WSMU_KING_WSWP Ordinance_20230619

City of King, NC—Watershed Water Protection Ordinance
DIVISION 2. -WATERSHED OVERLAY DISTRICTSI
Footnotes:
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Cross reference— Floods, ch. 14; watershed regulations for subdivisions, § 26-236 et seq.
Sec. 32-271. -Generally.
Several departures from traditional zoning were incorporated when the Water Supply Watershed
Classification and Protection Act was ratified in 1989. A thorough understanding of this section forms the
foundation for understanding some of the complexities of the watershed overlay districts, the intent of
which is to protect areas around and upstream of drinking water supplies from stormwater runoff
contamination. This division is adopted under the authority of G.S. 143-214.5.
(Ord. No. 8.13-85, art. V, § 8, 9-7-93)
Sec. 32-272. - Definitions.
The following words, terms, and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Agricultural use means the use of waters for stock watering, irrigation, and other farm purposes.
Best management practices (BMPs) means structural or nonstructural management-based practices
used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve
water quality protection goals.
Built-upon area (BUA). Built-upon areas shall include that portion of a development project that is
covered by impervious or partially impervious cover including buildings, pavement, gravel roads,
recreation facilities (e.g., tennis courts), etc. (Note: Wood slatted decks and the water area of a swimming
pool are considered pervious.)
Cluster development means the grouping of buildings in order to conserve land resources and
provide for innovation in the design of the project. This term includes nonresidential development as well
as single-family residential subdivisions and multifamily developments that do not involve the subdivision
of land.
Development means any land disturbing activity which adds to or changes the amount of impervious
or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation
into the soil.
Existing development. Those projects that are built or those projects that at a minimum have met one
of the following criteria under state zoning as of the effective date of this division based on:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon
having received a valid local government approval to proceed with the project (vests for a two-
year period); or
(2) Having an outstanding valid building permit as authorized by G.S. 153A-344.1 and G.S. 160A-
385.1.

Hazardous material means any substance listed as such in: SARA section 302, Extremely
Hazardous Substances, CERCLA Hazardous Substances, or section 311 of CWA(oil and hazardous
substances).
Industrial development means any nonresidential development that requires an NPDES permit for an
industrial discharge and/or requires the use or storage of any hazardous material for the purpose of
manufacturing, assembling, finishing, cleaning, or developing any product or commodity.
Landfill means a facility for the disposal of solid waste on land in a sanitary manner in accordance
with G.S. 130A-290 et seq. For the purpose of this division, this term does not include composting
facilities.
Major watershed variance means a variance that results in any one or more of the following:
(1) The complete waiver of a watershed management requirement;
(2) The relaxation, by a factor of more than ten percent, of any watershed management requirement
that takes the form of a numerical standard;
(3) The relaxation of any watershed management requirement that applies to a development
proposal intended to qualify under the high-density option.
Minor watershed variance means a variance that does not qualify as a major watershed variance.
Nonresidential development means all development other than residential development, agriculture,
and silviculture.
Plat means a map or plan of a parcel of land which is to be or has been subdivided.
Residential development means buildings for residence such as attached and detached single-family
dwellings, apartment complexes, condominiums, townhouses, cottages, etc., and their associated
outbuildings such as garages, storage buildings, gazebos, etc., and customary home occupations.
Toxic substance means any substance or combination of substances (including disease causing
agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any
organism, either directly from the environment or indirectly by ingestion through food chains, has the
potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological
malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in
such organisms or their offspring or other adverse health effects.
Watershed means the entire land area contributing surface drainage to a specific point (e.g., the
water supply intake).
Watershed administrator. The zoning enforcement officer shall function as the watershed
administrator.
Watershed review board. The planning board shall function as the watershed review board when
controlling development within the watershed.
(Ord. No. 8.13-85, art. V, § 8(M), 9-7-93; Ord. No. 8.14-85, § 1, 11-1-93)
Cross reference—Definitions generally, § 1-2.
Sec. 32-273. -Jurisdiction.
The provisions of this division shall apply within the area designated as a public water supply
watershed by the state environmental management commission on a 1:24,000 watershed protection map,
which is adopted simultaneously herewith. The official zoning map (with the previously defined boundary
having been transferred so as to form an overlay zoning district) is hereby made a part of these
regulations.

(Ord. No. 8.13-85, art. V, § 8(N), 9-7-93)
Sec. 32-274. - Exceptions to applicability.
(a) Existing development, as defined in this chapter, is not subject to the requirements of this chapter.
Expansions to structures classified as existing development must meet the requirements of this
division; however, the built-upon area of the existing development is not required to be included in the
density calculations.
(b) A preexisting lot owned by an individual prior to the effective date of the ordinance from which this
chapter derives, regardless of whether or not a vested right has been established, may be developed
for single family residential purposes without being subject to the restrictions of this division. However,
this exemption is not applicable to multiple contiguous lots under single ownership.
(Ord. No. 8.13-85, art. V, § 8(A), 9-7-93)
Sec. 32-275. -Cluster development.
(a) Minimum lot sizes are not applicable to single family cluster development projects; however, the total
number of lots shall not exceed the number of lots allowed for single-family detached developments
in section 32-163. The overall residential density or nonresidential built-upon area shall not exceed
that allowed for the protected area.
(b) All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving
waters and minimize concentrated stormwater flow.
(c) The remainder of the tract shall remain in a vegetated or natural state. Where the development has
an incorporated property owners association, the title of the open space area shall be conveyed to the
association for management. Where a property association is not incorporated, a maintenance
agreement shall be filed with the property deeds.
(Ord. No. 8.13-85, art. V, § 8(B), 9-7-93)
Sec. 32-276. - Buffer area required.
(a) No new development is allowed in the buffer except for water dependent structures and public projects
such as road crossings and greenways where no practical alternative exists. These activities should
minimize built-upon surface area, direct runoff away from the surface waters and maximize the
utilization of stormwater best management practices.
(b) A minimum 30-foot vegetative buffer for development activities is required along all perennial waters
indicated on the most recent versions of USGS 1:24,000 (7.5 minute) scale topographic maps or as
determined by local government studies, unless a high-density option is chosen and then a 100-foot
buffer is required. Desirable artificial streambank or shoreline stabilization is permitted.
(Ord. No. 8.13-85, art. V, § 8(C), 9-7-93)
Sec. 32-277. -Zoning enforcement officer and duties thereof.
It shall be the duty of the zoning enforcement officer to administer and enforce the provisions of this
division as follows:
(1) The zoning enforcement officer shall keep records of all amendments to these overlay provisions
and shall provide copies of all amendments upon adoption to the Supervisor of the Classification
and Standards Group, Water Quality Section, Division of Environmental Management, the state
division of environmental health, and the state division of community assistance.

(2) The zoning enforcement officer shall keep a record of all minor and major watershed variances
to these overlay provisions. The record of all minor watershed variances shall be submitted to the
Supervisor of the Classification and Standards Group, Water Quality Section, Division of
Environmental Management on or before January 1 of each year and shall provide a description
of each project receiving a variance and the reasons for granting the variance.
(Ord. No. 8.13-85, art. V, § 8(D), 9-7-93)
Sec. 32-278. - Major watershed variances.
(a) To hear upon appeal in specific cases such major watershed variances from the term of this division
that exceed the definition contained in section 32-272.
(1) Appeals, hearings, notice. Appeals to the board of adjustment may be taken by any person
aggrieved or by an officer, department, board, or bureau of the city affected by any decision of
the zoning enforcement officer. Such appeals shall be taken within not more than 60 days from
the date the order, interpretation, decision, or determination is made by filing with the zoning
enforcement officer and with the board of adjustment a notice of appeal specifying the grounds
thereof. The zoning enforcement officer shall forthwith transmit to the board all the papers
constituting the record upon which the action appealed from was taken. The board of adjustment
shall fix a reasonable time for the hearing of the appeal or other matter referred to it, give public
notice thereof, as well as due notice to the parties in interest, and decide the same within a
reasonable time.At the hearing any party in interest may appear in person or by agent or attorney.
(2) Proceedings of the board of adjustment. 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 record minutes of the proceedings, showing the
vote of each member upon each question or, if absent or failing to vote, indicating such fact. The
board shall keep records of the proceedings, prepare a report containing findings of fact,
conclusions of law and recommended decision and forward such record to the environmental
management commission (which must approve all major watershed variances). A denial of the
major watershed variance by the board of adjustment need not go to the environmental
management commission for review. One copy of any report forwarded to the environmental
management commission shall be kept on file by the clerk.
(b) The preliminary record shall be sent to the environmental management commission for its review as
follows:
(1) If the commission concludes from the preliminary record that the variance qualifies as a major
variance and that the property owner can secure no reasonable return from, nor make any
practical use of the property unless the proposed variance is granted, and the variance, if granted,
will not result in a serious threat to the water supply, then the commission shall approve the
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
watershed variance and that the property owner can secure a reasonable return from or make a
practical use of the property without the variance or 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 a commission decision and send it to the board of adjustment.The
board shall prepare a final decision denying the variance as proposed.
(Ord. No. 8.13-85, art. V, § 8(E), 9-7-93)

Sec. 32-279. - Impact on farms.
The provisions of this division do not apply to bona fide farms so long as they exist outside the
designated watershed area. Otherwise, the provisions of section 32-6 apply.
(Ord. No. 8.13-85, art. V, § 8(F), 9-7-93)
Sec. 32-280. - New zoning district.
For purposes of this division, a WSIV-PA(0), Watershed IV Protected Area (Overlay)district is
added to the 30 districts of section 32-161 and 164.
(Ord. No. 8.13-85, art. V, § 8(G), 9-7-93)
Sec. 32-281. - Rules governing interpretation of district boundary.
Where conflict exists as to whether a tract is inside or outside a watershed area, it shall be the
responsibility of the petitioner to present topographical data supporting his case.
(Ord. No. 8.13-85, art. V, § 8(H), 9-7-93)
Sec. 32-282. -WSIV-PA(0) district.
(a) Established. The intent of the WSIV-PA(0) Watershed IV Protected Area (Overlay) is to allow
development with fewer restrictions because the risk of water quality degradation from pollution is less
in the protected area than in the critical area. Only new development activities that require an
erosion/sedimentation control plan under state law or approved local government program are required
to meet the provisions of this division when located in a WSIV watershed. In order to address a
moderate to high land use intensity pattern, residential and nonresidential uses shall develop at a
maximum of two dwelling units per acre and 24 percent built-upon area, respectively. A maximum of
three dwelling units per acre or 36 percent built-upon area is allowed for projects without a curb and
gutter street system.
(b) Permitted uses. Uses permitted in this overlay district are indicated in article IV, Uses by Zoning
District, except as indicated in subsection (c) of this section.
(c) Limitations. Limitations are as follows:
(1) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food,Agricultural,
Conservation and Trade Act of 1990.
(2) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality
(15 NAC 11.6101-.0209).
(3) Residential development, not to exceed two dwelling units per acre, on a project-by-project basis.
The projects without a curb and gutter street system residential density shall not exceed three
dwelling units per acre. For purposes of density calculations, total project acreage shall not
include any area within the designated right-of-way of any public or private street within the
project, nor shall it include any area within the project donated or dedicated to the public, except
for stormwater control structures approved under the high-density option. No residential lot shall
be less than one-half acre, or one-third acre for projects without a curb and gutter system, except
within an approved cluster development.
(4) Nonresidential development, shall not exceed 24 percent built-upon area on a project by project
basis. For projects without a curb and gutter street system, development shall not exceed 36
percent built-upon area on a project-by-project basis. The 10/70 provision may be used on a
project-by-project basis and will be reviewed as a conditional use by the planning board and final

review by the city council. The 10/70 provision allows up to ten percent of the city's jurisdiction
that is in the watershed protected area to be developed up to 70 percent. This would be at the
discretion and review of the city council. Amendment of the official map of the watershed
protection area in compliance with state regulations and mandates.
(5) The storage of toxic and hazardous materials is prohibited unless a spill containment plan is
implemented.
(6) The department of transportation must use BMPs as described in their document, "Water Supply
Watershed Best Management Practices."
(7) Prohibited uses include flammable liquids or gases bulk storage facilities and junk yards.
(d) Dimensional requirements. The lot area shall be 21,780 square feet minimum lot area per dwelling
unit (with curb and gutter); 14,520 square feet minimum lot area per dwelling unit (without curb and
gutter).
(Ord. No. 8.13-85, art. V, § 8(I), 9-7-93)
Sec. 32-283. - Density bonus.
Notwithstanding sections 32-248 and 32-249, in no case shall the overall residential density or
nonresidential built-upon area or stormwater control requirements of the project exceed that allowed for
the protected area.
(Ord. No. 8.13-85, art. V, § 8(I), 9-7-93)
Sec. 32-284. - Existing development.
Existing development is not subject to the requirements of this division. Expansions to structures
classified as existing development must meet the requirements of this division; however, the built-upon
area of the existing development is not required to be included in the density calculations.
(Ord. No. 8.13-85, art. V, § 8(K), 9-7-93)
Sec. 32-285. - Minor and major watershed variances.
When considering minor and major watershed variances, the city shall notify and allow a reasonable
comment period for all other local governments having jurisdiction in the designated watershed where the
watershed variance is being considered. Local governments receiving such notification shall submit
comments to the zoning enforcement officer prior to a board of adjustment decision. Such comments
shall become a part of the public record.
(Ord. No. 8.13-85, art. V, § 8(L), 9-7-93)
Secs. 32-286-32-315. - Reserved