WSCO_ROWA_Zoning Ordinance with SCM Amendments_20190520

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Chapter 21: ZONING
Article I. In General
Sec.21-1. Title.
Sec.21-2. Purpose.
Sec.21-3. Authority.
Sec.21-4. Definitions.
Sec.21-5. Jurisdiction.
Sec. 21-6. Bona fide farms exempt.
Sec.21-7. Severability.
Sec.21-8. Abrogation.
Sec. 21-9. Use or sale of land or buildings except in conformity with chapter provisions.
Sec. 21-10. Relationship to other ordinances.
Sec. 21-11. Zoning vested rights.
Sec.21-12. Fees.
Sec.21-13. Enforcement.
Sec. 21-14. Violations and penalties.
Sec. 21-15. Effective date.
Sec.21-16. Adoption.
Secs.21-17--21-30. Reserved.
Article II. General and Overlay Districts
Sec. 21-31. Zoning districts established.
Sec. 21-32. General zoning districts defined; purpose and intent.
Sec. 21-33. Overlay districts.
Sec. 21-34. Economic development districts established for I-85.
Secs.21-35--21-50. Reserved.
Article III. Site Plans, Special Requirements, Conditional Use Permits and Conditional Zoning Districts
Sec.21-51. Purpose.
Sec. 21-52. Site plan required.
Sec. 21-53. Permitted uses with special requirements.
Sec. 21-54. Maximum building size and setback requirements for certain uses listed as SR in the Rural
Agricultural District.
Sec. 21-55. General criteria for uses listed as SR in article III.
Sec. 21-56. Specific criteria for uses listed as SR in section 21-113.
Sec. 21-57. Review and approval of conditional uses.
Sec. 21-58. Review procedures.
Sec. 21-59. Evaluation criteria.
Sec. 21-60. Conditional use requirements for specific uses.
Sec. 21-61. Conditional zoning districts.
Sec. 21-62. Effect of approval for conditional zoning districts.
Sec. 21-63. Application re -submittal for conditional use permits and conditional zoning districts.
Sec.21-64. Reserved.
Sec. 21-65. General criteria for uses listed as SR in the NB District in section 21-113.
Secs.21-66--21-80. Reserved.
Article IV. Dimensional Criteria
Sec. 21-81. Dimensional requirements; general.
Sec. 21-82. Measurement of setback or building line.
Sec. 21-83. Rear yard triangular lot.
Sec. 21-84. Table of dimensional requirements.
Secs. 21-85--21 -110. Reserved.
Article V. Permitted and Conditional Uses
Sec.21-111. Generally.
Sec. 21-112. Relation to Standard Industrial Classification (SIC) Manual, 1987; executive office of the president,
office of management and budget.
Sec. 21-113. Table of uses.
Secs.21-114--21-130. Reserved.
Article VI. Nonconforming Situations
Sec. 21-131. Purpose and intent.
Sec. 21-132. General provisions.
Sec. 21-133. Continuation of nonconforming use of land.
Sec. 21-134. Conditions for continuance for a change in nonconforming situation.
Sec. 21-135. Extension, enlargement or replacement of a nonconforming use.
Sec. 21-136. Repairing damaged nonconforming structures.
Sec. 21-137. Abandonment and discontinuance.
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Sec. 21-138. Miscellaneous nonconforming situations.
Sec. 21-139. Nonconforming signs.
Sec. 13-140. Projections into required setbacks.
Sec. 21-141. Nonconforming family businesses in the RA District.
Secs.21-142--21-160. Reserved.
Article VII. Parking
Sec.21-161. Purpose.
Sec. 21-162. General design requirements.
Sec. 21-163. Parking areas.
Sec. 21-164. Parking space requirements.
Sec. 21-165. Flexibility of administration.
Sec. 21-166. Table of parking requirements.
Secs.21-167--21-180. Reserved.
Article VIII. Signs
Sec.21-181. Applicability.
Sec. 21-182. Lighting of signs.
Sec. 21-183. Off -premises signs.
Sec. 21-184. Prohibited signs.
Secs.21-185--21-210. Reserved.
Article IX. Screening and Buffering
Sec.21-211. Purpose.
Sec.21-212. Applicability.
Sec. 21-213. Buffer requirements.
Sec. 21-214. Letter of compliance.
Sec. 21-215. Required screening type.
Sec. 21-216. Screening and buffering.
Sec. 21-217. Alternative buffers and screening.
Sec. 21-218. Existing vegetation.
Sec. 21-219. Applicability of screening and buffering requirements.
Secs.21-220--21-240. Reserved.
Article X. Nuisances
Sec.21-241. Noise.
Sec. 21-242. Fumes and odors.
Sec.21-243. Vibration.
Sec. 21-244. Junked motor vehicles.
Sec. 21-245. Standards for junked motor vehicles stored at nonconforming automobile repair facilities.
Sec. 21-246. Standards for automobile salvage yards.
Sec. 21-247. Nonconforming salvage yards existing on February 16, 1998.
Sec. 21-248. Removal of junked or abandoned vehicles.
Sec. 21-249. Order to remove, disposal by county.
Secs.21-250--21-270. Reserved.
Article XI. General Development Standards, Exceptions and Modifications
Sec.21-271. Generally.
Sec. 21-272. Issuance of building permits.
Sec. 21-273. Type and number of uses permitted in all zones.
Sec. 21-274. Visibility at intersections.
Sec.21-275. Antennae.
Sec. 21-276. Skirting of manufactured homes.
Sec. 21-277. Exceptions and modifications.
Sec. 21-278. Skirting in existing manufactured home parks.
Sec. 21-279. Exceptions for certain turkey shoots.
Sec. 21-280. Construction trailers.
Sec. 21-281. Temporary uses.
Sec.21-282. Reserved.
Sec. 21-283. Maintenance of manufactured home parks.
Sec. 21-284. Location of manufactured homes not provided in the table of uses.
Sec. 21-285. Accessory structures.
Secs.21-286--21-310. Reserved.
Article XII. Administration and Hearing Requirements
Sec. 21-311. Board of commissioners.
Sec. 21-312. Planning board.
Sec. 21-313. Zoning board of adjustment (ZBA).
Sec. 21-314. Planning department.
Sec. 21-315. Hearing procedures for zoning map and text amendments, conditional use permits and variances
and interpretations.
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Sec. 21-316.
Exceptions for mailed notice requirements for large-scale rezoning.
2
Secs. 21-317.
High Density development permit application.
3
Secs.21-318--21-330.
Reserved
4
Article XIII. Appeals,
Variances and Interpretations
5
Sec.21-331.
Appeals.
6
Sec.21-332.
Variances.
7
Sec. 21-333.
Recordation of variances and conditions.
8
Sec.21-334.
Interpretations.
9
Sec. 21-335.
Variance from watershed overlay.
10
Sec. 21-336.
Judicial review of ZBA decisions.
11
Secs.21-337--21-360.
Reserved.
12
Article XIV. Text
and Map Amendments
13
Sec. 21-361.
Text amendments.
14
Sec. 21-362.
Map amendments (rezoning).
15
Sec. 21-363.
Hierarchy of districts.
16 ARTICLE I. IN GENERAL
17
18 Sec. 21-1. Title.
19 This chapter shall be known and may be cited as the Zoning Ordinance of Rowan County,
20 North Carolina and may be referred to as the "zoning ordinance" or "this chapter."
21 (Ord. of 1-19-98, § 1)
22 Sec.21-2. Purpose.
23 The purpose of this chapter is to establish planning and zoning requirements and procedures
24 for zoning in the unincorporated areas of the county outside the zoning jurisdiction of
25 municipalities. This chapter is adopted to promote the health, safety and general welfare of the
26 public. In accomplishing this, guidelines for the development and land use are presented. These
27 guidelines will provide for economic, social, and aesthetic advantages resulting from the orderly
28 planned use of land resources. This chapter recognizes that much of the county has developed
29 with smaller businesses and industries located in rural areas along with residential uses and that
30 such businesses, developed appropriately, are not detrimental to the health, safety and general
31 welfare of these areas. This chapter also recognizes that other residential areas in the county
32 desire more separation of residential uses from business and industrial uses. Certain areas in
33 the county are appropriate for concentrations of commercial, business and institutional uses and
34 are provided. Economic development is a recognized goal of the county and provisions are made
35 to allow timely location of industries that will advance the general welfare of the county's citizens,
36 while insuring that residential areas are protected from adverse impacts of this type of
37 development.
38 (Ord. of 1-19-98, § 1)
39 Sec. 21-3. Authority.
40 This article is adopted under the authority of G.S. Ch. 153A, Art. 18, Pt. 3 (planning and
41 regulation of development).
42 (Ord. of 1-19-98, § 1)
43 Sec.21-4. Definitions.
44 Unless otherwise expressly provided, or unless clearly required by the context, the words and
45 phrases defined in this section shall have the meaning indicated when used in this chapter. For
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1 any word that is not defined in this section, the common dictionary definition applies.
2 A -weighted sound level means the sound pressure level in decibels as measured on a sound
3 level meter using the A -weighting network. The level so read is designated as dB(A).
4 Abandon means to cease the regular use or maintenance of a lot, building or structure.
5 Abandoned motor vehicle means one that is left:
6 (1) On public grounds or county owned property in violation of a law or ordinance prohibiting
7 parking; or
8 (2) For longer than twenty-four (24) hours on property owned or operated by the county; or
9 (3) For longer than seven (7) days on public grounds.
10 Accessory structure means a structure detached from the principal structure and is customarily
11 incidental and subordinate to that structure.
12 Adult arcade means any place to which the public is permitted or invited wherein coin -operated
13 or slug -operated or electronically, electrically, or mechanically controlled still or motion picture
14 machines, projectors, or other image -producing devices are maintained to show images to
15 persons in booths or viewing rooms where the images so displayed are characterized as
16 depicting or describing "specified sexual activities" or "specified anatomical areas", as herein
17 defined.
18 Adult bookstore, adult novelty store, or adult video store means any establishment having:
19 1. Twenty-five (25) percent or more of its merchandise, inventory, stock -in -trade, or floor
20 space devoted to adult product, or that derives twenty-five (25) percent or more of its
21 gross sales from adult product, or that has twenty-five (25) percent of the dollar value of
22 its merchandise in adult product from one or more establishments defined as an adult
23 use including one or more of the following;
24 (a) Books, magazines, periodicals or other printed matter, or photographs, films, motion
25 pictures, video cassettes or video reproductions, slides, or other visual
26 representations that are characterized by an emphasis on depiction or description of
27 "specified sexual activities" or "specified anatomical areas"; or
28 (b) Instruments, devices, or paraphernalia that are designed for use in connection with
29 "specified sexual activities."
30 2. A preponderance (either in terms of the weight and importance of the material or in terms
31 of greater volume of material) of its stock (for sale or rent) including one or more of the
32 following:
33 (a) Books, magazines, periodicals or other printed matter, or photographs, films, motion
34 pictures, video cassettes or video reproductions, slides, or other visual
35 representations that are characterized by an emphasis on depiction or description of
36 "specified sexual activities" or "specified anatomical areas"; or
37 (b) Instruments, devices, or paraphernalia that are designed for use in connection with
38 "specified sexual activities."
39 Adult cabaret means a nightclub, bar, restaurant, or other commercial establishment that
40 regularly features, exhibits or displays as one of its principal business purposes:
41 (a) Persons who appear nude, semi-nude, or in lingerie; or
42 (b) Live performances which are characterized by the exposure of "specified anatomical
43 areas" or by "specified sexual activities"; or
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1 (c) Persons who, for a tip, fee, wage, donation, or any other form of consideration
2 engage in performances while wearing lingerie or in a nude or semi-nude condition,
3 which may or may not include strip teasing, intended for the sexual interests of an
4 audience or customer.
5 Adult motion picture theater means a commercial establishment where, for any form of
6 consideration, films, motion pictures, video cassettes, slides, or similar photographic
7 reproductions are regularly shown as one of its principal business purposes that depict or
8 describe "specified sexual activities" or "specified anatomical areas."
9 Adult theater means a theater, concert hall, auditorium, or similar establishment characterized
10 by (activities featuring) the exposure of "specified anatomical areas" or by "specified sexual
11 activities".
12 Adult use means an adult arcade, adult bookstore, adult cabaret, adult motion picture theater,
13 adult theater, massage parlor, sexual encounter center, or a combination thereof as defined by
14 these definitions. Notwithstanding any other provision of this ordinance, "adult use" shall be
15 broadly defined to include any business that has a section devoted to adult product as defined by
16 an adult bookstore or that holds itself out to the public, through advertising, signage, displays, or
17 other activities, as a purveyor of adult products or services.
18 Agricultural use means the use of land or water for bona fide farm purposes; the use of waters
19 for stock watering, irrigation, and other farm purposes.
20 Alternative tower structure means any structure in excess of forty (40) feet in height which is
21 not primarily constructed for the purpose of holding antennas but on which one (1) or more
22 antennas may be mounted that camouflage or conceal the presence of antennas or wireless
23 facilities. Alternative tower structures include, but are not limited to, buildings, silos, water tanks,
24 pole signs, lighting standards, steeples, billboards, electric transmission towers, clock towers,
25 bell steeples, light -poles and similar alternative -design mounting structures.
26 Antenna means a communication device which transmits and or receives electromagnetic radio
27 signals. Antennas may be directional, including panels and microwave dishes, and
28 omnidirectional including satellite dishes, whips, dipoles, and parabolic types. An antenna does
29 not include the tower or other supporting structure to which it is attached.
30 Apartment means an attached dwelling unit which is intended for rental purposes only.
31 Appeal means a request for a review by the board of adjustment of any administrator's decision
32 regarding any provision of this article.
33 Applicant means any person or entity that requests any administrative action or approval as
34 allowed under this chapter.
35 Approach surface means the surface longitudinally centered on the extended runway
36 centerline and extending outward and upward from each end of the primary surface. The inner
37 edge of the approach surface is the same width as the primary surface and it expands uniformly
38 to a width of sixteen thousand (16,000) feet as provided for precision instrument runways. The
39 approach surface extends from the primary surface along the extended runway centerline for a
40 horizontal distance of ten thousand (10,000) feet at a slope of 50:1 with an additional forty
41 thousand (40,000) feet at a slope of 40:1.
42 Archery means the art, sport, or skill of shooting with a bow and arrow.
43 Automobile repair facility means any building, premises, and land in which or upon which a
44 business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles
45 is conducted or rendered.
46 Automobile salvage yard means any establishment selling wrecked, scrapped, ruined or
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1 dismantled motor vehicles or motor vehicle parts; any establishment or place of business upon
2 which six (6) or more unlicensed, used motor vehicles which cannot be operated under their own
3 power are kept or stored for a period of fifteen (15) days or more unless otherwise specified by
4 this chapter. Automobile salvage yard shall also mean "motor vehicle parts, used" (SIC 5015).
5 Balance of watershed means an area defined as the entire drainage basin upstream of an
6 draining to a WS-II or WS-III watershed critical area where the risk of water supply pollution is
7 greater than in surrounding areas.
8 Base course means that portion of the pavement structure of planned thickness placed
9 immediately below the pavement or surface course.
10 Base station is a station at a specific site authorized to communicate with mobile stations,
11 generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other
12 associated electronics.
13 Bed and breakfast inn means a lodging facility in which the operator resides and which is
14 established for the purpose of providing temporary overnight accommodations for tourists,
15 vacationers and other similar transients. The facility may have a dining room but only for the
16 provision of food for the registered guests of the facility.
17 Berm means a mound of earth or the act of pushing earth into a mound.
18 Block means a piece of land bounded on one (1) or more sides by streets or roads.
19 Board of commissioners, the County Board of Commissioners, Rowan County, NC.
20 Body shop means found as term "automobile repair facility."
21 Broadcast tower is any freestanding or building mounted structure, including any base, tower or
22 pole, antenna & appurtenances intended for transmitting radio or television signals.
23 Buffer means an area of natural or planted vegetation through which stormwater runoff flow is
24 diffused in a manner so that runoff does not become channelized and provides for infiltration of
25 the runoff and filtering of pollutants. The buffer is measured landward from the normal pool
26 elevation of impounded structures and from the bank of each side of streams or rivers.
27 Buffer strip means open space, landscaped area, fence, wall, berm, or any combination thereof
28 used to physically separate or screen one (1) use or property from another so as to visually
29 shield or block noise, lights, or other nuisances.
30 Building means a structure having a roof supported by columns or by walls, and intended for
31 shelter, housing or enclosure of persons, animals or property. The connection of two (2)
32 buildings by an open porch, breezeway, passageway, carport or other open structure, with or
33 without a roof, shall not be thought of as making them one (1) building.
34 Building, principal means a building in which is conducted the main or principal use of the lot on
35 which such building is located.
36 Building setback line --front means a line establishing minimum allowable distance between the
37 wall of the principal building and the street or road rights -of -way line when measured
38 perpendicularly from the rights -of -way. Covered porches, decks, uncovered porches or landings,
39 etc., but not including steps whether covered or not, shall be considered as part of the
40 principal building and shall not project into the required yard except as expressly provided
41 elsewhere in this chapter.
42 Building setback line --side or rear means a line establishing minimum allowable distance
43 between the wall of the principal building and the side or rear property lines. Covered porches,
44 decks, uncovered porches or landings, etc., but not including steps whether covered or not, shall
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1 be considered as part of the principal building and shall not project into the required yard except
2 as expressly provided elsewhere in this chapter.
3 Built -upon area means that portion of a development project that is covered by impervious or
4 partially impervious cover, including buildings, pavement, gravel areas (e.g. roads, parking lots,
5 and paths), recreation facilities (e.g. tennis courts), etc. This does not include slatted decks, the
6 water area of a swimming pool, a surface of number 57 stone, as designated by the American
7 Society for Testing and Materials, laid at least four inches thick over a geotextile fabric, and trails
8 defined in G.S. 113A-85 that are either unpaved or paved as long as the pavement is porous
9 with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour).
10
11 Cabin means a habitable structure used for overnight or temporary lodging of a recreational
12 rental purpose regardless of whether said structure is subject to the NC Building Code. For
13 purposes of this definition, the term does not include a dwelling unit, but is intended to include
14 cottages, huts, treehouses, yurts and other similar structures.
15 Caliper means the diameter of a tree trunk
16 Child care center means any child care arrangement which provides child care for between
17 three (3) and twelve (12) preschool -age children in a residence or three (3) or more children in a
18 building other than a residence on a regular basis of at least once per week for more than four
19 (4) hours but less than twenty-four (24) hours per day, regardless of the time of day and
20 regardless of whether the same or different children attend as defined by G.S. 110-86. The
21 following are not included: public schools; non-public schools whether or not accredited by the
22 state department of public instruction, which regularly and exclusively provide a course of grade
23 school instruction to children who are school -age; specialized activities such as athletics, dance,
24 music lessons, or Boy Scouts; summer day camps that operate less than four (4) consecutive
25 months and do not participate in the child care subsidy program; summer camps having children
26 in full-time residence; bible schools conducted during vacation periods; facilities licensed under
27 G.S. Ch. 122C, Art. 2; and cooperative arrangements among parents to provide care for their
28 own children as a convenience rather than for employment.
29 Church/synagogue means a tax exempt building used for nonprofit purposes by a recognized
30 and legally established sect for the purpose of worship, including educational buildings and
31 daycare facilities when operated by such church/synagogue.
32 Classic motor vehicle means any motor vehicle, twenty (20) years old or older, being of
33 recognized and enduring interest, appeal and importance to the owner.
34 Cluster development shall refer to residential clustering for the purposes of this chapter.
35 Co -location means the placement or installation of additional antennas, antenna arrays or
36 wireless facilities on an existing wireless support structure or broadcast tower, the sharing of an
37 antenna or antenna array, or otherwise sharing a common location by two (2) or more FCC
38 licensed providers of mobile broadband or wireless telecommunication services. Co -location
39 does not include routine maintenance on wireless support structures and facilities, including in-
40 kind replacement of wireless facilities. Routine maintenance includes activities associated with
41 regular and general upkeep of transmission equipment, including the replacement of existing
42 wireless facilities with facilities of the same size.
43 Combination use means a use consisting of a combination on one (1) lot of two (2) or more
44 principal uses separately listed in the table of permissible uses in section 21-113.
45 Community water system means a public water supply approved by the state department of
46 Environmental Quality Division of Water Resources, public water supply section, that serves at
47 least fifteen (15) service connections used by year-round residents or regularly serves at least
48 twenty-five (25) year round residents which is owned and operated by a privately owned for profit
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1 or nonprofit licensed water supply firm or corporation or a private individual.
2 Conditional use permit means a permit that authorizes that recipient to establish a specified
3 conditional use.
4 Condominium means an estate in real property consisting of an undivided interest in common
5 with other purchasers in a portion of real property, together with a separate interest in space in a
6 building. A condominium may include, in addition, a separate interest in other portions of such
7 real property.
8 Conical surface airport means a surface beginning at the periphery of the horizontal surface,
9 extending outward and upward for a horizontal distance of four thousand (4,000) feet and
10 increasing in height at a 20:1 slope.
11 County manager means the County Manager of Rowan County.
12 Courtesy hearing means a public hearing that provides an opportunity for the public to express
13 their views and opinions on an agenda item under consideration by the Planning Board.
14 Covenant, restrictive means the private limitations or controls placed upon the use of land.
15 Critical area means the area adjacent to a water supply intake or reservoir where risk
16 associated with pollution is greater than from the remaining portions of the watershed. The
17 critical area is defined as extending either one-half (1/2) mile from the normal pool elevation of
18 the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes
19 first); or one-half (1/2) mile upstream from the intake located directly in the stream or river (run-
20 of -the -river), or the ridge line of the watershed (whichever comes first).
21 Curb Outlet System means curb and putter with breaks or other outlets used to convey
22 stormwater runoff to vegetated conveyances or other vegetated areas.
23 Dead storage means to accumulate or keep for an extended period.
24 Decibel (dB) means a unit for describing the amplitude of sound, equal to twenty (20) times the
25 logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference
26 pressure, which is twenty (20) micronewtons per square meter.
27 Declaration of unit ownership means a duly recorded instrument by which property is submitted
28 to the provisions of G.S. Ch. 47A.
29 Dedication means a gift, by the owner, of the right to use or possess land for a specified
30 purpose or purposes. This transfer of property rights requires a written document stating
31 dedication and is completed with an acceptance.
32 Deed restrictions. See term "covenant, restrictive."
33 Developed lot means a lot of record which at the effective date was occupied by structures
34 used for residential, religious, governmental, business, commercial, industrial purposes or as a
35 place of public assembly.
36 Developer means any person, firm, trust, partnership, association or corporation engaged in
37 development, or proposed development activities.
38 Development means any land disturbing activity that adds to or changes the amount of
39 impervious or partially impervious cover on a land area, or which otherwise decreases the
40 infiltration of precipitation into the soil.
41 Dimensional nonconformity means a nonconforming situation that occurs when the height,
42 size, or minimum floor space of a structure or the relationship between an existing building or
43 buildings and other building or lot lines does not conform to the regulations applicable to the
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1 district in which the property is located
2 Discontinue means to stop or cease the use of a property.
3 District. See term "zoning district."
4 Drinking Place means an establishment whose principal purpose is to derive income from the
5 sale of alcoholic beverages that are served and consumed on premise. These establishments,
6 commonly known as bars, pubs, saloons, and taverns, hold themselves out to the public through
7 advertising, signage, or other activities as purveyors of alcoholic beverages served on premise.
8 Drinking places may also provide limited food services but do not meet the definition of an eating
9 place as defined herein. In determining whether a use meets this definition, the Zoning
10 Administrator may also consider the percentage of income from alcoholic beverage sales, floor
11 plans, and plans / permits from the Rowan County Building Inspections Department, Rowan
12 County Environmental Health Division, and the North Carolina ABC Commission. Unless
13 otherwise indicated, this definition does not include congressionally chartered veteran
14 organizations or wine tasting rooms defined by G.S. 1813-1000 or this ordinance.
15 Driveway means a private travel way which provides access from a public or private road,
16 street or easement.
17 Dwelling unit means a building, or portion thereof, providing complete and permanent living
18 facilities for one (1) family.
19 Dwelling unit, attached means a dwelling unit that shares one (1) or more common walls with
20 other similar units.
21 Dwelling unit, detached means any dwelling unit that is freestanding and shares no common
22 walls with any other dwelling unit.
23 Easement means a grant by the property owner to the public, a corporation, or persons, of the
24 right to use a specified portion of a lot or lots for a specified purpose.
25 Eating Place means an establishment principally engaged in preparing and serving food and
26 beverages, which may or may not be consumed on premise, and in which the service of
27 alcoholic beverages are accessory to the service of food and non-alcoholic beverages in terms of
28 sales and square footage. In determining whether a use meets this definition, the Zoning
29 Administrator may also consider the percentage of income from alcoholic beverage sales, floor
30 plans, and plans / permits from the Rowan County Building Inspections Department, Rowan
31 County Environmental Health Division, and the North Carolina ABC Commission.
32 Eligible facilities request means a request for modification of an existing wireless support
33 structure or base station that involves co -location of new transmission equipment but does not
34 include a substantial modification.
35 Equipment compound means an area surrounding or near the base of a wireless support
36 structure within which a wireless facility is located.
37 Erosion means the wearing away of the earth's surface by water, wind, or other natural agents
38 under natural environmental conditions undisturbed by man.
39 Existing development means a project that is built or those projects that at a minimum have an
40 established right under state common law as of the effective date of this chapter based on at
41 least one (1) of the following criteria:
42 (1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance
43 upon having received a valid local government approval to proceed with the project; or
44 (2) Having an outstanding valid building permit as authorized by G.S. 153A-344.1
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1 "Existina" imaervious develoament. Consists of anv structure(s) or oaerational area(s)
2 that has either been:
3 1. In existence and continuous operation prior to the effective date of the Rowan
4 County Water Supply Watershed Ordinance on January 1, 1994 (since codified in
5 the RCZO); or,
6 2. Lawfully permitted prior to the effective date (February 16, 1998) of the Rowan
7 County Zoning Ordinance; or,
8 3. Lawfully permitted in accordance with the standards of the Rowan County
9 Zoning Ordinance prior to the effective date of the High Density amendments
10 contained in Section 21-33(f) of the RCZO.
11 Existing lot (lot of record) means a lot that is part of a subdivision, a plat of which has been
12 recorded in the office of the register of deeds before the adoption of this chapter, or a lot
13 described by metes and bounds, the description of which has been so recorded before the
14 adoption of this chapter.
15 Extraterritorial jurisdiction (ETJ) means that portion of a city or town planning jurisdiction that
16 lies outside the corporate limits of the city or town within which municipal land use regulations
17 apply.
18 Fall zone means an area in which a wireless support structure or broadcast tower may be
19 expected to fall in the event of a structural failure, as measured by engineering standards.
20 Family care home means an adult care home with support and supervisory personnel that
21 provides room and board, personal care and habilitation services in a family environment for not
22 more than six (6) resident handicapped persons.
23 Family child care home means any child care program or child care arrangement wherein any
24 person provides child care on a regular basis at least once per week for more than four (4) hours
25 per day for five (5) or fewer preschool -age children and / or three (3) or fewer school -age
26 children under thirteen (13) years of age, wherever operated, and whether or not operated for
27 profit as defined by G.S. 110-86. The provider's own preschool -age children are included in the
28 capacity totals but their school -age children are not. The four-hour limit applies regardless of the
29 time of day and regardless of whether the same or different children attend. Cooperative
30 arrangements among parents to provide care for their own children as a convenience rather than
31 for employment are not included.
32 Family, Immediate means an individual's grandparents, step -grandparents, parents, step-
33 parents, sibling (full, half, or step), children, step -children, grandchildren, and step -grandchildren,
34 whether natural or legal.
35 Farm, bona fide means the production and activities relating or incidental to the production of
36 crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other
37 forms of agriculture as defined in G.S. 106-581.1 subject to G.S. 153A-340 (b).
38 Fence means any artificially constructed barrier erected to enclose or screen areas of land
39 used as a boundary or means of protection or confinement.
40 Firearm means a weapon, including pistols, rifles, and shotguns, capable of firing a projectile
41 using an explosive charge as a propellant.
42 Firing line means a line parallel to a target from which firearms or arrows are discharged.
43 Frontage means the side(s) of a lot abutting a legally accessible public or private street rights-
44 of -way.
45 G.S. refers to the North Carolina General Statutes.
46 Garage. See term "automobile repair facility."
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1 Go kart means a miniature open wheeled four -wheeled racing vehicle having a maximum
2 height of fifty (50) inches, a maximum length of eighty-eight (88) inches, a maximum wheel base
3 of fifty-six (56) inches and a maximum engine displacement of 253 cc. This definition shall
4 include but not be limited to quarter midget racecars sanctioned by the Quarter Midgets of
5 America and go karts sanctioned by the World Karting Association.
6 Grade finished means the final grade elevation after grading for development.
7 Grade natural means the elevation of the ground in its natural state before construction, filling
8 or excavation.
9 Gross floor area means the total area of a building measured by taking the outside dimensions
10 of the building at each floor level intended for occupancy or storage.
11 Handicapped person means a person with a temporary or permanent physical, emotional, or
12 mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism,
13 hearing and sight impairments, emotional disturbances and orthopedic impairments but not
14 including mentally ill persons who are dangerous to others as defined in G.S. 122C-3(11)b.
15 Hazardous material means any substance listed as such in SARA Section 302 (extremely
16 hazardous substances), or Section 311 of CWA (oil and hazardous substances).
17 Health care facility means a facility of institution, whether public or private, principally engaged
18 in providing services for health maintenance, diagnosis or treatment of human diseases, pain,
19 injury, deformity, or physical conditions.
20 Health or safety nuisance of a motor vehicle may be declared a health or safety nuisance when
21 it is found to be:
22 (1) A breeding ground or harbor for mosquitoes or other insects, snakes, rats, or other
23 pests;
24 (2) A point of heavy growth of weeds or other non -toxic vegetation over eight (8) inches
25 in height;
26 (3) A point of concentration of gasoline, oil, or other flammable or explosive materials;
27 (4) So located that there is a danger of the vehicles falling or turning over; or
28 (5) A source of danger for children through entrapment in areas of confinement that
29 cannot be opened from the inside or from exposed surfaces of metal, glass, or other
30 rigid materials.
31 Home occupation means a business, profession, occupation, or trade for the economic gain or
32 support of a resident of the dwelling, and which is incidental and secondary to the residential use
33 of the lot, and which does not adversely affect the character of the lot or surrounding area.
34 Home occupation, rural means an accessory use subordinate to the primary residential use of
35 the property operated by persons residing in the principal building on the same parcel of land
36 upon which the home occupation is located. The use would not generate conspicuous traffic or
37 nonresidential levels of odor, glare or dust. The use shall not exceed two thousand (2,000)
38 square feet. Outside storage is sited to the rear of the building and is within the required
39 setbacks. All parking must be provided off-street.
40 Homeowners association means a private, nonprofit corporation of homeowners formally
41 constituted for the purpose of owning, operating, and maintaining common properties. Also
42 known as a "declaration of unit ownership" in a condominium development.
43 Horizontal surface means a horizontal plane one hundred fifty (150) feet above the established
44 airport elevation of seven hundred seventy-one (771) feet mean sea level, the perimeter of which
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1 is constructed by swinging arcs with a radius of ten thousand (10,000) feet from the center of
2 each end of the primary surface of each end of the runway, including any planned extensions,
3 and connecting the adjacent arcs by lines tangent to those arcs.
4 Instrument landing system (ILS) means a radio navigation system which provides aircraft with
5 horizontal and vertical guidance prior to and during landing, and at certain fixed points, indicates
6 the distance to the reference point of landing.
7 Junk means scrap, copper, brass, rope, rags, batteries, paper, trash, rubber or junked,
8 dismantled or wrecked motor vehicles, or parts thereof, iron, steel and other old or scrap ferrous
9 or nonferrous materials.
10 Junked motor vehicle means a vehicle that does not display a current license plate and:
11 (1) Is partially dismantled or wrecked; and
12 (2) Cannot be self-propelled or moved in the manner in which it originally was intended to
13 move.
14 Junkyard means any establishment or place of business which is maintained, operated, or
15 used for storing, keeping, building, or selling junk or for maintenance or operation of a motor
16 vehicle graveyard. An establishment or place of business which stores or keeps for a period of
17 fifteen (15) days or more material within the meaning of "junk" (as previously defined) which had
18 been derived or created as a result of industrial activity shall be considered to be a junkyard
19 within the meaning of this chapter.
20 Junkyard Control Act means G.S. Ch. 136, Art. 12, 136-141--136-155 which delegate to the
21 state department of transportation the responsibility to regulate 'junkyard" and "automobile
22 graveyards" located on interstate and federal -aid primary system highways.
23 Kennel means a commercial operation that provides food, shelter, and care of dogs for
24 purposes not primarily related to medical care or engages in the breeding of dogs for sale.
25 Land division. See term "subdivision."
26 Landfill means a facility for the disposal of solid waste on land in a sanitary manner in
27 accordance with G.S. Ch. 130A, Art. 9. For the purpose of this chapter, this term does not
28 include composting facilities.
29 Landowner means an owner of a legal or equitable interest in real property, including the heirs,
30 devisees, successors, assigns, and personal representative of such owner. Also includes a
31 person holding a valid option to purchase land to act as an agent or representative.
32 Livestock facility means any farm structure or improvement used for waste lagoons, animal
33 waste storage areas, poultry houses or hog lots and similar uses.
34 Lot means a parcel of land or any combination of several parcels of land occupied or intended
35 to be occupied by a principal use or structure, together with accessory structures or uses such as
36 accessways, parking areas, yards, and open spaces required by this chapter.
37 Lot area means the total area circumscribed by the boundaries of a lot, except that when the
38 legal instrument creating a lot shows the boundary of the lot extending into a public street rights-
39 of -way, then the lot boundary shall be the street rights -of -way, or if the rights -of -way line cannot
40 be determined, a line running parallel to and thirty (30) feet from the center of the traveled portion
41 of the street.
42 Lot boundary line means a line that divides one lot from another or from a rights -of -way.
43 Lot, corner means a lot abutting on and at the intersection of two (2) or more streets. A lot
44 abutting on a curved road or roads shall be considered a corner lot if straight lines drawn from
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1 the foremost point of the lot meet at an interior angle of less than one hundred thirty (130)
2 degrees.
3 Lot, double frontage. See term "lot, through."
4 Lot, flag means a lot which has less than the required amount of frontage on a street and relies
5 on a panhandle -shaped corridor for access to the bulk of the lot.
6 Lot, interior means a lot other than a corner lot with only one (1) frontage on a street.
7 Lot, panhandle means a lot other than one having access on a cul-de-sac, which contains a
8 narrow strip providing street access.
9 Lot, reverse frontage means a through lot which is not accessible from one (1) of the parallel or
10 non -intersecting streets upon which it fronts.
11 Lot, single -tie means a lot which backs upon a limited access highway, a railroad, a physical
12 barrier, or another type of land use and to which access from the rear is usually prohibited.
13 Lot, through means a lot that has a pair of opposite lot lines along two (2) substantially parallel
14 streets, and which is not a corner lot. Also known as a "double frontage lot."
15 Lot, zone means that portion of a parcel possessing a specific zoning designation. The zone lot
16 may be the entire parcel.
17 Lot of record. See term "existing lot".
18 Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An
19 unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or
20 limited storage in an area other than a basement area is not considered a building's lowest floor,
21 provided that such an enclosure is not built so as to render the structure in violation of the
22 applicable non -elevation design requirements of this ordinance.
23 Manufactured home means, as defined in G.S. 143-145, a structure transportable in one (1) or
24 more sections, which is eight (8) body feet or more in width, and which is built on a permanent
25 chassis and designed to be used as a dwelling with or without a permanent foundation when
26 connected to the required utilities; and includes plumbing, heating and electrical systems
27 contained therein. Travel trailers and campers shall not be considered manufactured homes. The
28 term "manufactured home" is the same as a mobile home.
29 Manufactured home park means a single lot used or intended to be used, leased, or rented, for
30 occupancy by two (2) or more manufactured homes as defined in this section, which are
31 anchored in place by a foundation or other stationary support, to be used for living or commercial
32 purposes of any kind, together with automobile parking space and incidental utility structure and
33 facilities required and provided in connection therewith. This definition shall not include
34 manufactured home sale lots on which unoccupied manufactured homes are parked for purpose
35 of inspection and sales. This definition shall also not include the rental of manufactured home
36 lots and/or spaces located outside the manufactured home park (MHP) district. Rental
37 manufactured home lots and/or spaces shall be subject to all applicable development standards
38 for the district they are located in, including but not limited to skirting requirements of this
39 chapter.
40 Manufactured home park, family means a manufactured home park, consisting of two (2) or
41 three (3) units in the RA district, or two (2) units in the RR district, occupied by the property
42 owner and/or members of his / her immediate family: to wit, their lineal descendants or
43 antecedents. A single manufactured home on a lot shall not constitute a manufactured home
44 park.
45 Manufactured home space shall mean a plot of land within a manufactured home park
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1 designed for the accommodations of a single manufactured home in accordance with the
2 requirements set forth in this section.
3 Manufactured home, type / means a manufactured home constructed after July 1, 1976, that
4 meets or exceeds the construction standards promulgated by the U.S. Department of Housing
5 and Urban Development that were in effect at the time of construction and that satisfies each of
6 the following additional criteria:
7 (1) The home has a length not exceeding four (4) times its width;
8 (2) The pitch of the home's roof has a minimum vertical rise of one (1) foot for each five (5)
9 feet of horizontal run, and the roof is finished with a type of shingle or other roofing material
10 that is commonly used in standard residential construction;
11 (3) The exterior siding consists of wood, hardboard, aluminum (vinyl covered or painted) or
12 vinyl comparable in composition, appearance, and durability to the exterior siding
13 commonly used in standard residential construction;
14 (4) The tongue, axles, transporting lights, and removable towing apparatus are removed after
15 placement on the lot and before a certificate of occupancy is issued.
16 Manufactured home, type 11 means a manufactured home which meets all requirements of a
17 manufactured home, type I, except for the length to width ratio.
18 Manufactured home, type I// means a manufactured home that meets or exceeds the
19 construction standards promulgated by the federal department of housing and urban
20 development that were in effect at the time of construction but that does not satisfy the criteria
21 necessary to qualify the house as a type I or type II manufactured home.
22 Manufactured home, type IV means any manufactured home which was built prior to July 1,
23 1976 or does not meet the criteria for a type I, II, or III manufactured home.
24 Massage parlor means an establishment or business wherein massage is practiced, including
25 establishments commonly known as health clubs, physical culture studios, massage studios or
26 massage parlors, where massage involves the manipulation of body muscle or tissue by rubbing,
27 stroking, kneading, or tapping, by hand or mechanical device. Establishments meeting the ethical
28 and educational certification requirements to become a member of the American Massage
29 Therapy Association or equivalent state or national standard are not intended to be regulated as
30 an adult use. In addition, this section is not intended to regulate professional physical therapists
31 or other medical practitioners.
32 Minerals are soil, clay, coal, stone, gravel, sand, phosphate, rock, metallic ore, and any other
33 solid material or substance of commercial value found in natural deposits on or in the earth.
34 Minimum Desian Criteria or "MDC" means the reauirements set forth in this Chaster for
35 siting, site preparation, design and construction, and post -construction monitoring and
36 evaluation necessary for Rowan County or NC Department of Environmental Quality to
37 issue stormwater Dermits that comply with State water aualitv standards adoated
38 pursuant to G.S. 143-214.1.
39 Mining means the breaking of the surface soil in order to facilitate or accomplish the extraction
40 or removal of minerals, ores, or other solid matter; any activity or process constituting all or part
41 of a process for the extraction or removal of mineral, ores, soils, and other solid matter from its
42 original location; and/or the preparation, washing, cleaning, or other treatment of minerals, ores,
43 or other solid matter so as to make them suitable for commercial, industrial, or construction use.
44 Model automobile means a small-scale vehicle replica (not including aircraft) having a
45 maximum height of 9.85 inches, a maximum length of thirty-one (31) inches, a maximum wheel
46 base of thirteen (13) inches, and a maximum engine displacement of 3.5 cc. These automobiles
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1 are typically powered by battery pack, gasoline, or similar means of movement and may be
2 operated by a hand-held device. This definition does not intend to regulate personal use of these
3 vehicles.
4 Modular home means sectional dwelling unit consisting of two (2) or more modules or sections
5 which are factory fabricated and transported to the home site where they are put on a permanent
6 foundation and joined to make a single-family dwelling. All such modular homes shall meet all
7 single-family dwelling requirements of the state Uniform Residential Building Code.
8 Monopole means a single pole structure, usually self-supporting, used to support antennas
9 Motor vehicle means a machine designed or intended to travel over land by self -propulsion or
10 while attached to any self-propelled vehicle.
11 Multiconnection private water system means a water supply furnishing potable water to two (2)
12 to fourteen (14) connections of residences or businesses, or any combination thereof, from one
13 (1) well that is not owned and operated by a public entity.
14 Multifamily dwelling means two (2) or more attached, single living units under the same roof
15 structure and connected by one (1) or more common walls. This includes, but is not limited to
16 apartments, duplexes, condominiums, triplexes, quadruplexes, or other similar buildings which
17 are for sale or rent and intended for human habitation.
18 Multi -tenant development means a tract of land under common control planned and developed
19 as an integral unit in a single development or planned phases of development. This type of
20 development shall consist of two (2) or more allowed uses sharing common walls. This type of
21 development typically has a unified or coordinated design of buildings and a coordinated
22 organization of service areas and common open space area.
23 NCDOT means the North Carolina Department of Transportation.
24 Noise means any sound which annoys or disturbs humans, or which causes, or tends to cause,
25 an adverse psychological or physiological effect on humans.
26 Nonconforming lot of record means a lot of record described by a plat or a deed that was
27 recorded prior to the effective date of this chapter (or its amendments) that does not meet the
28 minimum lot size or other development requirements of this chapter.
29 Nonconforming manufactured home park means a manufactured home park that on the
30 effective date of this chapter or the date of any subsequent amendment thereto, does not
31 conform to one or more regulations set forth in this chapter.
32 Nonconforming situation means a situation that occurs when, on the effective date of this
33 chapter or as a result of a subsequent amendment, an existing lot or structure or use of an
34 existing lot or structure does not conform to one (1) or more of the regulations applicable to the
35 district in which the lot or structure is located.
36 Nonresidential development means all development other than residential development,
37 agriculture, and silviculture.
38 Nudity or a state of nudity means any of the following:
39 (a) The appearance of a human anus, male genitals, female genitals, or the female breast
40 below a point immediately above the top of the areola.
41 (b) State of dress, which fails to opaquely cover the human anus, male genitals, female
42 genitals, or the female breast below a point immediately above the top of the areola.
43 Observed right-of-way. The area recognized in the Cabarrus-Rowan Metropolitan Planning
44 Organization (CRMPO) 2002-2030 Long Range Transportation Plan and referenced in Appendix
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1 A that may be utilized for future transportation improvements.
2 Official maps or plans means any maps or plans officially adopted by the board of
3 commissioners of the county.
4 Off -site means any area not contained within the boundaries of the site being developed,
5 whether or not the developer owns such land.
6 Open space means an area of land and/or water which is generally unimproved and is
7 reserved for recreation, resource protection, amenity, or buffer purposes; lacking in manmade
8 structures and reserved for enjoyment in its unaltered state.
9 Operational area means the dedicated or utilized area necessary for a business function and is
10 characterized by, but not limited to, buildings or warehouses, storage areas or stockpiles, parking
11 and loading areas, sediment ponds and detention areas, etc.
12 Operation and Maintenance Agreement. An agreement between a developer or owning
13 entity of a stormwater control measure (SCM) and either Rowan County or NC DEQ
14 depending on permitting authority. The agreement requires the developer or owning
15 entity to maintain, repair, or reconstruct the SCMs in accordance with the approved
16 design plans and the Operation and Maintenance Plan. The agreement shall be recorded
17 with the Rowan County Register of Deeds so as to appear in the chain of title for all
18 subsequent purchasers.
19 Operation and Maintenance Plan. Document specifying all operation and maintenance
20 work necessary for the function of all stormwater control measure (SCM) components,
21 including the stormwater conveyance system, perimeter of the device, inlet(s),
22 pretreatment measures, main treatment area, outlet, vegetation, and discharge point. The
23 operation and maintenance plan shall specify methods to be used to maintain or restore
24 the SCMs to design specifications in the event of failure.
25 Owning Entity. Any person, firm, trust, partnership, association or corporation, having
26 ownership or controlling interest in development or improvements regulated by this
27 Chapter or Chapter 21 of the Rowan County Code of Ordinances (Rowan County Zoning
28 Ordinance).
29 Overlay zone means a special zoning district that covers a specified area and has unique
30 requirements that supplement or supersede any requirements of the underlying, general purpose
31 zoning districts.
32 Parcel. See term "tract."
33 Plan, comprehensive land use means the general plan of reference which outlines long-term
34 goals, objectives, and policies for the entire planning territory of the county.
35 Plan, construction means the map and accompanying text, prepared and submitted under the
36 prescribed conditions set forth in this chapter, which detail required improvements such as
37 streets, fire hydrants, and street lighting.
38 Plan, erosion and sedimentation control means a plan that outlines the procedure designed to
39 control accelerated erosion and sedimentation resulting from certain land disturbing activities.
40 Plan, functional means a specialized plan that addresses a single topic, such as a thoroughfare
41 plan, a greenway plan or a capital improvement plan.
42 Plan, phased development means a plan which has been submitted to the county by a
43 landowner for phased development which shows the type and intensity of use for a specific
44 parcel or parcels with a lesser degree of certainty than the plan(s) determined by the county to
45 be a site specific development plan. (G.S. 153A-344.1).
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1 Plan, site means a plan which demonstrates the proposed use of land and / or structure(s) on a
2 specific parcel(s) will comply with the specifications set forth in this chapter. A site plan may be
3 necessary for the review of proposed installation of improvements and construction, changes of
4 use, and for zoning approval.
5 Plan, site specific development means a plan meeting the requirements of G.S. 153A-344.1, as
6 amended, for approval of a vesting right under that statute.
7 Plan, spill containment means a method that provides detailed instructions of the measures to
8 be employed to contain and remove a hazardous spill.
9 Planning board means the County Planning Board of Rowan County, North Carolina.
10 Planning department is the planning division of the Rowan County Planning and Development
11 Department.
12 Planning director means the director of the Rowan County Planning and Development
13 Department who is authorized to perform the duties and responsibilities as delegated in section
14 21-314 of this chapter. The Planning Director may be commonly referred to as "county planner"
15 in this chapter and other chapters with this Code.
16 Plat means a map or plan of a parcel of land which is to be or has been subdivided showing
17 such subdivision.
18 Plat, final means a map of a land subdivision prepared in a suitable form for recording with the
19 register of deeds which includes necessary affidavits, dedications, and acceptances as well as
20 other information required by the county subdivision ordinance. Also known as a "map for
21 record."
22 Plat, preliminary means a map of a proposed land subdivision which shows the layout of the
23 parcel or lot, including lots, roads, and other features, in sufficient detail to allow the proposed
24 subdivision to be properly evaluated.
25 Precision instrument runway means a runway having an existing instrument approach
26 procedure utilizing an instrument landing system (ILS), or a precision approach radar (PAR). It
27 also means a runway for which a precision approach system is planned and is so indicated by an
28 FAA approved airport layout plan; a military service approved military airport layout plan; any
29 other FAA planning document, or military service military airport planning document.
30 Preferred sites. Public and semi-public locations are preferred sites as opposed to private
31 properties. For purposes of this definition, public sites are those owned or managed by the
32 United States government, the state or the county that provide a governmental function, activity
33 or service for public benefit. Semi-public sites are those facilities or locations owned by a
34 nonprofit organization or group. These sites shall include but may not be limited to volunteer fire
35 departments, schools, churches, civic organizations, etc. Preferred sites shall be subject to the
36 same restrictions and standards of appropriateness as private properties.
37 Primary SCM means a wet pond, stormwater wetland, infiltration system, sand filter,
38 bioretention cell, permeable pavement, preen roof, rainwater harvesting, or an approved
39 new stormwater technology that is designed, constructed and maintained in accordance
40 with the MDC.
41 Primary surface means a surface longitudinally centered on a runway. The primary surface
42 extends two hundred (200) feet beyond each end of the runway. The elevation of any point on
43 the primary surface is the same as the elevation of the nearest point on the runway centerline.
44 The width of the primary surface is one thousand (1,000) feet as required for precision runway
45 landings.
46 Private drive or driveways shall mean any street or road within the manufactured home park,
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1 not publicly maintained or publicly dedicated, but utilized as access by the residents of the
2 manufactured home park, their guests, the public and private service vehicles. The term also
3 includes internal drive or street.
4 Private individual sewage disposal system means a sewage disposal system serving one (1)
5 connection which is usually owned and controlled by a private single entity.
6 Private individual water supply system means a water supply system whose water supply
7 comes from a single source, usually limited to a well or spring.
8 Private road means a dedicated rights -of -way or ingress and egress easement to the public,
9 forty-five (45) feet or greater in width containing a roadway which provides or is used primarily for
10 vehicular circulation and is available for use by the general public or by residents of the
11 development but is not maintained by NCDOT or any municipality in the county.
12 Protected area means the area of a watershed, beyond the critical area, as measured ten (10)
13 miles upstream from an intake or to the ridge line, whichever is closer, and draining to the intake.
14 Public hearing means a meeting at which an appointed or elected board accepts public
15 comment about matters relating to this chapter.
16 Public or private sewer system means a means of collecting, transporting and treatment of
17 sewage by a public entity, (e.g. city, town, county, sewer district), or other public body created,
18 pursuant to state, federal and local laws, or any combination thereof acting cooperatively or
19 jointly, or a privately owned state licensed sewer system, for profit or nonprofit firm or
20 corporation. A package treatment plant shall be considered part of a public sewer system if
21 owned by a city, town, county, sewer district, etc., otherwise shall be considered as a private
22 sewer system.
23 Public or private water system means the provision to the public of piped water by a system
24 with fifteen (15) or more connections or twenty-five (25) or more year round residents owned and
25 operated by a municipality, county or other public entity or a privately owned licensed water
26 supply, for profit or not -profit firm or corporation. This includes the term "community water supply
27 system."
28 Public road means a dedicated road rights -of -way meeting all minimum construction standards
29 of NCDOT or is maintained by the NCDOT road maintenance program and available for use by
30 the general public.
31 Public safety tower means a tower or wireless support structure with antennas or other similar
32 devices providing either or both an 800 MHz trunked radio system or conventional 2-way paging
33 systems.
34 Recreation area or park means an area of land or combination of land and water resources that
35 is developed for active and or passive recreation pursuits with various manmade features that
36 accommodates such activities.
37 Residence means a home, manufactured home, an apartment, a group of homes, or single
38 room occupied or intended for occupancy as separate living quarters for one (1) or more
39 persons.
40 Residential development means buildings for residence such as attached and detached single-
41 family dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their
42 associated outbuildings such as garages, storage buildings, gazebos, etc. and customary home
43 occupations.
44 Residential storage facility means an off -premises building classified as the principle structure
45 on a lot, used for the storage of personal property and used in association with an owners
46 residence or current tenant or lessee of the residence. This building is not intended for uses
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1 other than storage of personal vehicles, goods or materials.
2 Residuals means any solid or semi -solid waste generated from a wastewater treatment plant or
3 air pollution control facility permitted under the authority of the environmental management
4 commission.
5 Reauired storm death means the minimum amount of rainfall that shall be used to
6 calculate the required treatment volume or to evaluate whether a project has achieved
7 runoff volume match.
8 Rezoning means the procedure whereby the zoning designation of a certain parcel or portion
9 thereof is changed following the provisions set forth in this chapter.
10
11 Right-of-way means the base setback line either the line dividing the public rights -of -way
12 currently or a line thirty (30) feet measured in a perpendicular distance and parallel to the
13 centerline of the street pavement, superseded by the observed right-of-way or the area
14 recognized in the Cabarrus-Rowan Metropolitan (CRMPO) 2002-2030 Long Range
15 Transportation Plan and referenced in Appendix A that may be utilized for future transportation
16 improvements.
17 Road means a dedicated public rights -of -way for vehicular traffic (or a private road when
18 permitted by this chapter). The word "road" includes, but is not limited to, "street, freeway,
19 highway, expressway, drive, avenue, court, way, place, circle, lane, boulevard, and
20 thoroughfare."
21 (1) Classifications of rural roads and urban streets:
22 a. Principal arterial. A rural link in a highway system serving travel, and having
23 characteristics indicative of, substantial statewide or interstate travel and existing solely to
24 serve traffic. This network would consist of interstate routes and other routes designated
25 as principal arterials.
26 b. Minor arterial. A rural roadway joining cities and larger towns and providing intrastate
27 and innercounty service at relatively high overall travel speeds with minimum interference
28 to through movement.
29 c. Major collector. A road which serves major intracounty travel corridors and traffic
30 generators and provides access to the arterial system.
31 d. Minor collector. A road which provides service to small local communities and links
32 locally important traffic generators with their rural hinterland.
33 e. Major thoroughfares. Major thoroughfares consist of interstate, other freeway,
34 expressway, or parkway roads, and major streets that provide for the expeditious
35 movement of high volumes of traffic within and through urban areas.
36 f. Minor thoroughfares. Minor thoroughfares perform the function of collecting traffic
37 from local access streets and carrying it to the major thoroughfare system. Minor
38 thoroughfares may be used to supplement the major thoroughfare system by facilitating
39 minor through -traffic movements and may also serve abutting property.
40 g. Service road. A road that runs parallel to a principal arterial or interstate and provides
41 indirect access to and from properties or facilities abutting the interstate principle arterial
42 via an interchange.
43 (2) Specific types of roads:
44 a. Freeway, expressway or parkway. Divided multilane roadways designed to carry large
45 volumes of traffic at relatively high speeds. A "freeway" is a divided highway providing for
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1 continuous flow of vehicles with no direct access to abutting property or streets and with
2 access to selected crossroads provided via connecting ramps. An "expressway" is a
3 divided highway with full or partial control of access and with grade separations at major
4 intersections. A "parkway" is a highway for noncommercial traffic, with full or partial
5 control of access, and usually located within a park or a ribbon of park development.
6 b. Residential collector road. A local access street which serves as a connector street
7 between local residential streets and the thoroughfare system. Residential collector
8 streets typically collect traffic from one hundred (100) to four hundred (400) dwelling
9 units.
10 c. Local road. A road which serves primarily to provide access to adjacent land over
11 relatively short distances.
12 d. Cul-de-sac. A short street having but one (1) end open to traffic and the other end
13 being permanently terminated and a vehicular turnaround provided.
14 e. Frontage road. A local street or road that is parallel to a full or partial access
15 controlled facility and functions to provide access to adjacent land.
16 f. Alley. A strip of land, owned publicly or privately, set aside primarily for vehicular
17 service access to the back or side of properties otherwise abutting on a street.
18 Runoff treatment means that the volume of stormwater runoff generated from all of the
19 built -upon area of a project at build -out during a storm of the required storm depth is
20 treated in one or more primary SCMs or a combination of Primary and Secondary SCMs
21 that provides equal or better treatment.
22 Runoff volume match means that the annual runoff volume after development shall not
23 be more than ten percent higher than the annual runoff volume before development.
24 Safety fan means an area on a shooting range facility designed to contain all projectiles fired
25 from a shooting range.
26 Sanitary sewage system means a complete system of sewage collection, treatment and
27 disposal including privies, septic tank systems, connection to public or community sewage
28 system, sewage reuse or recycle systems, mechanical or biological treatment system, or other
29 such systems.
30 School means any public or private institution for the teaching of children under eighteen (18)
31 years of age which is recognized and approved by the state board of education or other
32 appropriate licensing board.
33 Search ring means the area within which a wireless support structure or wireless facility must
34 be located in order to meet service objectives of the wireless service provider using the wireless
35 facility or wireless support structure.
36 Secondary SCM means an SCM that does not achieve the annual reduction of Total
37 Suspended Solids (TSS) of a "Primary SCM" but may be used in a treatment train with a
38 primary SCM or other Secondary SCMs to provide pre-treatment, hydraulic benefits, or a
39 portion of the required TSS removal.
40 Septic tank system means a subsurface sanitary sewage system consisting of a septic tank
41 and a subsurface disposal field.
42 Service station. See term "automobile repair facility."
43 Semi-nude or in a semi-nude condition means a state of dress in which clothing covers no
44 more than the genitals, pubic region, and areola of the female breast, as well as portions of the
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1 body covered by supporting straps or devices. This definition shall not include any portion of the
2 cleavage of female breast, exhibited by a dress, blouse, leotard, bathing suit, or other wearing
3 apparel provided the areola is not exposed in whole or in part unless the individual exhibits
4 activity defined in a sexual encounter center or section (c) of an adult cabaret.
5 Sewage means the wastewater, and its contents, kitchen, bathroom, toilet, lavatory and
6 laundry of any residence, business establishment, industrial plant, institution or any public
7 building.
8 Sexual encounter center means a business or commercial enterprise that, as one of its
9 principal business purposes, offers for any form of consideration:
10 (a) Physical contact in the form of wrestling or tumbling between persons of the opposite sex,
11 or
12 (b) Activities between male and female persons and/or persons of the same sex when one or
13 more of the persons appear in a nude or semi-nude condition or in lingerie.
14 Shooting range means an area designed and improved to encompass shooting stations or
15 firing lines, target areas, berms and baffles, and other related components.
16 Shooting range facility means a public or private facility, including individual shooting ranges,
17 safety fans or shotfall zones, structures, parking areas, and other associated improvements,
18 designed for the purpose of providing a place for the discharge of various types of firearms or the
19 practice of archery. Does not include incidental target practice areas on private property, turkey
20 shoots, government facilities, or occasional "sighting -in" of firearms.
21 Shooting station means a fixed point from which firearms or arrows are discharged.
22 Shotfall zone means an area within which the shot or pellets contained in a shotgun shell
23 typically fall.
24 Shrub means a woody plant, smaller than a tree, consisting of several small stems from the
25 ground or small branches near the ground; may be deciduous or evergreen.
26 Sight distance triangle means the area at the intersection of two (2) roads or streets that is
27 designated as necessary for safe ingress and egress, and which must be kept clear of
28 obstructions.
29 Sign means an object, display, or structure, or portion thereof, which is located outdoors and is
30 used to advertise, identify, display, direct, or allot attention to an object, person, institution,
31 organization, business, product, service, event, or location through the use of words, letters,
32 figures, designs, symbols, colors, or illumination.
33 Sign face means the surface of a sign where copy, message, or advertisements are attached
34 for display to the public, including any parts of the sign structure upon which such information is
35 located.
36 Sign, incidental means any sign that is used for a purpose other than to identify or bring
37 attention to a particular establishment. These may include, but are not limited to, entrance, exit
38 and parking signs.
39 Sign, on -premises means a sign that directs attention to a business, commodity, service, or
40 entertainment conducted, sold, or offered on the premises which the sign is located.
41 Sign, off -premises means a sign that directs attention to a business, commodity, service, or
42 entertainment conducted, sold, or offered at a site other than the premises on which the sign is
43 located.
44 Single-family dwelling means a detached dwelling unit constructed on -site (site built) or in
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1 modules or sections joined together on -site (modular) in compliance with the North Carolina
2 State Building Code and designed for or occupied by one family.
3 Slow response means a measuring technique to obtain an average value when measuring a
4 noise level that fluctuates over a range of four (4) dB or more. By way of illustration only, a sound
5 level meter set on "slow response" would record a sound level between two (2) and six (6)
6 decibels less than the reading for a steadying signal of the same frequency and amplitude when
7 a tone of one thousand (1,000) Hz and for a duration of 0.5 seconds is applied.
8 Solar Collector means a device that absorbs solar radiant energy for use as a source of
9 energy. The surface area is identified as all portions that absorb solar energy excluding frames,
10 supports, and mounting hardware.
11 Solar Energy means radiant energy received from the sun that can be collected in the form of
12 heat or light by a solar collector.
13 Solar Energy System means any solar collector device or structural design feature of a
14 building, except solar shingles, along with its ancillary equipment whose primary purpose is to
15 provide for the collection, inversion, storage, and distribution of solar energy for space heating or
16 cooling, water heating, or generation of electricity. This definition is not intended to include
17 incidental systems that generate a minimal level of electricity typically used to power signs, wells,
18 gates, fences, or similar ancillary uses.
19 Sound level means the weighted sound pressure level obtained by the use of a sound level
20 meter and frequency weighting network, such as A, B or C as specified in American National
21 Standards Institute specifications for sound level meters (ANSI S1.4-1983) or the latest approved
22 version thereof). If the frequency weighting employed is not indicated, the A -weighting shall
23 apply.
24 Sound level meter means an instrument which includes a microphone, amplifier, RMS detector,
25 integrator or time average, output meter and weighting network used to measure sound pressure
26 levels.
27 Specified anatomical areas means less than completely and opaquely covered human genitals,
28 pubic region, buttock, or female breast below a point immediately above the top of the areola; or
29 human male genitals in a discernibly turgid state, even if completely and opaquely covered.
30 Specified sexual activities means any of the following:
31 (a) Human genitals in a state of sexual stimulation, arousal, or tumescence; or
32 (b) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or
33 female breasts; or
34 (c) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation,
35 or sodomy; or
36 (d) Masturbation, actual or simulated; or
37 (e) Masochism, erotic or sexually -oriented torture, beating or the infliction of pain; or
38 (f) Erotic or lewd touching, fondling, or other contact with an animal by a human being; or
39 (g) Human excretion, urination, menstruation, vaginal or anal irrigation.
40 Stable, commercial means a commercial operation where horses are kept for purposes such
41 as breeding, boarding, hire, or sale.
42 Stable, private means a structure in which horses are kept for private use.
43 Storm drainage facilities means the system of inlets, conduits, channels, ditches, and
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1 appurtenances which serve to collect and convey stormwater through and from a given drainage
2 area.
3 Storm, ten year means the surface runoff resulting from a rainfall of an intensity expected to be
4 equaled or exceeded, on the average, once in ten (10) years, and of a duration which will
5 produce the maximum peak rate of runoff, for the watershed of interest under average
6 antecedent wetness conditions.
7 Stormwater Control Measure or "SCM," also known as "Best Management Practice" or
8 "BMP," means a permanent structural device that is designed, constructed, and
9 maintained to remove pollutants from stormwater runoff by promoting settling or
10 filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-
11 transpiration, post -filtration discharge, reuse of stormwater, or a combination thereof.
12 Stormwater runoff means the direct runoff of water resulting from precipitation in any form.
13 Streambank-shoreline stabilization means the methods employed in order to assure
14 streambank or shoreline stability for aesthetic, ecological or recreational purposes.
15 Street means a right-of-way or easement greater than thirty (30) feet in width containing a
16 roadway which provides or is used primarily for vehicular circulation. This definition also includes
17 but is not limited to the terms "road," "drive," "highway," "avenue," "way," "court," "place," "circle,"
18 and "land."
19 Street jog means the distance between the centerlines of two (2) streets which intersect on
20 opposite sides of the same road.
21 Street, cul-de-sac means a permanent dead-end street which has one (1) end open to traffic
22 and terminates in a circular turnaround.
23 Street, private means a street right-of-way serving lots dedicated for the use of the property
24 owners and their guests and maintained, or intended to be maintained, by a homeowners
25 association.
26 Street, public means a street right-of-way dedicated for public use and maintained or intended
27 to be maintained by the NCDOT.
28 Street (road) means a right-of-way for vehicular traffic that affords the principal means of
29 access to abutting properties.
30 Structure means anything constructed or erected, including but not limited to buildings, which
31 requires location on the land or attachment to something having permanent location on the land.
32 Structure, accessory means a minor structure that is located on the same lot as a principal
33 structure and is used incidentally to a principal structure or contains an accessory use.
34 Structure, principal means the primary structure on a lot or a structure that contains a principal
35 use.
36 Subdivider means a person, firm or corporation who subdivides or develops any land deemed
37 to be a subdivision as defined in this section.
38 Subdivision means all divisions of a lot or parcel of land into two (2) or more lots, building sites,
39 or other divisions when any one (1) or more of those divisions are created for the purpose of sale
40 or building development (whether immediate or future) and shall include all division of land
41 involving the dedication of a new street or a change in existing streets; but the following shall not
42 be included within this definition nor be subject to the regulations authorized by this ordinance:
43 (1) The combination or recombination of portions of previously subdivided and recorded lots
44 where the resultant lots are equal to or exceed the standards of this chapter.
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1 (2) The division of land into parcels greater than ten (10) acres where no street rights -of -way
2 dedication is involved.
3 (3) The public acquisition by purchase of strips of land for the widening or opening of streets.
4 (4) The division of a lot in single ownership whose entire area is no greater than two (2)
5 acres into not more than three (3) lots, where no street rights -of -way dedication is
6 involved and where the resultant lots are equal to or exceed the standards of this chapter.
7 (5) The division of a lot into plots or lots used as a cemetery.
8 (6) Land divided by a will or the courts for the purpose of dividing up a deceased person's
9 property.
10 Subdivision, family means a subdivision of not more than three (3) lots plus the residual lot
11 conveyed by the property owner to members of his / her immediate family as defined in this
12 ordinance.
13 Subdivision, major means a major subdivision and defined as a subdivision where:
14 (1) New roads are proposed or rights -of -way are dedicated; or
15 (2) More than eight (8) lots are created after the subdivision is completed.
16 Subdivision, minor means a minor subdivision and defined as a subdivision where:
17 (1) No new roads are proposed, or road rights -of -way dedicated; and
18 (2) Where eight (8) or fewer lots will result after the subdivision is completed.
19 Subgrade means that portion of the roadbed prepared as a foundation for the pavement
20 structure.
21
22 Substantial modification means the mounting of a proposed wireless facility on a wireless
23 support structure that substantially changes the physical dimensions of the support structure. A
24 mounting is presumed to be a substantial modification if it meets any one or more of the criteria
25 listed below. The burden is on the local government to demonstrate that a mounting that does
26 not meet the listed criteria constitutes a substantial change to the physical dimensions of the
27 wireless support structure.
28 a. Increasing the existing vertical height of the structure by the greater of (i) more than ten
29 percent (10%) or (ii) the height of one additional antenna array with separation from the
30 nearest existing antenna not to exceed 20 feet.
31 b. Except where necessary to shelter the antenna from inclement weather or to connect the
32 antenna to the tower via cable, adding an appurtenance to the body of a wireless support
33 structure that protrudes horizontally from the edge of the wireless support structure the
34 greater of (i) more than 20 feet or (ii) more than the width of the wireless support structure
35 at the level of the appurtenance.
36 C. Increasing the square footage of the existing equipment compound by more than 2,500
37 square feet.
38 Temporary family health care structure means a transportable residential structure, providing
39 an environment facilitating a caregiver's provision of care for a mentally or physically impaired
40 person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited
41 to one occupant who shall be the mentally or physically impaired person, (iii) has no more than
42 300 gross square feet, and (iv) complies with applicable provisions of the State Building Code,
43 G.S. 143-139.1(b), and G.S. 160A-383.5.
44 Tower means any structure whose primary function is to support an antenna. As its use relates
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1 to supporting wireless facilities, the term `tower' is synonymous with the term `wireless support
2 structure'.
3 Tract means a lot or parcel of land or a contiguous combination of two (2) or more parcels of
4 land in one (1) ownership.
5 Transitional surface means the surfaces extend outward and upward at right angles to the
6 runway centerline and the runway centerline extended at a slope of 7:1 from the sides of the
7 primary surface and from the sides of the approach surfaces. Transitional surfaces for those
8 portions of the precision approach surface which project through and beyond the limits of the
9 conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the
10 edge of the approach surface and at right angles to the runway centerline.
11 Tower means any structure whose primary function is to support an antenna. As its use relates
12 to supporting wireless facilities, the term `tower' is synonymous with the term `wireless support
13 structure'.
14 Tower height means the vertical distance measured from the tower base to the highest point on
15 a telecommunications or broadcast tower, including any antennas or other equipment affixed
16 thereto, but excluding any lighting protection rods extending above the tower and attached
17 equipment.
18 Townhome means a subdivision of individual, attached dwelling units in conjunction with land
19 division.
20 Turkey shoots means shotgun shooting competitions open, for a fee, to the public in which
21 prizes, typically a frozen turkey or other food items are given to winners as a prize.
22 Use means the activity or function that actually takes place or is intended to take place on a
23 zone lot.
24 Use, accessory means a use that is incidental to the primary use which is conducted on the
25 zone lot.
26 Use, conditional means a use that has some special characteristics attendant to its operation
27 or installation, such as potential danger or noise, which is only permitted in a district subject to a
28 permit hearing and additional restrictions or conditions which are different from the usual
29 requirements of the applicable zoning district.
30 Use, nonconforming means a situation that occurs when property is used for a purpose or in a
31 manner made unlawful by the use regulations applicable to the district in which the property is
32 located. The term also refers to the activity that constitutes the use made of the property.
33 Use permit means any use, as designated in this chapter, that is by right allowed to occur
34 within a specific zoning district.
35 Use, primary means a use that is the major activity which is conducted on the zone lot.
36 Vacate means to leave unoccupied.
37 Variance, watershed means permission to develop or use property granted by the watershed
38 review board relaxing or waiving a water supply watershed management requirement adopted by
39 the environmental management commission that is incorporated into this chapter.
40 Variance, major watershed means a variance that results in one (1) or more of the following:
41 a. The complete waiver of a management requirement; or
42 b. The relaxation, by a factor of more than ten (10) percent, of any management
43 requirement that takes the form of a numerical standard; or
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1 c. The relaxation of any management requirement that applies a development proposal
2 intended to qualify under the high density option.
3 Variance, minor watershed means a variance that does not qualify as a major variance.
4 Vectors means any organisms that carry disease -causing micro-organisms from one (1) host to
5 another (e.g. rats, mosquitoes, etc.).
6 Vegetated conveyance means a permanent, designed waterway lined with vegetation
7 that is used to convey stormwater runoff at a non -erosive velocity within or away from a
8 developed area.
9 Vegetated setback means an area of natural or established vegetation adjacent to
10 surface waters, through which stormwater runoff flows in a diffuse manner to protect
11 surface waters from degradation due to development activities.
12 Vested rights means those projects that are built or those projects that at a minimum have
13 established a vested right under state law as of February 16, 1998, based on at least one (1) of
14 the following criteria:
15 (1) Having an outstanding valid building permit as authorized by G.S. 153A-344.1; or
16 (2) Having expended substantial resources (time, labor, money) and having an approved site
17 specific or phased development plan as authorized by G.S. 153A-344.1 and G.S. 160A-
18 385.1.
19 Viewshed is the geographic area within a three hundred sixty -degree view from a defined
20 observation point.
21 Violation means failure on the part of any person to comply with the provisions of this chapter.
22 Visible means capable of being seen without visual aid by a person of normal acuity.
23 Wall sign means a sign which is applied to the exterior of any building and projecting not more
24 than twelve (12) inches from the wall.
25 Watercourse means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal,
26 waterway, estuary, or lake.
27 Water dependent structure means any structure for which the use requires access to, or
28 proximity to, or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat
29 houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies,
30 parking lots and commercial boat storage areas are not "water dependent structures."
31 Watershed means the entire land area contributing surface drainage to a specific point (e.g.,
32 the water supply intake).
33 Winery refers to a manufacturing facility or establishment engaged in the processing and
34 bottling of grapes to produce wine or wine -like beverages as defined by the North Carolina
35 General Statutes. The facility or establishment must be operated in association with an existing
36 vineyard (bona fide farm) located on the same property or on adjacent properties under the same
37 ownership.
38 Wine Tasting Room refers to a facility in which wine products grown or processed on the
39 owner's property may be tasted and sold. This definition shall also include small-scale
40 associated gift/retail sales, dining and catering facilities and a restaurant facility. The facility
41 must be operated in association with an existing vineyard (bona fide farm) located on the same
42 property or on adjacent properties under the same ownership.
43 Wireless facility means the set of equipment and network components, exclusive of the
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1 underlying wireless support structure or tower, including antennas, transmitters, receivers,
2 receivers base stations, power supplies, cabling, and associated equipment necessary to
3 provide wireless data and wireless telecommunications services to a discrete geographic
4 area.
5 Wireless support structure means a new or existing structure, such as a monopole, lattice
6 tower, or guyed tower that is designed to support or capable of supporting wireless facilities.
7 A utility pole is not a wireless support structure.
8 Working days means days as applicable to the water supply watershed provisions of this
9 chapter, exclusive of Saturday and Sunday, during which weather conditions or soil conditions
10 permit land disturbing activity to be undertaken.
11 Yard means an open area which is unoccupied and unobstructed from the ground upward
12 except as may be expressly provided in an ordinance.
13 Yard, front means an open, unoccupied space on the same lot with a principal building,
14 extending the full width of the lot, and situated between the street and the front line of the
15 building, projected to the side lines of the lot. For the purposes of determining required setbacks,
16 "street" shall include all ingress / egress easements and right-of-ways.
17 Yard, rear means an open, unoccupied space on the same lot with a principal building,
18 extending the full width of the lot, and situated between the rear property line and the rear line of
19 the building, projected to the side lines of the lot.
20 Yard, side means an open, unoccupied space on the same lot with a principal building, situated
21 between the front line and rear line of the building, projected to the side lines of the lot.
22 Yard, side street means an open, unoccupied space on the same lot with a principal building,
23 extending the full width of the lot, and situated between the street and the side line of the
24 building, projected to the front and rear lines of the lot. For the purposes of determining required
25 setbacks, "street" shall include all ingress / egress easements and right-of-ways.
26 Zone lot means a parcel of land, or portion thereof, that is of sufficient size to meet minimum
27 zoning requirements for area, coverage, and use, and that can provide such setbacks and other
28 open spaces as required by the zoning regulations.
29 Zoning means the designation of a particular property or portion thereof using one (1) of the
30 zoning designations contained in this chapter.
31 Zoning administrator means, except as otherwise expressly provided, the person or persons,
32 and his (their) designee(s), who are primarily responsible for the administration and enforcement
33 of this chapter. The term "staff' or "planning staff' or "administrator" is sometimes used
34 interchangeably with the term "zoning administrator."
35 Zoning district means a mapped portion of the county to which a uniform set of regulations
36 relating to use of land, premises, and buildings apply. Includes the term "zone."
37
38 Zoning permit means a permit issued by the zoning administrator which authorizes the right to
39 undertake and complete the development and / or use of property under the terms and
40 conditions of such permit provided that such action is commenced within one (1) year of the date
41 of issuance and provided that all other permits are obtained.
42 (Ord. of 1-19-98, § II; Ord. of 2-1-99(1); Ord. of 10-18-99(1); Ord. of 1-15-01; Ord. of 5-21-01(1);
43 Ord. of 5-21-01(2); Ord. of 11-19-01(1); Ord. of 11-19-01(2); Ord. of 12-3-01; Ord. of 3-18-02(2);
44 Ord. of 5-19-03; Ord. of 8-16-04; Ord. of 10-4-04; Ord. of 10-18-04; Ord. of 11-15-04; Amend. of
45 3-7-05; Amend. of 7-1-05; Amend. of 2-20-06(1); Amend. of 8-20-07; Amend. of 4-21-08; Amend.
46 of 11-2-09; Amend. of 10-4-10; Amend. of 9-6-11; Amend. of 3-5-12; Amend. of 1-22-13; Amend.
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1 of 3-4-13; Amend of 12-2-13; Amend. of 4-21-14; Amend. of 9-6-16; Amend. of 10-17-16)
2 Sec.21-5. Jurisdiction.
3 This chapter governs the development and use of land within the area of the county as
4 shown in the Official Zoning Map of Rowan County (hereafter referred to as the "zoning map," as
5 formally adopted by the county board of commissioners.) The official copy of the zoning map
6 shall hereafter be located in the office of the county planning department. Such area may include
7 any parcel of land not located within the zoning jurisdiction of any municipality. The zoning map
8 shall be incorporated and made part of this chapter.
9 (Ord. of 1-19-98, § 1)
10 Sec. 21-6. Bona fide farms exempt.
11 This chapter shall not apply to bona fide farms, except that nonfarm uses on farms may
12 be regulated by this chapter.
13 (Ord. of 1-19-98, § 1)
14 Sec.21-7. Severability.
15 If any section or specific provision or standard of this chapter, or any zoning district
16 boundary is found by a court to be invalid, the decision of the court shall not affect the validity of
17 any other section, provision, standard, or district boundary of these regulations except the
18 provision in question. The other portions of these regulations not affected by the decisions of the
19 court shall remain in full force and effect.
20 (Ord. of 1-19-98, § 1)
21 Sec.21-8. Abrogation.
22 It is not intended that this chapter repeal, abrogate, annul, impair, or interfere with any
23 existing provisions of any other ordinance or law except any ordinance which this chapter
24 specifically replaces. It is not intended that these regulations shall interfere with any easement,
25 covenants, or other agreements between parties. However, if the provisions of these regulations
26 impose greater restrictions or higher standards for the use of a building or land, for yards, or for
27 the size of structures than is called for by other ordinances, permits, easements, or agreements,
28 then the provisions of this chapter shall govern.
29 (Ord. of 1-19-98, § I)
30 Sec. 21-9. Use or sale of land or buildings except in conformity with chapter
31 provisions.
32 (a) Use, occupancy or sale of any land or buildings; or authorization or permitting the use,
33 occupancy or sale of land or buildings shall comply with all applicable provisions of this
34 chapter, including article VI, Nonconforming Situations.
35 (b) For the purpose of this article, "use" or "occupancy" of a building or land relates to
36 anything and everything that is done to, on, or in that building or land.
37 (Ord. of 1-19-98, § I; Amend. of 3-7-05)
38 Sec. 21-10. Relationship to other ordinances.
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1 If zoning districts are established for all land in the county located outside the established
2 zoning jurisdiction of any municipality, the following ordinances shall be repealed: the county
3 mobile home park ordinance, the county watershed protection ordinance and the county junked
4 motor vehicle and automobile salvage yard ordinance. Unless specified in this section, it is not
5 intended that this chapter will in any way repeal, annul or interfere with any rules, regulations or
6 permits which were legally adopted or issued under previous ordinances for the use or
7 development of land or structures. Finally, it is not intended that this chapter will interfere with
8 any easements, covenants or other agreements between parties. However, if the provisions of
9 this chapter impose greater restrictions or higher standards for the use of a building or land, or
10 for yards or size of structures than is called for by other ordinances, permits, easements or
11 agreements, then the provisions of this chapter will take precedence over the others and will
12 control the use or development, except as otherwise provided in this chapter.
13 (Ord. of 1-19-98, § 1)
14 Sec. 21-11. Zoning vested rights.
15 (a) Pursuant to G.S. 153A-344.1, a vested right to undertake and complete the development and
16 use of property under the documented terms, any associated conditions, and approved site
17 plans may be established for any one (1) of the following:
18 (1) Site plan approval by the board of commissioners;
19 (2) Conditional or special use permits;
20 (3) Conditional zoning district;
21 (4) Multi -family or multi -unit development plans.
22 (b) The approved plans and associated conditions for these districts constitute, for purposes of
23 G.S. 153A-344.1 (site specific development plans). A right which has been vested as
24 provided in this section shall remain vested for a period of two (2) to five (5) years as
25 determined by the board of commissioners. Approval of a vested right pursuant to this
26 section shall require a public hearing as provided in G.S. 153A-344.1 subject to public notice
27 requirements from section 21-315 (1) a - c. The approving authority in its sound discretion
28 may establish a vesting period exceeding the two-year minimum, where the petitioner shows
29 that extending the period is warranted by relevant circumstances, including but not limited to
30 the size and phasing of the development or the level of investment. The need for the
31 development modifications or amendments to a plan do not extend the vesting period unless
32 expressly provided by the appropriate board when making the amendment. A vested right
33 obtained under this section is not a personal right, but shall attach to and run with the subject
34 property. The vested right shall terminate at the end of the applicable vesting period with
35 respect to buildings and uses for which no valid building permit applications have been filed.
36 (Ord. of 1-19-98, § I; Amend. of 4-21-14; Amend. of 9-6-16)
37 Sec. 21-12. Fees.
38 Reasonable fees to cover the administration, inspection, publication of notice and similar
39 matters may be charged to applicants for zoning permits, sign permits, conditional use permits,
40 zoning amendments, variances and other administrative relief. The amount of fees charged shall
41 be established by the board of commissioners. Fees shall be paid upon submission of a signed
42 application or notice of appeal.
43 (Ord. of 1-19-98, § 1)
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1 Sec.21-13. Enforcement.
2 (a) Authority of zoning administrator. The provisions of this chapter shall be enforced by the
3 zoning administrator.
4 (b) Zoning administrator procedures. It shall be the duty of the administrator to initiate
5 proceedings for enforcement of these regulations. If the administrator discovers a violation of
6 these regulations, the administrator shall notify the violator of the specific violation and give
7 the violator a specific time to correct the violation. If the violation continues or is not
8 corrected, or a request for an appeal or variance as provided in article XIII is not filed, the
9 administrator shall initiate proceedings for enforcement as described in this article.
10 (Ord. of 1-19-98, § I; Amend. of 11-2-09)
11 Sec. 21-14. Violations and penalties.
12 (a) Civil penalties.
13 (1) In addition to other remedies cited in this chapter for the enforcement of these provisions,
14 this chapter may be enforced through the issuance of citations by the county. These
15 citations shall be in the form of a civil penalty. The county may recover this penalty within
16 seventy-two (72) hours after issuing a citation for a violation. In addition, failure to pay the
17 civil penalty may subject the owner to civil action in the nature if debt of the penalty is not
18 paid in the prescribed period of time.
19 (2) The following civil penalties are established for violations under this chapter:
20 a. Warning citation ... No penalties
21 b. First citation ... $ 25.00
22 c. Second citation for the same offense ... 50.00
23 d. Third and subsequent violations for the same offense ... 100.00
24 Upon issuance of a warning citation, first citation or second citation, the owner or
25 developer shall have seven (7) days to correct the violation or make satisfactory
26 progress to correct the violation before additional penalties are assessed. Upon
27 issuance of the third citation, each additional day's violation is a separate and distinct
28 offense and shall incur an additional one -hundred -dollar fine.
29 (b) Misdemeanor citations. Any person who knowingly or willfully violates this chapter, or who
30 knowingly or willfully initiates unapproved actions shall be guilty of a misdemeanor
31 punishable by imprisonment not to exceed thirty (30) days, or by a fine not to exceed fifty
32 dollars ($50.00).
33 (c) Injunctive relief. Whenever the county attorney has reasonable cause to believe that any
34 person is violating or threatening to violate this article or any term, condition, or provision
35 of approval, the county attorney may, either before or after the institution of any other
36 action or proceeding authorized by this chapter, institute a civil action in the name of the
37 county for injunctive relief to restrain the violation or threatened violation. The action shall
38 be brought in the superior court of the county. Upon determination by a court that an
39 alleged violation is occurring or is threatened, it shall enter such orders or judgments as
40 are necessary to abate the violation or to prevent the threatened violation. The institution
41 of an action for injunctive relief under this section shall not relieve any party to such
42 proceedings from any civil or criminal penalty prescribed for violations of this chapter.
43
44 (Ord. of 1-19-98, § 1)
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1 Sec. 21-15. Effective date.
2 This chapter shall take effect and be in full force from and after February 16, 1998.
3 (Amend. of 3-7-05)
4 Sec.21-16. Adoption.
5 Duly adopted by the Rowan County Board of Commissioners of Rowan County, North Carolina
6 the nineteenth day of January 1998 and subsequent amendments.
7
8 (Amend. of 3-7-05; Amend. of 4-21-14)
9 Secs. 21-17--21-30. Reserved.
10 ARTICLE II. GENERAL AND OVERLAY DISTRICTS
11 Sec. 21-31. Zoning districts established.
12 (a) The county is hereby divided into a variety of general zoning districts. The purpose and
13 minimum requirements of each zoning district are provided in the appropriate zoning district
14 provisions and in article V. In addition, special overlay district regulations apply for specified
15 areas. The applicability of all zoning districts to individual properties shall be shown on official
16 zoning maps which shall be a part of the zoning ordinance. These maps shall be maintained
17 for public inspection in the offices of the county planning department. Interpretation of zoning
18 district uses and boundaries shall be as provided in article XII and article XIII.
19 (b) The following general use and overlay districts are established:
20 (1) General zoning districts:
21
a. Rural Agricultural (RA) h. 85-ED-1
b. Rural Residential (RR) i. 85-ED-2
c. Residential Suburban (RS) j. 85-ED-3
d. Multifamily Residential (MFR) k. 85-ED-4
e. Manufactured Home Park District (MHP) I. Industrial (IND)
f. Neighborhood Business (NB) m. Institutional (INST)
g. Commercial, Business, Industrial (CBI)
22 (2) Overlay districts:
23 a. Water Supply Watershed (WS).
24 b. Airport Height (AZO).
25 c. Agricultural (AO).
26 d. Manufactured Home Overlay (MHO).
27 (Ord. of 1-19-98, § III; Ord. of 6-7-99; Ord. of 4-21-03; Amend. of 3-7-05)
28 Sec. 21-32. General zoning districts defined; purpose and intent.
29 (a) Rural Agricultural, RA. This district is developed to provide for a minimum level of land use
30 regulations appropriate for outlying areas of the county. These outlying areas typically consist
31 of rural single-family housing, larger tracts of land used for agriculture or in fields and forest
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1 land, with some nonresidential uses intermingled. Multifamily uses are discouraged in this
2 district. This district would provide for protection from the most intensive land uses while
3 containing provisions for a variety of less intensive land uses. It is the intent of this district to
4 rely upon development standards to protect residences from potential adverse impacts of
5 allowed nonresidential uses. The most intensive land uses would not be allowed in this
6 district.
7 (b) Rural Residential, RR. This zoning district is comprised of areas of the county in which
8 moderate levels of single-family housing has occurred or is occurring. In this district,
9 agricultural uses have been replaced to a significant degree with single-family housing. The
10 regulations in this district are intended to provide a land owner with an opportunity to engage
11 in limited business or commercial activities. Multifamily uses are not allowed.
12 (c) Residential Suburban, RS. The purpose of this zoning district is to protect existing residential
13 neighborhoods and promote the creation of more residential neighborhoods. These areas are
14 typically near major thoroughfares and have or could be provided significant infrastructure.
15 Commercial uses, business uses and multifamily uses are generally not allowed.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
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50
(d) Multifamily Residential, MFR. This district is intended to allow for a wide range of residential
uses and will be the primary location for multifamily development. This district will typically be
located near arterials or collectors. The development of multifamily developments within this
district cannot be predetermined and cannot be adequately controlled by general district
standards. Therefore specific development proposals for multifamily developments in this
district shall be reviewed and approved by the board of commissioners. Approval of the site
plan may include the addition of reasonable and appropriate standards to the site plan. No
other uses allowed in the MFR district shall require site plan approval by the board of
commissioners unless expressly required by this chapter. Additional approval standards for
multifamily residential developments are listed in article III. The requirements of this district
shall not apply to duplexes on individual lots but shall apply to multiple duplexes on an
individual lot.
(e) Manufactured Home Park, MHP
(1) This district is established in order to provide for the proper location and planning of
manufactured home parks, excluding family manufactured home parks. Special
requirements shall be applied to these parks which shall specify improvements to the
park to ensure the public health, safety and welfare of the park inhabitants as well as
the surrounding area. Designation of an area as being in the MHP district provides
design and appearance criteria which are more appropriate for rental manufactured
housing and/or spaces, including vinyl or similar skirting, clustering of units and
reduced road construction standards. These standards are not applicable to
manufactured homes and/or lots located outside a MHP district. This district requires
site plan review for development of manufactured home parks by the board of
commissioners. This review is required because the use may have particular impacts
on the surrounding area and the county as a whole. Approval of the site plan may
include the addition of reasonable and appropriate standards to the site plan. No other
uses allowed in the MHP district shall require site plan approval by the board of
commissioner unless expressly required by this chapter.
(2) Manufactured home parks, existing at the effective date of this chapter and registered
as provided by the county mobile home park ordinance are zoned as conforming uses,
even though they may not meet the development standards of this chapter.
Expansions of the existing registered manufactured home parks or construction of new
manufactured home parks, approved under the county mobile home park ordinance
may be initiated or continue unless no work has begun within six (6) months of the
date of issuance of a "permit to develop" under that ordinance, or work has ceased for
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I a period of twelve (12) months
2 (3) Other manufactured home parks, which meet the intent of this section by having
3 improvements similar to the requirements of this chapter may also be zoned as
4 conforming uses. However, all expansions of any manufactured home park, existing at
5 the effective date of this chapter shall meet all requirements of this chapter unless
6 expressly provided otherwise. Development standards for a manufactured home park
7 are listed in article III.
8 (f) Commercial, Business, Industrial, CBI. This zone allows for a wide range of commercial,
9 business and light industrial activities which provide goods and services. This district is
10 typically for more densely developed suburban areas, major transportation corridors, and
11 major cross-roads communities. However this district may also exist or be created in an area
12 other than listed in this subsection if the existing or proposed development is compatible with
13 the surrounding area and the overall public good is served.
14 (g) Industrial, IND. This district is intended to provide for industrial activities involving extraction,
15 manufacturing, processing, assembling, storage, and distribution of products. The district is
16 also designed to accommodate other, more intense nonresidential uses which generate
17 adverse side effects such as noise, odor or dust. The district is typically applied in areas with
18 maximum accessibility to major highways, rail lines, and other significant transportation
19 systems. However this district may also exist or be created in an area other than listed in this
20 subsection if the existing or proposed development is compatible with the surrounding area
21 and the overall public good is served.
22 (h) Neighborhood Business, NB. This district is designed for retail, limited small manufacturing
23 facilities and service oriented business centers which serve small trading areas. As a result
24 the list of allowed uses is more limited than those in the CBI district. The development
25 standards for these business areas are designed to promote sound, permanent business
26 development and to protect abutting and surrounding residential areas from undesirable
27 aspects of nearby commercial development. This district is also designed to provide
28 opportunities for potential development within the NB district.
29 Areas zoned NB shall be so located as to conveniently serve the community population. The
30 establishment and subsequent development of this district shall not create or expand
31 problems associated with traffic volumes or circulation. As the district is established to
32 provide for small neighborhood oriented business areas limitations on gross floor area is
33 established. Limitations on total impervious surface are established to minimize the adverse
34 impacts of this type of development on adjacent residential areas. Generally, the NB district
35 shall be two (2) acres or larger. However a lot of record, smaller than two (2) acres may be
36 considered for rezoning to NB if the owner of the lot does not own adjacent property which
37 may be included in the rezoning request.
38 (i) Institutional, INST. The purpose of the Institutional district is to recognize and permit the
39 creation of defined areas for the unified and orderly development of major cultural,
40 educational, medical, governmental, religious and other institutions in order to support and
41 enhance their benefits to the community in a manner which protects adjacent residential
42 uses. Trade school facilities teaching a trade, for example truck driving or welding, which
43 have that activity on site, shall meet zoning requirements for that use.
44
45 (Ord. of 1-19-98, § III; Ord. of 2-1-99(1), §§ 2, 9; Ord. of 6-17-02; Ord. of 4-21-03; Amend. of 4-
46 21-14)
47 Sec. 21-33. Overlay districts.
48 Overlay districts are zoning districts, which are applied only in conjunction with other zoning
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1 districts, and may grant additional use of development requirements upon the underlying zoning
2 districts. The effect is to have both the overlay district and the underlying zoning controlling the
3 use and development of the lot. Overlay districts are applicable on an area wide basis to support
4 specific public policy objectives and as such should be consistent with adopted land use plans.
5 Overlay districts may be applied to conventional and conditional zoning districts. An overlay
6 district may be initiated as an amendment by the board of commissioners, planning board or
7 property owner.
8 (1) Airport Zone Overlay, AZO. The zones and restrictions established in this subsection are
9 designed to limit the height of structures surrounding the county airport's established
10 elevation of seven hundred seventy-one (771) feet above mean sea level (msl) in order to
11 prevent hazards to the lives and property of the users of the airport and the occupants of
12 land in the vicinity.
13 a. Uses allowed. The use requirements of the underlying district apply to the AZO
14 district. However, all uses must be in conformance with the provisions of this section.
15 b. Establishment of zones. To carry out the provisions of this section, there are hereby
16 created and established certain civil airport imaginary surfaces which include all of the
17 land lying beneath the approach surface, transitional surface, horizontal surface,
18 conical surface and primary surface. These civil airport imaginary surfaces are
19 established with relation to the Rowan County Airport runway and proposed
20 extensions of thereof. Such imaginary surfaces are shown on the Official County
21 Airport Zoning Map prepared by the Rowan County Planning Department and dated
22 October 4, 2004, which is adopted and incorporated herein by reference. The size of
23 each such imaginary surface is based on the categorization of this runway as a
24 precision instrument runway. The slope and dimensions of the imaginary surfaces,
25 applied to each end of a runway, are determined by the most precise approach
26 existing or planned for the runway end. The surfaces are hereby established and
27 defined as follows:
28 1. Horizontal surface. A horizontal plane one hundred fifty (150) feet above the
29 established airport elevation, the perimeter of which is constructed by swinging
30 acres with a radius of ten thousand (10,000) feet from the center of each end of
31 the primary surface of each end of the runway, including any planned extensions,
32 and connecting the adjacent arcs by lines tangent to those arcs.
33 2. Conical surface. A surface extending outward and upward from the periphery of
34 the horizontal surface at a slope of 20:1 for a horizontal distance of four thousand
35 (4,000) feet.
36 3. Primary surface. A surface longitudinally centered on a runway. The primary
37 surface extends two hundred (200) feet beyond each end of the runway. The
38 elevation of any point on the primary surface is the same as the elevation of the
39 nearest point on the runway centerline. The width of the primary surface is one
40 thousand (1,000) feet as required for precision runway landings.
41 4. Approach surface. A surface longitudinally centered on the extended runway
42 centerline and extending outward and upward from each end of the primary
43 surface.
44 i. The inner edge of the approach surface is the same width as the primary
45 surface and it expands uniformly to a width of sixteen thousand (16,000) feet
46 as provided for precision instrument runways.
47 ii. The approach surface extends for a horizontal distance of ten thousand
48 (10,000) feet at a slope of 50:1 with an additional forty thousand (40,000) feet
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I at a slope of 40:1
2 5. Transitional surface. These surfaces extend outward and upward at right angles
3 to the runway centerline and the runway centerline extended at a slope of 7:1
4 from the sides of the primary surface and from the sides of the approach surfaces.
5 Transitional surfaces for those portions of the precision approach surface which
6 project through and beyond the limits of the conical surface, extend a distance of
7 five thousand (5,000) feet measured horizontally from the edge of the approach
8 surface and at right angles to the runway centerline.
9 c. Height limitations. Except as otherwise provided in this article, no structure shall be
10 erected, altered or maintained, and no tree shall be allowed to grow within the AZO
11 district extending or projecting into the lowest applicable imaginary surfaces defined
12 herein.
13 (2) Water Supply Watershed Overlays, WSO. The purpose of the watershed overlay is to
14 provide for the protection of public water supplies as required by the Water Supply
15 Watershed Classification and Protection Act (G.S. 143-214.5) and regulations
16 promulgated therein. The watershed overlays may be an overlay in any conventional or
17 conditional zoning district established in this chapter. The overlay districts supplement the
18 uses or development requirements of the underlying zoning districts.
19 a. Uses allowed. The use requirements of the underlying districts apply to the WS
20 districts, unless otherwise provided in this section. However, all allowed uses must be
21 in conformance with the provisions of this section.
22 b. Expressly prohibited in critical areas. The following uses are expressly prohibited:
23 1. Landfills;
24 2. Sites for land application of sludge/residuals or petroleum contaminated soils.
25 c. Calculating built -upon area. For the purpose of calculating built -upon area, total
26 project area shall include total acreage in the lot on which the project is to be
27 developed.
28 d. Low Density standard and built -upon limits. The following density and built -upon
29 limits including nonpoint source and pollution control measures shall apply to
30 development in the water supply watersheds unless expressly provided otherwise.
31 1. Density and Built -Upon Limits
Single family Multi family and
Watershed Residential Nonresidential
Development
Watershed-II-CriticalArea, WS-II-CA 80,000 sq. ft minimum lot size or 6 Development shall not exceed 6
percent built -upon area on a project by percent on a project -by project
project basis basis, unless otherwise provided in
this section.
Watershed -II -Balance of Watershed, WS-II-BW 40, 000 sq. ft minimum lot size Maximum 12 percent built -upon on
a project by project basis
Watershed -Ill -Critical Area, WS-III-CA 40, 000 sq. ft minimum lot size Maximum 12 percent built -upon on
a project by project basis
Watershed -III -Balance of Watershed, WS-III-BW 20, 000 sq. ft minimum lot size Maximum 24 percent built -upon on
a project by project basis
Watershed-IV-CriticalArea, WS-N-CA* 20, 000 sq. ft minimum lot size Maximum 24 percent built -upon on
a project by project basis
Watershed-IV-ProtectedArea, WS-N-PA* 20, 000 sq. ft minimum lot size Maximum of 24 percent built -upon
area with curb and gutter or 36
percent built -upon area without
curb and gutter
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1 x Development activities which require an erosion/sedimentation control plan must meet these requirements.
2
3 2. Nonpoint Source and Stormwater Pollution Control.
4 i. Vegetated Conveyances. Stormwater runoff from the project shall be
5 released to vegetated areas as dispersed flow or transported by vegetated
6 conveyances to the maximum extent practicable. In determining whether
7 this criteria has been met, Rowan County shall take into account site.:
specific factors such as topography and site layout as well as protection of
9 water quality. Vegetated conveyances shall be maintained in perpetuity to
10 ensure continued function as designed. Vegetated conveyances that meet
11 the following criteria shall be deemed to satisfy the requirements of this
12 Sub -Item:
13 (1) Side slopes shall be no steeper than 3:1 (horizontal to vertical)
14 unless it is demonstrated to Rowan County that soils and vegetation
15 will remain stable in perpetuity based on engineering calculations
16 and on -site soil investigation; and
17 (2) The conveyance shall be designed so that it does not erode
18 during the peak flow from the 10-year storm event as demonstrated
19 by engineering calculations.
20 ii. Curb Outlet Systems. In lieu of vegetated conveyances, low density
21 proiects shall have the option to use curb and putter with outlets to convey
22 stormwater to grassed swales or vegetated areas. Requirements for these
23 curb outlet systems shall be as follows:
24 (1) The curb outlets shall be located such that the swale or vegetated
25 area can carry the peak flow from the 10-year storm and at a non-
26 erosive velocity;
27 (2) The longitudinal slope of the swale or vegetated area shall not
28 exceed five percent except where not practical due to physical
29 constraints. In these cases, devices to slow the rate of runoff and
30 encourage infiltration to reduce pollutant delivery shall be provided;
31 (3) The swale's cross section shall be trapezoidal with a minimum
32 bottom width of two feet;
33 (4) The side slopes of the swale or vegetated area shall be no steeper
34 than 3:1 (horizontal to vertical);
35 (5) The minimum length of the swale or vegetated area shall be 100
36 feet; and
37 (6) Low density proiects may use treatment swales designed in
38 accordance with 15A NCAC 02H .1061 in lieu of the requirements
39 specified in Sub -Items (1) through (5) of this Sub -Item.
40 e. Special nonresidential intensity allocation (SNIA) permit.
41 1. Purpose. The purpose is to provide a method for the board of commissioners to
42 allow ten (10) percent of the county's portion of the balance of watershed area
43 (excluding a critical area) to be granted an SNIA permit to be developed at up to
44 seventy (70) percent built -upon surface area.
45 2. Application and review procedures. Applications shall include a site plan as
46 prescribed in section 21-52.
47 3. Review and approval. The site plan shall be reviewed by the board of
48 commissioners. Approval of the plan may include the addition of reasonable and
49 appropriate conditions.
50 4. Applicable areas. Areas in which SNIA permits may be approved are as follows
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I i. WS-II-BW.
2 ii. WS-III-BW
3 iii. WS-IV-PA.
4 5. Eligibility for an SNIA permit. Non-residential uses subject to compliance with
5 section 21-113 shall be eligible unless otherwise indicated in this chapter.
6 f. High Density standard and built -upon limits.
7 1. Purpose. New development activities within a Watershed IV Critical Area
8 (WS-IV-CA) or a Watershed IV Protected Area (WS-IV-PA) that require a soil
9 erosion and sedimentation control plan pursuant to NCGS 113A Article 4 or
10 Chapter 18 of the Rowan County Code of Ordinances and exceed the low
11 density standards of subsection 2(d) of this Chapter must seek approval
12 under the High Density standards when affected by any of the following:
13 a. Proposing a major subdivision as defined in Section 22-56 of the
14 Rowan County Subdivision Ordinance; or,
15 b. Proposing a Planned Development Subdivision (PDS) as defined in
16 Section 22-58 of the Rowan County Subdivision Ordinance; or,
17 c. in an adopted Rowan County Land Use Plan and proposes three (3)
18 acres or more in built -upon area.
19 (2) Intent. High Density standards will allow for creation of denser development
20 projects while ensuring impacts to water quality within the watershed are
21 minimized by utilizing Best Management Practices to control stormwater
22 runoff and resulting pollution. Furthermore, the application of High Density
23 standards to projects referenced in 21-33(2)(f)(1) will preserve the SNIA
24 provision for development activities within the watershed that are of a scale
25 and scope that do not warrant high density standards.
26 (3) Standards and built -upon limits. The Board of Commissioners may approve
27 a project application(s) for use of High Density development standards
28 based on the following:
29 a. WS-IV-CA. Where new development exceeds the low density
30 standards of Section 21-33(2)(d), engineered stormwater controls
31 shall be used to control runoff from the first inch of rainfall and
32 development shall not exceed fifty percent (50%) built -upon area.
33 b. WS-IV-PA. Where new development exceeds the low density
34 standards of Section 21-33(2)(d), engineered stormwater controls
35 shall be used to control runoff from the first inch of rainfall and
36 development shall not exceed seventy percent (70%) built -upon area.
37 c. Qualifying areas of the stormwater control structure may be
38 considered pervious when computing total built -upon area.
39 (4) Application. Projects subject to the conditions of subsection 2(f)(1) of this
40 Chapter shall submit an application for consideration by the Board of
41 Commissioners subject to the process outlined in Section 21-317 of this
42 Chapter.
43 (5) Waivers. New development activities in a WS-IV-PA subject to the
44 requirements of this subsection may request the Board of Commissioners
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1 consider granting a waiver from the High Density standards and instead
2 allow the project to utilize the provisions of Section 21-33(2)(e). In granting
3 a waiver, the Board of Commissioners shall affirm the project is not
4 consistent with the purpose and intent of this subsection; water quality
5 impacts resulting from the development project will be minimized; and the
6 waiver lends itself to a better Droiect desian.
II
8 (3) Agricultural Overlay, AO. The purpose of the Agricultural Overlay District is to provide
9 additional requirements to encourage the maintenance of viable agricultural areas. This
10 district should be comprised primarily of open farm land used for extensive agricultural
11 and livestock production. The district will provide guidelines to promote the maintenance
12 of the general rural character of openness. Development in this district shall be subject to
13 the criteria below.
14 a. Uses allowed. The following agricultural and related uses are allowed:
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Code 1987 U.S. SIC Description
01 Agricultural production --crops
02 Agricultural production --livestock
515 Wholesale farm products and raw material part of a bona fide farm operation
5261 Retail nurseries, lawn and garden supply stores part of a bona fide farm
operation
Other similar agricultural uses such as feed and seeds part of a bona fide farm
operation
Family subdivisions of up to three (3) lots plus the remainder
Family manufactured home parks of up to three (3) manufactured homes
occupied by members of the immediate family of the property owner
Rural home occupations
07 Agricultural services
b. Development of property not part of a bona fide farm located in AO District. Within the
AO district setback of fifty (50) feet shall be provided from land in agricultural use.
(4) Manufactured Home Overlay, MHO.
a. Purpose and intent. The purpose of the Manufactured Home Overlay is to provide for
the development of Type II and Type III manufactured homes in established
residential zoning districts while maintaining the overall residential, rural or agricultural
character of those districts. Because of the potential impacts of the establishment of
this district, it has prescribed conditions contained in this subsection to ensure
compatibility with the surrounding area.
b. Permitted districts. The Manufactured Home Overlay supplements the range of uses
and regulations in the underlying district. The overlay is allowed in the following
districts permitting residential development; RA, RR, CBI and MFR. All other uses in
the underlying district shall continue to remain in effect and subject to the regulations
and conditions of approval of the underlying district.
c. Procedures for district designation. The following procedures are required for MHO
district designation:
1. Designation as an MHO district shall require a rezoning as provided in article XIV
of this chapter.
2. Upon approval of an MHO district by the board of commissioners, the area so
designated shall be labeled "MHO" on the zoning map.
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1 d. Review. The petitioner seeking to rezone property to this district must illustrate that
2 the proposed development will comply with the evaluation criteria contained in section
3 21-59. A site plan is required as provided by section 21-52. In approving the district
4 reasonable conditions may be included to protect the public health, safety and welfare
5 and to meet the intent of this chapter.
6 e. Development standards. The following standards shall apply for the location of type II
7 and type III manufactured homes unless specifically provided otherwise in this
8 chapter:
9 1. Location of type II and type III manufactured homes on subdivisions of one (1) or
10 more lots shall require establishment of an MHO zoning district.
11 2. Upon establishment of an MHO district the following types of homes may be
12 located in the following districts:
13 i. RA district: Type II and type III.
14 ii. RR district: Type 11.
15 iii. CBI district: Type II and type III.
16 iv. MFR district: Type II and type III.
17 3. Side & rear yard setbacks for the district's external boundary is 30 feet.
18
19 (Ord. of 1-19-98, § III; Ord. of 6-7-99; Ord. of 12-18-00(2); Ord. of 10-4-04; Amend. of 11-2-09;
20 Amend. of 4-21-14; Amend. of 9-6-16)
21 Sec. 21-34. Economic development districts established for 1-85.
22 (a) The following district are hereby established to preserve, encourage and enhance the
23 economic development opportunities in areas adjacent and near 1-85 in accordance to plans
24 adopted by the county board of commissioners. It is recognized that 1-85 is uniquely
25 important the future of the county because of the great potential for development of all types
26 that exist along this corridor. Development within these districts shall be of types which
27 maximize the economic benefits to the county while minimizing the potential impacts.
28 (b) The district are designed to accommodate, as appropriate, uses such as manufacturing,
29 distribution, retail, service industries, corporate parks. Certain individual uses may be allowed
30 as uses by right in some districts, while other more intensive uses may require a higher level
31 of review and approval by the county. The districts encourage and allow more creative design
32 of land development than may be provided on other general zoning districts. This flexibility is
33 provided for planned unit developments.
34 (c) The district are labeled as 85-ED 1 through 4. "85" represents the relationship to 1-85. "ED"
35 represents the economic development designation for the sites.
36
37 (1) 85-ED-1. The purpose of the 85-ED-1 district is to encourage the location of "high capital
38 investment/high wage/low employment/clean" industries. Certain industries shall be
39 allowed as permitted uses standards provided to protect adjacent neighborhoods. Other
40 heavy industries may be allowed as conditional uses. If part of a larger master plan
41 limited accessory and ancillary retail and service uses may be allowed.
42 a. In the 85-ED-1 district the following uses are permitted by right with a minimum lot
43 size of five (5) acres:
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Manufacturing group:
Printing and publishing (SIC 27).
Rubber and miscellaneous plastics products (SIC 30).
Fabricated metal products (SIC 34), except:
Ammunition, except for small arms (SIC 3483).
Ordnance and accessories (SIC 3489).
Industrial machinery and equipment (SIC 35).
Electrical and electronic equipment (SIC 36), except:
Power distribution and specialty transformers (SIC 3612).
Transportation equipment (SIC 37).
Instruments and related products (SIC 38).
Miscellaneous manufacturing industries (SIC 39).
Transportation, communication, and utilities group:
Ground Mounted Solar Energy Systems 6,000 sq.ft. or less (SIC 491 pt).
b. The following are allowed with the issuance of a conditional use permit:
Construction group:
General Building Contractors (SIC 15)
Special Trade Contractors (SIC 17)
Manufacturing group:
Lumber and wood products (SIC 24).
Furniture and fixtures (SIC 25).
Plastic materials, synthetic resins, etc. (SIC 282).
Drugs (SIC 283).
Paper and allied products (SIC 26).
Stone, clay, glass, and concrete products (SIC 32).
Primary metal industries (SIC 33).
Transportation, communication, and utilities group:
Communications and telecommunication towers (SIC 48 pt).
Services group:
Racing, including track operation (SIC 7948).
c. Approval of a PUD with a minimum lot size of twenty (20) acres will allow the above
uses in addition to accessory and ancillary uses on up to ten (10) percent of the total
acreage.
Transportation, communication, and utilities group:
Local and interurban passenger transit (SIC 41).
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I Transportation services (SIC 47).
2 Retail trade group:
3 General merchandise stores (SIC 53).
4 Food stores (SIC 54).
5 Eating and drinking places (SIC 58).
6 Miscellaneous retail (SIC 59).
7 Finance, insurance, and real estate group:
8 Depository institutions (SIC 60).
9 Service industries group:
10 Hotels, rooming houses, camps, and other lodging places (SIC 70).
11 Personal services (SIC 72).
12 Business services (SIC 73).
13 Automotive repair, services, and parking (SIC 75)
14 (2)85-ED-2. In areas where existing conditions such as surrounding development, access
15 etc. may make the area less marketable for uses listed exclusively in the 85-ED-1 district
16 then the 85-ED-2 district may be appropriate. The primary additions to this district are
17 distribution and wholesaling operations.
18 a. Certain industries shall be allowed as permitted uses with standards provided to
19 protect adjacent neighborhoods. Other heavy industries and distribution and
20 wholesale operations may be allowed as conditional uses. If part of a larger master
21 plan limited accessory and ancillary retail and service uses may be allowed.
22 Manufacturing group:
23 Printing and publishing (SIC 27)
24
Rubber and miscellaneous plastics products (SIC 30).
25
Fabricated metal products (SIC 34), except:
26
Ammunition, except for small arms (SIC 3483).
27
Ordnance and accessories (SIC 3489).
28
Industrial machinery and equipment (SIC 35).
29
Electrical and electronic equipment (SIC 36), except:
30
Power distribution and specialty transformers (SIC 3612).
31
Transportation equipment (SIC 37).
32
Instruments and related products (SIC 38).
33
Miscellaneous manufacturing industries (SIC 39).
34 Transportation, communication, and utilities group:
35 Ground Mounted Solar Energy Systems 6,000 sq.ft. or less (SIC 491 pt).
36 Service industries group:
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Engineering and management services (SIC 87).
b. The following are allowed with the issuance of a conditional use permit:
Construction group:
General Building Contractors (SIC 15)
Special Trade Contractors (SIC 17)
Manufacturing group:
Lumber and wood products (SIC 24).
Furniture and fixtures (SIC 25).
Plastic materials, synthetic resins, etc. (SIC 282).
Drugs (SIC 283).
Paper and allied products (SIC 26).
Stone, clay, glass, and concrete products (SIC 32).
Primary metal industries (SIC 33).
Transportation, communication, and utilities group:
Local and interurban passenger transit (SIC 41).
Motor freight transportation and warehousing (SIC 42).
Transportation services (SIC 47).
Communications and telecommunication towers (SIC 48 pt).
Wholesale trade group:
Wholesale trade --durable goods (SIC 50).
Wholesale trade --nondurable goods (SIC 51).
Services group:
Racing, including track operation (SIC 7948).
c. Approval of a PUD with a minimum lot size of twenty (20) acres will allow the above
uses in addition to accessory and ancillary uses on up to ten (10) percent of the total
acreage.
Transportation, communication, and utilities group:
Local and interurban passenger transit (SIC 41).
Transportation services (SIC 47).
Retail trade group:
General merchandise stores (SIC 53).
Food stores (SIC 54).
Eating and drinking places (SIC 58).
Miscellaneous retail (SIC 59).
Finance, insurance, and real estate group:
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I Depository institutions (SIC 60).
2 Service industries group:
3 Hotels, rooming houses, camps, and other lodging places (SIC 70).
4 Personal services (SIC 72).
5 Business services (SIC 73).
6 Automotive repair, services, and parking (SIC 75)
7 (3) 85-ED-3 Corporate Park District. Some areas with good interstate visibility, good access
8 and good surrounding environment may be suitable for high -end corporate headquarters.
9 This may or may not include manufacturing. The purpose of the district is to provide for a
10 high -quality mixture of employment uses of varying types in a single coordinated
11 development. Minimum development size is twenty (20) acres and will require approval of
12 a PUD.
13
a. Allowed primary uses are:
14
Manufacturing group:
15
Lumber and wood products (SIC 24).
16
Furniture and fixtures (SIC 25).
17
Paper and allied products (SIC 26).
18
Printing and publishing (SIC 27).
19
Plastic materials, synthetic resins, etc. (SIC 282).
20
Drugs (SIC 283).
21
Rubber and miscellaneous plastics products (SIC 30).
22
Stone, clay, glass, and concrete products (SIC 32).
23
Primary metal industries (SIC 33).
24
Fabricated metal products (SIC 34), except:
25
Ammunition, except for small arms (SIC 3483).
26
Ordnance and accessories (SIC 3489).
27
Industrial machinery and equipment (SIC 35).
28
Electrical and electronic equipment (SIC 36), except:
29
Power distribution and specialty transformers (SIC 3612).
30
Transportation equipment (SIC 37).
31
Instruments and related products (SIC 38).
32
Miscellaneous manufacturing industries (SIC 39).
33 Transportation, communication, and utilities group:
34 Local and interurban passenger transit (SIC 41).
35 Motor freight transportation and warehousing (SIC 42).
36 Transportation services (SIC 47).
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Ground Mounted Solar Energy Systems 6,000 sq.ft. or less (SIC 491 pt).
Service industries group:
Hotels, rooming houses, camps, and other lodging places (SIC 70).
Personal services (SIC 72).
Business services (SIC 73).
Automotive repair, services, and parking (SIC 75).
Health services (SIC 80).
Legal services (SIC 81).
Educational services (SIC 82).
Membership organizations (SIC 86).
Engineering and management services (SIC 87).
b. Allowed accessory and ancillary uses on up to twenty (20) percent of the total
acreage:
Transportation, communication, and utilities group:
Local and interurban passenger transit (SIC 41).
Transportation services (SIC 47).
Wholesale trade group:
Wholesale trade --durable goods (SIC 50).
Wholesale trade --nondurable goods (SIC 51).
Retail trade group:
General merchandise stores (SIC 53).
Food stores (SIC 54).
Eating and drinking places (SIC 58).
Miscellaneous retail (SIC 59).
Finance, insurance, and real estate group:
Depository institutions (SIC 60).
Service industries group:
Hotels, rooming houses, camps, and other lodging places (SIC 70).
Personal services (SIC 72).
Business services (SIC 73).
c. The following are allowed with the issuance of a conditional use permit:
Transportation, communication, and utilities group:
Communications and telecommunication towers (SIC 48 pt).
(4) 85-ED-4 Retail Center. Many areas near the interstate will draw interest from retailers. It
is often appropriate or desirable to have a portion of an area zoned for larger retail
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1 development. This helps ensure availability of most retail and service needs in a location
2 nearby and accessible to major employment and residential areas. Minimum
3 development size is twenty (20) acres and will require approval of a PUD.
4 a. Allowed primary and accessory uses are:
5 Transportation, communication, and utilities group:
6 Ground Mounted Solar Energy Systems 6,000 sq.ft. or less (SIC 491 pt).
7 Retail trade group:
8
Building materials, hardware, garden supply, and mobile (SIC 52).
9
General merchandise stores (SIC 53).
10
Food stores (SIC 54).
11
Automotive dealers and gasoline service stations (SIC 55).
12
Apparel and accessory stores (SIC 56).
13
Furniture, home furnishings and equipment stores (SIC 57).
14
Eating and drinking places (SIC 58).
15
Miscellaneous retail (SIC 59).
16
Finance, insurance, and real estate group:
17
Depository institutions (SIC 60).
18
Nondepository credit institutions (SIC 61).
19
Security, commodity brokers, and services (SIC 62).
20
Insurance carriers (SIC 63).
21
Insurance agents, brokers, and service (SIC 64).
22
Real estate (SIC 65).
23
Holding and other investment offices (SIC 67).
24
Service industries group:
25
Hotels, rooming houses, camps, and other lodging places (SIC 70).
26
Personal services (SIC 72).
27
Business services (SIC 73).
28
Automotive repair, services, and parking (SIC 75).
29
Miscellaneous repair services (SIC 76).
30
Motion pictures (SIC 78).
31
Amusement and recreational services (SIC 79).
32 Health services (SIC 80).
33 Legal services (SIC 81).
34 Educational services (SIC 82).
35 Social services (SIC 83).
36 Museums, art galleries, botanical and zoological garden (SIC 84).
37 Membership organizations (SIC 86).
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1 Engineering and management services (SIC 87).
2 Miscellaneous services (SIC 89).
3 b. The following are allowed with the issuance of a conditional use permit:
4 Transportation, communication, and utilities group:
5 Communications and telecommunication towers (SIC 48 pt).
6 (5) Approval process for PUDs. All PUDs shall be reviewed and approved as required for
7 conditional use permits in article III of this chapter. Uses included in PUDs which require
8 conditional use approval as freestanding uses shall not require separate a separate
9 conditional use permit approval if approved as part of a PUD.
10 (6) Other zoning criteria. Notwithstanding limits on reduction of setbacks in article XIII of this
11 chapter, all standards are subject to modification in site plan approval process. However,
12 in no situation shall the required buffer from project perimeter be reduced if adjacent to a
13 residentially zoned area.
14 a. Buffers. Forty (40) feet from project perimeter.
15 b. Screening. In accordance with article IX, screening for a PUD shall be determined
16 using the predominant use of the PUD or relevant portion thereof.
17 c. Street frontage. Minimum of one hundred (100) feet for development.
18 d. Maximum lot coverage. Eighty (80) percent of lot area.
19 e. Development size. Development sizes are as permitted below. Permitted and
20 conditional uses on lots five (5) acres or more but less than twenty (20) acres in size
21 are only allowed on lots of record existing at the effective date of the ordinance from
22 which this chapter derives, or on aggregations of lots existing at the effective date of
23 the ordinance, creating a lot five (5) acres or larger in size.
24 1. 85-ED-1.
25 Permitted used ............................................. 5 acres
26 Conditional uses ............................................ 5 acres
27 PUDs........................................................ 20 acres
28 2. 85-ED-2.
29 Permitted used ............................................. 5 acres
30 Conditional uses ........................................... 5 acres
31 PUDs........................................................ 20 acres
32 3. 85-ED-3.
33 PUDs........................................................ 20 acres
34 4. 85-ED-4.
35 PUDs........................................................ 20 acres
36 f. Subdivision requirements. All subdivisions of property must be approved as a PUD.
37 g. Maximum building height. No maximum height.
38 h. Parking. As required in zoning ordinance.
39 i. Signs. As provided in zoning ordinance.
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1 j. Circulation system. Requires access to major or minor thoroughfare or interstate
2 service road. No access to local streets is allowed. Interior streets are designed to
3 connect to other adjoining property within a 85-ED district. This requirement may be
4 waived if it is found that connection to adjoining property is not appropriate due to
5 incompatibility of adjacent development.
6 k. Nuisance conditions. The project shall no cause detrimental levels of noise, dust, odor
7 etc. to nearby areas.
8 I. Loading, maintenance and outdoor storage areas. All loading, maintenance and
9 outdoor storage areas shall be located to the rear or side of the building, but shall not
10 face a side street unless approved as such during the PUD process.
11 m. Open space. Open space shall be suitably landscaped with grass and/or trees and
12 shrubs. Within a PUD the open space shall be pedestrian oriented. Parking or
13 vehicular access is not allowed.
14 n. Lighting. Lighting shall be provided at intersections, along walkways and in parking
15 lots. The maximum height of lighting is twenty-five (25) feet. Spacing of lighting shall
16 be four (4) times the height.
17 o. Building character and style. Building designs within a PUD shall strive to establish a
18 distinctive style and maintain a high quality development standard. Buildings should
19 include similar architectural styles but should not be identical throughout the
20 development. The site plan shall at a minimum describe building materials colors and
21 architectural features of the development.
22 p. Pedestrian facilities and design. Within a PUD, the site plan shall provide for a unified
23 and well -organized arrangement of buildings, service areas, parking, etc., to provide a
24 high level of convenience and safety for pedestrians, employees, and visitors.
25 q. Landscaping. Approval of PUD shall include at a minimum the following:
26 1. Trees shall be planted on both sides of interior access streets used by the public.
27 These trees shall be ten (10) feet tall at planting and a minimum of twenty (20)
28 feet tall at maturation, and shall be of similar size and shape. The trees shall be
29 planted no further than forty (40) feet apart.
30 2. Entranceways and medians shall be landscaped with trees and/or shrubs as
31 appropriate for the type of development.
32 (Ord. of 12-18-00(2); Amend. of 3-7-05; Amend. of 11-2-09; Amend. of 9-6-11; Amend. of 3-4-13;
33 Amend. of 8-19.13; Amend. of 4-21-14; Amend. of 10-17-16)
34 Secs.21-35--21-50. Reserved.
35 ARTICLE III. SITE PLANS, SPECIAL REQUIREMENTS, CONDITIONAL USE
36 PERMITS AND CONDITIONAL ZONING DISTRICTS
37 Sec.21-51. Purpose.
38 This article provides regulations and conditions for selected uses which are unusual in their
39 nature or complexity. These uses may require areas of unusual size, or are potentially
40 incompatible with their surroundings unless special development standards are applied, or which
41 depend on sound site planning and design to prevent them from becoming detrimental to the
42 health, safety, or general welfare of the public or neighboring land uses.
43 (Ord. of 1-19-98, § IV)
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1 Sec. 21-52. Site plan required.
2 Site plans are necessary to demonstrate the proposed use of land and / or structures will
3 comply with the specifications set forth in this chapter prior to the issuance of a zoning permit.
4 All non-residential uses shall submit a site plan containing the following information in addition to
5 other standards required by this chapter:
6 (1) Zone lot with dimensions and development setbacks;
7 (2) Tax parcel number;
8 (3) Property address;
9 (4) Adjoining deeded properties and their uses;
10 (5) Existing structures;
11 (6) Proposed structure with size;
12 (7) Proposed use;
13 (8) Number of employees, if applicable;
14 (9) Hours of operation, if applicable;
15 (10) Off-street parking, loading and unloading, access to existing streets;
16 (11) Easements and rights -of -way;
17 (12) All pertinent development requirements of this chapter;
18 (13) Any additional information required by the zoning administrator to assess the merits of
19 the application, including but not limited to traffic impact analysis, environmental impact
20 statements;
21 (14) Floodplains;
22 (15) Name, location and dimension of any proposed streets, drainage facilities, parking areas,
23 recreation areas, required yards, required turnarounds as applicable;
24 (16) Screening & Buffering, if applicable;
25 (17) Zoning District;
26 (18) Proposed phasing, if applicable;
27 (19) This required site plan shall be in sufficient detail to allow the zoning administrator to
28 reasonably understand the proposed development. The scale shall be one (1) inch equals
29 one hundred (100) feet or greater for zone lots three (3) acres or less in size, or one (1)
30 inch equals two hundred (200) feet for zone lots more than three (3) acres in size.
31 (Ord. of 1-19-98, § IV; Amend of 4-21-14)
32 Sec. 21-53. Permitted uses with special requirements.
33 All uses listed as SR (Special Requirements) in article III shall comply with the pertinent
34 regulations listed in the following subsections. Site plan approval by the zoning administrator
35 shall be required unless expressly provided otherwise prior to issuance of a zoning permit and
36 such approval shall be given if all requirements herein are met. The plan shall become part of the
37 building permit. The regulations for specific uses listed as SR in article III are located in sections
38 21-54--21-56.
39 The SR location standards required in Section 21-55(2) a. - c. do not apply to Family care
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1 home; Family manufactured home park; Common Sand Mining (SIC 1442); Co -location of
2 wireless facilities, eligible facilities requests, alternative tower structures, and public safety tower
3 (SIC 48 pt); and Ground mounted solar energy systems 6,000 sq ft or less (SIC 491 pt).
4 (Ord. of 1-19-98, § IV; Amend. of 12-2-13; Amend. of 4-21-14)
5 Sec. 21-54. Maximum building size and setback requirements for certain uses
6 listed as SR in the Rural Agricultural District.
7 Building size and maximum size for certain uses listed as "SR" in article III shall be as provided
8 in this section.
9 (1) Applicable uses. The requirements of this section apply to the following:
10 a. All construction uses listed as SR;
11 b. All manufacturing uses listed as SR except sawmills (SIC 242);
12 c. All wholesale trade uses listed as SR except farm supplies (SIC 5191);
13 d. All retail trade uses listed as SR;
14 e. All finance, insurance and real estate uses listed as SR; and
15 f. All services uses listed as SR except recreation facilities, membership and non-
16 membership.
17 (2) Building size. The maximum allowable building size for uses listed in subsection (1), above,
18 shall not exceed ten (10) percent of the gross acreage of the lot, excluding right-of-way.
19 (3) Maximum size and buffering. Maximum square footage and buffering requirements for the
Z1 following uses shall be determined below.
Setback, Front Setback, Side
Building Square Footage (in feet) and Rear Yards
(in feet)
0--2,000 30 10
2,001-4,000 30 20
4,001--8,000 30 40
8,001--12,000 30 60
12,001--20,000 40 80
20,001 and over 50 100
22 (Ord. of 1-19-98, § IV; Ord. of 6-29-99; Amend. of 11-2-09; Amend. of 4-21-14)
23 Sec. 21-55. General criteria for uses listed as SR in article III.
24 Uses listed as SR in article III shall comply with the following criteria, as applicable:
25 (1) Site plan. A site plan shall be provided showing the existing lot and all existing
26 and proposed buildings.
27 (2) Location. The facility must be located on property which meets the following
28 criteria:
29 a. The property must be a lot with thirty-five (35) feet of state road frontage.
30 b. The property must be owned by the business owner.
31 C. The business must be on or adjacent to the residence of the business
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1
owner.
2
(3)
Lighting. The lighting shall be shielded to prevent light and glare spillover to
3
adjacent residentially developed properties.
4
(4)
Square footage. The maximum square footage allowed for a use shall include all
5
buildings used for retail sales of any type on that property.
6
(5)
Parking. Parking shall be as prescribed in article VII for that use.
7
(6)
Signage. Signage shall be as prescribed in article VIII for the underlying district.
8
(7)
Noise. Noise shall not exceed the levels prescribed in the county noise ordinance
9
for residential districts.
10
(8)
Outdoor storage. All outside storage areas including dumpsters shall be:
11
a. Sited to the rear of the building;
12
b. Not within the required setbacks.
13
C. Outdoor storage shall be screened as provided in article IX for that use.
14
However the requirements of article IX shall not apply to the business
15
structure or outdoor display.
16
(9)
Smoke, odors and dust. The use will not create any smoke, odors, or dust at a
17
level discernible at any of its lot lines.
18
(10)
Required licenses and permits. The applicant shall provide a copy of all required
19
licenses and permits prior to issuance of a zoning permit.
20
(11)
Handling waste and other by-products. A description shall be provided of the
21
method of collecting, handling, disposal and storage of all wastes, by-products,
22
scraps, etc. which meets all applicable federal, state and local regulations and all
23
other requirements of this chapter.
24
(12)
Activities. Manufacturing activities are confined to the building.
25
(13)
Outdoor display. Outdoor display shall be limited to two thousand five hundred
26
(2,500) square feet unless otherwise provided.
27
(Ord. of 1-19-98, § IV; Ord. of 6-29-99)
28 Sec. 21-56. Specific criteria for uses listed as SR in section 21-113.
29 Uses listed as SR in section 21-113 shall meet the following requirements expressly provided
30 below.
31 (1) Additional standards applicable to specific uses listed as SR in the residential group.
32 a. Duplex, individual located in the RR district, minimum lot size. The minimum lot size shall
33 be one hundred fifty (150) percent of the lot size required for a single-family dwelling.
34 b. Family care home
35 1. Occupancy. No more than six (6) handicapped persons may reside in a family care
36 home.
37 2. Separation. No family care home shall be located within a four -hundred -foot radius of
38 another family care home.
39 c. Family manufactured home park.
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1
1.
Application. The proposed park must be located on a lot of record existing prior to
2
June 8, 1999. An application and site plan shall be completed by the applicant.
3
Applications that do not meet the standards of this subsection may be considered
4
under the family subdivision provisions of the Subdivision Ordinance.
5
2.
Setbacks within park. Setbacks for spaces within parks, measured from edge of
6
applicable street or property line:
7
Front......................................................... 20 feet
8
Side.......................................................... 15 feet
9
Rear.......................................................... 20 feet
10
3.
Setbacks from external property lines. Setbacks for manufactured homes from
11
adjacent property lines and rights -of -ways are fifty (50) feet.
12
4.
Occupancy of homes. Manufactured homes shall be occupied by members of the
13
immediate family of the property owner.
14
5.
Number of units in park. The maximum number of manufactured homes allowed
15
under this subsection are subject to the lesser of the density standards in section 21-
16
84 or the following:
17
i. No more than three (3) manufactured homes are allowed in a family manufactured
18
home park in the RA district.
19
ii. No more than two (2) manufactured homes are allowed in a family manufactured
20
home park in the RR district.
21
Single-family dwellings existing prior to the family manufactured home park
22
application shall be included toward the number of homes permitted under this
23
subsection.
24
6.
Type of manufactured homes allowed. The manufactured homes shall meet the
25
placement criteria for manufactured homes in section 21-284 (1) and the skirting
26
requirements of subsection 21-276(b). While single-family dwellings are not eligible
27
as new dwelling units under this provision, their existence prior to a family
28
manufactured home park application would not preclude the application from
29
consideration.
30
7.
Change of occupancy or ownership. When occupancy or change of ownership of the
31
family manufactured home park occurs which results in such park not meeting the
32
original criteria for approval as a family manufactured home park, the manufactured
33
homes shall become conforming with the underlying district.
34
(2) Additional standards applicable to specific uses listed as SR in the agriculture, forestry and
35
fishing in the rural district.
36
a.
Veterinary services (SIC 074) and Animal Shelters, Boarding Kennels, Dog Pounds
37
(SIC 0752 pt).
38
1. Site plan. A site plan shall be provided showing the lot and all existing and
39
proposed buildings as well as all runs and/or training facilities.
40
2. Siting. Kennels not wholly enclosed by a security fence at least six (6) feet in
41
height; and all kennels not wholly enclosed within a building shall be located at
42
least one hundred (100) feet from the lot line of any residentially developed lot.
43
3. Runs. No run area is allowed with the setback.
44
b.
Reserved.
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1 (3) Additional standards applicable to specific uses listed as SR in the mining group.
2 a. Common sand mining special requirements.
3 1. Site plan. A site plan shall be provided showing the existing lot and all existing
4 and proposed buildings, quarries, pits, stock piles, and other relevant features of
5 the quarrying operation.
6 2. Access. All access roads shall be at least twenty feet from any adjoining property
7 line not part of the mining operation; constructed with a paved, gravel, or crushed
8 stone surface; and maintained in a dust -free manner.
9 3. Setbacks. All land disturbing activities shall be located at least one hundred (100)
10 feet from any zone lot line.
11 4. Operation. Hours of operation shall be limited to sunrise to sunset.
12 5. Minimum lot size. The minimum lot size is five (5) acres.
13 6. Smoke, odors, dust. Operations shall not create any smoke, odors, or dust at a
14 level which creates a nuisance to any person or normal sensitivities at the zone lot
15 line.
16 b. Reserved.
17 (4) Additional standards applicable to specific uses listed as SR in the construction group.
18 a. Heavy construction and other building construction (SIC 16).
19 1. Minimum lot size. The minimum lot size is one (1) acre.
20 2. Storage. All storage shall be a minimum of fifty (50) feet from adjoining
21 residentially developed property lines.
22 b. Reserved.
23 (5) Additional standards applicable to specific uses listed as SR in the manufacturing group.
24 a. Meatpacking plants (SIC 201).
25 1. Location. No building, structure, storage or animal holding area shall be located
26 within three hundred (300) feet of any lot line.
27 2. Minimum lot size. The minimum lot size is five (5) acres.
28 b. Saw mills (SIC 242).
29 1. Location. All mechanized sawing equipment must be located a minimum of five
30 hundred (500) feet from lot boundary lines. Residential lots owned by the sawmill
31 operator are exempt from this requirement.
32 2. Reserved.
33 (6) Additional standards applicable to specific uses listed as SR in the transportation,
34 communication, electric, gas and sanitary services group.
35 a. Trucking (SIC 421).
36 1. Minimum lot size. The minimum lot size is three (3) acres.
37 2. Buffer. All operations shall be a minimum of fifty (50) feet from adjacent residentially
38 developed property lines.
39 3. Applicability. The provisions of this subsection shall apply to trucking businesses
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1 with three (3) or more trucks.
2 b. Dead storage of manufactured homes.
3 1. Compliance with applicable standards of Chapter 14.5, Nuisance Ordinance.
4 2. Dead storage of more than one (1) manufactured home by an individual is not
5 allowed in the RA, RR, and MFR district.
6 3. Dead storage of more than one (1) manufactured home is allowed in the CBI and
7 IND district on property owned or leased by a licensed manufactured home dealer.
8 4. Dead storage of more than one (1) manufactured home is allowed in the MHP
9 district in a manufactured home park.
10 5. Manufactured homes shall not be kept in dead storage for more than sixty (60) days
11 in accordance with chapter 14.5 section 34 of the Nuisance Ordinance.
12 c. Ground mounted solar energy systems 6,000 sq.ft. or less (SIC 491 pt.). For the
13 purposes of this subsection, the requirements of Sec. 21-54, 55, & 65 do not apply for
14 RA or NB zoned properties.
15 1. Size and Setbacks. Solar collectors shall conform to the lesser of 6,000 sq.ft. or
16 10% of the lot size and maintain a ten (10) foot setback from all property lines.
17 d. Co -location of Wireless and Eligible Facilities Requests (SIC 48 part). Co -location of
18 wireless and eligible facilities requests are recognized as an efficient method for
19 providing wireless facilities and are encouraged due to their minimization of adverse
20 visual impacts and the opportunity for an expedited and effective administrative review.
21 1. Applications for co -location of wireless facilities shall include two (2) copies of a site
22 plan prepared by a registered professional engineer or a professional land surveyor
23 as provided in Section 21-52 including items in Section 21-56 (6)(e)5 and Section
24 21-60(3)a.1.i,.
25 2. Consideration of eligible facilities requests pursuant to this subsection shall comply
26 with all standards prescribed below, otherwise the request may be deemed a
27 substantial modification and subject to the provisions of Section 21-60 (3)(a):
28 i. Not increase the existing vertical height of the structure by the greater of (a) more
29 than ten percent (10%) or (b) the height of one additional antenna array with
30 separation from the nearest existing antenna not to exceed twenty feet (20')
31 regardless of height limitations prescribed in Section 21-60(3)b.
32 ii. Not add an appurtenance to the body of a wireless support structure that protrudes
33 horizontally from the edge of the wireless support structure the greater of (a) more
34 than 20 feet or (b) more than the width of the wireless support structure at the level
35 of the appurtenance. A statutory exception (ref. NCGS 153A-349.51(7a)b) to this
36 standard allows for sheltering the antenna from inclement weather or to connect
37 the antenna to the tower via cable.
38 iii. Not increase the square footage of the existing equipment compound by more than
39 2,500 square feet.
40 iv. Provide information from Section 21-56 (6) (e) 4, and 5; and Section 21-60(3)(a)
41 1.i. and 21-60(3)(c)
42 e. Use of alternative tower structures (SIC 48 part). The county acknowledges the merits
43 of alternative tower structures for their innovative use as a means to provide current
44 and future wireless telecommunications coverage and are encouraged as a secondary
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1 option to co -location and eligible facilities requests. Wireless facilities applications for
2 placement on or within alternative tower structures may be evaluated in all zoning
3 districts and approved administratively, provided the following SR are met:
4 1. The addition of an antenna shall not add more than twenty (20) feet in height.
5 2. The associated wireless facilities shall comply with the setbacks for the underlying
6 zoning district, screened according to section 21-215(1)b.1.--3. and be constructed of
7 similar materials/color as the host structure.
8 3. The existing host structure may not be externally altered, except to accommodate the
9 addition of the antenna.
10 4. Two (2) copies of a site plan as provided in section 21-52 and photograph
11 documentation as required in Section 21-60(3)a. 4 and 5.
12 5. Certification from a North Carolina registered professional engineer that any and all
13 structures have sufficient structural integrity to accommodate the addition of an
14 antenna with a design minimum of TIA/EIA-222F (as amended).
15 6. Failure to comply with any of the criteria in items 1. through 5. shall require the
16 application to be reviewed as a new wireless support structure.
17 f. Public Safety Tower. The deployment of wireless infrastructure for use by local, state
18 and federal government agencies is critical to ensuring the public safety and general
19 welfare of the County's citizens at all times. The provision of reliable and uniform radio
20 and telecommunications coverage by these agencies can only be secured through
21 construction, operation and maintenance of its own infrastructure. Applications for a
22 public safety tower shall include:
23 1. Two (2) copies of a site plan prepared by a registered professional engineer or a
24 professional land surveyor as provided in section 21-52 including items in Section
25 21-60(3)a.1.i.
26 2. Documentation substantiating the owner and applicant for the public safety tower is
27 either a local, state or federal agency.
28 3. Fall zone certification from an NC Registered Professional Engineer in compliance
29 with Section 21-60(3)(c).
30 4. No Hazard to Air Navigation determination from the Federal Aviation Administration
31 (FAA) and No Adverse Effect determination from the NC State Historic Preservation
32 Office (NCSHPO). Both determinations must be dated within twelve (12) months of
33 the public safety tower application submittal.
34 5. A public safety tower is not subject to the height and location standards of Section
35 21-60(3)(b).
36 6. Co -locations of commercial wireless facilities on a public safety tower may be
37 considered under the provisions of Section 21-56(6)(d).
38 (7)Additional standards applicable to specific uses listed as SR in the retail sales group
39 a. Automotive dealers and gasoline service stations (SIC 55).
40 1. Display area. The outdoor display area for automotive sales shall not exceed five
41 thousand (5,000) square feet.
42 2. Reserved.
43 (8) Additional standards applicable to specific uses listed as SR in the services group
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1 a. Educational services (SIC 82, except SIC 8211, elementary and secondary schools).
2 1. Lodging. Services provided shall not include overnight boarding or lodging.
3 2. Reserved.
4 b. Recreation facilities, membership and nonmembership.
5 1. Required licenses and permits. The applicant shall provide a copy of all required
6 licenses and permits prior to issuance of a zoning permit.
7 2. Recreational facilities located within a major subdivision used exclusively by
8 resident members and their guests in the RA, RR, and RS districts are exempt from
9 the locational requirements of Section 21-55 (2).
10 c. Automotive repair and services (SIC 75).
11 1. Screening required. Junked motor vehicles and motor vehicle parts shall be
12 screened from adjacent property by a six-foot high opaque screening. Vegetative
13 screening, if used, shall be opaque during all seasons of the year and planted and
14 maintained in accordance with article IX.
15 2. Storage of junked motor vehicles. The junked motor vehicles shall not be stored in
16 the front yard of the property or in the required front yard setback.
17 3. Setbacks for stored junked motor vehicles. The junked motor vehicles shall be a
18 minimum of fifteen (15) feet off the side and rear property line or side street right-of-
19 way and twenty (20) feet off the right-of-way existing at the effective date of this
20 chapter or fifty (50) feet off the centerline of the road if the right-of-way is not
21 established.
22 4. Stacking of junked motor vehicles. The junked motor vehicles shall not be stacked
23 higher than the screening.
24 (9) Additional standards applicable to specific uses listed as SR in the unclassified uses group.
25 a. Multitenant developments.
26 1. Application. An application shall be provided with:
27 i. Site plan as provided in section 21-52; and
28 ii. Development name, name(s) and address(es) of owners and park designers.
29 2. Board of commissioners review of the development proposal. The board of
30 commissioners shall review the site plan and other pertinent information to ensure
31 that the general health, safety and public welfare have been adequately protected.
32 3. Uses allowed. Uses are limited to those provided in the district the multitenant
33 development is located. Uses requiring conditional use permits shall obtain the
34 required approval prior to issuance of a building permit.
35 b. Winery, Wine Tasting Room
36 1. Setbacks. The facility shall meet the setback requirements of Section 21-84. (Table
37 of dimensional requirements)
38 2. Screening. The facility shall meet the screening requirements of Article IX.
39 (Screening and Buffering)
40 3. Licenses and permits. All required licenses and permits (i.e. Environmental Health,
41 ABC, etc) shall be obtained prior to operation of the facility.
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1 (10) Additional standards applicable to specific uses listed as SR in the INST zoning district.
2 a. Proof of accreditation by a recognized board, or provide a proposed articles of
3 incorporation and by-laws that provide specific criteria for a board of directors
4 including membership makeup and general responsibilities for oversight of the facility.
5 b. Projected school enrollment and number of boarders.
6 c. Description of curriculum.
7 d. Traffic study.
8 e. Overnight staffing.
9 (Ord. of 1-19-98, § IV; Ord. of 2-1-99(1), §§ 6, 7; Ord. of 10-18-99(1); Ord. of 4-21-03; Amend. of
10 2-20-06(1); Amend. of 4-21-08; Amend. of 11-2-09; Amend. of 9-6-11; Amend. of 3-5-12; Amend.
11 of 3-4-13; Amend. of 8-19-13; Amend. of 12-2-13; Amend. of 4-21-14; Amend. of 9-6-16)
12 Sec. 21-57. Review and approval of conditional uses.
13 (a) The classification of conditional use is established to provide for the location of those uses
14 which are generally compatible with other land uses permitted in the zoning district in which
15 the conditional use is located but which, because of their unique characteristics or potential
16 impacts on the surrounding areas or the county as a whole, require individual consideration
17 of their location, design, configuration and/or operation at the particular location proposed.
18 Such individual consideration may also call for the imposition of individualized conditions in
19 order to ensure that the use is appropriate at a particular location.
20 (b) Any use designated in article V as a conditional use shall be reviewed by the planning
21 director. The planning director shall consult with other appropriate agencies when evaluating
22 conditional use permits and shall prepare an evaluation report. At a minimum, the staff report
23 shall address the general criteria outlined in section 21-60 of this article.
24 (Ord. of 1-19-98, § IV; Ord. of 10-18-04; Amend. of 3-7-05; Amend. of 11-2-09)
25 Sec. 21-58. Review procedures.
26 (a) Submission. Applications for conditional use permits shall be submitted to the county
27 planning department accompanied by a nonrefundable fee set by the county board of
28 commissioners. Once received, the Planning Director shall review the request and, if
29 deemed complete, submit a recommendation to the Board of Commissioners to schedule a
30 public hearing regarding the request. Incomplete applications will be retuned to the applicant
31 with the deficiencies noted.
32 (b) Conditional use review. Planning staff shall prepare and present a report on the application
33 to the board(s) reviewing the application. The board shall evaluate the application with
34 reference to applicable conditions contained in this section as well as general criteria
35 contained in this chapter. When deciding conditional use permits, the board of
36 commissioners shall follow quasi-judicial procedures. The board of commissioners may
37 impose reasonable and appropriate conditions upon the conditional use permit that support
38 the findings found in this article.
39 (c) Site plan required. Application for conditional use permit review shall require a site plan as
40 provided in section 21-52 of this article. The planning director may also require additional
41 information reasonably required to review the development proposal.
42 (d) Oath. All evidence presented at the public hearing with regard to applications for conditional
43 use permits shall be under oath.
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1 (e) Required findings. All decisions regarding a conditional use permit application shall not be
2 approved or denied unless each of the following findings has been made:
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(1) The development of the property in accordance with the proposed conditions will not
materially endanger the public health or safety;
(2) That the development of the property in accordance with the proposed conditions will not
substantially injure the value of adjoining or abutting property, or that the development is
a public necessity; and
(3) That the location and character of the development in accordance with the proposed
conditions will be in general harmony with the area in which it is located and in general
conformity with any adopted county plans.
(f) Amendments of conditional use permits. Amendments to approved conditional use permits
may be made as follows:
(1) Minor changes. Conditional use permits are considered through a quasi-judicial process
and the county recognizes slight deviations in site -specific development proposals may
arise, warranting changes to the plans and therefore offers a provision for administrative
approval of a minor change. The applicant may submit a written request to the planning
director that includes supporting documentation (e.g. federal / state permits, survey /
engineering information) substantiating the need for the minor change. After reviewing
the record of proceedings, the planning director may consider minor changes that are
substantially similar to that approved by the Board of Commissioners subject to the
following criteria:
(a) Relocation of operational area improvements that do not project into the required
setback;
(b) One time expansions that do not exceed the lesser of ten (10) percent of the
approved structure or one thousand (1,000) square feet for nonresidential uses;
(c) One time expansions that do not exceed the lesser of ten (10) percent of the
development or five (5) units;
(d) Structural alterations that do not significantly effect the basic style, ornamentation,
and / or character of the building; or
(e) Change in detail which does not affect the basic relationship of the use to the
required standards of the applicable ordinances or condition(s) of approval.
Regardless of Sec. 21-58(f)(1)(a-e), the planning director may forward the requested
change to the Board of Commissioners for consideration in the same procedure as
required for the original issuance of the conditional use permit as per Sec. 21-58(a). All
other changes shall be reviewed by the Board of Commissioners as per Sec. 21-58(a).
Modifications requesting reduction of the minimum standards within the zoning ordinance
shall be treated as a variance request and not considered herein.
(2) Timing of amendment proposal. Requests for a minor change may be submitted to the
planning director at any time, although proposals to change or amend any approved
conditional use permit shall not be considered by the Board of Commissioners within one
(1) year after date of original authorization of such permit or within one (1) year after
hearing of any previous proposal to amend or change any such permit unless deemed
appropriate by the planning director. The applicant may appeal the decision of the
planning director to the planning board. The planning board will make a recommendation
for the board of commissioner's consideration. Failure of the Board of Commissioners to
set a public hearing regarding an amendment shall constitute denial of the request and
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I conditions of the original permit shall remain in effect.
2 (g) Action. Following the required review, the board shall take final action on each conditional
3 use permit request. After the required public hearing is closed, the board shall take one (1) of
4 the following actions:
5 (1) Approve the issuance of the permit as requested;
6 (2) Approve the issuance of the permit, with additional conditions;
7 (3) Continue the request; or
8 (4) Deny the request for the permit.
9 In accordance with section 21-11, an approved conditional use permit secures a vested right
10 to undertake a project for two (2) years unless a longer duration is requested by the applicant
11 and approved by the Board of Commissioners. See section 21-315 for additional
12 procedures.
13 (h) Notification of decision. Notifications shall be delivered in accordance with section 21-315.
14 (i) Notice and public hearing. Notice and public hearings shall be as provided in section 21-315.
15 (j) Revocation. The Board of Commissioners may consider revocation of an approved
16 conditional use permit through the same procedure as the original permit. Following the
17 hearing, the Board of Commissioners may elect to revoke the permit if it is factually
18 determined that one or more instances listed below have occurred:
19 (1) The vested rights time period from Sec. 21-11 lapsed;
20 (2) The permit was obtained by fraud;
21 (3) Non-compliance with the approved site plan and / or conditions of approval;
22 (4) Repeated zoning code violations or criminal activity; or
23 (5) Eminent threat to public health or safety.
24 Failure to validate at least one of these instances shall allow the conditional use permit to
25 remain valid. Petitioners may appeal this decision to superior court.
26 (Ord. of 1-19-98, § IV; Ord. of 10-18-04; Amend. of 3-7-05; Amend. of 2-20-06(1); Amend. of 11-
27 2-09; Amend. of 10-4-10; Amend. of 3-5-12; Amend. of 4-21-14; Amend. of 9-6-16)
28 Sec. 21-59. Evaluation criteria.
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In addition to meeting special standards for a particular use, the applicant must illustrate that
he/she can comply with the following criteria when any conditional use is proposed.
(1) Adequate transportation access to the site exists;
(2) The use will not significantly detract from the character of the surrounding area;
(3) Hazardous safety conditions will not result;
(4) The use will not generate significant noise, odor, glare, or dust;
(5) Excessive traffic or parking problems will not result; and
(6) Use will not create significant visual impacts for adjoining properties or passersby.
(Ord. of 1-19-98, § IV)
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1 Sec. 21-60. Conditional use requirements for specific uses.
2 The following criteria shall be used in evaluating specific conditional use permit applications.
3 If no specific requirements are listed for a specific use, then only the general criteria will be used
4 in evaluating the application.
5 (1) Mining group: Metal mining (SIC 10), mining and quarrying of non-metallic minerals (SIC 14)
6 except common sand mining.
7 a. New Facilities. Facilities regulated under this section are considered to be those
8 operations where no mining or quarrying activity has ever occurred; or operations have been
9 abandoned or discontinued for a period of three hundred sixty (360) consecutive days; or its
10 NC Department of Environmental Quality authorized mining permit has expired.
11 1. Site plan. A site plan showing the existing lot, all existing and proposed buildings,
12 quarries, pits, stock piles and other relevant features of the quarry operation.
13 2. Access. Access shall be gained from a principal arterial or major collector. All access
14 roads shall be fifty (50) feet from any property line and maintained in a dust free
15 manner.
16 3. Setbacks. All land disturbing activities shall be located at least three hundred (300)
17 feet from any zone lot line, except uses listed as SIC 1459 "Clay, Ceramic and
18 Refractory Minerals, Not Elsewhere Classified" may reduce the setback to one
19 hundred (100) feet as provided below:
20 i. There is no residence within five hundred (500) feet of the property line.
21 ii. A fifty -foot wide solid vegetative buffer separates the properties which contains, at
22 a minimum, a row of trees, forty (40) percent of which are large maturing trees and
23 which are not less than ten (10) feet high at the time of planting and are spaced not
24 more than six (6) feet apart.
25 iii. The buffer may be used for drainage, erosion control or similar uses but shall not
26 contain areas form which material extraction occurs.
27 4. Noise. Noise shall not exceed levels prescribed in Section 21-241 of this Chapter.
28
29 b. Existing Facilities. Facilities regulated under this section are those mining or quarrying
30 operations that existed prior to enactment of this chapter [February 16, 1998] and have
31 continuously operated and maintained an active mining permit with NC Department of
32 Environmental Quality. Said facilities seeking conforming use status or expansions to their
33 operational areas are subject to these standards.
34 1 Site plan. A site plan showing the existing lot, all existing and proposed buildings,
35 quarries, pits, stock piles and other relevant features of the quarry operation.
36 2. Access. Current and proposed roads leading to any part of the operation shall be
37 constructed with a gravel or asphalt stone surface and maintained in a dust free
38 manner.
39 3. Setbacks. All operational areas not in common ownership of the facility entity shall
40 be setback a minimum of fifty feet (50) from adjoining property lines.
41 4. Noise. Noise shall not exceed the levels prescribed in Section 21-241 of this
42 Chapter.
43 5. Blasting. All activities and operations involving blasting that are discernable beyond
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1 the external property line shall only be conducted during daylight hours
2 (2) Manufacturing group: Pulp mills (SIC 261); paper mills (SIC 262); chemicals and allied
3 products (SIC 28); petroleum refining and related products (SIC 29); leather and finishing
4 (SIC 3111); hydraulic cement (SIC 324); structural clay products (SIC 325); concrete,
5 gypsum and plaster products (SIC 327); abrasives, asbestos, non-metallic mineral products
6 (SIC 329); primary metal industries (SIC 33); ammunition except for small arms (SIC 3483),
7 ordinance and accessories (SIC 3489); power, distribution and specialty transformers (SIC
8 3612); and wholesale trade group: chemical and allied products (SIC 516) and petroleum and
9 petroleum related products (SIC 517).
10 a. Minimum lot size.
11 1. Five (5) acres for manufacturing group uses regulated under this subsection.
12 2. Ten (10) acres for wholesale trade group uses regulated under this subsection.
13 b. Location of structures, storage of materials. The location of principal structures and
14 storage of flammable or hazardous materials shall be two (2) times the required buffer
15 area in article IX. However, parking, storage of nonflammable and nonhazardous
16 materials, etc. may be placed up to the required additional buffer.
17 c. Site location. Site shall have primary access to arterial or major collector street. This
18 requirement is not applicable to expansions of facilities regulated under this subsection,
19 which are contiguous to facilities existing prior to August 16, 2004.
20 d. Security restrictions. Access shall be controlled through the use of gates, fences, etc. to
21 prevent entrance to the operational area by unauthorized persons. Fencing standards
22 shall be as specified in section 21-215(2)(b)2.
23 e. Dust, odor, glare. Dust, odor, and glare shall not be noticeable at adjacent residential
24 property lines.
25 f. Removal and reclamation. Applications for new facilities classified in SIC 28, 29, 3612,
26 516 & 517 & temporary use permits for facilities classified as SIC 2951 & 3241 seeking
27 approval pursuant to section 21-281(2) of this chapter may be required to provide written
28 documentation substantiating that the applicant or operator has and will maintain a surety
29 bond payable to Rowan County sufficient to disassemble and remove any outdoor
30 equipment, stockpiles, etc. or reclaim any excavated areas once the facility ceases
31 production for a period of three hundred sixty (360) days. The bond amount shall be
32 based on an estimate provided by a registered professional engineer or architect having
33 professional credentials, recognized expertise or specialization in construction and
34 removal of similar facilities. Renewable bonds are expected to provide updated estimates
35 and reflect increases due to labor costs, demolition practices, addition of equipment, etc.
36 The requirements of this item are not applicable to expansions of facilities regulated
37 under this subsection, which are contiguous to the facilities that existed prior to August
38 16, 2004.
39 g. Screening. Screening standards for new facilities and expansions to existing facilities
40 regulated under this subsection shall be as follows:
41 1. New facilities. When a new facility shares a common property line(s) with a more
42 restrictive zoning district, Type B screening requirements established in section 21-
43 215(2)(b)l.--3. of this chapter are applicable to the portion of the facility's operational
44 area bordering that property line(s). New facilities sharing a common property line
45 with an identical zoning district are subject to the screening requirements based on
46 the land use relationships established in section 21-216. However, Type B screening
47 may be necessary in some instances to provide visual separation from the side and
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1 rear property lines when characteristics of the site such as topography, vegetation,
2 line of sight with adjacent developed properties, etc. prevent effective screening when
3 employing the standards of section 21-216. Type A screening requirements
4 established in section 21-215(1)(b)l.--4. are applicable to the front yard of the
5 operational area of the facility. Notwithstanding the screening requirements of this
6 section, the preservation of existing vegetation as outlined in section 21-218 shall be
7 depicted of the site plan as appropriate. Applicability of screening and buffering
8 standards of this section are not preempted when adjacent tracts are in common
9 ownership or a tract is subdivided in an attempt to circumvent these requirements.
10 2. Expansions to existing facilities. Contiguous expansions of facilities regulated under
11 this subsection, which existed prior to August 16, 2004, are subject to the land use
12 relationships established in section 21-216.
13 h. Separation. The facility shall be no closer than one-half (1/2) mile from a church, licensed
14 daycare, public or private school, health care facility, public park or existing inhabited
15 dwelling. The distance shall be measured from any portion of the property dedicated or
16 utilized for the function of the church, licensed daycare, public or private school, health
17 care facility, public park or existing inhabited dwelling including but not limited to
18 buildings, recreation and parking areas, etc. and the nearest point of the operational area
19 of the proposed facility. The standards of this item are not applicable to expansions of
20 facilities regulated under this subsection, which are contiguous to the facilities that
21 existed prior to August 16, 2004.
22 (3) Transportation, communications, electric, gas and sanitary services group: Communications
23 and Wireless support structures (SIC 48(part)).
24 a. New wireless support structures. For all new wireless support structures, the county
25 encourages the applicant to investigate preferred sites and those locations that minimize
26 the impact to the North Carolina Scenic Byway corridor. In the event the new wireless
27 support structure cannot be located at a preferred site, evidence that the applicant has
28 investigated the possibilities for co -location on an existing wireless support structure shall
29 be presented with its application. At a minimum the evidence should contain:
30 1. Copies and responses of certified letters sent to owners/operators of all existing
31 towers and structures with telecommunications facilities within the search ring of the
32 proposed site, requesting the following information:
33 i. Height above ground and sea level.
34 ii. Existing tenants, including any telecommunication service providers and planned
35 tower use.
36 iii. Whether the existing site could accommodate the addition of their wireless
37 facilities.
38 iv. If the addition of their wireless facilities cannot be accommodated, an assessment
39 of whether the existing site could be upgraded and a general description of the
40 means and projected costs of shared use of the tower.
41 2. Inventory of all preferred sites, and alternative tower structures considered within the
42 search ring, including specific analysis of each preferred site and alternative tower
43 structure outlining positive and negative aspects for utilizing.
44 3. A completed application for a new wireless support structure shall include:
45 i. Two copies of a site plan registered professional engineer or a professional land
46 surveyor as provided in section 21-52.
47 ii. Topography information for the equipment compound and fall zone including base
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1 elevation of wireless support structure or alternative tower structure.
2 iii. Tower height and height of antenna location (if different).
3 iv. Setbacks including ingress and egress easements, fall zone, fencing and
4 screening requirements found in section 21-215(1)b.1.--3.
5 v. Adjacent land uses and the separation distance from antenna facility to the nearest
6 occupied residential dwelling.
7 4. Using the latitude and longitude of the proposed wireless support structure location as
8 a fixed point, obtain actual photographs of the site that present a 0 degree (north); 90
9 degree (east); 180 degree (south); 270 degree (west) perspective toward the fixed
10 point from the nearest North Carolina DOT maintained roads in relation to the site.
11 5. Utilizing each of the photographs from item 4. above, create a simulated photographic
12 image of the proposed wireless support structure or antenna addition to an alternative
13 tower structure from each of the perspectives referenced above depicting the tower at
14 a scale relative to its surroundings with specific regard to height and width.
15 6. Engineering report certifying the tower is compatible for co -location with a minimum of
16 five (5) compatible users including the primary user and copy of co -location policy.
17 b. Tower heights and types. To maintain the character of the rural areas of the county and
18 allow for placement in the commercial and industrial areas of the county, new wireless
19 support structures will be regulated in the following manner:
20 1. Rural Agricultural (RA), Rural Residential and Neighborhood Business (NB) districts.
21 Monopole not to exceed one hundred ninety-nine (199) feet based on five (5) co-
22 located antenna arrays.
23 2. Commercial, business, industrial (CBI), Industrial (IND), 85-ED-1, 85-ED-2, 85-ED-3,
24 and 85-ED-4. Monopole or lattice tower not to exceed two hundred fifty (250) feet
25 based on six (6) co -located antenna arrays.
26 3. Requirements 1. and 2. of this subsection may be modified by the board of
27 commissioners based upon:
28 i. Evidence presented by the applicant that demonstrates a height increase is in the
29 interest of public safety or is necessary to provide the applicant's designed
30 service.
31 ii. An alternative design would better blend into the surrounding environment
32 regardless of zoning district.
33 c. Provisions for tower safety. New towers must either be so designed as to land upon its
34 own property or lease area in the event of a fall as certified by a North Carolina registered
35 professional engineer or have a minimum lot size or lease area no less than ten thousand
36 (10,000) square feet and have an accompanying fall zone easement equal to the tower
37 height plus ten (10) feet. New composite tower shall, at a minimum, fully loaded, comply
38 with TIA/EIA-222F.
39 d. Retention of consultant. The county may elect to retain a consultant or professional
40 services to review the application and make determinations and recommendations on
41 relevant issues including, but not limited to, verification of the applicant's due diligence,
42 analysis of alternatives and compliance with state and federal rules and regulations. The
43 applicant shall pay any expense for consulting or professional services in excess of the
44 application fee. The county shall require any consultants to disclose any potential
45 conflicts of interest and to hold confidential any proprietary information supplied by the
46 applicant. At the request of the applicant, the zoning administrator shall arrange an
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1 informal consultation with the applicant to review the consultant's report prior to any
2 public hearing on the application. All determination costs not excluded by NCGS 153A-
3 349.52(f) are reimbursable by applicant.
4 e. Obstruction lighting and marking. Wireless support structures located within the county's
5 airport zone overlay may exhibit obstruction lighting and marking in accordance with the
6 Federal Aviation Administration standards. All other towers shall be of galvanized finish,
7 or painted with a rust protective paint of an appropriate color to harmonize with the
8 surroundings as approved by the board of commissioners. Requirements of this
9 subsection may be modified by the board of commissioners based upon an increase in
10 tower height or location in another jurisdiction's regulated air space or in the interest of
11 public safety.
12 f. FCC license required. The applicant for a new wireless telecommunication facility must be
13 currently licensed by the FCC to provide fixed or mobile wireless communication
14 services, or if the applicant is not such an FCC licensee, must demonstrate that it has
15 binding commitments from one (1) or more FCC licensees to utilize the wireless
16 telecommunication site once constructed.
17 (4) Electric, Gas, and Sanitary Services.
18 a. Electric, gas and water services (SIC 491, all except Solar Energy Systems, 492, 493,
19 494) sewerage systems (SIC 495), dumps, sanitary land fills, rubbish collection and
20 disposals (SIC 4953 pt.).
21 1. Setbacks. All improved areas, including disposal areas, shall be at least two hundred
22 (200) feet from a zone lot line.
23 2. Separation. Improved areas shall be at least three hundred (300) feet from any
24 residence, church, or school.
25 3. Dust, odor, glare. All access roads and storage areas shall be at least twenty (20) feet
26 from any property line constructed with a paved, gravel, or crushed stone surface;
27 and maintained in a dust -free manner.
28 4. Operation. An information sign shall be posted and maintained at the entrance(s)
29 which lists the name and phone number of the operator, types of material accepted,
30 and hours of operation.
31 5. Security restrictions. Access shall be controlled through the use of gates, fences, etc.
32 to prevent unregulated dumping of materials.
33 6. Other special conditions. Proof of a permit issued by the state in accordance with
34 applicable provisions of the General Statutes.
35 b. Ground mounted solar energy systems over 6,000 sq.ft. (SIC 491 pt.)
36 1. Setbacks. Solar collectors shall be located a minimum of fifty (50) feet from adjoining
37 property lines.
38 2. AZO. Systems proposed within the portion of the approach surface contained by the
39 horizontal surface of the AZO shall provide an approved FAA form 7460-1.
40 (5) Wholesale trade group.
41 a. Motor vehicle parts, used in the IND district.
42 1. Setbacks. No material shall be stored closer than one hundred (100) feet to a public
43 right-of-way.
44 2. Security fencing. Security fencing, a minimum of six (6) feet in height, shall be
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provided and maintained to preclude unauthorized access.
b. Motor vehicle parts, used in the RA district.
1. Front yard setback. The facility shall be one hundred (100) feet from the edge of the
right-of-way.
2. Separation from certain uses. The facility shall be a minimum of one thousand (1,000)
feet from a school, residence, church or place of public assembly. The separation
shall be measured from the closest point of the structure containing the school,
residence, church or place of public assembly and the nearest point of the operational
area of the automobile salvage yard. This requirement shall not apply to residences
owned by the operator of the facility.
3. Side and rear yard buffering and screening. The facility shall be completely
surrounded by type B buffer and screening, as provided in article IX.
4. Operational area. No operations shall occur in the required buffer
c. Livestock yard.
1. Setbacks. One hundred (100) feet between improvements such as buildings, animal
enclosures, and storage areas and any zone lot line.
2. Dust, odor, glare. All access roads and storage areas shall be maintained in a dust -
free manner.
d. Chemical and allied products (SIC 516) and petroleum and petroleum related products
(SIC 517). This item was repealed effective August 16, 2004. Refer to section 21-60(2)
for requirements regulating these uses.
(6) Retail trade group: Drinking Places (alcoholic beverages — SIC 5813).
a. Separation. No drinking place shall be located within one thousand (1,000) feet of a
church, public or private school, licensed day care, public park, or another drinking place.
This distance shall be measured between the nearest point of operational areas for both
the above uses and the proposed drinking place. This separation standard does not
apply to non -conforming drinking places seeking approval under this subsection to
expand within the existing operational area but does apply to drinking places deemed
abandoned or discontinued per Sec. 21-137.
(7) Services group.
a. Shooting ranges, skeet ranges, trapshooting facilities and similar establishments
including turkey shoots. The requirements for all facilities requiring a conditional use
permit are as follows. Turkey shoots operated by churches, civic groups or similar
nonprofit organizations are exempt from these requirements.
1. Shot containment. Shooting range facilities shall be designed to contain all the bullets,
shot, or arrows or any other debris on the range facility.
2. Noise mitigation. Noise levels measured at the property line where the facility is
maintained or, in the case of leased land at the property line of any leased parcel
shall not exceed the limits as provided in the county noise ordinance.
3. Setbacks. Notwithstanding the performance standards above, all shooting stations on
a range facility shall be located a minimum of three hundred (300) feet from any zone
lot line.
4. Warning signs. Warning signs meeting NRA guidelines for shooting ranges shall be
posted at one -hundred -foot intervals along the entire perimeter of the shooting range
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I facility
2 5. Hours of operation. Shooting ranges shall be allowed to operate between sunrise and
3 sunset, except that the hours may be extended for other purposes as follows:
4 i. When a permit allowing such activity is issued in advance by the administrator;
5 ii. For operation of the shotgun shooting range; or
6 iii. For purposes of subdued -lighting certification of law enforcement officers; and
7 iv. On Sundays, shooting shall not commence before 12:30 p.m.
8 6. Additional site plan information. Complete layout of each range, including shooting
9 stations or firing lines, target areas, shotfall zones or safety fans, backstops, berms
10 and baffles, projected noise contours, and existing and proposed structures, occupied
11 dwellings within one-fourth mile, roads, streets, or other access areas, buffer areas,
12 and parking areas for the range facility.
13 7. Additional requirements for pistol/rifle shooting ranges. Projectiles from pistol/rifle
14 shooting areas shall be contained by an earthen berm a minimum of fifteen (15) feet
15 in height.
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8. Exceptions. Operational hours may be increased under the following conditions:
i. A permit allowing such activity is issued in advance by the administrator; or
ii. The hours of operation may be increased no more than six (6) times a year for an
official shooting tournament involving thirty (30) or more participants, without
requiring a permit from the administrator.
b. Cabins (SIC 7011), Campgrounds and recreational vehicle parks (SIC 7033).
1. Minimum lot size. The minimum lot size is two (2) acres.
2. Setbacks.
Front............................................................
50 feet
Side street ...................................................
30 feet
Side............................................................
20 feet
Rear..............................................................
20 feet
3. Density. The minimum size of spaces shall be determined by the county health
department.
4. Interior drives. Interior drives shall be a minimum of eighteen (18) feet compacted
gravel six (6) inches thick.
5. Parking. No parking will be allowed on public streets. Off-street parking and loading
space shall be provided in sufficient quantity to accommodate all parking and loading
on -site. At a minimum, one (1) parking space per space or unit shall be provided.
6. Screening and buffering. Land uses in this category shall be considered a group 2
use and shall be screened accordingly.
c. Zoological garden.
1. Site plan. A site plan shall be provided showing all fencing, exhibit and storage areas,
with types of animals specified.
2. Minimum lot size. The minimum lot size is twenty (20) acres.
3. Smoke, odors, dust. Operations shall not create any smoke, odors, or dust at a level
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which creates a nuisance to any person or normal sensitivities at the property lines.
4. Setbacks. All animal waste storage areas shall be a minimum of two hundred (200)
feet from any zone lot line.
5. Security restrictions. Access shall be controlled through the use of gates, fences, etc.
to prevent entrance by unauthorized persons. Containment of animals shall be
sufficient to ensure the safety of the surrounding area and the county.
d. Nonprofit athletic fields (SIC 7997 part).
1. Site plan. A site plan shall be required as provided in article III, section 21-52.
2. Buffering. All parking areas shall be screened by a type A buffer from residentially
zoned area.
3. Nonprofit status. The organization shall be non profit.
4. Lighting. Lighting shall be located and designed to prevent light from directly shining
on adjacent residential property.
e. Archery ranges (SIC 7999 pt.).
37 f
38
39
1. Arrow containment. The range shall be so constructed as to contain all arrows on the
site. This shall be accomplished via berms or natural topography.
2. Setbacks. All targets shall be a minimum of fifty (50) feet from zone lot line and all
shooting stations shall be a minimum of two hundred (200) feet from the zone lot line.
3. Warning signs. Warning signs shall be posted at one hundred -foot intervals along the
entire perimeter of the site. The signs shall be constructed of highly visible materials
and colors.
4. Site plan. In addition to general site plan criteria the site plan shall include shooting
stations and firing lines, target areas existing and proposed structures.
5. Trail marking. All trails shall be clearly marked to the shooting stations and shooting
station signs shall be clearly visible.
6. Nonprofit status. The organization shall be nonprofit. For profit archery ranges shall
meet the same standards as shooting ranges.
7. Lighting. Lighting shall be located and designed to prevent light from directly shining
on adjacent residential property.
8. Licenses and permits. All required and permits shall be obtained prior to operation of
the facility.
9. Insurance. The organization shall obtain minimum of one million (1,000,000.00)
dollars general premises liability insurance for accident or damage suffered by
persons on or near the site.
10. Lot size. Minimum lot size shall be ten (10) acres.
11. Zoning district. The facility shall be located in the RA zoning district.
Civic, service and social fraternities (SIC 8641).
1. Location. The facility will be located on and be accessed via a collector minor or major
thoroughfare.
2. Buffers. All buildings off street parking and service areas will be separated by a type A
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1 buffer from an abutting property in a residential zoning district or abutting a residential
2 use.
3 3. Site plan. A site plan is required.
4 4. Lot size. The minimum zone lot size shall be two (2) acres.
5 5. Setbacks. Structures shall have fifty (50) feet side and rear yard setbacks.
6 6. Provision of food and refreshments. Provision for food, refreshment and
7 entertainment for club members and their guests may be allowed in conjunction with
8 this use if the board of commissioners determines that said provisions will not
9 constitute a nuisance.
10 g. Model automobile racing. Use of these vehicles on a personal basis shall not be
11 regulated in this section.
12 1. Minimum lot size. The minimum lot size shall be three (3) acres.
13 2. Setbacks. A fifty -foot separation from operational area to adjacent properties and road
14 rights -of -way.
15 3. Screening. Type A screen is required around operational area.
16 4. Noise. The operation shall not exceed the maximum allowable noise levels as
17 provided in section 21-241.
18 5. Facility. Track operation must be outdoors. Indoor operations must be located in the
19 NB, CBI, or IND zoning districts. The zoning administrator shall determine elements
20 that constitute indoor.
21 h. Rodeos, horse shows and similar uses (SIC 7999 (part)).
22 1. Smoke, odors, dust. Operations shall not create any smoke odors or dust at a level
23 which creates a nuisance to any person or normal sensitivities at the property line.
24 2. Setbacks. All animals and animal storage areas shall be a minimum of one hundred
25 (100) feet from any zone lot line.
26 3. Parking. Adequate off-street parking shall be provided for participants and spectators.
27 4. Noise. Noise shall not exceed the level allowed in the county noise ordinance for
28 residential districts.
29 (8) Unclassified uses: Adult uses.
30 a. Spacing. No adult use shall be located within one thousand three hundred twenty (1,320)
31 feet from any church, public or private school, day care, public park, single-family or
32 multifamily residence, any hotel, motel, inn, tourist camp, or similar place designed for
33 overnight accommodation, or another adult use. This distance shall be measured from
34 any portion of the property dedicated or utilized for the function of the above uses and the
35 nearest point of the operational area for the proposed adult use.
36 b. Treatment of windows, doors, etc. All windows, doors, openings, etc. for all adult uses
37 shall be so located, covered, screened or otherwise treated so that views into the interior
38 of the establishment are not possible.
39 c. No adult use shall include within the establishment any quarters designed for more than
40 one person to view any adult materials while in the same immediate vicinity, other than
41 the primary sales area of said adult establishment.
42 d. No adult use shall include within the establishment any private viewing areas designed
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1 for use by more than one person at any given time, nor shall any adult use permit more
2 than one person at a time to occupy any private viewing area.
3 e. No adult use shall include within the establishment any means of adjoining connections
4 between private viewing areas designed to allow more than one person any access to a
5 single private viewing area at a time. "Adjoining connections" includes, but is not limited
6 to, any doors, windows, access panels, opening of any size whatsoever, in walls that
7 separate individual viewing areas.
8 An adult use operating as a conforming use shall not be made nonconforming by the
9 subsequent location of a church, public or private school, day care, public park, single-
10 family or multifamily residence, any hotel, motel, inn, tourist camp, or similar place
11 designed for overnight accommodation, or another adult use within one thousand three
12 hundred twenty (1,320) feet of the adult use.
13 f. If approved for a conditional use permit, an application and a nonrefundable fee must be
14 presented to the zoning administrator to obtain an adult use license. At a minimum, the
15 application shall include the following:
16 1. Sufficient evidence to determine compliance with applicable portions of subsection
17 21-60(8).
18 2. Sufficient evidence to determine compliance with any conditions of approval imposed
19 by the board of commissioners.
20 3. Acknowledgement that a supervisor will be present during hours of operation to
21 enforce all applicable standards of approval.
22 4. Acknowledgement that the business shall permit staff from appropriate county, state,
23 or federal governments to inspect site for compliance with all applicable regulations
24 any time during hours of operation.
25 5. License fee as required by the board of commissioners.
26 6. Acknowledgement that, if approved, license must be renewed annually to continue
27 operation of business. Applicants must promptly reapply thirty (30) days before the
28 expiration date to ensure a timely response.
29 The zoning administrator will approve or deny the license request within thirty (30) days
30 of receiving the request. A license may not be issued if one of the following findings has
31 been made:
32 1. License fee has not been received.
33 2. Application is not complete or contains false information.
34 3. Site is currently in violation of zoning ordinance or condition of approval.
35 No adult use business may operate until the zoning administrator has approved the
36 license request. The license shall expire one year from the date of approval and may only
37 be renewed by a subsequent application.
38 Inspections. The zoning administrator shall suspend an adult use license for thirty (30)
39 days if one of the following determinations has been made:
40 1. Refuse inspection by officials permitted by this ordinance during hours of operation.
41 2. Provided false or misleading information during the conditional use or licensing
42 process.
43 3. Site is not in compliance with zoning ordinance or conditions of approval.
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1
The adult use license will be revoked if, after the suspension period, the zoning
2
administrator has determined that one of the above findings is still accurate.
3
(9) Racetracks (SIC 7948 (part)).
4
a.
Lot size. The minimum lot size shall be twenty (20) acres for a go-kart track and shall be
5
fifty (50) acres for drag strips and motor speedways.
6
b.
Location. The racetrack facility shall be located on a lot which has direct access to; or is
7
contained in a commercial or industrial park which has direct access to a major
8
thoroughfare, major collector, minor thoroughfare, minor collector, principle arterial,
9
interstate, or service road.
10
c.
Lighting. No lights shine on abutting residential property.
11
d.
Setbacks. Go-kart tracks and stands shall be set back three hundred (300) feet from the
12
property line. All other operations including parking shall be set back one hundred (100)
13
feet from the property line. Drag strip and motor speedway operations, including parking,
14
shall be set back three hundred (300) feet from side and rear property lines and one
15
hundred (100) feet from all front and side street property lines.
16
e.
Security fencing. A secure fence shall be provided to restrict entry when the facility is not
17
open.
18
f.
Buffer. Notwithstanding other provisions of this chapter, a type B buffer shall be provided
19
along all side and rear property lines unless the facility abuts a similar operation.
20 g. Hours of operation. Hours of operation shall not exceed 7:00 a.m. to 11:00 p.m.
21 h. Muffled race vehicles. All vehicles shall be equipped with mufflers.
22 i. Noise standards. The operation of the track will not exceed the maximum allowable noise
23 levels as provided in this chapter or the county noise ordinance.
24 (10) Residential storage facilities.
25 a. The parcel shall be in fee simple ownership.
26 b. The structure shall be of compatible construction with surrounding area.
27 c. The maximum size allowed is three thousand (3,000) square feet.
28 d. No outdoor storage is allowed except as specifically provided otherwise.
29 e. Minimum lot size shall be the same as for a single-family residence.
30 f. Storage of vehicles shall not be in the front yard.
31 g. Outside lighting shall be designed to prevent direct glare on adjoining residences.
32 h. Setbacks shall be at a minimum the same as single family dwellings.
33 (11) Manufactured home parks.
34 a. Application. An application shall be provided with:
35 1. Site plan as provided in section 21-52; and
36 2. Manufactured home park name, name(s) and address(es) of owners and park
37 designers.
38 b. Board of commissioners review of the development proposal. The board of
39 commissioners shall review the site plan and other pertinent information to ensure
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1 that the general health, safety and public welfare have been adequately protected. In
2 approving the plan, the following criteria must be met:
3 1. Adequate transportation access to the site exists;
4 2. The use will not significantly detract from the character of the surrounding area;
5 3. Hazardous safety conditions will not result;
6 4. The use will not generate significant noise, odor, glare, or dust;
7 5. Excessive traffic or parking problems will not result; and
8 6. The use will not create significant visual impacts for adjoining properties or
9 passersby.
10 c. Setbacks from external property lines. Setbacks for manufactured homes from
11 adjacent property lines and rights -of -ways are fifty (50) feet.
12 d. Setbacks within park. Setbacks for spaces within park, measured from edge of
13 applicable street or property line:
14 Front.................................................................... 20 feet
15 Side..................................................................... 15 feet
16 Rear..................................................................... 20 feet
17 e. Proximity to a livestock facility. No manufactured homes within a manufactured home
18 park shall be located within three hundred (300) feet of any livestock facility.
19 f. Parking. Each manufactured home space shall have four hundred (400) square feet
20 of parking with four (4) inches of compacted stone on a well compacted subgrade.
21 g. Public road frontage. The park is required to have thirty-five (35) feet of frontage on a
22 publicly maintained road.
23 h. Internal street standards.
24 1. Generally. All lots shall be served by an internal street. No access directly to an
25 existing state road is allowed for individual lots. Internal streets shall be paved a
26 minimum of sixteen (16) feet wide. The base course shall be six-inch ABC or
27 three-inch BCBC. The pavement surface shall consist of BST or one and one-half
28 inch BST or I-2. All materials shall meet the standards set forth in the latest edition
29 of the North Carolina Standard Specifications for Roads and Structures. The
30 subgrade, base course, and pavement surface shall be inspected and approved
31 by the county planning and development department before a certificate of
32 occupancy is issued. The owner of the park shall be responsible for coordinating
33 inspection of each phase of street construction with county planning and
34 development department. The owner of the manufactured home park shall be
35 responsible for arranging required internal street inspections with the planning
36 department a minimum of twenty-four (24) hours in advance. Drainage shall be
37 reviewed prior to issuing a certificate of occupancy for the manufactured home
38 park. All storm drainage shall be adequate so that the road may be maintained
39 without excessive cost and will not cause flooding. In areas where ditch grades or
40 qualities of flow deem it impractical to maintain and establish vegetation, an
41 erosive resistant lining, such as paving or rock riprap may be required. Subsurface
42 drainage shall be adequate to maintain a stable subgrade.
43 Note: Subgrade. No base course shall be placed on muck, pipe clay, organic
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1 matter or other unsuitable material. The zoning administrator may require a
2 subgrade soil test, if needed, to determine the soils classification type.
3 2. Abbreviations.
4 ABC: Aggregate Base Course, No. 7 Stone.
5 BCBC: Bituminous Concrete Base Course, Type HB (Black Base).
6 BST: Bituminous Surface Treatment.
7 1-2: Bituminous Concrete Surface Course, Type 1-2 (Note: 1-1 may be used in lieu
8 of 1-2).
9 SA: Bituminous Concrete Surface Course, Type F-1 (Sand Asphalt).
10 i. Street names. Permanent street names shall be assigned to all internal streets.
11 j. Signs. Signs shall be provided as follows:
12 1. Street name signs shall be provided;
13 2. One (1) identification sign is required at each entrance to the manufactured home
14 park.
15 k. Space numbering. Each space shall have a site number, a minimum of four (4) inches
16 in height clearly visible from the internal street serving the space.
17 1. Lighting. Street light at all intersections, internal and with public roads. Street lights at
18 intervals no greater than five hundred (500) feet for parks with ten (10) or more
19 spaces.
20 m. Trash removal. The owner of the park shall provide one (1) of the following methods:
21 1. Provision of centralized trash dumpsters; or
22 2. Provision of individual covered trash containers, picked up at least once a week.
23 n. Density shall be calculated per gross acre as follows:
24 1. Individual well and septic tank: Twenty thousand (20,000) square feet per unit.
25 2. Public water or public sewer: Fifteen thousand (15,000) square feet per unit.
26 3. Public water and public sewer: Ten thousand (10,000) square feet per unit.
27 (12) Broadcast towers: SIC 4832 radio and SIC 4833 television broadcasting.
28 a. Co -location. In order to limit visual impacts in the RA district, co -location of radio and
29 broadcast antennas on existing broadcast towers should be the primary method for
30 providing new or expanded radio and television coverage. Inasmuch as co -location is
31 the preferred method for providing new or expanded radio and television coverage,
32 co -locations may be approved administratively provided the following criteria
33 accompanies the request:
34 1. Two (2) copies of a site plan prepared by a registered professional engineer or
35 professional land surveyor as provided in section 21-52.
36 2. Height above ground and sea level of broadcast tower and height of antenna
37 for proposed co -location.
38 3. Existing tenants on the broadcast tower and their heights above ground and
39 sea level.
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1 b. Analysis of existing broadcast towers. In the event the broadcast antennas cannot be
2 co -located on an existing broadcast tower, evidence that the applicant has explored
3 co -location opportunities with all broadcast towers in Rowan County shall accompany
4 an application for a new broadcast tower. At a minimum, evidence of their due
5 diligence should include:
6
1. Inquires and responses to existing broadcast tower owners/operators within
7
Rowan County requesting the following information:
8
i. Tower height and height available for co -location.
9
ii.Assessment of whether tower could be upgraded to accommodate their co-
10
location, i.e. structural and/or increase in height.
11
2. Using each of the broadcast towers inventoried above, provide a station
12
coverage map depicting the anticipated signal contours for city grade vs.
13
market grade based on height available for co -location. Areas of signal
14
overlap and interference with other broadcast stations (as applicable) should
15
be distinguished as well or provided on a separate map. The map(s) should
16
depict principal arterial roads, municipal and county boundaries.
17
c. New broadcast towers. All applications for new broadcast towers should contain the
18
following:
19
1.
Two (2) copies of a site plan prepared by a registered professional engineer or
20
professional land surveyor as provided in section 21-52.
21
2.
Topography information for site; base elevations of tower site; tower height and
22
antenna location.
23
3.
Setbacks including access easements, fall zone, fencing and screening
24
requirements found in section 21-215(1)b.1.--3.
25
4.
Using the latitude and longitude of the proposed tower location as a fixed point,
26
obtain actual photographs of the site that present a 0 degree (north); 90 degree
27
(east); 180 degree (south); 270 degree (west) perspective toward the fixed point
28
from the nearest North Carolina DOT maintained roads in relation to the site.
29
5.
Create photo simulations from each of the perspectives referenced above
30
depicting the tower at a scale relative to its surroundings with specific regard to
31
height and width.
32
6.
Certification from registered professional engineer that channel, frequency and
33
power of transmitter are operating within FCC licensing limits.
34
7.
Provide a station coverage map depicting the anticipated signal contours for city
35
grade vs. market grade. The map should depict principal arterial roads, municipal
36
and county boundaries.
37
8.
Indicate the total population and number of persons located within the coverage
38
area based on most recent decennial census; specifically indication the same for
39
Rowan County.
40
9.
If the broadcast tower application is a site move or city of licensure change,
41
provide the total population based on most recent decennial census and
42
population based on most recent decennial census that will no longer receive
43
coverage.
44 d. Tower viewshed. New broadcast tower locations should limit visual impacts to the
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1 North Carolina Scenic Byway, National Register of Historical Properties and those on
2 the statewide study list for inclusion in the National Register program. In an effort to
3 portray the visual impacts the tower has on the surrounding area, the applicant shall
4 provide terrain profile maps prepared in the following manner:
5 1. Using the latitude and longitude of the proposed tower location as a fixed point,
6 prepare terrain profile maps portraying line -of -site from the highest point on tower
7 to limits of its visibility.
8 2. Maps should be from the perspective that present 0 degree (north); 90 degree
9 (east); 180 degree (south); 270 degree (west) perspective from the fixed point to
10 its limit of visibility.
11 3. For reference each map should graphically portray the location of the North
12 Carolina DOT maintained road nearest the limits of visibility.
13 e. Provisions for tower safety. New broadcast towers must either be so designed as to
14 land upon its own property or lease area in the event of a failure as certified by a
15 North Carolina registered professional engineer. In the event tower failure is expected
16 to occur beyond the property boundaries or lease area, a fall zone easement equal to
17 the tower height plus ten (10) feet must be obtained.
18 f. Retention of consultant. The county may elect to retain a consultant or professional
19 services to review the application and make determinations and recommendations on
20 relevant issues including, but not limited to, verification of the applicant's sue
21 diligence, analysis of alternatives and compliance with state and federal rules and
22 regulations. The applicant shall pay any expense for consulting of professional
23 services in excess of the application fee. The county shall require any consultants to
24 disclose any potential conflicts of interest and to hold confidential any proprietary
25 information supplied by the applicant. At the request of the applicant, the zoning
26 administrator shall arrange an informal consultation with the applicant to review the
27 consultant's report prior to any hearing on the application. All determination costs are
28 reimbursable by applicant.
29 g. Removal. The applicant shall provide a surety bond substantiating that the applicant
30 or tower owner has and will sustain the financial ability to disassemble and remove
31 the tower, once no longer in operation. Notice shall be provided to the zoning
32 administrator when any broadcast tower is not operational for a continuous period of
33 three hundred sixty (360) days. Upon receipt of notification, the owner shall remove
34 the tower within one hundred twenty (120) days.
35 h. Obstruction lighting and marking. The broadcast tower shall be of a galvanized finish,
36 or painted with a rust protective paint of an appropriate color to harmonize with the
37 surroundings as approved by the board of commissioners. Lighting of the tower shall
38 be as required by the FAA.
39 i. FCC license required. The applicant for a new broadcast tower must be currently
40 licensed by the FCC to provide AM, FM or television broadcast services within an
41 area of licensure that includes Rowan County.
42 (13) Specific conditional use criteria for off -premises signs.
43 a. Separation of off -premises signs shall be one thousand (1,000) feet per road side as
44 measured parallel to the road travelway. The road side is considered to consist of one
45 (1) side of the road. Only one (1) sign per one thousand (1,000) feet shall be allowed
46 per roadside. This standard shall apply to all roads, except signs exempted in section
47 21-181.
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1 b. Location of off -premises signs, excluding those exempted in sections 21-135(g) and
2 181, shall be limited to the CBI and IND zoning districts. In addition the property shall
3 meet the following standards.
4 1. On property (tax parcel) which has one (1) or more permanent structures devoted
5 to commercial or commercial activity or otherwise on which commercial or
6 industrial activity is conducted extending outward five hundred (500) feet beyond
7 the edge of the activity. The building shall be within six hundred sixty (660) feet of
8 nearest edge of right-of-way.
9 2. Said activity shall have been on the site three (3) months or more.
10 3. Site shall have all required local state and federal privilege licenses as required by
11 law.
12 4. The activity shall be serviced by approved utilities.
13 5. The activity shall have direct or indirect vehicular access and be a generation of
14 traffic volume.
15 6. Employees shall be on site during usual normal and customary hours for that
16 activity.
17 7. The activity shall be visible and recognizable as commercial or industrial.
18 c. For the purpose of this section none of the following activities shall be commercial or
19 industrial:
20 1. Outdoor advertising structures or activity or any other business or industrial
21 activity carried on in connection with an outdoor advertising activity.
22 2. Agricultural uses.
23 3. Transient or temporary activities including seasonal activities.
24 4. Activities conducted in a building principally used as a residence.
25 5. Railroad tracks or sidings.
26 6. Sign face area per side shall not exceed four hundred fifty (450) square feet on I-
27 85 or three hundred (300) feet on all other roads. "Double-decker" signs are
28 prohibited as are tandem signs.
29 7. Height shall not exceed fifty (50) feet over roadway.
30 8. The signs shall have a one thousand -foot separation from residences to limit
31 detrimental effects on the residential property.
32 (14) Winery, Wine Tasting Room
33 a. Setbacks. The facility shall meet the setback requirements of Section 21-84. (Table of
34 dimensional requirements)
35 b. Screening. The facility shall meet the screening requirements of Article IX. (Screening
36 and Buffering)
37 c. Licenses and permits. All required licenses and permits (i.e. Environmental Health,
38 ABC, etc) shall be obtained prior to operation of the facility.
39 (15) Residential clustering.
40 a. Purpose. The purpose is to encourage innovative development by allowing variations
41 from normal regulations pertaining to dimensional criteria provided in article IV. In
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1 addition to the requirements of this subsection, approval of cluster subdivisions shall
2 require approval as required by the subdivision ordinance.
3 b. Development standards. Proposed residential clustering shall contain a minimum of
4 four (4) dwelling units on a total area of two (2) or more acres.
5 c. Setbacks from exterior lot lines.
6 Front, from rights -of -way .................................. 75 feet
7 Side............................................................ 40 feet
8 Side street, from rights -of -way .......................... 50 feet
9 Rear............................................................ 40 feet
10 d. Internal setbacks.
11 Front, from edge of roadway ............................. 20 feet
12 Side ...................................................... 0 or 10 feet
13 Rear ...................................................... 0 or 10 feet
14 e. Buffers. As required for MFR districts.
15 f. Density. To determine the total number of dwellings allowed for gross acreage
16 excluding rights of way on public roads shall be divided by the minimum lot size
17 allowed in the zoning district the subject property is in.
18 g. Common areas. Maintenance of the common areas shall be the responsibility of a
19 homeowner's association, unless a written agreement is made or the area has been
20 deeded or accepted by the county or a local municipality. If required, the homeowners
21 association shall be responsible for the maintenance, payment of taxes, and shall
22 control the open space area subject to restrictive covenants.
23 (16) Multi -family developments.
24 a. Application. An application shall be provided with:
25 1. Site plan as provided in section 21-52; and
26 2. Development name and name(s) and address(es) of owners and designers.
27 b. Density. The maximum number of units allowed is as follows:
28 Public water and sewer: Twelve (12).
29 Public or community water or public sewer or approved package treatment plant:
30 Eight (8).
31 Individual or multi connection well & individual septic tank: Three (3).
32 c. Modification of dimensional requirements. Notwithstanding other provisions of this
33 chapter, the Board of Commissioners may approve a site plan as provided herein which
34 modifies the dimensional criteria from Article IV. Additionally, the subdivision of lots may
35 be allowed as provided by chapter 22 section 58 of the Subdivision Ordinance for a
36 planned unit development (PUD).
37 (Ord. of 1-19-98, § IV; Ord. of 7-12-99; Ord. of 10-18-99(2), § 2; Ord. of 1-15-01; Ord. of 7-9-01;
38 Ord. of 3-18-02(2); Ord. of 8-19-02(2); Ord. of 5-19-03; Ord. of 8-16-04; Ord. of 9-20-04; Ord. of
39 11-15-04; Amend. of 3-7-05; Amend. 7-1-05; Amend. of 8-20-07; Amend. of 4-21-08; Amend. of
40 11-2-09; Amend. of 10-4-10; Amend. of 9-6-11; Amend. of 3-5-12; Amend. of 3-5-12; Amend. of
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1 1-22-13; Amend. of 3-4-13; Amend. of 8-19-13; Amend. of 12-2-13; Amend. of 4-21-14; Amend.
2 of 1-5-15; Amend. of 9-6-16; Amend. of 10-17-16)
3 Sec. 21-61. Conditional districts.
4 (a) Purpose. There are instances where certain uses may have significant impacts on the
5 surrounding area and the county which cannot be predetermined and controlled by general
6 district standards. As a result, a general zoning district designation is clearly inappropriate for
7 a property, but a specific use or uses permitted as a conditional district subject to
8 development requirements to address the anticipated impacts would be consistent with the
9 spirit and intent of this chapter. This voluntary procedure is intended for firm development
10 proposals, and is neither intended nor suited for securing early zoning for tentative uses
11 which may not be undertaken for a long period of time.
12
General Zoning Districts Conditional Districts
RS RS (CD)
RR RR (CD)
RA RA (CD)
MHP MHP (CD)
MFR MFR (CD)
CBI CBI (CD)
85-ED-1 85-ED-1 (CD)
85-ED-2 85-ED-2 (CD)
85-ED-3 85-ED-3 (CD)
85-ED-4 85-ED-4 (CD)
IND IND (CD)
NB NB (CD)
INST INST (CD)
13 (b) Applications. Applications for conditional districts shall be on forms provided by the county
14 planning and development department. Only property owners or their authorized agents shall
15 apply for rezoning to an appropriate conditional district (amended 6-19-00). In addition to the
16 general information required in section 21-52 and other applicable sections of this chapter,
17 the petitioner may propose additional limitations or restrictions to ensure compatibility
18 between the development and the surrounding area. Only uses listed in section 21-113 as
19 permitted by right may be considered within a conditional district.
20 (c) Permitted uses and development requirements. Upon approval of a conditional district,
21 only the use or uses identified in the conditional district are allowed subject to any associated
22 conditions or limitations therein. All use requirements of the underlying general use district
23 shall apply as well as all other requirements of the ordinance. In no situation shall approval of
24 a conditional district reduce required standards of this ordinance unless otherwise provided
25 herein.
26 (d) Review Procedures. Conditional district requests shall follow review procedures
27 referenced in Sec. 21-362.
28 (e) Conditional District Approval. The board of commissioners may approve a reclassification
29 of a property to a conditional district only upon determining that the proposed use or uses will
30 meet all standards and regulations in this chapter that are applicable. Specific conditions
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1 applicable to the districts may be proposed by the petitioner or the board of commissioners,
2 but only those conditions mutually approved by the board and the petitioner may be
3 incorporated into the zoning regulations. Conditions and site -specific standards imposed in a
4 conditional district shall be limited to those that address the conformance of the development
5 and use of the site to applicable ordinances and an officially adopted comprehensive or other
6 plan and those that address the impacts reasonably expected to be generated by the
7 development or use of the site. The approval of the district and any requested conditions
8 shall be included on an approval form provided by the county. If the approval and any
9 attached conditions are acceptable to the petitioner, then this acceptance shall be indicated
10 by the petitioner signing the approval form.
11
12 (Ord. of 1-19-98, § IV; Ord. of 6-17-02; Amend. of 3-7-05; Amend. of 2-20-06(1); Amend. of 6-
13 16-08; Amend. of 6-19-10; Amend. of 3-5-12; Amend. of 9-6-16)
14 Sec. 21-62. Effect of approval for conditional districts.
15 (a) Conditions attached to approval. Approval of a conditional district and the attached conditions
16 are binding on the property as an amendment to the zoning maps. All subsequent
17 development and use of the property shall be in accordance with the standards for the
18 approved conditional district, the approved rezoning request, and all conditions attached to
19 the approval. In accordance with Sec. 21-11, an approved conditional district secures a
20 vested right to undertake a project for two (2) years unless a longer duration is requested by
21 the applicant and approved by the Board of Commissioners.
22 (b) Uses allowed. Only uses and structures indicated on the approved site plan shall be allowed
23 on the subject property. All uses and structures in a conditional district shall also comply with
24 all standards and requirements for development in the underlying zoning district.
25 (c) Effect on zoning maps. Following approval of the rezoning request for a conditional district,
26 the subject property shall be identified on the zoning map by the appropriate district
27 designation as listed in section 21-61 (a). All parallel conditional use districts approved prior
28 to September 6, 2016 shall hereby be replaced by a comparable conditional district. For
29 example, a pre-existing CBI -CUD designation will be changed to a CBI -CD designation.
30 Associated applications, site plans, conditions, and limitations placed on the conditional use
31 district are incorporated without change into the standards and conditions for the new
32 conditional district. Changes to a pre-existing conditional use district are subject to the
33 conditional district process identified in subsection (d). Nothing in the section shall be
34 interpreted to invalidate a pre-existing conditional use district.
35 (d) Alterations to approval. Alterations to an approved plan for a conditional district shall be as
36 provided in this subsection.
37 (1) Except as provided in subsection (2) below, changes to the approved conditional district
38 and maps shall be treated as amendments to this chapter and the zoning maps.
39 (2) Minor changes.
40 a. The county recognizes slight deviations in site -specific development proposals may
41 arise, warranting changes to the plans and therefore offers a provision for
42 administrative approval of a minor change. The applicant may submit a written
43 request to the planning director that includes supporting documentation (e.g. federal /
44 state permits, survey / engineering information) substantiating the need for the minor
45 change. After reviewing the record of proceedings, the planning director may
46 consider minor changes that are substantially similar to that approved by the Board of
47 Commissioners subject to the following criteria:
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1 1. Relocation of operational area improvements that do not project into the required
2 setback;
3 2. One time expansions that do not exceed the lesser of ten (10) percent of the
4 approved structure or one thousand (1,000) square feet for nonresidential uses;
5 3. One time expansions that do not exceed the lesser of ten (10) percent of the
6 development or five (5) units;
7 4. Structural alterations that do not significantly effect the basic style, ornamentation,
8 and / or character of the building; or
9 5. Change in detail which does not affect the basic relationship of the use to the
10 required standards of the applicable ordinances or condition(s) of approval.
11 b. Regardless of Sec. 21-62(d)(2)(a)(1-5), the planning director may forward the
12 requested change to the Board of Commissioners for consideration in the same
13 procedure as required for the original issuance of the conditional district as per Sec.
14 21-61(b). All other changes shall be reviewed by the Board of Commissioners as per
15 Sec. 21-61(b). Modifications requesting reduction of the minimum standards within
16 the zoning ordinance shall be treated as a variance request and not considered
17 herein.
18 c. Requests for a minor change may be submitted to the planning director at any time,
19 although proposals to change or amend any approved conditional district shall not be
20 considered by the Board of Commissioners within one (1) year after date of original
21 authorization of such permit or within one (1) year after hearing of any previous
22 proposal to amend or change the district unless deemed appropriate by the planning
23 director. The applicant may appeal the decision of the planning director to the
24 Planning Board. The Planning Board will make a recommendation for the Board of
25 Commissioners' consideration. Failure of the Board of Commissioners to set a public
26 hearing regarding an amendment shall constitute denial of the request and conditions
27 of the original district shall remain in effect.
28 d. The Board of Commissioners may consider revocation of an approved conditional
29 district through the same procedure as the original permit. Following the hearing, the
30 Board of Commissioners may elect to revoke the district if it is factually determined
31 that one or more instances listed below have occurred:
32 1. The vested rights time period from Sec. 21-11 lapsed;
33 2. The permit was obtained by fraud;
34 3. Non-compliance with the approved site plan and / or conditions of approval;
35 4. Repeated zoning code violations or criminal activity; or
36 5. Eminent threat to public health or safety.
37 Failure to validate at least one of these instances shall allow the conditional district to
38 remain valid. Petitioners may appeal this decision to superior court. Should a
39 conditional district be revoked, the Board of Commissioners will rezone the property
40 back to a general zoning district.
41 (Ord. of 1-19-98, § IV; Ord. of 10-18-04; Amend. of 11-2-09; Amend. of 10-4-10; Amend. of 3-5-
42 12; Amend. of 9-6-16)
43 Sec. 21-63. Application re -submittal for conditional use permits and conditional
44 districts.
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1 (a) If conditionally approved, the applicant may submit a revised application within forty-five (45)
2 days of having received the decision of the appropriate board. The revised application shall
3 include provisions described in conditions placed on the application. If the conditionally
4 approved application is not resubmitted within the prescribed time period the application shall
5 be deemed to be disapproved.
6 (b) If a conditional use permit or conditional district application is denied, the administrator shall
7 not accept another application similar to the denied application for the same property or a
8 portion of the same property for a period of twelve (12) months from the date of the public
9 hearing, unless the administrator determines that:
10 (1) There has been a significant zoning district reclassification of an adjacent property;
11 (2) A new or updated land use plan which changes public policy regarding the property is
12 adopted by the county; or
13 (3) Public facilities such as roads, waterlines, sewer lines, or other infrastructure are
14 constructed or expand to serve the property and enable the proposed development to be
15 accommodated.
16 (Ord. of 1-19-98, § IV; Amend. of 9-6-16)
17 Sec. 21-64. Reserved.
18 Editor's note: An amendment of July 1, 2005 renumbered § 21-64 as § 21-60(12). Former § 21-64
19 pertained to specific conditional use criteria for off -premises signs and derived from Ord. of 11-19-01(1);
20 Ord. of 12-3-01; and Ord. of 3-25-04.
21 Sec. 21-65. General criteria for uses listed SR in the NB District in section 21-113.
22 Uses listed as SR in the NB District in section 21-113, the table of uses, shall comply with the
23 following criteria, as applicable:
24 (1) Site plan. A site plan shall be provided showing the existing lot and all existing and
25 proposed buildings. As well as all criteria required herein.
26 (2) Lighting. The lighting shall be shielded to prevent light and glare spillover to adjacent
27 residentially developed properties.
28 (3) Minimum zone lot size. The minimum zone lot size shall be two (2) acres. The Board of
29 Commissioners may reduce this if the lot is a lot of record existing at the effective date of
30 this ordinance and the property owner does not own contiguous property which may be
31 included in the proposal.
32 (4) Building size. The maximum building size per parcel shall not exceed ten (10) percent of
33 the total zone lot area up to a ten thousand (10,000) square foot building size. Multiple
34 buildings may be used in calculating the maximum allowable building size.
35 (5) Impervious surface. The maximum impervious surface shall not exceed sixty-five (65)
36 percent of the lot.
37 (6) Hours of operation. Hours of operation shall not exceed 6:00 a.m. to 11:00 p.m.
38 (7) Parking. Parking shall be as prescribed in article VII, Parking, for that use.
39 (8) Signage. Shall be as prescribed in article VIII, Signs, for the underlying district.
40 (9) Noise. Noise shall not exceed the levels prescribed in the county noise ordinance for
41 residential districts.
42 (10) Outdoor storage. All outside storage areas including dumpsters shall be:
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1 a. Sited to the rear of the building;
2 b. Not within the required setbacks.
3 c. Notwithstanding other requirements of this subsection, outdoor storage shall be
4 completely screened from adjacent residentially zoned property
5 (11) Smoke, odors and dust. The use will not create any smoke, odors, or dust at a level
6 discernible at any of its lot lines.
7 (12) Required licenses and permits. The applicant shall provide a copy of all required licenses
8 and permits prior to issuance of a zoning permit.
9 (13) Handling waste and other by-products. A description shall be provided of the method of
10 collecting, handling, disposal and storage of all wastes, by-products, scraps, etc. which
11 meets all applicable federal, state and local regulations and all other requirements of this
12 ordinance.
13 (14) Screening and buffering. Screening as required by Sec. 21-216.
14 (15) Outdoor display. Outdoor display shall be limited to two thousand five hundred (2,500)
15 square feet.
16
17 (Ord. of 6-17-02; Amend. of 5-7-07; Amend. of 9-6-11)
18
19
20 Secs. 21-66--21-80. Reserved.
21
22 ARTICLE IV. DIMENSIONAL CRITERIA
23
24 Sec. 21-81. Dimensional requirements; general.
25 Requirements for lot area, width, depth, and frontage, front, side and rear yard shall be
26 provided in section 21-84, unless modified by the Board of Commissioners through residential
27 clustering, multi -family developments subject to section 21-60 (16), Planned Development
28 Subdivisions subject to chapter 22 section 58 of the Subdivision Ordinance, or as otherwise
29 provided.
30 (Ord. of 1-19-98 § V; Amend. of 10-4-10; Amend. of 4-21-14)
31 Sec. 21-82. Measurement of setback or building line.
32 Setbacks or front or side street building lines and other applicable elements of this chapter
33 shall be measured from the street or road rights -of -way. If no recorded rights -of -way exists, the
34 assumed rights -of -way shall be thirty (30) feet from the centerline of the road.
35 (Ord. of 1-19-98, § V)
36 Sec. 21-83. Rear yard triangular lot.
37 A triangular shaped lot where the side lot lines intersect at the rear of the lot, shall provide a
38 rear yard as required for that district. The rear yard shall be determined by locating a point on
39 each side lot line measured from the intersection of the side yards toward the front of the lot, and
40 connecting these two (2) lines.
41 (Ord. of 1-19-98, § V)
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1 Sec. 21-84. Table of dimensional requirements.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
DISTRICTS
RA
RR
RS
MHP
MFR
CBI
NB
INST
IND
Minimum zone lot size(1)(3)
Septic tank and individual or
20,000
20,000
20,000
6
2 acre with 3
3(2)
N/A�2)
20,000
N/A
N/A
multi -connection well
sq ft
sq ft
sq ft
acres
du/acrewith
sq ft
Minimum zone lot size(1)(3)
Public water or community water
2 acre
or
15,000
15,000
15,000
6
with 8
N/A(2)
15,000
N/A
N/A
Public sewer or approved
sq ft
sq ft
sq ft
acres
du/acre (2)
sq ft
package treatment plant
Minimum zone lot size(1)(3)
2 acre
Public water and sewer
10,000
10,000
10,000
6
with 12
N/Ate)
10,000
N/A
N/A
sq ft
sq ft
sq ft
acres
du/acre (p)
sq ft
Minimum lot width
35 ft
35 ft
35 ft
35 ft
35 ft(6)
35 ft
35 ft
35 ft
35 ft
at right-of-way
Minimum lot width at
70 ft
70 ft
70 ft
70 ft
70 ft(6)
70 ft
50 ft
70 ft
70 ft
Building setback line
Minimum lot depth
Without public water & sewer
150 ft
150 ft
150 ft
150 ft
150 ft(6)
100 ft(2)
100 ft(2)
150 ft
150 ft
Public water and sewer
125 ft
125 ft
125 ft
125 ft
125 ft(6)
100 ft
100 ft
125 ft
150 ft
Principal structure setback
Front Yard (4)
30 ft
30 ft
50 ft
50 ft
50 ft(6)
50 ft(2)
30 ft
30 ft
50 ft
Side street
20 ft
20 ft
25 ft
50 ft
50 ft(6)
30 ft(2)
20 ft
20 ft
30 ft
Side yard(4)
loft
loft
loft
50 ft
50 ft(s)
10 ft or
10 ft or
loft
loft
Oft
Oft
or0ft
Rear yard(4)
loft
loft
20 ft
50 ft
50 ft(s)
10 ft or
10 ft or
loft
loft
Oft
Oft
or0ft
Accessory structure setbacks$)
Front
30 ft
30 ft
50 ft
ft(5)
50 ft(6)
loft
loft
loft
loft
Any right-of-way
loft
loft
loft
ft 5)
50 ftss)
loft
loft
loft
loft
Side and rear yard
loft
loft
loft
ft (5)
10 ft(6)
loft
loft
loft
loft
(1) May be increased based on location in regulated watershed.
(2) For single family use standards for RA district.
(3) For individual lot size/space standards in an MHP district refer to section 21-60(11)n.
(4) For individual space setbacks in an MHP district refer to section 21-60(11)d.
(5) From exterior property lines.
(6) Requirements may be modified or exempted as provided by section 21-60(16). Dimensional criteria for
subdivided lots shall be as provided for in the RA district, excluding external boundaries of the
development.
(7) See "special requirements" for NB district for setbacks from residential zoning districts.
(8) Refer to section 21-285 for additional standards.
(Ord. of 1-19-98, § V; Ord. of 2-1-99(1), § 12; Ord. of 10-18-99(1); Ord. of 6-17-02; Amend. of 3-
7-05; Amend. of 11-2-09; Amend. of 3-5-12; Amend. of 1-22-13; Amend. of 4-21-14)
Secs.21-85--21-110. Reserved.
ARTICLE V. PERMITTED AND CONDITIONAL USES
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I Sec. 21-111. Generally.
2 The range of uses permitted as of right and under prescribed conditions established in this
3 article is summarized in section 21-113. In the event of a conflict between section 21-113 and the
4 text of this chapter, the text shall control.
5 (Ord. of 1-19-98, § VI)
6 Sec. 21-112. Relation to Standard Industrial Classification (SIC) Manual, 1987;
7 executive office of the president, office of management and budget.
8 Section 21-113, Table of uses, and section 21-166, Parking requirements, are based on the
9 SIC Manual. Specific uses listed under headings in that manual shall be subject to the guidelines
10 prescribed for general use categories as listed in these tables. Where specific uses are not
11 listed, the administrator may apply the standards set forth in this chapter for similar uses.
12
13 (Ord. of 1-19-98, § VI)
14 Sec. 21-113. Table of uses.
15
P- Permitted by Right
P(A) - Permitted as Accessory Use
SR - Permitted with Special Requirements
C- Conditional Use
Zoning Districts
Residential
Nonresidential
Use
RA I RR I RS I MHP MFR I CBI NB I INST IND
Residential
SIC
Single family dwelling, site built
P
P
P
P
P
P
P
Single family dwelling, modular
P
P
P
P
P
P
P
Manufactured home
Type I
(1)
Type I
(1)
P
Type
I'll
III
Type I
(1)
P
Type
I
(1)
(1) Refer to section 21-284 for exception to this criteria, section 21-137 for replacement of nonconforming
manufactured homes and section 21-281 for ten orary uses
Temporary family health care structure
P (A)
P (A)
P (A)
P (A)
P (A)
P (A)
P (A)
Duplex, individual
P
SR
P
P
Duplexes, triplexes, quadraplexes, other
multi -family developments
C
Home occupations
P
P
P
P
P
P
P
Home occupations, rural
P
P
P
P
Residential clustering
C
C
C
C
C
C
Family care homes
SR
SR
SR
SR
SR
SR
SR
SR
Manufactured home park
C
Manufactured home park, family
SR
SR
SR
SR
Major Subdivisions for residential use
P
P
P
P
P
Agriculture, forestry and fishing
01
Agricultural Production - Crops
P
P
P
P
P
P
P
P
P
02
Agricultural production livestock and
animalspecialties, all except
P
P
P
P
P
P
P
P
P
0213
Hog lots
07
Agricultural services, all except
P
P
P
P
P
P
P
P
074
Veterinary services
SR
P
P
P
0751 (pt)
Slaughtering, custom
P
SR
P
0752 (pt)
Animal Shelters, Boarding Kennels,
Dog Pounds, Dog grooming, showing
pets, training pets, vaccinating pets
SR
P
P
P
0782
Lawn and garden services
SR
P
P
P
0783
Ornamental Shrub and Tree Services
SR
P
P
P
08
Forestry
P
P
P
P
P
P
P
P
P
09
Fishing, hunting and trapping
P
P
P
P
P
P
P
P
P
Greenhouses
P
P
P
P
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P- Permitted by Right
P(A) - Permitted as Accessory Use
SR - Permitted with Special Requirements
C- Conditional Use
Zoning Districts
Residential
Nonresidential
Use
RA RR RS MHP
MFR CBI NB INST IND
Mining
10
Metal mining
C
14
Mining and quarrying of non-metallic
minerals except fuels, all except
C
1442
Common sand mining
SR
P
Construction
15
Building construction- general
contractors and operative builders
SR
P
SR
P
16
Heavy construction other than building
construction — contractors
SR
P
P
17
Construction — special trade
SR
P
SR
P
Manufacturing
20
Food and kindred products, all except
SR
P
P
201
Meat products
SR
P
P
205
Bakery products
P
SR
P
207
Fats and oils
P
21
Tobacco products
SR
P
P
22
Textile mill products, all except
P
P
226
Dying and finishing textile
P
23
Apparel & other finished products made
from fabrics & similar material
SR
P
SR
P
24
Lumber and wood products, except
furniture, all except
SR
P
241
Logging
P
P
P
P
P
P
P
242
Sawmills
SR
P
25
Furniture and fixtures
SR
P
SR
P
26
Paper and allied products, all except
P
P
261
Pulp mills
C
262
Paper mills
C
27
Printing, publishing, allied industries
SR
P
P
28
Chemicals and allied products
C
29
Petroleum refining, related products
C
30
Rubber and miscellaneous products
SR
P
P
31
Leather & leather products, all except
SR
P
SR
P
311
Leather and finishing
C
32
Stone, clay, glass and
concrete products, all except
SR
P
SR
P
324
Hydraulic cement
C
325
Structural clay products
C
327
Concrete, gypsum, plaster products
C
329
Abrasives, asbestos,
Non-metallic mineral products
C
33
Primary metal industries
C
34
Fabricated Metal products, except
machinery and transportation
equipment, all except
SR
P
SR
P
3483
Ammunition except for small arms
C
3489
Ordnance and accessories
C
35
Industrial and commercial machinery
and computer equipment
SR
P
P
36
Electronic and other electrical
equipment and components, except
computer equipment, all except
SR
P
SR
P
3612
Power distribution and specialty
transformers
C
37
Transportation equipment
SR
P
SR
P
38
Measuring, analyzing and
controlling instruments
SR
P
P
39
Miscellaneous manufacturing industries
SR
P
P
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P- Permitted by Right
P(A) - Permitted as Accessory Use
SR - Permitted with Special Requirements
C- Conditional Use
Zoning Districts
Residential
Nonresidential
Use
RA I RR I RS MHP
MFR CBI NB I INST IND
Transportation, communications, electric, gas and sanitary services
40
Railroad transportation
P
41
Local & suburban transit, interurban
highway passenger transportation
P
P
42
Motor freight transportation and
warehousing, all except
P
P
421
Trucking
SR
SR
P
SR
P
Mini -warehouse warehousing
SR
P
SR
P
Dead storage of manufactured homes
SR
SR
SR
SR
SR
SR
43
U.S. Postal Service
P
P
P
P
44
Water transportation
P
P
45
Transportation by air
P
P
46
Pipelines, except natural gas
C
C
C
C
C
C
C
47
Transportation services
P
P
48
Communications, all except
P
P
Transmission tower & Wireless support
structures
C
C
C
C
C
Co -location of wireless facilities
SR
SR
SR
SR
SR
SR
SR
SR
SR
Eligible facilities request
SR
SR
SR
SR
SR
SR
SR
SR
SR
Alternative tower structures
SR
SR
SR
SR
SR
SR
SR
SR
SR
Public safety tower
SR
SR
SR
SR
SR
SR
SR
SR
SR
4832
Radio broadcast towers
C
4833
Television broadcast towers
C
49
Electric, gas, water services (SIC
491,492,493,494), all except
C
C
Electric and water distribution lines,
natural gas pipelines
P
P
P
P
P
P
P
P
P
491 t.
p
Ground Mounted Solar Energy Systems
6,000 sq.ft. or less
SR
SR
SR
SR
SR
SR
SR
SR
SR
491 t.
p
Ground Mounted Solar Energy Systems
over 6,000 s .ft.
C
C
C
C
C
495
Sanitary services
4952
Sewerage systems
C
C
4953
Refuse systems, all prohibited except
Dumps: operation of
C
C
Garbage: collect, destroy & process
C
Landfills, sanitary: operation of
C
C
Refuse systems
C
Rubbish collection and disposal
C
C
Sludge disposal sites
C
C
4959
Sanitary services, not elsewhere classified
C
P
P
496
Steam and air conditioning supply
P
P
Wholesale trade
50
Wholesale trade, durable goods, all
except
SR
P
P
5015
Motor vehicle parts, used
C
C
5032
Brick, stone & construction materials
P
SR
P
505
Metal & minerals, except petroleum
P
P
5093
Scrap and waste materials
C
51
Wholesale trade, nondurable goods,
all except
SR
P
P
5154
Livestock (wholesale)
P
516
Chemical and allied products
C
517
Petroleum and petroleum products
C
5191
Farm supplies
SR
SR
P
SR
P
SIC 516 and 517 were removed as conditional uses in the CBI district as a result of Z-10-04 text amendments.
Retail trade
52
Building material, hardware,
garden supplies and mobile
SR
P
SR
P
53
General merchandise stores
SR
P
SR
P
54
Food stores
SR
P I
SR
P
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P- Permitted by Right
P(A) - Permitted as Accessory Use
SR - Permitted with Special Requirements
C- Conditional Use
Zoning Districts
Residential
Nonresidential
Use
RA RR RS MHP
MFR CBI NB INST IND
Retail trade cont
55
Auto dealers, gas service stations
SR
P
SR
56
Apparel and accessory stores
SR
P
SR
57
Home furniture, furnishings and
equipment stores
SR
P
SR
58
Eating and drinking places
SR
P
SR
P
5813
Drinking places (alcohol beverages)
C
P
59
Miscellaneous retail
SR
P
SR
P
Finance, insurance and real estate
60
Depository institutions
SR
P
SR
P
61
Non -depository institutions
SR
P
SR
P
62
Security and commodity brokers
SR
P
SR
63
Insurance carriers
SR
P
SR
64
Insurance agents, brokers & service
SR
P
SR
65
Real estate
SR
P
SR
67
Holding and other investment offices
SR
P
SR
Services
70
Hotels, rooming houses, camps and
other lodging places, all except
SR
P
SR
7011
Cabins
C
P
C
7033
Campgrounds and RV parks
C
P
C
72
Personal services
SR
P
SR
P
73
Business services
SR
P
SR
75
Auto repair, services and parking
SR
P
SR
P
76
Misc repair services
SR
I
P
SR
P
78
Motion pictures
SR
P
79
Amusement, recreational services, all
except
P
7948(pt)
Racetrack operations, including
speedways, go-kart tracks
and dra stri s
C
C
7992
Public golf courses
C
P
7997
Nonprofit athletic fields
C
P
7999
1 Archery ranges
C
P
Shooting ranges
C
P
Skeet shooting facilities
C
P
Riding stables
C
P
Trapshooting facilities
C
P
Public parks
P
P
P
P
P
P
P
Recreational facilities, membership &
non -membership
SR
SR
SR
P
SR
80
Health services
SR
P
SR
P
P
8059(pt)
Convalescent homes for
psychiatric patients
C
C
C
8063
Psychiatric hospitals
C
C
C
Alcohol and drug rehab facilities
C
C
C
8063(pt)
Drug addition, Alcohol rehab hospitals
C
C
C
81
Legal services
SR
P
SR
P
82
Educational services, all except
P
P
P
P
P
P
P
Facility providing overnight habitation
SR
83
Social services, all except
SR
P
SR
P
P
8322
Individual and family social services
P
C
C
8351(pt)
Family child care home
P
P
P
P
P
P
P
8351(pt)
Child care center in residence
P
P
P
P
8351 (pt)
Child care center
SR
P
SR
P
8361
Residential care
C
C
C
84
Museums, art galleries and
botanical gardens, all except
SR
P
SR
P
Zoological parks
C
C
C
86
Membership organizations, all except
SR
P
P
Churches
P
P
P
P
P
P
P
P
8641
Civic, service and social fraternities
C
P
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P- Permitted by Right
P(A) - Permitted as Accessory Use
SR - Permitted with Special Requirements
C- Conditional Use
Zoning Districts
Residential
Nonresidential
Use
RA RR RS MHP
MFR CBI NB INST IND
Services coat.
87
Engineering, accounting, res.
management and related services
SR
P
SR
P
88
Private households
P
P
P
P
P
P
P
P
89
Miscellaneous services
SR
P
Public administration
91
Executive, legislative and general
government, except finance
P
P
P
92
Justice, public order, safety, a// except
P
P
P
9221
Police protection
P
P
P
P
P
P
P
P
P
9224
Fire protection
P
P
P
P
P
P
P
P
P
Ambulance stations
P
P
P
P
P
P
P
P
P
Rescue squads
P
P
P
P
P
P
P
P
P
93
Public finances, taxation and monetary
policy
P
P
P
94
Administration of human
resource programs
P
P
P
95
Administration of environmental quality
and housing programs
P
P
P
96
Administration of economic programs
P
P
P
97
National security and
international affairs
P
P
P
Unclassified
Adult uses
C
Construction and demolition landfill
C
Major subdivisions for commercial use
P
P
P
P
Model automobile racing
C
P
SR
P
Multi -tenant developments
SR
SR
Residential storage facility
C
C
C
C
Winery, Wine Tasting Room
SR,C
C
SEE ARTICLE 111. FOR SPECIAL REQUIREMENTS AND CONDITIOANL USE CRITERIA FOR SPECIFIC USES.
1 (Ord. of 1-19-98, § VI; Ord. of 4-20-98; Ord. of 2-1-99(1), § 13; Ord.
of 10-18-99(2), § 3; Ord. of
2 7-9-01; Ord. of 3-18-02(2); Ord. of 3-18-02(3); Ord. of 6-17-02; Ord.
of 8-19-02(2); Ord. of 4-21-
3 03; Ord.
of 5-19-03; Ord. of 8-16-04; Amend. of 3-7-05; Amend. of 7-1-05; Amend. of 2-20-06(1);
4 Amend.
of 4-21-08; Amend. of 6-16-08; Amend. of 10-4-10; Amend.
of 9-6-11; Amend. of 3-5-12;
5 Amend.
of 3-4-13; Amend. of 8-19-13; Amend. of 12-2-13; Amend.
of 4-21-14; Amend. of 9-6-16;
6 Amend.
of 10-17-16; Amend. of 1-16-18)
7 Secs. 21-114--21-130. Reserved.
8
9 ARTICLE VI. NONCONFORMING SITUATIONS*
10 Sec. 21-131. Purpose and intent.
11 It is the intent of these provisions to regulate and limit nonconforming situations established
12 prior to the effective date of this article, or subsequent amendments, to prescribe guidelines for
13 their continuance which will strive to achieve the desired character of the county and preserve
14 the integrity of this article. Any nonconforming situation may be continued, maintained, or
15 expanded in accordance with the terms of this section. It is also the intent of this section to
16 provide relief mechanisms which may allow the use of nonconforming lots under certain
17 conditions.
18 (Ord. of 11-19-01(2))
19 *Editor's note: An ordinance adopted Nov. 19, 2001, amended art. VI in its entirety, in effect repealing
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1 and reenacting said article to read as herein set out. The former art. VI, §§ 21-131--21-139, pertained to
2 similar subject matter and derived from § VII of an ordinance adopted Jan. 19, 1998.
3 Sec. 21-132. General provisions.
4 (a) A nonconforming situation occurs when, on the effective date of this article or subsequent
5 amendment, an existing lot or structure or use of an existing lot or structure does not conform
6 to one (1) or more of the regulations applicable to the district in which the lot or structure is
7 located. Among other possibilities, a nonconforming situation may arise because a lot does
8 not meet minimum acreage requirements, because structures exceed maximum height
9 limitations, because the relationship between existing buildings and the land (in such matter
10 as density and setback requirement) is not in conformity with this article, because signs do
11 not meet the requirements of this article, or because land or buildings are used for purposes
12 made unlawful by this article.
13 (b) Unless otherwise specifically provided for in this article and subject to the restrictions and
14 qualifications set forth in the remaining sections of this article, nonconforming situations that
15 were otherwise lawful on the effective date of this article may be continued. Whenever this
16 section refers to the effective date of this article, the reference shall be deemed to include as
17 originally adopted, creates a nonconforming situation.
18 (1) Single lot of record with lot area and/or lot width nonconformity.
19 a. When an undeveloped lot has an area or width which does not conform to the
20 dimensional requirements of the district where located, but such lot was approved and
21 lot of record at the time of adoption of this article or any subsequent amendment
22 which renders such lot nonconforming, then such lot may be used for a use permitted
23 in the district where located, provided that the setback dimensions and other
24 requirements, except area or width, are complied with. Notwithstanding the above
25 standards, setbacks for nonconforming lots of record may be reduced as provided by
26 section 21-332 of this chapter.
27 b. In the RS, RR and RA residential zones, only a single-family dwelling or a
28 manufactured home shall be permitted on the nonconforming lot, if allowed as a
29 permitted use in that district.
30 (2) Lots with contiguous frontage in one (1) ownership. When two (2) or more adjoining and
31 vacant lots of record are in one (1) ownership and said lots individually have a lot area or lot
32 width which does not conform to the dimensional requirements of the district where located,
33 such lots shall be combined to create one (1) or more lots that meet the standards of the
34 district where located prior to issuance of a zoning permit.
35 (3) Other standards for lot sizes. Nothing contained herein exempts the contiguous lots
36 considered as a single buildable lot or lots from meeting the applicable provisions of the
37 county board of health regulations or other applicable state standards.
38
39 (Ord. of 11-19-01(2); Amend. of 4-21-14)
40 Sec. 21-133. Continuation of nonconforming use of land.
41 Any nonconforming situation legally existing at the time of adoption or amendment of this
42 article may be continued so long as it remains otherwise lawful subject to conditions provided in
43 this section.
44 (Ord. of 11-19-01(2))
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1 Sec. 21-134. Conditions for continuance for a change in nonconforming situation.
2 Such nonconforming use of land shall be subject to the following conditions:
3 (1) No nonconforming situation shall be changed to another nonconforming situation unless
4 such use is determined to be of equal or less intensity. In determining whether a
5 proposed nonconforming situation is of equal or less intensity, the board of
6 commissioners shall consider the following and determine findings of fact relevant to their
7 determination:
8 a. Probable traffic impacts of each use.
9 b. Parking requirements of each use.
10 c. Probable number of persons on the premises of each use at a time of peak demand.
11 d. Off -site impacts of each use, such as noise, glare, dust, vibration or smoke and other
12 impacts on surrounding properties or the public health or safety.
13 (2) The number of dwelling units in a nonconforming residential use shall not be increased.
14 (Ord. of 11-19-01(2))
15 Sec. 21-135. Extension, enlargement or replacement of a nonconforming use.
16 (a) Except as provided for in subsections (b) through (g), no nonconforming use shall be
17 extended, enlarged, or replaced.
18 (b) Any single-family residential nonconforming use (which may be a manufactured home) or
19 accessory structure associated with a residential use may be enlarged or replaced with a
20 similar structure of the same size or of a larger size, so long as the enlargement or
21 replacement does not create new nonconformities or project further into the required
22 setback. Accessory structures permitted in accordance with Sec. 21-54 or as rural home
23 occupations may only be extended, enlarged, or replaced subject to subsections (c)
24 through (f).
25 (c) Any other nonconforming use may be extended, enlarged, or replaced only upon the
26 issuance of a special use permit if the county board of commissioners finds that, in
27 completing the extension, enlargement, or replacement work:
28 (1) There is no increase in the operational area existing on the effective date of this
29 ordinance;
30 (2) There is no greater nonconformity with respect to dimensional restrictions such as
31 setback requirements, height limitations, or density requirements or other requirements
32 such as parking, loading and landscaping requirements; and
33 (3) There is no significant adverse impact on surrounding properties or the public health or
34 safety including but not limited to no increase in the level of noise, dust, odor, glare or
35 other nuisances.
36 In issuing a special use permit, the board of commissioners may affix other reasonable and
37 appropriate conditions such as, but not limited to, landscaping and buffering to separate
38 dissimilar uses or to screen parking and loading areas. The board may also establish a
39 vesting period from two (2) to five (5) years subject to section 21-11.
40 (d) A nonconforming situation may be extended throughout any portion of a completed building
41 that, when the use therein was made nonconforming by this article, was manifestly
42 designed or arranged to accommodate such use. However, a nonconforming situation may
43 not be extended to additional buildings or to land outside the original building unless
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Working DRAFT [Using 01.17.18]
1 specifically authorized in accordance with subsection (c). In addition, the level of noise, dirt,
2 odor, glare or other nuisance shall not increase.
3 (e) A nonconforming use of open land may not be extended to cover more land than was
4 occupied by that use when it became nonconforming, except that a use that involves the
5 removal of natural materials from the lot (e.g., a sand pit) may be expanded to the limits of
6 the site plan upon which the mining permit was granted if such permit was obtained in
7 compliance with all applicable laws and ordinances in effect at the time of approval.
8 (f) The volume, intensity, or frequency of use of property where a nonconforming use exists
9 may be increased and the equipment or processes used at a location where a
10 nonconforming use exists may be changed if these or similar changes amount only to
11 changes in the degree of activity rather than changes in kind or use and no violations of
12 other sections of this article occur.
13 (g) The replacement or repair of any off -premise sign for which there is in effect a valid permit
14 issued by NCDOT shall not be subject to the standards of this ordinance so long as the
15 square footage of its advertising surface area is not increased as specified in G.S. 136-
16 131.2. As used in this section, reconstruction includes the changing of an existing multi-
17 pole sign structure to a new monopole structure.
18
19 (Ord. of 11-19-01(2); Amend. of 9-6-11; Amend. of 4-21-14)
20 Sec. 21-136. Repairing damaged nonconforming structures.
21 (a) Conditions for repair of damaged nonconforming uses. Repair or rebuilding such
22 nonconforming structures shall be subject to the following conditions:
23 (1) In the event of damage by fire or other causes to the extent less than seventy-five (75)
24 percent of its tax value prior to such damage as determined by the county director of
25 Building Inspections, reconstruction of a nonconforming structure shall be permitted for
26 the same use subject to the following conditions:
27 a. There is no greater nonconformity with respect to dimensional restrictions such as
28 setback requirements, height limitations, or density requirements or other
29 requirements such as parking, loading and landscaping requirements.
30 b. In the same manner in which it originally existed.
31 (2) In the event of damage by fire or other causes to the extent exceeding seventy-five (75)
32 percent of its tax value prior to such damage as established by the county director of
33 Building Inspections, reconstruction of a nonconforming structure shall be permitted
34 provided it is constructed:
35 a. In the same manner in which it originally existed subject to compliance with the
36 requirements of the state building code; or
37 b. Relocated in compliance with dimensional and use requirements of the district in
38 which the unit is relocated.
39 (3) No nonconforming structure shall be moved or relocated unless it is made to comply with
40 the dimensional and use requirements of the district in which it is relocated and with the
41 requirements of the state building code.
42 (4) Off -premise signs may be repaired or replaced subject to section 21-135 (g) or this
43 subsection.
44 (b) Preservation of safe or lawful conditions. Nothing in this article shall prevent the
45 strengthening or restoration to a safe or lawful condition any building declared unsafe or
46 unlawful by the county building inspector or other duly authorized official.
47
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(Ord. of 11-19-01(2); Amend. of 9-6-11; Amend. of 4-21-14; Amend. of 9-6-16)
2 Sec. 21-137. Abandonment and discontinuance.
3 (a) Nonconforming use. A nonconforming manufactured home space, vacated for one hundred
4 eighty (180) days, or left vacated for one hundred eighty (180) days after the effective date of
5 this article shall only be used for a conforming use. A manufactured home space in a MHP
6 zoning district meeting the applicable standards of section 21-283, which contain one or more
7 non -conforming situations from section 21-60(11), left unoccupied for more than one hundred
8 eighty (180) days shall not be considered abandoned, discontinued, or vacated unless all of
9 the spaces within the MHP district are unoccupied for said time period. Other nonconforming
10 uses left vacant, abandoned or discontinued for a period of three hundred sixty (360) days
11 shall only be re-established as a conforming use.
12 (b) Determination of nonconformity. For purposes of determining whether a right to continue a
13 nonconforming situation is lost pursuant to this section, all of the buildings, activities, and
14 operations maintained on the zone lot are generally to be considered as a whole. If a
15 nonconforming use is maintained in conjunction with a conforming use, discontinuance of a
16 nonconforming use for the required period as provided in subsection (a) shall terminate the
17 right to maintain it thereafter.
18 (c) Existing nonconforming manufactured homes. Existing nonconforming manufactured homes
19 may be replaced with a newer manufactured home; however, the new manufactured home
20 shall meet current building codes for manufactured housing as set forth by the department of
21 housing and urban development, unless expressly provided otherwise in this article. The new
22 manufactured home shall be as large or larger that the replaced manufactured home. If the
23 space is left vacant for more than one hundred eighty (180) days, the space shall only be
24 used for a conforming use. If the manufactured home is not replaced within one hundred
25 eighty (180) days it can only be replaced with a conforming use.
26
27 (Ord. of 11-19-01(2); Amend. of 9-6-16)
28 Sec. 21-138. Miscellaneous nonconforming situations.
29 (a) Nonconforming situation resulting from governmental acquisition. Any lot reduced in size by
30 municipal, county or state condemnation or purchase of land shall obtain nonconforming lot
31 or building status to the extent that said condemnation or purchase causes noncompliance
32 with any provisions of this article.
33 (b) Nonconforming parking created by change of use. Whenever a change of use that does not
34 involve the enlargement of an existing structure is proposed for a lot on which the parking
35 requirements of this article for the proposed new use cannot be met due to insufficient lot
36 area, the proposed change of use shall not be regarded as an impermissible extension or
37 enlargement of a nonconforming situation. However, the permit -issuing authority shall require
38 that the parking requirements be satisfied to the extent possible utilizing the lot area that is
39 available.
40
41 (Ord. of 11-19-01(2))
42 Sec. 21-139. Nonconforming signs.
43 Nonconforming signs shall be treated as any other nonconforming use.
44
45 (Ord. of 11-19-01(2))
46 Sec. 21-140. Projections into required setbacks.
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1 (a) Projection of porches into yards. Porches, terraces, steps and similar features with a floor
2 level of not more than five (5) feet above the highest adjacent grade, may project eight (8)
3 feet into the required setback but in no case shall be closer than five (5) feet to the adjacent
4 side or rear property line or ten (10) feet to the right-of-way.
5 (b) Projection of cornices, eaves, chimneys, flues, etc. Cornices, eaves, chimneys, flues, heating
6 and air conditioning units and other similar features may project four (4) feet into any required
7 yard. However, in no case shall such units be closer than five (5) feet to the adjacent property
8 lines or rights -of -way.
9
10 (Ord. of 11-19-01(2); Amend. of 10-4-10)
11 Sec. 21-141. Nonconforming family businesses in the RA District.
12 Businesses created required to comply with the provisions of section 21-55(2)c. shall be
13 classified as a legal nonconforming use if a change in the owners family occurs resulting in
14 noncompliance with the requirement of that subsection.
15
16 (Ord. of 6-29-99)
17 Secs. 21-142--21-160. Reserved.
18 ARTICLE VII. PARKING
19 Sec. 21-161. Purpose.
20 This section is intended to ensure an adequate amount of properly designed parking areas to
21 prevent traffic congestion and to minimize any detrimental effects on adjacent properties.
22
23 (Ord. of 1-19-98, § VIII)
24 Sec. 21-162. General design requirements.
25 All off-street parking areas shall meet the requirements of this article and shall be properly
26 maintained to ensure continued compliance with this article.
27
28 (Ord. of 1-19-98, § VIII)
29 Sec. 21-163. Parking areas.
30 Parking areas shall conform to the general criteria listed below unless expressly provided
31 otherwise in this chapter.
32 (1) Location. Off-street parking areas shall be provided on the same zone lot as the principal
33 use or on a nearby lot a reasonable walking distance away. Such areas shall not be
34 located within any rights -of -way and shall be set back five (5) feet from any zone lot line.
35 (2) Safety. All parking areas shall be designed so that emergency vehicles may safely enter,
36 maneuver in, and exit such areas without backing onto a street or road.
37 (3) Surfacing. Notwithstanding the other requirements of this chapter, required parking areas
38 shall be properly graded and improved with an all-weather surface, which may be gravel.
39 (4) Lighting. Parking areas shall be adequately lighted during business hours. Such lighting
40 shall be designed to minimize adverse effects upon adjoining properties and rights-of-
41 way.
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1
2 (Ord. of 1-19-98, § VIII; Amend. of 9-6-11)
3 Sec. 21-164. Parking space requirements.
4 (a) Calculation of minimum spaces required. The number of standard off-street parking spaces
5 required by this section shall be determined in accordance with section 21-166. Any fraction
6 resulting from the calculation of required parking spaces shall be rounded up to the nearest
7 whole number.
8 (b) Minimum space dimensions.
9 (1) Standard spaces. Each standard parking space shall be twenty (20) feet long and nine
10 (9) feet wide. Parallel parking spaces shall be at least twenty-two (22) feet long and nine
11 (9) feet wide.
12 (2) Handicapped spaces. Handicapped spaces shall be as required by the North Carolina
13 Building Code and the Americans With Disabilities Act.
14
15 (Ord. of 1-19-98, § VIII)
16 Sec. 21-165. Flexibility of administration.
17 The presumptive standards set forth in the parking requirements table cannot cover every
18 possible use or situation, nor can the table be considered exact. Therefore, the administrator is
19 given flexibility to administer this section as follows:
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
(1) Similar use. Parking space requirements for a use not identified in the table shall be
based on a similar, listed use.
(2) Other use. In the case of unique land uses or those that have unusually high parking
requirements, the landowner shall demonstrate to the administrator that sufficient off-
street parking can be provided.
(3) Numerical standard. Deviations from the number of spaces are permitted when the
administrator determines that the requirements for a particular situation are
unreasonable. The reasons for allowing the deviation or requirement shall be noted in
writing by the administrator.
(Ord. of 1-19-98, § VIII)
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23 Sec. 21-166. Table of parking requirements.
SIC MINIMUM PARKING SPACES DU = Dwelling Unit SF = Square Feet ELS = Employee on Largest Shift
Residential
Single family dwelling, site built
N/A
Single family dwelling, modular
N/A
Manufactured home, individual lot
N/A
Manufactured home, MHP
2 spaces/MHP space
Duplex, individual
2 space/DU
Duplexes, tri lexes, quadruplexes, other multi -family developments
2 spaces/DU
Home occupations
N/A
Home occupations, rural
N/A
Agriculture, forestry and fishing
All uses 1 space/400 SF + 1 space/vehicle
Mining
All uses 1 space/ELS + 1 space/vehicle
Construction
All uses 1 space/ELS + 1 space/vehicle
Manufacturing
All uses 1 space/ELS + 1 space/vehicle
Transportation, communications, electric, gas and sanitary services
40
Railroad transportation
1 space/ELS +1 space/vehicle
41
Local and suburban transit and
interurban highway assen er transportation
1 space/ELS + 1 space for every 100 SF of Waiting
Area
42
Motor freight transportation and warehousing
1 space/ELS+ 1 space/vehicle
43
U.S. Postal Service
1 space/ELS + 1 space/400 SF
45
Transportation by air
1 space/ELS + 1 space/4 planes
46
Pipelines, except natural gas
1 space/ELS +1 space/ELS
47
Transportation services
t space/Ls — t space/Ls
48
Communications
tspace/Ls— tspace/Ls
49
Electric, gas and sanitary services
1 space/ELS + 1 space/vehicle
Wholesale trade
All uses 1 space/ELS + 1 space/vehicle
Retail trade
All uses 1 space/ELS + 1 space/400 SF + 1 space/vehicle
Finance, insurance and real estate
All uses 1 space/ELS + 1 space/400 SF
Services
70
Hotels, rooming houses, camps & other lodging places, all except
1 space/room+lspace/ELS+
1 s ace/200 SF of meetin area
7032
Sporting and recreational camps
1 space/campsite + 1 space/ ELS + 1 space/200 SF of meeting area
7011 & 7033
Cabins, Campgrounds, and RV Parks
1 space/campsite + 1 space/ ELS + 1 space/200 SF of meeting area
72
Personal services
1 space/ELS + 1 space/400 SF
73
Business services
1 space/ELS + 1 space/400 SF
75
Auto repair, services, and parking
1 space/service bay+ 1 space/ELS
76
Miscellaneous repair services
1 space/ELS + 1 space/400 SF
78
Motion pictures
1 space/ ELS + 1 space/4 seats
79
Amusement and recreational services, all except
1 space/400 SF
7948
Racing, including track operations
1 space/4 seats
7992
Public golf courses
10 spaces/hole
Shooting ranges, skeet shooting & trapshooting facilities, similar
1 space/ELS+ 1 space/station
Riding stables
1 space/ELS + 1 space/4 stables
80
Health services
1 space / 200 SF
81
Legal services
1 space / 400 SF
82
Educational services
1 space/ELS +1 space/400SF
83
Social services
1 space / 400 SF
84
Museums, art galleries, and botanical and zoological gardens
86
Membership organizations, all except
1 space/400 SF
Churches
1 space/5 persons seating capacity
87
Engineering, accounting, res. Management and related services
1 space/400 SF
88
Private households
N/A
89
Miscellaneous services
1 space/400 SF
Public administration
All uses 1 space/ELS + 1 space/400 SF
Note: The term 'vehicle' includes any and all vehicles used in the normal operation of the business or facility. The term 'station' includes but is not limited
to any and all uses as a seat in a barber/beauty shop, or a shooting station in a shooting facility.
4 (Ord. of 1-19-98, § VIII; Amend. of 3-5-12; Amend. of 4-21-14; Amend. of 10-17-16)
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I Secs. 21-167--21-180. Reserved.
2 ARTICLE VIII. SIGNS*
3
4 *Editor's note: An ordinance adopted Dec. 3, 2001, amended art. VIII in its entirety, in effect repealing
5 and reenacting said article to read as herein set out. The former art. VIII, §§ 21-181--21-183, pertained to
6 similar subject matter and derived from § IX of an ordinance adopted Jan. 19, 1998.
7
8
9 Sec.21-181. Applicability.
10 All on premises signs of any size and off -premises signs one hundred (100) square feet and
11 smaller, are exempt from the regulations in this article, unless expressly provided otherwise.
12 (Ord. of 12-3-01; Amend. of 10-4-10; Amend. of 4-21-14)
13 Sec. 21-182. Lighting of signs.
14 No signs may have lighting which:
15 (1) Causes glare to shine on adjacent residentially developed property.
16 (2) Obstruct views, imitate traffic lights or otherwise confuse or potentially endanger
17 motorists.
18 (Ord. of 12-3-01)
19 Sec. 21-183. Off -premises signs.
20 Off -premises signs, larger than one hundred (100) square feet, are only allowed as
21 conditional uses on the CBI and IND zoning districts. In addition to general evaluation criteria
22 provided for all conditional uses specific criteria are provided in section 21-60(13).
23 (Ord. of 12-3-01; Amend. of 1-22-13)
24 Sec. 21-184. Prohibited signs.
25 Reserved.
26 (Amend. of 8-20-07; Amend. of 9-6-16)
27 Secs. 21-185--21-210. Reserved.
28 ARTICLE IX. SCREENING AND BUFFERING
29 Sec. 21-211. Purpose.
30 Certain land uses, because of their character and intensity, may create an adverse impact
31 when developed adjacent to other less intensive land uses. The general purpose of this article is
32 to establish guidelines to preserve the value and appearance of property in the county and to
33 recognize that the transition between certain uses requires attention to protect less intensive land
34 uses. The goal is to identify land use relationships that may be incompatible and to specify an
35 appropriate buffer or screen in order to minimize adverse impacts.
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I (Ord. of 1-19-98, § X)
2 Sec.21-212. Applicability.
3 Unless expressly stated in this chapter, the requirements of this article shall not apply to uses
4 listed as "SR" in the RA (Rural Agricultural) district, but do apply to uses listed as SR in other
5 districts. The buffering and screening shall be adequate to meet the intent of section 21-211, but
6 shall not exceed one hundred twenty-five (125) percent of the length of the development activity
7 required to install the buffer and screening, unless required on a site plan approved by the board
8 of commissioners. The requirements of this article shall apply to the side and rear yard of the
9 operational area except driveways, sediment ponds, and detention areas unless otherwise
10 indicated herein.
11 (Ord. of 1-19-98, § X; Amend. of 9-6-11)
12 Sec. 21-213. Buffer requirements.
13 (a) Generally. Buffers shall be required in accordance with the table in section 21-216 when any
14 use is being developed abutting an existing developed lot, however less intensive uses
15 locating next to more intensive uses shall not be required to comply with the screening
16 portion of the requirements of this article. Where a conflict exists between the buffer
17 requirements for a use and setback requirements for a zoning district, the use requirements
18 shall control. The required buffer may not be used for loading, storage, or similar operational
19 area needs that are either part of or accessory to the proposed use unless otherwise
20 indicated herein.
21 (b) Modification of buffer requirements. Buffer requirements may be modified in accordance with
22 the provisions of section 21-217.
23 (c) Responsibility for requirements. One hundred (100) percent of the applicable buffer
24 requirements shall be the responsibility of the developing land use, unless expressly provided
25 otherwise.
26 (d) Standards for trees and shrubs. Required trees and shrubs shall meet the following
27 standards:
28 (1) All required large maturing trees shall have a minimum caliper of one and one-half (1 1/2)
29 inches measured six (6) inches above the proper planting level;
30 (2) Shrubs shall be one (1) foot tall or taller when planted; and
31 (3) All specifications for the measurement, quality, and installation of trees and shrubs shall
32 be in accordance with the American Standards for Nursery Stock published by the
33 American Association of Nurserymen, free of disease, and in otherwise sound and
34 healthy condition.
35 (e) Modification of planting types. If it is demonstrated that existing vegetation meets the intent of
36 this section, the zoning administrator may waive the requirements for the plant material.
37 (f) Maintenance of buffer. The owner of the property where the buffer or screening is shall be
38 responsible for maintaining the buffer and all required plantings in good condition.
39 (g) Buffering of expanded uses. Expansion of a use existing prior to the effective date of this
40 chapter shall require the expanded portion of the facility to come into conformance with these
41 requirements.
42 (h) Watershed buffer areas required. A minimum 30-foot vegetative buffer for low density and
43 100-foot buffer for high density development activities is required along all perennial
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1 waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale
2 topographic maps.
3 (i) Development in required watershed overlay buffer areas. Development in the buffer area
4 shall be limited to the following exceptions in conjunction with minimizing built -upon surface
5 area, directing runoff away from surface waters and maximizing the utilization of stormwater
6 best management practices:
7 (1) Artificial streambank or shoreline stabilization;
8 (2) Water dependent structures such as piers, docks, etc.;
9 (3) Other structures such as flag poles, signs, and security lights which result in only minimal
10 increases in impervious area;
11 (4) Public projects such as road crossings and greenways where no practical alternative
12 exists.
13 (Ord. of 1-19-98, § X; Ord. of 4-20-98; Amend. of 11-2-09; Amend. of 9-6-11; Amend. of 4-21-14)
14 Sec. 21-214. Letter of compliance.
15 When it is impractical to plant required screening during optimal planting seasons, the owner
16 of the property upon which the required screening is to be located may submit a letter of
17 compliance to the zoning administrator. The letter will acknowledge that the owner of the subject
18 property is aware of the applicable screening and buffering requirements and will meet these
19 requirements within a specific date, but in no case more than one (1) year. Failure to comply with
20 the provisions of this article by the time stated in the letter of compliance shall constitute a
21 violation of the zoning ordinance.
22 (Ord. of 1-19-98, § X)
23 Sec. 21-215. Required screening type.
24 Screening shall be required along the side and rear property boundaries of the zoning lot.
25 (1) Type A.
26 a. Buffer: Twenty (20) feet.
27 b. Screening shall be one (1) of the following:
28 1. A row of evergreen conifers or broadleaf evergreens placed not more than five (5)
29 feet apart which would grow to form a continuous hedge of at least six (6) feet in
30 height within two (2) years of planting; or
31 2. A masonry wall located within the required buffer; such wall shall be a minimum
32 height of six (6) feet (above finished grade;) and, if a block wall, it shall be painted
33 on all sides; or an opaque fence six (6) feet in height; or
34 3. A berm and planting combination, with the berm an average height of three (3)
35 feet and dense plantings which will, when combined with the berm, achieve a
36 minimum height of six (6) feet and seventy-five (75) percent opacity within two (2)
37 years.
38 4. Lawn, low -growing evergreen shrubs, evergreen ground cover, or rock mulch
39 covering the balance of the buffer.
40 (2) Type B.
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1
2
3
4
5
6
7
8
9
10
11
12
13
19
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
a. Buffer: Eighty (80) feet.
b. Screening shall consist of:
1. A row of trees, forty (40) percent of which are large maturing trees and which are
not less than ten (10) feet high at the time of planting and are spaced not more
than six (6) feet apart;
2. An opaque fence located within the required buffer; such fence shall be a
minimum height of six (6) feet; and
3. Lawn, low -growing evergreen shrubs or broadleaf evergreens, evergreen ground
cover, or rock mulch covering the balance of the buffer.
(Ord. of 1-19-98, § X)
Sec. 21-216. Screening and buffering.
(a) Land use relationships. The
following land
use relationships
shall be used to determine
required screening and buffering
as provided
in section 21-215.
Screening and Buffering
Group1
Group 2
Group 3
Group 4
Group 1 None
Type A
Type A
Type B
Group 2 Type A
None
Type A
Type B
Group 3 Type A
Type A
None
None
Group 4 Type B
Type B
None
None
(b) Group 1 (Least intensive):
(1) Single-family dwellings.
(2) Modular homes.
(3) Manufactured housing on individual lots.
(4) Duplexes on individual lots.
(c) Group 2:
(1) Manufactured home parks.
(2) Institutional uses (SIC 80, 82, 83, 86 and public administration group [Division J]).
(3) Multi -family development.
(4) Residential clustering.
(d) Group 3:
(1) Veterinary services (074).
(2) Farm supplies.
(3) Building construction, general contractors (15).
(4) Heavy construction other than building contractors (16).
(5) Construction special trades (17).
(6) Food and kindred products (20).
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1 (7) Tobacco products (21).
2 (8) Textile mill products (22).
3 (9) Apparel (23).
4 (10) Lumber and wood products (24) except logging and sawmills.
5 (11) Furniture and fixtures (25).
6 (12) Paper and allied products (26) except pulp and paper mills.
7 (13) Printing, publishing and allied industries (27).
8 (14) Rubber and miscellaneous products (30).
9 (15) Leather and leather products (31) except leather tanning and finishing.
10 (16) Stone, clay, glass and concrete products (32) except hydraulic cement, structural clay
11 products, concrete, gypsum and plaster products.
12 (17) Abrasives, asbestos, nonmetallic mineral products, fabricated metal products (34)
13 except ammunition, except for small arms; ordnance and accessories.
14 (18) Industrial and computer machinery and equipment (35).
15 (19) Electronic and other electrical equipment (36).
16 (20) Transportation equipment (37).
17 (21) Measuring, analyzing and controlling instruments (38).
18 (22) Miscellaneous manufacturing (39).
19 (23) Transportation and utilities (Division F), all except sanitary services, sewerage systems,
20 refuse systems, dumps, sanitary land fills, rubbish collection and disposal, and solar
21 energy systems.
22 (24) Wholesale trade (50 and 51) all except motor vehicle parts, used; brick, stone, and
23 related construction materials, metal and minerals, except petroleum, scrap and waste
24 materials, livestock (wholesale); chemical and allied products, petroleum and petroleum
25 products.
26 (25) All retail trade (Division G).
27 (26) All finance, insurance, and real estate (Division H).
28 (27) All services (Division 1), except shooting ranges, skeet shooting facilities, trap shooting
29 facilities, and institutional uses listed in Group 2.
30 (e) Group 4 (most intensive):
31 (1) Metal mining (10).
32 (2) Mining and quarrying of non-metallic minerals (14).
33 (3) Sawmills (242).
34 (4) Pulp mills (261).
35 (5) Paper mills (262).
36 (6) Chemicals and allied products (28).
37 (7) Petroleum refining and related products (29).
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1 (8) Leather tanning and finishing (3111).
2 (9) Hydraulic cement (324).
3 (10) Structural clay products (325).
4 (11) Concrete, gypsum and plaster products (327).
5 (12) Abrasives, asbestos, non-metallic mineral products (329).
6 (13) Primary metal industries (33).
7 (14) Ammunition, except for small arms (3483).
8 (15) Ordnance and accessories (3489).
9 (16) Permitted refuse systems (4953).
10 (17) Motor vehicle parts, used; brick, stone, and related construction materials, metal and
11 minerals, except petroleum, scrap and waste materials, livestock (wholesale); chemical
12 and allied products, petroleum and petroleum products.
13 (Ord. of 1-19-98, § X; Ord. of 4-21-03; Amend. of 11-2-09; Amend. of 3-4-13)
14 Sec. 21-217. Alternative buffers and screening.
15 In lieu of compliance with the above buffer and screening requirement, an applicant may
16 submit to the zoning administrator for his review and approval a detailed plan and specifications
17 for landscaping and screening. The zoning administrator may approve the alternative buffering
18 and screening, in writing, upon finding that the proposal will afford a degree of buffering and
19 screening, in terms of height, opacity and separation, equivalent to or exceeding that provided by
20 the above requirements.
21
22 (Ord. of 1-19-98, § X)
23 Sec. 21-218. Existing vegetation.
24 The retention of existing vegetation shall be maximized to the extent practical, wherever such
25 vegetation contributes to required buffering and screening or to the preservation of significant
26 trees.
27
28 (Ord. of 1-19-98, § X)
29 Sec. 21-219. Applicability of screening and buffering requirements.
30 The requirements of this article shall not apply if an existing adjacent principal or accessory
31 structure and the proposed structure or operational area requiring provision of screening and
32 buffering are separated by a distance of two hundred (200) feet or more. The distance shall be
33 measured from the closest point of each structure.
34
35 (Ord. of 1-19-98, § X; Ord. of 6-29-99; Amend. of 9-6-11).
36 Secs. 21-220--21-240. Reserved.
37 ARTICLE X. NUISANCES
38 Sec.21-241. Noise.
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1
(a)
Intent. The intent of this section is to recognize the right of mining operations and
2
manufacturing industries to maintain operations of current facilities during typical first and
3
second shift hours, while promoting an environment free from noise that jeopardizes the
4
aesthetic quality of life for the general public.
5
(b)
Applicability. Regardless of zoning district, all existing uses in the mining and
6
manufacturing division of the Standard Industrial Classification (SIC) and those seeking
7
conditional use approval in the transportation, communications, electric, gas, sanitary
8
services and Services divisions of section 21-113, the table of uses, shall be subject to
9
the decibel based standards of this section.
10
(c)
Sound level measurement. The sound level meter used in the enforcement of this section
11
shall be comply with ANSI S1.4-1983 requirements or the latest approved version
12
thereof, with calibration and measurement procedures as specified in the "Technical
13
Documentation Manual for the 2237 Controller, Integrating Sound Level Meter" using the
14
A -weighting scale set on slow response for a preset period of eight (8) minutes.
15
(d)
Maximum permitted sound levels. The maximum permitted sound levels for the uses
16
prescribed in subsection (b), shall be obtained at the apparent property line of the noise
17
producer/source and not be in excess of the following decibels during the given time
18
periods:
19
(1) 7:00 a.m.--11:00 p.m. not to exceed seventy (70) decibels.
20
(2) 11:00 p.m.--7:00 a.m. not to exceed sixty-five (65) decibels.
21
22 (Ord. of 1-19-98, § XI; Ord. of 5-21-01(1))
23 Sec. 21-242. Fumes and odors.
24 No use shall emit fumes, gasses, or odors in concentrations or amounts that cause injury
25 or create a nuisance to any person of ordinary sensitivities on another property.
26 (Ord. of 1-19-98, § XI)
27 Sec.21-243. Vibration.
28 No use shall be operated so as to generate inherent or recurring ground vibrations
29 detectable at the property line which create a nuisance to any person of ordinary sensitivities on
30 another property.
31 (Ord. of 1-19-98, § XI)
32 Sec. 21-244. Junked motor vehicles.
33 Unless otherwise provided, junked motor vehicles in the RA, RR, and RS districts on
34 private property not associated with a business, shall conform to the following requirements as of
35 the effective date of this chapter.
36 (1) General requirements.
37 a. The junked motor vehicles shall not be stored or located within thirty (30) feet
38 of any adjoining property line or side street right-of-way; within eighty (80) feet
39 of a centerline of a public road or private road of fifty (50) feet from the edge of
40 the rights -of -way existing on February 16, 1998, whichever is greater.
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1
b.
The junked motor vehicles are not a health or safety nuisance as defined in
2
section 21-4. No motor vehicle parts are visible from adjoining properties, nor
3
shall the area constitute a health or safety nuisance as defined in section 21-
4
4.
5
c.
The junked motor vehicles shall be entirely concealed during all seasons of
6
the year from public view from a public street and from adjoining properties.
7
The vehicles may be concealed by an automobile cover or tarpaulin, with the
8
covering adequately secured to prevent removal by wind. The automobile
9
cover or tarpaulin must remain in good repair and not be allowed to
10
deteriorate.
11
d.
The junked motor vehicles shall not be in the front yard of the primary building
12
of the lot.
13
e.
Only five (5) junked motor vehicles shall be permitted outside any enclosed
14
building unless otherwise specified by this chapter.
15
(2) Exceptions
forjunked motor vehicles.
16
a.
In addition to the five (5) junked motor vehicles allowed outside any enclosed
17
building in subsection (1)e, five (5) additional classic motor vehicles which
18
meet the definition of a junked motor vehicle, shall be allowed in the RA
19
district. Storage of these vehicles shall meet all other requirements of this
20
chapter.
21
b.
The repair of no more than one (1) motor vehicle per household for personal
22
use is exempt from the location, screening, concealment and setback
23
requirements of this chapter. The vehicle shall not constitute a health or
24
safety nuisance as defined in section 21-4.
25
26
(Ord. of 1-19-98,
§ XI; Amend. of 11-2-09)
27 Sec. 21-245. Standards for junked motor vehicles stored at nonconforming
28 automobile repair facilities.
29 Automobile repair facilities may store no more than ten (10) junked vehicles outside an
30 automobile salvage yard or enclosed building unless otherwise specified by this chapter. The
31 junked motor vehicle shall comply with the requirements below on February 16, 1998.
32 (1) The junked motor vehicles and motor vehicle parts shall be screened from
33 adjacent property by a six-foot high opaque screening. Vegetative screening, if
34 used, shall be opaque during all seasons of the year and planted and maintained
35 in accordance with article IX;
36 (2) The junked motor vehicles shall not be stored in the front yard of the property or in
37 the required front yard setback;
38 (3) The junked motor vehicles shall be a minimum of fifteen (15) feet off the side and
39 rear property line or side street right-of-way and a minimum of twenty (20) feet off
40 the right-of-way existing at the effective date of this chapter or fifty (50) feet off the
41 centerline of the road if the right-of-way is not established; and
42 (4) The junked motor vehicles shall not be stacked higher than the screening.
43
44 (Ord. of 1-19-98, § XI)
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1 Sec. 21-246. Standards for automobile salvage yards.
2 (a) The standards in this section shall apply to automobile salvage yards created after November
3 27, 1995, in accordance with the provisions of the "Ordinance to Regulate Automobile
4 Salvage yards as Junked or Abandoned Motor Vehicles" (hereafter referred to as the salvage
5 yard ordinance) and prior to February 16, 1998.
6 (b) New automobile salvage yards and expansions of existing salvage yards approved under the
7 provisions of the salvage yard ordinance shall comply with the following provisions:
8 (1) Shall be subject to any conditions of approval placed on the application by the board of
9 commissioners;
10 (2) Shall be located a minimum of one hundred thirty (130) feet of any centerline or one
11 hundred (100) feet from the edge of the right-of-way of any public or private road
12 whichever is greater;
13 (3) Shall be located a minimum of one thousand (1,000) feet from a school, residence,
14 church or place of public assembly existing at the date of submittal of a complete
15 application. The one -thousand -foot required separation shall be measured from the
16 closest point of the operational area of the automobile salvage yard. This prohibition shall
17 not apply to the residence of the owner of the junkyard or automobile graveyard;
18 (4) Shall be entirely surrounded by an opaque screening at least six (6) feet high. Such
19 screening shall surround the minimum area necessary for the automobile salvage yard to
20 be maintained at its proposed size and that will also allow for a reasonable amount of
21 maneuverability within;
22 (5) All operations, equipment, junk and/or inoperable motor vehicles shall be kept within the
23 confines of the fence at all times unless in motion by transportation to and from the site;
24 (6) A setback shall be provided so that all equipment, junk and/or inoperable motor vehicles
25 shall not be stored or located within fifty (50) feet of any adjoining property lot line;
26 (7) A six-foot high fence designed to reasonably secure the area from unauthorized entry
27 shall surround the entire operational area; and
28 (8) Cars shall not be stacked higher than the fence.
29 (Ord. of 1-19-98, § XI)
30 Sec. 21-247. Nonconforming salvage yards existing on February 16, 1998.
31 Automobile salvage yards or automotive repair facilities existing on February 16, 1998,
32 registered in accordance with the county automobile salvage yard and junked motor vehicle
33 ordinance, shall conform to the standards of subsection (1) or (2) below:
34 (1) Standards without a fence.
35 a. The automobile salvage yard or automotive repair facility shall be screened from view
36 from adjacent developed lots and the road during all seasons of the year; and
37 b. The screen shall be a minimum of six (6) feet in height; and
38 c. A setback of fifteen (15) feet shall be provided on all side and rear property lines; and
39 d. A setback of eighty (80) feet from the road centerline or fifty (50) feet from the edge of
40 the right-of-way existing at the effective date of the ordinance of any public or private
41 road shall be provided, whichever is greater; and
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1
e.
The operational area existing on February 16, 1998, shall not be expanded, except in
2
conformance with the provisions of this chapter; and
3
f.
Storage of motor vehicles or motor vehicle parts is not allowed in the setback; and
4
g.
Junked motor vehicles shall not be stacked higher than the required screening.
5
(2) Standards with an opaque fence.
6
a.
The automobile salvage yard or automotive repair facility shall be screened from view
7
from adjacent developed lots and the road during all seasons of the year; and
8
b.
The automobile salvage yard or automotive repair facility shall be separated from
9
adjacent lots by a fence a minimum of six (6) feet in height; and
10
c.
A setback of five (5) feet shall be provided on all side and rear property lines; and
11
d.
A setback of thirty-five (35) feet from the road centerline or five (5) feet from the edge
12
of the right-of-way existing at the effective date of the ordinance of any public or
13
private road shall be provided, whichever is greater; and
14
e.
The operational area existing on February 16, 1998, shall not be expanded, except in
15
conformance with the provisions of this chapter. Storage of motor vehicles or motor
16
vehicle parts is not allowed in the setback; and
17
f.
Junked motor vehicles shall not be stacked higher than the required screening.
18
(Ord. of 1-19-98,
§ XI; Amend. of 3-7-05)
19 Sec. 21-248. Removal of junked or abandoned vehicles.
20 The county may require the removal of junked or abandoned motor vehicles from public
21 grounds, including but not limited to public or private road rights -of -way or private property upon
22 a finding that such removal is necessary and desirable to promote or enhance community,
23 neighborhood, or area appearance or to abate public health or safety nuisances.
24 (Ord. of 1-19-98, § XI)
25 Sec. 21-249. Order to remove, disposal by county.
26 Removal and disposal of vehicles as provided by this article shall be in accordance with G.S.
27 Ch. 20, Art. 7A, as amended.
28 (Ord. of 1-19-98, § XI)
29 Secs. 21-250--21-270. Reserved.
30 ARTICLE XI. GENERAL DEVELOPMENT STANDARDS, EXCEPTIONS AND
31 MODIFICATIONS
32 Sec. 21-271. Generally.
33 (a) The types of development approval governed by this article include uses permitted as of
34 right, uses permitted with special requirements, and conditional uses.
35 (b) Uses permitted as of right and uses permitted with special requirements shall require a
36 zoning permit, a building permit and a certificate of occupancy.
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1 (c) In addition to the requirements listed in subsection (b) above, special uses and conditional
2 uses shall require approval as described in article III.
3 (d) Variances from these regulations, appeals of administrative decisions rendered under this
4 chapter, shall be governed by article XIII.
5 (e) Amendments to the text of this chapter and to the zoning maps, including the reclassification
6 of property to a conditional zoning district shall be governed by article XIV.
7
8 (Ord. of 1-19-98, § XII; Amend. of 9-6-16)
9 Sec. 21-272. Issuance of building permits.
10 It is illegal for any person to begin construction, reconstruction, or to make any structural
11 repairs, alterations, or additions to any structure without obtaining required building permits from
12 the Building Inspections Department. The Director of Building Inspections will not issue a building
13 permit for structures located within the zoning jurisdiction of the county unless the plans,
14 specifications, and intended use of the structure conforms to the requirements of these
15 regulations. The application for a building permit shall be accompanied by a zoning permit or
16 other evidence of compliance with this chapter.
17 (Ord. of 1-19-98, § XII; Amend. of 10-4-10; Amend. of 9-6-16)
18 Sec. 21-273. Type and number of uses permitted in all zones.
19 The number of uses per zone lot shall be governed as follows:
20 (1) Multiple uses per zone lot. In all districts, combination uses may be placed on the same
21 zone lots, however, the applicable requirements of subsections (2) and (3) below must be
22 met. This includes subsequent permitted development on property that may have
23 received approval of a conditional use permit, not including conditional districts, unless
24 otherwise indicated.
25 (2) Secondary dwelling units. Detached secondary units excluding two or more manufactured
26 homes are permitted provided the entire zone lot contains adequate area to meet the
27 zone lot size requirements for each dwelling and all other requirements of this section are
28 met.
29 (3) Subdivision requirements. Issuance of a zoning permit for multiple single-family dwellings
30 or duplexes in a zoning district where multifamily development is not a permitted use on
31 an individual lot shall meet the minimum requirements of a minor subdivision to allow the
32 parcel to be subdivided into conforming individual lots for each dwelling, while not
33 requiring an approved and recorded subdivision plat.
34 (Ord. of 1-19-98, § XII; Ord. of 10-18-99(2); Amend. of 3-7-05; Amend. of 10-4-10; Amend. of 3-
35 5-12; Amend. of 3-5-12; Amend. of 4-21-14; Amend. of 9-6-16)
36 Sec. 21-274. Visibility at intersections.
37 Nothing may be erected, placed, planted or allowed to grow in such a manner as to materially
38 impede vision at intersections. The area required to be kept free is known as the sight -distance
39 triangle. The sight -distance triangle must be kept free between a height of two and one-half (2
40 1/2) and ten (10) feet above the centerline grades of the intersecting streets. All roads proposed
41 to be publicly maintained shall comply with applicable NCDOT regulations.
42 (Ord. of 1-19-98, § XII)
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I Sec.21-275. Antennae.
2 Antennae for private, non-commercial use are subject to the same placement requirements
3 as accessory uses within each zoning district as provided by this chapter. However, when
4 placement based on accessory setback requirements precludes development of a viable
5 reception window, the zoning administrator may authorize placement otherwise if warranted by
6 significantly improved reception.
7 Antennae and their associated supporting towers subject to the placement criteria in this
8 section only, include: radio and television reception, private citizen's bands, amateur (HAM) radio
9 and any others determined as similar by the Zoning Administrator on a case -by -case basis.
10
11 (Ord. of 1-19-98, § XI 1; Amend. of 12-2-13)
12 Sec. 21-276. Skirting of manufactured homes.
13 (a) Generally. All manufactured housing for which building permits are obtained after the
14 effective date of this chapter shall be skirted. Manufactured homes requiring brick or finished
15 masonry skirting as provided in subsection (c) below, issued building permits within one (1)
16 year of the effective date of this chapter, shall complete the required masonry skirting within
17 ninety (90) days of issuance of the certificate of occupancy by the building inspections
18 department. Manufactured homes requiring brick or finished masonry underpinning, issued a
19 building permit more than one (1) year after the effective date of this chapter shall complete
20 the required underpinning prior to issuance of a certificate of occupancy. All skirting required
21 by subsection (b) below shall be completed prior to issuance of a certificate of occupancy.
22 (b) Skirting of manufactured homes in the MHP district or a family manufactured home park.
23 (1) Skirting shall be of material acceptable for exterior construction that will not support
24 combustion.
25 (2) Skirting material shall be durable and suitable for exterior exposures.
26 (3) Any wood framing used to support this skirting shall be approved moisture resistant
27 treated wood.
28 (4) Skirting shall be continuous and unpierced except for ventilation.
29 (5) Skirting manufactured specifically for underpinning shall be installed in accordance with
30 the manufacturer's specifications.
31 (6) Notwithstanding other provisions of this section, manufactured homes in a MHP district
32 may install masonry skirting as provided in this section.
33 (c) Skirting of manufactured homes outside the MHP district or a family manufactured home
34 park.
35 (1) Skirting shall consist of brick or finished masonry.
36 (2) Skirting shall be continuous and unpierced except for ventilation.
37 (3) Regular unfinished block may not be used for required skirting. However, split -face block
38 may be used.
39 (Ord. of 1-19-98, § XI 1; Ord. of 4-20-98; Amend. of 4-21-14)
40 Sec. 21-277. Exceptions and modifications.
41 (a) Minor structures and improvements. Except where otherwise expressly addressed, the
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1 following minor, accessory structures and improvements on individual lots or parcels are not
2 intended to be regulated by this chapter:
3 (1) Flagpoles and mailboxes;
4 (2) Landscaping features such as fences, trees and shrubs, terraces, gazebos, and similar
5 items;
6 (3) Piers, wharves, and bulkheads;
7 (4) Recreational improvements such as swing sets and playgrounds;
8 (5) Wells and pumphouses.
9 (b) Utilities. Except where otherwise expressly addressed, the following utility structures and
10 facilities are not intended to be regulated by this chapter:
11 (1) Utility lines, pipes, cables, & associated minor equipment & structures, including
12 transformers, pumping stations, "signal boosters", & maintenance buildings;
13 (2) Electronics cabinets for telephone switching and similar devises used by public service
14 providers;
15 (3) Water towers or tanks;
16 (4) Water systems or sewage disposal systems as an exclusive accessory use for a
17 development project; and
18 (5) Solar energy systems located on the roof or exterior wall of any building and systems
19 located within a NCDOT right-of-way are not intended to be regulated herein unless
20 located within the portion of the approach surface contained by the horizontal surface of
21 the AZO and exceed 6,000 sq.ft. solar collector area. Systems that meet these
22 standards must provide an approved FAA form 7460-1 prior to receiving a zoning
23 permit.
24 (c) Exceptions to front setback requirements for dwellings. Setback requirements for dwellings
25 may be modified when the setbacks of contiguous existing buildings are less than required.
26 These decreased setbacks are determined by computing the average setback on adjacent
27 lots one hundred (100) feet on either side of the lot of the proposed dwelling. The modified
28 setback may be equivalent to the average setback or ten (10) feet from the rights -of -way line,
29 whichever is greater.
30 (d) Antennae for private or public safety use. Antennae for private use or for use by "police
31 protection" or "fire protection" are exempt from the requirements contained in Sections 21-56
32 (6)(d)(e) and (f). Private, non-commercial antennae exempted under this provision include:
33 residential radio and television, private citizen's bands, amateur (HAM) radio and any others
34 determined as similar by the Zoning Administrator on a case -by -case basis.
35
36 (Ord. of 1-19-98, § XI 1; Ord. of 2-1-99(1); Amend. of 3-4-13; Amend. of 12-2-13; Amend. of 9-6-
37 16)
38 Sec. 21-278. Skirting in existing manufactured home parks.
39 All manufactured homes in manufactured home parks shall be skirted as provided in
40 subsection 21-276(b) of this article within two (2) years of February 16, 1998.
41
42 (Ord. of 1-19-98, § XI 1)
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I Sec. 21-279. Exceptions for certain turkey shoots.
2 Turkey shoots operated by churches, civic group or similar nonprofit organizations are
3 exempt from the conditional use requirements of this chapter for shooting ranges, skeet ranges,
4 trapshooting facilities and similar establishments including turkey shoots in article III and in
5 section 21-113, Table of uses.
6
7 (Ord. of 1-19-98, § XI 1)
8 Sec. 21-280. Construction trailers.
9 Construction trailers may be used in conjunction with construction projects provided:
10 (1) The trailers are located on a building site where there is a valid building permit for a
11 project on that site.
12 (2) The trailer remains on the site for the duration of the building project.
13
14 (Ord. of 1-19-98, § XI 1)
15 Sec. 21-281. Temporary uses.
16 Temporary uses are allowed subject to the following requirements:
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
(1) Certain uses of a temporary nature, defined as being less than forty-five (45) days in
duration and held no more than five (5) times a year, including, otherwise not permitted in
a particular district:
a. Christmas tree sales;
b. Religious activities;
c. Activities by civic organizations;
d. Yard sales;
e. Other similar uses.
(2) Other temporary uses not listed may be granted by the board of commissioners. In
considering approval of a temporary use the board may attach reasonable and
appropriate conditions to ensure that the public health, safety and welfare are protected.
The approval of a temporary use shall be in accordance with the following:
a. The proposed use will not endanger the public health, safety and welfare;
b. The proposed use will not have a substantial negative impact on the adjoining
properties;
c. The use will be approved for a specific period of time, not to exceed two (2) years
unless deemed necessary by the Board of Commissioners in accordance with Sec.
21-11. Extension of the temporary use beyond the approved time shall require
approval of the board of commissioners in the same manner as the original.
(3) Type I, II, and III manufactured homes with skirting as provided by section 21-276 may be
approved for certain temporary use by the zoning administrator, contingent on a
documented need. Temporary uses may be approved for:
a. A temporary residence during construction of a dwelling. Documentation shall be
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1 provided that the construction of the dwelling will commence and be completed within
2 a reasonable time. In no situation shall this temporary use be granted for more than
3 twenty-four (24) months.
4 b. As a temporary residence for a medical hardship. This use shall be allowed for the
5 duration of the medical hardship.
6 When the situation resulting in the temporary use no longer is needed, or the time period
7 allowed expires, the subject manufactured home shall be removed or made a conforming
8 use.
9 (4) Temporary family health care structures, as defined by this ordinance, may be permitted
10 as an accessory use in accordance with section 21-113 subject to the following
11 standards:
12
a.
The structure must be used by a caregiver or a named legal guardian in providing
13
care for a mentally or physically impaired person on property containing the caregiver
14
or legal guardian's residence or on property owned by the caregiver;
15
b.
Subject to principal structure setbacks listed in section 21-84;
16
c.
Only one temporary family health care structure shall be allowed on a lot or parcel of
17
land and may not contain a permanent foundation;
18
d.
Application for a temporary family health care structure must include a doctor's
19
certification identifying the mentally or physically impaired person's need.
20
Subsequent annual certifications are necessary to maintain the structure's status as a
21
qualified temporary family health care structure; and
22
e.
The temporary health care structure shall be removed within sixty (60) days of the
23
mentally or physically impaired person no longer receiving or is no longer in need of
24
the assistance provided for in this section.
25
(Ord. of 1-19-98,
§ XII; Ord. of 2-1-99(1); Amend. of 3-7-05; Amend. of 9-6-11; Amend. of 4-21-
26
14; Amend.
of 9-6-16)
27 Sec. 21-282. Reserved.
28 Editor's note: Section 21-282 was automatically repealed 18 months from April 20, 1998. Said section
29 has been deleted at the direction of the county.
30 Sec. 21-283. Maintenance of manufactured home parks.
31 Manufactured home park districts, as defined by this chapter, shall be maintained in a neat
32 and orderly manner. This shall include but not be limited to maintenance of adequate roads and
33 drainageways, yards, trees and shrubs. Specific standards are as provided below.
34 Manufactured home parks shall comply with the following criteria. Separate standards are
35 established for manufactured home parks registered under the county manufactured home park
36 ordinance as existing or otherwise zoned MHP in the initial adoption of county -wide zoning,
37 manufactured home parks created or expanded under the county manufactured home park
38 ordinance between December 15, 1989, and February 15, 1998, and manufactured home parks
39 created or expansions of manufactured home parks as provided in this chapter. The following
40 subsections prescribe manufactured home park standards for which compliance is required and
41 the time allowed to come into compliance with a specific requirement. Time allowed to come into
42 compliance with specific items varies and is provided with each requirement. A park will be in
43 violation of this chapter if the individual specifications are not met within the required time. In
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1 addition to enforcement procedures provided otherwise in this chapter, zoning permits will not be
2 issued for manufactured home parks in violation of this section. All manufactured home parks will
3 be inspected biannually to determine compliance with these standards.
4 (1) Manufactured home parks existing prior to the adoption of the county manufactured park
5 ordinance adopted on December 15, 1989, or which were otherwise zoned as
6 manufactured home parks are subject to the following standards:
7 a. Internal streets. Internal streets must maintained in good condition either hard
8 surfaced or graveled. Repairs are required to be of the same material as the existing
9 internal street. If the street is gravel then all repairs shall be a minimum of six (6)
10 inches of compacted gravel. If the street is paved the repair shall be a minimum of
11 four (4) inches of compacted stone as base and paved. (Compliance required within
12 one (1) year.) Roads shall be free of potholes, rough surfaces and ponding of water.
13 (Compliance required within six (6) months.)
14 b. Parking. Each manufactured home space shall have a minimum four hundred (400)
15 square feet of graveled or paved parking. On -street parking is allowed. (Compliance
16 required within six (6) months.)
17 c. Grounds. Grounds shall be kept free of obnoxious weeds, trash litter or debris. This
18 shall include but not be limited to appliances and furniture not designed for outdoor
19 use. (Compliance required within six (6) months.)
20 d. Drainage. Property is required to have adequate drainage facilities which will keep
21 their premises free from standing water and permit the natural flow of water across
22 and off the site. Internal streets are to be equipped with adequate drainage.
23 (Compliance required within one (1) year.)
24 e. Trash disposal. The owner of the park shall provide one (1) of the following methods:
25 1. Provision of centralized trash dumpsters; or
26 2. Provision of individual covered trash containers, picked up at least once a week.
27 (Compliance required within six (6) months.)
28 f. Street signs and addressing. Park name and address sign shall be provided at the
29 main entrance, which shall be clearly visible from the publicly maintained road. All
30 numbering shall comply with the county addressing ordinance. (Compliance required
31 within six (6) months.)
32 (2) Manufactured home parks created or expansions of manufactured home parks approved
33 as provided by the county manufactured park ordinance between December 15, 1989,
34 and February 15, 1998, are subject to the following standards:
35 a. Internal streets. Internal streets shall be kept free of potholes, rough surfaces and
36 ponding of water and are required to be maintained to one (1) of the following
37 standards:
38 1. The internal street must be an eighteen -foot wide gravel road with six-inch base;
39 or
40 2. Sixteen -foot wide paved road, four -inch base.
41 (Compliance required within thirty (30) days.)
42 b. Grounds. Grounds shall be kept free of obnoxious weeds, trash litter or debris. This
43 shall include but not be limited to appliances and furniture not designed for outdoor
44 use. (Compliance required within thirty (30) days.)
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1
c.
Drainage. Property is required to have adequate drainage facilities which will keep
2
their premises free from standing water and permit the natural flow of water across
3
and off the site. Internal streets are to be equipped with adequate drainage.
4
(Compliance required within thirty (30) days.)
5
d.
Trash disposal. The owner of the park shall provide one (1) of the following methods:
6
1. Provision of centralized trash dumpsters; or
7
2. Provision of individual covered trash containers, picked up at least once a week.
8
(Compliance required within thirty (30) days.)
9
e.
Park identification sign. A park identification sign is required. (Compliance required
10
within thirty (30) days.)
11
f.
Street signs and addressing. Park name and address sign shall be provided at the
12
main entrance, which shall be clearly visible from the publicly maintained road. All
13
numbering shall comply with the county addressing ordinance. (Compliance required
14
within thirty (30) days.)
15
g.
Screening. Required adjacent to all developed properties. For the purposes of this
16
subsection, a developed property is one with at least one (1) principal structure
17
located within three hundred (300) feet of the manufactured home park property line
18
used for a residential, commercial, governmental, institutional, or industrial purpose.
19
The required buffer is fifteen (15) feet wide, evergreen shrubs five (5) feet apart and
20
six (6) feet high or equivalent as approved by the zoning administrator. (Compliance
21
required within thirty (30) days.)
22
(3) Manufactured home parks created or expansions of manufactured home parks approved
23
as
provided by the county zoning ordinance are subject to the following standards:
24
a.
Maintenance of facility. The manufactured home park or expansion approved as
25
provided by this chapter shall maintain the development to the standards required as
26
a condition of approval of the development. (Compliance required within thirty (30)
27
days.)
28
b.
Grounds. Grounds shall be kept free of obnoxious weeds, trash litter or debris. This
29
shall include but not be limited to appliances and furniture not designed for outdoor
30
use. (Compliance required within thirty (30) days.)
31
c.
Drainage. Property is required to have adequate drainage facilities which will keep
32
their premises free from standing water and permit the natural flow of water across
33
and off the site. Internal streets are to be equipped with adequate drainage.
34
(Compliance required within thirty (30) days.)
35 (Ord. of 2-1-99(1); Ord. of 8-20-01)
36 Sec. 21-284. Location of manufactured homes not provided in the table of uses.
37 This section provides specific exceptions for location of manufactured homes not otherwise
38 provided by this chapter.
39 (1) Placement of manufactured homes on existing lots. Notwithstanding other provisions of
40 this chapter, including standards contained in the "table of uses", Type II and Type III
41 manufactured homes may be placed on lots of record or in a subdivision for which the
42 planning department has received a complete preliminary plat or final plat application as
43 provided by the county subdivision ordinance, existing prior to June 8, 1999. All
44 applicable requirements, such as skirting requirements, setbacks, etc of the underlying
45 district and as provided otherwise shall apply. The types of manufactured homes allowed
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1 in each district as provided by this section are as follows:
2 a. RA District: Type II and Type III.
3 b. RR District: Type II.
4 c. CBI District: Type II and Type III.
5 d. MFR District: Type II and Type III.
6 (2) Placement of manufactured homes in family manufactured home parks. Location of
7 manufactured homes is allowed in family manufactured home parks as provided below:
8 a. The proposed park is located on a lot or lots of record existing prior to June 8, 1999.
9 b. The proposed park meets the requirements of section 21-56.
10 c. The manufactured home type is in compliance with subsection (1) above.
11 (3) Placement of manufactured homes in family subdivisions. Location of manufactured
12 homes is allowed in family subdivisions as provided below:
13 a. The family subdivision is defined and approved as provided in the county subdivision
14 ordinance.
15 b. The intent of the family subdivision is for occupancy and/or purchase of the lots by
16 members of the immediate family and not for the sale, rental or occupancy of the lots
17 by persons not members of the immediate family of the property owner.
18 c. The manufactured home type is in compliance with subsection a. above.
19 (4) Temporary uses. Location of manufactured homes is allowed for temporary uses as
20 provided by this chapter.
21
22 (Ord. of 6-7-99; Amend. of 4-21-14)
23 Sec. 21-285. Accessory structures.
24 Accessory structures in the RA, RR, RS, MHP and MFR zoning districts shall conform to the
25 following regulations, unless otherwise provided in this chapter:
26 (1) Accessory structure footprints shall not exceed ten (10) percent of the size of the lot on
27 which it is located.
28 (2) Setbacks shall be based on building size as provided in the following table:
29
30
Building Square Setback, Side and Rear Yards
31
Footage
0-4,000 10 feet
32
4,001-8,000 40 feet
33
8,001 and over 80 feet
34 (3) Accessory structures shall not be allowed in the required front setback.
35 (4) These regulations shall not apply to fences, mailboxes, landscaping features, gazebos
36 and similar structures.
37 (Ord. of 3-18-02(4); Amend. of 3-5-12)
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1 Secs. 21-286--21-310. Reserved.
2 ARTICLE XII. ADMINISTRATION AND HEARING REQUIREMENTS
3 Sec. 21-311. Board of commissioners.
4 The board of commissioners shall have the following powers and duties to be carried out with
5 this chapter which include, but are not limited to, the following:
6 (1) Conducting hearings on certain conditional use permits as provided by this chapter;
7 (2) Authorizing and approving land use plans which guide the implementation and
8 modification of this chapter;
9 (3) Initiating and making amendments to the text of these regulations and to zoning maps;
10 (4) Hearing, reviewing and adopting or rejecting amendments to the text of these regulations
11 and to zoning maps;
12 (5) Appointing planning board and zoning board of adjustment members;
13 (6) Establish rules and procedures for the enforcement and administration of this chapter;
14 (7) Taking such other action not delegated to the planning board or zoning board of
15 adjustment as the board of commissioners may deem desirable and necessary to
16 implement the provisions of these regulations.
17 (Ord. of 1-19-98, § XIII)
18 Sec. 21-312. Planning board.
19 The planning board is an appointed, advisory body making recommendations to the board of
20 commissioners as generally authorized by G.S. Ch. 153A, Art. 18. Powers and duties are as
21 provided by the board of commissioners.
22 (Ord. of 1-19-98, § XIII)
23 Sec. 21-313. Zoning board of adjustment (ZBA).
24 (a) Authority. As an appointed, quasijudicial body, the ZBA hears and decides appeals and
25 variance requests as authorized by G.S. 153A-345 and zoning map interpretations
26 subject to section 21-334.
27 (b) Duties and responsibilities. The ZBA shall carry out duties expressly provided in article
28 XIII or as directed by the board of commissioners.
29 (c) Composition. The board of commissioners shall appoint members to the ZBA as provided
30 by G.S. 153A-345.
31 (d) Meetings and procedure. The ZBA shall adopt rules of procedure for the transaction of
32 official business. All meetings shall be open to the public. The ZBA shall keep a written
33 public record of member attendance, findings and decisions.
34 (Ord. of 1-19-98, § XIII; Amend. of 4-21-14)
35 Sec. 21-314. Planning department.
36 (a) Duties and responsibilities. The planning department serves as the lead agency for the
37 overall administration of this article and serves as the primary professional staff of the
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1 planning and zoning board and board of adjustment.
2 (1) Planning director. The planning director performs the following duties:
3 a. Supervises the various activities of the department;
4 b. Develops and maintains the comprehensive plan, area plans, other specialized plans,
5 policies, regulations for plan implementation;
6 c. Serve as zoning administrator for the county and is hereby charged with the authority
7 and duty to enforce this chapter. In this capacity the zoning administrator shall include
8 staff authorized by the planning director to perform any function of this position.
9 d. Provides recommendations to the planning board, zoning board of adjustment, board
10 of county commissioners, and county manager;
11 e. Provides administrative assistance to special boards, committees, and
12 commissioners;
13 f. Acts as executive secretary to the planning board;
14 g. Performs other functions as may be necessary to effectively administer the county's
15 overall planning program; and
16 h. Maintains cumulative records for each watershed area eligible for SNIA development
17 and detailed files for those projects approved as an SNIA outlining the location, acres,
18 site plan and type of land use.
19 i. Maintains inspection records for each stormwater control structure permitted
20 under Section 21-33(2)(f) of this Chapter
21 (2) Zoning administrator. The zoning administrator shall be responsible for the following
22 duties:
23 a. Administers and makes necessary interpretations of the zoning requirements;
24 b. Acts as executive secretary to the zoning board of adjustment;
25 c. Coordinates permitting procedures;
26 d. Determines compliance and investigates suspected violations; and
27 e. Performs other necessary functions to effectively administer this article.
28 (Ord. of 1-19-98, § XIII; Ord. of 4-20-98; Ord. of 5-21-01(2); Ord. of 10-18-04; Amend. of 11-2-09;
29 Amend. of 4-21-14)
30 Sec. 21-315. Hearing procedures for zoning map and text amendments, High
31 Density and conditional use permits, variances, appeals, and interpretations.
32 (1) Public notice. The following notice requirements shall apply to public, courtesy, and
33 quasi-judicial hearings required by this chapter as indicated below except as provided in
34 section 21-316 and otherwise indicated herein:
35 a. Newspaper. In accordance with G.S. 153A-323, zoning map and text amendments
36 shall be advertised in a newspaper of general circulation in the county once a week
37 for two (2) consecutive calendar weeks, with the first advertisement appearing at least
38 ten (10) days but not more than twenty-five (25) days prior to the public hearing date.
39 In computing this advertising period, the date of publication shall not be included, but
40 the day of the hearing shall be included.
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1 b. Mailed notice. In addition to the newspaper notice required above, the administrator
2 shall provide mailed notice to the owner(s), applicant, of the subject property(s) and
3 all property owners within one hundred (100) feet of the parcel(s) subject to the
4 proposed action for the above referenced requests except only mailed notice to the
5 applicant of a text amendment. The notice must be deposited in the mail at least ten
6 (10) days but not more than twenty-five (25) days prior to the hearing date. If, in the
7 discretion of the administrator, the potential impact of the proposed action or the
8 configuration of land parcels in the area warrants notification of additional property
9 owners beyond this distance, such notice shall be provided.
10 c. Signs on property. In addition to the newspaper and mailed notice requirements,
11 signs notifying the public of a scheduled hearing shall be posted at least ten (10) days
12 but not more than twenty-five (25) days prior to the hearing for the above referenced
13 requests, except for text amendments and large scale rezoning as provided in section
14 21-316. The signs shall be prominently placed on or immediately adjacent to the
15 subject property. When multiple contiguous parcels are included within a request, a
16 posting on each individual parcel is not required, but the county shall post sufficient
17 notices to provide reasonable notice to interested persons.
18 (2) Conflict of interest.
19 a. Zoning map and text amendments. A member of the board of commissioners shall not
20 vote on any zoning map or text amendment where the outcome of the matter being
21 considered is reasonably likely to have a direct, substantial and readily identifiable
22 financial impact on the member. Members of appointed boards providing advice to the
23 board of commissioners shall not vote on recommendations regarding any zoning
24 map or text amendment where the outcome of the matter being considered is
25 reasonably likely to have a direct, substantial and readily identifiable financial impact
26 on the member.
27 b. Quasi-judicial. A member of the board of adjustment or any other body exercising
28 quasi-judicial functions shall not participate in or vote on any quasi-judicial matter in a
29 manner that would violate affected persons' constitutional rights to an impartial
30 decision maker. Impermissible violations of due process include, but are not limited
31 to, a member having a fixed opinion prior to hearing the matter that is not susceptible
32 to change, undisclosed ex parte communications, a close familial, business, or other
33 associational relationship with an affected person, or a financial interest in the
34 outcome of the matter. If an objection is raised to a member's participation and that
35 member does not recuse himself or herself, the remaining members shall by majority
36 vote rule on the objection.
37 Vacant positions on the board of commissioners and members who are disqualified
38 from voting on a quasi-judicial matter shall not be considered members of the board
39 for calculation of the requisite majority. The same is required of the board of
40 adjustment hearings but only if there are no qualified alternates available to take the
41 place of such members.
42 (3) Conduct of hearing. Quasi-judicial, public, and courtesy hearings shall be conducted in
43 the following manner unless modified by the chairman of the respective board:
44 a. Staff report;
45 b. Applicant or petitioner comments;
46 c. Public hearing opened;
47 d. Public comment;
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I e. Public hearing closed; and
2 f. Action.
3 (4) Oath for quasi-judicial hearings. The chairman, any member acting as chairman, or clerk
4 to the board is authorized to administer oaths to witnesses in any matter before the
5 board. Any person who, while under oath during a proceeding before the Board of
6 Commissioners or ZBA, willingly swears falsely is guilty of a Class I misdemeanor.
7 (5) Subpoenas for quasi-judicial hearings. The Board of Commissioners and the ZBA through
8 the chairman or anyone acting as chairman, may subpoena witnesses and compel the
9 production of evidence. To request issuance of a subpoena, persons with standing under
10 G.S. 160A-393(d) may make a written request to the chairman explaining why it is
11 necessary for certain witnesses or evidence to be compelled. The chairman shall issue
12 requested subpoenas he or she determines to be relevant, reasonable in nature and
13 scope, and not oppressive. The chairman shall rule on any motion to quash or modify a
14 subpoena. Decisions regarding subpoenas made by the chairman may be appealed to
15 the full board. If a person fails or refuses to obey a subpoena issued pursuant to this
16 subsection, the board or party seeking the subpoena may apply to Superior Court for an
17 order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue
18 these orders after notice to all proper parties.
19 (6) Action. Once a public / courtesy hearing is closed, the appropriate decision -making body
20 shall take some form of action during the same meeting. Such action may include
21 continuing the hearing to a later meeting. In cases where the planning board is authorized
22 to make a recommendation, the board shall follow action procedures of Article XIV.
23 In quasi-judicial decisions, the board shall determine contested facts and make its
24 decision within a reasonable time. Every quasi-judicial decision shall be based upon
25 competent, material, and substantial evidence in the record. Each quasi-judicial decision
26 shall be reduced to writing and reflect the board's determination of contested facts and
27 their application to the applicable standards. The written decision shall be signed by the
28 chair or other duly authorized member of the board and is effective upon filing with the
29 clerk to the Board of Commissioners.
30
31 (7) Vote. A majority vote, excluding vacant seats and disqualified members as indicated in
32 subsection (2), shall be sufficient for the purpose of taking any official action except that
33 variance requests require a four -fifths (4/5) vote of its members, excluding vacant seats
34 and disqualified members indicated in subsection 21-315(2). Quasi-judicial decisions
35 shall be delivered by personal delivery, electronic mail, or by first-class mail to the
36 applicant, property owner, and to any person who has submitted a written request for a
37 copy, prior to the date the decision becomes effective. The person required to provide
38 notice shall certify that proper notice has been made.
39
40 Each decision is subject to review by the superior court by proceedings in the nature of
41 certiorari consistent with G.S. 160A-393. Any petition for review by superior court shall
42 be filed within the clerk of superior court by the latter of thirty (30) days after the decision
43 of the Board of Commissioners or ZBA is effective or after a written copy thereof is given.
44 When first class mail is used to deliver notice, three (3) days shall be added to the time to
45 file the petition.
46 (8) Omissions. The unintentional failure to give written notice or the unintentional omission of
47 the name of a property owner shall not invalidate the action of the planning board or
48 board of commissioners.
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1 (Ord. of 1-19-98, §XIII; Amend. of 2-20-06(1); Amend. of 11-2-09; Amend. of 10-4-10; Amend. of
2 3-5-12; Amend. of 4-21-14)
3 Sec. 21-316. Exceptions for mailed notice requirements for large-scale rezoning.
4 The first class mailed notice required in section 21-315 shall not be required if the zoning
5 map amendment directly affects more than fifty (50) properties owned by a total of at least fifty
6 (50) landowners, and the county elects to use the expanded published notice provided in this
7 section. In this instance the county may, as an alternative to the mailed notice requirements elect
8 to publish once a week for two (2) successive calendar weeks in a newspaper having general
9 circulation in the area, an advertisement of the public hearing that shows the boundaries of the
10 area affected by the proposed zoning map amendment. The advertisement shall also explain the
11 nature of the proposed change. The advertisements shall meet the requirements of subsection
12 21-315(1)a. The advertisement shall be no less than one-half (1/2) a newspaper page in size. In
13 addition to this requirement, affected property owners living outside the area of general
14 circulation of the newspaper used shall be mailed a notice as provided in subsection 21-315(1)b.
15 of this article.
16 (Ord. of 1-19-98, § XIII; Amend. of 2-20-06(1))
17 Sec. 21-317. High Density development permit application.
18 (1) A High Density Development Permit shall be required for new development
19 exceeding the requirements of the low density standards of Section 21-33(2)(d) and
20 subject to the review standards of this section.
21 (2) An application for a High Density Development Permit shall be made on the proper
22 form and submitted to the Planning Department with the following information:
23 a. A completed High Density Development Permit Application signed by the
24 owner of the property. The signature of the consulting engineer or other
25 agent will be accepted on the application only if accompanied by a letter of
26 authorization;
27 b. Two (2) reproducible copies of the development plan within the drainage
28 basin, detailed information concerning built -upon area and specifications of
29 the stormwater control structure consistent with section 22-109b of the
30 Rowan County Subdivision Ordinance;
31 c. When required by law, written verification that a soil erosion and
32 sedimentation control plan has been approved by the appropriate state or
33 local agency;
34 (3) First consideration of a High Density permit application shall occur at the next
35 regularly scheduled meeting of the Board of Commissioners following the Planning
36 Department's review of the complete application submittal. The Board shall take
37 action on the application at its first consideration or within thirty (30) days of its
38 first consideration. At its discretion, the Board of Commissioners shall either
39 approve or disapprove each application for a High Density Development Permit.
40 a. If the Board approves the application, such approval shall be indicated on
41 the permit and both copies of the site plan and both copies of the plans and
42 specifications of the stormwater control structure.
43 1. In addition to any other requirements provided by this Ordinance, the
44 Board may designate additional permit conditions and requirements to
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assure the use will be harmonious with the area in which it is proposed
to be located and with the spirit of this Ordinance.
2. 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.
3. 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.
b. If approved by the Board, a High Density Development Permit shall be
issued after the applicant posts a performance bond or other acceptable
security as required in Section 22-57(c) of the Rowan County Subdivision
Ordinance and executes an Operation and Maintenance Agreement as
required in Section 22-109(b) of the same. A copy of the permit and one
copy of each set of plans shall be kept on file at the Rowan County Planning
Department. 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.
c. If the Board disapproves the application, the reasons for such action shall
be stated in the minutes of the Board and presented to the applicant in
writing either by personal service or registered mail, return receipt
requested. The applicant may make changes and submit a revised plan
which shall be submitted, reviewed, and acted upon by the Board pursuant
to the procedures of this section.
Secs. 21-34-7-318--21-330. Reserved.
24 ARTICLE XIII. APPEALS, VARIANCES AND INTERPRETATIONS
25 Sec. 21-331. Appeals.
26 Appeals of orders or decisions of the zoning administrator shall be conducted as follows:
27 (1) Notice of appeal. Any person who has standing under G.S. 160A-393 (d) or the county
28 may appeal any order or decision of any administrator of this chapter to the zoning board
29 of adjustment (ZBA). An appeal is initiated by filing a written notice of appeal with the
30 clerk to the Board of Commissioners, which specifies the grounds for the appeal. The
31 clerk shall note the date and time of receipt of the appeal.
32 (2) Time to appeal. The property owner or his authorized agent shall have thirty (30) days
33 from receipt of the written notice to file an appeal. Any other person with standing to
34 appeal shall have thirty (30) days from receipt from any source of actual or constructive
35 notice of the decision to file an appeal. It shall be conclusively presumed that all persons
36 with standing to appeal have constructive notice of the decision from the date a sign
37 containing the words "Zoning Decision" or "Subdivision Decision" in letters at least six
38 inches high and identifying the means to contact an official for information about the
39 decision is prominently posted on the property that is the subject of the decision, provided
40 the sign remains on the property for at least ten (10) days. Posting of signs is not the
41 only form of constructive notice. Any such posting shall be the responsibility of the
42 landowner or applicant. Verification of the posting shall be provided to the official who
43 made the decision.
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1 (3) Stay of action. An appeal stays all actions by the administrator seeking enforcement of or
2 compliance with the order or decision, unless the administrator certifies to the ZBA that,
3 because of the facts surrounding the situation, a stay would cause imminent peril to life or
4 property or because the violation is transitory in nature, a stay would seriously interfere
5 with enforcement of the ordinance. In that case, proceedings shall not be stayed except
6 by a restraining order, which may be granted by a court. If enforcement proceedings are
7 not stayed, the appellant may file with the official a request for an expedited hearing of
8 the appeal, and the ZBA shall meet to hear the appeal within fifteen (15) days after such
9 a request is filed. The ZBA shall hear and decide all other appeals with a reasonable
10 time. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise
11 affirming that a proposed use of property is consistent with the ordinance shall not stay
12 the further review of an application for permits or permissions to use such property; in
13 these situations the appellant may request and the ZBA may grant a stay of a final
14 decision of permit applications or building permits affected by the issue being appealed.
15 (4) Procedures. The administrator who made the decision shall transmit to the ZBA all
16 documents and exhibits constituting the record upon which the action appealed from are
17 taken. The administrator shall also provide a copy of the record to the appellant and to
18 the owner of the property that is the subject of the appeal if the appellant is not the owner.
19 The administrator shall be present at the hearing as a witness. The appellant shall not be
20 limited at the hearing to matters stated in the notice of appeal. If any party or the county
21 would be unduly prejudiced by the presentation of matters not presented in the notice of
22 appeal, the ZBA shall continue the hearing.
23 When hearing an appeal pursuant to G.S. 160A-400.9(e) or any other appeal in the
24 nature of certiorari, the hearing shall be based on the standards of this ordinance and the
25 scope of review shall be as provided in G.S. 160A-393(k).
26 (5) ZBA action. ZBA decisions shall include a statement of the specific reasons or findings of
27 fact that support the motion consistent with section 21-315 (7).
28 (Ord. of 1-19-98, § XIV; Amend. of 4-21-14)
29 Sec. 21-332. Variances.
30 Requests for a variance from the requirements of this chapter shall be in accordance with the
31 following criteria:
32 (1) Application for variance. An application for a variance shall be submitted to the ZBA by
33 filing a copy of the application with the administrator in the planning department. Public
34 hearings for such applications shall be in conformance with the applicable provisions of
35 Article XI I.
36 (2) Variance criteria. A variance may be granted by the ZBA if it concludes that strict
37 enforcement of this chapter would result in unnecessary hardships for the applicant. The
38 ZBA, in granting a variance, shall ensure that the spirit of this chapter is maintained,
39 public welfare and safety ensured, and substantial justice done. The board may reach
40 these conclusions if it makes the following findings:
41 a. Unnecessary hardship would result from the strict application of the ordinance. It
42 shall not be necessary to demonstrate that, in the absence of the variance, no
43 reasonable use can be made of the property;
44 b. The hardship results from conditions that are peculiar to the property such as location,
45 size, or topography. Hardships resulting from personal circumstances and / or
46 conditions common to the neighborhood or general public may not be the basis for
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I granting a variance;
2 c. The hardship is not the result of the property owner or applicant's own actions. The
3 act of purchasing property with knowledge that circumstances exist that may justify
4 the granting of a variance shall not be regarded as a self-created hardship;
5 d. The requested variance is consistent with the spirit, purpose, and intent of the
6 ordinance, such that public safety is secured and substantial justice is achieved;
7 e. The variance will not result in a land use otherwise not permitted in the applicable
8 zoning district nor authorize the extension of a nonconforming situation in violation of
9 article VI, or other applicable provisions of this chapter; and
10 f. If applicable, the setback reduction is no more than fifty (50) percent of that required
11 and the resulting setback is no less than five (5) feet from any property line or right-of-
12 way.
13 (3) Approval. Prior to granting a variance, the ZBA must vote affirmatively on all of the
14 required findings listed in subsection (2). Each motion to make an affirmative finding
15 shall set forth the specific reasons or findings of fact supporting such motion.
16 (4) Denial. A motion to deny a variance request may be made on the basis that one (1) or
17 more of the criteria are not satisfied. Such a motion shall include a statement of the
18 specific reasons or findings of fact that support it. A reapplication for a denied variance
19 may not be made within one (1) year of the original decision, unless substantial changes
20 have occurred in the facts, evidence or conditions of the application, or property in
21 question.
22 (5) Conditions. In granting variances, the ZBA may impose appropriate conditions, including
23 a limitation on the duration of the variance, provided they are reasonably related to the
24 variance. All such conditions are enforceable as any other applicable requirement of this
25 article.
26 (Ord. of 1-19-98, § XIV; Amend. of 4-21-14)
27 Sec. 21-333. Recordation of variances and conditions.
28 The administrator shall keep a record of all variances from this chapter. The nature of the
29 variance and any supplemental conditions shall be entered on the face of any zoning permit, or
30 the zoning permit may note the issuance of the variance and refer to the written record of the
31 variance for further information. In the case of the Water Supply Watershed (WS) Overlay
32 provisions, this record shall be submitted to the supervisor of the classification and standards
33 group, water quality section, division of environmental management on an annual basis and shall
34 provide a description of each project receiving a variance and the reasons for granting the
35 variance.
36
37 (Ord. of 1-19-98, § XIV; Amend. of 4-21-14)
38 Sec.21-334. Interpretations.
39 Interpretations of the requirements of this chapter shall be in accordance with the following
40 criteria:
41 (1) Map and line interpretations. The ZBA is authorized to interpret the official zoning map(s)
42 and to determine disputed questions of district boundary lines and similar questions. If
43 such questions arise in the context of an appeal from a decision of the administrator, they
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1 shall be handled in accordance with section 21-331 of this article.
2 (2) Application. An application for an interpretation shall be submitted to the ZBA by filing a
3 copy of the application with the zoning administrator in the planning department. The
4 application shall contain sufficient information to allow the board to make the necessary
5 interpretation.
6 (3) Guidelines for interpretations. Where uncertainty exists as to the boundaries of zoning
7 districts as shown on official zoning maps, the following rules shall apply:
8 a. Those boundaries indicated as generally following the centerlines of streets,
9 highways, watercourses, or railroads shall be construed to follow such centerlines;
10 b. Boundaries indicated as approximately following parcel or lot lines, municipal limits, or
11 extraterritorial boundary lines shall be construed as following such lines, limits, or
12 boundaries;
13 c. Where a district boundary divides a lot or parcel, or where map distances are not
14 indicated, the boundary shall be determined by measurement, using the zoning map
15 scale; and
16 d. When a street or road is officially vacated or abandoned, the zoning designation of
17 each abutting parcel shall be extended to apply to that portion of such rights -of -way
18 added to adjoining land.
19
20 (Ord. of 1-19-98, § XIV; Amend. of 4-21-14)
21 Sec. 21-335. Variance from watershed overlay.
22 The administrator shall review all variance requests from the Water Supply Watershed (WS)
23 Overlay provisions to determine whether the request constitutes a minor or major variance. If
24 conditions warrant, the administrator or the board of commissioners may require that a minor
25 variance be reviewed as a major variance. In addition to the other provisions in this article,
26 variance requests from the watershed overlay provisions shall be reviewed as follows:
27 (1) Notice to affected governments. The administrator shall notify, in writing, and provide a
28 description of the variance request to each local government having jurisdiction in the
29 watershed and the entity using the watershed for consumption. Each local government
30 receiving notification shall have ten (10) working days to respond, in writing, to the
31 variance request. All responses shall become part of the record for the board of
32 commissioners proceedings for the particular variance request. A record of all variances
33 granted from the water supply watershed provisions shall also be submitted each
34 calendar year to the division of water quality on or before January 1 of the following
35 calendar year and shall provide a description of each project receiving a variance and the
36 reasons for granting the variance.
37 (2) Transmittal of response. The request, an accompanying staff recommendation, and
38 responses from any other local government within the affected watershed will be
39 forwarded to the board of commissioners for review & action, as stipulated in this article.
40 (3) Minor variance. The board of commissioners' decision is final.
41 (4) Major variance. Depending on the action by the board of adjustment, the following
42 provisions shall apply:
43 a. Denial. The board of adjustment's decision is final.
44 b. Approval. If the board of commissioners recommends approval, a record of the
45 variance request, meeting proceedings, and applicable conditions shall be forwarded
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1 to the state environmental management commission for final review and action. In
2 cases where the environmental management commission denies the request, the
3 decision is final and the administrator shall notify the applicant of the approval. In
4 cases where the commission adds conditions which may affect the design of a
5 development plan, the administrator shall forward the commission's decision to the
6 board of commissioners for further review and action.
7 (Ord. of 1-19-98, § XIV; Amend. of 4-21-14)
Sec. 21-336. Judicial review of ZBA decisions.
9 Each decision of the ZBA is subject to review by the superior court by proceedings in the nature
10 of certiorari. Any petition for review by superior court shall be filed within thirty (30) days after the
11 decision of the ZBA is filed with the clerk to the Board of Commissioners.
12 (Ord. of 2-1-99(1); Amend. of 3-5-12; Amend. of 4-21-14)
13 Secs. 21-337--21-360. Reserved.
14 ARTICLE XIV. TEXT AND MAP AMENDMENTS
15 Sec. 21-361. Text amendments.
16 (a) Generally. The board of county commissioners may amend the terms of this chapter in
17 accordance with this section. Proposals to amend, supplement, modify, or repeal the text
18 of this chapter may be initiated by the board of commissioners, the planning board, or any
19 person. If the review or approval of any state or federal agency is needed, appropriate
20 measures shall be taken to ensure that such agency has an opportunity to provide
21 comments on the proposed amendment prior to action by the board of county
22 commissioners.
23 (b) Planning board action. Any proposed text amendment shall be submitted to the planning
24 department at least fifteen (15) working days prior to the next regular meeting of the
25 planning board if to be considered at that time. The planning board may provide a
26 recommendation to the board of commissioners on all such requests within thirty (30)
27 days of first consideration unless the request is assigned to a planning board
28 subcommittee for further review. Failure of the planning board to transmit its
29 recommendation within thirty (30) days after first consideration of an amendment or a
30 referral by the board of county commissioners may allow the board of commissioners to
31 proceed in its consideration of the amendment without the planning board
32 recommendation.
33 The planning board shall advise and comment on whether the proposed amendment is
34 consistent with any comprehensive plan that has been adopted and any other officially
35 adopted plan that is applicable. The planning board shall provide a written
36 recommendation to the board of commissioners that addresses plan consistency and
37 other matters as deemed appropriate by the planning board, but a comment by the
38 planning board that a proposed amendment is inconsistent with the comprehensive plan
39 shall not preclude consideration or approval of the proposed amendment by the board of
40 commissioners.
41 (c) Board of commissioners action. The board of commissioners shall hold a public hearing
42 to consider any ordinance amendment and the planning board recommendation in
43 accordance with Article XII. Prior to adopting or rejecting any zoning amendment, the
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1 board of commissioners shall adopt a statement describing whether its action is
2 consistent with an adopted comprehensive plan and explaining why the board considers
3 the action taken to be reasonable and in the public interest. That statement is not subject
4 to judicial review.
5 (d) Record of amendments. All approved text amendments shall be recorded in the county
6 zoning ordinance. The administrator shall provide copies of all amendments to the Water
7 Supply Watershed (WS) Overlay provisions upon adoption to the division of water quality.
8 (Ord. of 1-19-98, § XV; Amend. of 2-20-06(1); Amend. of 11-2-09; Amend. of 3-5-12)
9 Sec. 21-362. Map amendments (rezoning).
10 (a) Generally. The board of county commissioners may amend the terms of this chapter in
11 accordance with this section. If the review or approval of any state or federal agency is
12 needed, appropriate measures shall be taken to ensure that such agency has an
13 opportunity to provide comments on the proposed amendment prior to action by the
14 board of county commissioners.
15 (b) Purpose and intent. It is the purpose of this section to set forth the procedures whereby
16 the board of commissioners may change the zoning district classification of land after
17 consideration of such factors as changing conditions in the area where the property is
18 located or changes in county plans or policies.
19 (c) Rezoning criteria. When deciding whether to adopt a proposed rezoning, the primary
20 issue before the planning board and board of commissioners is whether the proposed
21 change advances the public health, safety, or welfare as well as the intent and spirit of
22 the ordinance. Information related to other issues which do not directly affect the public
23 health, safety, or welfare may be declared irrelevant by the chairman and excluded from
24 presentation at the public hearing. In particular, when considering proposed map
25 amendments:
26 (1) Proposed uses. The planning board and board of commissioners shall not consider
27 any representations made by the petitioner that, if the change is granted, the rezoned
28 property will be used for only one (1) of the possible range of uses allowed in the
29 requested zoning district classification. Rather, the boards shall consider whether the
30 entire range of permitted uses in the requested zoning district is more appropriate
31 than the range of uses allowed in the existing district.
32 (2) Impact of zoning map change. The boards shall not regard as controlling any
33 advantages or disadvantages to the individual requesting the change, but shall
34 consider the impact of the proposed zoning change on the public at large.
35 (d) Initiation. The rezoning of property may be initiated by the board of commissioners, the
36 planning board, or by petition of the legal property owner(s) or designated representative.
37 (e) Filing of petition. Except when initiated by the board of commissioners or the planning
38 board, each petition to rezone a separate, noncontiguous property shall be submitted to
39 the administrator on an approved application form and shall be accompanied by any
40 nonrefundable, applicable fees as established by the board of commissioners.
41 (f) Deadline for submittal of application. The completed application package shall be
42 submitted to the planning department at least fifteen (15) working days prior to the next
43 regular meeting of the planning board if to be scheduled for consideration at that time.
44 (g) Withdrawal of petition. Any petitioner shall have the right to withdraw the rezoning
45 petition, in writing, at any time prior to a final decision by the board of commissioners.
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(h) Content of application package. Each rezoning petition shall be accompanied by:
(1) Two (2) copies of a map, to scale, which clearly illustrates the subject property to be
rezoned; or
(2) Written metes & bounds legal description for property(ies) proposed for rezoning;
(3) Any other pertinent information as may be required by this article;
(4) Requests for conditional zoning districts shall be accompanied by a site plan as
specified in section 21-52.
(i) Staff review. The administrator shall review the rezoning application package, ensure its
completeness, and prepare a written staff recommendation concerning the proposed
rezoning request. The administrator may consult with other appropriate agencies,
including, but not limited to, the NCDOT, the county board of education, and the
environmental health division of the county health department, when evaluating rezoning
requests. The staff report shall, at a minimum address the following:
(1) Relationship and conformity with any adopted plans and policies;
(2) Consistency with this article and requested zoning district's purpose and intent;
(3) Compatibility of all uses within the proposed zoning district classification with other
property and conditions in the vicinity; and
(4) Potential impact on facilities such as roads, utilities, and schools.
(j) Planning board action. The planning board shall provide a recommendation to the board
of commissioners on each rezoning request. 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 board of commissioners
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 board of commissioners. Rezoning requests for
conditional districts or other small-scale rezonings shall also include a statement of
reasonableness analyzing the request as a recommendation for adoption by the board of
commissioners. Failure of the planning board to transmit its recommendation within thirty
(30) days after first consideration of a rezoning or a referral by the board of county
commissioners may allow the board of commissioners to proceed in its consideration of
the rezoning without the planning board recommendation. The planning board shall make
one (1) of the recommendations as provided in this subsection:
(1) Grant the rezoning as requested;
(2) Grant the rezoning with modifications, including a recommendation to rezone to a
more restrictive district than requested; or
(3) Deny the rezoning request.
(k) Board of commissioners action. The board of commissioners shall consider any rezoning
petition and the planning board recommendation at an advertised public hearing. After
the public hearing is closed, the board of commissioners shall take one (1) of the
following actions:
(1) Grant the rezoning as requested or modified;
(2) Continue the request;
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1 (3) Refer the application, with modifications, back to the planning board for further study
2 and consideration; or
3 (4) Deny the rezoning request.
4 Prior to adopting or rejecting any zoning amendment, the board of commissioners shall
5 adopt a statement describing whether its action is consistent with an adopted
6 comprehensive plan and explaining why the board considers the action taken to be
7 reasonable and in the public interest. That statement is not subject to judicial review.
8 Rezoning requests for conditional zoning districts or other small-scale rezonings shall
9 also include adoption of a statement of reasonableness analyzing the request.
10 (1) Notification of decision. Within five (5) working days of any action by the board of
11 commissioners on a rezoning request, notice of such action shall be sent by first class
12 mail to the rezoning petitioner and any other persons who have indicated to the zoning
13 administrator, in writing, that they would like the decision mailed to them. Additionally,
14 within fifteen (15) days after the effective date of a zoning change to commercial or
15 industrial zones within six hundred sixty (660) feet of the rights -of -way of an interstate or
16 primary highway, written notice by registered mail shall be sent to the Raleigh offices of
17 the NCDOT in accordance with G.S. 136-136 and 136-153.
18 (m) Petition resubmitted. If a rezoning request is denied by the board of commissioners, the
19 zoning administrator may not accept a new rezoning petition within the one (1) year
20 period unless the administrator determines that:
21 (1) There has been a significant change in the zoning district classification of an adjacent
22 property;
23 (2) A new or updated land use plan which changes public policy regarding the property is
24 adopted by the county;
25 (3) Public facilities such as roads, water lines, sewer lines, or other infrastructure are
26 constructed or expanded to serve the property and enable the proposed development
27 to be accommodated; or
28 (4) There has been some other significant change, other than a change in ownership of
29 the property, which might justify waiving the one-year restriction on submitting a new
30 petition.
31 (n) Recording of zoning change. All rezoning map amendments shall be recorded on official
32 zoning maps which are a part of this chapter and are maintained for public inspection in
33 the office of the county planning department.
34 (Ord. of 1-19-98, § XV; Ord. of 4-20-98; Amend. of 2-20-06(1); Amend. of 11-2-09; Amend. of 9-
35 6-16)
36 Sec. 21-363. Hierarchy of districts.
37 The districts established in this chapter are classified from "most restrictive" to "least
38 restrictive": RS (most restrictive), RR, RA, MFR, MHP, INST, NB, CBI, 85-ED-1, 85-ED-2, 85-
39 ED-3, 85-ED-4, IND (least restrictive).
40
41 (Ord. of 1-19-98, § XV; Ord. of 6-17-02; Ord. of 4-21-03; Amend. of 3-7-05)
42
43
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