NC - Rowan: ROWAN COUNTY COMMISSION AGENDA

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ROWAN COUNTY COMMISSION AGENDA

ROWAN COUNTY COMMISSION AGENDA September 16, 2019 - 6:00 PM J. Newton Cohen, Sr. Room

Tagged Passions:boards and commissions

J.
Newton Cohen, Sr. Rowan County Administration Building 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. Consider Approval of the Minutes: September 3, 2019
Tagged Passions:voting

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Consider Approval of Consent Agenda

A.
Proclamation for Young Marines Red Ribbon Week 2019 B. Tax Refunds for Approval C. Acceptance of Increased NC Museum of Natural Sciences Grant Award D. Schedule Public Hearing for Z 07-19 for October 7, 2019 E. Request Approval of the Local Government Grant Agreement with Chewy F. Purchase of Grounds Maintenance Equipment for Parks G. Request Approval of the Company Performance Agreement with Chewy H. Proclamation for Constitution Week I. Juvenile Crime Prevention Council Funding Plan J. Approve Attached Bid Tabulation and Award Bid to Gilbert Engineering

Company K. Approve Attached Budget Amendment For The Chewy Project

Tagged Passions:rfp, RFP, funding, grant, recognition, equipment, council, budget, taxes, Taxes, performance, purchasing, parks, hearing, military, and crime

L.
Authorize Staff to Pay Up To 52,981.85 from CDBG for Chewy Sewer Project

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Tagged Passions:sewer, utility, Utility, and cdbg

M.
Authorize County Manager to Enter Into Contract With Gilbert Engineering Company for the Chewy Sewer Project

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Tagged Passions:sewer, utility, Utility, contract, administrator, and manager

2
Public Comment Period

3 Public Hearing: FY'21 Transportation Grant Applications 4 Public Hearing to Consider Changes to Personnel Ordinance and Resolution to
Tagged Passions:grant, ordinance, personnel, transportation, and hearing

Dissolve Personnel Commission 5 Quasi-judicial Hearing for CUP 03-19: China Grove Solar LLC 6 Consider Approval of SNIA 04-19 Theo Pretorius 7 Approval of Direction for Transportation Management Services 8 Budget Amendments

Tagged Passions:boards and commissions, budget, personnel, transportation, services, and hearing

9
Closed Session

For Attorney-Client Privileged Communication Regarding a Pending Lawsuit Pertaining to the County Line

Tagged Passions:legal, communications, and Communications

10
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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MEMO TO COMMISSIONERS:

FROM: Carolyn Barger, Clerk to the Board DATE: September 9, 2019 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: Carolyn Barger, Clerk to the Board DATE: September 9, 2019 SUBJECT: Consider Approval of the Minutes: September 3, 2019

ATTACHMENTS: Description Upload Date Type September 3, 2019 Minutes 9/11/2019 Cover Memo

Greg Edds, Chairman Aaron Church, County Manager

Jim Greene, Vice- Chairman Carolyn Barger, Clerk to the Board Mike Caskey John W. Dees, II, County Attorney Judy Klusman Craig Pierce Rowan County Board of Commissioners 130 West Innes Street Salisbury, NC 28144 Telephone 704-216-8180 Fax 704-216-8195 Equal Opportunity Employer

Tagged Passions:legal, streets, hotel, church, administrator, manager, and body art

MINUTES OF THE MEETING OF THE ROWAN COUNTY BOARD OF COMMISSIONERS

J.
NEWTON COHEN, SR. ROWAN COUNTY ADMINISTRATION BUILDING

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Present: Greg Edds, Chairman

Jim Greene, Vice-Chairman Mike Caskey, Member Judy Klusman, Member Craig Pierce, Member County Manager Aaron Church, Clerk to the Board Carolyn Barger, County Attorney Jay Dees and Assistant County Manager/Finance Director Leslie Heidrick were present. Chairman Edds convened the meeting at 3:00 p.m.

Tagged Passions:finance, legal, church, administrator, manager, and body art

Chaplain Michael Taylor provided the Invocation.

Chairman Edds led the Pledge of Allegiance.

CONSIDER ADDITIONS TO THE AGENDA

Chairman Edds added a Proclamation Honoring the Rowan Little League Softball Team to the agenda as Item 2a. Chairman Edds added a Prenatal Dental Grant Request From the Health Department to the Consent Agenda as Item O.

Tagged Passions:grant, health, and recognition

CONSIDER DELETIONS FROM THE AGENDA There were no deletions from the agenda.

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CONSIDER APPROVAL OF THE AGENDA With no further additions or deletions to the agenda, the Board unanimously voted to approve the agenda.

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CONSIDER APPROVAL OF THE MINUTES Commissioner Klusman moved, Commissioner Greene seconded and the vote to approve the minutes of the August 5, 2019 and August 19, 2019 Commission Meetings passed unanimously.

Tagged Passions:boards and commissions

1.
CONSIDER APPROVAL OF CONSENT AGENDA Commissioner Klusman moved approval of the Consent Agenda as amended. The motion was seconded by Commissioner Greene and passed unanimously.

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The Consent Agenda consisted of the following:

A.
Permission To Apply To Walmart Foundation For Grant For Shop With A Cop B. Environmental Health Tort Claim C. Request for Public Hearing to Consider Revisions to Personnel Ordinance and

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Tagged Passions:grant, health, ordinance, grocery, personnel, environment, hearing, and large retail

Approval of Resolution D. 2019 Salisbury-Rowan Community Foundation Grant Request E. Schedule Quasi-judicial Hearing for CUP 03-19 Five Year Vested Rights

Request for September 16, 2019 F. Permission to Apply for The Foundation for The Carolinas Grant for Night Vision
Tagged Passions:grant, strategic, and hearing

Goggles G. Permission to Apply for The Foundation For The Carolinas Grant for Shop With A

Cop H. Mt. Mitchell FD Approval and Written Contract I. Rowan-Salisbury School System School Nursing Services Contract J. Nazareth Child and Family Connections Foster Care Contract K. Schedule Public Hearing Regarding Intent to Enact a Six Month Moratorium for

Tagged Passions:grant, contract, fire departments and districts, services, hearing, and education

Establishing or Expanding Ground Mounted Solar Energy Systems for October 7, 2019

WHEREAS, North Carolina General Statutes 153A-34 delegates the authority to govern Rowan County, NC to the Rowan County Board of Commissioners; and, WHEREAS, North Carolina General Statutes 153A-340 grants North Carolina counties the power to enact zoning and development regulations, for the purpose of promoting health, safety, morals, or the general welfare; and,

Tagged Passions:grant, health, regulation, development, zoning, Development, solar power, and energy

WHEREAS, the Rowan County Board of Commissioners adopted a zoning ordinance and maps on January 19, 1998 with an effective date of February 16, 1998 that established planning and zoning requirements and procedures for zoning in the unincorporated areas of Rowan County, NC outside the zoning jurisdiction of municipalities; and,

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Tagged Passions:planning, ordinance, zoning, and procedure

WHEREAS, the Rowan County Board of Commissioners enacted amendments to its Zoning Ordinance on March 4, 2013 that established specific conditional use requirements for Ground Mounted Solar Energy Systems over 6,000 square feet in area; and,

WHEREAS, twelve (12) separate applications for Ground Mounted Solar Energy Systems over 6,000 square feet in area have been considered and approved by the Rowan County Commission during this six and one-half (61/2 ) year period; and, WHEREAS, during said time period the scale and size of projects have increased and likewise, complaints and concerns from the general public have increased relative to dust and erosion, vehicular congestion during construction, and decommissioning of these facilities when no longer operational; and,

Tagged Passions:ordinance, construction, boards and commissions, zoning, solar power, energy, and traffic

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WHEREAS, the Rowan County Board of Commissioners will direct the Rowan County Planning Board to study, prepare and recommend text amendments to the Rowan County Zoning Ordinance standards that consider the aforementioned concerns along with scale, size and location of these facilities in Rowan County's planning jurisdiction; and,

WHEREAS, North Carolina General Statute 153A-340(h) authorizes counties to adopt temporary moratoria on any development approval required by law provided the duration is reasonable to correct, modify or resolve such conditions necessitating the moratorium. NOW, THEREFORE BE IT RESOLVED, that the Board of County Commissioners of Rowan County, North Carolina, will conduct a public hearing at its October 7, 2019 meeting to receive public comment regarding its intent to adopt an ordinance enacting a temporary moratorium for a six (6) month period beginning October 7, 2019 and ending April 7, 2020 to allow development of amendments to the Rowan County Zoning Ordinance related to establishing or expanding a Ground Mounted Solar Energy System..
Tagged Passions:planning, ordinance, development, zoning, Development, hearing, solar power, and energy

BE IT FURTHER RESOLVED, pursuant to NCGS 153A-340(h) the public is hereby advised the call for a public hearing has been established and Rowan County will not accept applications for any building, electrical, soil erosion and sedimentation control plan or a zoning permit to establish or expand Ground Mounted Solar System in excess of 6,000 square feet in size until either the moratorium has expired or adoption of amendments has occurred; and,

BE IT FURTHER UNDERSTOOD, this moratorium is not applicable to the statutory allowance for placing solar collectors on residential property as per NCGS 153A-144.
Tagged Passions:zoning, property, and hearing

L.
Proclamation for Patriot Day A Day of Remembrance September 11, 2001

WHEREAS, on Tuesday September 11, 2001, terrorists attacked the United States of America in a series of senseless, cowardly, and despicable acts of war, directed at innocent men, women and children in the World Trade Center complex in New York City, the Pentagon in Washington D.C. and on board four passenger jets, resulting in the tragic loss of life of thousands of U.S. citizens and foreign nationals; and

Tagged Passions:recognition, military, and trade

WHEREAS, in the aftermath of the attacks, the people of the United States stood united in providing support for those in need, inspired by the heroic sacrifices of our firefighters, rescue and law enforcement personnel, military service members, and other citizens; and

WHEREAS, September 11th should not only be remembered as a day of great tragedy but also as a day of triumph, courage, kindness, love, hope and freedom, and as a reminder of the newfound unity, focus and strength in our Nation; and WHEREAS, by U.S. House Joint Resolution 71 signed into law on December 18, 2001 (Public Law 107-89), Congress authorized and requested the President to designate September 11th of each year as Patriot Day and to call upon state and local governments to observe Patriot Day by displaying the flag of the United States at halfstaff and by observing a moment of silence at 8:46 a.m. marking the first plane crash. NOW, THEREFORE, BE IT PROCLAIMED, that the Rowan County Board of Commissioners does hereby declare September 11, 2019 as Patriot Day in Rowan County and encourages all citizens to honor and respect the innocent victims of September 11, 2001 and to salute the heroism of public safety and rescue workers, volunteers, local officials, and those who responded to the tragic events with courage, selfless compassion, determination and undying patriotism.
Tagged Passions:personnel, public safety, fire departments and districts, events, military, and volunteer

M.
Custodial Worker Positions N. Purchase of Vehicles for Sheriff s Office O. Prenatal Dental Grant Request From Health Department (Addition to the Consent

Agenda)

Tagged Passions:grant, health, public safety, and purchasing

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2. PUBLIC COMMENT PERIOD Chairman Edds opened the Public Comment Period to entertain comments from any citizens wishing to address the Board. With no one coming forward, Chairman Edds closed the Public Comment Period.

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ADDITION 2a. PROCLAMATION HONORING THE ROWAN LITTLE LEAGUE SOFTBALL TEAM Commissioner Greene read the following Proclamation, which he submitted in the form of a motion:

WHEREAS, the Rowan Little League Softball Team, under Manager Steve Yang and Coaches Josh Schaen and Chris Evans, is to be recognized and honored for their outstanding 2019 softball season; and WHEREAS, by their astonishing efforts and incredible athleticism, this dynamic team consisting of players Riley Haggas, Lexie Ritchie, Kennedi Fisher, Avrelle Harrell, Emma Rae Cline, Lauren Vanderpool, Cadence Lane, Andie Evans, Ashley Yang, Kassidy Sechler, Kynlee Dextraze, Carmen Freeze, Arabelle Shulenberger, and Campbell Schaen have won the North Carolina District 2 Championship, the North Carolina State Championship, and the Southeast Region Championship, earning them a playoff berth in the Little League Softball World Series; and WHEREAS, this exceptional team traveled to Portland, Oregon where they represented Rowan County in the Little League Softball World Series and ended an amazing season on August 14, 2019 as the Little League Softball World Series Champions; and WHEREAS, the excellent performance, dedication and commitment of these Rowan County young ladies, along with their coaching staff, have proven to be a source of admiration and inspiration to the youth and citizens of Rowan County. NOW, THEREFORE BE IT PROCLAIMED, that the Rowan County Board of Commissioners does hereby honor the Rowan Little League Softball Team and its Coaching Staff for their astounding achievements and commends them for their display of sportsmanship and leadership for Rowan County.
Tagged Passions:recognition, travel, performance, manager, and youth

The motion to approve the Proclamation was seconded by Commissioner Klusman and passed unanimously.

Chairman Edds said the Team had participated in the World Series four (4) out of the last five (5) years and had won the World Series two (2) of the five (5) years. Chairman Edds said the Commissioners had been invited to join Salisbury City Council and the Team later in the evening to celebrate the Team s accomplishments. Chairman Edds said each player would be presented with a Proclamation at the celebration.

Tagged Passions:recognition and council

3.
PUBLIC HEARING FOR ZTA STA 01-19 Assistant Planning Director Shane Stewart presented the staff report regarding ZTA and STA 01-19. Using a power point, Mr. Stewart discussed recommendations regarding the 2009 Western and 2012 Eastern Land Use Plan(s) (LUP). The recommendations regarding Highway, Rural, and Home-Based Business uses included qualifying language such as encourage and consider with the more absolute should in its assessment. References included both specific changes for various aspects of development in certain zoning districts and a broad perspective in future district identification.

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Tagged Passions:planning, rural, business, development, zoning, Development, and hearing

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Mr. Stewart said staff also proposed 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 LUP and those identified by staff. Proposed amendments to the statements of consistency and definition of a subdivision were in response to the recent adopted changes to the North Carolina General Statutes.

Tagged Passions:landfill, solid waste, subdivision, events, and trade

Mr. Stewart said existing text proposed for deletion appeared as highlighted with strikethroughs while new text appeared as bold red text.

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Mr. Stewart said the Board must develop a statement of consistency describing whether its action was consistent with any adopted comprehensive plans and indicate why their action was reasonable and in the public interest.

According to Mr. Stewart, Committee B of the Planning Board met on March 12, 2019 and April 3, 2019 to consider the staff initiated text amendments. Other than the building percentage of 10 screening requirement threshold of 100 for RHO uses, Committee B unanimously recommended approval of the proposed text changes. No public comments were received during the courtesy hearing held by the Planning Board on June 24, 2019. The Planning Board voted unanimously to recommend approval of the staff proposed text amendments with the exception of retaining the 10 structure size standard for RHOs subject to the following statement of consistency: The proposed amendments are appropriate and meet the needs of Rowan County not provided in the Eastern and Western Land Use Plan. The updated definitions of the different zoning types protect and provide specifics to a business on residential properties which allows staff to provide better clarification. Following a brief question and answer session with Mr. Stewart, Chairman Edds opened the public hearing to receive citizen input regarding the proposed text amendments. With no one wishing to address the Board, Chairman Edds closed the public hearing.

Tagged Passions:planning, business, strategic, zoning, and hearing

With no further discussion, Chairman Edds moved approval of the statement of consistency (as recommended by the Planning Board): The proposed amendments are appropriate and meet the needs of Rowan County not provided in the Eastern and Western Land Use Plan. The updated definitions of the different zoning types protect and provide specifics to a business on residential properties which allows staff to provide better clarification. The motion was seconded by Commissioner Pierce and passed unanimously.

Tagged Passions:planning, business, zoning, and body art

Commissioner Klusman moved approval of ZTA and STA 01-19. The motion was seconded by Commissioner Pierce and passed unanimously.

The text amendments were approved as follows:
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AMENDMENTS TO CHAPTER 21: ZONING ORDINANCE

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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. 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.

No additional detail provided

Tagged Passions:rural, ordinance, business, economic development, budget, sale, agriculture, development, industrial, zoning, procedure, and Development

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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. 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.

No additional detail provided

Tagged Passions:planning, construction, development, zoning, transportation, procedure, Development, hearing, commercial, compliance, noise, and parking

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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 to concrete, brick, concrete block, uncontaminated soil, rock, or gravel.
Tagged Passions:zoning and watershed

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 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.

No additional detail provided

Tagged Passions:business and trade

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 land use regulations appropriate for outlying
Tagged Passions:regulation, rural, agriculture, and zoning

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 instances of non-residential uses intermingled.

Tagged Passions:rural, agriculture, and housing

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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,

No additional detail provided

Tagged Passions:industrial

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 growth 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 business opportunities typically in the

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

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 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, services, employment, 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; (3) Property address; (4) Adjoining deeded properties and their uses; (5) Existing structures; (6) Proposed structure with size;

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

10
(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; (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; (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, environment, Development, commercial, administrator, traffic, easement, parking, recreation, and stormwater

(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].
Tagged Passions:regulation, rural, zoning, and administrator

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; b. All manufacturing uses listed as SR except sawmills (SIC 242); c. All wholesale trade uses listed as SR except farm supplies (SIC 5191); d. All retail trade uses listed as SR; e. All finance, insurance and real estate uses listed as SR; and

Tagged Passions:construction, finance, agriculture, insurance, and trade

11
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.
Tagged Passions:business, streets, zoning, and property

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.

Tagged Passions:regulation, business, zoning, and license

12
(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:ordinance, business, and property

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

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.

No additional detail provided

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). 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,

13
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.

(9) (10) Additional standards applicable to specific uses listed as SR in the unclassified uses group.

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

No additional detail provided

Tagged Passions:alcohol and agriculture

4.
Setbacks. The facility shall meet the setback requirements of Section 21-84. (Table of dimensional requirements)

No additional detail provided

Tagged Passions:facility

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 subsection.

No additional detail provided

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

No additional detail provided

Tagged Passions:materials

14
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 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.

No additional detail provided

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.

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

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) 3. Licenses and permits. All required licenses and permits (i.e. Environmental Health, ABC, etc.) shall be

No additional detail provided

Tagged Passions:health, facility, environment, and license

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:facility, landfill, utility, solid waste, Utility, services, water, electric, solar power, and energy

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

No additional detail provided

Tagged Passions:church and education

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

15
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.

(5) Wholesale trade group.

Tagged Passions:trade

a.
Motor vehicle parts (outdoor), used in the IND 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.

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.

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

No additional detail provided

Tagged Passions:facility, leasing, property, and noise

16
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:

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
Tagged Passions:gun control, public safety, and Gun Control

iv.
On Sundays, shooting shall not commence before 12:30 p.m.

No additional detail provided

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:

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

i.
A permit allowing such activity is issued in advance by the administrator; 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, 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

Tagged Passions:security

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

17
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

4.
Site plan. In addition to general site plan criteria the site plan shall include shooting stations and firing lines, target areas existing and proposed structures.

No additional detail provided

5.
Trail marking. All trails shall be clearly marked to the shooting stations and shooting station signs shall be clearly visible.

No additional detail provided

Tagged Passions:trails

6.
Nonprofit status. The organization shall be nonprofit. For profit archery ranges shall meet the same standards as shooting ranges.

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

Tagged Passions:property

8.
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

9.
Insurance. The organization shall obtain 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

10.
Lot size. Minimum lot size shall be ten (10) acres.

No additional detail provided

11.
Zoning district. The facility shall be located in the RA zoning district.

f. e. Civic, service and social fraternities (SIC 8641). 1. Location. The facility will be located on and be accessed via a collector minor or major thoroughfare.

Tagged Passions:facility and zoning

1.
2. Buffers. All buildings off street parking and service areas will be separated by a type A buffer from an abutting property in a residential zoning district or abutting a residential use.

No additional detail provided

Tagged Passions:zoning, property, and parking

2.
3. Site plan. A site plan is required.

3. 4. Lot size. The minimum zone lot size shall be two (2) acres.

4.
5. Setbacks. Structures shall have fifty (50) feet side and rear yard setbacks.

No additional detail provided

5.
6. Provision of food and refreshments. Provision for food, refreshment and entertainment for club members and their guests may be allowed in conjunction with this use if the board of commissioners determines that said provisions will not constitute a nuisance.

g.
f. Model automobile racing. Use of these vehicles on a personal basis shall not be regulated in this section.

1. Minimum lot size. The minimum lot size shall be three (3) acres.

Tagged Passions:transportation

2.
Setbacks. A fifty-foot separation from operational area to adjacent properties and road rights-of-way.

No additional detail provided

Tagged Passions:streets

3.
Screening. Type A screen is required around operational area.

No additional detail provided

4.
Noise. The operation shall not exceed the maximum allowable noise levels as provided in section 21-241.

No additional detail provided

Tagged Passions:noise

5.
Facility. Track operation must be outdoors. Indoor operations must be located in the NB, CBI, or IND zoning districts. The zoning administrator shall determine elements that constitute indoor.

No additional detail provided

Tagged Passions:facility, zoning, and administrator

h.
g. Rodeos, horse shows, rental of saddle horses, riding academies and schools, and riding stables and similar uses (SIC 7999 (part)).

No additional detail provided

Tagged Passions:pets, rental, and education

1.
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 line.

No additional detail provided

Tagged Passions:property

2.
Setbacks. All animals and animal storage areas shall be a minimum of one hundred (100) feet from any zone lot line.

No additional detail provided

3.
Parking. Adequate off-street parking shall be provided for participants and spectators.

No additional detail provided

Tagged Passions:streets and parking

4.
Noise. Noise shall not exceed the level allowed in the county noise ordinance for residential districts and Chapter 14 of the Rowan County Code of Ordinance for any associated amplified sound.

(17) Event center.

Tagged Passions:ordinance, events, and noise

a.
Minimum lot size. The minimum lot size shall be five (5) acres.

No additional detail provided

18
b. Public road frontage. The event center property is required to have at least thirty-five (35) feet of frontage on a publicly maintained road.

No additional detail provided

Tagged Passions:streets, zoning, events, and property

c.
Setbacks. All operational areas with the exception of the driveway shall be a minimum of one hundred (100) feet from property lines.

No additional detail provided

Tagged Passions:property

d.
Parking. Adequate off-street parking shall be provided for all attendees.

No additional detail provided

Tagged Passions:streets and parking

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

No additional detail provided

Tagged Passions:property

f.
Noise. Amplified sound is subject to Chapter 14 of the Rowan County Code of Ordinances.

No additional detail provided

Tagged Passions:ordinance and noise

Sec. 21-65. General criteria for uses listed SR in the NB District in section 21-113.

Uses listed as SR in the NB District in section 21-113, the table of uses, 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. As well as all criteria required herein. (2) Lighting. The lighting shall be shielded to prevent light and glare spillover to adjacent residentially developed properties. (3) Minimum zone lot size. The minimum zone lot size shall be two (2) acres. The Board of Commissioners may reduce this if the lot is a lot of record existing at the effective date of this ordinance and the property owner does not own contiguous property which may be included in the proposal. (4) Building size. The maximum building size per parcel shall not exceed ten (10) percent of the total zone lot area up to a ten thousand (10,000) square foot building size and five (5) percent of the lot acreage thereafter up to twenty-five thousand (25,000) sq.ft. Multiple buildings may be used in calculating the maximum allowable building size. (5) Impervious surface. The maximum impervious surface shall not exceed sixty-five (65) percent of the lot. (6) Hours of operation. Hours of operation shall not exceed 6:00 a.m. to 11:00 p.m. (7) Parking. Parking shall be as prescribed in article VII, Parking, for that use. (8) Signage. Shall be as prescribed in article VIII, Signs, for the underlying district. (9) Noise. Noise shall not exceed the decibel levels during time periods prescribed in the county noise ordinance for residential districts. section 21-241 for construction, manufacturing, transportation, communications, electric, gas and sanitary services, wholesale, and service uses. (10) Outdoor storage. All outside storage areas including dumpsters shall be:
Tagged Passions:ordinance, construction, transportation, advertising, signage, services, electric, communications, property, Communications, 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.
Notwithstanding other requirements of this subsection, outdoor storage shall be completely screened from adjacent residentially zoned property

(11) Smoke, odors and dust. The use will not create any smoke, odors, or dust at a level discernible at any of its lot lines. (12) Required licenses and permits. The applicant shall provide a copy of all required licenses and permits prior to issuance of a zoning permit. (13) 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 ordinance.

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

(14) Screening and buffering. Screening as required by Sec. 21-216.

(15) Outdoor display. Outdoor display shall be limited to two five thousand five hundred (2,500) (5,000) square feet. Sec. 21-141. Nonconforming family businesses in the RA District. Businesses created required to comply with the provisions of section 21-55(2)c. shall be classified as a legal nonconforming use if a change in the owners family occurs resulting in noncompliance with the requirement of that subsection. (Ord. of 6-29-99) Secs. 21-142 141--21-160. Reserved.

Tagged Passions:business and legal

Sec. 21-166. Table of parking requirements.

No additional detail provided

Tagged Passions:parking

19
SIC MINIMUM PARKING SPACES DU = Dwelling Unit SF = Square Feet ELS = Employee on Largest

Shift Residential Single family dwelling, site built N/A Single family dwelling, modular N/A

Tagged Passions:parking

Manufactured home, individual lot N/A

Manufactured home, MHP 2 spaces/MHP space Duplex, individual 2 space/DU Duplexes, triplexes, quadruplexes, other multi-family developments 2 spaces/DU Home occupations N/A
Tagged Passions:development and Development

Home occupations, rural N/A

Sec. 21-212. Applicability. Unless expressly stated in this chapter, the requirements of this article shall not apply to uses listed as SR in the RA (Rural Agricultural) district, but do apply to uses listed as SR in other districts. The buffering and screening shall be adequate to meet the intent of section 21-211, but shall not exceed one hundred twenty-five (125) percent of the length of the development activity required to install the buffer and screening, unless required on a site plan approved by the board of commissioners. The requirements of this article shall apply to the side and rear yard of the operational area except driveways, sediment ponds, and detention areas unless otherwise indicated herein. Sec. 21-279. Exceptions for certain turkey shoots.

Tagged Passions:rural, agriculture, development, Development, and detention

Turkey shoots operated by churches, civic group or similar nonprofit organizations are exempt from the conditional use requirements of this chapter for shooting ranges, skeet ranges, trapshooting facilities and similar establishments including turkey shoots in article III and in section 21-60 (7)(a) and 21-113, Table of uses.

Sec. 21-285. Accessory structures. Accessory structures in the RA, RR, RS, MHP and MFR zoning districts shall conform to the following regulations, unless otherwise provided in this chapter: (1) Accessory structure footprints including those used as RHOs shall not exceed ten (10) percent of the size of the lot on which it is located. (2) Setbacks shall be based on building size as provided in the following table: (3) Accessory structures shall not be allowed in the required front setback.

Tagged Passions:regulation, zoning, and church

(4) These regulations shall not apply to fences, mailboxes, landscaping features, gazebos and similar structures.

ARTICLE XIV. TEXT AND MAP AMENDMENTS Sec. 21-361. Text amendments.
Tagged Passions:regulation

(a) Generally. The board of county commissioners may amend the terms of this chapter in accordance with this section. Proposals to amend, supplement, modify, or repeal the text of this chapter may be initiated by the board of commissioners, the planning board, or any person. If the review or approval of any state or federal agency is needed, appropriate measures shall be taken to ensure that such agency has an opportunity to provide comments on the proposed amendment prior to action by the board of county commissioners.

Tagged Passions:planning

(b) Planning board action. Any proposed text amendment shall be submitted to the planning department at least fifteen (15) working days prior to the next regular meeting of the planning board if to be considered at that time. The planning board may provide a recommendation to the board of commissioners on all such requests within thirty (30) days of first consideration unless the request is assigned to a planning board subcommittee for further review. Failure of the planning board to transmit its recommendation within thirty (30) days after first consideration of an amendment or a referral by the board of county commissioners may allow the board of commissioners to proceed in its consideration of the amendment without the planning board recommendation.

The planning board shall advise and comment on whether the proposed amendment is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the board of commissioners that addresses plan consistency in accordance Building Square Footage Setback, Side and Rear Yards 0-4,000 10 feet 4,001-8,000 40 feet 8,001 and over 80 feet
Tagged Passions:planning and strategic

20
with options indicated in subsection (c) and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the board of commissioners.

(c) Board of commissioners action. The board of commissioners shall hold a public hearing to consider any ordinance amendment and the planning board recommendation in accordance with Article XII. Prior to adopting or rejecting any zoning amendment, the board of commissioners shall adopt a one of the following statements which shall not be subject to judicial review:

Tagged Passions:planning, ordinance, strategic, zoning, and hearing

(1) A statement approving the zoning amendment and statement describing whether its action is consistent its consistency with an adopted comprehensive plan and explaining why the board considers the action taken to be is reasonable and in the public interest. That statement is not subject to judicial review.;or

No additional detail provided

Tagged Passions:strategic and zoning

(2) A statement rejecting the zoning amendment and describing its inconsistency with an adopted comprehensive plan and explaining why the action taken is reasonable and in the public interest; or

No additional detail provided

Tagged Passions:strategic and zoning

(3) A statement approving the zoning amendment and containing at least all of the following:

No additional detail provided

Tagged Passions:zoning

a.
A declaration that the approval is also deemed an amendment to the comprehensive plan; and

No additional detail provided

Tagged Passions:strategic

b.
An explanation of the change in conditions the governing board took into account in amending the zoning ordinance to meet the development needs of the community; and

No additional detail provided

Tagged Passions:ordinance, development, zoning, and Development

c.
Why the action was reasonable and in the public interest.

No additional detail provided

After adopting the consistency statement, the board of commissioners shall take one (1) of the following actions:

(1) Grant the amendment as requested or modified;

Tagged Passions:grant

(2) Continue the request;

(3) Refer the application, with modifications, back to the planning board for further study and consideration; or

Tagged Passions:planning

(4) Deny the amendment request.

(d) Record of amendments. All approved text amendments shall be recorded in the county zoning ordinance. The administrator shall provide copies of all amendments to the Water Supply Watershed (WS) Overlay provisions upon adoption to the division of water quality.
Tagged Passions:ordinance, utility, Utility, zoning, water, watershed, and administrator

(Ord. of 1-19-98, XV; Amend. of 2-20-06(1); Amend. of 11-2-09; Amend. of 3-5-12)

Sec. 21-362. Map amendments (rezoning).
Tagged Passions:zoning

(a) Generally. The board of county commissioners may amend the terms of this chapter in accordance with this section. If the review or approval of any state or federal agency is needed, appropriate measures shall be taken to ensure that such agency has an opportunity to provide comments on the proposed amendment prior to action by the board of county commissioners.

(b) Purpose and intent. It is the purpose of this section to set forth the procedures whereby the board of commissioners may change the zoning district classification of land after consideration of such factors as changing conditions in the area where the property is located or changes in county plans or policies.

(c) Rezoning criteria. When deciding whether to adopt a proposed rezoning, the primary issue before the planning board and board of commissioners is whether the proposed change advances the public health, safety, or welfare as well as the intent and spirit of the ordinance. Information related to other issues which do not directly affect the public health, safety, or welfare may be declared irrelevant by the chairman and excluded from presentation at the public hearing. In particular, when considering proposed map amendments:

Tagged Passions:planning, health, ordinance, zoning, procedure, property, and hearing

(1) Proposed uses. The planning board and board of commissioners shall not consider any representations made by the petitioner that, if the change is granted, the rezoned property will be used for only one (1) of the possible range of uses allowed in the requested zoning district classification. Rather, the boards shall consider whether the entire range of permitted uses in the requested zoning district is more appropriate than the range of uses allowed in the existing district.

(2) Impact of zoning map change. The boards shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed zoning change on the public at large.

Tagged Passions:planning, grant, zoning, and property

(d) Initiation. The rezoning of property may be initiated by the board of commissioners, the planning board, or by petition of the legal property owner(s) or designated representative.

(e) Filing of petition. Except when initiated by the board of commissioners or the planning board, each petition to rezone a
Tagged Passions:planning, legal, zoning, and property

21
separate, noncontiguous property shall be submitted to the administrator on an approved application form and shall be accompanied by any nonrefundable, applicable fees as established by the board of commissioners.

No additional detail provided

Tagged Passions:property and administrator

(f) Deadline for submittal of application. The completed application package shall be submitted to the planning department at least fifteen (15) working days prior to the next regular meeting of the planning board if to be scheduled for consideration at that time.

Tagged Passions:planning

(g) Withdrawal of petition. Any petitioner shall have the right to withdraw the rezoning petition, in writing, at any time prior to a final decision by the board of commissioners.

(h) Content of application package. Each rezoning petition shall be accompanied by:

Tagged Passions:zoning

(1) Two (2) copies of a map, to scale, which clearly illustrates the subject property to be rezoned; or

(2) Written metes bounds legal description for property(ies) proposed for rezoning; (3) Any other pertinent information as may be required by this article;
Tagged Passions:legal, zoning, and property

(4) Requests for conditional zoning districts shall be accompanied by a site plan as specified in section 21-52.

(i) Staff review. The administrator shall review the rezoning application package, ensure its completeness, and prepare a written staff recommendation concerning the proposed rezoning request. The administrator may consult with other appropriate agencies, including, but not limited to, the NCDOT, the county board of education, and the environmental health division of the county health department, when evaluating rezoning requests. The staff report shall, at a minimum address the following:

Tagged Passions:health, zoning, environment, administrator, and education

(1) Relationship and conformity with any adopted plans and policies;

(2) Consistency with this article and requested zoning district's purpose and intent; (3) Compatibility of all uses within the proposed zoning district classification with other property and conditions in the vicinity; and

Tagged Passions:zoning and property

(4) Potential impact on facilities such as roads, utilities, and schools.

(j) Planning board action. The planning board shall provide a recommendation to the board of commissioners on each rezoning request. The planning board shall advise and comment on whether the proposed amendment is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the board of commissioners that addresses plan consistency in accordance with options indicated in subsection (k) and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the board of commissioners. Rezoning requests for conditional districts or other small-scale rezonings shall also include a statement of reasonableness analyzing the request as a recommendation for adoption by the board of commissioners. Failure of the planning board to transmit its recommendation within thirty (30) days after first consideration of a rezoning or a referral by the board of county commissioners may allow the board of commissioners to proceed in its consideration of the rezoning without the planning board recommendation. The planning board shall make one (1) of the recommendations as provided in this subsection: (1) Grant the rezoning as requested;
Tagged Passions:planning, grant, strategic, streets, utility, Utility, zoning, and education

(2) Grant the rezoning with modifications, including a recommendation to rezone to a more restrictive district than requested; or

Tagged Passions:grant and zoning

(3) Deny the rezoning request.

Tagged Passions:zoning

(k) Board of commissioners action. The board of commissioners shall consider any rezoning petition and the planning board recommendation at an advertised public hearing. Prior to adopting or rejecting any rezoning petition, the board of commissioners shall adopt one of the following statements which shall not be subject to judicial review:

No additional detail provided

Tagged Passions:planning, zoning, advertising, and hearing

(1) A statement approving the rezoning petition and describing its consistency with an adopted comprehensive plan and explaining why the action taken is reasonable and in the public interest; or

No additional detail provided

Tagged Passions:strategic and zoning

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