WSMU_HICK_WSWP Ordinance_20231106

ORDINANCE NO. �_3 J-3
AN ORDINANCE OF THE HICKORY CITY COUNCIL AMENDING ARTICLES 2, 3, 4, 6, 7,
S, 9,10,12 AND 14 OF THE HICKORY LAND DEVELOPMENT CODE.
WHEREAS, Article 2, Section 2.2 of the Hickory Land Development Code provides for
amendments to the Hickory Land Development Code; and
WHEREAS, the City of Hickory has reviewed its Land Development Code in light of the Hickory
by Choice 2030 Comprehensive Plan and the North Carolina General Statutes and found the amendments
shown in EXHIBIT A are necessary to maintain the relevancy of said plan and to remain compliant with
state statutes; and
WHEREAS, the Hickory Regional Planning Commission considered the proposed amendments
during a public hearing on October 25, 2023 and forwarded a recommendation of approval to the City
Council; and
WHEREAS, Article 2 of the Hickory Land Development Code requires findings the proposed
amendments are in response to changing conditions and is reasonably necessary to promote the public
health, safety and general welfare, and comply with applicable state statutes; and
WHEREAS, the City Council has found Text Amendment 23-02 to be in conformance with the
Hickory by Choice 2030 Comprehensive Plan,
NOW, THEREFORE, BE IT ORDAINED by the City Council of Hickory, North Carolina,
THAT THE PROPOSED AMENDMENTS TO THE HICKORY LAND DEVELOPMENT CODE AS
DESCRIBED IN EXHIBIT A are approved.
SECTION 1. Findings of Consistency and Reasonableness.
a) Whether the proposed amendment corrects an error or inconsistency in the Land Development Code
or meets the challenge of a changing condition.
The amendments reflect updates found necessary ensure the continued relevancy of the Hickory by
Choice 2030 Comprehensive Plan and remain in conformity with the North Carolina General
Statutes.
b) Whether the proposed amendment is consistent with the Hickory by Choice Comprehensive Land
Use and Transportation Plan, and the stated purpose of the Land Development Code.
The proposed amendments work to further implement the Hickory by Choice 2030 Comprehensive
Plan.
Land Development Code - Amendments 2023
Page 1 of 2

c) Whether the proposed amendments will protect the public health, safety and general welfare.
The amendments further the City's efforts to protect the health, safety, and general welfare
of the public.
SECTION 2. All ordinances or provisions of the Hickory City Code which are not in
conformance with the provisions of the Amendment occurring herein are repealed as of the
effective date of this Ordinance.
SECTION 3. Technical Corrections. City Staff is authorized to correct any typographical, cross-
reference, numbering, formatting, or other errors which may hereafter be discovered and to publish or
distribute correction sheets as may be necessary. This section shall not be construed as authorizing City
Staff to make any substantive changes to the provisions of the code without presenting the same to Council
for consideration and approval as required by law.
Based upon these findings, the Hickory City Council has found Rezoning Petition 23-02 to be
reasonable and consistent with the findings and recommendations of the Hickory by Choice 2030
Comprehensive Plan.
SECTION 4. This Ordinance shall become effective upon adoption.
ORDAINED
(SEAL)'
V -
Attest:
Debbie D. Miller, City Clerk
Council of Hickory, North Carolina, this, the J i.i day of
THE CITY OF HICKORY, a
North Carolina Municipal Corporation
B
Guess, Ma r
����
Approved as to form this b� day of 32023.
V1rA0
Attorney for the City of Hickory
Land Development Code - Amendments 2023
Page 2 of 2

EXHIBIT A
4.4.11 Certificate of Appropriateness
Procedures. Certificates of Appropriateness shall be reviewed and approved in accordance with
the procedures of Sec. 2.5.
4.5 Watershed Protection Overlay District (WP--O) (TA 18--01)
4.5.1 General Provisions
Intent. The WI'-O, Watershed Protection Overlay district provisions ofthis section are intended to
carry out the requirements of Article 21 of Chapter 143 of the General Statutes of North Carolina
and to limit the exposure of public supply watersheds to pollution from surface water runoff. The
sources of such pollution include stormwater runoff from built upon areas, leachate from sanitary
landfills, accidental spills of hazardous materials, wastewater discharges, soil erosion, land
application of sludge or petroleum contaminated soils and other point and nonpoint sources of
pollution. Generally, land within the Lake Hickory Water Supply Watershed is classified as WS-
IV, and land within the Jacob's Fork Water Supply Watershed is classified as WS41T.
Effect of WP-O District Designation. The WP-O district is applied in combination with
("everlaying underlying") existing base zoning districts and has the effect of modifying the
requirements, regulations and procedures applying in the applicable base -zoning district to the
extent expressly indicated in this section. When no special WF-O district standards are specked,
all other applicable regulations of this Land Development Code will govern.
4.5.2 Applicability; Exemptions (TA .21-01)
New development within WS-IV watershed areas on parcels or project sites equal to or greater than
one (1) acre shall comply with the requirements of this section. Development on parcels or project
sites less than one (1) acre are not exempt if they are part of a larger common plan of development
or sale, even though multiple, separate or distinct activities take place on different schedules. All
new development shall comply with the buffer requirements of Sec. 4.5.10,
Existing development is not subject to the requirements of this section. Expansions to structures
classified as existing development must meet the requirements ofthis ordinance, however, the built -
upon area of the existing development is not required to be included in the density calculations.
Single lots of record as of June 3A, July 1, 1993, if zoned for residential use, may be developed for
single family residential purposes in accordance with the other requirements of the Hickory Land
Development Code without being subject to the restrictions of this section. Such lots of record shall
not be required to be combined to achieve the density standards of this section.
Expansions to non -single family structures classified as existing development must meet the
requirements of this section; however, the built upon area of the existing development is not
required to be included in the density calculations. Expansions to structures other than existing
development must meet the requirements of this section for the entire site.
Redevelopment of built upon areas of existing development is allowed if the rebuilding activity
does not have a net increase in built upon area or provides equal or greater storinwater control
than the previous development.
Single family dwellings may be expanded, redeveloped or replaced in accordance with the other
requirements of the Hickory Land Development Code without being subject to the restrictions of
this section.
Nothing contained herein shall repeal, modify, or amend any state or federal law or regulation, or
any ordinance or regulation pertaining thereto except any ordinance which these regulations
72 City of Hickory Land Development Code (2023 Update)

EXHIBIT A
specifically replace; nor shall any provision of this ordinance amend, modify, or restrict any
provisions of the City's Code of Ordinances resolutions, and regulations in effect in the City at the
time of the adoption of this ordinance that may be constituted to nrnpair or reduce the effectiveness
of this ordinance or to conflict with any of its provisions.
It is not intended that these regulations interfere with any casement, covenants or other agreements
between parties. However, if the provisions of these regulations impose greater restrictions or
higher standards for the use of land or a building, then the provisions of these regulations shall
control.
4.5.3 WP-0 District Boundaries
The boundaries of the WP-0 district are shown on the official zoning map. The WP-O district is
divided into critical area, balance of watershed, and protected area sub districts shown on the
official zoning atlas.
4.5.4 Definitions (TA 21-01)
Unless specifically defined below, words or phrases used in this section shall be interpreted so as
to give them the meaning they have in common usage and to give this section its most reasonable
application. The definitions of this subsection shall be used solely for the purpose of interpreting
and administering the Watershed Overlay district provisions of this section.
Tenn
Definition
Animal Unit
A unit of measurement developed by the US Enviromnental Protection Agency that is
used to compare different types of animal operations.
Balance of Watershed (BW)
The area adjoining and upstream of the critical area in the WS-Ill (Jacob's Fork)
water supply watershed. The "balance of watershed" is comprised of the entire
land area contributing surface drainage to the stream, river, or reservoir where
the water supply intake is located. This term applies to any portion of the
Hickory Regional Planning Area located in the Jacobs Fork Water Supply
Watershed for the application of watershed protection overlay district
regulations.
Buffer
An area of natural or planted vegetation through which storm water runoff flows in a
diffuse manner so that the runoff does not become channelized and which provides for
infiltration of the runoff and filtering of pollutants. The buffer is measured landward
from the normal pool elevation of impounded structures and from the bank of each side
of streams or rivers.
Built -Upon Area
Built -upon area means impervious surface and partially impervious surface to
the extent that the partially impervious surface does not allow water to infiltrate
through the surface and into the subsoil. 'Built -upon area" does not include a
slatted deck; the water area of a swimming pool; a surface of number 57 stone,
as designated by the American Society for Testing and Materials, laid at least
four inches thick over a geotextile fabric; a trail as defined in G.S. 113A-85 that
is either unpaved or paved as long as the pavement is porous with a hydraulic
conductivity greater than 0.001 centimeters per second (1.41 inches per hour);
or landscaping material, including, but not limited to, gravel, mulch, sand, and
vegetation, placed on areas that receive pedestrian or bicycle traffic or on
portions of driveways and parking areas that will not be compacted by the
weight of a vehicle, such as the area between sections of pavement that support
the weight of a vehicle (except as exempted by State law).
Common Plan of
Site with multiple lots where there is a single development plan for all the lots,
Development
usually represented by a master plan or a set of declarations or restrictive
covenants.
City of Hickory Land Development Code (2023 Update) 73

EXHIBIT A
Critical Area
The watershed area adjacent to Lake Hickory west of the NC 127 bridge extending
either one half mile fiom the normal pool elevation ofthe Iake or to the ridgeline of the
watershed (whichever comes first) where the risk associated with pollution of the water,
supply is greatest. This teen also applies to any portion of the Hickory Regional
Planning Area located in the Jacob's Fork Water Supply Watershed for the application
of watershed protection overlay district regulations.
Developed Parcel
Any parcel of a parcel pair that, under any approval granted under this part, may be
developed to a development density or intensity that exceeds the maximum
development density or intensity that would apply to the parcel if the paired -parcel
averaged -density development option were not available.
Exemption
An exemption is the complete waiver of a management requirement or the relaxation
of any management requirement that applies to a development proposal intended to
uali under the high -density option.
Existing Development
Those projects that are built or that have a established vested right under North Carolina
General Statutes as of July 1, 1993.
EAsting development-, far the these be defiRed those
purposes of f ules, gball as projects
that built er- these #mt have
afe projects at a iniaiii4iw+i established a: vest -ad Fight
Nn-44-h C-244-elina low the date this Water Supply Ordi
zoning as of effective
1, 1993) ter- such earlier-t;Mr. t4atthe HiekeFy-s
-City of managemenfi
.aiwe shall s e.fi. based ., at least a .,F tY, ,, Fa 11 .,...»,,g
oFdi
��.+ .Itl T.rJ�.Je , Blzitrria.
0) Subsiantial expenditures of resources (time, labor-, Rqeney)based 9R a g ed
Nth reliance .,poi having ,ed a
appi-eyal fi•9m the Gib, ..�F71;..kei:..+e
fine:
,.,, ...,....,.... .mot...., .....,,,� .. ya4id pr-,,....e
group b
(2) Having a va4id mbuil&g 1.y Nef4h Gafelina General
pemmit as aRfhwized
Statute
Existing Lot
A lot which is part of a subdivision, a plat of which has been recorded in the
Office of the Register of Deeds prior to July 1, 1993.
Hazardous Material
Any substance listed as such in the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) at 42 U.S.C. Chapter 103 (CERCLA); the
1986 amendments to CERCLA known as the Superfund Amendments and
Reauthorization Act (SARA, Section 302 (dealing with extremely hazardous
substances), or 33 U.S.C. § 1321 (Section 311 of the Clean Water Act dealing with oil
and hazardous substances.
hupervious Coverage
That portion of a development project that is covered by impervious or partially
(TA 14-01)
impervious cover including buildings, pavement, gravel areas, recreation facilities (e.g.,
tennis courts, etc.) (Note: Wooden slatted decks and the water area of a swunming pool
are considered pervious.) Measurements of impervious coverage shall be based upon
net project area excluding land within existing street right of way or within the flooding
easements of Lake Hickory.
Landfill
A facility used for the disposal of solid waste on land in a sanitary manner in accordance
with Chapter 130A, Article 9 of the NC General Statutes. For the purpose of this
section, the term does not include composting facilities.
Major Variance
A variance that is not a minor variance as defined in this ordinance.
Minor Variance
A variance from the minimum statewide watershed protection rules that results
in a relaxation, by a factor of up to five (5) percent of any buffer, density or
built -upon area requirement under the high -density option; or that results in a
relaxation, by a factor of up to ten (10) percent, of any management requirem ent
under the low -density option. For variances to a vegetated setback requirement,
the percent variation shall be calculated using the footprint of built -upon area
74 City of Hickory Land Development Code (2023 Update)

EXHIBIT A
proposed to encroach with the vegetated setback divided by the total area o
ve etated setback within the project,
Nonresidential Development
All development other than residential development, agriculture or silviculture.
Paired -parcel Averaged-
A development proposal that includes a parcel pair meeting the development standards
density Development
of this Section and that qualifies for local development approval under the density-
A.14-OI
averaging provisionofNCGS §143-214.5.
Parcel Pair
Two noncontiguous parcels of land under the same or separate ownership, or two
contiguous parcels of land under separate ownership, the development plans for which
have been submitted in tandem so as to qualify for density averaged development
permission under this Section.
Perennial Stream
Streams that have flow year-round and are shown on the US Geological Survey's
quadrangle as a solid blue line or as identified by the jurisdictional assessment required
in this section.
Protected Area
The area adjoining and upstream of the critical area of the Water Supply Watershed in
which protection measures are required. The boundaries of the protected area are
defined as extending five miles upstream and draining to the portions of Lake Hickory
west of the NC 127 bridge or to the ridgeline of the watershed, whichever comes first.
This terra also applies to any portion of the Hickory Regional Planning Area located in
the Jacobs Fork Water Supply Watershed for the application of watershed protection
overIa district regulations.
Storrnwater Control Measures
A 9treFteral or nonstractaFal base-4 iee r r
management PERG 1150d g
(SCMs)
eembinatieft to r dHe inputs t :
nt sewee receiving a4ers ordev to aehieve
water alit., pileteetion b.e als
A permanent structural device that is designed, constructed, and maintained to remove
pollutants from storinwater runoff by promoting settling or filtration; or to mimic the
natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration
discharge, use of stormwater, or a combination thereof.
Stoirawater Design Manual
The Iatest edition of the Stormwater Design Manual published by the North Carolina
Department of Environmental Quality, Division of Energy, Mineral, and Land
Resources (DEQ, DEMLR)
Surface Waters
All waters of the State as defined in NCGS 143-212 except ground waters.
Undeveloped Parcel
The parcel in a parcel pair that is not developed.
Vegetative Conveyance
A low -density stormwater diversion / control feature meeting the following criteria:
1. Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless it is
demonstrated the soils and vegetation will remain stable in perpetuity based
on engineering calculations and on -site soil investigation; and
2. The conveyance shall be designed so that it does not erode during peak flow
form the 10- ear storm event as demonstrated by engineering calculations.
Waterbody
A natural or man-made basin, including lakes, ponds, and reservoirs, that stores surface
water permanently at depths sufficient to produce the growth of non -hydrophilic rooted
plants.
Water Dependent Structure
Any structure for which the use requires access to or proximity to or siting within
surface waters to fulfill its basic purpose, such as boat ramps, boathouses, docks and
bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots
and commercial boat storage areas are not water de endent structures.
Watershed
The entire land area contributing surface drainage to a specific point (e.g., the water
supply).
City of Hickory Land Development Code (2023 Update) 75

EXHIBIT A
4.5.5 Allowed and Prohibited Uses in the Crifleal Are Watershed Areas
Allowed = Yes / Prohibited = No
Activity Use
;WS-III CA
jWS-III SW
'WS-IV CA
,WS-IV PA
Newlandfills
No
Yes
No
Yes
New permitted residual Iand
No
Yes
No
Yes
application
Newpermitted petroleum
sl,
Yes
No
Yes
contaminated soils sites
NPDES General or Individual
Yes
Yes
Yes
Yes
Stormwater dischar es
NPDES General Permit
Yes
Yes
Yes
Yes
Wastewater Discharges
pursuant to 15A NCAC 0 2 H
.0127
New NPDES Individual Permit
No
Yes
Yes
Yes
domestic treated wastewater
discharge
New NPDES individual Permit
No"
Noe
Yes
Yes
industrial treated wastewater
dischar e
Non -process industrial waste
Yes
Yes
Yes
Yes
New industrial connections
INN)
No
Yes
Yes
and expansions to existing
municipal discharge with
pretreatment
program pursuant toISA
NCAC 02H .0904
Sewage
Nor
Not
Nor
Noy
Industrial Waste
Noc
Noc
Noc
Noc
Other wastes
No,
Nor
Noc
No,
Groundwater remediation
Yes
Yes
Yes
Yes
project dischar ese
Agriculturef
Yes
Yes
Yes
Yes
Silvicultureg
Yes
Yes
Yes
Yes
Residential Developmenth
Yes
Yes
Yes
Yes
Non-residential DeveIopmenthi
Yes
Yes
Yes
Yes
Nonpoint Source Polludonk
Yes
Yes
Yes
Yes
Animal Operations)
Yes
Yes
Yes
Yes
N otes:
a Permitted pursuant to 15A NCAC 02S .0104
e Except non -process industrial discharges are allowed
c Only allowed if specified in 15A NCAC 0213.0104
d Not allowed if activity(ies) has/have adverse impact on human health
Where no other practical alternative exists
qn WS-I watersheds and Critical Areas of WS-1I, WS-III, and WS-IV watersheds, agricultural activities conducted
after 1/1/1993 shall maintain a minimum 10- foot vegetated setback or equivalent control as determined by Soil
and Water Conservation Commission along all perennial waters indicated an most recent version of USGS 1.24000
scale (7.5 minute) topographic maps or as determined by local government studies.
g Subject to Forest Practice Guidelines Related to Water Quality (02 NCAC 60C .0100 to .0209) Effective 4/1/2018
h See density requirements in 15A NCAC 0213 .0624
t See different allowed and not allowed in this table.
i Watershed shall remain undeveloped except for following uses when they cannot be avoided: power
transmission lines, restricted access roads, and structures associated with water withdrawal, treatment, and
76 City of Hicicory Land Development Code (2023 Update)

EXHIBIT
distribution of WS-I waters, Built upon area shall be designed and located to minimize stormwater runoff impact
to receiving waters.
kNon Point Source pollution shall not have adverse impact as defined in 15A NCAC 02H .1002, on use as water
supply or any other designated use.
'Deemed permitted, as defined in 15A NCAC 02T .0103 and permitted under 15A NCAC 2H .0217
4.5.6 Restrictions on Uses within the Protected and Critical Areas
Within the critical area, agriculture is subject to the provisions of the Food Security Act of 1985
and the Food, Agriculture, Conservation and Trade Act of 1990.
Agricultural activities must maintain a minimum 10 foot -wide vegetated buffer or equivalent
control as determined by the Soil and Water Conservation Commission, along all perennial waters
as shown on the official zoning atlas.
Animal operations greater than 100 animal units shall employ best management practices by July
1, 1994. The Soil and Water Conservation Commission is responsible for implementing these
provisions pertaining to agricultural activities.
Silviculture activities shall be subject to the provisions of the Forest Practices Guidelines Related
to Water Quality (15A NCAC 1.1.0101.0209). The North Carolina Division of Forest Resources is
responsible for implementing these provisions pertaining to silviculture activities.
New nonresidential development within watershed areas shall incorporate adequately designed,
constructed and maintained spill containrnont structures if hazardous materials are either used,
stored or manufactured on the premises.
The construction of new roads and bridges and nonresidential development shall minimize built
upon area, divert stormwater away from surface water supply waters as much as possible, and
employ stormwater control measures (SCMs) to minimize water quality impacts.
Road construction shall use SCMs outlined in the North Carolina Deparinnent of Transportation
document entitled, "Best Management Practices for the Protection of Surface Waters.
4.5.7 Density Requirements
Within the protected and critical areas, the following density and impervious coverage limits shall
apply to new development that is not otherwise exempted by Section 4.5.2 above;
Low Density Option (WS-III)
(1) New development under the low -density option is not required to provide SCMs meeting
the design standards of the NCDEQ, DEMLR as the primary treatment system for
stormwater runoff.
(2) Within the critical area, residential uses are allowed at a maximum density of 1 dwelling
unit per acre; other residential and all nonresidential development shall be subject to a
maximum impervious coverage limit of 12 percent. Stormwater runoff from the
development shall be transported by vegetated conveyances to the maximum extent
practicable.
(3) Within the pfateeted are R balance of watershed, single-family detached residential projects
are allowed at a maximum density of 2 dwelling units per acre; all other residential and all
nonresidential development shall be subject to a maximum impervious coverage limit of
24 percent. Stormwater runoff from the development shall be transported by vegetated
conveyances to the maximum extent practicable.
City of Hickory Land Development Code (2023 Update) 77

EXHIBIT A
All built -upon areas shall be designed and located to minimize stormwater runoff impact to the
receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow
through vegetated areas, and maximize the flow length through vegetated areas.
Areas of concentrated density development shall be located in upland areas and away, to the
maximum extent practical, from surface waters and drainage ways.
The remainder of the tract shaII remain in a vegetated or natural state. The title to the open spaces
area(s) shall be conveyed to an incorporated homeowners association for management; to a local
government for conservation as a park or open space; or to a conservation organization, for
preservation in a permanent casement. When a property association is not incorporated, a
maintenance agreement shall be filed with the property deeds.
Cluster development that meets the applicable low density requirement shall transport stonnwater
runoff by vegetated conveyances to the maximum extent practical.
4.5.9 Planned Developments
Planned developments shall be treated as a single property where development -wide stormwater
and erosion control measures are utilized. Project densities and impervious coverage may be
calculated on a development -wide basis for such projects.
4.5J 0 Buffer Areas Required
A mif�um 100 foot vegetative buffeF is FeElHiFed f0f all iiew high density develepmefA aetivities
a sity develepmefA tiyit;.
�„�a! torn . IITD n d N development t i tte
6i� at+?•urru�ir`u�cra-ir'i�hIF��l�e-ar.�ztf}C-t�rv�=rcn=v�C-zv�irr2ir«a�cni�cccv
within the NaMr- e-wept fbi! aftifieial sirearn bank or shoreline stabilization, water dependent
runoff away from sur-faee V,'_F#P_.4'S -And ma?dffiii�e the utilization of steFmwater- best management
-pFaetioes.
A minimum one hundred (100) foot vegetative setback is required for all new development
activities that exceed the low -density option; otherwise, a minimum thirty (30) foot vegetative
setback for development activities is required along all perennial waters indicated on the most
recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined
government studies. Desirable artificial streambank or shoreline stabilization is permitted.
Where USGS topographic maps do not distinguish between perennial and intermittent streams, an
on -site stream determination may be performed by an individual qualified to perform such stream
determinations.
No new development is allowed in the buffer except for water dependent structures, other structures
such as flag poles, signs and security lights which result in only diminutive increases in impervious
area 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 maxim ize the utilization of stormwater Best Management Practices.
City of Hickory Land Development Code (2023 Update) 79

EXHIBIT A
4.5.11 Calculation of Project Density
(A) The following requirements shall apply to the calculation of project density.
(1) Project density shall be calculated as the total built -upon area divided by the total project
area;
(2) A project with "Existing Development," as defined in this ordinance, may use the calculation
method in Sub -Item (1) of this Item or may calculate project density as the difference of
total built -upon area minus existing built -upon area divided by the difference of total project
area minus existing built -upon area.
(3) Expansions to Existing Development shall be subject to 15A NCAC 026 .0624 except as
excluded in RUle15A NCAC 02B .0622 (1)(d)_
(4) Where there is a net increase of built -upon area, only the area of net increase shall be
subject to density and built upon area limits.
(5) Where Existing Development is being replaced with new built -upon area, and there is a net
increase of built -upon area, only the area of net increase shall be subject to density and
built upon area limits.
(6) Total project area shall exclude the following:
(a) areas below the normal high water fine (NHWL); and
(b) areas defined as "coastal wetlands" pursuant to 15A NCAC 07H .0205, herein
incorporated by reference, including subsequent amendments and editions, and available
at no cost at http:llreports.oah.state.nc.us/ncac,asp, as measured landward from the
NHWL; and
(7) Projects under a common plan of development shall be considered as a single project for
purposes of density calculation except that on a case -by -case basis, local governments
may allow projects to be considered to have both high and low density areas based on one
or more of the following criteria:
(a) natural drainage area boundaries;
(b) variations in land use throughout the project; or
(c) construction phasing.
(B) Low Density Projects
In addition to complying with the project density requirements of Item (A) of this Rule, low
density projects shall comply with the following:
(1) Vegetated Conveyances. Stormwater runoff from the project shall be released to vegetated
areas as dispersed flow or transported by vegetated conveyances to the maximum extent
practicable. Vegetated conveyances shall be maintained in perpetuity to ensure that they
function as designed. Vegetated conveyances that meet the following criteria shall be
deemed to satisfy the requirements of this Sub -Item:
(a) Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated
the soils and vegetation will remain stable in perpetuity based on engineering calculations
and on -site soil investigation; and
(b) The conveyance shall be designed so that it does not erode during the peak flow from
the 10-year storm event as demonstrated by engineering calculations.
80 City of Hickory Laud Development Code (2023 Update)

EXHIBIT A
(2) CURB OUTLET SYSTEMS. In lieu of vegetated conveyances, low density projects shall
have the option to use curb and gutter with outlets to convey stormwater to grassed swales
or vegetated areas. Requirements for these curb outlet systems shall be as follows:
(a) The curb outlets shall be located such that the swale or vegetated area can carry the peak
flow from the 10-year storm and at a non -erosive velocity;
(b) The longitudinal slope of the swale or vegetated area shall not exceed five percent except
where not practical due to physical constraints. In these cases, devices to slow the rate of
runoff and encourage infiltration to reduce pollutant delivery shall be provided;
(c) The swale's cross section shall be trapezoidal with a minimum bottom width of two feet;
(d) The side slopes of the swale or vegetated area shall be no steeper than 3:1 (horizontal to
vertical);
(e) The minimum length of the swale or vegetated area shall be 100 feet; and
(f) Low density projects may use treatment swales designed in accordance with 15A NCAC
02H .1061 in lieu of the requirements specified in Sub -Items (a) through (e) of this Sub -Item.
(C) HIGH DENSITY PROJECTS. In addition to complying with the project density requirements of
Item (A) of this Rule, high density projects shall comply with the following:
(1) Stormwater Control Measures (SCMs) shall be designed, constructed, and maintained so that
the project achieves either "runoff treatment" or "runoff volume match" as those terms are
defined in 15A NCAC 02B .0621;
(2) For high density projects designed to achieve runoff treatment, the required storm depth shall
be one inch. Applicants shall have the option to design projects to achieve runoff volume
match in lieu of runoff treatment;
(3) Stormwater runoff from off -site areas and existing development, shall not be required to be
treated in the SCM. Runoff from off -site areas or existing development that is not bypassed
shall be included in sizing of on -site SCMs;
(4) SCMs shall meet the relevant Minimum Design Criteria set forth in 16A NCAC 02H .1050
through .1062; and
(5) Stormwater outlets shall be designed so that they do not cause erosion downslope of the
discharge point during the peak.
4, 5.12Appli cation Submittal Requirements (TA21-01)
In addition to the inforrnation otherwise required to be submitted with Zoning Compliance Permits,
the following information shall be required to be submitted with Zoning Compliance Permit
applications for all projects within the WP-0 district:
(1) The square footage and percent of impervious coverage area.
(2) For residential projects, total dwelling units and dwelling units per acre.
(3) The accurate location of all perennial streams and natural drainage areas on the property.
(4) The location and landscaping proposed for all required buffer areas.
(5) For high density projects, copies of the development plan including a location reap,
adjoining property owners, lot dimensions, and rights of way; the accurate location of all
existing and proposed buildings and other structures, and the location and size in square
feet of all impervious coverage areas. In cases where the developer intends to sell
development rights to a third party or subdivide the property, the plan must specify the
maximum allowed impervious coverage area for each parcel or tract.
(6) For high density projects, the location of any storrwater SCMs and copies of the plans and
specifications for any Stormwater SCMs designed and sealed by a North Carolina
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EXHIBIT A
(2) Sufficient information shall be submitted so that it may be determined that the density
of the paired parcels, calculated either by dwelling units per acre or built upon area,
shall not exceed the density that would be allowed if the parcels were developed
separately. The paired parcels shall be located within the same water supply watershed
and preferably in the same drainage area of the watershed. Parcels to be used in pairs
may be located in the Protected or Critical Areas. However, if one of the parcels is
located in the Critical Area and one is located in the Protected Area the Critical Area
parcel shall not be developed beyond the applicable density requirements for its
classification.
(3) Vegetative buffers shall at a minimum meet the appropriate minimum statewide water
supply watershed protection requirements on both parcels in the parcel pair according
to the density of development occurring on each parcel. Areas of concentrated density
development are to be Iocated in upland areas, and to the maxunum extent practical,
away from surface waters and drainageways.
(4) Sufficient information shall be submitted so that it may be demonstrated that the
parcels are designed to:
a. Minimize storinwater runoff impact to the receiving waters by minimizing
concentrated storm water flow;
b. Maximize the use of sheet flow through vegetated areas;
c. Minimize impervious surface areas;
d. Locate development away from surface waters and drainage ways to the maximum
extent practicable; and
c. Convey storm water fi•om developed areas by vegetated swales to the maximum
extent practical.
(5) The undeveloped parcel(s) or portion(s) thereof shall remain in a vegetated or natural
condition and shall be placed in a permanent conservation easement.
(6) Applicants shall agree to bind themselves and their successors in title, individually and
collectively, to maintain the pattern of development proposed in perpetuity. Parties to
enforcement of such agreement shall include the City of Hickory. No such agreement
shall be accepted without approval of the Staff Attorney as to the legal sufficiency of
the documents involved.
(7) Undeveloped land areas proposed for incorporation into the density or impervious
coverage area calculation shall meet the following criteria:
a. Projects in the Protected Area or Balance of Watershed may incorporate
undeveloped land elsewhere in the Protected Area, Balance of Watershed or
Critical Area of the same water supply watershed. The amount of additional
.undeveloped acreage required shall be determined by dividing the appropriate
density or impervious coverage area factor into the number of dwelling units or
impervious coverage area in excess of the amount permitted on the project site by
these regulations to determine the arnount of other land to be reserved as
undeveloped so that the overall density or intensity of the project shall not exceed
the density or intensity that would be allowed if the parcels were developed
separately.
b. Parcels located in critical areas may not be developed beyond the applicable
density requirements of its classification.
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EXHIBIT A
4.7.7 Architectural Compatibility
Buildings used or constructed for use in the NC 127-0 shall be constructed so as to be architecturally
compatible with the surrounding residential structures in the neighborhood. Architectural
Compatibility shall include:
Buildings used for non-residential pia -poses shall not exceed 5,000 square feet in total floor area
and two stories in height.
All such buildings shall have sloped roofs, entrances oriented towards the abutting street and be
constructed of materials compatible with the building material used in the immediate area including
brick, stone, wood, and other natural materials.
4.7.8 Signs (TA II-01)
Non-residential properties in the NC 127-0 shall be allowed one free standing externally lit sign, a
maximum of 16 square feet in area and six (6) feet in height and one externally lit waII sign a
maximum of 16 square feet in area.
Signs shall be constructed of materials compatible and consistent with the neighborhood in which
they are located. Such materials shall be limited to wood, brick or stone (excluding smooth -faced
block), iron or other similar ;petals, and other natural materials. Such signs may be created from
synthetic materials that closely replicate the materials listed in this section.
All signs shall comply with the standards of this subsection, as well as the standards of Chapter 10
4.7.9 Regulation of Building Design Elements (TA 21-01)
Except as authorized by NCGS 160D-702(b), this section shall not regulate the building design
elements of any structures subject to regulation under the North Carolina Residential Building Code
for One wau Two Family Dwellings.
4.8 High Rise Sign Overlay District (HRS-O)
4.8.1 Description
The High -Rise Sign Overlay District (HRS-O) regulates signage and advertising apparatus for
businesses that rely on motorists utilizing U.S Interstate 40 (1-40). The boundaries of the HRS-O
are shown on the City of Hickory's Official Zoning Map,
4.8.2 Development Standards (TA 11-01) (TA 18-01)
No more than one (1) high rise sign shall be erected on a zoning lot. The maximum height of a
high-rise sign shall not exceed 60 feet.
The maximum area of high-rise signs shall not exceed 200 square feet.
All high-rise signs shall be set back at least 5 feet from all lot lines.
Where a high-rise sign is installed, an additional ground mounted freestanding sign may be
installed. The area of the high-rise sign shall be excluded from calculations of permitted sign area
as outlined in Chapter 10.
City of Hickory Land Development Code (2023 Update) 93