(A) Permitted uses.
(1) All uses allowed in the underlying zoning districts where the watershed is located, unless specially excluded in division (B) below.
(2) Agriculture, subject to the provisions of the Food Security Act of 1985, 16 U.S.C. §§ 3801 et seq.
(3) Silviculture, using best management practices required to implement the provisions of the Forest Practices Guidelines Related to Water Quality (15A NCAC 01l.0101 through 15A 01l.0209).
(B) Prohibited uses. The Water Supply Watershed Protection Rules specifically exclude the following uses in designated drinking water supply watersheds:
(1) Discharging landfills; and
(2) The storage of toxic or hazardous materials unless a spill containment plan is implemented.
(C) Density and built-upon limits.
(1) Single-family residential development shall not exceed two dwelling unit per acre, as defined on a project-by-project basis. No residential lot shall be less than one-half acre.
(2) All other residential and nonresidential development shall not exceed 24% built-upon area on a project-by-project basis except that up to 10% of the balance of the watershed may be developed to 70% built-upon area on a project-by-project basis. This allocation shall be handled as a special use district zoning permit issued by the Board of Commissioners. In order for the Board of Commissioners to approve a 10/70 request, the following criteria shall be met by the applicant:
(a) The property under consideration shall be zoned for industrial or commercial uses. In the event the proposed development is for public or nonprofit development, educational buildings or facilities, or otherwise serves a significant economic development purpose for the county, the property may be zoned residentially;
(b) The property under consideration shall be served by public water and public sewer to accommodate a densely developed site. In the case where public sewer is not accessible, on-site sewage disposal shall be approved by the County Health Department or the state, whichever applies;
(c) The development proposed shall begin construction within 12 calendar months of the approval of the special use permit. In the event that construction has not commenced within 12 months, the applicant may apply for 1 six-month time extension. This extension may be granted by the Board of Commissioners only upon sufficient information, presented by the applicant, that practicable difficulties beyond the control of the applicant have resulted in a delay in the start of construction;
(d) A site plan shall be submitted showing:
1. The location of all buildings and uses on the property;
2. The location, extent, and types of supporting facilities such as parking lots, driveways, and access streets;
3. The timing of development;
4. The location, extent, and details of landscaped and buffer areas;
5. The positioning of other special purpose areas on the tract; and
6. The petitioners shall incorporate in any future conveyance of the property and file on the public record, a detailed description of the special use and all conditions imposed.
(e) In the event of a significant change from the approved use or site plan, the special use permit shall be invalid and the petitioner shall re-apply to the Board of Commissioners.
(D) Total project area. For purposes of calculating built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.
(1996 Code, § 151.22.1) (Ord. passed 12-20-1993; Ord. passed 1-20-1998; Ord. passed 10-18-1999) Penalty, see § 10.99