WSMU_CAJA_WSWP Ordinance_20220323

ZONING
WATERSHED PROTECTION
ORDINANCE
OF THE
TOWN OF CAJAH'S MOUNTAIN
NORTH CAROLINA
WESTERN PIEDMONT COUNCIL OF GOVERNMENTS
ADOPTED June 7, 2021

TABLE OF CONTENTS
ARTICLE L• PURPOSE AND AUTHORITY............................................................... 5
ARTICLE II: SHORT TITLE......................................................................................... 5
ARTICLE III: ENACTMENT CLAUSE.........................................................................5
ARTICLE IV: ZONING ]INTERPRETATION AND APPLICATION ..........................5
Section40
Interpretation and Application...............................................................5
Section 41
Compliance with Ordinance.......................................................................6
Section 42
Zoning J u r i s d i c t i on ........................................................................6
Section 43
Bona Fide Farms Exempt.......................................................................6
Section 44
Front Yard Setback Requirement for Connelly Springs Road ...................... 6
ARTICLE V: PROVISIONS FOR OFFICIAL ZONING MAP.........................................6
Section 50 Official Zoning Map............................................................................... 6
Section 51 Identification of Official Zoning Map.........................................................6
ARTICLE VI: DEFINITION OF TERMS.
7
Section 60 Interpretation and Definitions of Certain Terms and Words.........................7
Section61 Definitions.....................................................................................7
ARTICLE VH: ESTABLISHMENT OFDISTRICTS......................................................20
Section70 Use Districts......................................................................................20
Section 71 District Boundaries Shown on Map............................................................20
Section 72 Due Consideration Given to District Boundaries........................................20
Section 73 Rules Governing Boundaries....................................................................20
ARTICLE VIII: USE REQUIREMENTS BY DISTRICT ...... _..... _............................21
Section 81 R-20 Residential Low Density District.......................................................21
Section 82 RA-20 Residential Medium Density District .............................................. 25
Section 83 Office and Institutional District................................................................. 31
Section 84 General Business District........................................................ . 34
Section 85 Town Center Business District ................................................... 40
Section 86 Light Manufacturing District ..................................................... 45

ARTICLE IX: GENERAL PROVISIONS..........................................................48
Section90
Application.........................................................................
48
Section 91
Reduction of Lot and Yard Areas Prohibited ...................................
48
Section 92
Relationship of Building to Lot ..................................................
48
Section 93
Nonconforming Uses.............................................................
48
Section 94
Announcement Signs and Structures ...........................................
50
Section 95
Provisions for Individual Manufactured Homes ...............................
51
Section 96
Provisions forthe Replacement ofExisting Manufactured Homes in the
R-20 District........................................................................
52
Section 97
Vested Rights......................................................................
53
Section 98
Watershed Protection..............................................................
54
Section99
Fences...............................................................................
67
ARTICLE X: EXCEPTIONS AND MODIFICATIONS ................................... 68
Section 100
Lot of Record.......................................................................
68
Section 101
Front Yard for Dwellings........................................................
68
Section 102
Height Limitations.................................................................
68
Section 102.1
Telecommunication Towers ......................................................
68
Section 103
Visibility at Intersections.........................................................
72
Section 104
Cluster Development..............................................................
73
Section 105
Planned Unit Development.......................................................
74
Section 106
Group Housing Developments..................................................
75
Section 107
Provisions for Satellite Dish Antennas .........................................
76
Section 108
Provisions for Flag Lots...........................................................
77
Section 109
Provisions for Landlocked Lots ..................................................
77
ARTICLE XI:
OFF-STREET PARKING AND LOADING REQUIREMENTS......
78
Section 110
Off -Street Parking Requirements ...............................................
78
ARTICLE XIL•
ADMINISTRATION AND ENFORCEMENT ............................
81
Section 120
Zoning Enforcement Officer ......................................................
81
Section 121
Zoning Permit Required..........................................................
81
Section 122
Application for Zoning Permit ...................................................
82
Section 123
Zoning Certificate of Occupancy forNew and Altered Structures...........
83
ARTICLE XIIL• BOARD OF ADJUSTMENT .................................................. 85
Section 130 Establishment of Board of Adjustment .......................................... 85
Section 131 Decisions of the Board of Adjustment .......................................... 85
Section 132 Proceedings of the Board of Adjustment ....................................... 85
Section 133 Appeals, Hearing and Notice ..................................................... 86
Section 134 Stay of Proceedings............................................................... 86
Section 135 Powers and Duties of the Board of Adjustment ................................ 86
Section 136 Decision of the Board of Adjustment ........................................... 89

Section 137 Duties ofthe Zoning Enforcement Officer, Board ofAdjustment, Courts
and Town Council on Matters of Appeal .................................................. 89
ARTICLE XIV: AMENDMENTS AND CHANGES........................................................90
Section 140 Procedure for Amendments..................................................................... 90
Section 141 Protest Petition......................................................................................92
ARTICLE XV: LEGAL PROVISIONS.....................................................................................94
Section 150
Interpretation, Purpose and Conflict..........................................................94
Section 151
Town Attorney May Prevent Violation......................................................94
Section152
Validity..........................................................................................94
Section 153
Penalties.........................................................................................
94
Section 154
Adoption Date........................................................................................94

ARTICLE I
PURPOSE AND AUTHORITY
For the purpose of promoting the health, safety, morals and the general welfare of the
community, an ordinance regulating the uses of buildings, structures and land for trade, industry,
commerce, residence, recreation, public activities or other purposes; the size of yards, courts and
other open spaces; the location, design, height, bulk, number of stories and size of buildings and
other structures, the density and distribution of populations; creating districts of said purposes, and
establishing the boundaries thereof: defining certain terms used herein; providing for the method of
administration, amendment and enforcement; providing penalties for violations; providing for a
board of adjustment and defining the duties and powers of said board; repealing conflicting ordinances;
and for other purposes pursuant to the authority granted by the General Statutes of North Carolina,
Chapter 160-A, Article 19, Part 3.
ARTICLE II
SHORT TITLE
This Ordinance shall be known as the "Zoning Ordinance of the Town of Cajah's Mountain,
North Carolina", and may be referred to as the "Zoning Ordinance", and the map which is identified by
the title "Official Zoning Map, Cajah's Mountain, North Carolina, "may be known as the "Zoning
Map" .
ARTICLE III
ENACTMENT CLAUSE
The Town Council of the Town of Cajah's Mountain, in pursuance of the authority granted by
the General Statutes of North Carolina, particularly G.S. 160D-1-1, hereby ordains and enacts into
law the following Articles and Sections.
ARTICLE IV
ZONING INTERPRETATION AND APPLICATION
Section 40. Interpretation and Application.
In interpreting and applying this Ordinance, the requirements contained herein are declared to be the
minimum requirements necessary to carry out the purposes of the Ordinance. Except as herein provided,
this Ordinance shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner
whatsoever any easements, covenants, or other agreements between parties. Whenever the provisions
of this Ordinance impose greater restrictions upon the use of the land or buildings or upon the height
of buildings or require a larger percentage of lot to be left unoccupied than the provisions of other
ordinances, rules, regulations, permits or any easements, covenants or other agreements between
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parties, the provisions of this Ordinance shall govern, except as provided in Article XV of this
Ordinance.
Section 41. Compliance with Ordinance.
No land, building, or structure shall be used, no buildings or structure shall be erected, and no existing
building or structure shall be moved, added to, enlarged or altered except in conformity with this
Ordinance.
Section 42. Zoning Jurisdiction.
The provisions of this Ordinance shall be applicable to all property within the corporate limits of the
Town of Cajah's Mountain.
Section 43. Bona Fide Farms Exempt.
This Ordinance shall in no way regulate, restrict, prohibit or otherwise deter any bona fide farm and
its related uses.
Section 44. Front Yard
Setback Requirement for Connelly Springs Road. Due to imminent road improvements and widening
projects for Connelly Springs Road (State Road 1001), the front yard setback requirement for any
new structure in any use district along this highway shall be the front yard requirement for the use
district plus twenty (20) feet.
ARTICLE V
PROVISIONS FOR OFFICIAL ZONING MAP
Section 50. Official Zoning Map.
The districts established in Article VII of this Ordinance as shown on the Official Zoning Map
which, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance.
Section 51. Identification of Official Zoning Map.
The Official Zoning Map shall be identified by signature of the Mayor, attested by the Town Clerk,
and bearing the seal of the Town of Cajah's Mountain. The Zoning Map shall be maintained for public
inspection in the office of the local government clerk. The maps may be in paper or a digital format
approved by the local government (G.S. 160D-105).
on

ARTICLE VI
DEFINITION OF TERMS
Section 60. Interpretation of Certain Terms and Words.
For the purpose of interpreting this Ordinance, certain words or terms and herein defined. Unless
otherwise stated, the following words shall for the purpose of this Ordinance have the meaning
herein indicated.
a. Words used in the present tense include the future tense.
b. Words used in the singular tense include the plural and words used in the plural number
include the singular.
The word "person" includes a firm, association, organization, partnership, corporation, trust
and company, as well as an individual.
d. The word "lot" includes the word "structure".
The word "building" includes the word "structure".
f. Theword"shall" is mandatory, not directory.
g. The words "used" or "occupied" as applied to any land or buildings shall be construed to
include the words "intended, arranged or designed to be used or occupied."
h. The term "Zoning Enforcement Officer" shall include the term "Watershed Administrator".
Section 61. Definitions.
61.1 Accessory Use. A use customarily incidental and subordinate to the principal use of
building andlocated onthe same lotwith suchprincipal use orbuilding.
61.2 Administrative Decision. Decisions made in the implementation, administration, or
enforcement of development regulations that involve the determination of facts and the
application of objective standards set forth in this Chapter or local government
development regulations. These are sometimes referred to as ministerial decisions or
administrative determinations.
61.3 Alley. A public orprivate thoroughfare which affords only a secondary means or access to
abutting property and not intended for general traffic circulation.
61.4 Approval Authority. The Town Council, Planning Board, Board of Adjustment, Town
Manager, Town Planner, or other board or official designated by this Ordinance as being
authorized to grant the specific zoning or land use permit approval that constitutes a site
specific development plan.
61.5 Best Management Practices (BMP). A structural or nonstructural management -based
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practice used singularly or in combination to reduce nonpoint source inputs to receiving
waters in orderto achieve water quality protection goals.
61.6 Billboard. An outdoor structure or display, pictorial or otherwise, either freestanding or
attached to a building, which advertises or attracts attention to a business, commodity,
service or other activity conducted, sold or offered elsewhere than on the premises on which
said sign is located. Such off -premises signs shall not exceed sixteen (16) square feet in area per
side.
61.7 Boarding House. A building where, for compensation, lodging and/or meals are provided for
not more than ten (10) persons.
61.8 Buffer Strip. A buffer strip as required by certain sections of this Ordinance shall be one of or
equal to the following:
A six-foot high wood, basket weave type face;
b. A six-foot high solid picket type fence with the pickets being placed facing the
adjoining property;
c. A six-foot high, open type fence with evergreen vegetation planted facing the
adj oining property and completely blocking the view from one areato another;
d. A six-foothigh masonry wall;
e. A planted vegetative buffer that shall reach a minimum height of six (6) feet that
will use a species that forms a continuous year-round opaque screen within three (3)
years after planting
f. Additional suitable landscaping as determined by the Town Planner. This
landscaping may include existing vegetation.
Each application for a zoning permit or certificate of occupancy for those use districts where a
buffer is required shall include information as to the location and type of buffer to be
erected. I n some instances a fence or wall may be required by the Planning Board. Once the
buffer strip is erected, it shall be properly maintained. (Amended 1112/99)
61.9 Buffer, Watershed. An area of natural or planted vegetation through which stormwater
runoff flows in a diffuse manner so that the runoff does not become channelized and which
provides for infiltration of the runoff and filtering of pollutants. The buffer is measured
landward from the normal pool elevation of impounded waters and from the bank of each
side of free -flowing streams.
61.10 Building. Any structure having a roof supported by columns or by walls and intended for
shelter, housing or enclosure ofpersons, animals orchattels.
61.11 Building, Accessory. A building subordinate to the main building on a lot and used for
purposes customarily incidental to the main or principal building, and located on the same lot
therewith.

61.12 Building Height. The vertical distance measured from the average elevation of the finished lot
grade at the building line to the highest point of the roof beams adjacent to the front of the
wall in the case of a flat roof, to the average height of the gables in the case of a pitched roof,
and to the deck line in the case of a mansard roof.
61.13 Building. Principal. A building in which is conducted the main or principal use of the lot on
which said building is situated.
61.14 Building Setback Line. A line establishing the minimum allowable distance between the
nearest portion of any building (excluding the outermost three feet of any uncovered
porches, steps, eaves, gutters, and similar fixtures), and the street or highway right-of-way line
when measured perpendicularly thereto.
61.15 Built -Upon Area. That portion of a development that is covered by impervious or partially
impervious cover including buildings, structures, pavement, gravel, recreation facilities, etc.,
excluding wooden slatted decks and the water area of swimming pools.
61.16 Business Sign. A sign which directs attention to goods, commodities, products, services, or
entertainment sold or offered upon the premises where the sign is located.
61.17 Cellar. A story having more than one-half of its height below the average level of the
adjoining ground. A cellar shall not be counted as a story for purposes of height measurement.
61.18 Clinic. An establishment where patients are admitted for special study and treatment by one or
more licensed practitioners in medically related arts.
61.19 Cluster Development. Buildings concentrated together in specific areas to minimize
infrastructure and development costs while achieving the allowable density. Allows the
preservation of natural open space for recreation, common open space, and preservation of
environmentally sensitive features.
61.20 Condominium. A system of separate ownership of individual unit's in multiple -unit building.
61.21 Customary Home Occupation. Any use conducted entirely within the dwelling and carried on
by the occupants thereof, which use is clearly incidental and secondary to the use of the
dwelling for residential purposes and does not change the character thereof, and in connection
with which there is no display, no outside storage, no stock -in -trade nor commodity
sold on the premises; provided further that no person not a resident on the premises is
employed in connection with the activity, except that not more than two assistants may be
employed by the following occupations: physician, dentist, attorney, chiropractor, veterinarian,
and other licensed professional services approved by the Board of Adjustment. Such occupation
shall be carried on solely within the main dwelling and shall not occupy more than twenty-five
percent (25%) of the total floor space of the dwelling.
61.22 Day Nursery. An agency, organization, or individual providing daytime care of six or more
children not related by blood or marriage to, or not the legal wards of foster children of the
attendant adult.
M

61.23 Determination. A written, final, and binding order, requirement, or determination regarding an
administrative decision.
61.24 Developer. A person, including a governmental agency or redevelopment authority, who
undertakes any development and who is the landowner of the property to be developed or who
has been authorized by the landowner to undertake development on that property.
61.25 Development. Unless the context clearly indicates otherwise, the term means any of the
following:
a) The construction, erection, alteration, enlargement, renovation, substantial
repair, movement to another site, or demolition of any structure.
b) The excavation, grading, filling, clearing, or alteration of land.
c) The subdivision of land as defined in G.S. 160D-802.
d) The initiation or substantial change in the use of land or the intensity of use of
land.
61.26 Development Approval. An administrative or quasi-judicial approval made pursuant to this
Chapter that is written and that is required prior to commencing development or undertaking a
specific activity, project, or development proposal. Development approvals include, but are not
limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of
appropriateness. The term also includes all other regulatory approvals required by regulations
adopted pursuant to this Chapter, including plat approvals, permits issued, development
agreements entered into, and building permits issued.
61.27 Development Regulation. A unified development ordinance, zoning regulation, subdivision
regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention
regulation, mountain ridge protection regulation, stormwater control regulation, wireless
telecommunication facility regulation, historic preservation or landmark regulation, housing
code, State Building Code enforcement, or any other regulation adopted pursuant to this Chapter,
or a local act or charter that regulates land use or development.
61.28 Dwelling. Any building, structure, manufactured home, or mobile home, or part thereof, used
and occupied for human habitation or intended to be so used, and includes any outhouses and
appurtenances belonging thereto or usually enjoyed therewith. For the purposes of this Chapter,
the term does not include any manufactured home, mobile home, or recreational vehicle, if used
solely for a seasonal vacation purpose.
61.29 Dwelling Unit. A building or portion thereof designed, arranged or used for permanent living
quarter for one family. The term "dwelling unit" shall not be deemed to include a motel,
hotel, tourist home, mobile home or other structure designed for transient residence.
61.30 Dwelling, Single -Family. A building designed for and containing one dwelling unit.
61.31 Dwelling, Two -Family. A building designed for containing two dwelling units.
61.32 Dwelling, Multi -Family. A building designed for and containing three or more dwelling units.
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61.33 Electronic Gaming Operations: Any business enterprise, whether as a principal or accessory
use, where persons utilize electronic machines. For the purposes of this section "Electronic
Machine or Device" means a mechanically, electronically or electronically operated machine
or device that is owned, leased or otherwise possessed by a sweepstakes sponsor or promoter,
or any of the sweepstakes sponsor's or promoter's partners, affiliates, subsidiaries or
contractors, that is intended to be used by a sweepstakes entrant, that uses energy, and that is
capable of displaying information on a screen or other mechanism. This definition is applicable
to an electronic machine or device whether or not:
• It is server based.
• It uses a simulated game terminal as a representation of the prizes associated with the
results of the sweepstakes entries
• It utilizes software such that the simulated games influences or determines the winning or
values of the prize
• It selects from a finite pool of entries
• It utilizes a mechanism that reveals the content of a predetermined sweepstakes entry
• It predetermines the prize and result and stores those results for delivery at a time the
sweepstakes entry results are revealed
• It utilizes software to create a game result
• It requires the deposit and any money, coin, or token or the use of any credit card, debit
card, prepaid card or any other method of payment to activate the electronic game of
device
• It requires direct payment into the electronic machine or device, or remote activation of
the electronic machine or device
• It requires purchase of a related product
• The related product, if any, has legitimate value
• It reveals the prize incrementally, even though it may not influence if a prize is awarded
of the values of any prize is awarded.
• It determines and associated the prize with an entry or entries at the time the sweepstakes
is entered
• It is a slot machine or others form or electrical, mechanical, or computer game
(Amended November 2012)
61.34 Evidentiary Hearing. A hearing to gather competent, material, and substantial evidence in order
to make findings for a quasi-judicial decision required by a development regulation adopted
under this Chapter.
61.35 Existing Development. Those projects that are built or those projects that at a minimum have
established a vested right under North Carolina zoning law as of the effective date of this
Ordinance based on at least one of the following criteria:
(1) having expended substantial resources (time, labor, money) based on a good faith
reliance upon having received a valid local government approval to proceed with the
project; or
(2) having an outstanding building permit as authorized by North Carolina General
Statutes (NCGS 160D-102); or
(3) having an approved site specific or phased development plan as authorized by North
11

Carolina General Statutes (NCGS 160D-102).
61.36 Family. One or more blood or marriage related persons or five or fewer unrelated persons
occupying a dwelling and living as a single housekeeping unit, as distinguished from persons
occupying a boarding house or hotel as herein defined.
61.37 Family Care Home. A single family home that, in accordance with NCGS 168-21(1),
provides room, board and care for six or fewer handicapped persons in a family
environment and is licensed by the NC Department of Health and Human Services.
Handicapped persons include those with physical, emotional, or mental disabilities, but not
those who have been deemed dangerous to others as defined by NCGS 122C-3(11)b. As
allowed by NCGS 168-22(a) there shall be a 0.5 mile radius between family care home
sites as to not place undue hardship on City and County emergency personnel. The facility
shall be properly licensed by the State of North Carolina and notifies the Town upon any
changes to the permit.
61.38 Grade. An average level of the finished surface of the ground adjacent to the exterior walls of
the building or structure'.
61.39 Gross Floor Area. The total floor area of all buildings in a project including basements,
mezzanines, and upper floors exclusive of stairways and elevator shafts. Itexcludes separate
service facilities outside the main building such asboilerrooms and maintenance shops.
61.40 Group Camp. A camp providing camping facilities for ten (10) or more people.
61.41 Group Home. Any facility licensed by the North Carolina State Department of Human
Resources, by whatever name it is called, other than a "family care home", as defined by this
Ordinance, with support and supervisory personnel that provides room and board, personal
care or habilitation services in a family environment for not more than nine (9) resident
persons. Such group homes shall not be within a one-half mile radius of an existing family
care or group home as measured from property line to property line.
61.42 Hazardous Material. Any substance listed as such in: SARA Section 302, Extremely
Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and
hazardous substances).
61.43 Heliports. A landing and takeoff place for a helicopter.
61.44 Impervious surface. Any material which prevents, impedes, or slows infiltration or
absorption of storm water directly into the ground at the rate of absorption of
vegetation -bearing soils, including building, asphalt, concrete, gravel, and other surfaces.
61.45 Industrial Development. Any non-residential development that requires a NPDES permit for
an industrial discharge and/or requires the use or storage of any hazardous material for the
purpose of manufacturing, assembling, finishing, cleaning or developing any product.
61.46 Junkyard. The use of more than 600 square feet of the area of any lot for the storage,
keeping or abandonment of junk, including scrap metals, or other scrap materials, or for the
dismantling, demolition, or abandonment of automobiles or other vehicles or parts thereof.
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61.47 Kennel. Any location where boarding, caring for or keeping of more than a total of three dogs
or cats or other small animals or a combination thereof (except litters of animals of not more
than six months of age) is carried on, and also raising, breeding, caring for or boarding dogs,
cats, or other small animals for commercial purposes.
61.48 Kennel, Noncommercial. Any location where the boarding, caring for and keeping of more
than three (3) but not more than ten (10) dogs or cats or other small animals or combination
thereof (except litters of animals of not more than six months of age) is carried on, not for
commercial purposes, but as ahobby such astheraising of show andhunting dogs.
61.49 Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance
with Chapter 130A Article 9 of the North Carolina General Statutes. For the purpose of this
ordinance, this term does not include composting facilities.
61.50 Legislative Decision. The adoption, amendment, or repeal of a regulation under this Chapter or
an applicable local act. The term also includes the decision to approve, amend, or rescind a
development agreement consistent with the provisions of Article 10 of this Chapter.
61.51 Legislative Hearing. A hearing to solicit public comment on a proposed legislative decision.
61.52 Lot. A parcel of land occupied or capable of being occupied by a building or group of
buildings devoted to a common use, together with the customary accessories and open
spaces belonging to the same.
61.53 Lot, Corner. A lot which occupies the interior angle at the intersection of two street lines
which make an angle of more than 45 degrees and less than 135 degrees with each other. The
street line forming the least frontage shall be deemed the front of the lot except where the two
street lines are equal, in which case the owner shall be required to specify which the front when
requesting a zoning compliance permit is.
61.54 Lot Coverage. The percentage of a lot which may be covered with buildings or structures,
excluding walks, drives, and other similar uses and recreational facilities which are accessory
to apermitted use. For properties located within the WS-IV Protected Area, lot coverage
shall include all built -upon areas as defined in Section 61.14 of this Ordinance.
61.55 Lot Depth. The mean horizontal distance between the front and rear lot lines.
61.56 Lot of Record. A lot which is part of a subdivision, a plat or which has been recorded in the
office of the Caldwell County Register of Deeds or a lot described by metes and bounds, the
description of which has been so recorded at the County Courthouse.
61.57 Lot Width. The distance between side lot lines measured at the building setback line.
61.58 Major Watershed Variance. A variance from the minimum statewide water supply watershed
protection criteria that results in any one or more of the following:
(1) any variation in the design, maintenance or operation requirements of a wet
13

detention pond or other approved stormwater system;
(2) the relaxation, by a factor greater than ten (10) percent, of any management
requirement under the low density option;
(3) the relaxation, by a factor greater than five (5) percent, of any buffer or built -upon
requirement under the high density option.
61.59 Manufactured Home. A structure, transportable in one or more sections, which in the
traveling mode is eight (8) feet or more in width and is forty (40) feet or more in length, or
when erected on site is three hundred twenty (320) or more square feet, and which is built on
a permanent chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities and includes the plumbing, heating, air
conditioning and electrical systems contained therein.
61.60 Manufactured H o me Park. See Cajah's Mountain (Caldwell County) Mobile Home Park
Regulations for definition.
61.61 Manufacture Home Stand. That part of an individual lot which has been reserved for the
placement of one manufactured home unit.
61.62 Minor Watershed Variance. A variance that does not qualify as a major watershed variance.
61.63 Modular Home. Any building or structure, designed for dwelling purposes, which is
premanufactured, all or in part, at some point other than the building site for assembly or
installation later at the building site. Further defined, such building may be assembled for
premanufactured rooms, wall panels, frame units, or other factory manufactured parts, which
may be fabricated of wood, concrete, metal or other materials, and anchored on a permanent
foundation at the building site. This definition does not include vehicles or structures that
are designed to be mounted on wheels to be moved to a lot such as manufactured homes
described above. Modular homes must meet North Carolina State Building Code. (Amended
2/2/99)
61.64 Motel/Hotel or Inn or Bed & Breakfast. A building containing more than four individual
rooms for the purpose of providing overnight lodging facilities to the general public for
compensation, with or without meals, and which has common facilities for reservations and
cleaning services, combine utilities and on -site management and reception services.
61.65 Non -conforming Lot of Record. A lot described by a plat or a deed that was recorded prior to
the effective date of this Ordinance that does not meet the minimum lot size or other
development requirements of the statewide watershed protection rules.
61.66 Nonconforming Use. A building or land lawfully occupied by a use that does not conform with
use regulations of the district in which it is located.
61.67 Nursing Home. A home for aged or ill persons in which three (3) or more persons not of the
same immediate family are provided with food, shelter and care for compensation; but not
including hospitals, clinics, or similar institutions devoted primarily to diagnosis and
14

treatment.
61.68 Open Space. Any front, side or rear yards, courts, usable open space provided about a
building in order to meet the requirements of this Ordinance.
61.69 Open Storage. Unroofed storage area, whether fenced or not.
61.70 Parking Space. A storage space of not less than 9 feet by 18 feet for one automobile plus the
necessary access space.
61.71 Parking Lot. Any designated area designed for temporary accommodation of motor
vehicles of the motoring public in normal operating condition whether for a fee or as a
service.
61.72 Planned Unit Development (PUD). A form of development characterized by a unified site
design for a number of housing units, clustering of buildings and providing common open
space, density increased, and a mix of building types. It permits the planning of a project and
a calculation of densities over the entire development rather than on an individual lot- by -lot
basis. The site must include two or more principal buildings. Such development shall be
based on a plan which allows for flexibility of design most available under normal district
requirements.
61.73 Protected Area. The area adjoining and upstream of the critical area of WS-IV watersheds.
The boundaries of the protected area are defined as extending five miles upstream and
draining to water supply reservoirs or to the watershed ridge line, whichever comes first; or
within ten miles upstream and draining to a water intake located directly in a stream or
river, orto the watershed ridge line, whichever comes first.
61.74 Rest Home. A health facility where persons are housed and furnished with meals and
continuing nursing care for compensation.
61.75 Satellite Dish Antenna. An antenna, six feet in diameter or larger, designed to receive
television, radio, and other communication signals primarily from orbiting satellites.
61.76 Sewerage System, Public. A system serving two or more connections. Plans for public and
community sewer systems must be approved by the Division of Environmental
Management, North Carolina Department of Natural Resources and Community
Development.
61.77 Sewerage System, Individual. An individual septic tank system of sewage disposal.
Individual sewage disposal systems must be installed and maintained in accordance with the
Division of Health Services, North Carolina Department of Human Services "Rules and
Regulations Governing the Disposal of Sewage from any Residence, Place of Business, or
Place of Public Assembly in North Carolina" and the regulations of the County Board of
Health.
61.78 Sexually oriented businesses. An establishment consisting of, including, or having the
characteristics of any or all of the following:
15

1. Adult Arcade -An establishment where, for any form of consideration, one or more
motion picture projectors, slide projectors, computers, or similar machines for viewing
by five or fewer persons each are used to show films, motion pictures, video cassettes,
slides, or other photographic reproductions that are characterized by an emphasis upon
the depiction or description of specified sexual activities or specified anatomical areas.
Additionally, any establishment that provides computer access for the purposes stated
above.
2. Adult Bookstore or Adult Video Store - An establishment that has a substantial portion
of its stock -in -trade and offers for sale, for any form of consideration, any one of the
following:
a. books, magazines, periodicals, or other printed matter, or photographs, films,
motion pictures, video cassettes, slides, computer imagery, or other visual
representation that are characterized by an emphasis upon the depiction or
description of specified anatomical areas
b. instruments, devices, or paraphernalia that are designed for use in connection
with specified sexual activities
3. Adult Cabaret - A nightclub, bar, restaurant, or similar establishment that regularly
features live performances that are characterized by the exposure of specified
anatomical areas or by specified sexual activities, or films, motion pictures, video
cassettes, slides, or other photographic reproductions in which a substantial portion of
the total presentation time is devoted to the showing of material that is characterized
by an emphasis upon the depiction or description of specified sexual activities or
specified anatomical areas.
4. Adult Entertainment Center - Any business, such as adult book stores, adult movie
theaters, mini -motion picture shows (peep shows), which carry erotic materials
and advertise themselves as serving the adult sexual interest. Such entertainment centers
constitute a separate classification of use and are not included under uses such as book
stores and movie theaters.
5. Adult Motion Picture Theater - An establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic reproductions
are shown, and in which a substantial portion of the total presentation time is devoted
to the showing of material characterized by an emphasis on the depiction or description
of specified sexual activities or specified anatomical areas.
Specified anatomical areas are defined as a) less than completely and opaquely
covered human genitals, pubic region, buttock, female breast, or b) human male
genitals in a discernably turgid state, even if completely and opaquely covered.
Specified sexual activities are defined as a) the fondling or other erotic touching of
human genitals, pubic region, buttocks, anus, or female breasts; or b) sex acts normal
or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
or c) masturbation, actual or simulated; or d) excretory functions as part of or in
connection with any of the activities set forth in this definition.
16

61.79 Signs. Any form of publicity, visible from any public highway directing attention to an
individual activity, business, service, commodity or product and conveyed by means of
words, figures, numerals, lettering, emblems, devices, designs, trademarks, or trade names or
other pictorial matter designed to convey such information and displayed by means of bills,
panels, posters, paints, or other devices erected on an open framework, or attached or otherwise
applied to posts, stakes, poles, buildings, or other structures or supports.
61.80 Sign. On -Site. A sign which directs attention to a business, profession, commodity, service or
entertainment sold or offered upon the premises where such sign is located or to which it is
attached (See Business Sign, 61.11).
61.81 Sign, Off -Site. A sign which directs attention to a business, commodity, activity, service or
product not necessarily conducted, sold or offered upon the premises where such sign is
located. (See Billboard).
61.82 Sign Area. Sign area shall be measured by the smallest square, rectangle, triangle, circle or
combination thereof, which will encompass the entire advertising copy area, excluding
architectural trim and structural members. In computing area, only one side of a double- faced
sign shall be considered.
61.83 Single Family Development. Any development where: 1) no building contains more than one
dwelling unit; 2) every dwelling unit is on a separate lot; and 3) where no lot contains more
than one dwelling unit.
61.84 Site Specific Development P 1 a n . A plan of land development submitted to the Town of
Cajah's Mountain for purposes of obtaining one of the following zoning or land use
permits or approvals:
a. Zoning Permit, as provided by Section 121 of this Ordinance;
b. Special Use Permit, as provided by Section 135 of this Ordinance;
C. Minor Subdivision Approval;
d. Major Subdivision Approval.
Notwithstanding the foregoing, neither a variance, a sketch plan, nor any other document that
fails to describe with reasonable certainty the type and intensity of use for a specified parcel
or parcels of property shall constitute a site specific development plan.
61.85 Story. That portion of a building comprised between a floor and the floor or roof next
above. the first floor of a two or multi -story building shall be deemed the story that has no floor
immediately below it that is designed for living quarters or for human occupancy. Those
stories above the first floor shall be numbered consecutively.
61.86 Street (Road, lane, Way, Terrace, Drive). A dedicated, recorded and accepted public right- of -
way for vehicular traffic which affords the principal means of access to abutting properties.
17

61.87 Street, Private. Any right-of-way or area set aside to provide vehicular access within a
development that is not dedicated or intended to be dedicated to NCDOT and that is not
maintained by the NCDOT.
61.88 Structure. Anything constructed or erected, the use of which requires more or less permanent
location on the ground or which is attached to something having more or less permanent
location on the ground.
61.89 Structural Alterations. Any change on the supporting members of a building, such as bearing
walls or partitions, columns, beams, or girders, or any structural change in the roof, or
dimensions orthe rooms therein.
61.90 Subdivision. See Cajah's Mountain Subdivision Regulations.
61.91 Tourist Home. See Boarding House.
61.92 Variance (Zoning). The term "Variance" shall mean a modification of the literal provisions of
the Zoning Ordinance granted when strict enforcement of the Zoning Ordinance would cause
undue hardship owing to circumstances unique to the individual property on which the
variance is granted.
61.93 Water Dependent Structure. Any structure for which the use requires access to or proximity to
or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses,
docks and bulkheads. Ancillary facilities such as restaurants, outlets for boating supplies,
parking lots and commercial boat storage areas are not water dependent structures.
61.94 Watershed. The entire land area contributing surface drainage to a specific point.
61.95 Watershed Administrator. See "Zoning Enforcement Officer".
61.96 Watershed Protection Occupancy Permit. See "Zoning Certificate of Occupancy Permit".
61.97 Watershed Protection Permit. See "Zoning Permit".
61.98 Watershed Variance. A permission to develop or use property granted by the Board of
Adjustment relaxing or waiving a water supply watershed management requirement adopted
by the Environmental Management Commission that is incorporated into this Ordinance.
61.99 Water System, Public. Water supply systems serving 10 or more connections are classified as
a public water supply by State law. Plans and specifications must be approved by the
Sanitary Engineering Section, NC Division of Health Services.
61.100 Water System, Semipublic. Water supply systems serving from two (2) to nine (9)
connections, inclusive. This system may be regulated by the County Board of Health, and
plans should be approved by the Caldwell County Health Department.
61.101 Water System. Individual. A drilled or bored well or spring which serves a single
18

connection. Indiviand operated in dual water supply systems should be located, constructed
accordance with the NC Division of Health Services.
61.102 Yard. An open space on the same lot with a principal building, unoccupied and unobstructed
from the ground upward.
61.103 Yard, Front. An open space on the same lot with a principal building, between the front line of
the building (exclusive of steps) and the front property or street right-of-way line and
extending across the full width of the lot.
61.104 Yard, Rear. An open, unoccupied space extending the full width of the lot and
situated between the rear line of the lot and the rear line of the building projected to the side
lines of the lot.
61.105 Yard, Side. An open, unoccupied space situated between the side line of the building and
adjacent side line of the lot and extending from the rear of the front yard to the front of the
rearyard.
61.106 Zoning Certificate of Occupancy. Certificate issued by the Zoning Enforcement Officer
certifying that the work authorized by a Zoning Permit has been completed in compliance
with the regulations and standards of this Ordinance. This term shall include the term
"Watershed Protection Occupancy Permit".
61.107 Zoning Enforcement Officer. Town of Cajah's Mountain official charged with the
responsibility of enforcing this Ordinance. This term shall include the term "Watershed
Administrator".
61.108 Zoning Permit. Permit issued by the Zoning Enforcement Officer indicating that a proposed use
is in compliance with requirements of this Ordinance. This term shall include the term
"Watershed Protection Permit". Zoning Vested Right. A right pursuant to G.S. 160D-102 to
undertake and complete the development and use of property under the terms and conditions of
an approved site specific development plan, provided that such development shall begin within
two years following issuance of the zoning vested right.
19

ARTICLE VII
ESTABLISHMENT OF DISTRICTS
Section 70. Use Districts.
For the purposes of this Ordinance, the Town of Cajah's Mountain is hereby divided into five (5)
use districts with the designations as listed below:
I .
R-20
Residential Low Density District
2.
RA-20
Residential Medium Density District
3.
B-1
General Business District
4.
0-1
Office and Institutional District
5.
M-1
Manufacturing District
6.
TCB
Town Center Business
Section 71. District Boundaries Shown on Map.
The boundaries of the districts are shown on the map accompanying this Ordinance and made a part
thereof entitled "Official Zoning Map, Cajah's Mountain, North Carolina". The zoning map and all the
notations, references and amendments thereto, and other information shown thereon are hereby made
a part of this Ordinance the same as if such information set forth on the map were all fully described
as set forth herein. The zoning map properly attested is posted at the Cajah's Mountain Town Hall and
is available for inspection by the public.
Section 72. Due Consideration Given to District Boundaries.
In the creation by this Ordinance of the respective districts, careful consideration is given to the
general suitability of each and every district for the particular uses and regulations applied thereto, and
the necessary and proper grouping and arrangement of various uses and densities of population in
accordance with a well -considered comprehensive plan for the physical development of the Town.
Section 73. Rules Governing Boundaries.
Where uncertainty exists as to the boundaries of any aforesaid districts as shown on the zoning
map, the following rules shall apply: (Such uncertainty shall be resolved by the Board of Adjustment)
73.1 Where district boundaries are indicated as approximately following the centerline of streets or
highways, railroad right-of-way lines or such lines extended, such centerlines, street lines, or
railroad right-of-way lines shall be construed to be such boundaries.
73.2 Where District boundaries are so indicated that they approximately follow lot lines, such lot lines
shall be construed to be such boundaries.
73.3 Where district boundaries are so indicated that they are approximately parallel to the
centerlines of streets, highways, or railroads, or rights -of -way of same, such district boundaries
shall be construed as being parallel thereto and at such distance therefrom as indicated on the
zoning map. If no distance is given, such dimension shall be determined by use of the scale
shown on said zoning map.
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73.4 Where a district boundary line divides a lot in single ownership, the district requirements for the
least restrictive portion of such lot shall be deemed to apply to the whole thereof, provided
that such extensions shall not include any part of such a lot more than thirty-five (35) feet
beyond the district boundary line. The term "least restricted" shall refer to zoning restrictions,
not lot or tract size.
ARTICLE VIII
USE REQUIREMENTS BY DISTRICTS
Within the districts indicated on the zoning map, no building or land shall be used, and no
building shall be erected or altered which is intended or designed to be used in whole or in part, for any
use other than those listed as permitted for that district in this Article.
Section 80. R-20 Residential Low Density District.
This district is composed of certain quiet, low density residential sections of the community, plus
certain open areas where similar residential development appears likely to occur. The regulations of
this district are intended to discourage any use which, because of its character, would substantially
interfere with the development of single family residences in the districts and which would be
detrimental to the quiet residential nature of the areas included within this district.
1. The following uses are permitted:
a. Single Family Dwellings and Modular Homes except manufactured homes.
b. Accessory buildings to residential uses, provided that no accessory building shall be
rented or occupied for gain, and provided further, that no accessory building to be
used for servants quarters shall be constructed upon a lot until the construction of the
main building has commenced.
C. Any form of agriculture or horticulture
d. Churches and other places of worship.
C. Off-street parking.
f. Group Homes and Family Care Homes.
2. Special Uses:
a. Accessory buildings in the side yard provided they meet all principal structure setbacks,
they conform to any recorded deed restrictions, and they blend into and maintain the
architectural environment of the principal structure and surrounding neighborhood.
21

(Amended 12/2/03)
b. Cemeteries.
c. Fire Stations.
d. Colleges and schools.
e. Grounds and facilities for recreational and community center buildings, country clubs,
lakes, parks, and similar facilities operated on a non-profit basis.
f. Public utility distribution lines, transformer stations, transmission lines and towers,
water tanks, but not service or storage tanks.
g. Nursing Homes.
h. Home occupation, as defined in Section 60.30.
1. Cluster Development, pursuant to Section 104.
3. Minimum Lot Sizes and Maximum Lot Coverage.
A. Lots located outside the WS-4 Protected Area:
w/o water and sewer: 20,000 square feet, with a maximum of two (2) lots per acre;
(Amended 2/6/01)
water and sewer: 15,000 square feet, with a maximum of five (5) lots per two (2)
acres; (Amended 2/6/01)
Maximum permissible lot coverage by principal and accessory buildings shall not
exceed 30% of the total lot area.
B. Lots located within the WS-4 Protected Area:
Lots deeded prior to October 1, 1993, or where the development does not
require a Sedimentation/Erosion Control Plan under State law:
w/o water and sewer: 20,000 square feet, with a maximum of two (2) lots per acre;
(amended 2/6/01)
water and sewer: 15,000 square feet, with a maximum of five (5) lots per two
(2) acres; (Amended 2/6/01)
Maximum permissible lot coverage by principal and accessory buildings shall not
exceed 30% of the total lot area.
Lots deeded on or after October 1, 1993, where the development requires a
Sedimentation/Erosion Control Permit:
22

OPTION 1:
w/o water and sewer: 20,000 square feet, with a maximum of two (2) Jot per acre;
(Amended 2/6/01)
water and sewer: 15,000 square feet, with a maximum of five (5) lots per two
(2) acres; (Amended 21610I)
Maximum permissible impervious surface coverage as defined in this ordinance
shall not exceed 36% of the total lot area, or 24% of the total lot area if the lot
abuts a curb and gutter street system.
OPTION 2:
w/o water and sewer: 21,780 square feet (1/2 acre), with a maximum of two lots per
acre; (Amended 2/6/01)
water and sewer: 15,000 square feet (1/3 acre), with a maximum of five (5)
lots per two (2) acres, or 21,780 square feet if the lot abuts a curb and gutter
street system, with a maximum oftwo (2) Jots per acre. (Amended 2/6/01)
Maximum permissible lot coverage by principal and accessory buildings shall not
exceed 30% of the total lot area.
4. Dimensional Requirements:
a. Minimum required mean lot width:
100 feet.
b. Minimum lot width at building line:
90 feet.
c. Minimum frontage on a public street:
45 feet.
d. Minimum required front yard:
35 feet.
e. Minimum required side yard:
12 feet.
f. Side yard abutting a street:
15 feet
g. Minimum required rear yard:
35 feet
h. Maximum height of buildings:
35 feet
Off-street parking shall be provided, as required in Article XI, Section 110 of this
Ordinance
5. Location of Accessory Buildings.
No accessory building shall be erected in any required front or side yard or within twenty
(20) feet of any street line or within ten (10) feet of a lot line not a street line, and provided that
in case of a comer lot with reversed frontage, no accessory building shall extend beyond the
front line of the lots in the rear.
23

6. ComerVisibility,
On a comer lot, within the area formed by the center lines of the intersecting streets and a line
joining points of such center lines at a distance of eighty (80) feet from their intersection, there
shall be no obstruction to vision between a height of two (2) feet and height often (10) feet
above the average center line grade of each street.
7. Signs
(a) WALL MOUNTED SIGNS: Signs mounted flat to the main wall of a building may
not exceed six (6) square feet in area and shall not be illuminated.
(b) REAL ESTATE SIGNS: Such signs may not exceed six (6) square feet in area, three
(3) feet in height, and shall not be illuminated. These same provisions apply to signage
for home occupations.
(c) ON -PREMISE FREESTANDING SIGNS: Signs for permitted uses not mentioned
above are not to exceed eighteen (18) square feet in area, six (6) feet in height.
Internal illumination is permitted. No more than one sign is permitted per lot.
All signs must be located at least ten (10) feet from any street right-of-way and property line.
(Amended 212199)
24

Section 81 RA-20 Residential Medium Density District.
The RA-20 Residential Medium Density District is established as district in which the principal use of
the land is for single family, two-family, and multi -family residences. Housing types include
immobile, manufactured and modular homes, subject to the applicable housing provisions of this
Ordinance. The regulations are intended to prohibit any use, which, because of its character would
interfere with the residential nature of this district, and to insure that residential development not
having access to public water supplies and dependent upon septic tanks for sewage disposal will
occur at sufficiently medium densities to insure ahealthful environment.
_ The following uses are permitted:
a. Single family dwellings.
b. Manufactured Homes (Individual) subject to the provisions of Article IX, Section 95 of
this Ordinance.
C. Two-family dwellings.
d. Multi -family dwellings.
e. Condon* iums, cooperative dwellings.
f. Any form of agriculture or horticulture (greenhouses and nurseries), including the
sale of products at a retail stand on the property where produced.
g. Cemeteries, public and private.
h. deleted
Kindergartens and day nurseries, provided that not less than two hundred (200) square
feet of play area is provided for each child and provided further, said aggregate play
space is surrounded by a sturdy fence at least five (5) feet in height.
Rest and convalescent homes.
k. Churches and their customary related uses, including cemeteries provided that all
buildings and graves shall be set back at least twenty (20) feet from any property line.
Public and private elementary and secondary schools having curricula
approximately the same as ordinarily given in public schools.
M. Industrial trade schools.
n. deleted
o. Public safety facilities such as fire and police stations and rescue squad
headquarters, provided that all vehicles and equipment shall be stored indoors;
provided further, that all buildings shall be set back at least twenty (20) feet from all
25

property lines and shall be designed and landscaped in such a way as to blend with the
surrounding area.
p. Public works and public utility facilities such as transformer stations, water towers
and telephone exchanges, provided:
(1) Such facilities are essential to the service of the immediate area and no
vehicles ormaterial shall be stored onthe premises;
(2) All buildings and apparatus shall be set back at least twenty (20) feet from all
property lines and shall be designed and landscaped in such a way as to blend
in with the surrounding area; and
(3) Such facilities as water towers, pumping stations, and so forth, shall be
surrounded by a chain link fence at least six (6) feet in height.
q. Customary accessory uses and structures, including private garages, carports,
parking decks, swimming pools, and other accessory structures.
Family care and group homes.
Noncommercial kennels.
2. Signs.
(a) WALL MOUNTED SIGNS: Signs mounted flat to the main wall of a building may
not exceed six (6) square feet in area and shall not be illuminated.
(b) REAL ESTATE SIGNS: Such signs may not exceed six (6) square feet in area, three
(3) feet in height, and shall not be illuminated. These same provisions apply to
signage for home occupations. Only one sign permitted per lot.
(c) ON -PREMISE FREESTANDING SIGNS: Signs forpermitted uses notmentioned
above are not to exceed eighteen (18) square feet in area, six (6) feet in height.
Internal illumination is permitted. No more than one sign is permitted per lot.
(d) TEMPORARY SIGNS OR BANNERS are permitted when authorized by the Town
Council.
All signs must be located at least ten (10) feet from any street right-of-way and
property line. (Amended 2/2/99)
Special Uses.
The following special uses are permitted when authorized by the Cajah's Mountain Board
of Adjustment after said board holds apublic hearing. (Amended 3/06/01)
Accessory buildings in the side yard provided they meet all principal structure setbacks, they
conform to any recorded deed restrictions, and they blend into and maintain the
architectural environment of the principal structure and surrounding neighborhood.
26

(Amended 12/2/03)
b. Planned unit developments, subject to conditions under Section I05 of this Ordinance.
c. Airstrips and heliports.
d. Hotels, inns and motels.
e. Offices for physicians, dentists, lawyers, accountants, insurance agents and similar
professional persons, subject to the provisions of Subsections 80.3.5 and 80.3.6 of this
Article.
f Drive-in theaters, subject to the following:
(!) No part of the theater screen, projection booth, or other building shall be located
closer than five hundred (500) feet to any residential district nor closer than fifty
(50) feet of any property line or public right-of-way; and no parking space shall be
located closer than one hundred (100) feet to any residential district;
(2) The theater screen shall not face a major street or highway; and reservoir parking
space off the street shall be provided for patrons awaiting admission in an amount
of not less than thirty percent (30%) of the vehicular capacity of the theater.
g. Customary home occupations, including dressmaking, cooking and baking, hairdressing,
music instruction, the renting of not more than one (1) room; the practice of such professions
as insurance and accounting, shall be permitted as accessory uses in a residence; backyard
workshops for building tradesmen, small appliance repair shops, but excluding open
storage; the Board of Adjustment shall decide whether other home occupations not listed
here are within the spirit of this category of accessory uses.
h. Public and private parks, playgrounds, community centers, clubs, and lodges, golf courses,
swimming pools, fishing lakes, and family campgrounds; the Board of Adjustment
shall decide whether other similar recreation uses not listed here are within
the spirit of this category.
4. Minimum Lot Sizes and Maximum Lot Coverage.
A. Lots located outside the WS-4 Protected Area:
Lots to be developed for single family detached dwellings. (Amended 2/6/01)
w/o water and sewer: 20,000 square feet, with a maximum of two (2) lots per acre;
(Amended 2/6/01)
water and sewer: 15,000 square feet, with a maximum of five (5) lots per two
(2) acres; (amended 2/6/01)
Lots to be developed for multi -family dwellings. (Amended 2/6/01)
27

w/o water and sewer: 20,000 square feet for the first unit, and 10,000 square feet for
each additional unit.
water and sewer: 15,000 square feet for the first unit, and 5, 000 square feet for
each additional unit.
Maximum permissible lot coverage by principal and accessory building shall not
exceed 20% of the total lot area.
B. Lots located within the WS-4 Protected Area:
Lots deeded prior to October 1, 1993 that are to be developed for single family detached
dwellings, or where the development does not require a Sedimentation/Erosion
Control Plan under State law:
w/o water and sewer: 20,000 square feet, with a maximum of two (2) lots per acre.
(Amended 2/6/01)
water and sewer: 15,000 square feet, with a maximum of five (5) lots per two
(2) acres; (Amended 2/6/01)
Maximum permissible lot coverage by principal and accessory building shall not
exceed 20% of the total lot area.
Lots deeded on or after October 1, 1993, that are to be developed for single family detached
dwellings:
OPTION 1:
w/o water and sewer: 20,000 square feet, with a maximum of two (2) lots per acre;
(Amended 2/6/01)
water and sewer: 15,000 square feet, with a maximum of five (5) lots per two
(2) acres; (Amended 2/6/01)
Maximum permissible impervious surface coverage as defined in this ordinance shall
not exceed 36% of the total lot area, or 24% of the total lot area if the lot abuts a
curb and gutter street system.
OPTION 2:
w/o water and sewer: 21,780 square feet (1/2 acre), with amaximum of two (2) lots
per acre; (Amended 2/6/01)
water and sewer: 15,000 square feet, with amaximum of five (5) lots per
two acres, or 21,780 square feet (112 acre) if the lot abuts a
curb and gutter street system, with a maximum of two
W.

(2) lots per acre. (Amended 2/6/01)
Maximum permissible lot coverage by principal and accessory building shall not exceed
20% of the total lot area.
Lots to be developed for multi -family dwellings, regardless of date of recordation: OPTION 1:
w/o water and sewer: 20,000 square feet for the first unit, and
10,000 square feet for each additional attached unit; (Amended
2/6/01)
water and sewer: 15,000 square feet for the first unit, and
5,000 square feet for each additional attached unit. (Amended
2/6/01)
Maximum permissible impervious surface coverage as defined in this ordinance shall
not exceed 36% of the total lot area, or 24% of the total lot area if the lot abuts a
curb and gutter street system.
OPTION 2:
w/o water and sewer: 21,780 square feet (1/2 acre) for each unit; (Amended 2/6/01)
water and sewer: 15,000 square feet for each unit, or
21,780 square feet (112 acre) for each unit if the lot abuts a
curb and gutter street system. (Amended 2/6/01)
Maximum permissible lot coverage by principal and accessory building shall not
exceed 20% of the total lot area.
5. Dimensional Requirements.
a. Minimum mean lot width per dwelling unit: 100 feet.
b. Minimum lot width at building line: 90 feet.
c. Minimum frontage on apublic street: 45 feet.
d. Minimum required front yard: 35 ft.
C. Minimum required side yard: 12 feet.
f. Minimum required rear yard: 35 feet.
6. Location of Accessory Buildings.
No accessory building shall be erected in any required front or side yard or within
twenty (20) feet of any street line or within ten (10) feet of any property line, and
provided that in case of a corner lot with reversed frontage, no accessory building shall
extend beyond the front line of the lots in the rear. (Amended 2/2/99)
29

Corner Visibility.
On a corner lot, within the area formed by the center lines of the intersecting streets
and a line joining points of such center lines at a distance of eighty (80) feet from
their intersection, there shall be no obstruction to vision between a height of two (2)
feet and a height of ten (10) feet above the average center line grade of each street.
(Amended 2/2/99)
79H

Section 82. Office and Institutional District.
The Office and Institutional District is designed to provide a wide range of professional and
economic office space, as well as space for public and quasi -public uses.
1. The following uses are permitted:
a. Public or privately owned medical and dental clinics, and offices where medical or
dental services are rendered.
b. Funeral homes.
C. Banks (except drive-in banks) and loan offices and agencies.
d. Business, professional, government, religious, charitable or fraternal offices or
agencies and private clubs not engaged in retail sales to the general public or the
maintenance of a stock of goods, merchandise or supplies on the premises.
e. Libraries, art galleries, museums, music or dancing institutions or schools.
f. Auditoriums, armories, and publicly owned and operated recreational facilities.
g. Publicly owned institutions, except jails, correctional institutions, and hospitals or
institutions operated principally for the treatment of mental, alcoholic or narcotic
patients.
h. Customary accessory uses and structures when located on the same zoning lot asthe
principal structure, excluding however, open storage.
2. Special Uses:
The following uses are permitted when authorized by the Cajah's Mountain Board of
Adjustment after said Board holds apublic hearing
a. Drive-in banks.
b. Public utility and service uses.
c. Hospitals or other facilities operated principally for the treatment of alcoholic, narcotic or
other substance abuse patients (Amended Apri120I 0).
3. Minimum Lot Sizes and Maximum Lot Coverage.
A. Within the 0-I Office and Institutional District as shown on the zoning map, there is no
minimum lot size and development activities can cover I00% of the lot area within the required
setbacks.
B. For development activities located within the WS-4 Protected Area that require a
Sedimentation/Erosion Control Plan, the maximum permissible impervious surface coverage,
31

as defined in this ordinance, shall not exceed 36% of the total lot area, or 24% of the total lot
area if the lot abuts a curb and gutter street system.
4. Dimensional Requirements.
a. Minimum required front yard: 15 feet.
b. Minimum required side yard: none required, except when abutting a residential
district, then and eight (8) feet side yard shall be required, as shall be a buffer strip as
defined by Article VI of this Ordinance.
C. Minimum required rear yard: 15 feet.
d. Minimum frontage on a public street: 45 feet.
d . Maximum building height: 35 feet.
5. Signs.
a. ON PREMISES WALL SIGNS placed against the exterior walls of the buildings
shall not exceed more than six (6) inches outside of a building's wall surface, shall not
exceed fifteen (15) square feet in area for any one premise, and shall not exceed ten (10)
feet in height above the natural ground line.
b. ON PREMISES GROUND SIGNS not exceeding one per lot shall not exceed ten (I
0) feet in height above the natural ground line, shall meet all yard requirements for the
district in which they are located, shall not exceed fifteen (15) square feet in surface
area.
C. ROOF SIGNS. PORTABLE OUTDOOR ADVERTISING SIGNS, and
INTERMITTENT ILLUMINATION sings shall not be permitted.
d. WINDOW SIGNS shall be placed only on the inside of professional buildings and shall
not exceed twenty-five percent (25%) of the glass area of the pane upon which the sign
is displayed.
e. OFF PREMISES SIGNS CBILLBOARDS) provided the use advertised is located within
1000 feet of the billboard, and the total sign area does not exceed sixteen (16) square feet
per side. Height is limited to ten (10) feet above the natural ground line.
6. Off-street parking and loading requirements.
Off street parking facilities shall be provided in accordance with Article X I, Section 1 10 of this
Ordinance.
7. Location of Accessory Buildings.
No accessory building shall be erected in any required front or side yard or within twenty
(20) feet of any street line or with in ten (I 0) feet of any property line, and provided that in
case of a comer lot with reversed frontage, no accessory building shall extend beyond the front
line of the lots in the rear. (Amended 2/2/99)
32

8. Corner Visibility.
On a corner lot, within the area formed by the center lines of the intersecting streets and a
linejoining points of such center lines at a distance of eighty (80) feet from their
intersection, there shall be no obstruction to vision between a height of two (2) feet and a
height of ten (10) feet above the average center line grade of each street. (Amended 2/2/99)
9. Facade Requirements
(1)All exterior building materials, except for the rear side not visible to the public, shall consist of,
but not limited to, brick, sandstone, stucco, and other native stone and tinted/textured concrete
masonry units. Synthetic materials offering similar appearances may also be utilized. Smooth faced
concrete block and corrugated metal panels are prohibited.
(2) Building trim and accent areas may feature brighter colors, including primary colors, but neon
tubing shall not be an acceptable feature for building trim or accent areas.
(3) All trash containers must be screened from view of public streets and contained within an enclosure.
(4) Applicants seeking deviation from ordinance must apply for variance.
33

Section 83. General Business District.
The B-1 General Business Districts are located on major thoroughfares and collector streets in
Cajah's Mountain. They are intended to provide for offices, personal services, the retailing of
durable and convenience goods to the community and surrounding areas, as well as concentrate
permitted activities with utilities and streets.
L The following uses are permitted:
a. Any retail business or service establishment not otherwise referred to in this section,
whose principal activity is conducted within an enclosed building and is devoted to
retail sales and services. If any doubt arises as to any retail or service use not listed
herein, the Board ofAdjustment shall make that determination.
b. Audio and video retail, rental, and repair shops.
C. Auditoriums, armories, and publicly owned and operated recreational facilities.
d. Automobile parking lots and structures, excluding junkyards and open storage.
Automobile parts and supplies.
f. Automobile sales, new andused.
g. Bakeries, retail.
h. Banks (except drive-in banks) and other financial institutions, including loan and
finance companies.
Barber and beauty shops.
Electronic gaming operations as defined by 61.26.1 provided that:
1. Each Gaming Operation shall have a business license from the Town and
shall pay all applicable fees set forth by the Town Council.
2. Minimum of one hundred (I00 feet of separation from any residential zoning
district, measured as a straight line distance from the nearest limit of the
residential zoning district to the nearest exterior wall of the business.
3. Minimum of one thousand (1,000') feet of separation between electronic
gaming/internet sweepstakes establishments, measured as a straight line
distance between the nearest exterior walls of the businesses.
4. Minimum of five hundred (500) feet of separation from religious institutions,
schools, child care centers, recreation centers or parks, measured as a straight line
distance to the nearest exterior wall of the business. Hours of operation limited to
8am-12am Monday through Saturday, shall be closed on Sunday.
5. Machines must be compliant with State and Federal Law.
6. No one under 18 years of age permitted to use the machines. Age must be
verified for all customers who use the machines.
'9i!

7. No one under 18 years of age permitted to supervise or operate an electronic
gaming operation. Age of all employees must be verified.
8. There shall be one (I) parking space for every two (2) electronic gaming
machines.
9. Electronic gaming/internet sweepstakes machines may be allowed as
accessory uses to otherwise lawful businesses but the primary businesses
shall meet all the above requirements as it pertains to electronic gaming
operations. No more than two (2) machines shall be allowed as an accessory
use. (Amended November2012)
k. Building materials storage, contractors offices, and supply yards, provided that they are
fenced by a solid fence not less than six (6) feet in height.
Bus terminals.
in. Business, professional, government, religious, charitable or fraternal offices or
agencies and private clubs not engaged in retail sales to the general public or the
maintenance of a stock of goods, merchandise or supplies on the premises.
n. Dairy bars and ice cream manufacturing forretail sales on the premises only.
o. Drug stores, with orwithout fountains.
p. Dry cleaning andlaundry pick-up stationsanddry cleaningplants.
q. Electric repair shops.
r. Fire andpolice stations.
S. Floral and gift shops.
t. Funeral homes.
U. Hotels,motels,andinns.
V. Food stores and meat markets, retail only, but excluding the killing of flesh or fowl.
W. Jewelry repair shops and opticians.
X. Kennels, commercial.
y. Laundromats.
Z. Libraries, art galleries, museums, music or dancing institutions or schools. aa.
Locksmiths and gunsmiths
bb. Newspaper offices andprintingplants incidental tosuch offices. cc.
35

Office supplies and equipment, sales and service.
dd. Photographic studios.
ee. Printing, publishing and reproduction establishments.
ff. Public or privately owned medical and dental clinics, and offices where medical or dental
services are rendered.
gg. Publicly owned institutions, except jails, correctional institutions, and hospitals or
institutions operated principally for the treatment of mental, alcoholic or narcotic
patients.
hh. Public works andutility facilities, but excluding service and storage yards.
ii. Restaurants, including drive-in restaurants, provided such drive-in restaurants are
fenced on all sides which abut residential districts. Fences shall be solid from the
ground to a height of six (6) feet.
J. Retail establishments such as department, clothing, fabric, shoe, variety, notion, drug,
hardware, furniture, appliance, floor covering, paint, antique, art goods, jewelry,
gift, music, toy, sporting goods, book and stationary, magazine, candy, tobacco, pet
and hobby and craft stores, but not excluding other similar retail outlets.
kk. Service stations and convenience stores, provided that all gasoline pumps and other
stationary equipment shall be located at least twelve (12) feet behind the property or right-
of-way line, provided further, that on all sides where such stations and convenience
stores abut residential districts, a six (6) feet high fence and suitable landscaping shall
be provided.
II. Manufactured home (new) sales lots.
mm. Sexually oriented businesses as defined in Section 60.1, provided however:
a. No more than one (1) sexually oriented business can be located within a
two thousand (2,000) foot radius (determined by a straight line from the
front entrance ofthe sexually oriented business and not street distance)
from any other sexually oriented business.
b. No sexually oriented business can be located within a five hundred (500)
radius (determined by a straight line and not street distance) of the closest
boundary line of any residential district within the Town's zoning
jurisdiction, and any church, school, day care, public park, or playground
within or without the town's zoning jurisdiction.
nn. Tailor and dressmaking shops.
oo. Taxicab stands.
Mel

pp. Telephone and telegraph offices.
qq. Theaters, indoor
rr. Customary accessory uses and structures when located on the same lot as the principal
structure, including open storage provided the area devoted to open storage is enclosed
by a solid fence not less than six (6) feet in height.
2. Special Uses.
The following uses are permitted when authorized by the Cajah's Mountain Board of
Adjustment after said Board holds apublic hearing.
a. Cabinet, woodworking and upholstery shops.
b. Mixed uses, that is, buildings erected for both dwelling and business purposes.
C. Bowling alleys and skating rinks, miniature golf courses, and other commercial
recreational facilities.
d. Planned Unit Developments in accordance with Section 105.10 of this Ordinance.
(Amended 1015/99)
e. Hospitals or other facilities operated principally for the treatment of alcoholic,
narcotic or other substance abuse patients (Amended Apri12010).
3. Minimum Lot Sizes and Maximum Lot Coverage.
A Within the G-B General Business District, as shown on the zoning map, the minimum lot size
is 8,000 square feet per unit, and development activities can cover 100% of the total lot area
within the required setbacks.
B. For development activities located within the WS-4 Protected Area that require a
Sedimentation/Erosion Control Plan, the maximum permissible impervious surface
coverage, as defined in this ordinance, shall not exceed 36% of the total lot area, or 24% of the
total lot area if the lot abuts a curb and gutter street system.
4. Dimensional Requirements.
a. The minimum lot width shall be 100 feet.
b. Fifty (50) feet minimum front yard setback required; off-street parking as required by
this Ordinance may be permitted in required yards but shall not be closer than ten
(10) feet from the front property line or any right-of-way line.
C. The minimum side yard setbacks shall be at least fifteen (15) feet. A side yard of
twenty (20) feet is required on a side street of a comer lot.
d. Minimum required rear yard shall be thirty (30) feet.
e. Height regulations for buildings and structures hereafter erected or structurally
37

altered to exceed fifty (50) feet in height shall be set back from the lot line on the
ratio of one foot for each two feet rise above said fifty (50) feet.
Minimum required lot area per unit shall be eight thousand (8,000) square feet.
g. Minimum frontage on apublic street: 45 feet.
Signs.
a. ON PREMISES WALL SIGNS placed against the exterior walls of buildings shall not
exceed more than six (6) inches outside of a building's wall surface, shall not exceed
two hundred (200) square feet in area for any one premises, and shall not exceed
twenty (20) feet in height above the natural ground line.
b. ON PREMISES GROUND SIGNS not exceeding one per lot, shall not exceed
thirty (30) feet in height above the natural ground line, shall meet all yard
requirements for the district in which they are located, shall not exceed one hundred
fifty (150) square feet on one side, nor three hundred (300) square feet on all sides for
any one premises. Group signs are permitted, provided that the collective sign area
meets the requirements of this paragraph and such signs are securedto acentral support
structure.
ROOF SIGNS, PORTABLE OUTDOOR ADVERTISING SIGNS, and
INTERMITTENT ILLUMINATION signs shall not be permitted.
d. OFF PREMISES SIGNS <BILLBOARDS) provided the use adveltised is located
within I000 feet of the billboard, and the total sign area does not exceed sixteen (16)
square feet per side.
6. Offstreet parking and loading requirements.
Off-street parking facilities shall be provided in accordance with Article XI, Section 1 10 of this
Ordinance.
7. Screening Requirements
Whenever any B-1 district rear and/or side property line abuts upon a residential district or
site of an institutional use with no intervening natural buffer, any buildings or parking area
used for commercial purposes shall maintain a ten (10) foot buffer strip and within a portion
of the buffer strip there shall be planted a continuous screen of evergreen plants with an
initial height of at least six (6) feet by natural growth within no later than a two
(2) year period. (Amended 11/2/99)
8. Facade Requirements
(I) All exterior building materials, except for the rear side not visible to the public, shall consist of,
but not limited to, brick, sandstone, stucco, and other native stone and tinted/textured concrete
masonry units. Synthetic materials offering similar appearances may also be utilized. Smooth faced
IN

concrete block and corrugated metal panels are prohibited.
(2) Building trim and accent areas may feature brighter colors, including primary colors, but neon
tubing shall not be an acceptable feature forbuilding trim or accent areas.
(3) All trash containers must be screened from view ofpublic streets and contained within an enclosure.
(4) Applicants seeking deviation from ordinance must apply forvariance.

Section84. TCB Town Center Business District.
The intent of the Town Center Business (TCB) district is to encourage pedestrian use by being
centrally located in concentrated residential areas. Businesses permitted in this district shall caterto the
everyday needs of residents but may not include automobile -dependent uses. Areas to be
developed in the Town Center Business district uses shall have adequate infrastructure provided,
including but not limited to water, sewer and roads.
1. The following uses are permitted
a. Bakeries, retail.
b. Banks (except drive-in banks) and other financial institutions, including loan and
finance companies.
C. Barber and beauty shops.
d. Business, professional, government, religious, charitable or fraternal offices or
agencies and private clubs not engaged in retail sales to the general public or the
maintenance of a stock of goods, merchandise or supplies on the premises.
e. Community recreation centers.
f. Day care centers.
f Drug stores, with orwithout fountains.
g. Dry cleaning and laundry pick-up stations and dry cleaning plants.
h. Fireandpolice stations.
i. Floral and gift shops.
j. Food stores and meat markets, retail only, but excluding the killing of flesh or
fowl.
k. Jewelry repair shops.
I. Laundromats.
in. Libraries, art galleries, museums.
n. Office supplies and equipment, sales and service.
o. Public orprivately owned medical and dental clinics, and offices where medical or
dental services are rendered.
p. Restaurants, excluding drive-in restaurants.
.O

q. Retail establishments such as department, clothing, fabric, shoe, variety, notion,
drug, hardware, furniture, appliance, floor covering, paint, antique, art goods,
jewelry, gift, music, toy, sporting goods, book and stationary, magazine, candy,
tobacco, pet and hobby and craft stores, but not excluding other similar retail outlets.
r. Tailor and dressmaking shops.
S. Theaters, indoor
t. Customary accessory uses and structures when located on the same lot as the
principal structure, excluding open storage.
U. Mixed use structures, not exceeding 21,000 square feet in gross floor area.
2. Special Uses.
The following uses are permitted when authorized by the Cajah's Mountain Board of
Adjustment after said Board holds apublic hearing.
a. Mixed use structures exceeding 21,000 square feet. Applicant must submit
detailed site plans with the application for a special use permit.
b. Customary Home Occupations
c. Planned Unit Developments in accordance with Section 105.10ofthis Ordinance
d. Multi -family housing, otherthan that permitted as amixed use.
e. Single-family housing
f. Bed & Breakfast Inns
3. Minimum Lot Sizes andMaximum Lot Coverage.
A. Within the Town Center Business District, the minimum lot size is 8,000 square feet
per unit, and development activities can cover 100% of the total lot area within the
required setbacks.
B. For development activities located within the WS-4 Protected Area that require a
Sedimentation/Erosion Control Plan, the maximum permissible impervious surface
coverage, as defined in this ordinance, shall not exceed 36% of the total lot area, or24% of
the total lot area if the lot abuts a curb and gutter street system.
4. Dimensional Requirements.
a. The minimum lot width shall be 80 feet.
41

Ten (10) feet minimum front yard setback required.
c. The minimum side yard setbacks (including corner lots) shall be at least ten (10)
feet.
d. Minimum required rear yard shall be twenty (20) feet
Maximum building height is forty (40) feet
F. Minimum frontage on a public street: 45 feet
Signs
a. ON PREMISES WALL SIGNS placed against the exterior walls of buildings
shall not exceed more than six (6) inches outside of a building's wall surface,
shall not exceed forty (40) square feet in area for any one storefront
b. ON PREMISES GROUND SIGNS not exceeding one per lot, shall not exceed
fifteen (15) feet in height above the natural ground line, shall not exceed fifty
(75) square feet on one side, nor one hundred (150) square feet on all sides for
any one premises. Group signs are permitted, provided that the collective sign
area meets the requirements of this paragraph and such signs are secured to a
central support structure. Signs must be built with similar building materials as
the principal building(s) on the lot (i.e. brick, wood, etc.)
c. OFF PREMISE SIGNS, PORTABLE OUTDOOR ADVERTISING SIGNS, and
INTERMITTENT ILLUMINATION signs shall not be permitted.
6. Parking and loading requirements.
On -street (parallel or pull -in) parking shall be provided on all streets. Off-street parking
facilities shall be provided in accordance with Article XI, Section 110 of this Ordinance.
Off-street parking shall be located in the side and rear yards, or adequately screened from
public rights -of -way of state roads. In no case shall parking be located within ten (10) feet
of a public right-of-way. For loading and access purposes, a continuous network of alleys
is recommended for all lots in the Town Center Business district. Where feasible, adjacent
parking lots should be interconnected.
Other requirements.
Site plans that are submitted to the Town of Cajah's Mountain will also be reviewed for
the following requirements:
a. All utilities shall be placed underground.
b. All streets and driveways (excluding alleys) shall have a sidewalk on at least one
side, which is at least five (5) feet wide. Where feasible, sidewalks adjacent to
storefronts shall be ten (10) feet wide.
C. Street widths and rights -of -ways may be reduced from standards stated in the
Cajah's Mountain Subdivision Regulations if the Town Council determine it
necessary, only after recommendation ofthe Planning Board and Town Engineer to do
so.
For every acre included in the development (or area zoned TCB), a minimum of
2,100 square feet (approximately 5%) will be dedicated to the Town of Cajah's
Mountain, maintained aspublic open space, andwill remain undeveloped.
The area dedicated must be approved by the Town and shall be useable for the
purposes of park space or greenways; it should not simply be the least desirable or
42

buildable portion of the development. The Town will consider the topography of the
land, existing vegetation and waterways, as well connectivity to existing open space
when approving the dedicated area.
Trees shall be planted along all streets (excluding alleys) within the rights -of -way
parallel to the street.
All subdivisions must be approved through the Major Subdivision provisions ofthe
Cajah's Mountain Subdivision Regulations.
Site Plan Review
All development located within the boundaries of any Town CenterBusiness district shall
undergo athree (3) step review process. Thisprocess shall consist ofthe following steps:
a. The first step ofthe process will consist of an administrative review which will be
conducted by the Town Planner. The completed review will subsequently be
presentedto the Cajah'sMountain Planning Board forreviewandrecommendation.
b. The second step ofthe review process will consist ofareview and public hearing which
will be conducted by the Cajah's Mountain Planning Board. The Planning Board
will review the development plans to ensure all applicable requirements have been
met. The Planning Board will then make recommendations to the Cajah's
Mountain Town Council. Development plans that are to be reviewed by the Cajah's
Mountain Planning Board must be submitted to the Town at least twenty
(20) days prior to the next scheduled meeting ofthe Planning Board.
C. The third and final step ofthe process consists of a review and public hearing
which will be conducted by the Cajah's Mountain Town Council. The Town Council
will review the development plans to ensure all applicable requirements have been
met. The Town Council will ultimately either approve, approve with conditions or
disapprove the development plans. Development plans that are to be reviewed by the
Cajah's Mountain Town Council must be submitted to the Town at least twenty (20)
days prior to the next scheduled meeting of the Town Council.
Rezoning requirements.
The applicant/developer must submit an application for rezoning to the Town Planner;
included with this application must be a site plan depicting the boundaries of the area to be
rezoned and its relation to surrounding neighborhoods. The Town Council will consider the
following for each rezoning application:
a. The area to be rezoned is centrally located among neighborhoods in the community; the
core of the development is easily accessible via a 5-minute walk from nearby
neighborhoods.
b. If not adjacent to an existing TCB zone, the area to be rezoned shall be a minimum of
five (5) acres in size and be located within 1000 feet of a TCB district. If the property
is adjacent to an existing TCB zone, then the site plan must depict the proposed
connectivity to the adjacent TCB district. Due to the reduced lot sizes and setbacks,
public water and sewermust be available to the area to be rezoned.
10. Screening Requirements
Whenever any TCB District's rear and/or side property line abuts upon a residential
43

district or site of an institutional use with no intervening natural buffer, any buildings or
parking area used for commercial purposes shall maintain a "buffer strip" as defined in
Section 61.7 of this Ordinance, or a ten (IO) foot buffer strip. Within a portion of this
buffer strip there shall be planted a continuous screen of evergreen plants with an initial
height of at least six (6) feet by natural growth within no later than a two (2) year period.
(Amended 5/7/02)

Section 85 Light Manufacturing District.
The M-1 Light Manufacturing District provides a place for the location of industrial and other uses
which would be inimical or incompatible with general business or residential areas. It is intended to
permit in this district any use which is not inherently obnoxious to urban areas because of noise, odor,
smoke, light, dust orthe use of dangerous materials.
The following uses are permitted:
a. Any lawful retail, repair, or wholesaling use, not specifically referred to in this
section.
b. Gasoline, oil or fuel above ground, provided permit is obtained from the Bureau of
Fire Prevention required by the Fire Prevention Code.
C. Mixing plants for concrete or paving materials.
d. Stone crushing, cutting and polishing.
e. Storage of materials and equipment outdoors.
f. Hatcheries.
g. Wholesale and warehouse establishments.
h. Manufacture, processing or fabrication of the following products:
1. Animal feeds
2. Bedding, carpets, and pillows
3. Clothing, including hosiery
4. Electrical and electronic products
5. Foods and food products
6. Glass
7. Household appliances
8. Ice
9. Leather goods, not to include processing or storage of raw hides
10. Machine tools
11. Metals and metal products
12. Paper products, not including the manufacturing or processing of paper.
13. Plastics
14. Pottery, porcelain and vitreous china
15. Rubber, products, not to include the processing or manufacture of rubber
16. Textiles
17. Wholesale storage of gasoline and oil products, including bottled gas and
oxygen, provided the permit is obtained from the Bureau of Fire Prevention as
required by the Fire Prevention Code.
18. Furniture industries
45

2. Special Uses.
The following special uses are permitted when authorized by the Cajah's Mountain Board
of Adjustment after said board holds a public hearing:
a. Manufacturing uses not otherwise named herein which come within the
spirit and intent of this Section.
b. Planned Unit Developments in accordance with Section 105.10 of this
Ordinance. (Amended 10/5/99)
3. Signs.
Types of signs permitted are: (a) on premises ground sign, (b) on premises wall sign,
(c) projection sign, and (d) window sign. The size of individual business signs shall not
exceed two hundred (200) square feet.
Structures allowed for signs are restricted to single structure, back-to-back structure and
V- structure.
The maximum height of any ground sign shall not exceed ten (10) feet above the grade level
immediately below such sign.
Roof Signs, Portable Outdoor Advertising Signs, and Intermittent Illumination signs are
specifically prohibited.
If a single board structure is used, the reverse side of the sign must be painted, otherwise
treated so that its color will blend rather than contrast with its background.
There must be a minimum of two hundred (200) feet between business signs.
The location of any ground sign shall be at least twenty (20) feet from any public right-
of- way.
There shall be no more than one individual business sign oriented to each abutting road
identifying the activity.
Off Premises Signs (Billboards) provided the use advertised is located within 1000 feet
of the billboard, and the total sign area does not exceed sixteen (16) square feet per side.
4. Minimum Lot Sizes and Maximum Lot Coverage.
a. Within the M-1 Light Manufacturing District, as shown on the zoning map, the
minimum lot size shall be one (1) acre, and development activities can cover 40% of the
total lot area within the required setbacks.
b. For development activities located within the WS-4 Protected Area that require a
Sedimentation/Erosion Control Plan, the maximum permissible impervious surface
.o

coverage, as defined in this ordinance, shall not exceed 36% of the total lot area, or 24%
of the total lot area if the lot abuts a curb and gutter street system.
5. Dimensional Requirements: Within the M-1 manufacturing district as shown on the zoning
map, the following dimensional requirements shall be complied with:
a. The minimum mean lot width: 200 feet.
b . Minimum frontage on apublic street: 45 feet.
C. Minimum front yard setback:. 50 feet.
d . Minimum rear yard setback: 20 feet.
C. Minimum side yard setback: 15 feet.
f. No building shall exceed sixty-five (65) feet in height unless the depth of the front and
total width of the side yards herein specified shall be increased by one foot for each
two feet or fraction thereof of building height in excess of sixty-five (65) feet.
g. Off-street parking and loading shall be provided as required in Article XI, Section 110
of this Ordinance.
h. Off-street parking as required by this Ordinance may be permitted in required yards but
shall be no closer than ten (10) feet from the front property line or any dedicated street
or railroad right-of-way line.
6. Screening Requirements.
Whenever any M-1 district rear and/or side property line abuts upon a residential district or site
of institutional use with no intervening natural buffer, any buildings or parking area used
for industrial purposes shall maintain a fifteen (15) feet buffer strip and within a portion of
the buffer strip there shall be planted a continuous screen of evergreen plants with an initial
height of at least six (6) feet by natural growth within no later than a two (2) year period.
47

ARTICLE IX
GENERAL PROVISIONS
Section 90. Application.
No building or land shall hereafter be used and no building or part thereof shall be erected,
moved or altered except in conformity with the regulations herein specified for the district in
which it is located. (Amended 2/2/99)
Section 91. Reduction of Lot and Yard Areas Prohibited.
No yard or lot existing at the time of passage of this Ordinance shall be reduced in size or area
below the minimum requirements set forth herein, except for street widening. Yards or lots
created after the effective date of this Ordinance shall meet at least the minimum requirements
established by this Ordinance. (Amended 2/2/99)
Section 92. Relationship ofBuilding to Lot.
Every building hereafter erected, moved or structurally altered shall be located on a lot of record and
in no case shall there be more than one principal building and its customary accessory buildings
on any lot except in the case of multifamily residential areas, group housing developments, and
planned unit developments in an appropriate zoning district. (Amended 2/2/99)
Section 93. Nonconforming Uses.
After the effective date of this ordinance, existing structures, or the uses of land or structures which
would be prohibited under the regulations for the district in which it is located (if they existed on the
adoption date of this Ordinance), shall be considered as nonconforming. - Nonconforming
structures or uses (as defined in Section 60.64 of this Ordinance) may be continued provided they
conform to the following provisions:
93.1 Continuing Nonconforming Uses of Land.
93.11 Extensions of Use. The enlargement or extension of nonconforming uses of land are
discouraged; however, a nonconforming use of land may be enlarged or extended once
with the following provisions:
a. An application for a special use permit must be filed with the Board of
Adjustment and a public hearing held. The application shall include a site
plan with sufficient detail of the expansions and any alterations to be
made.Enlargement or alterations may not exceed twenty-five (25%) percent
of the original floor area existing at the time of enactment of this Ordinance.
b. No nonconforming use may be enlarged or altered if the intensity of the
current use will be increased substantially, as determined by the Board of
Adjustment. In determining whether the degree of intensity is increased, the
Board of Adjustment shall consider:
Probable traffic increase of each use

2. Parking requirements of each use
3. Probable number of persons on the premises at a time of peak
demand
4. Off -site impacts of each use, such as noise, glare, dust, vibration or
smoke and other impacts on surrounding properties or public health
and safety.
C. No such nonconforming use shall be moved in whole or in part to any
portion of the lot other than that occupied at the time of enactment of this
Ordinance.
d. Changing from one nonconforming use to another shall not permit
expansion more than once.
e. All dimensional requirements of the district in which the nonconforming use
is located must be met. (Amended 2/2/99)
93.12 Change of Use. Any nonconforming uses of land may be changed to a conforming use, or
with the approval of the Board of Adjustment, to any use more in character with the uses
permitted in this district.
93.13 Cessation of Use. All nonconforming uses of land involving minor structures such as
Junkyards, auto sales yards, signs, or any nonconforming uses similar to those enumerated,
shall be eliminated within two years from the date of adoption ofthis Ordinance.
93.2 Continuing the Use of Nonconforming Buildings.
93.21 Extensions of Use. Nonconforming buildings and nonconforming uses may be enlarged
provided the provisions of Section 93.11 are met. Additionally, no nonconforming
structure may be enlarged or altered in anyway which increases its dimensional deficiencies.
93.22 Change of Use. The lawful use of a building existing at the time of the adoption of this
Ordinance may be continued although such use does not conform with the provisions of
this Ordinance, and such building may be reconstructed or structurally altered and
nonconforming use therein changed subj ectto the following regulations:
(a) The order of classification of uses from highest to lowest for the purpose of this
section shall be as follows: residential district uses, business district uses, as
permitted by this Ordinance.
(b) A nonconforming use may be changed to a use of higher classification but not
to a use of lower classification, nor shall a nonconforming use be changed to
another use of the same classification unless the new use shall be deemed by the
Board of Adjustment, after public notice and hearing, to be less harmful to the
surrounding neighborhood, from the standpoint of the purposes ofthis Ordinance,
than the existing nonconforming use.
(c) The extension of a use to any portion of an existing building shall not be
deemed an extension of such nonconforming use, if at the time of the adoption
of this Ordinance such portion was primarily designed for such nonconforming
.•

use
(d) A nonconforming building damaged by fire, explosion, tornado, earthquake, or
similar uncontrollable cause to the extent of not more than sixty percent (60%)
of its assessed tax value at the time of the damage may be repaired or rebuilt within
one year of the date of such damage, but not thereafter. Nonconforming single-
family dwellings and modular homes, excluding manufactured homes, that are
damaged by fire, explosion, tornado, earthquake, or similar uncontrollable cause
may be repaired or rebuilt within one year of the date of such damage, but not
thereafter, provided it meets the requirements of Sections 80.3 — 7 of this
ordinance, unless prohibited by physical limitations. (Amended 5-4-04)
(e) Existing single-family residential structures in business or industrial districts may
be enlarged, extended or structurally altered, provided that no additional dwelling
units result there from. However, any enlargements, extensions or alterations shall
comply with the dimensional requirements determined by the Board of
Adjustment.
(f) If a nonconforming use is discontinued, any future use of the buildings and
premises shall be in conformity with the provisions of this Ordinance. A
reasonable interim, however between tenants or occupant shall not be construed
to mean discontinuance.
93.23 Cessation of Use. If active operations are discontinued for a continuous period of 180
days with respect to a nonconforming use of a building, such nonconforming use shall
thereafter be occupied and used for a conforming use. Continuing the Non -Conforming
Use of Manufactured Homes and Manufactured Homes Parks.
93.31 Extension ofUse. Nonconforming Manufactured Homes and Manufactured Home Parks
existing at the time of the adoption of this Ordinance shall be allowed to continue to
their present existence, but shall not be allowed to expand, increase or bring in another
Manufactured Home to replace an existing or damaged Manufactured Home unless this
nonconforming use or area has been rezoned to allow individual Manufactured Homes
or Manufactured Home Parks or unless the replacement unit is in full compliancewith
Section 96 ofthis Ordinance.
Section 94. Announcement Signs and Structures.
All announcement signs and structures, which include business signs as defined by this Ordinance,
shall be approved by the zoning enforcement officer and shall comply with the following
regulations:
94.1 Location. No advertising sign or structure shall be erected, constructed or maintained so as to
interfere with vision clearance along any street, road or highway or at any intersection or
junction of two or more traffic arteries. Nor shall any advertising sign or structure be
located within the street, road or highway right-of-way.
94.2 Illumination. No flashing or intermittent lights are permitted. All illuminated signs or
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structures shall be placed so as to prevent the light rays or illumination therefrom being cast
upon residential dwellings. However, any sign performing a public service function
indicating time, temperature, stockmarket quotations or similar services shall be permitted.
94.3 Maintenance. All advertising structures, together with any supports, braces, guys and
anchors shall be kept in good repair and in a safe state of preservation. All signs, including
political signs, erected to serve temporary purposes shall be removed within 60 days, unless
removal is required within 15days as provided in subsection 94.6.
94.4 Administration. The zoning enforcement officer shall refuse a permit for the erection or
construction of any advertising sign or structure which does not meet the requirements of this
section. The zoning enforcement officer shall order the removal of any signs that are not
constructed ormaintained in accordance with the provisions ofthis section.
94.5 Nonconforming Signs. Within eighteen (18) months of the enactment of this ordinance, the
following nonconforming signs within the town limits of Cajah's Mountain shall be
eliminated: a) nonconforming signs located within the sight triangle of intersecting streets or
driveways; b) portable signs; c) any nonconforming sign which causes a traffic or safety
hazard, as determined by the zoning enforcement officer. An inventory of the above signs
shall be completed by the zoning enforcement officer and property owners notified within
three (3) months of the enactment of this ordinance. (Amended 2/2/99, 4/6/99)
94.6 Portable Signs. Portable signs are expressly prohibited from use within the Town of Cajah's
Mountain except when permitted as a temporary use for non-profit organizations provided that
a Zoning Permit is secured for such use, and further provided that the use of such signs shall not
be permitted for more than 15 consecutive days. A minimum 120-day period shall elapse
between uses of temporary portable signs on any lot or for any event for which the sign is
permitted.
Section 95. Provisions for Individual Manufactured Homes.
The purpose of these regulations is to promote sound neighborhood development and appearance,
protect community property values, and to preserve the integrity and character of neighborhoods.
Manufactured Homes or Modular Homes are permitted on individual lots in the RA-20 district
subject to the following conditions:
95.I The lot must be recorded as an individual lot.
95.2 Ifmunicipal utilities are not available, the well and/or septic tank must be approved by the
Caldwell County Health Department.
95.3 All yard dimensional requirements for the respective district must be met.
95.4 The lot must front a public street and said street frontage will be considered the front of the lot.
95.5 Manufactured Homes may be placed on undeveloped land for temporary purposes incidental
to construction or development of property within the Town of Cajah's Mountain for a period
not to exceed I80 days. Extensions may be granted for a period as may be determined by
51

the Town Council, but no longer than construction shall continue. Furthermore, no
Manufactured Home shall be placed on land until construction commences nor when there is
any existing structure of facility on the property which may be suitable or designed for the
purpose for which the Manufactured Home is sought to be used. Manufactured Homes may
also be used as temporary living quarters in the event of a natural disaster such as fire, flooding,
etc, which would render the former residence uninhabitable.
95.6 Exterior finishes shall be in good repair and in no case shall the degree of reflectivity of the
exterior siding, foundation skirting and roofing exceed that of gloss white.
95.7 A continuous enclosure, unpierced except for required ventilation and access shall be
installed. The enclosure may consist of brick or concrete block, or wood, vinyl or metal
fabricated for this purpose. Any wood framing for foundation skirting shall be constructed with
treated lumber.
95.8 Permanent steps shall be constructed at all exterior doors as necessary and a permanent
porch or patio measuring at least three feet in width and five feet in length shall be
constructed atthe front ormain entrance to the manufactured ormodular home.
95.9 The running lights shall be removed and the hitch shall either be removed or screened with
shrubbery.
95.10 All standards listed in this subsection must be met prior to issuance of a Certificate of
Occupancy.
Section 96. Provisions for Replacement of Existing Manufactured Housing in the Residential
Low Density (R-20) Zoning District.
Nonconforming manufactured homes in the R-20 districtmaybe replaced, provided thatthe
replacement structure meets all of the provisions below:
96.1 The replacement must be no more than three years old;
96.2 The replacement must be placed on a permanent masonry foundation that meets the North
Carolina State Building Code for site -built homes;
96.3 Foundation exteriors must be bricked, rocked, or stuccoed to completely screen concrete
blocks from view from any street;
96.4 The foundation shall be unpierced except for required ventilation and access. Access doors
shall be constructed of treated lumber or other insect and rot resistant materials, and painted or
stainedto closely match the exterior finish ofthe manufactured home;
96.5 All exposed soil in the crawl space shall be covered with a 6 mil or thicker plastic vapor
barrier;
52

96.6 All roofs must be shingled and have a minimum pitch of 3.5 feet for every 12 feet of linear
distance. Such roof shall be the original roof of the structure as installed by the
manufacturer;
96.7 The exterior of the manufactured home must be vinyl, wood, or similar lap siding or
simulated cut stone;
96.8 A patio, deck, or porch of at least 75 square feet must be located at the main front or rear
entrance and shall be constructed of treated lumber or masonry. All other entrances shall have
a landing of a minimum of 10 square feet. Permanent stairs shall be required at all entrances
and be constructed of treated lumber or masonry. Porches and decks must be skirted with
treated lumber or masonry so as to screen the area under decks and porches from view from
adjacent property. It is preferred that masonry porches be an integral part of the foundation
required in Section 2 above;
96.9 The length of the manufactured home shall not exceed four times its width;
96.10 All replacement manufactured homes shall have a minimum width of 24 feet or a minimum of
1,200 square feet of livable space;
96.11 All manufactured homes must be placed on a separately deeded and recorded lot that meets
the minimum standards of the Cajah's Mountain Zoning Ordinance;
96.12 Each manufactured home site must provide a minimum of two parking spaces, and all
driveways and parking areas must be surfaced with a minimum of four (4) inches of gravel if
asphalt or concrete are not used;
96.13 The front of the manufactured home must be faced toward the street frontage of the lot.
96.14 The replacement shall occur within 90 days following the removal from the site of the
manufactured home to be replaced.
Section 97. Vested Rights.
The purpose of this Section is to implement the provisions ofNCGS 160D-102 pursuant to which a
statutory zoning vested right is established upon approval of a site specific development plan.
97.1 Definitions.
a. Approval Authority. The Town Council, Planning Board, Board of Adjustment, Town
Manager, Town Planner, or other board or official designated by this Ordinance as being
authorized to grant the specific zoning or land use permit approval that constitutes a
site specific development plan.
b. Site Specific Development Plan. A plan of land development submitted to the
Town of Cajah's Mountain for purposes of obtaining one of the following zoning or
land use permits or approvals:
53

Zoning Permit, as provided by Section 121 ofthis Ordinance;
2. Special Use Permit, as provided by Section 135 ofthis Ordinance;
3. Variance, as provided by Section 135 of this Ordinance;
4. Minor Subdivision Approval;
5. Major Subdivision Approval.
Notwithstanding the foregoing, neither a variance, a sketch plan, nor any other
document that fails to describe with reasonable certainty the type and intensity of use
for a specified parcel or parcels of property shall constitute a site specific
development plan.
C. Zoning Vested Right. A right pursuant to G.S. 160D-102 to undertake and
complete the development and use of property under the terms and conditions of an
approved site specific development plan, provided that such development shall
begin within two years following issuance of the zoning vested right. Under the
terms of this Ordinance, a two-year zoning vested right shall be established upon
issuance ofaZoning Permit.
Section 98. Watershed Protection.
98.1 Authority and Enactment. The Legislature of the State of North Carolina has, in Chapter
160D, Article 19, Planning and Regulation of Development; and in Chapter 143, Article 21,
Watershed Protection Rules, delegated the responsibility or directed local governmental
units to adopt regulations designed to promote the public health, safety, and general welfare of
its citizenry. The Town of Caj ah's Mountain, North Carolina ("the Town"), does hereby ordain
and enact into law the following articles as the Watershed Protection Ordinance of Cajah's
Mountain, North Carolina.
98.2 Jurisdiction. The provisions of this Ordinance shall apply within the overlay zones
designated as a Public Water Supply Watershed as defined and established on the "Official
Zoning Map of Cajah's Mountain, North Carolina" ("the Zoning Map", "the Watershed
Map"), such overlay zones being adopted simultaneously herewith. The Watershed Map and all
explanatory matter contained thereon accompanies and is hereby made a part of this
Ordinance.
98.3 Exceptions to Applicability.
(A) Development activities that do not require a Sedimentation/Erosion Control Plan are
exempt from the requirements ofthis Section.
(B) Existing development, as defined in this Ordinance, is not subject to the
requirements ofthis Section. Existing development is defined as those projects that are
built or those projects that at a minimum have established a vested right under North
54

Carolina zoning law as of the effective date of this Ordinance based on at least one
ofthe following criteria:
(1) having expended substantial resources (time, labor, money) based on a good
faith reliance upon having received a valid local government approval to
proceed with the project;
(2) having an outstanding valid building permit as authorized by NCGS 160D-102
;or
(3) Having an approved site specific or phased development plan as authorized by
NCGS 160D-102.
(C) Expansions to structures classified as existing development must meet the
requirements of this Ordinance; however, the built -upon area of the existing
development isnotrequiredto be included inthe density calculations.
(D) Reconstruction of Buildings or Built -Upon Areas. Any existing building or built -
upon area not in conformance with the restrictions of this Ordinance that has been
damaged or removed may be repaired and/or reconstructed, except that there are no
restrictions on single-family residential redevelopment, provided:
(1) Repair or reconstruction is initiated within twelve (12) months and
completed within two (2)years of such damage.
(2) The total amount of space devoted to built -upon area may not be increased
unless stormwater control that equals or exceeds the previous development is
provided.
(E) If a non -conforming lot of record is not contiguous to any other lot owned by the
same party, then that lot of record shall not be subject to the development
restrictions ofthis ordinance if it is developed for single family residential purposes.
98.4 Cluster or Planned Unit Development. Cluster or Planned Unit Development is allowed in all
Watershed Areas under the following conditions:
(A) Development activities shall comply with the requirements of Sections 105 and 106 of
this Ordinance. Built -upon area for the project shall not exceed that allowed under
the low density option forthe WS-IV protected area.
(B) All built -upon areas shall be designed and located to minimize stormwater runoff
impact to the receiving waters andminimize concentrated stormwater flow.
(C) The remainder of the tract shall remain in a vegetated or natural state. The title to the
open space area shall be conveyed to an incorporated homeowners association for
management; to a local government for preservation as a park or open space; or to a
conservation organization forpreservation in apermanent easement.
98.5 Buffer Areas Required.
(A) A minimum one hundred (100) foot vegetative buffer is required for all new
55

development activities that exceed the low density option; otherwise, a minimum
thirty (30) foot vegetative buffer for development activities is required along all
perennial waters indicated in the most recent versions of USGS 1:24,000 (7.5
minute) scale topographic maps or as determined by local government studies.
Artificial streambank or shoreline stabilization is permitted.
(B) No new development is allowed in the buffer except for water dependent structures and
public projects such as road crossings and greenways and their appurtenances where
no practical alternative exists. These activities should minimize built -upon surface
area, direct runoff away from the surface waters and maximize the utilization of
stormwater Best Management Practices, defined as a structural or nonstructural
management -based practice used singularly or in combination to reduce nonpoint
source inputs receiving waters in order to achieve water quality goals.
98.6 Reserved.
98.7 Watershed Administrator and Duties thereof. The Cajah's Mountain Town Council shall
appoint a Watershed Administrator, who shall be duly sworn in. It shall be the duty of the
Watershed Administrator to administer and enforce the provisions of this Ordinance as
follows:
(A) The Watershed Administrator shall issue Watershed Protection Permits and
Watershed Protection Occupancy Permits as prescribed herein. A record of all
permits shall be kept on file and shall be available for public inspection during
regular office hours of the Administrator.
(B) The Watershed Administrator shall serve as staff to the Planning Board, Board of
Adjustment, and Town Council.
(C) The Watershed Administrator shall keep records of all amendments to the local
Water Supply Watershed Protection Ordinance and shall provide copies of all
amendments upon adoption to the Water Quality Section of the Division of
Environmental Management.
(D) The Watershed Administrator is granted the authority to administer and enforce the
provisions of this Ordinance, exercising in the fulfillment of his responsibility the full
zoning and police power of the Town of Cajah's Mountain. The Watershed
Administrator, or his duly authorized representative, may enter any building,
structure, or premises, as provided by law, to perform any duty imposed upon him by
this Ordinance.
(E) The Watershed Administrator shall keep a record of variances to the local Water
Supply Watershed Protection Ordinance. This record shall be submitted each
calendar year to the Water Quality Section of the Division of Environmental
Management on or before January 1st of the following calendar year and shall
provide a description of each project receiving a variance and the reasons for
granting the variance.
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98.8 Appeal from the Watershed Administrator.
(A) Any order, requirement, decision or determination made by the Watershed
Administrator may be appealed to and decidedby the Board ofAdjustment.
(B) An appeal from a decision of the Watershed Administrator must be submitted to the
Board of Adjustment within thirty (30) days from the date the order, interpretation,
decision or determination is made. All appeals must be made in writing stating the
reasons for appeal. Following submission of an appeal, the Watershed
Administrator shall transmit to the Board all papers constituting the record upon
which the action appealed from was taken.
(C) An appeal stays all proceedings in furtherance of the action appealed, unless the
officer from whom the appeal is taken certifies to the Board after the notice of
appeal has been filed with him, that by reason of facts stated in the certificate, a stay
would in his opinion cause imminent peril to life or property. In such case,
proceedings shall not be stayed otherwise than by a restraining order which may be
granted by the Board or by a court of record on application of notice of the officer
from whom the appeal is taken and upon due cause shown.
(D) The Board shall fix a reasonable time for hearing the appeal and give notice thereof to
the parties and shall decide the same within a reasonable time. At the hearing, any
party may appear in person, by agent orby attorney.
98.9 Establishment of a Watershed Review Board. There shall be and hereby is created the
Watershed Review Board consisting of the same membership as the Cajah's Mountain
Town Council. Terms for members of the Watershed Review Board shall coincide with
the membership terms for the Town Council.
98.10 Powers and Duties ofthe Town Council and Board ofAdjustment.
(A) The Board of Adjustment shall be responsible for reviewing and hearing all minor
watershed variance cases, and shall proceed as provided in Article XIII of the
Zoning Ordinance for zoning variances.
(B) Ifthe application calls for the granting of a major watershed variance, and if the Board
ofAdjustment decides in favor of granting the maj orwatershed variance, the Board shall
prepare a preliminary record of the hearing with all deliberate speed. The preliminary
record of the hearing shall include:
(I) The variance applications;
(2) The hearing notices, including written notification of each local government
having jurisdiction and each entity using the water supply for consumption
where the variance is being considered. Such notices shall be in accordance
with NCGS 160A-364;
57

(3) The evidence presented;
(4) Motions, offers of proof, objections to evidence, and rulings on them;
(5) Proposed findings and exceptions;
(6) The proposed decision, including all conditions proposed to be added to the
permit.
(C) The preliminary record shall be sent to the Environmental Management
Commission for its review as follows:
(I) If the Commission concludes from the preliminary record that the variance qualifies
as a major variance and that (1) the property owner can secure no reasonable
return from, nor make any practical use of the property unless the proposed
variance is granted, and (2) the variance, if granted, will not result in a serious
threat to the water supply, then the Commission shall approve the variance as
proposed or approve the proposed variance with conditions and stipulations. The
Commission shall prepare a Commission decision and send it to the Board of
Adjustment. If the Commission approves the variance as proposed, the Board
shall prepare a final decision granting the proposed variance. If the Commission
approves the variance with conditions and stipulations, the Board shall prepare
a final decision, including such conditions and stipulations, granting the proposed
variance.
(2) If the Commission concludes from the preliminary record that the variance
qualifies as a major variance and that (1) the property owner can secure a
reasonable return from or make a practical use of the property without the
variance or (2) the variance, if granted, will result in a serious threat to the water
supply, then the Commission shall deny approval of the variance as proposed.
The Commission shall prepare acommission decision and send it to the Board
of Adjustment. The Board shall prepare a final decision denying the variance
as proposed.
(D) Approval of all development greater than the low density option shall be the
authority ofthe Town Council.
98.11 Appeals from the Town Council or Board of Adjustment. Appeals from the Town Council
must be filed with the Superior Court within 30 days from the date of the decision. The
decisions by the Superior Court will be in the manner of certiorari.
98.12 High Density Development Standards.
The Town Council may approve high density development proposals in the Residential Low
Density, Residential Medium Density, Office and Institutional, Town CenterBusiness, General
Business and Light Manufacturing districts, as shown on the zoning map, consistent with
the following standards (Amended 11/05/02):
W.

WS-IV-PA Watershed Areas
Where new development requires a Sedimentation/Erosion Control Plan and
exceeds either 2 dwelling units per acre, 24% built -upon area (or 3 dwelling units per
acre or 36% built -upon area for projects without curb and gutter street system),
engineered stormwater controls shall be used to control runoff from the first inch of
rainfall and development shall not exceed 70%built-upon area.
98.13 High Density Development Permit Application.
(A) A High Density Development Permit shall be required for new development
exceeding the requirements ofthe low density option.
(B) Application for a High Density Development Permit shall be addressed and
submitted to the Town Council through the Watershed Administrator. Application
for a High Density Development Permit shall be made on the proper form and shall
include the following information:
(1) A completed High Density Development Permit Application signed by the
owner of the property. The signature of the consulting engineer or other
agent will be accepted on the application only if accompanied by a letter of
authorization;
(2) Ten (10) reproducible copies of the development plan including detailed
information concerning built -upon area;
(3) Ten (IO) reproducible copies of the plans and specifications of the
stormwater control structure consistent with Section 98.14;
(4) When required by law, written verification that a soil erosion and
sedimentation control plan has been approved by the appropriate State or
localagency;
(5) Permit Application Fees consistent with Section 98.17;
(C) Prior to taking final action on any application, the Board or the Watershed Administrator
may provide an opportunity to public agencies affected by the development proposal to
review and make recommendations on the application. However, failure of the agencies
to submit their comments and recommendations shall not delay the Board's action within
the prescribed time limit.
(D) Public Hearing. Upon receipt of a completed application, the Town Council shall hold
a public hearing. Notice of the hearing shall be published in a newspaper of general
circulation at least seven days prior to the date of the hearing. The notice shall state the
location of the building, lot or tract in question, the intended use of the property, the need
for engineered stormwater controls and the time and place of the hearing. At the hearing,
the applicant or designated representative thereof shall appear for the purposes of
offering testimony and recommendations concerning the application. The Board shall
also allot reasonable time for the expression of views by any member of the public
59

attending the meeting in person or represented by an attorney provided the testimony
bears on the findings the Board must make.
(E) The Town Council shall issue a High Density Development Permit within sixty-five
(65) days of its first consideration upon finding that the proposal is consistent with the
applicable standards set forth in the Watershed Protection Ordinance and the following
conditions are met:
(1) The use will not endanger the public health or safety if located where proposed
and developed according to the plan as submitted and approved;
(2) The use minimizes impacts to water quality through the use of Best Management
Practices, cluster development, and/or maximum setbacks from perennial waters;
(3) The use is vital to the continued growth and economic development of the Town
of Cajah's Mountain; and
(4) The use is consistent with the officially adopted land development plans for the
Town of Cajah's Mountain.
If the Town Council finds that any one of the above conditions is not met, the Board
shall deny the application.
(F) In addition to any other requirements provided by this Ordinance, the Board may
designate additional permit conditions and requirements to assure that the use will be
harmonious with the area in which it is proposed to be located and with the spirit of this
Ordinance. All additional conditions shall be entered in the minutes of the meeting at
which the permit is granted, on all plans and on the permit certificate. All conditions so
imposed shall run with the land and shall be binding upon the applicant and the
applicant's heirs, successors or assigns during the continuation of the permitted use.
(G) The Board shall issue a written ruling and make copies available at the office of the
Watershed Administrator and the Town Clerk. If the Board approves the application
based on its findings, such approval shall be indicated on the permit and all copies of
the site plan and all copies of the plans and specifications of the stormwater control
structure(s). A High Density Development Permit shall be issued after the applicant
posts a performance bond or other acceptable security as required in Section
98.15(B)(1) and executes an Operation and Maintenance Agreement as required in
Section 98.15(C). A copy of the permit and one copy of each set of plans shall be kept
on file at the Watershed Administrator's office. 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.
98.14 Stormwater Control Structures.
(A) All stormwater control structures shall be designed by a North Carolina registered
professional engineer.

(B) All stormwater controls shall use wet detention ponds as a primary treatment system
unless alternative stormwater management measures, as outlined in Section 98.14(C)
are used. Wet detention ponds shall be designed for specific pollutant removal
according to modeling techniques approved by the North Carolina Division of
Environmental Management. Specific requirements for these systems shall be in
accordance with the following design criteria:
(1) Wet detention ponds shall be designed to remove 85% of total suspended solids
in the permanent pool and storage run-off from a one -inch rainfall fromthe
site above the permanent pool;
(2) The designedrun-off storagevolume shallbe abovethe permanentpool;
(3) The discharge rate from these systems following the one -inch rainfall design
storm shall be such that the run-off does not draw down to the permanent
pool level in less than two (2) days and that the pond is drawn down to the
permanent pool level within at least five (5) days;
(4) The mean permanent pool depth shall be a minimum ofthree (3) feet;
(5) The inlet structure shall be designed to minimize turbulence using baffles or other
appropriate design features;
(6) Vegetative filters shall be constructed for the overflow and discharge of all
stormwater wet detention ponds and shall be at least thirty feet in length. The
slope and width of the vegetative filter shall be determined so as to provide
a non -erosive velocity of flow through the filter for a ten-year, 24- hour storm
with a ten-year, one -hour intensity with a slope of 5% or less. Vegetation in
the filter shall be natural vegetation, grasses or artificially planted wetland
vegetation appropriate for the site characteristics; and
(7) All stormwater control structures shall be enclosed by a fence with a minimum
height of six (6) feet.
(C) Stormwater management techniques other than stormwater control ponds described in
Section 98.14(B) above shall be subject to review and approval of the North Carolina
Environmental Management Commission.
(D) In addition to the vegetative filters required in Section 98.14(B)(6), all land areas
outside of the pond shall be provided with a ground cover sufficient to restrain
erosion within thirty (30) days after any land disturbance. Upon completion of the
stormwater control structure, a permanent ground cover shall be established and
maintained as part of the maintenance agreement described in Section 98.15(C).
(E) A description of the area containing the stormwater control structure shall be prepared
and filed consistent with Section 98.1 S(A and B), as a separate deed with the Caldwell
County Register of Deeds along with any easements necessary for general access to
the stormwater control structure. The deeded area shall include the detention pond,
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vegetative filters, all pipes and water control structures, berms, dikes, etc., and
sufficient area to perform inspections, maintenance, repairs and reconstruction.
(F) Qualifying areas of the stormwater control structure may be considered pervious
when computing total built -upon area. However, if the structure is used to compute the
percentage built -upon area for one site, it shall not be used to compute the built- upon
area for any other site or area.
98.15 Posting of Financial Security Required
(A) All new stormwater control structures shall be conditioned on the posting of adequate
financial assurance for the purpose of maintenance, reconstruction, or repairs necessary
for adequate performance of the stormwater control structures. Interest generated from
such financial security shall be the property of the Town.
(B) Financial assurance shall be in the form of the following:
(1) Security Performance Bond or other security. The permit applicant shall obtain
either a performance bond from a surety bonding company authorized to do
business in North Carolina, an irrevocable letter of credit or other instrument
readily convertible into cash at face value payable to the Town of Cajah's Mountain
or placed in escrow with a financial institution designated as an official depository
of the Town of Cajah's Mountain. The bond or other instrument shall be in an
amount equal to 1.25 times the total cost of the stormwater control structure, as
estimated by the applicant and approved by the Town. The total cost of the
stormwater control structure shall include the value of all materials such as piping
and other structures; seeding and soil stabilization; design and engineering; and,
grading, excavation, fill, etc. The costs shall not be prorated as part of a larger
project, but rather under the assumption of an independent mobilization.
(2) Cash or Equivalent Security Deposited After the Release of the Performance Bond.
Consistent with Section 98.15(C)(1), the permit applicant shall deposit with the
Town of Cajah's Mountain either cash or other instrument approved by the Town
Attorney that is readily convertible into cash at face value. The cash or security
shall be in an amount equal to fifteen percent (15%) of the total cost of the
stormwater control structure or the estimated cost of maintaining the stormwater
control structure over a ten (10) year period, whichever is greater. The estimated
cost of maintaining the stormwater control structure shall be consistent with the
approved operation and maintenance plan or manual provided by the developer
under Section 98.16(A). The amount shall be computed by estimating the
maintenance cost for twenty-five (25) years and multiplying this amount by two
fifths or 0.4.
(C) Consistent with Section 98.13(G), the permit applicant shall enter into a binding
Operation and Maintenance Agreement between the Town of Cajah's Mountain and all
interests in the development. Said Agreement shall require the owning entity to maintain,
repair and, if necessary, reconstruct the stormwater control structure in accordance with
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the operation and management plan or manual provided by the developer. The Operation
and Maintenance Agreement shall be filed with the Caldwell County Register of Deeds
by the Watershed Administrator.
(D) Default under the performance bond or other security. Upon default of the permit applicant
to complete and/or maintain the stormwater control structure as specifically provided in
the performance bond or other security, the Town of Cajah's Mountain may obtain and use
all or any portion of the funds necessary to complete the improvements based on an
engineering estimate. The Town of Cajah's Mountain shall return any funds not spent in
completing the improvements to the owning entity.
(E) Default under the cash security. Upon default of the owning entity to maintain, repair
and, if necessary, reconstruct the stormwater control structure in accordance with the
Operation and Maintenance Agreement, the Town of Cajah's Mountain shall obtain
and use all or any portion of the cash security to make necessary improvements
based on an engineering estimate. Such expenditure of funds shall only be made after
exhausting all other reasonable remedies seeking the owning entity to comply with
the terms and conditions of the Operation and Maintenance Agreement. The Town
of Cajah's Mountain shall not return any of the deposited cash funds.
98.16 Maintenance and Upkeep.
(A) An operation and maintenance plan or manual shall be provided by the developer for
each stormwater control structure, indicating what operation and maintenance actions
are needed, what specific quantitative criteria will be used for determining when those
actions are to be taken and, consistent with the Operation and Maintenance
Agreement, who is responsible for those actions. The plan shall clearly indicate the
steps that will be taken for restoring a stormwater control structure to design
specifications ifa failure occurs.
(B) Landscaping and grounds management shall be the responsibility of the owning
entity. However, vegetation shall not be established or allowed to mature to the
extent that the integrity of the control structure is diminished or threatened, or to the
extent of interfering with any easement to the stormwater control structure.
(C) Except for general landscaping and grounds management, the owning entity shall
notify the Watershed Administrator prior to any repair or reconstruction of the
stormwater control structure. All improvements shall be made consistent with the
approved plans and specifications of the stormwater control structure and the
operation and maintenance plan ormanual. After notification by the owning entity, the
Town Engineer shall inspect the completed improvements and shall inform the owning
entity of any required additions, changes or modifications and of the time period to
complete said improvements.
(D) Amendments to the plans and specifications of the stormwater control structure
and/or the operation and maintenance plan or manual shall be approved by the
Town Council. Proposed changes shall be prepared by a North Carolina registered
professional engineer and submitted to and reviewed by the Watershed Administrator
priorto consideration by the Town Council.
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(1) If the Town Council approve the proposed changes, the owning entity of the
stormwater control structure shall file copies of the revisions with the Office of
the Watershed Administrator bearing the seal of the professional engineer that
prepared the plans.
(2) If the Town Council disapprove the changes, the proposal may be revised and
resubmitted to the Town Council as a new proposal. If the proposal has not
been revised and is essentially the same as that already reviewed, it shall be
returned to the applicant.
(E) If the Town Council finds that the operation and maintenance plan or manual is
inadequate for any reason, the Board shall notify the owning entity of any required
changes and shall prepare and file copies of the revised agreement with the Caldwell
County Register of Deeds, the Office of the Watershed Administrator and the owning
entity.
98.17 Application and Inspection Fees.
(A) Processing and inspection fees shall be submitted in the form of a check or money
order made payable to the Town of Cajah's Mountain. Applications shall be returned
if not accompanied by the required fee.
(B) A permit, inspection, and filing fee schedule, as approved by the Town of Cajah's
Mountain, shall be posted in the Office of the Watershed Administrator.
(C) Inspection fees shall be valid for sixty (60) days. An inspection fee shall be required
when improvements are made to the stormwater control structure consistent with
Section 98.16(C), except in the case when a similar fee has been paid within the last
sixty (60) days.
98.18 Inspections and Release of the Performance Bond.
(A) The stormwater control structure shall be inspected by the Town, after the owning
entity notifies the Watershed Administrator that all work has been completed. At this
inspection, the owning entity shall provide:
(1) The signed deed, related easements and survey plat for the stormwater control
structure ready for filing with the Register of Deeds;
(2) A certification sealed by a professional engineer stating that the stormwater
control structure is complete and consistent with the approved plans and
specifications.
(B) The Watershed Administrator shall present the materials submitted by the developer and
the inspection report and recommendations to the Cajah's Mountain Town Council at
its next regularly scheduled meeting.
(1) If the Town Council approve the inspection report and accepts the certification,

deed and easements, the Town shall file the deed and easements with the
Caldwell County Register of Deeds, release up to seventy-five percent (75%) of
the value of the performance bond or other security and issue and Certificate of
Occupancy for the stormwater control structure.
(2) If deficiencies are found, the Town shall direct that improvements and inspections
be made and documents corrected and submitted to the Town.
(C) No sooner than one year after the filing date of the deed, easements, and maintenance
agreement, the developer may petition the Town to release the remaining value of the
performance bond or other security. Upon receipt of said petition, the Town shall
inspect the stormwater control structure to determine whether the controls are performing
as designed and intended. The Watershed Administrator shall present the petition and
findings to the Town Council.
(1) If the Town Council approve the report and accepts the petition, the developer
shall deposit with the Town of Cajah's Mountain a cash amount equal to that
described in Section 98.15(B)(2), after which the Town Council shall release
the performance bond or other security.
(2) If the Town Council does not accept the report and rejects the petition, the Town
shall provide the developer with instructions to correct any deficiencies and all
steps necessary for the release of the performance bond or other security.
(D) A Certificate of Occupancy shall not be issued for any building within the permitted
development until the Town Council has approved the stormwater control structure, as
provided in Section 9 8. 1 S(B).
(E) All stormwater control structures shall be inspected at least on an annual basis to
determine whether the controls are performing as designed and intended. Records of
inspection shall be maintained on forms approved or supplied by the North Carolina
Division of Environmental Management. Annual inspections shall begin within one year
of filing date of the deed for the stormwater control structure.
(F) In the event the Watershed Administrator discovers the need for corrective action or
improvements, the Watershed Administrator shall notify the owning entity of the needed
improvements and the date by which the corrective action is to be completed. All
improvements shall be made consistent with the plans and specifications of the
stormwater control structure and the operation and maintenance plan or manual. After
notification by the owning entity, the Town shall inspect and approve the completed
improvements.
98.19 Remedies.
(A) If any subdivision, development and/or land use is found to be in violation of this
Ordinance, the Town may, in addition to all other remedies available either in law or in
equity, institute a civil penalty in the amount of $50, institute actions or proceedings to
restrain, correct, or abate the violations; to prevent occupancy of the building, structure,
65

or land; or to prevent any illegal act, conduct, business, or use in or about the premises.
In addition, the N.C. Environmental Management Commission may assess civil
penalties in accordance with G.S. 143 - 215.6(a). Each day the violation continues shall
constitute a separate offense.
(B) If the Watershed Administrator finds that any of the provisions of this Ordinance are
being violated, he shall notify in writing the person responsible for such violation,
indicating the nature of the violation, and ordering the action necessary to correct it. He
shall order discontinuance of the illegal use of land, buildings or structures; removal
of illegal buildings or structures, or of additions, alterations or structural changes
thereto; discontinuance of any illegal work being done; or shall take any action
authorized by this Ordinance to ensure compliance with or to prevent violation of its
provisions. If ruling of the Watershed Administrator is questioned, the aggrieved party
or parties may appeal such ruling to the Board of Adjustment.
98.20 Sanctions. In addition to the remedies described in Section 98.18 of this Ordinance and
consistent with G.S. 160A-175, the Cajah's Mountain Town Council may seek enforcement of
this Ordinance by assessing a civil penalty to be recovered by the Town in a civil action in the
nature of debt if the offender does not pay the penalty in a prescribed period of time after
being cited for violation of the Ordinance. Such violation may be enforced by an appropriate
equitable remedy issuing from a court of competent jurisdiction. The court may issue an
injunction and order of abatement commanding the defendant to correct the unlawful condition
upon or cease the unlawful use of the property. The action shall be governed in all respects by
the laws and rules governing civil proceedings, including the rules of Civil Procedure in general
and Rule 65 in particular. If the defendant fails or refuses to comply with an injunction or with
an order of abatement within the time allowed by the court, the defendant may be cited for
contempt and the Town may execute the order of abatement. The Town shall have a lien on the
property for the cost of executing an order of abatement in the nature of a mechanic's and
materialman's lien on the property generating the violation. The defendant may secure
cancellation of an order of abatement by paying all costs of the proceedings and posting a bond
for compliance with the order. The bond shall be given with sureties approved by the Clerk
of Superior Court in an amount approved by the judge before whom the matter is heard and
shall be conditioned on the defendant's full compliance with the terms of the order of abatement
within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or
cancel an injunction issued in conjunction therewith. Enforcement of this Ordinance may be by
any one, all or a combination of the remedies authorized in this Ordinance. Each day's continuing
violation shall be a separate and distinct offense.
98.21 Effective Date. This Section shall take effect and be in force on October 1, 1993.

Section 99. Fences.
Unless otherwise stated below, a zoning permit shall be required for all fences erected in the Town of
Cajah's Mountain.
99.1 Fences in the R-20 and RA-20 districts
a. Fences may be permitted within required setback areas provided that no fence may
exceed a height of four feet (4') in any required front yard or six feet (6') in any
required side orrear yard.
b. Fences exceeding a height of 6 feet (6) must meet the required setbacks for
accessory structures, and in no case shall such a fence exceed a height of ten feet
(10').
Fences within 35 feet of a public right of way shall not exceed a height of four feet
(4);
d. Electric and barbed wire fences shall be used only for agricultural purposes in the R- 20
and RA-20 districts, and no permit shall be required for such use;
e. No fence within the triangular area formed by intersecting street or road right-of-
way lines and a straight line connecting points on said street or road right-of-way
lines each of which is a distance of thirty-five (35) feet from the point of intersection
shall exceed aheight ofthree (3) feet.
f. Fences along Connelly Springs Road (SR 1001) shall be setback a minimum
distance of ten feet from the right of way of said road, or forty feet from the center line
of saidroad, whichever is greater. (Amended 2/2/99)
99.2 Fences in the 0-1, G-B, and M-1 districts
a. Electric fencing or barbed wire in 0-1, B-1, & M-1 districts shall be located atop a
fence with a minimum height of eight feet (8') so as not to cause injury from casual
contact.
b. Fences along Connelly Springs Road (SR 1001) shall be setback a minimum
distance of ten feet from the right of way of said road, or forty feet from the center line
of said road, whichever is greater. (Amended 2/2/99)
C. No fence shall be permitted within the triangular area formed by intersecting street or
road right-of-way lines and a straight line connecting points on said street or road right-
of-way lines each of which is a distance of thirty-five (35) feet from the point of
intersection.
d. Fences shall be permitted within the required setback areas provided that no fence
may exceed aheight of twelve (12) feet.
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ARTICLE X
EXCEPTIONS AND MODIFICATIONS
Section 100. Lot of Record.
Where the owner of a lot of official record in any residential district at the time of the adoption of this
Ordinance of his successor in title does not own sufficient contiguous land to enable him to conform
to the minimum lot size requirements of this Ordinance, such a lot may be used as a residential
building site provided, however, that the requirements of the district are complied with or a variance
is obtained from the Board of Adjustment.
Notwithstanding the foregoing, whenever two or more adjoining vacant lots of record are in single
ownership at any time after the adoption of this Ordinance and such lots individually have less area or
width than the minimum requirements of the district in which such lots are located, such lots shall
be considered as a single lot or several lots which meet the minimum requirements of this Ordinance
for district in which such lots are located.
100.0 Every lot to be built upon shall abut by at least forty-five (45) feet a public street or
other public way, and no dwelling shall be placed or built upon a lot which does not
abut upon a public street or other public way by the same distance.
Section 101. Front Yard for Dwellings.
The front yard requirements of this Ordinance for dwellings shall not apply to any lot where the
average setback of existing buildings located wholly or in part within 100 feet on either side of the
proposed dwelling and on the same side of the street in the same block and use district as such lot is less
than the minimum required front yard depth. In such case, the setback on such lots may be less than the
required setback but not less than the average of the existing setbacks on the aforementioned lots,
or a distance of 10 feet from the street right-of-way, whichever is greater.
Section 102. Height Limitation.
The height limitations of this Ordinance shall not apply to church spires, belfries, cupolas, and domes
not intended for human occupancy; monuments, water towers, observation towers, chimneys,
smokestacks, conveyors, flagpoles, masts, serials and similar structures, except as otherwise noted in
the vicinity ofairports. (Amended 2/2/99)
Section 102.1 Telecommunication Towers
1. Definitions. As used in this Ordinance, the following terms shall have the meanings
indicated:
a. Alternative tower structure shall mean clock towers, sculptures, bell steeples, light
poles and similar alternative -design mounting structures that conceal the presence of
antennas or towers and are architecturally compatible with the area.
b. Pre-existing towers and antennas shall mean any tower or antenna on which a
permit has been properly issued prior to the effective date of this Ordinance.
.:

C. Telecommunications tower shall mean any structure that is designed and
constructed primarily for the purpose of supporting one or more antennas, including
self-supporting lattice towers, guy towers or monopole towers. The term includes
radio and television transmission towers, personal communications service towers
(PCs), microwave towers, common -carrier towers, cellular telephone towers,
alternative tower structures, and the like. This definition does not include any
structure erected solely for a residential, non-commercial individual use, such as
television antennas, satellite dishes or amateur radio antennas.
2. General Guidelines and Requirements.
Purpose and Goals. The purpose of this Ordinance is to establish general guidelines
for the siting of towers and antennas. The goals of this Ordinance are to: (1) encourage
the location of towers in non-residential areas and minimize the total number of
towers throughout the community, (ii) enhance the ability of the providers of
telecommunications services to provide such services to the community quickly,
effectively and efficiently; (iii) encourage strongly the joint use of new and existing
tower sites, (iv) encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal, and (v)
encourage users of towers and antennas to configure them in a way that minimizes
the adverse visual impact of the towers and antennas.
b. Principal Use. Telecommunication towers shall be considered principal uses.
Alternative tower structures may be considered principal or accessory uses. For
purposes of determining whether the installation of a tower or antenna complies
with district development regulations, including, but not limited to, setback
requirements, lot size and coverage requirements, and other such requirements, the
dimensions of the entire lot shall control, even though the antennas or towers may be
located on leased parcels within such lots.
Administrative Approved Uses. The following uses may be approved by the Zoning
Administrator after administrative review:
a. Installing an antenna in any zoning district on an existing structure other than a
tower (such as a building, sign, light pole, water tower, utility pole or other free-
standing, non-residential structure) that is more than fifty (50) feet in height, so
long as such addition does not add more than twenty (20) feet to the height of the
existing structure;
b. Installing an antenna in any commercial or industrial zoning district on an existing
non-residential structure other than a tower (such as a building, sign, light pole,
water tower, utility pole or other free-standing, non-residential structure) that is less
than fifty (50) feet in height so long as such addition does not add more than twenty
(20) feet to the height of the existing structure;.
Co -locating on an existing tower of any height, including a pre-existing tower and
further including the placement of additional storage buildings or other supporting
•

equipment used in connection with said antenna, so long as the addition of said
antenna adds no more than twenty (20) feet to the height of said existing tower.
Twenty (20) feet is the maximum that can be added to tower even if multiple uses
locate on the existing tower;
d. Locating any alternative tower structure in any zoning district if in the judgment of
the Zoning Administrator, it is in conformity with the goals set forth in Section
2.a. ofthis Ordinance;
e. Replacing an existing tower which adds no more than 20 feet to the overall height of
the existing structure.
4. Telecommunications Towers Special Use Criteria.
Communication companies are encouraged to locate telecommunication antennae on or in
structures other than a tower. Such structures may include church steeples, transmission line
towers, utility/light poles, water towers, etc. Where such facilities are not available, co -
location of facilities is encouraged.
When a new tower is proposed to be sited, a determination of whether the location will
provide a minimal level of coverage vs. optimal coverage shall be taken into consideration.
The following standards shall be used in the approval of the siting of new towers:
Evidence that the applicant has investigated the possibilities for locating the proposed
facilities on an existing tower where a minimal level of coverage can be provided. Such
evidence shall consist of -
(a) A summary explanation of why the applicant believes the proposed facility
cannot be located on an existing tower.
(b) A summary explanation of why the applicant believes that the use of an
alternative tower structure is not possible.
(c) Provision of sound engineering evidence demonstrating that location in the
proposed district is necessary in the interest of public safety or is a practical
necessity.
2. Locating a tower or antenna, including the placement of additional buildings or other
supporting equipment used in connection with said tower or antenna may be allowed in
the B-1 General Business District and the M-1 Light Manufacturing District provided
that the following requirements are also met:
(a) Evidence must be provided which establishes that the communications tower
is structurally designed to support at least one additional user and the
application includes a statement that the owner of the tower is willing to permit
other user(s) to attach communication facilities, on a commercially reasonable
basis, which do not interfere with the primary purpose of the tower. The tower
owner may require that such other users agree to negotiate regarding
717

reasonable compensation for any liability which may result from such
attachment. The site plan shall show a location for at least one equipment
building in addition to that proposed for use by the applicant. Priority for co -
location on the proposed tower shall be given to antennas that will serve a
public safety need for the community.
(b) In order to provide spatial separation and create a visual block from adjacent
properties and streets, a buffer shall be installed around the outside of all
improvements on the site, including the tower and guy anchors, any ground
buildings or equipment, and security fencing. The tower's guy anchors may
be screened or fenced separately in order to comply with the requirements
of this subsection. Buffering shall be required as follows:
(i) A ten (10) foot buffer shall be provided between the fenced area of the
tower and the property boundaries.
(ii) The planting shall consist of evergreen trees and evergreen shrubs.
Trees shall be planted along the full length of the buffer strip in a
triangular pattern with maximum spacing of twenty-five (25) feet on
centers. The minimum height at planting for trees shall be six
(6) feet and they shall have an expected minimum maturity height of
thirty-five (35) feet under normal growing conditions. There shall also
be at least one row of dense shrubs, spaced not more than eight (8) feet
on centers. Shrubs shall be a minimum of two (2) feet high at planting
and shall be a minimum expected maturity height of eight (8) feet
under normal growing conditions. It is the intent of this section to
encourage the use of existing vegetation in whole or in part to
substantially meet this requirement.
(iii) Buffer requirements may be waived upon a finding that the existing
topography or existing screening materials on site screen the property
as effectively as the buffering required in (ii); or that the installation of
new screening materials would be impractical or would serve no useful
purpose (such waiver may also include situations when the type of non-
residential adjoining use would not warrant screening); provided;
however, that the spirit and intent of this section are preserved. This
paragraph shall not be construed to relieve the requirement of
establishing screening for towers to be located adjacent to vacant
properties or along any public street.
(c) The base of the tower and each guy anchor shall be surrounded by a
security fence or wall at least eight (8) feet in height unless the tower and all
guy anchors are mounted entirely on a building over eight feet in height.
The tower's guy anchors may be screened or fenced separately in order to
comply with the requirements of this subsection.
(d) No outside storage shall be allowed on any telecommunication facility site.
(e) Associated buildings shall not be used as a place of employment for any
71

worker. This provision does not prohibit the periodic maintenance or
periodic monitoring of equipment and instruments.
(f) The telecommunications tower shall meet all applicable Federal Aviation
Administration (FAA) standards and shall not restrict or interfere with air
traffic or air travel from or to any existing or proposed airport. Any
lighting shall not project onto surrounding residential property.
(g) The minimum lot size requirement shall be in accordance with the zoning
district where the tower is proposed to be located or the setback
requirements of subsection (11), whichever is greater.
(h) The color of the tower shall be neutral, except to the extent required by
Federal law, so as to minimize its visual impact.
(i) In order to protect the public from unnecessary exposure to
electromagnetic radiation, the tower owner shall provide documentation,
such as a signed affidavit, indicating that the power density levels do not
exceed levels certified by the FCC.
G) No commercial advertising shall be allowed on the facility's site.
(k) The setbacks from the base of the structure to any property line, right -of- way
or occupied building shall be at minimum forty (40) feet. In the instance
that the tower's fall zone, as certified by a North Carolina registered
professional engineer (PE), is greater than the required setbacks, the Town
may require increased setbacks up to the height of the structure. A letter from
a North Carolina certified professional engineer, which states the fall zone of
the tower structure, must be included with the application.
(!) The maximum height of all towers is one hundred (100) feet.
(m) Notice shall be provided to the Zoning Administrator when the tower is placed
out of service. Towers which are not used for a period of six (6) months or
more shall be removed by the owner within 120 days of receipt of notification
to that effect. (Section amended 2/2/99)
Section 103. Visibility of Intersections.
On a comer lot in any residential district, no planting, structure, sign, fence, wall or obstruction to
vision more than three feet in height measured from the center line of the street or road shall be
placed or maintained within the triangular area formed by the intersecting street or road right-of-
way lines and a straight line connecting points on said street or road right-of-way line each of which is
35 feet distance from the point of intersection.
72

Section 104. Cluster Development.
The cluster development allows for buildings to be concentrated together in specific areas to
minimize infrastructure and development costs while achieving the allowable density. Itallows for
the preservation of natural open space for recreation, common open space, and preservation of
environmentally sensitive features.
104.1 Public water and sewer facilities shall be available to serve cluster subdivisions.
104.2 The tract of land devoted to a cluster subdivision shall be a minimum four (4) contiguous acres.
104.3 The total number of lots and dwelling units shall not exceed the number that would be
permitted in conformance with the normal minimum lot size requirements for the R-20 District.
104.5 Fifty percent (50%) of the balance of the original lot size must be preserved as common open
space, accessible by all reduced building sites. Up to fifty percent 50% of the common open space
may be steep slopes, streams, ponds, watercourse and floodplain or may be reserved for public use.
104.6 Access arrangements to open spaces or common area shall be carefully designed and located
to enable perpetual maintenance and accessibility.
104.7 Minimum lot size: 10,000 square feet with water and sewer.
104.8 Minimum mean lot width: 80 feet.
104.9 Minimum front yard: 30 feet.
104.1 OMinimum side yard: 10 feet. Minimum rear yard: 20 feet.
104.11
a. Open space or common area within a cluster development may be offered for dedication
to the public at the time of application. The Town Council may accept such dedication
upon a finding that the size, location, or maintenance of such open space or common area
or the availability of public open space would make public use desirable or necessary.
b. Open space not dedicated to public use shall be protected by legal arrangements
sufficient to assure its maintenance and preservation for whatever purpose it is intended
such as a homeowner's association. The provisions for a homeowner's association are
meant to ensure that a viable association is established with authority to obtain sufficient
resources to maintain the open space and any of its recreational facilities. The
homeowner's association is required to incorporate in order to ensure its future existence.
104.12 The cluster development is subject to architectural review by the Board of
Adjustment as a condition of the special use permit.
104.13 Cluster subdivisions shall comply with the applicable provisions of the Town's
subdivision regulations. Where there is a conflict the cluster development
requirements in the zoning ordinance takes precedence.
104.14 Street construction shall meet all requirements set forth in the Town's subdivision
73

regulations.
104.15 The cluster development will not have an undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, utility facilities and
other areas related to public health, safety and general welfare.
Section 105. Planned Unit Development.
The planned unit development concept offers developers the possibility of more efficient and flexible
methods for developing property, and provides residents of the project with larger open spaces for
recreation and other activities properly related to residential uses. The Board of Adjustment may
approve this form of development in the districts that allow it as a permitted or special use, provided:
105.1 Such project is an integrated plan designed for the primary purpose of residential use.
105.2 The site for the total project is at least 4 acres and at least 2 principal buildings are included in
the plans.
105.3 That the total parcel of land is under single ownership or control, and there is reasonable
assurance that the project can be successfully completed and maintained, including care and
maintenance of all common open space, recreation space, and other common land area.
105.4 The preliminary plan for the proposed planned unit development shall first be submitted to the
Cajah's Mountain Planning Board of its review and recommendation to the Board of
Adjustment. Such recommendations may include, but shall not be limited to, provisions for
additional utilities, drainage, landscaping, lighting, and streets and access ways.
105.5 The applicant must resubmit the plan to the Board of Adjustment if changes were
recommended by the Planning Board. If the plan is rejected by the Board of Adjustment, the
applicant will notreceive consideration of the same plan for aperiod of 12months. The applicant
can, however, appeal to Superior Court.
105.6 The development shall be in full compliance with all dimensional, density, and built -upon
limitations and requirements ofthe zoning district in which the development is located.
105.7 Off-street parking shall be provided at a ratio of two spaces per dwelling.
105.8 All streets and parking areas shall be constructed and paved according to the standards of the
Town ofCajah'sMountain.
105.9 The procedure for approval of a planned unit development shall consist of the submission of a
design plan to the Cajah's Mountain Planning Board showing how the requirements of
Subsections 105.01 through 105.08 above will be met. Following study and
recommendations by the Planning Board, the plan must be submitted to the Board of
Adjustment for final approval. Failure of the Planning Board to act on the plan within 60 days
shall constitute a favorable recommendation to the Board ofAdjustment. An approved project
must be started within 12 months after final approval and must be completed within a reasonable
time.
W

105.10 Provisions for Planned Unit Developments in Business and Industrial districts
In the case of two (2) or more buildings to be constructed on a plot of ground greater than two
(2) acres not subdivided into the customary streets and lots and which will not be
subdivided, the application of the terms of this Ordinance may be varied by the Board of
Adjustment in a manner that will be in harmony with the character of the neighborhood,
provided:
a. Such uses are limited to those permitted within the zoning district in which the
project is located. In no case shall the Board of Adjustment authorize a use
prohibited in the district in which the project is to be located.
b. The overall intensity of land use is no higher and the standard of open space is no
lower than that permitted in the district in which the project is located.
c. The distance of every building from the nearest property line shall meet the front,
rear and side yard requirements of the district in which the project is located.
d. The site plan shall conform to all applicable requirements of the Town's
subdivision regulations for street design, drainage, and plat design.
e. The building heights shall not exceed the height limits permitted in the district in
which the project is located.
f. If the property lies within or abuts upon a residential district, there shall be a buffer
along the rear and/or side lines abutting the residential lots in conformance with
Article VI, Section 61.7 ofthis Ordinance
g. All parking, loading and sign requirements are subject to the applicable provisions of
the respective zoning districts and other sections of this Ordinance.
h. All streets and parking areas shall be constructed and paved according to the standards
of the Town of Cajah's Mountain. (Amended 10/5/99)
Section 106. Group Housing Developments.
Group Housing Developments are permitted subject to the following requirements:
106.1 Minimum plot or overall project area: 1 acre.
106.2 Minimum lot area per dwelling: 3,000 square feet.
106.3 Minimum front yard depth for each building: 35 feet.
106.4 Minimum rear yard depth for each building: 30 feet.
106.5 Minimum side yard depth for each building when adjacent to street: 30 feet.
When adjacent to a private street or a side lot line: 15 feet.
When adjacent to another building in the project area: 20 feet.
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106.6 Minimum between buildings: 40 feet.
106.7 Maximum area of project covered by all buildings: 30%.
106.8 Height of buildings shall not exceed thirty-five (35) feet unless the depth of the
front and total width of the side yards required herein shall be increased by one
(I) foot for each two (2) feet or fraction thereof building height in excess of
thirty-five (35) feet
106.9 Off-street parking shall be provided at a ratio of two spaces per dwelling.
106.10 A preliminary design layout must be submitted to the Planning Board with eight
(8) copies for review before the submission of the final design.
106.11 A final corrected design shall be approved by the Planning Board before a building
permit may be issued. Special conditions may be recommended for the project plan by
the Planning Board and planted buffer strips or suitable substitutes may be required
when needed to maintain the integrity of the neighborhood. These shall be completed
before occupancy will be allowed.
106.12 Design standards for dedicated and private streets shall conform to the general
requirements and minimum standards of design of the Town of Cajah's Mountain.
Section 107. Provisions for Satellite Dish Antennas.
Satellite Dish Antennas shall be considered an accessory structure and shall require a zoning
permit. They may be located in any district subject to the following conditions:
107.1 No designs or advertising shall be painted on the Satellite Dish Antenna except the
manufacturer's name, logo, or trademark provided it is a reasonable size that has been applied
by the manufacturer.
107.2 Satellite Dish Antennas shall not locate or encroach upon existing rights -of -way or required
setbacks.
107.3 On corner lots, Satellite Dish Antennas shall not be located within the "Sight Distance."
107.4 For residential use, Satellite Dish Antennas shall be permitted in the side and rear yards of the
lot provided the location of the Satellite Dish Antenna is in compliance with Sections
107.2 and 107.3 of this Ordinance.
107.5 For residential use, Satellite Dish Antennas may be located in the front yard or on the roof of
the main structure if the following conditions are met:
a) The property owner petitions the Board of Adjustment for a variance;

b) The petitioner must prove that he cannot get clear reception by locating the Satellite
Dish Antenna in the rear or side yards of his lot:
c) That the location of the Satellite Dish Antenna will be in compliance with Sections
107.2 and 107.3 of this Ordinance.
Section 108. Provisions for Flag Lots.
Flag lots may be created in the R-20 and R-20A zoning district in accordance with this Ordinance
and the Town's Subdivision Regulations provided that:
1. An access corridor with a minimum continuous width of 45 feet is established as an
integral part ofthe flag lot, and not separate from it. However, the square footage of the
access corridor shall not be included when calculating the minimum required square
footage ofthe flag lot.
2. An access corridor with a minimum continuous width of less than 45 feet may be
permitted only in situations where an access corridor with a minimum continuous
width of 45 feet would create non -conformities with respect to this Ordinance. In
such cases, the access corridor shall be the maximum width possible without
creating a non -conformity. However, no such access corridor shall have a minimum
continuous width of less than 25 feet.
A one-time exemption will be allowed for a single flag lot with an access corridor
with a minimum continuous width of only 25 feet for one lot, regardless of the size of
the original tract; further subdivision will still require a publicly dedicated street
constructed to State standards and must meet all requirements of the Town's
Subdivision Regulations.
3. In cases where the original tract to be subdivided meets the State exemption for
subdivisions as specified in NCGS 160D-804, Part 4, an access corridor with a
minimum continuouswidth of 25 feetmay bepermitted.
Section 109. Provisions for Landlocked Lots.
Landlocked parcels within the R-20 and R-20A zoning districts may be developed for a single
dwelling unit provided that:
1. A private easement with a minimum continuous width of 45 feet is acquired from
intervening property owners.
2. An easement with a minimum continuous width of less than 45 feet may be
permitted only in situations where an easement with a minimum continuous width of
45 feet would create non -conformities with respect to this Ordinance. In such cases,
the easement shall be the maximum width possible without creating a non-
conformity. However, no such easement shall have a minimum continuous width of
less than 25 feet.
3. The recorded documents creating the easement shall specify that public service,
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utility, and emergency personnel and vehicles shall have freedom of ingress and
egress from the landlocked property.
4. Such documents shall also specify that public utilities (water, sewer, electricity,
telephone, cable, etc.)maybe installed within the easement.
5. Such documents shall include a maintenance agreement specifying the party
responsible for maintaining the easement and its traveled surface.
6. The easement must have an all-weather surface of gravel, concrete, or asphalt with a
minimum continuous width of ten feet to ensure access of public service, utility, and
emergency personnel and vehicles.
7. Subdivision of landlocked parcels will require a publicly dedicated street
constructed to State standards and must meet all requirements of the Town's
Subdivision Regulations.
ARTICLE XI
OFF-STREET PARKING AND LOADING
Section 110. Off -Street Parking Requirements.
There shall be provided at the time of the erection of any building, or at the time any principal
building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats, or floor
area; or before conversion from one type of use or occupancy to another, permanent off-street
parking space in the amount specified by this section. Such parking space may be provided in a
parking garage or properly graded open space.
110.1 Certification of Minimum Parking Requirements.
Each application for a zoning permit submitted to the zoning enforcement officer as provided
for in this Ordinance shall include information as to the means of entrance and exit to such
space. This information shall be in sufficient detail to enable the zoning enforcement officer
to determine whether or not the requirements of this section are met.
110.2 Minimum Off -Street Parking Requirements.
The following off-street parking spaces shall be required.
/:

RESIDENTIAL AND RELATED USES
REQUIRED OFF-STREET PARKING
Any residential use consisting of one or more dwelling
Two parking spaces for each dwelling
units.
unit.
Two spaces for each modular or
Manufactured and Modular Homes
manufactured home
One space for each two guest homes,
Rooming and boarding houses
plus two additional spaces for the owner
or manager
Customary home occupations as defined in Section
In addition to residential requirements,
60.30.
one parking space per 100 square feet
devoted to the home occupation.
INSTITUTIONAL, PUBLIC AND SEMIPUBLIC REQUIRED OFF-STREET PARKING USES
Churches and funeral homes
One space for every four seats in the
main chapel
Elementary schools, private and daycare One space for each employee, plus one
additional space for visitors
Hospitals
One space for each four patient beds plus
one space for every four staff and one
space for each hospital vehicle
Libraries
One space for every four seats provided
for patron use
Medical offices and clinics
Four spaces for each doctor practicing at
the clinic, plus one space for each
employee
Places of public assembly, including private clubs and
One space for each four fixed seats
lodges, auditoriums, dance halls, pool halls, theaters,
provided for patron use, plus one space
stadiums, gymnasiums, amusement parks, community
for each 100 square feet of floor or
centers and all similar places of public assembly
ground area used for amusement or
assembly not including fixed seats
Sanitariums, rest and convalescent homes, homes for
One space for each six patient beds, plus
the aged, and similar institutions
one space for each staff or visiting
doctor plus one space for each four
employees
Apartment complexes for the apartment unit
One space for each elderly

BUSINESS USES REQUIRED OFF-STREET PARKING
Hotels
One space for each two rooms plus one
additional space for each five employees
Motels, tourist homes, inns, and tourist courts
One space for each accommodation plus
four additional spaces for employees
Offices, business, professional, public, including banks
One space for each 200 square feet of
gross floor area
Restaurants
One space for each three seating
accommodations, plus one space for
Restaurants, Drive-in
Parking space equal to five times the
floor s ace in the main building
Retail business and consumer service outlets
One space for each 200 square feet of
gross floor area
Service stations and car washes
Two spaces for each gas pump plus three
spaces for each grease rack or similar
Shopping centers
One space for each 200 square feet of
Floor area
WHOLESALE AND INDUSTRIAL USES REQUIRED OFF-STREET PARKING
Wholesale and industrial operations
One space for each two employees at
maximum employment on a single shift
110.3 Off -Street Loading and Unloading Space.
Every building or structure used for business, trade or industry hereafter erected shall
provide space as indicated herein for the loading and unloading of vehicles off the street or
public alley. Such space shall have access to an alley, or if there is no alley available, then
to a street. For the purposes of this section, an off-street loading space shall have a
minimum dimension of 12 feet by 40 feet and overhead clearance of 14 feet in height above
the alley or street grade.
Retail Operations:
One loading space for each 5,000 square feet of gross floor area or fraction thereof.
Wholesale and industrial operations:
One loading space for each 10,000 square feet of gross floor area or fraction thereof.

ARTICLE XII
ADMINISTRATION AND ENFORCEMENT
Section 120. Zoning Enforcement Officer.
It shall be the duty of the Zoning Enforcement Officer to enforce and administer the provisions of
this Ordinance and to issue a zoning compliance permit when these regulations have been followed,
or to refuse to issue the same in the event of noncompliance. Written notice of such determination
refusal and reason therefore shall be given to the applicant and property owner (G.S. 160D-403(b)),
the administrative officer may provide their determination in print or electronic form; if electronic
form is used then it must be protected from further editing (G.S. 160D-403(a).
The administrative officer or other staff member shall not make a final decision on an
administrative decision required by this chapter if the outcome of that decision would have a
direct, substantial, and readily identifiable financial impact on the staff member or if the
applicant or other person subject to that decision is a person with whom the staff member has
a close familial, business, or other associational relationship (G.S. 16013-109).
If the Zoning Enforcement Officer finds that any of the provisions of this Ordinance are being
violated, he shall notify in writing the person responsible for such violations, indicating the nature of
the violation and ordering the action necessary to correct it. He shall order discontinuance of the illegal
use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations
or structural changes thereto; discontinuance of any illegal work being done; or shall take any other
action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions.
The administrative officer may inspect work undertaken pursuant to a development approval to assure
that the work is being done in accordance with applicable State and local laws and of the terms of the
approval. In exercising this power, staff are authorized to enter any premises within the jurisdiction of
the city local government at all reasonable hours for the purposes of inspection or other enforcement
action, upon presentation of proper credentials, provided the appropriate consent has been given for
inspection of areas not open to the public or that an appropriate inspection warrant has been secured
(G.S. 160D-403(c)).
If a ruling of the Zoning Enforcement Officer is questioned, the aggrieved party or parties may
appeal such ruling to the Board of Adjustment.
Section 121. Zoning Permit Required.
No building, sign or other structure shall be erected, moved, extended or enlarged, or structurally
altered, nor shall any excavation or filling of any lot for the construction of any building be
commenced until the Zoning Enforcement Officer has issued a zoning permit for such work. Every
person obtaining a zoning permit hereunder shall pay a fee as provided in a schedule of zoning
permit fees to be adopted by the governing body.
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Section 122. Application for Zoning Permit.
Each application to the Zoning Enforcement Officer for a zoning permit shall be accompanied by plot
plans in duplicate showing:
(a) The actual dimensions of the lot to be built upon,
(b) The size of the building to be erected,
(c) The location of the building on the lot,
(d) The location of existing structures on the lot, if any,
(e) The number of dwelling units the building is designed to accommodate,
(f) The approximate setback lines of buildings on adioining lots,
(g) The intended use of the property,
(h) Such other information as may be essential for determining whether the provisions of
this Ordinance are being observed.
Vesting. Zoning permits expire one year after issuance unless work has substantially commenced.
Expiration of a local development approval does not affect the duration of a vested right
established as a site specific vesting plan, a multiphase development plan, a development
agreement, or vested rights established under common law. A site specific plan or planned unit
development shall remain vested for a period exceeding two years, but not exceeding five years. A
multi -phase development shall remain vested for a period of seven years from the time a site plan is
approved. For the purposes of this chapter, a multi -phase development must contain 100 acres or
more and is submitted for site plan approval for construction to occur in more than one phase and is
a master plan that includes a requirement to offer land for public use (G.S. 160D-108(d)).
Revocation of development approvals. Development approvals may be revoked by the local
government issuing the development approval by notifying the permit holder in writing stating the
reason for the revocation. The local government shall follow the same development review and
approval process required for issuance of the development approval, including any required notice
or hearing, in the review and approval of any revocation of that approval. Development approvals
shall be revoked for any substantial departure from the approved application, plans, or
specifications; for refusal or failure to comply with the requirements of any applicable local
development regulation or any State law delegated to the local government for enforcement
purposes in lieu of the State; or for false statements or misrepresentations made in securing the
permit approval. Any development approval mistakenly issued in violation of an applicable State
or local law may also be revoked. The revocation of a development approval by a staff member
may be appealed to the board of adjustment pursuant to G.S. 160D-4-5. If an appeal is filed
regarding a development regulation adopted by a local government pursuant to this Chapter, the
provisions of G.S. 160D-4-5(e) regarding stays shall be applicable (G.S. 160D-403(o).
FM

Section 123. Zoning Certificate of Occupancy for New and Altered Structures.
It shall be unlawful to use or permit the use, except for agriculture purposes, of any land, building or
structure of part thereof, hereafter created erected, changed, converted, altered or enlarged, wholly
or partly, in its use or structure, until a Zoning Certificate of Occupancy shall have been issued by
the Zoning Enforcement Officer stating that the building or structure and the proposed use complies
with the provisions of this Ordinance. A Zoning Certificate of Occupancy shall be applied for co-
incident with the application for a zoning permit and shall be issued within five (5) days after the
erection or alteration of such building or structure or part thereof has been completed in conformity with
the provisions of this Ordinance and the North Carolina Building Code.
A temporary Zoning Certificate of Occupancy may be issued by the Zoning Enforcement Officer for
a period not to exceed six (6) months during alterations or partial occupancy of a building pending
completion, provided that such temporary permit may require such conditions and safeguards as will
protect the safety of the occupants and the general public.
The Zoning Enforcement Officer shall maintain a record of all Zoning Certificates of Occupancy and
a copy shall be furnished upon request to any person. Failure to obtain a Zoning Certificate of
Occupancy shall be a violation of this Ordinance, and punishable under Section 123.3 of this
Ordinance.
123.1 Complaints Regarding Violations. Whenever a violation of this Ordinance occurs, or is alleged
to have occurred, any person may file a written complaint. Such complaint stating fully
the causes and basis thereof shall be filed with the Town Clerk. The Zoning
Enforcement Officer shall record properly such complaint, immediately investigate,
and take action thereon as provided by this Ordinance.
123.2 Remedies. In any case in which a building or structure is proposed to be or is erected,
constructed, reconstructed, altered, maintained or used; or any land is proposed to be or
is used in violation of this Ordinance; the Town Chairman, Town Council, Town
Attorney, or any other person aggrieved may, in addition to other remedies provided
by law, institute injunction mandamus, or any other appropriate action or proceeding
to prevent, enjoin, abate, or remove such unlawful erection, construction,
reconstruction, alteration, maintenance or use.
123.3 Penalties for Violation. Any person, firm, or corporation who violated the provisions of this
Ordinance, shall upon conviction, be guilty of a misdemeanor and shall be fined not
exceeding fifty dollars ($50.00) or imprisoned not exceeding thirty (30) days. Each day
that a violation of this Ordinance be not corrected within thirty (30) days after the notice
of said violation has been given.
123.4 Notices of violation. When staff determines work or activity has been undertaken in violation of
these development regulations a written notice of violation may be issued. The notice of
violation shall be delivered to the holder of the development approval and to the
landowner of the property involved, if the landowner is not the holder of the development
approval, by personal delivery, electronic delivery, or first class mail and may be provided
by similar means to the occupant of the property or the person undertaking the work or
activity. The notice of violation may be posted on the property. The person providing the
notice of violation shall certify to the local government that the notice was provided and

the certificate shall be deemed conclusive in the absence of fraud (160D-404(a)).

ARTICLE XIII
BOARD OF ADJUSTMENT
Section 130. Establishment of Board of Adjustment.
A Board of Adjustment is hereby created as provided in Section 160A-388 of the General Statutes of
North Carolina. Said Board shall consist of five (5) members to be appointed by the Town Council
for the overlapping terms of three (3) years. Initial appointment shall be as follows: One (1) member
for a term of three (3) years, two (2) members for a term of (2) years, and two (2) members for a term
of (1) year. Any vacancy in the membership shall be filed for the unexpired term in the same manner
as the initial appointment. If the Town Council acts as the Board of Adjustment, the terms for Board
of Adjustment will coincide with the terms for Town Council. Members shall serve without pay but
may be reimbursed for any expenses incurred while representing the Board of Adjustment. The Board
of Adjustment shall be separate from the Planning Board, and not more than one (I) person shall serve
simultaneously on both Boards.
In accordance with NCGS 160D-1-9(d), the Town Council of the Town of Cajah's Mountain may, in
its discretion, appoint not more than two alternate members to serve on the Board of Adjustment
in the absence, for any cause, of any regular member. Such alternate member or members shall
be appointed in the same manner as regular members and at the regular times for appointment. Such
alternate member, while attending any regular or special meeting of the Board and serving in the
absence or disqualification of any regular member, shall have and exercise all the powers and duties of
such regular member so absent or disqualified (NCGS 160D-1-9(d)).
Section 131. Decisions of the Board of Adjustment.
The concurring vote of four members of the Board shall be necessary to reverse any order,
requirements, decision or determination of the Zoning Enforcement Officer pertaining to Cajah's
Mountain or to decide in favor of the applicant any matter upon which it is required to pass under the
Zoning Ordinance or to effect any variation of such Ordinance in the Town.
On all appeals, applications and other matters brought before the Board of Adjustment, said Board
shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties, and
shall decide the same within a reasonable time. The Board shall inform all parties involved of its
decision in writing, stating the reasons there for.
Section 132. Proceedings of the Board of Adjustment.
The Board of Adjustment shall elect a chairman and vice-chairman from its members, each of
whom shall serve for one year or until re-elected or until their successors are elected and qualify. The
Board shall adopt rules and bylaws in accordance with the provisions of this Ordinance and of Article
19, Chapter 160D of the General Statutes of North Carolina. Meetings of the Board shall be held at the
call of the chairman and at such other times as the Board may determine. The chairman, or in his
absence the vice-chairman, may administer oaths and compel the attendance of witnesses by subpoena.
All meetings of the Board shall be open to the public. The secretary shall not have a vote unless he is
also a regular or alternate member of the Board. In accordance with NCGS 160D-1-9(d), a member of
the Board shall not participate or vote in any matter that would violate affected persons' constitutional
rights to an impartial decision maker. If an objection is raised to a member's participation and that
M.

member does not recuse himself or herself, the remaining members shall by majority vote rule on the
objection. Vacant positions on the Board and members who are disqualified from voting shall not be
considered in the calculation of the requisite supermajority if there are not qualified alternates available
to take the place of such members.
Boards shall follow quasi-judicial procedures in determining appeals of administrative decisions, special
use permits, certificates of appropriateness, variances, or any other quasi-judicial decision (G.S. 160D-
406).
Members of the Board of Adjustment shall not participate in or vote on any quasi-judicial matter in a
manner that would violate affected persons' constitutional rights to an impartial decision maker.
Impermissible violations of due process include, but are not limited to, a member having a fixed opinion
prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close
familial, business, or other associational relationship with an affected person, or a financial interest in
the outcome of the matter. If an objection is raised to a board member's participation at or prior to the
hearing or vote on that matter and that member does not recuse himself or herself, the remaining members
of the board shall by majority vote rule on the objection. For purposes of this section, a close familial
relationship means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes
the step, half, and in-law relationships.12 (G.S. 160D-109(d), (e), (f)).
Section 133. Appeals. Hearings and Notice.
An appeal from the decision of the zoning enforcement officer may be taken by any person aggrieved
or affected by such decision to the Board of Adjustment. The owner or other party shall have 30 days
from receipt of the written notice of the determination within which to file an appeal. Any other person
with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice
of the determination within which to file an appeal. In the absence of evidence to the contrary, notice
pursuant to G.S. 160D-4-3(b) given by first class mail shall be deemed received on the third business
day following deposit of the notice for mailing with the United States Postal Service (G.S. 160D-405(d).
Section 134. Stay of Proceedings.
An appeal stays all legal proceedings in furtherance of the action appealed from unless the zoning
enforcement officer certifies to the Board of Adjustment after the notice of appeal shall have been
filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of Adjustment or by a court of record an
application, on notice to the zoning enforcement officer and on due cause shown.
Section 135. Powers and Duties of the Board of Adjustment.
135.1 Administrative Review. To hear and decide appeals where it is alleged there is error in any
order, requirement, decision or determination made by the zoning enforcement officer in the
enforcement of this Ordinance.
135.2 Special U s e s : Conditions Governing Application. to grant in particular cases and
subject to appropriate conditions and safeguards, permits for special uses as authorized by this
Ordinance and set forth as special uses under the various use districts, the Board shall not grant
a special use permit unless and until:
:•

135.21 A written application for a special use permit is submitted indicating the section of this
Ordinance under which the special use permit is sought. Each application shall be
accompanied by a fee set forth in the Town's Fee Schedule to help defray the costs of
advertising the public hearing required by Article 19, Chapter 160D-601 of the North
Carolina General Statutes. (Amended 2/2/99) (Amended 9/2/2003)
135.22 A public hearing is held. Notice of such public hearing shall be posted on the property for
which the special use permit is sought and in a local newspaper a reasonable amount of time
prior to the public hearing. This legal notice shall describe the request and appear at least once
weekly for two consecutive weeks.
135.23 The Board of Adjustment finds that in the particular case in question the use for which the
special use permit is sought will not adversely affect the health or safety of persons residing
or working in the neighborhood of the proposed use, and will not be detrimental to the public
welfare or injurious to property or public improvements in the neighborhood. In granting such
a permit, the Board of Adjustment may designate such conditions in connection therewith as
will conform to the requirements and spirit of this Ordinance.
135.24 Compliance with other Codes. Granting a special use permit does not exempt the
applicant from complying with all of the requirements of building codes or other
ordinances.
135.25 Revocation. If at any time after a special use permit has been issued, the Board of
Adjustment finds thatthe conditions imposed and agreements made have not been orare not
being fulfilled by the holder of a special use permit, the permit shall be terminated and the
operation of such use discontinued. If a special use permit is terminated forany reason itmay
be reinstated only afterapublic hearing is held.
135.26 Expiration. In any case where a special use permit has not been exercised within the time limit
set by the Board of Adjustment, or within two year". § if no specific time limit has been set, then
without further action, the permit shall be null and void. "Exercised" as set forth in this
subsection shall mean that binding contracts for the construction of the main building shall
have been let; or in the absence of contracts, that the main building is under construction to a
substantial degree; or that prerequisite conditions involving substantial investment are
contracted for, in substantial development, or completed (sewerage, drainage, etc.). When
construction is not a part of the use, "exercised" shall mean that the use is in operation in
compliance with the conditions set forth in the permit.
135.27 Careful record. A careful record of such application and plat, together with a record of the
action taken thereon, shall be kept in the office of the zoning enforcement officer.
135.28 Minor modifications to a special use permit may be administratively approved by the zoning
administrator if issues arise after the special use permit has been approved by the Board of
Adjustment that keep the applicant from carrying out the strict interpretation of the ruling.
The Zoning Administrator is authorized to review and approve administratively a minor
modification to an approved special use permit. Minor modifications include: reconfiguring
parking design, changing landscaping or buffering arrangements, or slightly altering road and lot
M.

configurations for a development that has already gone through the full approval process. Minor
modifications are subject to the following limitations.
General Limitations. The minor modification:
Does not involve a change in uses permitted or the density of overall development
permitted;
Does not increase the impacts generated by the development on traffic, stormwater
runoff, or similar impacts beyond what was projected for the original development
approval; and
Meets all other ordinance requirements.
An adjustment to landscape standards up to 10% percent of required landscaping.
135.3 Variances. Any application for a variance shall be filed with the Town Manager at least twenty
(20) days prior to the date on which it is to be introduced to the Board of Adjustment the Town
Manager or the designated staff member shall be responsible for presenting the application to
the Board of Adjustment. Each variance application shall be accompanied by a fee set forth
in the Town's Fee Schedule to help defray the costs of advertising the public hearing required
by Article 19, Chapter 160D-601 of the North Carolina General Statutes.
A variance from the terms of this ordinance shall not be granted by the Board of Adjustment
unless and until:
135.31 A written application for a variance is submitted demonstrating:
(a) That special conditions and circumstances exist which are peculiar to the
land, structure, or building involved, and which are not applicable to
other lands, structures, orbuildings in the same district.
(b) That a literal interpretation of the provisions of this Ordinance would
deprive the applicant of rights commonly enjoyed by other properties in
the same district under the terms ofthis Ordinance.
(c) That said circumstances do not result from the action of the applicant.
(d) That granting the variance requested will not confer upon the
applicant any special privileges that are denied by this Ordinance to other
lands, structures, orbuildings inthe same district.
(e) That no nonconforming use of neighboring land, structures or
buildings in the same district and no permitted use of lands, structures
or buildings in other districts will be considered grounds forthe issuance
of avariance.
13 5.32 Notice of a public hearing shall be given as set forth in Subsection 135.22. At the public
hearing, any party may appear in person orby agent or attorney.
135.33 The Board of Adjustment shall make findings that the requirements of Subsection
135.31 shall have been met for avariance.
135.34 The Board of Adjustment shall make a finding that the reasons set forth in the

application justify the granting ofthe variance in the minimum one that will make
possible the reasonable use ofthe land, building orstructure.
135.35 The Board of Adjustment shall further make a finding that the granting of the
variance will be in harmony with the general purpose and intent of this
Ordinance, and will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
135.36In granting any variance, the Board of Adjustment may prescribe appropriate
conditions and safeguards in conformity with this Ordinance. Violation of such
conditions and safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this Ordinance and
punishable under Section 154ofthisOrdinance.
135.37 Under no circumstances shall the Board of Adjustment grant a variance to allow a use
not permissible under the terms or this ordinance in the district involved, or any
use expressly or by implication prohibited by the terms of this Ordinance in said
district.
Section 136. Decision ofthe Board of Adjustment.
In exercising the above -mentioned powers, the Board of Adjustment may reverse or affirm, wholly or
in part, or may modify any order, requirements, decision or determination and to that end shall have
the powers ofthe administrative official from whom the appeal is taken.
Section 137. Duties of the Zoning Enforcement Officer, Board of Adjustment, Courts and Town
Council on Matters of Appeal.
It is the intention of this Ordinance that all questions arising in connection with the enforcement of this
Ordinance shall be presented to the zoning enforcement officer and that such question shall be presented
to the Board of Adjustment only on appeal from the zoning enforcement officer and that from the
decision of the Board of Adjustment recourse shall be had to courts as prescribed by law. It is further
the intention of this Ordinance that the duties of the Cajah's Mountain Town Council in connection
with the Ordinance shall not include the hearing and passing upon disputed questions that may arise in
connection with the enforcement thereof. The duties of the Town Council in connection with this
Ordinance shall be only the duty of considering and passing upon any proposed amendments or repeal
of this Ordinance.
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ARTICLE XIV
AMENDMENTS AND CHANGES
Section 140. Procedure forAmendments.
A petition for an amendment to this Ordinance and to the Official Zoning Map may be initiated by
the Town of Cajah's Mountain, the Planning Board, any department or agency of the Town of
Cajah's Mountain, the owner of any property within the Town, or any interested citizen who can
show just cause for an amendment. Applications submitted by individual property owners or
interested citizens who are not acting in an official capacity for the Town of Cajah's Mountain shall
comply with the following procedural requirements. Under no circumstances shall the Town
Council adopt such amendments that would cause this Ordinance to violate the watershed
protection rules as adopted by the North Carolina Environmental Management Commission.
Amendments affecting the watershed protection portions of this Ordinance shall be filed with the
North Carolina Division of Environmental Management, the North Carolina Division of
Environmental Health, andtheNorth Carolina Division of Community Assistance.
140.I Application Submission. Any person for an amendment to the Zoning Ordinance shall be
filed with the Town Planner or Town Manager at least twenty (20) days prior to the date on
which it is to be introduced to the Planning Board. Each petition for an amendment shall be
accompanied by a fee set forth in the Town's fee schedule.
Each application involving a change to the Official Zoning Map shall be signed, be in
duplicate, and shall contain at least the following information;
a. The applicant's name in full, applicant's address, address or description of the
property to be rezoned, including the tax map number;
b. The applicant's interest in the property and the type ofrezoning requested.
If the proposed change would require a change in the Zoning Map, and accurate
diagram ofthe property proposed for rezoning, showing:
All property lines with dimensions, including north arrow;
2. Adjoining streets with rights-of-wayandpaving widths;
The location of all structures, existing and proposed, and the use ofthe land;
4. Zoning classification of all abutting property owners;
Names and addresses of all adjoining property owners.
d. A statement regarding the changing conditions, if any, in the area of in the Town generally
that make the proposed amendment reasonably necessary to the promotion of the public
health, safety, and general welfare.
140.2 Planning Board Consideration. All proposed amendments to the Zoning Ordinance shall be
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submitted to the Cajah's Mountain Planning Board for review and recommendation. At the
discretion of the Planning Board, a public hearing may be conducted to consider the proposed
amendment. The Planning Board shall have thirty (30) days from the time the proposed
amendment was first considered by the Planning Board to submit its written report. If no
written report is received from the Planning Board within thirty (30) days of referral to that
board, the Town Council may proceed without the Planning Board report. The Town Council
are not bound by the recommendations, if any, of the Planning Board. Members of the
Planning Board shall not vote on recommendations regarding any zoning map or text
amendment where the outcome has a direct, substantial and readily identifiable financial
impact on the member.
Plan consistency. When adopting or rejecting any zoning text or map amendment, the Town
Council shall approve a brief statement describing whether its action is consistent or inconsistent
with an adopted comprehensive plan. The requirement for a plan consistency statement may also
be met by a clear indication in the minutes of the Town Council, that at the time of action on the
amendment, the Town Council was aware of and considered the planning board's
recommendations and any relevant portions of an adopted comprehensive plan. If the
amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning
amendment shall have the effect of also amending any future land use map in the approved plan
and no additional request or application for a plan amendment shall be required. A plan
amendment and a zoning amendment may be considered concurrently. The plan consistency
statement is not subject to judicial review. If a zoning map amendment qualifies as a "large-scale
rezoning" under G.S. 160D-6-2(b), the Town Council statement describing plan consistency may
address the overall rezoning and describe how the analysis and polices in the relevant adopted
plans were considered in the action taken.
140.21 Required Notifications
a. Legal Notice of Public Hearing: No amendment shall be adopted by the Town until
after a public notice and hearing. In accordance with NCGS 160D-601, notice of the
public hearing shall be given once a week for two consecutive calendar weeks in a
newspaper having general circulation in the area. The notice shall be published for the first
time not less than ten (10) days nor more than twenty-five days before the date fixed
for this hearing.
b. Mail Notice Requirements Whenever an amendment involves a change in the
zoning classification of a parcel of land, the owner of affected parcels of land, and the
owners of all parcels of land abutting that parcel of land, shall be mailed a notice of the
hearing on a proposed zoning map amendment by first class mail at the last addresses listed
for such owners on the county tax abstracts. For the purpose of this section, properties are
"abutting" even if separated by a street, railroad, or other transportation corridor.
Additionally, the town shall prominently post a notice of the public hearing on the site
proposed for rezoning the amendment or on an adjacent public street or highway right-of-
way. The notice shall be posted within twenty-five days prior to the hearing until 10 days
prior to the hearing. When multiple parcels are included within a proposed zoning map
amendment, a posting on each individual parcel is not required, but the town shall post
sufficient notices to provide reasonable notice to interested persons (G.S. 160D-602).
C.
d. Substitute Notice In accordance with NCGS 160D-602(b) individual mailed notices may
be waved in lieu of a substitute notice if the amendment meet at least one of the following
criteria:

i) if the zoning reclassification involved more than fifty (50) properties, owned by a
total of at least fifty (50) different owners;
ii) if the proposal involves an amendment to the text of the Zoning Ordinance such
that it changes the permitted, special or accessory uses in of a zoning district;
iii) If the Town is adopting a water supply watershed protection program as required
by NCGS 143-214.5
Notice requirements for amendments meeting any of the aforementioned criteria are as
follow:
i. Notice of the public hearing shall be published in a newspaper of general
circulation at least twice during the two consecutive weeks prior to the
hearing. The notice must include a map no less than one-half the size of
the newspaper page. The map must show the boundaries of the area
affected by the proposed amendment;
ii. The Town must notify by first class mail any property owner who resides
outside of the Town's Zoning jurisdiction or outside the circulation of the
newspaper in which the notice is published. The notice must be mailed to
the last address listed for such owners on the most recent county tax listing.
e. When a zoning map amendment is proposed, the Town shall prominently post a
notice of the public hearing on the site proposed for rezoning or on an adjacent public
right-of-way. If there are multiple parcels being considered, the Town shall post sufficient
notices to provide reasonable notice to interested persons.
Any petition for an amendment to this Ordinance may be withdrawn at any time by written
notice to the Town Manager.
140.3 A Town Council member shall not vote on any zoning map or text amendment where the outcome
of the matter being considered is reasonably likely to have a direct, substantial and readily
identifiable financial impact on the member (NCGS (G.S. 160D-109(d), (e), (f)). Prior to adopting
or rejecting any zoning amendment, the Town Council shall adopt a statement describing whether
its action is consistent with an adopted land development plan or any other official plan that is
applicable. This statement shall also explain why the Board considers the action taken to be
reasonable and in the public interest (NCGS 160A-383).
140.4 Small-scale rezoning. A statement analyzing the reasonableness of the proposed rezoning shall
be prepared for each petition for a rezoning to a special of conditional use district, or a conditional
district, or other small-scale rezoning.
Section 141. Protest Petition.
141.1 General. A protest petition may be presented against any proposed map amendment signed by
either (i) the owners of twenty percent (20%) or more of the area of the property included in the
proposed changed, or (ii) five percent (5%) of a 100-foot-wide buffer extending along the entire
boundary of each discrete or separate area proposed to be rezoned, A street right- of -way shall
not be considered in computing the 100-foot buffer as long as that street right- of -way is 100
feet wide or less, When less than an entire parcel of land is subject to the proposed map
amendment, the I 00-foot buffer shall be measured form the property line of that parcel, In the
absence of evidence to the contrary, the Town may rely on the county tax listing to determine
the owners of potential qualifying area. In the case of a valid protest petition, the amendment
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shall not become effective except by favorable vote of three- fourths of all members of the
Cajah's Mountain Town Council. For the purposes of this subsection, vacant positions on the
Town Council and members who are excused from voting shall not be counted in the
calculation of three -fourths of the membership. A person who has signed a protest petition may
withdraw his or her name from the petition at any time prior to the vote on the proposed map
amendment. Only those protest petitions that meet the aforementioned qualifying standards at
the time of the vote shall trigger the supermajority voting requirement,
141.2 Petition Requirements. No protest against any change in or amendment to the Zoning
Ordinance or Zoning Map shall be valid or effective unless it be in the form of a written
petition actually bearing the signatures of the requisite number of property owners and stating
that the signers do protest the proposed change or amendment, unless it shall have been
received by the Town Manager or Town Planner in sufficient time to allow the Town at least
two normal working days, excluding Saturdays, Sundays and legal holidays, before the date
established for a public hearing on the proposed change or amendment to determine the
sufficiency and accuracy of the petition (G.S. 160D-604).
W

ARTICLE XV
LEGAL PROVISIONS
Section 150. Interpretation, Purpose and Conflict.
In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum
requirements for the promotion of the public safety, health, convenience, prosperity, and general
welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements,
covenants, or other agreements between parties, provided, however, that where this Ordinance
imposes a greater restriction upon the use of buildings orpremises orupon the height of buildings, or
requires larger open spaces than are imposed orrequired by other Ordinances, rules, regulations, orby
easements, covenants, or agreements, the provisions of this Ordinance shall govern, provided that
nothing in the Ordinance shall be construed to amend or repeal any other existing Ordinance of the
Town.
Section 151. Town Attorney May Prevent Violation.
If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or
any structure or land is used in violation of this Ordinance, the Zoning Enforcement Officer shall
inform the Town Attorney. In addition to other remedies, the Town Attorney may institute any
appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance of use, or restrain, correct or abate such violation, to
prevent the occupancy of such structure or land or to prevent any illegal act, conduct, business or use
in about the premises.
Section 152. Validity.
Should any section or provisions of this Ordinance be declared by the courts to be unconstitutional or
invalid, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof,
other than the part so declared to be unconstitutional or invalid.
Section 153. Penalties.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or
who resists the enforcement of any of the provisions of this Ordinance, shall upon conviction be subject
to a fine of fifty dollars ($50.00) or imprisonment for thirty (30) days. Each day that a violation
continues to exist shall constitute a separate offense.

Section 154. Adoption Date.
Adopted this 7th day of June 2021.
Mayor, Ronnie Setzer
Cajah's Mountain, NC
ATTEST:
Town Clerk
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