(A) Manufactured Home Overlay District (MH and MH-O-CD).
(1) Intent. The Manufactured Home Overlay District is established to provide for existing and proposed neighborhoods which include or are proposed to include manufactured homes. The requirements herein are intended to ensure compatibility with existing housing stock by imposing supplemental design standards for manufactured housing. It supplements the range of residential types permitted in the underlying District.
(2) Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
(3) Dimensional requirements and supplemental standards.
(a) The Manufactured Home Overlay District may be applied to tracts zoned NR, GR or OSR only. All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4.
(b) Existing manufactured home parks which are not subdivided into individual deeded lots may continue operation but may not be expanded except in conformance with this article and the subdivision regulations for the town.
(c) In proposed neighborhoods, homes shall be a minimum of 14 feet wide.
(d) All proposed developments shall be a minimum of two acres and a maximum of 20 acres in size.
(B) Multi-family Overlay District (MF and MF-O-CD).
(1) Intent. The Multi-Family Overlay District is established to accommodate multi-family projects which due to their design and/or scale may not be compatible with existing single-family residential neighborhoods. Multi-family developments are permitted by right in the TND District subject to conditions. Multi-family developments are permitted after rezoning to MF-O-CD in the NR, NC, TC and HC Districts subject to conditions which insure compatibility with existing housing by means of scale, site design and architecture, communities which do not as a whole integrate well into existing neighborhoods will require MF-O-CD District zoning. Townhouses permitted under the North Carolina Residential Building Code for One- and Two-Family Dwellings are permitted with conditions, some of which are voluntary.
(2) Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a “special” permit are listed in the Table of Uses in § 8-3.3.5.
(3) Dimensional requirements and supplemental standards.
(a) The Multi-Family Overlay Conditional District may be applied to tracts zoned HC, NR, NC, or TC only.
(b) All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4.
(C) Watershed Overlay District (WS-O).
(1) Intent. The Watershed Overlay District is hereby established to meet the requirements of G.S. § 143-214.5 and 15A NCAC 02B.0104. The purpose of this District is to impose more restrictive development standards upstream from the drinking water supply than shall generally be imposed on land uses in the planning area. The intent is to maintain a development pattern which does not increase the pollution associated with urbanization. A WS IV classification has been applied to the South Yadkin watershed by the state and allows for a moderate to high land-use intensity pattern.
(2) Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
(3) Dimensional requirements and supplemental standards.
(a) Only new development activities that require a sedimentation and erosion control plan under state law are required to meet the provisions of this article when located in the Watershed Overlay District.
(b) All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4.
(c) The Watershed Overlay District regulations shall apply to land-use activities within the South Yadkin River Watershed as shown on the Zoning Map. The watershed boundary was drawn to avoid dividing tracts in single ownership so some parts of a tract may be outside the watershed or protected area. If a property owner can demonstrate that his land drains into another watershed not regulated by this article, the Zoning Administrator can exempt that specific area from these watershed regulations.
(d) Under no circumstances will development be permitted in the watershed District that violates the Water Supply Watershed Protection Rules as adopted by the EMC on 5-29-1992 including all subsequent amendments.
(e) All land use activities shall conform to the Watershed Overlay District regulations except that existing development, as defined for the purposes of this section, is not subject to the requirements of this section. Expansions to structures classified as existing development must meet the requirements of this District, however, the built upon area of the existing development is not required to be included in the density calculations.
(f) A maximum of 10% of the town's portion of the watershed outside of the critical area, delineated on 7-1-1995 and any portion of the watershed outside of the critical area allocated by the county to the town, may be developed with new residential and non-residential development and expansions to existing development of up to 70% built-upon surface area. (This shall be referred to as the 10/70 provision.) Each project must, to the maximum extent practicable, minimize built-upon surface area, direct storm water runoff away from surface waters and incorporate best management practices to minimize water quality impacts.
(g) Clustering of development is allowed in the Watershed Overlay District under the following conditions.
1. Minimum lot sizes are not applicable to single-family cluster development projects; however, the total number of lots in the development shall not exceed the number of lots allowed for this District.
2. Total built-upon area shall not exceed the allowed maximum for the District.
3. All built-upon area shall be designed and located to minimize storm water runoff impact to the receiving waters and minimize concentrated storm water flow.
4. The remainder of the tract not used for development shall remain in a permanent vegetated or natural state. Sufficient proof of permanent maintenance of open space shall be required prior to development approval by the town.
(h) Storm water runoff shall be transported by vegetated conveyances to the maximum extent practicable.
(i) A minimum 30-foot vegetative stream buffer is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 scale (7.5 minute) topographic maps for all uses except agriculture, where agriculture is the primary use of a lot. Agricultural uses must maintain a minimum ten foot vegetated buffer or equivalent control as determined by the Soil and Water Conservation Commission along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 scale (7.5 minute) topographic maps. Desirable artificial stream bank or shoreline stabilization is permitted.
(j) No new development is allowed in the stream buffer. Water dependent structures or other structures, such as flagpoles, signs and security lights, which result in only minimal increases in impervious area and public projects such as road crossings and greenways may be allowed where no practical alternative exists. These activities shall minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of storm water best management practices.
(4) Review criteria.
(a) The property under consideration shall be used for industrial, commercial or mixed-use development. If the proposed development is for public or non-profit use, educational buildings or facilities, residential development or otherwise serves a significant economic development purpose, the allocation may be approved if the development is determined to be in the best interest of the town.
(b) The property under consideration shall be served by public water and public sewer to accommodate a densely developed site.
(c) The development proposed shall begin construction within 12 calendar months of the approval of the watershed 10/70 allocation. In the event that construction has not commenced within 12 months, the developer or property owner may apply for one six-month time extension. This extension may be granted by the town 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.
(5) Petition requirements.
(a) A site plan shall be submitted showing the amount of pervious and impervious area proposed in the development, the location of all proposed buildings and uses on the property, the location, extent and types of supporting facilities such as parking lots, driveways and access streets, the timing of development, the location of landscaped and buffer areas and the positioning of any other special purpose areas on the tract.
(b) All petitions for the 10/70 provision shall be submitted to the Town Manager at least 21 days prior to the Town Council meeting at which the request shall be heard. In order to be considered by the Town Council, petitions shall include the following information:
1. A completed application form; and
2. A sealed site plan including an accurate survey of the site drawn at a scale of no less than 1:200 indicating the following information:
a. The project boundary and total square footage of the project site;
b. The location, extent, percentage and total square footage of all existing and proposed impervious surface areas;
c. The location, extent and proposed ownership of all on-site and/or off-site pervious locations. If off-site, the application shall include a draft of the legal instrument conveying ownership of the land and a signed letter by the proposed owner that they understand and willingly accept the limitations, requirements and responsibilities that the ownership conveys. All open space areas shall meet the requirements of § 8-3.5.3;
d. The location of all perennial and intermittent streams, as indicated on the most recent U.S.G.S. 7.5 Minute Topographic Quadrangle, on the project site;
e. The location of all boundaries of a regulated floodplain, as indicated by the county GIS;
f. The location and extent of all required buffer areas;
g. The location of all existing structures on the site;
h. The zoning on the project site and adjacent parcels of land; and
i. In the absence of floodplain, perennial or intermittent streams on the project site, the site plan shall either:
i. Include a statement that no floodplain, perennial or intermittent streams, as defined by this article, lie within 100 feet of the project boundary; or
ii. Indicate the direction and distance to any such feature within 100 feet of the project boundary.
(2003 Code, § 8-3.3.3) (Updated 2009) (Amended 6-1-2021; Amended 10-4-2022)