WSMU_MEBA_WSWP Ordinance_20210127

ARTICLE 5- WSW Buffers Update- 5-18-16
OVERLAY, ENVIRONMENTAL, AND SPECIAL PURPOSE REGULATIONS
Table of Contents
5-1 Manufactured Housing Overlay District Requirements...................................3
A. Purpose and Intent..........................................................................................3
B. Minimum Criteria for Manufactured Dwellings on Single Family Lots ........3
C. Minimum Development Size...........................................................................4
5-2 Watershed Overlay District Regulations...........................................................4
A. Purpose and Intent..........................................................................................4
B. General Provisions Applicable to Both Watershed Overlay Districts .........5
C. WCA, Watershed Critical Area Overlay District (Graham -Mebane Lake
Watershed Critical Area) Regulations...........................................................7
D. GWA, General Watershed Area Overlay District (Graham -Mebane Lake
Watershed Balance of Watershed) Regulations...........................................8
E. Exceeding Basic Density/Built-upon Limitations; Permit to Exceed ........... 9
F. Variances.......................................................................................................14
5.3 Flood Hazard Overlay District Requirements.................................................14
5-3.1 Statutory Authorization, Purpose, Objectives, Legal Status Provisions14
5-3.2
Definitions.................................................................................................16
5-3.3
General Provisions...................................................................................26
A.
Applicability...................................................................................................26
B.
Basis for Establishing the Special Flood Hazard Areas .............................26
C.
Compliance....................................................................................................26
D.
Abrogation and Greater Restrictions...........................................................27
E.
Interpretation.................................................................................................27
F.
Warning and Disclaimer of Liability.............................................................27
G.
Violations and Penalties............................................................................27
5-3.4
Plans, Application, and Permit Requirements........................................27
A.
Designation of Floodplain Administrator....................................................27
B.
General..........................................................................................................28
C.
Application Requirements............................................................................28
D.
Permit Data Requirements............................................................................29
E.
Certification Requirements...........................................................................30
F.
Determinations for existing buildings and structures................................33
5-3.5
Duties and Responsibilities of the Zoning Administrator .......................33
5-3.6
Variance Procedures.................................................................................36
5-3.7
Provisions for Flood Hazard Reduction...................................................36
A.
General Standards........................................................................................36
B.
Specific Standards........................................................................................38
C.
Standards for Floodplains without Established Base Flood Elevations ...44
D.
Standards for Riverine Floodplains with BFE but without Established
Floodways or Non -Encroachment Areas............................................................45
E.
Standards for Floodways and Non -Encroachment Areas ..........................45
F.
Standards for Areas of Shallow Flooding (Zone AO).................................46
5-3.8
Effect upon Outstanding Permits.............................................................46
5-4 Stormwater Management.................................................................................47
A. Natural Drainage System Utilized to Extent Feasible.................................47
B. Developments Must Drain Properly.............................................................47
C. Design Standards..........................................................................................48

D. Construction of Systems by Developers; Responsibility for Maintenance
48
E. Installation and Maintenance by Private Property Owners ............................48
F. Stormwater Management Plans.......................................................................49
5-5 Soil Erosion and Sedimentation Control.........................................................50
5-6 Highway Corridor Overlay District Requirements..........................................51
A. Procedures....................................................................................................51
B. General Standards Applicable to All Highway Corridor Overlay Districts 51
C. (Reserved) [deleted April 7, 2008]................................................................53

ARTICLE 5
OVERLAY, ENVIRONMENTAL, AND SPECIAL PURPOSE REGULATIONS
5-1 Manufactured Housing Overlay District Requirements
A. Purpose and Intent
The Manufactured Housing Overlay District is intended to provide for
alternative housing opportunities by allowing the placement of
manufactured homes on individual lots within specific defined areas which
overlay the R-10, Residential general zoning districts. Such overlay
districts are designated R-10MH on the official zoning map. The
Manufactured Housing Overlay District is established pursuant to Article
19, Section 160A-383.1 (e) of the North Carolina General Statutes and
this Ordinance.
B. Minimum Criteria for Manufactured Dwellings on Single Family Lots
Class A manufactured dwellings may be permitted on single family lots in
the R-10 residential zoning district provided overlay district zoning is
approved by the City Council in accordance with the provisions of
Ordinance. All requirements of this Ordinance applicable in the R-10
zoning district shall apply. In addition each manufactured dwelling shall
be:
(a) Occupied only as a single family dwelling;
(b) Have a minimum width of 16 feet;
(c) Have a length not exceeding four times its width, with length
measured along the longest axis and width measured
perpendicular to the longest axis at the narrowest part
(towing apparatus, wheels, and transporting lights are not
included in length and width measurements);
(d) Have a minimum of 1,000 square feet of enclosed and
heated space;
(e) Have the towing apparatus, wheels, axis and transporting
lights removed;
(f) Have the longest axis oriented parallel or within a ten degree
deflection of being parallel to the lot frontage, unless other
orientation is permitted as a variance approved by the Board
of Adjustment following a public hearing;
(g) Set up in accordance with the standards established by the
NC Department of Insurance. In addition, a continuous,
permanent masonry foundation or masonry curtain wall
constructed in accordance with the standards of the NC
Mebane LIDO, Article 5 5-3
February 4, 2008; amended April 7, 2008; amended 07.11.16

Building Code for One -and Two -Family Dwellings, unpierced
except for required ventilation and access, shall be installed
under the perimeter;
(h) Have exterior siding comparable in composition,
appearance, and durability to the exterior siding commonly
used in standard residential construction, consisting of one
or more of the following:
(1) Vinyl or aluminum lap siding (whose reflectivity
does not exceed that of flat white paint);
(2) Cedar or other wood siding;
(3) Wood grain, weather -resistant press board siding;
(4) Stucco siding; or
(5) Brick or stone siding.
(i) Have a roof pitch minimum vertical rise of three feet for each
twelve feet of horizontal run;
(j) Have the roof finished with a Class C or better roofing
material that is commonly used in standard residential
construction;
(k) Have an eave projection for all roof structures of no less than
six inches, which may include a gutter;
(1) Have stairs, porches, entrance platforms, ramps, and other
means of entrance and exit installed or constructed in
accordance with the standards set forth in the NC Building
Code, anchored securely to the ground. Wood stairs shall
only be used in conjunction with a porch or entrance platform
with a minimum of 24 square feet; and
(m) Be connected to the municipal water and sewer system.
C. Minimum Development Size
1. Ten existing contiguous lots in single -ownership covering at least
90,000 square feet, excluding public street right-of-way; or
2. 120,000 square feet of land, excluding public street right-of-way.
5-2 Watershed Overlay District Regulations
A. Purpose and Intent
The watershed protection overlay districts, as described in Section 3-1, C,
2, (b) and (c) are designed to protect designated public water supply
Mebane LIDO, Article 5 5-4
February 4, 2008; amended April 7, 2008; amended 07.11.16

watershed from activities which could degrade water quality. The
following separate watershed protection overlay districts have been
established:
WCA, Watershed Critical Area Overlay District and
2. GWA, General Watershed Area Overlay District.
Both of these watershed overlay districts are within a public water supply
watershed that has been classified by the State of North Carolina as a
WS-II watershed. The WCA Overlay District represents the Graham -
Mebane Lake Public Water Supply Watershed WS-II Critical Area and the
GWA Overlay District represents the Graham -Mebane Lake Public Water
Supply Watershed WS-II Balance of Watershed Area as designated by
the NC Environmental Management Commission. The purpose of this
Section is to implement the provisions of the Water Supply Watershed
Protection Act (NCGS 143-214.5) which requires the City of Mebane to
adopt minimum land use regulations, consistent with the WS-II Critical
Area and Balance of Watershed management rules as adopted by the
North Carolina Environmental Management Commission, to protect the
water quality of the Graham -Mebane Lake Watershed located within the
city's planning and zoning jurisdictional area.
B. General Provisions Applicable to Both Watershed Overlay
Districts
The construction of new roads and bridges and non-residential
development should minimize built -upon area, divert stormwater
away from surface water supply waters as much as possible, and
employ best management practices (BMPs) to minimize water
quality impacts. To the extent practicable, construction of new
roads in the critical area should be avoided. The Department of
Transportation BMPs as outlined in their document entitled Best
Management Practices for the Protection of Surface Waters shall
be used in all road and bridge construction projects in the
Watershed Overlay Districts.
2. All development activities within Watershed Overlay Districts, in
addition to those activities specifically regulated by these
provisions, are subject to the standards, usage conditions and
other regulations contained in the Rules and Requirements of the
Surface Water Supply Protection Rules adopted by the North
Carolina Environmental Management Commission.
3. A minimum 30-foot vegetative buffer for development activities is
required along all perennial waters, including streams, rivers and
impoundments, indicated on the most recent versions of the
United States Geodetic Survey (USGS) 1:24,000 scale
topographic maps; provided, that a 50-foot buffer shall be
required along Graham -Mebane Lake. Nothing in this subsection
shall prevent artificial streambank or shoreline stabilization. No
new development is allowed in the buffer, except that water -
dependent structures and public works projects such as road
Mebane LIDO, Article 5 5-5
February 4, 2008; amended April 7, 2008; amended 07.11.16

crossings and greenways, may be allowed where no practicable
alternative exists. These activities shall minimize built -upon
surface area, direct runoff away from the surface water, and
maximize the utilization of BMPs. The City's Riparian Buffer
Protection Ordinance shall have precedence over all other stream
or riparian buffer regulations within the City of Mebane's
jurisdiction.
4. Existing development, as defined in this Ordinance, is not subject
to the requirements of the overlay provisions. Expansions to
structures, other than single-family, classified as existing
development must meet the requirements of these provisions,
provided however, the built -upon area of the existing development
is not required to be included in the density calculations. In
determining expansions to existing development, the maximum
permitted additional built -upon area is derived by multiplying the
area of the portion of the property that is not built -upon by the
appropriate percent built -upon limitation for the Overlay District in
which the property is located.
5. A pre-existing lot created prior to the effective date of this
Ordinance, regardless of whether or not a vested right has been
established, may be developed or redeveloped for single-family
residential purposes without being subject to the restrictions of
these overlay provisions.
6. Any existing building or built -upon area not in conformance with
the limitations of these provisions that has been damaged or
removed for any reason may be repaired and/or reconstructed,
provided:
(a) Repair or reconstruction is initiated within 12 months and
completed within 2 years of such damage or removal.
(b) The total amount of space devoted to built -upon area may
not be increased.
(c) The repair or reconstruction is otherwise permitted under the
provisions of this Ordinance.
7. Clustering of development if permitted by the underlying use
district is allowed on a project by project basis as follows: overall
density of the project meets associated density or stormwater
control requirements; built upon areas are designed and sited to
minimize stormwater runoff impact to the receiving waters and
minimizes concentrated stormwater flow; remainder of tract to
remain in vegetated or natural state.
8. No activity, situation, structure or land use shall be permitted or
allowed to operate within a watershed which poses a threat to
water quality and the public health, safety and welfare. Such
conditions may arise from inadequate on -site sewage systems
which utilize ground absorption; inadequate sedimentation and
Mebane LIDO, Article 5 5-6
February 4, 2008; amended April 7, 2008; amended 07.11.16

erosion control measures; the improper storage or disposal of
junk, trash or other refuse within a buffer area; the absence or
improper implementation of a spill containment plan for toxic and
hazardous materials; the improper management of stormwater
runoff; or any other situation found to pose a threat to water
quality.
9. The Zoning Administrator may require such information on
subdivision plat, zoning and special use permit and site
development plan applications, including density/built-upon area
calculations, as he/she may deem necessary to determine
compliance with Watershed Overlay District provisions.
Preliminary and final subdivision plat approval and other such
plan approvals may be required to note density/built-upon
limitations on the plat. For example, plats may be required to
show such information as total area of the development, the
amount and percent of impervious area in streets and sidewalks,
the amount and percent of impervious area in other public
improvements, and the amount and percent of impervious area
that is allocated to the various lots for future development. Such
information shall be displayed in such a manner that the Zoning
Administrator can readily determine compliance with these
provisions on a project by project basis.
10. The Zoning Administrator may, prior to the issuance of any permit
in a Watershed Overlay District, require evidence of a valid
Sedimentation Control Permit issued by the State of North
Carolina or evidence satisfactory to the Zoning Administrator that
no permit is required.
11. The Zoning Administrator shall maintain records of the
administration of the Watershed Overlay District regulations and
shall submit any modifications of the regulations and/or Map to
the Division of Community Assistance. The Zoning Administrator
shall also maintain a record of variances issued pursuant to
Article 8, Section 8-2, C of this Ordinance and shall submit an
annual report of each project receiving a variance and the reason
for the variance to the Division of Environmental Management.
C. WCA, Watershed Critical Area Overlay District (Graham -Mebane
Lake Watershed Critical Area) Regulations
General Development Standards:
(a) No new sites for land application of sludge/residual or
petroleum contaminated soils are allowed.
(b) No new landfills are allowed.
(c) Existing non-residential development shall maintain an
inventory of all toxic and hazardous materials and shall
implement a spill/failure containment plan approved by the
Fire Chief or his designated agent.
Mebane LIDO, Article 5 5-7
February 4, 2008; amended April 7, 2008; amended 07.11.16

(d) No new use which uses, stores or manufactures hazardous
or toxic materials on the premises shall be allowed.
(e) No new use which is first permitted in either the M-1 or M-2
manufacturing zoning districts shall be allowed.
(f) No new underground fuel or chemical storage tanks are
allowed.
2. Density -Built -upon Limitations:
(a) Residential development shall not exceed one dwelling unit
per two acres or, optionally, 6 percent built -upon area, on a
project by project basis.
(b) Non-residential development shall not exceed 6 percent
built -upon area, on a project by project basis.
D. GWA, General Watershed Area Overlay District (Graham -Mebane
Lake Watershed Balance of Watershed) Regulations
1. General Development Standards:
(a) No new discharging landfills are allowed.
(b) Existing non-residential development shall maintain an
inventory of all toxic and hazardous materials and shall
implement a spill/failure containment plan approved by the
Fire Chief or his designated agent.
2. Density/Built-Upon Limitations:
(a) Residential development shall not exceed one dwelling unit
per acre or, optionally 12 percent built -upon area, on a
project by project basis.
(b) Non-residential development shall not exceed 12 percent
built -upon area, on a project by project basis.
(c) Notwithstanding the limitations of subsection (b) above, 10
percent (334 acres) of the GWA area (3340 acres) may be
developed with new projects of up to 70 percent built -upon
area as Special Intensity Allocations (SIAs). SIAs shall be
allocated and developed in accordance with the following
rules:
(1) SIAs shall be allocated by the Zoning Administrator
through the Zoning Permit/Development Plan
process. The Zoning Administrator shall maintain a
record of the total acreage in the GWA area eligible
for SIAs, the acreage that has been allocated and
Mebane LIDO, Article 5 5-8
February 4, 2008; amended April 7, 2008; amended 07.11.16

the acreage that has been used as of the latest
date. In no case shall allocated acreage exceed
the acreage eligible for allocation.
(2) SIAs shall be allocated on a `first come, first served'
basis upon the approval and issuance of the
appropriate permit, provided that no SIA shall be
allocated to a development unless it is served by or
is to be served by City of Mebane water and sewer
service.
(3) The right to develop a SIA shall terminate with the
loss of the right to develop due to the expiration of
a zoning permit, zoning permit with vested right, or
building permit. In such a case, the allocated
acreage, or unused allocated acreage, shall be
returned to the unallocated total acreage eligible for
allocation.
(4) All SIA development shall be located so that all
stormwater from the development drains into an
engineered stormwater control facility designed and
constructed in accordance with all the requirements
of subsection E, 5, (c) below.
E. Exceeding Basic Density/Built-upon Limitations; Permit to
Exceed
Development in the Watershed Overlay Districts may exceed the basic
density/built-upon limitations established in subsections C, 2 and D, 2
above upon the receipt of a Permit to Exceed from the Zoning
Administrator. No Permit to Exceed shall be issued except for
development which is in conformance with the following conditions and
limitations:
1. Built -upon Limitations
In no case shall the built -upon area of any development, on a
project by project basis, exceed the following limitations and all
development shall be calculated on a built -upon area basis only:
(a) WCA 24% built -upon area
(b) GWA 30% built -upon area
Nothing in this Section, however, shall permit any development to
exceed the maximum permissible lot coverage limitations for
principal and accessory buildings as set forth in this Ordinance for
Use Districts.
2. Buffer
A minimum 50 foot vegetative buffer is required for any new
development activity which exceeds the basic density/built-upon
limitations along all perennial waters indicated on the most recent
versions of USGS 1:24,000 scale topographic maps. Nothing in
Mebane LIDO, Article 5 5-9
February 4, 2008; amended April 7, 2008; amended 07.11.16

this subsection shall prevent artificial streambank or shoreline
stabilization. No new development is allowed in the buffer, except
that water dependent structures and public works projects such
as road crossings, utilities and greenways may be allowed where
no practicable alternatives exist. These activities shall minimize
built -upon surface area, direct runoff away from surface water,
and maximize the use of BMPs. The City's Riparian Buffer
Protection Ordinance shall have precedence over all other stream
or riparian buffer regulations within the City of Mebane's
jurisdiction.
3. Development Location
All development which exceeds the basic density/built-upon
limitations shall be located so that all stormwater from the
development drains into an engineered stormwater control facility
designed and constructed in conformance with the requirements
of this Section.
4. Facility Approval
No Permit to Exceed shall be issued for any development until
such facility is fully constructed and approved by the Zoning
Administrator or his/her agent to be capable of functioning in
accordance with the requirements of this Section. Prior to
inspection by the Zoning Administrator or his/her agent to
determine compliance, the developer shall furnish a certification
sealed by an engineer or landscape architect stating that the
facility is complete and consistent with the approved plans and
specifications.
5. Facility Requirements
Engineered stormwater control facilities intended to serve
development which exceeds the basic density/built-upon
limitations of this Ordinance shall conform with the following
requirements:
(a) Developer Responsible for Costs. The developer or his
designee shall be responsible for all costs associated with
the construction, operation, maintenance and repair of any
such facility.
(b) Plans Required. No construction shall begin on any such
facility until the construction, operation and maintenance and
related plans have been submitted to and approved by the
Zoning Administrator. The maintenance and operation plan
shall specify a facility ownership plan and the entity to be
responsible for maintenance, operation, and repair. The
plan shall designate sufficient area and access to perform
inspections maintenance, repairs and reconstruction. The
plan shall also provide a cost estimate for routine and non -
routine maintenance over a 20 year period. At the time the
plans are submitted, the developer shall pay to the City of
Mebane a plan review and construction inspection fee as set
by the City Council.
Mebane LIDO, Article 5 5-10
February 4, 2008; amended April 7, 2008; amended 07.11.16

(c) Design Standards. All stormwater control facilities shall use
wet detention ponds as a primary treatment system unless
alternative stormwater management measures, as outlined
in subsection (f) below, 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 percent of total suspended solids in the
permanent pool and store runoff from a one inch
rainfall from the watershed above the permanent
pool, assuming maximum permitted development;
(2) The designed runoff storage volume shall be above
the permanent pool;
(3) The discharge rate from these systems following
the one inch rainfall design storm shall be such that
the runoff does not draw down to the permanent
pool level in less than 2 days and that the pond is
drawn down to the permanent pool level within at
least 5 days;
(4) The mean permanent pool depth shall be a
minimum of 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 30 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 10-year, 24-
hour storm with a slope of 5 percent or less.
Vegetation in the filter shall be natural vegetation,
grasses or artificially planted wetland vegetation
appropriate for the site characteristics;
(7) In addition to the vegetative filters required in
subsection (6) above, all disturbed land areas
outside of the pond shall be provided with a ground
cover sufficient to restrain erosion within 15 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 and operations plan.
Mebane LIDO, Article 5 5-11
February 4, 2008; amended April 7, 2008; amended 07.11.16

(d) A description of the area containing the stormwater control
structure shall be prepared and filed as a separate deed with
the applicable county Register of Deeds along with any
easements necessary for general access to the stormwater
control structure. The deeded area shall include the
stormwater control structure, vegetative filters, all pipes and
water control structures, berms, dikes, etc., and sufficient
area to perform inspections, maintenance, repairs, and
reconstruction.
(e) 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
built -upon are for any other site or area.
(f) Alternative Stormwater Management Measures. Alternative
stormwater management systems, as detailed in the NC
Stormwater Best Management Practices Manual, consisting
of one treatment option or a combination of treatment
options, may be used. The design criteria for approval shall
be 85 percent average annual removal of Total Suspended
Solids. Also, the discharge rate shall meet one of the
following criteria;
(1) the discharge rate following the 1-inch design storm
shall be such that the runoff draws down to the pre -
storm design stage within five days, but not less
that two days; or
(2) the post development peak discharge rate shall
equal the predevelopment rate for the 1-year, 24-
hour storm.
6. Finance Guarantee and Maintenance Agreement
Before the Zoning Administrator shall approve the completed
facility and issue any Permit to Exceed, the developer and/or
maintaining entity shall furnish the City of Mebane with a financial
guarantee ensuring future maintenance, operation and repair of
the facility. The financial guarantee shall be in the form of cash,
an irrevocable letter of credit or other instrument readily
convertible to cash at face value and shall be deposited and
made payable to the City of Mebane. The amount of the deposit
shall be equal to 40 percent of the total cost of constructing the
facility. The initial cost estimates shall be the responsibility of the
developer but the approval of the final cost estimate shall be
made by the Zoning Administrator or his/her agent. At this time
the developer and/or maintaining entity shall also pay to the City
of Mebane a fee as set by the City Council to cover annual
inspections by the City for 20 years.
Mebane LIDO, Article 5 5-12
February 4, 2008; amended April 7, 2008; amended 07.11.16

The initial duration of the financial guarantee shall be for 20 years.
At the end of that period the City of Mebane may, at its own
option, require extension of the guarantee for an additional period
of up to 20 years based upon future maintenance cost or take
whatever lawful action it may deem appropriate at that time. The
financial guarantee may be dissolved at any time in its lifetime by
mutual agreement when the need for such guarantee no longer
exists.
As part of the financial guarantee, the developer or maintaining
entity shall enter into a binding Operation and Maintenance
Agreement in a form acceptable to and enforceable by the City of
Mebane. Such agreement shall require the responsible entity to
maintain, repair and, if necessary, reconstruct the facility in
accordance with the approved operation and maintenance plan.
The plan shall clearly indicate the steps that will be taken for
restoring a stormwater control structure to design specifications if
a failure occurs.
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 or access to the stormwater
control structure.
The agreement shall pledge the financial guarantee in support of
the agreement but also shall acknowledge that default does not
release the entity from liability/responsibility for operation,
maintenance and repair/reconstruction. The agreement shall
provide that in case of default by the operating entity, the City of
Mebane, at any time after default, may on its own motion assume
actual maintenance and operation of the facility and convert for its
use in maintenance and operation any and all funds remaining in
the financial guarantee. The agreement shall be recorded with
the appropriate County Register of Deeds by the Zoning
Administrator after it is executed by both parties. No changes to
the agreement or its terms including ownership and responsible
entity shall be made except upon agreement of the parties.
Amendments to the plans and specifications of the stormwater
control structure and/or the operation and maintenance plan shall
be approved by the Zoning Administrator. Proposed changes
shall be prepared by a North Carolina registered professional
engineer or landscape architect (to the extent that the General
Statutes, Chapter 89A, allow) and submitted to and reviewed by
the City Engineer.
7. Inspections
The Zoning Administrator or his/her agent shall inspect all facilities
at least on an annual basis to determine whether the controls are
performing as designed or intended and whether maintenance is
being performed as required. Records of inspections shall be
Mebane LIDO, Article 5 5-13
February 4, 2008; amended April 7, 2008; amended 07.11.16

maintained on forms approved or supplied by the NC Division of
Environmental Management. The first annual inspection shall be
made during the 12 months following the date of certification.
8. Failure to Perform
In the event the Zoning Administrator should find that the facility is
not performing as designed or intended or that maintenance and
repairs are not being made as required or that any action is being
done or not done that is in violation of this Ordinance or the
agreement related to the facility, the Zoning Administrator shall
notify the responsible entity who shall be given a reasonable time
to correct the defect(s). Should the responsible entity fail to act,
fail to act in a timely manner, or otherwise fail to correct the
defect(s), the Zoning Administrator shall institute appropriate
action to obtain compliance including criminal or civil penalties, or
both. In addition, the City of Mebane may declare the responsible
entity in default of the agreement and financial guarantee and use
part or all of the proceeds of the guarantee to correct the defect(s)
and may assume actual operation and maintenance. Default in
the agreement does not release the responsible entity from
liability/responsibility for the defect(s), nor release the entity from
the agreement. Likewise, default in the agreement does not
prevent the City of Mebane from taking criminal or civil action, or
other.
F. Variances
Requests for variances from the watershed district overlay requirements
of Section 5-2 shall be reviewed by the Board of Adjustment in
accordance with the provisions of Section 8-2, C.
5.3 Flood Hazard Overlay District Requirements
5-3.1 Statutory Authorization, Purpose, Objectives, Legal Status
Provisions
A. The Flood Hazard Overlay District (FHO), as established in Section
3-1, D, 2, (d), is designed for the purpose of protecting people and
property from the hazards of flooding in accordance with the authority
provided in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of
Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the
North Carolina General Statutes.
B. Flood prone areas within the jurisdiction of the City of Mebane are
subject to periodic inundation which results in loss of life, property,
health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures of flood
protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety, and general welfare. These
flood losses are caused by the cumulative effect of obstructions in
floodplains causing increases in flood heights and velocities and by
the occupancy in flood prone areas of uses vulnerable to floods or
other hazards.
Mebane LIDO, Article 5 5-14
February 4, 2008; amended April 7, 2008; amended 07.11.16

C. It is the purpose of Section 5-3 to promote public health, safety, and
general welfare and to minimize public and private losses due to
flood conditions within flood prone areas by provisions designed to:
1. Restrict or prohibit uses that are dangerous to health, safety,
and property due to water or erosion hazards or that result in
damaging increases in erosion, flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities that
serve such uses, be protected against flood damage at the
time of initial construction;
3. Control the alteration of natural floodplains, stream channels,
and natural protective barriers, which are involved in the
accommodation of floodwaters;
4. Control filling, grading, dredging, and all other development
that may increase erosion or flood damage; and
5. Prevent or regulate the construction of flood barriers that will
unnaturally divert flood waters or which may increase flood
hazards to other lands.
D. The objectives of Section 5-3 are:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control
projects;
3. To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
4. To minimize prolonged business losses and interruptions;
5. To minimize damage to public facilities and utilities (i.e. water
and gas mains, electric, telephone, cable and sewer lines,
streets, and bridges) that are located in flood prone areas;
6. To minimize damage to private and public property due to
flooding;
7. To make flood insurance available to the community through
the National Flood Insurance Program;
8. To maintain the natural and beneficial function of the
floodplains;
9. To help maintain a stable tax base by providing for the sound
use and development of flood prone areas; and
10. To ensure that potential buyers are aware that property is in a
Mebane LIDO, Article 5 5-I5
February 4, 2008; amended April 7, 2008; amended 07.11.16

Special Flood Hazard Area.
E. Legal Status Provisions associated with Section 5-3 are:
1. This Section in part comes forward by re-enactment of some of
the provisions of the Flood Damage Prevention Ordinance
enacted March 7, 1994 as amended, and it is not the intention to
repeal but rather to re-enact and continue to enforce without
interruption of such existing provisions, so that all rights and
liabilities that have accrued thereunder are reserved and may be
enforced. The enactment of this Section shall not affect any
action, suit or proceeding instituted or pending. All provisions of
the Flood Damage Prevention Ordinance of the City of Mebane
enacted on March 7, 1994, as amended, which are not
reenacted herein are repealed.
The date of the initial Flood Damage Prevention Ordinance for
Alamance County is August 15, 1994. The date of the initial
Flood Damage Prevention Ordinance for Orange County is
March 2, 1981.
2. Nothing herein contained shall require any change in the plans,
construction, size, or designated use of any development or any
part thereof for which a floodplain development permit has been
granted by the Floodplain Administrator or his or her authorized
agents before the time of passage of this Section; provided,
however, that when construction is not begun under such
outstanding permit within a period of six (6) months subsequent
to the date of issuance of the outstanding permit, construction or
use shall be in conformity with the provisions of this Section.
3. Section 5-3 as amended November 6, 2017 shall become
effective November 17, 2017.
5-3.2 Definitions
A. Unless otherwise specifically provided, or unless clearly required by
the context, the words and phrases defined below shall have the
meaning indicated when used throughout Section 5-3.
1. Accessory Structure (Appurtenant Structure). A structure
located on the same parcel of property as the principal
structure and the use of which is incidental to the use of the
principal structure. Garages, carports and storage sheds are
common urban accessory structures. Pole barns, hay sheds
and the like qualify as accessory structures on farms, and may
or may not be located on the same parcel as the farm dwelling
or shop building.
2. Addition (to an existing building). An extension or increase
in the floor area or height of a building or structure.
3. Alteration of a watercourse. A dam, impoundment, channel
Mebane LIDO, Article 5 5-16
February 4, 2008; amended April 7, 2008; amended 07.11.16

relocation, change in channel alignment, channelization, or
change in cross -sectional area of the channel or the channel
capacity, or any other form of modification which may alter,
impede, retard or change the direction and/or velocity of the
riverine flow of water during conditions of the base flood.
4. Appeal. A request for a review of the Zoning Administrator's
interpretation of any provision of this Section.
5. Area of Shallow Flooding. A designated Zone AH or AO on a
community's Flood Insurance Rate Map (FIRM) with base flood
depths determined to be from one to three feet. These areas
are located where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident.
6. Area of Special Flood Hazard. See `Special Flood Hazard Area
(SFHA)'.
7. Basement. Any area of the building having its floor subgrade
(below ground level) on all sides.
8. Base Flood. The flood having a one percent chance of being
equaled or exceeded in any given year.
9. Base Flood Elevation (BFE). A determination of the water
surface elevations of the base flood as published in the Flood
Insurance Study. When the BFE has not been provided in a
`Special Flood Hazard Area', it may be obtained from
engineering studies available from a Federal, State, or other
source using FEMA approved engineering methodologies. This
elevation, when combined with the `Freeboard', establishes the
`Regulatory Flood Protection Elevation'.
10. Building. See `Structure'.
11. Chemical Storage Facility. A building, portion of a building, or
exterior area adjacent to a building used for the storage of any
chemical or chemically reactive products.
12. Design Flood. See "Regulatory Flood Protection Elevation."
13. Development. Any man-made change to improved or
unimproved real estate, including, but not limited to, buildings
or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or
materials.
14. Development Activity. Any activity defined as Development
which will necessitate a Floodplain Development Permit. This
includes buildings, structures, and non-structural items,
including (but not limited to) fill, bulkheads, piers, pools, docks,
landings, ramps, and erosion control/stabilization measures.
Mebane LIDO, Article 5 5-17
February 4, 2008; amended April 7, 2008; amended 07.11.16

15. Digital Flood Insurance Rate Map (DFIRM). The digital
official map of a community, issued by the Federal Emergency
Management Agency (FEMA), on which both the Special Flood
Hazard Areas and the risk premium zones applicable to the
community are delineated.
16. Disposal. As defined in NCGS 130A-290(a)(6), the discharge,
deposit, injection, dumping, spilling, leaking, or placing of any
solid waste into or on any land or water so that the solid waste
or any constituent part of the solid waste may enter the
environment or be emitted into the air or discharged into any
waters, including groundwaters.
17. Elevated Building. A non -basement building which has its
lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
18. Encroachment. The advance or infringement of uses, fill,
excavation, buildings, structures or development into a
floodplain, which may impede or alter the flow capacity of a
floodplain.
19. Existing building and existing structure. Any building and/or
structure for which the "start of construction" commenced
before the initial effective date of the floodplain management
regulations adopted by the community.
20. Existing Manufactured Home Park or Manufactured Home
Subdivision. A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads)
was completed before the original effective date of the
floodplain management regulations adopted by the community.
21. Flood or Flooding. A general and temporary condition of
partial or complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation of runoff of
surface waters from any source.
22. Flood Insurance. Means the insurance coverage provided
under the National Flood Insurance Program.
23. Flood Insurance Rate Map (FIRM). An official map of a
community, issued by the Federal Emergency Management
Agency, on which both the Special Flood Hazard Areas and the
risk premium zones applicable to the community are
delineated.
Mebane LIDO, Article 5 5-18
February 4, 2008; amended April 7, 2008; amended 07.11.16

24. Flood Insurance Study (FIS). An examination, evaluation,
and determination of flood hazards, corresponding water
surface elevations (if appropriate), flood hazard risk zones, and
other flood data in a community issued by the Federal
Emergency Management Agency. The Flood Insurance Study
report includes Flood Insurance Rate Maps (FIRMs) and Flood
Boundary and Floodway Maps (FBFMs), if published.
25. Flood Prone Area. See `Floodplain'.
26. Floodplain. Any land area susceptible to being inundated by
water from any source.
27. Floodplain Administrator. See Zoning Administrator.
28. Floodplain Development Permit. Any type of permit (zoning
or special use permit) that is required in conformance with the
provisions of Section 5-3 prior to the commencement of any
development activity.
29. Floodplain Management. The operation of an overall program
of corrective and preventive measures for reducing flood
damage and preserving and enhancing, where possible,
natural resources in the floodplain, including, but not limited to,
emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
30. Floodplain Management Regulations. This Section and other
land development ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances, and
other applications of police power which control development in
flood -prone areas. This term describes federal, state or local
regulations, in any combination thereof, which provide
standards for preventing and reducing flood loss and damage.
31. Floodproofing. Any combination of structural and
nonstructural additions, changes, or adjustments to structures,
which reduce or eliminate flood damage to real estate or
improved real property, water and sanitation facilities,
structures, and their contents.
32. Flood -resistant material. Any building product [material,
component or system] capable of withstanding direct and
prolonged contact (minimum 72 hours) with floodwaters without
sustaining damage that requires more than low-cost cosmetic
repair. Any material that is water-soluble or is not resistant to
alkali or acid in water, including normal adhesives for above -
grade use, is not flood -resistant. Pressure -treated lumber or
naturally decay -resistant lumbers are acceptable flooring
materials. Sheet -type flooring coverings that restrict
evaporation from below and materials that are impervious, but
dimensionally unstable are not acceptable. Materials that
absorb or retain water excessively after submergence are not
Mebane LIDO, Article 5 5-19
February 4, 2008; amended April 7, 2008; amended 07.11.16

flood -resistant. Please refer to Technical Bulletin 2, Flood
Damage -Resistant Materials Requirements, and available from
the FEMA. Class 4 and 5 materials, referenced therein, are
acceptable flood -resistant materials.
33. Floodway. The channel of a river or other watercourse,
including the area above a bridge or culvert when applicable,
and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
34. Floodway encroachment analysis. An engineering analysis
of the impact that a proposed encroachment into a floodway or
non -encroachment area is expected to have on the floodway
boundaries and flood levels during the occurrence of the base
flood discharge. The evaluation shall be prepared by a
qualified North Carolina licensed engineer using standard
engineering methods and models.
35. Flood Zone. A geographical area shown on a Flood Hazard
Boundary Map or Flood Insurance Rate Map that reflects the
severity or type of flooding in the area.
36. Freeboard. The height added to the Base Flood Elevation
(BFE) to account for the many unknown factors that could
contribute to flood heights greater that the height calculated for
a selected size flood and floodway conditions, such as wave
action, bridge openings, and the hydrological effect of
urbanization on the watershed. The Base Flood Elevation plus
the freeboard establishes the `Regulatory Flood Protection
Elevation'.
37. Functionally Dependent Facility. A facility which cannot be
used for its intended purpose unless it is located in close
proximity to water, such as a docking or port facility necessary
for the loading and unloading of cargo or passengers,
shipbuilding, or ship repair. The term does not include long-
term storage, manufacture, sales, or service facilities.
38. Hazardous Waste Facility. As defined in NCGS 130A, Article
9, a facility for the collection, storage, processing, treatment,
recycling, recovery, or disposal of hazardous waste.
39. Highest Adjacent Grade (HAG). The highest natural elevation
of the ground surface, prior to construction, immediately next to
the proposed walls of the structure.
40. Historic Structure. Any structure that is:
(a) Listed individually in the National Register of Historic
Places (a listing maintained by the US Department of
Interior) or preliminarily determined by the Secretary of
Interior as meeting the requirements for individual
Mebane LIDO, Article 5 5-20
February 4, 2008; amended April 7, 2008; amended 07.11.16

listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of
Interior as contributing to the historical significance of a
registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered
historic district;
(c) Individually listed on a local inventory of historic
landmarks in communities with a `Certified Local
Government (CLG) Program'; or
(d) Certified as contributing to the historical significance of
a historic district designated by a community with a
`Certified Local Government (CLG) Program'.
Certified Local Government (CLG) Programs are
approved by the US Department of the Interior in
cooperation with the North Carolina Department of
Cultural Resources through the State Historic
Preservation Officer as having met the
requirements of the National Historic Preservation
Act of 1966 as amended in 1980.
41. Letter of Map Change (LOMC). An official determination
issued by FEMA that amends or revises an effective Flood
Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
(a) Letter of Map Amendment (LOMA): An official
amendment, by letter, to an effective National Flood
Insurance Program map. A LOMA is based on
technical data showing that a property had been
inadvertently mapped as being in the floodplain, but is
actually on natural high ground above the base flood
elevation. A LOMA amends the current effective Flood
Insurance Rate Map and establishes that a specific
property, portion of a property, or structure is not
located in a special flood hazard area.
(b) Letter of Map Revision (LOMR): A revision based on
technical data that may show changes to flood zones,
flood elevations, special flood hazard area boundaries
and floodway delineations, and other planimetric
features.
(c) Letter of Map Revision Based on Fill (LOMR-F): A
determination that a structure or parcel of land has
been elevated by fill above the BFE and is, therefore,
no longer located within the special flood hazard area.
In order to qualify for this determination, the fill must
have been permitted and placed in accordance with the
community's floodplain management regulations.
Mebane LIDO, Article 5 5-21
February 4, 2008; amended April 7, 2008; amended 07.11.16

(d) Conditional Letter of Map Revision (CLOMR): A
formal review and comment as to whether a proposed
project complies with the minimum NFIP requirements
for such projects with respect to delineation of special
flood hazard areas. A CLOMR does not revise the
effective Flood Insurance Rate Map or Flood Insurance
Study; upon submission and approval of certified as -
built documentation, a Letter of Map Revision may be
issued by FEMA to revise the effective FIRM.
42. Light Duty Truck. Any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular
curb weight of 6,000 pounds or less and which has a basic
vehicle frontal area of 45 square feet or less as defined in 40
CFR 86.082-2 and is:
(a) Designed primarily for purposes of transportation of
property or is a derivation of such a vehicle, or
(b) Designed primarily for transportation of persons and
has a capacity of more than 12 persons; or
(c) Available with special features enabling off-street or off -
highway operation and use.
43. Lowest Adjacent Grade (LAG). The lowest elevation of the
ground, sidewalk or patio slab immediately next to the building,
or deck support, after completion of the building.
44. Lowest Floor. The lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building
access, or limited storage in an area other than a basement
area is not considered a building's lowest floor, provided that
such an enclosure is not built so as to render the structure in
violation of the applicable non -elevation design requirements of
this Section.
45. Manufactured Home. A structure, transportable in one or
more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation
when connected to the required utilities. The term
`manufactured home' does not include a `recreational vehicle'.
46. Manufactured Home Park or Subdivision. A parcel (or
contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
47. Market Value. The building value, not including the land value
and that of any accessory structures or other improvements on
the lot. Market value may be established by independent
certified appraisal; replacement cost depreciated for age of
Mebane LIDO, Article 5 5-22
February 4, 2008; amended April 7, 2008; amended 07.11.16

building and quality of construction (Actual Cash Value); or
adjusted tax assessed values.
48. New Construction. Structures for which the `start of
construction' commenced on or after the effective date of the
original version of the community's Flood Damage Prevention
Ordinance and includes any subsequent improvements to such
structures.
49. Non -Encroachment Area. The channel of a river or other
watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one (1) foot
as designated in the Flood Insurance Studyreport.
53. Post -FIRM. Construction or other development for which the `start
of construction' occurred on or after the effective date of the initial
Flood Insurance Rate Map for the area.
54. Pre -FIRM. Construction or other development for which the `start
of construction' occurred before the effective date of the initial
Flood Insurance Rate Map for the area.
55. Principally Above Ground. At least 51% of the actual cash
value of the structure is above ground.
56. Public Safety and/or Nuisance. Anything which is injurious to
the safety or health of an entire community or neighborhood, or
any considerable number of persons, or unlawfully obstructs the
free passage or use, in the customary manner, of any navigable
lake, or river, bay, stream, canal, or basin.
57. Recreational Vehicle (RV). A vehicle, which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest
horizontal projection;
(c) Designed to be self-propelled or permanently towable
by a light duty truck;
(d) Designed primarily not for use as a permanent
dwelling, but as temporary living quarters for
recreational, camping, travel, or seasonal use; and
(e) Is fully licensed and ready for highway use.
For the purpose of this section, "Tiny Homes/Houses"
and Park Models that do not meet the items listed above
are not considered Recreational Vehicles and should
meet the standards of and be permitted as Residential
Mebane LIDO, Article 5 5-23
February 4, 2008; amended April 7, 2008; amended 07.11.16

Structures.
58. Reference Level. The top of the lowest floor for structures within
Special Flood Hazard Areas designated as Zones A, AE, AH, AO,
A99.
59. Regulatory Flood Protection Elevation. The `Base Flood
Elevation' plus the `Freeboard'. In `Special Flood Hazard Areas'
where Base Flood Elevations (BFEs) have been determined, this
elevation shall be the BFE plus two feet of freeboard. In `Special
Flood Hazard Areas' where no BFE has been established, this
elevation shall be at least two feet above the highest adjacent grade.
60. Remedy a Violation. To bring the structure or other development
into compliance with State and community floodplain management
regulations, or, if this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be reduced include
protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of the section or
otherwise deterring future similar violations, or reducing Federal
financial exposure with regard to the structure or other development.
61. Riverine. Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
62. Salvage Yard. Any non-residential property used for the storage,
collection, and/or recycling of any type of equipment, and including
but not limited to vehicles, appliances and related machinery.
63. Solid Waste Disposal Facility. As defined in NCGS 130A-290 (a)
(35), any facility involved in the disposal of solid waste.
64. Solid Waste Disposal Site. As defined in NCGS 130A-290 (a) (36),
any place at which solid wastes are disposed of by incineration,
sanitary landfill, or any other method.
65. Special Flood Hazard Area (SFHA). The land in the floodplain
subject to a one percent or greater chance of being flooded in any
given year, as determined Section 5-3.3, B.
66. Start of Construction. Includes substantial improvement, and
means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or
Mebane LIDO, Article 5 5-24
February 4, 2008; amended April 7, 2008; amended 07.11.16

foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or
other structural part of the building, whether or not that alteration
affects the external dimensions of the building.
67. Structure. A walled and roofed building, a manufactured home, or a
gas, liquid, or liquefied gas storage tank that is principally above
ground.
68. Substantial Damage. Damage of any origin sustained by a
structure during any one-year period whereby the cost of restoring
the structure to it's before damaged condition would equal or exceed
50 percent of the market value of the structure before the damage
occurred. See definition of `substantial improvement'.
69. Substantial Improvement. Any combination of repairs,
reconstruction, rehabilitation, addition, or other improvement of a
structure, taking place during any one-year period for which the cost
equals or exceeds 50 percent of the market value of the structure
before the `start of construction' of the improvement. This term
includes structures which have incurred `substantial damage',
regardless of the actual repair work performed. The term does not,
however, include either:
(a) Any correction of existing violations of State or
community health, sanitary, or safety code
specifications which have been identified by the
community code enforcement official and which are the
minimum necessary to assure safe living conditions; or,
(b) Any alteration of a historic structure, provided that the
alteration will not preclude the structure's continued
designation as a historic structure.
70. Technical Bulletin and Technical Fact Sheet. A FEMA publication
that provides guidance concerning the building performance
standards of the NFIP, which are contained in Title 44 of the U.S.
Code of Federal Regulations at Section 60.3. The bulletins and fact
sheets are intended for use primarily by State and local officials
responsible for interpreting and enforcing NFIP regulations and by
members of the development community, such as design
professionals and builders. New bulletins, as well as updates of
existing bulletins, are issued periodically as needed. The bulletins do
not create regulations; rather they provide specific guidance for
complying with the minimum requirements of existing NFIP
regulations.
It should be noted that Technical Bulletins and Technical Fact Sheets
provide guidance on the minimum requirements of the NFIP
regulations. State or community requirements that exceed those of the
Mebane LIDO, Article 5 5-25
February 4, 2008; amended April 7, 2008; amended 07.11.16

NF/P take precedence. Design professionals should contact the
community officials to determine whether more restrictive State or
local regulations apply to the building or site in question. All applicable
standards of the State or local building code must also be met for any
building in a flood hazard area.
71. Temperature Controlled. Having the temperature regulated by a
heating and/or cooling system, built-in or appliance.
72. Variance. A grant of relief from the requirements of this Section.
73. Violation. The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
Sections 5-3.4 and 5-3.7 is presumed to be in violation until such
time as that documentation is provided.
74. Water Surface Elevation (WSE). The height, in relation to NAVD
1988, of floods of various magnitudes and frequencies in the
floodplains of riverine areas.
75. Watercourse. A lake, river, creek, stream, wash, channel or other
topographic feature on or over which waters flow at least
periodically. `Watercourse' includes specifically designated areas in
which substantial flood damage may occur.
76. Zoning Administrator. The individual appointed to administer and
enforce the floodplain management regulations of this Section.
5-3.3 General Provisions
A. Applicability
The provisions of Section 5-3 shall apply to all Special Flood Hazard
Areas within the planning and zoning jurisdiction of the City of
Mebane.
B. Basis for Establishing the Special Flood Hazard Areas
The Special Flood Hazard Areas are those identified under the
Cooperating Technical State (CTS) agreement between the State of
North Carolina and FEMA in its FIS and its
accompanying DFIRM panels, for Alamance County dated
November 17, 2017, and for Orange County dated November 17,
2017 which are adopted by reference and declared to be a part of
this Section. Future revisions to the FIS and DFIRM panels that do
not change flood hazard data within the jurisdictional authority of the
City of Mebane are also adopted by reference and declared a part of
this section. Subsequent Letter of Map Revisions (LOMRs) and/or
Physical Map Revisions (PMRs) shall be adopted within 3 months.
C. Compliance
No structure or land shall hereafter be located, extended, converted,
altered, or developed in any way without full compliance with the
Mebane LIDO, Article 5 5-26
February 4, 2008; amended April 7, 2008; amended 07.11.16

terms of this Section and other applicable regulations.
D. Abrogation and Greater Restrictions
The provisions of this Section are not intended to repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions.
However, where the provisions of this Section and another conflict or
overlap, whichever imposes the more stringent restrictions shall
prevail.
E. Interpretation
In the interpretation and application of the provisions of this Section,
all provisions shall be:
Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted
under State statutes.
F. Warning and Disclaimer of Liability
The degree of flood protection required by this Section is considered
reasonable for regulatory purposes and is based on scientific and
engineering consideration. Larger floods can and will occur. Actual
flood heights may be increased by man-made or natural causes.
This Section does not imply that land outside the Special Flood
Hazard Areas or uses permitted within such areas will be free from
flooding or flood damages. This Section shall not create liability on
the part of the City of Mebane or by any officer or employee thereof
for any flood damages that result from reliance on this Section or
any administrative decision lawfully made hereunder.
G. Violations and Penalties
Violations of the provisions of Section 5-3 or failure to comply with
any of its requirements shall be processed in accordance with the
procedures delineated in Article 11, Enforcement and Judicial
Review. Penalties and remedies for violations shall be as provided
for in Article 11, Sections 11-4 and 11-5. Nothing herein contained
shall prevent the City of Mebane from taking such other lawful action
as is necessary to prevent or remedy any violation of the provisions
of Section 5-3.
5-3.4 Plans, Application, and Permit Requirements
A. Designation of Floodplain Administrator
The Zoning Administrator is hereby appointed to administer and
implement the provisions of this section. In instances where the
Zoning Administrator receives assistance from others to complete
tasks to administer and implement this section, the Zoning
Administrator shall be responsible for the coordination and
community's overall compliance with the National Flood Insurance
Program and the provisions of this section.
Mebane LIDO, Article 5 5-27
February 4, 2008; amended April 7, 2008; amended 07.11.16

B. General
A zoning or special use permit, as applicable, shall be required in
conformance with the provisions of this Section prior to the
commencement of any development activities within Special Flood
Hazard Areas determined in accordance with Section 5-3.3, B.
C. Application Requirements
Applications for a zoning permit or special use permit which include
property that is located within a Special Flood Hazard Area shall be
submitted to the Zoning Administrator and shall include the following
information:
1. A plot plan drawn to scale which shall include, but shall not be
limited to, the following specific details of the proposed
floodplain development:
(a) The nature, location, dimensions, and elevations of the
area of development/disturbance; existing and
proposed structures, utility systems, grading/pavement
areas, fill materials, storage areas, drainage facilities,
and other development;
(b) The boundary of the Special Flood Hazard Area as
delineated on the FIRM or other flood map as
determined in Section 5-3.3, B or a statement that the
entire lot is within the Special Flood Hazard Area;
(c) Flood zone(s) designation of the proposed
development area as determined on the FIRM or other
flood map as determined in Section 5-3.3, B;
(d) The boundary of the floodway(s) or non -encroachment
area(s) as determined in Section 5-3.3, B;
(e) The Base Flood Elevation (BFE) where provided as set
forth in Section 5-3.3, B; Section 5-3.5, K and L; or
Section 5-3.7, C;
(f) The old and new location of any watercourse that will
be altered or relocated as a result of proposed
development;
(g) Certification of the plot plan by a registered surveyor or
professional engineer.
2. Proposed elevation, and method thereof, of all development
within a Special Flood Hazard Area including but not limited to:
(a) Elevation in relation to NAVD 1988 of the proposed
reference level (including basement) of all structures;
Mebane LIDO, Article 5 5-28
February 4, 2008; amended April 7, 2008; amended 07.11.16

(b) Elevation in relation to NAVD 1988 to which any non-
residential structure in Zones A, AE, AH, AO, A99 will
be flood -proofed; and
(c) Elevation in relation to NAVD 1988 to which any
proposed utility systems will be elevated or
floodproofed;
3. If floodproofing, a Floodproofing Certificate (FEMA Form 086-
0-34) with supporting data and an operational plan that
includes, but is not limited to, installation, exercise, and
maintenance of floodproofing measures.
4. A Foundation Plan, drawn to scale, which shall include details
of the proposed foundation system to ensure all provisions of
this Section are met. These details include but are not limited
to:
(a) The proposed method of elevation, if applicable (i.e.,
fill, solid foundation perimeter wall, solid backfilled
foundation, open foundation on
columns/posts/piers/piles/shear walls) and
(b) Openings to facilitate equalization of hydrostatic flood
forces on walls in accordance with Section 5-3.7, B, 4,
(d), when solid foundation perimeter walls are used in
Zones A, AE, AH, AO, A99.
5. Usage details of any enclosed areas below the regulatory flood
protection elevation.
6. Plans and/or details for the protection of public utilities and
facilities such as sewer, gas, electrical, and water systems to
be located and constructed to minimize flood damage;
7. Copies of all other Local, State and Federal permits required
prior to floodplain development permit issuance (Wetlands,
Endangered Species, Erosion and Sedimentation Control,
Riparian Buffers, Mining, etc.)
8. Documentation for placement of Recreational Vehicles and/or
Temporary Structures, when applicable, to ensure Section 5-
3.7, B, 6 and 7 are met.
9. A description of proposed watercourse alteration or relocation,
when applicable, including an engineering report on the effects
of the proposed project on the flood -carrying capacity of the
watercourse and the effects to properties located both
upstream and downstream; and a map (if not shown on plot
plan) showing the location of the proposed watercourse
alteration or relocation.
D. Permit Data Requirements
Mebane LIDO, Article 5 5-29
February 4, 2008; amended April 7, 2008; amended 07.11.16

The following information shall be provided on the approved permit to
ensure compliance with the provisions of Section 5-3:
1. A complete description of the development to be permitted
under the floodplain development permit (e.g. house, garage,
pool, septic, bulkhead, cabana, pier, bridge, mining, dredging,
filling, grading, paving, excavation or drilling operations, or
storage of equipment or materials, etc.).
2. The Special Flood Hazard Area determination for the proposed
development per available data specified in Section 5-3.3, B.
3. The regulatory flood protection elevation required for the
reference level and all attendant utilities.
4. The regulatory flood protection elevation required for the
protection of all public utilities.
5. All certification submittal requirements with timelines.
6. A statement that no fill material or other development shall
encroach into the floodway or non -encroachment area of any
watercourse, as applicable.
7. The flood openings requirements, if in Zones A, AE, AH, AO,
A99.
8. Limitations of below BFE enclosure uses, if applicable (i.e.,
parking, building access and limited storage only).
9. A statement that all materials below BFE/RFPE must be flood
resistant materials.
E. Certification Requirements
1. Elevation Certificates:
(a) An Elevation Certificate (FEMA Form 086-0-33) is
required prior to the actual start of any new
construction. It shall be the duty of the permit holder to
submit to the Zoning Administrator a certification of the
elevation of the reference level, in relation to NAVD
1988. The Zoning Administrator shall review the
certificate data submitted. Deficiencies detected by
such review shall becorrected by the permit holder prior
to the beginning of construction. Failure to submit the
certification or failure to make required corrections shall
be cause to deny a floodplain development permit.
(b) An Elevation Certificate (FEMA Form 086-0-33) is
required after the reference level is established. Within
seven calendar days of establishment of the reference
level elevation, it shall be the duty of the permit holder
Mebane LIDO, Article 5 5-30
February 4, 2008; amended April 7, 2008; amended 07.11.16

to submit to the Zoning Administrator a certification of
the elevation of the reference level, in relation to NAVD
1988. Any work done within the seven-day calendar
period and prior to submission of the certification shall
be at the permit holder's risk. The Zoning Administrator
shall review the certificate data submitted. Deficiencies
detected by such review shall be corrected by the
permit holder immediately and prior to further work
being permitted to proceed. Failure to submit the
certification or failure to make required corrections shall
be cause to issue a stop -work order for the project.
(c) A final as -built Elevation Certificate (FEMA Form 086-0-
33) is required after construction is completed and prior
to Certificate of Compliance/Occupancy issuance. It
shall be the duty of the permit holder to submit to the
Zoning Administrator a certification of final as -built
construction of the elevation of the reference level and
all attendant utilities. The Zoning Administrator shall
review the certificate data submitted. Deficiencies
detected by such review shall be corrected by the
permit holder immediately and prior to Certificate of
Compliance/Occupancy issuance. In some instances,
another certification may be required to certify
corrected as -built construction. Failure to submit the
certification or failure to make required corrections shall
be cause to withhold the issuance of a Certificate of
Compliance/Occupancy. The Finished Construction
Elevation Certificate certifier shall provide at least 2
photographs showing the front and rear of the building
taken within 90 days from the date of certification. The
photographs must be taken with views confirming the
building description and diagram number provided in
Section A. To the extent possible, these photographs
should show the entire building including foundation. If
the building has split-level or multi -level areas, provide
at least 2 additional photographs showing side views of
the building. In addition, when applicable, provide a
photograph of the foundation showing a representative
example of the flood openings or vents. All
photographs must be in color and measure at least 3" x
3".
2. Floodproofing Certificate
(a) If non-residential floodproofing is used to meet the
regulatory flood protection elevation requirements, a
Floodproofing Certificate (FEMA Form 086-0-34), with
supporting data and an operational plan, is required
prior to the actual start of any new construction. It shall
be the duty of the permit holder to submit to the Zoning
Administrator a certification of the floodproofed design
elevation of the reference level and all attendant
Mebane LIDO, Article 5 5-31
February 4, 2008; amended April 7, 2008; amended 07.11.16

utilities, in relation to NAVD 1988. Floodproofing
certification shall be prepared by or under the direct
supervision of a professional engineer or architect and
certified by same. The Zoning Administrator shall
review the certificate data and plan. Deficiencies
detected by such review shall be corrected by the
applicant prior to permit approval. Failure to submit the
certification or failure to make required corrections shall
be cause to deny a floodplain development permit.
Failure to construct in accordance with the certified
design shall be cause to withhold the issuance of a
Certificate of Compliance/Occupancy.
(b) A final Finished Construction Floodproofing Certificate
(FEMA Form 086-0-34), with supporting data, an
operational plan, and an inspection and maintenance
plan are required prior to the issuance of a Certificate of
Compliance/Occupancy. It shall be the duty of the permit
holder to submit to the Floodplain Administrator a
certification of the floodproofed design elevation of the
reference level and all attendant utilities, in relation to
NAVD 1988. Floodproofing certificate shall be prepared
by or under the direct supervision of a professional
engineer or architect and certified by same. The
Floodplain Administrator shall review the certificate data,
the operational plan, and the inspection and
maintenance plan. Deficiencies detected by such review
shall be corrected by the applicant prior to Certificate of
Occupancy. Failure to submit the certification or failure
to make required corrections shall be cause to deny a
Floodplain Development Permit. Failure to construct in
accordance with the certified design shall be cause to
deny a Certificate of Compliance/Occupancy.
3. If a manufactured home is placed within Zones A, AE, AH, AO,
or A99 and the elevation of the chassis is more than 36 inches
in height above grade, an engineered foundation certification is
required per Section 5-3.7, B, 3, (b).
4. If a watercourse is to be altered or relocated, a description of
the extent of watercourse alteration or relocation; a
professional engineer's certified report on the effects of the
proposed project on the flood -carrying capacity of the
watercourse and the effects to properties located both upstream
and downstream; and a map showing the location of the
proposed watercourse alteration or relocation shall all be
submitted by the permit applicant prior to issuance of a permit.
5. Certification Exemptions. The following structures, if located
within Zones A, AE, AH, AO, or A99, are exempt from the
elevation/floodproofing certification requirements specified in
items 1 and 2 above of this subsection:
Mebane LIDO, Article 5 5-32
February 4, 2008; amended April 7, 2008; amended 07.11.16

a
11
C.
Recreational Vehicles meeting requirements of Section
5-3.7, B, 6, (a);
Temporary Structures meeting requirements of Section
5-3.7, B, 7; and
Accessory Structures less than 150 square
feet or less than $3,000 and meeting requirements of
Section 5-3.7, B, 8.
F. Determinations for existing buildings and structures
For applications for building permits to improve buildings and
structures, including alterations, movement, enlargement,
replacement, repair, change of occupancy, additions, rehabilitations,
renovations, substantial improvements, repairs of substantial
damage, and any other improvement of or work on such buildings
and structures, the Floodplain Administrator, in coordination with the
Building Official, shall:
Estimate the market value, or require the applicant to obtain an
appraisal of the market value prepared by a qualified
independent appraiser, of the building or structure before the
start of construction of the proposed work; in the case of
repair, the market value of the building or structure shall be the
market value before the damage occurred and before any
repairs are made;
2. Compare the cost to perform the improvement, the cost to repair
a damaged building to its pre -damaged condition, or the
combined costs of improvements and repairs, if applicable, to
the market value of the building or structure;
3. Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; and
4. Notify the applicant if it is
substantial improvement
that compliance with
requirements of the NC
required.
determined that the work constitutes
or repair of substantial damage and
the flood resistant construction
Building Code and this section is
5-3.5 Duties and Responsibilities of the Zoning Administrator
The duties of the Zoning Administrator as they relate to the administration
and enforcement of the provisions of Section 5-3 shall include, but not be
limited to:
A. Review all floodplain development applications and issue permits for
all proposed development within Special Flood Hazard Areas to
assure that the requirements of this Section have been satisfied.
B. Review all proposed development within Special Flood Hazard
Areas to assure that all necessary local, state and federal permits
Mebane LIDO, Article 5 5-33
February 4, 2008; amended April 7, 2008; amended 07.11.16

have been received, including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
C. Notify adjacent communities and the North Carolina Department of
Crime Control and Public Safety, Division of Emergency
Management, State Coordinator for the National Flood Insurance
Program prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency
Management Agency (FEMA).
D. Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood -carrying capacity is not
diminished.
E. Prevent encroachments into floodways and non -encroachment areas
unless the certification and flood hazard reduction provisions of
Section 5-3.7, E are met.
F. Obtain actual elevation (in relation to NAVD 1988) of the reference
level (including basement) and all attendant utilities of all new or
substantially improved structures, in accordance with Section 5-3.4,
E.
G. Obtain actual elevation (in relation to NAVD 1988) to which all new
and substantially improved structures and utilities have been
floodproofed, in accordance with Section 5-3.4, E.
H. Obtain actual elevation (in relation to NAVD 1988) of all public
utilities in accordance with Section 5-3.4, E.
When floodproofing is utilized for a particular structure, obtain
certifications from a registered professional engineer or architect in
accordance with Section 5-3.4, E and Section 5-3.7, B, 2.
J. Where interpretation is needed as to the exact location of
boundaries of the Special Flood Hazard Areas (for example, where
there appears to be a conflict between a mapped boundary and
actual field conditions), make the necessary interpretation. The
person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in
this Section.
K. When Base Flood Elevation (BFE) data has not been provided in
accordance with Section 5-3.3, B obtain, review, and reasonably
utilize any Base Flood Elevation (BFE) data, along with floodway
data or non -encroachment area data available from a Federal, State,
or other source, including data developed pursuant to Section 5-3.7,
C, 2, (b), in order to administer the provisions of this Section.
L. When Base Flood Elevation (BFE) data is provided but no floodway
nor non- encroachment area data has been provided in accordance
with Section 5-3.3, B obtain, review, and reasonably utilize any
floodway data or non -encroachment area data available from a
Mebane LIDO, Article 5 5-34
February 4, 2008; amended April 7, 2008; amended 07.11.16

Federal, State, or other source in order to administer the provisions
of this Section.
M. When the lowest ground elevation of a parcel or structure in a
Special Flood Hazard Area is above the Base Flood Elevation,
advise the property owner of the option to apply for a Letter of Map
Amendment (LOMA) from FEMA. Maintain a copy of the Letter of
Map Amendment (LOMA) issued by FEMA in the floodplain
development permit file.
N. Permanently maintain all records that pertain to the administration of
Section 5- 3 and make these records available for public inspection.
O. Make on -site inspections of work in progress. As the work pursuant
to a permit progresses, the Zoning Administrator shall make as
many inspections of the work as may be necessary to ensure that
the work is being done according to the provisions of the local
ordinance and the terms of the permit. In exercising this power, the
Zoning Administrator has a right, upon presentation of proper
credentials, to enter on any premises within the jurisdiction of the
community at any reasonable hour for the purposes of inspection or
other enforcement action.
P. Issue stop -work orders as required. Whenever a building or part
thereof is being constructed, reconstructed, altered, or repaired in
violation of this Section, the Zoning Administrator may order the work
to be immediately stopped. The stop- work order shall be in writing
and directed to the person doing the work. The stop -work order shall
state the specific work to be stopped, the specific reason(s) for the
stoppage, and the condition(s) under which the work may be
resumed. Violation of a stop -work order constitutes a misdemeanor.
Q. Revoke floodplain development permits as required. The Zoning
Administrator may revoke and require the return of the permit by
notifying the permit holder in writing stating the reason(s) for the
revocation. Permits shall be revoked for any substantial departure
from the approved application, plans, or specifications; for refusal or
failure to comply with the requirements of State or local laws; or for
false statements or misrepresentations made in securing the permit.
Any permit mistakenly issued in violation of an applicable State or
local law may also be revoked.
R. Make periodic inspections throughout all special flood hazard areas
within the jurisdiction of the community. The Zoning Administrator
and each member of his or her inspections department shall have a
right, upon presentation of proper credentials, to enter on any
premises within the territorial jurisdiction of the department at any
reasonable hour for the purposes of inspection or other enforcement
action.
S. Follow through with corrective procedures of Section 5-3.3, G.
Mebane LIDO, Article 5 5-35
February 4, 2008; amended April 7, 2008; amended 07.11.16

T. Review, provide input, and make recommendations for variance
requests.
U. Maintain a current map repository to include, but not limited to, the
FIS Report, FIRM and other official flood maps and studies adopted
in accordance with Section 5-3.3, B, including any revisions thereto
including Letters of Map Change, issued by FEMA. Notify State and
FEMA of mapping needs.
V. Coordinate revisions to FIS reports and FIRMs, including Letters of
Map Revision Based on Fill (LOMR-F) and Letters of Map Revision
(LOMR).
5-3.6 Variance Procedures
Requests for variances from the Flood Hazard Overlay District
requirements of Section 5-3 shall be reviewed by the board of
adjustment in accordance with the procedures outlined in Section 8-2,
B. Any person aggrieved by the decision of the board of adjustment may
appeal such decision in accordance with the provisions of Section 11- 7,
Judicial Review.
5-3.7 Provisions for Flood Hazard Reduction
A. General Standards
In all Special Flood Hazard Areas, the following provisions are required:
1. All new construction and substantial improvements shall be
designed (or modified) and adequately anchored to prevent
flotation, collapse, and lateral movement of the structure.
2. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage.
3. All new construction and substantial improvements shall be
constructed by methods and practices that minimize flood
damages.
4. All new electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service equipment shall be located at or
above the RFPE or designed and installed to prevent water from
entering or accumulating within the components during the
occurrence of the base flood. These include, but are not limited
to, HVAC equipment, water softener units, bath/kitchen fixtures,
ductwork, electric/gas meter panels/boxes, utility/cable boxes,
hot water heaters, and electric outlets/switches.
(a) Replacements part of a substantial improvement,
electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service equipment shall also meet
the above provisions.
(b) Replacements that are for maintenance and not part of a
Mebane LIDO, Article 5 5-36
February 4, 2008; amended April 7, 2008; amended 07.11.16

substantial improvement, may be installed at the original
location provided the addition and/or improvements only
comply with the standards for new construction
consistent with the code and requirements for the original
structure.
5. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwaters into
the system.
6. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into
the systems and discharges from the systems into flood
waters.
7. On -site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination from
them during flooding.
8. Nothing in this Section shall prevent the repair, reconstruction,
or replacement of a building or structure existing on the
effective date of this Section and located totally or partially
within the floodway, non- encroachment area, or stream
setback, provided there is no additional encroachment below
the regulatory flood protection elevation in the floodway, non -
encroachment area, or stream setback, and provided that such
repair, reconstruction, or replacement meets all of the other
requirements of this Section.
9. New solid waste disposal facilities and sites, hazardous waste
management facilities, salvage yards, and chemical storage
facilities shall not be permitted, except by variance as specified
in Section 5-3.6, I. A structure or tank for chemical or fuel
storage incidental to an allowed use or to the operation of a
water treatment plant or wastewater treatment facility may be
located in a Special Flood Hazard Area only if the structure or
tank is either elevated or floodproofed to at least the regulatory
flood protection elevation and certified according to Section 5-
3.4, E.
10. All subdivision proposals and other development proposals
shall be consistent with the need to minimize flood damage.
11. All subdivision proposals and other development proposals
shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to
minimize flood damage.
12. All subdivision proposals and other development proposals
shall have adequate drainage provided to reduce exposure to
flood hazards.
13. All subdivision proposals and other development proposals
Mebane LIDO, Article 5 5-37
February 4, 2008; amended April 7, 2008; amended 07.11.16

shall have received all necessary permits from those
governmental agencies for which approval is required by
Federal or State law, including Section 404 of the Federal
Water Pollution Control Act Amendments of 1972, 33 U.S.C.
1334.
14. When a structure is partially located in a Special Flood Hazard
Area, the entire structure shall meet the requirements for new
construction and substantial improvements.
15. When a structure is located in multiple flood hazard zones or in
a flood hazard risk zone with multiple base flood elevations,
the provisions for the more restrictive flood hazard risk zone
and the highest BFE shall apply.
B. Specific Standards
In all Special Flood Hazard Areas where Base Flood Elevation (BFE)
data has been provided, as set forth in Section 5-3.3, B or Section 5-
3.5, K and L, the following provisions, in addition to Section 5-3.7, A,
are required:
1. Residential Construction
New construction and substantial improvement of any
residential structure (including manufactured homes) shall
have the reference level, including basement, elevated no
lower than the regulatory flood protection elevation, as defined
in Section 5-3.2.
2. Non -Residential Construction
New construction and substantial improvement of any
commercial, industrial, or other non-residential structure shall
have the reference level, including basement, elevated no lower
than the regulatory flood protection elevation, as defined in
Section 5-3.2. Structures located in Zones A, AE, AH, AO, A99
may be floodproofed to the regulatory flood protection elevation
in lieu of elevation provided that all areas of the structure,
together with attendant utility and sanitary facilities, below the
regulatory flood protection elevation are watertight with walls
substantially impermeable to the passage of water, using
structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effect of buoyancy.
For AH and AO Zones, the floodproofing elevation shall be in
accordance with Section 5-3.7, F. A registered professional
engineer or architect shall certify that the standards of this
subsection are satisfied. Such certification shall be provided to
the Zoning Administrator as set forth in Section 5-3.4, E along
with the operational and maintenance plans.
3. Manufactured Homes:
(a) New or replacement manufactured homes shall be
elevated so that the reference level of the manufactured
home is no lower than the regulatory flood protection
elevation, as defined in Section 5-3.2.
Mebane LIDO, Article 5 5-38
February 4, 2008; amended April 7, 2008; amended 07.11.16

(b) Manufactured homes shall be securely anchored to an
adequately anchored foundation to resist flotation,
collapse, and lateral movement, either by engineer
certification, or in accordance with the most current
edition of the State of North Carolina Regulations for
Manufactured Homes adopted by the Commissioner of
Insurance pursuant to NCGS 143-143.15. Additionally,
when the elevation would be met by an elevation of the
chassis thirty-six inches or less above the grade at the
site, the chassis shall be supported by reinforced piers
or engineered foundation. When the elevation of the
chassis is above thirty-six inches in height, an
engineering certification is required.
(c) All enclosures or skirting below the lowest floor shall
meet the requirements of Section 3-5.7, B, 4.
(d) An evacuation plan must be developed for evacuation
of all residents of all new, substantially improved or
substantially damaged manufactured home parks or
subdivisions located within flood prone areas. This plan
shall be filed with and approved by the Zoning
Administrator and the local Emergency Management
coordinator.
4. Elevated Buildings
Fully enclosed area, of new construction and substantially
improved structures, which is below the lowest floor:
(a) Shall not be designed or used for human habitation, but
shall only be used for parking of vehicles, building
access, or limited storage of maintenance equipment
used in connection with the premises. Access to the
enclosed area shall be the minimum necessary to allow
for parking of vehicles (garage door) or limited storage
of maintenance equipment (standard exterior door), or
entry to the living area (stairway or elevator). The
interior portion of such enclosed area shall not be
finished or partitioned into separate rooms, except to
enclose storage areas;
(b) Shall not be temperature controlled.
(c) Shall be constructed entirely of flood resistant materials
below the regulatory flood protection elevation; and
(d) Shall include, in Zones A, AE, AH, AO, A99 flood
openings to automatically equalize hydrostatic flood
forces on walls by allowing for the entry and exit of
floodwaters. To meet this requirement, the openings
must either be certified by a professional engineer or
architect or meet or exceed the following minimum
Mebane LIDO, Article 5 5-39
February 4, 2008; amended April 7, 2008; amended 07.11.16

design criteria;
(1) A minimum of two flood openings on different
sides of each enclosed area subject to flooding;
(2) The total net area of all flood openings must
be at least one square inch for each square
foot of enclosed area subject to flooding;
(3) If a building has more than one enclosed
area, each enclosed area must have
flood openings to allow floodwaters to
automatically enter and exit;
(4) The bottom of all required flood openings
shall be no higher than one foot above
the adjacent grade;
(5) Flood openings may be equipped with screens,
louvers, or other coverings or devices, provided
they permit the automatic flow of floodwaters in
both directions; and
(6) Enclosures made of flexible skirting are not
considered enclosures for regulatory purposes,
and, therefore, do not require flood openings.
Masonry or wood underpinning, regardless of
structural status, is considered an enclosure
and requires flood openings as outlined above.
5. Additions/Improvements:
(a) Additions and/or improvements to pre -FIRM structures
when the addition and/or improvements in combination
with any interior modifications to the existing structure
are:
(1) Not a substantial improvement, the addition
and/or improvements must be designed to
minimize flood damages and must not be any
more non -conforming than the existing
structure.
(2) A substantial improvement, both the existing
structure and the addition and/or improvements
must comply with the standards for new
construction.
(b) Additions to post -FIRM structures with no modifications
to the existing structure other than a standard door in
the common wall shall require only the addition to
comply with the standards for new construction.
(c) Additions and/or improvements to post -FIRM structures
when the addition and/or improvements in combination
Mebane LIDO, Article 5 5-40
February 4, 2008; amended April 7, 2008; amended 07.11.16

with any interior modifications to the existing structure
are:
(3) Not a substantial improvement, the addition
and/or improvements only must comply
with the standards for new construction.
(4) A substantial improvement, both the existing
structure and the addition and/or improvements
must comply with the standards for new
construction.
(d) Where an independent perimeter load -bearing wall is
provided between the addition and the existing building,
the addition(s) shall be considered a separate building
and only the addition must comply with the standards
for new construction.
6. Recreational Vehicles
Recreational vehicles shall either:
(a) Temporary Placement
(1) Be on site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use (a
recreational vehicle is ready for highway use if it
is on its wheels or jacking system, is attached to
the site only by quick disconnect type utilities,
and has no permanently attached additions); or
(b) Permanent Placement. Recreational vehicles that do not
meet the limitations of Temporary Placement shall meet
all the requirements for new construction.
7. Temporary Non -Residential Structures
Prior to the issuance of a permit for a temporary structure, the
applicant must submit to the Zoning Administrator a plan for
the removal of such structure(s) in the event of a hurricane,
flash flood or other type of flood warning notification. The
following information shall be submitted in writing to the Zoning
Administrator for review and written approval:
(a) A specified time period for which the temporary use will
be permitted. Time specified may not exceed three
months, renewable up to one year;
(b) The name, address, and phone number of the
individual responsible for the removal of the temporary
structure;
(c) The time frame prior to the event at which a structure
Mebane LIDO, Article 5 5-41
February 4, 2008; amended April 7, 2008; amended 07.11.16

will be removed (i.e., minimum of 72 hours before
landfall of a hurricane or immediately upon flood
warning notification);
(d) A copy of the contract or other suitable instrument with
the entity responsible for physical removal of the
structure; and
(e) Designation, accompanied by documentation, of a
location outside the Special Flood Hazard Area, to
which the temporary structure will be moved.
8. Accessory Structures
When accessory structures (sheds, detached garages, etc.)
are to be placed within a Special Flood Hazard Area, the
following criteria shall be met:
(a) Accessory structures shall not be used for human
habitation (including working, sleeping, living, cooking
or restroom areas);
(b) Accessory structures shall not be temperature -
controlled;
(c) Accessory structures shall be designed to have low
flood damage potential;
(d) Accessory structures shall be constructed and placed
on the building site so as to offer the minimum
resistance to the flow of floodwaters;
(e) Accessory structures shall be firmly anchored in
accordance with Section 5-3.7, A, 1;
(f) All service facilities such as electrical shall be installed
in accordance with Section 5-3.7, A, 4; and
(g) Flood openings to facilitate automatic equalization of
hydrostatic flood forces shall be provided below
regulatory flood protection elevation in conformance
with Section 5-3.7, B, 4 (c).
An accessory structure with footprint less than 150 square feet,
or that is a minimal investment of $3,000 or less, and that
satisfies the criteria outlined above does not require an
elevation or floodproofing certificate. Elevation or floodproofing
certifications are required for all other accessory structures in
accordance with Section 5- 3.4, D.
9. Tanks
When gas and liquid storage tanks are to be placed within a
Special Flood Hazard Area, the following criteria shall be met:
Mebane LIDO, Article 5 5-42
February 4, 2008; amended April 7, 2008; amended 07.11.16

(a) Underground Tanks in flood hazard areas shall be
anchored to prevent flotation, collapse or lateral
movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including
the effects of buoyancy assuming the tank is empty;
(b) Above -ground elevated tanks in flood hazard areas shall
be elevated to or above the Regulatory Flood
Protection Elevation on a supporting structure that is
designed to prevent flotation, collapse or lateral
movement during conditions of the design flood. Tank -
supporting structures shall meet the foundation
requirements of the applicable flood hazard area;
(c) Above -ground not elevated tanks that do not meet the
elevation requirements of Section B (2) of this section
shall be permitted in flood hazard areas provided the
tanks are designed, constructed, installed, and
anchored to resist all flood -related and other loads,
including the effects of buoyancy, during conditions of
the design flood and without release of contents in the
floodwaters or infiltration by floodwaters into the tanks.
Tanks shall be designed, constructed, installed, and
anchored to resist the potential buoyant and other flood
forces acting on an empty tank during design flood
conditions.
(d) Tank inlets and vents. Tank inlets, fill openings, outlets
and vents shall be:
(1) At or above the Regulatory Flood Protection
Elevation or fitted with covers designed to
prevent the inflow of floodwater or outflow of the
contents of the tanks during conditions of the
design flood; and
(2) Anchored to prevent lateral movement resulting
from hydrodynamic and hydrostatic loads,
including the effects of buoyancy, during
conditions of the design flood.
10. Other Development
(a) Fences in regulated floodways and NEAs that have the
potential to block the passage of floodwaters, such as
stockade fences and wire mesh fences, shall meet the
limitations of Section 5-3.7, E of this section.
(b) Retaining walls sidewalks and driveways in regulated
floodways and NEAs. Retaining walls and sidewalks
and driveways that involve the placement of fill in
regulated floodways shall meet the limitations of
Section 5-3.7, E of this section.
Mebane LIDO, Article 5 5-43
February 4, 2008; amended April 7, 2008; amended 07.11.16

(c) Roads and watercourse crossings in regulated floodways
and NEAs. Roads and watercourse crossings,
including roads, bridges, culverts, low-water crossings
and similar means for vehicles or pedestrians to travel
from one side of a watercourse to the other side, that
encroach into regulated floodways shall meet the
limitations of Section 5-3.7, E of this section.
C. Standards for Floodplains without Established Base Flood
Elevations
Within the Special Flood Hazard Areas designated as Approximate
Zone A and established in Section 5-3.3, B, where no Base Flood
Elevation (BFE) data has been provided by FEMA, the following
provisions, in addition to Sections 5-3.7, A and B, shall apply:
No encroachments, including fill, new construction, substantial
improvements or new development shall be permitted within a
distance of twenty feet each side from top of bank or five times
the width of the stream, whichever is greater, unless
certification with supporting technical data by a registered
professional engineer is provided demonstrating that such
encroachments shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
2. The BFE used in determining the regulatory flood protection
elevation shall be determined based on one of the following
criteria set in priorityorder:
(a) If Base Flood Elevation (BFE) data is available from
other sources, all new construction and substantial
improvements within such areas shall also comply with
all applicable provisions of this Section and shall be
elevated or floodproofed in accordance with standards
in Section 5-3.5, K and L.
(b) When floodway or non -encroachment data is available
from a Federal, State, or other source, all new
construction and substantial improvements within
floodway and non -encroachment areas shall also
comply with the requirements of Section 5-3.7 B and E.
(c) All subdivision, manufactured home park and other
development proposals shall provide Base Flood
Elevation (BFE) data if development is greater than five
acres or has more than fifty lots/manufactured home
sites. Such Base Flood Elevation (BFE) data shall be
adopted by reference per Section 5-3.3, B to be utilized
in implementing this Section.
(d) When Base Flood Elevation (BFE) data is not available
from a Federal, State, or other source as outlined
Mebane LIDO, Article 5 5-44
February 4, 2008; amended April 7, 2008; amended 07.11.16

above, the reference level shall be elevated to or above
the regulatory flood protection elevation, as defined in
Section 5-3.2.
D. Standards for Riverine Floodplains with BFE but without
Established Floodways or Non -Encroachment Areas
Along rivers and streams where BFE data is provided but neither
floodway nor non -encroachment areas are identified for a Special
Flood Hazard Area on the FIRM or in the FIS report, the following
requirements shall apply to all development within such areas:
Standards outlined in Section 5-3.7, A and B; and
2. Until a regulatory floodway or non -encroachment area is
designated, no encroachments, including fill, new construction,
substantial improvements, or other development, shall be
permitted unless certification with supporting technical data by
a registered professional engineer is provided demonstrating
that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood
more than one foot at any point within the community.
E. Standards for Floodways and Non -Encroachment Areas
Areas designated as floodways or non -encroachment areas are located
within the Special Flood Hazard Areas established in Section 5-3.3, B.
The floodways and non -encroachment areas are extremely hazardous
areas due to the velocity of floodwaters that have erosion potential and
carry debris and potential projectiles. The following provisions, in
addition to standards outlined in Section 5-3.7, A and B, shall apply to
all development within such areas:
No encroachments, including fill, new construction, substantial
improvements and other developments shall be permitted unless it has
been demonstrated that:
(a) The proposed encroachment would not result in any increase in the
flood levels during the occurrence of the base flood, based on
hydrologic and hydraulic analyses performed in accordance with
standard engineering practice and presented to the Zoning
Administrator prior to issuance of a permit, or
(b) A Conditional Letter of Map Revision (CLOMR) has been approved
by FEMA. A Letter of Map Revision (LOMR) must also be obtained
upon completion of the proposed encroachment.
2. If Section 5-3.7, E, 1 is satisfied, all development shall comply with all
applicable flood hazard reduction provisions of this Section.
3. No manufactured homes shall be permitted, except replacement
manufactured homes in an existing manufactured home park or
Mebane LIDO, Article 5 5-45
February 4, 2008; amended April 7, 2008; amended 07.11.16

subdivision, provided the following provisions are met:
(a) The anchoring and the elevation standards of Section 5-3.7. B, 3;
and
(b) The no encroachment standard of Section 5-3.7, E, 1.
F. Standards for Areas of Shallow Flooding (Zone AO)
Located within the Special Flood Hazard Areas established in Section 5-3.3,
B, are areas designated as shallow flooding areas. These areas have
special flood hazards associated with base flood depths of one to three feet
where a clearly defined channel does not exist and where the path of
flooding is unpredictable and indeterminate. In addition to Section 5-3.7, A,
all new construction and substantial improvements shall meet the following
requirements:
The reference level shall be elevated at least as high as the depth number
specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard
of two feet, above the highest adjacent grade; or at least two feet above
the highest adjacent grade plus a freeboard of two feet if no depth number
is specified.
2. Non-residential structures may, in lieu of elevation, be floodproofed to the
same level as required in subsection 1 above so that the structure, together
with attendant utility and sanitary facilities, below that level shall be
watertight with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. Certification
is required as per Section 5-3.4, D and Section 5-3.7, B, 2.
3. Adequate drainage paths shall be provided around structures on slopes,
to guide floodwaters around and away from proposed structures.
G. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AH)
Located within the Special Flood Hazard Areas established in Article 3,
Section B, are areas designated as shallow flooding areas. These areas
are subject to inundation by 1-percent-annual-chance shallow flooding
(usually areas of ponding) where average depths are one (1) to three (3)
feet. Base Flood Elevations are derived from detailed hydraulic analyses
are shown in this zone.
In addition to Section 5-3.7, A and B, all new construction and substantial
improvements shall meet the following requirements:
Adequate drainage paths shall be provided around structures on slopes,
to guide floodwaters around and away from proposed structures.
5-3.8 Effect upon Outstanding Permits
Nothing herein contained shall require any change in the plans, construction, size,
or designated use of any development or any part thereof for which a permit has
been granted by the Zoning Administrator or his or her authorized agents before
the time of passage of this Ordinance; provided, however, that when construction
Mebane LIDO, Article 5 5-46
February 4, 2008; amended April 7, 2008; amended 07.11.16

is not begun under such outstanding permit within a period of six months
subsequent to the date of issuance of the outstanding permit, construction or use
shall be in conformity with the provisions of this Ordinance.
5-4 Stormwater Management
The general standards contained in this Section shall apply throughout the planning
jurisdiction. However, developments located within watershed protection overlay
districts shall comply with the applicable additional stormwater management
requirements of Section 5-2. All residential development disturbing one acre or more
and all nonresidential development disturbing one-half acre or more shall prepare
stormwater management plans in accordance with subsection F below.
A. Natural Drainage System Utilized to Extent Feasible
1. To the extent practicable, all development shall conform to the natural
contours of the land and natural and pre-existing man-made drainage
ways shall remain undisturbed.
2. To the extent practicable, lot boundaries shall be made to coincide with
natural and pre-existing man-made drainage ways within subdivisions to
avoid the creation of lots that can be built upon only by altering such
drainage ways.
B. Developments Must Drain Properly
1. All developments shall be provided with a drainage system that is
adequate to prevent the undue retention of surface water on the
development site. Surface water shall not be regarded as unduly
retained if:
(a) The retention results from a technique, practice or device
deliberately installed as part of an approved sedimentation or
stormwater runoff control plan; or
(b) The retention is not substantially different in location or degree
than that experienced by the development site in its pre -
development stage, unless such retention presents a danger to
health or safety.
2. No surface water may be channeled or directed into a sanitary sewer.
3. Whenever practicable, the drainage system of a development shall
coordinate with and connect to the drainage systems or drainage ways
on surrounding properties or streets.
4. All developments shall be constructed and maintained so that adjacent
properties are not unreasonably burdened with surface waters as a
result of such developments. More specifically:
(a) No development may be constructed or maintained so that such
development unreasonably impedes the natural flow of water from
higher adjacent properties across such development, thereby
Mebane LIDO, Article 5 5-47
February 4, 2008; amended April 7, 2008; amended 07.11.16

unreasonably causing substantial damage to such higher adjacent
properties; and
(b) No development may be constructed or maintained so that
surface waters from such development are unreasonably collected
and channeled onto lower adjacent properties at such locations or
at such volumes as to cause substantial damage to such lower
adjacent properties.
C. Design Standards
New and extended stormwater systems shall be designed to the specifications
maintained by the City of Mebane City Engineer and calculated to
accommodate ten-year design frequency stormwater runoff.
D. Construction of Systems by Developers; Responsibility for
Maintenance
Storm drainage systems shall be constructed by developers as part of the public
improvements of new subdivisions.
A site plan illustrating all drainage facilities shall be submitted to
the City Engineer for approval prior to construction.
2. Street storm drains which discharge water onto lots within a
development shall be extended by the developer to a point fifteen
feet beyond any structure on or to be constructed on said
subdivision lots.
3. The City maintenance responsibility for storm drainage systems is
restricted to structures and piping within street rights -of -way and
within dedicated public storm sewer easements.
4. Owners of private property containing stormwater channels,
ditches, and drainageways in private drainage easements or
private storm sewer easements shall be responsible for
maintaining them open, clean, and properly functioning as parts of
the stormwater runoff system. A property owners association may
be established to assume this responsibility.
E. Installation and Maintenance by Private Property Owners
Private property owners are permitted to install storm piping in runoff
channels, in accordance with specification and calculations of pipe and
structure size approved by the City Engineer.
Property owners with stormwater runoff systems on their property
will be responsible for maintaining these channels, systems and
structures open to accommodate the free flow of stormwater away
from the street right-of-way.
2. Culverts under driveway connections to public streets shall be
maintained clear of obstructions and capable of freely carrying
Mebane LIDO, Article 5 5-48
February 4, 2008; amended April 7, 2008; amended 07.11.16

stormwater flow by the private property owner owning and utilizing
the driveway.
F. Stormwater Management Plans
All development disturbing one acre or more shall comply with the
stormwater management provisions of the Mebane Post
Construction Runoff Ordinance. (Note: developments within a
Watershed Overlay District shall comply with the stormwater
control requirements of Section 5-2, E).
2. Structural stormwater controls must meet the following criteria:
(a) Remove an 85% average annual amount of Total
Suspended Solids (TSS).
(b) For wet detention ponds draw down the treatment volume
no faster than 48 hours, but no slower than 120 hours.
(c) Discharge the storage volume at a rate equal or less than
the pre -development discharge rate for the 1-year, 24-
hour storm.
(d) Meet the General Engineering Design Criteria set forth in
15A NCAC 02H.1008(c).
3. Setbacks for impervious surfaces from receiving waters shall be
as follows:
(a) All new impervious or partially pervious surfaces, except
for streets, paths, and water -dependent structures, shall
be located at least 30 feet landward of all perennial and
intermittent surface waters.
4. In addition to all other requirements specified above, all
development activities that are located within a NC Environmental
Management Commission -designated Critical Area of a Water
Supply Watershed shall be limited to a maximum impervious
surface density of 24 percent.
5. Stormwater management plans shall be certified by a North
Carolina registered stormwater professional to be in conformity
with the North Carolina Stormwater Best Management Practices
Manual. Stormwater management plans shall contain the
information required in Appendix D for stormwater management
plans.
6. A stormwater management and maintenance plan shall be
submitted to the Zoning Administrator prior to the approval of a
final subdivision plat. The plan shall identify the party or entity
responsible for ownership and maintenance activities. Plans for
the operation and maintenance of stormwater control structures
Mebane LIDO, Article 5 5-49
February 4, 2008; amended April 7, 2008; amended 07.11.16

shall comply with the requirements of Section 5-2, E, 5 (b) and
Section 5-2, E, 6. Recorded deed restrictions shall be required to
ensure management and maintenance consistent with approved
stormwater management plans. The operation and maintenance
agreement shall require the owner of each stormwater control
structure to submit a maintenance inspection report on each
stormwater control structure annually to the Zoning Administrator.
7. All engineered stormwater control structures shall be designed by
a North Carolina registered professional with qualifications
appropriate for the type of system required; these registered
professionals are defined as professional engineers, landscape
architects, to the extent that the General Statutes, Chapter 89A
allow, and land surveyors, to the extent that the design represents
incidental drainage within a subdivision, as provided in General
Statutes 89(C)-3(7).
8. All new stormwater control structures shall be conditioned on the
posting, in accordance with provisions of Section 5-2, E, 6, of
adequate financial assurance for the purpose of maintenance,
repairs or reconstruction necessary for adequate performance of
the stormwater control structures.
9. The storm drainage system shall follow existing topography as
nearly as practical, shall divert stormwater away from surface
waters, and shall incorporate stormwater Best Management
Practices to minimize adverse water quality impacts. The banks
of ditches shall be immediately seeded upon grading and
installation of utilities and the ditch itself shall be improved with
appropriate vegetative cover to retard erosion.
10. No surface water shall be channeled into a sanitary sewer.
5-5 Soil Erosion and Sedimentation Control
A. No final site plan approval and no final plat approval for subdivisions may
be given with respect to any development that would cause land
disturbing activity requiring prior approval of an erosion and
sedimentation control plan by the Land Quality Section, Division of Land
Resources, NC Department of Environment and Natural Resources under
NCGS 113A-57(4) unless the Land Quality Section has certified to the
City, either that:
An erosion control plan has been submitted to and approved by
the Land Quality Section; or
2. The Land Quality Section has examined the preliminary plans for
the development and it reasonably appears that an erosion control
plan can be approved upon submission by the developer of more
detailed construction or design drawings. However, in this case,
construction of the development may not begin (and no building
permits may be issued) until the Land Quality Section approves the
erosion control plan.
Mebane LIDO, Article 5 5-50
February 4, 2008; amended April 7, 2008; amended 07.11.16

B. For purposes of this Section, `land disturbing activity' means any use of
the land by any person in residential, industrial, educational, institutional
or commercial development, highway and street construction and
maintenance that results in a change in the natural cover or topography
and that may cause or contribute to sedimentation except activities that
are exempt under NCGS 113A-52(6)). Sedimentation occurs whenever
solid particulate matter, mineral or organic, is transported by water, air,
gravity, or ice from the site of its origin.
5-6 Highway Corridor Overlay District Requirements
The Highway Corridor Overlay (HCO) District, as described in Section 3-1, C., is
established to provide specific appearance and operational standards for
specifically designated highway corridors while accommodating development
along the corridors. All uses, with the exception of single-family detached
dwellings and two-family dwellings located on their own separate lots unless
specifically provided for herein, proposed to be located in the Highway Corridor
Overlay District are subject to the additional requirements of this Section. All
buildings, parking and loading areas, or open uses of land which are expanded in
excess of 3,000 square feet of their gross square footage after the effective date
of this Ordinance are subject to the requirements of this Section. All other
requirements of the underlying zoning districts shall also apply, with the more
stringent regulations prevailing when standards conflict.
A. Procedures
The applicant shall submit a site plan of the parcel and the proposed
use to the Zoning Administrator. The City Council shall review the
site plan in accordance with the provisions of this Section. Approval
of the site plan and the proposed uses by the City Council
authorizes the issuance of a zoning permit or special use permit.
2. Permits are issued at each phase of development and only in
accordance with the approved site plan.
3. If a site plan was approved and a use permit was issued for the
development of a lot or lots, no subsequent change or expansion
which was not shown on the site plan shall be allowed unless also
approved by the City Council.
B. General Standards Applicable to All Highway Corridor Overlay
Districts
Site development plan:
(a) A site plan shall be prepared to provide a complete and
accurate description of the proposed use; building footprint
of existing and proposed structures; proposed landscaping
and buffering areas; proposed points of ingress and egress;
proposed pedestrian facilities, parking, loading, and trash
Mebane LIDO, Article 5 5-51
February 4, 2008; amended April 7, 2008; amended 07.11.16

containment areas; proposed type and location of outdoor
lighting; and proposed type and location of signs.
(b) Site plans shall also include building schematics showing
proposed front and side elevations to scale with materials
noted.
(c) All site plans shall be submitted to and reviewed by the
Planning Director for completeness and accuracy prior to
being forwarded to the City Council for approval.
2. A traffic analysis indicating the estimated effect of the proposed
development on adjacent existing road traffic, including volume
flows to and from the development prepared by a registered
professional engineer may be required if, in the opinion of the
Zoning Administrator and upon the recommendation of the City
Engineer, such an analysis is warranted based upon the intensity of
the proposed development.
3. A preliminary plan or engineering feasibility report providing for the
site grading, landscaping, storm drainage, sanitary sewerage, and
water supply prepared by a licensed professional engineer shall be
submitted along with the site plan.
4. The maximum lot coverage by total impervious surfaces such as
rooftops, paving, walkways, etc. shall be 59 70 percent of the lot
area except when stormwater is retained or detained on the site.
Any additional runoff resulting from lot coverage in excess of 59 70
percent must be compensated for by such on -site detention or
retention measures.
5. All new driveway access shall be permitted in accordance with the
NCDOT `Policy on Street and Driveway Access to North Carolina
Highways' Rev. Jul. 03'.
6. If the owners of two or more lots jointly provide a direct point of both
ingress and egress to serve their lots, adequate provisions shall be
made by dedication, covenants, restrictions, or other legal
instruments for ensuring that such point of ingress and egress on
such streets are provided and maintained consistent with the
regulations and intent of this Section.
7. Loading docks, service areas, and trash facilities shall be located at
the rear of structures, and shall not be visible from the street.
Parking and loading areas shall be screened from abutting
properties in accordance with the requirements of Section 6-4.8.
8. A required streetscape buffer yard shall comply with the
requirements of Section 6-3, D, 4 except that the additional
minimum standards shall also be applicable to properties in the
HCO District:
Mebane LIDO, Article 5 5-52
February 4, 2008; amended April 7, 2008; amended 07.11.16

(a) Two canopy trees for every 40 linear feet of highway
frontage;
(b) Two understory trees for every 20 linear feet of highway
frontage; and
(c) Thirty-four shrubs for every 100 linear feet of highway
frontage.
9. Signs shall be architecturally compatible with the style, composition,
materials, colors, and details of the structure as well as with other
signs used on the structure.
10. General building design standards:
(a) No awnings or canopy fascias shall be internally lit.
(b) Building and roof colors shall consist of natural earth tones,
white, black, or shades of gray. Primary colors or bright
colors shall be limited to trim and signage. Day glow or neon
colors shall be avoided.
(c) Building color schemes shall blend in with surroundings.
Multiple colors and garish or unusual patterns or geometric
shapes shall be avoided.
(d) Applicants are required to submit color renderings, color
elevation drawings, or color photographs with the site plan or
to place a note on the site plan indicating that compliance
with subsections (b) and (c) above shall be achieved and
approved by the City Council prior to installation.
(e) Appropriate screening shall be provided to obscure as much
as reasonably possible all roof -mounted equipment, roof
vents, or other unsightly building appurtenances from view
from the highway corridor.
C. (Reserved) [deleted April 7, 2008]
Mebane LIDO, Article 5 5-53
February 4, 2008; amended April 7, 2008; amended 07.11.16