WSCO_UNIO_WSWP Ordinance_20210204

Article i5 I Overlay Districts
Section15.ozo General.................................................................................................................. 3.5-3.
Section 15.02o AO, Airport Overlay............................................................................................... 3.5-3.
Section 3.5.o3o Water Supply Watershed Overlays........................................................................ 3.5-6
Section 15.040 M, Mining Overlay............................................................................................... 3.5-3.5
Section 3.5.050 Planned Unit Development Overlay (Legacy District) .......................................... 3.5-3.5
Section iS.oio General
15.o10-A Establishment
Overlay zoning districts may be established, amended or removed only in accordance with
the zoning map amendment procedures of Section 8o_o4o.
15.o10-B Interpretation
1. Overlay zoning district regulations apply in combination with underlying (base) zoning
district regulations and all other applicable regulations of this ordinance to impose ad-
ditional regulations orto modify regulations of the underlying base zoning.
2. Unless otherwise expressly stated, all applicable regulations of the underlying base zon-
ing district applyto property in an overlay zoning district.
3. When overlay district regulations conflict with regulations that apply in the underlying,
base zoning district, the regulations of the overlay zoning district govern.
4. If property is classified in multiple overlay zoning districts and the regulations of one
overlay district conflict with the regulations of another overlay zoning district, the more
restrictive regulations (the ones that impose the more stringent requirements) govern.
Section 15.02o AO, Airport Overlay
15.02o-A Purpose
The AO, Airport Overlay district is intended to protect the airport and its surrounding area
from the encroachment of incompatible land uses that may present hazards to users of the
airport as well as persons living orworking in the airport vicinity. The overlay district regula-
tions are further intended to:
1. Prevent and control influences that are adverse to the airport property and to the safe
conduct of aircraft in the vicinity of the Monroe Regional Airport;
2. Prevent creation of conditions hazardous to aircraft operation;
3. Prevent conflict with land development that may result in loss of life and property; and
4. Encourage development that is compatible with airport use characteristics within the
intent and purpose of zoning.
15.02o-B Definitions
The definitions of this section apply only to the administration and enforcement of the AO
district regulations.
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Article 15 1 Overlay Districts
Section 15.020 1 AO, Airport Overlay
i. Airport
Monroe Regional Airport
2. Airport Elevation
The highest point of the airport's useable landing area measured in feet above mean
sea level (679.0 feet).
3. Approach Surface
A surface longitudinally centered on the extended runway centerline, extending out-
ward and upward from the end of the primary surface and at the same slope as the ap-
proach zone height limitation slope set forth in gi5_ozo_D.
4. Approach, Transitional, Horizontal, and Conical Zones
These zones are set forth in 5i5_020_C.
5. Conical Surface
A surface extending outward and upward from the periphery of the horizontal surface
at a slope of 20 to i for a horizontal distance of 4,000 feet.
6. Hazard to Navigation
An obstruction determined to have a substantial adverse effect on the safety and effi-
cient utilization of the navigable airspace.
7. Height
Forthe purpose of measuring compliance with the height limits in all AO district airport
zones, the datum is mean the sea level elevation (679.0 feet).
8. Horizontal Surface
A horizontal plane i50 feet above the established airport elevation, the perimeter of
which in plan view coincides with the perimeter of the horizontal zone.
9. Larger than Utility Runway
A runway that is constructed for and intended to be used byjet powered aircraft and
propeller driven aircraft of greaterthan i2,500 pounds maximum gross weight.
io. Nonprecision Instrument Runway
A runway having an existing instrument approach procedure utilizing air navigation fa-
cilities with only horizontal guidance, or area type navigation equipment, for which a
straight -in nonprecision instrument approach procedure has been approved or planned.
ii. Obstruction
Any structure, growth, or other object, including a mobile object that exceeds the
height limits established in 5i5_02o_D.
12. Precision Instrument Runway
A runway having an existing instrument approach procedure utilizing an instrument
landing system or a precision approach radar. It also means a runway forwhich a preci-
sion approach system is planned and is so indicated on an approved airport layout plan
or any other planning document.
3.3. Primary Surface
A surface longitudinally centered on a runway. When the runway has a specially pre-
pared hard surface, the primary surface extends zoo feet beyond each end of that run-
way; for military runways orwhen the runway has no specially prepared hard surface, or
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Article 15 1 Overlay Districts
Section 15.020 1 AO, Airport Overlay
planned hard surface, the primary surface ends at each end of that runway. The width
of the primary surface is set forth gi5_ozo _C... The elevation of any point on the primary
surface is the same as the elevation of the nearest point on the runway centerline.
3.4. Runway
A defined area on an airport prepared for landing and takeoff of aircraft along its
length.
3.5. Structure
An object, including a mobile object, constructed or installed by man, including by with-
out limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead
transmission lines.
3.6. Transitional Surfaces
These surfaces extend outward at go degree angles from the runway centerline and the
runway centerline extended at a slope of 7 feet horizontally for each foot vertically from
the aides of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces forthose portions of the precision approach
surfaces that project through and beyond the limits of the conical surface, extend a dis-
tance of 5,000 feet measured from the edge of the approach surface and at go degree
angles to the extended runway centerline.
3.7. Tree
Any object of natural growth.
3.8. Utility Runway
A runway that is constructed for and intended to be used by propeller driven aircraft of
no more than i2,500 pounds maximum gross weight.
i9. Visual Runway
A runway intended solely for the operation of aircraft using visual approach procedures.
15.020-C Airport Zones Established and Defined
The following zones are shown on the City of Monroe zoning map. An area located in more
than one of the following zones is considered to be solely in the zone with the more restric-
tive height limitation. The zones are established and regulated as follows:
Precision Instrument Runway Approach Zone (AO -A)
The inner edge of the precision instrument runway approach zone coincides with the
width of the primary surface and is i,000 feet in width. The precision instrument run-
way approach zone expands outward uniformly to a width of i6,000 feet at a horizontal
distance of 50,000 feet from the primary surface. Its centerline is the continuation of
the centerline of the runway.
Nonprecision Instrument Runway Approach Zone (AO -AN)
The inner edge of non -precision instrument runway approach zone coincides with the
width of the primary surface and is 500 feet in width. The nonprecision instrument run-
way approach zone expands outward uniformly to a width of 3,500 feet at a horizontal
distance of io,000 feet from the primary surface. Its centerline is the continuation of
the centerline of the runway.
3. Transitional Zones (AO-T)
The transitional zones are the areas beneath the transitional surfaces.
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Article 15 1 Overlay Districts
Section 15.020 1 AO, Airport Overlay
4. Horizontal Zone (AO-H)
The horizontal zone is established by swinging arcs of io,000 feet radii from the center
of each end of the primary surface of each runway and connecting the adjacent arcs by
drawing lines tangent to those arcs. The horizontal zone does not include the approach
and transitional zones.
Conical Zone (AO-C)
The conical zone is established as the area that commences at the periphery of the hori-
zontal zone and extends outward from the periphery for a horizontal distance of 4,000
feet.
15.020-D Airport Zone Height Limitations
The maximum height limitations established in this section apply to all structures and trees,
provided that any tree is allowed to be up to ioo feet in height, as measured from the high-
est surface of the land below the tree's drip line.
1. Precision Instrument Runway Approach Zone (AO -AP)
The maximum height plane slopes 50 feet horizontally for each foot vertically, begin-
ning at the end of and at the same elevation as the primary surface and extending to a
horizontal distance of io,000 feet along the extended runway centerline. After that
point, the maximum height plane slopes upward 40 feet horizontally for each foot verti-
cally, to an additional horizontal distance of 40,000 feet along the extended runway
centerline.
2. Nonprecision Instrument Runway Approach Zone (AO -AN)
The maximum height plane slopes 34 feet horizontally for each foot vertically begin-
ning at the end of the horizontal distance of io,000 feet along the extended runway
centerline.
Transitional Zones (AO-T)
The maximum height plane slopes 7 feet horizontally outward for each foot vertically
beginning at the sides of and at the same elevation as the primary surface, and extend-
ing to a height of i50 feet above the airport elevation (or 829 feet above mean sea
level). In addition, there are established height limits sloping 7 feet horizontally for each
foot vertically beginning at the sides of and the same elevation as the approach surface,
and extending to where they intersect the conical surface. Where the precision instru-
ment runway approach zone projects beyond the conical zone, there are established
height limits sloping 7 feet horizontally for each foot vertically beginning at the side of
and the same elevation as the approach surface, and extending a horizontal distance of
5,000 feet measured at go degree angles to the extended runway centerline.
4. Horizontal Zone (AO-H)
The maximum height limit is established at i50 feet above the airport elevation or at a
height of 829 feet above mean sea level.
5. Conical Zone (AO-C)
The maximum height plane slopes 20 feet horizontally for each foot vertically begin-
ning at the periphery of the horizontal zone and at i50 feet above the airport elevation
and extending to a height of 350 feet above the airport elevation or at a height of i,029
feet above mean sea level.
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Article 15 1 Overlay Districts
Section 15.020 1 AO, Airport Overlay
15.020-E Use Restrictions
Notwithstanding any other provisions of this ordinance, no use may be made of land orwa-
terwithin any airport zones within the AO district in such a manner as to create electrical
interference with navigational signals or radio communication between the airport and air-
craft, make it difficult for pilots to distinguish between airport lights and others, result in
glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, cre-
ate bird strike hazards, or otherwise in any way endanger or interfere with the landing,
takeoff, or maneuvering of aircraft intending to use the airport.
15.020-F Nonconforming Uses
1. The AO overlay district regulations do not require the removal, lowering, or other
change or alteration of any structure or tree that was lawfully established before Octo-
ber 20, 2003.
Wheneverthe administrator determines that a nonconforming tree or structure has
been abandoned or more than 6o%torn down, physically deteriorated or decayed, no
permit may be granted that would allow such structure ortree to exceed the applicable
height limit or otherwise violate the AO district regulations of this section.
Notwithstanding the provisions of g_i�_ozo=Fithe owner of any nonconforming struc-
ture ortree may be required to permitthe installation, operation and maintenance of
markers and lights as deemed necessary bythe Monroe Regional Airport Authority to
indicate to the operators of aircraft in the vicinity of the airport the presence of such
airport obstruction. Such markers and lights must be installed, operated and main-
tained at the expense of the Monroe Regional Airport Authority.
15.020-G Permits
1. Future Uses
Except as expressly stated, no material change may be made in the use of land, no
structure may be erected or otherwise established, and no tree may be planted in any
AO district airport zone unless a permit has been applied for and approved by the ad-
ministrator. Each application for a permit must indicate the purpose for which the per-
mit is desired, with sufficient information to allow a determination of whetherthe re-
sulting use, structure ortree would conform to the AO district regulations of this sec-
tion. If such determination is in the affirmative, the permit must be granted. No permit
for a use inconsistent with the AO district regulations may be granted unless a variance
has been approved.
2. Exemptions
a. In the area lying within the limits of the horizontal zone and conical zone, no permit
is required for any tree or structure less than ioo feet in height above the ground
except when, because of terrain, land contour, or topographic features, such tree or
structure would extend above the height limits prescribed for such zones.
b. In areas lying within the limits of the approach zones, but at a horizontal distance of
not less than 4,200 feet from each end of the runway, no permit is required for any
tree or structure less than ioo feet in height above the ground, except when such
tree or structure would extend above the height limits prescribed for such approach
zones.
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Article 15 1 Overlay Districts
Section 1.5.030 1 Water Supply Watershed Overlays
c. In areas lying within the limits of the transition zones beyond the perimeter of the
horizontal zone, no permit is required for any tree or structure less than ioo feet in
height above the ground, except when, such tree or structure, because of terrain,
land contour, ortopographic features, would extend above the height limits pre-
scribed for such transition zones.
d. Nothing contained in any of the foregoing permit exemptions is intended to permit
any construction or alteration of any structure in excess of any of the height limits
established by this ordinance.
3. Existing Uses
No permit may be granted that would allow the establishment or creation of an ob-
struction or permit a nonconforming use, structure, ortree to become greater hazard to
air navigation than it was on October 20, 2003 orthat it is when the application for a
permit is made.
15.02o-H Variances
1. In orderto approve a variance from the regulations of this section, the board of adjust-
ment must find that a literal application or enforcement of the regulations will result in
unnecessary hardship and relief, if granted, will not be contrary to the public interest,
will not create hazard to air navigation, will do substantial justice and will be in accord-
ance with the spirit of this ordinance.
2. The application for a variance must accompanied by a determination from the Federal
Aviation Administration as to the effect of the proposal on the operation of air naviga-
tion facilities and the safe, efficient use of navigable airspace.
3. Additionally, no application for a variance may be considered bythe board of adjust-
ment unless a copy of the application has been furnished to the director of the Monroe
Regional Airport for advice as to the aeronautical effects of the requested variance. If
the airport director does not respond within 3o days after receipt, the board of adjust-
ment may act on its own to grant or deny the variance application.
4. Any permit or variance granted may, if such action is deemed advisable to effectuate
the purpose of this ordinance and be reasonable in circumstances, be so conditioned as
to require the owner of the structure ortree in question to install, operate, and main-
tain, at the owner's expense, such markings and lights as may be necessary. Such mark-
ings and lights will be at the expense of the Monroe Regional Airport Authority.
Section 15.030 Water Supply Watershed Overlays
15.03o-A General
1. Establishment of Watershed Overlay Districts
The following water supply watershed overlay districts have been established:
a. T-CA, Lake Twitty Critical Area
b. T-BW, Lake Twitty Balance of Watershed
c. L-CA, Lake Lee Critical Area
d. L-PA, Lake Lee Protected Area
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Article 15 1 Overlay Districts
Section 15.0301 Water Supply Watershed Overlays
2. Effective Date
The water supply watershed overlay district regulations of this section were adopted on
December 6, 1993 and became effective on December 31, 1993.
3. Jurisdiction and Applicability
The water supply watershed overlay district regulations of this section apply within ar-
eas designated as water supply watershed overlay districts by the North Carolina Envi-
ronmental Management Commission, as further identified on the zoning map.
4. Exemptions
a. Existing development is not subject to the water supply watershed overlay district
regulations of this section. For the purposes of this exemption provision, "existing
development" means development in existence on or before December 31,1993 or
on or before December 31,1993 for which construction had begun on or before De-
cember 31, 1993 and projects that have established a vested right under North Car-
olina law as of December 31,1993 based on at least one of the following criteria:
(i) having expended substantial resources (time, labor, money) based on a good
faith reliance upon a valid approval to proceed with the project;
(2) having an outstanding valid building permit; or
(3) having expended substantial resources (time, labor, money) and having an ap-
proved plan that qualifies as a site -specific development plan under NCGS
153A-344.1(b)(5) and is designated as such in accordance with the requirements
of this ordinance.
b. Expansions to structures classified as existing development must comply with the
water supply watershed overlay district regulations of this section, but the built -
upon area of the existing development is not required to be included in the density
calculations. Any existing building or built -upon area not in conformance with the
water supply watershed overlay district regulations of this section that has been
damaged or removed may be repaired and/or reconstructed, but the total amount
of space devoted to built -upon area may not be increased unless stormwater con-
trol that equals or exceeds the previous development is provided. There are no re-
strictions on single-family residential redevelopment.
c. An existing lot owned by an individual before December3-1, 1993, regardless of
whether or not a vested right has been established, may be developed for single-
family residential purposes without being subject to the water supply watershed
overlay district regulations of this section. However, this exemption is not applica-
ble to multiple contiguous lots under single ownership. Whenever z or more contig-
uous residential vacant lots of record are in single ownership at anytime after De-
cember 31, 1993 and such lots individually have less area than the minimum re-
quirements forthe residential purposes forthe watershed area in which such lots
are located, such lots must be combined to create one or more lots that meet the
water supply watershed overlay district regulations of this section, or if that is im-
possible, reduce the nonconformity of the lots to the maximum extent that is possi-
ble.
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Article 15 1 Overlay Districts
Section 1.5.030 1 Water Supply Watershed Overlays
5. Threats to Public Health
No activity, situation, structure or land use is allowed within a water supply water-
shed overlay district that poses a threat to water quality and the public health,
safety and welfare. Such conditions may arise from inadequate on -site sewage sys-
tems that utilize ground absorption; inadequate sedimentation and 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
fortoxic and hazardous substances, the improper management of stormwater run-
off; or any other situation found to pose a threat to water quality.
b. All uses involving the possession, storage, maintenance, or use of any quantity of
any hazardous substance is prohibited on any lot located within the boundaries of a
water supply watershed overlay district.
(i) The prohibitions on hazardous substances established in gi5_o3o _AS,b do not
apply to the following:
(a) Gasoline, kerosene, diesel fuel, and other petroleum products when such
products are held solely for the purpose of on -premises sales to retail cus-
tomers; however, storage tanks for such products must be emptied no
laterthan 6o days after sale of the products stored is discontinued,-
(b) Hazardous substances contained in consumer products packaged and held
for retail sale to the general public; and
(c) Hazardous substances contained in commercial products used forjanitorial
or maintenance purposes on the premises where stored.
(2) The prohibitions on hazardous substances established in gi5:o3o=A�,b do not
apply to the possession, storage, maintenance or use of hazardous substances
if and to the extent that the person in charge of such possession, storage,
maintenance, or use is in possession of a currently valid "Hazardous Substances
Authorization Certificate," issued by the administrator, covering such hazard-
ous substances.
(a) An application for a Hazardous Substances Authorization Certificate must
be filed on forms supplied by the county and contain the information re-
quested on such forms. All hazardous substances stored, manufactured, or
used on the premises must be listed according to the American Chemical
Society standard nomenclature, and all such substances must be described
in terms of quantity, form, solubility, and the manner in which such sub-
stances are stored, used, transported, and disposed of.
(b) A Hazardous Substances Authorization Certificate must be issued by the
county if the applicant demonstrates to the reasonable satisfaction of the
administrator that, considering the quantity, form and solubility of the haz-
ardous substances and the manner in which they are stored, used, trans-
ported, and disposed of, as well as other relevant factors, there is little dan-
ger of any substantially adverse impact on the watershed environment or
the community water supply. A certificate may be issued regarding some
but not other hazardous substances.
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Article 15 1 Overlay Districts
Section 1.5.0301 Water Supply Watershed Overlays
(c) A Hazardous Substances Authorization Certificate is valid for a period of
one year from the date of issuance and must be renewed upon or before its
expiration.
6. Variances
[§15.030-A6 ["variances"] added 11.03.2014]
Applications to vary from any of the water supply watershed overlay regulations of this
section (Section i oho) require review and approval by the board of adjustment pursu-
ant to the procedures of Section 8o:i2-0.. The following additional variance provisions
also apply within water supply watershed overlays.
a. A variance maybe granted by the board of adjustment if the board of adjustment
concludes as follows:
(i) the application for a variance requests the relaxation of any management re-
quirement that takes the form of a numerical standard by a factor of less than
io%; and
(2) the variance, if granted, will not result in a serious threat to the water supply.
b. If the application for variance requests relaxation of any management requirement
that takes the form of a numerical standard by a factor of more than io%, the
Board of Adjustment must take one of the following actions:
(i) Deny the variance request; or
(2) Referthe application fora variance to the North Carolina Environmental Man-
agement Commission with a request that the Environmental Management
Commission approve the variance. Upon referral to the Environmental Man-
agement Commission, the board of adjustment must forward a preliminary
record of the public hearing compiled by the administrator. This preliminary
record must include the following:
(a) The variance application;
(b) Evidence that proper notification of the board of adjustment public hearing
has been made,-
(c) A summary of evidence presented, including comments submitted from
other local governments or major water consumers within the same water-
shed jurisdiction.
(d) Proposed findings and conclusions; and
(e) The board of adjustment's recommendation, including all recommended
conditions of approval, if any.
c. If the Environmental Management Commission approves the variance, the admin-
istrator must send the decision to the applicant upon receipt of the decision from
the Environmental Management Commission, stating that the variance was ap-
proved. The approval, with any additional conditions or safeguards, must be in-
cluded in any zoning permit issued by the administrator.
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Article 15 1 Overlay Districts
Section 1.5.0301 Water Supply Watershed Overlays
d. If the board of adjustment denies a variance involving property within a water sup-
ply watershed overlay, then the application is not forwarded to the Environmental
Management Commission. The administrator must send written notice of the de-
nial to the applicant.
e. Application for a zoning permit must be made within one year of receiving variance
approval within a water supply watershed overlay.
Prior to consideration of any application for a variance, the board of adjustment
must notify and allow a reasonable comment period for all other local governments
having jurisdiction within the watershed area and the entity using the water supply
for consumption.
7. Subdivisions
[§15.030-A7 ["subdivisions"] added 11.03.2014]
a. No subdivision of land that is located within a water supply watershed overlay dis-
trict may be filed or recorded by the register of deeds office until it has been ap-
proved in accordance with the provisions of this section. Likewise, the clerk of su-
perior court may not order or direct the recording of a plat if the recording of such
plat would be in conflict with this section.
All subdivisions of land must have a statement signed by the planning director
indicating whether or not subdivision lies within a designated water supply
watershed. This statement must take one of the following forms, as appropriate:
The (name of subdivision) Subdivision, to the best of my knowledge,
does not lie within a Water Supply Watershed designated by the
North Carolina Division of Environmental Management.
Date Planning Director
Lots (fill in appropriate lot numbers) of the (name of subdivision) Sub-
division, to the best of my knowledge, lie within the (classification of
watershed) of (name of body of water), as designated by the North
Carolina Division of Environmental Management. Lots (fill in appro-
priate lot numbers) of the (name of subdivision) do not lie within a
wa-ter supply watershed.
Date Planning Director
All lots within the (name of subdivision), to the best of my knowledge,
lie within the (classification of watershed) of (name of body of water),
as designated by the North Carolina Division of Environmental Man-
agement.
Date Planning Director
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Article 15 1 Overlay Districts
Section 1.5.0301 Water Supply Watershed Overlays
15.03o-B T-CA, Lake Twitty Watershed Areas —Critical Area
1. Allowed Uses
The following uses are allowed within the T-CA water supply watershed overlay district:
Bona fide farms, except as otherwise limited by applicable state or federal agen-
cies. Agricultural activities conducted after January i, '993 must maintain a mini-
mum io- foot vegetative buffer, or equivalent control as determined and enforced
bythe Soil and Water Conservation Commission, along all perennial waters indi-
cated on the most recent versions of U.S.G.S. i:24,000 (7.5 minute) scale topo-
graphic maps or as determined by local government studies.
Figure 15-1: Required Vegetative Bufferfor Agricultural Activities (T-CA)
b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality ('5 NCAC i1.6ioi-.02og) as regulated by state and federal agencies.
c. Residential development.
Nonresidential development, expressly excluding: i) the storage of toxic and haz-
ardous substances unless a spill containment plan is implemented, 2) landfills, and
3) sites for land application of sludge/residuals or petroleum contaminated soils.
(See also Union County's Land Forming Ordinance.) New industrial development is
required to incorporate adequately designed, constructed and maintained spill con-
tainment structures if hazardous substances are either used, stored or manufac-
tured on the premises.
Density and Built -upon Limits
The following density and built -upon limits apply within the T-CA water supply water-
shed overlay district:
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Article 15 1 Overlay Districts
Section 1.5.0301 Water Supply Watershed Overlays
Single-family residential development may not exceed a density of one dwelling
unit per 40,000 square feet, on a project -by -project basis. No residential lot may be
less than 40,000 square feet in area, except within an approved cluster develop-
ment. [Note: Single Family Residential development may satisfy eitherthe density
limit of this paragraph orthe 12% built -upon limit established in the following para-
graph, b].
b. All other residential and nonresidential development is subject to a maximum 12%
built -upon area limit, on a project -by -project basis. Forthe purpose of calculating
built -upon area, total project area includes the total acreage of the tract on which
the project is to be developed.
3.5.03o-C T-BW, Lake Twitty Watershed Area —Balance of Watershed
i. Allowed Uses
The following uses are allowed within the T-BW water supply watershed overlay dis-
trict:
a. Bona fide farms, except as otherwise limited by applicable state or federal agen-
cies.
b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (i5 NCAC i1.6ioi-.02og) as regulated by state and federal agencies.
c. Residential development.
d. Nonresidential development, expressly excluding discharging landfills and the stor-
age of toxic and hazardous substances unless a spill containment plan is imple-
mented. Non -discharging landfills and sludge application sites are allowed.
Density and Built -upon Limits
The following density and built -upon limits apply within the T-BW water supply water-
shed overlay district:
Single-family residential development may not exceed a density of z dwelling units
per 40,000 square feet, on a project -by -project basis. No residential lot may be less
than 20,000 square feet in area, except within an approved cluster development.
[Note: Single Family Residential development may satisfy either the density limit
of this paragraph or the 24% built -upon limit established in the following para-
graph, b].
b. All other residential and nonresidential development is subjectto a maximum 24%
built -upon area limit, on a project -by -project basis, except that up to Zo% of the
balance of the watershed may be developed for nonresidential uses to 7o% built -
upon area (on a project -by -project basis), which will be allocated on a first -come -
first -serve basis. Forthe purpose of calculating built -upon area, total project area
includes the total acreage of the tract on which the project is to be developed.
c. Projects must minimize built -upon surface area, direct stormwater away from sur-
face waters and incorporate Best Management Practices used to meet the require-
ments of i5A NCAC 02H .10i7 to minimize water quality impacts. §15.030-c2.c
amended 11.03.2014
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Article 15 1 Overlay Districts
Section 1.5.0301 Water Supply Watershed Overlays
15.03o-D L-CA, Lake Lee Watershed Area —Critical Area
1. Applicability
Only new development activities that require an erosion/sedimentation control plan
understate law or approved local program are subject to the L-CA regulations of this
section.
2. Allowed Uses
The following uses are allowed within the L-CA water supply watershed overlay district:
a. Bona fide farms, except as otherwise limited by applicable state or federal agen-
cies.
b. Silviculture, subjectto the provisions of the Forest Practices Guidelines Related to
Water Quality (i5 NCAC i1.6ioi-.02og) as regulated by state and federal agencies.
c. Residential development.
d. Nonresidential development, expressly excluding i) the storage of toxic and haz-
ardous substances unless a spill containment plan is implemented, 2) landfills and
3) sites for land application of sludge/residuals or petroleum contaminated soils.
New sludge application sites and landfills are expressly prohibited. (See also Union
County Land Forming Ordinance.)
3. Density and Built -upon Limits
The following density and built -upon limits apply within the L-CA water supply water-
shed overlay district:
Single-family residential development may not exceed a density of z dwelling units
per 40,000 square feet, on a project -by -project basis. No residential lot may be less
than 20,000 square feet in area, except within an approved cluster development.
[Note: Single Family Residential development may satisfy eitherthe density limit
of this paragraph orthe 24% built -upon limit established in the following paragraph
b].
b. All other residential and nonresidential development is subject to a maximum 24%
built -upon area limit, on a project -by -project basis. Forthe purpose of calculating
built -upon area, total project area includes the total acreage of the tract on which
the project is to be developed.
15.03o-E L-PA, Lake Lee Watershed Area —Protected Area
1. Only new development activities that require an erosion/sedimentation control plan
understate law or approved local program are subject to the L-PA regulations of this
section.
2. Uses Allowed
The following uses are allowed within the L-PA water supply watershed overlay district:
a. Bona fide farms, except as otherwise limited by applicable state or federal agen-
cies.
b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (i5 NCAC i1.6ioi-.02og) as regulated by state and federal agencies.
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Article 15 1 Overlay Districts
Section 1.5.0301 Water Supply Watershed Overlays
c. Residential development.
d. Nonresidential development, expressly excluding the storage of toxic and hazard-
ous substances unless a spill containment plan is implemented.
Density and Built -upon Limits
The following density and built -upon limits apply within the L-PA water supply water-
shed overlay district:
Single-family residential development may not exceed a density of z dwelling units
per 40,000 square feet, on a project -by -project basis. No residential lot may be less
than 20,000 square feet in area or one-third (1/3) acre for projects without curb and
gutter system, except within an approved cluster development. [Note: Single Fam-
ily Residential development may satisfy eitherthe density limit of this paragraph or
the 24% built -upon limit established in the following paragraph, b].
b. All other residential and nonresidential development is subjectto a maximum 24%
built -upon area limit, on a project -by -project basis. For projects without a curb and
gutter street system, development may not exceed 36% built -upon area, on a pro-
ject -by -project basis. Forthe purpose of calculating built -upon area, total project
area includes the total acreage of the tract on which the project is to be developed.
15.03o-F Cluster Development
Cluster development is allowed in all water supply watershed overlay districts subject to
45:030. C and the following regulations:
1. Built -upon area or stormwater control requirements of the project may not exceed the
maximums established by the water supply watershed overlay district regulations of
this section.
2. All built -upon areas must be designed and located to minimize stormwater runoff im-
pact to the receiving waters and minimize concentrated stormwaterflow by incorporat-
ing Best Management Practices used to meet the requirements of i5A NCAC 02H .10i7.
[§15.030-F2 amended 11.03.2014]
3. The remainder of the tract must remain in a vegetated or natural state. If the develop-
ment has an incorporated property owners' association, the title of the open space area
must be conveyed to the association for management. Where a property owners' asso-
ciation is not incorporated, a maintenance agreement must be filed with the property
deeds.
15.03o-G Riparian Buffers
Within water supply watershed overlay districts, vegetative buffers with a minimum
width of 30 feet must be preserved along all perennial waters indicated on the most re-
cent versions of U.S.G.S. i:24,000 (7.5 minute) scale topographic maps as determined
by local government studies. Stream bank or shoreline stabilization is permitted within
such buffers.
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Article 15 1 Overlay Districts
Section 3.5.040 1 M, Mining Overlay
Figure 15-2: Water Supply Overlay Riparian (Vegetative) Buffer
2. No new development is allowed in required riparian buffers except forwater-depend-
ent structures and public projects such as street crossings and greenways where no
practical alternative exists. These activities must minimize built -upon surface area, di-
rect runoff away from the surface waters and maximize use of stormwater best man-
agement practices.
Section 15.040 M, Mining Overlay
15.040-A General
1. Noland maybe classified in a mining overlay district after October 6, 20i4.
2. All mining and extraction uses within an existing mining overlay district are subject to
the regulations of Section 39,i49.
Section 15.o5o Planned Unit Development Overlay (Legacy District)
15.050-A General
No land may be classified in a planned unit development overlay district after October 6,
20i4. Planned unit development districts established on or before October 6, 20i4 are gov-
erned by terms of the approved PUD permit and the regulations of this section.
15.o50-B PUD Types and Elements
1. One element of each PUD district must be the medium density residential element.
Here there are two possibilities, each one corresponding either to the R-20 or R-io resi-
dential districts. Within that portion of the PUD district that is developed for medium
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Article 1.5 1 Overlay Districts
Section 15.050 1 Planned Unit Development Overlay (Legacy District)
density residential purposes, all development must be in accordance with the regula-
tions applicable to the medium density residential district to which the particular PUD
zoning district corresponds.
2. A second element of each PUD district must be the higher density residential element.
Here there are two possibilities, each one corresponding either to the R-8 or R-6 zoning
districts. Within that portion of the PUD district that is developed for higher density res-
idential purposes, all development must be in accordance with the regulations applica-
ble to the higher density residential district to which the PUD district corresponds.
3. Athird element of each PUD district must be the commercial element. Here there are
two possibilities, each one corresponding eitherto the B-z or B-3 commercial district.
Within that portion of a PUD district that is developed for purposes permissible in a
commercial district, all development must be in accordance with the regulations appli-
cable to the commercial district to which the PUD district corresponds.
4. A manufacturing/processing element is an optional fourth element of any PUD district.
Here there are two alternatives. The first is that uses permitted within the LI district
would be permitted within the PUD district. The second alternative is that uses permit-
ted only within the LI or HI zoning districts would not be permitted. If an LI element is
included, then within that portion of the PUD district that is developed for purposes
permissible in an LI district, all development must be in accordance with the regulations
applicable to the LI district.
3.5.o50-C Minimum Area
No area of less than 25 contiguous acres may be zoned as a PUD district, and then only
upon the request of the owner or owners of all the property intended to be covered by the
PUD district classification.
15.050-D Regulations
In a planned unit development, the developer may make use of the land for any pur-
pose authorized in a particular PUD zoning district in which the land is located, subject
to the provisions of this ordinance.
Within any lot developed as a planned unit development, not more than 35% of the to-
tal district area may be developed for higher density residential purposes (R-8 or R-6, as
applicable), not more than io%of the total district area may be developed uses allowed
in a B-z or B-3 zoning district (whichever corresponds to the PUD zoning district in
question), and not more than 5% of the total PUD district area may be developed for
uses allowed in the LI zoning district (assuming the PUD zoning district expressly allows
such uses).
The plans forthe proposed planned unit development must indicate the particular por-
tions of the district that the developer intends to develop for higher density residential
purposes, lower density residential purposes, commercial purposes (as applicable), and
industrial purposes. For purposes of determining the substantive regulations that apply
to the planned unit development, each portion of the PUD district so designated must
then be treated as if it were a separate district
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Article 1.5 1 Overlay Districts
Section 15.0501 Planned Unit Development Overlay (Legacy District)
4. A planned unit development permit may be approved showing one or more portions of
the tract as reserved for future development of a specified type (e.g., residential, com-
mercial, or manufacturing). No construction of any land may take place within areas
designed as reserved areas until an amendment to the approved PUD district has been
approved by Board of Commissioners in accordance with the zoning map amendment
procedures of Section 80,040.
The nonresidential portions of any planned unit development may be occupied only in
accordance with a schedule approved at the time of approval of the PUD or any amend-
ment to the PUD. The schedule must relate occupancy of nonresidential portions of the
PUD to the completion of a specified percentage or specified number of phases or sec-
tions of the residential portions of the development. The purpose and intent of this pro-
vision is to ensure that the planned unit development procedure is not used, intention-
ally or unintentionally, to create nonresidential uses in areas generally zoned for resi-
dential uses except as part of an integrated and well -planned mixed -use development.
In approving a proposed schedule, the authorized decision -making body may consider,
among otherfactors, the number of dwelling units proposed forthe residential portion
of the PUD, the nature and scope of the nonresidential portions of the PUD, the physi-
cal relationship of the nonresidential components of the PUD to neighboring properties
not within the PUD, and whetherthe nonresidential uses are to be located within pre-
existing buildings or new construction.
Effective October 6, 2014 page 15-17 Amendments through o8.o6.2oi8