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(a) Purpose and intent. The environmentally sensitive area district (ES) is established as a district that overlays areas deemed environmentally sensitive. Development within this overlay district shall comply with the regulations of the underlying zoning district, provisions of this section and any other applicable sections of this article.
(b) Definitions:
(1) Intermittent stream. A natural drainage way, which shows up as a blue line on the USGA 7.5 minute quadrangle maps and has a contributing drainage area of 300 acres or more shall be considered an intermittent stream for purposes of this ordinance.
(2) Perennial stream. Perennial streams are streams that have essentially continuous flows. Perennial streams in the environmentally sensitive area are specifically designated to be Swift Creek, White Oak Creek, Little Creek (from the U.S. 70 Clayton bypass to Swift Creek), and the Little River (from the county line to NC 39).
(c) Delineation of.
(1) Perennial stream buffers. Perennial stream buffers shall be measured from the top of the channel bank and extend landward a minimum distance of 100 feet measured horizontally on a line perpendicular to the water body, subject to the following conditions:
a. The buffer shall be undisturbed and remain forested if currently forested.
b. If the existing buffer is not forested, it shall be maintained in a natural state and allowed to revegetate.
c. There shall be no fill allowed within the buffer area.
(2) Intermittent stream buffers. Intermittent stream buffers shall have two zones as described below:
a. Zone 1 shall be an undisturbed area extending from the channel bank landward a minimum of 30 feet measured horizontally on a line perpendicular to the water body.
b. Zone 2 shall be a vegetative buffer extending from the outer edge of zone 1 landward a minimum of 20 feet measured horizontally on a line perpendicular to zone 1.
(3) Maintenance of buffers. Zone 1 and zone 2 shall be maintained by the landowner or homeowners' association to maintain stormwater sheet flow to the maximum extent practical to provide for diffusion and infiltration of stormwater runoff and filtering of pollutants into the affected stream, consistent with maintenance criteria as set out in the county design manual.
(4) Exemptions. The following are exempt from the stream buffer requirements of this section:
a. Areas that are mapped on the USGS quadrangle map that do not exist on the ground.
b. Ponds and lakes created for animal watering, irrigation of farm lands, or other agricultural uses that are not part of a natural drainageway.
c. Where application of the requirements of this section would prevent all prospective use of a lot platted and recorded prior to May 26, 1998.
d. Water dependent structures that are designed, constructed, and maintained to provide the maximum nutrient removal, have the least adverse affects on aquatic habitats and that protect water quality.
e. Roads, bridges, stormwater management facilities, ponds, and utilities where no other practical alternative exists. These structures shall be so located, designed, constructed, and maintained to have minimal disturbance, provide maximum nutrient removal, provide the least adverse effects on aquatic habitats and protect water quality to the maximum extent possible.
f. Ditches and manmade conveyances other than modified natural streams.
(5) Flood hazard areas. There shall be no development allowed within the areas of special flood hazard as defined in the county flood damage prevention ordinance, which shall be defined as residential and nonresidential structures, including improvements or additions to such structures. However, specifically allowed improvements include public utility structures, buried utilities, roadways and accessways, and recreational facilities as long as no structures are involved.
(d) Density regulations.
(1) Residential development is permitted at an overall density of one dwelling unit per acre (40,000 square feet minimum lot size) of gross land area.
(Ord. of 7-10-2000, § 4.5.2; Ord. of 11-13-2000, § 4.5.2.2; Amend. of 3-7-2005; Amend. of 8-3-2020)
Cross reference—Environment, Ch. 12.
(a) Purpose. The purpose of the regulations of the Interstate Highway Interchange District (IHI) are to provide for the orderly development of commercial and service centers. Businesses in this district are intended to serve the daily conveniences and personal service needs of an immediate, countywide and regional area.
(b) Applicability. Interstate districts shall be defined as a 6,000-foot circle, having a radius of 3,000 feet, measured from the center point of the interchanges along I-40 and I-95.
(c) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Access road means a public or private one-way or two-way road for ingress and/or egress. Such access roads may be of various types including frontage roads, rear access roads, and cul-de-sac. This definition includes secondary roads but does not include driveways.
Interstate highway means any section of a highway that is part of the national system of interstate and defense highways.
(d) Regulation of uses, permitted uses. See section 14-90 for table of permitted uses as a principal use in the interstate highway interchange district. In addition to the uses permitted within the interstate highway interchange are the permitted uses within the underlying district.
(1) Additional specifications.
a. Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.
(e) Conditional zoning districts. For the interstate highway interchange district, a parallel conditional zoning district shall be authorized for establishment, pursuant to G.S. 160D-703. See section 14-90 for table of uses as a special use in the interstate highway interchange special use district. Uses listed as a special use district in the underlying zoning district are permitted as a special use in the interstate highway interchange special use district:
(1) Additional specifications.
a. Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.
b. Outdoor storage must be enclosed by an eight-foot fence; fencing must be opaque or sufficiently screened.
c. Automobile/vehicle junkyards and scrap metal operations shall enclose all storage area by an opaque fence or wall at least ten feet in height
(f) Minimum building setback requirements.
(1) The minimum building setback in the interstate highway interchange district shall be as follows:
a. From any street or access road right-of-way, 30 feet. This street setback requirement applies to all accessory structures, including gasoline pumps, underground tanks, canopies and other similar structures.
b. From interior lot line adjoining nonresidential property, ten feet.
c. From interior lot line adjoining residential property, 50 feet.
d. Parking and loading uses shall not be permitted within 50 feet from the right-of-way line of a street or highway or within 20 feet of any interior lot line.
e. From any access easement, 15 feet.
(g) Maximum building height requirement. The maximum building height for a building shall be:
(1) Adjacent to a residential zoning district shall be 40 feet.
(2) Adjacent to a nonresidential zoning district, no height restrictions.
(h) Landscaping requirements. The county encourages the property owner or developer to initiate a design for proposed development that preserves and/or enhances existing vegetation on the property, especially within required buffer areas so that the proposed development will be visually in harmony with natural forest vegetation along interstate highways and its access roads.
(i) Buffering requirements. All development within the interstate highway interchange district shall conform to the landscaping standards of the design manual and the following:
(1) Landscaping. All property lines shall either be landscaped or be left in a naturally wooded state in accordance with the design manual; and
(2) Screening and fencing. The planning board or board of commissioners, as appropriate, may require additional screening, fencing or natural buffer area to be provided in all or any part of those tracts where there is outdoor storage, outdoor recreation, accessory building, parking, or where any portion of a use or accessory use may be visible from the interstate highway or any streets within the interstate highway interchange district.
(j) Access and circulation. All development within the interstate highway interchange district shall conform to the following requirements:
(1) Principal vehicular access points to a development shall be located and designed to encourage smooth traffic flow and minimize hazard to vehicular traffic, pedestrian and bicycle traffic. Accommodation for controlled turning movements into and out of a development and improvements to the approach street should be considered where existing or anticipated heavy traffic flows indicate need.
(2) Safe and convenient vehicular access shall be provided for emergency, service and school bus vehicles, where appropriate.
(3) Where a lot or tract abuts an arterial or collector road, no ingress or egress shall be allowed from the arterial or collector road if an alternative access is possible from a street of lower classification.
(k) Utilities and outdoor lighting. All utility lines in this district shall be placed underground, with the exception of three-phase electrical lines. All outdoor lighting shall be designed so that the lighting shall be shielded in such a manner that no direct glare from the light source can be seen from an interstate highway and its approach streets.
(Ord. of 7-10-2000, § 4.5.3; Ord. of 7-9-2001; Amend. of 3-8-2004; Amend. of 7-12-04, § B); Amend. of 12-06-2010; Amend. of 9-6-2011; Amend. of - - )
(a) Authority. The state general assembly has, in G.S. 143-214.5 and G.S. ch. 160D, delegated the responsibility and authority to local governmental units to establish water supply watershed protection programs, to regulate land use and development within water supply watersheds and to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
(b) Intent. The water supply watershed protection district (WSW) is to provide, in designated watershed areas, a higher level of control from activities and situations that could degrade the quality of the water entering the Neuse River, as identified in the watershed protection management plan.
(c) Applicability. The provisions of this chapter shall apply within the area designated as a public water supply watershed protection district as defined and established on the map entitled, "Water Supply Watershed Protection District of Johnston County, North Carolina" on the official zoning atlas of the county. Land use and development within this district must comply with all the requirements of this chapter and the underlying zoning district.
(d) Exceptions to applicability. The watershed protection requirements of this section shall not apply to development established prior to January 3, 1994, the date of adoption by the Johnston County Board of Commissioners, except as provided in subsection (g) of this section. Furthermore, these requirements shall not apply to a single-family detached dwelling unit or an accessory dwelling unit already developed on a lot.
(e) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Best management practices means a structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.
Buffer means an area of natural or planted vegetation through which stormwater runoff flows in a diffused manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured from the top of the bank of each side of streams or rivers.
Built-upon area includes that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g., tennis courts), etc. (Note: Wooden slated decks are considered pervious.)
Critical area means the area that drains one-half mile to a water supply, as measured from the normal pool elevation of reservoirs, or the area that drains one-half mile to a river intake.
Development means any land-disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
Discharging landfill means a landfill which discharges treated leachate and which requires a National Pollution Discharge Elimination System (NPDES) permit.
Industrial development means any nonresidential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing a product or commodity.
Major variance means a variance from the minimum statewide watershed protection rules that results in any one of the following:
(1) The relaxation, by a factor of ten percent or greater, of any management requirement under the low-density option;
(2) Any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system.
Minor variance means the relaxation, by a factor of up to ten percent, of any management requirement under the low-density option.
Protected area means the area adjoining and upstream of the critical area in which protection measures are required. The boundaries of the protected area are defined as extending ten miles upstream and draining to water supply or to the ridge line of the watershed whichever comes first.
(f) Permits.
(1) Watershed protection permit.
a. Except where provided for elsewhere in this article, no building or built-upon area shall be erected, moved, enlarged or structurally altered, nor shall any building permit be issued nor shall any change in the use of any building or land be made until a watershed protection permit has been issued. No watershed protection permit shall be issued except in conformity with the provisions of this chapter. This permit shall be filed with the county planning department and shall expire at the end of 12 months if not used.
b. Watershed protection permit applications shall be filed with the county planning department. The application shall include a completed application form and supporting documentation deemed necessary by the department.
(2) Building permit required. Except where provided elsewhere in this article, no building permit required under the state building code shall be issued for any activity for which a watershed permit is required until such permit has been issued.
(3) Watershed occupancy permit.
a. Prior to the occupancy or use of a building erected, altered or moved and/or prior to the change of use of any building or land, the building inspections department shall issue a watershed protection occupancy permit certifying that all requirements of this article have been met.
b. If the watershed protection occupancy permit is denied, the planning director shall notify the applicant in writing stating the reasons for denial.
(g) Existing development; nonconformities. Any existing development, as defined in this article, may be continued and maintained subject to the provisions provided in this article. Expansions to structures classified as existing development prior to January 1, 1994, must meet the requirements of this article; however, the built-upon area of the existing development is not required to be included in the density calculations.
(h) Vacant lots. This category consists of vacant lots for which plats or deeds have been recorded in the office of the register of deeds of the county. Lots may be used for any of the uses allowed in the watershed area in which it is located, provided they can meet the minimum lot size requirements of this article, or have been approved prior to the adoption of this article.
(i) Occupied lots. This category consists of lots occupied for residential purposes at the time of the adoption of the ordinance from which this article is derived. These lots may continue to be used provided that whenever two or more adjoining lots of record, one of which is occupied, are in single ownership at any time after the adoption of the ordinance from which this article is derived, and such lots individually or together have less area than the minimum requirements for residential purposes specified in this chapter, such lots shall be combined to create lots which meet the minimum size requirements or which minimize the degree of nonconformity.
(j) Industrial use of land. This category consists of existing industrial uses and/or the storage of hazardous or toxic materials where a spill containment plan is not implemented and where such use of the land is not permitted to be established in the watershed area. Such existing uses may be continued except as provided for in subsection (k)(2) of this section.
(k) Permitted uses.
(1) The following uses are permitted as a principal use in the watershed protection district provided such uses are also permitted in the underlying zoning district and providing that the requirements stated in this section and this article.
a. Critical area.
1. Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.
2. Silviculture, using BMPs required to implement the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC II.6101.0209).
3. Residential development (one dwelling unit per acre, 40,000 square feet minimum lot size).
4. Nonresidential development, excluding landfills and sites for land application of residuals or petroleum contaminated soils or septage, mining and quarrying activities and the storage of toxic and hazardous materials unless a spill containment plan is implemented.
b. Protected area.
1. Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.
2. Silviculture, using BMPs required to implement the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC II.6101.0209).
3. Residential development (one dwelling unit per acre, 40,000 square feet minimum lot size).
4. Nonresidential development.
(2) No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety and welfare. Such conditions may arise from inadequate on-site sewer systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the absence or improper implementation of a spill containment plan for toxic and hazardous materials; the improper management of stormwater runoff; or any situation found to pose a threat to water quality.
(l) Minimum land area. The minimum land area for a single-family dwelling located in the water supply watershed protection district shall be:
(1) For lots located in an AR district, or in a planned unit development, if connected to the county water and sewer system, two units per acre maximum; and
(2) For lots with individual wells and/or septic tanks, one unit per acre.
(m) Built-upon area.
(1) Critical area. The maximum area to be built upon for all residential development not listed in subsection (l) of this section and nonresidential development shall be allowed a maximum of 24 percent built-upon.
(2) Protected area. The maximum area to be built upon for all residential development not listed in subsection (l) of this section and nonresidential development shall be allowed a maximum of 24 percent built-upon area with a curb and gutter roadway system, or a maximum of 36 percent built-upon area without a curb and gutter roadway system or when utilizing the 10/70 provision up to 70 percent built-upon area with a county approved best management practice.
(3) Conflicts. Where built-upon area limits specified in this section conflict with the Johnston County Stormwater Ordinance, the most stringent limit shall apply.
(n) Landscaped buffer area required.
(1) Vegetative buffer. A minimum 50-foot vegetative buffer for development activities is required along all perennial and intermittent streams, as indicated on the most recent versions of USGS 1:24,000 (7.5 minute) quadrangle topography maps. New development utilizing the 10/70 option shall require a 100-foot vegetative buffer along all perennial streams, otherwise, a 50-foot-wide vegetative buffer shall be maintained along both sides of all perennial and intermittent streams, rivers or other water bodies as required by the Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Riparian Buffers, Section 3(a-b). The buffer shall be measured from the top of the bank of such streams.
Determinations of exemption (as noted in 15A NCAC 2B.0233 Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Riparian Buffers, Section 3 (a-b): shall be made by NCDENR Division of Water Quality.
(2) No development in buffer; exceptions. No new development shall be allowed in the required vegetative buffer except for water dependent structures and other structures such as flag poles, signs and security lights which result in only diminutive increases in impervious area, and public works projects such as road crossings and greenways where no practical alternative exists. These activities should:
a. Minimize built-upon surface area;
b. Direct runoff away from the surface waters; and
c. Maximize the utilization of best management practices for stormwater control and management.
(o) Establishment of the watershed review board. The Johnston County Board of Adjustment shall serve as the watershed review board.
(p) Variance. A petition to the board of adjustment, requesting a variance from the standards of the water supply watershed protection district shall comply with the procedures and standards of the development regulations, with the following exceptions:
(1) Major and minor variances are differentiated by definition as follows:
a. Minor variances shall include petitions for the reduction of any standard of the overlay district by a factor of less than ten percent, except residential density or built-upon regulations.
b. Major variances shall include petitions for the reduction of any standard of the overlay district by a factor of more than ten percent; and petitions to increase residential density or built-upon regulations.
c. The watershed administrator shall provide a description of each project receiving a variance and the reasons for granting the variance shall be submitted for each calendar year to the NCDENR Division of Water Quality on or before January 1 of the following year.
(2) Major variances shall comply with the procedures and standards of the zoning regulations except that:
a. A decision by the board of adjustment to deny a major variance may be appealed to the superior court by an aggrieved party. Such appeal shall be in the nature of certiorari and must be filled within 30 days from the filing of the decision in the office of the planning department or the delivery of the notice required in section 14-254, whichever is greater.
b. A decision by the board of adjustment to approve a major variance shall be advisory only. The watershed administrator shall within 30 days of the board's decision, forward a record of the board of adjustment hearing, findings, and conclusions to the state environmental management commission for final decision. The preliminary record of the hearing shall include:
1. The variance application;
2. The hearing notices;
3. The evidence presented;
4. Motions, offers of proof, objections to evidence, and rulings on them;
5. Proposed findings and expectations;
6. The proposed decision, including all conditions proposed to be added to the permit.
(3) The board of adjustment may advise approval of a major variance petition upon satisfying the finding that significant community economic or social benefit would be derived from the granting of the variance.
(Ord. of 7-10-2000, § 4.5.4; Ord. of 12-109-2001; Ord. of 1-13-2004; Amend. of 01-04-2010(2); Amend. of 8-3-2020; Amend. of - - )
(a) Purpose. The purpose of the municipal transition district (MTD) is to provide regulations that protect and preserve the natural scenic beauty of the county while allowing the orderly development of land that requires public municipal water and sewer services to be located near municipalities. It is the intent of these regulations that development in the municipal transition district shall be in harmony with local development plans, site regulations and specifications, and shall preserve to the extent possible, the natural beauty and character of the district and the county as a whole.
(b) Applicability. Municipal transition districts shall be appropriately located and adjacent to the counties municipalities and be so defined as that area that can be reasonably serviced by the future extension of the municipalities water and sewer systems. The boundaries of the municipal transition district are established as shown on the official zoning atlas which is on file and available in the county offices.
(c) Permitted uses.
(1) In addition to the uses permitted in the underlying zoning district, the following uses are permitted as a principal use in the municipal transition district:
a. Residential development at a density of 2.5 dwelling units per acre of gross land area.
b. Residential development at a density of 4.0 dwelling units per acre of gross land area.
(2) The following standards shall apply:
a. All dwelling units must be connected to a county or municipal water supply and sanitary sewer system, or an alternative sanitary sewer system acceptable to the county.
b. All 4.0 units per acre developments must be located on an arterial or collector street as identified in the county design manual.
c. Minimum building setback requirements:
1. The minimum building setback for a 2.5 unit per acre development shall be 25 feet from any street right-of-way and ten feet from any interior lot line.
2. The minimum building setback for a 4.0 unit per acre development shall be five feet from any street right-of-way and interior lot line.
3. The minimum building setback from any access easement shall be 15 feet.
(3) A zero lot line is allowed whereby a structure is allowed with no setback from one interior lot line as long as the minimum building setback for the corresponding opposite interior lot line is a minimum of 20 feet for a 2.5 unit per acre development and ten feet for a 4.0 unit per acre development.
(d) Provision of common open space or recreation area requirements.
(1) Minimum common open space or recreation area. All residential development within the municipal transition district shall provide or dedicate open space or recreation areas suitable for the resident's common passive recreational use, or make a payment in lieu of provision or dedication. The total open space or recreation land area shall be at least ten percent of the total gross land area of the development. A 60-foot buffer area shall be provided along the site's frontage with an arterial or collector road as defined in the county design manual; this buffer area may be counted as part of the developments common open space requirement. If applicable, all wetlands and/or riparian buffer areas shall be designated as common open space. In developments containing wetlands and/or riparian buffer areas, at least one-half of the ten percent common open space dedication shall be provided outside of wetlands and/or riparian buffer areas.
(2) Method of provision or dedication. Land provided or dedicated for open space or recreation purposes shall be designated on a final plat duly recorded with the county register of deeds. Such open space land can be dedicated or deeded to an appropriate public body, land trust, or nonprofit, or for-profit organization established for the purpose of land conservation or recreational purposes; or create a neighborhood or homeowners' association for the continuing maintenance and control of common open space or recreation area.
(3) Payments in lieu of provision or dedication. In lieu of providing or dedicating common open space or recreation area required pursuant to this section, a developer of a subdivision or planned development may choose to make a payment to the county whereby the county may acquire common open space land. The county shall use such payment only for the acquisition or development of open space, recreation, or park sites to serve residents of the county. The amount of the payment shall be the product of the total number of lots or dwelling units proposed times $800.00. The developer shall make the payment before approval of a final plat or issuance of a land use permit; provided however, that the planning director may allow phasing of payments consistent with the approved phasing of the development.
(Ord. of 7-10-2000, § 4.5.5; Ord. of 7-9-2001; Amend of 7-12-04, § B))
Amendments to the boundary of an overlay district shall be made consistent with article XI, division 4 of this chapter. Requests to expand an existing overlay district boundary shall only be considered where such request abuts, adjoins, or is contiguous to, the established overlay district boundary.
(Ord. of 7-10-2000, § 4.6)
Secs. 14-108—14-114. - Reserved.
DIVISION 4. - ALTERNATIVE ENERGY
Sec. 14-115. - Intent.
Sec. 14-116. - Administration.
Sec. 14-117. - Definitions.
Sec. 14-118. - Solar energy—As a residential and agricultural accessory.
Sec. 14-119. - Wind energy systems—As a residential and agricultural accessory.
Sec. 14-120. - Biofuels—As an agricultural accessory.
Sec. 14-121. - Solar energy—As a commercial accessory.
Sec. 14-122. - Wind energy systems—as a commercial accessory.
Sec. 14-123. - Solar and wind energy systems—As a utility facility.
Sec. 14-124. - Biofuels—For commercial production.
Secs. 14-125—14-130. - Reserved.
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