shall post on the property a notice of public hearing
concerning the application at least ten (10) days prior to the hearing. This sign shall
be removed within thirty (30) days after the meeting. In addition, a notice advertising
the event shall be placed in a local newspaper once at least ten (10) days prior to the
date of the hearing.
(c) Action by the Board: After conducting the public hearing, the Board shall approve,
approve conditionally, or disapprove the request. The Board of Adjustment shall
follow the guidelines for appeals and variances as specified in Article 4, subsection
4-3.6.
1. Conflicts of Interest: A member of the board or any other body exercising the
functions of a board of adjustment shall not participate in or vote on any quasi-
judicial matter in a manner that would violate affected persons' constitutional
rights to an impartial decision maker. Impermissible conflicts include, but are not
28

limited to, a member having a fixed opinion prior to hearing the matter that is not
susceptible to change, undisclosed ex parte communications, a close familial,
business, or other associational relationship with an affected person, or a financial
interest in the outcome of the matter. If an objection is raised to a member's
participation and that member does not recuse himself or herself, the remaining
members shall by majority vote rule on the objection.
2. Voting: Vacant positions on the board and members who are disqualified from
voting on a quasi-judicial matter shall not be considered 'members of the board
for calculation of the requisite supermajority if there are no qualified alternates
available to take the place of such members.
Section 4-4 - Zonina Enforcement ProEram.
4-4.1 Zoning Enforcement Officer: The Town Council may assume the duties of the Zoning
Enforcement Officer or appoint someone to the position. The Zoning Enforcement
Officer shall enforce and administer the provisions of this ordinance. If a ruling of the
Zoning Enforcement Officer is questioned, the aggrieved party or parties may appeal the
ruling to the Board of Adjustment.
4-4.2 Building and Zoning Permit Required: No building, sign, or other structure shall be
erected, moved, extended, enlarged, or structurally altered, nor shall any excavation or
filling of any lot for the construction of any building be commenced until the zoning
permit and the Alamance County Inspections Department has issued a building permit.
4-4.3 Application for Zoning Permit: Each application to the Zoning Enforcement Officer
for a zoning permit shall be accompanied by plans in duplicate showing the following:
(a) The actual dimensions of the lot to be built upon;
(b) The size of the building to be erected;
(c) The location of the building structures on the lot;
(d) The location of existing structures on the lot, if any;
(e) The number of dwelling units the building is designed to accommodate;
(1) The approximate setback lines of buildings on adjoining lots;
(g) The intended use of the property; and
(h) Any other information that may be essential for determining whether the provisions
of this ordinance are being observed.
29

4-4.4 Certificate of Occupancy Required:
(a) A certificate of occupancy issued by the Zoning Enforcement Officer is required in
advance of the occupancy or use of a building hereafter erected or changes of use of
any building or land.
(b) A certificate of occupancy, either for the whole or a part of a building, shall be
applied for coincident with the application for a zoning permit and shall be issued
within then (10) days after the erection or structural alteration of such buildings, or
part, shall have been completed in conformity with the provisions of this ordinance.
A certificate of occupancy shall not be issued unless the proposed use of a building or
land conforms to the applicable provisions of this ordinance. If the certificate of
occupancy is denied, the Zoning Enforcement Officer shall state in writing the
reasons for refusal and the applicant shall be notified of the refusal. A record of all -- - - Formatted: indent: First line: 0"
certificates shall be kept on file in the office of the Zoning Enforcement Officer.
4-4.5 Recordkeeping in the Back Creek Watershed: The Zoning Enforcement Officer shall
enforce the provisions of the zoning ordinance as specified in Article 4, Subsection 4-4.1.
Within the Back Creek watershed, he shall have the following additional duties:
1. Submit copies of all amendments upon adoption to the appropriate division(s) of the
N.C. Department of Environment and Natural Resources. Supen,: of &F.r.e
Classification and Standards Group, Division of Water Quality.
2. Keep records of variances to the watershed regulations. This record shall be
submitted to the appropriate division(s) of the N.C. Department of Environment and
Natural Resources.c e of the !`1, ssif:eation and Standards n_.-ou Division-4-
Water Quality on or before January 1 of each year and shall provide a description of
each project receiving a variance and the reasons for granting the variance.
3. Keep records of the jurisdiction's utilization of the provision that a maximum of f-N e
ten percent (510%) of the balance of the watershed of the Back Creek Watershed
(WS-II) may be developed with non-residential development to a maximum of
seventy percent (70%) built -upon area.
4. Maintain files for each watershed that include the total acres of balance of watershed
area, total acres eligible to be developed in the 510/70 option, and individual records
for each project with the following information: location, acres, site plan, and use.
5. Monitor land use activities in the watershed to identify situations that may threaten
water quality. He shall report these situations to the agency with direct regulatory
responsibility for these activities.
30

ARTICLE 5 - ESTABLISHMENT OF DISTRICTS
Section 5-1 - Use of Districts Named.
For the purpose of this ordinance the Town of Green Level is divided into the following use
districts:
District
R-80 (0) Watershed — Critical Area Overlay District
R-40 (0) Watershed — Balance of Watershed No Area Overlay
R-WS
Residential
— Watershed District
R-A
Residential
— Residential Agricultural
R-12
Residential
— General District
R-E
Residential
— Exclusive District
R-ME
Residential
— Multi -Family District
R-MHP
Residential
— Manufactured Housing Park District
H-B
Highway —
Business District
M-1
Limited Manufacturing District
M-2
General Manufacturing District
Section 5-2 - District Boundaries Shown on Zoning Map.
The boundaries of the district as shown on the map accompanying this ordinance are entitled
"Official Zoning Map, Green Level, North Carolina". The zoning map and all the notations,
references, amendments and other information shown are a part of this ordinance the same as if
the information set forth on the map was all fully described. The zoning map properly attested is
posted at the Green Level Town Office and is available for inspection by the public.
Section 5-3 - Due Consideration to District Boundaries.
Where uncertainty exists as to the boundaries of any of the districts as shown on the zoning map,
the following rules shall apply:
5-3.1 Where the district boundaries are indicated as approximately following streets, alley, or
highways, the center line shall be construed to be the boundaries.
5-3.2 Where district boundaries are indicated as approximately following lot lines, the lot lines
shall be construed to be the boundaries.
5-3.3 Where district boundaries are indicated as approximately being parallel to the center lines
of street, alleys, highways, or the right-of-ways of the same, the district boundaries shall
be construed as being parallel and at the distance indicated on the zoning map.
5-3.4 Where a district boundary line divides a lot or tract in single ownership, the district
requirements for the least restricted portion of the lot or tract shall be deemed to apply to
the whole provided such extensions shall not include a part of a lot or tract more than
31

thirty-five (35) feet beyond the district boundary line. The term "least restricted" shall
refer to use restrictions, not lot or tract size.
Section 5-4 - Only One Official Man.
The final authority for the current zoning status of land, building or other structures in the
affected territory shall be the official zoning map, which is located in the Town Hall. If any
copies of the official map are different from the original map, the official map shall be the final
authority.
ARTICLE 6 - USES BY DISTRICTS
Section 6-1 R-80 (0) Watershed - Critical Area Overlay District.
6-1.1 Intent: The Watershed - Critical Area Overlay District is the land located adjacent to the
shoreline of the Graham -Mebane Raw Water Reservoir at normal level extending to a
point either to the ridge line of the watershed or approximately one mile from the normal
pool level whichever is shorter. By controlling density and the type of development,
future development around the reservoir will not pollute this drinking water supply.
6-1.2 Permitted Uses:
Accessory uses and structures including, but not limited to private garage, utility
buildings, or swimming pools.
Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990 conducted after January 1, 1993 shall
maintain a minimum ten (10) foot vegetative buffer, or equivalent control as determined
by the Soil and Water Conservation Commission, along all perennial waters indicated on
the most recent versions of U. S. G. S. 1:24,000 (7.5 minutes) scale topographic maps or
as determined by local government studies. Animal operations greater than 100 animal
units shall employ BMP's by July 1, 1994 recommended by the Soil and Water
Conservation Commission.
Churches and their customary related uses including cemeteries, provided all buildings
and graves shall be setback at least twenty (20) feet from any property line.
Day-care facilities, licensed by the State of North Carolina.
Dwellings, single-family, including site -built, modular units, and Class A manufactured
homes.
Incidental home occupations.
Parks, playground, community centers.
32

Public safety facilities, such as fire, rescue, police, or emergency medical vehicles,
provided:
(1) All vehicles and equipment shall be stored indoors;
(2) All buildings shall be setback at least twenty (20) feet from all property lines;
(3) and the facilities shall be designed and landscaped to blend in with the
surrounding area.
Family Care Homes licensed by the State of North Carolina.
Public works and public utility facilities such as transformer stations, pumping stations,
water towers, telephone exchanges and relay towers provided:
(1) no materials or vehicles shall be stored on the premises;
(2) All buildings and apparatus shall be set back at least twenty (20) feet from the
property lines and shall be designed and landscaped in such a way as to blend in
to the surrounding area.
Schools, public and private.
Silviculture, using Best Management Practices required to implement the provisions of
the Forest Practices Guidelines Related to Water Quality ( 15 NCAC 11.6101-0209).
Off-street parking subject to Article 9.
Signs subject to Article 10.
6-1.3 Prohibited Uses:
Landfills
Land application sites for sludge/residuals or petroleum contaminated soils
Metal salvage facilities including junkyards
The storage of toxic materials unless a spill containment plan is implemented.
6-1.4 Conditional Uses:
None specified
6-1.5 Dimensional Requirements
33

(a) Density/Built-upon limits: Single-family residential development shall not exceed
one dwelling unit per two (2) acres on a project by project basis. No residential lot
shall be less than two acres, except in an approved cluster development. All other
residential and non-residential development shall not exceed six percent (6%)
built -upon area on a project by project basis.
(b) Lot Width: Each lot shall be at least one hundred (100) feet wide at the building
line.
(c) Front Yard Setback: The principal building shall have a minimum front yard
setback of thirty (30) feet, measured from the building setback line and the
right-of-way.
(d) Side Yard Setback: The principal building shall have a minimum side yard setback
of at least fifteen (15) feet on both sides. When a side yard abuts a street or highway
it shall be at least twenty (20) feet in width.
(e) Rear Yard Setback: The principal building shall have a minimum rear yard setback
of twenty (20) feet, measured from the nearest point of the building and the rear lot
line.
(f) Building Height: Every principal use or accessory use shall not exceed thirty-five
feet in height.
(g) Accessory Buildings: Accessory buildings shall not be located in a front yard of a
principal building, or within twenty (20) feet of any street right-of-way, or within five
(5) feet of any lot line not a street.
6-1.6 Clustering
Clustering of development is allowed in all drinking water supply watershed areas under
the following conditions:
(a) Minimum lot sizes are not applicable to single family cluster development projects;
however, the total number of lots shall not exceed the number of lots allowed for
single family detached developments in the Back Creek Watershed. Built -upon area
or stormwater control requirements of the project shall not exceed that allowed for the
critical area or balance watershed, whichever applies.
(b) All built -upon area shall be designed and located to minimize stormwater runoff
impact to the receiving waters and minimize concentrated stormwater flow.
(c) The remainder of the tract shall remain in a vegetated or natural state. The title to
the open space areas shall be conveyed to an incorporated homeowners association
for management.; to a local government for preservation as a park or open space; or
to a conservation organization for preservation in a permanent easement. Where a
34

property association is not incorporated, a maintenance agreement shall be filed with
the property deeds.
6-1.7 Buffers
(a) A minimum fifty (50) foot undisturbed vegetative buffer is required along all
perennial waters indicated on the most recent versions of U. S. G. S. 1:24,000 (7.5
minute) scale topographic maps or as determined by local government studies, and as
shown on the Official Zoning Map. Desirable artificial stream bank or shoreline
stabilization is permitted.
(b) No new development is allowed in the buffer except for water dependent and public
projects such as federal or state highways, public utilities and greenways where no
practical alternative exist. These activities should minimize built -upon surface area,
direct runoff away from the surface waters and maximize the utilization of
stormwater Best Management Practices.
Section 6-2 R-40 (0) Watershed - Ralance of Watershed "To�Area Overlay , - Formatted: Font: Bold, underline
District.
6-2.1 Intent
To protect the remaining part of the drinking water supply watershed from pollution.
Uses and density of development are restricted, but not as severe as in the critical area.
6-2.2 Permitted Uses:
Accessory uses and structures including, but not limited to private garage, utility
buildings, or swimming pools.
Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990 conducted after January 1, 1993 shall
maintain a minimum ten (10) foot vegetative buffer, or equivalent control as determined
by the Soil and Water Conservation Commission, along all perennial waters indicated on
the most recent versions of U. S. G. S. 1:24,000 (7.5 minutes) scale topographic maps or
as determined by local government studies. Animal operations greater than 100 animal
units shall employ best management practices (BMPs) by July 1, 1994 recommended by
the Soil and Water Conservation Commission.
Churches and their customary related uses including cemeteries, provided all buildings
and graves shall be setback at least twenty (20) feet from any property line.
Day-care facilities, licensed by the State of North Carolina.
Dwellings, single-family, including site -built, modular units, and Class A manufactured
homes.
35

Incidental home occupations.
Parks, playground, community centers.
Public safety facilities, such as fire, rescue, police, or emergency medical vehicles,
provided:
(1) All vehicles and equipment shall be stored indoors;
(2) All buildings shall be setback at least twenty (20) feet from all property lines;
(3) and the facilities shall be designed and landscaped to blend in with the
surrounding area.
Family Care Homes licensed by the State of North Carolina.
Public works and public utility facilities such as transformer stations, pumping stations,
water towers, telephone exchanges and relay towers provided:
(1) no materials or vehicles shall be stored on the premises;
(2) All buildings and apparatus shall be set back at least twenty (20) feet from the
property lines and shall be designed and landscaped in such a way as to blend in
to the surrounding area.
Schools, public and private.
Silviculture, using Best Management Practices required to implement the provisions of
the Forest Practices Guidelines Related to Water Quality ( 15 NCAC 11.6101-0209).
Off-street parking subject to Article 9.
Signs subject to Article 10.
6-2.3 Prohibited Uses:
Landfills
Land application sites for sludge/residuals or petroleum contaminated soils
Metal salvage facilities including junkyards
The storage of toxic materials unless a spill containment plan is implemented.
6-2.4 Conditional Uses (Town Council)
36

The Green Level Town Council shall approve, modify, or deny a permit for
nonresidential uses permitted in the R 40 Overlay District to increase its built -upon
surface area limits from 12% up to a maximum of 70%. However, non-residential
development may not occupy more than 5% of the balance of the Back Creek Watershed
in Green Level's jurisdiction with a 70% built -upon surface area.
Bed and Breakfast Inn- The applicant must submit a plat showing the location of parking,
buildings, adjacent uses, accessibility to thoroughfares and buffering. The plat shall
show or state the type of buffering.
No bed and breakfast inn or other similar use shall locate within 400 ft. of a rooming
house, boarding house, or another bed and breakfast inn.
6-2.5 Dimensional Requirements
(a) Density/Built-upon limits: Single-family residential development shall not exceed
one dwelling unit per acre on a project by project basis. No residential lot shall be
less than one acre, except in an approved cluster development. All other residential
and non-residential development shall not exceed twelve percent (12%) built -upon
area on a project by project basis except up to five -ten percent (103%) of the balance
of the watershed may be developed for nonresidential uses to 70% built upon area.
(b) Lot Width: Each lot shall be at least one hundred (100) feet wide at the building
line.
(c) Front Yard Set back: The principal building shall have a minimum front yard
setback of thirty (30) feet, measured from the building setback line and the
right-of-way.
(d) Side Yard Setback: The principal building shall have a minimum side yard setback
of at least fifteen (15) feet on both sides. When a side yard abuts a street or highway
it shall be at least twenty (20) feet in width.
(e) Rear Yard Setback: The principal building shall have a minimum rear yard setback
of twenty (20) feet, measure from the nearest point of the building and the rear lot
line.
(1) Building Height: Every principal use or accessory use shall not exceed thirty-five
feet in height.
(g) Accessory Buildings: Accessory buildings shall not be located in a front yard of a
principal building, or within twenty (20) feet of any street right-of-way, or within five
(5) feet of any lot line not a street.
37

6-2.6 Clustering
Clustering of development is allowed in all drinking water supply watershed areas under
the following conditions:
(a) Minimum lot sizes are not applicable to single family cluster development projects;
however, the total number of lots shall not exceed the number of lots allowed for
single family detached developments in the Back Creek Watershed. Built -upon area
or stormwater control requirements of the project shall not exceed that allowed for the
critical area or balance watershed, whichever applies.
(b) All built -upon area shall be designed and located to minimize stormwater runoff
impact to the receiving waters and minimize concentrated stormwater flow.
(c) The remainder of the tract shall remain in a vegetated or natural state. Where the
development has an incorporated property owners association, title of the open space
areas shall be conveyed to the association for management. Where a property
association is not incorporated, a maintenance agreement shall be filed with the
property deeds.
6-2.7 Buffers
(a) A minimum fifty (50) foot undisturbed vegetative buffer is required along all
perennial waters indicated on the most recent versions of U. S. G. S. 1:24,000 (7.5
minute) scale topographic maps or as determined by local government studies, and as
shown on the Official Zoning Map. Desirable artificial stream bank or shoreline
stabilization is permitted.
(b) No new development is allowed in the buffer except for water dependent and public
projects such as federal or state highways, public utilities and greenways where no
practical alternative exist. These activities should minimize built -upon surface area,
direct runoff away from the surface waters and maximize the utilization of
stormwater Best Management Practices.
Section 6-3 R-WS Residential Watershed District.
6-3.1 Intent
To protect the drinking water supply watershed from pollution, by restricting the uses and
density of development.
6-3.2 Permitted Uses:
38

Accessory uses and structures including, but not limited to private garage, utility
buildings, or swimming pools.
Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990 conducted after January 1, 1993 shall
maintain a minimum ten (10) foot vegetative buffer, or equivalent control as determined
by the Soil and Water Conservation Commission, along all perennial waters indicated on
the most recent versions of U. S. G. S. 1:24,000 (7.5 minutes) scale topographic maps or
as determined by local government studies. Animal operations greater than 100 animal
units shall employ best management practices (BMPs) by July 1, 1994 recommended by
the Soil and Water Conservation Commission.
Churches and their customary related uses including cemeteries, provided all buildings
and graves shall be setback at least twenty (20) feet from any property line.
Day-care facilities, licensed by the State of North Carolina.
Dwellings, single-family, including site -built, modular units, and Class A manufactured
homes.
Incidental home occupations.
Parks, playground, community centers.
Public safety facilities, such as fire, rescue, police, or emergency medical vehicles,
provided:
(1) All vehicles and equipment shall be stored indoors;
(2) All buildings shall be setback at least twenty (20) feet from all property lines;
(3) and the facilities shall be designed and landscaped to blend in with the
surrounding area.
Family Care Homes licensed by the State of North Carolina.
Public works and public utility facilities such as transformer stations, pumping stations,
water towers, telephone exchanges and relay towers provided:
(1) no materials or vehicles shall be stored on the premises;
(2) All buildings and apparatus shall be set back at least twenty (20) feet from the
property lines and shall be designed and landscaped in such a way as to blend in
to the surrounding area.
Schools, public and private
39

Silviculture, using Best Management Practices required to implement the provisions of
the Forest Practices Guidelines Related to Water Quality ( 15 NCAC 11.6101-0209).
Off-street parking subject to Article 9.
Signs subject to Article 10.
6-3.3 Prohibited Uses:
Landfills
Land application sites for sludge/residuals or petroleum contaminated soils
Metal salvage facilities including junkyards
The storage of toxic materials unless a spill containment plan is implemented.
6-3.4 Conditional Uses (As Approved by the Town Council)
The Green Level Town Council shall approve, modify, or deny a permit for non-
residential uses permitted in the R WS District, to increase its built -upon surface area
limits from 12% up to a maximum of 70%. However, non-residential development may
not occupy more than 5% of the balance of the Back Creek Watershed in Green Level's
jurisdiction with a 70% built -upon surface area.
Bed and Breakfast Inn -The applicant must submit a plat showing the location of parking,
buildings, adjacent uses, accessibility to thoroughfares and buffering. The plat shall show
or state the type of buffering.
No bed and breakfast inn or other similar use shall locate within 400 ft. of a rooming
house, boarding house, or another bed and breakfast inn.
6-3.5 Dimensional Requirements
(a) Density/Built-upon limits: Single-family residential development shall not exceed
one dwelling unit per acre on a project by project basis. No residential lot shall be
less than one acre, except in an approved cluster development. All other residential
and non-residential development shall not exceed twelve percent (12%) built -upon
area on a project by project basis except up to five percent (5%) of the balance of the
watershed may be developed for nonresidential uses to 70% built upon area.
(b) Lot Width: Each lot shall be at least one hundred (100) feet wide at the building
line.
(c) Front Yard Set backSetback: The principal building shall have a minimum front
40

yard setback of thirty (30) feet, measured from the building setback line and the
right-of-way.
(d) Side Yard Setback: The principal building shall have a minimum side yard setback
of at least fifteen (15) feet on both sides. When a side yard abuts a street or highway
it shall be at least twenty (20) feet in width.
(e) Rear Yard Setback: The principal building shall have a minimum rear yard setback
of twenty (20) feet, measure from the nearest point of the building and the rear lot
line.
(1) Building Height: Every principal use or accessory use shall not exceed thirty-five
feet in height.
(g) Accessory Buildings: Accessory buildings shall not be located in a front yard of a
principal building, or within twenty (20) feet of any street right-of-way, or within five
(5) feet of any lot line not a street.
6-3.6 Clustering
Clustering of development is allowed in all drinking water supply watershed areas under
the following conditions:
(a) Minimum lot sizes are not applicable to single family cluster development projects;
however, the total number of lots shall not exceed the number of lots allowed for
single family detached developments in the Back Creek Watershed. Built -upon area
or stormwater control requirements of the project shall not exceed that allowed for the
critical area or balance watershed, whichever applies.
(b) All built -upon area shall be designed and located to minimize stormwater runoff
impact to the receiving waters and minimize concentrated stormwater flow.
(c) The remainder of the tract shall remain in a vegetated or natural state. Where the
development has an incorporated property owners association, title of the open space
areas shall be conveyed to the association for management. Where a property
association is not incorporated, a maintenance agreement shall be filed with the
property deeds.
6-3.7 Buffers
(a) A minimum tlurt}-fif�(3950) foot undisturbed vegetative buffer is required along all
perennial waters indicated on the most recent versions of U. S. G. S. 1:24,000 (7.5
minute) scale topographic maps or as determined by local government studies, and as
shown on the Official Zoning Map. Desirable artificial stream bank or shoreline
stabilization is permitted.
41

(b) No new development is allowed in the buffer except for water dependent and public
projects such as federal or state highways, public utilities and greenways where no
practical alternative exist. These activities should minimize built -upon surface area,
direct runoff away from the surface waters and maximize the utilization of
stormwater Best Management Practices.
Section 6-3-1 Residential Agricultural (RA) Zoning District
6-3-1.11ntent
The intent of this Zoning District is primarily for agricultural uses, the preservation of
important natural areas, outdoor recreation space and other very low intensity uses. These
areas are usually not served by public water or sewer facilities are not yet appropriate for
development at higher densities.
6-3-1.2 Permitted Uses
Agricultural or Horticultural, including the retail sale of products produced on the
property. Churches and their customary uses including cemeteries, provided that all
building an graves are setback at least 20 feet from any property line.
Parks, Playgrounds, and Community Center
Site Built and Modular Home
Family Care Home
Schools
Municipal Building
Family Care Homes
Public Safety Facilities
Prohibited Uses, Refer to Use Table
6-3-1.3Conditional Uses
Bed and Breakfast Inn -The applicant must submit a plat showing the location of parking,
buildings, adjacent uses, accessibility to thoroughfares and buffering. The plat shall show
or state the type of buffering.
No bed and breakfast in nor other similar use shall locate within 400 ft. of a rooming
house, boarding house, or another bed and breakfast inn.
42

6-3-1.4Dimensional Requirements
a) Lot Size: More than 12, 000 sq. feet
b) Lot Width: 80 feet at the building line
c) Front Yard Setback: 30 feet at the building line
d) Side Yard: Principal building shall have a minimum rear yard setback of 10 feet on
both sides. When a side yard abuts a street or highway it shall be at least 15 feet in
width.
e) Rear Yard Setback: The principal building shall have a minimum rear yard setback of
20 feet, measured from the nearest point of the building rear lot line.
f) Building Height -Every principal use or accessory use shall not exceed 35 feet in
height.
f) Accessory Buildings: Accessory buildings shall not be located in a front yard of a
principal building, or within 20 feet of any street right-of-way, or within five (5) feet
of any lot line not a street.
Section 6-4 R-12 Residential District
6-4.1 Intent
A medium density residential district inside the corporate limits where the primary uses
are single-family dwelling units and other compatible uses such as churches and schools.
New development is required to have both public water and sewer services provided at the
developer's expense.
6-4.2 Permitted Uses
Accessory uses and structures including, but not limited to private garage, utility
buildings, or swimming pools.
Agriculture or horticulture, including the retail sale of products produced on the property.
Churches and their customary related uses including cemeteries, provided that all
building and graves are setback at least twenty (20) feet from any property line.
Day-care facilities, licensed by the State of North Carolina.
Dwellings, single-family, including site -built, modular units, and Class A manufactured
homes.
43

Incidental home occupations.
Parks, playground, community centers.
Public safety facilities, such as fire, rescue, police, or emergency medical vehicles,
provided:
(1) All vehicles and equipment shall be stored indoors;
(2) All buildings shall be setback at least twenty (20) feet from all property lines;
(3) and the facilities shall be designed and landscaped to blend in with the
surrounding area.
Family Care Homes licensed by the State of North Carolina.
Public works and public utility facilities such as transformer stations, pumping stations,
water towers, telephone exchanges and relay towers provided:
(1) no materials or vehicles shall be stored on the premises;
(2) All buildings and apparatus shall be set back at least twenty (20) feet from the
property lines and shall be designed and landscaped in such a way as to blend in
to the surrounding area.
Schools, public and private.
Off-street parking subject to Article 9.
Signs subject to Article 10.
6-4.3 Prohibited Uses
Landfills
Land application sites for sludge/residuals or petroleum contaminated soils
Metal salvage facilities including junkyards
The storage of toxic materials unless a spill containment plan is implemented.
6-4.4 Conditional Uses
Bed and Breakfast Inn- The applicant must submit a plat showing the location of parking,
buildings, adjacent uses, accessibility to thoroughfares and buffering. The plat shall show
44

or state the type of buffering.
No bed and breakfast inn or other similar use shall locate within 400 ft. of a rooming
house, boarding house, or another bed and breakfast inn.
6-4.5 Dimensional Requirements
(a) Lot Size: Each single-family dwelling unit or other permitted use shall be located on
a lot with at least twelve thousand (12,000) square feet.
(b) Lot Width: Each lot shall be at least eighty (80) feet wide at the building line.
(c) Front Yard Setback: The principal building shall have a minimum front yard
setback of thirty (30) feet, measured from the building setback line and the
right-of-way.
(d) Side Yard Setback: The principal building shall have a minimum side yard setback
of at least ten (10) feet on both sides. When a side yard abuts a street or highway it
shall be at least fifteen (15) feet in width.
(e) Rear Yard Setback: The principal building shall have a minimum rear yard setback
of twenty (20) feet, measured from the nearest point of the building and the rear lot
line.
(1) Building Height: Every principal use or accessory use shall not exceed thirty-five
feet in height.
g) Accessory Buildings: Accessory buildings shall not be located in a front yard of a
principal building, or within twenty (20) feet of any street right-of-way, or within five
(5) feet of any lot line not a street.
(h) New Residential Buildings: All new residential buildings shall be a minimum of
1,200 square feet in size.
Section 6-5 R-E Residential - Exclusive District
6-5.1 Intent
A single-family residential district to accommodate new subdivisions of site built or
modular units that comply with the North Carolina Building Code along with a limited
number of compatible non-residential uses. For the purpose of this section, a new
subdivision is one that the final plat has not been approved before September 12, 1997.
New development is required to have both public water and sewer services provided at
the developer's expense.
45

6-5.2 Permitted Uses:
Accessory uses and structures including, but not limited to private garage, utility
buildings, or swimming pools.
Agriculture or horticulture, including the retail sale of products produced on the property.
Churches and their customary related uses including cemeteries, provided that all
building and graves are setback at least twenty (20) feet from any property line.
Day-care facilities, licensed by the State of North Carolina.
Dwellings, single-family - including site -built and modular units.
Incidental home occupations.
Parks, playgrounds, and community centers.
Public safety facilities, such as fire, rescue, police, or emergency medical vehicles,
provided:
(1) All vehicles and equipment shall be stored indoors;
(2) All buildings shall be setback at least twenty (20) feet from all property lines;
(3) and the facilities shall be designed and landscaped to blend in with the
surrounding area.
Family Care Homes licensed by the State of North Carolina.
Public works and public utility facilities such as transformer stations, pumping stations,
water towers, telephone exchanges and relay towers provided:
(1) no materials or vehicles shall be stored on the premises;
(2) All buildings and apparatus shall be set back at least twenty (20) feet from the
property lines and shall be designed and landscaped in such a way as to blend in
to the surrounding area.
Schools, public and private.
Off-street parking subject to Article 9.
Signs subject to Article 10.
46

6-5.3 Prohibited Uses
Landfills
Land application sites for sludge/residuals or petroleum contaminated soils
Metal salvage facilities including junkyards
The storage of toxic materials unless a spill containment plan is implemented.
Class A, B, or C Manufactured Homes
6-5.4 Conditional Uses
Bed and Breakfast Inn- The applicant must submit a plat showing the location of parking,
buildings, adjacent uses, accessibility to thoroughfares and buffering. The plat shall show
or state the type of buffering.
No bed and breakfast inn or other similar use shall locate within 400 ft. of a rooming
house, boarding house, or another bed and breakfast inn.
6-5.5 Dimensional Requirements
New subdivisions shall comply with the following requirements:
(a) Lot Size: Each single-family dwelling unit or other permitted use shall be located on
a lot with at least twelve thousand (12,000) square feet.
(b) Lot Width: Each lot shall be at least eighty (80) feet wide at the building line.
(c) Front Yard Setback: The principal building shall have a minimum front yard
setback of thirty (30) feet, measured from the building setback line and the
right-of-way.
(d) Side Yard Setback: The principal building shall have a minimum side yard setback
of at least ten (10) feet on both sides. When a side yard abuts a street or highway it
shall be at least fifteen (15) feet in width.
(e) Rear Yard Setback: The principal building shall have a minimum rear yard setback
of twenty (20) feet, measured from the nearest point of the building and the rear lot
line.
(1) Building Height: Every principal use or accessory use shall not exceed thirty-five
47

feet in height.
g) Accessory Buildings: Accessory buildings shall not be located in a front yard of a
principal building, or within twenty (20) feet of any street right-of-way, or within five
(5) feet of any lot line not a street.
(h) New Residential Buildings: All new residential buildings shall be a minimum of
1,400 square feet in size.
Section 6-6 R-MF Residential - Multi -Family Dwellings.
6-6.1 Intent
A high density residential district inside the corporate limits. The primary uses are
single-family duplex, and multi -family dwelling units and other compatible uses such as
churches and schools. Site -built and modular units are permitted. New multi -family
dwelling are required to have both public water and sewer services provided at the
developer's expense.
6-6.2 Permitted Uses
Bona Fide Farms, subject to other federal, state, and local regulations.
Churches and their customary related uses including cemeteries, provided that all
buildings and graves shall be set back at least twenty (20) feet from any property line.
Dwellings, multi -family units
Dwellings, single-family
Incidental home occupations
Parks (public or private), playgrounds, community centers
Public safety facilities, such as fire, rescue, police or emergency medical stations,
provided
(1) all vehicles and equipment shall be stored indoors:
(2) that all buildings shall be set back at least twenty (20) feet from all property
lines;
(3) and the facilities shall be designed and landscaped to blend in with the
surrounding area.
Public works and public utility facilities such as transformer stations, pumping stations,
water towers, telephone exchanges and relay towers, provided:
48

(1) No materials or vehicles shall be stored on the premises;
(2) All buildings and apparatus shall be setback at least twenty (20) feet from the
property lines and shall be designed and landscaped in such a way as to blend in
the surrounding area;
(3) Facilities that present a danger to the public shall be surrounded by a
chain -link fence six (6) feet in height.
Off-street parking, subject to the regulations in Article 9
Signs, subject to the regulations of Articles 10
6-6.3 Conditional Uses
None specified
6-6.4 Prohibited Uses
Landfills
Land application sites for sludge/residuals or petroleum contaminated soils
Metal salvage facilities including junkyards
The storage of toxic materials unless a spill containment plan is implemented.
6-6.5 Dimensional Requirements
Multi -family Dwellings
(a) Lot Size: A multi -family building shall have six thousand (6,000) square feet for the
first dwelling unit and three thousand (3,000) for each additional dwelling unit in the
same building. For each building, the calculations must start over. For an example,
in an apartment complex with two (2) buildings and four (4) apartments in each
building the total lot size shall be at least thirty thousand (30,000) square feet (
building #1 = 6,000 + 3,000 + 3,000 = 15,000 square feet; building #2 = 15,000
square feet).
(b) Lot Width: Each lot shall be at least eighty (80) feet wide at the building line.
(c) Setbacks: The principal building nearest the property lines shall comply with
setbacks (front, side, and rear) specified in the R 12 Residential District.
(d) Building Height: Every principal building or accessory building shall not exceed
thirty-five (35) feet in height.
49

Other Uses
(a) All other permitted uses in the R-MF District shall comply with the lot requirements
specified for the R-12 District.
6-6.6 Supplemental Development Standards (moved from Section 11-4)
a) Definition: A multi -family development consists of two or more multi -family
buildings or three or more duplexes on a single tract of land.
(b) Open Space: A minimum of fifteen (15) percent of the gross acreage shall be
reserved as open space.
(c) Recreation Facilities: Family oriented multi -family projects shall provide
recreational space based on the number of bedrooms as established in the following
table.
Number of Bedrooms Minimum Space per
Per Apartment Bedroom (square feet)
1-bedroom apartment 0
2-bedroom apartment 25
3-bedroom apartment 50
4-bedroom apartment 100
These recreational areas shall be reasonably located to assure safe and convenient access.
These areas shall not be less than thirty (30) feet times thirty (30) feet or nine hundred
(900) square feet in area. Projects which would provide less than nine hundred (900)
square feed based on the above formula shall be exempt from this requirement.
(d) Spacing Between Circulation System and Buildings: Automobile parking spaces
and drives shall not be located closer than ten (10) feet to the front, side or rear of any
building.
(e) Building Relationships: One (1) building wall that has both window and door
openings shall be located no closer than fifty (50) feet to another building. Two (2)
building walls that have only window openings or only door openings shall be
located not closer than twenty-five (25) feet to another building.
(1) Courtyard: Any group of buildings forming a courtyard shall have at least
twenty-five (25) of the perimeter of such courtyard open for access by emergency
vehicles.
g) Landscaping: Adequate landscaping (as determined by the Planning Board) may be
included to buffer the development from its neighbors.
50

(h) Perimeter Requirement: No building shall be erected, reconstructed, altered, or
moved nearer the exterior project property lines than twenty (20) feet or the
applicable district yard requirements, whichever is greater.
i) Solid Waste Disposal: A plan for solid waste storage collection and disposal shall
be submitted to the Zoning Enforcement Officer and approval obtained prior to
issuance of a Zoning Permit.
0) Streets: Streets shall either be public or private. However, all streets shall be paved
and built to the minimum construction standards of the North Carolina Department of
Transportation, Division of Highways.
Section 6-7 R-MHP Manufactured Home Park
6-7.1 Intent
Residential areas within the community where manufactured homes can be
accommodated, provided certain development standards are met. Other compatible uses
are also permitted here. New manufactured home parks are required to have both public
water and sewer services provided at the developer's expense.
6-7.2 Permitted Uses
Manufactured Home Parks, subject to the dimensional and supplemental development
requirements below.
Dwelling, Single -Family, including site built, modular, and Class A and B manufactured
homes
Incidental home occupations
Public works and public utility facilities such as transformer stations, pumping stations,
water towers, telephone exchanges and relay towers, provided:
(1) No materials or vehicles shall be stored on the premises;
(2) All buildings and apparatus shall be setback at least twenty (20) feet from the
property lines and shall be designed and landscaped in such a way as to blend in
to the surround area.
(3) Facilities that present a danger to the public shall be surrounded by a
chain -link fence six (6) feet in height
Off-street parking, subject to Article 9
51

Signs, subject to Article 10
6-7.3 Prohibited Uses
Landfills
Land application sites for sludge/residuals or petroleum contaminated soils
Metal salvage facilities including junkyards
The storage of toxic materials unless a spill containment plan is implemented.
6-7.4 Dimensional and Supplemental Development Requirements: All Manufactured
Home Parks shall comply with the following dimensional requirements:
(a) Compliance with Regulations: All Manufactured Home Parks existing at the time
of adoption of this ordinance are not required to comply with these regulations.
However, before any existing park can add additional manufactured home sites, or a
new park is constructed, all requirements of this Section shall be met.
(b) Lot Area: A Manufactured Home Park shall consist of at least five (5) acres.
c) Size of Manufactured Home Spaces: Each manufactured home in a park shall
occupy a designated space at least twelve thousand (12,000) square feet in area with a
width of at least eighty (80) feet, exclusive of a common driveway.
d) Driveway: Each manufactured home shall abut a paved driveway at least
twenty-five (25) feet in width, exclusive of any required parking spaces. This
driveway shall be built according to the minimum construction standards of the North
Carolina Department of Transportation, Division of Highways.
(e) Parking Spaces: Two (2) off-street parking spaces shall be provided for each
manufactured home space, and shall comply with the minimum construction
standards of the North Carolina Department of Transportation, Division of Highways
specified above for driveways.
(1) Recreational Area: The recreational space requirement specified in Subsection
6-5.5 (c) for multi -family units shall apply equally to manufactured home parks.
(g) Spacing: Manufactured homes or other structures within a park shall not be closer to
each other than thirty (30) feet, with the exception of storage or other auxiliary
structures for the exclusive use of a manufactured home.
(h) Spacing from Exterior Boundary: No manufactured home shall be located closer
than thirty (30) feet to the exterior boundary of the park or a bounding street or
52

highway right-of-way of a boundary street or highway.
(i) Flood Prevention: Parks shall be located on ground not susceptible to flooding and
graded so as to prevent any water from ponding or accumulating on the premises.
(j) Lighting: All parks shall be adequately lighted.
(k) Tiedowns: All manufactured homes shall have tiedowns which comply with North
Carolina Regulations for Mobile Homes.
(1) Underpinning: All manufactured homes shall be underpinned (skirted by a solid,
nonflammable material).
(m)Water: A public water supply shall be readily available at each space. Each park
shall obtain water from a public water supply adequate for the park requirements.
The drinking, cooking, laundry and general bathroom water supply for each
individual manufactured home shall be obtained from faucets or other plumbing
connections located within each unit.
(n) Sanitary Sewer: An adequate and safe sewage disposal hookup shall be readily
available at each space. Each park shall be provided with an adequate sewage
disposal system, through connections to a public sewage system provided at the
developer's expense. All sewage waste from toilets, showers, bathtubs, lavatories,
water basins, refrigerator drains, sinks, faucets, and water -using appliances not
mentioned shall be piped into the park sewage disposal system.
(o) Electricity: Each manufactured home located in a park shall be provided with
electricity sufficient enough to safely meet the maximum anticipated requirements of
all units. All wiring connections from the meter to the manufactured home must
comply with the National Electrical Codes.
p) Solid Waste Disposal: The solid waste disposal system shall be approved by the
Zoning Enforcement Officer before any Zoning Permit shall be issued.
(q) Concrete Pads: Each manufactured home shall be provided with a minimum ten
(10) feet by ten (10) feet concrete pad at the front entrance.
(r) Curb & Gutter / Paved Roads: All new manufactured home parks shall be treated
like any other subdivision. Therefore all roads and related storm drainage facilities
within new manufactured home parks shall be public, and comply with the North
Carolina Division of Highway Minimum Construction Standards (except as modified
by 3.1A Appendix I). Curb and gutter shall be mandatory on all new manufactured
home park streets as required in Section 3.3 of the Town's Subdivision Regulations
for all new subdivision streets.
53

6-7.5 Nonconforming Manufactured Home Parks
6-7.5.1 Continuation of Parks: Manufactured home parks that become nonconforming
uses shall be permitted to continue operation, and existing spaces within the park
may continue to be occupied by manufactured homes even after a space has been
vacated; however, these parks shall not be expanded or increased in size and no
additional space designed for occupancy by a manufactured home shall be added
to the site after the adoption of this ordinance. A park that is discontinued for
one -hundred -and -eighty (180) days shall not be re-established.
6-7.5.2 Continuation of Manufactured Homes on Individual Lots: Manufactured
homes located on individual lots which become nonconforming uses may be
continued indefinitely. However, if a lot where a nonconforming manufactured
home is located is subsequently abandoned, the re-establishment of a new non-
conforming manufactured home on the lot shall not be permitted.
Section 6-8 H-B - Highway Business District
6-8.1 Intent
To accommodate commercial activity areas (including retail sales and services) along the
major thoroughfares in the community (e.g. Highway NC49). Commercial activities that
are conducted inside and outside a building are located here.
6-8.2 Permitted Uses
Financial services, including banks, savings and loans
Offices, including, but not limited to, doctors, lawyers, real estate, and insurance
companies.
Public recreational facilities, such as putt -putt golf courses, driving ranges, etc.
Retailing of goods or services, such as, but not limited to, auto service stations,
convenient stores, including the sale of gasoline, motels, restaurants, including
drive -through facilities.
6-8.3 Prohibited Uses
Landfills
Land application sites for sludge/residuals or petroleum contaminated soils
Metal salvage facilities including junkyards
54

The storage of toxic materials unless a spill containment plan is implemented.
6-8.4 Conditional Uses
Shopping Centers - subject to the supplemental development standards below.
Office and Professional Centers - subject to the supplemental development standards
below.
Mixed Uses - (buildings erected for both dwelling and business purposes), provided such
buildings shall be furnished with side yards on each side of the building measuring not
less than eight (8) feet in width; provided, however, that this regulation shall not apply to
the street side of a corner lot.
6-8.5 Dimensional Requirements
(a) Lot Size: None specified for commercial activities.
(b) Lot Width: None specified for commercial activities.
(c) Front Yard Setback: Thirty (30) feet from the right-of-way line to the edge of the
building.
(d) Side Yard Setback: Ten (10) feet from the property line to the side wall of the
building.
(e) Rear Yard Setback: Twenty (20) feet measured from the rear lot line to the rear wall
of building.
(1) Building Height: No building shall exceed fifty (50) feet in height.
(g) Residential Lot Requirements: Any residential use in the H-B - Highway Business
District Highway Business District shall comply with the dimensional requirements
specified in the R-12 Residential District.
(h) Buffers: Buffers shall be provided subject to Article 8
6-8.6 Supplemental Development Standards
6-8.6.1 Shopping Centers
a) Definition: Two or more commercial operations located in a single building and
sharing a common wall or in separate buildings on a single tract of land.
(b) Perimeter Yards: Interior lot requirement may be waived, but the exterior setbacks
55

of all building shall comply with the requirements of the zoning district where the
shopping center is located.
c) Buffering: A buffer shall be provided on all exterior property lines which abut
residential property.
d) Solid Waste Disposal: A plan for solid waste storage, collection, and disposal shall
be submitted to the Zoning Enforcement Officer and approved by him before a
zoning permit can be issued.
(e) Utilities: Shopping Centers shall be located where public water, sanitary sewer, and
storm drainage utilities are available.
6-8.6.2 Office and Professional Centers
a) Definition: Two or more principal offices or professional buildings on a single tract
or lot, whether nor not the site will be subdivided or maintained in single ownership.
(b) Site Area: Minimal lot area shall be determined by the zoning district where the use
is located.
(c) Perimeter Yards: Lot requirements for the individual buildings shall be waived, but
the perimeter setbacks shall comply with the setback requirements of the zoning
district where the buildings are located.
d) Buffering: A buffer approved by the Planning Board shall be provided on all
exterior property lines which abut a residential zoning district.
e) Solid Waste Disposal: A plan for solid waste disposal shall be approved by the
Zoning Enforcement Officer before any Zoning Permit shall be issued.
(1) Utilities: Public water and sewer shall be available to the site.
6-8.6.3 Industrial Parks
a) Definition: Two or more principal industrial buildings on a single tract or lot,
whether or not the site will be subdivided or maintained in single ownership.
(b) Other Requirements: All the dimensional requirements specified for Office and
Professional Centers (see Sub -Section 6-7.5.2 above) shall apply to Industrial Parks.
56

Section 6-9 M-1 - Limited Manufacturing District
6-9.1 Intent
The intent of this district is to provide for a limited number of low -moderate intensity
manufacturing, wholesaling, and warehousing activities, while specifically excluding
heavy impact activities such as auto salvage yards, metal fabrication companies and
mining operations. Some essential governmental services are also permitted. Generally
these low -moderate impact uses are contained inside a building and do not generate any
significant negative impacts (noises, smoke, orders, or unusual fire or explosion hazard)
that may create a safety or health danger to people living or working nearby. Because
this district is intended to accommodate low -moderate intensity activities not located on a
thoroughfare, the variety of uses are more limited and the scale of operations smaller
than in the M-2 general manufacturing district.
6-9.2 Permitted Uses
Accessory uses and structures
Manufacturing activities including,
Apparel and finished fabric products
Audio, video, and communication equipment
Bakery products
Beverage products (non-alcoholic)
Computer and office equipment
Dairy products
Electrical and electronics equipment
Food and related products
Furniture and fixtures
Heating, equipment, and plumbing fixtures
Leather and leather products (no tanning)
Motor vehicle parts and accessories
Paper products (no coating or laminating)
Printing and publishing
Textile products
Off-street parking and loading, subject to Article 9
Offices, pertaining to any permitted use
Public Safety facilities (police or fire stations)
Public works (excluding sewer treatment plant) and public utilities, including service and
57

storage yards, provided they are surrounded by a fence not less than six (6) feet in height.
Signs, subject to Article 10
Warehouses (including mini -warehouses)
6-9.3 Prohibited Uses
Landfills
Land application sites for sludge/residuals or petroleum contaminated soils
Metal salvage facilities including junkyards
The storage of toxic materials unless a spill containment plan is implemented.
6-9.4 Conditional Uses
Office and Professional Centers and Industrial Parks - subject to supplemental
development standards, as set forth in Sub -Sections 6-8.5.2 and 6-8.5.3 above.
Other uses that meet the general intent of the limited manufacturing district
6-9.5 Dimensional Requirements
(a) Maximum Lot Size: The maximum lot size shall not exceed five (5) acres.
(b) Maximum Building Coverage (% of Lot): All buildings shall not cover more the
fifty (50) percent of a lot.
(c) Lot Width: None specified
(d) Front Yard Setback: Fifty (50) feet, measured from the front right-of-way line and
the front of the building.
(e) Side Yard Setback: Fifteen (15) feet minimum side yard on each side of every
principal building.
(1) Rear Yard Setback: Twenty (20) feet minimum rear yard, measured from the
building to the property line.
(g) Building Height: No building shall exceed fifty (50) feet in height.
(h) Buffers: Buffer may be required subject to Article S.
58

Section 6-10 M-2 - General Manufacturing District
6-10.1 Intent
The intent of this district is to provide for a wider variety of low -moderate intensity
manufacturing, wholesaling, and warehousing activities, while specifically excluding
heavy intensity uses such as auto salvage yards, metal fabrication companies or mining
operations. Some retail sales/services that are appropriate in either business or industrial
districts and essential governmental services are also permitted. Generally these
low -moderate intensity uses are contained inside a building and do not generate
significant negative impacts (noises, smoke, orders or unusual fire or explosion hazard)
that may create a safety or health danger to people living or working nearby. Because
this district is intended to accommodate low -moderate intensity activities located on
thoroughfares, the variety of uses are wider and the scale of operation greater than in the
M-1 - Limited Manufacturing District.
6-10.2 Permitted Uses
Accessory uses and structures
Auto rental or leasing
Auto repair services
Building supply sales with or without storage yard, provided all open storage is
surrounded by a fence not less than six (6) feet in height
Car wash
Contractors offices and storage yards, provided all open storage is surrounded by a fence
not less than six (6) feet in height
Dry cleaning and laundry plants
Equipment, rental, leasing, and repair
Garden center or retail nursery
Industrial supplies and equipment, sales and service, provided all open storage shall be
surrounded by a fence not less than six (6) feet in height
Landscape and horticultural services
Laundry or dry cleaning plan
Manufacturing activities including,
Apparel and finished fabric products
59

Audio, video, and communication equipment
Bakery products
Beverage products (non-alcoholic)
Computer and office equipment
Dairy products
Electrical and electronics equipment
Food and related products
Furniture and fixtures
Heating, equipment, and plumbing fixtures
Leather and leather products (no tanning)
Motor vehicle parts and accessories
Paper products (no coating or laminating)
Printing and publishing
Textile products
Mining, quarrying, asphalt and ready mix concrete plants
Off-street parking and loading, subject to Article 9
Offices, pertaining to any permitted use
Public safety facilities ( police or fire stations)
Public works (excluding sewer treatment plants) and public utilities, including service
and storage yards, provided they are surrounded by a fence not less than six (6) feet in
height.
Restaurants, including drive -through
Signs, subject to Article 10
Warehouses (including mini -warehouse)
6-10.3 Prohibited Uses
The storage of toxic materials unless a spill containment plan is implemented.
6-10.4 Conditional Uses
Office and Professional Centers and Industrial Parks - subject to supplemental
development standards, as set forth in Sub -Sections 6-8.5.2 and 6-8.5.3 above.
Other uses that meet the general intent of the general manufacturing district
60

6-10.5 Dimensional Requirements
(a) Minimum Lot Size: None specified
(b) Maximum Building Coverage (% of lot): All buildings shall not cover more than
fifty (50) percent of a lot.
(c) Minimum Lot Width: None specified
(d) Lot Width: None specified
(e) Front Yard Setback: Fifty (50) feet, measured from the front right-of-way line and
the front of the building.
(t) Side Yard Setback: Fifteen (15) feet minimum side yard on each side of every
principal building
(g) Rear Yard Setback: Twenty (20) feet minimum rear yard, measured from the
building to the property line.
(h) Building Height: No building shall exceed fifty (50) feet in height.
(i) Buffers: Buffers may be required subject to Article 8.
61

Section 6-11 TABLE OF PERMITTED USES
Permitted Uses
Zoning Districts
R-WS
RA
R-12
R-E
MF
MHP
HB
M-1
M-2
(0)
(0)
Residential Uses
Accessory uses and structures
including, but not limited to private
X
X
X
X
X
X
X
X
garages, utility buildings, or
swimming pools
Agriculture or horticulture, including
retail sale of products produced on
X
X
X
the property
Agriculture - Subject to provisions of
the Food Security Act of 1985 and
the Food, Agriculture, Conservation
X
X
X
and Trade Act of 1990 conducted
after January 1, 1993
[See Note #1 below]
Bona Fide Farms, subject to other
X
federal, state and local regulations
Churches and their customary
related uses including cemeteries,
X
provided all buildings and graves
X
X
X
X
X
X
shall be setback at least 20 ft from
any property line.
Day-care facilities, licensed by the
X
X
X
X
X
X
State of North Carolina
Dwellings, multi -family units
X
Dwellings, single-family site -built or
X
X
X
X
X
X
X
modular units.
Class A manufactured homes.
X
X
X
X
X
X
Class B manufactured homes.
X
Incidental home occupations
X
X
X
X
X
X
X
X
Manufactured Home Parks, subject
to the requirements of Article 6,
X
Section 6-6.3
Parks, playgrounds, community
X
X
X
X
X
X
X
X
centers
Public safety facilities, such as fire,
X
rescue, police or emergency medical
X
X
X
X
X
X
X
X
X
X
vehicles
Family Care Homes licensed by the
X
X
X
X
X
X
State of NC
Public works and public utility
facilities such as transformer
stations, pump stations, water
X
X
X
X
X
X
X
X
towers, telephone exchanges and
relay towers
62

Bed & Breakfast Inn
X
X
X
X
X
X
Permitted Uses
R-80
(0)
R-40
(0)
R-WS
RA
R-12
R-E
MF
MHP
HB
M-1
M-2
X
X
X
X
X
X
Schools, public and private
Silviculture, using BMP required to
implement the provisions of Forest
X
Practices Guidelines Related to
X
X
Water Quality
Off-street parking subject to Article 9
X
X
X
X
X
X
X
Signs subject to Article 10
X
X
X
X
X
X
X
Commercial Uses
Accessory uses and structures
X
X
Auto rental, leasing, repair, or
X
washing services
Building supply sales with or without
storage yard, provided all open
X
storage is surrounded by a fence not
less than 6 feet in height.
Contractors' offices and storage
yards, provided all open storage is
X
surrounded by a fence not less than
6 feet in height.
Dry cleaning or laundry plants
X
Equipment, rental, leasing, and
X
repair
Financial services, including banks,
X
savings and loans
Garden Center or retail nursery
X
Industrial supplies and equipment,
sales and service, provided all open
X
storage shall be surrounded by a
fence not less than 6 ft. in height
Landscape or horticultural services
X
Manufacturing including: apparel &
finished fabric products, audio, video
& communication equipment, bakery
products; non-alcoholic beverages;
computer & office equipment, dairy
X
X
products, electrical & electronics
equipment; food; furniture & Fixtures;
heating equipment, plumbing
fixtures, leather & leatherproducts;
63

motor vehicle parts & accessories,
paper products (not coating or
laminatinprinting & publishing
Mining and quarrying with asphalts
ready mix concrete as accessory
X
uses revised 10/7/04
Textile products
X
Permitted Uses
R-80
R-40
R-WS
RA
R-12
R-E
MF
MHP
HB
M-1
M-2
(0)
(0)
Off-street parking and loading,
X
X
X
subject to Article 9
Offices, including, but not limited to
doctors, lawyers, real estate, and
insurance companies
X
Offices, for permitted uses
X
X
X
Public recreational facilities, such as
putt -putt golf courses, driving ranges,
X
etc.
Public safety facilities (Police and
X
X
Fire Stations)
Public works (excluding sewer
treatment plant) and public utilities,
including service and storage yards,
X
X
provided they are surrounded by a
fence not less than 6 ft. in height
Restaurants, including drive -through
X
Retailing of goods or services, such
as, auto services stations,
convenient stores, including sale of
X
gasoline, motels, restaurants,
including drive -through facilities
Signs, subject to Article 10
X
X
X
Warehouses or mini -warehouses
X
X
64

Section 6-12 Table of Prohibited Uses
R-80
R-40(0
Prohibited Uses
)
(0)
R-WS
RA
R-12
R-E
MF
MHP
HB
M-1
M-2
Landfills
X
X
X
X
X
X
X
X
X
X
Land applications sites for
sludge/residuals or petroleum
X
X
X
X
X
X
X
X
X
X
contaminated soils
Metal salvage facilities including
junkyards
X
X
X
X
X
X
X
X
X
X
Storage oftoxic and hazardous
materials unless a spill containment
plan is implemented
X
X
X
X
X
X
X
X
X
X
X
Table 6-13 Table of Conditional Uses
Conditional Uses
R-80
(0)
R-40
(0)
R-WS
RA
R-12
R-E
MF
MHP
HB
M-1
M-2
Industrial Parks [See Note #2]
X
X
Office and Professional Centers,
X
X
X
[See Note #3 below]
Mixed uses (for example, buildings
erected for both dwelling and
business purposes), provided such
buildings shall be furnished with side
yards on each side of the building
X
measuring not less than 8 feet in
width, provided, however, that this
regulation shall not apply to the
street side of a corner lot.
Other uses that meet the general
X
X
intent of the zoning district
Shopping Center [See Note #4]
X
Notes for Preceding Tables:
1. Agricultural - Subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture,
Conservation and Trade Act of 1990 conducted after January 1, 1993 shall maintain a minimum 10 ft.
vegetative buffer, or equivalent control as determined by the Soil and Water Conservation Commission, along
all perennial waters indicated on the most recent versions of the USGS 1:24,000 scale topographic maps as
determined by local government studies. Animal operations greater than 100 animal units shall employ BMP
by July 1, 1994 recommended by the Soil and Water Conservation Commission.
2. Subject to Article 6, Section 6-7.5.3
3. Subject to Article 6, Section 6-7.5.2
4. Subject to Article 6, Section 6-7.5.1
65

Section 6-14 TABLE OF DIMENSIONAL REQUIREMENTS
LOT SIZE
LOT WIDTH
FRONT
SIDE YARD
REARYARD
ACCESSORY BUILDINGS
NOTES
ZONINGDISTRICT
YARD
SETBACK
SETBACK
HEIGHT
SETBACK
R-80 (0)
2 acres
100 ft.
30 ft.
15 ft.
20 ft.
35 ft
Not in front yard. 20 ft. from street. 5ft
Watershed —Critical
from lot line
Area Overlay District
R-40 (0)
1 acre
See R-80
See R-80
See R-80
See R-80
See R-80
See R-80
Watershed —Non-
Critical Area Overlay
R-WS
1 acre
See R-80
See R-80
See R-80
See R-80
See R-80
See R-80
Watershed District
----------------------------
RA
----------------------
-----------
--------------
--------------
-------------
------------
--------
-----------------------
Residential-Agricultural
More than 12,000
80 ft.
30 ft.
10 ft.
20 ft.
Less Than 35 ft
sq.ft.
35 ft
R-12
12,000 sq. ft.
80 ft.
See R-80
10 ft.
See R-80
See R-80
See R-80
Residential - General
R-E
12,000 sq. ft.
80 ft.
See R-80
10 ft.
See R-80
See R-80
See R-80
Residential - Exclusive
R-MF
6,000 sq. ft. P D.U.
See R-12
See R-80
See R-12
See R-80
See R-80
Res. —Multi-Family
3,000 sq. ft. for each
additional D.U.
R-MHP
All Manufactured Home Parks shall comply with development standards in Article 6, Section 6-7
Manufactured Home
Park
H-B
Not specified
Not specified
See R-80
10 ft.
20 ft.
50 ft.
All residential uses shall
Highway Business
comply with requirements
of the R-E district
M-1
Not specified
Not specified
50 ft.
15 ft.
20 ft.
See H-B
All buildings shall not cover
Limited Manufacturing
more than 50% of a lot
M-2
Not specified
Not specified
50 ft.
15 ft.
20 ft.
See H-B
All buildings shall not cover
General Manufacturing
more than 50% of a lot
For nonconforming vacant lots, see Article 12, Section 12-1
When existing buildings within 100 ft. of either side of the proposed building lot, on the same side of the street, in the same block, and in the same zoning district have setbacks less than those required, these requirements shall
not apply. In such cases, the front yard on such lots may be less than the existing front yards, or a distance of 10 ft. from the sheet right-of-way, whichever is greater.
Height limitations do not apply to church spires, belfries, cupolas, and domes not intended for human occupancy; and water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flagpoles, radio
towers, television towers, masts, aerials, and similar structures.
No residential lot shall be less than 2 acres, except in an approved cluster development. See Section 6-1.6.
When the side yard abuts a sheet the side yard set back shall be 20 ft.
No residential lot shall be less than 1 acre, except in an approved cluster development See Section 6-2.7
When the side yard abuts a sheet the side yard set back shall be 15 ft.
66

Section 6-15 High Density Development Standards and Requirements. - Formatted: Font: Bold
6-15.1 Intent: The Town of Green Level may approve high density development proposals
within a watershed overlay district consistent with the following standards:
WS-II Watershed Areas- Critical Area (WS-II-CA). Where new development exceeds
either 1 dwelling unit per 2 acres or 6% built -upon area, engineered stormwater controls
shall be used to control runoff from the first inch of rainfall and development shall not
exceed 24% built -upon area.
WS-II Watershed Areas- Balance of Watershed (WS-II-BW). Where new development
exceeds either 1 dwelling unit per acre or 12% built -upon area, engineered stormwater
controls shall be used to control runoff from the first inch of rainfall and development
shall not exceed 30% built -upon area.
6-15.2 ADDlicable Districts and Conditions: The followine conditions shall aDDly when usin
the High Density Development Standards. Stormwater control measures shall
bedesigned in accordance with the latest version of the North Carolina Department of
Environment and Natural Resources Stormwater Best Management Practices (BMP)
Manual.
1. The following Districts shall be permitted consistent with the conditions and
requirements for each district, the conditions within the High Density Development
Standards and Requirements, and the requirements of this Ordinance:
R-80 (0)
Watershed — Critical Area Overlay District
R-40 (0)
Watershed - Balance of Watershed Overlay District
R-WS
Residential Watershed District
R-12
Residential District
R-8
Residential District
R-MF
Residential - Multi -Family Dwellings District
H-B
Highway Business District
M-1
Limited Manufacturing District
M-2
General Manufacturing District
All conditions and requirements of the Town of Green Level's Jordan Lake shall
apply to new development. All conditions and requirements of the Town of Green
Level's NPDES Phase II Storm Ordinance for New Development shall also apply
within a watershed overlay district. All new development outside of a watershed
overlay district shall obtain a stormwater permit from the North Carolina Department
of Environment and Natural Resources (or from the Town of Green Level if they
should get delegation of stormwater requirements) as required by regulation.
Stormwater Dlans shall be submitted as Dart of the Dlan review Drocess for Hieh
Density Developments
67

3. The High Density Development Option shall apply to the developed portion of a
parcel. Best management practices for stormwater used to meet the High Density
Development Option shall be as contained in the latest version of the North Carolina
Department of Environment and Natural Resources Stormwater Best Management
Practices (BMP) Manual. The total area of the parcel of land being submitted for
review shall be used in determining the percentage of built -upon area.
4. All other requirements for a District within this Ordinance shall be met. If there is
a requirement within this Section that conflicts with one of the District requirements,
the more restrictive requirement shall apply.
6-15.3 Buffers: The following buffer requirements shall apply to all areas using the High
Density Development Standards:
1. A minimum fifty (50) foot undisturbed vegetative buffer is required along all
perennial waters indicated on the most recent versions of U. S. G. S. 1:24,000 (7.5
minute) scale topographic maps or as determined by local government studies, and as
shown on the Official Zonine Man. Desirable artificial stream bank or shoreline
stabilization is permitted.
2. No new development is allowed in the buffer except for water dependent and
public projects such as federal or state highways, public utilities and egr enways
where no practical alternative exist. These activities should minimize built -upon
surface area. direct runoff awav from the surface waters and maximize the utilization
of stormwater Best Management Practices
6-15.4: High Density Development Permit Application
1. A High Density Development Permit shall be required for new development
exceeding the requirements of the low density option.
2. Application for a High Density Development shall be addressed and submitted to
the Zoning Board through the Town Administrator. Application for a High Density
Development Permit shall be made on the proper form and shall include the following
information:
(a) A completed High Density Development Permit Application signed by the
owner of the property. The signature of the consulting engineer or other agent
will be accepted on the application only if accompanied by a letter of
authorization;
(b) Two reproducible copies of the development plan within the drainage basin
including: Application Forms, Subdivision Plat Checklist and detailed
information concerning built -upon area;
(c) Two reproducible copies of the plans and specifications of the stormwater
68

control structures consistent with Town of Green Level's Jordan Lake and
NPDES Phase II Storm Ordinance for New Development, and/or all Federal and
North Carolina Department of Environment and Natural Resources Stormwater
Requirements;
(d) When required by law, written verification (permit or approval letter) that a
soil erosion and sedimentation control plan, and/or stormwater plan has been
approved by the appropriate state or local agencies,
(e) Permit Application Fees consistent with Section 13-6.
3. Prior to taking final action on any application, the Zoning Board or the Town
Administrator may provide an opportunity to public agencies affected by the
development proposal to review and make recommendations on the application.
However, failure of the agencies to submit their comments and recommendations
shall not delay the Board's action within prescribed time limit.
4. The Zoning Board shall either approve or disapprove each application for a High
Density Development Permit based on the applicable criteria contained in this
Ordinance. First consideration of a completed application shall be at the next
regularly scheduled meeting of the Zoning Board following its receipt. The Zoning
Board shall take action on the application as its first consideration or within sixty-five
(65) days of its first consideration.
(a) If the Zoning Board approves the application based on its findings, such
approval shall be indicated on the permit and both copies of the site plan and both
copies of the plans and specifications of the stormwater control structure. A High
Density Development Permit shall be issued after the applicant posts a
performance bond as acceptable security and executes an Operation and
Maintenance Agreement as required within the Town of Green Level's Jordan
Lake and NPDES Phase II Storm Ordinance for New Development. A copy of
the permit and one copy of each set of plans shall be kept on file at the Town
Administrator's office. The original permit and one copy of each set of plans
shall be delivered to the applicant.
(b) If the Zoning Board disapproves the application based on its findings, the
reasons for such action shall be stated in the minutes of the Board and presented
to the applicant in writing wither by personal service or registered mail, return
receipt requested. The applicant may make changes and submit a revised plan.
All revisions shall be submitted, reviewed, and acted upon by the Board pursuant
to the procedures of this section.
5. The Zoning Board shall issue a High Density Development Permit within sixty-five
(65) days of its first consideration upon finding that the proposal is consistent with the
applicable standards set forth in the Watershed Ordinance and the following
conditions are met:
69

(a) The use will not endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved;
(b) The use minimizes impacts to water quality through the use of best
management practices, cluster development, and/or maximum setbacks from
perennial waters;
(c) The use is vital to the continued growth and economic development of the
Town of Green Level. The Board shall find a development as vital if one or more
of the following are met:
(i) the development when complete and fully occupied will
increase the tax base of Town of Green Level by at least one million
dollars (1,000,000)., or;
(ii) the development will create at least 10 full-time employment positions not
including construction and development of the use, or;
(iii) the development is an expansion or affiliate of an existing development
located within the watershed and requires a location in close proximity to the
existing facility,
(d) Consistent with the Town of Green Level's industrial site survey, the
industrial use cannot be alternatively located on another site outside of the
designated water supply watershed;
(e) The use is consistent with the officially land use plan for the Town of Green
Level.
If the Zoning Board finds that any one of the above conditions is not met, the Board
shall deny the application.
6. In addition to anv other requirements provided by this Ordinance. the Zonim Board
may designate additional permit conditions and requirements to assure that the use
will be harmonious with the area in which it is proposed to be located and with the
spirit of this Ordinance. All additional conditions shall be entered in the minutes of
the meeting at which the permit is granted, on all plans and on the permit certificate.
All conditions so imposed shall run with the land and shall be binding upon the
applicant and the applicant's heir, successors, or assigns during the continuation of
the permitted use.
7. The Zoning Board shall issue a written ruling and make copies available at the office
of the Town Administrator and the Town Clerk.
(a) If the Zoning Board approves the application based on its findings, such
70

approval shall be indicated on the permit and both copies of the site plan and both
copies of the plans and specifications of the stormwater control structure(s). A
High Density Development Permit shall be issued after all conditions within this
ordinance and within the Town of Green Level's Jordan Lake and NPDES Phase
II Storm Ordinance for New Development are met. The original permit and one
copy of each set of plans shall be delivered to the applicant either by personal
service or registered mail, return receipt requested.
ARTICLE 7 - EXCEPTIONS AND MODIFICATIONS
Section 7-1 - HeiEht Limitation
The height limitations of this ordinance shall not apply to church spires, belfries, cupolas, and
domes not intended for human occupancy; and monuments, water, towers, observation towers,
transmission towers, chimneys, smokestacks, conveyors, flagpoles, radio towers, television
towers, masts, aerials, and similar structures, except as otherwise provided in the vicinity of
airports.
Section 7-2 - Front Yard for DwellinLyS
When existing buildings within one hundred (100) feet of either side of the proposed building
lot, on the same side of the street, in the same block, and in the same use district have setbacks
less than those required, the requirements of this ordinance shall not apply. In such cases, the
front yard on such lots may be less than the exiting front yards, or a distance of ten (10) feet from
the street right-of-way, whichever is greater.
Section 7-3 - RezoninE Property in the Back Creek Watershed Districts
The R-80 Watershed - Critical Area and R-40 Watershed - Outside Critical Area are designed to
incorporate the North Carolina Drinking Water Supply Protection Rules. If any property in the
R-80 or R 40 Residential Districts are rezoned to another zoning district such as highway
business or a manufacturing district which have less restrictive development standards, the
development standards of the R 80 and R40 shall still apply. Under no circumstances shall the
North Carolina Drinking Water Supply Rules be violated in the Back Creek Watershed.
Section 7-4 - Expansion of uses in the Back Creek Watershed
Existing development is not subject to the requirements of the Water Supply Watershed
Protection Rules. Redevelopment is allowed, if the rebuilding activity does not have a net
increase in built -upon area or provides equal or greater stormwater control than the previous
development, except that there are no restrictions on single family residential redevelopment.
Expansion to structures classified as existing development must meet the requirements of the
rules, however, the built -upon area of existing development is not required to be included in the
density calculation.
71

72

ARTICLE 8 - BUFFER REQUIREMENTS
Section 8-1 Purpose
The buffer yard standards are designed to provide for visual separation of different land uses in
order to reduce potential nuisances, such as glare, dirt, noise, unsightly views, and other adverse
impacts of one land use upon another.
Section 8-2 When Buffers are Required
Where business and industrial districts or uses abuts a residential district or land occupied by any
residential use permitted by the ordinance, a continuous buffer shall be provided along the
property line.
Section 8-3 Buffer Standards
A buffer shall consist of a strip at least ten (10) feet in width, consisting of compact evergreen
hedge, or other type of evergreen foliage screening, or a screening fence, or wall constructed to
provide at least the equivalent screening from adjoining properties. If a fence is used, the ten
(10) foot width shall be waived.
A buffer shall be at least five (5) feet, but not more than seven (7) feet in height. Hedges or
planting shall have an initial height of six (6) feet or be of such variety that an average height of
six (6) feet could be expected by normal growth within two (2) years from the time of planting.
No building, driveway, or parking area shall occupy any part of the buffer strip.
73

ARTICLE 9 - PARKING AND LOADING REQUIREMENTS
Section 9-1- Parking
9-1.1 Off -Street Parking Required
Off -Street automobile parking shall be provided on every lot as specified. When a
building is erected or a principal building is enlarged or increased in capacity by adding
dwelling units, seats, floor area, or before conversion from one type of use to another,
permanent off-street parking shall be provided in a parking garage or on a graded open
space.
9-1.2 Parking Design Criteria
(a) Each parking space shall not be less than eight and one-half (8-1/2) by eighteen (18)
feet, exclusive of adequate egress and ingress drives, landscaping, and maneuvering
space.
(b) Parking spaces shall be permanent and shall not be used for any other purposes.
(c) The required parking space for any number of separate uses may be combined in one
lot. The required space assigned to only one use may not be assigned to another use
except that one-half (1/2) of the parking space required for churches, theaters, or
assembly halls where attendance will be at night or on Sundays may be assigned to a
use which will be closed at night and on Sundays.
(d) If the off-street parking space required by this ordinance cannot reasonably be
provided on the same lot where the principal use is located, such space may be
provided on any land within five hundred (500) feet of the main entrance to such
principal use provided the land is in the same ownership as the principal use. This
land cannot be used for any other purpose as long as the on -site parking requirements
are not met.
(1) The following provisions must be met where parking lots for more than five (5)
automobiles are permitted in residential districts:
1. The lot may be used only for parking in relation to the principal use of the lot and
not for any type of loading, sales, repair work, dismantling, or servicing.
2. All entrances, exits, barricades at sidewalks, and drainage works shall be
approved by the Zoning Enforcement Officer prior to construction.
3. Only one (1) entrance and one (1) exit sign no larger then four (4) square feet in
area prescribing parking regulations may be erected at each entrance or exit. No
other signs shall be permitted.
74

9-1.3 Enforcement
(a) Each application for a Zoning Permit or Certificate of Occupancy shall include
information regarding location and dimensions of off-street parking space . This
information shall be in sufficient detail to enable the Zoning Enforcement Officer to
determine whether or not the requirements for this ordinance are met.
(b) The Certificate of Occupancy of the use of any structure of land where off-street
parking space is required shall be withheld by the Zoning Enforcement officer until
the provisions of this ordinance are fully met. If at any time such compliance ceases,
any Certificate of Occupancy which has been issued for the use of the property shall
immediately become void.
9-1.4 Schedule of Parking Spaces
Off-street parking spaces shall be provided and permanently maintained by the owners
and occupants of the following types of uses on the basis indicated:
Automobile Sales and Repair Garages: One (1) space for each two (2) employees at
maximum employment on a single shift, plus two (2) spaces for each three -hundred (300)
square feet of repair or maintenance space.
Bowling Alleys: Two spaces for each lane, plus one (1) additional space for each two (2)
employees.
Day -Care Centers: One (1) space for each six hundred (600) square feet of gross area.
Funeral Homes: One (1) space for each four (4) seats in the main chapel, plus one (1)
space for each two (2) employees, plus one (1) space for each vehicle used in the
operation.
Medical and Dental Clinics and Offices: Four (4) spaces for each doctor practicing at the
clinic, plus one (1) space for each employee.
Public Libraries: One (1) space for each four (4) seats provided for patron use.
Motels, Tourist Homes, and Hotels: One (1) space for each room or unit to be rented,
plus one (1) space for each two (2) employees on the shift of the largest employment.
Nursing Homes: One (1) space for each six (6) patient beds, plus one (1) space for each
staff or visiting doctor, plus (1) space for each four (4) employees.
Offices, Business, Professional or Public, including Banks: One (1) space for each
two -hundred (200) square feet of gross floor area.
Places of Public Assembly, including Private Clubs, Lodges, Community Centers and
75

Churches: One (1) space for each four (4) fixed seats provided for patron use, plus one
(1) space for each hundred square feet of floor or ground area use for amusement or
assembly, but not included fixed seats, plus (1) space for each employee.
Residences, including Single-family and Multi -family Units as well as Mobile Homes on
Individual Lots or in Parks: Two (2) spaces for each dwelling unit.
Restaurants, Drive -through: Parking space equivalent to five (5) times the gross floor
area.
Retail Business and Consumer Service Facilities: One (1) space for each two hundred
(200) feet of gross floor area in the main building.
School, Elementary ( both public and private): One (11) space for each employee, plus
adequate parking for buses.
School, High School (both public and private): One (1) space for each teacher or
administrative staff member, plus one (1) space for each four pupils, and adequate bus
parking spaces.
Service Stations: Five (5) parking spaces for each grease rack or work rack.
Shopping Centers: One (1) space for each two hundred (200) square feet of gross floor
area.
Wholesale and Industrial Uses: One (1) space for each two (2) employees at maximum
employment of a single shift.
Section 9-2 - Loadine and UnloadinE
9-2.1 Area to be Required
At the time of the erection or expansion of any main building or part which is used for
commercial or industrial use, off-street loading and unloading space shall be required as
specified in this section
Off-street loading and unloading spaces shall be designed and constructed so that all
maneuvering to park vehicles for loading and unloading can take place entirely within the
premises. Theses spaces shall be provided so as not to interfere with the free, normal
movement of vehicles and pedestrians on the public right-of-way.
9-2.2 Schedule of Loading Spaces
(a) For purposes of this section, an off-street loading berth shall have minimum
dimensions of twelve (12) feet by thirty (30) feet and fourteen (14) feet overhead
clearance with adequate means of ingress and egress.
76

(b) For any structure containing less than twenty thousand (20,000) square feet of gross
floor area, no berth shall be required. Larger structures, however, shall provide berths
as specified below:
Square Feet of Floor Area of Required Number of
Commercial and Industrial Uses Berths
0 - 19,999 0
20,000 - 39,999 1
40,000 - 59,999 2
60,000 - 109,999 3
110,000- 159,999 4
160,000+ Add one (1) berth for each
additional 80,000 sq. ft.
9-2.3 Enforcement
(a) Each application for a Zoning Permit or Certificate of Occupancy shall include
information as to the location and dimensions of off-street loading and unloading
space and the means of ingress and egress between such space and a street. This
information shall be in sufficient detail to enable the Zoning Enforcement Officer to
determine whether or not the requirement of this ordinance are met.
(b) The Certificate of Occupancy for the use of a structure or land where off-street
loading and unloading space is required shall be withheld by the Zoning Enforcement
Officer until the provision of this ordinance are fully met. If at any time such
compliance ceases, any Certificate of Occupancy which had been is used for the sue
of the property shall immediately become void and of no effect.
77

ARTICLE 10 - SIGN REGULATIONS
Section 10-1 - Permit Required
With the exception of those signs specifically authorized in Section 10-10, no sign shall be
erected without a permit from the Zoning Enforcement Officer.
Section 10-2 - Permit Application
Applications for permits shall be submitted on forms obtained at the office of the Zoning
Enforcement Officer. Each application shall be accompanied by plans which shall:
10-2.1 Indicate the proposed site by identifying the property by ownership, location, and
use.
10-2.2 Show the location of the sign on the lot in relation to the property lines and
buildings, zoning district boundaries, right-of-way lines, and existing signs.
10-2.3 Show size, character, complete structural specifications, and methods of
anchoring and support.
10-2.4 If warranted, the Zoning Enforcement Officer may require additional information
to determine whether or not the sign will be erected in conformance with this
Article.
Section 10-3 - Structural Requirements
Structural requirements for signs shall be those required in the North Carolina State Building
Code.
Section 10-4 - Sign Area Computation
Sign area shall be computed by the smallest square, triangle, rectangle, circle, or any
combination thereof which will encompass the entire sign, including wall work, frame, or
supports incidental to its decoration. In computing the area, only one (1) side of the structure
shall be considered.
Section 10-5 - Maintenance
All signs, together with all supports and braces, shall be kept in good repair and in a neat and
clean condition. No sign shall be continued which becomes, in the opinion of the Zoning
Enforcement Officer, structurally unsafe and endangers the safety of the public or property. The
Zoning Enforcement Officer may order the removal of any sign that is not maintained in
accordance with the provisions of this section. Such removal shall be at the expense of the
owner or lessee and shall occur within ten (10) days after written notification has been issued.
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If the order is not implemented within thirty (30) days, the Zoning Enforcement Officer shall
remove the sign at the expense of the owner or lessee. Any temporary sign shall be removed
within thirty (30) days from the date the purpose ceases to exist.
Section 10-6 - Location
10-6.1 No sign shall be erected or constructed so as to interfere with visual clearance
along any street or at any intersection of two (2) or more streets or highways. No
sign shall be located in a street right-of-way.
10-6.2 No sign attached to a building shall project beyond the street curb or hang lower
than eight (8) feet from the sidewalk or ground level.
Section 10-7 - Traffic Safety
10-7.1 No sign shall be allowed that would, by its location, color or nature, be confused
with or obstruct the view of traffic signs or signals, or would be confused with a
flashing light of an emergency vehicle.
10-7.2 No sign shall use the admonitions such as Stop, Go, Slow, or Danger which might
be confused with traffic directional signals.
Section 10-8 - Illumination
Except for time or temperature units, no flashing or intermittent illuminated sign shall be
permitted on any sign or structure. Illumination devices such as, but not limited to, flood
spotlights shall be so placed and so shielded as to prevent the rays of illumination being cast
upon neighboring buildings and/or vehicles approaching from either direction.
Section 10-9 - Nonconforming Signs
Nonconforming signs shall be allowed to remain in good repair or an indefinite period.
However, under the following conditions, nonconforming signs shall comply with the
regulations of this ordinance.
10-9.1 Any nonconforming sign on a lot where the principal structure is vacant for a
period of one hundred and eighty (180) days shall be altered to conform to the
regulations of this section.
10-9.2 Any alteration of a nonconforming sign shall make that sign conform to the
regulations of this section.
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10-9.3 Any nonconforming sign damaged over sixty (60) percent by any means either
shall be removed or repaired in a manner to conform with the regulations of this
section. This does not include signs that have deteriorated over an extended
period of time. Although the cost of repairing these signs may exceed sixty (60)
percent of their original value, they may be repaired without conforming to the
requirements.
10-9.4 Nonconforming signs, when removed for other than normal maintenance, may not
be erected again.
Section 10-10 - Signs Permitted in All Districts Without a Permit
The signs listed below shall be allowed in all zoning districts without a permit from the Zoning
Enforcement Officer. However, all signs using electrical wiring and connections shall require an
electrical permit.
10-10.1 Occupant and House Number: Signs not exceeding one (1) square foot in area
and bearing only property numbers, box numbers, names of occupants, or other
identification not have commercial connotations. Such signs shall not be
illuminated.
10-10.2 Public Directional and Information: Signs erected and maintained by public
agencies which direct the public to specific sites or provide general information
about a structure. Included in this category are historic markers, street and traffic
control signs, and entrance and exit signs. Entrance and exit signs shall not
exceed two (2) square feet in total area. They may be directly or indirectly
illuminated.
10-10.3 Private Directional: Free-standing entrance and exit signs may be allowed on
any lot, regardless of lot frontage and number of existing business signs or
billboards, provided they do not exceed two (2) square feet in area. Such signs
shall not be illuminated.
10-10.4 Professional and Home Occupation: One (1) professional or home occupation
sign per dwelling not to exceed three (3) square feet in area, which must be
mounted flat against a wall or door or hung from a mailbox or lamp post. Such
signs may be directly or indirectly illuminated except in a residential district.
10-10.5 Church or Nonprofit Organization Bulletin Board: These signs shall not
exceed eighteen (18) square feet in area. Such signs may be directly or indirectly
illuminated.
10-10.6 Temporary lease, Rent, or Sale: One (1) temporary real estate sign shall not
exceed four (4) square feet in area may be placed on property that is for sale,
lease, rent or barter. When the property fronts on more than one street, one sign
shall be allowed on each street frontage. Such signs shall not be illuminated.
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10-10.7 Construction: During the construction, repair, or alteration of a structure,
temporary signs which indicate builder, or other participants in the project, or its
occupant to be, may be placed within the required yard setbacks as ground, wall,
or roof signs. The total area of such signs shall not exceed fifty (50) square feet.
Such signs shall not be illuminated.
Section 10-11 - Signs ReguirinE a ZoninE Permit
10-11.1 Identification Signs
a. Zoning Districts Where Permitted: All residential districts
b. Number of Signs: One (1) per entrance or two (2) smaller matching pillars
per entrance.
c. Location: Such signs shall not be located in a public right-of-way.
d. Maximum Size: Any one (1) sign shall not exceed twenty-four (24) square
feet in area. It matching entrance pillars are constructed at the entrance of a
subdivision, neighborhood, school, or similar use, the total sign area shall not
exceed twenty-four (24) square feet.
C. Lighting: Such signs may be directly or indirectly illuminated.
f. Height: Such signs shall not exceed twelve (12) feet in height.
10-11.2 Business Signs - Wall Mounted
a. Zoning Districts Where Permitted: H-b - Highway Business District, M-1, and
M-2
b. Number of Signs: None specified
c. Location: Wall signs shall be located on the front of the building. However,
they may be located on a side or rear of a building that is adjacent to an
off-street parking area. Such signs shall be mounted parallel to the building
and project no more than eighteen (18) inches from the building.
d. Sign Area: The total area of all attached signs shall not exceed twenty (20)
percent of the total wall area. However, the total sign area shall not exceed
two hundred (200) square feet.
e. Lighting: Such signs may be directly or indirectly illuminated.
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f. Hecht: No sign shall extend beyond the roof line of the building to which it is
attached.
10-11.3 Business Signs - Freestanding
a. Zoning District Where Permitted: H-b - Highway Business District, M-1, and
M-2
b. Number of Signs: Any business may erect one (1) freestanding sign for each
frontage on a public street.
c. Location: Any freestanding sign shall be set back at least five (5) feet from the
property line.
d. Area: Sign area shall be one and on -half (1-1/2) square feet per linear foot of
business frontage. However, the maximum size per sign shall not exceed one
hundred and twenty (120) square feet. Signs covered by the Outdoor
Advertising Act shall be exempt from these restrictions.
e. Lighting: Such signs may be directly or indirectly illuminated.
f. Hecht: Any sign shall not exceed twenty (20) feet in height.
10-11.4 Business Signs - Projecting
a. Zoning District Where Permitted: H-B - Highway Business District, M-1, and
M-2
b. Number of Signs Permitted: One projecting sign per principal building.
c. Location: Such signs may project horizontally a maximum of six (6) feet, but
shall be back at least two (2) feet from the back face of the curb or out edge of
the pavement where there is not curb. Setback distances for projecting signs
which front on state roads must be approved by the North Carolina
Department of Transportation. They shall be erected at a height of not less
than nine (9) feet above the sidewalk or other pedestrian passageway. Also a
projecting sign shall not extend above the roof line of the building.
d. Area: Projecting signs shall not exceed sixteen (16) square feet.
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10-11.5 Multi -Unit Signs (Shopping Centers, Industrial Parks, etc.)
a. Zoning District Where Permitted: H-B - Highway Business District, M-1, and
M-2
b. Number of Signs: One (1) sign per each main street frontage.
c. Location: Such signs shall not be located in any street right-of-way
d. Area: Each sign shall not exceed seventy-five (75) square feet in the H-b -
Highway Business District District on one hundred and fifty (150) square feet
in the M-1 and M-2 Districts.
e. Lighting: Such signs may be directly or indirectly illuminated.
f. Height: Any sign shall not exceed twenty (20) feet above the pavement or
ground surface.
g. Design Criteria: Each individual identification sign shall be designed to
reflect a unified graphic appearance (e. g. color, script, type) and other design
matters as determined by the Zoning Enforcement Officer. Individual
commercial logos are permitted on multi -unit signs so long as they do not
constitute more than twenty-five (25) percent of the area of the applicable
individual occupancy identification sign.
10-11.6 Billboards (off -site Business Signs)
a. Zoning District Where permitted: H-B - Highway Business District and M-2
b. Maximum Size of a Single Sign: 300 square feet
c. Spacing Between Signs: Each billboard shall be at least a one thousand
(1,000) foot radius from another one.
10-11.7 Portable Signs
a. Zoning District Where Permitted: H-b - Highway Business District, M-1, and
M-2
b. Setbacks: At least five (5) feet from the street curb.
c. Limits on Advertisement: Advertise only goods or services provided on the
site of the sign.
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Section 10-12 — Sign Regulations Table
TYPE OF SIGN
DISTRICTS
NUMBER
LOCATION
MAXIMUM SIZE
LIGHTING
HEIGHT
PERMIT
NOTES
WHERE
OF
REQUIRED
PERMITTED
SIGNS
yes no
Occupant and House
All Districts
1 sq. ft.
Shall not be
X
Number
illuminated
Public Directional &
All Districts
2 sq. ft.
May be
X
Information
directly or
indirectly
illuminated
Private Directional
All Districts
2 sq. ft.
Shall not be
X
illuminated
Professional and Home
All Districts
1.00
Mounted flat
3 sq. ft.
May be
X
Occupation
against a wall
directly or
or door or
indirectly
hung from a
illuminated,
mailbox or lap
except in
post
residential
district
Church or Nonprofit
All Districts
18 sq. ft.
May be
X
Organization Bulletin
directly or
Board
indirectly
illuminated
Temporary lease, rent, or
All Districts
1.00
4 sq. ft.
Shall not be
X
sale
illuminated
Construction
All Districts
May be placed
50 sq. ft.
Shall not be
X
within the
illuminated
required yard
set backs as
ground, wall,
or roof signs
Identi-£cation
All residential
1 per
not in public
any 1 sign shall not
may be
not to
X
Signs
districts
entrance or
right of way
exceed 24 sq. ft. In
directly or
exceed 12
2 smaller
matching pillars total
indirectly
feet
matching
area not to exceed 24
illuminated
pillars per
sq. ft.
entrance
BUSINESS SIGNS
TYPE OF
DISTRICTS
NUMBER
LOCATION
MAXIMUM SIZE
LIGHTING
HEIGHT
PERMIT
NOTES
SIGN
WHERE
OF
REQUIRED
PERMITTED
SIGNS
yes no
Wall
H-B, M-1, & M-2
None specified
Shall be located
Shall not exceed
May be
Shall not
X
Mounted
on the front of
20 % of total wall
directly or
exceed
the building.
area. Total area shall
indirectly
beyond the
May be on a
not exceed 200 sq. ft.
illuminated
roof line of
side or rear that
the
it adjacent to
building
parking.
Mounted
parallel to the
building and
project no more
than 18 inches
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Freestandin
H-B, M-1, M-2
1 Sign for each
Setback 5 feet
1-1/2 sq. ft per linear
May be
Shall not
X
g
frontage on a street
from property
foot of business
directly or
exceed 20
line
frontage. Shall not
indirectly
ft. in
exceed 120 sq. ft.
illuminated
height.
Projecting
H-B, M-1, M-2
1 per principal
May project
Shall not exceed 16
May be
X
building
horizontally a
sq. ft.
directly or
maximum of 6
indirectly
ft., but must be
illuminated
2 ft from curb
not less than 9 ft
abovethe
sidewalk or
pedestrian
passageway.
Shall not extend
above the roof
line of the
building.
Multi -Unit
H-B, M-1, M-2
1 sign per each
Shall not be
Shall not exceed 75
May be
Shall not
X
Signs
main street frontage
located in any
sq. ft. in the H-B
directly or
exceed 20
(Shopping
street
District or 150 sq. ft.
indirectly
feet above
Centers,
right-of-way
in the M-1 & M-2
illuminated
the
Industrial
Districts
pavement
Parks, etc.
or ground
Billboards
H-B & M-2
300 sq. ft.
X
Each billboard shall
(off -site
be at least a 1,000 ft
Business
radium from another
Signs
one
Portable
H-B, M-1, & M-2
Shall be at least
X
Advertise only goods
signs
5 feet from
and services
street curb
provided on the site
of the sign
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ARTICLE 11 - SUPPLEMENTAL DEVELOPMENT STANDARDS
Section 11-1 - Definition
Projects that involve multiple uses of a tract of land (even though they may be subdivided among
many individual owners after development is completed). They are generally larger and more
complex than a single use on a tract of land. Examples are shopping centers, apartment
complexes, and industrial parks.
Section 11-2 - Development Plan
Because of the complex nature of these projects the community must review and approve a site
development plan for these projects, containing the following information:
11-2.1 Location, arrangement, and dimensions of truck loading and unloading spaces and
docks.
11-2.2 Location, arrangement, and dimensions of automobile parking spaces, width of
aisles, width of bays, and angle parking.
11-2.3 Location and dimensions of vehicular entrances, exits, and drives.
11-2.4 General drainage systems.
11-2.5 Location and materials of walls and fences
11-2.6 Ground cover, topography, slopes, banks, and ditches.
11-2.7 The location and general exterior dimensions of main and accessory buildings.
11-2.8 Architectural plans for proposed buildings.
11-2.9 The location, dimensions, and arrangements of areas to be devoted to plantings,
lawns, trees, and other plants.
11-2.10 The plans for proposed utility layouts, including sanitary sewers, storm sewers,
water distribution lines, natural gas, telephone, and electric service (all utilities
shall be constructed to local government body standards, if applicable).
11-2.11 An analysis of anticipated traffic volume
11-2.12 Sediment control plan
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11-2.13 Evidence that the North Carolina Department of Transportation has been made
aware of the proposed development and that the developer will coordinate his
project with this agency.
11-2.14 Plans for refuse disposal equipment and method of disposal (compactors,
dumpsters).
11-2.15 Delineation of area to be constructed in phases and sequential order.
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ARTICLE 12 - NONCONFORMING USES AND BUILDINGS
Any parcel of land, use of land, building or structure existing at the time of the adoption of this
ordinance, or any amendment, that does not conform to the use or dimensional requirements of
the district in which it is located, may be continued and maintained subject to the following
categories of nonconforming uses:
Section 12-1 - Nonconforming Vacant Lots
Vacant lots that have been platted and recorded in the office of the Register of Deeds of
Alamance County, which fail to comply with the minimum area and/or dimensional
requirements of the districts where they are located at the time of adoption of this ordinance.
Such nonconforming lots may be used for the uses permitted in the district provided that:
12-1.1 Where the lot area is not more than twenty (20) percent below the minimum
specified in this ordinance, and other dimensional requirements are met, the
Zoning Enforcement Officer is authorized to issue a Zoning Permit.
12-1.2 Where the lot area is more than twenty (20) percent below the minimum specified
in this ordinance or other dimensional requirements cannot be met, the Board of
Adjustment is authorized to approve as a variance such dimensions as shall
conform as closely as possible to the required dimensions.
12-1.3 Notwithstanding the foregoing, whenever two (2) or more adjoining vacant lots of
record are in single ownership at the time after the adoption of this ordinance and
such lots individually have less area or width than the minimum requirements of
the district where such lots are located, such lots shall be considered as a single lot
or several lots which meet the minimum requirements of this ordinance.
Section 12-2 Nonconforming Occupied Lots
Lots occupied by buildings or structures at the time of the adoption of this ordinance, that fail to
comply with the minimum requirements for area, width, yard and setbacks for the district where
they are located may continue to be used without complying with the specific requirements for
use, or dimensional requirements.
Section 12-3 - Nonconforming Open Uses of Land
Lots used for storage yards, used car lots, auto wrecking, junkyards, and similar open spaces
where the only buildings on the lot are incidental and accessory to the open use of the lot and
where such use of the land is not permitted to be established hereafter, under this ordinance, in
the district in which it is located my be continued except as follows.
12-3.1 When a nonconforming open use of land has been changed to a conforming use, it
shall not thereafter revert to any nonconforming use.
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12-3.2 Nonconforming open use of land shall be changes only to conforming use.
12-3.3 A nonconforming open use of land shall not be enlarged to cover more land than
was occupied by that use when it became nonconforming.
12-3.4 When any nonconforming open use of land is discontinued for a period in excess
of one hundred and eighty (180) days, any future use of the land shall be limited
to those uses permitted in the district where the land is located. Vacancy and/or
non-use of the land, regardless of the intent of the owner or tenant, shall constitute
discontinuance under this provision.
12-3.5 In the case of lots used for storage yards, metal salvage facilities, or junk yards, all
such uses shall be removed within two years of the effective date of this
ordinance amendment if not otherwise removed earlier in accordance with
subsections 12-3.1 through 12-3.4. (Amended on August 2, 2007; ZTA-1-07)
Section 12-4 - NonconforminL3 Uses of Structures
Buildings or structures used at the time of enactment of this ordinance for purpose or use not
permitted in the district in which they are located. Such uses may be continued as follows:
12-4.1 An existing nonconforming use may be change to another nonconforming use of
the same or higher classification provided that the other conditions in this article
are met. For the purpose of this ordinance, the rank order of uses from higher to
lower shall be: 1) residential, 2) public, 3) commercial, and 4) industrial.
12-4.2 When a nonconforming use has been changed to a conforming use, it shall not
thereafter be used for any nonconforming use.
12-4.3 A nonconforming use may not be extended or enlarged nor shall a structure
containing a nonconforming use be altered except as follows:
12-4.4 Structural alterations as required by law or ordinance to secure the safety of the
structure are permissible.
12-4.5 Maintenance and repair necessary to keep a structure containing a nonconforming
use in sound condition are permissible.
12-4.6 Expansion of a nonconforming use of building or structure into portions of the
structure which, at the time the use became nonconforming, were already erected
and arranged or designed for such nonconforming use is permissible.
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12-4.7 When any nonconforming use of a building or structure is discontinued for a
period in excess of one hundred and eighty (180) days, the building or structure
shall not hereafter be used except in conformance with the regulations of the
district where it is located.
Section 12-5 - Reconstruction of Damaged Buildings or Structures
Any nonconforming use, which has been damaged by fire, wind, flood or other causes, may be re
repaired and used as before provided:
12-5.1 Repairs are initiated within twelve (12) months and completed within two (2)
years of such damage.
12-5.2 The total amount of space devoted to a nonconforming use is not increased, and
the reconstructed building is not more nonconforming with respect to dimensional
restrictions.
90

ARTICLE 13 - LEGAL PROVISIONS
Section 13-1 - Conflicts with other regulations
This ordinance is not intended to interfere with, abrogate, or annul any easements, covenants, or
other agreements between parties. However, when this ordinance imposes a greater restriction,
the provisions of this ordinance shall govern.
Section 13-2 - Violations of this Ordinance
In any case when a building is constructed or used or land is used in violation of this ordinance,
the Town or neighboring property owner who would be affected may institute injunction,
mandamus, or other appropriate action or proceedings to prevent the occupancy of the building,
structure, or land.
Section 13-3 - Penalties
Any person who violates the provisions of this ordinance shall upon conviction be guilty of a
misdemeanor and shall be fined not more than fifty (50) dollars or imprisoned for not more than
thirty (30) days. Each day a violation continues to exist shall be considered a separate offense
provided the violation of this ordinance is not corrected within thirty (30) days after notice of the
violation has been given.
Section 13-4 - Reenactment and Reveal of ExistinLy Ordinance
When a new ordinance is adopted, all provisions of the original ordinance shall be repealed
except those specifically reenacted. All suits at law or in equity and/or all prosecutions resulting
from violations of the existing ordinance shall not be abandoned or abated even if the ordinance
is repealed or amended and a new ordinance adopted.
Section 13-5 - Constitutionali
If any article, section or provision of this ordinance is declared by the courts to be
unconstitutional or invalid, that decision shall not affect the validity of the ordinance as a whole
or any part other than the part declared to be unconstitutional or invalid.
Section 13-6 - Schedule of Fees
Fee shall be paid at the time an application is presented to the Zoning Enforcement Officer at
rates determined by the Green Level Town Council.
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Section 13-7 - Adoption and Effective Date
This ordinance shall take effect on February 14, 1991. Duly adopted by the Town
Council, Green Level, North Carolina, this 14th day of February, 1991.
Duly amended on October 14, 1993.
Duly amended on April 10, 1997.
Duly amended on September 11, 1997. This amendment added Section 6-4 Residential -
Exclusive District.
Duly amended on 2002. This amendment clarifies the use and
interpretation of this ordinance by refining various district regulations, moving
supplemental requirements from Section 11 into appropriate district provisions, and
adding the Table of Permitted Uses to Section 6. This amendment also refines the
regulation of manufactured homes and manufactured home parks, treating them more like
other subdivisions. In addition, this amendment turns R-40 and R-80 districts into
overlay zones, and adds R WS as the underlying zoning district.
SEAL
92