NC - Rowan: ROWAN COUNTY COMMISSION AGENDA

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ROWAN COUNTY COMMISSION AGENDA

ROWAN COUNTY COMMISSION AGENDA August 19, 2019 - 6:00 PM

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Tagged Passions:boards and commissions

J.
Newton Cohen, Sr. Room J. Newton Cohen, Sr. Rowan County Administration Building

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130 West Innes Street, Salisbury, NC 28144

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Tagged Passions:streets and hotel

Call to Order

Invocation Provided By: Chaplain Michael Taylor

Pledge of Allegiance

Consider Additions to the Agenda Consider Deletions From the Agenda Consider Approval of the Agenda Board members are asked to voluntarily inform the Board if any matter on the agenda might present a conflict of interest or might require the member to be excused from voting.
Tagged Passions:voting

1
Consider Approval of Consent Agenda

A.
Library Card Sign Up Month Proclamation B. Task Order 14 Julian Road Convenience Center Additional Building

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Tagged Passions:recognition, streets, and library

Improvements C. Airport Conference Room Fee Schedule D. FY2021 Transportation Grant Applications Public Hearing Request E. 4-H NRA Grant for Shooting Sports Program F. Tax Refunds for Approval G. FY2019 Local Justice Assistance Grant Application Request H. Waive Term Limits for Fire Commissioner for Enochville VFD I. Omni Visions Contract J. American Children's Home Contract K. NCDOT CTP 5311 Grant Agreement L. Set Public Hearing for ZTA STA 01-19 for September 3, 2019

M. Purchase Requisition for Northwoods Software Support N. Purchase of Landfill Compactor for Environmental Management

Tagged Passions:gun control, grant, airport, strategic, landfill, taxes, Taxes, solid waste, contract, fire departments and districts, transportation, program, environment, purchasing, hearing, Gun Control, information technology, sports, term limits, and Information Technology

2
Special Recognition

Tagged Passions:recognition

A.
Storm Ready Designation

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3
Public Comment Period

4
Public Hearing Request for Revised Incentive Agreement - Project Special 5 Public Hearing Incentive Request - Empire Hotel Project 6 Public Hearing for Z 06-19 7 Public Hearing: STA 01-14 and ZTA 04-18 8 Quasi-judicial Hearing for CUP 01-19: Faulk Foster for Verizon Wireless 9 Quasi-judicial Hearing for CUP 02-19: Saw Solar LLC 10 West Branch Library Project 11 Financial Report 12 Budget Amendments

13
Adjournment

Citizens with disabilities requiring special needs to access the services or public meetings of Rowan County Government should contact the County Manager's Office three days prior to the meeting by calling (704) 216-8180.

Tagged Passions:services, administrator, and manager

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

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130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

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Tagged Passions:streets and hotel

MEMO TO COMMISSIONERS:

FROM: DATE: SUBJECT: Provided By: Chaplain Michael Taylor

ATTACHMENTS: Description Upload Date Type No Attachments Available

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

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130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

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Tagged Passions:streets and hotel

MEMO TO COMMISSIONERS:

FROM: Melissa Oleen DATE: 07/30/2019 SUBJECT: Library Card Sign Up Month Proclamation
Tagged Passions:recognition and library

September is National Library Card Sign-Up Month. The library respectfully requests the Board of Commissioners proclaim September 2019 as Library Card Sign-Up Month in Rowan County.

Tagged Passions:library

ATTACHMENTS: Description Upload Date Type Library Card Sign-Up Month Proclamation 7/30/2019 Cover Memo

PROCLAMATION LIBRARY CARD SIGN-UP MONTH 2019 WHEREAS, a library card is the most important tool an individual can have;
Tagged Passions:recognition and library

WHEREAS, signing up for a library card is the first step towards academic achievement

and lifelong learning; WHEREAS, libraries play an important role in the education and development of children; WHEREAS, library programs serve Rowan County residents of all ages, from newborns to senior citizens; WHEREAS, librarians lead the way in creating inclusive spaces and developing diverse collections for children and people of all backgrounds to connect and learn together; WHEREAS, libraries bridge the digital divide by providing a full range of information and services to children and adult learners; WHEREAS, libraries continue to transform and expand their services in ways that meet the needs of the communities they serve; WHEREAS, libraries open a world of infinite possibilities through resources and services

Tagged Passions:development, seniors, services, program, Development, education, digital divide, and library

to help people pursue their passions and give students the tools to succeed in school

Tagged Passions:education and students

and beyond; and

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WHEREAS, libraries have served the citizens of Rowan County for over a century;

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Tagged Passions:library

THEREFORE, be it resolved that the Rowan County Board of Commissioners does hereby

proclaim September 2019 as Library Card Sign-up Month in Rowan County, North Carolina and encourages everyone to sign up for their own library card today. This the 19th day of August, 2019. ______________________________

Tagged Passions:library

Gregory C. Edds, Chairman

ATTEST: _____________________________

Carolyn Barger, MMC, NCMCC

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Clerk to the Board

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

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130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

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Tagged Passions:streets and hotel

MEMO TO COMMISSIONERS:

FROM: County Manager Aaron Church DATE: August 1, 2019 SUBJECT: Task Order 14 Julian Road Convenience Center Additional Building Improvements Task Order 14 Julian Road Convenience Center Additional Building Improvements
Tagged Passions:streets, church, administrator, and manager

ATTACHMENTS: Description Upload Date Type Task Order No. 14 8/1/2019 Cover Memo

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

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130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

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Tagged Passions:streets and hotel

MEMO TO COMMISSIONERS:

FROM: Kevin Davis DATE: 8/2/2019 SUBJECT: Airport Conference Room Fee Schedule This is a new set of fees to use the Airport s conference room. These fees were generated and approved by the Airport Advisory Board.
Tagged Passions:airport

ATTACHMENTS: Description Upload Date Type Airport Conference Room Fee Schedule 8/2/2019 Cover Memo

Airport Conference Room Fee Schedule One Hour Rental 25 Half Day Rental 50 (4 Hours) Full Day Rental 100 (8 hours)
Tagged Passions:airport and rental

Exemptions: The Airport Director has the right to wave the fees at his/her discretion in accordance with airport regulations. The following groups are also exempt from paying fees:

Transient Covered by Handling Fee Based Customers Commercial/FBO Agreement Aviation Oriented Non-Profit s Government Entities
Tagged Passions:regulation, airport, and commercial

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

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130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

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Tagged Passions:streets and hotel

MEMO TO COMMISSIONERS:

FROM: Franklin D. Barnes DATE: August 6, 2019 SUBJECT: FY2021 Transportation Grant Applications Public Hearing Request FROM: Franklin Barnes, RTS Director
Tagged Passions:grant, transportation, and hearing

Subject: Requesting Public Hearing

FY 21 - 5311 Community Transportation Grant [CTP] FY 21 - 5310 Elderly and Disabled Transportation Assistance Program Grant (Rural) FY 21 - 5307 Transportation Program Grant FY 21 - Combined Capital Grant FY 21 - 5310 Elderly and Disabled Transportation Assistance Program Grant (Urban) The North Carolina Public Transportation Division is now accepting Transportation Program applications for fiscal year 2021. The BOC is the only official applicant for these funds and in that capacity Rowan County is required to hold a Public Hearing prior to the application deadline of October 4, 2019.
Tagged Passions:funding, grant, rural, disability, transportation, program, and hearing

5311 - Community Transportation Program [CTP] application will secure 85 grant support for RTS administrative costs. In conjunction with submitting these budgets Rowan County must also execute agreements on multiple Federal and State certifications and assurances.

Tagged Passions:grant, budget, transportation, and program

5310 (State / Rural) Enhanced Mobility of Seniors and Individuals with Disabilities Program Application will provide rural operating funds in support of increased demands for Dialysis transportation and continued service to Rowan Vocational Opportunities and Trinity Living Center. No county match.

Tagged Passions:funding, rural, vocational education, seniors, transportation, and program

5310 (Federal / Urban) Enhanced Mobility of Seniors and Individuals with Disabilities Program Application will provided urban operating funds in support of increased demands for Dialysis transportation and continued service to Rowan Vocational Opportunities and Trinity Living Center. No county match.

No additional detail provided

Tagged Passions:funding, vocational education, seniors, transportation, and program

5307 Urbanized Area Formula Program: Application will provide operating funds for the Rowan Express. No county match

Combined Capital (Federal Section 5311, 5311 Appalachian, 5307, 5339) application will secure 90 grant support for Vehicles utilized in the rural and urban areas. In conjunction with submitting these budgets Rowan County must also execute agreements on multiple Federal and State certifications and assurances. The purpose of the public hearing is to allow residents of the community the opportunity to comment on Rowan County transportation needs and grant applications. This step requires the Board to publish a public notice in the newspaper that gives the date, time, and place for a public hearing. It is a requirement that the Public Hearing Notice provide a minimum of seven (7) calendar days notice and a maximum of fourteen (14) calendar days notice between the time the notice is published and the actual public hearing date. ACTION STEP: This is a request for the BOC to hold a Public Hearing on the FY 2021 Transportation applications at the September 16, 2019 board meeting. I am prepared to discuss each application in greater detail at that time and answer any questions.
Tagged Passions:funding, grant, rural, budget, transportation, program, and hearing

ATTACHMENTS: Description Upload Date Type BOC Memo Requesting Public Hearing for FY2021 Transportation Grant Applications 8/6/2019 Cover Memo

FROM: Franklin Barnes, RTS Director
Tagged Passions:grant, transportation, and hearing

Subject: Requesting Public Hearing

FY 21 - 5311 Community Transportation Grant [CTP] FY 21 - 5310 Elderly and Disabled Transportation Assistance Program Grant (Rural) FY 21 - 5307 Transportation Program Grant FY 21 - Combined Capital Grant FY 21 - 5310 Elderly and Disabled Transportation Assistance Program Grant (Urban) The North Carolina Public Transportation Division is now accepting Transportation Program applications for fiscal year 2021. The BOC is the only official applicant for these funds and in that capacity Rowan County is required to hold a Public Hearing prior to the application deadline of October 4, 2019.
Tagged Passions:funding, grant, rural, disability, transportation, program, and hearing

5311 - Community Transportation Program [CTP] application will secure 85 grant support for RTS administrative costs. In conjunction with submitting these budgets Rowan County must also execute agreements on multiple Federal and State certifications and assurances.

Tagged Passions:grant, budget, transportation, and program

5310 (State / Rural) Enhanced Mobility of Seniors and Individuals with Disabilities Program Application will provide rural operating funds in support of increased demands for Dialysis transportation and continued service to Rowan Vocational Opportunities and Trinity Living Center. No county match.

Tagged Passions:funding, rural, vocational education, seniors, transportation, and program

5310 (Federal / Urban) Enhanced Mobility of Seniors and Individuals with Disabilities Program Application will provided urban operating funds in support of increased demands for Dialysis transportation and continued service to Rowan Vocational Opportunities and Trinity Living Center. No county match.

No additional detail provided

Tagged Passions:funding, vocational education, seniors, transportation, and program

5307 Urbanized Area Formula Program: Application will provide operating funds for the Rowan Express. No county match

Combined Capital (Federal Section 5311, 5311 Appalachian, 5307, 5339) application will secure 90 grant support for Vehicles utilized in the rural and urban areas. In conjunction with submitting these budgets Rowan County must also execute agreements on multiple Federal and State certifications and assurances. The purpose of the public hearing is to allow residents of the community the opportunity to comment on Rowan County transportation needs and grant applications. This step requires the Board to publish a public notice in the newspaper that gives the date, time, and place for a public hearing. It is a requirement that the Public Hearing Notice provide a minimum of seven (7) calendar days notice and a maximum of fourteen (14) calendar days notice between the time the notice is published and the actual public hearing date. ACTION STEP: This is a request for the BOC to hold a Public Hearing on the FY 2021 Transportation applications at the September 16, 2019 board meeting. I am prepared to discuss each application in greater detail at that time and answer any questions.
Tagged Passions:funding, grant, rural, budget, transportation, program, and hearing

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

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130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

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Tagged Passions:streets and hotel

MEMO TO COMMISSIONERS:

FROM: Amy-Lynn Albertson DATE: 8/06/2019 SUBJECT: 4-H NRA Grant for Shooting Sports Program

The Cooperative Extension 4-H and Youth Development Program would like to apply for a grant from the NRA. This grant would not require any matching funds from Rowan County and would help the shooting sports team with equipment. If awarded the supplies would be valued at 3000.00. 4-H and Youth Development would also like to apply for grant from the Carolina Farm Credit Corporate Mission Fund. This grant would not require any matching funds from Rowan County and would be used for supplies and equipment for the Rowan County 4H shooting sports team. If awarded the supplies would be valued at 5,000.00

Tagged Passions:gun control, funding, grant, equipment, agriculture, development, program, Development, Gun Control, youth, and sports

ATTACHMENTS: Description Upload Date Type No Attachments Available

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

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130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

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Tagged Passions:streets and hotel

MEMO TO COMMISSIONERS:

FROM: Casey Robinson, Tax Collection Specialist DATE: August 8, 2019 SUBJECT: Tax Refunds for Approval
Tagged Passions:taxes and Taxes

ATTACHMENTS: Description Upload Date Type June 2019 VTS Refunds 8/8/2019 Cover Memo July 2019 Tax Refunds 8/8/2019 Cover Memo

Tagged Passions:taxes and Taxes

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

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130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

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Tagged Passions:streets and hotel

MEMO TO COMMISSIONERS:

FROM: Sheriff Kevin Auten DATE: 08-08-2019 SUBJECT: FY2019 Local Justice Assistance Grant Application Request

The Rowan County Sheriff's Office is eligible to receive 11,428 from the US Dept. of Justice via the FY2019 Local Justice Assistance Grant. This memo is a request to apply to receive the funding which will be used to purchase 7 Powerheart G5 AED's (Automated External Defibrillator). These devices will continue our efforts to put an AED in each patrol unit.
Tagged Passions:funding, grant, public safety, and purchasing

To approve request to apply. Funds do not require any matching funding at all.

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Tagged Passions:funding

ATTACHMENTS: Description Upload Date Type Memo requesting permission to apply for funding. 8/8/2019 Cover Memo

Tagged Passions:funding

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

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130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

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Tagged Passions:streets and hotel

MEMO TO COMMISSIONERS:

FROM: Carolyn Barger, Clerk to the Board DATE: August 8, 2019 SUBJECT: Waive Term Limits for Fire Commissioner for Enochville VFD
Tagged Passions:fire departments and districts and term limits

During regular session on August 5, 2019 the Board reappointed Kevin Joines as a Fire Commissioner to the Enochville Volunteer Fire Department (VFD).

The Board is also asked to waive the term limits of the Resolution that governs the board appointment process in order to allow Mr. Joines the extra term.
Tagged Passions:appointments, fire departments and districts, volunteer, and term limits

According to staff at the VFD, Enochville has had a hard time finding volunteers to serve in this capacity.

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Tagged Passions:fire departments and districts and volunteer

ATTACHMENTS: Description Upload Date Type No Attachments Available

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

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130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

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Tagged Passions:streets and hotel

MEMO TO COMMISSIONERS:

FROM: Finance Department DATE: August 9, 2019 SUBJECT: Omni Visions Contract

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Tagged Passions:finance, strategic, and contract

Please see the attached contract.

Tagged Passions:contract

Please approve the attached contract with Omni Visions, Inc. for foster care services.

Tagged Passions:strategic, contract, and services

ATTACHMENTS: Description Upload Date Type Omni Visions Foster Care Contract 8/9/2019 Cover Memo

Tagged Passions:strategic and contract

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

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130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

No additional detail provided

Tagged Passions:streets and hotel

MEMO TO COMMISSIONERS:

FROM: Finance Department DATE: 8/9/2019 SUBJECT: American Children's Home Contract

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Tagged Passions:finance and contract

Please see the attached contract.

Tagged Passions:contract

Please approve the attached contract with Junior Order United American Mechanics Children's Home dba American Children's Home for foster care services.

Tagged Passions:contract and services

ATTACHMENTS: Description Upload Date Type American Children's Home Contract 8/9/2019 Cover Memo

Tagged Passions:contract

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

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130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

No additional detail provided

Tagged Passions:streets and hotel

MEMO TO COMMISSIONERS:

FROM: Finance Department DATE: August 9, 2019 SUBJECT: NCDOT CTP 5311 Grant Agreement

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Tagged Passions:grant and finance

Please see the attached information.

Please approve the attached 5311 grant agreement with N.C. Department of Transportation for the FY 2020 Community Transportation Program (CTP).

Tagged Passions:grant, transportation, and program

ATTACHMENTS: Description Upload Date Type NCDOT Contract for Community Transportation Program 8/9/2019 Cover Memo

Tagged Passions:contract, transportation, and program

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

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130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

No additional detail provided

Tagged Passions:streets and hotel

MEMO TO COMMISSIONERS:

FROM: Shane Stewart, Assistant Planning Director DATE: August 9, 2019 SUBJECT: Set Public Hearing for ZTA STA 01-19 for September 3, 2019

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Tagged Passions:planning and hearing

Adoption of the Western (2009) and Eastern (2012) Area Land Use Plans established a series of land use recommendations serving as a guide to county boards, staff, and the general public in making future decisions. In addition to providing guidance, the plans include action items such as calls for additional studies and ordinance changes to address identified concerns. Recommendations regarding Highway, Rural, and Home-Based Business uses include qualifying language such as a encourage and consider with the more absolute should in its assessment. References include both specific changes for various aspects of development in certain zoning districts and a broad perspective in future district identification.

Staff also propose new language to address Land Clearing and Inert Debris Landfills (LCID), event centers, wholesale trade of used motor vehicle parts (indoor operations), and modifications to the table of uses both recommended by the land use plans and those identified by staff. Proposed amendments to the statements of consistency and definition of a subdivision are in response to recent adopted changes to the North Carolina General Statutes.
Tagged Passions:rural, ordinance, business, landfill, development, solid waste, zoning, subdivision, events, Development, and trade

These changes primarily involve the following sections of the Zoning and Subdivision Ordinances:

Sec. 21-4: Definitions Sec. 21-32: Districts Purpose Intent Sec. 21-53 through 56: Special Requirements Sec. 21-60: Conditional Use Requirements for Specific Uses Sec. 21-65: General Criteria for NB District Sec. 21-113: Table of Uses Sec. 21-361: Text Amendments Sec. 21-362: Map Amendments Sec. 22-6: Subdivision Defined Schedule public hearing for September 3, 2019

Tagged Passions:ordinance, zoning, subdivision, and hearing

ATTACHMENTS: Description Upload Date Type Staff Report 8/9/2019 Exhibit Table of Uses 8/9/2019 Exhibit

Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 1 MEMORANDUM TO: Rowan County Board of Commissioners FROM: Shane Stewart, Assistant Planning Director DATE: August 9, 2019 RE: ZTA STA 01-19
Tagged Passions:planning

Adoption of the Western (2009) and Eastern (2012) Area Land Use Plans established a series of land use recommendations serving as a guide to county boards, staff, and the general

public in making future decisions. In addition to providing guidance, the plans include action items such as calls for additional studies and ordinance changes to address identified concerns. Recommendations regarding Highway, Rural, and Home-Based Business uses include qualifying language such as a encourage and consider with the more absolute should in its assessment. References include both specific changes for various aspects of development in certain zoning districts and a broad perspective in future district identification. Staff also propose new language to address Land Clearing and Inert Debris Landfills (LCID), event centers, wholesale trade of used motor vehicle parts (indoor operations), and modifications to the table of uses both recommended by the land use plans and those identified by staff. Proposed amendments to the statements of consistency and definition of a subdivision are in response to recent adopted changes to the North Carolina General Statutes.
Tagged Passions:rural, ordinance, business, landfill, development, solid waste, zoning, subdivision, events, Development, and trade

These changes primarily involve the following sections of the Zoning and Subdivision Ordinances:

Sec. 21-4: Definitions Sec. 21-32: Districts Purpose Intent BACKGROUND SUGGESTED BOARD OF COMMISSIONERS ACTION Schedule Public Hearing for ZTA STA 01-19 for September 3, 2019 Rowan County Department of Planning Development 402 North Main Street Suite 204 Salisbury, NC 28144

Tagged Passions:planning, ordinance, development, zoning, subdivision, Development, and hearing

Phone: (704) 216-8588 Fax: (704) 216-7986 www.rowancountync.gov/planning

Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 2
Tagged Passions:planning

Sec. 21-53 through 56: Special Requirements Sec. 21-60: Conditional Use Requirements for Specific Uses Sec. 21-65: General Criteria for NB District Sec. 21-113: Table of Uses Sec. 21-361: Text Amendments Sec. 21-362: Map Amendments Sec. 22-6: Subdivision Defined

Existing text proposed for deletion appear highlighted with strikethroughs while new text appear as bold red text. PROPOSED CHANGES Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 3
Tagged Passions:subdivision

AMENDMENTS TO CHAPTER 21: ZONING ORDINANCE

Tagged Passions:ordinance and zoning

Article I. In General Sec. 21-1. Title. Sec. 21-2. Purpose. Sec. 21-3. Authority. Sec. 21-4. Definitions. Sec. 21-5. Jurisdiction. Sec. 21-6. Bona fide farms exempt. Sec. 21-7. Severability. Sec. 21-8. Abrogation. Sec. 21-9. Use or sale of land or buildings except in conformity with chapter provisions. Sec. 21-10. Relationship to other ordinances. Sec. 21-11. Zoning vested rights. Sec. 21-12. Fees. Sec. 21-13. Enforcement. Sec. 21-14. Violations and penalties. Sec. 21-15. Effective date. Sec. 21-16. Adoption. Secs. 21-17--21-30. Reserved. Article II. General and Overlay Districts Sec. 21-31. Zoning districts established. Sec. 21-32. General zoning districts defined; purpose and intent. Sec. 21-33. Overlay districts. Sec. 21-34. Economic development districts established for I-85. Secs. 21-35--21-50. Reserved. Article III. Site Plans, Special Requirements, Rural Home Occupations, Conditional Use Permits, and Conditional Zoning Districts, and Special Requirements in the NB district. Sec. 21-51. Purpose. Sec. 21-52. Site plan required. Sec. 21-53. Permitted uses with special requirements. Sec. 21-54. Maximum building size and setback requirements for certain uses listed as SR in the Rural Agricultural District. Sec. 21-55. General criteria for uses listed as SR in article III. Sec. 21-56. Specific criteria for uses listed as SR in section 21-113. Sec. 21-57. Review and approval of conditional uses. Sec. 21-58. Review procedures. Sec. 21-59. Evaluation criteria. Sec. 21-60. Conditional use requirements for specific uses. Sec. 21-61. Conditional zoning districts. Sec. 21-62. Effect of approval for conditional zoning districts. Sec. 21-63. Application re-submittal for conditional use permits and conditional zoning districts. Sec. 21-64. Reserved. Sec. 21-65. General criteria for uses listed as SR in the NB District in section 21-113. Secs. 21-66--21-80. Reserved. Article IV. Dimensional Criteria Sec. 21-81. Dimensional requirements; general. Sec. 21-82. Measurement of setback or building line. Sec. 21-83. Rear yard triangular lot. Sec. 21-84. Table of dimensional requirements. Secs. 21-85--21-110. Reserved. Article V. Permitted and Conditional Uses Sec. 21-111. Generally. Sec. 21-112. Relation to Standard Industrial Classification (SIC) Manual, 1987; executive office of the president, office of management and budget. Sec. 21-113. Table of uses. Secs. 21-114--21-130. Reserved. Article VI. Nonconforming Situations Sec. 21-131. Purpose and intent.

Staff Comments Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 4 Sec. 21-132. General provisions. Sec. 21-133. Continuation of nonconforming use of land. Sec. 21-134. Conditions for continuance for a change in nonconforming situation. Sec. 21-135. Extension, enlargement or replacement of a nonconforming use. Sec. 21-136. Repairing damaged nonconforming structures. Sec. 21-137. Abandonment and discontinuance. Sec. 21-138. Miscellaneous nonconforming situations. Sec. 21-139. Nonconforming signs. Sec. 13-140. Projections into required setbacks. Sec. 21-141. Nonconforming family businesses in the RA District. Secs. 21-142 141--21-160. Reserved. Article VII. Parking Sec. 21-161. Purpose. Sec. 21-162. General design requirements. Sec. 21-163. Parking areas. Sec. 21-164. Parking space requirements. Sec. 21-165. Flexibility of administration. Sec. 21-166. Table of parking requirements. Secs. 21-167--21-180. Reserved. Article VIII. Signs Sec. 21-181. Applicability. Sec. 21-182. Lighting of signs. Sec. 21-183. Off-premises signs. Sec. 21-184. Prohibited signs. Secs. 21-185--21-210. Reserved. Article IX. Screening and Buffering Sec. 21-211. Purpose. Sec. 21-212. Applicability. Sec. 21-213. Buffer requirements. Sec. 21-214. Letter of compliance. Sec. 21-215. Required screening type. Sec. 21-216. Screening and buffering. Sec. 21-217. Alternative buffers and screening. Sec. 21-218. Existing vegetation. Sec. 21-219. Applicability of screening and buffering requirements. Secs. 21-220--21-240. Reserved. Article X. Nuisances Sec. 21-241. Noise. Sec. 21-242. Fumes and odors. Sec. 21-243. Vibration. Sec. 21-244. Junked motor vehicles. Sec. 21-245. Standards for junked motor vehicles stored at nonconforming automobile repair facilities. Sec. 21-246. Standards for automobile salvage yards. Sec. 21-247. Nonconforming salvage yards existing on February 16, 1998. Sec. 21-248. Removal of junked or abandoned vehicles. Sec. 21-249. Order to remove, disposal by county. Secs. 21-250--21-270. Reserved. Article XI. General Development Standards, Exceptions and Modifications Sec. 21-271. Generally. Sec. 21-272. Issuance of building permits. Sec. 21-273. Type and number of uses permitted in all zones. Sec. 21-274. Visibility at intersections. Sec. 21-275. Antennae. Sec. 21-276. Skirting of manufactured homes. Sec. 21-277. Exceptions and modifications. Sec. 21-278. Skirting in existing manufactured home parks. Sec. 21-279. Exceptions for certain turkey shoots. Sec. 21-280. Construction trailers. Sec. 21-281. Temporary uses. Sec. 21-282. Reserved. Staff Comments Standards moved to Sec. 21-53 Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 5

Tagged Passions:rural, ordinance, construction, business, economic development, budget, sale, agriculture, development, industrial, zoning, transportation, procedure, Development, compliance, noise, and parking

Sec. 21-283. Maintenance of manufactured home parks. Sec. 21-284. Location of manufactured homes not provided in the table of uses. Sec. 21-285. Accessory structures. Secs. 21-286--21-310. Reserved. Article XII. Administration and Hearing Requirements Sec. 21-311. Board of commissioners. Sec. 21-312. Planning board. Sec. 21-313. Zoning board of adjustment (ZBA). Sec. 21-314. Planning department. Sec. 21-315. Hearing procedures for zoning map and text amendments, conditional use permits and variances and interpretations. Sec. 21-316. Exceptions for mailed notice requirements for large-scale rezoning. Secs. 21-317--21-330. Reserved. Article XIII. Appeals, Variances and Interpretations Sec. 21-331. Appeals. Sec. 21-332. Variances. Sec. 21-333. Recordation of variances and conditions. Sec. 21-334. Interpretations. Sec. 21-335. Variance from watershed overlay. Sec. 21-336. Judicial review of ZBA decisions. Secs. 21-337--21-360. Reserved. Article XIV. Text and Map Amendments Sec. 21-361. Text amendments. Sec. 21-362. Map amendments (rezoning). Sec. 21-363. Hierarchy of districts.

Sec. 21-4. Definitions. Beneficial Fill means fill material consisting only of inert debris strictly limited

Tagged Passions:planning, zoning, procedure, watershed, parks, and hearing

to concrete, brick, concrete block, uncontaminated soil, rock, or gravel.

No additional detail provided

Drinking Place means an establishment whose principal purpose is to derive income from the sale of alcoholic beverages that are served and consumed on premise. These establishments, commonly known as bars, pubs, saloons, and taverns, hold themselves out to the public through advertising, signage, or other activities as purveyors of alcoholic beverages served on premise. Drinking places may also provide limited food services but do not meet the definition of an eating place as defined herein. In determining whether a use meets this definition, the Zoning Administrator may also consider the percentage of income from alcoholic beverage sales, floor plans, and plans / permits from the Rowan County Building Inspections Department, Rowan County Environmental Health Division, and the North Carolina ABC Commission. Unless otherwise indicated, this definition does not include congressionally chartered veteran organizations or wine uses holding a tasting rooms permit defined by G.S. 18B-1000 1001 or this ordinance.

Tagged Passions:alcohol, health, ordinance, boards and commissions, sale, zoning, advertising, signage, services, environment, administrator, and food services

Events center means an establishment offering use of their facilities and associated grounds for rent or lease to any person or group for the purposes of hosting pre-planned events, which are not open to the general public, including but not limited to weddings, corporate events, reunions, and similar functions. Events centers may contain kitchen facilities, subject to Rowan County Environmental Health Division standards, where food is prepared on site or catered and the use of live or recorded music.

Tagged Passions:health, leasing, events, and environment

Home occupation means a business, profession, occupation, or trade for the economic gain or support of a resident of the dwelling which is completely contained

Staff Comments

Tagged Passions:business and trade

Definition from NCDEQ administrative code. Pairs with LCID definition to distinguish different types of material.

Modification in favor of generic tasting permit. Definition for new use. Operations on a bona fide farm would not be subject to this definition.
Tagged Passions:agriculture

Clarifies operation must be within dwelling.

Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 6 within the dwelling. ,and which The use is operated by the resident of the dwelling, incidental and secondary to the residential use of the lot, and which does not adversely affect the character of the lot or surrounding area.

Home occupation, rural (RHO) means an a non-residential accessory use subordinate to the primary residential use of the property owned and operated by the resident of the dwelling, persons residing in the principal building which is located on the same or an adjacent parcel of land. upon which the home occupation is located. In general, RHOs are more intensive land uses than home occupations and are therefore subject to the requirements of Article III. Based on the use and occupancy classification, a RHO is subject to the North Carolina Building Code for non-residential use unless otherwise determined by the Rowan County Building Inspection Department. The use would not generate conspicuous traffic or nonresidential levels of odor, glare or dust. The use shall not exceed two thousand (2,000) square feet. Outside storage is sited to the rear of the building and is within the required setbacks. All parking must be provided off-street.

No additional detail provided

Tagged Passions:rural, streets, property, traffic, building codes, and parking

Land clearing and inert debris landfill (LCID) means a facility for the land disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash.

No additional detail provided

Tagged Passions:facility, landfill, and solid waste

NCDEQ means the North Carolina Department of Environmental Quality.

Shooting range facility means a public or private facility, including individual shooting ranges, safety fans or shotfall zones, structures, parking areas, and other associated improvements, designed for the purpose of providing a place for the discharge of various types of firearms or the practice of archery. This definition does Does not include incidental target practice areas on private property, turkey shoots meeting the standards for exemption noted in section 21-279, government facilities, or occasional sighting-in of firearms.
Tagged Passions:gun control, facility, grocery, environment, property, Gun Control, and parking

Winery refers to a manufacturing facility or establishment engaged in the processing and bottling of grapes to produce wine or wine-like beverages as defined by the North Carolina General Statutes G.S. Facilities may include incidental activities such as wine tasting and associated retail sales. The facility or establishment must be operated in association with an existing vineyard (bona fide farm) located on the same property or on adjacent properties under the same ownership. Operations used for bona fide farm purposes as defined by the G.S. are exempt from zoning.

Wine Tasting Room refers to a facility in which wine products grown or processed on the owner s property may be tasted and sold. This definition shall also include small- scale associated gift/retail sales, dining and catering facilities and a restaurant facility. The facility must be operated in association with an existing vineyard (bona fide farm) located on the same property or on adjacent properties under the same ownership.

Tagged Passions:alcohol, facility, sale, agriculture, restaurants, zoning, and property

Sec. 21-32. General zoning districts defined; purpose and intent.

(a) Rural Agricultural, RA. This district is developed to provide for a minimum level of
Tagged Passions:rural, agriculture, and zoning

land use regulations appropriate for outlying areas of the county. These outlying areas typically consist of rural single-family housing, larger tracts of land used for agriculture agricultural purposes or in fields and forest land, and with some

Staff Comments RHO definition will be combined with standards from Sec. 21-53 to have one set of standards.
Tagged Passions:regulation, rural, agriculture, and housing

Definition from NCDEQ Administrative code. Clarifies how this use would be administered.

Specific definition to be removed in favor of specific tasting permit referenced in drinking place.

Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 7 instances of non-residential uses intermingled. Multifamily uses are discouraged in this district. This district would provide for protection from the most intensive land uses while containing provisions for a variety of less intensive land uses. home- based business opportunities and other non-residential uses deemed appropriate through a conditional use permit process. It is the intent of this district to rely upon development standards to protect residences from potential adverse impacts of allowed non-residential uses. The most intensive land uses would not be allowed in this district. (f) Commercial, Business, Industrial, CBI. This zone allows for a wide range of commercial, business and light to medium industrial activities which provide goods and services support both the local and / or regional economies. This district is typically for more densely developed suburban areas, major transportation corridors, and major cross-roads communities. The CBI district is generally appropriate in areas identified by an adopted land use plan that recommend highway business along identified NC and US highways; community / regional / potential development nodes; commercial corridors; and existing commercial areas. Areas served by public water / sewer represent significant public investment to foster tax base growth and employment opportunities for the citizens, which could be served through CBI designation. However this The CBI district may also exist or be created in an area other than listed in this subsection if the existing or proposed development is compatible with the surrounding area and the overall public good is served.

Tagged Passions:business, sewer, streets, taxes, Taxes, utility, development, industrial, Utility, transportation, services, water, employment, Development, investment, commercial, corridor, and growth

(g) Industrial, IND. This district is intended to provide for industrial activities involving

extraction, manufacturing, processing, assembling, storage, and distribution of products. The district is also designed to accommodate other, more intense non- residential uses which generate adverse side effects such as noise, odor or dust. The IND district is typically applied generally appropriate in areas with maximum accessibility to major highways, rail lines, and other significant transportation systems. identified by an adopted land use plan for industrial corridors, potential development nodes, locations accessible to rail lines and utility infrastructure, and existing industrial areas. These corridors represent significant public and private investment, which should be identified to foster tax base and employment opportunities for the citizens. However this The IND district may also exist or be created in an area other than listed in this subsection if the existing or proposed development is compatible with the surrounding area and the overall public good is served. (h) Neighborhood Business, NB. This district is primarily designed to provide rural

Tagged Passions:rural, business, taxes, Taxes, utility, development, industrial, Utility, transportation, employment, Development, investment, corridor, noise, and neighborhood

business opportunities typically in the form of small retail, service, office, and light manufacturing uses to serve the community s existing and future needs for goods, services, and employment opportunities. Standards within the district are intended to promote context sensitive development appropriately scaled and organized in a manner that would not be detrimental to the surrounding area. Development within this district would contain impacts inherently more intensive than those associated with uses permitted with special requirements in the RA district but significantly less than those in CBI

Staff Comments Description includes areas referenced in adopted land use plans public investment areas.

Tagged Passions:business, development, services, employment, Development, and investment

Replacing district description language with strikethroughs with similar text in red.

Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 8 zoned areas. for retail, limited small manufacturing facilities and service oriented business centers which serve small trading areas. As a result the list of allowed uses is more limited than those in the CBI district. The development standards for these business areas are designed to promote sound, permanent business development and to protect abutting and surrounding residential areas from undesirable aspects of nearby commercial development. This district is also designed to provide opportunities for potential development within the NB district. Areas zoned NB shall be so located as to conveniently serve the community population. The establishment and subsequent development of this district shall not create or expand problems associated with traffic volumes or circulation. As the district is established to provide for small neighborhood oriented business areas limitations on gross floor area is established. Limitations on total impervious surface are established to minimize the adverse impacts of this type of development on adjacent residential areas. The NB district is generally appropriate in areas identified by an adopted land use plan for rural businesses located on identified minor and major thoroughfares and within community nodes. However, additional consideration may be necessary as some thoroughfare segments would not be conducive to NB designation due to surrounding land use and / or potential negative impacts such as traffic, noise, and visual impacts. Generally, the NB district shall be two (2) acres or larger. However a lot of record, smaller than two (2) acres may be considered for rezoning to NB if the owner of the lot does not own adjacent property which may be included in the rezoning request.

Tagged Passions:rural, business, development, zoning, Development, property, commercial, noise, traffic, and neighborhood

ARTICLE III. SITE PLANS, SPECIAL REQUIREMENTS, RURAL HOME OCCUPATIONS, CONDITIONAL USE PERMITS, AND CONDITIONAL ZONING DISTRICTS, AND SPECIAL REQUIREMENTS IN THE NB DISTRICT.

Sec. 21-51. Purpose. This article provides regulations and conditions for selected uses which are unusual in their nature or complexity. These uses may require areas of unusual size, or are potentially incompatible with their surroundings unless special development standards are applied, or which depend on sound site planning and design to prevent them from becoming detrimental to the health, safety, or general welfare of the public or neighboring land uses. (Ord. of 1-19-98, IV) Sec. 21-52. Site plan required. Site plans are necessary to demonstrate the proposed use of land and / or structures will comply with the specifications set forth in this chapter prior to the issuance of a zoning permit. All non-residential uses shall submit a site plan containing the following information in addition to other standards required by this chapter: (1) Zone lot with dimensions and development setbacks; (2) Tax parcel number; Staff Comments Description includes areas referenced in adopted land use plans and a general statement regarding the application in all areas. Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 9 (3) Property address;

Tagged Passions:planning, health, regulation, rural, taxes, Taxes, development, zoning, Development, property, and unusual

(4) Adjoining deeded properties and their uses;

(5) Existing structures;

(6) Proposed structure with size;

(7) Proposed use; (8) Number of employees, if applicable; (9) Hours of operation, if applicable;

(10) Off-street parking, loading and unloading, access to existing streets;

No additional detail provided

Tagged Passions:streets and parking

(11) Easements and rights-of-way;

(12) All pertinent development requirements of this chapter; (13) Any additional information required by the zoning administrator to assess the merits of the application, including but not limited to a commercial driveway permit, traffic impact analysis, environmental impact statements; (14) Floodplains; (15) Name, location and dimension of any proposed streets, drainage facilities, parking areas, recreation areas, required yards, required turnarounds as applicable; (16) Screening Buffering, if applicable; (17) Zoning District; (18) Proposed phasing, if applicable;

Tagged Passions:development, zoning, environment, Development, commercial, administrator, traffic, easement, parking, recreation, and stormwater

(19) This required site plan shall be in sufficient detail to allow the zoning administrator to reasonably understand the proposed development. The scale shall be one (1) inch equals one hundred (100) feet or greater for zone lots three (3) acres or less in size, or one (1) inch equals two hundred (200) feet for zone lots more than three (3) acres in size.

Tagged Passions:development, zoning, Development, and administrator

(Ord. of 1-19-98, IV; Amend of 4-21-14)

Sec. 21-53. Permitted uses with special requirements and rural home occupations (RHOs).

All uses Uses listed as SR (Special Requirements) in article III section 21-113, except those in the NB zoning district which are subject to section 21-65, shall comply with the pertinent regulations listed in the following subsections. Site plan approval by the zoning administrator shall be required unless expressly provided otherwise prior to issuance of a zoning permit and such approval shall be given if all requirements herein are met. The plan shall become part of the building permit. The regulations for specific uses listed as SR in article III are located in sections 21-54--21- 56. (1) Rural Home Occupations [RHO]. Staff Comments
Tagged Passions:regulation, rural, zoning, and administrator

Creation of RHO specific language in special requirement section. Subsections (1) and (2) distinguish RHO from other uses.

Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 10

a.
Purpose and Intent. Rowan County recognizes the important role RHOs offer residents and the community in creating business opportunities to fulfill or supplement the resident s employment needs. Standards are established herein to protect adjoining properties from potential adverse impacts associated with these uses.

No additional detail provided

Tagged Passions:recognition, business, and employment

b.
Development Standards. All proposed operations are subject to general standards identified in sections 21-54 through 55, applicable specific standards in section 21-56, and other pertinent requirements of this chapter.

No additional detail provided

Tagged Passions:development and Development

c.
Combination Use. In addition to the principal residential use, development of a RHO may constitute a second principal use whose occupancy classification is subject to the North Carolina Building Code for non-residential use as determined by the Rowan County Inspections Department.

No additional detail provided

Tagged Passions:development, Development, and building codes

d.
Change in Operation. RHOs permitted to comply with the provisions of section 21-55(2)b shall be classified as non-conforming if a change in association between the residence and business operator occurs. As such, applicants should consider potential investment in the development of land and / or structures for RHOs and the inherent future limitations should the use become non-conforming. Many RHO locations would not adhere to the purpose and intent or land use recommendations for rezoning to a non-residential district.

No additional detail provided

Tagged Passions:business, development, zoning, Development, and investment

(2) Specific criteria for uses listed as SR. The SR location standards required in Section 21-55(2) a. - c. 54 55 do not apply to Family care home; Family manufactured home park uses in the residential group from 21-113; Common Sand Mining (SIC 1442); Dead storage of manufactured homes (SIC 42); Co- location of wireless facilities, eligible facilities requests, alternative tower structures, and public safety tower (SIC 48 pt); and Ground mounted solar energy systems 6,000 sq ft or less (SIC 491 pt); and residential storage facilities uses listed as SR in non-residential districts.

No additional detail provided

Tagged Passions:drugs, public safety, cell tower, Cell tower, parks, solar power, wireless, Wireless, and energy

(Ord. of 1-19-98, IV; Amend. of 12-2-13; Amend. of 4-21-14)

Sec. 21-54. Maximum building size and setback requirements for certain uses listed as SR in the Rural Agricultural District RHOs.
Tagged Passions:rural and agriculture

Building size and maximum size setbacks for certain uses listed as SR in article III Section 21-113 shall be as provided in this section.

(1) Applicable uses. The requirements of this section apply to the following:

a.
All construction uses listed as SR;

No additional detail provided

Tagged Passions:construction

b.
All manufacturing uses listed as SR except sawmills (SIC 242);

No additional detail provided

c.
All wholesale trade uses listed as SR except farm supplies (SIC 5191);

No additional detail provided

Tagged Passions:agriculture and trade

d.
All retail trade uses listed as SR;

Staff Comments

Tagged Passions:trade

This section will replace the existing Sec. 21-141

Standards would apply to all uses.

Proposed change would include the RR district.

Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 11 e. All finance, insurance and real estate uses listed as SR; and

Tagged Passions:finance and insurance

f.
All services uses listed as SR except recreation facilities, membership and non-membership.

(2) (1) Building size. The maximum allowable building size for uses listed in section 21-113 subsection (1), above, as SR in the RA and RR districts shall not exceed ten (10) five (5) [recommended to remain 10 by Committee B] percent of the gross acreage of the lot, excluding right-of-way with a maximum of 12,000 sq. ft. in the RA district and 2,000 sq.ft. in the RR district. Existing accessory structures for personal use not associated with uses permitted in this section must be considered within the maximum allowable building size for the property listed in section 21-285.

Tagged Passions:services, property, and recreation

(3) (2) Maximum size and buffering Building setbacks. Maximum square footage and buffering related setback requirements for the following uses shall be determined as specified below.

Building Square Footage Setback, Front (in feet) Setback, Side, Side Street, and Rear Yards (in feet) 0--2,000 30 10 20 2,001--4,000 30 40 20 30 4,001--8,000 30 50 40 8,001--12,000 30 60 60 50 12,001--20,000 40 80 20,001 and over 50 100 Existing structures proposed for use as a rural home occupation that do not comply with these setbacks shall not be precluded from such use if all other requirements are met.

Tagged Passions:rural and streets

(Ord. of 1-19-98, IV; Ord. of 6-29-99; Amend. of 11-2-09; Amend. of 4-21-14)

Sec. 21-55. General criteria for RHO uses listed as SR in article III Section 21-113.

Uses listed as SR in article III shall comply with the following criteria, as applicable: (1) Site plan. A site plan shall be provided showing the existing lot and all existing and proposed buildings.

(2) Location. The RHO must be located on property which meets the following criteria: a. The property must be a lot with have at least thirty-five (35) feet

of state road frontage. Properties that do not meet the requisite road frontage requirement are limited to a maximum building size of 2,000 sq. ft. and must comply with all other applicable standards herein. b. The property must be owned by the business owner. Staff Comments Both East West plans reference a size reduction. Staff recommends reduction to 5 , which for example would permit a 2,178 sq.ft. structure on 1 Ac. Committee B recommends maintaining current 10 . 12,000 sq.ft. limit was chosen based on a somewhat common limitation in building code where fire suppression (sprinkling) is required. This was an attempt to determine when 1 or more structures devoted to comm. use total a sq.ft. that would exceed a residential scale and require rezoning. This provision continues the standard from the current definition of a RHO allowing 2k sq.ft. devoted to the use Special provision requiring land ownership can problematic. Replacing with business owner / operator. Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 12
Tagged Passions:business, streets, zoning, property, and building codes

c.
b. The business must be on or adjacent to the primary residence of the business owner / operator but nonetheless shall be located on a lot containing required road frontage in subsection (a).

(3) Lighting. The lighting shall be shielded to prevent light and glare spillover to adjacent residentially developed properties. (4) Square footage. The maximum square footage allowed for a use shall include all buildings used for retail sales of any type on that property. (5) Parking. Parking shall be provided off-street subject to as prescribed in article VII for that use. (6) Signage. Signage shall be as prescribed in article VIII for the underlying district. (7) Noise. Noise shall not exceed the levels prescribed in the county noise ordinance for residential districts. (8) Outdoor storage. All outside storage areas including dumpsters shall be:

Tagged Passions:ordinance, business, streets, sale, zoning, advertising, signage, property, noise, and parking

a.
Sited to the rear of the building;

No additional detail provided

b.
Not within the required setbacks.

No additional detail provided

c.
Outdoor storage shall be screened as provided in article IX for that use. However the requirements of article IX shall not apply to the business structure or outdoor display.

(9) Smoke, odors and dust. The use will not create any smoke, odors, or dust at a level discernible at any of its lot lines. (10) Required licenses and permits. The applicant shall provide a copy of all required licenses and permits prior to issuance of a zoning permit. (11) Handling waste and other by-products. A description shall be provided of the method of collecting, handling, disposal and storage of all wastes, by-products, scraps, etc. which meets all applicable federal, state and local regulations and all other requirements of this chapter. (12) Activities. Manufacturing activities are confined to the building. (13) Outdoor display. Outdoor display shall be limited to two thousand five hundred (2,500) square feet unless otherwise provided. (14) Screening. Any structures and operational areas used for the business must be screened in accordance with Article IX [Committee B recommends applicability based on a 100 separation instead of 200 referenced in Article IX]. This requirement does not apply to a residence(s) on the same parcel or an adjacent parcel if in the same ownership as the land on which the RHO is located or is owned by an immediate family member as defined by this ordinance.

Tagged Passions:regulation, ordinance, business, zoning, property, and license

(Ord. of 1-19-98, IV; Ord. of 6-29-99)

Staff Comments Screening will be required as per the below. Both East West plans reference visual separation provided by the business. Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 13
Tagged Passions:business

Sec. 21-56. Specific criteria for uses listed as SR in section 21-113. Uses listed as SR in section 21-113 shall meet the following requirements expressly

provided below. (2) Additional standards applicable to specific uses listed as SR in the agriculture, forestry and fishing in the rural district.
Tagged Passions:rural, agriculture, and Forestry

a.
Veterinary services (SIC 074 0742) and Animal Shelters, Boarding Kennels, Dog Pounds (SIC 0752 pt).

No additional detail provided

Tagged Passions:pets, services, and animal control

1.
Site plan. A site plan shall be provided showing the lot and all existing and proposed buildings as well as all runs and/or training facilities.

No additional detail provided

Tagged Passions:training

2.
Siting. Kennels not wholly enclosed by a security fence at least six (6) feet in height; and all kennels not wholly enclosed within a building shall be located at least one hundred (100) feet from the lot line of any residentially developed lot.

No additional detail provided

Tagged Passions:security

3.
Runs. No run area is allowed with the setback.

No additional detail provided

a.
Reserved.

(4) Additional standards applicable to specific uses listed as SR in the construction group.

Tagged Passions:construction

a.
Heavy construction and other than building construction contractors (SIC 16).

1. Minimum lot size. The minimum lot size is one (1) acre. 2. Storage. All storage shall be a minimum of fifty (50) feet from adjoining residentially developed property lines.
Tagged Passions:construction and property

b.
Reserved.

(5) Additional standards applicable to specific uses listed as SR in the manufacturing group.

a.
Meat packing plants (SIC 201).

No additional detail provided

Tagged Passions:plant

1.
Location. No building, structure, storage or animal holding area shall be located within three hundred (300) feet of any lot line.

2. Minimum lot size. The minimum lot size is five (5) acres.

b.
Saw mills and planing mills, general (SIC 2421); dimension hardwood (SIC 2426 pt); sawmills, special product (SIC 2429 pt).

1. Location. All mechanized sawing equipment must be located a minimum of five hundred (500) feet from lot boundary lines. Residential lots owned by the sawmill operator are exempt from this requirement.

Tagged Passions:equipment

2.
Reserved.

No additional detail provided

b.
Winery.

Staff Comments Removed from table of uses for RA Adding similar uses to saw mills Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 14

Tagged Passions:agriculture

1.
Setbacks. The facility shall meet the setback requirements of Section 21-84. (Table of dimensional requirements)

No additional detail provided

Tagged Passions:facility

2.
Screening. The facility shall meet the screening requirements of Article IX. (Screening and Buffering)

No additional detail provided

Tagged Passions:facility

3.
Licenses and permits. All required licenses and permits (i.e. Environmental Health, ABC, etc.) shall be obtained prior to operation of the facility.

(6) Additional standards applicable to specific uses listed as SR in the transportation, communication, electric, gas and sanitary services group. (7) Additional standards applicable to specific uses listed as SR in the wholesale trade group.

Tagged Passions:health, facility, transportation, services, electric, environment, communications, license, trade, and Communications

a.
Motor vehicle parts, used (indoor) in the CBI and IND districts (SIC 5015).

No additional detail provided

1.
Operation. Operations including but not limited to dismantling of motor vehicles and storage of motor vehicle parts must be completely contained within a building enclosed on all sides. No junked or wrecked motor vehicles, motor vehicle parts, or junk may be kept outside an enclosed building for any period of time other than periodic unloading of received vehicles and loading of parts or dismantled motor vehicles for off- site delivery completed in a timely manner. Uses that comply with the standards of this subsection are not subject to the specific standards from section 21-246

(7) (8) Additional standards applicable to specific uses listed as SR in the retail sales group a. Automotive dealers and gasoline service stations (SIC 55). (8) (9) Additional standards applicable to specific uses listed as SR in the services group.

Tagged Passions:sale and services

b.
Recreation facilities, membership and nonmembership Membership sports and recreation clubs (7997 pt.).

1. Required licenses and permits. The applicant shall provide a copy of all required licenses and permits prior to issuance of a zoning permit.

Tagged Passions:zoning, license, sports, and recreation

2.
Recreational facilities located within a major subdivision used exclusively by resident members and their guests in the RA, RR, and RS districts are exempt from the locational requirements of Section 21-55 (2). All other facilities shall be subject to section 21-60(7)(d).

No additional detail provided

Tagged Passions:subdivision and recreation

d.
Archery and shooting range (indoor) (SIC 7999pt.).

1. Operation. All discharged shots or arrows must occur within a building enclosed on all sides designed for such use. Staff Comments Moving existing text from unclassified to manufacturing section. Adding standards for indoor wholesale trade of parts in CBI and IND. Changing from generic reference to specific use in 7997. New use option for indoor archery range. Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 15 (9) (10) Additional standards applicable to specific uses listed as SR in the unclassified uses group.

Tagged Passions:trade

a.
Multitenant developments.

No additional detail provided

Tagged Passions:development and Development

1.
Application. An application shall be provided with:

i. Site plan as provided in section 21-52; and ii. Development name, name(s) and address(es) of owners and park designers.

Tagged Passions:development, parks, and Development

2.
Board of commissioners review of the development proposal. The board of commissioners shall review the site plan and other pertinent information to ensure that the general health, safety and public welfare have been adequately protected.

No additional detail provided

Tagged Passions:health, development, and Development

3.
Uses allowed. Uses are limited to those provided in the district the multitenant development is located. Uses requiring conditional use permits shall obtain the required approval prior to issuance of a building permit.

No additional detail provided

Tagged Passions:development and Development

b.
Winery, Wine Tasting Room 4. Setbacks. The facility shall meet the setback requirements of Section 21-

No additional detail provided

Tagged Passions:alcohol, facility, and agriculture

84.
(Table of dimensional requirements)

No additional detail provided

5.
Screening. The facility shall meet the screening requirements of Article IX. (Screening and Buffering)

No additional detail provided

Tagged Passions:facility

6.
Licenses and permits. All required licenses and permits (i.e. Environmental Health, ABC, etc) shall be obtained prior to operation of the facility.

(10) (11) Residential storage facilities.

Tagged Passions:health, facility, environment, and license

Sec. 21-60. Conditional use requirements for specific uses. The following criteria shall be used in evaluating specific conditional use permit

applications. If no specific requirements are listed for a specific use, then only the general criteria will be used in evaluating the application. (2) Manufacturing trade group.
Tagged Passions:trade

a.
Manufacturing group: Pulp mills (SIC 261); paper mills (SIC 262); chemicals and allied products (SIC 28); petroleum refining and related products (SIC 29); leather and finishing (SIC 3111); hydraulic cement (SIC 324); structural clay products (SIC 325); concrete, gypsum and plaster products (SIC 327); abrasives, asbestos, non- metallic mineral products (SIC 329); primary metal industries (SIC 33); ammunition except for small arms (SIC 3483), ordinance and accessories (SIC 3489); power, distribution and specialty transformers (SIC 3612); and wholesale trade group: chemical and allied products (SIC 516) and petroleum and petroleum related products (SIC 517).

a. (1) Minimum lot size.

Tagged Passions:gun control, ordinance, Fossil Fuels - Oil, trade, and Gun Control

1.
i. Five (5) acres for manufacturing group uses regulated under this

Staff Comments

Standard moved to manufacturing section.

Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 16 subsection.

2.
ii. Ten (10) acres for wholesale trade group uses regulated under this subsection.

No additional detail provided

Tagged Passions:trade

b.
(2) Location of structures, storage of materials. The location of principal structures and storage of flammable or hazardous materials shall be two (2) times the required buffer area in article IX. However, parking, storage of nonflammable and nonhazardous materials, etc. may be placed up to the required additional buffer.

No additional detail provided

Tagged Passions:materials, hazardous materials, and parking

c.
(3) Site location. Site shall have primary access to arterial or major collector street. This requirement is not applicable to expansions of facilities regulated under this subsection, which are contiguous to facilities existing prior to August 16, 2004.

No additional detail provided

Tagged Passions:expansion and streets

d.
(4) Security restrictions. Access shall be controlled through the use of gates, fences, etc. to prevent entrance to the operational area by unauthorized persons. Fencing standards shall be as specified in section 21-215(2)(b)2.

No additional detail provided

Tagged Passions:security

e.
(5) Dust, odor, glare. Dust, odor, and glare shall not be noticeable at adjacent residential property lines.

f. (6) Removal and reclamation. Applications for new facilities classified in SIC 28, 29, 3612, 516 517 temporary use permits for facilities classified as SIC 2951 3241 seeking approval pursuant to section 21-281(2) of this chapter may be required to provide written documentation substantiating that the applicant or operator has and will maintain a surety bond payable to Rowan County sufficient to disassemble and remove any outdoor equipment, stockpiles, etc. or reclaim any excavated areas once the facility ceases production for a period of three hundred sixty (360) days. The bond amount shall be based on an estimate provided by a registered professional engineer or architect having professional credentials, recognized expertise or specialization in construction and removal of similar facilities. Renewable bonds are expected to provide updated estimates and reflect increases due to labor costs, demolition practices, addition of equipment, etc. The requirements of this item are not applicable to expansions of facilities regulated under this subsection, which are contiguous to the facilities that existed prior to August 16, 2004. g. (7) Screening. Screening standards for new facilities and expansions to existing facilities regulated under this subsection shall be as follows:

Tagged Passions:recognition, construction, equipment, facility, expansion, bond, property, and demolition

1.
i. New facilities. When a new facility shares a common property line(s) with a more restrictive zoning district, Type B screening requirements established in section 21-215(2)(b)1.--3. of this chapter are applicable to the portion of the facility's operational area bordering that property line(s). New facilities sharing a common property line with an identical zoning district are subject to the screening requirements based on the land use relationships established in section 21-216. However, Type B screening may be necessary in some instances to provide visual separation from the side and rear property lines when characteristics of the site such as

Staff Comments Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 17 topography, vegetation, line of sight with adjacent developed properties, etc. prevent effective screening when employing the standards of section 21- 216. Type A screening requirements established in section 21-215(1)(b)1.-- 4. are applicable to the front yard of the operational area of the facility. Notwithstanding the screening requirements of this section, the preservation of existing vegetation as outlined in section 21-218 shall be depicted of the site plan as appropriate. Applicability of screening and buffering standards of this section are not preempted when adjacent tracts are in common ownership or a tract is subdivided in an attempt to circumvent these requirements.

Tagged Passions:facility, zoning, preservation, and property

2.
ii. Expansions to existing facilities. Contiguous expansions of facilities regulated under this subsection, which existed prior to August 16, 2004, are subject to the land use relationships established in section 21-216.

h. (8) Separation. The facility shall be no closer than one-half (1/2) mile from a church, licensed daycare, public or private school, health care facility, public park or existing inhabited dwelling. The distance shall be measured from any portion of the property dedicated or utilized for the function of the church, licensed daycare, public or private school, health care facility, public park or existing inhabited dwelling including but not limited to buildings, recreation and parking areas, etc. and the nearest point of the operational area of the proposed facility. The standards of this item are not applicable to expansions of facilities regulated under this subsection, which are contiguous to the facilities that existed prior to August 16, 2004. b. Winery. Facilities must be operated in association with an on-site vineyard sufficient to serve as the primary crop source in the production. 1. Setbacks. The facility shall meet the setback requirements of Section

Tagged Passions:health, facility, expansion, preschool, agriculture, church, property, education, license, Child Care, parking, and recreation

21-84. (Table of dimensional requirements) 2. Screening. The facility shall meet the screening requirements of

Article IX. (Screening and Buffering) 3. Licenses and permits. All required licenses and permits (i.e. Environmental Health, ABC, etc.) shall be obtained prior to operation of the facility. (4) Electric, Gas, and Sanitary Services. a. Electric, gas and water services (SIC 491), all except Solar Energy Systems, Gas Production and Distribution (SIC 492), Combination electric and gas and other utility (SIC 493, 494), sewerage systems (SIC 4952), dumps, sanitary land fills, rubbish collection and disposals refuse systems (SIC 4953 pt.), and Land Clearing and Inert Debris Landfill [LCID] (SIC 4953 pt.). 1. Setbacks. All improved areas, including disposal areas, shall be at least two hundred (200) feet from a zone lot line.

Tagged Passions:health, facility, landfill, utility, solid waste, Utility, services, water, electric, environment, license, solar power, and energy

2.
Separation. Improved areas shall be at least three hundred (300) feet from any residence, church, or school.

Staff Comments Option for non bona-fide farm and ones that do not meet SR standards.

Tagged Passions:agriculture, church, and education

Clarification of uses and inclusion of LCID use.

Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 18

3.
Dust, odor, glare. All access roads and storage areas shall be at least twenty (20) feet from any property line constructed with a paved, gravel, or crushed stone surface; and maintained in a dust-free manner.

No additional detail provided

Tagged Passions:streets and property

4.
Operation. An information sign shall be posted and maintained at the entrance(s) which lists the name and phone number of the operator, types of material accepted, and hours of operation.

No additional detail provided

5.
Security restrictions. Access shall be controlled through the use of gates, fences, etc. to prevent unregulated dumping of materials.

No additional detail provided

Tagged Passions:security, solid waste, and materials

6.
Other special conditions. Proof of a permit issued by the state in accordance with applicable provisions of the General Statutes.

No additional detail provided

7.
LCID operations. The following LCID landfill operations are not subject to the specific standards of this subsection but shall nonetheless adhere to applicable NCDEQ standards:

i. Landfills with a disposal area of .50 acre or less; or

Tagged Passions:landfill and solid waste

ii.
Beneficial fill used to improve the property s land use potential where no excavation of soil is proposed or has occurred within the area receiving fill.

No additional detail provided

Tagged Passions:property

b.
Ground mounted solar energy systems over 6,000 sq.ft. (SIC 491 pt.)

No additional detail provided

Tagged Passions:solar power and energy

1.
Setbacks. Solar collectors shall be located a minimum of fifty (50) feet from adjoining property lines.

No additional detail provided

Tagged Passions:property

2.
AZO. Systems proposed within the portion of the approach surface contained by the horizontal surface of the AZO shall provide an approved FAA form 7460-1.

No additional detail provided

(5) Wholesale trade group. a. Motor vehicle parts (outdoor), used in the IND district (SIC 5015).

Tagged Passions:trade

1.
Operation. Operations, including but not limited to, storage of dismantled motor vehicles or motor vehicle parts or keeping of junk which are not fully contained within a building enclosed on all sides shall be subject to the standards of this subsection.

No additional detail provided

1.
2. Setbacks. No material shall be stored closer than one hundred (100) feet to a public right-of-way.

No additional detail provided

Tagged Passions:commercial

2.
3. Security fencing. Security fencing, a minimum of six (6) feet in height, shall be provided and maintained to preclude unauthorized access.

No additional detail provided

Tagged Passions:security

b.
Motor vehicle parts (outdoor), used in the RA district (SIC 5015).

No additional detail provided

1.
Operation. Operations, including but not limited to, storage of dismantled motor vehicles or motor vehicle parts or keeping of junk which are not fully contained within a building enclosed on all sides shall be subject to the standards of this subsection and section 21-246.

No additional detail provided

1.
2. Front yard setback. The facility shall be one hundred (100) feet from the edge of the right-of-way.

Staff Comments LCID standards applicable if over acre. Adding the indoor option requires modification to these sections. Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 19 2. 3. Separation from certain uses. The facility shall be a minimum of one thousand (1,000) feet from a school, residence, church or place of public assembly. The separation shall be measured from the closest point of the structure containing the school, residence, church or place of public assembly and the nearest point of the operational area of the automobile salvage yard. This requirement shall not apply to residences owned by the operator of the facility.

Tagged Passions:facility, transportation, church, and education

3.
4. Side and rear yard buffering and screening. The facility shall be completely surrounded by type B buffer and screening, as provided in article IX.

No additional detail provided

Tagged Passions:facility

4.
5. Operational area. No operations shall occur in the required buffer.

No additional detail provided

c.
Livestock yard.

No additional detail provided

Tagged Passions:livestock

1.
Setbacks. One hundred (100) feet between improvements such as buildings, animal enclosures, and storage areas and any zone lot line.

No additional detail provided

2.
Dust, odor, glare. All access roads and storage areas shall be maintained in a dust-free manner.

No additional detail provided

Tagged Passions:streets

d.
Chemical and allied products (SIC 516) and petroleum and petroleum related products (SIC 517). This item was repealed effective August 16, 2004. Refer to section 21-60(2) for requirements regulating these uses.

(7) Services group.

Tagged Passions:Fossil Fuels - Oil and services

a.
Archery ranges, Shooting shooting ranges, skeet ranges, trapshooting facilities and similar establishments including turkey shoots (outdoor) (SIC 7999 pt). The requirements for all facilities requiring a conditional use permit are as follows. Turkey shoots operated by churches, civic groups or similar nonprofit organizations are exempt from these requirements.

No additional detail provided

Tagged Passions:church

1.
Shot containment. Shooting range facilities shall be designed to contain all the bullets, shot, or arrows or any other debris on the range facility.

No additional detail provided

Tagged Passions:facility

2.
Noise mitigation. Noise levels measured at the property line where the facility is maintained or, in the case of leased land at the property line of any leased parcel shall not exceed the limits as provided in the county noise ordinance.

3. Setbacks. Notwithstanding the performance standards above, all shooting stations on a range facility shall be located a minimum of three hundred (300) feet from any zone lot line for firearm facilities and one hundred (100) feet for archery facilities. All targets shall be a minimum of fifty (50) feet from any property line.

Tagged Passions:gun control, ordinance, facility, leasing, grocery, performance, property, Gun Control, and noise

4.
Warning signs. Warning signs meeting NRA guidelines for shooting ranges shall be posted at one-hundred-foot intervals along the entire perimeter of the shooting range facility. The signs shall be constructed of highly visible materials and colors.

No additional detail provided

Tagged Passions:gun control, facility, materials, and Gun Control

5.
Hours of operation. Shooting ranges shall be allowed to operate between sunrise and sunset, except that the hours may be extended for other purposes as follows:

Staff Comments No need for reference. Combining existing standards for different types of ranges. Target setback from archery range standards.

Tagged Passions:grocery

From archery standards.

Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 20 i. When a permit allowing such activity is issued in advance by the administrator;
Tagged Passions:administrator

ii.
For operation of the shotgun shooting range; or iii. For purposes of subdued-lighting certification of law enforcement

officers; and iv. On Sundays, shooting shall not commence before 12:30 p.m.
Tagged Passions:gun control and Gun Control

6.
Additional site plan information. Complete layout of each range, including shooting stations or firing lines, target areas, shotfall zones or safety fans, backstops, berms and baffles, projected noise contours for firearm shooting ranges, and existing and proposed structures, occupied dwellings within one-fourth mile, roads, streets, or other access areas, buffer areas, and parking areas for the range facility.

7. Additional requirements for pistol/rifle shooting ranges. Projectiles from pistol/rifle shooting areas shall be contained by an earthen berm or existing natural topography a minimum of fifteen (15) feet in height. 8. Exceptions. Operational hours may be increased under the following conditions: i. A permit allowing such activity is issued in advance by the administrator;

Tagged Passions:gun control, facility, streets, administrator, Gun Control, noise, and parking

or ii. The hours of operation may be increased no more than six (6) times a

year for an official shooting tournament involving thirty (30) or more participants, without requiring a permit from the administrator. 9. Lighting. Lighting shall be located and designed to prevent light from directly shining on adjacent residential property.
Tagged Passions:property and administrator

10.
Licenses and permits. All required and permits shall be obtained prior to operation of the facility.

No additional detail provided

Tagged Passions:facility and license

11.
Trail marking. All trails for archery ranges shall be clearly marked to the shooting stations and shooting station signs shall be clearly visible.

No additional detail provided

Tagged Passions:trails

12.
Insurance. The organization shall maintain a minimum of one million (1,000,000.00) dollars general premises liability insurance for accident or damage suffered by persons on or near the site.

No additional detail provided

Tagged Passions:insurance

c.
Zoological garden (SIC 8422).

No additional detail provided

Tagged Passions:zoo

1.
Site plan. A site plan shall be provided showing all fencing, exhibit and storage areas, with types of animals specified.

2. Minimum lot size. The minimum lot size is twenty (20) acres.

3.
Smoke, odors, dust. Operations shall not create any smoke, odors, or dust at a level which creates a nuisance to any person or normal sensitivities at the property lines.

No additional detail provided

Tagged Passions:property

4.
Setbacks. All animal waste storage areas shall be a minimum of two hundred (200) feet from any zone lot line.

No additional detail provided

5.
Security restrictions. Access shall be controlled through the use of gates,

Staff Comments

Tagged Passions:security

From archery standards.

Rowan County Board of Commissioners ZTA STA 01-19 August 19, 2019 Page 21

fences, etc. to prevent entrance by unauthorized persons. Containment of animals shall be sufficient to ensure the safety of the surrounding area and the county.

No additional detail provided

d.
Nonprofit athletic fields Membership sports and recreation clubs (SIC 7997 part). The requirements of this section shall not apply to uses that comply with section 21-56(9)(b)

No additional detail provided

Tagged Passions:athletics, sports, and recreation

1.
Site plan. A site plan shall be required as provided in article III, section 21- 52.

2. Buffering. All parking areas shall be screened by a type A buffer from residentially zoned area.

Tagged Passions:zoning and parking

3.
Nonprofit status. The organization shall be non profit.

No additional detail provided

3.
4. Lighting. Lighting shall be located and designed to prevent light from directly shining on adjacent residential property.

No additional detail provided

Tagged Passions:property

e.
Archery ranges (SIC 7999 pt.).

No additional detail provided

1.
Arrow containment. The range shall be so constructed as to contain all arrows on the site. This shall be accomplished via berms or natural topography.

2. Setbacks. All targets shall be a minimum of fifty (50) feet from zone lot line and all shooting stations shall be a minimum of two hundred (200) feet from the zone lot line.

Tagged Passions:grocery

3.
Warning signs. Warning signs shall be posted at one hundred-foot intervals along the entire perimeter of the site. The signs shall be constructed of highly visible materials and colors.

No additional detail provided

Tagged Passions:materials

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