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07JulyPB Planning Board July 8, 2025 Page 1 of 2 RANDOLPH COUNTY PLANNING AND ZONING 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 RANDOLPH COUNTY PLANNING BOARD AGENDA JULY 8, 2025 1. Call to Order of the Randolph County Planning Board. 2. Roll call of the Board members. (Completed by staff.) 3. Consent Agenda: ● Approval of agenda for the July 8, 2025, Planning Board meeting. ● Approval of the minutes from the June 3, 2025, Planning Board meeting. 4. Conflict of Interest: ● Are there any Conflicts of Interest or ex parte communication that should be disclosed? (If there is a Conflict of Interest, the Board must vote to allow the member with the Conflict of Interest to not participate in the hearing of the specific case where the Conflict of Interest has been identified.) 5. Old Business. SPECIAL USE PERMIT REQUEST #2025-00022014 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by GERALD CHURCH, Lexington, NC, and their request to obtain a Special Use Permit at 1137 Hawk Nest Dr, Tabernacle Township, Tax ID #6782714641, 3.52 acres, RA - Residential Agricultural District. The applicant desires to obtain a Special Use Permit to specifically allow obtaining a federal firearms license for firearm repair in an existing 40 ft. by 40 ft. building as per the site plan. (This request was tabled at the June Planning Board meeting.) 6. New Business. REZONING REQUEST #2025-00022016 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by WATERFORD RE, LLC, Greensboro, Page 1 of 517 Planning Board July 8, 2025 Page 2 of 2 NC, and their request to rezone 1.93-acres at 616 Burney Rd, Richland Township, Tax ID #7665382478, Primary Growth Area, from RR - Residential Restricted District to RM-CD - Residential Mixed - Conditional District. The proposed Conditional Zoning District would specifically allow an additional lot to be created for Class B mobile homes and above in an existing minor subdivision as per the site plan. REZONING REQUEST #2025-00022017 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by WILLIAM SHANE WAY, Greensboro, NC, and their request to rezone 1.80-acres at 3347 Old 421 Rd, Liberty Township, Rocky River Balance Watershed, Tax ID #8735359444, Primary Growth Area, from LI-CD - Light Industrial - Conditional District to CC-CD - Community Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow manufacturing of gun suppressors without a storefront, range, signage or multiple vehicles entering. Property Owner: Lyn Villa Smith Richardson REZONING REQUEST #2025-00022019 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by BETSY MOODY, Asheboro, NC, and their request to rezone 1.58-acres out of 8.30-acres at 1631 Worthville Rd, Franklinville Township, Tax ID #7764987307, Secondary Growth Area, from RA - Residential Agricultural District to CC-CD - Community Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow a towing service yard as per the site plan. Property Owners: Steven W. and Julie M. Wishon, Trustees 7. Update from the Interim Planning Director/Assistant County Manager. ● Proposed sign regulations update. 8. Adjournment. Page 2 of 517 DR A F T Page 1 of 5 6/3/2025 June 3, 2025 1.Call to Order of the Randolph County Planning Board. There was a meeting of the Randolph County Planning Board on June 3, 2025, at 6:00 PM in the 1909 Historic Courthouse Meeting Room, 145-C Worth St, Asheboro, NC. Chairman Pell called the meeting to order and welcomed those in attendance. Pell reminded those in attendance that the Planning Board Rules of Procedure state that anyone wishing to speak must sign up to speak and that speakers other than the applicant are limited to three minutes. 2.Roll call of the Board members. (Completed by staff.) The County Planning staff completed the roll call of the members of the Board as they arrived at the meeting. Reid Pell, John Cable, Reggie Beeson, Ken Austin, Brandon Hedrick, Susan Thompson, and Alternate Nicholas Mooney, substituting for Kemp Davis, were present. Kemp Davis and Steven Maness were absent. Assistant County Manager William Johnson was present, and County Attorney Ben Morgan was also present, along with County Planning staff members Kayla Brown, Melissa Burkhart, David Harris, Cory Hartsoe, Kim Heinzer, Tim Mangum, Eric Martin, and Janet Moreno. 3.Consent Agenda: ●Approval of agenda for the June 3, 2025, Planning Board meeting. ●Approval of the minutes from the May 6, 2025, Planning Board meeting. On the motion of Cable, seconded by Austin, the Planning Board voted 7-0 to approve the Consent Agenda as presented in the agenda. 4.Conflict of Interest: ●Are there any Conflicts of Interest or ex parte communication that should be disclosed? (If there is a Conflict of Interest, the Board must vote to allow the member with the Conflict of Interest to not participate in the hearing of the specific case where the Conflict of Interest has been identified.) There were no Conflicts of Interest or ex parte communication identified by any Planning Board member. 5.Old Business. There was no old business for the Planning Board to consider. 6.New Business. SPECIAL USE PERMIT REQUEST #2025-00022013 Page 3 of 517 DR A F T Page 2 of 5 6/3/2025 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by KIM HUNT, Pleasant Garden, NC, and their request to obtain a Special Use Permit at 8582 Racine Rd, Providence Township, Polecat Creek Balance Watershed, Tax ID #7778819375, .92 acres, RE-CD - Residential Exclusive - Conditional District. The applicant desires to obtain a Special Use Permit to specifically allow a hair studio in a proposed 12 ft. by 32 ft. accessory building as per the site plan. Johnson presented the first case of the night, the Special Use Permit request by Kim Hunt, 8582 Racine Rd, Pleasant Garden, NC. Pell opened the public hearing. Morgan administered the oath to Kim Hunt, the applicant. Hunt told the Planning Board that she wanted to have a plan for her retirement and that the proposed building would start as a "she-shed" that would eventually allow her to open a hair studio. Beeson asked Hunt if she would have a second entrance to the proposed building and Hunt said that she was not sure, but a second entrance is a possibility. Austin asked Hunt about signage and Hunt replied that she is not big on advertising but would possibly have a small sign to let drivers know about the hair studio. Beeson noted that the proposed building is close to the property line and asked if there would be a buffer. Hunt said that she is planning on leaving the property as it currently is and leaving the buffer. Morgan informed the Planning Board that the subdivision did have deed restrictions and Hunt had gone through the legal process to have those removed to allow the hair studio. Pell asked if the Planning Board had any questions. Hearing none, Pell asked if there were any present in opposition to the request. Hearing none, Pell closed the public hearing. On the motion of Beeson, seconded by Cable, with a vote of 7-0, the Planning Board voted to approve the request with the motions contained in the Planning Board packet. SPECIAL USE PERMIT REQUEST #2025-00022014 Page 4 of 517 DR A F T Page 3 of 5 6/3/2025 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by GERALD CHURCH, Lexington, NC, and their request to obtain a Special Use Permit at 1137 Hawk Nest Dr, Tabernacle Township, Tax ID #6782714641, 3.52 acres, RA - Residential Agricultural District. The applicant desires to obtain a Special Use Permit to specifically allow obtaining a federal firearms license for firearm repair in an existing 40 ft. by 40 ft. building as per the site plan. Johnson presented the second case of the night, the Special Use Permit request by Gerald Hunt, 1137 Hawk Nest Dr, Lexington, NC. No one was present for the public hearing. Pell stated that the Planning Board would move to the rezoning request and come back to this case later in the meeting. The Planning Board returned to this request after they completed the rezoning request. The applicant was still not present for the meeting. On the motion of Cable, seconded by Austin, with a vote of 7-0, the Planning Board voted to table this request until the next Planning Board meeting. REZONING REQUEST #2025-00022012 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by LANIER, INC., Asheboro, NC, and their request to rezone 3.03-acres out of 12.17 acres on Browers Chapel Rd, Asheboro Township, Tax ID #7760460164, Primary Growth Area, from RE - Residential Exclusive District to CVOE-CD - Conventional Subdivision Overlay Exclusive - Conditional District. The proposed Conditional Zoning District would specifically allow the division of part of tract number one, thereby creating a major subdivision. Johnson presented the only rezoning case of the night, the request by Lanier, Inc., on Browers Chapel Rd, Asheboro, NC. Pell opened the public hearing. Daniel Tanner, Survey Carolina, addressed the Planning Board and said that he was the representative for Donald Lanier, who could not attend the meeting. Tanner explained that the request was for the fourth lot in a minor subdivision and the lots had already been reviewed for septic systems and the lots would be for site-built homes only. Pell asked if the Planning Board had any questions. Beeson asked about the stream on the property and Tanner stated that the stream Page 5 of 517 DR A F T Page 4 of 5 6/3/2025 was on the lower part of the parcel and not a part of this request. Cable asked if Lanier had the driveway permits and Tanner said that Lanier had contacted the North Carolina Department of Transportation (NCDOT) and NCDOT would prefer internal roads, but since the request is only for two lots, it does not make sense to build an internal road since the lots front on Browers Chapel Rd. Morgan asked Tanner to remind Lanier to not burn the land clearing debris. Pell asked if the Planning Board had any questions. Hearing none, Pell asked if there were any present in opposition to the request. Hearing none, Pell closed the public hearing. Austin asked if NCDOT shares their concerns with the Planning Board and how the Board is notified. (The comments from NCDOT on proposals are included in the case summary for all rezonings.) Morgan stated that NCDOT always suggests shared drives, but the County thinks it creates more problems and that a driveway permit is still needed. Hedrick said that he was more concerned with access to the lots due to the topography and that would make it difficult to get more lots on Browers Chapel Rd. Cable stated that he noticed the bend in the road and that he agreed with Morgan's statement. On the motion of Austin, seconded by Hedrick, with a vote of 7-0, the Planning Board voted to approve the request with the motions contained in the Planning Board packet. Pell advised Tanner of the fifteen-day waiting period to allow for any appeals to the rezoning. 7. Update from the Interim Planning Director/Assistant County Manager. Johnson told the Planning Board that they plan to close the application period for the Planning Director position on Friday, June 6, 2025. Heinzer informed the Planning Board that staff are looking to update the sign regulations in the Randolph County Unified Development Ordinance to provide better guidance and allow more diverse signs in size and numbers. 8. Adjournment. Having no further business, on the motion of Cable, seconded by Beeson, the Planning Page 6 of 517 DR A F T Page 5 of 5 6/3/2025 Board voted 7-0 to adjourn at 6:20 pm. ________________________________ Chairman ________________________________ Clerk to the Planning Board Page 7 of 517 CASE SUMMARY FOR SPECIAL USE REQUEST #2025-00022014 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by GERALD CHURCH, Lexington, NC, and their request to obtain a Special Use Permit at 1137 Hawk Nest Dr, Tabernacle Township, Tax ID #6782714641, 3.52 acres, RA - Residential Agricultural District. The applicant desires to obtain a Special Use Permit to specifically allow obtaining a federal firearms license for firearm repair in an existing 40 ft. by 40 ft. building as per the site plan. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN BEFORE GIVING TESTIMONY. Page 8 of 517 OATH FOR QUASI-JUDICIAL HEARINGS (Special Use Permit Request, Variances or Appeals) NORTH CAROLINA RANDOLPH COUNTY Before opening the public hearing on a case, the Chair must administer an oath or affirmation to those wishing to speak on a specific case. (This oath is specified in NCGS 11-11.) The Chair should say, “The Planning Board will now hear testimony for and against this request. Anyone wishing to testify on this request must come forward and take the oath. Only those taking the oath may give testimony for this request. “Do you swear, or affirm, that the evidence you shall give to the Board in this action shall be the truth, the whole truth, and nothing but the truth, so help you, God.” Page 9 of 517 COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - Asheboro NC 27204 SPECIAL USE PERMIT APPLICATION PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: NO 3710678200KFlood Plane Map #: Total Permit Fee: $250.00 COMMENTS: The undersigned owner/applicant do hereby make application for a SPECIAL USE PERMIT as required by the Randolph Couty Zoning Ordinance. By making this application the owner/applicants acknowledge that no work may be done pursuant to a Special Use Permit issued by the County Planning Board except in accordance with all conditions that may be imposed by the Board. It is also acknowledged that any restrictions or conditions imposed shall be binding on the owner/applicants and their successors in interest. SPECIAL USE REQUESTED: TO OBTAIN FEDERAL FIREARMS LICENSE IN EXISTING 40 X 40 BUILDING FOR FIREARM REPAIR Signature of Applicant: Timothy Mangum Authorized County Official Applicant: CHURCH, GERALD City, St. Zip: LEXINGTON, NC 27292 Address: 1137 HAWK NEST DR Owner: CHURCH, GERALD E Address: 1137 HAWK NEST DR City, St. Zip: LEXINGTON, NC 27292 Permit #: 2025-00022014 Parcel #: 6782714641 Date: 05/02/2025 Location Address: 1137 HAWK NEST DR LEXINGTON, NC 27292 Permit Type Code: PZ 3 CONTACT NAME:CHURCH, GERALD Contact Phone:336 309-9998 Acreage: Township:3.5200 18 - TABERNACLE Subdivsion: Lot number: SPECIAL USE PERMIT APPLICATION Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6555 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov Page 10 of 517 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-00022014 Church Special Use Request H AWK NESTDR RA 1 inch equals 287 feetThis property is located in a Secondary Growth Area. Page 11 of 517 Page 12 of 517 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-00022014 Church Special Use Request HA WK NEST DR 1 inch equals 250 feetThis property is located in a Secondary Growth Area. Page 13 of 517 COUNTY OF RANDOLPH SPECIAL USE PERMIT REMINDERS A Special Use Permit is a quasi-judicial action designated by the Randolph County Board of Commissioners to the Randolph County Planning Board. Special Use Permits only allow the specified use and the Randolph County Planning Board must find the following findings of fact: 1. The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; 2. The use meets all required conditions and specifications as outlined in the Randolph County Unified Development Ordinance; 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Randolph County Unified Development Ordinance. Only testimony by “expert witnesses” that can prove their status as an expert witness can be considered by the Planning Board for approving or denying a Special Use Permit. In granting the Special Use Permit, the Planning Board may designate only those conditions as authorized by the North Carolina General Statutes. Any conditions shall be agreed to by the applicant or property owner in writing before the vote of the Planning Board for the conditions to be enforceable. When denying a Special Use Permit, the Board Member making the motion to deny the request should cite which of the above required findings of facts were NOT met. Page 14 of 517 COUNTY OF RANDOLPH ORDER APPROVING SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY GERALD CHURCH SPECIAL USE REQUEST #2025-00022014 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on July 8, 2025, the Randolph County Planning Board finds that the application is complete, that the application complies with all of the applicable requirements of the Randolph County Unified Development Ordinance for the development proposed, and that therefore the application to make use of the property located at 1137 Hawk Nest Dr for the purpose indicated is hereby APPROVED, subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD APPROVES THE APPLICATION FOR A SPECIAL USE PERMIT FOR GERALD CHURCH BASED UPON THE FOLLOWING: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. This conclusion is based on the following FINDINGS OF FACT: 2. That the use meets all required conditions and specifications. This conclusion is based on the following FINDINGS OF FACT: 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. This conclusion is based on the following FINDINGS OF FACT: 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located Page 15 of 517 and in general conformity with the Growth Management Plan for Randolph County. This conclusion is based on the following FINDINGS OF FACT: IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special Use Permit to be issued in its name and the property owners do hereby accept this Special Use Permit, together with all its conditions as binding on them and their successors in interest. Adopted on July 8, 2025. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 16 of 517 MOTION TO APPROVE SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 17 of 517 MOTION TO DENY SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, and that the use may materially endanger the public health or safety, or the use does not meet all required conditions and specifications, or the use may substantially injure the value of adjoining property, that the use is not a public necessity and the location and character of use if developed according to the plan(s) as submitted and approved, or will not be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 18 of 517 Technical Review Committee Report and Map Amendment Evaluation Page 1 of 4 RANDOLPH COUNTY TECHNICAL REVIEW COMMITTEE REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2025-00022016 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by WATERFORD RE, LLC, Greensboro, NC, and their request to rezone 1.93-acres at 616 Burney Rd, Richland Township, Tax ID #7665382478, Primary Growth Area, from RR - Residential Restricted District to RM-CD - Residential Mixed - Conditional District. The proposed Conditional Zoning District would specifically allow an additional lot to be created for Class B mobile homes and above in an existing minor subdivision as per the site plan. GENERAL INFORMATION Property Owner: Waterford RE, LLC Hearing Type: Legislative Small Area Plan: None Flood Plain Overlay: None Airport Overlay: None Existing Use: Residential – Single family SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RR - Residential Restricted District and RA - Residential Agricultural District Vacant South RR - Residential Restricted District and RA - Residential Agricultural District Residential – Single family East RR - Residential Restricted District Vacant Page 19 of 517 Technical Review Committee Report and Map Amendment Evaluation Page 2 of 4 West RR - Residential Restricted District and RA - Residential Agricultural District Residential – Single family TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation (NCDOT): No comments have been received from NC Department of Transportation. ZONING INFORMATION Zoning History: There is no history of a rezoning, Variance or Special Use Permit at the request location. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.): RM: RESIDENTIAL MIXED DISTRICT PURPOSE The purpose of the Residential Mixed (RM) District is to provide a place for residential uses of all types, including single-family residences, multi-family residences, manufactured home parks, and Class A, B, or C manufactured housing. Requests for higher-intensity residential use are considered through standards established in this Ordinance and found to be consistent, reasonable, and in the public interest with the Randolph County Growth Management Plan. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage for a single unit 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES Page 20 of 517 Technical Review Committee Report and Map Amendment Evaluation Page 3 of 4 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. TECHNICAL REVIEW COMMITTEE ANALYSIS AND RECOMMENDATION The Technical Review Committee has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting the above conclusion. Randolph County Board of Commissioners Resolution, Item #3: Ensure the opportunity for landowners to achieve the highest and best uses of their land that are consistent with growth management policies in order to protect the economic viability of the County’s citizens and tax base. Consistency Analysis: By approving this request, the Board will be allowing the “landowner to achieve the highest and best use of their land” and will allow the owner to continue having a single-wide manufactured home on the property. Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Page 21 of 517 Technical Review Committee Report and Map Amendment Evaluation Page 4 of 4 It should be noted that this recommendation is only the opinion of the Technical Review Committee based on information supplied by the applicant before the public hearing. Additional information provided at the public hearing could cause the Planning Board to either accept or reject these recommendations. Page 22 of 517 COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - Asheboro NC 27204 APPLICATION FOR ZONING CHANGE PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RR-RESIDENTIAL RESTRICTED DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710766400J Growth Management Areas:PRIMARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $250.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph County Zoning Ordinance. Area To Be Rezoned: 1.9300 Lot Size Indicator: ACRE(S) Proposed Zoning District: RM-CD-RESIDENTIAL MIXED CONDITIONAL DISTRICT Proposed Growth Mgmt Change: Proposed Use(S): TO ALLOW AN ADDITIONAL LOT FOR CLASS B MOBILE HOMES AND ABOVE IN AN EXISTING MINOR SUBDIVISION AS PER THE SITE PLAN Condition(S): Applicant: WATERFORD RE LLC City, St. Zip: GREENSBORO, NC 27455 Address: 5607 TRADD DR Owner: WATERFORD RE LLC Address: 5607 TRADD DR City, St. Zip: GREENSBORO, NC 27455 Permit #: 2025-00022016 Parcel #: 7665382478 Date: 05/05/2025 Location Address: 616 BURNEY RD ASHEBORO, NC 27205 Permit Type Code: PZ 2 CONTACT NAME:WATERFORD RE LLC Contact Phone:336 362-4715 WATERFORD RE LLCNEW 1 Acreage: Township:1.9300 17 - RICHLAND Subdivsion: Lot number: Timothy Mangum Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov Page 23 of 517 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-00022016 Waterford Rezoning Request BURNEY RD RA LI-CD RR 1 inch equals 291 feetThis property is located a Primary Growth Area. Page 24 of 517 si i i $ , i , t i i ; : , s i 1B::a6i I!'i :i i : :i : i E i; ; , ' il i i ! ; ii S r : i tIs3IB3 :riEE3 iIt!5E ' ri I Ii i !! rE :, t. ; i: i iI ri l i* ! i l II ; I i ! ir i r t t i_ i i !! l r ;i I T :! : E al E r ;E g ! !r l s ri i i e- l E 1 Bj E AE !e - i " E .t I i Ir : l i ! : r; i! : . r i; q+ E ;! ! : 3 {cI;, ! ES :I EX ;: ; I :; :T :i i rI t! - i : t i: ; i t i: i ! l t: E ! . !; ; E! ll i ii l: i ia !r ! E! II.{IIt_ , is i J-JI It l r tiIIIE:!t I IIiJi! , tr ; :;i vX iE P ;. E !a E! i i 6t x 5 ** * il i : i : q : : i i i !! -r , 4 H . :" I# ! IiII !, r. it ii i i : i : i i ; , i i i t. II i Et 6 i. lr ii i iIl!ti tr , il l r li i ! ! i i : zE!t IIl r tr i" B I tr { ii r i I lr (3 O " o l:3: l! t 5!!:3, il;!iIt3IEt!li E lt ! te: ! :! : i9 t IB e E :. 9 i! !!f : i3 ; i6 i i€ r I I riil!l!a - lt E !! ! l : !; t t, i I l! Ii " ' r r: - : l ! t !: i, : , ! I Et i i l i l i il i i i i i i ,i ' i i i l i i b ! ;l !E l i j Fl : t { q "i eE : 6t - : I - i: !t ! r :l i . il E : l1 t; it a!I -, s. J l !1 ; l ! Fl : l r il . - F Eh I !i tt 4 t ' , ::,1 .! a !l ! i ;l e s I li i i i l i i i i i i i i i i ! i Page 25 of 517 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-00022016 Waterford Rezoning Request BURNEY RD 1 inch equals 129 feetThis property is located in a Primary Growth Area. Page 26 of 517 COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY WATERFORD RE, LLC REZONING REQUEST #2025-00022016 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to RM-CD - Residential Mixed - Conditional District as described in the application of Waterford RE, LLC are consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Primary Growth Area which generally lie along major transportation corridors and have access to urban services. This parcel is within a half mile of US Hwy 220 S which is a major transportation corridor. B. Consistency with Growth Policies in the Growth Management Plan Consistency Analysis: Consistency Analysis: 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Page 27 of 517 Adopted on July 8, 2025. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 28 of 517 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA UPON REQUEST BY WATERFORD RE, LLC WHEREAS, a 1.93-acre parcel, having the Randolph County Parcel Identification Number of 7665382478 is currently zoned RR - Residential Restricted District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on July 8, 2025, to consider the proposed rezoning on application number 2025- 00022016, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to RM-CD - Residential Mixed - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map are hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on July 8, 2025. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 29 of 517 MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 30 of 517 MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 31 of 517 Technical Review Committee Report and Map Amendment Evaluation Page 1 of 4 RANDOLPH COUNTY TECHNICAL REVIEW COMMITTEE REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2025-00022017 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by WILLIAM SHANE WAY, Greensboro, NC, and their request to rezone 1.80-acres at 3347 Old 421 Rd, Liberty Township, Rocky River Balance Watershed, Tax ID #8735359444, Primary Growth Area, from LI-CD - Light Industrial - Conditional District to CC-CD - Community Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow manufacturing of gun suppressors without a storefront, range, signage or multiple vehicles entering. GENERAL INFORMATION Property Owner: Lyn Villa Smith Richardson Hearing Type: Legislative Small Area Plan: None Flood Plain Overlay: None Airport Overlay: None Existing Use: Light Industrial Business SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North Town of Liberty Town of Liberty South Town of Liberty Town of Liberty East RA - Residential Agricultural District Residential-Single family West HI - Heavy Industrial District Vacant Page 32 of 517 Technical Review Committee Report and Map Amendment Evaluation Page 2 of 4 TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation (NCDOT): No comments have been received from NC Department of Transportation. ZONING INFORMATION Zoning History: January 4, 2016, the Randolph County Board of Commissioners approved to rezone 1.80-acres to LI-CD – Light Industrial – Conditional District to allow light manufacturing in an existing building with a proposed 28’x32’ addition, and the remaining acreage to be rezoned to RA – Residential Agricultural. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.): CC: COMMUNITY COMMERCIAL DISTRICT PURPOSE The purpose of the Community Commercial (CC) District is to provide a place for crossroads commercial services to residences with basic trade and personal services that occur regularly. The district regulations are designed to protect and encourage the character of the district by permitting uses that are compatible with the surrounding areas. Landscape buffer Level II will be required along adjacent residentially zoned property or adjacent residential uses. No building within this district shall exceed 10,000 square feet, including all floors. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from the right-of-way Corner side setback 35 ft. from the right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Page 33 of 517 Technical Review Committee Report and Map Amendment Evaluation Page 3 of 4 Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. TECHNICAL REVIEW COMMITTEE ANALYSIS AND RECOMMENDATION The Technical Review Committee has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting the above conclusion. Policy 3.1: Commercial and institutional development is encouraged within or near municipalities or Primary Growth Areas where water and sewer infrastructure is or will be provided. Consistency Analysis: This property is located in the Primary Growth Area and is currently supplied by the Town of Liberty public water. Randolph County Board of Commissioners Resolution, Item #3: Ensure the opportunity for landowners to achieve the highest and best uses of their land that are consistent with growth management policies in order to protect the economic viability of the County’s citizens and tax base. Consistency Analysis: By approving this request, the Board will be allowing the “landowner to achieve the highest and best use of their land” and will allow the owner to continue using the existing commercial building. Page 34 of 517 Technical Review Committee Report and Map Amendment Evaluation Page 4 of 4 Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. It should be noted that this recommendation is only the opinion of the Technical Review Committee based on information supplied by the applicant before the public hearing. Additional information provided at the public hearing could cause the Planning Board to either accept or reject these recommendations. Page 35 of 517 COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - Asheboro NC 27204 APPLICATION FOR ZONING CHANGE PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: LI-CD-LIGHT INDUSTRIAL CONDITIONAL DISTRICT Zoning District 2: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 3: Specialty District: N/A Watershed Name: ROCKY RIVER WATERSHED Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710872400K Growth Management Areas:PRIMARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $250.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph County Zoning Ordinance. Area To Be Rezoned: 1.8000 Lot Size Indicator: ACRE(S) Proposed Zoning District: CC-CD-COMMUNITY COMMERCIAL - CONDITIONAL DISTRICT Proposed Growth Mgmt Change: Proposed Use(S): MANUFACTURE GUN SUPPRESSORS. Condition(S): NO STOREFRONT, NO RANGE, NO SIGNAGE, NO IN AND OUT OF MULTIPLE VEHICLES, NO CHANGE TO THE PROPERTY. Applicant: WAY, WILLIAM SHANE City, St. Zip: GREENSBORO, NC 27406 Address: 5020 RENVILLE DR Owner: RICHARDSON, LYN VILLA SMITH Address: P O BOX 542 City, St. Zip: LIBERTY, NC 27298 Permit #: 2025-00022017 Parcel #: 8735359444 Date: 05/23/2025 Location Address: 3347 OLD 421 RD LIBERTY, NC 27298 Permit Type Code: PZ 2 CONTACT NAME:WAY, WILLIAM SHANE Contact Phone:336 907-0123 Acreage: Township:13.1000 11 - LIBERTY Subdivsion: Lot number: Eric Martin Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov Page 36 of 517 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-00022016 Way Rezoning Request GLENN SMITH DR O L D 4 2 1 R D JOHNMARSHRD OVERMAN RD RA LI-CD HI HC-CD 1 inch equals 420 feetThis property is located in the River Balance Watershed Area and a Primary Growth Area. Page 37 of 517 '#E Randolph County Planning and Development ftit m.p *.! pEp:..d b, i.ndolph Colnty, Na fot th. CounlY! int.mlu$. R.rdolph county, rB .a.nts .nd .Fploy..r m.k. no w.r:nty.3 to tne cor€rnet or.ccua.'y ofth. infotmrtio. rd lodh on th't n.p, rherh.r .rp..r*d or impl,.d, .n f..l d In l.s, inclodint whhoul limit.donrh. 'mrli.d -.rann.s ol h.rdr.nr.bllv .nd firn6 td , p.di.!l.r p!rpor.. M.p is b.r.d d {C C@rdin.t. sy*.m of 19a3. o.t :5/t202s Pbn.iG bihdb 1 inch eq;als 146 feet .01 II8 9 9s575 727ga w ffi 8735448669 22.9 7853.1 2 q.,w lETasqsqsoa t aA,q ..!irb65:ff-s33 { €788856@,"6m lpJmzt*:_.:L.-.*.. r .,l5 sajr!!."frr,t n lr ffi I1'Iht.I ::t \mrt :,w @8@444. 8&n'wil,C t t/ .78500 \ RAIreA@ @ -*4 T Il}v' E l. ),l fl William Shane Way - Site Plan Page 38 of 517 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-00022016 Way Rezoning Request O L D 4 2 1 R D GLENN SMITH DR JOHN MARSHRD 1 inch equals 200 feetThis property is located in the Rocky River Balance Watershed Area and a Primary Growth Area. Page 39 of 517 COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY WILLIAM SHANE WAY REZONING REQUEST #2025-00022017 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to CC-CD - Community Commercial - Conditional District as described in the application of William Shane Way are consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Primary Growth Area which generally lie along major transportation corridors and have access to urban services. This parcel is along Old 421 Rd which is a major transportation corridor. B. Consistency with Growth Policies in the Growth Management Plan Consistency Analysis: Consistency Analysis: 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Page 40 of 517 Adopted on July 8, 2025. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 41 of 517 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA UPON REQUEST BY WILLIAM SHANE WAY WHEREAS, a 1.80-acre parcel, having the Randolph County Parcel Identification Number of 8735359444 is currently zoned LI-CD - Light Industrial - Conditional District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on July 8, 2025, to consider the proposed rezoning on application number 2025- 00022017, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to CC-CD - Community Commercial - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map are hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on July 8, 2025. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 42 of 517 MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 43 of 517 MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 44 of 517 Technical Review Committee Report and Map Amendment Evaluation Page 1 of 4 RANDOLPH COUNTY TECHNICAL REVIEW COMMITTEE REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2025-00022019 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by BETSY MOODY, Asheboro, NC, and their request to rezone 1.58-acres out of 8.30-acres at 1631 Worthville Rd, Franklinville Township, Tax ID #7764987307, Secondary Growth Area, from RA - Residential Agricultural District to CC- CD - Community Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow a towing service yard as per the site plan. GENERAL INFORMATION Property Owner: Steven W. Wishon, Trustee and Julie M. Wishon, Trustee Hearing Type: Legislative Small Area Plan: None Flood Plain Overlay: Yes Airport Overlay: None Existing Use: Residential-Single family and a Towing Business SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RA - Residential Agricultural District Residential-Single family and Used Automotive Sales Lot South RA - Residential Agricultural District Church East RA - Residential Agricultural District Residential-Single family West City of Randleman City of Randleman Zoning Page 45 of 517 Technical Review Committee Report and Map Amendment Evaluation Page 2 of 4 TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation (NCDOT): No comments have been received from NC Department of Transportation. ZONING INFORMATION Zoning History: On December 2, 2008, the Randolph County Planning Board approved a Special Use Permit to allow a towing business & temporary vehicle storage lot 60’ x 80’ fenced area. Also, allowing an office in an existing building, a garage for maintenance & minor repair of business vehicles, with no auto repair for the public allowed. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.): CC: COMMUNITY COMMERCIAL DISTRICT PURPOSE The purpose of the Community Commercial (CC) District is to provide a place for crossroads commercial services to residences with basic trade and personal services that occur regularly. The district regulations are designed to protect and encourage the character of the district by permitting uses that are compatible with the surrounding areas. Landscape buffer Level II will be required along adjacent residentially zoned property or adjacent residential uses. No building within this district shall exceed 10,000 square feet, including all floors. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from the right-of-way Corner side setback 35 ft. from the right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Page 46 of 517 Technical Review Committee Report and Map Amendment Evaluation Page 3 of 4 Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. TECHNICAL REVIEW COMMITTEE ANALYSIS AND RECOMMENDATION The Technical Review Committee has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting the above conclusion. Policy 3.1: Commercial and institutional development is encouraged within or near municipalities or Primary Growth Areas where water and sewer infrastructure is or will be provided. Consistency Analysis: This property abuts the city limits of Randleman and the City of Randleman zoning jurisdiction. Randolph County Board of Commissioners Resolution, Item #3: Ensure the opportunity for landowners to achieve the highest and best uses of their land that are consistent with growth management policies in order to protect the economic viability of the County’s citizens and tax base. Consistency Analysis: By approving this request, the Board will be allowing the “landowner to achieve the highest and best use of their land” and will allow the owner to continue the operation of the pre-existing business. Page 47 of 517 Technical Review Committee Report and Map Amendment Evaluation Page 4 of 4 Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. It should be noted that this recommendation is only the opinion of the Technical Review Committee based on information supplied by the applicant before the public hearing. Additional information provided at the public hearing could cause the Planning Board to either accept or reject these recommendations. Page 48 of 517 COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - Asheboro NC 27204 APPLICATION FOR ZONING CHANGE PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: SPECIAL USE PERMIT Watershed Name: NONE Class A Flood Plain On Prop?: YES Flood Plain Map #: 3710776400J Growth Management Areas:SECONDARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $250.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph County Zoning Ordinance. Area To Be Rezoned: 1.5800 Lot Size Indicator: ACRE(S) Proposed Zoning District: CC-CD-COMMUNITY COMMERCIAL - CONDITIONAL DISTRICT Proposed Growth Mgmt Change: Proposed Use(S): TOWING SERVICE YARD Condition(S): Applicant: BETSY MOODY City, St. Zip: ASHEBORO, NC 27203 Address: 125 WORTH ST. Owner: WISHON, STEVEN W Address: 1313 N FAYETTEVILLE ST City, St. Zip: ASHEBORO, NC 27203 Permit #: 2025-00022019 Parcel #: 7764987307 Date: 05/30/2025 Location Address: 1631 WORTHVILLE RD RANDLEMAN, NC 27317 Permit Type Code: PZ 2 CONTACT NAME:MOODY, BETSY Contact Phone:336 669-9404 Acreage: Township:7.6300 16 - RANDLEMAN Subdivsion: Lot number: Eric Martin Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov Page 49 of 517 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-00022019 Moody Rezoning Request VIL L A G E A V E BECK CTRY DR C A S T L E R O C K R D WO R T H V I L L E R D HODGE RD DeepRiver D e e p R i v e r D eepRiver PolecatCre ek PolecatCreek RA 1 inch equals 255 feetThis property is located in a Secondary Growth Area. Page 50 of 517 LP PP PP PP PP PP PP PP PP T 1/2" EIP Down 4" 5/8" NIR Up 2" 3/4" EIP Flush 5/8" EIR Flush 4" I-Beam Flu s h 5 / 8 " N I R U p 2 " W / C a p 5/8 " N I R U p 2 " W/ C a p 1" EIP Up 12" 5/8" NIR Up 2" 5/8" NIR Flush 1" EIR Up 12"1" EIR Up 12" 5/8" NIR Up 2" 5/8" NIR Flush PNS in Top of Bank N 3 0 ° 4 9 ' 2 0 " W 1 3 9 . 0 0 ' N 3 9 ° 0 8 ' 2 0 " W 1 4 6 . 0 0 ' N 3 1 ° 4 4 ' 2 0 " W 1 1 6 . 5 7 ' N 2 7 ° 2 3 ' 4 0 " E 164 . 4 4 ' N 44 ° 1 4 ' 4 0 " E 65.8 4 ' N 3 7 ° 5 0 ' 0 6 " E 214 . 0 4 ' S 6 0 ° 2 2 ' 2 2 " E 319 . 8 7 ' S 6 0 ° 2 2 ' 2 2 " E 247 . 9 3 ' S 6 0 ° 2 2 ' 4 1 " E 150 . 9 8 ' N 3 8 ° 2 0 ' 3 8 " W 1 7 0 . 1 0 ' S 41 ° 3 9 ' 3 5 " W 149 . 4 3 ' N 65 ° 4 0 ' 1 7 " W 72.3 0 ' S 0 1 ° 3 4 ' 1 8 " E 56 . 2 1 ' S 0 3 ° 0 6 ' 2 0 " E 39 5 . 7 7 ' S 1 5 ° 4 6 ' 1 0 " E 7 6 . 6 5 ' LINE BEARING DISTANCE L1 N 38°20'38" W 32.28 L2 N 65°21'45" W 26.71 L 1 S 3 8 ° 0 6 ' 2 4 " W 58. 2 2 ' Tot a l D i s t : 1 8 2 . 8 8 ' 124 . 6 5 ' 92. 4 0 ' 113 . 8 8 ' Tot a l D i s t : 2 0 6 . 2 7 ' New Tract 1 6.719 Acres New Tract 2 1.582 Acres Propos e d 3 0 ' A c c e s s & Utilites E a s e m e n t 11,670 S q . 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N 73°4 2 ' 0 1 " W 140.44' N 5 8 ° 5 2 ' 0 4 " W 77. 5 5 ' 1 7 1 . 0 4 ' N 4 6 ° 5 6 ' 1 7 " W Po l e B a r n 1 S t o r y F r a m e d D w e l l i n g 162 9 W o r t h v i l l e R o a d Ran d l e m a n , N C Pa v e m e n t Blo c k B u i l d i n g 163 1 W o r t h v i l l e R o a d Ran d l e m a n , N C 6' C h a i n l i n k F e n c e 6' Pr i v a c y F e n c e 6' C h a i n l i n k F e n c e Cast l e r o c k R o a d SR: 2 3 0 0 4 0 ' A p p a r e n t R / W Wor t h v i l l e R o a d SR: 2 1 2 2 R / W V a r i e s Pol e c a t C r e e k D e e p R i v e r Truste e s o f W o r t h v i l l e B a p t i s t C h u r c h DB: 17 8 6 P g : 1 6 1 6 B l e d s o e W a t s o n L u c i l l e W i l l i a m s o n T r u s t e e s o f W o r t h v i l l e B a p t i s t C h u r c h D B : 1 0 0 3 P g : 5 5 4 Glen n H u d s o n Fobb i e Y o r k Dona l d M i n t z Trus t e e s o f W o r t h v i l l e B a p t i s t C h u r c h DB: 5 3 8 P g : 7 1 Mit c h e l l R e i d B e c k Na n c y Y o r k B e c k DB: 1 1 4 5 P g : 3 7 0 Mit c h e l l R e i d B e c k Nan c y Y o r k B e c k DB: 1 0 5 1 P g : 9 9 2 FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW FW 10 0 y r 10 0 y r 10 0 y r 1 0 0 y r 100y r 1 0 0 y r 10 0 y r 100 y r 100 y r 100 y r 10 0 y r 10 0 y r 100yr 100y r 100 y r 10 0 y r 10 0 y r 10 0 y r 100 y r 100yr100y r 10 0 y r 100y r 10 0 y r 100 y r 10 0 y r 10 0 y r 10 0 y r 100 y r 10 0 y r 10 0 y r 10 0 y r 100 y r 100yr 100yr 100yr 100yr 100yr 100y r 100 y r 100y r 100yr 10 0 y r 1 0 0 y r 10 0 y r 10 0 y r 1 0 0 y r 100yr 100 y r 100 y r 100 y r 100yr 100 y r 100 y r 10 0 y r 100 y r 100y r 1 0 0 y r 10 0 y r 100 y r 10 0 y r 10 0 y r 100 y r 100y r 100yr 100yr 182.58'S 72°28 ' 0 3 " W N 1 3 ° 3 2 ' 2 0 " W 98 . 5 5 ' Pro p e r t y L i n e F o l l o w s B a n k o f P o l e c a t C r e e k N 2 9 ° 2 5 ' 3 3 " E 149 . 9 2 ' 136.42 'S 64°2 4 ' 0 3 " W Location Map (Not to Scale) Ge o r g e Y o r k R d El k R d W O W R d G r a v e l D r i v e Cor n e r o f B u i l d i n g 14 . 3 ' S E o f L i n e Fence Cor n e r 1 7 . 0 ' N E o f L i n e L2 N 2 9 ° 3 7 ' 3 8 " E 30.0 ' 10 . 0 ' N: 748,387.44 Ground US Survey Feet E: 1,770,355.89 Ground US Survey Feet N: 748,272.61 Ground US Survey Feet E: 1,769,804.96 Ground US Survey Feet 5/8" NIR Up 2" T o p B a n k o f D e e p R i v e r Site C r e e k R i d g e C t r y R d Worthville Rd Hodge Rd G e o r g e Y o r k R d El k R d W O W R d Location Map (Not to Scale) Survey For: Steven W. Wishon & Julie M. Wishon Tabernacle Township Randolph County North Carolina June 18, 2025 Deed Book:2747 Pg:2280 Scale: 1" = 80 US Survey Feet Bar Scale: SURVEY CAROLINA, PLLC Firm #: P-1110 Dan W Tanner II L-4787 © 2025 Survey Carolina, Pllc 154 S. Fayetteville St, Suite B, Asheboro, NC 27203 Phone Number:336 625-8000 Email:mail@surveycarolina.com Owners: Steven W. Wishon Julie M. Wishon 1313 N Fayetteville Street Asheboro, NC 27203 Job #: 17740Drawn By: HRM Checked By: DWT Gr i d N o r t h N A D 8 3 ( 2 0 1 1 ) W E I, Dan W Tanner II, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed description recorded in: Book 2747 , page 2280 ; that the boundaries not surveyed are clearly indicated as drawn from information found in Book See , page Notes ; that the ratio of precision or positional accuracy as calculated is 1:10000+, that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, license number and seal this the 18th day of June, A.D., 2025. _________________________________________________________ Professional Land Surveyor L-4787 I, Dan W Tanner II, certify that this map was drawn under my supervision from an actual GPS/ GNSS survey made under my supervision and the following information was used to perform the survey: (1) Class of survey: Class A (2) Positional accuracy: <0.10' (3) Type of GNSS field procedure: Real-Time Kinematic Networks (4) Dates of survey: June 11, 2025 (5) Datum/Epoch: NAD83(2011) / 2010.00 (6) Published/Fixed-control use: North Carolina Real Time Network (7) Geoid model: Geoid18 (8) Combined grid factor(s): 0.99989383 (9) GPS/GNSS Scale Point: N:748,480.65 E:1,769,887.33 Z:624.40 (10) Units: US Survey Feet PRELIMINARY PLAT - NOT FOR RECORDATION, CONVEYANCES, OR SALES OHU OHU OHU Drop Inlet Junction Box Storm Sewer Manhole Yard Inlet Catch Basin Computed Point / Point Not Set Bench Mark Existing Concrete Monument EIP - Existing Iron Pipe EIR - Existing Iron Rod EN - Existing Nail NCGS Monument NIP - New Iron Pipe NIR - New Iron Rod RRS - Railroad Spike R/W - Right of Way Monument Stone Evergreen Tree Hardwood Tree Electric Manhole Electric Meter Fire Hydrant Gas Meter Gas Manhole Guy Wire Gas Valve Guy Pole Light Pole Power Pole U/G Power Box SS Cleanout SS - Sanitary Sewer SS Manhole Communications Manhole Transformer Telephone Pole Telephone Pedestal Utility Pole Water Meter Water Manhole Water Valve Back Flow Preventer Irrigation Control Valve Overhead Utility Line Sanitary Sewer Line Storm Sewer Line Water Line Fence Property Line Computed Property Line Right of Way Line Easement Line Setback Lines Tie Lines G G G Gas Line Well Overhead Power Line E E E Underground Electric Line T T T 100 100 100 FW FW FW Underground Comm. Line STATE OF NORTH CAROLINA I, ________________________ Review Officer of Randolph County, certify that the map or plat to which this certification is affixed meets all statutory requirements for recording. __________________________________________________ Date Review Officer Notes: 1.This project is located within a special flood hazard area per NCFRIS. Map #: 3710776400J Effective Date: 1/2/2008 2.Area calculated by coordinate geometry. 3.All lines surveyed by Survey Carolina, PLLC are indicated by bold lines. All lines not surveyed by Survey Carolina, PLLC are indicated by dashed lines. 4.No attempt was made by this survey to locate all underground utilities nor any other easements that would be revealed by a title search. 5.Tax PIN: 7764987307 SEAL L-4787 IIRENNATW N A D ROYEVRUS D N A L PR O F E SSIO N A L N O R T H CAROLI N A 100-Year Flood Hazard Line Floodway Fire Dept. Connection C/L Railroad Z:0.00 Spot Elevation W W U T E C MH CO PP LP W U G G E E DI W 0 80 160 240 I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations for Randolph County, North Carolina, and that such plat has been approved according to the procedures for approval of minor subdivisions __________________________________________________________ Date Randolph County Subdivision Administrator I, Dan W Tanner II, Professional Land Surveyor, certify: In accordance with NC General Statute 47-30(f)11a That the survey creates a subdivision of land within the area of a county or municipality that has an ordinance that regulates parcels of land. Page 51 of 517 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-00022019 Moody Rezoning Request VIL L A G E A V E BECK CTRY DR C A S T L E R O C K R D WO R T H V I L L E R D HODGE RD 1 inch equals 255 feetThis property is located in a Secondary Growth Area. Page 52 of 517 COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 LOCAL TELEPHONE NUMBERS Asheboro: (336) 318-6555 ● Archdale/Trinity: (336) 819-3555 http://www.randolphcountync.gov SPECIAL USE PERMIT Page 1 of 1 SPECIAL USE PERMIT On the date listed below, the Randolph County Planning Board met and held a public hearing to consider the following application. Applicant: WISHON,STEVEN W & JULIE M Date: 12/2/2008 Address: 1313 N FAYETTEVILLE ST Parcel #: 7764987307 City, St Zip: ASHEBORO, NC 27203 Permit #: 0802263 Permit Type Code: PZ 3 Owner: STEVEN W WISHON Address: 1313 N FAYETTEVILLE ST City, ST ZIP: ASHEBORO, NC 27203 CONTACT INFORMATION: Contact Name: WISHON,STEVEN W & JULIE M Contact Phone Number: 336 736-7295 LOCATION INFORMATION: Township: (08) FRANKLINVILLE Subdivision name: Subdivision lot #: Address: 1627 WORTHVILLE RD RANDLEMAN, NC 27317 ZONING INFORMATION: Zoning District: RESIDENTIAL AGRICULTURAL DISTRICT Specialty District: N/A Watershed Name: N/A Class A Flood Plain On Prop? N/A USE/CONDITIONS: (1)--TO ALLOW A TOWING BUSINESS & TEMPORARY VEHICLE STORAGE LOT 60' X 80' FENCED AREA AS PER SITE PLAN; (2)--TO ALLOW OFFICE IN EXISTING BUILDING - GARAGE FOR MAINTENANCE & MINOR REPAIR OF BUSINESS VEHICLES (NO AUTO REPAIR FOR THE PUBLIC) - CONVERTED DATA PLANNING & ZONING BOARD APPROVAL DATE: 12/02/2008 Having considered all the sworn evidence presented at the hearing and as reflected in the official minutes of the proceedings, the Board finds that the application is complete, that the applicant complies with applicable requirements of the Randolph County Zoning Ordinance and therefore the application to make use of the above described property for the purpose indicated is hereby approved. The applicant shall complete the development strictly in accordance with the sworn evidence presented at the hearing, as reflected in the official minutes of the proceedings, and the plans approved by this Board, a copy of which is filed in the County Planning Department. This permit shall be binding on the owner/applicant and successors in interest. ____________________________________________________________________________________________ RANDOLPH COUNTY NORTH CAROLINA _______________________________________ _______________________________________ Planning & Development Director Date EX I S T I N G S P E C I A L U S E P E R M I T Page 53 of 517 COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY BETSY MOODY REZONING REQUEST #2025-00022019 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to RA - Residential Agricultural District as described in the application of Betsy Moody are consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Secondary Growth Area which are generally residential and agricultural areas not served by public utilities. This parcel is just outside the Randleman City limits and is served by a septic system and well. B. Consistency with Growth Policies in the Growth Management Plan Policy 3.1: Commercial and institutional development is encouraged within or near municipalities or Primary Growth Areas where water and sewer infrastructure is or will be provided. Consistency Analysis: This property abuts the city limits of Randleman and the City of Randleman zoning jurisdiction. Randolph County Board of Commissioners Resolution, Item #3: Ensure the opportunity for landowners to achieve the highest and best uses of their land that are consistent with growth management policies in order to protect the economic viability of the County’s citizens and tax base. Page 54 of 517 Consistency Analysis: By approving this request, the Board will be allowing the “landowner to achieve the highest and best use of their land” and will allow the owner to continue the operation of the pre-existing business. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Adopted on July 8, 2025. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 55 of 517 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA UPON REQUEST BY BETSY MOODY WHEREAS, a 1.27-acre parcel, having the Randolph County Parcel Identification Number of 7764987307 is currently zoned RA - Residential Agricultural District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on July 8, 2025, to consider the proposed rezoning on application number 2025- 00022019, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to CC-CD - Community Commercial - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map are hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on July 8, 2025. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 56 of 517 MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 57 of 517 MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 58 of 517 Proposed Amendments July 1, 2025 Page 1 of 1 Proposed Amendments to the Randolph County Unified Development Ordinance Section 635. Added the following definitions: • Banner; • Commercial Business Park Identification Sign; • Emblem; • Insignia; • Pennant; • Sign; • Subdivision Identification Sign; • Trade Name; and • Trademark. Completely replaced Section 635 with new sign regulations. Page 59 of 517 The Randolph County Unified Development Ordinance Adopted and Published by Order Of the Randolph County Board of Commissioners July 15, 2021 Preserving our past while planning for our future. DR A F T Page 60 of 517 RANDOLPH COUNTY BOARD OF COMMISSIONERS The Honorable Darrell Frye, Chair The Honorable Kenny Kidd, Vice-Chair The Honorable David Allen The Honorable Hope Haywood The Honorable Lester Rivenbark RANDOLPH COUNTY PLANNING BOARD Mr. Reid Pell, Chair Mr. Kemp Davis, Vice-Chair Mr. Brandon Hedrick Mr. John Cable Mr. Ken Austin Mr. Reggie Beeson Mrs. Susan Thompson Mr. Nick Mooney Mr. Steven Maness Amended May 5, 2025 Every attempt has been made by the Randolph County Planning and Zoning staff to ensure that all spelling errors and grammar errors have been corrected based upon the Chicago Manual of Style. There could be errors remaining but those errors, while not intentional, do not affect the provisions of this Randolph County Unified Development Ordinance. The spirit and intent of these regulations shall govern instances where errors remain. DR A F T Page 61 of 517 READERS GUIDE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE B READERS GUIDE In 1905, the North Carolina General Assembly passed the first law to allow land development regulations in North Carolina. On June 28, 2019, the North Carolina General Assembly passed NCGS § 160D, An Act to Clarify, Consolidate, and Reorganize the Land-Use Regulatory Laws of the State, along with several other bills that made changes to land-use laws in North Carolina. The process to approve these changes started in 2015 when changes were first introduced by the North Carolina Homebuilders Association. The North Carolina Bar Association Zoning, Planning, and Land Use Section introduced changes to the statutes that they thought needed to be included, and other organizations got involved. The North Carolina House of Representatives passed the bill in 2015, but the North Carolina Senate did not take up the bill. In 2017, the Senate passed the bill, but the House of Representatives did not consider the bill. Finally, in 2019, both houses of the North Carolina General Assembly took up the bill, passed then reconciled the bill with it ultimately being signed by the Governor on July 11, 2019. Other revisions to the North Carolina General Statutes continue even today as this Ordinance is adopted. The changes contained in NCGS § 160D are numerous and complex. The Staff of the Randolph County Department of Planning and Zoning has worked for over a year implementing the changes as required by the new statutes. Part of the process of the overhaul was to make The Randolph County Unified Development Ordinance more user- friendly and to comply with certain statutory provisions contained in NCGS § 160. What follows is the revised and updated Randolph County Unified Development Ordinance. Readers and users shall make note of the following information. 1. Session Law 2019-111, the law that created NCGS § 160D, had a different numbering sequence. The Reconciliation Commission changed the numbering sequence, and the information contained in this Randolph County Unified Development Ordinance matches that sequence for most of this Ordinance. 2. The existing Randolph County Unified Development Ordinance has been reformatted. Information that was previously contained in Article II (Zoning) of the previous Ordinance can be found in Article 600. DR A F T Page 62 of 517 TABLE OF CONTENTS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE c TABLE OF CONTENTS ARTICLE 100: GENERAL PROVISIONS ................................................................................. 1 101: Application ................................................................................................................................. 1 102: Unified Development Ordinance Definitions .............................................................................. 1 103: Watershed Protection Ordinance Definitions .......................................................................... 55 104: Flood Damage Prevention Ordinance Definitions ................................................................... 63 105: Unified Development Ordinance ............................................................................................. 74 106: Development Approvals Run with the Land ............................................................................ 74 107: Maps ........................................................................................................................................ 74 108: Refund of Illegal Fees .............................................................................................................. 75 109: Conflicts of Interest .................................................................................................................. 75 110: Construction............................................................................................................................. 77 111: Effect on Prior Laws ................................................................................................................ 77 112: Severability .............................................................................................................................. 78 ARTICLE 200: PLANNING AND DEVELOPMENT REGULATION JURISDICTION .......................... 79 201: Planning and Development Regulation Jurisdiction ................................................................ 79 202: County Approval of Municipal Jurisdiction ............................................................................... 79 203: County Authority within Municipal Jurisdiction ........................................................................ 79 204: Transfer of Jurisdiction ............................................................................................................ 79 205: Relinquishment of Jurisdiction ................................................................................................. 80 206: Process for Local Government Approval ................................................................................. 80 207: Local Acts ................................................................................................................................ 80 208: Effect on Vested Rights ........................................................................................................... 80 209: Split Jurisdiction ....................................................................................................................... 81 210: Pending Jurisdiction ................................................................................................................ 81 ARTICLE 300: BOARDS AND ORGANIZATIONAL ARRANGEMENTS ........................................ 83 301: Planning Board ........................................................................................................................ 83 302: Zoning Board of Adjustment .................................................................................................... 84 303: Rules of Procedure .................................................................................................................. 84 304: Oath of Office........................................................................................................................... 85 305: Appointments to Boards .......................................................................................................... 85 306: Remote Meetings during Declared Emergencies .................................................................... 85 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS ......................................... 89 401: Application ............................................................................................................................... 89 402: Administrative Staff .................................................................................................................. 89 DR A F T Page 63 of 517 TABLE OF CONTENTS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE d 403: Administrative Development Approvals and Determinations .................................................. 91 404: Enforcement ............................................................................................................................ 93 405: Fines and Penalties ................................................................................................................. 95 406: Appeals of Administrative Decisions ....................................................................................... 97 407: Quasi-Judicial Procedure ........................................................................................................ 99 408: Process for Adopting, Amending, or Repealing Development Regulations .......................... 102 409: Notice of Hearing on Proposed Zoning Map Amendments ................................................... 103 410: Citizen Comments ................................................................................................................. 104 411: Planning Board Review and Comment ................................................................................. 105 412: Final Action Statement .......................................................................................................... 106 413: Moratoria ................................................................................................................................ 108 414: Vested Rights and Permit Choice.......................................................................................... 109 415: Vested Rights for Site-Specific Vesting Plans ....................................................................... 113 416: Delivery of Permits Issued by County Agency ...................................................................... 117 ARTICLE 500: PLANNING ............................................................................................... 119 501: Plans ...................................................................................................................................... 119 502: Grants, Contracts, and Technical Assistance ....................................................................... 121 503: Coordination of Planning ....................................................................................................... 121 ARTICLE 600: ZONING ORDINANCE ................................................................................. 123 601: Purposes ................................................................................................................................ 123 602: Grant of Power....................................................................................................................... 123 603: Zoning Districts ...................................................................................................................... 125 604: Incentives ............................................................................................................................... 126 605: Quasi-Judicial Zoning Decisions ........................................................................................... 127 606: Zoning Conflicts with Other Development Standards............................................................ 129 607: Bona Fide Farms ................................................................................................................... 129 608: Zoning Districts ...................................................................................................................... 132 609: District Boundaries Shown on Zoning Map ........................................................................... 133 610: Interpretation of District Boundaries ...................................................................................... 133 611: Application of Regulations ..................................................................................................... 133 612: Buffer Standards .................................................................................................................... 134 613: Zoning Districts Established .................................................................................................. 136 614: Overlay District Regulations .................................................................................................. 150 615: Procedures for Subdivision Overlay Districts ........................................................................ 171 616: Impact Analysis for Major Residential Rezoning Requests ................................................... 173 617: Adopted Scenic Corridor Overlay District Plan ...................................................................... 174 618: Table of Permitted Uses ........................................................................................................ 179 DR A F T Page 64 of 517 TABLE OF CONTENTS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE e 619: New or Unlisted Uses ............................................................................................................ 195 620: Special Use Permits .............................................................................................................. 195 621: Detailed Regulations for Specific Uses ................................................................................. 198 622: Temporary Health Care Structures........................................................................................ 251 623: Family Care Homes ............................................................................................................... 252 624: Fences ................................................................................................................................... 253 625: Fence Wraps ......................................................................................................................... 253 626: Manufactured Homes ............................................................................................................ 254 627: Public Buildings ..................................................................................................................... 254 628: Multiple Homes on One Parcel .............................................................................................. 255 629: Small Area Plans ................................................................................................................... 255 630: Adopted Small Area Plans ..................................................................................................... 256 631: Dimensional Requirements and Table of Area and Yard Requirements .............................. 260 632: Notes to the Table of Area and Yard Requirements ............................................................. 262 633: Development Agreements ..................................................................................................... 264 634: Off-Street Parking and Loading Requirements ..................................................................... 265 635: Signs ...................................................................................................................................... 267 636: Abandoned, Nuisance, and Junked Motor Vehicles.............................................................. 278 637: Litter ....................................................................................................................................... 285 638: Street Naming and Addressing.............................................................................................. 287 639: Battery-Charged Security Fences ......................................................................................... 295 640: Unmanned Aircraft Traffic Control Devices ........................................................................... 296 641: Non-Conformances ............................................................................................................... 298 642: Flow Charts for Public Hearing Requests ............................................................................. 301 ARTICLE 700: SUBDIVISION ORDINANCE ......................................................................... 306 701: Authority ................................................................................................................................. 306 702: Applicability ............................................................................................................................ 306 703: Review Process, Filing, and Recording Subdivision Plats .................................................... 307 704: Contents and Requirements of Regulations .......................................................................... 309 705: Notice of New Subdivision Fees and Fee Increases ............................................................. 314 706: Effect of Plan Approval on Dedications ................................................................................. 315 707: Penalties for Transferring Lots in Unapproved Subdivisions ................................................ 315 708: Appeals of Decisions on Subdivision Plats ........................................................................... 317 709: Application of Ordinance ....................................................................................................... 317 710: Approval Required for Building Permit .................................................................................. 317 711: Variances Due to Site Conditions .......................................................................................... 318 712: Conflicting Ordinances .......................................................................................................... 318 713: Amendment Procedure .......................................................................................................... 318 DR A F T Page 65 of 517 TABLE OF CONTENTS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE f 714: State Platting and Disclosure Statement Requirement ......................................................... 318 715: Enforcement .......................................................................................................................... 318 716: Procedure for Approval for Subdivisions ............................................................................... 319 717: General Requirements and Minimum Design Standards ...................................................... 319 718: Improvements Required Before Approval of Final Plat ......................................................... 324 719: Specifications for Preliminary Plat ......................................................................................... 327 720: Specifications for Final Plat ................................................................................................... 330 721: Specifications for Minor Subdivision Plat .............................................................................. 331 722: Design Standards for Private Streets .................................................................................... 332 723: Approval of Water Supply and Waste Treatment Systems ................................................... 333 724: Required Certifications .......................................................................................................... 334 725: Model Homes within Subdivision Developments................................................................... 334 ARTICLE 800: WATERSHED PROTECTION ORDINANCE ..................................................... 336 801: Watershed Protection Ordinance .......................................................................................... 336 802. Subdivision Regulations ........................................................................................................ 339 803: Establishment of Watershed Areas ....................................................................................... 343 804: Watershed Areas Allowed and Non-Allowed Uses ............................................................... 344 805: Watershed Areas: Density and Built-Upon Limits ................................................................. 346 806: Calculation of Project Density ................................................................................................ 347 807: Density Averaging ................................................................................................................. 350 808: Cluster Development ............................................................................................................. 351 809: Vegetated Setbacks Required ............................................................................................... 352 810: Application of Regulations ..................................................................................................... 352 811: Rules Governing the Interpretation of Watershed Area Boundaries ..................................... 353 812: Existing Development ............................................................................................................ 354 813: Watershed Protection Permit ................................................................................................. 354 814: Building Permit Required ....................................................................................................... 355 815: Watershed Protection Occupancy Permit ............................................................................. 355 816: Public Health, In General ....................................................................................................... 356 817: Abatement ............................................................................................................................. 356 818: Watershed Administrator and Duties ..................................................................................... 356 819: Appeal from the Watershed Administrator ............................................................................ 357 820: Changes and Amendments to the Watershed Protection Ordinance ................................... 358 821: Public Notice and Hearing Required ..................................................................................... 358 822: Establishment of Watershed Review Board .......................................................................... 358 823: Rules of Conduct for Members .............................................................................................. 359 824: Powers and Duties of the Watershed Review Board ............................................................ 360 825: Appeals from the Watershed Review Board ......................................................................... 363 DR A F T Page 66 of 517 TABLE OF CONTENTS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE g 826: Randleman Lake Watershed Riparian Buffers ...................................................................... 363 ARTICLE 900: FLOOD DAMAGE PREVENTION ORDINANCE ................................................ 394 901: Flood Damage Prevention Ordinance ................................................................................... 394 902. General Provisions ................................................................................................................ 395 903: Administration ........................................................................................................................ 397 904: Floodplain Development Application, Permit, and Certification Requirements ..................... 397 905: Duties and Responsibilities of the Floodplain Administrator ................................................. 404 906: Provisions for Flood Hazard Reduction ................................................................................. 412 907: Legal Status Provisions ......................................................................................................... 427 ARTICLE 1000: JUDICIAL REVIEW ................................................................................... 430 1001: Declaratory Judgments .......................................................................................................... 430 1002: Appeals in the Nature of Certiorari ........................................................................................ 430 1003: Appeals of Decisions on Subdivision Plats ........................................................................... 437 1004: Civil Action for Declaratory Relief, Injunctive Relief, Other Remedies; Joinder of Complaint and Petition for Writ of Certiorari in Certain Cases ................................................................................... 438 1005: Statutes of Limitation ............................................................................................................. 440 1006: Attorneys’ Fees ...................................................................................................................... 441 AMENDMENTS ....................................................................................................................II DR A F T Page 67 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 1 ARTICLE 100: GENERAL PROVISIONS 101: APPLICATION A. The provisions of this Ordinance shall apply to all development projects and programs according to NCGS § 160D or applicable or related local acts. To the extent there are contrary provisions in local chapters or acts, NCGS § 160D-1011 is applicable unless this Ordinance expressly provides otherwise. The provisions of this Ordinance also apply to any other local ordinances that substantially affect land use and development. B. To the extent there are conflicts between the provisions of other development regulations and the provisions of this Ordinance, the more specific provisions shall control. C. Randolph County shall also apply any of the definitions and procedures authorized by NCGS § 160D to any ordinance that does not substantially affect land and development regulations adopted under the general police power of cities and counties, Article Eight of Chapter 160A, and Article Six of Chapter 153A respectively, and may employ any organizational structure, Board, Commission or staffing arrangement authorized by this Chapter to any or all aspects of those ordinances. The inclusion of a regulation authorized by NCGS § 160D or a local act in this Ordinance does not expand, diminish, or alter the scope of authority for those regulations. D. NCGS § 160D does not expand, diminish, or alter the scope of authority for planning and development regulation authorized by other Chapters of the General Statutes. 102: UNIFIED DEVELOPMENT ORDINANCE DEFINITIONS Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this Ordinance. Unless otherwise specifically provided, all references to specific North Carolina General Statutes shall mean the definition at the date of adoption of this Ordinance and as the statute may be amended in the future by the North Carolina General Assembly. Any term not defined by this Ordinance shall have the commonly accepted definition as found in a dictionary or the most recent edition of Black’s Law Dictionary or as determined by the Randolph County Planning Director. (1) Abandoned Motor Vehicle: A vehicle that is: DR A F T Page 68 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 2 (a) Left on public grounds or County-owned property in violation of a law or ordinance prohibiting parking; (b) Left for longer than 24 hours on property owned or operated by the County; (c) Left for longer than two hours on private property without the consent of the landowner, occupant, or lessee of the property; or (d) Left for longer than seven days on public grounds. (2) Access Corridor: A strip of land lying between the side lot boundary lines of lakefront lots offering access to lots one lot depth away from the water's edge. (3) Access Lot: A lot having lake or river frontage and road frontage, which offers lake frontage and/or lake access to those lots not having direct lake frontage within lakefront subdivisions. (4) Accessory Building: A detached subordinate building that is usually smaller than the primary building, the use of which is incidental to that of a principal building on the same lot. For this Ordinance, an accessory building cannot be used for residential purposes or commercial operations unless the parcel is properly zoned. (5) Accessory Manufactured Home: A manufactured home that is incidental and subordinate to the principal use or building and located on the same lot as the principal use or building. The use of an accessory manufactured home for storage in any zoning district is strictly prohibited. (6) Accessory Use: A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. (7) Activities of Daily Living: Bathing, dressing, personal hygiene, ambulation, or locomotion, transferring, toileting, and eating. (8) Address: A unique identification of a location that may consist of a number, road name, unit number, if any, and ZIP Code. (9) Advanced Air Mobility Radar: A system for detecting the presence, direction, distance, and speed of unmanned electrical aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace, by sending out pulses of high-frequency electromagnetic waves that are reflected off the object back to the source that supports a transportation system of unmanned electrical aircraft or electrical vertical take-off and landing aircraft. (10) Advertising Sign: A large display outdoors that is used to advertise various businesses or activities to the traveling public. DR A F T Page 69 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 3 (11) Addressing Axes: A paralleled grid system shall be used to assign starting numbers on both public and private roads. Baselines selected for the paralleled grids are US Highway 220 Business from north to south, and that portion of Randleman Road to Guilford County, and US Highway 64 from east to west. Each addressing baseline shall pass through the County from boundary to boundary. The computer-generated grid system shall be used in such a manner and grid as to generate addressable numbers for every twenty feet per road frontage. (12) Administrative Decision: Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards outlined in this Ordinance. These are sometimes referred to as ministerial decisions or administrative determinations. (13) Administrative Hearing: A proceeding to gather facts needed to make an administrative decision. (14) Adult Bookstore: This definition, for this Ordinance, shall follow NCGS § 14- 202.10. (15) Adult Entertainment Establishment: This definition, for this Ordinance, shall follow NCGS § 14-202.10. (16) Adult Live Entertainment: This definition, for this Ordinance, shall follow NCGS § 14-202.10. (17) Adult Live Entertainment Business: This definition, for this Ordinance, shall follow NCGS § 14-202.10. (18) Adult Motion Picture Theatre: This definition, for this Ordinance, shall follow NCGS § 14-202.10. (19) Adult Motel: A hotel, motel, or similar commercial establishment that: (a) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that depict or describe specified sexual activities, or specified anatomical areas as one of its principal business purposes; (b) Offers a sleeping room for rent for a period that is less than ten hours; or (c) Allows a tenant or occupant of a sleeping room to subagent the room for a period that is less than ten hours. DR A F T Page 70 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 4 (20) Adult Mini Motion Picture Theatre: This definition, for this Ordinance, shall follow NCGS § 14-202.10. (21) Adult Theatre: See Adult Motion Picture Theatre and Adult Mini Motion Picture Theatre. (22) Adult Video/Bookstore: See Adult Bookstore. (23) Aerospace: The study of science, engineering, and businesses to allow flight in the atmosphere of Earth and surrounding space. (24) Aerospace Business: Researches, designs, manufactures, operates, and maintains aircraft or spacecraft. (25) Agritourism: Any activity carried out on a farm or ranch that allows members of the public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your- own activities, or natural activities and attractions. (26) Airfields (General Aviation): See Airport. (27) Airport: Means any area of land or water, except a restricted landing area, which is designed for the landing and takeoff of aircraft, whether facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way, whether heretofore or hereafter established. (28) Airport Hazards: Any structure, tree, or use of land, that obstructs the airspace required for or is otherwise hazardous to the flight of aircraft landing or taking off at the airport. (29) Alley: A strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side of properties otherwise abutting on a street. (30) Alterations: This word shall include any of the following: (a) Any addition to the height or depth of a building; (b) Any change in the location of any of the exterior walls of a building; or (c) Any increase in the interior accommodations of a building. DR A F T Page 71 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 5 (31) Alternative Tower Structure: Clock towers, sculptures, bell steeples, light poles, and similar alternative-design mounting structures that conceal the presence of antennas or towers and are architecturally compatible with the area. (32) Amusements, Indoor Commercial: See Indoor Commercial Amusements. (33) Amusements, Outdoor Commercial: See Outdoor Commercial Amusements. (34) Animal Breeding: The process of selective mating of various animals to maintain or enhance the breed or species. (35) Antenna: Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. (36) Apartment: A room or suite of one or more rooms in a multi-family residence (three or more dwelling units) intended for use as a place of residence of a single-family or a group of individuals living together as a single housekeeping unit. (37) Apparel: Any type of clothing. (38) Appeal: An action initiated at the request of a citizen to challenge or overturn a decision of any administrative officer (e.g., Planning Director, Code Enforcement Officer, etc.) or Board (e.g., Randolph County Planning Board, etc.) following the procedures outlined in this Ordinance. (39) Applicable Codes: The North Carolina State Building Code and any other uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization, together with State or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons. (40) Appliance Sales: A facility that sells machines that are used around the home or business, such as a stove, oven, microwave oven, water heater, clothes washing, or drying machine. (41) Application: A request submitted by an applicant to Randolph County for a permit. For Article 600, Section 620, Wireless Telecommunication Facilities, this definition shall include collating wireless facilities or approving the installation, modification, or replacement of a utility pole, city utility post, or a wireless support structure. (42) Asphalt Plant: A facility designed to mix aggregates and other components to create asphalt. (43) Auction Sales: A sales event where potential buyers place bids in an open or closed format. DR A F T Page 72 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 6 (44) Auction Sales Yard (Permanent): A permanent location where auction sales take place on a regular or near regular basis (e.g., weekly, bi-weekly, monthly). (45) Auction Sales Yard (Temporary): A location where an auction sale takes place on a short-term basis (e.g., one day, two days). (46) Automobile and Truck Rental: A facility designed for short-term rentals of automobiles and trucks. (47) Automobile Body Shops: Businesses that specialize in bodywork repair of automobiles or large vehicles. This definition does not include the open storage of wrecked vehicles. (48) Automobile Car Wash: A facility used to clean the exterior and, in some instances, the interior of a motor vehicle. (49) Automobile Part Sales: A facility that offers repair parts and accessories for automobiles and large vehicles for retail or wholesale sales. (50) Automobile Racetrack: A facility designed, built, and used for racing vehicles. This term shall be applied to all facilities used for racing vehicles, regardless of the size of the facility. (51) Automobile Service Station: A building or other structure or a tract of land where gasoline or other similar fuel, stored in tanks, is dispensed directly to users of motor vehicles. The following activities are included as accessory uses to a service station: the dispensing of oil, grease, antifreeze, tires, batteries, and automobile accessories directly to users of motor vehicles; tuning motors, minor wheel, and brake adjustment, waxing and polishing, and other minor servicing and repair to the extent of installation of the items listed above; washing of automobiles, provided that no chain conveyor, blower, steam cleaner or other mechanical device is employed. All other activities shall be prohibited, including, but not limited to, upholstering work, auto glasswork, painting, welding, tire recapping, auto dismantling, and auto sales. (52) Automobile Wrecking Establishment: A facility or business for the dismantling or destruction of used motor vehicles and trailers. (53) Automotive Storage: A facility designed for the storage of automotive vehicles. This term does not include the storage of wrecked or junked automotive vehicles. (54) Aviation: The activities surrounding mechanical flight and the aircraft industry. (55) Bakery: A location that produces and sells foods baked in any type of oven. DR A F T Page 73 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 7 (56) Bank: A financial institution that is licensed to receive deposits, make loans, and provide financial services such as wealth management, currency exchanges, and safe deposit boxes. (57) Banner: A piece of cloth, paper, or some other material that is hung in a public place. (58) Barber/Beauty Shop: A location where a customer can go for haircuts and other services related to hair care. (59) Base Station: A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics. (60) Base Tract: A piece of property as it existed before dividing the property or merging a portion of the parcel with another piece of land. These parcels are generally ten acres or larger. (61) Battery: A device consisting of one or more electrochemical cells with external connections provided to power electrical devices such as flashlights, mobile phones, and electric cars. (62) Battery-Charged Security Fence: An alarm system and ancillary components, or equipment attached to that system, including a fence, a battery-operated energized that is intended to periodically deliver voltage impulses to the fence, and a battery charging device used exclusively to charge the battery. A battery-charged security fence shall meet the following requirements: (a) Interfaces with a monitored alarm device enabling the alarm system to transmit a signal intended to summon the businesses or law enforcement in response to an intrusion or burglary; (b) Is located on property that is not designated by the County exclusively for residential use; (c) Has an energizer that is powered by a commercial storage battery that is not more than twelve volts of direct current; (d) Has an energizer that meets the standards established by the most current version of the International Electrotechnical Commission Standard 60335-2-76; (e) Is surrounded by a non-electric perimeter fence or wall that is not less than five feet in height; DR A F T Page 74 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 8 (f) Is ten feet in height or two feet higher than the non-electric perimeter fence or wall, whichever is higher; and (g) Is marked with conspicuous warning signs that are located on the battery-charged security fence at not more than thirty-foot intervals and read: “WARNING – ELECTRIC FENCE.” (63) Beauty Shop: See Barber/Beauty Shop. (64) Bedroom: See Sleeping Unit. (65) Biofuel: A fuel that is produced from renewable sources such as new and used vegetable oils and animal fats. (66) Biofuel Production: A facility that produces biofuels. (67) Biotechnology Manufacturing: The exploration of biological processes for industrial and other purposes, which can include the genetic manipulation of microorganisms to produce other products such as antibiotics or hormones. (68) Blockchain: A type of distributed ledger maintained usually on a peer-to-peer (P2P) computer network for recording transactions, tracking assets, and building trust. (69) Board of Adjustment: See Zoning Board of Adjustment. (70) Boat Sales and Service: A facility for the retail sales of marine craft and/or repair of marine craft. (71) Bona fide farm: Agricultural activities as outlined in NCGS § 160D-903. (72) Bond fide farm purposes: Agricultural activities as outlined in NCGS §160D-903. (73) Bottling Plant: A facility where the operation is for the bottling of various beverages for distribution. (74) Brick Manufacturing: A facility for the manufacturing and sales of brick used in construction. (75) Buffer: A horizontal distance between uses that provides a functional separation and/or a visual separation. (76) Buffer Strip: An area shown on a site plan as a buffer as defined in this Ordinance, which shall be established and maintained in perpetuity by the owner of the property when a buffer is required under the terms and provisions of this Ordinance. DR A F T Page 75 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 9 (77) Builders Supply Sales: A facility for retail or wholesale sales of various products used in the construction industry. (78) Building: A structure with a roof and walls such as a house, school, or store, used or intended for supporting or sheltering any use or occupancy. (79) Building Design Element: This term includes the exterior building color; type or style of exterior cladding material; style or materials of roof structures and porches; exterior non-structural architectural ornamentation; location or architectural styling of windows and doors, including garage doors; the number and type of rooms; and the interior layout of rules. This term does not include any of the following: (i) the height, bulk, orientation, or location of a structure on a zoning lot; (ii) the use of buffering or screening to minimize visual impacts, to mitigate the impacts of light and noise, or to protect the privacy of neighbors; or (iii) regulations adopted according to this Ordinance governing the permitted uses of land or structures subject to the North Carolina Residential Code for One- and Two-Family Dwellings. (80) Building Permit: For interpretation of Article 600, Section 620, Wireless Telecommunication Facilities, this term shall mean an official administrative authorization issued by Randolph County before beginning construction consistent with the provisions of NCGS § 160D-1110. (81) Building Setback Line: A line establishing the minimum allowable distance between the main portion of any building and the street or highway right-of-way line and property lines when measured perpendicularly thereto. Covered porches, patios, and carports, whether enclosed or unenclosed, are considered part of the main building and shall not project into the required yard. (82) Building, Accessory: See Accessory Building. (83) Building, Principal: The main building or structure on a single lot where the principal use of the property is conducted. (84) Bus Station: A facility for the arrival and departure of buses used for commercial transportation. (85) Business Offices: See Professional Offices. (86) Business School: A high-level education facility where students learn subjects related to business and commerce, such as economics, finance, and computer science. (87) Cabinet Making: A facility used for the manufacturing of cabinets and other home furnishings. (88) Car Cover: Specifically manufactured and retailed for covering a car. DR A F T Page 76 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 10 (89) Caregiver: An individual eighteen years of age or older who (i) provides care for a mentally or physically impaired person and (ii) is a first- or second-degree relative of the mentally or physically impaired person for whom the individual is caring. (90) Cement Manufacturing: A facility for the manufacturing and sales of various cement or concrete products used in the construction industry. (91) Cemetery: A facility established for the burial or interment of remains of deceased people. (92) Certificate of Occupancy: A statement, signed by an administrative officer, setting forth that the building, structure, or use complies with this Ordinance and that the same may be used for the purposes stated therein. (93) Certiorari: A legal process that seeks judicial review of a decision of a lower court or a government agency. Also, an order issued by a superior court to an inferior court requiring the latter to produce certified records of a case tried by the inferior court. (94) Chapter: For this Ordinance, this term is interpreted as defined in NCGS § 160A- 1 (2). (95) Chemical Manufacturing: A facility that is used for the transformation of organic and inorganic raw materials via chemical process into another type of material. (96) Church: A facility used by the public for worship. This term shall also mean temples, mosques, synagogues, and all other places of worship. (97) Citation: An order to pay a civil penalty for a violation, delivered to a violator by the Randolph County Planning Director or designated Code Enforcement Officer, issued after the period set out in the Notice of Violation for taking corrective measures has expired. (98) Civil Penalty: Remedial monetary penalties assessed as partial reimbursement to Randolph County for the enforcement of this Ordinance. (99) Class A Manufactured Home: A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the US Department of Housing and Urban Development that were in effect at the time of construction and that satisfy the following additional criteria: (a) The manufactured home has a length ratio exceeding four times its width (e.g., a doublewide unit); DR A F T Page 77 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 11 (b) The pitch of the manufactured home's roof has a minimum vertical rise of two and 2/10 inches for every twelve feet of a horizontal run (2.2 inches in twelve feet), and the roof is finished with shingles; (c) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding, wood, or hardboard; (d) A continuous, permanent masonry foundation, unpierced except for ventilation and access, is installed under the manufactured home; (e) The tongue, axles, removable towing apparatus, and transporting lights are removed after final placement on the site; and (f) A minimum of 1,200 square feet of interior space. (100) Class B Manufactured Home: A manufactured home constructed after July 1, 1976, that meets or exceeds the standards promulgated by the US Department of Housing and Urban Development that were in effect at the time of construction, but which does not meet the definition of a Class A manufactured home. (101) Class C Manufactured Home: A manufactured home that does not meet the definition of either a Class A or a Class B manufactured home. (102) Classic Vehicle: A vehicle that: (a) Is titled (vehicle owner must possess title); (b) Is listed with the Randolph County Tax Department; (c) Has a minimum value of $400; (d) Is restorable; and (e) Contains a power train (including motor and transmission). (103) Clerk of Superior Court: Clerk of Superior Court of Randolph County, North Carolina. (104) Clinic: A facility where outpatients receive medical treatment or advice. (105) Club, Private, non-profit: See Private Club, Non-profit. (106) Coal Sales and Storage: A facility for the sales and commercial storage of coal for use in either homes or industries. DR A F T Page 78 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 12 (107) Coating Manufacturing: A facility that makes coverings that are applied to the surface of an object. (108) Co-location: The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term does not include the installation of new utility poles or wireless support structures. This term also includes the placement, installation, maintenance, modification, operation, or replacement of advanced air mobility radar on the surface of existing structures, including water towers, buildings, and other structures capable of structurally supporting the attachment of advanced air mobility radar in compliance with applicable codes. This term does not include the installation or construction of new structures. (109) Commercial Business Park Identification Sign: A sign placed per this Ordinance that is used to identify a commercial business park by name and or section number. (110) Communications Facility: For interpretation of Article 600, Section 620, Wireless Telecommunication Facilities, this term shall mean the set of equipment and network components, including wires and cables, and associated facilities used by a communications service provider to provide communications service. (111) Communications Service: Cable service as defined in 47 USC § 522 (6), information service as defined in 47 USC § 153 (24), telecommunications service as defined in 47 USC § 153 (53), or wireless services. (112) Communications Service Provider: A cable operator as defined in 47 USC § 522 (5); a provider of information service, as defined in 47 USC § 153 (24); a telecommunications carrier, as defined in 47 USC § 153 (51), or a wireless provider. (113) Community Center: A facility where people from a community can meet for social, educational, or recreational activities. This term shall include private or public community centers. (114) Community Development Target Area: An area that has characteristics of an urban progress zone under NCGS § 143B-437.09. (115) Compartmentalized Storage Facility: See Mini warehouse. (116) Component: Any assembly, subassembly, or combination of elements designed to be combined with other components to form part of a building or structure. An DR A F T Page 79 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 13 example of a component includes an excavated footing trench containing no concrete. A component is not a system. (117) Component Manufacturing: A facility where components are made or components are put together to form a larger part. (118) Comprehensive Plan: A comprehensive plan that has been officially adopted by the Randolph County Board of Commissioners according to NCGS § 160D-501. See Randolph County Growth Management Plan. (119) Concrete Plant: A facility that has the equipment to mix the ingredients to form concrete. (120) Conditional District: An area in which site plans or individualized development conditions are imposed at the request of the property owner(s). (121) Conditional Zoning: A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment. (122) Condominium Development: Two or more single units in a multi-unit structure with common areas and facilities on one tract of land. Unit owners own only the interior portion of their unit and accessory space and have an undivided interest in the common areas and facilities. Residential condominiums are multi-family developments. (123) Container: A metal, paper, or plastic receptacle with a tight-fitting lid used for the disposal and storage of solid waste. (124) Contractor Storage Yard: A facility or land used for the storage of equipment, vehicles, machinery, and building materials, for the use of the owner in the conduct of building trade. For this Ordinance, building trade shall be, but not limited to, general contractors, electrical contractors, and landscaping contractors. (125) Convenience Store: A retail business that stocks various food items (e.g., coffee, snack foods, drinks, etc.) for the traveling public and may or may not have the sale of fuel for various vehicles. (126) Conventional Modular Home: See Modular Home, Conventional. (127) Corner Lot: See Lot, Corner. (128) Corporate Offices: A facility that serves as the central location for a company where decisions are made and usually maintains the offices of top executives. (129) County: Any one of the counties listed in NCGS § 153A-10. For this Ordinance, County means Randolph County. DR A F T Page 80 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 14 (130) Credit Union: A non-profit cooperative where members can deposit funds and members can borrow from pooled deposits at low interest rates. (131) Cryptocurrency: A digital currency designed to work as a medium of exchange through a computer network that is not reliant on any central authority, such as a government or bank, to uphold or maintain it. (129) Cryptocurrency Facility: An establishment of specialized computer equipment for mining blockchain-based cryptocurrencies, such as, but not limited to, Bitcoin. These activities may be described as, but not limited to, “crypto mining,” “proof of work,” or “proof of stake” which involve algorithms as part of the development and maintenance of a blockchain. Typical equipment used in this facility can include computer hardware for mining operations, as well as equipment to cool the hardware and operating space. (130) Cul-de-sac: A short street having but one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided. (131) Cut Stone Manufacturing and Sales: A facility established for cutting, shaping, and finishing natural stones for use in buildings and other various uses. (132) Dairy Products Processing: A facility used to manufacture various dairy products such as milk, butter, and cream. (133) Day Care Facility (corporate): A facility inside a commercial structure that is for the care of children of the employees only. (134) Day Care Facility (freestanding): A facility with its own building that is used for the care of children. (135) Day Care Facility (in-home): A facility within the home of the operator that is used for the care of children. (136) Decision-Making Board: A governing board, planning board, board of adjustment, historic district board, or other board assigned to make quasi-judicial decisions under this Chapter. (137) Dedication: A gift, by the owner, of his property to another party without any consideration being given for the transfer. Since a transfer of property is involved, the dedication shall be by a written instrument and recorded with an acceptance. (138) Dental Clinic: A facility where dental services are rendered, including facilities established for educational uses or outpatient use. (139) Dental Laboratory: A facility that specializes in manufacturing a variety of products used by dentists to assist in the provision of oral health care. DR A F T Page 81 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 15 (140) Determination: A written, final, and binding order, requirement, or determination regarding an administrative decision. (141) Developer: A person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property. (142) Development: Unless the context indicates otherwise, the term means any of the following: (a) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure; (b) The excavation, grading, filling, clearing, or alteration of land; (c) The subdivision of land as defined in NCGS § 160D-802; or (d) The initiation of a substantial change in the use of land or the intensity of the use of land. (143) Development Approval: A written administrative or quasi-judicial approval made according to this Ordinance and the General Statutes of North Carolina is required before commencing development or undertaking a specific activity, project, or development proposal. Development Approvals include but are not limited to, Zoning Permits, site plan approvals, Special Use Permits, Variances, and Certificates of Appropriateness. This term also includes all other regulatory approvals required by regulations adopted according to NCGS § 160D, including plat approvals, permits issued, development agreements entered, and building permits issued. (144) Development Impact Analysis: Information provided by the Randolph County Planning and Zoning Department necessary for the Randolph County Planning Board and County Staff to determine the feasibility of a development proposal based on its impact on the community and the capacity of the County government to provide adequate public facilities. (145) Development Permit: This term means an administrative or quasi-judicial approval that is written and that is required before commencing development or undertaking a specific activity, project, or development proposal, including any of the following: (a) Building permits; (b) Certificates of Appropriateness; DR A F T Page 82 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 16 (c) Development agreements; (d) Driveway permits; (e) Erosion and sedimentation control permits; (f) Plat approvals; (g) Sign permits; (h) Site plan approvals; (i) Special Use Permits; (j) State agency permits for development; (k) Subdivision of land; (l) Variances; or (m) Zoning permits. (146) Development Regulation: A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, North Carolina State Building Code enforcement, or any other regulation adopted according to NCGS § 160D or a local act or charter that regulates land use or development. (147) Directional Gateway Sign: A sign designed to promote safety, traffic flow, and enhance area economic development by directing the public to a business or industrial development. Directional signs are off-premise signs limited exclusively to the name of the establishment, location, or direction of route to such establishment. Advertising messages are prohibited. (148) Distribution: The act or process of shipping goods. (149) Distribution Center: A facility, often a warehouse or specialized building, used to ship products to various parts of the State, country, and world. (150) Double-Frontage Lot: See Lot, Double-Frontage. (151) Down-zoning: For this Ordinance, this means a rezoning that affects a parcel or zoning district in one of the following ways: DR A F T Page 83 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 17 (a) By decreasing the development density of the land to be less dense than was allowed under its previous usage or zoning; or (b) By reducing the permitted uses of the land as specified in this Ordinance or the Randolph County Growth Management Plan to fewer uses than were allowed under its previous usage or zoning. (152) Drive, Private: See Private Drive. (153) Drive-in Theatre: An outdoor facility that consists of a large movie screen, a projection booth, and a parking area for patrons. (154) Drive-in Window Services: A facility where customers or patrons can remain in their vehicle to obtain services or goods. (155) Drive-Through: A facility where customers or patrons can use a facility while remaining in their motor vehicle. Vehicle stacking can result from the use of a drive- through. (156) Driveway: An access, with no specified development standards, to a single lot from either a public or a private roadway. (157) Drugstore: A facility where a pharmacist dispenses medication. (158) Dry Cleaning: The process of using chemicals like organic solvents to clean garments. (159) Duplex: A residential structure consisting of two apartments. (160) Dwelling: Any building, structure, manufactured home, mobile home, or part thereof, used and occupied for human habitation or intended to be used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. For this Ordinance, the term does not include any manufactured home, manufactured home, or recreational vehicle, if used solely for a seasonal vacation purpose. (161) Dwelling Unit: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. (162) Dwelling, Multi-Family: A building containing three or more dwelling units. (163) Dwelling, Single-Family: A detached building containing one dwelling unit. (164) Dwelling, Two Family: A detached building containing two dwelling units. DR A F T Page 84 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 18 (165) Educational Facility: Facilities or centers established for learning new skills and for training in various occupations. (166) Electronic Changeable Face Sign: A sign, display, or device, or portion thereof, which electronically changes the fixed display screen composed of a series of lights, including light-emitting diodes, fiber optic, or other similar new technology, where the message change sequence is accomplished immediately. Electronic changeable face signs include computer-programmable, microprocessor- controlled electronic digital displays that show electronic, static images, static graphics, or static pictures. Electronic changeable face signs shall not dim, flash, fade, or scroll messages; have no moving, rotating, or flashing elements; have no animation, video, audio pyrotechnic components, or similar technology. Electronic changeable face signs continuously show one message for a minimum of five seconds in time before switching to another message. (167) Electronics Manufacturing: A facility that is used to design, manufacture, test, distribute, and repair electronic parts. (168) Element: A combination of products designed to be combined with other elements to form all or part of a building component. An element is not a system. (169) Eligible Facilities Request: A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment, but does not include a substantial modification. (170) Emblem: An object or image that represents something else such as a nation, an idea, or a group. (171) Emergency Services Facilities: Facilities that can be used by fire departments, law enforcement, and emergency medical services providers as a basis for operation, and where necessary supplies for their duties can be stored. (172) End-of-Life: Photovoltaic modules, energy storage system batteries, and other equipment used in utility-scale solar and wind energy projects that are removed and taken out of service, not to be reused. (173) Energy Storage: A process where energy is captured for use later. (174) Energy Storage System Battery: A battery that is part of a system used to store chemical energy, for use in a process that contributes to end-user demand management or grid operation and reliability. This term does not include energy storage system batteries that are part of a: (i) consumer electronic device for which it provides the electricity needed to make the consumer electronic device function or (ii) a plug-in vehicle as defined in NCGS § 20-4.01 (28a), or an alternative fuel vehicle as that term is defined in NCGS § 143-58.4 (a) (1). DR A F T Page 85 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 19 (175) Engine Part Production: The process of taking raw materials and making components and parts used in engine production. (176) Engine Production: The process of taking various components and assembling the components to make an engine. (177) EPA: The United States Environmental Protection Agency. (178) Equipment Compound: An area surrounding or near the base of a wireless support structure within which a wireless facility is located. (179) Equipment Manufacturing: A facility designed and used for building or assembling components that, when put together, result in a piece of equipment, such as farming equipment. (180) Estoppel: A principle that prevents someone from asserting a claim or right that goes against what someone has said or done before, which was used to establish truth in a public hearing. (181) Event Center: A building designed specifically to be used for events such as weddings, entertainment, or other types of functions. (182) Evidentiary Hearing: A hearing to gather competent, material, and substantial evidence to make findings for a quasi-judicial decision required by this Ordinance. (183) Ex parte Communication: Communication representing only one side of a matter or done for, on behalf of, or on the application of only one party in a quasi-judicial decision. (184) Expansion/Expanded: When used in a utility-scale solar project it means adding two megawatts AC or more of directly connected solar energy generating capacity to the local or regional electrical grid with the ability to deliver power to the electrical grid, or increasing the ability of the project to deliver power to the electrical grid by thirty-five percent, whichever is larger. (185) Expressway: An expressway is a street or road usually with a median that serves through traffic with full or partial control of access and generally, with grade separations at intersections; however, infrequent at-grade crossings may be permitted. (186) Exterminating Services: A business where the primary service is the elimination of pests ranging from insects to vermin. (187) FAA: The United States Federal Aviation Administration. DR A F T Page 86 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 20 (188) Fabricate: The process of constructing and manufacturing an item from prepared components. (189) Fall Zone: The area in which a wireless support structure may fall in the event of a structural failure, as measured by engineering standards. (190) Familial Relationship: For this Ordinance, this term means a spouse, parent, child, brother, sister, grandparent, or grandchild. This term also includes the step, half, and in-law relationships. (191) Family: Any number of related persons living together as a single housekeeping unit. (192) Family Care Home: A home defined and described in Article Three of NCGS §168 as having support and supervisory personnel, that provides room and board, personal care, and habitation services in a family environment for not more than six resident persons with disabilities. A person with disabilities means a person with a temporary or permanent physical, emotional, or mental disability including but not limited to an intellectual disability, cerebral palsy, epilepsy, autism, hearing, and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in NCGS § 122-58.2 (1) (b). (193) Farm: See Bona fide farm. (194) Farm Machinery: Vehicular implements or attachments that are designed for use in farming, whether planting, cultivating, or harvesting farm products. (195) Farm Machinery Sales: A location for the sales of farm machinery. (196) Farm Supply Sales: A facility or business that sells materials, vehicles, equipment, and other products such as feed, seed, and fertilizer, that is essential to agricultural uses of the property. (197) FCC: The United States Federal Communications Commission. (198) Fence: A barrier used to mark boundaries such as property lines or the limit of public access on a property. (199) First Degree Relative: A spouse, lineal ascendant, lineal descendant, and siblings, and includes half, step, and in-law relationships. (200) Fitness Center: A facility containing special equipment that allows people to do physical exercise and/or receive fitness training or physical and occupational therapy by licensed providers. These facilities can be gender-specific or gender- neutral, whether for competition or non-competition of members. DR A F T Page 87 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 21 (201) Flashing Sign: A sign that uses intermittent or flashing light sources or mechanically moved reflective material to attract attention is prohibited, except for those signs otherwise in compliance with this Ordinance that show messages continuously for a minimum of five seconds in time before switching to another message. (202) Flea Market: Sales area (indoors or outdoors) in which space is set aside or rented, and which is intended for use by one or more individuals to sell a variety of items such as those which are either homemade, handcrafted, used, old, or obsolete. (203) Florist: A facility where the primary business is to sell or arrange plants and cut flowers. (204) Food Freezer Operations: A facility designed and built for either the freezing or storage of frozen foods and the distribution of frozen foods. (205) Food Processing: The changing of agricultural products, whether from seed or cattle and livestock, into food products for consumption. (206) Foundry, Metal: See Metal Foundry. (207) Freeway: A freeway is a divided street or road that serves through traffic with full control of access and with grade separations at all intersections. (208) Frontage: All the property abutting on one side of a street between two intersecting streets, measured along the street line. (209) Frontage Road: A local street or road that is parallel to a full or partial access- controlled facility and functions to provide access to adjacent land. (210) Fuel Cell: An electrochemical cell that converts the chemical energy of fuel, often hydrogen, and an oxidizing agent, often oxygen, into electricity through a pair of oxidation-reduction reactions. (211) Funeral Home: A facility where deceased people are prepared for burial or cremation. This definition shall also include the establishment and use of a crematorium. (212) Furniture Manufacturing: The process of assembling various components to produce furniture for the home or office. (213) Garage, Private: An accessory structure used for storage, primarily of motor vehicles. DR A F T Page 88 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 22 (214) Garage, Repair: A facility in which machinery operated by mechanical power is installed for making major repairs to motor vehicles. (215) Garbage: All putrescible solid wastes, including food wastes and food containers, animal and vegetable matter, animal offal, carcasses, and recognizable industrial by-products, but excluding sewage and human wastes. (216) Gift Shop: A facility that sells items that can be used around the home or given as gifts. (217) GIS (Geographic Information System): A system designed to capture, store, manipulate, analyze, manage, and present spatial or geographic data. GIS applications are tools that allow users to create interactive queries, analyze spatial information, edit data in maps, and present the results of all those operations. (218) Glass Manufacturing: The production of glass via either the float glass process, which produces sheets of glass, or glassblowing, which can produce various items made from glass. (219) Golf Course: An area of land used for playing golf, whether designed for nine or eighteen holes. A golf course can be private or open to the public. (220) Golf, Miniature: See Miniature Golf. (221) Governing Board: The Randolph County Board of County Commissioners. This term is interchangeable with the term Board of Commissioners and shall mean any governing board without regard to the terminology employed in the General Statutes of North Carolina or local customary usage. (222) Government Offices: An office where employees of the government work and provide services to the citizens of a given jurisdiction. (223) Greenways: A series of independent and interconnected paths, officially designated by a County Open Space Plan, that will allow bikers, walkers, and joggers to go from one area of the County to another without driving their car or using County roads. (224) Grocery Store: A facility that sells food and other household supplies. This term shall also apply to facilities called supermarkets. (225) Gross Floor Area: The interior floor area of a building, exclusive of stairways, storage, closets, and elevator shafts. (226) Ground Sign: A sign resting directly on the ground and supported using wheels, upright pillars, braces, or posts placed upon or in the ground and not attached to DR A F T Page 89 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 23 any parts of a building. This definition includes temporary rental signs usually attached to wheels. (227) Group Home: This definition, for this Ordinance, shall follow NCGS § 131D-2. (228) Growth Management Area: Specific growth areas identified as Primary Growth, Secondary Growth, Rural Growth, Zoological Park Environmental, Municipal, and Watershed Overlay, and identified through broad policy statements in the Randolph County Growth Management Plan. (229) Guest Home (Tourist Home): Any dwelling occupied by the owner or operator in which rooms are rented for lodging or transients and travelers for compensation. (230) Gunsmith: A person who makes, sells, and repairs small firearms. (231) Hardware Store: A facility for the selling of tools, paint, gardening tools, and other items used around a home or business. (232) Headquarters: See Corporate Offices. (233) Health Center: A facility that is a community-based and patient-directed organization that delivers comprehensive primary health care services. For this Ordinance, this definition also includes the Randolph County Public Health Department. (234) Home Furnishing: A facility that sells personal property such as furniture, appliances, rugs, cooking utensils, and other items used around the home. (235) Home Occupation: Any use conducted entirely within a dwelling and carried on by the occupants, which use is incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character, and in connection with which there is no display and no more than one person, not a resident on the premises, is employed specifically in connection with the home occupation. Uses for a Home Occupation shall include only the following: (a) The office or studio of a physician or surgeon, dentist, artist, craftsperson, musician, lawyer, architect, teacher, or other professional person residing on the premises; (b) Workshops not conducted for profit; or (c) Customary home occupations such as millinery, dressmaking, and hairdressing are conducted by a person residing on the premises. There shall be no show window or salesroom on the premises and no mechanical equipment installed or used except such that is normally used for domestic or DR A F T Page 90 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 24 professional purposes and provided further that not over twenty-five percent of the total actual floor area or five hundred square feet, whichever is less, of any structure shall be used for home occupations or professional purposes. Off-street parking shall meet the standards and requirements as outlined in this Ordinance. (236) Homeowners Association: An organization in a subdivision, planned unit development, or planned community that is responsible for making and enforcing rules for the property under its control as defined by the organizing documents. The Association is also responsible for the maintenance of any off-site septic areas within the area under their control. (237) Hospital: A facility designed and built to provide medical and surgical care as well as nursing care for sick or injured people. (238) Hotel and Motel: A building, or other structure which is used, kept maintained, advertised as, or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants, in which ten or more rooms are furnished for the accommodation of such guests; and having or not having one or more dining rooms, restaurants, or cafes where meals or lunches are served to such transients or permanent guests, such sleeping accommodations and dining rooms, restaurants, or cafes, if existing, being conducted in the same building or buildings in connection therewith. (239) Household Product Manufacturing: A facility that makes consumer goods for use in and around a home. (240) HUD: The United States Department of Housing and Urban Development (241) Impervious Area: A surface composed of any material that impedes or prevents the natural infiltration of water into the soil. Impervious surfaces may include, but are not limited to, roofs, streets, parking areas, tennis courts, driveways, patios, sidewalks, or any concrete, asphalt, or compacted gravel surface. Public roads are excluded from computations of impervious areas. (242) Indoor Commercial Amusements: Uses that provide commercial amusements indoors, including, but not limited to, movie theatres, bowling alleys, skating rinks, or video arcades. This definition does not include sexually oriented businesses as defined in this Ordinance. (243) Industrial Equipment Sales and Service: A facility that specializes in the sales and repair of various items for use in various industries. (244) Industrial Park: An area properly zoned and planned as a site for manufacturing and other industrial businesses. (245) Insignia: An official sign of rank, titles, or awards. DR A F T Page 91 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 25 (246) Integrated Industrial Park: An area properly zoned and planned as a site for supporting and supplying manufacturing and other industrial businesses. (247) IRS: The United States Internal Revenue Service (248) Joint Development Project: See Downtown Development Project. (249) Junked Motor Vehicle: A motor vehicle that meets any of the following: (a) Partially dismantled or wrecked; (b) Cannot be self-propelled or moved in the way it was originally intended to move; (c) More than five years old and appears to be worth less than $100; or, (d) Does not display a current license plate. (250) Junkyard: The use of more than six hundred square feet of any lot for the storage of junk, including scrap metals or other scrap materials, or the dismantling or abandonment of automobiles or other vehicles or machinery. (251) Junkyard (Salvage): Any land or area used, in whole or in part, for the storage, keeping, or accumulation of materials, including scrap materials or used building materials, for the dismantling, demolition, or abandonment of automobiles or other motor vehicles or machinery, or parts thereof. (252) Kennel: A small shelter for a cat or dog. (253) Land Clearing Debris: Solid waste that is generated solely from land-clearing activities per NCGS 130A-290 (a) (15) and as may be amended. (254) Land Development Plan: See Randolph County Growth Management Plan. (255) Land Development Regulation: Any State statute, rule, regulation, or local ordinance affecting the development or use of real property, including any of the following: (a) Erosion and sedimentation control regulations; (b) Floodplain or flood damage prevention regulations; (c) Historic preservation or landmark regulations; (d) Housing codes; (e) Mountain ridge protection regulations; DR A F T Page 92 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 26 (f) Stormwater control regulations (g) Subdivision regulations (h) Unified Development Ordinance (i) Wireless telecommunication facility regulations (j) Zoning regulations, including zoning maps. (256) Landfill: A facility and location designed for the disposal of solid waste using approved methods outlined in North Carolina Administrative Code Title 15A, Chapter 13B as Approved Disposal Methods. (257) Landowner/Owner: The holder of the title in fee simple. Absent evidence to the contrary, the Randolph County Planning and Zoning Department may rely on the Randolph County Tax Records to determine who is a landowner. The landowner may authorize a person holding a valid option, lease, or contract to purchase to act as his or her agent or representative for making applications for development approvals. (258) Large Outdoor Sales: An outdoor area that may include a structure larger than 10,000 square feet that is used for the sales of goods and services. (259) Large Outdoor Storage: An outdoor area that may include a structure larger than 10,000 square feet that is used for the storage of goods and products such as building materials, automobiles, boats, and recreational vehicles. (260) Laundry: A facility where garments and other fabrics can be washed, dried, and ironed. (261) Legislative Decision: The adoption, amendment, or repeal of a regulation under NCGS § 160D. (262) Legislative Hearing: A hearing to solicit public comment on a proposed legislative decision. (263) Life Science Manufacturing: A collective term to mean any manufacturing in the fields of biotechnology, pharmaceuticals, biomedical technologies, life system technologies, nutraceuticals, cosmeceuticals, food process, environmental, biomedical devices, or organizations and institutions that devote most of their efforts to any stage or research, development, technology transfer and commercialization of any of these fields. (264) Litter: Any garbage, rubbish, trash, refuse, can, bottle, box, container, wrapper, paper, paper product, tire, appliance, mechanical equipment or part, building or DR A F T Page 93 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 27 construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility, dead animal, or discarded material in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. While being used for or distributed following their intended uses, litter does not include political pamphlets, handbills, religious tracts, newspapers, and other similar printed materials, the unsolicited distribution of which is protected by the Constitution of the United States or the Constitution of North Carolina. (265) Livestock Sales: A place of business where the public consigns livestock for sale by auction or sold on a commission basis. (266) Local Act: For this Ordinance, a local act is defined in NCGS § 160A-1(2). (267) Local Government: For this Ordinance, the local government is Randolph County. (268) Local Street: Any link not a part of a higher-order urban system that serves primarily to provide direct access to abutting land and access to higher systems. It offers the lowest level of mobility. (269) Locksmith: A person who makes or repairs locks. (270) Lodges, Non-profit: See Private Club, Non-profit. (271) Lodges, For-Profit: See Private Club, For-Profit. (272) Logistics Center: A facility where all activities of transportation and shipping of goods are coordinated. (273) Lot: A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to common use, together with the customary accessories and open spaces belonging to the same, and which is intended as a unit for transfer of ownership. The word lot includes the words peat or parcel. (274) Lot Depth: The depth of a lot is the average distance of the lines of the lot measured from the midpoint of the front lot line to the midpoint of the rear lot line. (275) Lot Front: That part of the lot adjacent to the street or land access. (276) Lot of Record: A lot, which is part of a subdivision, a plat of which has been recorded in the Randolph County Register of Deeds, or a lot described by metes and bounds, the description of which has been so recorded. DR A F T Page 94 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 28 (277) Lot Width: The distance between side lot lines measured at the building setback line. (278) Lot, Corner: A lot abutting two streets at their intersection. The street line forming the least frontage shall be the front of the lot. (279) Lot, Double-Frontage: A continuous (through) lot that is accessible from the parallel streets upon which it fronts. (280) Lot, Reverse Frontage: A continuous (through) lot, which is accessible from only one of the parallel streets upon which it fronts. (281) Machine Shop: A facility for making or repairing mechanical items. (282) Major Arterials, Roads, and Highways: Major arterials, roads, and highways are those public streets and highways designated, or hereafter designated, as major streets and highways on a major Thoroughfare Plan for the County, approved by the NCDOT, or that may be approved by the NCDOT. (283) Major Collector: A road that serves major intra-county travel corridors and traffic generators and provides access to the arterial system. (284) Major Modification: For this Ordinance, this term shall include increasing the number and/or size of approved buildings or the alteration of the location of a building more than twenty-five feet from the location on the approved site plan. (285) Major Subdivision: A subdivision with four or more owner-occupied lots created for sale or building development. (286) Major Thoroughfares: Consist of Interstates, other freeways and expressway links, and major streets that provide for the expeditious movement of high volumes of traffic within and through urban areas. (287) Manufactured Home: For this Ordinance, a manufactured home or mobile home is a structure as defined in NCGS § 143-145 (7). Travel trailers and campers are not considered manufactured homes but recreational vehicles. Manufactured homes, as defined in this Ordinance and the North Carolina General Statutes, are for residential use only and may not be used for an accessory storage building. (288) Manufactured Home Park: A plot of ground that has been planned for the placement of three or more manufactured homes for dwelling purposes. (289) Manufactured Home, Class A: See Class A Manufactured Home. (290) Manufactured Home, Class B: See Class B Manufactured Home. DR A F T Page 95 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 29 (291) Manufactured Home, Class C: See Class C Manufactured Home. (292) Manufacturing Plant: A facility where raw goods or components are assembled to produce various items for sale to the public or businesses. This definition shall include, but is not limited to, machine tool manufacturing, chemical manufacturing, fertilizer manufacturing, paving materials, wood products, paper, apparel, soft goods, or textiles. (293) Marquee Sign: A sign affixed to the top of any hood or canopy over the entrance to a store, building, or place of public assembly. (294) Meat Packing: A facility for slaughtering cattle or other meat animals and processing the carcass and remains for sale. (295) Medical Clinic: A facility for providing medical or psychiatric services for outpatients only. (296) Medical Laboratory: A facility where clinical pathology tests are done on clinical specimens to obtain information about the health of a patient to aid in the diagnosis, treatment, and prevention of disease. (297) Medical Manufacturing: A facility used to make implants, instruments, and equipment intended for therapeutics, monitoring, and diagnostics in the healthcare field. (298) Mentally Impaired Person: A person who is a resident of this State and who requires assistance with two or more activities of daily living as certified in writing by a physician licensed to practice in this State. (299) Metal Fabrication: The process of creating structures or components by cutting, bending, and assembling metal. (300) Metal Foundry: A factory that produces metal castings where liquid metal is poured or injected into a mold to make the desired shape or appearance. (301) Micro Wireless Facility: A small wireless facility that is no larger in dimension than twenty-four inches in length, fifteen inches in width, and twelve inches in height, and that has an exterior antenna, if any, no longer than eleven inches. (302) Miniature Golf: A facility designed for a game of golf played with the use of a putter on a small course usually having tunnels, bridges, corners, and other obstacles. (303) Mini warehouse: A facility designed for the storage of personal or commercial goods. DR A F T Page 96 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 30 (304) Minor Arterial: A rural link in a network joining cities and larger towns and providing intrastate and inter-county service at relatively high (e.g., 85 miles per hour) overall travel speeds with minimum interference to through movement. This network would primarily serve traffic. (305) Minor Collector: A road that provides service to small local communities and links the locally important traffic generators with their rural hinterland. (306) Minor Modification: A small alteration of an approved site plan. For this Ordinance, this term shall include reducing the number and size of approved buildings or the alteration of the location of a building no more than twenty-five feet from the location on the approved site plan. (307) Minor Subdivision: A subdivision with three or fewer owner-occupied lots created for sale or building development, with all lots having access to an existing state- maintained road. The Randolph County Planning Director is authorized to approve minor subdivisions upon review and determination that the subdivision meets the standards of this Ordinance. (308) Minor Thoroughfares: Important streets in urban systems that perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system. Minor thoroughfares may be used to supplement the major thoroughfare system by facilitating a minor through-traffic movement and may serve the abutting property. (309) Model Home: A residential dwelling built within a subdivision development constructed in compliance with the North Carolina Residential Code, which will be temporarily utilized to display the dwellings and products offered, within the same subdivision development, to prospective purchasers. (310) Modular Home, Conventional: A manufactured home that is built under the North Carolina State Building Code with wood frame construction and set up on a brick foundation. (311) Modular Home, On-Frame: A manufactured home that is constructed under the North Carolina State Building Code on a metal frame and is set up on block piers with brick underpinning. (312) Monetary Compensation: An amount equal to the sum of (i) of the greater of the fair market value or the nonconforming on-premises advertising sign in place immediately before the removal or the diminution in value of the real estate resulting from the removal of the sign and (ii) the cost of a new on-premises advertising sign that conforms to Randolph County’s development regulations. (313) Monument Manufacturing and Sales: A facility designed for the production and sales of various monuments, such as cemetery monuments or signs. DR A F T Page 97 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 31 (314) Motor Vehicle: Any machine designed or intended to travel over land or water by self-propulsion or while attached to a self-propelled motor vehicle. (315) Motor Vehicle Parts Manufacturing: A facility for manufacturing (i) complete motor vehicles, (ii) trailers and vehicle accessories, and (iii) any of the components used in producing motor vehicles. (316) Multi-Family Dwelling: See Dwelling, Multi-Family. (317) Multi-Family Residence: A building used or designed as a residence for three or more families living independently of each other with separate housekeeping and cooking facilities for each unit. (318) Multi-phased Development: A development containing twenty-five acres or more that is both of the following: (a) Submitted for development permit approval to occur in more than one phase; and (b) Subject to a master development plan with committed elements showing the type and intensity of use of each phase. (319) Municipality: Any incorporated community, whether designated as a city, town, or village, and any area over which it exercises any of the powers granted by Chapter 160D of the General Statutes. (320) NCDOT: North Carolina Department of Transportation. (321) NCGS: North Carolina General Statutes. This Ordinance intends to reflect the General Statutes as existed at the time of adoption of this Ordinance and as may be amended by the North Carolina General Assembly. (322) Nonconforming Use: A structure or land lawfully occupied by an existing use that does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this Ordinance or because of subsequent amendments to this Ordinance. (323) Nonresidential Redevelopment Area: An area with similar characteristics designated by the Randolph County Board of Commissioners as being in special need of revitalization for the benefit and welfare of its citizens. (324) Notice of Violation: A written notification of a violation of this Ordinance, delivered to a violator by the Randolph County Planning Director or designated Code Enforcement Officer, indicating the nature of the violation and prescribing a period for taking corrective measures. DR A F T Page 98 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 32 (325) Nuisance Motor Vehicle: A motor vehicle on public or private property that is determined to be a health or safety hazard, a public nuisance, or unlawful, including a motor vehicle found to be any of the following: (a) A breeding ground or harbor for mosquitoes or other insects or rats, or other pests; (b) A point of heavy growth of weeds or other noxious vegetation over eight inches in height; (c) A point or collection of pools or ponds of water; (d) A point of concentration of quantities of gasoline, oil, and other flammable or explosive materials as evidenced by odor; (e) One that has areas of confinement that cannot be operated from the inside, such as trunks or hoods; (f) Situated or located that there is a danger of its falling or turning over; (g) A point of collection of garbage, food, waste, animal waste, or any other rotten or putrescible matter of any kind; (h) One that has sharp parts that are jagged or contain sharp edges of metal or glass; (i) Offensive to sight as to damage the community, neighborhood, or area appearance; or (j) For other reasons declared a health and safety hazard and a public nuisance by Randolph County Public Health and/or the Randolph County Planning and Zoning Department. (326) Nursery Sales: A location where plants are grown to a usable size and then sold to the public. (327) Nursing Home: A private facility providing residential accommodations for healthcare, especially for elderly or frail people. (328) Obstruction: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height outlined in this Ordinance. (329) Off-Frame Modular Home: See Modular Home, Conventional. DR A F T Page 99 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 33 (330) Office Supply Sales: A facility established to sell various items used in the exercise of business, such as paper, pens, and small business equipment like computers and printers. (331) Official Meeting: A meeting as defined in NCGS § 143-318.10 (d). (332) On-Frame Modular Home: See Modular Home, On-Frame. (333) On-Premise Sign: A large display advertising products or services that are sold or made on the property. (334) On-Premises Advertising Sign: A sign visible from any local or State road or highway that advertises activities conducted on the property upon which it is located or advertises the sale or lease of the property upon which it is located. (335) Open Area: See Open Space. (336) Open Space: Any space or area characterized by great natural scenic beauty or where the existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development or would maintain or enhance the conservation of natural or scenic resources. The terms also include interests or rights in real property and open space land or use. (337) Open Space Land: Any undeveloped or predominantly undeveloped land in an urban area that has value for or is used for one or more of the following purposes: (a) Park and recreational purposes; (b) Conservation of land and other natural resources; or (c) Historic or scenic purposes. (338) Open Space Uses: See Open Space Land. (339) Outdoor Advertising Sign: See Advertising Sign. (340) Outdoor Commercial Amusements: An outdoor facility or area for sports, entertainment, or recreation open to the public for a fee. Examples may include, but are not limited to, game courts, water slides, miniature golf, practice, instructional fields, driving ranges, and sports events such as a stadium or arena. (341) Outdoor Storage Yard: A facility that includes, but is not limited to, storage of automobiles, trailers, moving equipment, construction equipment, and materials and items used for manufacturing. DR A F T Page 100 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 34 (342) Owner: See Landowner/Owner. (343) Paint Manufacturing: A facility where raw materials are combined along with various pigments to produce paint for use in the home and various industries. (344) Paint Shop: A facility where various goods are covered with paint. (345) Parcel: A piece of land that is intended to be sold as one unit of land. (346) Parcel Identification Number: A number that is constructed from the North Carolina State Plane Coordinate System of the visual center of a parcel of land to identify it and its location in the Randolph County Tax Mapping system. (347) Parity: Odd and even address numbers. For this Ordinance, odd address numbers are applied to only one side of the road, usually the left side, and even address numbers to the other side of the road, usually the right side. Odd and even address numbers shall not be on the same side of the road. (348) Parking Area/Lot: A surfaced area where any vehicles may be left temporarily. (349) Parking Space: A surfaced area not less than nine feet wide and eighteen feet long, either within a structure or in the open, exclusive of driveways or access drives. (350) Parties in Interest: All individuals, associations, and corporations who have interests of record in a nonresidential building or structure and any who are in possession thereof. (351) Pennant: A type of flag or sign that is typically tapering and used for various purposes, including identification and signaling. (352) Performance Guarantee: A financial commitment from a developer of a subdivision to ensure that Randolph County will have funds available to complete any required infrastructure in the event the developer fails to do so. (353) Permit Applicant: A North Carolina nonprofit corporation with a certificate of existence under NCGS § 55A-1-28 with the primary purpose of promotion and growth of advanced air mobility technology in this State. (354) Permittee: A person who is given a permit or other official authorization to undertake development on a parcel of land. (355) Person: An individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, a public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity. DR A F T Page 101 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 35 (356) Persons with Disabilities: A person with temporary or permanent physical, emotional, or mental disability, including, but not limited to, an intellectual or other developmental disability, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments but not included with a mental illness who are dangerous to others as defined in NCGS § 122C-3 (11) b. (357) Pet Boarding: The act of temporarily caring for another person’s pet for a set period. (358) Pet Grooming: An activity that involves shaving, clipping, or trimming the coat or nails of any pet. (359) Pharmaceutical Manufacturing: A facility designed for the industrial-scale formulation and creation of new drugs for use in the healthcare field. (360) Pharmacy: A facility where medicinal drugs, usually requiring a prescription, are dispensed and sold. (361) Photovoltaic Module: The smallest non-divisible, environmentally protected assembly of photovoltaic cells or other photovoltaic collector technology and ancillary parts intended to generate electrical power under sunlight, which is part of a utility-scale solar project. (362) Physically Impaired Person: A person who is a resident of this State and who requires assistance with two or more activities of daily living as certified in writing by a physician licensed to practice in this State. (363) Planing Mill: A facility, either permanent or temporary, in which wood is smoothed, cut, matched, and fitted for various uses. (364) Planned Business Development: An area of land under unified control developed for business, commercial, or industrial uses, consisting of one or more principal structures or buildings and accessory structures or buildings on a plot not subdivided into customary streets or lots. (365) Planned Rural Development: An area of land under single ownership developed for a number and variety of single-family dwelling units primarily for family use. (366) Planned Unit Development: An area of land under unified control to be developed as a single entity for a number and variety of site-built dwelling units, both attached and detached housing. (367) Planning and Development Regulation Jurisdiction: The geographic area defined in Article 200, Section 201 of this Ordinance, within which Randolph DR A F T Page 102 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 36 County may undertake planning and apply development regulations authorized by NCGS § 160D. (368) Planning Board: See Randolph County Planning Board. (369) Plant Cultivation and Sales: The process of caring for and raising plants until they are suitable for sale to the public. (370) Plastics Manufacturing: A facility where various components, including polymers, undergo processing to create plastic products. (371) Plat: A map or plan of a parcel of land that is to be or has been subdivided. (372) Police Power: The basic right of the government to make laws and regulations for the benefit of its communities as established by the Tenth Amendment to the United States Constitution. For this Ordinance, police power refers to the basis for enacting land use development regulations. (373) Post Office: A facility that is responsible for the collection and delivery of mail. This definition shall include a facility operated by the United States Postal Service or businesses that offer private mailbox service. (374) Pottery Manufacturing and Sales: A facility used to make various items made of earthenware or baked clay, and sales of completed items. (375) Poultry Processing: A facility that converts live poultry into raw poultry products for human or animal consumption. (376) Pre-existing Towers and Antennas. Any tower or antenna on which a permit has been properly issued before the effective date of this Ordinance. (377) Press Shop: A facility that uses equipment to apply pressure on various items to produce another usable item, such as gears. (378) Principal Arterial: A rural link in a network of continuous routes serving corridor movements having the trip length and travel density characteristics indicative of substantial state-wide or interstate travel and existing solely to serve traffic. This network would consist of interstate routes and other routes designated as principal arterials. (379) Principal Building: See Building, Principal. (380) Printing Shop: A facility used for the printing of newspapers, books, or other materials for use in the home or business. DR A F T Page 103 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 37 (381) Private Club, Non-profit: A group that is engaged in a social or public benefit activity and is registered with the IRS. The revenue for such clubs is usually from a small group of donors. This term shall also be used for Lodges, Non-profits. (382) Private Club, for-profit: A facility owned and operated by an association, corporation, or group of individuals established for the cultural, educational, fraternal, recreational, or social enrichment of its members who pay dues and meet certain prescribed qualifications for membership. This term shall also include Lodges, For-Profit. (383) Private Drive: A travel way not dedicated or offered for dedication as a public street providing access to three or more principal buildings. A private drive is not part of the State maintenance system and is designed for use and naming for public safety only. (384) Private Road: A vehicular right-of-way indicated on an approved survey plat and recorded in the Office of the Register of Deeds, intended to serve residential subdivision of lots or tracts and not offered for dedication as a public road. Private roads shall require a subdivision road disclosure statement under NCGS § 136- 102.6, shall be privately maintained, and meet the design standards for private roads in this Ordinance, Article 700, Section 717, Subsection E. (385) Private Street: An undedicated private right-of-way that affords access to abutting properties and requires a subdivision street disclosure statement under NCGS § 136-102.6. Emergency and other public services may not be provided over such private streets, and they shall be privately maintained. Private streets are usually not addressed. (386) Professional Offices: A room or suite of rooms used for various business transactions. (387) Projecting Sign: A sign projecting out from, and attached to, the exterior wall of a building and forming an angle of 30 degrees or more with the wall. (388) Property: All real property subject to land-use regulation by Randolph County, and includes any improvements or structures customarily regarded as part of real property. (389) Property Owners Association: See Homeowners Association. (390) Public Body: A group as defined in NCGS § 143-318.10 (b) and (c). For this Ordinance, the Randolph County Planning Board, the Randolph County Zoning Board of Adjustment, and the Randolph County Board of Commissioners are public bodies. DR A F T Page 104 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 38 (391) Public Facilities: Major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks, recreational, and health systems, and facilities. (392) Public Grounds: The area outside of public buildings where members of the public may gather to engage in expressive activities. (393) Public Library: A facility open to the public that allows individuals to borrow books for a limited period for personal enjoyment or research. (394) Public Officer: The officer or officers who are authorized by regulations adopted hereunder to exercise the powers prescribed by the regulations. (395) Public Street: A street located on a right-of-way dedication under the requirements of this Ordinance. (396) Public Utility Substation: A facility owned by a utility and used to supplement services (e.g., water, sewer, electricity, telephone, television) provided to the public. (397) Quarry Operations: A facility where materials are extracted from the ground. (398) Quasi-Judicial Decision: A decision involving the finding of facts regarding a specific application of a development regulation that requires the exercise of discretion when applying the standards of this Ordinance. The term includes, but is not limited to, decisions involving Variances, Special Use Permits, Certificates of Appropriateness, and Appeals of Administrative Determinations. (399) Radio Studio: A facility where live broadcasts or recorded programs are transmitted to the public. (400) Radio Tower: A mast containing one or more antennas to transmit radio signals. (401) Railroad Rolling Stock Manufacturing: A facility for assembling various components to create powered or unpowered vehicles used in the railroad industry. (402) Railroad Yard: A facility with railroad tracks for storing, sorting, loading, and unloading railroad cars and locomotives. (403) Randolph County Growth Management Plan: A comprehensive land-use plan designed as a guide for development by identifying growth areas and establishing broad policy statements and growth management philosophy for each area. This plan is designed to provide flexibility when allowing for changing circumstances DR A F T Page 105 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 39 and community desires while providing for an overall growth management philosophy for Randolph County. (404) Randolph County Planning Board: Citizens appointed by the Randolph County Board of County Commissioners to carry out the duties outlined in NCGS § 160D- 301. In Randolph County, the Randolph County Planning Board and the Randolph County Zoning Board of Adjustment are the same individuals, who function as separate bodies according to the stated function and purpose for which a meeting is called. (405) Randolph County Zoning Board of Adjustment: A quasi-judicial board composed of residents of Randolph County empowered to hear appeals from decisions of the Randolph County Planning Director or Code Enforcement Officers in the issuance of a citation or Notice of Violation and grant minor variances from provisions of the Zoning Ordinance after an evidentiary hearing. In Randolph County, the Randolph County Zoning Board of Adjustment and the Randolph County Planning Board are comprised of the same individuals, functioning as separate bodies according to the stated function and purpose of the meeting. (406) Reasonable: Means having sound judgment, and something appropriate and fair as determined by the Randolph County Planning Director. (407) Reconstruction: Erecting or constructing anew, including any new or modern instrumentalities, parts, or equipment that were allowed under Randolph County development rules in place at the time the sign was erected. (408) Recreational Sports Center: See Fitness Center. (409) Recreational Vehicle (RV): A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use that has its own motive power or is mounted on, or towed by, another vehicle. The basic entities are the camping trailer, fifth-wheel travel trailer, motor home, travel trailer, and truck camper. This term shall not include a manufactured home as defined in NCGS § 143-143.9 (6). The basic entities are defined as follows. (a) Camping trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. (b) Fifth-wheel trailer: A vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping, or travel use, of a size and weight that does not require a special highway movement permit and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle. DR A F T Page 106 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 40 (c) Motor home: A vehicular unit, designed to provide temporary living quarters, built into as an integral part, or permanently attached to a self-propelled motor vehicle chassis or van. The vehicle must provide at least four of the following facilities: cooking, refrigeration or icebox, self-contained toilet, heating or air conditioning, a portable water supply system including a faucet and sink, separate 110-125-volt electrical power supply, or an LP gas supply as defined in NCGS § 20-4.01 (27) k. (d) Travel trailer: A vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, and of a size or weight that does not require a special highway movement permit when towed by a motorized vehicle. (e) Truck camper: A portable unit that is constructed to provide temporary living quarters for recreational, camping, or travel use, consisting of a roof, floor, and sides, and is designed to be loaded onto and unloaded from the bed of a pickup truck. (410) Recreational Vehicle Sales and Service: A facility for the retail sales and/or repair of recreational vehicles as defined in this Ordinance. (399) Recycle: Processing, including disassembling, dismantling, and shredding of photovoltaic modules or other equipment from utility-scale solar projects, or their components, to recover usable products. This term does not include any process that results in the incineration of such equipment. Photovoltaic modules determined to be hazardous shall comply with applicable hazardous waste requirements even when recycled. (400) Remote Meeting: An official meeting, or any part thereof, with between one and all of the members of the public body participating by simultaneous communication. (401) Reproduction Shop: A facility established for the art of copying or duplicating an original. (402) Research and Development Facilities: A facility used for scientific research for the development of new and innovative products for use by the public or specific markets. (403) Research Laboratory: A facility for conducting research or investigations into all branches of science. (404) Reservation: A reservation of land does not invoke any transfer or property rights. It simply constitutes an obligation to keep the property free from development for a stated period. DR A F T Page 107 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 41 (405) Residence: Any building, or portion thereof, which is designed for living and/or sleeping purposes. The term residence shall not be deemed to include a hotel, motel, tourist home, or other building designed for transient residence. The term shall not include travel trailers, campers, motor homes, or other vehicles designed for transient residences. The term residence shall include the term dwelling unit. (406) Residential Property: Property where the main use is for residential purposes. (407) Resin Manufacturing: A facility where typically viscous substances are converted into rigid polymers by the process of curing. (408) Rest Home: A residential facility designed for the care of old or frail people. (409) Restaurant: A facility where people pay to obtain meals that are cooked and served on the premises. For this Ordinance, this term shall also include facilities that have drive-through windows. (410) Reverse Frontage Lot: See Lot, Reverse Frontage. (411) Rezoning: An amendment to a zoning regulation for changing the zoning district that is applied to a specified property or properties. This term also includes (i) the initial application of zoning when land is added to the territorial jurisdiction of Randolph County that has previously adopted zoning regulations and (ii) the application of an Overlay Zoning District or a Conditional Zoning District. The term does not include (i) the initial adoption of a zoning map by the Randolph County Board of County Commissioners, (ii) the repeal of a zoning map and re-adoption of a new zoning map for the entire planning and development regulation jurisdiction, or (iii) the updating of zoning map to incorporate amendments to the names of zoning districts made by zoning text amendments where there are no changes in the boundaries of the zoning district or land uses permitted in the district. Also, see Zoning Map Amendment. (412) Riding Academy: A facility or property where horses are boarded and where instruction in riding, jumping, and showing horses is offered. (413) Road, Private: See Private Road. (414) Rodeo: A contest in which competitors demonstrate skills at riding horses, roping calves, and wrestling steers. (415) Roof Sign: A sign erected, constructed, or maintained upon the roof of any building. (416) Rooming House: A building that contains more than three, but fewer than ten guest rooms that are rented to individuals for compensation. DR A F T Page 108 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 42 (417) Rubber Products Manufacturing: A facility where raw products are transformed through various processes to create rubber products such as automobile tires, mats, and exercise stretching bands. (418) Rural Family Occupation: A facility where the property owner resides on the property and operates a small in-home business. (419) Rural Family Occupation of a Commercial/Industrial Nature: A facility where the property owner resides on the property and operates a small in-home business in a building separate from the residence. (420) Sales Lot: A parcel that is used for the sale of various durable goods like manufactured homes, travel trailers, campers, boats, or recreational vehicles. (421) Salvage Yard: See Junkyard (Salvage). (422) Sanatorium: A facility established for the treatment of individuals who are recovering from an injury or surgical procedure or individuals who have a chronic illness. (423) Sanitary Landfill: See Landfill. (424) Savings and Loan: An institution that receives deposits and lends money to customers primarily for home mortgage loans. (425) Sawmill: A facility, either permanent or temporary, where logs are sawed into lumber by machinery. (426) Scenic Corridor Plan: A site plan that describes unique qualities, conditions, boundaries, and requirements of a road corridor that creates a visually pleasing impression. (427) School: A facility that is used to educate children. (428) Scrap Processor: An establishment for the shredding of salvaged metal and other components. (429) Screen: See Buffer. (430) Search Ring: The area within which a wireless support facility or wireless facility must meet the service objectives of the wireless service provider using the wireless facility or wireless support structure. (431) Second Degree Relative: An uncle, aunt, nephew, or niece, and includes half, step, and in-law relationships. DR A F T Page 109 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 43 (432) Septage: This definition, for this Ordinance, shall follow NCGS § 13A-290 (32). (433) Septage Land Application Site: As regulated under the State requirements outlined in NCGS § 130A-291.1; NC Septage Management Rules and meaning the area of land on which septage is applied. (434) Service Establishment: A facility that provides a substantial function of the business on-site, such as a beauty or barbershop, or small item repair. (435) Service Stations: A facility, typically a gas station, which may have the ability to provide automotive repairs and maintenance. (436) Sewage Disposal System: This definition, for this Ordinance, shall follow NCGS § 130-A-334, and as may be amended. (437) Sexually Oriented Device: This definition, for this Ordinance, shall follow NCGS § 14-202.10. (438) Sheet Metal Fabrication: A facility that uses various machinery to shape pieces of metal into the desired shape, either through removal or deformation of the piece of metal. (439) Shooting Range: An area planned for target practice or any type of shooting activity, whether for-profit or not-for-profit. Shooting activity includes the use of any type of weapon that can fire or discharge any type of projectile that could be considered lethal. (440) Sign Area: The sign area is measured by the smallest square, rectangle, triangle, circle, or a combination thereof, which will encompass the entire advertising copy area, including architectural trim. In the computing area, only one side of a double- faced sign shall be considered. (441) Sign, Electronic Changeable Face: See Electronic Changeable Face Sign. (442) Sign, Flashing: See Flashing Sign. (443) Signs: Any words, lettering, parts of letters, pictures, figures, numerals, phrases, sentences emblems, devices, designs, trade names, or trademarks by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a business, a commodity, or product, which are visible from any public way and used to attract attention. Any object, device, display, structure, or part thereof, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service event, or location by any means, including, but not limited to, words, letters, pennants, banners, emblems, trademarks, tradenames, insignias, numerals, figures, design, symbols, fixtures, colors, illumination, or projected images or any DR A F T Page 110 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 44 other attention-directing devise. All signs located in the County’s jurisdiction, except those specifically excluded by this Ordinance, are subject to the provisions of this Ordinance. (444) Silviculture: The art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands. (445) Simultaneous Communication: Any communication by conference telephone, conference video, or other electronic means. (446) Single Family Dwelling: See Dwelling, Single Family. (447) Site Plan: A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building heights and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that apply to the project and the site plan review. A site plan approval based solely upon the application of objective standards in an Administrative Decision, and a site plan approval based in whole or in part upon the application of standards involving judgment and discretion is a quasi-judicial decision. A site plan shall also be approved as part of a Conditional District. (448) Site-Specific Vesting Plan: A plan submitted to Randolph County describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. (449) Sleeping Unit: A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are part of a dwelling unit are not sleeping units. (450) Small Box Discount Store: A retail establishment with a floor area of less than 15,000 square feet, offering a wide variety of new merchandise at discounted prices, averaging under $10.00. These stores provide convenient shopping options for a range of consumable goods (such as food, paper products, cleaning supplies, health and beauty options, and pet supplies) and non-consumable goods (such as seasonal merchandise, home décor, domestics, and basic apparel). For the purposes of this Ordinance, these stores are not classified as convenience stores. (451) Small Wireless Facility: A wireless facility that meets the following qualifications: (a) Each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed DR A F T Page 111 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 45 elements, the antenna and all its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet; and (b) All other wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight cubic feet. For this sub-subdivision, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or other support structures. (452) Social Service Center: A facility where a range of public services are offered to improve the well-being of individuals, families, and communities, such as adult or child protective services, foster care, or adoption. For this Ordinance, the definition shall include the Randolph County Department of Social Services. (453) Solar Energy Facility: An energy facility or area of land principally used to convert solar energy to electricity, which includes, but is not limited to, the use of one or more solar energy systems. This definition shall exclude those facilities that are installed on the roof of a building where residential or commercial production of electricity is not the primary use. (454) Solid Waste: As defined by NCGS § Chapter 130A, Article P is any hazardous or nonhazardous garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems, and other material that is either discarded or is being accumulated, stored or treated before being discarded, or has served its original intended use and is generally discarded, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, commercial and agricultural operations, and community activities. Notwithstanding sub-sub- subdivision B.3. of this subdivision, the term includes coal combustion residuals. The term does not include: (a) Fecal waste from fowls and animals other than humans; (b) Solid or dissolved material in: Domestic sewage and sludges generated by treatment thereof in sanitary sewage collection, treatment, and disposal systems, which are designed to discharge effluents to the surface waters; Irrigation return flows; or DR A F T Page 112 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 46 Wastewater discharges and the sludges incidental to and generated by a treatment which are point sources subject to permits granted under Section 402 of the Water Pollution Control Act, as amended (P.L. 92-500), and permits granted under NCGS § 143-215.1 by the Commission, including coal combustion products. However, any sludges that meet the criteria for hazardous waste under RCRA shall also be solid waste for this Article. (c) Oils and other liquid hydrocarbons are controlled under Article 21A of Chapter 143 of the General Statutes. However, any oils or other liquid hydrocarbons that meet the criteria for hazardous waste under RCRA shall also be a solid waste for this Article; (d) Any source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 USC § 2011); (e) Mining refuse is covered by the North Carolina Mining Act, NCGS § 74-46 through 74-68, and regulated by the North Carolina Mining Commission (as defined under NCGS § 143B-293.1). However, any specific mining waste that meets the criteria for hazardous waste under RCRA shall also be a solid waste for this Article; (f) Recovered material; or (g) Steel slag that is a product of the electric arc furnace steelmaking process; provided, that such steel slag is sold and distributed in the stream of commerce for consumption, use, or further processing into another desired commodity and is managed as an item of commercial value in a controlled manner and not as a discarded material or in a manner constituting disposal. (455) Special Event: An event such as a circus, bazaars, carnivals, fairs, seasonal greenhouses, tents, or open lot sales of Christmas trees that occur for no longer than fifteen calendar days and no more than two times per year. (456) Special Use Permit: A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised, as well as compliance with specific standards. The term includes permits previously referred to as Conditional Use Permits or Special Exceptions. (457) Specified Anatomical Areas: This definition, for this Ordinance, shall follow NCGS § 14-202.10. DR A F T Page 113 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 47 (458) Specified Sexual Activities: This definition, for this Ordinance, shall follow NCGS § 14-202.10. (459) Storage Pod: A container designed to be used for the storage of personal and household items that are brought to a site, filled, and then moved to a permanent storage site or facility. (460) Sub-divider: Any person, firm, corporation, or official agent thereof who subdivides any land. (461) Subdivision: The division of land for sale or development as specified in NCGS § 160D-802. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets, but the following shall not be included within this definition nor be subject to the regulations authorized by the Watershed Protection Ordinance: (a) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this Ordinance; (b) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved; (c) The public acquisition by purchase of strips of land for the widening or opening of streets; (d) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this Ordinance; (e) The division of a tract into plots or lots used as a cemetery; or (f) The division of property among heirs for the sole purpose of settling an estate. (462) Subdivision Identification Sign: A sign placed per this Ordinance that is used to identify a residential subdivision by name and or section number. (463) Subdivision Regulation: A subdivision regulation authorized by Article 700 of this Ordinance. (464) Subdivision, Major: See Major Subdivision. DR A F T Page 114 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 48 (465) Subdivision, Minor. See Minor Subdivision. (466) Substantial: Means something of considerable importance, size, worth, and something real and tangible as determined by the Randolph County Planning Director. (467) Substantial Modification: The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. The burden is on Randolph County to demonstrate that a mounting that does not meet the listed criteria constitutes a substantial change to the physical dimensions of the wireless support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the following criteria: (a) Increasing the existing vertical height of the structure by the greater of (i) more than ten percent or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet; (b) Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than twenty feet or (ii) more than the width of the wireless support structure at the level of the appurtenance; or (c) Increasing the square footage of the existing equipment compound by more than 2,500 square feet. (468) Suspended Sign: A sign that is suspended from the underside of a horizontal plane surface, such as a canopy or marquee, and is supported by such structure. (469) Tailor Shop: A facility that sells custom-made clothing and garments. (470) Taxi Stand: A facility where either (i) taxis park while waiting to be used by customers or (ii) where customers wait for taxis to pick up passengers. (471) Taxi Stand – Park and Ride Lot: A system for reducing traffic congestion in which drivers leave their vehicles in parking lots and travel to other locations on various means of transportation. (472) Technical Review Committee: A committee to review and provide analysis of Development Impact Statements and other planning and development projects as may be required. This committee shall meet regularly and shall consist of appropriate Randolph County Planning and Zoning Department Staff and senior staff from related agencies as may be appointed by the Randolph County Planning Director. DR A F T Page 115 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 49 (473) Telecommunications Tower: Any structure that is designed and constructed primarily for supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, personal communications service towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. This definition does not include any structure erected solely for residential, non-commercial individual use, such as television antennas, satellite dishes, or amateur radio antennas. (474) Television Studio: A facility where live broadcasts or recorded programs are transmitted to the public. (475) Television Tower: A mast containing one or more antennas to transmit television signals. (476) Temporary Building: A facility on a property for a specific period that must later be removed. (477) Temporary Carnival: A facility that moves from location to location and uses amusement devices or mechanical rides, such as Ferris wheels, to provide entertainment to the public. (478) Temporary Family Health Care Structure: A transportable residential structure providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who is the mentally or physically impaired person, (iii) has no more than three hundred gross square feet, and (iv) complies with applicable provisions of the North Carolina State Building Code and NCGS § 143-139.1 (b). Placing the temporary family healthcare structure on a permanent foundation shall not be required or permitted. (479) Temporary Special Use Permit: A permit authorizing a special event as defined by this Ordinance. This permit is valid for one calendar year and may be renewed. (480) Temporary Use: Any use of a building or parcel that can be used or occupied for no more than sixty days from the date of issuance of a zoning permit. (481) Theatre, Drive-In: See Drive-in Theatre. (482) Tile Manufacturing: A facility for the manufacturing of any type of tiling used in the construction industry. (483) Tire Manufacturing: A facility for the manufacturing of tires used in the automobile industry. DR A F T Page 116 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 50 (484) Towing Service: A temporary holding place for vehicles that have been towed or impounded. This definition does not include the permanent storage or dismantling of vehicles. (485) Townhouse: Two or more attached single-family residences contained within one or more residential structures, with each unit located on a separate plot. (486) Trade Name: A name that is used by manufacturers, and merchants to identify their businesses. (487) Trade School: A postsecondary facility to train students for a specific job or skilled trade. (488) Trademark: A form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from others. (489) Training Center: See Educational Facilities. (490) Transitional Housing: Housing designed for the transition from a treatment program back into their community. Transitional housing is intended for individuals and families who are in recovery and require further assistance before living independently. (491) Transportation Equipment Manufacturing: A facility that allows for the manufacturing of aircraft and other aerospace equipment, railroad equipment, motor vehicles, and auto parts, as well as building, repairing, and breaking of ships. (492) Travel Trailer Parks: A facility where travel trailers can be set up overnight for camping. (493) Truck Terminal: A facility designed for the parking of trucks and can include features such as a dormitory, fuel pumps, restaurants, and repair shops. (494) Two Family Dwelling: See Dwelling, Two Family. (495) Ultra Vires: An act or regulation adopted without any authority delegated to Randolph County by the North Carolina General Assembly. (496) Upholstering: A facility where furniture is covered with various materials. (497) Upholstering Refinish: A facility where furniture is recovered with various materials to extend the life of the product. (498) USDA: The United States Department of Agriculture. DR A F T Page 117 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 51 (499) Use: The purpose for which land or a building or structure is arranged, designed, or intended, or for which land or a building or structure is, or may be, occupied or maintained. (500) Use-Principal Permitted: A use that is permitted outright in a district for which a Zoning Permit may be issued by the Randolph County Planning Director. (501) USGS: The United States Geological Survey. (502) Utility Pole: A structure that is designed for and used to carry lines, cables, wires, lighting facilities, or small wireless facilities for telephone, cable television, electricity, lighting, or wireless services. (503) Utility-scale Solar Project: A ground-mounted photovoltaic, concentrating photovoltaic, or concentrating solar power project directly connected to the electrical grid that generates electricity for sale. The term includes solar arrays, accessory buildings, transmission facilities, and any other infrastructure necessary for the operation of the project. The term does not include renewable energy facilities owned or leased by a retail electric customer intended primarily for the customer’s use to offset the customer’s retail electrical energy consumption at the premises. (504) Vacant Industrial Warehouse: Any building or structure designed for the storage of goods or equipment in connection with manufacturing processes, which has not been used for that purpose for at least one year and has not been converted to another use. (505) Vacant Manufacturing Facility: Any building or structure previously used for the lawful production or manufacturing of goods, which has not been used for that purpose for at least one year and has not been converted to another use. (506) Variance: A modification of the dimensional requirements of this Ordinance by the Randolph County Zoning Board of Adjustment, after an evidentiary hearing, when strict enforcement of this Ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. (507) Vested Right: The right to undertake and complete the development and use of property under the terms and conditions of an approval secured as specified in NCGS § 160D-108. (508) Veterinary Clinic: A facility for the treatment of pets and large animals. (509) Violation: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other DR A F T Page 118 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 52 evidence of compliance required in Article 400 of this Ordinance is presumed to be in violation until that documentation is provided. (510) Violator: Any person or entity that owns, leases, rents, occupies, manages, or builds any structure or engages in any land development activity in violation of this Ordinance and any person or entity that owns, leases, rents, or occupies a use in violation of this Ordinance. (511) Wall Sign: A sign affixed to the surface of, and whose plane is parallel to the plane of the exterior wall of a building, or which forms an angle of less than 30 degrees with said wall. (512) Warehouse: A facility with or without loading docks that is designed for storing goods produced by manufacturers, which can include items for imports, exports, wholesale, or transportation services. (513) Warehouse, Mini: See Mini warehouse. (514) Warehousing and Distribution: A facility with or without loading docks that is designed for storing goods produced by manufacturers that can include items for imports, exports, wholesale, or transportation services, including the act or process of shipping goods to be made available to the public. (515) Water Quality Protected Area (WQPA): Land located adjacent to the shoreline of a public water supply reservoir and is located from normal pool level extending from one-half to one mile from the reservoir high water mark depending on the size of the watershed, and specifically delineated on the official watershed map as indicated on the County GIS and as approved by the Randolph County Board of County Commissioners and the appropriate State agencies. (516) Water Supply System: An approved water supply system which, depending upon ownership and/or the number of hook-ups, may be: (a) Municipal system; (b) A privately owned system serving an extended geographic area (extensions approved by the Department of Human Resources, Division of Health Services); (c) A private well serving up to fourteen hook-ups in a manufactured home park (approved by Randolph County Public Health); or, (d) A community system with fifteen or more connections (approved by the Department of Human Resources, Division of Health Services). DR A F T Page 119 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 53 (517) Water Tower: A water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water. (518) Watershed: All other parts of the watersheds in Randolph County draining directly into a water supply reservoir. A watershed means an area in which all water drains to a body of water as indicated on the County GIS and as approved by the Randolph County Board of County Commissioners and the appropriate State agencies. (519) Welding Shop: A facility where one or more pieces of metal are fused to form one piece of metal. (520) Wind Energy Facility: The turbines, accessory buildings, transmission facilities, and any other equipment necessary for the operation of the facility that, cumulatively, with any other wind energy facility whose turbines are located within one-half mile of one another, have a rated capacity of one megawatt or more of energy. (521) Wireless Facility: Equipment at a fixed location that enables wireless communications between the user equipment and a communications network, including (i) equipment associated with wireless communications and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include any of the following: (a) The structure or improvements on, under, within, or adjacent to which the equipment is co-located; (b) Wireline backhaul facilities; or (c) A coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with an antenna. (522) Wireless Infrastructure Provider: Any person with a certificate to provide telecommunications service in the State who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities, but does not provide wireless services. (523) Wireless Provider: A wireless infrastructure provider or a wireless services provider. DR A F T Page 120 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 54 (524) Wireless Services: Any services, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or manufactured, provided to the public using wireless facilities. (525) Wireless Services Provider: A person who provides wireless services. (526) Wireless Support Structure: A new or existing structure, such as a monopole, lattice tower, or guyed tower, that is designed to support or capable of supporting wireless facilities. A utility pole is not a wireless support structure. (527) Wrecked Vehicle: A vehicle that has been destroyed or ruined by involvement in an accident or other causes of damage. (528) Yard, Front: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the front line of the lot and the front line of the building projected to the sidelines of the lot. Where a lot abuts more than one street, the Randolph County Planning Director shall determine the front yard for purposes of this Ordinance. (529) Yard, Rear: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the sideline of the lot. (530) Yard, Side: An open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard. (531) ZIP Code: A series of numbers assigned by the United States Postal Service that is designed to enhance the delivery of mail. (ZIP stands for Zone Improvement Plan.) (532) Zoning Board of Adjustment: See Randolph County Zoning Board of Adjustment. (533) Zoning Lot: A parcel or contiguous parcels of land under single ownership containing sufficient land area for the proposed development, including a well and septic system repair area. (534) Zoning Map Amendment: An amendment to a zoning regulation to change the zoning district that is applied to a specified property or properties. It does not include the initial adoption of a zoning map by Randolph County or the repeal of a zoning map and re-adoption of a new zoning map for the entire planning and development regulation jurisdiction. It does not include updating the zoning map to incorporate amendments to the names of zoning districts made by zoning text amendments, where there are no changes in the boundaries of the zoning district or land uses permitted in the district. It does include the initial application of zoning DR A F T Page 121 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 55 when land is added to the territorial jurisdiction of a local government that has previously adopted zoning regulations. It does include the application of an overlay zoning district or a conditional zoning district. (535) Zoning Permit: A permit issued by the Randolph County Planning Director, which must be obtained before the establishment of a use within a zoning district. (536) Zoning Regulation: A zoning regulation authorized by Article 7 of NCGS § 160D. (537) Zoological Park: A parklike area where various animals from all over the world are kept in cages or large enclosures for public exhibition. 103: WATERSHED PROTECTION ORDINANCE DEFINITIONS The definitions in this section are only used for interpreting terms in the Randolph County Watershed Protection Ordinance found in Article 800 of this Ordinance. (1) Access Trails: Pedestrian trails constructed of pervious or impervious surfaces and related structures to access surface water, including boardwalks, steps, rails, and signage. (2) Agricultural Use: The use of water for stock watering, irrigation, and other farm purposes. (3) Airport Facilities: All properties, facilities, buildings, structures, and activities that satisfy or otherwise fall within the scope of one or more of the definitions or uses of the words or phrases air navigation facility, airport or airport protection privileges under NCGS § 63-1; the definition of aeronautical facilities in NCGS § 63-79 (1); the phrase airport facilities as used in NCGS § 159-48 (b) (1); the phrase aeronautical facilities as defined in NCGS § 159-81 and NCGS § 159-97; and the phrase airport facilities and improvements as used in Article V, Section 13, of the North Carolina Constitution, which shall include, without limitation, any and all of the following: airports, airport maintenance facilities, clear zones, drainage ditches, fields, hangars, landing lighting, airport and airport-related offices, parking facilities, related navigational and signal systems, runways, stormwater outfalls, terminals, terminal shops, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way; restricted landing areas; any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport or restricted landing area; easements through, or interests in, air space over land or water, interests in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of airports DR A F T Page 122 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 56 and restricted landing areas, and the safe and efficient operation thereof and any combination of any or all of such facilities. Notwithstanding the foregoing, the following shall not be included in the definition of airport facilities: (a) Satellite parking facilities; (b) Retail and commercial development outside of the terminal area, such as rental car facilities; or (c) Other secondary development, such as hotels, industrial facilities, free-standing offices, and other similar buildings, so long as these facilities are not directly associated with the operation of the airport and are not operated by a unit of government or a special governmental entity such as an airport authority, in which case they are included in the definition of airport facilities. (4) Animal Unit: A unit of measurement developed by the EPA used to compare different types of animal operations. (5) Balance of Watershed Area (BW): This area is adjoining and upstream of the critical area in a WS-II and WS-III water supply watershed. The balance of the watershed is comprised of the entire land area contributing surface drainage to the stream, river, or reservoir where a water supply intake is located. (6) Best Management Practices (BMP): A structural or nonstructural management- based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters to achieve water-quality protection goals. (7) Buffer: An area of natural or planted vegetation through which stormwater runoff flows in a diffuse 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 landward from the normal pool line elevation of impounded structures and from the bank of each side of streams or rivers. (8) Building: Any structure having a roof supported by columns or by walls, and intended for shelter, housing, or enclosure of persons, animals, or property. The connection of two buildings using an open porch, breezeway, passageway, carport, or other such open structure, with or without a roof, shall not be deemed to make them one building. (9) Built-upon area: Impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil. For the purposes of implementing State or Randolph County stormwater programs, none of the following surfaces shall be considered build-upon area on an impervious or partially impervious surface: DR A F T Page 123 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 57 (a) A slatted deck; (b) The water area of a swimming pool; (c) A surface of number fifty-seven stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric; (d) A trail as defined in NCGS § 133A-85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour); (e) Landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle; or (f) Artificial turf, manufactured to allow water to drain through the backing of the turf and is installed according to the manufacturer's specifications over a pervious surface. The owner or developer of a property may opt out of any of the exemptions from the built-upon area set out above. Except as permitted by federal law, Randolph County may not enact, implement, or enforce local ordinances, a comprehensive plan, or stormwater programs that establish a definition of the built-upon area or impervious surface that does not comply with this definition. This limitation shall apply regardless of any authority granted by NCGS § 134-214.5, NCGS § 143- 214.7, or Chapters 153 A, 160 A, or 160 D of the General Statutes. (10) Cluster Development: The grouping of buildings to conserve land resources and provide for innovation in the design of the project, including minimizing stormwater runoff impacts. This term includes non-residential development as well as single- family residential and multi-family developments. For the Randolph County Watershed Protection Ordinance, planned unit developments and mixed-use developments are considered cluster developments. (11) Common Plan of Development: A site with multiple lots where there is a single development plan for all lots, usually represented by a master plan or a set of declarations of restrictive covenants. (12) Composting Facility: A facility in which only stumps, limbs, leaves, grass, and untreated wood collected from land clearing or landscaping operations are deposited. (13) Critical Area: The area adjacent to a water supply intake or reservoir where the risk associated with pollution is greater than from the remaining portions of the DR A F T Page 124 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 58 watershed. The critical area is defined as extending either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridgeline of the watershed (whichever comes first); or one-half mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridgeline of the watershed (whichever comes first). Randolph County may extend the critical area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile. (14) Customary Home Occupations: Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof. Provided further that no mechanical equipment is installed or used except as is normally used for domestic or professional purposes, and that not over twenty-five percent of the total floor space of any structure is used for the occupation. No home occupation shall be conducted in any accessory building except for the storage and service of a vehicle that is driven off-site, such as a service repair truck, delivery truck, etc. (15) DBH: Diameter at breast height of a tree measured at four and one-half feet above ground surface level. (16) Development: Any land-disturbing activity that 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. (17) Discharging Landfill: A facility with liners, monitoring equipment, and other measures to detect and/or prevent leachate from entering the environment, and in which the leachate is treated on-site and discharged to a receiving stream. (18) Ditch: A man-made, open drainage way in or into which excess surface water or groundwater from land, stormwater runoff, or floodwaters flow either continuously or intermittently. (19) Dwelling Unit: A building, or portion thereof, providing complete and permanent living facilities for one or more persons. (20) Ephemeral Stream: A feature that carries only stormwater in direct response to precipitation, with water flowing only during and shortly after large precipitation events. An ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above the water table, and stormwater runoff is the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and physical characteristics commonly associated with the continuous or intermittent conveyance of water. (21) Existing Development: Those projects that are built or that have established a vested right under North Carolina zoning law as of the effective date of the DR A F T Page 125 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 59 Randolph County Watershed Protection Ordinance. Those projects that, at a minimum, have established a vested right under the terms of the Randolph County Unified Development Ordinance and are based on at least one of the following criteria: (22) Existing Lot (Lot of Record): A lot which is part of a subdivision, a plat of which has been recorded in the Randolph County Register of Deeds before the adoption of this Ordinance or a lot described by metes and bounds, the description of which has been so recorded before the adoption of this Ordinance. (23) Family: One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage or adoption, no such family shall contain over five persons, but further provided that domestic servants employed or living on the premises may be housed on the premises without being counted as a family or families. (24) Family Subdivision: A division of a tract of land that: (a) To convey the resulting parcels, except parcels retained by the grantor, to a relative or relatives as a gift or for nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to any one relative; or (b) To divide land from a common ancestor among tenants in common, all of whom inherited by intestacy or by will. (25) Geotextile Fabric: This term shall have the meaning as defined in 15A NCAC 02H .1002 (26) Greenway/Hiking Trails: Pedestrian trails constructed of pervious or impervious surfaces and related structures, including but not limited to boardwalks, steps, rails, and signage, and that generally run parallel to the shoreline. (27) Hazardous Material: Any substance listed as such in SARA section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and hazardous substances). (28) High-Value Tree: A tree that meets or exceeds the following standards: for pine species, fourteen-inch DBH or greater or eighteen-inch or greater stump diameter; or hardwoods and wetland species, sixteen-inch DBH or greater or twenty-four- inch or greater stump diameter. (29) Industrial Development: Any nonresidential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for manufacturing, assembling, finishing, cleaning, or developing any product or commodity. DR A F T Page 126 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 60 (30) Intermittent Stream: A well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the continuous conveyance of water. (31) Landfill: A facility for the disposal of solid waste on land in a sanitary manner under Chapter 130A Article Nine of the North Carolina General Statutes. For the Randolph County Watershed Protection Ordinance, this term does not include composting facilities. (32) Lot: A parcel of land that can be transferred separately from other parcels of land. (33) Major Variance: A variance that is not a Minor Variance as defined in the Randolph County Watershed Protection Ordinance. (34) Minor Variance: A variance from the minimum statewide watershed protection rules that results in a relaxation, by a factor of up to five percent of any buffer; or that results in a relaxation, by a factor of up to ten percent of any management requirement under the low-density option. For variances to a vegetated setback requirement, the percent variation shall be calculated using the footprint of the built-upon area proposed to encroach with the vegetated setback, divided by the total area of the vegetated setback within the project. (35) Modified Natural Stream: An on-site channelization or relocation of a stream channel and subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations in the immediate watershed. A modified natural stream must have the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. (36) New Development: Any development project that does not meet the definition of existing development set out in this Ordinance. (37) Non-Conforming Existing Lot: A lot described by a plat or a deed that was recorded before the effective date of this Ordinance that does not meet the minimum lot size or other development requirements of the statewide watershed protection rules. (38) Non-Residential Development: All developments other than residential development, agriculture, and silviculture. (39) Perennial Stream: A well-defined channel that contains water year-round during a year of normal rainfall, with the aquatic bed located below the water table for most of the year. Groundwater is the primary source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. DR A F T Page 127 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 61 (40) Perennial Waterbody: A natural or man-made basin, including lakes, ponds, and reservoirs, that stores surface water permanently at depths sufficient to preclude the growth of non-hydrophilic rooted plants. (41) Plat: A map or plan of a parcel of land that is to be or has been subdivided. (42) Project: The proposed development activity for which an applicant is seeking a stormwater permit or watershed protection permit from the State or Randolph County. This term shall exclude any land adjacent to the area disturbed by the project that has been counted as pervious by other development regulated under a federal, State, or local stormwater or watershed protection regulation. For this Ordinance, and in compliance with State regulations, adjacent parcels undergoing development that require either a stormwater permit or a watershed protection permit shall be merged into one parcel to calculate project density. (43) Protected Area: The area adjoining and upstream of the critical area of a WS-IV watershed. The boundaries of the protected area are defined as within five miles of and draining to the normal pool elevation of a reservoir or to the ridgeline of the watershed, or within ten miles upstream and draining to the intake located directly in the stream or river or to the ridgeline of the watershed. (44) Qualified Individual: A person certified to perform stream determinations by completing and passing the Surface Water Identification Training and Certification (SWITC) course offered by the North Carolina Division of Water Resources at North Carolina State University. (45) Residential Development: Buildings for human habitation such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc., and their associated outbuildings such as garages, storage buildings, gazebos, etc., and customary home occupations. (46) Residuals: Any solid or semi-solid waste generated from a wastewater treatment plant, water treatment plant, or air pollution control facility permitted under the authority of the Environmental Management Commission. (47) Shoreline Stabilization: The in-place stabilization of an eroding shoreline. Stabilization techniques that include soft methods or natural materials (such as root wads or rock vanes) may be considered as part of a restoration design. However, stabilization techniques that consist primarily of hard engineering, such as concrete-lined channels, riprap, or gabions, while providing bank stabilization, shall not be considered stream restoration. (48) Single Family Residential: Any development where (i) no building contains more than one dwelling unit, (ii) every dwelling unit is on a separate lot, and (iii) no lot contains more than one dwelling unit. DR A F T Page 128 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 62 (49) Stormwater Control Measure (SCM): A permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post-filtration discharge, reuse of stormwater, or a combination thereof. (50) Stream Restoration: The process of converting an unstable, altered, or degraded stream corridor, including adjacent riparian zones and flood-prone areas, to its natural or referenced, stable conditions, considering recent and future watershed conditions. This process also includes restoring the geomorphic dimension, pattern, and profile as well as biological and chemical integrity, including the transport of water and sediment produced by the stream’s watershed to achieve dynamic equilibrium. Referenced or referenced reach means a stable stream that is in dynamic equilibrium with its valley and contributing watershed. A reference reach can be used to develop natural channel design criteria for stream restoration projects. (51) Street (Road): A right-of-way for vehicular traffic that affords the principal means of access to abutting properties. (52) Structure: Anything constructed or erected, including but not limited to buildings, which requires location on the land or attachment to something having a permanent location on the land. (53) Stump Diameter: The diameter of a tree measured at six inches above the ground surface level. (54) Subdivider: Any person, firm, corporation, or official who subdivides or develops any land deemed a subdivision as herein defined. (55) Subdivision: The division of a tract or parcel of land into two or more lots, or other divisions for sale or building development (whether immediate or future) and shall include all divisions of a new street or a change in existing streets except those exempt from subdivision regulation by NCGS § 160D (a) (1) through (a) (5). (56) Surface Waters: All waters of the State as defined in NCGS § 143-212 except underground waters. (57) Temporary Road: A road constructed temporarily for equipment access to build or replace hydraulic conveyance structures such as bridges, culverts, pipes, or water-dependent structures, or to maintain public traffic during construction. (58) Toxic Substance: Any substance or combination of substances (including disease-causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, DR A F T Page 129 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 63 disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects. (59) Tree: A woody plant with a DBH equal to or exceeding five inches or a stump diameter exceeding six inches. (60) Variance: A permission to develop or use property granted by the Watershed Review Board, relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into the Randolph County Watershed Protection Ordinance. (61) Vegetated Setback: See Buffer. (62) Vested Right: The right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan or an approved phased development plan. See NCGS § 160D-108 for more information. (63) Water Dependent Structure: Any structure for which the use requires access to or proximity to or sitting within surface waters to fulfill its basic purposes, such as boat ramps, boathouses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not water-dependent structures. (64) Watershed: The entire land area contributing surface drainage to a specific point (e.g., the water supply intake) or the geographic region within which water drains to a particular river, stream, or body of water. (65) Watershed Administrator: The Randolph County Planning Director is responsible for the administration and enforcement of this Ordinance. (66) Watershed Permit: A permit, consistent with the Randolph County Central Permitting System, which indicates a specified land use is in a watershed. 104: FLOOD DAMAGE PREVENTION ORDINANCE DEFINITIONS The definitions in this section are only used for interpreting terms in the Randolph County Flood Damage Prevention Ordinance. Accessory Structure (Appurtenant Structure): A structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports, and storage sheds are common urban accessory structures. Pole barns, hay sheds, and the like qualify DR A F T Page 130 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 64 as accessory structures on farms and may or may not be located on the same parcel as the farm dwelling or shop building. Addition: An extension or increase in the floor area or height of a building or structure. Alteration of a Watercourse: A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard, or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal: A request for a review of the Floodplain Administrator's interpretation of any provision of this Ordinance. Area of Future-Conditions Flood Hazard: The land area that would be inundated by the one percent annual chance of flood based on future-conditions hydrology. Area of Shallow Flooding: A designated Zone AO or AH on a community's Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of Special Flood Hazard: See Special Flood Hazard Area (SFHA). Base Flood: The flood area having a one percent chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE): A determination of the water surface elevations of the base flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA- approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation. Basement: Any area of the building having its floor subgrade (below ground level) on all sides. Building: See Structure. Chemical Storage Facility: A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. Design Flood: See Regulatory Flood Protection Elevation. DR A F T Page 131 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 65 Development: Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Development Activity: Any activity defined as Development that will necessitate a Floodplain Development Permit. This includes buildings, structures, and non- structural items, including, but not limited to, fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures. Digital Flood Insurance Rate Map (DFIRM): The digital official map of a community, issued by FEMA, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated. Disposal: As defined in NCGS § 130A-290 (a) (6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. Elevated Building: A non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Encroachment: The advance or infringement of uses, fill, excavation, buildings, structures, or development into a special flood hazard area, which may impede or alter the flow capacity of a floodplain. Existing Building and Existing Structure: Any building and/or structure for which the start of construction commenced before July 16, 1981, the effective date of the initial floodplain management regulations adopted by Randolph County. Existing Manufactured Home Park or Manufactured Home Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads was completed before July 16, 1981, the initial effective date of the floodplain management regulations adopted by the community. Flood Boundary and Floodway Map (FBFM): An official map of a community, issued by FEMA, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map. DR A F T Page 132 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 66 Flood Hazard Boundary Map (FHBM): An official map of a community, issued by FEMA, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A. Flood Insurance: The insurance coverage is provided under the National Flood Insurance Program. Flood Insurance Rate Map (FIRM): An official map of a community, issued by FEMA, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated. Also, see DFIRM. Flood Insurance Study (FIS): An examination, evaluation, and determination of flood hazards, corresponding water surface elevations, if appropriate, flood hazard risk zones, and other flood data in a community issued by FEMA. The Flood Insurance Study report includes FIRMs and FBFMs if published. Flood Prone Area: See Floodplain. Flood Resistant Material: Any building product, material, component, or system capable of withstanding direct and prolonged contact for a minimum of seventy- two hours with floodwaters without sustaining damage that requires more than low- cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in the water, including normal adhesives for above-grade use, is not flood- resistant. Pressure-treated lumber or naturally decay-resistant lumber is an acceptable flooring material. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable, are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2, Flood Damage- Resistant Materials Requirements, available from FEMA. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials. Flood Zone: A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area. Flood/Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of inland or tidal waters; and/or (b) The unusual and rapid accumulation or runoff of surface waters from any source. Floodplain: Any land area susceptible to being inundated by water from any source. DR A F T Page 133 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 67 Floodplain Administrator: The individual appointed to administer and enforce the floodplain management regulations. For this Ordinance, the Randolph County Planning Director is designated as the Floodplain Administrator. Floodplain Development Permit: Any type of permit that is required in conformance with the provisions of this Ordinance, before the commencement of any development activity. Floodplain Management: The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain Management Regulations: This Ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes federal, State, or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water, and sanitation facilities, structures, and their contents. Floodway: The channel of a river or other watercourse, including the area above a bridge or culvert when applicable, and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floodway Encroachment Analysis: An engineering analysis of the impact that a proposed encroachment into a floodway or non-encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed engineer using standard engineering methods and hydraulic models meeting the minimum requirements of the National Flood Insurance Program. Freeboard: The height added to the BFE to account for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge or culvert openings, precipitation exceeding the base flood, and the hydrological effect of urbanization of the watershed. The BFE plus the freeboard establishes the Regulatory Flood Protection Elevation. Functionally Dependent Facility: A facility that cannot be used for its intended purpose unless it is near water, limited to a docking or port facility necessary for DR A F T Page 134 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 68 the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities. Hazardous Waste Management Facility: As defined in NCGS § 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste. Highest Adjacent Grade (HAG): The highest natural elevation of the ground surface, before construction, immediately next to the proposed walls of the structure. Historic Structure: Any structure that is: (a) Listed individually in the National Register of Historic Places, a listing maintained by the US Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a local inventory of historic landmarks in communities with a Certified Local Government Program (CLG); or (d) Certified as contributing to the historical significance of a historic district designated by a community with a Certified Local Government Program (CLG). Certified Local Government Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966, as amended in 1980. Letter of Map Change (LOMC): An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: (a) Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program map. A LOMA is based on technical data showing that a property had been inadvertently mapped as being in the floodplain but is on natural high ground above the base flood elevation. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, a portion of a property, or a structure is not located in a DR A F T Page 135 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 69 special flood hazard area. (b) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries, floodway delineations, and other planimetric features. (c) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the BFE and is, therefore, no longer located within the special flood hazard area. To qualify for this determination, the fill must have been permitted and placed under the community’s floodplain management regulations. (d) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed project complies with the minimum NFIP requirements for such projects concerning the delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light Duty Truck: Any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less, which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five square feet or less as defined in 40 CFR 86.082-2 and is: (a) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or (b) Designed primarily for the transportation of persons and has a capacity of more than twelve persons; or (c) Available with special features enabling off-street or off-highway operation and use. Lowest Adjacent Grade (LAG): The elevation of the ground, sidewalk, or patio slab immediately next to the building, or deck support, after completion of the building. Lowest Floor: The lowest floor of the lowest enclosed area, including the basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not DR A F T Page 136 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 70 built to render the structure in violation of the applicable non-elevation design requirements of this Ordinance. Manufactured Home: A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term manufactured home does not include a recreational vehicle. Manufactured Home Park or Subdivision: A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale. Map Repository: The location of the official flood hazard data to be applied for floodplain management. It is a central location in which flood data is stored and managed; in North Carolina, FEMA has recognized that the application of digital flood hazard data products carries the same authority as hard copy products. Therefore, the NCEM’s Floodplain Mapping Program websites house current and historical flood hazard data. For effective flood hazard data, the NC FRIS website (http://FRIS.NC.GOV/FRIS) is the map repository, and for historical flood hazard data, the NC Flood Maps website (https://flood.nc.gov/ncflood/) is the map repository. Market Value: The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by an independently certified appraisal; replacement cost, depreciated for the age of the building and quality of construction, actual cash value, or adjusted tax assessed values. New Construction: Structures for which the start of construction commenced on or after July 16, 1981, the effective date of the initial floodplain management regulations, and includes any subsequent improvements to such structures. Non-Conversion Agreement: A document stating that the owner will not convert or alter what has been constructed and approved. Violation of the agreement is considered a violation of the Ordinance and, therefore, subject to the same enforcement procedures and penalties. The agreement must be filed with the recorded deed for the property. The agreement must show the clerk’s or recorder’s stamps and/or notations that the filing has been completed. Non-Encroachment Area (NEA): The channel of a river or other watercourse, including the area above a bridge or culvert when applicable, and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the Flood Insurance Study report. Post-FIRM: Construction or other development for which the “start of construction” occurred on or after July 16, 1981, the effective date of the initial Flood Insurance Rate Map. DR A F T Page 137 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 71 Pre-FIRM: Construction or other development for which the “start of construction” occurred before July 16, 1981, the effective date of the initial Flood Insurance Rate Map. Principally Above Ground: At least fifty-one percent of the actual cash value of the structure is above ground. Public Safety/Public Nuisance: Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in a customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Recreational Vehicle (RV): A vehicle that is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light-duty truck; (d) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use, and (e) Is fully licensed and ready for highway use. For this Ordinance, Tiny Homes/Houses and Park Models that do not meet the items listed above are not considered Recreational Vehicles and should meet the standards of and be permitted as Residential Structures. Reference Level: The top of the lowest floor for structures within Special Flood Hazard Areas designated as Zones A, AE, AH, AO, or A99. The reference level is the bottom of the lowest horizontal structural member of the lowest floor for structures within all Special Flood Hazard Areas designated as Zone VE. Regulatory Flood Protection Elevation: The Base Flood Elevation plus the Freeboard. In Special Flood Hazard Areas where BFEs have been determined, this elevation shall be the BFE plus a two-foot freeboard. In Special Flood Hazard Areas where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade. Remedy a Violation: To bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be DR A F T Page 138 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 72 reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the Ordinance, or otherwise deterring future similar violations, or reducing Federal financial exposure regarding the structure or other development. Riverine: Relating to, formed by, or resembling a river, including tributaries, streams, brooks, etc. Salvage Yard: Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, including but not limited to vehicles, appliances, and related machinery. Solid Waste Disposal Facility: Any facility involved in the disposal of solid waste, as defined in NCGS § 130A-290 (a) (35). Solid Waste Disposal Site: As defined in NCGS § 130A-290 (a) (36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method. Special Flood Hazard Area (SFHA): The land in the floodplain subject to a one percent or greater chance of being flooded in any given year, as determined in Article 900, Section 902 (B) of this Ordinance. Start of Construction: Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural parts of the building, whether that alteration affects the external dimensions of the building. Structure: A walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground. Substantial Damage: Damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure DR A F T Page 139 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 73 before the damage occurred. See the definition of substantial improvement. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds twenty-five percent of the market value of the structure before the damage occurred. Substantial Improvement: Any combination of repairs, reconstruction, rehabilitation, addition, or other improvements of a structure, taking place during any one-year period for which the cost equals or exceeds fifty percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (a) Any correction of existing violations of state or community health, sanitary, or safety code specifications that have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or (b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure, and the alteration is approved by a variance issued according to Article 4 Section E of this Ordinance. Technical Bulletin/Technical Fact Sheet: A FEMA publication that guides the building performance standards of the NFIP, which are contained in Title 44 of the US Code of Federal Regulations at Section 60.3. The bulletins and fact sheets are intended for use primarily by State and local officials responsible for interpreting and enforcing NFIP regulations and by members of the development community, such as design professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically as needed. The bulletins do not create regulations; rather, they provide specific guidance for complying with the minimum requirements of existing NFIP regulations. It should be noted that Technical Bulletins and Technical Fact Sheets guide the minimum requirements of the NFIP regulations. State or community requirements that exceed those of the NFIP take precedence. Design professionals should contact the community officials to determine whether more restrictive State or local regulations apply to the building or site in question. All applicable standards of the State or local building code must also be met for any building in a flood hazard area. Temperature Controlled: Having the temperature regulated by a heating and/or cooling system, built-in or appliance. Variance: A grant of relief from the requirements of this Ordinance. DR A F T Page 140 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 74 Violation: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Articles 4 and 5 is presumed to be in violation until such time as that documentation is provided. Water Surface Elevation (WSE): The height, in relation to NAVD 1988, of floods of various magnitudes and frequencies in the floodplains of riverine areas. Watercourse: A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. The watercourse includes specifically designated areas in which substantial flood damage may occur. 105: UNIFIED DEVELOPMENT ORDINANCE The Randolph County Board of Commissioners has elected to combine the regulations authorized by NCGS § 160D into a Unified Development Ordinance, the Randolph County Unified Development Ordinance, hereinafter called the Ordinance. Randolph County may apply any of the definitions and procedures authorized by law to any or all aspects of this Ordinance and may employ any organizational structure, Board, Commission, or staffing arrangement authorized by law to all aspects of this Ordinance. The inclusion of a regulation authorized by NCGS § 160D or local acts in this Ordinance does not expand, diminish, or alter the scope of authority for these regulations. 106: DEVELOPMENT APPROVALS RUN WITH THE LAND Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals (e.g., Rezonings, Special Use Permits, Variances) made according to this Ordinance shall attach to and run with the land for perpetuity. 107: MAPS A. ZONING MAP Zoning district boundaries adopted according to this Ordinance shall be drawn on a map that is adopted or incorporated within a duly adopted development regulation. Zoning district maps that are adopted or amended shall be maintained for public inspection in the Randolph County Planning and Zoning Department as specified in the development regulation. The maps are maintained in a digital format approved by Randolph County. B. INCORPORATION BY REFERENCE DR A F T Page 141 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 75 Development regulations adopted according to this Ordinance may reference or incorporate by reference flood insurance rate maps, watershed boundary maps, or other maps officially adopted or promulgated by State or federal agencies. For these maps, a regulation text or zoning map may reference a specific officially adopted map or may incorporate by reference the most recent officially adopted version of such maps. The zoning district boundaries are automatically amended to remain consistent with changes in the officially promulgated State or federal maps provided a copy of the currently effective version of any incorporated map shall be maintained for public inspections as provided in subsection (A) of this section. C. COPIES Copies of the zoning district map reproduced by any method of reproduction that gives legible and permanent copies, when certified by the Clerk to the Randolph County Planning Board per NCGS § 160A-79, shall be admissible in evidence and shall have the same force and effect as would the original map. 108: REFUND OF ILLEGAL FEES If Randolph County is found to have illegally imposed a tax, fee, or monetary contribution for development or a development approval not specifically authorized by law, Randolph County shall return the tax, fee, or monetary contribution plus interest of six percent per annum to the person who made the payment or as directed by a court if the person making the payment is no longer in existence. 109: CONFLICTS OF INTEREST A. GOVERNING BOARD A Randolph County Board of Commissioners member shall not vote on any legislative decision regarding a development regulation adopted according to this Ordinance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A Randolph County Board of Commissioners member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the application for a text amendment is a person with whom the member has a close familial, business, or other associational relationship. Any potential conflict of interest shall be disclosed by the Board member before the hearing or vote on the matter. B. APPOINTED BOARDS Members of the appointed board shall not vote on any advisory or legislative decision regarding a development regulation adopted according to this Ordinance where the outcome of the matter being considered is reasonably DR A F T Page 142 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 76 likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property is subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship. Any potential conflict of interest shall be disclosed by the Board member before the hearing or vote on the matter. C. ADMINISTRATIVE STAFF No staff member shall make a final decision on an administrative decision required by this Ordinance if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision is assigned to the supervisor of the staff person, or such other staff person as may be designated by this Ordinance or the Randolph County Planning Director. No staff member shall be financially interested or employed by a business that is financially interested in the development subject to regulation under this Ordinance unless the staff member is the owner of the land or building involved. No staff member or other individual or employee of a company contracting with Randolph County to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of Randolph County as determined by Randolph County. D. QUASI-JUDICIAL DECISIONS A member of any Board exercising quasi-judicial functions according to this Ordinance shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons’ constitutional rights to an impartial decision-maker. Impermissible violations of the due process include, but are not limited to, a member having a fixed opinion before hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person or a financial interest in the outcome of the matter. Any impermissible violation of due process shall be disclosed by the Board member before the hearing or vote on the matter. E. RESOLUTION OF OBJECTION If an objection is raised to a board member’s participation at or before the hearing or vote on the matter and the board member does not recuse himself or herself, the remaining members of the board shall by majority vote, rule on that objection. DR A F T Page 143 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 77 F. FAMILIAL RELATIONSHIP For this Ordinance, a close familial relationship means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships. 110: CONSTRUCTION The words written or in writing are deemed to include electronic documentation. Words used in the present tense include the future tense, and words used in the future tense include the present tense. Words used in the singular number include the plural, and words used in the plural number include the singular. The word person includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual. The word lot includes the words plot, parcel, or tract. The word building includes the word structure. The word shall always be mandatory. The word may be permissive. The word will is always mandatory and not merely a directory. The words used or occupied as applied to any land or building and are construed to include the words intended, arranged, or designed to be used or occupied. The term zoning map shall mean the official zoning map(s) of Randolph County, North Carolina. The generic terms road and street are used in this Ordinance and are understood to be the same. Unless specified otherwise, in the absence of evidence to the contrary, delivery by first- class mail is deemed received on the third business day following the deposit of the item for mailing with the United States Postal Service, and delivery by electronic mail is deemed received on the date sent. 111: EFFECT ON PRIOR LAWS A. ENACTMENT OF THIS CHAPTER DR A F T Page 144 of 517 ARTICLE 100: GENERAL PROVISIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 78 The enactment of this Ordinance does not require the re-adoption of any Randolph County ordinances enacted according to laws that were in effect before the effective date of this Ordinance and are restated or revised herein. The provisions of this Ordinance do not affect any act heretofore done, any liability incurred, any right accrued or vested, any suit or prosecution begun, or cause of action accrued as of the effective date of this Ordinance. The enactment of this Ordinance does not amend the geographic area within which Randolph County development regulations adopted before July 1, 2021, are effective. B. NCGS § 153A-3 AND NCGS § 160A-3 NCGS § 153A-3 and NCGS § 160A-3 apply to this Ordinance. Nothing in this Ordinance repeals or amends a charter or local act in effect as of the effective date of this Ordinance unless this Ordinance or a subsequent enactment of the General Assembly clearly shows a legislative intent to repeal or supersede that charter or local act. C. REFERENCE TO ANOTHER GENERAL STATUTE OR LOCAL ACT Whenever a reference is made in another section of the General Statutes or any local act, or any Randolph County ordinance, resolution, or order, to a portion of Article 19 of NCGS § 160A or Article 18 of NCGS § 153A of the General Statutes that is repealed or superseded by this Ordinance, the reference is deemed amended to refer to that portion of this Ordinance that most nearly corresponds to the repealed or superseded portion of Article 19 of NCGS § 160A or Article 18 of NCGS § 153A. 112: SEVERABILITY Shall any provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this Ordinance. DR A F T Page 145 of 517 ARTICLE 200: PLANNING & DEVELOPMENT REGULATION JURISDICTION RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 79 ARTICLE 200: PLANNING AND DEVELOPMENT REGULATION JURISDICTION 201: PLANNING AND DEVELOPMENT REGULATION JURISDICTION All the powers granted by NCGS § 160D may be exercised by Randolph County throughout Randolph County except in areas subject to the municipal planning and development regulation jurisdiction. If a city fails to extend a development regulation to the extraterritorial area, Randolph County may elect to exercise that regulation in the extraterritorial area. If a city elects to adopt zoning or subdivision regulations, each must be applied to the city's entire planning and development regulation jurisdiction. If Randolph County elects to adopt zoning or subdivision regulations, each may be applied to all or part of the County’s planning and development regulation jurisdiction. Randolph County’s planning and development regulation jurisdiction does not include areas in which it has ceded jurisdiction according to an agreement found in Section 209. 202: COUNTY APPROVAL OF MUNICIPAL JURISDICTION No city may extend its extraterritorial powers into any area for which Randolph County has adopted and is enforcing County zoning and subdivision regulations. However, the city may do so where Randolph County is not exercising both powers or when the city and Randolph County have agreed upon the area within which each will exercise the powers conferred by NCGS § 160D. No city may extend its extraterritorial powers beyond one mile from its corporate limits without the approval of the Randolph County Board of County Commissioners with jurisdiction over the area. 203: COUNTY AUTHORITY WITHIN MUNICIPAL JURISDICTION Randolph County may, on request of the municipal council, exercise any or all of these powers in any or all areas lying within the city’s corporate limits or the specified area of the extraterritorial jurisdiction. Such requests shall follow the provisions as outlined in Section 206. 204: TRANSFER OF JURISDICTION DR A F T Page 146 of 517 ARTICLE 200: PLANNING & DEVELOPMENT REGULATION JURISDICTION RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 80 When a city annexes, a new city is incorporated, or a city extends its jurisdiction to include an area that is currently being regulated by Randolph County, this Ordinance and powers of enforcement shall remain in effect until (i) the city has adopted such development regulations or (ii) 60 days have elapsed following the annexation, extension, or incorporation, whichever is sooner. Before the transfer of jurisdiction, the city may hold hearings and take any other measures consistent with NCGS § 160D-204 that may be required to adopt and apply its development regulations for the area at the same time it assumes jurisdiction. 205: RELINQUISHMENT OF JURISDICTION When a city relinquishes jurisdiction over an area that it is regulating under NCGS § 160D to Randolph County, the municipal development regulations and powers of enforcement shall remain in effect until (i) Randolph County has adopted such development regulations or (ii) 60 days have elapsed following the action by which the city relinquished jurisdiction, whichever is sooner. Before the transfer of jurisdiction, Randolph County shall hold hearings and take other measures consistent with NCGS §160D-204 that may be required to adopt and apply its development regulations for the area at the same time it assumes jurisdiction. 206: PROCESS FOR LOCAL GOVERNMENT APPROVAL When a local government is granted powers by NCGS § 160D-202, subject to the request, approval, or agreement of another local government, the request, approval, or agreement is evidenced by a formally adopted resolution of the governing boards of the local governments. Any such request, approval, or agreement can be rescinded upon two years' written notice to the other governing boards concerned by repealing the resolution. The resolution may be modified at any time by mutual agreement of the governing boards concerned. 207: LOCAL ACTS Nothing in this section shall repeal, modify, or amend any local act that defines the boundaries of a city’s extraterritorial jurisdiction by metes and bounds or courses and distances. 208: EFFECT ON VESTED RIGHTS DR A F T Page 147 of 517 ARTICLE 200: PLANNING & DEVELOPMENT REGULATION JURISDICTION RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 81 Whenever a city or Randolph County, according to NCGS § 160D-202, acquires jurisdiction over a territory that heretofore has been subject to the jurisdiction of another local government, any person who has acquired vested rights in the surrendering jurisdiction may exercise those rights as if no change of jurisdiction had occurred. The city or Randolph County acquiring jurisdiction may take any action regarding such a development approval, certificate, or other evidence of compliance that could have been taken by the local government releasing jurisdiction according to its development regulations. Except as provided in this subsection, any building, structure, or other land use in a territory over which a city or Randolph County has acquired jurisdiction is subject to the development regulations of the city or Randolph County. 209: SPLIT JURISDICTION If a parcel of land lies within the planning and development regulation jurisdiction of more than one local government, for this Ordinance, the local governments may, by mutual agreement according to Article 20 of Chapter 160A of the North Carolina General Statutes and with the written consent of the landowner, assign exclusive planning and development regulation jurisdiction under this Ordinance for the entire parcel to any one of those local governments. Such a mutual agreement shall only apply to development regulations and shall not affect taxation or other non-regulatory matters. The mutual agreement is evidenced by a resolution formally adopted by each governing board and recorded with the Randolph County Register of Deeds within 14 days of the adoption of the last required resolution. 210: PENDING JURISDICTION After consideration of a change in a local government jurisdiction has been formally proposed, the local government that is potentially receiving jurisdiction may receive and process proposals to adopt development regulations and any application for development approvals that would be required in that local government if the jurisdiction is changed. No final decision is made on any development approval before the actual transfer of jurisdiction. Acceptance of jurisdiction, adoption of development regulations, and decisions on development approvals may be made concurrently and may have a common effective date. DR A F T Page 148 of 517 ARTICLE 200: PLANNING & DEVELOPMENT REGULATION JURISDICTION RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 82 This page is intentionally blank. DR A F T Page 149 of 517 ARTICLE 300: BOARDS AND ORGANIZATIONAL ARRANGEMENTS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 83 ARTICLE 300: BOARDS AND ORGANIZATIONAL ARRANGEMENTS 301: PLANNING BOARD A. COMPOSITION The Randolph County Board of Commissioners, by an ordinance adopted May 1, 1967, and as amended, provides for the appointment of the Randolph County Planning Board. The Randolph County Board of Commissioners may appoint and provide compensation for alternate members to serve on the Board in the absence or temporary disqualification of any regular member or to fill a vacancy pending the appointment of a member. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member serving on behalf of any regular member has all the powers and duties of a regular member. B. DUTIES The Randolph County Planning Board is delegated the following powers and duties: (1) Prepare, review, maintain, monitor, and periodically update and recommend to the Randolph County Board of Commissioners a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis; (2) Facilitate and coordinate citizen engagement and participation in the planning process; (3) Develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner; (4) Advise the Randolph County Board of Commissioners concerning the implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments as required by NCGS § 160D-604; (5) Exercise any functions in the administration and enforcement of various means for carrying out plans that the Randolph County Board of Commissioners may direct; DR A F T Page 150 of 517 ARTICLE 300: BOARDS AND ORGANIZATIONAL ARRANGEMENTS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 84 (6) Provide a forum for review and determination of quasi-judicial decisions; and (7) Perform any other related duties that the Randolph County Board of Commissioners may direct. 302: ZONING BOARD OF ADJUSTMENT A. COMPOSITION The Randolph County Board of Commissioners, by existing ordinance, also provides for the appointment and compensation of the Randolph County Zoning Board of Adjustment, consisting of five or more members, each to be appointed for three years. The Randolph County Board of Commissioners may appoint and provide compensation for alternate members to serve on the Board in the absence or temporary disqualification of any regular member or to fill a vacancy pending the appointment of a member. Alternate members shall be appointed for the same term, at the same time, and in the same manner as for regular members. Each alternate member serving on behalf of any regular member has all the powers and duties of a regular member. By action of the Randolph County Board of Commissioners dated January 7, 1980, the Randolph County Planning Board shall perform the duties of the Randolph County Zoning Board of Adjustment. B. DUTIES The Randolph County Zoning Board of Adjustment shall hear and decide all matters upon which it is required to pass under any statute or development regulation adopted under this Ordinance. The Randolph County Zoning Board of Adjustment is assigned decision-making authority for specific quasi-judicial causes and shall comply with all the procedures and processes applicable in making quasi-judicial decisions. 303: RULES OF PROCEDURE Rules of Procedure that are consistent with the provisions of this Ordinance and NCGS § 160D may be adopted by the Randolph County Board of Commissioners for any or all boards created under this Article. In the absence of action by the Randolph County Board of Commissioners, the Randolph County Planning Board and the Randolph County Zoning Board of Adjustment are authorized to adopt their own Rules of Procedure that are consistent with the provisions of this Ordinance. A copy of any adopted Rules of Procedure is maintained by the Clerk to the Randolph County Planning Board and the Randolph County Zoning Board of Adjustment or such other official as designated by DR A F T Page 151 of 517 ARTICLE 300: BOARDS AND ORGANIZATIONAL ARRANGEMENTS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 85 ordinance or the Randolph County Planning Director and posted on the Randolph County website. Each Board shall keep minutes of its proceedings. 304: OATH OF OFFICE All members appointed to Boards shall, before entering their duties, qualify by taking an Oath of Office as required by NCGS § 153A-26 and NCGS § 160A-61. 305: APPOINTMENTS TO BOARDS All appointments to the Board authorized by this Ordinance are made by the Randolph County Board of Commissioners. The Randolph County Board of Commissioners may establish reasonable procedures to solicit, review, and make appointments. 306: REMOTE MEETINGS DURING DECLARED EMERGENCIES A. REMOTE MEETINGS Notwithstanding any other provision of law, upon issuance of a declaration of emergency under NCGS § 166A-19.20, any public body within the emergency area may conduct remote meetings under this section and Article 33 C of Chapter 143 of the North Carolina General Statutes throughout that declaration of emergency. Compliance with this statute establishes a presumption that a remote meeting is open to the public. B. REQUIREMENTS The public body shall comply with all the following for remote meetings conducted under this section: (1) The public body shall give proper notice under NCGS § 143- 318.12 and any other requirement for notice applicable to the public body. The notice shall also specify how the public can access the remote meeting as that remote meeting occurs. (2) Any member of the public body participating by a method of simultaneous communication in which that member cannot be physically seen by the public body must identify himself or herself in each of the following situations: (a) When the roll is taken or the remote meeting is commenced. DR A F T Page 152 of 517 ARTICLE 300: BOARDS AND ORGANIZATIONAL ARRANGEMENTS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 86 (b) Before participating in the deliberations, including making motions, proposing amendments, and raising points of order. (c) Before voting. (3) All documents to be considered during the remote meeting shall be provided to each member of the public body. (4) The method of simultaneous communication shall allow for any member of the public body to do all the following: (a) Hear what is said by the other members of the public body. (b) Hear what is said by any individual addressing the public body. (c) To be heard by the other members of the public body when speaking to the public body. (5) All votes shall be roll call. No vote by secret or written ballots, whether by paper or electronic means or under NCGS § 143- 318.13 (b), may be taken during the remote meeting. (6) The public body shall comply with NCGS § 143-318.13 (c). (7) The minutes of the remote meeting shall reflect that the meeting was conducted by use of simultaneous communication, in which members were participating by simultaneous communication, and when such members joined or left the remote meeting. (8) All chats, instant messages, texts, or other written communications between members of the public body regarding the transaction of the public business during the remote meeting are deemed a public record. (9) The remote meeting shall be simultaneously streamed live online so that simultaneous live audio and video, if any, of such meeting is available to the public. If the remote meeting is conducted by conference call, the public body may comply with this subdivision by providing the public with an opportunity to dial in or stream the audio live and listen to the remote meeting. DR A F T Page 153 of 517 ARTICLE 300: BOARDS AND ORGANIZATIONAL ARRANGEMENTS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 87 C. QUORUM A member of the public body participating by simultaneous communication under this section shall be counted as present for quorum purposes only during the period while simultaneous communication is maintained for that member. The provisions of NCGS § 153A-44 and NCGS § 160A-75 shall apply to all votes of each member of the Randolph County Planning Board or Randolph County Zoning Board of Adjustment taken during a remote meeting. D. VOTING BY MEMBERS OF THE PUBLIC BODY Votes of each member of the Randolph County Planning Board or Randolph County Zoning Board of Adjustment made during a remote meeting under this section shall be counted as if the member were physically present only during the period while simultaneous communication is maintained for that member. E. PUBLIC HEARINGS The Randolph County Planning Board or Randolph County Zoning Board of Adjustment may conduct any public hearing required or authorized by law during a remote meeting, and act thereon, provided the Randolph County Planning Board or Randolph County Zoning Board of Adjustment allows for written comments about the public hearing to be submitted between the publication of any required notice and 24 hours before the scheduled time for the beginning of the public hearing. If the Randolph County Planning Board or Randolph County Zoning Board of Adjustment has provided notice of an official meeting and one or more members of the public body desire to participate remotely after the issuance of the notice, the Randolph County Planning Board or Randolph County Zoning Board of Adjustment may amend the notice of the meeting to include the means whereby the public can access the remote meeting as that remote meeting occurs. Such amended notice of a remote meeting shall comply with all the following: (1) Be issued no less than six hours before the official meeting; (2) Be distributed per NCGS § 143-318.12 (b) (2) and (b) (3), as applicable; and (3) Be posted per NCGS § 143-318.12 (e). F. QUASI-JUDICIAL HEARINGS A public body may conduct a quasi-judicial proceeding as a remote meeting only when all the following apply. DR A F T Page 154 of 517 ARTICLE 300: BOARDS AND ORGANIZATIONAL ARRANGEMENTS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 88 (1) The right of an individual to a hearing and decision occurs during an emergency. (2) All persons subject to the quasi-judicial proceeding who have standing to participate in the quasi-judicial hearing have been given notice of the quasi-judicial hearing and consent to the remote meeting. (3) All due process rights of the parties affected are protected. G. CLOSED SESSIONS The Randolph County Planning Board or Randolph County Zoning Board of Adjustment may conduct a closed session as authorized in NCGS § 143- 318.11. While in closed session, the Randolph County Planning Board or Randolph County Zoning Board of Adjustment is not required to provide access to the remote meeting to the public. H. NOT EXCLUSIVE Article 300, Section 306 applies only during emergency declarations and does not supersede any authority for electronic meetings under Article 33 C of Chapter 143 of the General Statutes. DR A F T Page 155 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 89 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS 401: APPLICATION The provisions of this Ordinance shall apply to all development regulations adopted under this Ordinance. Randolph County shall also apply any of the definitions and procedures authorized by this Ordinance to any ordinance adopted under the general police power of cities and counties, Article 8 of NCGS § 160A and Article 6 of NCGS § 153A respectively, and may employ any organizational structure, Board, Commission or staffing arrangement authorized by this Article to any or all aspects to those ordinances. The provisions of this Ordinance also apply to any other local ordinance that substantially affects land use and development. The provisions of this Ordinance are supplemental to specific provisions included in other Articles of NCGS § 160D. To the extent there is a conflict between the provisions of this Ordinance and other Articles, the more specific provision shall control. This Ordinance does not expand, diminish, or alter the scope of authority for development regulations authorized by NCGS § 160D. 402: ADMINISTRATIVE STAFF A. AUTHORIZATION Randolph County may appoint administrators, inspectors, enforcement officers, planners, technicians, and other staff to develop, administer, and enforce development regulations authorized by this Ordinance. B. DUTIES Duties assigned to staff may include, but are not limited to, the following: (1) Drafting and implementing plans for development regulations to be adopted according to this Ordinance; (2) Determining whether applications for development approvals are complete; (3) Receipt and processing of applications for development approvals; (4) Providing notices of applications and hearings; DR A F T Page 156 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 90 (5) Making decisions and determinations regarding development regulation implementation; (6) Determining whether applications for development approvals meet applicable standards as established by Randolph County; (7) Conducting inspections; (8) Issuing or denying Certificates of Compliance or Occupancy; enforcing development regulations, including issuing Notices of Violations, orders to correct violations, and recommending bringing judicial actions against actual or threatened violations; and (9) Keeping adequate records and taking any other actions that may be required to adequately enforce the laws and development regulations under their jurisdiction. This Ordinance requires that Code Enforcement Officers take an oath of office. Randolph County has the authority to enact ordinances, procedures, and fee schedules relating to the administration and enforcement of this Ordinance. The administrative and enforcement provisions related to building permits outlined in NCGS § 160D-1100 shall be followed for these permits. C. FINANCIAL SUPPORT Randolph County Board of Commissioners may appropriate for the support of the staff any funds that it deems necessary. It shall have the power to fix reasonable fees for support, administration, and implementation of programs authorized by NCGS § 160D, and all such fees shall be used for no other purposes. When an inspection, for which the permit holder has paid a fee to Randolph County, is performed by a marketplace pool code- enforcement official upon request of the North Carolina Insurance Commissioners under NCGS § 143-151.12 (9) a., Randolph County shall promptly return to the permit holder the fee collected by Randolph County for such inspection. This applies to the following inspections: plumbing, electrical systems, general building restrictions and regulations, heating and air-conditioning, and the general construction of the buildings. D. REVIEW OF AFFIXED SEALS OF DESIGN Administrative staff, Code-Enforcement Officials, or other local government personnel charged with reviewing plans required by Chapter 160D of the General Statutes shall not make administrative decisions on the scope of work covered by architect or engineer seals of design affixed to work as required by Chapter 83 A or Chapter 89 C of the General Statutes, the North DR A F T Page 157 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 91 Carolina State Building Code, or as otherwise required by law. Nothing in this section should be construed to prevent Randolph County from reviewing plans, drawings, specifications, reports, or other work that requires a seal according to Chapter 83 A or Chapter 89 C of the General Statutes, the North Carolina State Building Code, or other relevant laws, before an architect or engineer seal is affixed, to ensure compliance with applicable codes, ordinances, or other design standards or requirements. 403: ADMINISTRATIVE DEVELOPMENT APPROVALS AND DETERMINATIONS A. DEVELOPMENT APPROVALS To the extent consistent with the scope of regulatory authority granted by the Articles of this Ordinance, no person shall commence or proceed with development without first securing the required development approval from Randolph County Planning and Zoning if Randolph County has jurisdiction over the site of the development. Development approval shall be in writing and may contain a provision requiring the development to comply with all applicable State and local laws. Randolph County may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued. Applications for development approvals may be made by the landowner, a lessee, or a person holding an option or contract to purchase or lease the land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement. B. DETERMINATIONS AND NOTICE OF DETERMINATION The Randolph County Planning Director and other staff, as may be designated, are charged with making determinations under the development regulations for uses permitted by right. Development approval for uses that require rezoning or Special Use Permits shall be made by the Randolph County Planning Board. Development approval for uses that require a variance shall be made by the Randolph County Zoning Board of Adjustment. The Randolph County Planning Director shall give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the Randolph County Tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner. DR A F T Page 158 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 92 It is conclusively presumed that all persons with standing to appeal have constructive notice of the determination from the date a sign providing notice that a determination has been made is prominently posted on the property that is the subject of the determination, provided the sign remains on the property for at least ten days. The sign shall contain the words Zoning Decision or Subdivision Decision or similar language for other determinations in letters at least six inches high and shall identify the means to contact Randolph County Planning and Zoning staff members for information about the determination. Posting of signs is not the only form of constructive notice. Any such posting is the responsibility of the landowner, applicant, or person who sought the determination. Verification of the posting shall be provided to the Randolph County Planning Director in writing for documentation. Posting of signs related to any public hearings shall be required not less than ten days before a public hearing and no more than twenty-five days before a public hearing. The posting of the property giving notice that a determination has been made is optional for the landowner, applicant, or person who sought the determination and is not required by this Ordinance. C. DURATION OF DEVELOPMENT APPROVAL Unless a different period is specified by this Ordinance or NCGS § 160D, including for a development agreement, development approval issued according to this Ordinance expires one year after the date of issuance if the work authorized by the development approval has not been substantially commenced. This Ordinance may provide for development approvals of shorter duration for temporary land uses, special events, temporary signs, and similar developments. This Ordinance may also provide for development approvals of longer duration for specified types of development approvals. Nothing in this subsection limits any vested rights secured under NCGS § 160D-108 or NCGS 160D-108.1. D. CHANGES After a development approval has been issued, no deviations from the terms of the application or the development approval shall be made until written approval of proposed changes or deviations has been obtained. Randolph County may allow minor modifications to development approvals that can be exempted or administratively approved. For this Ordinance, a minor modification is a small alteration of an approved site plan and may include a reduction in the number or size of approved buildings or the alteration of the location of a building by no more than twenty-five feet from the location on the approved site plan. Randolph County shall follow the same development review and approval process required for the issuance of the development approval in the review and approval of any major modification of that approval. E. INSPECTIONS DR A F T Page 159 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 93 Administrative staff may inspect work undertaken according to a development approval to ensure that the work is being done following applicable State and local laws and the terms of the approval. In exercising this power, staff are authorized to enter any premises within the jurisdiction of Randolph County at all reasonable hours for inspection or other enforcement action, upon presentation of property credentials, provided the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured. Administrative staff are prohibited from requiring unrestricted written consent from a permit applicant to enter any premises or areas not open to the public as a condition of accepting an application for, or the issuance of, development approvals. F. REVOCATION OF DEVELOPMENT APPROVALS In addition to the initiation of enforcement actions under NCGS § 160D-404, development approvals may be revoked by Randolph County by notifying the holder in writing stating the reason for the revocation. Randolph County shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any State law delegated to Randolph County for enforcement purposes instead of the State; or for false statement or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable State or local law may also be revoked. The revocation of a development approval by a staff member may be appealed according to NCGS § 160D-405. If an appeal is filed regarding a development regulation adopted by Randolph County according to NCGS § 160D, the provisions of NCGS § 160D-405 (e) regarding stays apply. G. CERTIFICATE OF OCCUPANCY Randolph County shall, upon completion of work or activity undertaken according to a development approval, make final inspections and issue a Certificate of Compliance or Occupancy if staff finds that the completed work complies with all applicable State and local laws and with the terms of the permit approval. No building, structure, or use of land that is subject to a building permit required by NCGS § 160D-1100 shall be occupied or used until a Certificate of Occupancy or Temporary Certificate of Occupancy according to NCGS § 160D-1116 has been issued. 404: ENFORCEMENT A. NOTICES OF VIOLATION DR A F T Page 160 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 94 When staff determines work or activity has been undertaken in violation of this Ordinance or a development regulation adopted according to NCGS § 160D or other local development regulation or any State law delegated to Randolph County for enforcement purposes instead of the State or in violation of the terms of a development approval, a written Notice of Violation shall be issued. The Notice of Violation shall be delivered to the holder of the development approval and the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The Notice of Violation may be posted on the property. The person providing the Notice of Violation shall certify to Randolph County that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. Except as provided by NCGS § 160D-1123, NCGS § 160D-1206, or otherwise provided by law, a Notice of Violation may be appealed to the Randolph County Zoning Board of Adjustment according to NCGS § 160D-405. B. STOP WORK ORDERS Whenever any work or activity subject to regulation according to NCGS § 160D or this Ordinance or other applicable local development regulation or any State law delegated to Randolph County for enforcement purposes instead of the State is undertaken in substantial violation of any State or local law, or in a manner that endangers life or property, staff may order the specific part of the work or activity that is in violation or presents such a hazard to be immediately stopped. The order shall be in writing, directed to the person doing the work or activity, and shall state the specific work or activity to be stopped, the reasons thereof, and the conditions under which the work or activity may be resumed. A copy of the order shall be delivered to the holder of the development approval by personal delivery, electronic delivery, or first-class mail. The person or persons delivering the stop-work order shall certify to Randolph County that the order was delivered, and that certificate shall be deemed conclusive in the absence of fraud. Except as provided by NCGS § 160D-1112 and NCGS § 160D-1208, a stop-work order may be appealed according to NCGS § 160D-405. No further work or activity shall take place in violation of a stop-work order pending a ruling on the appeal. Violation of a stop-work order shall constitute a violation of this Ordinance and be subject to Article 400, Section 405. C. REMEDIES (1) Subject to the provisions of the development regulation, any development regulation adopted under authority conferred by NCGS § 160D may be enforced by any remedy provided by NCGS § 160A-175 or NCGS § 153A-123. If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, DR A F T Page 161 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 95 or land is used or developed in violation of NCGS § 160D or any development regulation or other regulation made under the authority of NCGS § 160D, Randolph County, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use or development; to restrain, correct or abate the violation; to prevent the occupancy of the building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises. (2) In case any building, structure, site, area or object designated as a historic landmark or located within a historic district designated according to NCGS § 160D is about to be demolished whether the result of deliberate neglect or otherwise, materially altered, remodeled, removed or destroyed, except in compliance with the development regulation or other provisions of NCGS § 160D, Randolph County, the Historic Landmark Preservation Commission or other parties aggrieved by such action may institute any appropriate action or proceedings to prevent such unlawful demolition, destruction, material alteration, remodeling or removal, to restrain, correct or abate such violation, or to prevent any illegal activity or conduct concerning such building, structure, site, area or object. Such remedies shall be in addition to others authorized by NCGS § 160D for violation of an ordinance. 405: FINES AND PENALTIES The County may pursue civil penalties through the issuance of citations for violations as provided below. A. CITATION The Randolph County Planning Director or designated Code Enforcement Officer may issue a citation for a violation after the period set out in the Notice of Violation for taking corrective measures has expired. B. SERVICE The citation shall be delivered to the violator by: (1) Hand delivery or certified mail to the violator’s last known address; (2) Hand delivery or certified mail to the property in violation; or DR A F T Page 162 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 96 (3) Posting of the notice, in a conspicuous location, at the property in violation. When service is made by certified mail, a copy of the citation may also be sent by regular mail. Service shall be deemed sufficient if the certified mail is unclaimed or refused, but the regular mail is not returned by the Post Office within ten days after mailing. C. CONTENTS The citation shall include the nature of the violation, the amount of the civil penalty, information about where to pay the civil penalty, the deadline for payment, notification of daily penalties for continuing violations, and the notification of possible civil enforcement. D. PENALTY AMOUNT The Randolph County Planning Director or designated Code Enforcement Officer shall assess a civil penalty of up to $500. Determination of the amount of the civil penalty for continuing violations shall be based upon the standards outlined in the Code Enforcement Policies and Procedures Manual. E. DEADLINE FOR PAYING CIVIL PENALTIES All civil penalties shall be paid on or before thirty days after receipt of the Notice of Violation. Failure to pay civil penalties within the said deadline may subject the violator to civil action, such as a debt. F. CONTINUING VIOLATIONS The citation shall also include a notice that a daily penalty of up to $500 shall be assessed for each day of continued violation and that the penalty shall be cumulative. If the violation continues for more than thirty days after receipt of the citation, payment of subsequent daily civil penalties must be made within twenty-four hours for every day of violation past the thirtieth day. G. SETTLEMENT OF VIOLATIONS Once a violation has been corrected, the Randolph County Planning Director or designated Code Enforcement Officer may waive payment of a single civil penalty or, in the case of a continuing violation, reduce the amount to a single-day civil penalty, if one or more of the following factors are present: (1) The violator has not previously received a citation for a violation; (2) The violation does not directly impact the public health and safety of the community; DR A F T Page 163 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 97 (3) The violation was difficult to correct expeditiously; or (4) The degree of non-compliance was not substantial. If the violation has not been corrected, payment shall not release a violator from potential civil enforcement, criminal prosecution, injunctive relief, or an order of abatement. H. APPEALS All appeals of citations must be brought within thirty days after the date of receipt of the citation and following Article 400, Section 407 of this Ordinance. I. NON-PAYMENT OF PENALTIES If payment of any violation penalties is not received or equitable settlement is reached within thirty days after the demand for payment is made, the violation shall be referred to the County Attorney for the institution of a Civil Action in the appropriate division of the General Courts of Justice for recovery of the violation penalties, reasonable attorney fees, and court costs. Provided, however, if the violation penalty is not paid within the time prescribed, the Planning Director may have a lien for all costs incurred placed upon the property that is the subject of the violation. J. PERMIT DENIAL OR CONDITIONS Any permit, certificate, or other authorization that has been issued for the property on which there is an uncorrected violation may be withheld or may be conditioned on the correction of the violation and/or payment of a civil penalty, and/or posting of a performance bond. K. PERMIT REVOCATION OR VOIDING Any permit, certificate, or other authorization may be revoked or voided upon a written determination by the Randolph County Planning Director that the violation is substantial. Any permit or certificate mistakenly issued in violation of State law or local ordinance or issued based on misrepresentations by the applicant, owner, or owner’s agent may be revoked or voided without a written determination. 406: APPEALS OF ADMINISTRATIVE DECISIONS A. APPEALS Except as provided in NCGS § 160D-1403.1, appeals of administrative decisions made by the staff under this Chapter shall be made to the Randolph County Zoning Board of Adjustment. Appeals of administrative decisions on subdivision plats shall be made as provided in NCGS § 160D- 1403. DR A F T Page 164 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 98 B. STANDING Any person who has standing under NCGS § 160D-1402 (d) or Randolph County may appeal an administrative decision to the Randolph County Zoning Board of Adjustment. An appeal is taken by filing a Notice of Appeal with the Clerk to the Randolph County Zoning Board of Adjustment. The Notice of Appeal shall state the grounds for the appeal, along with the specific section of this Ordinance that supports the grounds for the appeal. C. TIME TO APPEAL The owner or other party has thirty days from receipt of the written notice of the determination within which to file an appeal. Any other person with the standing to appeal has thirty days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice according to NCGS § 160D-403 (b) given by first-class mail is deemed received on the third business day following the deposit of the notice for mailing with the United States Postal Service. D. RECORD OF DECISION The official who made the decision shall transmit to the Randolph County Zoning Board of Adjustment all documents and exhibits constituting the record upon which the decision appealed is taken. The official shall also provide a copy of the record to the appellant and to the owner of the property that is subject to the appeal if the appellant is not the owner. E. STAYS An appeal of a Notice of Violation or other enforcement to the Zoning Board of Adjustment and any subsequent appeal per NCGS § 160D-1402 stays enforcement of the action appealed from and accrual of any fines assessed during the pendency of the appeal or during the pendency of any civil proceeding authorized by law or related appeal. If however, the official who made the decision certifies to the Randolph County Zoning Board of Adjustment after notice of appeal has been filed that because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or because the violation is transitory, a stay would seriously interfere with the enforcement of the development regulation, then enforcement proceeding is not stayed except by a restraining order, which may be granted by a court. If enforcement proceedings do not stay, the appellant may file with the official a request for an expedited hearing of the appeal, and the Randolph County Zoning Board of Adjustment shall meet to hear the appeal within fifteen days of the request being filed. Notwithstanding any other provision of this section, appeals of decisions granting a development approval or otherwise affirming that a proposed use of the property is consistent with the development approvals to use the property; in these situations, the appellant or Randolph County may DR A F T Page 165 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 99 request, and the Randolph County Zoning Board of Adjustment may grant a stay of a final decision of development approval applications, including building permits affected by the issue being appealed. F. ALTERNATIVE DISPUTE RESOLUTION The parties to an appeal that has been made under this section may agree to mediation or other forms of alternative dispute resolution. The development regulation may set standards and procedures to facilitate and manage such voluntary alternative dispute resolution. G. NO ESTOPPEL NCGS § 160D-1403.2, limiting Randolph County’s use of the defense of estoppel, applies to proceedings under this section. 407: QUASI-JUDICIAL PROCEDURE A. PROCESS REQUIRED The appropriate Board shall follow quasi-judicial procedures in determining appeals of administrative decisions, Special Use Permit requests, Variances, or any other quasi-judicial decisions. The appropriate Board shall be determined by the matter being heard. Appeals of administrative decisions, Variances, or other quasi-judicial decisions shall be heard by the Randolph County Zoning Board of Adjustment. Requests for the issuance of a Special Use Permit shall be heard by the Randolph County Planning Board. For clarification, in this section, the term Board shall apply to either the Randolph County Zoning Board of Adjustment or the Randolph County Planning Board, depending on the decision that must be rendered. B. NOTICE OF HEARING Notice of evidentiary hearings conducted under NCGS § 160D shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by the local development regulation. In the absence of evidence to the contrary, Randolph County shall rely on the Randolph County Tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than twenty-five days, before the date of the hearing. Within that same period, Randolph County shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. The Board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given DR A F T Page 166 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 100 date and a quorum of the Board is not then present, the hearing shall be continued until the next regular meeting without further advertisement. C. ADMINISTRATIVE MATERIALS The Randolph County Planning Director or staff to the Board shall transmit to the Board all applications, reports, and written materials relevant to the matter being considered. The administrative materials shall be distributed to the members of the Board before the hearing, if at the same time they are distributed to the Board, a copy is also provided to the appellant or applicant and the landowner if the person is not the appellant or applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to the inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the Board at the hearing. D. PRESENTATION OF EVIDENCE The applicant, Randolph County, and any person who would have standing to appeal the decision under NCGS § 160D-1402 (d) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the Board. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the Board. The Board Chair shall rule on any objections, and the Chair’s rulings may be appealed to the full Board. These rulings are also subject to judicial review under NCGS § 160D-1402. Objections based on jurisdictional issues may be raised for the first time on judicial review. E. APPEARANCE OF OFFICIAL, NEW ISSUES The official who made the decision, or the person currently occupying that position if the decision-maker is no longer employed by Randolph County, shall be present at the evidentiary hearing as a witness. The appellant shall not be limited at the hearing to matters stated in a notice of appeal. If any party or Randolph County would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board shall continue the hearing. F. OATHS The Chair of the Board or any member acting as Chair and the Clerk to the Board are authorized to administer oaths to witnesses in any matter coming before the Board. Any person who, while under oath during a proceeding before the Board determining a quasi-judicial matter, willfully swears falsely is guilty of a Class I misdemeanor. DR A F T Page 167 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 101 G. SUBPOENAS The Board making a quasi-judicial decision under NCGS § 160D through the Chair of the Board, or in the Chair’s absence, anyone acting as chair, may subpoena witnesses and compel the production of evidence. To request the issuance of a subpoena, the applicant, Randolph County, and any person with standing under NCGS § 160D-1402 (d) may make a written request to the Chair of the Board explaining why certain witnesses or evidence must be compelled. The Chair of the Board shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The Chair of the Board shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the Chair of the Board may be immediately appealed to the full Board. If a person fails or refuses to obey a subpoena issued according to this subsection, the Board or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties. H. APPEALS IN NATURE OF CERTIORARI When hearing an appeal according to NCGS § 160D-947 (e) or any other appeal, like certiorari, the hearing shall be based on the records below, and the scope of review shall be as provided in NCGS § 160D-1402 (k). I. VOTING The concurring vote of four-fifths of the Randolph County Zoning Board of Adjustment shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made like certiorari. For this subsection, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter under NCGS § 160D-109 (d) shall not be considered members of the Board for the calculation of the requisite majority if there are no qualified alternates available to take the place of such members. A failure to vote by a member who is physically present at the public hearing, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote. J. DECISIONS The Board shall determine contested facts and make its decision within a reasonable time. When hearing an appeal, the Randolph County Zoning Board of Adjustment may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirements, decision, or determination that ought to be made. The Board shall have all the powers of the official who made the decision. Every quasi-judicial decision shall be reduced to writing and reflect the Board’s determination of contested facts and the application to the applicable standards, and be approved by the Board. The Order shall be signed by the Chair or another DR A F T Page 168 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 102 duly authorized member of the Board. A quasi-judicial decision is effective upon filing the written decision with the Clerk to the Board. The decisions of the Board shall be delivered within a reasonable time by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and any person who has submitted a written request for a copy before the date the decision becomes effective. The person required to provide notice shall certify to Randolph County that proper notice has been made, and the certificate shall be deemed as conclusive in the absence of fraud. K. JUDICIAL REVIEW Every quasi-judicial decision shall be subject to review by the Superior Court by proceedings like certiorari according to NCGS § 160D-1402. Appeals shall be filed within the times specified in NCGS § 160D-1405 (d). The Randolph County Board of Commissioners or the Randolph County Planning Board, which is a party to the judicial review of the quasi-judicial decision, shall have the authority to settle the litigation, subject to Article 33C of Chapter 143 of the General Statutes. 408: PROCESS FOR ADOPTING, AMENDING, OR REPEALING DEVELOPMENT REGULATIONS A. MAILED NOTICE Before adopting, amending, or repealing any ordinance or development regulation authorized by NCGS § 160D, Randolph County shall hold a legislative hearing. A notice of the hearing shall be given once a week for successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten days nor more than twenty-five days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included, but the day of the hearing shall be included. B. DEVELOPMENT REGULATION ADOPTION Any development regulations adopted according to NCGS § 160D shall be adopted by ordinance. If the newly adopted development regulation applies to any matter addressed in this Ordinance, this Ordinance shall be deemed amended when the proposed ordinance is adopted. C. ORDINANCE REQUIRED A development regulation adopted under this Chapter shall be adopted by ordinance. DR A F T Page 169 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 103 D. DOWN-ZONING1 No amendment to zoning regulations or a zoning map that down-zones property shall be initiated, nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the local government. For purposes of this section, down-zoning means a zoning ordinance that affects an area of land in one of the following ways: (1) By decreasing the development density of the land to be less dense than was allowed under its previous usage; or (2) By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage. 409: NOTICE OF HEARING ON PROPOSED ZONING MAP AMENDMENTS A. MAILED NOTICE Subject to the limitations of this Article, the ordinance provides the way zoning regulations and the boundaries of zoning districts are to be determined, established, and enforced, and from time to time amended, supplemented, or changed, following the provisions of this Article. The owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed for such owners on the county tax abstracts. For this section, properties are abutting even if separated by a street, railroad, or other transportation corridors. This notice must be deposited in the mail at least ten but not more than twenty-five days before the date of the hearing. If the zoning map amendment is being proposed in conjunction with an expansion of municipal extraterritorial planning and development regulation jurisdiction under NCGS § 160D-202, a single hearing on the zoning map amendment and the boundary amendment may be held. In this instance, the initial notice of the zoning map amendment hearing may be combined with the boundary hearing notice, and the combined hearing notice mailed at least thirty days before the hearing. B. OPTION OF MAILED NOTICE FOR LARGE-SCALE ZONING MAP AMENDMENTS The first-class notice required under subsection (A) of this section is not required if the zoning map amendment proposes to change the zoning designation of more than fifty parcels, owned by at least fifty different property owners, and Randolph County elects to use the expanded 1 HB161 has been filed in the North Carolina General Assembly in 2025. If adopted as a general statute, this section of the Randoph County Unified Development Ordinance would be removed. DR A F T Page 170 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 104 published notice provided for in this subsection. In this instance, Randolph County may elect to make the mailed notice provided for in subsection (A) of this section, or as an alternative, elect to publish notice of the hearing as required by NCGS § 160D-601, provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement is effective for property owners who reside in the general circulation area of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent Randolph County property tax listing for the affected property, shall be notified according to the provisions of subsection (A) of this section. C. POSTED NOTICE When a zoning map amendment is proposed, Randolph County shall prominently post a notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same period specified for mailed notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each parcel is not required, but Randolph County shall post sufficient notices to provide reasonable notice to interested persons. D. OPTIONAL COMMUNICATION REQUIREMENTS When a zoning map amendment is proposed, Randolph County strongly suggests that the person proposing the map amendments consult with and inform the neighboring property owners and residents. The person proposing the zoning map amendment shall report to the Randolph County Planning Board any communication with neighboring property owners and residents. 410: CITIZEN COMMENTS Subject to the limitations in NCGS § 160D, zoning regulations may from time to time be amended, supplemented, changed, modified, or repealed. If any resident or property owner in Randolph County submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment that has been properly initiated as provided in NCGS § 160D-604, to the Clerk to the Randolph County Planning Board at least two business days before the proposed vote on such change, the Clerk to the Randolph County Planning Board shall deliver such written statement to the Randolph County Planning Board. If the proposed change is the subject of a quasi-judicial proceeding under NCGS § 160D-705 or any other statute, the Clerk shall provide only the names and addresses of the individuals providing the written comment, and the provision of such names and addresses to all members of the Randolph County Planning Board or the Randolph County Zoning Board of DR A F T Page 171 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 105 Adjustment shall not disqualify any member of the Randolph County Planning Board or the Randolph County Zoning Board of Adjustment from voting. 411: PLANNING BOARD REVIEW AND COMMENT A. ZONING AMENDMENTS All proposed amendments to the zoning regulation or zoning map shall be submitted to the Randolph County Planning Board for review and comment. Applications for proposed amendments to the zoning map shall only be submitted by the property owner or by the property owner’s designated agent with written proof from the property owner that the agent has the permission of the property owner to make the application. Randolph County may proceed with a zoning map amendment without permission from the property owner. Any conditions shall be agreed to by the applicant or property owner in writing before the vote of the Randolph County Planning Board for the conditions to be enforceable. Randolph County may not use the defense of estoppel to enforce conditions to which the application did not consent to in writing. If no written report is received from the Randolph County Planning Board within thirty days of referral of the amendment to the Randolph County Planning Board, the Randolph County Board of Commissioners may act on the amendment without the Randolph County Planning Board report. The Randolph County Board of Commissioners is not bound by the recommendations, if any, of the Randolph County Planning Board. Under Session Law 2017-19, the Randolph County Board of Commissioners, by ordinance adopted on July 10, 2017, delegates to the Randolph County Planning Board the authority to conduct the public hearing required under this Article and make the final decision on the zoning map amendment proposals, including the adoption of a consistency statement according to NCGS § 160D. The Randolph County Planning Board shall make its final decision by a majority vote of the members of the Randolph County Planning Board. Any person aggrieved by a final decision of the Randolph County Planning Board under this subsection may appeal to the Randolph County Board of Commissioners by providing written notice to the Randolph County Manager within fifteen days of the final decision. On appeal, the Randolph County Board of Commissioners shall review the decision of the Randolph County Planning Board de novo. The Randolph County Board of Commissioners may, by ordinance, rescind or modify any authority delegated to the Randolph County Planning Board under this subsection. DR A F T Page 172 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 106 To allow time for appeals of rezonings approved by the Randolph County Planning Board, and to prevent expenditures on the part of the original applicant for the rezoning, no approvals for rezonings shall be prepared and delivered to the applicant for the rezoning or the zoning updated in GIS until sixteen days after the Randolph County Planning Board approval. B. REVIEW OF OTHER ORDINANCES AND ACTIONS Any development regulation other than a zoning regulation that is proposed to be adopted according to NCGS § 160D may be referred to the Randolph County Planning Board for review and comment. Any development regulation other than a zoning regulation may provide that future proposed amendments of that ordinance be submitted to the Randolph County Planning Board for review and comment. Any other action proposed to be taken according to NCGS § 160D may be referred to the Randolph County Planning Board for review and comment. C. PLAN CONSISTENCY When conducting a review of proposed zoning text or map amendments under this section, the Randolph County Planning Board shall find and comment on whether the proposed action is consistent with the Growth Management Plan that has been adopted and any other officially adopted applicable plan. If a zoning map amendment qualified as a large-scale rezoning under NCGS § 160D-602 (b), the Randolph County Planning Board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the decision made. 412: FINAL ACTION STATEMENT A. PLAN CONSISTENCY When adopting or rejecting any zoning text or map amendment, the Randolph County Planning Board shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive or land-use plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the Randolph County Planning Board that at the time of action on the amendment the Randolph County Planning Board was aware of and considered the Technical Review Committee’s recommendations and any relevant portions of an adopted comprehensive or land-use plan. If the amendment is adopted and the action is deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request for application for a plan amendment shall be required. A plan adjustment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map DR A F T Page 173 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 107 amendment qualified as a large-scale rezoning under NCGS § 160D-602 (d), the Randolph County Planning Board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken. B. STATEMENT OF REASONABLENESS When adopting or rejecting any petition for a zoning text or map amendment, a brief statement explaining the reasonableness of the proposed zoning shall be approved by the Randolph County Planning Board. The statement of reasonableness may consider, among other factors: (i) the size, physical conditions, and other attributes of any area proposed to be rezoned; (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community; (iii) the relationship between the current actual and permissible development and the development permissible under the proposed amendment; (iv) why the action is in the public interest; and (v) any changes or conditions warranting the amendment. If a zoning map amendment qualifies as a large-scale rezoning under NCGS § 160D-602 (b), the Randolph County Planning Board statement on reasonableness may address the overall rezoning. C. APPEALS Any appeals of the decision to adopt or reject any zoning text or map amendment made by the Randolph County Planning Board shall be made to the Randolph County Board of Commissioners as outlined in Article 400, Section 411 (A) above. The requirements for a Statement of Reasonableness and Plan Consistency Statement shall be the same for an appeal as it exists for the original action by the Randolph County Planning Board. This includes amending the adopted comprehensive or land-use plan as outlined in this section. D. SINGLE STATEMENT PERMISSIBLE The Statement of Reasonableness and the Plan Consistency Statement required by this section may be approved as a single statement. E. REHEARING OF DENIED REQUEST No such proposed change in the Zoning Ordinance or map if denied by action of the Randolph County Board of Commissioners or the Randolph County Planning Board may be resubmitted within one year from the date of such denial, unless the Board that denied such request unanimously finds that changing conditions in the area or new information concerning the property requested for rezoning warrant a resubmission for change in the Zoning Ordinance or map. DR A F T Page 174 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 108 413: MORATORIA A. AUTHORITY Randolph County may adopt temporary moratoria on any development approval required by law, except for developing and adopting new or amended plans or development regulations governing residential uses. The duration of any moratorium shall be reasonable considering the specific conditions that warrant the imposition of the moratorium and may not exceed the period necessary to correct, modify, or resolve such conditions. B. HEARING REQUIRED Except in cases of an imminent and substantial threat to public health or safety, before adopting a development regulation imposing a development moratorium with a duration of sixty days or any shorter period, the Randolph County Board of Commissioners shall hold a legislative hearing and shall publish a notice of the hearing in a newspaper having general circulation in the area not less than seven days before the date set for the hearing. A development moratorium with a duration of sixty-one days or longer, and any extension of a moratorium so that the total duration is sixty-one days or longer, is subject to the notice and hearing requirements of NCGS § 160D- 601. C. EXEMPT PROJECTS Absent an imminent threat to public health or safety, a development moratorium adopted under this section does not apply to any project for which a valid building permit issued according to NCGS § 160D-1108 is outstanding, to any project for which a Special Use Permit application has been accepted as complete, to development outlined in a site-specific vesting plan approved according to NCGS § 160D-108.1, to development for which substantial expenditures have already been made in good faith reliance on a prior valid development approval or to preliminary or final subdivision plats that have been accepted for review by Randolph County Planning and Zoning staff before the call for a hearing to adopt the moratorium. A preliminary subdivision plat accepted for review by Randolph County Planning and Zoning before the call for a hearing, if subsequently approved, shall be allowed to proceed to final plat approval without being subject to the moratorium. Notwithstanding the foregoing, if a complete application for development approval has been submitted before the effective date of a moratorium, Section 414 applies when permit processing resumes. D. REQUIRED STATEMENTS Any land development regulation establishing a development moratorium must include, at the time of adoption, each of the following: DR A F T Page 175 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 109 (1) A clear statement of the problems or conditions necessitating the moratorium and what courses of action, an alternative to a moratorium, were considered by Randolph County and why those alternative courses of action were not deemed adequate; (2) A statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to the imposition of the moratorium; (3) A date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to the imposition of the moratorium; and (4) A statement of the actions, and the schedule for those actions, proposed to be taken by Randolph County during the duration of the moratorium to address the problems or conditions leading to the imposition of the moratorium. E. LIMIT ON RENEWAL OR EXTENSION No moratorium may be subsequently renewed or extended for any additional period unless Randolph County shall have taken all reasonable and feasible steps proposed in its ordinance establishing the moratorium to address the problems or conditions leading to the imposition of the moratorium and unless new facts and conditions warrant an extension. Any ordinance renewing or extending a development moratorium must include, at the time of adoption, the findings outlined in subdivisions one through four of this subsection, including what new facts or conditions warrant the extension. F. EXPEDITED JUDICIAL REVIEW Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply to the General Court of Justice for an order enjoining the enforcement of the moratorium. Actions brought under this section shall be scheduled for an expedited hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In such actions, Randolph County shall have the burden of showing compliance with the procedural requirements of this subsection. 414: VESTED RIGHTS AND PERMIT CHOICE A. FINDINGS DR A F T Page 176 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 110 The General Assembly recognizes that Randolph County's approval of development typically follows significant investment in site evaluation, planning, development costs, consultant fees, and related expenses. The General Assembly finds that it is necessary and desirable to provide for the establishment of certain vested rights to ensure reasonable certainty, stability, and fairness in the development regulation process, secure the reasonable expectations of landowners, and foster cooperation between the public and private sectors in land-use planning and development regulation. These provisions of this section and NCGS § 160D-108.1 strike an appropriate balance between private expectations and the public interest. B. PERMIT CHOICE If a land development regulation is amended, including an amendment to any applicable land development regulation, between the time a development permit application was submitted and a development permit decision is made, the development permit applicant may choose which adopted version of the rule or Ordinance will apply to the permit and use of the building, structure, or land indicated on the permit application. If the development permit applicant chooses the version of the rule or Ordinance applicable at the time of the permit application, the development permit applicant shall not be required to await the outcome of the amendment to the rule, map, or Ordinance before acting on the development permit. If an applicable rule or Ordinance is amended after the development permit is wrongfully denied or after an illegal condition is imposed, as determined in a proceeding challenging the permit denial or the condition imposed, the development permit applicant may choose which adopted version of the rule or Ordinance will apply to the permit and use of the building, structure, or land indicated on the permit application. Provided, however, any provision of the development permit applicant’s chosen version of the rule or Ordinance that is determined to be illegal for any reason shall not be enforced upon the applicant without the written consent of the applicant. This section applies to all development permits issued by the State and local governments. If a permit application is placed on hold at the request of the applicant for six consecutive months or more, or the applicant fails to respond to comments or provide additional information reasonably requested by Randolph County or State government for six consecutive months or more, the application review shall be discontinued and the development regulations in effect at the time permit processing is resumed shall be applied apply to the application. DR A F T Page 177 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 111 Any person aggrieved by the failure of a State agency or Randolph County to comply with this section or NCGS § 160A-360.1 or NCGS § 153A-320.1. NCGS § 160D-108 (b) may apply to the appropriate division of the General Court of Justice for an order compelling compliance by the offending agency or Randolph County, and the court shall have jurisdiction to issue that order. Actions brought under any of these sections shall be set down for immediate hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. C. VESTED RIGHT Amendments in land development regulations are not applicable or enforceable without the written consent of the owner about any of the following: Buildings of uses of buildings or land for which a development permit application has been submitted and subsequently issued under NCGS § 143-755. Subdivisions of land for which a development permit application authorizing the subdivision has been submitted and subsequently issued under NCGS § 143-755. A site-specific vesting plan according to NCGS § 160D-108.1. A multi-phased development under subsection (F) of this section. A vested right established by the terms of a development agreement authorized by Article 10 of this section. The establishment of a vested right under any subdivision of this subsection does not preclude vesting under one or more other subdivisions of this subsection or vesting by application of common law principles. A vested right, once established as provided for in this section or by common law, precludes any action by Randolph County that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property allowed by this Ordinance, except where a change in State or federal law mandating Randolph County enforcement occurs after the development application is submitted that has a fundamental and retroactive effect on the development or use. D. DURATION OF VESTING Upon issuance of a development permit, the statutory vesting granted by subsection (C) of this section for a development project is effective upon the filing of the application under NCGS § 143-755, for so long as the permit remains valid under the law. Unless otherwise specified by this section or other statutes, local development permits expire one year after issuance unless work DR A F T Page 178 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 112 authorized by the permit has substantially commenced. A local land development regulation may provide for a longer permit expiration period. For this section, a permit is issued either in the ordinary course of business of Randolph County or by Randolph County as a court directive. Except where a longer vesting period is provided by statute or land development regulation, the statutory vesting granted by this section, once established, expires for an uncompleted development project if development work is intentionally and voluntarily discontinued for not less than twenty-four consecutive months, and the statutory vesting period granted by this section for a nonconforming use of property expires if the use is intentionally and voluntarily discontinued for not less than twenty-four consecutive months. The twenty-four-month discontinuance period is automatically tolled during the pendency of any board of adjustment proceeding or civil action in a State or federal trial or appellate court regarding the validity of a development permit, the use of the property, or the existence of the statutory vesting period granted by this section. The twenty-four-month discontinuance period is also tolled during the pendency of any litigation involving the development project or property that is the subject of the vesting. E. MULTIPLE PERMITS FOR DEVELOPMENT PROJECT Subject to subsection (D) of this section, where multiple local development permits are required to complete a development project, the development permit applicant may choose the version of each of the local land development regulations applicable to the project, and update the submittal of the application for the initial development permit. This provision is applicable only for those subsequent development permit applications filed within eighteen months of the date following the approval of an initial permit. This subsection does not limit or affect the duration of any vested right established under subsection (D) of this section. For purposes of the vesting protections of this subsection, an erosion and sedimentation control permit or a sign permit is not an initial development permit. F. MULTI-PHASED DEVELOPMENT A multi-phased development is vested for the entire development, with the land development regulations then in place at the time a site plan approval is granted for the initial phase of the multi-phased development. A right that has been vested as provided for in this subsection remains vested for seven years from the time a site plan approval is granted for the initial phase of the multi-phased development. G. CONTINUING REVIEW Following the issuance of a development permit, Randolph County may make subsequent inspections and reviews to ensure compliance with the DR A F T Page 179 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 113 applicable land development regulations in effect at the time of the original application. H. PROCESS TO CLAIM VESTED RIGHTS A person claiming a statutory or common law vested right may submit information to substantiate that claim to the Randolph County Planning Director or other officer designated by a land development regulation, who shall make an initial determination as to the existence of the vested right. The decision of the Randolph County Planning Director or officer may be appealed under NCGS § 160D-405. On appeal, the existence of a vested right shall be reviewed de novo. Instead of seeking such a determination or pursuing an appeal under NCGS § 160D-405, a person claiming a vested right may bring an original civil action as provided by NCGS § 160D-1403.1. I. MISCELLANEOUS PROVISIONS The vested rights granted by this section run with the land except for the use of land for outdoor advertising governed by NCGS § 136-131.1 and NCGS § 136-131.2, in which case the rights granted by this section run with the owner of a permit issued by the North Carolina Department of Transportation. Nothing in this section precludes judicial determination, based on common law principles or other statutory provisions, that a vested right exists in a case or that a compensable taking has occurred. Except as expressly provided in this section, nothing in this section shall be construed to alter the existing common law. 415: VESTED RIGHTS FOR SITE-SPECIFIC VESTING PLANS A. SITE-SPECIFIC VESTING PLAN A site-specific vesting plan consists of a plan submitted to Randolph County in which the applicant requests vesting under this section, describing with reasonable certainty on the plan the type and intensity of use for a specific parcel or parcels of property. The plan may be in the form of, but not be limited to, any of the following plans or approvals: a planned unit development plan, a subdivision plat, a preliminary or general development plan, a special use permit, a conditional district zoning plan, or any other land-use approval designation as may be utilized by Randolph County. Unless otherwise expressly provided by Randolph County, the plan shall include the approximate boundaries of the site; significant topographical and other natural features affecting the development of the site; the approximate location on the site of the proposed buildings, structures, and other improvements; the approximate dimensions, including height, of the proposed buildings and other structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways. What constitutes a site-specific vesting plan under this section that would trigger a vested right shall be finally DR A F T Page 180 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 114 determined by Randolph County under a development regulation, and the document that triggers the vesting shall be so identified at the time of its approval. A variance does not constitute a site-specific vesting plan, and approval of a site-specific vesting plan with the condition that a variance is obtained does not confer a vested right unless and until the necessary variance is obtained. If a sketch plan or other document fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property, it may not constitute a site-specific vesting plan. B. ESTABLISHMENT OF VESTED RIGHT A vested right is established for any property upon the valid approval, or conditional approval, of a site-specific vesting plan as provided in this section. Such a vested right confers upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site-specific vesting plan, including any amendments thereto. C. APPROVAL AND AMENDMENT OF PLANS If a site-specific vesting plan is based on an approval required by this Ordinance, Randolph County shall provide whatever notice and hearing are required for that underlying approval. The duration of the underlying approval that is less than two years does not affect the duration of the site- specific vesting plan established under this section. If the site-specific vesting plan is not based on such approval, a legislative hearing with notice as required by NCGS § 160D-602 shall be held. Randolph County may approve a site-specific vesting plan upon any terms and conditions that may reasonably be necessary to protect public health, safety, and welfare. Conditional approval results in a vested right, although failure to abide by the terms and conditions of the approval will result in a forfeiture of vested rights. Randolph County shall not require a landowner to waive the landowner's vested rights as a condition of developmental approval. A site-specific vesting plan is deemed approved upon the effective date of the Randolph County Planning Board or Randolph County Board of Commissioners decision approving the plan or another date determined by the approving Board upon approval. An approved site-specific vesting plan and its conditions may be amended with the approval of the owner and Randolph County as follows: any substantial modification must be reviewed and approved in the same manner as the original approval; minor modifications may be approved by the Randolph County Planning Director if such is defined and authorized by local regulation. D. CONTINUING REVIEW Following approval or conditional approval of a site-specific vesting plan, Randolph County may make subsequent reviews and require subsequent approvals by Randolph County to ensure compliance with the terms and DR A F T Page 181 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 115 conditions of the original approval, provided that these reviews and approvals are not inconsistent with the original approval. Randolph County may, according to NCGS § 160D-403 (f), revoke the original approval for failure to comply with applicable terms and conditions of the original approval or the applicable local development regulations. E. DURATION AND TERMINATION OF VESTED RIGHT (1) A vested right for a site-specific vesting plan remains vested for two years. This vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly provided by Randolph County. (2) Notwithstanding the provisions of subdivision (1) of this subsection, Randolph County may provide for rights to be vested for a period exceeding two years but not exceeding five years where warranted considering all relevant circumstances, including, but not limited to, the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations. These determinations are at the sound discretion of Randolph County and shall be made following the process specified for the form of a site-specific vesting plan involved under subsection (A) of this section. (3) Upon issuance of a building permit, the provisions of NCGS § 160D-1111 and NCGS § 160D-1115 apply, except that a permit does not expire and shall not be revoked because of the running of time while a vested right under this section is outstanding. (4) A right vested as provided in this section terminates at the end of the applicable vesting period for buildings and uses for which no valid building permit applications have been filed. F. SUBSEQUENT CHANGES PROHIBITED AND EXCEPTIONS (1) A vested right, once established as provided for in this section, precludes any zoning action by a local government that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as outlined in an approved site-specific vesting plan, except under one or more of the following conditions: (a) With the written consent of the affected landowner; DR A F T Page 182 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 116 (b) Upon findings, by ordinance after notice and an evidentiary hearing, that natural or man-made hazards on or near the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site-specific vesting plan; (c) To the extent that the affected landowner receives compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consulting fees incurred after approval by Randolph County, together with interest as provided under NCGS § 160D-106. Compensation shall not include any diminution in the value of the property that is caused by the action. (d) Upon findings, by ordinance after notice and an evidentiary hearing, that the landowner or the landowner's representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval by Randolph County of the site-specific vesting plan or the phased development plan. (e) Upon the enactment or promulgation of a State or federal law or regulation that precludes development as contemplated in the site- specific vesting plan or the phased development plan, in which case Randolph County may modify the affected provisions, upon a finding that the change in State or federal law has a fundamental effect on the plan, by ordinance after notice and an evidentiary hearing. (2) The establishment of a vested right under this section does not preclude the application of overlay zoning or other development regulations that impose additional requirements but do not affect the allowable type or intensity of use, or ordinances or regulations that are general and apply to all property subject to development regulation by a local government, including, but not limited to, building, fire, DR A F T Page 183 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 117 plumbing, electrical, and mechanical codes. Otherwise, applicable new regulations become effective for the property that is subject to a site-specific vesting plan upon the expiration or termination of the vesting rights period provided for in this section. (3) Notwithstanding any provision of this section, the establishment of a vested right does not preclude, change, or impair the authority of a local government to adopt and enforce development regulations governing nonconforming situations or uses. G. MISCELLANEOUS PROVISIONS A vested right obtained under this section is not a personal right but attaches to and runs with the applicable property. After approval of a site-specific vesting plan, all successors to the original landowner are entitled to exercise these rights. Nothing in this section precludes judicial determination, based on common law principles or other statutory provisions, that a vested right exists in a case or that a compensable taking has occurred. Except as expressly provided in this section, nothing in this section shall be construed to alter the existing common law. (3) In the event Randolph County fails to adopt a development regulation setting forth what constitutes a site-specific vesting plan triggering a vested right, a landowner may establish a vested right for property upon the approval of a zoning permit, or otherwise may seek appropriate relief from the Superior Court Division of the General Court of Justice. 416: DELIVERY OF PERMITS ISSUED BY COUNTY AGENCY Each County Agency shall establish a policy to send any permits issued by the agency to permittees using one or more of the following methods instead of requiring the permittee to pick up the permit at an agency office or other physical location: Via United States mail or a designated delivery service authorized according to 26 USC § 7502(f)(2). An agency may charge the permittee for the costs of delivery; or By electronic mail, as appropriate, if the permittee consents to such. DR A F T Page 184 of 517 ARTICLE 400: ADMINISTRATION, ENFORCEMENT, AND APPEALS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 118 A permittee may opt to receive a permit issued by a County agency in person if the agency offers in-person pickup at the agency office or other physical location. Nothing in this section is intended to change the method by which an applicant is required to apply for a permit or to prohibit an agency from adopting policies to exercise due diligence in verifying a permittee’s identity. This section does not apply to any permit issued according to Article 54B of Chapter 14 of the General Statutes. The page is intentionally blank.DR A F T Page 185 of 517 ARTICLE 500: PLANNING RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 119 ARTICLE 500: PLANNING 501: PLANS A. REQUIREMENTS FOR ZONING As a condition of adopting and applying zoning regulations under NCGS § 160D, Randolph County shall adopt and reasonably maintain a comprehensive plan or land-use plan. A comprehensive plan sets forth goals, policies, and programs intended to guide the present and future physical, social, and economic development of Randolph County. A land-use plan uses text and maps to designate the future use or reuse of land. A comprehensive or land-use plan is intended to guide coordinated, efficient, and orderly development within the Randolph County Planning and Development regulation jurisdiction based on an analysis of present and future needs. The planning analysis may address inventories of existing conditions and assess future trends regarding demographics and economic, environmental, and cultural factors. The planning process shall include opportunities for citizen engagement in plan preparation and adoption. Randolph County may prepare and adopt other plans as deemed appropriate. This may include, but is not limited to, small area plans, neighborhood plans, hazard mitigation plans, transportation plans, housing plans, and recreation and open space plans. B. COMPREHENSIVE PLAN CONTENTS A comprehensive plan may, among other topics, address any of the following as determined by Randolph County: Issues and opportunities facing Randolph County, including consideration of trends, the values expressed by citizens, community vision, and guiding principles for growth and development; The pattern of desired growth, development, and civic design, including the location, distribution, and characteristics of future land uses, urban form, utilities, and transportation networks; Employment opportunities, economic development, and community development; DR A F T Page 186 of 517 ARTICLE 500: PLANNING RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 120 Acceptable levels of public services and infrastructure to support development, including water, waste disposal, utilities, emergency services, transportation, education, recreation, community facilities, and other public services, including plans and policies for the provision of and financing for public infrastructure; Housing with a range of types and affordability to accommodate persons and households of all types and income levels; Recreation and open spaces; Mitigation of natural hazards such as flooding, winds, wildfires, unstable lands, and other issues identified by the federally mandated Hazard Mitigation Plan; Protection of the environment and natural resources, including agricultural resources, mineral resources, and water and air quality; Protection of architectural, scenic, cultural, historical, or archaeological resources; and Analysis and evaluation of implementation measures, including regulations, public investments, and educational programs. C. ADOPTION AND EFFECT OF PLANS Plans shall be adopted by the Randolph County Board of County Commissioners with the advice and consultation of the Randolph County Planning Board. Adoption and amendment of a comprehensive or land-use plan is a legislative decision and shall follow the process mandated for zoning text amendments set by NCGS § 160D-601. Plans adopted under this Ordinance may be undertaken and adopted as part of or in conjunction with plans required under other statutes, including but not limited to the plans required by NCGS § 113A-110. Plans adopted under this Ordinance shall be advisory without independent regulatory effect. Plans adopted under this Ordinance do not expand, diminish, or alter the scope of authority for development regulations adopted under this Ordinance. Plans adopted under this section shall be considered by the Randolph County Planning Board and the Randolph County Board of County Commissioners when considering proposed amendments to zoning regulations as required by NCGS § 160D-604 and NCGS § 160D-605. DR A F T Page 187 of 517 ARTICLE 500: PLANNING RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 121 If a plan is deemed amended by NCGS § 160D-605 under the adoption of a zoning amendment that is inconsistent with the plan, that amendment shall be noted in the plan. However, if the plan requires review and approval subject to NCGS § 113A-110, the plan amendment shall not be effective until that review and approval are completed. 502: GRANTS, CONTRACTS, AND TECHNICAL ASSISTANCE A. GRANTS AND SERVICES Randolph County may accept, receive, and disburse in furtherance of its functions any funds, grants, and services made available by the federal government and its agencies, the State government and its agencies, the local government and its agencies, and any private and civic sources. Randolph County may enter and carry out contracts with the State and federal government or any agencies thereof under which financial or other planning assistance is made available to Randolph County and may agree to and comply with any reasonable conditions that are imposed upon such assistance. B. CONTRACTS Randolph County may enter and carry out contracts with any other city, county, regional council, planning agency, or private consultant under which it agrees to furnish technical planning assistance to the other local governments or planning agencies. Randolph County may enter and carry out contracts with any other city, county, regional council, or planning agency under which it agrees to pay the other local government for technical planning assistance. C. APPROPRIATIONS, COMPENSATION, AND FINANCING Randolph County is authorized to make appropriations that may be necessary to carry out activities or contracts authorized by this Article or to support and compensate members of a Board that it may create under this Chapter and to levy taxes for these purposes as a necessary expense. 503: COORDINATION OF PLANNING Randolph County may undertake any of the planning activities authorized by this Article in coordination with other local governments, State agencies, or regional agencies created under Article 19 of Chapter 153A or Article 20 of Chapter 160A. DR A F T Page 188 of 517 ARTICLE 500: PLANNING RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 122 The page is intentionally blank. DR A F T Page 189 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 123 ARTICLE 600: ZONING ORDINANCE 601: PURPOSES Zoning regulations for the Randolph County planning and development regulation jurisdiction shall be made following a comprehensive plan and shall be designed to promote public health, safety, and general welfare. The regulations may address, among other things, the following public purposes: (i) to provide adequate light and air; (ii) to prevent the overcrowding of land; (iii) to avoid undue concentration of population; (iv) to lessen congestion in the streets; (v) to secure safety from fire, panic, and dangers; (vi) to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and (vii) to promote the health, safety, morals or the general welfare of the community. The regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for specific uses and to conserve the value of buildings and encourage the most appropriate use of land throughout Randolph County’s planning and development regulation jurisdiction. The regulations may not include, as a basis for denying a zoning or rezoning request from a school, the level of service of a road facility or facilities abutting the school or proximately located to the school. 602: GRANT OF POWER A. ZONING REGULATIONS Randolph County hereby adopts zoning regulations as described in this Ordinance. Except as provided in subsections (B) and (C) of this section, a zoning regulation may regulate and restrict the height, the number of stories, and size of buildings and other structures; the percentage of lots that may be occupied; the size of yards, courts, and other open spaces; the density of population; the location and use of buildings, structures, and land. Randolph County may regulate development, including floating homes, over estuarine waters and over lands covered by navigable waters owned by the State, according to NCGS § 146-12. The regulations shall provide density credits or severable development rights for dedicated rights-of-way according to NCGS § 136-66.10 or NCGS § 136-66.11. Where appropriate, the zoning regulations may include requirements that street and utility rights-of-way be dedicated to the public, that provision is made for recreational space and facilities, and that performance guarantees be provided, all to the same extent and with the same limitations as provided for in NCGS § 160D-804 and NCGS § 160D-804.1. B. BUILDING DESIGN ELEMENTS DR A F T Page 190 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 124 Any regulation relating to building design elements adopted under NCGS § 160D may not be applied to any structures subject to regulation under the North Carolina Residential Code except under one or more of the following circumstances: (1) The structures are in an area designated as a local historic district according to Part Four of Article Nine of NCGS § 160D; (2) The structures are in an area designated as a historic district on the National Register of Historic Places; (3) The structures are individually designated as local, State, or national historic landmarks; (4) The regulations are directly and substantially related to the requirements of applicable safety codes adopted under NCGS § 143-138; (5) Where the regulations are applied to manufactured housing in a manner consistent with NCGS § 160D-907 and federal law; or (6) Where the regulations are adopted as a condition of participation in the National Flood Insurance Program. Regulations prohibited by this subsection may not be applied, directly or indirectly, in any zoning district or conditional zoning district unless voluntarily consented to by the owners of all the property to which those regulations may be applied as part of and in the course of the process of seeking and obtaining a zoning amendment or zoning, subdivision, or development approval, nor may any such regulations be applied indirectly as part of a review according to NCGS § 160D-604 or NCGS § 160D-605 of any proposed zoning amendment for consistency with an adopted comprehensive or land-use plan or other applicable officially adopted plans. For this subsection, the phrase building design elements is defined in Article 100, Section 102. Nothing in this Ordinance affects the validity or enforceability of private covenants or other contractual agreements among property owners relating to building design elements. C. MINIMUM SQUARE FOOTAGE The zoning regulations shall not set the minimum square footage of any structures subject to regulation under the North Carolina Residential Code. DR A F T Page 191 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 125 603: ZONING DISTRICTS A. TYPES OF ZONING DISTRICTS Randolph County has divided its territorial jurisdiction into zoning districts of any number, shape, and area deemed best suited to carry out the purposes of this Article. Within those districts, this Ordinance applies regulations and restrictions to the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. Zoning districts may include, but are not limited to: (1) Conventional districts in which a variety of uses are allowed as permitted uses or uses by right, and that may also include uses permitted only with a Special Use Permit; (2) Conditional districts in which site plans or individualized development conditions are imposed; or (3) Overlay districts in which additional requirements are imposed on certain properties within one or more underlying conventional, conditional, or form-based districts. B. CONDITIONAL DISTRICTS Randolph County recognizes that certain types of zoning districts would be inappropriate at certain locations in the absence of clearly defined conditions such as those allowed by these land-use regulations. Such districts may include, but are not limited to, general-use districts in which additional requirements are imposed within an underlying general-use district along with site-specific site plans. Property may be placed in a Conditional District only in response to a petition by all owners to be included. Specific conditions may be proposed by the petitioner or Randolph County, but only those conditions approved by Randolph County and consented to by the petitioner in writing may be incorporated into the zoning regulations. Unless consented to by the petitioner in writing, in the exercise of the authority granted by this section, Randolph County may not require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of NCGS § 160D-702 (b), driveway- related improvements above those allowed in NCGS § 136-18 (29) and NCGS § 160A-307, or other unauthorized limitations on the development or use of land. Conditions and site-specific standards imposed in a Conditional District shall be limited to those that address the conformance of the development and use of the site, considering the requirements of this Ordinance, plans adopted according to NCGS § 160D-501, or the impacts reasonably expected to be generated by the development or use of the site. DR A F T Page 192 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 126 This Ordinance provides that defined minor modifications in Conditional District standards that do not involve a change in uses permitted or the density of overall development permitted may be reviewed and approved administratively. Any other modification of the conditions and standards in a Conditional District shall follow the same process for approval as applied to zoning map amendments. If multiple parcels of land are subject to conditional zoning, the owners of individual parcels may apply for a modification of the conditions so long as the modification would not result in other properties failing to meet the terms of the conditions. Any modifications approved apply only to those properties whose owners petition for the modification. The authorization of a Conditional Zoning District for any use that is permitted only through a Special Use Permit in the general use district that corresponds to the Conditional Zoning District shall preclude the requirements for obtaining a Special Use Permit in addition to the Conditional Zoning District. For parcels where multifamily structures are an allowable use, Randolph County may not impose a harmony requirement for permit approval if the development contains affordable housing units for families or individuals with incomes below eighty percent of the area median income. C. UNIFORMITY WITHIN DISTRICTS Except as authorized by this Ordinance, all regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts. D. STANDARDS APPLICABLE REGARDLESS OF DISTRICT This Ordinance also includes development standards that apply uniformly jurisdiction-wide rather than being applicable only in particular zoning districts. 604: INCENTIVES For reducing the amount of energy consumption by new development, Randolph County, as part of this Ordinance, has procedures to grant a density bonus, make adjustments to otherwise applicable development requirements, or provide other incentives within its planning and development regulation jurisdiction, if the person receiving the incentives agrees to construct new development or reconstruct existing development in a manner that Randolph County determines, based on generally recognized standards established for such purposes, makes a significant contribution to the reduction of energy consumption and increased use of sustainable design principles. DR A F T Page 193 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 127 To encourage construction that uses sustainable design principles and to improve energy efficiency in buildings, Randolph County may charge reduced building permit fees or provide partial rebates of building permit fees for buildings that are constructed or renovated using design principles that conform to or exceed one or more of the following certifications or ratings: (1) Leadership in Energy and Environmental Design (LEED) certification or higher rating under certification standards adopted by the US Green Building Council; (2) A One Globe or higher rating under the Green Globes program standards adopted by the Green Building Initiative; or (3) A certification or rating by another nationally recognized certification or rating system that is equivalent to or greater than those listed in subdivisions (1) or (2) of this subsection. 605: QUASI-JUDICIAL ZONING DECISIONS A. PROVISIONS OF THE ORDINANCE This Ordinance provides that the Randolph County Planning Board or the Randolph County Zoning Board of Adjustment hear and decide quasi- judicial zoning decisions. The Randolph County Planning Board or the Randolph County Zoning Board of Adjustment shall follow quasi-judicial procedures as specified in Article 400, Section 407 when making any quasi- judicial decision. B. APPEALS Except as otherwise provided by NCGS § 160D, the Randolph County Zoning Board of Adjustment shall hear and decide appeals from administrative decisions regarding the administration and enforcement of this Ordinance and may hear appeals arising out of any other ordinance that regulates land use or development. The provisions of NCGS § 160D- 405 and NCGS § 160D-406 apply to these appeals. C. SPECIAL USE PERMITS This Ordinance provides that the Randolph County Planning Board shall hear and decide Special Use Permits following principles, conditions, safeguards, and procedures specified in this Ordinance. Reasonable and appropriate conditions and safeguards may be imposed upon these permits. Where appropriate, such conditions may include requirements that street and utility rights-of-way are dedicated to the public and that provision be made for recreation space and facilities. Conditions and safeguards imposed under this subsection shall not include requirements for which Randolph County does not have authority under the statute to regulate nor DR A F T Page 194 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 128 requirements for which the courts have held to be unenforceable if imposed directly by Randolph County, including, without limitation, taxes, impact fees, building design elements within the scope of NCGS § 160D-702 (b), driveway-related improvements over those allowed in NCGS § 136-18 (29) and NCGS § 160A-307, or other unauthorized limitations on the development or use of land. This Ordinance provides that minor modifications to Special Use Permits that do not involve a change in uses permitted or the density of overall development permitted may be reviewed and approved administratively. Any other modification or revocation of a Special Use Permit shall follow the same process for approval as applies to the approval of a Special Use Permit. If multiple parcels of land are subject to a Special Use Permit, the owners of individual parcels may apply for permit modification so long as the modification would not result in other properties failing to meet the terms of the Special Use Permit or regulations. Any modification applies only to those properties whose owners apply for the modification. D. VARIANCES When unnecessary hardships would result from carrying out the strict letter of a zoning regulation, the Randolph County Zoning Board of Adjustment shall vary any of the provisions of the zoning regulation upon a showing of evidence by the applicant of all the following requirements: (1) Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of the Variance, no reasonable use can be made of the property; (2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the public, may not be a basis for granting a Variance. A Variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability; (3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing the property with knowledge that circumstances exist that may justify the granting of a Variance is not self-created hardship; and (4) The requested Variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved. DR A F T Page 195 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 129 No change in permitted uses may be authorized by a Variance. Appropriate conditions may be imposed on any Variance if the conditions are reasonably related to the Variance. Any other development regulation that regulates land use or development may provide for a Variance from the provisions of those ordinances consistent with the provisions of this subsection. 606: ZONING CONFLICTS WITH OTHER DEVELOPMENT STANDARDS Unless otherwise prohibited by NCGS § 160A-174 (b), when regulations made under the authority of this Ordinance require a greater width or size of yards or courts or require a lower height of a building or fewer number of stories or require a greater percentage of a lot to be left unoccupied or impose other higher standards than are required in any other statute or local ordinance or regulation, the regulations made under the authority of this Article shall govern. Unless otherwise prohibited by NCGS § 160A-174 (b), when the provisions of any other statute or local ordinance or regulation require a greater width or size of yards or courts or require a lower height of a building or a fewer number of stories or require a greater percentage of a lot to be left unoccupied or impose other higher standards than are required by the regulations made under the authority of this Article, the provisions of this Ordinance govern. Randolph County may not use a definition of building, dwelling, dwelling unit, bedroom, or sleeping unit that is inconsistent with any definition of these terms in another statute or a rule adopted by a State agency, including the North Carolina State Building Code Council or Residential Code Council. The definitions for these terms can be found in Article 100, Section 102. When property under consideration for development has been identified and the property has more than one Growth Management Area as defined in the Randolph County Growth Management Plan, County Planning Staff shall determine the percentage of the proposed development in each Growth Management Area, and the development shall follow the requirements of the predominate Growth Management Area. For example, if a project for development is seventy percent in a Primary Growth Area and thirty percent in a Rural Growth Area, the development shall follow the guidelines established in the Primary Growth Area. 607: BONA FIDE FARMS This Ordinance does not impose nor exercise any controls over croplands, timberlands, pasture lands, orchards, idle or other farmlands, nor over any farmhouse, barn, poultry house, or other farm buildings including tenant or other houses for persons working on said farms if such houses shall be in the same ownership as the farm and located on the farm. Residences for non-farm use or occupancy and other non-farm uses shall be subject to the provisions of this Ordinance. DR A F T Page 196 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 130 A. BONA FIDE FARMING EXEMPT FROM COUNTY ZONING County zoning regulations may not affect property used for bona fide farm purposes, provided, however, that this section does not limit zoning regulations concerning the use of farm property for nonfarm purposes. Except as provided in NCGS § 106-743.4 for farms that are subject to a conservation agreement under NCGS § 106-743.2, bona fide farm purposes include the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture, as defined in NCGS § 106-581.1. Activities incident to the farm include existing or new residences constructed to the applicable residential building code situated on the farm occupied by the owner, lessee, or operator of the farm, and other buildings or structures sheltering or supporting the farm use and operation. A building or structure that is used solely for the storage of cotton, peanuts or sweet potatoes, or any byproduct of these commodities, is a bona fide purpose, including a building or structure on a property that does not have the documentation listed in subdivisions (1) through (4) of this subsection. For purposes of this section, a facility that receives used turkey brooder litter from brooder farms and recycles the used litter utilizing a drying process to reduce the moisture content of the litter sufficient to send the recycled litter to a turkey grow-out farm for reuse is a bona fide farm purpose. For the purposes of this section, the boarding of horses along with the rearing, feeding, training, caring, boarding, and managing of horses are considered agricultural uses of property. For purposes of this section, when performed on the farm in NCGS § 106- 581.1 (6) includes the farm within the jurisdiction of Randolph County and any other farm owned or leased to or from others by the bona fide farm operator, no matter where located. For purposes of this section, the production of a nonfarm product that the Department of Agriculture and Consumer Services recognizes as a Goodness Grows in North Carolina product that is produced on a farm subject to a conservation agreement under NCGS § 106-743.2 is a bona fide farm purpose. For purposes of determining whether a property is being used for bona fide farm purposes, other evidence may also be considered: (1) A farm sales tax exemption certificate issued by the North Carolina Department of Revenue; (2) A copy of the Randolph County Tax Department’s property tax listing showing that the property is eligible for participation in DR A F T Page 197 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 131 the present-use value program according to NCGS § 105- 277.3; (3) A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return; or (4) A forest management plan. A building or structure that is used for agritourism is a bona fide farm purpose if the building or structure is located on a property that (i) is owned by a person who holds a qualifying farm sales tax exemption certificate from the North Carolina Department of Revenue according to NCGS § 105- 164.13 E (a) or (ii) is enrolled in the present-use value program according to NCGS § 105-277.3. Failure to maintain the requirements of this subsection for three years after the date the building or structure was originally classified as a bona fide farm purpose under this subsection subjects the buildings or structures to applicable zoning and development regulation ordinances adopted by Randolph County under subsection (A) of this section in effect on the date the property no longer meets the requirements of this subsection. For purposes of this section, agritourism is defined in Article 100, Section 102. Furthermore, a building or structure used for agritourism includes any building or structure used for public or private events, including, but not limited to, weddings, receptions, meetings, demonstrations of farm activities, meals, and other events that are taking place on the farm because of its farm or rural setting. B. COUNTY ZONING OF RESIDENTIAL USES ON LARGE LOTS IN AGRICULTURAL DISTRICTS Randolph County’s zoning regulation shall not prohibit single-family detached residential uses constructed following the North Carolina State Building Code on lots greater than ten acres in size and in zoning districts where more than fifty percent of the land is in use for agricultural or silvicultural purposes, except that this restriction does not apply to commercial or industrial districts where a broad variety of commercial or industrial uses are permissible. A zoning regulation shall not require that a lot greater than ten acres in size have frontage on a public road or Randolph County-approved private road or be served by public utilities to be developed for single-family residential purposes. C. AGRICULTURAL AREAS IN MUNICIPAL EXTRATERRITORIAL JURISDICTION Property that is in a municipal extraterritorial planning and development regulation jurisdiction and that is used for bona fide farm purposes is exempt from the municipal zoning regulation to the same extent as bona fide DR A F T Page 198 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 132 farming activities are exempt from Randolph County’s zoning under this section. As used in this subsection, property means a single tract of property or an identifiable portion of a single tract. Property that ceases to be used for bona fide farm purposes becomes subject to the exercise of the municipal extraterritorial planning and development regulation jurisdiction under NCGS 160D. For purposes of complying with State or federal law, property that is exempt from municipal zoning under this subsection shall be subject to the Randolph County Flood Damage Prevention Ordinance. D. BEEHIVES Restrictions on beehives shall be consistent with the limitations of NCGS § 160-645. 608: ZONING DISTRICTS According to the authority granted in NCGS § 160D-703, the Randolph County Board of Commissioners divides the County into zoning districts with the designations as listed below, including any corresponding Conditional Districts. Furthermore, any Conditional Use District heretofore adopted by the Randolph County Board of Commissioners is changed to a Conditional District according to NCGS § 160D-703 upon the effective date of this Ordinance. DISTRICT NAME CC Community Commercial District CEO Commercial Environmental Overlay District CLO Cluster Subdivision Overlay District CON Conservation Subdivision Overlay District CS Community Shopping District CVO Conventional Subdivision Overlay District E-1 First Environmental District GC General Commercial District HC Highway Commercial District HI Heavy Industrial District IO Industrial Overlay District LC Limited Commercial District LI Light Industrial District MAO Municipal Airport Overlay District O-I Office and Institutional District RA Residential Agricultural District RBO Rural Business Overlay District RE Residential Exclusive District RIO Rural Industrial Overlay District RLO Rural Lot Subdivision Overlay District RM Residential Mixed District DR A F T Page 199 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 133 DISTRICT NAME RR Residential Restricted District SCO Scenic Corridor Overlay District SEO Special Entertainment Overlay District Table 1: Randolph County Zoning Districts 609: DISTRICT BOUNDARIES SHOWN ON ZONING MAP According to NCGS § 160D-105, the boundaries of the zoning districts are shown on the zoning map and are incorporated into this Ordinance by reference. The maps are maintained and are available for public inspection in the Office of the Clerk to the Randolph County Planning Board as outlined in Article 100, Section 105. 610: INTERPRETATION OF DISTRICT BOUNDARIES When uncertainty exists to the boundaries of any of the zoning districts as shown on a zoning map, the following shall apply: A. Where such district boundaries are indicated as approximately following streets or highway lines, such lines shall be construed to be such boundaries; B. Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries; or C. Where district boundaries are so indicated that they are approximately parallel to the centerline of streets or highways, or the rights-of-way of the same, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. 611: APPLICATION OF REGULATIONS A. ZONING AFFECTS EVERY BUILDING AND USE No building or land shall be used and no building or part thereof erected, moved, or altered except in conformity with the land development regulations specified for the district where the building or land is located. B. REDUCTION OF LOT AND YARD AREAS PROHIBITED No yard or lot existing at the time of adoption of this Ordinance shall be reduced in size or area below the minimum requirement outlined in the land development regulations, except for street widening. Any yards or lots DR A F T Page 200 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 134 created after the adoption of these land development regulations shall meet the minimum requirements established by these regulations. C. RELATIONSHIP OF BUILDING TO LOT Any building erected, moved, or altered shall be located on a lot. In no case shall there be more than one principal building and its customary accessory buildings on any lot except in the case of a specially designed complex in an appropriate zoning district. D. REQUIRED OPEN SPACE NOT USED FOR OTHER BUILDINGS No part of any yard, other open space, or off-street parking or loading space required for any building, structure, or other use shall be a part of a required yard, open space, off-street parking, or loading space for any other buildings, structures, or use except as provided in this article. E. ROAD ACCESS No building shall be erected on a new lot created after the adoption of this amendment that does not have access, directly or by an easement, to a road, whether publicly or privately maintained. All private roads shall be constructed and maintained under the specifications outlined in Article 700, Section 717, Subsection E. No private road within Randolph County shall be longer than 1,320 feet. Also, no private road, created after the adoption of this Ordinance, and as defined by the Randolph County Subdivision Ordinance, Article 700, within the County shall serve more than six lots. All private roads shall connect to a public road. Private roads require a subdivision road disclosure statement under NCGS § 136-120.6, indicating the way they shall be privately maintained. This provision shall not apply to driveways or planned unit developments as specified by other provisions of this Ordinance. 612: BUFFER STANDARDS Buffers and screens are optional in some instances and required in other instances. Buffers and screens provide additional protection to exposed areas and properties vulnerable to erosion and stormwater runoff that could harm the adjoining land, streams, and other water resources of Randolph County. Buffers and screens also provide landscaping and screening that help preserve the scenic and rural character of Randolph County. Plantings contained in buffers should consist of a mix of plantings from various species that will create a natural landscape that is less susceptible to pests and diseases. There are three levels of buffer standards designed to provide flexibility and innovation while considering the unique features of land development projects. DR A F T Page 201 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 135 A. BUFFER LEVELS BUFFER LEVEL WIDTH TYPE OF PLANTING MATERIAL Level I 35 ft. Existing natural vegetation Level II 35 ft. A single row of fast-growing evergreen trees, evenly spaced 10 ft. apart. Level III 35 ft. Two staggered rows of fast-growing evergreen trees evenly spaced 10 ft. apart, with 10 ft. between each row and 1 row of mixed vegetation including evergreen trees and shrubs, canopy trees, and under- story trees. This row shall include at least 4 trees and 14 shrubs per every 100 linear ft. Table 2: Randolph County Buffer Levels B. SIZE OF PLANT MATERIAL (1) Evergreen trees shall be a minimum of four feet at the time of planting. (2) Canopy and under-story trees shall be a minimum of eight feet at the time of planting. (3) Evergreen shrubs shall be a minimum of three-gallon size at the time of planting. C. USES OR ACTIVITIES PERMITTED IN BUFFER AREAS The following uses are permitted within the buffer areas if no required plant material is eliminated, and all other requirements of the land development regulations are met: (1) Use of buffer to meet minimum setback requirements; and (2) Passive recreation. D. USES OR ACTIVITIES PROHIBITED IN THE BUFFER AREA (1) Cutting of healthy trees, re-grading, topsoil removal, altering, diverting, or modifying watercourses or bodies except in compliance with a land management plan or watershed management plan for the property conforming to the customary standards of forestry, erosion control, or engineering; (2) Active recreation, including, but not limited to, playfields, stables, swimming pools, and tennis courts; and (3) Buildings, storage, or parking facilities. DR A F T Page 202 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 136 E. MAINTENANCE OF BUFFER AREA (1) All buffer areas will be permanently restricted through recorded private deed restrictions and noted on the final recorded subdivision plat. (2) Natural features are to be maintained in their natural condition but may be modified to improve their appearance, function, or overall condition. Permitted modifications may include: (a) Reforestation; (b) Woodland management; (c) Landscaping; (d) Stream-bank protection; or (e) Wetlands management. 613: ZONING DISTRICTS ESTABLISHED A. INTENT OF ZONING DISTRICTS The following pages include detailed descriptions of the base zoning districts contained within this Ordinance. Overlay Zoning Districts are not included in the following charts since the districts lay over the base districts, and the specific guidelines are covered in more detail later in this section. Conditional Districts are not listed below, as there are notes on each page that address the Conditional Districts. After the adoption of GC: General Commercial District, LC: Limited Commercial District, and CC: Community Commercial District on February 3, 2025, the HC: Highway Commercial District shall not be used in Randolph County zoning jurisdiction for future rezonings. B. MINIMUM LOT SIZES For this Ordinance, all minimum lot sizes shall be computed by excluding any area in a designed right-of-way, and land subject to flooding or land that may aggravate the flood hazard. DR A F T Page 203 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 137 CC: COMMUNITY COMMERCIAL DISTRICT PURPOSE The purpose of the Community Commercial (CC) District is to provide a place for crossroads commercial services to residences with basic trade and personal services that occur regularly. The district regulations are designed to protect and encourage the character of the district by permitting uses that are compatible with the surrounding areas. Landscape buffer Level II will be required along adjacent residentially zoned property or adjacent residential uses. No building within this district shall exceed 10,000 square feet, including all floors. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from the right-of-way Corner side setback 35 ft. from the right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Table 3: CC: Community Commercial District DR A F T Page 204 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 138 CS: COMMUNITY SHOPPING DISTRICT PURPOSE The purpose of the Community Shopping (CS) District is to provide a place for crossroads shopping and community shopping establishments. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from the right-of-way Corner side setback 35 ft. from the right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Table 4: CS: Community Shopping District DR A F T Page 205 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 139 E-1: FIRST ENVIRONMENTAL DISTRICT PURPOSE The purpose of the First Environmental (E-1) District is to provide an area around the North Carolina Zoological Park for low-density mixed land uses, where environmental sensitivity, retention of natural features, and preservation of heritage assets combine to maintain the rural setting. The uses permitted in this District are intended to enhance and preserve the character of the Zoo site. Requests for higher-intensity residential use are considered through standards established in this Ordinance and found to be consistent, reasonable, and in the public interest with the Randolph County Growth Management Plan. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Table 5: E-1: First Environmental District DR A F T Page 206 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 140 GC: GENERAL COMMERCIAL DISTRICT PURPOSE The purpose of the General Commercial (GC) District is to provide a place for regional commercial uses and for which a full range of commercial and professional uses may be located that attract customers from a larger service area. The district regulations are designed to protect and encourage the transitional character of the district by permitting uses that are compatible with the surrounding area. Landscape buffer Level II will be required along with adjacent residentially zoned property or adjacent residential uses, and a landscape buffer Level III along all property lines for all manufacturing uses. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from the right-of-way Corner side setback 35 ft. from the right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 10. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 11. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 12. Front yard setback shall be maintained on all road rights-of-way. 13. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 14. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 15. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 16. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 17. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 18. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Table 6: GC: General Commercial District DR A F T Page 207 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 141 HC: HIGHWAY COMMERCIAL DISTRICT PURPOSE The purpose of the Highway Commercial (HC) District is to provide a place in which the principal use of land is for the retailing of durable goods, the provision of commercial services to industrial areas, and the provision of services to tourists. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Table 7: HC: Highway Commercial District DR A F T Page 208 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 142 HI: HEAVY INDUSTRIAL DISTRICT PURPOSE The purpose of the Heavy Industrial (HI) District is to provide a place to accommodate those industries whose normal operations include dust, noise, odor, or other emissions that may be deemed as objectionable. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Table 8: HI: Heavy Industrial District DR A F T Page 209 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 143 LC: LIMITED COMMERCIAL DISTRICT PURPOSE The purpose of the Limited Commercial (LC) District is to provide a place for low to medium-intensity crossroad businesses and community shopping establishments. The district regulations are designed to protect and encourage the transitional character of the district by permitting uses that are compatible with the surrounding area. Landscape buffer Level III will be required along adjacent residentially zoned property or adjacent residential uses. No building within this district shall exceed 40,000 square feet, including all floors. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from the right-of-way Corner side setback 35 ft. from the right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Table 9: LC: Limited Commercial District DR A F T Page 210 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 144 LI: LIGHT INDUSTRIAL DISTRICT PURPOSE The purpose of the Light Industrial (LI) District is to provide a place for light industrial, warehousing, distribution, and sales of large-item products. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Table 10: LI: Light Industrial District DR A F T Page 211 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 145 O-I: OFFICE AND INSTITUTIONAL DISTRICT PURPOSE The purpose of the Office and Institutional (O-I) District is to provide a place for office and institutional uses. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Table 11: O-I: Office and Institutional District DR A F T Page 212 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 146 RA: RESIDENTIAL AGRICULTURAL DISTRICT PURPOSE The purpose of the Residential Agricultural (RA) District is to provide a place for agricultural operations, forestry, and scattered non-farm residences on traditional rural lots while preserving rural open space and natural heritage assets. To maintain rural character, only minor conventional residential subdivisions are allowed in this District. Requests for higher-intensity residential use are considered through standards established in this Ordinance and found to be consistent, reasonable, and in the public interest with the Randolph County Growth Management Plan. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Table 12: RA: Residential Agricultural District DR A F T Page 213 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 147 RE: RESIDENTIAL EXCLUSIVE DISTRICT PURPOSE The purpose of the Residential Exclusive (RE) District is to allow only major single- family residential subdivisions intended to accommodate site-built residential dwellings and conventional modular homes as defined by this Ordinance. Requests for higher- intensity residential use are considered through standards established in this Ordinance and found to be consistent, reasonable, and in the public interest with the Randolph County Growth Management Plan. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Table 13: RE: Residential Exclusive District DR A F T Page 214 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 148 RM: RESIDENTIAL MIXED DISTRICT PURPOSE The purpose of the Residential Mixed (RM) District is to provide a place for residential uses of all types, including single-family residences, multi-family residences, manufactured home parks, and Class A, B, or C manufactured housing. Requests for higher-intensity residential use are considered through standards established in this Ordinance and found to be consistent, reasonable, and in the public interest with the Randolph County Growth Management Plan. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage for a single unit 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Table 14: RM: Residential Mixed District DR A F T Page 215 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 149 RR: RESIDENTIAL RESTRICTED DISTRICT PURPOSE The purpose of the Residential Restricted (RR) District is to provide a place for single- family residential uses, including site-built homes, conventional and on-frame modular homes, and Class A manufactured housing. Requests for higher-intensity residential use are considered through standards established in this Ordinance and found to be consistent, reasonable, and in the public interest with the Randolph County Growth Management Plan. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres for a major subdivision. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans, and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Table 15: RR: Residential Restricted District DR A F T Page 216 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 150 614: OVERLAY DISTRICT REGULATIONS A. CEO: COMMERCIAL ENVIRONMENTAL OVERLAY DISTRICT The commercial uses in this overlay district are designed to provide retail and service uses to the traveling public with an emphasis on vacation recreation needs created by the immediate presence of the North Carolina Zoological Park. This overlay district is designed for locations along major highways so that they can be conveniently reached by the traveling public. The Commercial Environmental Overlay District is designed for the area of Randolph County designated First Environmental District, where the requirement of such an Overlay District can help achieve the policies and objectives of the Randolph County Growth Management Plan. (1) PURPOSE AND USES PERMITTED The Commercial Environmental Overlay District shall be considered as an overlay district to the First Environmental District. Uses permitted within the underlying district shall be permitted, provided they meet the requirements within the overlay zone, subject to the restrictions provided by this section. (2) BUFFER REQUIREMENTS Where the property adjoins residential uses, a Level III buffer shall be installed. (3) SITE CONSIDERATIONS Yards shall only be used for driveways, landscaping, and screening. (4) SIGNAGE Signage is permitted as allowed by Article 600, Section 635, later in the land development regulations. (5) REQUIRED PLANS Plans shall be submitted with the following information: (a) Dimensions of the property and adjacent lots and streets; (b) Location and proposed use of all buildings, along with dimensions and ground area; (c) Proposed points on ingress and egress with traffic circulation and parking areas with spaces marked; DR A F T Page 217 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 151 (d) Service areas, off-street loading facilities, service drives, and dimensions of such areas; (e) A title giving the names of the developers, the date, the scale of the plan, and the person or firm preparing the plan; (f) Proposed landscaping with property buffers between other uses; (g) Location of flood hazard areas and other lands not suitable for development; (h) Size and location of signs; (i) Location and type of security lighting; (j) Water resource and stormwater management provisions; (k) Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using a minimum vegetated buffer area. B. CLO: CLUSTER SUBDIVISION OVERLAY DISTRICT The Cluster Subdivision Overlay District is established to accommodate major residential subdivision developments designed to preserve rural character by the preservation of open space and significant environmentally sensitive areas. The district permits open space, recreational, residential, and limited rural neighborhood business uses that are part of a unified design. The cluster subdivision development provides for the grouping of lots and buildings to conserve open space land resources and promotes innovation in the design of the development to minimize stormwater runoff impacts and other adverse rural environmental impacts. Housing characteristics within the CLO district will be designated Exclusive (CLOE), Restricted (CLOR), or Mixed (CLOM), in conformance with other major subdivision zoning districts. Cluster subdivisions are not allowed in the Birkhead Wilderness/Unharried Forest Small Area Plan area. The Cluster Subdivision Overlay District is designed for those areas of Randolph County where the requirement of such an Overlay District can help achieve the policies and objectives of the Randolph County Growth Management Plan. This district is specifically designed for Secondary DR A F T Page 218 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 152 Growth Areas and Rural Growth Areas as reflected in the Randolph County Growth Management Plan. (1) PURPOSE AND USES PERMITTED The Cluster Subdivision Overlay District shall be considered as an overlay district to the existing zoning districts. Uses permitted within the underlying district shall be permitted, provided they meet the requirements within the overlay zone, subject to the restrictions provided by this section. (2) CLUSTER SUBDIVISION DEVELOPMENT STANDARDS AND INTENSITY The number of housing units that may be built in a cluster subdivision development varies according to the amount of open space, as defined herein, which is to be preserved, and additional amenities that are to be included. The total number of building lots or dwelling units in a cluster subdivision development shall be calculated based on the total land area in the tract minus the required fifty percent open space and any proposed rights-of-way. Fifty percent of the total area located within a federally designated Class A Flood Zone may be utilized when calculating required Open Space. PROJECT AREA BASE DENSITY MINIMUM OPEN SPACE REQUIRED Secondary Growth Area 1 residence per 40,000 sq. ft. 50% Rural Growth Area 1 residence per 3 acres 50% Table 16: Cluster Subdivision Development Standards (3) DENSITY BONUS A developer may be granted density bonuses to increase the density within a cluster subdivision development. These bonuses may be granted within a cluster subdivision development only if the developer meets the required standards described below. One additional residential lot may be given for each of the following: (a) Each additional five percent open space; (b) Preservation of County Designated Natural Heritage Site; DR A F T Page 219 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 153 (c) Five hundred feet of existing road frontage maintained as open space with a minimum depth of two hundred feet as measured from the road right-of-way; (d) Maintain forestation and a natural thirty-five-foot buffer along existing parcel lines; or (e) An approved forestry management plan for open space. When granting density bonuses, lot sizes may be flexible with a minimum of 20,000 square feet in size within a Secondary Growth Area and a one-acre minimum within a Rural Growth Area. Density within cluster subdivision developments located in designated Watershed Balance or Water Quality Protected Areas shall not exceed mandated requirements. (4) USES OR ACTIVITIES PERMITTED IN OPEN SPACE AREAS (a) Conservation of land in its natural state (e.g., woodland, fallow field, or managed meadow); (b) Agricultural uses including the raising of crops or livestock; (c) Passive recreation, including but not limited to, trails, picnic areas, and community gardens; (d) Easements for drainage, access, sewer or water lines, or other public purposes; (e) Stormwater management facilities for the proposed development or a larger area in compliance with a watershed management plan; or (f) Other uses consistent with open space preservation and as approved through the appropriate development approval process. (5) USES OR ACTIVITIES PROHIBITED IN OPEN SPACE AREAS (a) Cutting of healthy trees; re-grading; topsoil removal; altering, diverting, or modifying watercourses or bodies except in compliance with a land management plan or watershed management plan for the property conforming to the customary standards of forestry, erosion control, or engineering; or DR A F T Page 220 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 154 (b) Private driveway connections within the open space area. (6) OWNERSHIP AND MAINTENANCE OF OPEN SPACE (a) Ownership of open space may be handled through one or more of the following, and shall be permanently restricted from future development through deed restrictions: (i) Homeowner’s Association; (ii) Transfer to a private conservation organization; or (iii) Ownership is retained by the developer. (b) Natural features shall be maintained in their natural condition but may be modified to improve their appearance, function, or overall condition. Permitted modifications may include, but are not limited to: (i) Reforestation; (ii) Woodland management; (iii) Meadow management; (iv) Buffer area landscaping; (v) Stream-bank protection; or (vi) Wetlands management. In no event will a radical change in open space be permitted that would destroy what may have been an initial sales feature for surrounding homeowners, for example, the removal of all timber. The cost and responsibility of maintaining open space and any facilities located thereon shall be borne by the developer, property owner, and/or homeowners association as required by the private deed restrictions. (7) SITING ON PUBLIC ROADWAYS AND ADJACENT RURAL ZONING DISTRICTS Cluster neighborhoods shall be placed in such a way as to not be fully visible from the primary thoroughfare. Natural features, such as tree stands and slight rises in topography, shall be retained to allow DR A F T Page 221 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 155 a rural landscape to adjoin residential zoning districts and existing roads. (8) DEVELOPMENT CONSIDERATIONS (a) Preserve scenic views and elements of Randolph County’s rural character by minimizing perceived density by minimizing views of new development along the existing road by use of natural buffers and open space. (b) Preserve open land, including those areas that contain unique and sensitive features such as natural areas, streams, wetlands, and floodplains. (c) Minimize site disturbance and erosion through the retention of existing vegetation. (d) Encourage creativity in the design of residential subdivisions by allowing for greater flexibility and creativity in the design if the development is not greater than that normally allowed in the district. (e) Create compact neighborhoods accessible to open space amenities and with a strong community identity. (f) Open space subdivision design shall be encouraged to maintain the special features that contribute to the rural character such as woodland preservation, preservation of scenic views, and farmland preservation. (g) New driveway connections shall be designed in a way to minimize new locations on existing public roads. (h) Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using a minimum vegetated buffer area. (i) The development shall be designed to limit disturbance in the following areas: (i) Land with a floodway; (ii) Wetlands; (iii) Groundwater recharge areas; and DR A F T Page 222 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 156 (iv) Critical ecological areas. C. CON – CONSERVATION SUBDIVISION OVERLAY DISTRICT The Conservation Subdivision Overlay District is established to accommodate major residential subdivision developments designed to preserve rural character by the preservation of open space and significant environmentally sensitive areas. The district permits open space, recreational, residential, and limited rural neighborhood business uses that are part of the unified design. The conservation subdivision development provides for the grouping of lots and buildings to conserve open space land resources and promotes innovation in the design of the development to further minimize stormwater runoff impacts and other adverse rural environmental impacts. Housing characteristics in the CON district will be designed Exclusive (CONE), Residential (CONR), or Mixed (CONM), in conformance with other major subdivision zoning districts. Conservation subdivisions are not allowed in the Birkhead Wilderness/Uwharrie Forest Small Area Plan area. The Conservation Subdivision Overlay District is designed for those areas of Randolph County where the requirements of such an Overlay District can help achieve the policies and objectives of the Randolph County Growth Management Plan. This district is specifically designed for Primary Growth Areas, Secondary Growth Areas, and Rural Growth Areas as reflected in the Randolph County Growth Management Plan. (1) PURPOSE AND USES PERMITTED The Conservation Subdivision Overlay District shall be considered as an overlay district to the existing zoning districts. Uses permitted within the underlying district shall be permitted, provided they meet the requirements within the overlay zone, subject to the restrictions provided by this section. (2) CONSERVATION SUBDIVISION DEVELOPMENT STANDARDS AND INTENSITY The number of housing units, which may be built in a conservation subdivision development, varies according to the amount of open space, as defined herein, which is to be preserved, and additional amenities that are to be included. The total number of building lots or dwelling units in a conservation subdivision development shall be calculated based on the total land area in the tract minus the required thirty percent open space and any proposed rights-of-way. Thirty percent of the total area located within a federally designated Class A Flood Zone may be utilized when calculating the required Open Space. In a Secondary Growth Area, lot frontage widths may be reduced to ninety feet. DR A F T Page 223 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 157 PROJECT AREA BASE DENSITY MINIMUM OPEN SPACE REQUIRED Primary Growth Area 1 residence per 30,000 sq. ft. 30% Secondary Growth Area 1 residence per 30,000 sq. ft. 30% Rural Growth Area 1 residence per 1.5 acres 30% Table 17: Conservation Subdivision Development Standards (3) DENSITY BONUS A developer may be granted density bonuses to increase the density within a conservation subdivision development. These bonuses may be granted within a conservation subdivision development only if the developer meets the required standards described below. When granting density bonuses, lot sizes may be flexible with a minimum of 20,000 square feet in size within a Secondary Growth Area and a 40,000 square feet minimum within a Rural Growth Area. Density within conservation subdivision developments located in designed Watershed Balance or Water Quality Protected Areas shall not exceed mandated requirements. (4) USES OR ACTIVITIES PERMITTED IN OPEN SPACE AREAS (a) Conservation of land in its natural state (e.g., woodland, fallow field, or managed meadow); (b) Agricultural uses including the raising of crops or livestock; (c) Passive recreation, including but not limited to, trails, picnic areas, and community gardens; (d) Easements for drainage, access, sewer or water lines, or other public purposes; (e) Stormwater management facilities for the proposed development or a larger area in compliance with a watershed management plan; or (f) Other uses consistent with open space preservation and as approved through the appropriate development approval process. (5) USES OR ACTIVITIES PROHIBITED IN OPEN SPACE AREAS (a) Cutting of healthy trees; re-grading; topsoil removal; altering, diverting, or modifying watercourses or bodies except in compliance with a land management plan or watershed management plan for the property DR A F T Page 224 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 158 conforming to the customary standards of forestry, erosion control, or engineering; or (b) Private driveway connections within the open space area. (6) OWNERSHIP AND MAINTENANCE OF OPEN SPACE (a) Ownership of open space may be handled through one or more of the following, and shall be permanently restricted from future development through deed restrictions: (i) Homeowner’s Association; (ii) Transfer to a private conservation organization; or (iii) Ownership is retained by the developer. (b) Natural features shall be maintained in their natural condition but may be modified to improve their appearance, function, or overall condition. Permitted modifications may include, but are not limited to: (i) Reforestation; (ii) Woodland management; (iii) Meadow management; (iv) Buffer area landscaping; (v) Stream-bank protection; or (vi) Wetlands management. In no event will a radical change in open space be permitted that would destroy what may have been an initial sales feature for surrounding homeowners, for example, the removal of all timber. The cost and responsibility of maintaining open space and any facilities located thereon shall be borne by the developer, property owner, and/or homeowners association as required by the private deed restrictions. (7) SITING ON PUBLIC ROADWAYS AND ADJACENT RURAL ZONING DISTRICTS DR A F T Page 225 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 159 Cluster neighborhoods shall be placed in such a way as to not be fully visible from the primary thoroughfare. Natural features, such as tree stands and slight rises in topography, shall be retained to allow a rural landscape to adjoin residential zoning districts and existing roads. (8) DEVELOPMENT CONSIDERATIONS (a) Preserve scenic views and elements of Randolph County’s rural character by minimizing perceived density by minimizing views of new development along the existing road by use of natural buffers and open space. (b) The location and availability of public utilities. (c) Preserve open land, including those areas that contain unique and sensitive features such as natural areas, streams, wetlands, and floodplains. (d) Minimize site disturbance and erosion through the retention of existing vegetation. (e) Encourage creativity in the design of residential subdivisions by allowing for greater flexibility and creativity in the design if the development is not greater than that normally allowed in the district. (f) Create compact neighborhoods accessible to open space amenities and with a strong community identity. (g) Open space subdivision design shall be encouraged to maintain the special features that contribute to the rural character such as woodland preservation, preservation of scenic views, and farmland preservation. (h) New driveway connections shall be designed in a way to minimize new locations on existing public roads. (i) Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using a minimum vegetated buffer area. (j) The development shall be designed to limit disturbance in the following areas: DR A F T Page 226 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 160 (i) Land with a floodway; (ii) Wetlands; (v) Groundwater recharge areas; and (vi) Critical ecological areas. D. CVO: CONVENTIONAL SUBDIVISION OVERLAY DISTRICT The Conventional Subdivision Overlay District has been established to accommodate single-family residential subdivisions with four or more owner-occupied lots created for sale or building development. This district is predominantly residential and suburban, where current water and sewer needs are met primarily by individual wells and septic systems. Some public infrastructure may be available in the future. Housing characteristics within the CVO district will be designated Exclusive (CVOE), Restricted (CVOR), or Mixed (CVOM), in conformance with other major subdivision zoning districts. The Conventional Subdivision Overlay District is designed for those areas of Randolph County where the requirement of such an Overlay District can help achieve the policies and objectives of the Randolph County Growth Management Plan. This district is specifically designed for Primary Growth Areas and Secondary Growth Areas as reflected in the Randolph County Growth Management Plan. (1) PURPOSE AND USES PERMITTED The Conventional Subdivision Overlay District shall be considered as an overlay district to the existing zoning districts. Uses permitted within the underlying district shall be permitted, provided they meet the requirements within the overlay zone, subject to the restrictions provided by this section. (2) CONVENTIONAL SUBDIVISION STANDARDS (a) All standards as required by the land development regulations contained within this Ordinance. (b) Minimum lot sizes as specified by this Ordinance. Lot sizes may be increased as required by soils and other factors particular to the location. (c) Designed under the policies and guidelines outlined in the comprehensive land-use plan. (d) Subdivision layout and use of land will assure safe and convenient circulation patterns while minimizing the impacts on the established residential areas. DR A F T Page 227 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 161 (e) Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using as a minimum vegetated buffer area. (3) SITING ON PUBLIC ROADWAYS Conventional subdivisions shall be designed to minimize the number of private driveway connections to existing public roads. E. IO: INDUSTRIAL OVERLAY DISTRICT (1) PURPOSE AND USES PERMITTED This overlay district is designed for Secondary Growth Areas and, in rare instances, for Rural Growth Areas in the County where such a district would provide for the location of sites that would substantially increase economic activity, job creation, and the tax base of the County. This district is intended to accommodate manufacturing, wholesaling, warehousing, research and development, and related retail or commercial activities, through the acquisition of large acreage, the use of natural buffers, and extensive landscaping would not have a substantial adverse impact upon the general growth characteristics anticipated by the Randolph County Growth Management Plan in that area. The Industrial Overlay District shall be considered as an overlay district to the Residential Agricultural District. Uses permitted within the underlying district shall be permitted, provided they meet the requirements within the overlay zone, subject to the restrictions provided by this section. (2) BUFFER REQUIREMENTS Buffers and landscaping shall include a Level III buffer. (3) SITE CONSIDERATIONS Yards shall only be used for driveways, landscaping, and screening. Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using as a minimum vegetated buffer area. (4) SIGNAGE Signage shall be permitted as allowed by Article 600, Section 635. F. MAO: MUNICIPAL AIRPORT OVERLAY DISTRICT (1) PURPOSE AND USES PERMITTED DR A F T Page 228 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 162 The purpose of this district is to establish height regulations within Asheboro Municipal Airport approach zones located within the County’s jurisdiction. The Municipal Airport Overlay District is also designed to prohibit other obstructions that have the potential to endanger the lives and property of users of the Asheboro Municipal Airport and property or occupants of land within the district. Such approach areas are depicted on the Official Zoning Maps of Randolph County. The Municipal Airport Overlay District shall be considered as an overlay district to the existing zoning districts. Uses permitted within the underlying district shall be permitted, provided they meet the requirements within the overlay zone, subject to the restrictions provided by this section. (2) AIRPORT APPROACH ZONES To carry out the provision of this District, there are established zones that include all the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as shown on the Asheboro Municipal Airport Approach and Vicinity Plan. Such approach areas shall be depicted on the Official Zoning Maps of Randolph County. (3) RESTRICTIONS Within the Municipal Airport Overlay District, the maximum height of any structure shall not exceed thirty-five feet. A Special Use Permit may be issued for a structure to exceed thirty-five feet if this Ordinance would otherwise permit the structure to do so, and review by the Asheboro Airport Authority indicating that no airport approach would be affected by the structure. Notwithstanding any other provisions of this District, no use may be made of land within the Overlay District in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft making it difficult for pilots to distinguish between airport light and other lights, resulting in glare in the eyes of pilots using the airport, create bird strike hazards, or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport. Public landfills, septage application sites used for anything other than agricultural operations involved in the production of crops or other agricultural products for sale or consumption, and similar activities shall be prohibited within 20,000 feet of the runway. In determining the possibility of adverse impact to navigation of structures over thirty-five feet in height, the calculation of one foot DR A F T Page 229 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 163 above the runway for each one hundred feet distance from the runway within 20,000 feet of the runway shall be considered. Before the Randolph County Planning Board public hearing, plans shall be submitted by the applicant to the Municipal Airport Authority for review and comment. Any comments regarding the plans by the Municipal Airport Authority must be received in writing before the public hearing. A delay in receiving the written comments will delay the public hearing. G. RBO: RURAL BUSINESS OVERLAY DISTRICT (1) PURPOSE AND USES PERMITTED The Rural Business Overlay District is established to provide locations where compatible rural land uses, such as neighborhood retail and service establishments, can be in general proximity to established rural residential areas to reduce automobile travel distances and promote better livability in the rural community. The Rural Business Overlay District shall be considered as an overlay district to the Residential Agricultural District. Uses permitted within the underlying district shall be permitted, provided they meet the requirements within the overlay zone, subject to the restrictions provided by this section. (2) BUFFER REQUIREMENTS Where the property adjoins a residential use, a Level III buffer shall be installed. (3) SITE CONSIDERATIONS Yards may be used only for driveways, landscaping, and screening. The minimum lot size is three acres. Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using as a minimum vegetated buffer area. (4) SIGNAGE Signage shall be permitted as allowed by Article 600, Section 635. H. RIO: RURAL INDUSTRIAL OVERLAY DISTRICT (1) PURPOSE AND USES PERMITTED This overlay district is designed for Rural Growth Areas and, in rare instances, Secondary Growth Areas as reflected on the Randolph County Growth Management Plan, where such a district would provide for the location of sites that would increase economic activity, DR A F T Page 230 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 164 job creation, and the tax base of Randolph County. This specialized district is intended to accommodate industrial activities and uses requiring proximity to rural resources, where the use of site-specific development plans, natural buffers, and landscaping would lessen the adverse impact upon the general growth characteristics anticipated by the Randolph County Growth Management Plan. Examples of permitted uses in this district are the processing and manufacturing of forest-related products, agricultural goods, minerals, and aggregates; special trade contractors; maintenance and repair of mechanical equipment; agri-business research and development; alternative energy facilities; and similar activities requiring proximity to rural resources. The Rural Industrial Overlay District shall be considered as an overlay district to the Residential Agricultural District. Uses permitted within the underlying district shall be permitted, provided they meet the requirements within the overlay zone, subject to the restrictions provided by this section. (2) PERMITTED USES The following uses, which require proximity to rural resources, shall be permitted in the Rural Industrial District: (a) Production, process, assembling, packaging, storage, and treatment of farm or forest products; (b) Sawmills, lumber manufacturing, and processing of forest products; (c) Manufacturing of stone, clay, glass, and concrete products; (d) Mineral and aggregate materials manufacturing; (e) Asphalt and concrete plants; (f) Farm and forest-related machinery repair, truck and incidental automobile repair, welding, and service part facilities; (g) Special trade contractors include excavating, septic installers, construction, concrete, distribution, trucking, and electrical; (h) Recycling facilities; DR A F T Page 231 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 165 (i) Alternative energy facilities (e.g., wind, solar, biofuels, geothermal); and (j) Research and development facilities (new products and technologies for farm, forest, and renewable products). (3) CONDITIONS (a) The minimum lot size is three acres. (b) The minimum State road frontage is one hundred feet. (c) The front setback area shall only be used for driveways, landscaping, and screening. The side and rear setbacks shall only be used for landscaping and screening. (d) The site shall have a minimum open space requirement of thirty percent. (e) The use shall not exceed the capacity of the site to provide adequate water and wastewater absorption. (f) All areas shown on the site plan not devoted to development (e.g., building, storage, driveways, parking) shall include retention of Level III buffer. (g) New development shall be in areas of the site that would lessen noise and operational impact to adjoining residential and agricultural land uses. (h) Security lighting shall be directed and designed to reduce glare for adjoining residences. (i) No new development is allowed within the Class A Flood Zone or fifty feet of a perennial stream. (j) Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using as a minimum vegetated buffer area. (4) COMPLIANCE MONITORING The applicant shall agree to furnish Randolph County Planning and Zoning, on an annual basis, information showing that the use DR A F T Page 232 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 166 complies with the development approval and all State and federal guidelines on dust, noise, and related issues. (5) MINIMUM SITE PLAN REQUIREMENTS (a) Dimensions of the property and adjacent lots, and streets. (b) Location, use, and ownership of all existing and proposed buildings and dimensions. (c) Streets, traffic circulation, and parking areas with spaces marked. (d) Service areas, off-street loading facilities, service drive, and dimensions of all areas. (e) Location of all proposed landscaping with a Level III buffer between other uses and open spaces. (f) Location of all flood zones and streams. (g) Stormwater drainage and sanitary sewer, where applicable. (h) Size and location of signs. (i) Erosion and sedimentation control plan. (j) Location and type of security lighting. (k) Signage. I. RLO: RURAL LOT SUBDIVISION OVERLAY DISTRICT (1) PURPOSE AND USES PERMITTED The purpose of the Rural Lot Subdivision Overlay District is to create a development option where subdivided residential lots, because of their size, offer opportunities for preserving unique and sensitive environmental features, as well as the scenic and historic character of areas. Rural Lot Subdivisions offer to maximize infiltration of precipitation to a private well water field to ensure sustainable well water supplies. Housing characteristics within the RLO district will be designated Exclusive (RLOE), Restricted (RLOR), or Mixed (RLOM) in conformance with other major subdivision zoning districts. This district is primarily designed for Rural Growth Areas as reflected in the Randolph County Growth Management Plan. DR A F T Page 233 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 167 The Rural Lot Subdivision Overlay District shall be considered as an overlay district to the existing zoning districts. Uses permitted within the underlying district shall be permitted, provided they meet the requirements within the overlay zone, subject to the restrictions provided by this section. (2) RURAL LOT SUBDIVISION DEVELOPMENT STANDARDS Lot sizes for any lots in a Rural Lot Subdivision shall be a minimum of three acres. The lots shall not have a lot depth-to-lot width ratio greater than four times the width at the minimum front street setback. Lots in Rural Lot Subdivisions are prohibited against further subdivisions. (3) SITING ON PUBLIC ROADWAYS AND ADJACENT RURAL ZONING DISTRICTS Rural lot subdivisions shall be sited in such a way as to be not fully visible from the primary thoroughfare. Natural features such as tree stands and slight rises in topography shall be retained to afford a rural landscape to adjoining residential zoning districts and existing roads. (4) DEVELOPMENT CONSIDERATIONS Preserve scenic views and elements of Randolph County’s rural character by minimizing perceived density by minimizing views of new development from existing roads using natural buffers and open space. (a) Preserve open land, including those areas that contain unique and sensitive features such as natural areas, streams, wetlands, and floodplains. (b) Minimize site disturbance and erosion through the retention of existing vegetation. (c) New driveway connections shall be designed in a way to minimize new locations on existing public roads. (d) Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using as a minimum vegetated buffer area. (e) The development shall be designed to limit disturbance in the following areas: (i) Land within a floodway; DR A F T Page 234 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 168 (ii) Wetlands; (iii) Groundwater recharge areas; or (iv) Critical ecological areas. J. SCO: SCENIC CORRIDOR OVERLAY DISTRICTS (1) PURPOSE AND USES PERMITTED The Scenic Corridor Overlay District is designed to support the arrangement of land uses along a specified corridor that shall create a visually pleasing impression. The permitted uses within a Scenic Corridor Overlay District shall be the same as allowed within the underlying district unless otherwise prohibited in the Scenic Corridor Plan. (2) SUPPLEMENTARY DISTRICT REQUIREMENTS Scenic Corridor Plans may include additional guidelines to the underlying zoning district, such as the following: (a) The specific development requirements of a scenic corridor overlay district shall apply uniformly to all property within said district, as specified in the officially adopted corridor plan; (b) Additional guidelines for all signage with the Scenic Corridor Overlay District will be specified in the corridor plan to support the issues and objectives of the Scenic Corridor Overlay District; or (c) One of the unique characteristics of a scenic corridor in Randolph County is that of natural growth, such as trees. Guidelines for the preservation of natural growth and adequate landscaping within the Scenic Corridor Overlay District will be specified in the corridor plan. (d) Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using as a minimum vegetated buffer area. (3) SCENIC CORRIDOR PLAN Before a Scenic Corridor Overlay District is established for any road, a corridor plan shall be prepared by the Randolph County Planning and Zoning Department describing the conditions, boundaries, and requirements for each proposed Scenic Corridor Overlay District. The plan shall address the following issues: DR A F T Page 235 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 169 (a) The arrangement of land uses along the corridor shall create a visually pleasing impression; (b) The unique qualities of the corridor, such as landmark buildings, views and vistas, and natural features, which lend themselves to special consideration; and (c) The value of the corridor as an entryway to the County can influence the perception of individuals or firms considering an investment in the County, and individuals visiting the County for those historical, cultural, and natural sites normally associated with Heritage Tourism. A Scenic Corridor Overlay District plan shall be sent, along with recommendations, to the Randolph County Planning Board for a legislative hearing for either the adoption or rejection of the proposed Scenic Corridor Overlay District. K. SEO: SPECIAL ENTERTAINMENT OVERLAY DISTRICT (1) PURPOSE AND USES PERMITTED The Special Entertainment Overlay District is designed primarily to supplement the underlying general use districts by permitting, in addition to all other permitted uses in the underlying district, retail operations that specialize in legally operated adult entertainment establishments. This district intends to prevent the concentration of adult entertainment establishments within the County’s regulatory jurisdiction. The Special Entertainment Overlay District is established to ensure that the adverse effects created by adult entertainment establishments are minimized and controlled so as not to adversely affect the adjacent property and the surrounding neighborhood by restricting their proximity to public parks, schools, hospitals, churches, day-care facilities, youth camps, civic facilities, other adult entertainment establishments, and residentially zoned areas. For a complete list of permitted uses and uses allowed under prescribed conditions, please refer to Article 600, Section 618. The Special Entertainment Overlay District shall be considered as an overlay district to the Highway Commercial District. Uses permitted within the underlying district shall be permitted, provided they meet the requirements within the overlay zone, subject to the restrictions provided by this section. (2) SITE CONSIDERATIONS Yards shall be used only for driveways, landscaping, and screening. DR A F T Page 236 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 170 (3) SUPPLEMENTARY DISTRICT REQUIREMENTS (a) No adult entertainment establishment shall be located within a radius of 1,500 feet of any other adult entertainment establishment; (b) No adult entertainment establishment shall be located within a radius of 1,500 feet of any portion of a residentially zoned lot; (c) No adult entertainment establishment shall be located within a radius of 1,500 feet of any lot upon which a school, hospital, church, day-care facility, youth camp, community center, or community recreational facility is located; (d) Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using as a minimum vegetated buffer area; and (e) The Special Entertainment Overlay District may be applied only to lots that are zoned Highway Commercial. (4) SIGNAGE One ground sign per street front shall be permitted, with a maximum area of twenty-four square feet, a sign may be indirectly lighted and must be located off the road right-of-way. No sign shall be located on-premises that flashes, revolves, rotates, or swings by mechanical means (lights must be motionless) or that uses a change of lighting to depict action or to create a special effect or scene. Nude, semi- nude, or vulgar depictions on signs are not permitted. Also, all signs are subject to the provisions of Article 600, Section 635. (5) LIGHT AND NOISE (a) Signs shall be permitted as established in Article 600, Section 635. (b) Amplification of sound directed outside of the building used by the establishment is not permitted. (6) REQUIRED PLANS Plans shall be submitted with the following information: (a) Dimensions of the property and adjacent lots and streets; DR A F T Page 237 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 171 (b) Location and proposed use of all buildings, with dimensions and ground area; (c) Proposed points of ingress and egress with traffic circulation and parking areas with spaces; (d) Service areas, off-street loading facilities, service drives, and dimensions thereon; (e) A title, giving the names of the developers, the date, the scale of the plan, and the person or firm preparing the plan; (f) Proposed landscaping, with property buffers between other uses; (g) Location of flood hazard areas and any other lands not suitable for development; (h) Size and location of signs; (i) Location and type of security lighting; and (j) Water resource and stormwater management provisions. L. WATERSHED OVERLAY DISTRICT (1) PURPOSE AND USES PERMITTED The Watershed Overlay District is designed to promote the public health, safety, and general welfare of the citizens of Randolph County. Specific information regarding this overlay district can be found in Article 800, Watershed Protection Ordinance. 615: PROCEDURES FOR SUBDIVISION OVERLAY DISTRICTS A. DEVELOPMENT PRE-CONFERENCE The applicant may meet with the designated Randolph County Planning and Zoning Staff on-site to discuss the overall design of the development and identify Open Space Areas that could be incorporated into the plan before filing for rezoning. B. SUBMITTAL OF PRELIMINARY PLAT AND APPLICATION The required information for the preliminary plat can be found in Article 700, Section 719 in this Ordinance. The preliminary plat may be submitted electronically. DR A F T Page 238 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 172 C. TECHNICAL REVIEW The Planning Staff will prepare a Development Impact Analysis under the requirements of this Ordinance. The Planning Staff shall also review the preliminary plat to ensure that it contains the required information found in Article 700, Section 719 in the Ordinance, and for clarity and understanding. D. PLANNING STAFF RECOMMENDATIONS The Planning Staff shall review the proposal for consistency with all applicable standards in this Ordinance. The Planning Staff shall make recommendations in writing to the applicant or surveyor, at which time the applicant may choose to revise and resubmit the preliminary plan. The applicant or surveyor will be told of the cut-off date for the final submission of the preliminary plat and the payment of any fees associated with the rezoning. E. NEIGHBORHOOD INFORMATION MEETING Randolph County shall sponsor a Neighborhood Information Meeting involving the developer, Randolph County Planning and Zoning Staff, and adjacent property owners. The informal meeting is designed to provide a time when adjoining property owners might meet with the developer and the Randolph County Planning Staff to review preliminary residential subdivision proposals before the formal presentation at public hearings to the Randolph County Planning Board. The Neighborhood Information Meeting shall be held by the Randolph County Planning and Zoning Department before scheduling the Randolph County Planning Board hearing. The notifications shall follow the procedures as outlined in NCGS § 160D, except for the legal advertisement, which shall not be required for Neighborhood Information Meetings. Also, the property for which the rezoning is proposed shall be posted before the public hearing. F. TECHNICAL REVIEW COMMITTEE The Technical Review Committee shall meet again after the Neighborhood Information Meeting to consider the input received from the meeting. The Committee discusses all the information submitted and then makes a recommendation to the Randolph County Planning Board based upon the entirety of the proposal and its compliance or non-compliance with this Ordinance and the Randolph County Growth Management Plan. G. ZONING CHANGE PROCEDURES The applicant shall follow those procedures outlined in this Ordinance within Article 400, Sections 408 through 412. DR A F T Page 239 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 173 616: IMPACT ANALYSIS FOR MAJOR RESIDENTIAL REZONING REQUESTS A. PURPOSE AND INTENT Development policies outlined in the Randolph County Growth Management Plan and regulated through this Ordinance are specifically designed to encourage long-term planning among property owners, developers, and the County government. The Development Impact Analysis is a key component of major residential rezoning requests. Its use allows the Randolph County Board of County Commissioners, Randolph County Planning Board, and appropriate staff to determine the feasibility of a rezoning proposal based on its impact on the community and the capacity of Randolph County to provide adequate public facilities. B. IMPACT ELEMENTS The Technical Review Committee shall prepare information outlined in the Development Impact Analysis for all major residential subdivision development proposals or related Special Use Permit applications. The Development Impact Analysis shall consist of the following elements: (1) HOUSING DEVELOPMENT ANALYSIS Existing housing patterns such as subdivisions, types of housing, etc.; (2) WATER RESOURCES Proposed water resources and availability of public infrastructure. Proposed sewage disposal systems; (3) TRAFFIC ANALYSIS Estimated number of trips generated, the volume of existing traffic on roads adjacent to and within one mile of the tract, directional distribution of traffic, and capacity analysis; (4) PUBLIC EDUCATION The expected number of students generated for each dwelling unit using the Student Information Management System data as provided by the public school systems, the location of public schools expected to serve the development, and their student capacity; and (5) AGRICULTURAL IMPACT Adjoining active working farms shall be noted on development plans. All well locations must be documented on subdivision plats with a setback of not less than one hundred feet from the farm’s property lines. Farm operations that begin after the DR A F T Page 240 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 174 development of a major residential subdivision must abide by the one-hundred-foot waste setback rule (on the farm property). 617: ADOPTED SCENIC CORRIDOR OVERLAY DISTRICT PLAN A. NC HIGHWAY 705 SCENIC BUSINESS OVERLAY DISTRICT The purpose of the NC Highway 705 Scenic Business Overlay District is to establish guidelines for new development and rezoning requests along the NC Highway 705 (Little River Road) Corridor from its intersection with Interstate 73/74 to the town limits of Seagrove. The Scenic Business Corridor Overlay District would affect only rezoning requests that are within five hundred feet along each side of the NC Highway 705 right-of-way. The overlay district is designed to strengthen the value of the corridor as a special entryway to the Seagrove area’s unique pottery, crafts, and related heritage assets. The district is also designed to create visually pleasing and pedestrian-friendly land use standards that will help retain the scenic neighborhood characteristics long associated with the NC Highway 705 community. (2) PURPOSE AND USES PERMITTED The Scenic Business Overlay District shall be considered as an overlay district to the Highway Commercial District. To accomplish the objectives of the Scenic Business Overlay District Corridor Plan, the following land use issues shall be considered: (a) Appealing streetscapes with trees, natural buffers, and provisions for pedestrian-friendly land-use standards that can enhance walkability and accessibility; (b) Provision for specific retail options that support locally made crafts, pottery, and related activities that enhance and promote the natural heritage of the Seagrove community; (c) The absence of large parking lots facing the street, with related new building setback standards; (d) The design of buildings, rooflines, colors, and landscaping is critical to the environment that supports safety and a sense of community. Lighting and signs have a big impact on the DR A F T Page 241 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 175 appearance of a neighborhood. Standards will limit the type, size, color, and brightness; and (e) Limit maximum square footage and lot coverage of new commercial buildings to encourage retail options that support locally made products. (3) DEVELOPMENT GUIDELINES (a) STRUCTURAL/ARCHITECTURAL (i) Buildings shall not be stylized or designed as advertising signage or corporate symbols. (ii) Muted and naturally occurring earth tone colors are required as predominant building colors. Bright and highly reflective or extremely shiny finishes are prohibited unless used sparingly with an approved architectural plan. (iii) A single large, dominant building mass shall be avoided. Structures shall not exceed 4,000 square feet of heated space, and the total footprint of the building may not exceed 4,000 square feet. The building mass shall be broken with the use of setbacks, projecting and recessed elements, and similar design techniques. Hotels, motels, and restaurants shall be exempt from this requirement. (iv) All exterior walls visible from a parking lot or public right-of-way shall be architecturally designed to complement the front of the building. (v) Building construction using manufactured materials (e.g., blocks) with an unfinished appearance shall not be used. DR A F T Page 242 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 176 (vi) Roof materials shall be architectural shingles, metal, tin, tile, slate, or shakes with a roof pitch varied to reduce the scale of the structure. Roof pitches and overhangs (no less than a 6/12 pitch and a twenty-four-inch overhang) shall be architecturally compatible with the rest of the building. (vii) All windows shall have grids with clear, stained, or obscure glass. (b) Exterior lighting shall be assessed for compatibility with the community in terms of antique design, material, use, size, scale, color, and brightness. (c) Buildings shall use traditional materials such as wood, stucco, stone, old-style brick, or a Board-approved simulation. (d) The exterior front door shall have a wood grain surface, and any glass used shall be stained or obscure glass. Clear glass may be used if the glass has grids. (e) Service areas and loading docks shall not be sited on the major pedestrian side of a building and must be screened from pedestrian view by landscaping or with architectural elements. (4) SITE DEVELOPMENT (a) All on-site utilities shall be installed underground where possible for new development. (b) Signs shall not be designed to be in visual competition with other signs in the area. (c) Chain link fencing (with or without any type of inserts), razor wire, and barbed wire are not permitted. (d) Dumpsters shall be located away from the streetscape. If possible, they shall be internal to an architectural wall and enclosed with screening to reduce their conspicuous visual presence. DR A F T Page 243 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 177 (e) Service areas and unsightly and noisy elements shall be located at the rear of buildings, out of pedestrian view, and shall be screened with landscaping or architectural elements. Elements to be screened include, but are not limited to, loading areas, dumpsters, outdoor storage, utility meters, and satellite equipment. Mechanical (heating, ventilation, and air conditioning) systems shall be located to the rear or the side of structures, with proper screening of landscape and architectural elements. (f) All utility cabinet pad areas must be completely enclosed with exterior landscaping. Site and construction plans must be approved before installation. (5) LANDSCAPING, BUFFERS, AND SCREENS (a) Landscape materials shall be appropriate in scale and nature to the site and architecture. (b) A Level III buffer shall be required between adjacent buildings and streets to create an attractive view to and from the building. This setback would allow for grassed and landscaped areas and a sidewalk for pedestrian traffic. (c) Landscaping used to buffer noise and views shall be evergreen for adequate year-round screening. (d) Landscape buffer height shall effectively obscure the elements to be screened. (e) Refuse enclosures shall be screened from view on all sides with a six to eight-foot-high opaque screen of coordinated building materials or landscaping. (f) All utility ground boxes (electrical, cable, telephone) must be landscaped. (g) Side and rear yard areas adjoining a residence must maintain a minimum buffer of two alternating rows of high-growing evergreen trees, interspersed with a single row of medium to high-growing evergreen shrubbery. DR A F T Page 244 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 178 (h) There shall be a natural flow of landscaping from one commercial lot to another. (6) SIGNS All signs must be constructed and installed under the North Carolina State Building Code and shall be permitted as described in Article 600, Section 635. (7) PARKING (a) On-site parking shall be located to the rear or side of the new development, except where unique topographical conditions of the site would not allow practical implementation of this standard. (b) Parking lots may be accessible and visible from the street, but their street frontage must be minimized. (c) Loading/unloading zones shall be located away from pedestrian view. (8) PERMITTED USES Subject to the provisions of this overlay zone, all uses permitted in the underlying zoning district are permitted except those listed below. (a) Accessory structures in the front yard area; (b) Adult establishments; (c) Auto paint and body shops; (d) Automotive repair, sales, or storage; (e) Billboards (off-premise signs); (f) Carwashes; (g) Car wrecker service; (h) Inert debris landfills; (i) Junkyards; (j) Mini-warehouse storage facilities; (k) Manufactured home, camper, marine, or RV sales; DR A F T Page 245 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 179 (l) Outdoor flea markets; or (m) Outdoor storage. 618: TABLE OF PERMITTED USES Districts in which uses are permitted as a use by right are indicated by a checkmark. Districts in which uses are prohibited are indicated by a blank. Districts in which uses are permitted as a Special Use upon approval by the Randolph County Planning Board are indicated by S. Districts in which a particular use is permitted in an Overlay District are indicated by O. Districts in which a particular use is permitted as a temporary use as defined by these land development regulations, are indicated by T. See Article 600, Section 620 for further information. Districts in which uses are permitted, as in a Special Entertainment Overlay District upon approval by the Randolph County Planning Board, are indicated by E. DR A F T Page 246 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 180 TABLE OF PERMITTED USES USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Accessory uses ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Adult bookstore E Adult entertainment establishment E Adult motion picture theatre (including mini theatres) E Advanced battery or fuel cell development ✓ Aerospace, aviation, and military/defense manufacturing ✓ Agricultural uses2 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Airfields and airports S S S S Amusements, indoor commercial (e.g., bowling alleys, skating rinks) S ✓ S ✓ ✓ ✓ ✓ Amusements, out-of-doors commercial (e.g., roller coasters, fairgrounds) ✓ ✓ ✓ S Apparel and accessory sales ✓ ✓ ✓ ✓ Assembly - (e.g., Event Center, Community Center, public or non-profit club and recreation, Fitness, and recreational sports center) ✓ ✓ DR A F T Page 247 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 181 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Athletic fields, recreation buildings, playgrounds, swim, and racquet clubs (no commercial gain) ✓ ✓ ✓ ✓ ✓ ✓ ✓ Auction sales, temporary, one-time use ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Auction sales, yards, permanent ✓ ✓ ✓ ✓ Automobile and truck rental ✓ ✓ ✓ Automobile body shops (excluding open storage of wrecked vehicles) ✓ ✓ ✓ ✓ Automobile carwash, drive- through, requiring vehicle stacking ✓ ✓ ✓ ✓ ✓ ✓ ✓ Automobile parts sales ✓ ✓ ✓ ✓ ✓ Automobile racetracks ✓ Automobile sales ✓ ✓ ✓ ✓ ✓ ✓ Automobile service stations ✓ ✓ ✓ ✓ ✓ ✓ Automobile storage (excluding wrecked and junked vehicles)3 ✓ ✓ ✓ ✓ Automotive, truck, and heavy equipment manufacturing and assembly ✓ Bakery ✓ ✓ ✓ ✓ Banks, savings and loans, credit unions ✓ ✓ ✓ ✓ DR A F T Page 248 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 182 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Barber and beauty service ✓ ✓ ✓ S ✓ S S Biofuels production ✓ Biotechnology, pharmaceuticals, medical, and life sciences manufacturing ✓ Boats, recreational vehicle sales, and service ✓ ✓ ✓ ✓ Bottling plants ✓ ✓ ✓ Brick, tile, and cement manufacturing ✓ Builders supply sales3 ✓ ✓ ✓ ✓ ✓ Bus station ✓ ✓ ✓ Cabinet making ✓ ✓ ✓ ✓ ✓ Camping S S S S S Cemetery ✓ ✓ ✓ ✓ ✓ Chemical manufacturing ✓ Churches and their customary uses, including childcare on-premises ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Clinics, medical, dental ✓ ✓ ✓ ✓ ✓ Clubs and lodges, private, non-profit ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Clubs and places of entertainment (commercial) S ✓ ✓ ✓ ✓ Coal sales and storage3 ✓ DR A F T Page 249 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 183 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Community centers, public or private non-profit, for assembly and recreation S ✓ S ✓ ✓ ✓ ✓ ✓ Concrete and asphalt products plant ✓ Consumer Services (Dry cleaners/laundry, veterinary Clinic, locksmith, post office, government offices, repair shop, Bakery, Barber/Beauty Services, bank, restaurant, exterminating services, library, gunsmith, tailor) ✓ ✓ ✓ Contractor’s yard and outdoor storage area3 ✓ ✓ ✓ ✓ Convenience store ✓ ✓ Conventional Major Subdivision home, Class A manufactured housing, modular home O O O Conventional Major Subdivision home, Class B manufactured housing, modular home O Conventional Major Subdivision homes (site- built) and conventional modular homes O O O O DR A F T Page 250 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 184 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Corporate offices or headquarters ✓ ✓ ✓ ✓ Cryptocurrency ✓ Dairy products, wholesale, and processing ✓ ✓ ✓ Daycare facility (corporate) ✓ ✓ Daycare facility (freestanding) ✓ ✓ ✓ S ✓ ✓ ✓ ✓ ✓ ✓ ✓ Distribution or logistics center ✓ Drive-in window services (banks, laundries, fast food), if permitted in the district ✓ ✓ ✓ ✓ ✓ ✓ ✓ Drugstores ✓ ✓ ✓ ✓ Dry cleaning and laundry ✓ ✓ Educational facilities and training centers ✓ Electronics and component manufacturing ✓ Energy storage ✓ Engine or engine parts production ✓ Event center S S Exterminating services ✓ ✓ ✓ Fabricated or primary metal manufacturing ✓ Family care home S ✓ ✓ ✓ Farm machinery sales ✓ ✓ ✓ ✓ ✓ DR A F T Page 251 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 185 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Farm supplies sales (feed, seed, fertilizer) ✓ ✓ ✓ ✓ Fire, sheriff, and emergency services ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Fitness and Recreational Sports Center ✓ ✓ ✓ Flea markets (indoors) ✓ ✓ ✓ Flea markets (out-of-doors) ✓ ✓ ✓ Florists ✓ ✓ ✓ ✓ Food freezer operations ✓ ✓ ✓ Food processing ✓ Foundries, metal ✓ Funeral homes ✓ ✓ ✓ ✓ ✓ ✓ Furniture manufacturing ✓ Gift shops ✓ ✓ ✓ ✓ Glass Manufacturing ✓ Golf courses ✓ ✓ ✓ ✓ ✓ ✓ ✓ Golf, miniature ✓ ✓ ✓ Governmental offices ✓ ✓ ✓ ✓ ✓ Grocery stores S ✓ ✓ ✓ Group homes S S S S Gun range ✓ Gun sales S ✓ ✓ S ✓ S S S Gunsmith ✓ S ✓ ✓ ✓ ✓ S ✓ S S S Hardware, paint, and garden supplies ✓ ✓ ✓ Health and social services centers ✓ ✓ ✓ ✓ ✓ ✓ DR A F T Page 252 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 186 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Home furnishings and appliance sales ✓ ✓ ✓ Home occupations ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Hospital or sanatoriums S S S S S S Hotels and motels S ✓ S ✓ ✓ Household product manufacturing ✓ Industrial equipment sales and service ✓ ✓ Junkyards (3 acres or more in size)4 S S Kennels ✓ ✓ ✓ Laboratory, medical, and dental ✓ ✓ ✓ ✓ Laboratory, research ✓ ✓ Landfill S Large Outdoor Sales (e.g., Auction Sales -permanent, Flea market) ✓ ✓ Large Outdoor Storage (e.g., Contractor’s Yard with outdoor storage, Towing Service yards, Boat and RV storage) ✓ ✓ Laundry or dry cleaning ✓ ✓ ✓ Library, public ✓ ✓ ✓ ✓ ✓ ✓ Livestock sales ✓ ✓ ✓ Locksmith S ✓ ✓ S ✓ S S S DR A F T Page 253 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 187 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Machine shop, welding shop ✓ ✓ ✓ ✓ Manufactured home in a major subdivision, Class A ✓ Manufactured home in a major subdivision, Class B ✓ Manufactured home in a minor subdivision, Class A ✓ ✓ ✓ ✓ Manufactured home in a minor subdivision, Class B ✓ ✓ ✓ Manufactured home on individual lot, Class A ✓ ✓ ✓ ✓ Manufactured home on individual lot, Class B ✓ ✓ ✓ Manufactured home on individual lot, Class C ✓ ✓ Manufactured home park S Manufactured home, travel trailer, camper, marine, and recreational vehicle sales ✓ ✓ Manufacturing, apparel, soft goods, textiles ✓ Manufacturing (e.g., Glass Manufacturing, Bottling Plant, cabinet making, upholstering and furniture refinishing, machine/welding shop) ✓ ✓ Manufacturing, machine tools, chemicals, fertilizer, ✓ DR A F T Page 254 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 188 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR paving materials, wood products, paper Meat packing and poultry processing ✓ Medical/Dental clinics or laboratories ✓ ✓ ✓ ✓ ✓ ✓ Mini warehouse ✓ ✓ ✓ Mixed commercial and residential use where commercial use is primary and both occupy the same structure or lot S ✓ ✓ ✓ ✓ ✓ ✓ Modular home, conventional ✓ ✓ ✓ ✓ ✓ Modular home, on-frame ✓ ✓ ✓ ✓ Monument and cut stone manufacture and sales ✓ ✓ ✓ Motor vehicle parts manufacturing ✓ Multi-family residence ✓ Nursery and plant cultivation, and sales ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Nursing and rest homes S S S S S Office supplies sales ✓ ✓ Outdoor Storage Services (Service Stations, Auto Body Shops, Contractor’s Yard with outdoor storage, Towing Service yards, Boats, RV, Service and Sale) ✓ ✓ ✓ DR A F T Page 255 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 189 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Outdoor storage yard ✓ ✓ ✓ ✓ Paint and coating manufacturing ✓ Paint shop ✓ Pet Boarding/Grooming S ✓ ✓ Pharmacy and drugstore ✓ ✓ ✓ ✓ Planned Business Development S S S ✓ S ✓ S S Planned Rural Development S S S S S Planned Unit Development S S S S Plastics and resin manufacturing ✓ Post Office ✓ ✓ ✓ ✓ ✓ ✓ Pottery manufacturing and sales ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Press Shop ✓ Printing and reproduction shop ✓ ✓ ✓ ✓ ✓ Professional and business offices ✓ ✓ ✓ ✓ ✓ ✓ Professional Offices (Laboratory, Clinic medical/dental, law office, accountant, printing/reproduction shop) ✓ ✓ ✓ Professional Services (Automobile repair/service stations) ✓ ✓ DR A F T Page 256 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 190 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Public utility substations S S S S S S S S S S S S S S S Quarry operations ✓ Radio or television studio S ✓ ✓ ✓ ✓ Radio or television tower S S S S S S S S S S S S Railroad rolling stock manufacturing ✓ Railroad yard ✓ Recreational vehicle (RV) park S S S S Religious Facility (Churches and customary uses, including childcare on site) ✓ ✓ ✓ Repair, rental, and service of products sold at retail in the same district ✓ ✓ ✓ Research and development facilities ✓ Residence, apartments, condominiums ✓ Residence, duplex ✓ ✓ ✓ Residence, single-family detached ✓ ✓ ✓ ✓ ✓ ✓ Residence, townhouses ✓ Residential solar collector ✓ ✓ ✓ ✓ ✓ Restaurant S ✓ ✓ ✓ Retail sales, not listed elsewhere S ✓ ✓ ✓ DR A F T Page 257 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 191 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Retail stores and shops (excluding vehicle sales) not otherwise listed herein S ✓ ✓ ✓ Riding academy, commercial stables S ✓ ✓ Rodeo ✓ ✓ Rooming house ✓ ✓ ✓ Rubber products manufacturing ✓ Rural family occupation of a commercial/industrial nature S S S S S Sales - ( e.g., Drugstore, convenience store, Flea market indoors, retail sales - apparel, accessories, shoes, auction sales -permanent, grocery store, Florist) ✓ ✓ ✓ Sales with Outdoor Display - ( e.g., Farm supplies/machinery sales, mobile homes sales, accessory building sales, builders supply sales, Automobile sales, automobile/trailer rentals, nursery, monument and cut stone manufacturer sales, ✓ ✓ ✓ DR A F T Page 258 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 192 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR industrial equipment/service, Wholesale sales) Sanitary landfill S Sawmills, planing mills - permanent ✓ Sawmills, planing mills - temporary ✓ ✓ Schools, academic S S S S S S S S S Schools, business/trade S S S S ✓ S S S S S S S Septage land application site S Service establishments include but are not limited to barber and beauty shops, small-item repair, and rental S ✓ ✓ ✓ Service stations ✓ ✓ ✓ ✓ ✓ ✓ Sheet metal fabrication ✓ ✓ Shooting range S Sign, directional gateway ✓ S ✓ ✓ ✓ ✓ ✓ S S S S Sign, on-premise ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Sign, outdoor advertising (off-premises) ✓ ✓ ✓ ✓ Skills games, games of chance S S S S S Solar energy facility S S Solar energy, residential use ✓ ✓ ✓ ✓ ✓ Small Box Discount Store ✓ ✓ ✓ DR A F T Page 259 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 193 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Special events ✓ ✓ Storage pods T T T T T Storage, flammable liquids above ground in quantities for distribution S S Storage (e.g., mini-warehouse, automobile storage) ✓ ✓ ✓ Subdivisions, Minor (Residential) ✓ ✓ ✓ ✓ ✓ Tailor shop ✓ ✓ ✓ Taxi stand/Park and Ride lot ✓ ✓ Telecommunications tower S S S S S S S S S S S S S S S Temporary buildings, incidental to the development ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Temporary carnivals, rides, Ferris wheels ✓ ✓ ✓ ✓ Temporary healthcare structures ✓ ✓ ✓ ✓ ✓ Theatre, Drive-In ✓ ✓ ✓ Tire manufacturing ✓ Tobacco sales and warehousing ✓ ✓ Towing services ✓ Trailer rentals ✓ ✓ ✓ ✓ Transitional housing ✓ ✓ ✓ Transportation ✓ ✓ ✓ DR A F T Page 260 of 517 ARTICLE 600: ZONING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 1. All uses listed in these charts for the E-1 districts are permitted in individual lots. Other uses, permitted only as part a Planned Business Development are noted in Article 700, Section 719. 2. Bone fide farms and similar agricultural uses are exempt from zoning controls of this Ordinance. See Article 600, Section 607. 3. Commercial outdoor storage (except for junkyards as defined and regulated by this Ordinance) including contractor’s yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage yard is enclosed by a fence not less than eight feet in height which completely screens from view the stored material. 4. New junkyards permitted only by Special Use Permit in LI and HI must be a minimum of three acres in size. Junkyards existing in other districts at the time of adoption of this Ordinance are made nonconforming uses, subject to the provisions of Article 600, Section 639 of this Ordinance. Outdoor storage of more than four wrecked or immobilized motor vehicles is expressly prohibited in the RR and RM districts. 5. Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads. 6. Any obstruction to be located within the zoning jurisdiction of Randolph County that is more than 199 ft. in height above ground level at its site will require a Notice of Proposed Construction or Alteration submitted to the FAA and will require a finding of No Adverse Impact to Navigation from the FAA prior to granting a final building permit. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 194 USES CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR (e.g., Taxi Stand, park and ride lot) Transportation equipment manufacturing ✓ Truck terminal ✓ ✓ Upholstering and furniture refinishing ✓ ✓ ✓ Veterinary clinics ✓ ✓ ✓ ✓ ✓ ✓ Warehouses, sales, or service ✓ ✓ ✓ ✓ ✓ ✓ Warehousing and distribution ✓ Wholesale sales, not otherwise listed ✓ ✓ ✓ ✓ Zoological park ✓ Table 18: Table of Permitted Uses DR A F T Page 261 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 195 619: NEW OR UNLISTED USES While the Randolph County Planning and Zoning staff has worked to ensure that all uses are listed in the Table of Permitted Uses, there may be new uses or uses that were omitted. To assist in determining the zoning district within which uses should be located, the following guidelines are to be followed. The authority for the use of these guidelines shall fall to the Randolph County Planning Director, who shall provide a written determination for the district where the use would be allowed based on the following: (1) The characteristics of the proposed uses; (2) The size and extent of the development of the proposed development, such as retail sales or industrial, or commercial uses; (3) The existing use of the property, such as single-family residential or commercial; (4) The type of operations being conducted on the property; (5) The amount and type of hazardous chemicals that could be used on the property; (6) The amount of indoor or outdoor storage needed or required by the proposed use; (7) The amount of any nuisances that may be created from the proposed use; (8) The applicable Randolph County Watershed Protection Ordinance and the Randolph County Flood Damage Prevention Ordinance; or (9) Any other information not listed here has a direct impact on the type of development being proposed. An appeal of the decision of the Randolph County Planning Director shall be to the Randolph County Zoning Board of Adjustment. Nothing in this Ordinance shall prohibit the Randolph County Planning Director from seeking guidance or requesting approval from the Randolph County Planning Board on any use that is new or not listed above. Absent an appeal from the decision of the Randolph County Planning Director, the new use shall be included in the Table of Permitted Uses of this Ordinance, and the definitions section updated to reflect the new use. 620: SPECIAL USE PERMITS A. OBJECTIVES AND PURPOSES DR A F T Page 262 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 196 Special Use Permits add flexibility to the land development regulations. Subject to high standards of planning and design, certain property uses are allowed in districts where these uses would not otherwise be acceptable. Utilizing controls exercised through the Special Use Permit procedures and the quasi-judicial hearing, property uses that would otherwise be undesirable in certain districts can be developed to minimize any negative effects they might have on surrounding properties. The uses for which Special Use Permits are required are listed in the table preceding this section. A detailed description of the procedures that must be followed in the issuance of each permit is contained in the following pages. Uses specified in this section shall be permitted only upon the issuance of a Special Use Permit. Conditions and safeguards imposed under this section shall not include requirements for which Randolph County Planning Board does not have authority under existing Statutes to regulate nor requirements for which the Courts have held to be unenforceable if imposed directly by Randolph County Planning Board, including, without limitation, taxes, impact fees, building design elements, driveway-related improvements over those allowed in NCGS § 136-18 (29), or other unauthorized limitation on the development or use of the land. Any conditions shall be agreed to by the applicant or property owner in writing before the vote of the Randolph County Planning Board for the conditions to be enforceable. Randolph County may not use the defense of estoppel to enforce conditions to which the applicant did not consent to in writing. B. PROCESS REQUIRED The Randolph County Planning Board shall follow quasi-judicial procedures in determining Special Use Permits as found in Article 400, Section 407. C. NOTICE OF HEARING Notice of quasi-judicial hearings conducted according to NCGS § 160D-406 shall be mailed to the person or entity whose application or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by the local development regulation. In the absence of evidence to the contrary, Randolph County may rely on the Randolph County Tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than twenty-five days, before the date of the hearing. Within that same period, Randolph County shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. DR A F T Page 263 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 197 The Randolph County Planning Board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the Randolph County Planning Board is not then present, the hearing shall be continued until the next regular meeting without further advertisement. D. PRESENTATION OF EVIDENCE The applicant, Randolph County, and any person who would have standing shall have the right to participate as a party at the quasi-judicial hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive, as allowed by the Randolph County Planning Board. Even if there is no objection before the Board, opinion testimony from a lay witness shall not be considered competent evidence for technical matters such as property values and traffic impacts. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the standing of a party, may be made to the Randolph County Planning Board. The Randolph County Planning Board Chair shall rule on any objections, and the Chair’s rulings may be appealed to the full Randolph County Planning Board. These rulings are also subject to judicial review according to NCGS § 160D-1402. Objections based on jurisdictional issues may be raised for the first time on judicial review. E. OATHS The Chair of the Randolph County Planning Board or any members acting as Chair and the Clerk to the Randolph County Planning Board are authorized to administer oaths to witnesses in any matter coming before the Randolph County Zoning Board of Adjustment. Any person who, while under oath during a proceeding before the Randolph County Planning Board determining a quasi-judicial matter, willfully swears falsely is guilty of a Class I misdemeanor. F. VOTING A majority of the members shall be required to decide upon the issuance of a Special Use Permit. For this subsection, vacant positions on the Randolph County Planning Board and members who are disqualified from voting on a quasi-judicial matter under NCGS § 160D-109 (d) shall not be considered members of the Randolph County Planning Board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members. A failure to vote by a member who is physically present at the public hearing, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote. G. DECISIONS DR A F T Page 264 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 198 Every quasi-judicial decision on the issuance of a Special Use Permit shall be reduced to writing, reflecting the Randolph County Planning Board’s determination that the following requirements have been met: (1) That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (2) That the use meets all required conditions and specifications; (3) That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and (4) That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with this Ordinance. A quasi-judicial decision is effective upon filing the written decision with the Clerk to the Randolph County Planning Board. The decisions of the Randolph County Planning Board shall be delivered within a reasonable time by personal delivery, electronic mail, or by first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy before the date the decision becomes effective. The person required to provide notice shall certify to Randolph County that proper notice has been made, and the certificate shall be deemed as conclusive in the absence of fraud. H. JUDICIAL REVIEW Every quasi-judicial decision shall be subject to review by the Superior Court by proceedings like certiorari according to NCGS § 160D-1402. 621: DETAILED REGULATIONS FOR SPECIFIC USES Detailed regulations for specific uses are subject to this section and outlined in the following pages and the notes related to those provisions. The Zoning District shown on the following pages may be used and allowed by right or via a Special Use Permit. Please refer to the Table of Permitted Uses in Article 600, Section 618, for the specific district. Anything on the following pages that is shown as Required or Other Requirement must be submitted to the Randolph Planning and Zoning staff before the public hearing can be scheduled. Failure to submit the required documents will delay the public hearing. County Planning Staff can request additional information (ex., lighting plans, landscaping, etc.) to clarify proposals or requests. DR A F T Page 265 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 199 AIRFIELD, GENERAL AVIATION Zoning Districts: HC, HI, LI, RA Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Required Plans: a. Approval from all required State and federal agencies. b. Scaled drawings of all locations and sizes of landing strips and all existing and proposed structures. c. Location and type of security lighting. d. Anticipated type of and extent of use, including the type of aircraft and an approximate number of flights. e. Map of all property within five hundred feet of the proposed airfield, including names of property owners. DR A F T Page 266 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 200 AMUSEMENTS (COMMERCIAL, INDOOR) Zoning Districts: CEO, CS, E-1, HC, GC, LC, RBO Screening and Fencing: Where the property adjoins a residential use, a Level III buffer shall be required. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Required Plans: a. Topography of the site at contour intervals no greater than five feet. b. Location and approximate size of all existing and proposed buildings and structures within the site, and existing buildings and structures within five hundred feet of the site. c. Location and type of security lighting. d. Proposed points on ingress and egress, together with the proposed pattern of internal circulation. e. Proposed parking areas. f. Proposed provision for storm and sanitary sewerage, including both natural and man-made features, and the proposed treatment of ground cover, slopes, banks, and ditches. g. Proposed hours and days of operation. DR A F T Page 267 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 201 CAMPING (INCLUDING TENTING AND OTHER FORMS OF COVERED CAMPING) Zoning Districts: CEO, E-1, RA, RBO, RM Minimum Area: Five acres in CEO, RA, RBO, and RM. Ten acres with one hundred feet front yard depth in E-1. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Site Considerations: Trailers shall be separated from each other and other structures by at least fifteen feet. Any accessory structure, such as attached awnings, carports, or storage facilities, shall be considered part of the trailer. The minimum size of space shall be as required by Randolph County Public Health. There shall be at least one recreation area that shall be accessible from all trailer spaces. The size of such a recreation area shall not be less than eight percent of the gross site area. Roadways shall be stabilized with gravel or crushed rock and of adequate width to accommodate anticipated traffic, and in any case, shall meet the following minimum requirements: a. One-way, no parking: twelve feet; or b. Two-way, no parking: twenty-four feet. No roadway parking shall be permitted. The water supply, the sewerage system, and service buildings shall be reasonably accommodated and shall meet the requirements of the appropriate State and County regulatory agency. Screening: A Level III buffer shall be required in all districts where the use is permitted. Required Plans: a. Topography of site, at contour interval no greater than five feet. DR A F T Page 268 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 202 b. Location and approximate size of all existing and proposed buildings and structures within the site and existing buildings and structures within five hundred feet adjacent thereto. c. Proposed points of ingress and egress, together with the proposed pattern of internal circulation. d. Proposed parking areas. e. Proposed provision for storm and sanitary sewerage, including both natural and man-made features, and the proposed treatment of ground cover, slopes, banks, and ditches. Space Rental: Spaces shall be rented by the day. DR A F T Page 269 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 203 CONVENIENCE STORE (WITH OR WITHOUT GAS PUMPS) Zoning Districts: HC, RBO Screening and Fencing: Where the property adjoins a residential use, a Level III buffer shall be required. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Required Plans: a. Site plan showing all buildings, including dimensions of buildings, and gas tanks (if any). b. Proposed points of access, egress, and pattern of internal circulation. c. Layout of parking spaces. d. Location and type of security lighting. DR A F T Page 270 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 204 DATA PROCESSING FACILITY Zoning Districts: HI Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Site Considerations: The use of cargo containers, railroad cars, truck trailers, and other similar containers is strictly prohibited. All outdoor equipment shall be at least 1,000 feet from any schools, daycare facilities, hospitals, churches, youth camps, public parks, community centers, community recreation centers, and existing residential structures. Required Plans: a. Scaled drawings of all locations and sizes of all buildings, including noise-muffling devices. b. Site plan showing any schools, daycare facilities, hospitals, churches, youth camps, public parks, community centers, community recreation centers, and existing residential structures within 1,000 feet of any outdoor equipment. c. Location and type of security lighting. d. Location and total power supplied by any solar panels. e. If solar panels are included on the site and not on the building, the provisions under Article 600, Section 621, Detailed Regulations for Specific Uses, Solar Energy Facility shall apply. f. Information stating that all electronic waste generated at the facility will be handled by a North Carolina Department of Environmental Quality licensed electronic waste recycling firm. Screening: A Level III buffer around the property lines. DR A F T Page 271 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 205 DAY CARE FACILITY (CORPORATE) Zoning District: HI Minimum Lot Area: As prescribed by State regulations, where applicable. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Screening and Fencing: Playspace shall be enclosed by a fence at least four feet high. Required Plans: a. No plans are required if the facility is inside the commercial structure. Other Requirements: All required State licenses and permits. DR A F T Page 272 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 206 DAY CARE FACILITY (FREESTANDING) Zoning Districts: CC, CEO, CS, E-1, GC, HC, LC, LI, RA, RBO, RM, RR Minimum Lot Area: As prescribed by State regulations, where applicable. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Screening and Fencing: Playspace shall be enclosed by a fence at least four feet high. Required Plans: a. Location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto. b. Proposed points of access and egress, and pattern of internal circulation. c. The layout of parking spaces. d. Location and extent of an open play area. e. Location and type of security lighting. Other Requirements: All required State licenses and permits. DR A F T Page 273 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 207 EVENT CENTER Zoning Districts: HC, RBO Site Considerations: Landscaping of the site shall be done by installing and maintaining a Level III buffer. Sign Requirements: Signs shall be permitted as described in Article 600, Section 635, Signs, later in this Ordinance. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Required Plans: a. Site plan showing all buildings, including dimensions of buildings, maximum occupancy, and ways that sound will be controlled to minimize impacts on adjoining property. b. Proposed points of access, egress, and pattern of internal circulation. c. Layout of parking spaces. d. Location and type of security lighting. e. Emergency action plan in case of an emergency. DR A F T Page 274 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 208 GROUP HOME Zoning Districts: CEO, OI, RA, RM Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Other Requirements: a. Signs shall be permitted as described in Article 600, Section 635. b. All group homes shall be licensed and/or sponsored by the appropriate State or local agency. c. The zoning lot on which one rehabilitation residence is proposed shall not be located within a one-half-mile radius of a zoning lot containing another such facility. DR A F T Page 275 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 209 HOSPITALS, REST HOMES, NURSING HOMES Zoning Districts: CEO, E-1, OI, RA, RM, RR Minimum Lot Area: Minimum lot area of the district in which located plus 1,000 square feet for each person to be accommodated. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Required Plans: a. Location and approximate size of all existing and proposed buildings and structures within the site and on adjacent lots. b. Proposed points in ingress, egress, and pattern of internal circulation. c. Layout of parking spaces. Other Requirements: Must meet all requirements for licensing by the State of North Carolina. When located in a residential district, there must be ample site area, adequate open space on all sides of the proposed structure, and other considerations, including a Level III buffer, to preserve the character of the neighborhood so that the residential nature will be preserved. DR A F T Page 276 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 210 HOTELS, MOTELS Zoning Districts: CEO, CS, E-1, GC Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Site Considerations: a. Locations for hotels or motels shall abut a major highway or collector street and shall have access thereto. b. The minimum front yard shall be one hundred feet. Yards shall be used only for driveways, landscaping, and screening. c. Points of ingress and egress shall consist of a driveway or roadway at least twenty feet in width and shall be located a sufficient distance from highway intersections to minimize traffic hazards, inconvenience, and congestion. d. Parking areas shall have a paved surface, and all parking areas and traffic lanes shall be marked. Screening, Buffers: Where the property adjoins a residential use, a Level III buffer shall be required. Required Plans: Plans shall be submitted as may be required: a. The topography of the site, at contour intervals no greater than five feet. b. Dimensions of the property and adjacent lots, and streets. c. Location and proposed use of all buildings, with dimensions and ground area thereof. d. Traffic circulation and parking areas with spaces. e. Service areas, off-street loading facilities, service drives, and dimensions thereon. DR A F T Page 277 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 211 f. A title, giving the names of the developers, the date, the scale of the plan, and the person or firm preparing the plan. g. Proposed landscaping, with property buffers between other uses. h. Size and location of signs. i. Proposed water system and firefighting facilities, such as hydrants or sprinkler connections. j. Erosion and sedimentation control plan. k. Location and type of security lighting. DR A F T Page 278 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 212 JUNKYARD, SCRAP PROCESSOR, AUTO WRECKING ESTABLISHMENTS Zoning Districts: HI, LI Required Area: Junkyards and scrap processors, as defined in Article 100, Section 102, must be located on a minimum of three acres of land. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Screening: Screening is required, which completely screens from view the stored items. Such screening shall be a durable wall or fence at least eight feet in height that completely screens from view the stored material. A Level III buffer shall also be required. Required Plans: The Randolph County Planning Board may require the submission of plans showing the location of existing and proposed structures within the site and existing structures, and such other information as may be necessary to judge the probable effect of the proposed activity on neighboring properties, and to carry out the intent of this Ordinance. DR A F T Page 279 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 213 LANDFILL Zoning District: RA Screening: a. A Level I buffer shall be maintained along landfill property boundaries consisting of natural vegetation. Existing vegetation shall be used where possible. Where vegetation is nonexistent, screening shall consist of thickly planted evergreens planted in staggered rows. Trees shall be of such height when planted that they shall reach a height of ten feet in two years and be maintained by the property owner. b. Buffers may be used to satisfy minimum landfill setback requirements, installation of utilities and road access, and security fencing. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Required Plans: All landfill plans and designs shall strictly follow: a. The requirements and provisions of the Solid Waste Act of 2007 and any subsequent modifications or amendments to the Act; b. Rules governing sanitary landfills established in North Carolina Administrative Code Title 15A, Chapter 13B, and any subsequent modifications or amendments to applicable Rules; c. Any other rules applicable to landfills that have been adopted by State agencies with oversight of the activity in question; d. The terms and requirements of Permit to Construct and Permits to Operate issued by the NC Department of Environment and Natural Resources, and any modifications or amendments to such permits; DR A F T Page 280 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 214 e. The terms of a driveway permit issued by the NC Department of Transportation and any other traffic improvements required by NCDOT; f. Conditions and requirements of a franchise Ordinance adopted by Randolph County and any subsequent modifications or amendments to this Ordinance; and g. Conditions and requirements adopted according to a Special Use Permit issued to the owner or operator that responds to and addresses specific local matters. DR A F T Page 281 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 215 MANUFACTURED HOME PARK Zoning District: RM Minimum Lot Size: a. 40,000 square feet with individual well and septic system; 40,000 square feet inside the watershed or 80,000 square feet inside the water critical area. b. 15,000 square feet with an individual septic system and public or community water system; 40,000 square feet inside the watershed or 80,000 square feet inside the water critical area. c. 15,000 square feet with individual well and public community sewer; 40,000 square feet inside the watershed or 80,000 square feet inside the water critical area. d. 15,000 square feet with public or community water and sewer system; 40,000 square feet inside the watershed or 80,000 square feet inside the water critical area. e. All lot sizes may be increased by the Randolph County Planning Board to protect public health, safety, and welfare. Signs: Signs shall be permitted as described in Article 600, Section 635. Setbacks and Buffers: a. Twenty feet minimum setback for all manufactured homes from the front lot line of the park. This area may be used for required parking. b. Twenty feet minimum clearance between manufactured homes. c. Twenty-five feet minimum setback from adjoining property lines. Site Development: a. Off-street parking spaces shall be provided with each manufactured home park at a ratio of at least two spaces per lot, the minimum of which shall be at least nine feet by eighteen feet. DR A F T Page 282 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 216 b. Manufactured homes shall be located so that there is at least twenty feet of clearance between manufactured homes. c. Each manufactured home park shall have located at its primary entrance a permanent, non-lighted sign, not to exceed twelve square feet, indicating the park's name. d. Each proposed lot in a manufactured home park shall be clearly marked by a permanent lot number sign or marker that identifies each manufactured home lot. The lot number shall be such that the location is readily identifiable by emergency personnel and inspectors. The lot number sign or marker shall be located on each manufactured home park lot or each manufactured home, but the method must be consistent throughout. Numbers shall be at least four inches high and with a reflective surface. e. Manufactured home park lots shall be properly staked. Road Systems: Roads shall be constructed to the NCDOT, Division of Highway, minimum standards. The most recent edition of Subdivision Roads, Minimum Construction Standards, shall be used as a guideline with the following exceptions: a. Roads do not have to be paved. b. The base can be reduced to four inches of stabilized material. All roads within new parks or additions to existing parks shall have a forty- five-foot minimum right-of-way and a four-inch minimum stabilized base. Application Process: a. The developer shall have a registered surveyor prepare a survey plat. The plat shall be drawn to scale on a map size of eighteen inches by twenty-four inches, twenty-one inches by thirty inches, or twenty-four inches by thirty inches, or twenty-four inches by thirty- six inches, and shall clearly set out the following, and may be required: (1) The name of the proposed park, the names and addresses of the owner(s), and the name and address of the surveyor. DR A F T Page 283 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 217 (2) The plat shall contain a smaller general location map that indicates the township and school district of the proposed park. (3) Date, graphic scale, and approximate north arrow. (4) Boundaries of the tract are shown with bearings and distances. (5) Site plan showing streets, driveways, open areas, parking spaces, service buildings, watercourses, easements, and all structures to be located on the park site and all existing structures. (6) Surface water drainage plans for the topography of the site, where new roads may require it. (7) The number, size, and location of all manufactured home spaces. (8) The plat shall state the source of water and sewer supply and the type of distribution system. (9) If appropriate, the plat shall show the location and specifications of water taps, sewage disposal connections, and other facilities on each manufactured home park space, if required by Randolph County Public Health. (10) The plat shall indicate the names and addresses of all adjoining property owners or residents of adjoining occupied residences. b. Signs shall be permitted as described in Article 600, Section 635. c. The developer shall take the survey plat to Randolph County Public Health for individual lot evaluations. DR A F T Page 284 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 218 d. The Randolph County Public Health Department shall issue a letter of survey plat approval to the developer. Before issuing this letter of approval, the Randolph County Public Health Department may require letters of approval from State and/or federal agencies. e. The developer shall submit the Randolph County Public Health Department's letter of survey plat approval, one copy of the survey plat, and funds sufficient to pay the Special Use Permit application fee as found on the approved fee schedule. f. The Planning Director shall set and advertise a date and time for a public hearing before the Randolph County Planning Board. g. At the hearing, the Randolph County Planning Board shall consider the evidence as to whether the proposed development complies with the regulations of this Ordinance and whether the proposed development would be detrimental to public safety, health, and welfare. If no such evidence is found, the Randolph County Planning Board shall issue a Special Use Permit. After Permit is Granted: a. The developer shall send a copy of the survey plat to the Soil Erosion Control Section, North Carolina Department of Natural Resources, and Community Development when it is deemed necessary. b. Following the issuance of the Special Use Permit, Randolph County Public Health shall release improvement permits to the developer, who may then begin development. c. After road construction has been completed, Randolph County Code Enforcement Staff shall notify by letter to the Randolph County Planning Director that all new roads have been built to all NCDOT standards as a public road, except for paving. d. When all improvements as required by this Ordinance have been completed, a Certificate of Manufactured Home Park Operation shall be issued. The Certificate of Manufactured Home Park Operation shall be signed by the Randolph County Planning Director and the DR A F T Page 285 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 219 Randolph County Public Health Director certifying that the manufactured home park complies with all County and State regulations. This shall apply to new parks or expansions to existing parks. The manufactured home park developer may then begin placing manufactured homes in the park. e. The manufactured home park developer may begin placing manufactured homes in the park before all improvements have been completed and a Certificate of Manufactured Home Park Operation has been issued if the Randolph County Planning Board grants a waiver allowing the posting of a performance bond that ensures completion of improvements. In granting this waiver, the Randolph County Planning Board shall find that the public welfare, safety, and health will not be endangered. In those cases where a performance bond has been posted and required improvements have not been installed within the terms set by the Randolph County Planning Board, the Randolph County Planning Board may declare the bond in default and require all improvements to be installed. The County may take such actions necessary to collect on the defaulted bond and provide for the completion of the required improvements. DR A F T Page 286 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 220 GENERAL REQUIREMENTS APPLICABLE TO MANUFACTURED HOME PARK OWNERS EROSION CONTROL An erosion control plan that provides information as specified in the regulations of the Land Quality Section of the North Carolina Department of Natural Resources and Community Development shall be submitted to the State agency for all manufactured home parks where one or more acres of land are disturbed. MANUFACTURED HOME PARK OWNERSHIP Manufactured home park operators shall be required under this Ordinance to specifically comply with NCGS § 105-316 (a) (1), which requires that each year, manufactured home park operators furnish the Randolph County Tax Administrator with the name of the owner and a description of each manufactured home located in the park. SALE OF PARKS OR LOTS Manufactured home parks may not be sold or transferred unless the existing water and sewer systems meet Randolph County Public Health Department standards. Individual spaces in a manufactured home park may not be sold unless the individual lot size and road construction meet all County and State regulations. ANIMAL CONTROL Manufactured home park owners shall establish park regulations to ensure adequate control of animals. GARBAGE DISPOSAL The collection of trash and garbage and their disposal shall be provided for in such a manner as to maintain a clean and orderly appearance. Junked vehicles, appliances, furniture, and similar materials shall not be allowed to accumulate on manufactured home park premises. FENCING OF PRIVATE SEWAGE TREATMENT PLANTS Private sewage treatment plants as approved by the North Carolina Division of Environmental Management shall be required to have a chain-link fence a minimum of eight feet in height and locked when the plants are unattended. These requirements shall be retroactive to include existing private sewage treatment plants within Randolph County areas of jurisdiction within 180 days from the adoption of this amendment. WATER SUPPLY All Manufactured Home Parks with less than fifteen spaces or less than twenty-five people shall provide a safe, potable, and adequate water supply. Safe shall be defined as free of bacteria and chemicals that are detrimental to public health, and adequate shall be defined as providing enough water for normally accepted standards of domestic use. DR A F T Page 287 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 221 MINI WAREHOUSE STORAGE FACILITY Zoning District: HC, LI, RBO Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Required Plans: Site plan showing all buildings, parking, ingress, and egress. Level II buffer Location and type of security lighting. DR A F T Page 288 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 222 PLANNED BUSINESS DEVELOPMENT Zoning District: CEO, CS, E-1, GC, HC, LC, LI, RBO Minimum Area: a. 40,000 sq. ft., 250 feet minimum plot width in CEO, CS, HC, and LI b. Three acres, 250 feet minimum plot width in E-1 and RBO Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Site Considerations: a. These developments shall abut a major highway or a collector street and shall have direct access thereto. b. Yards shall be used only for driveways, landscaping, and screening. c. Points of ingress and egress shall consist of a driveway or roadway at least twenty feet in width and shall be located a sufficient distance from highway intersections to minimize traffic hazards, inconvenience, and congestion. d. The number, width, and location of curb cuts shall be such as to minimize traffic hazards, inconvenience, and congestion. e. Parking areas shall have a paved surface, and all parking areas and traffic lanes shall be marked. f. Required buffers when Planned Business Development is in E-1 or adjoins E-1 or a residential zone shall be a Level III buffer. Required Plans: Plans shall be submitted as may be required, showing: a. The topography of the site, at contour interval no greater than five feet; b. Dimensions of the property and adjacent lots and streets; DR A F T Page 289 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 223 c. Location and proposed use of all buildings with dimensions and the ground area thereof; d. Streets, traffic circulation, and parking areas with spaces; e. Service areas, off-street loading facilities, service drives, and dimensions thereon; f. All pedestrian ways; g. A title, giving the names of the developers, the date, the scale of the plan, and the person or firm preparing the plan; h. Proposed landscaping, with property buffers between other uses; i. Signs shall be permitted as described in Article 600, Section 635; j. Proposed water system and firefighting facilities such as hydrants or sprinkler connections; k. The location and heights of all fences, walls, and hedges shall be shown; l. Profiles of publicly maintained water and sewer lines; m. Profiles, cross-sections, and slopes of on-site and off-site ditches carrying water runoff; n. Erosion and sedimentation control plan; and o. Location and type of security lighting. Uses: Uses shall be limited to those permitted by right in the district in which the development will be located, except that in the E- 1 district, only the following uses shall be permitted in a Planned Business Development: a. Any non-residential use permitted by right in the E-1 district; DR A F T Page 290 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 224 b. Bakeries, retail, including manufacturing of goods for sale on the premises only; c. Banks and lending institutions; d. Barbershops and beauty shops; e. Drive-in windows associated with permitted use; f. Flowers, shrubbery, and trees, displays, and sales; g. Food stores, grocery stores, meat markets, bakeries, and delicatessens, provided that all goods produced on the premises shall be sold at retail on the premises where produced; h. Frozen food stores, including locker rental; i. Garden supply and seed stores; j. Laundries and dry cleaning establishments operated in conjunction with customer service counters, if laundering and dry cleaning are permitted on the premises, shall be limited to articles delivered to the premises by customers. Self-service laundromats are permitted; k. Locksmiths and gunsmiths; l. Motels and motor hotels; m. Photographic studios, including the development of film and pictures, when conducted as incidental to the studio; n. Places of indoor entertainment; o. Professional and business offices; p. Public and private clubs; q. Radio, television, and appliance repairs and rental service; DR A F T Page 291 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 225 r. Retail sales of consumer goods, all sales, and products to be located within the retail shop; s. Shoe repair shops; t. Specialty shops; u. Tailor shops; or v. Restaurants, not including curb service restaurants. DR A F T Page 292 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 226 PLANNED RURAL DEVELOPMENT Zoning Districts: E-1, RA, RE, RM, RR Number of Dwellings: No more than four dwelling units, one of which shall be the property owner. There shall be no less than the required area and road frontage per dwelling unit for the district in which the development is located. Site Considerations: a. Points of ingress and egress shall consist of a driveway or roadway with a minimum width of twenty feet and located in such a way as to minimize traffic hazards, inconvenience, and congestion. b. Stormwater and sanitary sewerage shall be provided as approved by the Randolph County Planning Board and Randolph County Public Health. Required Plans: Plans, as may be required, shall be submitted showing: a. Dimensions of the property. b. Location, use, and ownership of all existing and proposed buildings. c. Public and private roads, parking areas. d. Stormwater drainage and sanitary sewer, where applicable. e. The location and heights of all fences, hedges, and natural buffers shall be shown. f. Location of all flood zones and streams. DR A F T Page 293 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 227 PLANNED UNIT DEVELOPMENT Zoning Districts: E-1, RE, RM, RR Minimum Area: a. Five acres in RE, RM, and RR; 10 acres in E-1, provided development is consistent with requirements for water and septic system installations. There shall be no less than the required area per dwelling unit for the district in which the development is located. b. The yard regulations and height regulations outlined in Article 600, Section 631 may be modified for a Planned Unit Development, provided that, for such development, excluding streets, easements, and required buffers but including parks and other permanent open spaces, there shall not be less than the required area per dwelling unit for the district in which such development is located. The development itself shall have a minimum frontage of one hundred feet in all permitted districts that shall be used only for driveways, landscaping, and screening. Site Considerations: a. Points of ingress and egress shall consist of a driveway or roadway with a minimum paved width of twenty feet and shall be located a sufficient distance from highway intersections to minimize traffic hazards, inconvenience, and congestion. b. The number, width, and location of curb cuts shall be such as to minimize traffic hazards, inconvenience, and congestion. c. Parking areas shall have a paved surface, and all parking areas and traffic lanes shall be marked. d. Storm and sanitary sewerage shall be provided as approved by the Randolph County Planning Board and Randolph County Public Health. e. A Level III buffer shall be required. Homeowners’ Association: The developer shall submit a draft of the Articles of Incorporation for the Homeowners' Association. The Articles of Incorporation shall provide that all owners of property within the development share automatic membership rights and DR A F T Page 294 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 228 assessment obligations for the maintenance of commonly owned areas (including recreation areas, open space, and private streets) The automatic membership rights and assessment obligations of all owners of property within the Planned Unit Development shall be so covered by covenants running with the land and other contractual provisions as to ensure the property maintenance of all commonly owned areas and shall include provisions for liens against the individual properties and legally enforceable personal obligations on the part of the individual property owners within the development. Before granting of a Special Use Permit, the Articles of Incorporation shall be approved by the Randolph County Attorney. Required Plans: Plans, as may be required, shall be submitted showing: a. The topography of the site; b. Dimensions of the property and adjacent lots and streets; c. Location, use, and ownership of all buildings, with dimensions and ground area thereof; d. Streets, parking areas with spaces, and channelization. e. All pedestrian ways; f. A title, giving the names of the developers, the date, the scale of the plan, and the person or firm preparing the plan; g. Proposed landscaping, with property buffers between other uses; h. Storm drainage and sanitary sewer, where applicable; i. Signs shall be permitted as described in Article 600, Section 635 later in this Ordinance; j. Proposed water system and firefighting facilities such as hydrants or sprinkler connections; DR A F T Page 295 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 229 k. The location and heights of all fences, walls, and hedges; l. Profiles of publicly maintained water and sewer lines; m. Profiles, cross-sections, and slopes of on-site and off-site ditches carrying water runoff; n. Erosion and sedimentation control plan; o. Location and type of security lighting; and p. Location and amount of recreation area. Common Areas: Land not shown as lots or reserved for residential development shall be commonly owned land. Such land shall be designated on the development plan as a common area to be held in separate ownership for the use and benefit of residents of the Planned Unit Development. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. DR A F T Page 296 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 230 PUBLIC UTILITIES Zoning Districts: Any district. Screening and Fencing: Substations and transformer stations shall be enclosed by a fence not less than eight feet in height. Required Plans: a. Location and approximate size of all existing and proposed structures within the site and all buildings and structures within five hundred feet. b. Proposed points of access and egress c. Location and arrangement of all proposed off-street parking d. Other details: (1) A Level III buffer shall be required when the location of the public utility abuts residential property; and (2) The anticipated service area of the facility to be constructed. DR A F T Page 297 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 231 RURAL FAMILY OCCUPATIONS OF COMMERCIAL NATURE Zoning Districts: E-1, RA, RE, RM, RR Requirements: a. Owner must reside on the property on which the business is located. b. Unlike home occupations, Rural Family Occupations of a Commercial Nature may be conducted within an accessory building that meets the North Carolina State Building Code. c. The business use must be set back at least fifty feet from the road rights-of-way. d. Business use shall not create any noxious fumes, odors, traffic congestion, or other nuisance factors. e. Restrictions as to fencing, indoor storage, and other appearance criteria may be added, as necessary. Signs: Signs shall be permitted as described in Article 600, Section 635. DR A F T Page 298 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 232 SCHOOLS, ACADEMIC AND BUILDING/TRADE Zoning Districts: Academic schools: All districts where permitted by Special Use. Business/Trade: CC, CS, E-1, GC, HC, LC, OI, RA, RBO, RM, RE, and RR. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Required Plans: a. Location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto. b. Proposed points of access and egress, and pattern of internal circulation. c. The layout of parking spaces. d. Signs shall be permitted as described in Article 600, Section 635. e. Statement from the public utilities that the Board of Education has submitted a written inquiry as to whether the system has the capacity to serve the school facility as outlined in NCGS § 115C-521 and that such capacity has been reserved for the school system. f. Other details: (1) Location and extent of open recreation or training area; (2) Estimated number of students; and (3) Subjects to be taught outside of regular classroom facilities (e.g., in laboratories, gyms) DR A F T Page 299 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 233 SEPTAGE LAND APPLICATION SITE Zoning District: RA Required Plans: Scaled drawings of location and size of proposed sites; all existing and proposed structures; topography; flood zones; streams; location of the residence on all adjoining property, and proposed access routes into the property. Certificate by the State Division of Health Services that the proposed site would meet the minimum criteria established by North Carolina General Statutes. Certification by Randolph County Public Health that the proposed site would comply with local health regulations relative to septage disposal management. The Randolph County Planning Board may require any additional plans or information as it may deem necessary to judge the probable effect of the proposed site on neighboring properties and to safeguard the intent of the County land-use plan for the area in promoting public health, safety, and welfare. Other Requirements: a. No Septage Land Application Site shall be permitted within the designated Watershed Protection jurisdiction of Randolph County. This shall include specific reference to those areas designated as Watersheds for Randolph County. b. Only that individual receiving a permit is authorized to utilize the site for septage disposal and shall be responsible for compliance with all additional State and local regulations. c. All septage applied to land and permitted must be generated from within Randolph County unless specific authorization is granted in the review process. d. Randolph County Public Health shall be responsible for conducting regular inspections of approved septage sites to ensure compliance with local and State regulations. DR A F T Page 300 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 234 SHOOTING RANGE Zoning District: HI Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Site Consideration: a. All these regulations shall apply equally if the range is for-profit or not-for-profit. b. A shooting range shall be at least 1,000 feet from any school facility, church facility, or camp facility. Required Plans: a. A Level III buffer shall be installed and maintained along all property lines. b. A plan for securing the property (to prevent individuals from wandering onto the property) must be submitted along with the application. c. A plan for a berm that will collect and capture all fired projectiles shall be included with the application. d. A map showing all properties within five hundred feet of the proposed location, along with the property owner’s name. e. The Randolph County Planning Board shall be provided with the hours and days of operation with the application. f. Location and type of security lighting. DR A F T Page 301 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 235 SKILLS GAMES, GAMES OF CHANCE Zoning District: CC, CS, GC, HC, and LC. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Site Considerations: a. Skills games or games of chance shall be located at least 1,000 feet from any school facility, church facility, or manufacturing/industrial facility. b. When the operation adjoins a residential area, a Level III buffer shall be planted and maintained. Required Plans: a. A detailed drawing of the property showing the building location and adequate parking area. The drawing shall also include an interior floor plan. The plan shall also include the location of any emergency exits. b. The applicant for skills games or games of chance operations shall include hours and days of operation, along with the application. c. A location and type of security lighting plan shall be submitted. d. An emergency action plan shall be submitted with the application. DR A F T Page 302 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 236 SMALL BOX DISCOUNT STORE Zoning District: CC, GC, and LC. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Required Plans: a. A Level III buffer between residential zoning or current residential uses. b. Site Plan showing all buildings, including dimensions of buildings. c. Proposed points of access, egress, and patterns of internal circulation. d. Layout of parking spaces. e. Location and type of security lighting. f. No more than seventy percent of the building exterior shall be metal. DR A F T Page 303 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 237 SOLAR ENERGY FACILITY Zoning District: HI, LI, RIO Screening and Fencing: Solar Energy Facilities shall be enclosed by a fence not less than eight feet in height. Solar Energy Facilities shall maintain a Level III Buffer. Required Plans: a. Dimensions of the property and adjacent lots and streets. b. Location, use, and ownership of all existing and proposed buildings, and their dimensions. c. Streets, traffic circulation, and parking areas with spaces. d. Services areas, off-street loading facilities, service drives, and dimensions thereon. e. Location of all proposed landscaping, with property buffers between other uses and open spaces. f. Location of all flood zones and streams. g. Stormwater drainage and sanitary sewer where applicable. h. Erosion and sedimentation control plan. i. Location and type of security lighting. Signs: Signs shall be permitted as described in Article 600, Section 635. Other Requirements: a. The applicant will be required to submit a plan that will show scheduled maintenance of the property (trimming of vegetation, routine maintenance of the equipment). Decommissioning Requirements: The owner of a utility-scale solar project shall submit a decommissioning plan to Randolph County and the North Carolina Department of Environmental Quality for approval, which shall be prepared, signed, and sealed by a professional engineer licensed in the State and shall contain all the following information: DR A F T Page 304 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 238 (i) The name, address, and contact information for the owner of the project, and the name, address, and contact information for the landowner of the property on which the project is sited, if different than the owner. (ii) A narrative description of how the decommissioning will be conducted, including the decommissioning sequencing; the disposition of materials to be used upon decommissioning, such as landfilling, reuse, or recycling of project equipment, which shall specifically delineate methods to be used for solid and hazardous waste; and a schedule for completion of the decommissioning activities. (iii) Information on equipment proposed to be salvaged, including the estimated salvage value of the equipment to determine financial assurance. (iv) Information on steps to be taken to restore the property in compliance with the Decommissioning Requirements above. (v) A cost estimate for decommissioning the project and restoration of the property in compliance with the Decommissioning Requirements above. (vi) The proposed mechanism to satisfy the financial assurance requirements established under the Financial Assurance Requirement found in Session Law 2023-58, including information on which legal entity will establish the mechanism, when it will be established under the requirements of this section, and how the North Carolina Department of Environmental Quality will access the funds from the mechanism if needed. DR A F T Page 305 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 239 SPECIAL EVENTS Zoning Districts: RA, E-1 if the use will exceed 15 calendar days at a time or occurs more than two times per year. Minimum Lot Size: Five acres. Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Setbacks: One hundred feet from any residential use. Calendar Days: Calendar days shall be counted from the date the event starts until the day the event ends. If an event is only held on weekends, the first day (e.g., Friday) the event is open to the public shall count as day one. At the end of the first weekend, the count shall be three days. The days the event is closed shall not count towards the total calendar days of operations. Permit Required: If the event meets the definition and requirements of this section, a Temporary Special Use Permit shall be required. The Temporary Special Use Permit shall contain: a. Site plan showing any structure or trail that will be used for the event; b. Dates and time of operation; c. Maximum capacity of the event; d. Access points for attendees and emergency responders; and e. Amount of parking and locations for parking. A Temporary Special Use Permit shall be valid for one calendar year and may be renewed annually by the completion of a new application and payment of any fees. If the event exceeds fifteen calendar days or shall occur more than two times a year, a Special Use Permit shall be required with all the above information contained on a site plan and the application for a Special Use Permit. DR A F T Page 306 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 240 STORAGE OF FLAMMABLE LIQUIDS (IN BULK) ABOVE GROUND (FOR DISTRIBUTION AND WHOLESALE) Zoning Districts: HI, LI Required Plans: a. Location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto. b. The storage capacity of all storage units. c. Proposed layout of pipelines. d. Location and type of security lighting. e. Level II Buffer. Signs: Signs shall be permitted as described in Article 600, Section 635. Other Requirements: a. Written comments and the approval of the Randolph County Fire Marshall shall be obtained before a Special Use Permit is granted. b. The storage of flammable liquids (in bulk) above ground (for distribution and wholesale) is not allowed in any of the watersheds of Randolph County. DR A F T Page 307 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 241 TELECOMMUNICATION TOWER Zoning Districts: All districts. Guidelines and Requirements: Except as expressly stated, nothing in this Ordinance shall limit Randolph County from regulating applications to construct, modify, or maintain wireless support structures, or construct, modify, maintain, or collocate wireless facilities on a wireless support structure based on consideration of land use, public safety, and zoning considerations, including aesthetics, landscaping, structural design, setbacks, and fall zones, or State and local building code requirements, consistent with the provisions of federal law provided in NCGS § 160D-930. For purposes of this Ordinance, public safety includes, without limitation, federal, State, and local safety regulations, but does not include requirements relating to radiofrequency emissions of wireless facilities. Any person who proposes to construct a new wireless support structure or substantially modify a wireless support structure within the planning and development regulation jurisdiction of a local government must do both of the following: Submit a completed application with the necessary copies and attachments to the appropriate planning authority; and Comply with any local ordinances concerning land use and any applicable permitting processes. Purpose and Compliance: The purpose of this section is to ensure the safe and efficient integration of facilities necessary for the provision of advanced mobile broadband and wireless telecommunications services throughout the community and to ensure the ready availability of reliable wireless service to the public, government agencies, and first responders, to further the public safety and general welfare. The deployment of wireless infrastructure is critical to ensuring first responders can provide for the health and safety of all residents of North Carolina and, consistent with section 6409 of the Middle-Class Tax Relief and Job DR A F T Page 308 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 242 Creation Act of 2012, 47 USC § 1455 (a), create a national wireless emergency communications network for use by first responders that in large measure will be dependent on facilities placed on existing wireless communications support structures. Therefore, it is the policy of this State to facilitate the placement of wireless communications support structures in all areas of North Carolina. The following standards shall apply to Randolph County’s actions, as a regulatory body, in the regulation of the placement, construction, or modification of a wireless communications facility. The placement, construction, or modification of wireless communications facilities shall conform with the Federal Communications Act, 47 USC § 332, as amended, section 6409 of the Middle-Class Tax Relief and Job Creation Act of 2012, 47 USC § 1455 (a), and per the rules promulgated by the Federal Communications Commission. Minimum Lot Size: The minimum lot size requirement shall be per the Zoning District in which it is located. Administrative Approvals: The following uses may be approved by the Randolph County Planning Director after conducting an administrative review: a. Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other free-standing, non- residential structure) that is more than fifty feet in height, so long as such addition does not add more than twenty feet to the height of the existing structure; b. Installing an antenna on an existing non- residential structure other than a tower (such as a building sign, light pole, water tower, utility pole, or other free-standing, non-residential structure) in any commercial or industrial district that is less than fifty feet in height so long as such addition does not add more than twenty feet to the height of the existing structure; c. Installing an antenna on an existing tower of any height, including a pre-existing tower, and DR A F T Page 309 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 243 further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty feet to the height of said existing tower; or d. Replacing an existing tower that adds no more than twenty feet to the overall height of the existing structure. Required Plans: The site plan drawn to scale must include, but is not limited to, the following information: a. Property lines; b. Proposed structures; c. Existing structures within five hundred feet of any part of the tower structure; d. Proposed points of egress and ingress; e. Fencing and setbacks; and f. Proposed buffers. The site plan shall indicate all locations for equipment buildings in addition to those proposed for use by the applicant. Buffers: In areas where a visual block from adjacent properties is necessary, a Level III buffer shall be required. Fencing: The base of the tower and each guy anchor shall be surrounded by a security fence or wall at least eight feet in height unless the tower and all guy anchors are mounted entirely on a building over eight feet in height. The tower’s guy anchors may be screened or fenced separately to comply with the requirements of this subsection. Setback Requirements: Setback of the base of the tower from all adjacent property lines shall be one foot for each foot in height. This setback may be reduced by the Randolph County Planning Board of Adjustment upon a finding that failure to grant a setback reduction would have the effect of prohibiting the provision of DR A F T Page 310 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 244 personal wireless services, that the reduction serves the general intent and purpose of this section and the adopted Randolph County Growth Management Plan and that the reduction will not substantially interfere with or injure the rights of others whose property would be affected by the reduced setback. In no case shall be setback be reduced to less than fifty percent of the tower height. To encourage shared use of towers, applications for towers that will operate with more than one user immediately upon completion may have a ten percent reduction in the required setbacks, but in no case shall the setbacks be less than those required for the underlying zoning district. Also, to encourage the construction of monopole structures, monopole towers may have a twenty percent reduction in the required setbacks. To encourage the location of towers in existing forested areas with a minimum depth of sixty-five feet, the tower may have a twenty percent reduction in the required setbacks. In no case shall the setback be less than those required for the underlying zoning district. Said setback reductions shall only be allowed upon a professional engineering certification that states that the structure’s construction will cause the tower to crumble inward so that, in the event of a collapse, no damage to structures on adjacent zoning lots will result. Towers shall have a minimum setback of 1,500 feet from other towers unless evidence is provided that demonstrates that reasonable efforts have been made to lease space on an existing tower or that an existing tower will not technically satisfy the applicant’s needs to provide coverage in the area. Site Considerations: No outside storage shall be allowed on any telecommunication facility site. Associated buildings located in any residential district shall not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments. The color of the tower shall be neutral, except to the extent required by Federal law, to minimize its visual impact. No commercial advertising shall be allowed on the facility’s site. Other Requirements: Communication companies are encouraged to locate telecommunication antennas on or in structures other than a DR A F T Page 311 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 245 tower. Such structures may include church steeples, transmission line towers, utility/light poles, and water towers. Where such facilities are not available, co-location of facilities is encouraged. Priority for co-location on the proposed tower shall be given to antennas that will serve a public safety need for Randolph County. Evidence that the applicant has investigated the possibilities for locating the proposed facilities on an existing tower where a minimal level of coverage can be provided. Such evidence shall consist of: a. Copies of letters sent to owners of all existing towers within a one-mile radius of the proposed site, requesting the following information: (1) tower height; (2) existing and planned tower users; (3) whether the existing tower could accommodate the proposed antenna without causing instability or radio frequency interference; and (4) if the proposed antenna cannot be accommodated on the existing tower, an assessment of whether the existing tower could be structurally strengthened or whether the antenna’s transmitters and related equipment could be protected from electromagnetic interference, and a general description of the means and projected cost of shared use of the existing tower. b. A copy of all responses required by subsection 4a (1); c. A summary explanation of why the applicant believes the proposed facility cannot be located on an existing tower. d. A summary explanation of why the applicant believes that the use of an alternative tower structure is not possible. DR A F T Page 312 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 246 e. Provision of sound engineering evidence demonstrating that location in the proposed district is necessary and in the interest of public safety or is a practical necessity. Evidence that the tower will be utilized by a wireless provider. Under section 6409 of the Middle-Class Tax Relief and Job Creation Act of 2012, 47 USC § 1455 (a), Randolph County may not deny and shall approve any eligible facilities request as provided in this section. Nothing in this Part requires an application and approval for routine maintenance or limits the performance of routine maintenance on wireless support structures and facilities, including in-kind replacement of wireless facilities. Routine maintenance includes activities associated with the regular and general upkeep of transmission equipment, including the replacement of existing wireless facilities with facilities of the same size. Randolph County may require an application for collocation or an eligible facility request. A collocation or eligible facilities request application is deemed complete unless Randolph County provides notice that the application is incomplete in writing to the applicant within 45 days of submission or within some other mutually agreed upon period. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. Randolph County may deem an application incomplete if there is insufficient evidence provided to show that the proposed collocation or eligible facilities request will comply with federal, State, and local safety requirements. Randolph County may not deem an application incomplete for any issue not related to the actual content of the application and subject matter of the collocation or eligible facilities request. An application is deemed complete on resubmission if the additional materials cure the deficiencies indicated. Randolph County shall issue a written decision approving an Eligible Facilities Request Application within 45 days of such application being deemed complete. For a collocation application that is not an eligible facility request, Randolph County shall issue its written decision to approve or deny the application within 45 days of the application being deemed complete. DR A F T Page 313 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 247 Randolph County may impose a fee not to exceed $1,000 for technical consultation and the review of a collocation or eligible facilities request an application. The fee must be based on the actual, direct, and reasonable administrative costs incurred for the review, processing, and approval of a collocation application. Randolph County may engage a third- party consultant for technical consultation and the review of a collocation application. The fee imposed by Randolph County for the review of the application may not be used for either of the following: Travel expenses incurred in a third-party review of a collocation application; or Reimbursement for a consultation or other third party based on a contingent fee basis or results- based arrangement. Evidence that the communications tower is structurally designed to support at least one additional user, and the special use application includes a statement that the owner of the tower is willing to permit other users to attach communication facilities, on a commercially reasonable basis, which do not interfere with the primary purpose of the tower. Towers over 180 feet in height shall be structurally designed and constructed to accommodate at least two additional users. The tower owner may require that such other users agree to negotiate regarding reasonable compensation to the owner from any liability that may result from such attachment. The telecommunications tower shall meet all applicable FAA standards, Randolph County Municipal Airport Overlay District Standards, and shall not restrict or interfere with air traffic or air travel from or to any existing or proposed airport. Applicant must provide evidence that the tower would meet all FAA standards before issuance of permits to construct. Any lighting shall not project onto the surrounding residential property. The Randolph County Planning Director shall notify all known airports within a five-mile radius of the application to locate a tower. To protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation, such as a signed affidavit, indicating that the DR A F T Page 314 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 248 power density levels do not exceed levels certified by the FCC. Notice shall be provided to the Randolph County Planning Director when the tower is placed out of service. Towers that are not used for six months or more shall be removed by the property owner within 120 days. Randolph County’s review of an application for the placement or construction of a new wireless support structure or substantial modification of a wireless support structure shall only address public safety, land development, or zoning issues. In reviewing an application, Randolph County may not require information on or evaluate an applicant’s business decisions about its designed service, customer demand for its service, or quality of its service to or from an area or site. Randolph County may not require information that concerns the specific need for the wireless support structure, including whether the service to be provided from the wireless support structure is to add additional wireless coverage or additional wireless capacity. Randolph County may not require proprietary, confidential, or other business information to justify the need for the new wireless support structure, including propagation maps and telecommunication traffic studies. In reviewing an application, the local government may review the following: Applicable public safety, land-use, or zoning issues addressed in its adopted regulations, including aesthetics, landscaping, land-use- based location priorities, structural design, setbacks, and fall zones; Information or materials directly related to an identified public safety, land development, or zoning issue including evidence that no existing or previously approved wireless support structure can reasonably be used for the wireless facility placement instead of the construction of a new wireless support structure that residential, historic, and designated scenic areas cannot be served from outside the area or that the proposed height of a new wireless support structure or initial wireless facility placement or a proposed height increase of a substantially modified DR A F T Page 315 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 249 wireless support structure or replacement wireless support structure is necessary to provide the applicant's designed service; and Randolph County may require applicants for new wireless facilities to evaluate the reasonable feasibility of collocating new antennas and equipment on an existing wireless support structure or structures within the applicant's search ring. Collocation on an existing wireless support structure is not reasonably feasible if collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter a contract for such use at fair market value. Randolph County may require the information necessary to determine whether collocation on existing wireless support structures is reasonably feasible. DR A F T Page 316 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 250 WAREHOUSING AND DISTRIBUTION Zoning District: HI Parking: Off-street parking and loading shall be provided per Article 600, Section 634. Signs: Signs shall be permitted as described in Article 600, Section 635. Required Plans: Site plan Location and type of security lighting A buffer plan. DR A F T Page 317 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 251 622: TEMPORARY HEALTH CARE STRUCTURES A. DEFINITIONS The definitions used in this section are included in Article 100, Section 102. B. PERMITTED ACCESSORY USE Randolph County shall consider a temporary family health care structure used by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver as the caregiver's residence as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings. C. ZONING DISTRICTS Randolph County shall consider a temporary family health care structure used by an individual who is the named legal guardian of the mentally or physically impaired person a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings per this section if the temporary family health care structure is placed on the property of the residence of the individual and is used to provide care for the mentally or physically impaired person. D. ONE PERMITTED PER PARCEL Only one temporary family healthcare structure shall be allowed on a lot or parcel of land. The temporary family health care structures under subsections (B) and (C) of this section shall not require a Special Use Permit or be subjected to any other Randolph County zoning requirements beyond those imposed upon other authorized accessory use structures, except otherwise provided in this section. Such temporary family healthcare structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor-area-ratio limitations that may apply to the primary structure. E. PERMIT REQUIRED Any person proposing to install a temporary family health care structure shall first obtain a permit from Randolph County. Randolph County may not withhold a permit if the applicant provides sufficient proof of compliance with this section. Randolph County requires that the applicant provide evidence of compliance with this section on an annual basis while the temporary family healthcare structure remains on the property. The evidence may involve the inspection by Randolph County of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation and annual renewal of the doctor's certification. F. UTILITIES REQUIRED DR A F T Page 318 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 252 Notwithstanding subsection (I) of this section, any temporary family health care structure installed under this section shall be required to connect to any water, sewer, and electric utilities serving the property and shall comply with all applicable State law, local ordinances, and other requirements as if the temporary family health care structure were permanent real property. G. SIGNS No signage advertising or otherwise promoting the existence of the temporary health care structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property. H. REMOVAL OF FACILITY Any temporary family health care structure installed under this section shall be removed within 60 days when the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. If the temporary family health care structure is needed for another mentally or physically impaired person, the temporary family health care structure may continue to be used or may be reinstated on the property within 60 days of its removal, as applicable. I. REVOCATION OF PERMIT Randolph County may revoke the permit granted according to subsection (E) of this section if the permit holder violates any provision of this section or NCGS § 160A-202. The local government may seek injunctive relief or other appropriate actions or proceedings to ensure compliance with this section or NCGS § 160A-202. J. TAXATION Temporary family healthcare structures shall be treated as tangible personal property for purposes of taxation. 623: FAMILY CARE HOMES A. FINDINGS The General Assembly finds it is the public policy of this State to provide persons with disabilities with the opportunity to live in a normal residential environment. B. DEFINITIONS The definitions used in this part are included in Article 100, Section 102. C. RESIDENTIAL USE OF PROPERTY A family care home shall be deemed a residential use of the property for zoning purposes and shall be a permissible use in all residential districts. DR A F T Page 319 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 253 Randolph County may not require that a family care home, its owner, or operator obtain, because of the use, a Special Use Permit or Variance from any such zoning regulation, provided, however, Randolph County prohibits a family care home from being located within a one-half mile radius of an existing family care home. A family care home shall be deemed a residential use of the property to determine charges or assessments imposed by Randolph County or businesses for water, sewer, power, telephone service, cable television, garbage and trash collection, repairs or improvements to roads, streets, and sidewalks, and other services, utilities, and improvements. 624: FENCES It is recognized by Randolph County that many times, property owners wish to place fences on or around their property to either mark their property boundaries or to keep animals or livestock from wandering. Any applicable deed restrictions or restrictive covenants should be examined to determine additional regulations on the placement of fences. The following regulations shall be followed when establishing new fences or repairing existing fences. 1. No fence shall be located in any road right-of-way or easement for the safety of the traveling public. 2. No fence shall contain any messages or have flashing lights except as allowed by other provisions of this Ordinance. 3. Fences shall not be constructed of any material, such as brick or block, that could cause further injuries in the case of a traffic accident. 625: FENCE WRAPS Fence wraps displaying signage when affixed to perimeter fencing at a construction site are exempt from zoning regulation on signage under this Article until the Certificate of Occupancy is issued for the final portion of any construction at that site or twenty-four months from the time the fence wrap was installed, whichever is shorter. If construction is not completed at the end of twenty-four months from the time the fence wrap was installed, Randolph County may regulate the signage, but shall continue to allow fence- wrapping materials to be affixed to the perimeter fencing. No fence wrap affixed under this section may display any advertising other than advertising sponsored by a person directly involved in the construction project, and for which monetary compensation for the advertisement is not paid or required. DR A F T Page 320 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 254 626: MANUFACTURED HOMES A. FINDINGS The General Assembly finds that manufactured housing offers affordable housing opportunities for low- and moderate-income residents of this State who could not otherwise afford to own their own homes. The General Assembly further finds that some local governments have adopted zoning regulations that severely restrict the placement of manufactured homes. It is the intent of the General Assembly in enacting this section that local governments reexamine their land-use practices to assure compliance with applicable statutes and case law and consider allocating more residential land areas for manufactured homes based upon local housing needs. B. DEFINITIONS For this section, the term manufactured home is defined as provided in NCGS § 143-145 (7). C. ZONING REGULATIONS Randolph County may not adopt or enforce zoning regulations or other provisions that have the effect of excluding manufactured homes from the entire zoning jurisdiction or that exclude manufactured homes based on the age of the home. D. CONFLICTS WITH OTHER REGULATIONS Nothing in this section shall be construed to preempt or supersede valid restrictive covenants running with the land. The terms manufactured home and trailer in any valid restrictive covenants running with the land shall include the term manufactured home as defined in this section. E. SET-UP AND INSTALLATION STANDARDS Randolph County requires by this Ordinance that manufactured homes be installed per the Set-Up and Installation Standards adopted by the North Carolina Commissioner of Insurance; provided, however, Randolph County shall not require a masonry curtain wall or masonry skirting for manufactured homes located on land leased to the homeowner. 627: PUBLIC BUILDINGS Randolph County zoning regulations apply to the erection, construction, and use of buildings by the State of North Carolina and its political subdivisions. Notwithstanding the provisions of any general or local law or ordinance, no land owned by the State of North Carolina may be included within an overlay district or a conditional zoning district without the approval of the Council of State or its delegate. DR A F T Page 321 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 255 628: MULTIPLE HOMES ON ONE PARCEL Multiple homes are allowed on one parcel provided that the following requirements are met. A. No more than two dwelling units are permitted on the parcel, and one of the dwelling units shall be occupied by the owner of the property. B. There shall be no less than the required area and road frontage per dwelling unit for the district in which the development is located. C. Points of ingress and egress shall consist of a driveway or roadway with a minimum width of twenty feet and located in such a way as to minimize traffic hazards, inconvenience, and congestion. D. Stormwater and sanitary sewage shall be provided as approved by the Randolph County Planning Department and Randolph County Public Health. E. Plans, as may be required, shall be submitted showing the following: (1) Dimensions of the property; (2) Location, use, and ownership of all existing and proposed buildings; and (3) Public and private roads. F. Multiple homes are allowed in the E-1, RA, RE, RM, and RR zoning districts. 629: SMALL AREA PLANS A. PURPOSE AND USES PERMITTED Small Area Plans are designed to identify special growth areas and determine whether appropriate tools are in place for managing future growth and development. A key component of these plans is the active involvement of local citizens in the planning of their communities, creating a sense of ownership in the process. The Small Area Plan, along with the Randolph County Growth Management Plan, acts as a foundation and guide for the Randolph County Planning Board in matters of land use. A Small Area Plan helps provide desired land uses and density in a specifically designated location. The permitted uses within a designated small area shall be the DR A F T Page 322 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 256 same as allowed within the underlying district unless otherwise permitted or prohibited on the Small Area Plan. B. SUPPLEMENTAL DISTRICT REQUIREMENTS Small Area Plans may include additional guidelines to the underlying zoning district, such as: 1. DEVELOPMENT The specific development requirements of a specific Small Area Plan shall apply uniformly to all property within said district, as specified in the officially adopted Small Area Plan; and 2. PRESERVATION OF COMMUNITY CHARACTERISTICS Unique characteristics, such as, but not limited to, natural tree growth, forestry management, active farms, low density, and housing types of the designated community in Randolph County will be specified in the Small Area Plan. C. SMALL AREA PLAN Before a Small Area Plan is established for a designated community, a Small Area Plan shall be prepared by the Randolph County Planning and Zoning Department describing the permitted and prohibited uses, conditions, boundaries, and requirements for each proposed area. 630: ADOPTED SMALL AREA PLANS A. BIRKHEAD WILDERNESS/UWHARRIE FOREST SMALL AREA PLAN (1) INTENT The specific intent of the Birkhead Wilderness/Uwharrie Forest Small Area Plan is to establish guidelines for new development and rezoning requests within the designated Rural Growth Area of those properties that lie within the borders of High Pine Church Road, Lassiter Mill Road, and Betty McGee Creek. This specific area consists of established land-use patterns that include agricultural, farm operations, forestry management, and low-density residential development in private ownership that usually exceeds six acres. Development standards will allow residential subdivision development but will maintain the low-density residential land use in a manner that complements the unique character and heritage of the Birkhead Wilderness/Uwharrie Forest area. DR A F T Page 323 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 257 Two types of major subdivisions, called Natural Heritage Subdivision (Overlay District) and Natural Heritage Cluster Subdivision (Overlay District), are specifically designed to accomplish this intent. Conventional Overlay Subdivisions are not allowed in the Birkhead Wilderness/Uwharrie Forest Small Area Plan. To accomplish the objectives of the Birkhead Wilderness/Uwharrie Forest Small Area Plan, the following land use issues shall be considered: (a) Ensure that residential development is consistent with the open character of the rural land uses by requiring either very low-density residential development or the clustering of residential development in ways that are harmonious with the rural land uses and that preserve the general rural character of the area; (b) The base density of natural heritage residential developments shall not exceed the six-acre minimum lot size requirements; (c) Require major residential subdivisions to have a mixture of lot sizes to avoid monotonous streetscapes in the existing community; (d) Provide for the continued practice of agriculture, farm operations, agriculturally related and home-based businesses, forestry management, low-density residential developments, and other uses in a predominantly rural environment; (e) Allow for a broad range of rural economy uses, including traditional and new agricultural uses, agricultural services directly associated with ongoing agricultural activities, and low-impact, non-rural uses that can be developed in ways that are consistent with the rural character of the rural economy uses through mitigation or other standards; (f) Ensure that rural business uses are compatible with permitted residential development; DR A F T Page 324 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 258 (g) Recognize farms and woodlands as an integral part of the County’s open space system; (h) Ensure that new development in the Small Area Plan is consistent with scenic byway preservation; (i) Preserve scenic views by minimizing major residential subdivision visibility from existing roads; and (j) Ensure that new residential development is compatible with the rural forestry and farming operations in the area. 2. RESIDENTIAL DEVELOPMENT GUIDELINES MINIMUM DEVELOPMENT STANDARDS FOR THE BIRKHEAD WILDERNESS/UWHARRIE FOREST SMALL AREA PLAN Minimum lot size 6 acres Minimum front setback requirement for a single-family residence 50 ft. Minimum interior side setback requirement for a single-family residence 30 ft. Minimum rear setback requirements for a single-family residence 50 ft. Minimum lot width requirements for a single- family residence 200 ft. Minimum Interior setback from the property line for an accessory building 5 ft. Minimum setback front street line for an accessory building 20 ft. Table 19: Minimum Development Standards for Birkhead Wilderness Small Area Plan 3. ADDITIONAL DEVELOPMENT REQUIREMENTS FOR RESIDENTIAL OVERLAY DISTRICTS WITHIN THE BIRKHEAD WILDERNESS/UWHARRIE FOREST SMALL AREA PLAN (a) Major residential subdivision developments must maintain one hundred feet of natural buffer along all existing State roads. (b) All lots within major residential subdivisions shall be accessed by newly constructed roads meeting standards established by the County (private roads) or NCDOT (public roads). DR A F T Page 325 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 259 (c) Major residential subdivision tracts shall be restricted against further subdivision. (d) The length of single-access driveways shall not be restricted. (e) Two types of major subdivisions, called Natural Heritage Subdivision (Overlay District) and Natural Heritage Cluster Subdivision (Overlay District), are established: (i) NATURAL HERITAGE CLUSTER SUBDIVISION OVERLAY DISTRICT Natural Heritage Cluster Subdivision Overlay Districts must maintain a base density of one residence per six acres with fifty percent open space. Lot sizes may be flexible with a minimum of three acres per residence within this district. Natural Heritage Cluster Subdivisions shall meet all other cluster/open space subdivision regulations as referenced in Article 600, Section 614; and (ii) NATURAL HERITAGE SUBDIVISION OVERLAY DISTRICT A special Natural Heritage Subdivision Overlay Option is established within this designated area to provide for low-density residential development in the Birkhead Wilderness/Uwharrie Forest Small Area. Housing characteristics will be designated Exclusive (NHOE), Restricted (NHOR), or Mixed (NHOM) in conformance with other major subdivision zoning districts. 4. PURPOSE AND USES PERMITTED IN THE NATURAL HERITAGE SUBDIVISION OVERLAY DISTRICT The Natural Heritage Subdivision Overlay District shall be considered an overlay district to the existing zoning districts. DR A F T Page 326 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 260 Uses permitted within the underlying district shall be permitted, provided they meet the requirements within the overlay zone, subject to the restrictions provided by this section. 5. NATURAL HERITAGE SUBDIVISION DEVELOPMENT STANDARDS Natural Heritage Subdivisions must maintain a minimum lot size of six acres. Lots within the development shall be designed in such a way as to maintain a mixture of lot sizes. Efforts shall be made to prevent development by a checkerboard design. 6. PROHIBITED USES WITHIN THE BIRKHEAD WILDERNESS/UWHARRIE FOREST SMALL AREA PLAN AREA. Subject to the provisions of this overlay zone, all uses permitted in the underlying zoning districts are allowed except those listed below: (a) Off-premise signs; (b) Class-C manufactured homes; (c) Conventional Major Subdivision Overlay Districts; or (d) Rural Lot Subdivision Overlay Districts. 631: DIMENSIONAL REQUIREMENTS AND TABLE OF AREA AND YARD REQUIREMENTS The following Table of Area and Yard Requirements is to be considered the minimum lot sizes and minimum yard regulations in the zoning jurisdiction of Randolph County.DR A F T Page 327 of 517 ARTICLE 600: ZONING ORDINANCE NOTES: Any lots without one hundred feet of State road frontage shall be a minimum of five acres in size. Lot areas and setback shall be increased if required by the Randolph County Public Health Department. Lot areas in designated watershed and water quality critical areas are controlled by the Randolph County Watershed Protection Ordinance. Front yard setback shall be maintained on all road rights-of-way. Minimum lot size requirements within the Primary Growth Area may be reduced to a minimum of 30,000 sq. ft. Minimum lot size requirements within the Primary Growth Area where public utilities exists may be reduced to a minimum of 20,000 sq. ft. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 261 MINIMUM LOT SIZE MINIMUM YARD REGULATIONS DISTRICT AREA IN SQUARE FEET* LOT FRONTAGE WIDTH IN FEET FRONT YARD SETBACK IN FEET* REAR YARD DEPTH IN FEET INTERIOR SIDE YARD WIDTH IN FEET ACCESSORY BUILDING SETBACKS IN FEET CC 40,000 100 35 30 10 20 ft. from a street line; 5 ft. from any lot line. CS 40,000 100 35 30 10 20 ft. from a street line; 5 ft. from any lot line. E-1 40,000 100 35 30 10 20 from a street line; 5 from any lot line. GC 40,000 100 35 30 10 20 ft. from a street line; 5 ft. from any lot line. HC 40,000 100 35 30 10 20 from a street line; 5 from any lot line. HI 40,000 100 35 30 10 20 from a street line; 5 from any lot line. LC 40,000 100 35 30 10 20 ft. from a street line; 5 ft. from any lot line. LI 40,000 100 35 30 10 20 from a street line; 5 from any lot line. OI 40,000 100 35 30 10 20 from a street line; 5 from any lot line. RA 40,000 100 35 30 10 20 from a street line; 5 from any lot line. RE 40,000 100 35 30 10 20 from a street line; 5 from any lot line RM single unit 40,000 100 35 30 10 20 from a street line; 5 from any lot line RM duplex or multi- family 40,000 + 3,000 sq. ft. for each unit over 2 100 35 30 10 20 from a street line; 5 from any lot line RR 40,000 100 35 30 10 20 from a street line; 5 from any lot line Table 20: Dimensional Requirements DR A F T Page 328 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 262 632: NOTES TO THE TABLE OF AREA AND YARD REQUIREMENTS A. MODIFICATION OF REQUIRED YARDS (1) ESTABLISHED AVERAGE FRONT YARD LINES SHALL BE OBSERVED Where lots comprising forty percent or more of the frontage on one side of a block are developed with buildings at the time of adoption of this Ordinance, the average alignment of the existing building along such frontage shall be the minimum front yard required along said side of said block and no building hereafter erected or structurally altered shall project beyond the average front yard lines. (2) AVERAGE FRONT YARD LINES FOR BLOCKS OVER 1,000 FEET LONG Where a block is over 1,000 feet long, the average alignment of the existing buildings for two hundred feet on both sides of the lot in question shall be the front yard line. Where all lots within two hundred feet of a vacant lot in a block over 1,000 feet long are vacant, the minimum front yard for the lot in question shall be given in Article 600, Section 631, for the respective districts. (3) REDUCTION OF MINIMUM FRONT YARDS WHERE ADJOINING LOTS HAVE LESS THAN REQUIRED MINIMUM Where the front yards of adjoining lots on either side of a lot are less than the minimum front yard of the district, the average front yard of the adjoining lots shall be the minimum front yard for such lot, if the buildings on such two adjoining lots are less than one hundred twenty feet apart. (4) CORNER LOTS ADJOINING ALONG THE COMMON REAR LOT LINE Where a corner lot in any district adjoins a corner lot in a residential district, along a common rear lot line, the minimum side yards along the common street line shall be twenty feet. Accessory buildings shall also be subject to this requirement. (5) FRONT YARDS ON THROUGH LOTS On through lots, the minimum front yards for the respective districts shall apply wherever such lots have frontage on a public street. (6) PROJECTION OF SILLS, EAVES INTO REQUIRED YARDS Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections of sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves, provided, however, that DR A F T Page 329 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 263 none of the aforesaid projections shall project into a minimum side yard more than twenty-four inches. (7) PROJECTION OF FIRE ESCAPES INTO REQUIRED YARDS Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, projecting into a minimum yard not more than four feet shall be permitted where so placed as not to obstruct light and ventilation. (8) PROJECTION OF BAY WINDOWS INTO REQUIRED YARDS A bay window occupying not more than thirty percent of the width of the building may project not more than three feet into the front yard. (9) SIGHT DISTANCE AT INTERSECTIONS To provide an unobstructed view to persons using the streets and roads of Randolph County, corner lots shall be clear of all obstructions about two and one-half feet and below ten feet in height, except tree trunks and poles, for twenty feet in each direction from the intersecting point of the edges of the pavement of the streets or roads. (10) YARDS ABUTTING RAILROAD TRACKS No yard shall be required along the side or rear of a non- residential lot where the side or rear, respectively, of such lot abuts a railroad track which is or will be used to provide railroad service to the lot. (11) LOTS WITHOUT STATE ROAD FRONTAGE Any lots without a minimum of one hundred feet of State road frontage shall be five acres in size. B. MODIFICATION OF HEIGHT LIMITS (1) MEASUREMENT OF BUILDING HEIGHT (GENERAL) Except as otherwise provided in this Ordinance, the height of a building shall be the vertical distance from the mean elevation of the finished grade along the front of the building, or from the established grade where the building is within ten feet of the street line, to the highest point of a flat roof, or the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip, and gambrel roofs. (2) PARAPET WALLS AND CORNICES Nothing in this Ordinance shall apply to prevent the erection above the height limit of a parapet wall or cornice, extending above such height limit not more than five feet. (3) APPURTENANT STRUCTURES ON ROOFS DR A F T Page 330 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 264 Skylights, domes, flagpoles, cooling towers, and structures for the housing of elevator equipment, stairways, tanks, fans, air conditioning, or similar equipment required for the operation or maintenance of buildings may be erected above the height limit in any district. (4) FREE-STANDING CHIMNEYS, TANKS: Chimneys, smokestacks, tanks, and similar structures that are structurally independent of a building or located directly upon the land may be erected above the height limit in any district. 633: DEVELOPMENT AGREEMENTS A. AUTHORIZATION The General Assembly finds: (1) Development projects often occur in multiple phases over several years, requiring a long-term commitment of both public and private resources; (2) Such developments often create community impacts and opportunities that are difficult to accommodate within traditional zoning processes; (3) Because of their scale and duration, such projects often require careful coordination of public capital facilities planning, financing, and construction schedules, and phasing of the private development; (4) Such projects involve substantial commitments of private capital, which developers are usually unwilling to risk without sufficient assurances that development standards will remain stable through the extended period of the development; (5) Such developments often permit communities and developers to experiment with different or nontraditional types of development concepts and standards, while still managing impacts on the surrounding area; and (6) To better structure and manage development approvals for such developments and ensure their proper integration into local capital facilities programs, Randolph County needs the flexibility to negotiate such developments. B. AGREEMENTS Randolph County may enter into development agreements with developers, subject to the procedures of this Ordinance. In entering into such DR A F T Page 331 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 265 agreements, Randolph County may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law. C. SUPPLEMENTAL POWERS This power is supplemental to the powers conferred upon Randolph County and does not preclude or supersede rights and obligations established according to other laws regarding development approvals, site-specific vesting plans, phased vesting plans, or other provisions of law. A development agreement shall not exempt the property owner or developer from compliance with the North Carolina State Building Code or local housing codes that are not part of Randolph County’s development regulations. When the Randolph County Planning Board, or the Randolph County Board of Commissioners in the event of an appeal, approve the rezoning of any property associated with a development agreement executed and recorded according to this Ordinance, the provisions of NCGS § 160D-605 (a) shall apply. D. DEVELOPMENT AUTHORIZED Development authorized by a development agreement shall comply with all applicable laws, including all ordinances, resolutions, regulations, permits, policies, and laws affecting the development of the property, including laws governing permitted uses of the property, density, intensity, design, and improvements. 634: OFF-STREET PARKING AND LOADING REQUIREMENTS A. OFF-STREET PARKING STANDARDS TYPE OF USE MINIMUM REQUIRED PARKING Adult entertainment uses 1 per 200 sq. ft. Daycare centers 1 per classroom Dwellings 2 per dwelling unit Funeral services 1 per every 4 seats in the main assembly room Hotels and motels 1 per guest room Indoor recreation centers 1 per 300 sq. ft. Manufacturing businesses 1 per 1,500 sq. ft. Medical offices 1 per examination/treatment room Outdoor recreation centers 1 per every 400 sq. ft. of the area used Places of worship 1 per every 5 seats in the worship area Restaurants 1 per 200 sq. ft. Retail businesses 1 per 400 sq. ft. Schools 1 per 300 sq. ft. Self-storage facility 1 per 2,500 sq. ft. Studios (artist and recording) 1 per 500 sq. ft. DR A F T Page 332 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 266 TYPE OF USE MINIMUM REQUIRED PARKING Theatres 1 per 500 sq. ft. of the seating area Warehouse 1 per 2,500 sq. ft. Wholesale businesses 1 per 1,000 sq. ft. Table 21: Parking and Loading Requirements B. LIGHTING Accessways, walkways, and parking areas shall be adequately lit by lighting fixtures that shall be installed to protect the street and neighboring properties from direct glare or hazardous interference of any kind to the traveling public. C. SAFETY BARRIERS Curbs, walls, fences, or similar devices shall be located along the perimeter of parking lots, garages, and storage areas, except at entrances and exits indicated in approved parking plans. Such barriers will be designed and located to prevent parked vehicles from extending beyond property lines of parking lots and garages and to protect public rights-of-way and adjoining properties from the changing effects of surface drainage. D. PARKING AREAS ADJACENT TO PUBLIC ALLEYS Where off-street parking facilities are located adjacent to a public alley, the width of such alley may be accounted as a portion of the required maneuvering and access area, but not as part of the parking spaces required. E. IMPROVEMENT, DESIGN, AND LOCATION STANDARDS (1) All off-street parking, including exits, entrances, and maneuvering, and parking, shall be graded, shall be permanently maintained by the owners, and shall have: (a) Access to a dedicated street or alley; and (b) Gravel or crushed rock access drives or lanes that are at least ten feet wide for single-lane movement and twenty feet wide for double-lane movement; all business, industrial, and office- institutional uses shall have access drives paved with either asphalt or concrete. (2) Off-street parking areas for more than ten vehicles shall be effectively screened, on each side that adjoins or faces premises situated in any residential or institutional district, by a suitable fence or hedge, at least five feet high. Such fence or hedge shall be maintained in good condition. (3) All parking lots that are used regularly at least five days per week shall be paved with asphalt or concrete up to the required paved driveway, except that this paving requirement DR A F T Page 333 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 267 shall not apply to parking lots used only by churches, private clubs, or similar organizations using said parking facilities on an irregular schedule, and parking lots where ten or fewer spaces are required. (4) Parking may not be assigned to two uses, however, required parking spaces for any number of separate buildings or uses may be combined in one lot. The spaces required for one use may not be assigned to another use at the same time, except that required parking for places of assembly may be assigned to parking spaces that are otherwise assigned to other uses if the parking spaces are normally used at different times. (5) All parking facilities shall be so designed that the required access to public streets shall be by the forward motion of vehicles exiting the parking facility. 635: SIGNS A. INTENT This section intends to authorize the use of signs whose types, sizes, and arrangements are compatible with their surroundings; appropriate to the type and intensity of activity to which they pertain, expressive of the identity of individual properties or occupants or the community, legible in the circumstances in which they are seen, and appropriate to traffic safety. This section provides guidance and standards for the use of signs within the County’s jurisdiction. The placement and maintenance of signs are regulated to promote the health, safety, welfare, convenience, and enjoyment of travel throughout the County. These regulations are also designed to balance the promotion of beneficial commerce and the protection of the community at large. These standards are intended to: (1) Avoid interference with protected free speech; (2) Ensure residents and travelers can locate desired goods, services, and destinations; (3) Ensure that signs serve a compelling public purpose; (4) Promote a positive community appearance and reflect the heritage of the County; (5) Promote economic development and beneficial commerce; (6) Promote traffic safety; DR A F T Page 334 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 268 (7) Protect existing property values of residential and nonresidential parcels; (8) Protect the County from excessive and obtrusive signs; and (9) Regulate signs according to State law and court decisions. B. NO PERMITS REQUIRED The following forms of signs shall not be subject to these regulations and may be installed without obtaining a zoning permit but may be subject to other development standards such as building permits. Applicants shall be responsible for securing all required permits before erecting or modifying any of the following forms of excluded signs: (1) Directional, instructional, or warning signs; (2) Fence-wrap signs as allowed by Section 625 of this Ordinance; (3) Flags of the United States, North Carolina, Randolph County, foreign nations having diplomatic relations with the United States, and any other flags adopted or sanctioned by the County subject to United States Congressional protocol; (4) Flags, emblems or insignia of corporate, political, professional, fraternal, civic, religious, or educational organizations; (5) Historical or memorial plaques, tablets, or markers; (6) Legal notices required by government or public utilities; (7) Signs located on the interior of buildings, courts, lobbies, or other structures that are not intended to be seen from the exterior of the structure; (8) Signs owned or maintained by any governmental organizations; (9) Temporary displays/signs on lots within all zoning districts for sixty days or less; (10) Temporary real estate and construction signs which are removed within seven days of the sale completion; (11) Temporary yard sale signs which are posted for no longer than seven days per sale; or DR A F T Page 335 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 269 (12) Window signs that are painted on or attached to the inside of a window. C. PROHIBITED SIGNS The following forms of signs are prohibited in all zoning districts: (1) Flashing signs; or (2) Signs of any type that imitate or resemble traffic control devices or public safety warning signs. D. STATE AND FEDERAL REGULATIONS All signs permitted by the Ordinance are also subject to any State or Federal regulations as to placement, number of signs, etc. In cases of conflicting regulations, the most stringent regulations will apply. E. COMPUTATION OF SIGN MEASUREMENTS (1) Area for Single Face Sign: The area shall be calculated based on the smallest geometric share (ex. square, circle, rectangle, triangle, or any combination thereof) which composes the extreme limits of the sign together with any materials forming an integral part of the background of the display or used to differentiate the sign from the background but not including any supporting framework, bracing, or decorative fence or wall. For the purpose of this Ordinance, an outdoor advertising sign shall not have multiple sign faces in the same direction. (2) Area for Multi-faced Sign: The area shall be calculated by including all sign faces visible from any one point. When two identical sign faces are placed back to back so that both faces cannot be seen from any point at the same time, and when such sign faces are part of the same structure and are not more than forty-eight inches apart, the sign area shall be computed by the measurement of one of the faces. (3) Area for Three-Dimensional Sign: The area of a three- dimensional sign shall be the same as all vertical sign faces of the smallest cube enclosing the structure. (4) Height: The distance from the base of the sign at the finished grade to the top of the highest component of the sign. The finished grade shall be the grade after construction, excluding any filling, berming, mounding, or excavating solely to place the sign. In no instances, shall a sign be more the thirty- five-foot high. G: LOTS WITH FRONTAGE ALONG MULTIPLE STREETS DR A F T Page 336 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 270 Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. The total sign area that is directed towards a specific street may not exceed the portion of the lot’s total sign area that is calculated from that street frontage or building frontage. The sign frontage on each side facing the streets shall be equal in size. H. CLEAR SIGHT DISTANCE REQUIRED Clear sign distance is required for any street intersection or driveway access point to provide drivers with a clear view of oncoming conflicts. All signs described in this Ordinance shall be located outside of the required sight distance triangle. A 10’ x 70’ sight triangle shall be required at all intersections of all roads along with the required setbacks as per this Ordinance. I. SPECIFICATIONS FOR SPECIFIC SIGN TYPES AGRICULTURAL PRODUCT SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED All zoning districts 1 per lot frontage 16 1 foot for every 1 foot in height 35 No Table 22: Specifications for Agricultural Product Signs CHURCH OR PUBLIC BUILDING SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED All zoning districts 1 per lot frontage 50 1 foot for every 1 foot in height 35 Yes Table 23: Specifications for Church or Public Building Signs COMMERCIAL BUSINESS PARK IDENTIFICATION SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED CC, CS, GC, HI, LC, LI, or OI 1 per lot frontage 16 1 foot for every 1 foot in height 35 No Table 24: Specifications for Commercial Business Park Identification Signs DIRECTIONAL GATEWAY SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED DR A F T Page 337 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 271 All zoning districts 1 per lot frontage 16 1 foot for every 1 foot in height 35 No Table 25: Specifications for Directional Gateway Signs ELECTRONIC CHANGEABLE FACE SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED All zoning districts 1 per lot frontage 1 foot for every 1 foot in height 35 Yes Table 26: Specifications for Electronic Changeable Face Signs GOVERNMENT SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED All zoning districts 1 per lot frontage N/A 1 foot for every 1 foot in height 35 No Table 27: Specifications for Church of Public Building Signs GROUND SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED All zoning districts 1 per lot frontage 100 1 foot for every 1 foot in height 35 Yes Table 28: Specifications for Ground Signs HOME OCCUPATION OR OFFICE SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED All zoning districts 1 per lot frontage 5 1 foot for every 1 foot in height 35 No Table 29: Specifications for Home Occupation or Office Signs OFF-PREMISE CHURCH SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED All zoning districts 1 per lot frontage 5 1 foot for every 1 foot in height 35 No Table 30: Specifications for Off-premise Church Signs DR A F T Page 338 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 272 OUTDOOR ADVERTISING SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED CC, CS, GC, HI, LC, LI, or OI 1 per lot frontage 450 1 foot for every 1 foot in height 35 No Table 31: Specifications for Outdoor Advertising Signs PRINCIPAL USE IDENTIFICATION SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED All zoning districts 1 per lot frontage 5 1 foot for every 1 foot in height 35 No Table 32: Specifications for Principal Use Identification Signs PROJECTING OR SUSPENDED SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED CC, CS, GC, HI, LC, LI, or OI 1 per lot frontage 12 1 foot for every 1 foot in height 35 No Table 33: Specifications for Projecting or Suspended Signs ROOF OR MARQUEE SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED CC, CS, GC, HI, LC, LI, or OI 1 per lot frontage 100 1 foot for every 1 foot in height 35 Yes Table 34: Specifications for Projecting or Suspended Signs SUBDIVISION IDENFITIFCATION SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED All zoning districts 1 per lot frontage 12 1 foot for every 1 foot in height 35 No Table 35: Specifications for Projecting or Suspended Signs DR A F T Page 339 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 273 TEMPORARY PROMOTION OR INFORMATIONAL SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED All zoning districts 1 per lot frontage 32 1 foot for every 1 foot in height 35 No Table 36: Specifications for Temporary Promotion or Informational Signs TEMPORARY REAL ESTATE SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED All zoning districts 1 per lot frontage 32 1 foot for every 1 foot in height 35 No Table 37: Specifications for Temporary Real Estate Signs WALL SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED CC, CS, GC, HI, LC, LI, or OI 1 per lot frontage 100 1 foot for every 1 foot in height 35 Yes Table 38: Specifications for Wall Signs WARNING SIGNS ZONING DISTRICT NUMBER PERMITTED MAXIMUM SIZE (IN SQ. FT) MINIMUM SETBACK FROM ROW MAXIMUM HEIGHT (IN FEET) ELECTRONIC CHANGEABLE ALLOWED All zoning districts 1 per lot frontage N/A 1 foot for every 1 foot in height 35 No Table 39: Specifications for Warning Signs J. SPECIFICATIONS FOR ILLUMINATION Signs may be indirectly illuminated or non-illuminated. K. SPACING OF SIGNS (1) No outdoor advertising sign shall be erected within one thousand linear feet along the same road frontage of another outdoor advertising sign as measured from the signpost. DR A F T Page 340 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 274 (2) No more than three outdoor advertising signs shall be permitted on each side of the road within a two-mile segment. (3) No outdoor advertising sign shall be placed closer than three hundred feet to any residentially zoned property as measured from the signpost. L. MAINTENANCE OF SIGNS (1) No one may damage, trim, or remove trees, shrubs, or other vegetation located within any publicly owned road or highway right-of-way except as permitted by the NCDOT. (2) If the size of the sign does not increase, repairs, reconstruction, and/or modernization of any sign shall be permitted as allowed by NCGS § 136.131.2. Applicants shall be responsible for securing all required permits before repairs, reconstruction, and/or modernization of any sign. B. GENERAL REGULATIONS The regulations contained in this section shall apply to all districts. (1) No sign of any type shall be erected, painted, repainted, posted, reposted, placed, replaced, or hung in any district except in compliance with these regulations. (2) All signs shall be subject to the minimum front, side, and rear yard requirements and the height restrictions of the district in which said signs are located. (3) Illuminated signs and other sources of illumination shall be subject to the provisions of NCGS § 136-32.2 related to the placement of binding, deceptive, or distracting lights. (4) No signs, other than electronic changeable face signs, shall contain flashing lights, except as used to display time and temperature. (5) No sign shall be permitted which duplicates or simulates, whether by design, shape, color, or otherwise, any traffic regulatory sign or other sign placed by a governmental agency in the interest of public health, safety, or welfare. (6) No signs of any nature, except signs erected for orderly traffic control, signs marking sites of historical interest, and signs for other governmental purposes, shall be permitted within any public right-of-way. The Randolph County Planning Director may grant a temporary permit for banners, pennants, and the like to be displayed within a public right-of-way provided that such devices shall be used only for messages of a public DR A F T Page 341 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 275 service nature, such as announcements of charity fund campaigns, conventions, and provided that no such temporary permit shall be valid for more than thirty days. (7) For this Ordinance, the square footage area of any sign shall be measured to include the entire sign, including latticework, frame, border molding, fencing, and display area or wall work incidental to its decoration. Where a sign consists of letters, figures, or other devices individually mounted on a wall or other surface, the sign area shall be the same as the smallest circle or rectangle that can be inscribed around such devices. When two identical sign faces are placed back to back so that both faces cannot be viewed from any one point at the same time, and when the sign faces are part of the same sign and are not more than twelve inches apart, the sign area shall be computed by the measurement of one sign face. (8) No sign shall be erected, repaired, or repainted by any person until a permit has been issued by the Randolph County Planning Director, provided, however, that no permit shall be required for the type of signs listed in Article 600, Section 635 as follows. (9) No sign shall be taller than thirty-five feet above ground level. (10) Clear sign distance is required for any street intersection or driveway access point to provide drivers with a clear view of oncoming traffic. (11) Signs shall be placed outside an established sight triangle of twenty-five feet measured along the right-of-way line of each street. Ten feet by seven feet sight triangles shall be required at all intersections of NCDOT streets. (12) Signs listed below are allowed only in the zoning districts as indicated by a checkmark. SIGN TYPE CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Agricultural product sign1 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Church or public building sign2 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Commercial business park identification sign ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Direction gateway sign3 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ DR A F T Page 342 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 276 SIGN TYPE CC CE O CS E-1 GC HC HI LC LI OI RA RB O RE RM RR Electronic changeable face sign ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Government sign4 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Ground sign5 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Home occupation or office sign6 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ No trespassing sign7 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Off-premise church sign8 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Outdoor advertising sign9 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Permanent subdivision identification sign10 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Principal use identification sign11 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Projecting or suspended sign12 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Roof/ or marquee sign13 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Sign required by law4 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Subdivision identification sign ✓ ✓ ✓ ✓ Temporary promotion or informational sign14 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Temporary real estate sign15 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Wall sign16 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Warning sign17 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Table 40: Signs Permitted by District Notes to the Signed Permitted by District Table: 1For agricultural products produced on the premises not exceeding sixteen square feet in area and not illuminated. 2Not exceeding fifty square feet in area. One per each street front plus one per building on-premises. Non-flashing or indirect illumination is permitted, and the sign must be motionless. 3One directional gateway sign shall be permitted for the same business. Size shall not exceed sixteen square feet for a single business or sixteen square feet for the name of the street and/or development, with a maximum total sign area of seventy-five square feet. The sign shall not be more than eight feet in height. The sign must be non-flashing and use indirect illumination, and be motionless. The sign must be ground-mounted and constructed of metal, brick, or fiberglass. Landscaping of the area around the sign using appropriate plantings and shrubs is required. The sign shall be approved by NCDOT and shall not cause a traffic hazard. Construction plans shall be required before the issuance of a zoning permit. DR A F T Page 343 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 277 4Signs to regulate, control, or direct vehicular or pedestrian traffic, including signs indicating bus stops, taxi stands, similar transportation facilities, or signs that convey information regarding a public service or location of a public agency. Signs may be illuminated, flashing, or moving as required for public safety. 5No more than one ground sign shall be permitted per principal use. No sign shall exceed one hundred square feet and shall not be located less than ten feet from any public right- of-way. 6For businesses located in the residence of the practitioner. One sign per lot not exceeding five square feet in area. 7Shall not exceed four square feet in area and not illuminated. 8 Signs that identify the location of a church, even though such a sign may be remote from the location of the church, provided that the signs are not illuminated or contain moving parts. 9Where erected, these signs shall not be located within fifty feet of any residential district, and there shall be a minimum 1,000 linear feet radius between any two outdoor advertising signs. If the highway has two or three lanes, the sign can be no larger than four hundred square feet or 672 square feet on any highway with four or more lanes. 10Signs shall not exceed twelve square feet in area and shall be indirectly illuminated. 11Signs not exceeding five square feet in area, not illuminated, nor having moving parts. 12Suspended signs shall not exceed twelve square feet in area per side. The projecting sign shall not exceed twenty square feet in area per side. No part of either type of sign shall be less than eight feet above the ground or other surface that it overhangs. 13No roof or marquee signs shall exceed one hundred square feet in area, and not more than one roof sign shall be permitted per principal use. 14Signs such as those used before elections and to advertise yard sales. Signs shall be removed within five days after the event has taken place. 15Signs advertising a specific property for sale, lease, rent, or development that is located on the subject property. Signs shall not exceed thirty-two square feet in area and shall not be illuminated. Signs shall not be placed closer than five feet from the front property line. 16Sign shall not be larger than fifteen percent of the exterior building wall upon which it is mounted, provided that no exterior wall shall display more than one hundred square feet of sign area. No part of the sign shall extend more than eighteen inches from the wall. 17Signs that warn of hazards to life and limb, such as high voltage electrical equipment, explosives, etc. These signs may be illuminated. DR A F T Page 344 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 278 C. M. ON-PREMISES ADVERTISING Notwithstanding any Randolph County regulation to the contrary, a lawfully erected on-premises advertising sign may be relocated or reconstructed within the same parcel so long as the square footage of the total advertising surface area is not increased, and the sign complies with Randolph County development rules in place at the time the sign was erected. The construction work related to the relocation of the lawfully erected on- premises advertising sign shall commence within two years after the date of removal. Randolph County shall have the burden to prove that the on- premises advertising sign was not lawfully erected. Randolph County may require the removal of a lawfully erected on-premises advertising sign under Randolph County development regulations, only Randolph County pays the owner of the sign monetary compensation for the removal. Upon payment of monetary compensation, Randolph County shall own the sign and remove it in a timely manner. Nothing in this section shall be construed to diminish the rights given to owners or operators of nonconforming uses, including nonconforming structures, as set forth in NCGS § 160D-108 or the rights of owners or operators of outdoor advertising signs in Article 11 of Chapter 136 of the General Statutes. 636: ABANDONED, NUISANCE, AND JUNKED MOTOR VEHICLES A. AUTHORITY These land-use regulations are enacted under the authority granted by NCGS § 160D. NCGS § 160D grants Randolph County the authority to prohibit by Ordinance the abandonment of motor vehicles and to restrain, regulate, and prohibit junked motor vehicles on public grounds and private property within the County’s Ordinance-making jurisdiction. NCGS § 160D grants Randolph County the authority to regulate, restrain, or prohibit the abandonment of junked motor vehicles on public or private property within the County’s Ordinance-making jurisdiction upon a finding that such regulations are necessary to promote and enhance community appearance. B. ADMINISTRATION The Randolph County Planning and Zoning Department shall be primarily responsible for the administration and enforcement of this Article. The Randolph County Planning and Zoning Department shall be responsible for administering the removal and disposition of abandoned, nuisance, or junked motor vehicles located on private property. The Randolph County Sheriff’s Department shall have the specific responsibility to remove abandoned, nuisance, or junked motor vehicles on public property as well as within the public right-of-way of streets and highways outside the corporate limits of the towns and cities within Randolph County. The County may, on an annual basis, contract with private tow truck operators or towing DR A F T Page 345 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 279 businesses to remove, store, and dispose of abandoned, nuisance, and junked motor vehicles in compliance with this Article and applicable State laws. Nothing in this Article shall be construed to limit the legal authority of the Randolph County Sheriff’s Department, local fire departments, and other authorized agencies in enforcing other laws or in otherwise carrying out their duties. C. PURPOSE The purposes of this Article are: (1) To preserve the rural character and integrity of the community; (2) To protect property values; (3) To preserve the livability and attractiveness of the County; (4) To promote tourism and other opportunities for economic development; (5) To maintain the attractiveness of the County’s roadways for the traveling public; and (6) To promote the comfort, happiness, and emotional stability of occupants of property near abandoned, nuisance, or junked motor vehicles. D. JURISDICTION Under North Carolina General Statute § 160D, this Article applies to and is enforceable in any part of Randolph County that is outside an incorporated city or town or the extraterritorial planning jurisdiction of that political jurisdiction. If requested in writing by a city and approved by the Randolph County Board of County Commissioners, the Randolph County Planning and Zoning Department may enforce the provisions of this Article inside the corporate limits and/or the extraterritorial planning jurisdiction of that political jurisdiction. E. ABANDONED MOTOR VEHICLE UNLAWFUL; REMOVAL AUTHORIZED It shall be unlawful to abandon a motor vehicle, as defined in Article 100, Section 102, by the registered owner or person entitled to possession of the motor vehicle. Upon investigation, the authorized County official may determine that a motor vehicle is an abandoned motor vehicle and order the motor vehicle removed. F. NUISANCE MOTOR VEHICLE UNLAWFUL; REMOVAL AUTHORIZED Upon investigation, the authorized County official may determine and declare that a motor vehicle is a health or safety hazard, and therefore a nuisance motor vehicle as defined in Article 100, Section 102, and order the motor vehicle removed. DR A F T Page 346 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 280 It shall be unlawful for the registered owner of a motor vehicle or for the owner, lessees, or occupants of the real property upon which the motor vehicle is located to leave or allow the motor vehicle to remain on the property after it has been declared a nuisance motor vehicle. G. JUNKED MOTOR VEHICLE REGULATED; REMOVAL AUTHORIZED (1) Subject to the provisions of this Section, upon investigation, the Randolph County Planning and Zoning Department may order the removal of a junked motor vehicle, as defined in Article 100, Section 102, after finding in writing that the aesthetic benefits of removing the motor vehicle outweigh the burdens imposed on the private property owner. Such findings shall be based on a balancing of the monetary loss of the owner against the corresponding gain to the public by promoting or enhancing community appearance. The following relevant factors, among others, may be considered: (a) Protection of property values; (b) Promotion of tourism and other economic development opportunities; (c) Indirect protection of public health and safety; (d) Preservation of the character and integrity of the community; (e) Maintenance of the attractiveness of the County’s roadways for the traveling public; and (f) Promotion of the comfort, happiness, and emotional stability of area residents. (2) It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located to leave or allow the motor vehicle to remain on the property after the motor vehicle has been ordered removed. (3) Two junked motor vehicles may be in the rear yard of a residential lot as defined by this Ordinance if the junked motor vehicles are covered by acceptable car covers. The covering shall remain in good repair and shall not be allowed to deteriorate. Any number of junked motor vehicles may be stored on a lot provided the motor vehicles are kept in a garage or building that provides complete enclosure. The covering or enclosure shall also comply with any other requirements of this Ordinance. DR A F T Page 347 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 281 (4) It shall be unlawful to have more than two junked motor vehicles on the premises of private property unless fully enclosed as described in paragraph three above. Junked motor vehicles shall strictly comply with the location and concealment requirements of this Article and other provisions of this Ordinance. If a conflict exists, more restrictive requirements shall apply. (5) It shall be unlawful for any owner or person entitled to the possession of a junked motor vehicle or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located not to comply with the location or concealment requirements of this Article. H. RIGHT OF ACCESS TO INSPECT MOTOR VEHICLES The Randolph County Sheriff, the Randolph County Public Health Director, or the Randolph County Planning Director, or their designees shall have the right, upon presentation of proper credentials and identification, to enter any premises within the jurisdiction of this Article during daylight hours to determine if any motor vehicle is a health or safety hazard (nuisance) or is detracting from the aesthetics of the area. I. INDEMNIFICATION AGAINST LOSS The County may require a person requesting the removal of an abandoned, nuisance, or junked motor vehicle from private property to indemnify the County against any loss, expense, or liability incurred because of the motor vehicle’s removal, storage, or sale. J. REMOVAL OF ABANDONED, NUISANCE, OR JUNKED MOTOR VEHICLES; PRE- TOWING REQUIREMENTS Except as outlined in Subsection (K) below, an abandoned, nuisance, or junked motor vehicle shall not be towed until notice has been given to the registered owner or person entitled to possession of the motor vehicle. In the case of a nuisance motor vehicle or a junked motor vehicle, if the name and mailing address of the registered owner or person entitled to possession of the motor vehicle or the owner, lessee, or occupant of the real property upon which the motor vehicle is located can be determined with reasonable diligence, the Randolph County Planning and Zoning Department shall send notice by first-class mail. The person within the Randolph County Planning and Zoning Department responsible for the mailing shall keep a written record of the date, names, and addresses of the people to whom written notification has been sent. If the name and address cannot be determined or if the motor vehicle to be removed is an abandoned motor vehicle, a notice shall be affixed to the windshield or some other conspicuous place on the motor vehicle indicating that the motor vehicle will be removed upon a specific date (no sooner than seven days after the notice is affixed) unless the motor vehicle is moved by the owner or legal possessor before that date. DR A F T Page 348 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 282 The registered owner or person entitled to possession may choose not to remove the motor vehicle but to appeal the determination that the motor vehicle is abandoned, a nuisance motor vehicle, or, in the case of a junked motor vehicle, that the aesthetic benefits of removing the motor vehicle outweigh the burdens. Such appeal shall be made in writing to the Randolph County Zoning Board of Adjustment as detailed in Article 400, Sections 406 and 407, and shall be heard at a regularly scheduled meeting. Further proceedings to remove the motor vehicle shall be stayed until the appeal is heard and decided. K. EXCEPTIONS TO PRIOR NOTICE REQUIREMENTS The notification requirements in Subsection (J) above may be omitted in those circumstances where there is a special need for prompt action needed to eliminate traffic obstructions or to otherwise maintain and protect public safety and welfare. Such findings shall be entered by the authorizing official in the appropriate daily records. By way of illustration, but not limited to, such circumstances include motor vehicles blocking or obstructing ingress or egress to businesses and residences, motor vehicles parked in such a location or manner as to pose a traffic hazard, and motor vehicles causing damage to public or private property. L. REMOVAL OF MOTOR VEHICLES; POST-TOWING NOTICE REQUIREMENTS (1) Whenever a motor vehicle is removed, the Randolph County Planning and Zoning Department shall immediately notify the last known registered owner of the following: (a) A description of the motor vehicle; (b) The location where the motor vehicle is stored; (c) The violation that caused the motor vehicle to be towed; (d) The procedure that the owner must follow to have the motor vehicle returned to him; and (e) The procedure that the owner must follow to request a probable cause hearing on the towing. (2) The written notice described in Paragraph One above shall be mailed to the owner’s last known address unless this notice is waived in writing by the motor vehicle owner or his agent. If the motor vehicle is registered in North Carolina, notice shall be given within twenty-four hours; if registered outside of North Carolina, notice shall be given to the registered owner within seventy-two hours of the removal of the motor vehicle. DR A F T Page 349 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 283 (3) Whenever a motor vehicle does not have a valid registration or registration plate, the County shall make reasonable efforts, including checking the motor vehicle identification number, to determine the last known registered owner of the motor vehicle and to notify him of the information outlined in Paragraph One above. M. PROBABLE CAUSE HEARING PROCEDURE The owner or any other person entitled to claim possession of the motor vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the County magistrate (or in any other official designated to receive requests by the Chief District Court Judge), who shall set the hearing within seventy-two hours of receiving the request. The owner, the Randolph County Sheriff, the person who towed the motor vehicle, the person who requested the motor vehicle to be towed, and any other person affected by the action may present evidence at the hearing. The only issue at the hearing is to determine whether probable cause existed for the removal of the motor vehicle. If the magistrate finds that a cause existed, the lien on the motor vehicle continues. If the magistrate finds that no cause existed, then the lien is extinguished, and the motor vehicle shall be immediately returned to the owner. Any aggrieved party may appeal the magistrate’s decision to the District Court. N. REDEMPTION OF MOTOR VEHICLE DURING PROCEEDINGS At any stage of the proceedings, including before the probable cause hearing, the owner may obtain possession of the removed motor vehicle by paying the towing fee, including any storage charges, or by posting a bond for double the amount of such fees, or by posting a bond for double the amount of such fees to the County. Upon regaining possession, the owner or person entitled to possession of the motor vehicle shall not allow or engage in further violations of this Article. O. SALE AND DISPOSITION OF UNCLAIMED MOTOR VEHICLE After holding an abandoned, nuisance, or junked motor vehicle for thirty days after the day the motor vehicle was removed, Randolph County may sell or dispose of the motor vehicle. Disposition of such a motor vehicle shall be carried out in coordination with Randolph County and under NCGS § 44A-4, 44A-5, and 44A-6. If the value of the motor vehicle is less than the amount of the lien, the County may sell it for scrap or destroy it. P. CONDITIONS ON REMOVAL OF MOTOR VEHICLES FROM PRIVATE PROPERTY In no case will a motor vehicle be removed by Randolph County from private property except in those cases where a motor vehicle is a nuisance motor vehicle or is a junked motor vehicle that has been ordered removed by the properly authorized County official. Q. NO LIABILITY DR A F T Page 350 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 284 No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, nuisance, or junked motor vehicle for disposing of such motor vehicle as provided in this Article. R. EXCEPTIONS Nothing in this Article shall apply to any motor vehicle: (1) Which is in a junkyard as defined in this Article; (2) Which is in an enclosed building (See Subsection (G), Sub- subsection 3); (3) Which is on the premises of a business enterprise being operated in a lawful place and manner, if the motor vehicle is necessary to the operation of the enterprise; or (4) Which is in an appropriate storage place or depository maintained in a lawful place and manner by the County. S. PERSONAL CLASSIC VEHICLE STORAGE EXEMPTION No more than six personal classic vehicles may be stored on private property, under this exemption, without the issuance of a Special Use Permit. The owner of these vehicles must reside on the property where the vehicles are stored. Persons with vehicles that are visible from adjoining properties and/or an access road must provide adequate screening that may include car covers, fencing, or natural buffers. T. UNLAWFUL REMOVAL OF IMPOUNDED MOTOR VEHICLES It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the County any motor vehicle that has been impounded according to the provisions of this Article unless and until all towing and impoundment fees which are due, or bond instead of such fees, have been paid. U. FINES Any fines assessed according to this Article or under Article 400, Section 405 of this Ordinance shall be considered a lien against the motor vehicle owner’s property or the property on which the motor vehicle is located until such fine is paid in full. V. PENALTY In addition to the remedies specified in this Article and the other remedies specified in NCGS § 160D, the County may enforce this Article per Article 400, Section 405 of this Ordinance, which sets out both criminal and civil penalties for violation. DR A F T Page 351 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 285 637: LITTER A. AUTHORITY This section of this Ordinance is enacted under the authority granted by NCGS § 160D. B. ADMINISTRATION The Randolph County Planning and Zoning Department shall be primarily responsible for the administration and enforcement of this Article. Nothing in this Article shall be construed to limit the legal authority of the Randolph County Sheriff’s Department, local fire departments, and other authorized agencies in enforcing other laws or in otherwise carrying out their duties. C. JURISDICTION This Article applies to and is enforceable in any part of Randolph County that is outside an incorporated city or town or the extraterritorial planning jurisdiction of that political jurisdiction. If requested in writing by a city and approved by the Board of County Commissioners, Randolph County may enforce the provisions of this Article inside the corporate limits and/or the extraterritorial planning jurisdiction of that political jurisdiction. D. PURPOSE The purpose of this Ordinance is to promote the health, safety, and welfare of the people of Randolph County; to preserve the dignity and aesthetic quality of the environment of Randolph County; to protect the economic interest of the citizens and residents of Randolph County who are dependent on tourism, and to aid in the promotion of tourism in Randolph County. E. LITTER REGULATIONS (1) No owner, occupant, tenant, or lessee of any property may deposit, store, or permit to accumulate any solid wastes upon his property that is not stored or disposed of in a manner prescribed by this Ordinance. (2) The owner, occupant, tenant, or lessee of any property shall remove or cause to be removed all garbage and litter from his property at least once per week. (3) Owners of manufactured home parks and multi-family houses (more than two family units) shall be responsible for storage and disposal consistent with this Ordinance. (4) Garbage shall be stored only in a durable container, rust- resistant, nonabsorbent, watertight, and easily cleaned, with a close-fitting, fly-tight cover in place, with adequate handles or bails to facilitate handling. The number of containers shall be adequate to store one week’s accumulation of garbage. DR A F T Page 352 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 286 Each container shall be kept clean so that no odor or other nuisance condition exists. (5) Litter shall be stored in a manner that will not provide harborage to rodents and vermin and will not create a fire hazard. (6) No owner, occupant, tenant, or lessee of any building or dwelling may leave outside the building or dwelling, in a place accessible to children, any abandoned or unattended icebox, refrigerator, or other receptacles that have an airtight door without first removing the door. (7) Solid waste shall be disposed of only in one of the following ways: (a) In a sanitary landfill approved by the Division of Solid Waste Management; (b) In an incinerator that has all required local, State, and federal air pollution control permits; (c) By any other method, including reclamation and recycling processes that have been approved by the Division of Solid Waste Management; or (d) In solid waste containers provided by Randolph County. F. EXCEPTIONS This Ordinance shall not apply to the following: (1) Any junkyard as defined in Article 100, Section 102 of this Ordinance that is properly permitted under Article 600; or (2) Any junkyard, the operation of which is protected as a lawful nonconforming use under Article 600, Section 635 of this Ordinance. G. CIVIL PENALTIES Any civil penalties assessed under this Ordinance or according to Article 400, Section 405, of this Ordinance shall be considered a lien against the property on which the violation occurs until such fine is paid in full. H. PENALTY The County may enforce this Article under Article 400, Section 405 of this Ordinance, which sets out both criminal and civil penalties for violations. As outlined in NCGS § 153A-132.1, a person in violation of this Ordinance may be punished by a fine not exceeding $50 or imprisoned not exceeding thirty DR A F T Page 353 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 287 days or both. Each day or portion thereof of violation shall constitute a separate offense. 638: STREET NAMING AND ADDRESSING A. PURPOSE Under the provisions of NCGS § 153A-239 and House Bill 63, Randolph County will name and assign or reassign street numbers on any public or private road located within the County and not within a city unless agreed upon in writing by the political jurisdiction. Per the Statutory Authority, the Randolph County Board of County Commissioners desires to provide a uniform system of road addresses for all properties and buildings located within Randolph County Governmental jurisdiction to facilitate the provision of adequate public safety and emergency response services and to minimize the difficulty in locating properties and buildings for the postal delivery, public service agencies, and the public. This Article establishes the procedures for addressing all existing roads and structures and for maintaining a system to provide addresses for newly constructed properties and roads. To provide continuity with established Randolph County road naming procedures, the Randolph County Board of County Commissioners delegates the responsibility for official adoption of street addresses and the conduct of required public hearings to the Randolph County Planning Board. Addresses in Randolph County were originally issued for public safety purposes only. The United States Postal Service has agreed to adopt the County addressing scheme for mailing addresses and receives updates on all new and changed addresses, whether in a municipal addressing jurisdiction or the County addressing jurisdiction. B. ADMINISTRATION AND APPLICATION The Randolph County Planning Director shall be responsible for the administration of this Article, including, but not limited to, the following: (1) Maintaining the system and assigning all numbers for addressable structures, ensuring compliance with parity requirements; (2) Maintaining appropriate address records; (3) Approval of change of address schematic when necessary to facilitate house number assignments along existing roads; DR A F T Page 354 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 288 (4) Authorizing legal enforcement action as required by this Ordinance; (5) Establishment of intradepartmental infrastructure to ensure continued operation of the addressing system to meet the spirit and intent of this Article; (6) Responsible for appropriate notification of citizens, governments, agencies, and post offices as required by law; and (7) The Randolph County Planning Director and the Randolph County Emergency Services Director are authorized to correct such clerical or administrative errors that may occur in keeping with the plan and the intent of this Article and to approve alternate methods of displaying house numbers that meet the intent of this Article when strict adherence to these standards cannot be reasonably met. (8) The Randolph County Planning Director, the Randolph County Emergency Services Director, and the Randolph County Address Coordinator shall produce and maintain Addressing Guidelines for Randolph County that shall serve as the guide for assigning addresses and resolving issues that may be found. Other documents, as needed to assist in maintaining an accurate addressing system, may be created as needed. (9) The Randolph County Planning Director, the Randolph County Emergency Services Director, and the Randolph County Address Coordinator shall also maintain Addressing Agreements with each municipality that direct the working relationship between the County and the municipality that clarify the responsibilities of each jurisdiction. These Addressing Agreements shall be adopted by the Randolph County Board of Commissioners and the Boards of each jurisdiction participating in addressing maintenance. C. GENERAL CONSIDERATIONS FOR ADDRESSING (1) At a minimum, all addresses will require a structure. (2) Address numbers shall ascend away from the baselines as described in Section E below. (3) Only whole numbers can be assigned, and the numbers must be greater than 0 and less than or equal to 999999. (4) Additional information or designations such as A, B, ¼, or ½ are not valid parts of an address number for Randolph DR A F T Page 355 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 289 County-assigned addresses. The municipalities can still use these designations, but such use is highly discouraged. (5) Odd numbers are generally assigned to those structures that are on the left side of roads, and even numbers are assigned to the right side of the roads. (6) Address number sequence shall be maintained from side to side, and values increase as a function of distance from the origin. Errors in the sequence are inconsistent with the current addressing standards and shall be changed as they are encountered. (7) Numbers assigned to structures shall coincide with existing ranges that are associated with the named road or easement. For example, the address of 105 Mitchell St would not fit in the section of Mitchell St that contains the 2000-2999 address range. Additionally, cases where the range of addresses is incompatible from side to side (100’s on the left side and 300’s on the right) are inconsistent with the current addressing standards and shall be changed as encountered. (8) Duplication of numbers along any road or easement is not allowed. (9) Duplication of road names anywhere within Randolph County is not allowed. (10) It is recommended to verify addresses located near the County line. (11) Address points are located every ten feet along a road, and it equates to twenty feet on each side of the road. For example, a 1,000-foot road contains one hundred addresses, fifty numbers being available for each side of the road. (12) Before the approval of the preliminary plat for a subdivision in the land-use development regulation of Randolph County, the developer shall submit a list of the proposed road names for the subdivision for a check by the County to ensure the proposed names comply with this Ordinance. (13) After the approval of the preliminary plat for a subdivision in the land-use development regulation of Randolph County, the developer shall finalize the proposed road names for the subdivision, and the County shall reserve the road names after payment of fees for the road signs. (14) Before the approval of a final plat for a subdivision in a city, DR A F T Page 356 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 290 the city shall check the proposed road name with Randolph County to ensure the availability of the road name. If requested, the road names will be reserved. (15) After the approval of a final plat for subdivision in a city, the city or the developer shall submit a copy of the approved plat to Randolph County Planning and Zoning for the proper placement of proposed roads and ranges into the E-9-1-1 system. If the final approved plat is only for a portion of a subdivision, a conceptual plan for the entire project shall be submitted. If requested, the road names for the entire project will be reserved. (16) Any road names that may be considered as a duplication of an existing road name shall be approved by the Randolph County Emergency Services Director. (17) All road names shall be between two and eighteen characters, including spaces. (18) Addresses shall not be assigned to vacant parcels, as this may cause unnecessary delays for emergency responders. D. ADDRESS POSTING STANDARDS The following address posting standards shall be followed. (1) No building shall be erected on a new lot created after the adoption of this amendment that does not have access, directly or by an easement, to a road, whether publicly or privately maintained. (2) Numerals indicating the address number of a single-family dwelling shall be at least four inches in height, of a contrasting color to the structure, and shall be posted to be legible from the street. (3) Numerals for multiple dwelling units and nonresidential buildings shall be at least six inches in height, of a contrasting color to the structure, and shall be posted to be legible from the street. (4) Addresses will be established as whole numbers and will not have fractions or decimals of a number. (5) The letters I and O shall not be used in street addresses because of their close appearance to the numbers 1 and 0. (6) Only digits shall be used in the number as opposed to script (e.g., 125 instead of One Hundred Twenty-five). DR A F T Page 357 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 291 (7) All buildings shall display a road address number. The owner and occupant of each building are required to display an address number on each building so that the location can be identified easily from the road. (8) The official address number must be displayed on the front of a building or at the entrance to a building that is visible from the street during both day and night. (9) If the building is seventy-five feet or more from a public street on which it fronts or the lot on which the building is located is landscaped such that numbers cannot be seen from the street, the assigned number shall also be posted at the end of the driveway or easement nearest the road which provides access to the building. (10) Immediately following the issuance of a building permit, the assigned address shall be posted on the property in a manner that is visible from the street. The final Certificate of Compliance shall not be issued until the assigned number is posted according to the regulations in this Section. (11) Following the posting of the assigned address, the owner or occupant will ensure that the address numbers are posted in compliance with this Section. Address numbers shall not be obstructed from view by shrubs or vegetation as viewed from the street. E. STREET ADDRESS SYSTEM To facilitate continued uniformity in the County Address System, the Addressing Axes, as defined in Article 100, Section 102, shall be used. Beginning road numbers are assigned to each road in the County based on its relationship to the computer-generated baseline. (1) Address numbers shall ascend away from the baseline. (2) The beginning numbers for each road start at the intersection with another County road or the adjoining County line. The beginning number is determined by its parallel grid location. (3) Even numbers shall be assigned to the right side of the road and odd numbers to the left side away from the beginning baseline. (4) The assigned number of an addressable structure shall depend on where the road intersects with another public road. DR A F T Page 358 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 292 (5) The block numbers shall increase to the next hundred series each time the road intersects with another public road. (6) Corner lots having an addressable structure shall normally receive the road name and number that the structure faces. (7) When possible, the County shall extend a municipal numbering system into the County when it is determined that the municipal government may include the area in future annexation planning actions. (8) The Randolph County Planning Director is authorized to approve minor deviations from the basic schematic when a change may be more beneficial in keeping with the spirit and intent of this Ordinance. (9) Address numbers are to be assigned in sequential order along the road. The actual numbering sequence depends on the road direction and its relationship with the above grid system. The numbering system in all manufactured home parks must be designed for easy reference to both residents and emergency service personnel. Existing manufactured home parks shall be evaluated by the Address Coordinator and, if necessary, shall be renumbered in keeping with the spirit and intent of this Article. The following guidelines shall be used. (a) Letter identification and alphanumeric combinations for lots shall be avoided. (b) The lowest number shall begin with the first lot after entry at the part entrance and identification sign. (c) Each lot number shall increase in numerical sequence as one travels into the park. F. PROCEDURES FOR THE ESTABLISHMENT OF STREET NAMES The following guidelines are adopted for the establishment of street names. (1) A street name must be between two and eighteen characters, which is made up of letters and spaces. (2) Road names, as approved by Randolph County and recorded on a plat, will not be changed unless there are public safety issues that require a change, or a petition is received as outlined in this Ordinance, unless the road is within the addressing jurisdiction of a city. DR A F T Page 359 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 293 (3) A street may be named for a person only if that person has been deceased for twenty years and the person was culturally, historically, or socially relevant to the geographic area. Names recognizable worldwide, nationally, or throughout the state of North Carolina may be acceptable if all other criteria can be met. (4) A street shall not intersect itself. (5) A road or access easement that meets the definitions of a Private Drive or Private Road, as defined in this Ordinance, can be named following the provisions of these guidelines and this Ordinance. (6) A road or easement shall not terminate in a corner, nor shall a named road access another easement. (7) A proposed road name shall not be duplicated or phonetically like any existing street name, irrespective of the prefix, suffix, or ZIP Code. (8) The word AND is prohibited from being used to avoid confusion. (9) No symbols can be included in a name (e.g., #, &, hyphens, decimals, periods, apostrophes). (10) Numbers shall not be used as part of a street name. (11) Any proposed road names considered discriminatory, exclusionary, confusing, obscene, or deemed inappropriate shall be prohibited. (12) The use of complicated words or unconventional spellings is prohibited. (13) The prefix US HWY shall be used for all Federal numbered routes or roads, excluding those roads on the Interstate system. (14) The prefix I shall be used for Federal numbered routes or roads on the Interstate system. G. PROCEDURES FOR CHANGING EXISTING STREET NAMES The procedures for changing an existing street name are as follows. (1) VOLUNTARY PETITION Petitions for street name changes shall be submitted in writing for consideration by the Randolph County Planning Board. Valid petitions shall: DR A F T Page 360 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 294 (a) Be submitted to the Randolph County Planning and Zoning Department. The petition shall include the signature of everyone living along the road who wishes to have the street name changed. (b) Propose a new street name consistent with standards as outlined in this Ordinance. A reasonable effort shall be made to seek input concerning the new street name from affected residents and property owners before the public hearing. (c) Be signed by a minimum of fifty-one percent of the property owners along said street. In cases where a property has multiple landowners and the property is being used to achieve the required percentage of owner signatures, each landowner’s signature is required but only counts as one signature on the petition. (d) If no majority shall be obtained on a proposed road name, Randolph County shall choose the road name, and the decision shall be final. (2) INITIATED BY COUNTY OR STATE GOVERNMENT ACTIONS If County or State government-sponsored or initiated action creates a situation that could be perceived to jeopardize the public’s health, safety, or general welfare by impeding timely emergency response, a written request to change the street name shall be submitted. (a) A written request to change the street name shall be submitted to the Randolph County Planning and Zoning Department. (b) Propose a new street name consistent with standards as outlined in this Ordinance. A reasonable effort shall be made to seek input concerning the new street name from affected residents and property owners before the public hearing. If no majority shall be obtained on a proposed road name, Randolph County shall choose the road name, and the decision shall be final. (c) Include a letter of support outlining the perceived threats to the public’s health, safety, DR A F T Page 361 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 295 or general welfare from a recognized public agency. It shall be the responsibility of the petitioner and/or the supporting public agency to provide ancillary documentation and testimony during the public hearing. After the petition has been received by the Randolph County Planning and Zoning Department, County Staff will review the petition for compliance with these guidelines. If the petition meets all the requirements, a public hearing with the Randolph County Planning Board will be scheduled to change the existing street name. If the Randolph County Planning Board approves the request, the applicant will be notified and informed of the cost of the road sign. The fee for the road sign shall be paid before any changes to addresses are made in the E-9-1-1 system. The fee for the road sign shall be based on the adopted fee schedule. Once the sign has been installed, the existing addresses along the road will be changed, and notifications will be sent notifying the property owner of the new address. After the notifications of the change of address are sent, property owners have thirty days to update the address posted on the residence. H. ENFORCEMENT If the owner or occupant does not comply with this Article within thirty days of delivery of a change of address notification by mail, the owner or occupant violates this Article and is subject to citations as outlined in this Ordinance. 639: BATTERY-CHARGED SECURITY FENCES Randolph County may not adopt an ordinance, rule, or regulation, or enforce an existing ordinance, rule, or regulation that does any of the following: A. Requires any type of permit, fee, review, or approval for the installation or use of a battery-charged security fence in addition to a permit that may be required by any ordinance adopted by the Board of County Commissioners as authorized by NCGS § 74D-11(c); B. Imposes installation or operational requirements for battery-charged security fences that are inconsistent with the requirements and standards as described in the definition of battery-charged security fence as found in Section 102; or C. Prohibits the installation or use of a battery-charged security fence on property that has been zoned exclusively for non-residential use. DR A F T Page 362 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 296 640: UNMANNED AIRCRAFT TRAFFIC CONTROL DEVICES A. ADVANCED AIR MOBILITY RADAR Randolph County may plan for and regulate the siting, installation, modification, maintenance, and removal of advanced air mobility radar for traffic control of unmanned aircraft systems flown under Article 10 of Chapter 63 of the General Statutes. Nothing contained in this section shall amend, modify, or otherwise affect any easement between private parties. All rights for the use of the right-of- way are subject to the rights granted under an easement between private parties. Randolph County may require a permit applicant to remove abandoned advanced air mobility radar within 180 days of abandonment. If not timely removed, Randolph County may remove the abandoned advanced air mobility radar and may recover the actual cost of such removal, including legal fees, if any, from the permit applicant. Nothing in this section shall be construed to limit the provisions of any historic district or landmark regulation adopted by the County. B. SITING AND CONSTRUCTION OF ADVANCED AIR MOBILITY RADAR A permit applicant that proposes to construct advanced air mobility radar within the planning jurisdiction of Randolph County shall do all of the following: (1) Submit a completed application with the necessary copies and attachments to Randolph County, including documentation of any co-location agreement; (2) Comply with all development regulations; and (3) Obtain all applicable development approvals. Randolph County shall not assess a fee for the application for, or the installation and use of, advanced air mobility radar, provided the advanced air mobility radar is installed and operated in compliance with the standards and requirements outlined in this section. C. APPLICATION REVIEW In reviewing the application, Randolph County may review the following: (1) Applicable public safety and development regulations, including aesthetics, landscaping, land-use-based location priorities, structural design, setbacks, and fall zones; DR A F T Page 363 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 297 (2) Information or materials directly related to an identified public safety or development regulation; or (3) If a co-location agreement is not included with the completed application, Randolph County may require permit applicants to evaluate the reasonable feasibility of co-location, including information necessary for the local government to determine whether co-location is reasonably feasible. Randolph County shall make a determination approving or denying an application under this section within thirty days after the completed application is received. Randolph County may condition approval of an application for a new advanced air mobility radar on any of the following: (1) If not included in the completed application, the provision of a co-location agreement if co-location is deemed feasible. (2) The permit applicant is obtaining an FCC operator license for any spectrum band required for the installation. (3) The installation of the advanced air mobility radar in a manner that complies with all applicable federal and State laws and local development regulations. (4) The operation of the advanced air mobility radar in a manner that comply with all safety guidelines issued by the FCC regarding limiting exposure to electromagnetic radiation. (5) The requirement to construct facilities within a reasonable period of time, which shall be no less than twenty-four months. D. CO-LOCATION ON LOCAL GOVERNMENT PROPERTY Subject to Article 12 of Chapter 160A of the General Statutes, Randolph County may agree to co-location on property owned by Randolph County, subject to any existing easements or lease agreements. Within thirty days of receipt of a request for co-location, Randolph County shall either initiate a lease or the disposal of the co-location property or deny the request. A request for co-location under this section may be denied only for the following reasons: There is insufficient capacity; and Reasons of safety, reliability, and generally applicable engineering principles, and those limitations cannot be remedied by rearranging, expanding, or otherwise reengineering the eligible facilities at the reasonable and DR A F T Page 364 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 298 actual cost of Randolph County to be reimbursed by the permit applicant. 641: NON-CONFORMANCES A. PURPOSE AND INTENT If within the districts established by this Ordinance, or by amendments that may later be adopted, there exist lots, structures, and use of land and structures which were lawful before this Ordinance was passed or amended, but which would be prohibited under the terms of this Ordinance, this Ordinance intends to permit these non-conformances to continue until they are removed, but not to encourage their continuance. Such non- conformance is declared by this Ordinance to be incompatible with permitted uses in the districts in which they are located. It is further the intent of this Ordinance that non-conformance shall not be enlarged upon, expanded, or extended, or used as grounds for adding other structures, or uses prohibited elsewhere in the same district. B. NON-CONFORMING LOTS OF RECORD In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by the other provisions of this Ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot that was recorded before the date it became legally non-conforming. Such a lot must be in separate ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, if yard dimensions and other requirements not involving area or width, or both, of a lot shall conform to the regulations for the district in which such lot is located. The variance of area, width, and yard requirements shall be obtained only through the action of the Randolph County Zoning Board of Adjustment. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of the lots does not meet at least eighty percent of the requirements, for lot width and area, for the zone in which they are located, as established by this Ordinance, the lands involved shall be considered to be an undivided parcel, For this Ordinance, and no portion of the said parcel shall be used or sold which does not meet width and area requirements established by this Ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this Ordinance. C. NON-CONFORMING USES OF OPEN LAND This category of non-conformance consists of lots used for storage yards, used car lots, auto wrecking, junkyards, golf driving ranges, and similar DR A F T Page 365 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 299 open uses where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use of the land is not permitted to be established hereafter, under this Ordinance, in the district in which it is located. (1) When a non-conforming open use of land has been changed to conforming use, it shall not thereafter be used for any non- conforming use. (2) Non-conforming open uses of land shall not be changed to any but conforming uses. (3) A non-conforming open use of land shall not be enlarged to cover more than was occupied by that use when it became non-conforming. (4) When any non-conforming open use of land is discontinued for ninety days, any future use of the land shall be limited to those uses permitted in that district under the provisions of this Ordinance. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision. D. NON-CONFORMING USES OF STRUCTURES This category of non-conformance consists of structures used, at the time of passage of this Ordinance, for purposes not permitted in the district in which they are located. (1) A nonconforming use of a structure may be changed to a conforming use. (2) A nonconforming use of a structure shall not be changed to another nonconforming use. (3) When a nonconforming use of a structure has been changed to a conforming use, it shall not thereafter be used for any nonconforming use. (4) A nonconforming use of a structure shall not be extended or enlarged except into portions of the structure that, at the time the use became nonconforming, were already erected, and arranged or designed for such nonconforming use. No structural alterations shall be made in any structure occupied by a nonconforming use, except those required by law or Ordinance or ordered by the Randolph County Planning Director to secure the safety of the structure. (5) When any non-conforming use of a structure is discontinued for one year, any future use of the structure shall be limited to those uses permitted in that district under the provisions of DR A F T Page 366 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 300 this Ordinance. Vacancy and/or non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision. E. NON-CONFORMING STRUCTURES When a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance because of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No structure may be enlarged or altered in a way that increases its non-conformity. (2) Should such a structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. F. REPAIRS AND MAINTENANCE On any structure on a non-conforming lot, a structure containing a non- conforming use, or a non-conforming structure, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent of the current replacement value of the buildings, provided that the cubical content of the building as it existed at the time of passage or amendment of this Ordinance shall not be increased. Should such building or structure be destroyed by any means to an extent of more than fifty percent of its replacement cost or bulk, exclusive of foundations and land value, it shall not be reconstructed except in conformity with the provisions of this Ordinance. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any County official charged with protecting the public safety, upon order of such official. G. NON-CONFORMANCE CREATED BY CHANGES IN ZONING BOUNDARIES OR REGULATIONS Any non-conformance created by a change in district boundaries or Ordinance regulations after the date of passage of this Ordinance shall also be governed by the provisions of this section. H. SPECIAL USES ARE CONFORMING Any use for which a Special Use Permit is issued, as provided in this Ordinance, shall, without further action, be deemed a conforming use unless otherwise provided in this Ordinance or otherwise provided as a DR A F T Page 367 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 301 condition of issuance of such permit. Any extension by or addition to such use shall meet all requirements of this Ordinance. 642: FLOW CHARTS FOR PUBLIC HEARING REQUESTS A. PURPOSE OF FLOW CHARTS The following flow charts are intended to give interested citizens and developers an illustration of the process of the various hearing types allowed in this Ordinance. The charts do not indicate the entire process, such as internal processes, but do contain the process for each type of case. DR A F T Page 368 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 302 SPECIAL USE PERMIT FLOW CHART Pre-application meeting with Staff or PDAT Application is submitted and fee paid TRC reviews application for completeness Application complete Application incomplete Planning Board Public Hearing Update application and resubmit Approval or denial by Planning Board DR A F T Page 369 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 303 General Use District Rezoning Flow Chart Pre-application meeting with Staff or PDAT Application is submitted and fee paid TRC reviews application for completeness Application complete Application incomplete TRC makes recommendation to Planning Board Planning Board Public Hearing Update application and resubmit Approval or denial by Planning Board DR A F T Page 370 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 304 CONDITIONAL DISTRICT PERMIT FLOW CHART Pre-application meeting with Staff or PDAT Application is submitted and fee paid TRC reviews application for completeness Application complete Application incomplete TRC makes recommendation to Planning Board Planning Board Public Hearing Update application and resubmit Approval or denial by Planning Board Applicant amends conditions Applicant resigns application DR A F T Page 371 of 517 ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 305 VARIANCE OR APPEAL FLOW CHART Pre-application meeting with Staff Application is submitted and fee paid TRC reviews application for completeness Application complete Zoning Board of Adjustment Public Hearing Approval or denial by Zoning Board of AdjustmentDR A F T Page 372 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 306 ARTICLE 700: SUBDIVISION ORDINANCE 701: AUTHORITY The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Article 6 of Chapter 153A; Article 8 of Chapter 160A; and Articles 7, 9. and 11 of Chapter 160D of the North Carolina General Statutes, delegated to local governmental units the authority to adopt regulations to promote the public health, safety, and general welfare. Therefore, the Randolph County Board of Commissioners, North Carolina, does ordain as follows. 702: APPLICABILITY A. DEFINITION OF SUBDIVISION For this Article, subdivision regulations shall apply to all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions where any one or more of those divisions is created for sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this Article: (1) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of Randolph County as shown in its subdivision regulations; (2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved; (3) The public acquisition by purchase of strips of land for the widening or opening of streets or public transportation system corridors; (4) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of Randolph County as shown in the subdivision regulations; and DR A F T Page 373 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 307 (5) The division of a tract into parcels under the terms of a probated will or under intestate succession under Chapter 29 of the General Statutes. B. RECORDATION OF PLAT Randolph County requires a plat for recordation for the division of a tract or parcel of land in single ownership if all the following criteria are met: (1) All parcels contained within the subdivision shall have a deed recorded combining all parcels into one parcel so that the tract or parcel of land will be in single ownership; (2) The tract or parcel to be divided is not exempted under subdivision (2) of subsection (A) of this section; (3) No part of the tract or parcel to be divided has been divided under this subsection in the ten years before division; (4) The entire area of the tract or parcel to be divided is greater than five acres; (5) After division, no more than three lots result for the division; and (6) After division, all resultant lots comply with the following: (a) Any lot dimension size requirements of the applicable land-use regulations, if any; (b) The use of the lots conforms with the applicable zoning requirements, if any; and (c) A permanent means of ingress and egress is recorded for each lot. 703: REVIEW PROCESS, FILING, AND RECORDING SUBDIVISION PLATS A. PROCEDURES AND STANDARDS The subdivision regulations in this Ordinance contain provisions setting forth the procedures and standards to be followed in granting or denying approval of a subdivision plat before its recordation. B. REVIEW PROCESS DR A F T Page 374 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 308 This Ordinance provides that the following agencies be allowed to make recommendations concerning an individual subdivision plat before the plat is approved: (1) The District Highway Engineer as to proposed State streets, State highways, and related drainage systems; (2) The Randolph County Public Health Director or local public utility, as appropriate, as to proposed water or sewerage systems; and (3) Any other agency or official designated by the Randolph County Board of Commissioners. C. APPROVAL This Ordinance provides that final decisions on preliminary plats and final plats be made by: (1) The Randolph County Board of Commissioners, upon appeal of a decision by the Randolph County Planning Board, according to Article 400, Section 411; (2) The Randolph County Planning Board; or (3) The Randolph County Planning Director and appointed Review Officers. If the final decision on a subdivision plat is administrative, the decision may be assigned to a staff person or committee comprised entirely of staff persons, and a notice of the decision shall be as provided by NCGS § 160D- 403 (b). D. RECORDING OF PLATS No major subdivision, as defined by this Ordinance, within Randolph County’s planning and development jurisdiction shall be filed or recorded until it has been submitted to and approved by the Randolph County Planning Board as specified in this Ordinance and until this approval shall have been entered on the face of the plat in writing by an authorized representative of Randolph County Planning and Zoning Department. The Review Officer, according to NCGS § 47-30.2, shall not certify a subdivision plat that has not been approved per these provisions, nor shall the Clerk of Superior Court order or direct the recording of a plat if the recording would conflict with this Ordinance. DR A F T Page 375 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 309 704: CONTENTS AND REQUIREMENTS OF REGULATIONS A. PURPOSES This Ordinance provides for the orderly growth and development of Randolph County; for the coordination of transportation networks and utilities within the proposed subdivision with existing or planned streets and highways and with other public facilities; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions that substantially promote public health, safety, and the general welfare. B. PLATS This Ordinance requires a plat to be prepared, approved, and recorded according to the provisions of the regulation whenever any subdivision of land takes place. The plat shall show sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every street and alley line, lot line, easement boundary line, and other property boundaries, including the radius and other data for curved property lines, to an appropriate accuracy and in conformance with good surveying practice. C. TRANSPORTATION AND UTILITIES This Ordinance provides for the dedication of rights-of-way or easements for street and utility purposes, including the dedication of rights-of-way according to NCGS § 136-66.10 or NCGS § 136-66.11. No new subdivision or section created after the adoption of this Ordinance shall use a lot, an easement previously platted and recorded, or a private drive or private road, as defined by this Ordinance, to provide access to a new subdivision or section. D. RECREATION AREAS AND OPEN SPACE The dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision is highly encouraged when planning subdivisions. E. PERFORMANCE GUARANTEES To assure compliance with NCGS § 160D-804 and other development regulation requirements, this Ordinance provides for performance guarantees to ensure the successful completion of required improvements. For this Ordinance, all the following apply concerning performance guarantees: (1) TYPE DR A F T Page 376 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 310 The type of performance guarantee shall be at the election of the developer. The term performance guarantee means the following forms of guarantee: (a) A surety bond issued by a company authorized to do business in the State of North Carolina; (b) Letter of credit issued by any financial institution licensed to do business in the State of North Carolina; or (c) Another form of guarantee that provides equivalent security to a surety bond or letter of credit. (2) DURATION The duration of the performance guarantee shall initially be one year unless the developer determines that the scope of the work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one year from the date the bond is issued unless the developer determines that the scope of work for the required improvements necessitates a longer duration. (3) EXTENSION The developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of Randolph County, and the current performance guarantee is likely to expire before completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period; provided, however, that the extension shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure provided for under item (E) (Amount) of this subsection and shall include the total cost of all incomplete improvements. (4) INSPECTION Randolph County shall inspect the improvements subject to a performance guarantee within thirty days of a request received from a developer and advise the developer whether the improvements are completed to the required specifications. In the event Randolph County and the DR A F T Page 377 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 311 developer disagree on whether a required improvement is completed to the specifications of Randolph County, a developer may obtain a certification under seal from a licensed professional engineer that the required improvements have been completed to the specifications of Randolph County. (5) RELEASE The performance guarantee shall be returned or released, as appropriate, within thirty days upon the acknowledgment by Randolph County Planning and Zoning Department that the improvements for which the performance guarantee is being required are complete or upon receipt of a certification under seal from a professional engineer that the required improvements have been completed to the specification of Randolph County. Randolph County Planning and Zoning Department shall return letters of credit or escrowed funds within thirty days upon completion of the required improvements to the specifications of this Ordinance, or acceptance of the required improvements if the required improvements are subject to Randolph County Planning and Zoning Department acceptance. When required improvements that are secured by a bond are completed to the specifications of this Ordinance or are accepted by Randolph County Planning and Zoning Department, if subject to this Ordinance, acceptance, upon request by the developer, Randolph County Planning and Zoning shall timely provide written acknowledgment that the required improvements have been completed. (6) AMOUNT The amount of the performance guarantee shall not exceed one hundred twenty-five percent of the reasonably estimated cost of completion at the time the performance guarantee is issued. Randolph County Planning and Zoning Department may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include one hundred percent of the costs for labor and materials necessary for the completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional twenty-five percent allowed under the subdivision includes inflation and all costs of administration, regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining DR A F T Page 378 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 312 the initial guarantee and shall not exceed one hundred twenty- five percent of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained. (7) TIMING Randolph County Planning and Zoning Department, at its discretion, may require the performance guarantee to be posted either at the time the plat is recorded or at a time after plat recordation. (8) COVERAGE The performance guarantee shall only be used for the completion of the required improvements and not for repairs or maintenance after completion. No performance guarantee may be required for maintenance of any improvement once the improvement is completed to the specifications of Randolph County or upon request of a certification under seal from a professional engineer that the required improvements have been completed to the specifications of Randolph County. (9) LEGAL RESPONSIBILITIES No person shall have or may claim any rights under or to any performance guarantee provided under this subsection or in the proceeds of any such performance guarantee other than the following: (a) Randolph County Planning and Zoning Department to whom the performance guarantee is provided; (b) The developer at whose request or for whose benefit the performance guarantee is given; or (c) The person or entity issuing or providing the performance guarantee at the request of or for the benefit of the developer. (10) MULTIPLE GUARANTEES The developer shall have the option to post one type of performance guarantee as provided for in item (1) (Type) of this section, instead of multiple bonds, letters of credit, or other equivalent security, for all development matters related to the same project requiring performance guarantees. Performance guarantees associated with erosion control and DR A F T Page 379 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 313 stormwater control measures are not subject to the provisions of this section. (11) EXCLUSION Performance guarantees associated with erosion control and stormwater control measures are not subject to the provisions of this section. F. POWER LINES EXEMPTION This Ordinance does not require a developer or builder to bury power lines if all the following criteria are met: (1) The power lines existed above ground at the time of first approval of a plat or development plan by Randolph County, whether the power lines are subsequently relocated during the construction of the subdivision or development plan; and (2) The power lines are located outside the boundaries of the parcel of land that contains the subdivision, or the property converted by the development plan. G. MINIMUM SQUARE FOOTAGE EXEMPTION This Ordinance does not set minimum square footage of any structures subject to regulation under the North Carolina Residential Code for One- and Two-Family Dwellings. H. PRIVATE DRIVEWAY PAVEMENT DESIGN STANDARDS This Ordinance shall not require pavement design standards for new private driveway construction standards that are more stringent than the minimum pavement design standards adopted by the North Carolina Department of Transportation. Notwithstanding any regulation adopted by the local government, the local government must accept engineered pavement design standards that do not meet the minimum standards required by the Department of Transportation if the proposed design standard is signed and sealed by a duly licensed professional engineer, under Chapter 89C of the General Statutes, and meets vehicular traffic and fire apparatus access requirements. This subsection applies to the construction of new privately owned driveways, parking lots, and driving areas associated with parking lots within a new development or subdivision that the developer designates as private and that are intended to remain privately owned after construction. If driveways, parking lots, and driving areas associated with parking lots are constructed to pavement design standards that do not meet minimum standards required by a regulation adopted by the local government, as authorized by this subsection, the developer must include disclosures to prospective buyers as outlined in G.S. 136-102.6(f) before entering into any agreement or any conveyance with any prospective buyer. DR A F T Page 380 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 314 A local government is discharged and released from any liabilities, duties, and responsibilities imposed by this Article, or in common law, from any claim arising out of, or attributed to, the plan review or acceptance of signed and sealed pavement design standards submitted according to this subsection. Nothing in this section limits the authority of local governments or the Department of Transportation to regulate private roads, driveways, or street connections to a public system, or to regulate transportation and utilities, according to subsection (c) of this section, or as otherwise authorized by law. I. CURB AND GUTTER DESIGN STANDARDS Notwithstanding NCGS § 160A-307 and NCGS § 160D-916, Randolph County shall not limit or prohibit the use of curb and gutter design standards adopted by the North Carolina Department of Transportation for subdivision roads adjacent to, and serving, dwellings subject to the North Carolina Residential Code. 705: NOTICE OF NEW SUBDIVISION FEES AND FEE INCREASES A. NOTICE REQUIRED Randolph County shall provide notice to interested parties of the imposition or increase in fees or charges applicable solely to the construction of developments subject to this Article at least seven days before the first meeting where the imposition of or increase in the fees or charges is on the agenda for consideration. Randolph County shall employ at least two of the following means of communication to provide the notice required by this section: (1) Notice of the meeting in a prominent location on a website managed or maintained by Randolph County; (2) Notice of the meeting in a prominent location, including, but not limited to, any governmental building, library, or courthouse within the planning and development regulation jurisdiction of the local government; and/or (3) Notice of the meeting by electronic mail or other reasonable means to a list of interested parties that is created by Randolph County for notification as required by this section. B. PUBLIC COMMENT PERIOD During the consideration of the imposition of or increase in fees or charges as provided in subsection (A) of this section, the Randolph County Board of Commissioners shall permit a period of public comment. DR A F T Page 381 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 315 C. FEES INCREASED AS PART OF BUDGET This section shall not apply if the imposition of or increase in fees or charges is contained in a budget filed under the requirements of NCGS § 159-12. 706: EFFECT OF PLAN APPROVAL ON DEDICATIONS The approval of a plat shall not be deemed to constitute the acceptance by Randolph County of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. However, Randolph County Board of Commissioners may, by resolution, accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes when the lands or facilities are located within its planning and development regulation jurisdiction. Acceptance of dedication of lands or facilities located within the planning and development regulation jurisdiction but outside the corporate limits of a city shall not place on the city any duty to open, operate, repair, or maintain any street, utility line, or other land or facility, and a city shall in no event be held to answer in any civil action or proceeding for failure to open, repair, or maintain any street located outside its corporate limits. Unless Randolph County, or other public entity operating a water system shall have agreed to begin operation and maintenance of the water system or water system facilities within one year of the time of issuance of a certificate of occupancy for the first unit of housing in the subdivision, Randolph County shall not, as part of its subdivision regulation applied to facilities or land outside the corporate limits of a city, require the dedication of water systems or facilities as a condition for subdivision approval. No new subdivision or section created after the adoption of this Ordinance shall use a lot or easement previously platted and recorded to provide access to a new subdivision or section. 707: PENALTIES FOR TRANSFERRING LOTS IN UNAPPROVED SUBDIVISIONS A. VIOLATION OF REGULATION OR TRANSFER OF LAND If after Randolph County adopts this Ordinance, any person who, being the owner or agent of the owner of any land located within the planning and development regulation jurisdiction of Randolph County, thereafter subdivides the land in violation of the regulation or transfers or sells land by reference to, the exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the subdivision regulation and recorded in the office of the Randolph County Register of Deeds, is guilty of a violation of this Ordinance and shall be subject to Article 400, Section 405. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from this penalty. Randolph County may bring an action for an injunction of any illegal DR A F T Page 382 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 316 subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision regulation. Building permits required according to NCGS § 160D-1110 may be denied for lots that have been illegally subdivided. In addition to other remedies, Randolph County may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct. B. CONTRACTS TO SELL OR LEASE BASED UPON APPROVED PRELIMINARY PLAT The provisions of this section do not prohibit any owner or their agent from entering contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved under the subdivision regulation or recorded with the Randolph County Register of Deeds, provided the contract does all the following: (1) Incorporates as an attachment a copy of the preliminary plat referenced in the contract and obligates the owner to deliver to the buyer a copy of the recorded plat before closing and conveyance; (2) Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer or lessee concerning the approval of the final subdivision plat, that changes between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded plat differs in any material respect from the preliminary plat; (3) Provides that if the approved and recorded final plat does not differ in any material respect from the plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than five days after the delivery of a copy of the final recorded plat; or (4) Provides that if the approved and recorded final plat differs in any material respect from the preliminary plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than fifteen days after the delivery of the final recorded plat, during which fifteen-day period the buyer or lessee may terminate the contract without breach or any further obligation and may receive a refund of all earnest money or prepaid purchase price. DR A F T Page 383 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 317 C. CONTRACTS TO SELL OR LEASE BASED UPON UNAPPROVED PRELIMINARY PLAT The provisions of this section do not prohibit any owner or their agent from entering into contracts to sell or lease land by reference to an approved preliminary plat for which a final plat has not been properly approved under the subdivision regulation or recorded with the Randolph County Register of Deeds where the buyer or lessee is any person who has contracted to acquire or lease the land for engaging in the business of construction of residential, commercial, or industrial buildings on the land, or for resale or lease of the land to persons engaged in that kind of business, provided that no conveyance of that land may occur and no contract to lease it may become effective until after the final plat has been properly approved under the subdivision regulation and recorded with the Randolph County Register of Deeds. 708: APPEALS OF DECISIONS ON SUBDIVISION PLATS Appeals of subdivision decisions may be made according to NCGS § 160D-1403. 709: APPLICATION OF ORDINANCE No lot or plat within Randolph County's subdivision jurisdiction shall be transferred, nor shall a plat or record thereof be recorded by the Randolph County Register of Deeds until a final plat of the subdivision has been submitted to and approved by the Randolph County Planning Director. Such approval shall be indicated on the face of the plat and signed by the Randolph County Planning Director. See Article 700, Section 724 for required certificates. The Randolph County Register of Deeds shall not file a plat or record of subdivision of land within the County's jurisdiction, nor shall the Clerk of Superior Court of Randolph County order such recording without the required certification and signature of the Randolph County Planning Director. 710: APPROVAL REQUIRED FOR BUILDING PERMIT No building permit shall be issued for the erection of any building on any lot within a subdivision unless a final plat of such subdivision has been approved as required by this Ordinance or a Certificate of Exemption obtained, provided, however, that this shall not apply to any subdivision recorded by the Randolph County Register of Deeds before April 23, 1974, the first effective date of this Ordinance. DR A F T Page 384 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 318 711: VARIANCES DUE TO SITE CONDITIONS Where the sub-divider can show that a provision of these requirements would cause unnecessary hardship, if strictly adhered to due to topographical or other conditions peculiar to the site, the Randolph County Zoning Board of Adjustment may approve a Variance when it finds that such Variance may be granted without destroying the intent of this Ordinance. Any Variance thus approved by the Randolph County Zoning Board of Adjustment shall be noted in the minutes of the meeting at which the Variance is granted, and such notation shall include the reasons for the Variance. 712: CONFLICTING ORDINANCES Where another applicable regulation, Ordinance, or statute imposes more restrictive regulations than those contained in this Ordinance, the more restrictive regulation shall govern. 713: AMENDMENT PROCEDURE This Ordinance may be amended or revised from time to time by the Randolph County Board of Commissioners as provided by Article 400, Section 408. 714: STATE PLATTING AND DISCLOSURE STATEMENT REQUIREMENT All subdividers planning to sell lots not platted and recorded before October 1, 1975, are advised to consult NCGS § 136-102.6, Compliance of Subdivision Streets with Minimum Standards of the Board of Transportation, which requires that all new streets, whether public or private, and all changes in streets be platted. NCGS § 136-102.6 also requires the subdivider to furnish to each lot purchaser a Subdivision Streets Disclosure Statement revealing the status of new streets, whether they are constructed to NCDOT standards, and who will bear maintenance responsibility for the streets. No provision of this Ordinance or any other local Ordinance shall exempt a division of land from the provisions of NCGS § 136-102.6 715: ENFORCEMENT Any person who, being the owner or agent of the owner of any land located within the jurisdiction of Randolph County, thereafter, subdivides his land in violation of this Ordinance or transfers or sells land by reference to, the exhibition of, or any other use of DR A F T Page 385 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 319 a plat showing a subdivision of the land before the plat has been properly approved under such Ordinance and recorded with the Randolph County Register of Deeds, shall be guilty of a violation of this Ordinance and be subject to Article 400, Section 405. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The County may bring an action for an injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the Subdivision Ordinance. Building permits may be denied for lots that have been illegally subdivided. In addition to other remedies, Randolph County may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct. 716: PROCEDURE FOR APPROVAL FOR SUBDIVISIONS The procedures for the approval of subdivisions, whether in overlay districts or general use districts, shall follow the procedures as outlined in Article 600, Section 615. 717: GENERAL REQUIREMENTS AND MINIMUM DESIGN STANDARDS A. GENERAL The land shall be subdivided using best land planning practices, including adequate consideration of the natural topography and drainage features and the type of development proposed. B. COMPLIANCE WITH OFFICIAL PLANS AND ORDINANCES The land shall be subdivided in compliance with this Ordinance and other pertinent official development plans and ordinances. Also, where the land lies within the area of a public water supply reservoir, so designated by a governmental authority, sub-dividers of such land shall be required to give notice on the face of the final subdivision plat that land within the subdivision lies within a designated public water supply reservoir area and may be the subject of future public purchase. C. ROAD FRONTAGE All lots in a subdivision must front on a public paved road unless a private road is specifically provided for in Article 700, Section 717, Subsection (E). There shall be no reserve strips controlling access to streets except where a cause can be shown that such control would best serve the purpose of this Ordinance. D. STREETS AND ROADS DR A F T Page 386 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 320 The design of all public streets and roads within Randolph County shall conform to the minimum standards outlined in the most recent edition of Minimum Construction Standards for Subdivision Road as published by the NCDOT, Division of Highways. (1) Disclosure and approval by the Division of Highways shall comply with NCGS § 136-102.6. (2) All streets shall be named, and signs conforming to County standards shall be posted at intersections showing the name of every street. New streets that are in alignment with others already existing and named shall bear the names of the existing streets. In no case shall the names of new streets phonetically resemble existing street names. (3) All subdivisions requiring the development of new public roads must be named. A sign clearly indicating the name of the subdivision shall be posted at each entrance to the subdivision. (4) Means of ingress and egress for adjoining properties within the subdivision shall be provided. (5) Cul-de-sacs or other dead-end streets designed to be permanently closed shall be provided at the closed end with sufficient right-of-way for vehicular turnarounds. Circular rights-of-way at the closed end shall have a minimum radius of fifty feet, and the surfacing shall have a minimum radius of thirty-five feet. (6) No new subdivision or section created after the adoption of the Ordinance shall use a lot or easement previously platted and recorded to provide access to a new subdivision or section. E. PRIVATE ROADS Private roads or drives shall be permitted only in the following circumstances: (1) Developments that, by the nature of their design, could not occur if required to meet NCDOT subdivision road standards, for example, residential developments under unified or homeowner association control (e.g., manufactured home parks, apartment complexes, attached housing, PUDS) and commercial or industrial development under unified control; DR A F T Page 387 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 321 (2) Division of land into tracts that are five acres or greater in size; (3) No new subdivision or section created after the adoption of this Ordinance shall use a lot or easement previously platted and recorded to provide access to a new subdivision or section; or (4) In subdivisions in which a new street provides access to two or fewer lots, provided that the new street connects directly to a public street currently accepted and maintained by the NCDOT, and further provided that the new street is no longer than two-tenths mile. Where permitted, private roads may be constructed in compliance with the following conditions: (1) The developer shall sign a certificate attesting to the fact that an instrument will be recorded with the final plat, which guarantees; (2) A right of access by all lots served by the private road; (3) A full disclosure of the status of the road and specific road maintenance responsibilities (as required by NCGS § 136- 102.6), and that these listed items shall run with the land; and (4) Design standards for private roads are listed in Article 700, Section 722. F. BLOCKS Blocks shall be laid out with due consideration given to traffic circulation patterns and contemplated use. G. LOTS Lots shall be designed in shape, size, and location with due regard to topographic conditions, features of the surrounding area, contemplated use, and official plans and Ordinances. (1) MARGINAL LAND Land subject to flooding or land that may aggravate the flood hazard or increase danger to life or property if developed, and land uninhabitable for other reasons, shall not be considered platted for occupancy and shall not be used in determining the minimum lot area or maximum lot depth. (2) FRONTAGE ON A PUBLIC STREET DR A F T Page 388 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 322 Every lot shall front or abut on a public street (except where private roads are permitted) and shall have a minimum of one hundred feet at the building line. (3) DOUBLE AND REVERSE FRONTAGE Double frontage and reverse frontage lots shall be avoided, except where required in unusual circumstances specifically approved by the Randolph County Planning Board. (4) SIDE LOT LINES Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines. (5) AREA AND DIMENSIONS OF LOTS All lots shall conform to the minimum dimensional requirements for each zoning or as approved through the rezoning process. H. SEWER FACILITIES SERVING LOTS Where public sewer facilities are not available and individual sewage disposal systems are planned, the sub-divider, at his own expense, shall have the site investigated by Randolph County Public Health or another authorized, qualified, individual, firm, or agency, to determine whether or not such individual facilities are feasible and shall present proof that appropriate soil tests have been conducted and that each lot in the subdivision not served by public sewage disposal systems has been approved by Randolph County Public Health for sewage disposal systems before the final plat approval. The site investigation for sewage disposal shall include soil evaluations. The number of soil evaluations needed and the depth of test holes shall be determined by the Randolph County Environmental Health Sanitarian. Where individual septic systems are planned, minimum lot sizes specified in this Ordinance may need to be increased as required by the results of a soil and site evaluation performed by Randolph County Public Health, a Licensed Soil Scientist, or an Engineered Operation Permit under 15A NCAC 18A.1900. Water supply and sewage facilities shall comply with applicable State and County health and environmental laws and regulations. (See Article 700, Section 723 for water and waste disposal approval requirements). All residential lots shall have a minimum depth of the front building line from the front road right-of-way of thirty-five feet. This depth shall be increased on the recommendation of Randolph County Public Health, if necessary, for DR A F T Page 389 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 323 the installation of an individual sewage disposal system on the front of a lot. On double frontage lots, the minimum depth of the rear building line from the rear road right-of-way shall be thirty-five feet. On corner lots, the minimum depth of building lines from the side property line of the side street shall be thirty-five feet. On lakefront lots (other than those located in designated Water Critical Areas surrounding water supply lakes) there shall be a lake building line consisting of a line located across the lot parallel to and twenty-five feet from the official pond level measured along the natural ground surface and in no case shall a building be located below a contour line which shall be three feet above normal pond level. I. EASEMENTS To provide for public service poles, wires, conduits, storm or sanitary sewers, storm drainage channels, surface overflow, gas, water or heat mains, or other utilities, easements when and where required not less than twenty feet wide, (ten feet on either side) shall be required along all rear lot lines, and ten feet wide (five feet on either side) of all side lot lines or across lots where necessary. J. RECREATION AREAS AND SITES FOR PUBLIC FACILITIES Where a school site is shown on a publicly approved plan, which plan shall have been recorded with the Randolph County Register of Deeds and requested by the Randolph County Board of Education, such site shall either be dedicated for public purposes at the option of the property owner or reserved for acquisition by the appropriate public body for a period not exceeding eighteen months from the date of approval of the preliminary subdivision plan. K. WATER COURSES If there is any watercourse or dry branch of any type running through or within one hundred fifty feet of the property proposed for subdivision, the prospective sub-divider shall furnish reasonable evidence to the Randolph County Planning Board that residential lots within the subdivision will not be flooded, lots located in flood plains shall not be sold for residential purposes. L. BUFFER STRIPS FOR STREAMS A subdivision including within its boundaries a perennial stream shall provide for a fifty feet buffer of vegetation on both sides of the stream to retard rapid water runoff and soil erosion. Perennial streams are identified as the solid blue lines on USGS maps. Streets, roadways, railroads, and driveways are permitted in the stream buffer but shall be constructed to cross the buffer as nearly perpendicular as possible. Utility lines, greenways, and greenway-type recreation facilities are permitted within the buffer but shall be designed to have minimal impact. DR A F T Page 390 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 324 If the vegetative cover must be removed or disturbed, it shall be restored as soon as possible. The fifty-foot buffer shall be measured on a horizontal plane from the bank of the stream. The buffer zone may be included in calculating the lot size. M. PLANNED UNIT DEVELOPMENTS The foregoing requirements of this Article applicable to conventional subdivisions and may be modified in the case of Planned Unit Developments and Planned Business Developments. Requirements and the review process for Planned Unit Developments and Planned Business Developments are specified in the Special Use Permit provisions of this Ordinance. N. MANUFACTURED HOME SUBDIVISIONS Manufactured home subdivisions shall comply in all respects with the requirements of this Ordinance. It shall be further required that all manufactured homes in a manufactured home subdivision: (1) Be attached to the ground (after removal of the wheels and axles) either by use of permanent masonry material or by use of a manufacturer's unified vinyl enclosure; (2) Have a minimum roof pitch of 2.2 inches for every twelve feet; and (3) Meet or exceed manufactured home construction standards of the HUD (July 1, 1976). Electric power for the individual manufactured home shall not be released unless all the above requirements are met. 718: IMPROVEMENTS REQUIRED BEFORE APPROVAL OF FINAL PLAT A. INSTALLATION OF IMPROVEMENTS No subdivision plats shall be granted final approval until the required improvements have been made under the provisions of this Ordinance. B. PERFORMANCE GUARANTEES To assure compliance with these and other Ordinance requirements, the performance guarantees as outlined in Article 700, Section 704 will apply. C. SUBMISSION REQUIREMENTS DR A F T Page 391 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 325 Data demonstrating compliance with the improvement requirements must be prepared and submitted to the Randolph County Planning Director for whom final approval is sought. Specifications for final plats are listed in Article 700, Section 720. D. REQUIRED IMPROVEMENTS The following improvement requirements shall be fulfilled or guaranteed before a final plat shall be approved by the Randolph County Planning Director for recording: (1) PUBLIC STREETS Streets and all associated improvements, including storm drains, grading, base, and paving, shall be constructed by the subdivider per the specifications and standards of the NCDOT, Division of Highways, and shall be approved by the District Highway Engineer. (2) PRIVATE STREETS Private streets or drives shall be permitted only in the situations described in Article 700, Section 717. The word private shall be stamped on the final plat, and this shall be recorded with all conveyances along with road maintenance provisions. Design standards for private roads are noted in Article 700, Section 722. (3) MONUMENTS Permanent monuments, as defined in NCGS § 47-30, must be placed as described in NCGS § 47-30. (4) UTILITIES Water mains and sanitary sewers may be installed by the subdivider. If such installation is made, the subdivider shall comply with all rules and regulations prescribed for private and/or community water supply and waste disposal by the North Carolina Department of Human Resources, the North Carolina Department of Natural Resources and Community Development, and Randolph County Public Health; and with all regulations and construction specifications of any city to whose utility system such water mains and/or sanitary sewers may eventually be connected. Electrical utilities and communication lines shall be installed with arrangements made by the subdivider with the utility company or cooperative authorized to serve the area of the subdivision. Under Session Law 2019-174, if the power and communication lines to be buried existed above ground when DR A F T Page 392 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 326 the plat or plan was initially approved, even if the power line was subsequently relocated, and the power lines are located outside the parcel of land containing the subdivision, the power or communication lines are not required to be buried. Utilities that encroach upon the State Highway system shall require an Encroachment Contract executed by the person or firm responsible for maintenance. (5) WATER SUPPLY AND SEWAGE DISPOSAL ON INDIVIDUAL LOTS The size, location, and soil conditions of all lots in the subdivision shall be approved by Randolph County Public Health relative to individual water supply and sewage disposal systems. Water supply and wastewater treatment approval requirements are found in Section 723. (6) EROSION CONTROL The sub-divider shall mulch, seed, sod, or otherwise protect all grading, excavations, open cuts, side slopes, and other land surface disturbances. It is also the subdivider's responsibility to comply with the North Carolina Sedimentation and Pollution Control Act. The Randolph County Planning and Zoning Department will advise the developer to contact the North Carolina Department of Natural Resources and Community Development, Land Quality Section, which agency provides technical assistance and enforcement of the Sedimentation and Pollution Control Act. (7) REMOVAL OF LAND CLEARING WASTE The developer/property owner shall file a land-clearing waste plan with the Randolph County Planning and Zoning Department for any land-clearing waste or demolition waste removed/created for developing a subdivision. No open burning of land-clearing waste is allowed. This plan must be approved before final plat approval. (8) SUBDIVISION IDENTIFICATION SIGN All major subdivisions shall have a subdivision identification sign placed at the entrance to the subdivision. The sign shall comply with the regulations as found in Article 600, Section 635. DR A F T Page 393 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 327 719: SPECIFICATIONS FOR PRELIMINARY PLAT The preliminary plat shall be submitted on eighteen-inch by twenty-four-inch, twenty-one inches by thirty inches, and twenty-four inches by thirty-six-inch sheets, as allowed by NCGS § 47-30. The developer shall also submit a letter-size copy of the preliminary plat. Where the preliminary plat submitted covers only a part of the subdivider's tract, a sketch shall be submitted showing the prospective future street system and other features for the ultimate development of the entire tract. The lists of documents that are required or the information required on a preliminary plat may be amended as determined by Randolph County Planning and Zoning staff and such amendment shall have the full force as if the amendments were adopted by the Randolph County Board of Commissioners at the date of adoption of the Randolph County Unified Development Ordinance. Other documents that shall be included with preliminary plats for subdivisions include the following: (1) A written statement that the NCDOT District Engineer’s Office has reviewed and given preliminary approval to the road design preliminary plat; (2) The completed Plat Subdivision application form on the County website; (3) Proposed deed restrictions; (4) Open Space uses and proposed maintenance agreements; (5) Road maintenance agreements; (6) Homeowners Association documentation; (7) Buffer site plan; (8) Soil analysis; (9) Land Clearing Debris plan; and (10) A DWG file or a shapefile for all the survey or engineering work done on the proposed subdivision. The preliminary plats, along with all associated paperwork, may be submitted electronically. A. TITLE BLOCK AND GENERAL SITE DATA (1) Name of the development (duplicates of any type are not allowed). (2) Scale in figures and bar graph. DR A F T Page 394 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 328 (3) True north arrow with reference, generally oriented to the top of the sheet. (4) Type of plat (preliminary). (5) Owner’s name, address, and daytime phone number. (6) Location, including township, county, and state. (7) Location map showing the property to be subdivided and the surrounding area. (8) Date(s) map or plat was prepared or revised. (9) Name, address, and daytime telephone number of the preparer of the plat. (10) Proposed use of the property. (11) Names of adjoining property owners or subdivisions with plat book or deed book references. (12) Acreage in the total tract. (13) Parcel number of tract(s) to be subdivided, including plat book and/or deed book references. (14) The total number of proposed lots. (15) Linear feet in streets. (16) Acreage in public or private greenways or open spaces. (17) Acreage in a newly dedicated right-of-way. B. PLANIMETRIC DATA (1) Proposed lot lines and dimensions with bearings and distances. (2) Building setback lines. (3) Corporate limits, County lines, or other jurisdictional boundaries on the tract. (4) Existing property lines on the tract. (If property lines are to be changed or removed, dash and label the old lines.) DR A F T Page 395 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 329 (5) Dimension, location, and use of all existing buildings. (6) Address of existing structures. (7) Areas designated as common elements or open spaces to be controlled by an owner’s association. (8) Location, dimension, and type of existing and proposed easements. (9) Location, dimension, and type of proposed common recreation facilities. (10) Railroad lines or rights-of-way. (11) Lots are sequenced or numbered consecutively. (12) Square footage of all proposed lots less than one acre in size; acreage for all lots greater than one acre in size. (13) Boundaries of the tract to be developed showing the location of intersecting boundary lines or adjoining properties. (14) The name and location of any property or building on the National Register of Historic Places or locally designated historic property. (15) Areas to be dedicated or reserved for the public. C. ENVIRONMENTAL DATA (1) Watercourses, ponds, lakes, streams, or cemeteries, including fifty feet of no-cut buffer around watercourses, ponds, lakes, or streams. (2) Location of floodway and floodway fringe from Flood Hazard Boundary Maps with cross-section elevations. (3) Existing and proposed topography of the tract may be required by the Planner or Technical Review Committee if the topography is extreme. (4) Designated watershed noted with applicable watershed critical tiers shown. (5) Existing well locations. DR A F T Page 396 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 330 (6) One hundred feet well setback from tax-deferred farms. (7) Marshes, swamps, or other wetlands. D. STREET DATA (1) Show right-of-way lines and dimensions based on this Ordinance standard, including centerline, within and adjacent to the property. (2) Existing and proposed cul-de-sac pavement radius. (3) Existing street names and state road numbers. (4) Proposed street names. (5) Sight distance triangles at each intersection (ten feet by seventy feet). 720: SPECIFICATIONS FOR FINAL PLAT The final plat shall be submitted on eighteen inches by twenty-four inches, twenty-one inches by thirty inches, or twenty-four inches by thirty-six-inch sheets, as allowed by NCGS § 47-30. If more than two sheets are required, an index sheet of the same dimensions shall be provided. The final plat shall contain the following information: A. TITLE DATA (1) Date of submission (2) Name and address of the owner(s) (3) Name of subdivision (4) Location designation (township, County, school district, State) (5) Name and address of the engineer or surveyor (6) Scale in figures and bar graph (7) North arrow (8) Final Plat notation (9) Certificates (Reference Article 700, Section 724) B. SURROUNDING PROPERTIES INFORMATION DR A F T Page 397 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 331 (1) Property lines, property owners, and subdivisions. (2) Rights-of-way, easements, reservations, and public use sites are located and identified within five hundred feet of the property being subdivided. C. PROPERTY BEING SUBDIVIDED (1) Street rights-of-way, widths of pavements, centerlines, and names of streets as posted on site. (2) Property boundary lines, including bearings and distances as determined by survey. (3) Block and lot line with dimensions, block, and lot numbers. (4) Minimum building setback lines. (5) Size of each lot as calculated outside of any rights-of-way. (6) Identification and dimensions of easements, reservations, and dedicated areas. (7) Location, extent, and identification of floodplains, watersheds, water-critical areas, or other restricted lands. (8) Sufficient data of monuments and markers to determine readily and reproduce on the ground, the location, bearing, and length of all the above items. (9) All buffer areas will be permanently restricted through recorded private deed restrictions and annotated on the final recorded plat. 721: SPECIFICATIONS FOR MINOR SUBDIVISION PLAT A minor subdivision plat shall be submitted on eighteen inches by twenty-four inches, twenty-one inches by thirty inches, or twenty-four inches by thirty-six-inch sheets, as allowed by NCGS § 47-30. The following information shall be included: (1) Date of submission; (2) Name and address of owners; (3) Location designation (township, County, zoning district); DR A F T Page 398 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 332 (4) Name and address of surveyor; (5) Scale; (6) North arrow; (7) Property lines, property owners, and subdivisions of surrounding property owners; (8) Size of each lot as calculated outside of any rights-of-way; (9) Surveyed lots with all dimensions, easements, reservations; and (10) Sufficient data of monuments and markers to determine readily and reproduce on the ground the location, bearing, and length of all the above items. 722: DESIGN STANDARDS FOR PRIVATE STREETS Private streets or roads (except as noted in two and three below) shall be constructed to the NCDOT, Division of Highways' minimum standards. The most recent edition of the pamphlet Subdivision Roads, Minimum Construction Standards shall be used as a guide with the following exceptions: (1) The roads will not have to be paved, or (2) The base can be reduced to four inches of stabilized material. All roads shall have a minimum of forty-five feet of right-of-way with a minimum of four inches of stabilized material. Private roads in subdivisions under unified control (e.g., homeowners association), such as Planned Unit Developments or Cluster Developments, shall be paved according to State Department of Transportation specifications. However, the pavement and right-of- way width may be reduced from NCDOT standards upon submission to the Randolph County Planning Board of the roadway, shoulder, and ditch design specifications by a registered engineer. Private roads in subdivisions of five-acre tracts or greater are not required to meet NCDOT minimum construction standards. However, private roads in such subdivisions shall have a minimum right-of-way width of forty-five feet and shall be graveled with a minimum of four inches of gravel. DR A F T Page 399 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 333 The developer shall comply with all applicable provisions of NCGS § 136-102.6, and as amended, relative to subdivision street disclosure information. 723: APPROVAL OF WATER SUPPLY AND WASTE TREATMENT SYSTEMS A. WATER SUPPLY SYSTEMS (1) Water supply systems planned to serve fifteen or more connections or at least twenty-five permanent residents are classified as community public water supplies by the State of North Carolina. Plans and specifications for such systems must be prepared by a professional engineer registered in North Carolina and submitted to the Public Water Supply Branch (Regional Office) Department of Human Resources. (2) Water supply systems planned to serve fourteen or fewer connections or less than twenty-five permanent residents are regulated by Randolph County Public Health. Plans and specifications shall be submitted to Randolph County Public Health for approval. (3) Individual water supplies (wells) are regulated by Randolph County Public Health and shall be located, constructed, and operated under County and State regulations administered through Randolph County Public Health. B. WASTE TREATMENT Plans for waste treatment must first be presented to Randolph County Public Health. Whenever possible, non-discharging septic systems will be required, with location, lot size, and installation regulated by Randolph County Public Health. If septic treatment (or hook-up to a municipal sewer system) is not possible, a letter must be obtained from Randolph County Public Health to this effect. Thereafter, the developer may apply to the Division of Environmental Management (Regional Office), Department of Natural Resources and Community Development for a permit to install a community sewer system. The number of hook-ups approved for the treatment and the level of treatment required are regulated by the permit process of the Division of Environmental Management. All private sewage treatment plants shall be enclosed with a chain-link fence a minimum of eight feet in height and locked when the plant is unattended. This requirement applies to all existing and new private sewage treatment plants. DR A F T Page 400 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 334 724: REQUIRED CERTIFICATIONS All certificates shown on plats shall be as required by NCGS § 47-30 and must include the appropriate signature and date lines as required. The following certificates are also required if applicable. A. CERTIFICATE FOR PUBLIC WATER SUPPLY WATERSHED NOTICE This property is located within a Public Water Supply Watershed. DEVELOPMENT RESTRICTIONS MAY APPLY. B. CERTIFICATE FOR OPEN SPACE Dedication, use, ownership, and maintenance of the Open Space shall be as required by Randolph County Land Use Ordinances. 725: MODEL HOMES WITHIN SUBDIVISION DEVELOPMENTS A model home may include an area designated as a Business Group B occupancy, including for use as a sales office and conducting development-related business with prospective purchasers. Upon completing the construction of a model home, Randolph County may issue a temporary Certificate of Occupancy according to NCGS § 160D-1116 if the permit holder, in their request for the temporary Certificate of Occupancy, designated certain areas within the model home as a Business Group B occupancy. An area designated as, or leading to, Business Group B occupancies within the model home must meet accessibility requirements as required by State and federal law. Any other areas shall only be utilized for display purposes for prospective buyers to view the developer’s product and for no other purposes. A permit holder receiving a temporary Certificate of Occupancy for a model home according to this section must conspicuously post and maintain signage at entrances to model home display areas specifying that the display area is only for prospective buyers to view the developer’s product and for no other purposes. All persons and units of Randolph County authorizing the connection of electrical, water, sewer, and any related utility services to a model home must connect services requested by a permit holder upon issuance of a temporary Certificate of Occupancy to a model home according to this section. DR A F T Page 401 of 517 ARTICLE 700: SUBDIVISION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 335 A permit holder receiving a temporary Certificate of Occupancy for a model home according to this section shall shut off all water to bathroom facilities within a model home. Equitable bathroom facilities for accessibility shall be provided on the premises. DR A F T Page 402 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 336 ARTICLE 800: WATERSHED PROTECTION ORDINANCE 801: WATERSHED PROTECTION ORDINANCE A. AUTHORITY AND ENACTMENT The North Carolina General Assembly has, in Chapter 153A, Article 6, Section 121, General Ordinance Making Power; and in Chapter 143, Article 21, Water and Air Resources, authorized Randolph County to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. In addition, NCGS § 160D-926 specifically authorized Randolph County to enact and enforce water supply watershed management regulations. The Randolph County Board of Commissioners does hereby ordain and enact into law the following articles as the Randolph County Watershed Protection Ordinance. B. JURISDICTION The provisions of this Randolph County Watershed Protection Ordinance shall apply within the areas designated as a Water Supply Watershed by the North Carolina Environmental Management Commission and shall be defined and established on a water supply watershed protection map of Randolph County, North Carolina, which is adopted simultaneously herewith. These provisions shall be applied throughout Randolph County except in areas subject to the municipal planning and development regulation jurisdiction. The watershed map and all explanatory matter contained thereon accompany and are hereby made part of this Randolph County Watershed Protection Ordinance. This Ordinance shall be permanently kept on file in the office of the Clerk to the Randolph County Board of Commissioners. C. EXCEPTIONS TO APPLICABILITY Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this Ordinance amend, modify, or restrict any provisions of the Code of Ordinances of Randolph County; however, the adoption of this Ordinance shall and does amend all ordinances, resolutions, and regulations in effect in Randolph County at the time of the adoption of this Ordinance that may be construed to impair or reduce the effectiveness of this Ordinance or to conflict with any of its provisions. It is not intended that these regulations interfere with any easement, covenants, or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall DR A F T Page 403 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 337 control. Existing development, as defined in this Ordinance, is not subject to the requirements of this Ordinance. Expansions to existing development must meet the requirements of this Ordinance, except expansions to single-family residential development unless the expansion is a part of the common plan of development. In an expansion, the built-upon area of the existing development is not required to be included in the density calculations. Where there is a net increase of built-upon area, only the area of the net increase is subject to this Ordinance. Where existing development is being replaced with a new built- upon area, and there is a net increase of built-upon area, only areas of the net increase shall be subject to this Ordinance. If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then that lot of record shall not be subject to the development restrictions of this Ordinance if it is developed for single-family residential purposes. Randolph County requires the combination of contiguous nonconforming lots of records owned by the same party to establish a lot or lots that meet the requirements in Section 802 of this Ordinance. Any lot or parcel created as part of a family subdivision after the effective date of these rules shall be exempt from these rules if it is developed for one single-family detached residence and if it is exempt from local subdivision regulation. Any lot or parcel created as part of any other type of subdivision, that is exempt from the Randolph County Subdivision Ordinance shall be subject to the land use requirements (including impervious surface requirements) of these rules, except that such a lot or parcel must meet the minimum buffer requirements to the maximum extent practicable. An applicant may exceed the density limits in Article 803 if all of the following circumstances apply: The property was developed before the effective date of the Randolph County Watershed Protection Ordinance; The property has not been combined with additional lots after January 1, 2021; The property has not been a participant in a density averaging transaction under NCGS § 143-214.5(d2); DR A F T Page 404 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 338 The current use of the property is nonresidential; In the sole discretion, and at the voluntary election, of the property owner, the stormwater from all of the existing and new built-upon areas of the property is treated under all applicable Randolph County, State, and Federal laws and regulations; and The remaining vegetated buffer on the property is preserved per the requirements of this Ordinance. D. REPEAL OF EXISTING WATERSHED ORDINANCE This Ordinance in part carries forward by re-enactment, some of the Randolph County Watershed Protection Ordinance adopted by the Randolph County Board of Commissioners on October 7, 1997, and as amended, and it is not the intention to repeal but rather to re-enact and continue in force such existing provisions so that all rights and liabilities that have accrued thereunder are preserved and may be enforced. All provisions of the Randolph County Watershed Ordinance that are not re-enacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of any ordinance provisions heretofore in effect, which are now pending in any court of this state or of the United States, shall not be abated or abandoned by reason because of the adoption of this Ordinance, but shall be prosecuted to their finality the same as if this Ordinance had not been adopted; and all violations of the existing Randolph County Watershed Protection Ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this Ordinance shall be so construed as to abandon, abate or dismiss any litigation or prosecution now pending and/or which may heretofore have been instituted or prosecuted. E. CRIMINAL PENALTIES2 Any person violating any provisions of this Ordinance shall be guilty of a violation of this Ordinance and be subject to Article 400, Section 405. The maximum fine for each offense shall not exceed $500.00. Each day that the violation continues shall constitute a separate offense. F. REMEDIES If any subdivision, development, and/or land use is found to violate this Ordinance, the Randolph County Board of Commissioners may, in addition to all other remedies available either in law or in equity, institute a civil penalty of $500.00, action or proceedings to restrain, correct, or abate the violation; to prevent the occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises. 2 Water quality rules are found in NCGS 143 so it is possible that additional criminal penalties may apply. DR A F T Page 405 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 339 Also, the North Carolina Environmental Management Commission may assess civil penalties under NCGS 143-215.6(a). Each day that the violation continues shall constitute a separate offense. If the Watershed Administrator finds that any of the provisions of this Ordinance are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. He shall order the discontinuance of the illegal use of land, buildings, or structures; removal of illegal buildings or structures, or additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions. If a ruling of the Watershed Administrator is questioned, the aggrieved party or parties may appeal such ruling to the Watershed Review Board. G. SEVERABILITY Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, the declaration shall not affect the validity of this Ordinance as a whole or any part thereof that is not specifically declared to be invalid or unconstitutional. H. EFFECTIVE DATE This Ordinance shall take effect and be in force on the date of adoption of the Randolph County Unified Development Ordinance, March 10, 2025. 802. SUBDIVISION REGULATIONS A. GENERAL PROVISIONS No subdivision plat of land within the Water Supply Watershed shall be filed or recorded by the Randolph County Register of Deeds until it has been approved with the provisions of this Article. Likewise, the Randolph County Clerk of Superior Court shall not order or direct the recording of a plat if the recording of such a plat would conflict with this Article. The approval of a plat does not constitute or affect the acceptance by Randolph County or the public of the dedication of any street or other ground, easement, right-of-way, public utility line, or other public facility shown on the plat and shall not be construed to do so. All subdivisions shall conform to the mapping requirements contained in NCGS 47-30. DR A F T Page 406 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 340 All subdivisions of land within the jurisdiction of Randolph County after the effective date of this Ordinance shall require a plat to be prepared, approved, and recorded under this Ordinance. B. SUBDIVISION APPLICATION AND REVIEW PROCEDURES All proposed subdivisions shall be reviewed before recording with the Randolph County Register of Deeds by submitting a vicinity map to the Watershed Administrator to determine whether the property is located within the designated Water Supply Watershed. Subdivisions that are not within the designated watershed area shall not be subject to the provisions of this Ordinance and may be recorded provided the Watershed Administrator initials the vicinity map. Subdivisions within a WS-IV watershed are subject to the provisions of this Ordinance only when an erosion and sedimentation plan is required under the provisions of State law or an approved local program, unless another stormwater program applies. Subdivisions within the designated watershed area shall comply with the provisions of this Ordinance and all other state and local requirements that may apply. Subdivision applications shall be filed with the Watershed Administrator. The application shall include a completed application form, two copies of the plat, a description of the proposed method of providing stormwater drainage, and supporting documentation deemed necessary by the Watershed Administrator or the Watershed Review Board. The Watershed Administrator shall review the completed application and shall either approve, approve conditionally, or disapprove each application. The Watershed Administrator shall take final action within forty-five days of submission of the application. The Watershed Administrator or the Board may provide public agencies with an opportunity to review and make recommendations. However, the failure of the agencies to submit their comments and recommendations shall not delay action within the prescribed time limit. Said public agencies may include, but are not limited to, the following: (1) The NCDOT district highway engineer concerning proposed streets and highways; (2) The director of Randolph County Public Health, concerning the proposed private water system or sewer systems, normally approved by Randolph County Public Health; (3) The state Division of Water Resources concerning proposed sewer systems normally approved by the Division; (4) The State Division of Energy, Mineral, and Land Resources DR A F T Page 407 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 341 concerning engineered stormwater controls or stormwater management in general; (5) Randolph County for subdivisions located in the Extraterritorial Jurisdiction of a municipality; (6) Local government entities responsible for proposed sewer and/or water systems; or (7) Any other agency or official designated by the Watershed Administrator or Watershed Review Board. If the Watershed Administrator approves the application, such approval shall be indicated on both copies of the plat by the following certificate and signed by the Watershed Administrator: Certificate of Approval for Recording I certify that the plat shown herein complies with the Randolph County Watershed Protection Ordinance and is approved by the Randolph County Watershed Review Board for recording in the Randolph County Register of Deeds Office. _____________ ___________________________ Date Watershed Administrator NOTE: This property is located within a Public Water Supply Watershed. Development restrictions may apply. If the Watershed Administrator disapproves or approves conditionally the application, the reasons for such action shall be stated in writing to the applicant. The subdivider may make changes and submit a revised plan, which shall constitute a separate request for review. As a condition for approval, all subdivision plats shall comply with the requirements for recording with the Randolph County Register of Deeds. The plat shall be recorded within thirty days of approval. The Subdivider shall provide the Watershed Administrator with evidence that the plat has been recorded with the Randolph County Register of Deeds within five working days of recordation. C. SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS All lots shall provide adequate building space with the development standards contained in Article 803. Lots that are smaller than the minimum required for residential lots may be developed using built-upon area criteria DR A F T Page 408 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 342 under Article 803. To calculate the built-upon area, the total project area shall include the total acreage in the tract on which the project is to be developed. The application shall, where required, be accompanied by the Sedimentation and Erosion Control Plan approved by the North Carolina Division of Land Quality administering a Sedimentation and Erosion Control Ordinance approved by the North Carolina Division of Energy, Mineral, and Land Resources. Roads constructed in critical areas and watershed vegetated conveyance areas. Where possible, roads should be located outside of critical areas and watershed vegetated conveyance areas. Roads constructed within these areas shall be designed and constructed to minimize their impact on water quality. D. CONSTRUCTION PROCEDURES No construction or installation of improvements shall commence in a proposed subdivision until a subdivision plat has been approved. No building or other permits shall be issued for the erection of a structure on any lot not on record at the time of adoption of this Ordinance until all requirements of this Ordinance have been met. The subdivider, before commencing any work within the subdivision, shall plan with the Watershed Administrator to provide for adequate inspection. E. PENALTIES FOR TRANSFERRING LOTS IN UNAPPROVED SUBDIVISIONS Any person who, being the owner or agent of the owner of any land located within the jurisdiction of Randolph County, thereafter subdivides his land in violation of this Ordinance or transfers or sells land by reference to, the exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this Ordinance and recorded in the Randolph County Register of Deeds, shall be guilty of violation of this Ordinance and be subject to Article 400, Section 405. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. Randolph County may bring an action for an injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this Ordinance. F. STORM WATER DRAINAGE FACILITIES The application shall be accompanied by a description of the proposed method of providing stormwater drainage. The subdivider shall provide a drainage system that diverts stormwater runoff away from surface waters, DR A F T Page 409 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 343 incorporate Storm Water Control Measures to minimize water quality impacts, and meet Randolph County requirements. 803: ESTABLISHMENT OF WATERSHED AREAS The purpose of this Article is to list and describe the watershed areas herein adopted. For purposes of this Ordinance, Randolph County is hereby divided into the following areas as appropriate. Watershed Classification Watershed Type WS-I Watershed One WS-II-CA Watershed Two Critical Area WS-II-BW Watershed Two Watershed Area WS-III-CA Watershed Three Critical Area WS-III-BW Watershed Three Watershed Area WS-IV-CA Watershed Four Critical Area WS-IV-PA Watershed Four Protected Area WS-V Watershed Five Table 41: Watershed Area Table For this Ordinance, the following watershed falls into the appropriate classification. DR A F T Page 410 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 344 CLASSIFICATION WATERSHED WS-I n/a WS-II-CA Back Creek UT to Cedar Fork Creek WS-II-BW Back Creek UT to Cedar Fork Creek Uwharrie River (Lake Reese) WS-III-CA Uwharrie River (Lake Reese) Polecat Creek Sandy Creek WS-III-BW Bear Creek (CPF) Lake Reese Polecat Creek Rocky River Sandy Creek WS-IV-CA Deep River (Randleman Lake) WS-IV-PA Badin Lake Big Alamance Lake Deep River (Randleman Lake) WS-V n/a Table 42: Randolph County Watershed Classifications 804: WATERSHED AREAS ALLOWED AND NON-ALLOWED USES The following table lists various allowed and non-allowed uses in the watershed areas of Randolph County. Note that if a use is listed as allowed does not mean that the Randolph County Zoning Ordinance will allow the use without required public hearings. A checkmark indicates that the use is allowed, and if the use is blank, the use is not allowed. ACTIVITY/USE WS -I WS -II A WS -II BW WS -II I CA WS -II I BW WS -IV CA WS -IV PA WS -V Agriculture1 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Animal Operations2 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Groundwater remediation project discharges3 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Industrial waste ✓4 New industrial connections and expansions to existing municipal discharge with pretreatment program pursuant to 15A NCA 02H.0904 ✓ ✓ ✓ New landfills ✓ ✓ ✓ ✓ New NPDES Individual Permit for domestic treated wastewater discharge ✓ ✓ ✓ ✓ DR A F T Page 411 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 345 ACTIVITY/USE WS -I WS -II A WS -II BW WS -II I CA WS -II I BW WS -IV CA WS -IV PA WS -V New NPDES Individual Permit industrial treated wastewater discharge ✓ ✓ ✓ New permitted petroleum-contaminated soil sites ✓ ✓ ✓ ✓ New permitted residual land application ✓ ✓ ✓ ✓ Nonpoint Source Pollution5 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Non-process industrial waste ✓ ✓ ✓ ✓ ✓ Non-residential Development6, 7 ✓ ✓ ✓ ✓ ✓ ✓ ✓ NPDES General or Individual Stormwater discharges ✓8 ✓ ✓ ✓ ✓ ✓ ✓ ✓ NPDES General Permit Wastewater discharges pursuant to 15A NCAC 02H.0127 ✓8 ✓ ✓ ✓ ✓ ✓ ✓ ✓ NPDES Individual Permit trout farm discharges ✓8 ✓ ✓ ✓ ✓ ✓ ✓ ✓ Other wastes ✓4 Residential Development5 ✓ ✓ ✓ ✓ ✓ ✓ ✓ Sewage ✓4 Silviculture9 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Table 43: Allowed and Non-Allowed Uses Notes to Allowed and Non-Allowed Uses 1In WS-I watershed and Critical Areas of WS-II, WS-III, and WS-IV watersheds, agricultural activities conducted after January 1, 1993, shall maintain a minimum 10-foot vegetated setback or equivalent control as determined by SWCC along all perennial waters indicated on more recent versions of USGS 1:24,000 (7.5 minute) topographic maps or as determined by Randolph County studies. 2Deemed permitted, as defined in 15A NCAC 02T .0103 and permitted under 15A NCAC 2H .0217. 3Where no other practical alternative exists. 4Not allowed if activity(ies) has/hurt human health. 5NPS pollution shall not have an adverse impact, as defined in 15A NCAC 02H.1002, and used as a water supply or any other designated use. 6See density requirements in 15A NCAC 02B .0624. 7See the different allowed and not allowed in this table. 8Permitted pursuant to 15A NCAC 02B .0104. 9Subject to Forest Practice Guidelines Related to Water Quality (02 NCAC 60C.0100 to .0209) effective April 1, 2018. DR A F T Page 412 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 346 805: WATERSHED AREAS: DENSITY AND BUILT-UPON LIMITS A. PROJECT DENSITY The following maximum allowable project densities and minimum lot sizes shall apply to a project according to the classification of the water supply watershed where it is located, its relative location in the watershed, its project density, and the type of development: DENSITY AND BUILT-UPON LIMITS Water Supply Classification Location in the Watershed Maximum Allowable Project Density or Minimum Lot Size Low-Density Development High-Density Development Single-family detached residential Non-residential and all other residential All types WS-I Not Applicable: Watershed shall remain underdeveloped except for the following uses when they cannot be avoided: power transmission lines, restricted access roads, and structures associated with water withdrawal, treatment, and distribution of the WS-1 Water. Built-upon area shall be designed and located to minimize stormwater runoff impact on receiving waters. WS-II Critical Area One dwelling unit per 80,000 sq. ft. Six percent Six to twenty- four percent Balance of Watershed One dwelling unit per 40,000 sq. ft. Twelve percent Twelve to thirty percent WS-III Critical Area One dwelling unit per 80,000 sq. ft. Twelve percent Twelve to thirty percent Balance of Watershed One dwelling unit per 40,000 sq. ft. Twenty-four percent Twenty-four to fifty percent WS-IV Critical Area One dwelling unit per 40,000 sq. ft. Twenty-four percent Twenty-four to fifty percent Protected Area One dwelling unit per 80,000 sq. ft. Twenty-four percent or thirty- six percent without curb and gutter street system Twenty-four to seventy percent WS-V Not Applicable Table 44: Density and Built-Upon Limits DR A F T Page 413 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 347 806: CALCULATION OF PROJECT DENSITY The following requirements shall apply to the calculation of project density. 1. Project density shall be calculated as the total built-upon area divided by the total project area. 2. A project with existing development, as that term is defined in the Ordinance, may use the calculation method in Sub-item (1) of this item or may calculate project density as the difference of total built-upon area minus existing built-upon area divided by the difference of total project area minus existing built-upon area. 3. Expansions to existing development shall be subject to 15A NCAC 02B .0624 except as excluded in 15A NCAC 02 B.0622 (1) (d). 4. Where there is a net increase of built-upon area, only the area of the net increase shall be subject to density and built-upon area limits. 5. Where existing development is being replaced with a new built-upon area, and there is a net increase of built-upon area, only the area of the net increase shall be subject to density and built-upon area limits. 6. The total project area shall exclude the following: a. Areas below the normal high-water line (NHWL); and b. Areas defined as coastal wetlands according to 15A NCAC 07H.0205, herein incorporated by reference, including subsequent amendments and editions, and available at no cost at http://reports.oah.state.nc.us/ncac/, as measured landward from the NWHL. 7. Projects under a common plan of development shall be considered as a single project for purposes of density calculation, except that, on a case-by- case basis, Randolph County may allow projects to be considered to have both high and low-density areas based on one or more of the following criteria: a. Natural drainage area boundaries; b. Variations in land use throughout the project; or c. Construction phasing. DR A F T Page 414 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 348 LOW-DENSITY PROJECTS: In addition to complying with the project density requirements of this Ordinance, low- density projects shall comply with the following: 1. Stormwater runoff from the project shall be released to vegetative areas as dispersed flow or transported by vegetated conveyances to the maximum extent practicable. In determining whether these criteria have been met, Randolph County shall consider site-specific factors such as topography and site layout, as well as protection of water quality. Vegetated conveyances shall be maintained in perpetuity to ensure that they function as designed. Vegetated conveyances that meet the following criteria shall be deemed to satisfy the requirements of this sub-item: a. Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated to Randolph County that the soils and vegetation will remain stable in perpetuity based on engineering calculations and on-site soil investigation; and b. The conveyance shall be designed so that it does not erode during the peak flow from the ten-year storm event, as demonstrated by engineering calculations. 2. In place of vegetated conveyances, low-density projects shall have the option to use curbs and gutters with outlets to convey stormwater to grassed swales or vegetated areas. Requirements for these curb outlet systems shall be as follows: a. The curb outlets shall be located such that the swale of a vegetated area can carry the peak flow from the ten-year storm at a non-erosive velocity; b. The longitudinal slope of the swale or vegetated area shall not exceed five percent except where not practical due to physical constraints. In these cases, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided; c. The swale’s cross-section shall be trapezoidal with a minimum bottom width of two feet; d. The side slopes of the swale or vegetated area shall be no steeper than 3:1 (horizontal to vertical); e. The minimum length of the swale or vegetated area shall be one hundred feet; and DR A F T Page 415 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 349 f. Low-density projects may use treatment swales designed under 15A NCAC 02H.1016 instead of the requirements specified in sub-items (a) through (e) above. HIGH-DENSITY PROJECTS: Reserved OPTIONS FOR IMPLEMENTING PROJECT DENSITY: Randolph County has the following options in place of or in addition to the requirements of the above sections, as appropriate. 1. Randolph County only allows low-density development in the water supply watershed areas under this Ordinance. 2. Randolph County may regulate low-density single-family detached residential development using the minimum lot size requirements, dwelling unit per acre requirements, built-upon area percentages, or some combinations of these. 3. Outside of WS-I watersheds and the critical areas of WS-II, WS-III, and WS- IV watersheds, Randolph County may regulate new development under the 10/70 Option under the following requirements: a. A maximum of ten percent of the land area of a water supply watershed outside of the critical area and within Randolph County’s planning jurisdiction may be developed with new development projects and expansions of an existing development of up to seventy percent built-upon area. b. In the water supply watershed classified on or before August 3, 1992, the beginning amount of acreage available under this option shall be based on Randolph County’s jurisdiction as delineated on July 1, 1993. In water supply watersheds classified after August 3, 1992, the beginning amount of acreage available under this option shall be based on Randolph County’s jurisdiction as delineated on the date the water supply watershed classification became effective. The average within the critical area shall not be counted under the 10/70 Option acreage; c. Projects that are covered under the 10/70 Option shall comply with the low-density requirements outlined in the Low-Density Project above; d. The maximum built-upon area allowed on any given new development project shall be seventy percent; DR A F T Page 416 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 350 e. Randolph County, having jurisdiction within a designated water supply watershed, may transfer, in whole or in part, its right to the 10/70 land area to another local government within the same water supply watershed upon submittal of a joint resolution and approval by the Environmental Management Commission; and f. When the water supply watershed is composed of public lands, such as National Forest land, Randolph County may count the public land acreage within the watershed outside of the critical area in calculating the acreage allowed under this provision. 4. New development shall meet the development requirements on a project- by-project basis, except Randolph County may submit ordinances that use density or built-upon area criteria averaged throughout Randolph County’s watershed jurisdiction instead of on a project-by-project basis within the watershed. Before approval of the ordinance, Randolph County shall demonstrate to the Environmental Management Commission that the provisions, as averaged, meet or exceed the statewide minimum requirements and that a mechanism exists to ensure the planned distribution of development potential throughout Randolph County’s jurisdiction within the watershed. 5. Randolph County may administer oversight of future development activities in single-family detached residential developments that exceed the applicable low-density requirements by tracking dwelling units rather than percentage built-upon area, as long as the SCM is sized to capture and treat runoff from (i) all pervious and built-upon surfaces shown on the development plan and (ii) any off-site drainage from pervious and built-upon surfaces, and when an additional safety factor of fifteen percent of the built- upon area of the project site if figured in. 807: DENSITY AVERAGING An applicant may average development density on up to two noncontiguous properties for purposes of achieving compliance with the water supply watershed development standards if all the following circumstances exist: 1. The properties are within the same water supply watershed. If one of the properties is in the critical area of the watershed, the critical area property shall not be developed beyond the applicable density requirements for its classification. DR A F T Page 417 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 351 2. Overall project density meets applicable density or stormwater control requirements under 15A NCAC 2N.0200. 3. Vegetated setbacks on both properties meet the minimum statewide water supply watershed protection requirements. 4. Built-upon areas are designed and located to minimize stormwater runoff impact on the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas. 5. Areas of concentrated density development are in upland areas and, to the maximum extent practicable, away from surface waters and drainage ways. 6. The property or portions of the properties that are not being developed will remain in a vegetated or natural state and will be managed by a homeowners’ association as a common area, conveyed to Randolph County as a park or greenway, or placed under a permanent conservation or farmland preservation easement unless it can be demonstrated that Randolph County can ensure long-term compliance through deed restrictions and an electronic permitting mechanism. A metes and bounds description of the area to remain vegetated and limits on use shall be recorded on the subdivision plat, in homeowners’ covenants, and on the individual deed and shall be irrevocable. 7. Development permitted under density averaging and meeting applicable low-density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable. 8. A Special Use Permit or other such permit or certificate shall be obtained from the Randolph County Watershed Review Board or the Randolph County Zoning Board of Adjustment to ensure that both properties considered together meet the standards of this Ordinance and that potential owners have a record of how the watershed regulations were applied to the properties. 808: CLUSTER DEVELOPMENT Cluster development is allowed in all Watershed Areas, except WS-I, under the following conditions: 1. Minimum lot sizes do not apply to single-family cluster development projects; however, the total number of lots shall not exceed the number of lots allowed for single-family detached developments as outlined in Section DR A F T Page 418 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 352 805. The density or built-upon area for the project shall not exceed that allowed for the critical area or protected area, whichever applies. 2. All built-upon areas shall be designed and located to minimize stormwater runoff impact on the receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas. 3. Areas of concentrated density development shall be located in upland areas and as far as practicable from surface waters and drainage ways. 4. The remainder of the tract shall remain in a vegetated or natural state. The title to the open space area shall be conveyed to an incorporated homeowners’ association for management or a conservation organization for preservation in a permanent easement. 5. Cluster developments that meet the applicable low-density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable. 809: VEGETATED SETBACKS REQUIRED A minimum one-hundred-foot vegetative buffer (fifty feet on each side of perennial water) is required for all new development activities along all perennial waters indicated on the most recent versions of the USGS 1:24,000 (7.5 minute) scale topographic maps or as determined by Randolph County studies. Desirable artificial streambank or shoreline stabilization is permitted. Where USGS topographic maps do not distinguish between perennial and intermittent streams, an on-site stream determination may be performed by an individual qualified to perform such stream determinations. No new development is allowed in the buffer except for water-dependent structures, other structures such as flag poles, signs, and security lights, which result in only diminutive increases in impervious areas, and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters, and maximize the utilization of stormwater Best Management Practices. Any such development must obtain a Special Use Permit from the Randolph County Watershed Review Board. 810: APPLICATION OF REGULATIONS DR A F T Page 419 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 353 No building or land shall hereafter be used, and no development shall take place except in conformity with the regulations herein specified for the watershed area in which it is located. No area required for complying with the provisions of this Ordinance shall be included in the area required for another building. Every residential building hereafter erected, moved, or structurally altered shall be located on a lot that conforms to the regulations herein specified, except as permitted in Section 809. If a use or class of use is not specifically indicated as being allowed in a watershed area, such use or class of use is prohibited. 811: RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES Where uncertainty exists as to the boundary of the watershed areas, as shown on the Watershed Protection Map of Randolph County, North Carolina, the following rules shall apply. A. Where boundaries are indicated as approximately following either a street, alley, railroad, or highway lines or centerlines thereof, such lines shall be construed to be said boundaries. B. Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. However, a survey plat prepared by a registered land surveyor may be submitted to Randolph County as evidence that one or more properties along these boundaries do not lie within the watershed area. C. Where the watershed area boundaries lie at a scaled distance of more than twenty-five feet from any parallel lot line, the location of the watershed area boundaries shall be determined by use of the scale appearing on the watershed map. Any ambiguities should be resolved in favor of locating the built-upon surface area in the least environmentally sensitive area of the project. D. Where the watershed area boundaries lie at a scaled distance of twenty- five feet or less from any parallel lot line, the location of the watershed area boundaries shall be construed to be the lot line. DR A F T Page 420 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 354 E. Where another uncertainty exists, the Watershed Administrator shall interpret the watershed map as to the location of such boundaries. This decision may be appealed to the Watershed Review Board. 812: EXISTING DEVELOPMENT Existing development as defined in this Ordinance may be continued, and maintained subject to the provisions provided herein. Expansions to structures classified as existing development must meet the requirements of this Ordinance, however, the built-upon area of the existing development is not required to be included in the built-upon area calculations. Please see Section 806, Calculation of Project Density. This section deals with all existing development as defined in the North Carolina Environmental Management Commission rules. All existing development, whether or not it meets the statewide minimum standards, is exempt from the provisions of this Ordinance. A. USES OF LAND This category consists of uses existing at the time of adoption of this Ordinance where such use of the land would not be permitted if it were a new development. Such uses may be continued except as follows. (1) Such use of land has been changed only to an allowed use. (2) Such use of land shall be changed only to an allowed use, it shall not thereafter revert to any prohibited use. (3) When such use ceases for at least one year, it shall not be re- established. B. RECONSTRUCTION OF BUILDINGS OR BUILT-UPON AREAS Any existing building or built-upon area not in conformance with the restrictions of this Ordinance that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single-family residential development, provided: (1) Repair or reconstruction is initiated within twelve months and completed within two years of such damage. (2) The total amount of space devoted to the built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided. 813: WATERSHED PROTECTION PERMIT DR A F T Page 421 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 355 Except for a single-family residential development, no building on a 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 by the Watershed Administrator. No Watershed Protection Permit shall be issued except in conformity with the provisions of this Ordinance. Watershed Protection Permit applications shall be filed with the Watershed Administrator. The application shall include a completed application form and supporting documentation deemed necessary by the Watershed Administrator. Before issuance of a Watershed Protection Permit, the Watershed Administrator may consult with qualified personnel for assistance to determine if the application meets the requirements of this Ordinance. A Watershed Protection Permit shall expire if a Building Permit or Watershed Occupancy Permit for such use is not obtained by the applicant within twelve months from the date of issuance. 814: BUILDING PERMIT REQUIRED No permit required under the North Carolina State Building Code shall be issued for any activity for which a Watershed Protection Permit is required until that permit has been issued. 815: WATERSHED PROTECTION OCCUPANCY PERMIT The Watershed Administrator shall issue a Watershed Protection Occupancy Permit certifying that all requirements of this Ordinance have been met before the occupancy or use of a building hereafter erected, altered, or moved, and/or before the change of use of any building or land. A Watershed Protection Occupancy Permit, either for the whole or part of a building, shall be applied for coincident with the application for a Watershed Protection Permit and shall be issued or denied within ten business days after the erection or structural alterations of the building. The applicant should notify the Watershed Administrator and request the issued Watershed Occupancy Permit when the building is complete. When only a change in the use of land or an existing building occurs, the Watershed Administrator shall issue a Watershed Protection Occupancy Permit certifying that all requirements of this Ordinance have been met, coincident with the Watershed Protection Permit. DR A F T Page 422 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 356 If the Watershed Protection Occupancy Permit is denied, the Watershed Administrator shall notify the applicant in writing stating the reasons for the denial. No building or structure that has been erected, moved, or structurally altered may be occupied until the Watershed Administrator has approved and issued a Watershed Protection Occupancy Permit. 816: PUBLIC HEALTH, IN GENERAL No activity, situation, structure, or land use shall be allowed within the watershed that poses a threat to water quality and public health, safety, and welfare. 817: ABATEMENT The Watershed Administrator shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality. The Watershed Administrator shall report all findings to the Watershed Review Board. The Watershed Administrator may consult with any public agency or official and request recommendations. The Watershed Administrator may also coordinate with local inspection departments since Randolph County can abate most threatening nuisances. Where the Watershed Review Board finds a threat to water quality and the public health, safety, and welfare, the Board shall institute any appropriate action or proceeding to restrain, correct, or abate the condition and/or violation. 818: WATERSHED ADMINISTRATOR AND DUTIES The Randolph County Planning Director is hereby appointed the Watershed Administrator, who shall be duly sworn in. It shall be the duty of the Watershed Administrator to administer and enforce the provisions of this Ordinance as follows. A. The Watershed Administrator shall issue Watershed Protection Permits and Watershed Protection Occupancy Permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during the regular office hours of the Administrator. B. The Watershed Administrator shall serve as Clerk to the Watershed Review Board. DR A F T Page 423 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 357 C. The Watershed Administrator is granted the authority to administer and enforce the provisions of this Ordinance, exercising in the fulfillment of his responsibility the full police power of Randolph County. The Watershed Administrator, or his duly authorized representative, may enter any building, structure, or premises, as provided by law, to perform any duty imposed upon him by the Ordinance. D. The Watershed Administrator shall keep records of all amendments to the local Water Supply Watershed Protection Ordinance and shall provide copies of all amendments upon adoption to the Stormwater Branch of the Division of Energy, Mineral, and Land Resources. E. The Watershed Administrator shall keep records of the jurisdiction’s use of the provision that a maximum of ten percent of the non-critical area of WS- II, WS-III watersheds, and WS-IV watersheds may be developed, with new development at a maximum of seventy percent built-upon surface areas. Records for each watershed shall include the total acres of non-critical watershed area, total acres eligible to be developed under this option, total acres approved for this development option, and individual records for each project with the following information: location, number of developed acres, type of land use, and stormwater management plan if applicable. F. The Watershed Administrator shall keep a record of variances to the local Water Supply Watershed Protection Ordinance. G. The Watershed Administrator is responsible for ensuring the Stormwater Control Measures are inspected at least once a year and shall keep a record of SCM inspections. 819: APPEAL FROM THE WATERSHED ADMINISTRATOR Any order, requirement, decision, or determination made by the Watershed Administrator may be appealed to and decided by the Watershed Review Board. An appeal from a decision of the Watershed Administrator must be submitted to the Watershed Review Board within thirty days from the date of the order, interpretation, decision, or determination is made. All appeals must be made in writing, stating the reason for the appeal. Following submission of an appeal, the Watershed Administrator shall transmit to the Board all papers constituting the record upon which the action appealed was taken. An appeal stays all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him, that by reasons of facts stated in the certificate of approval for recording, a stay would in his opinion cause imminent peril to life or property. In such a case, DR A F T Page 424 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 358 proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on the application of notice of the officer from whom the appeal is taken and upon due cause shown. All appeals of the Watershed Administrator's decisions shall follow the procedures of administrative appeals in NCGS § 160D-405. 820: CHANGES AND AMENDMENTS TO THE WATERSHED PROTECTION ORDINANCE The Randolph County Board of Commissioners may, on its own motion or on a petition, after public notice and hearing, amend, supplement, change, or modify the watershed regulations and restrictions as described herein. No action shall be taken until the proposal has been submitted to the Watershed Review Board for review and recommendations. If no recommendation has been received from the Watershed Review Board within forty-five days after submission of the proposal to the Chairman of the Watershed Review Board, the Randolph County Board of Commissioners may proceed as though a favorable report has been received. Under no circumstances shall the Randolph County Board of Commissioners adopt such amendments, supplements, or changes that would cause this Ordinance to violate the watershed protection rules as adopted by the North Carolina Environmental Management Commission. All amendments must be filed with the North Carolina Division of Energy, Mineral, and Land Resources. 821: PUBLIC NOTICE AND HEARING REQUIRED Before adopting or amending this Ordinance, the Randolph County Board of Commissioners shall hold a public hearing on the proposed changes. A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than ten nor more than twenty-five days before the date for the hearing. 822: ESTABLISHMENT OF WATERSHED REVIEW BOARD The Randolph County Zoning Board of Adjustment is hereby appointed as the Watershed Review Board. The members of the Watershed Review Board shall be appointed as outlined in Article 300 of the Randolph County Unified Development Ordinance. DR A F T Page 425 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 359 823: RULES OF CONDUCT FOR MEMBERS Members of the Watershed Review Board may be removed by the Randolph County Board of Commissioners for cause, including violation of the rules stated below. A. Faithful attendance at meetings of the Watershed Review Board and conscientious performance of the duties required by members of the Watershed Review Board shall be considered a prerequisite to continuing membership on the Watershed Review Board. B. No Watershed Review Board members shall take part in the hearing, consideration, or determination of any case in which he is personally or financially interested. A Watershed Review Board member shall have a “financial interest” in a case when a decision in the case will (i) cause him or his spouse to experience a direct financial benefit or loss, or (ii) will cause a business in which he or his spouse owns a ten percent or greater interest, or is involved in a decision-making role, to experience a direct financial benefit or loss. A Watershed Review Board member shall have a personal interest in a case when it involves a member of his immediate family (ex. parent, spouse, or child.) The intent is to prohibit members of the Watershed Review Board from acting in situations where they have a conflict of interest like the prohibition in NCGS § 14-234 (c) (1). Please also see NCGS § 160D-109 for standards for conflicts of interest for Randolph County development decisions. C. No Watershed Review Board member shall discuss the substance of any appeal or other quasi-judicial case with any parties thereto before the public hearing on that case; provided, however, that members may receive and/or seek information about the case from the Watershed Administrator or any other member of the Watershed Review Board, or its secretary before the hearing. D. Members of the Watershed Review Board shall not express individual opinions on the proper judgment of any case before its determination on that case, and shall not form a fixed opinion on the case before the hearing on that case. E. Members of the Watershed Review Board shall give notice to the Chairman at least forty-eight hours before the meeting of any potential conflict of interest in which he has a particular case before the Watershed Review Board. F. No Watershed Review Board member shall vote on any matter that decides an application or appeal unless he has attended the public meeting or watched a recording of the meeting on that application or appeal. DR A F T Page 426 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 360 824: POWERS AND DUTIES OF THE WATERSHED REVIEW BOARD A. ADMINISTRATIVE REVIEW The Watershed Review Board shall hear and decide appeals from any decision or determination made by the Watershed Administrator in the enforcement of this Ordinance. B. VARIANCES The Watershed Review Board shall have the power to authorize, in specific cases, minor variances from the terms of this Ordinance, and may review major variance requests and make recommendations to the North Carolina Environmental Management Commission regarding the same. In addition, Randolph County shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the designated watershed where the variance is being considered. (1) Application for a variance shall be made on the proper form obtainable from the Watershed Administrator and shall include the following information: (a) A site plan is drawn to a scale of at least one inch to forty feet, indicating the property lines of the parcel upon which the use is proposed; any existing or proposed structures; parking areas and other built-upon areas; and surface water drainage. The site plan shall be neatly drawn and indicate the north point, name and address of the person who prepared the plan, date of the original drawing, and an accurate record of any later revisions. (b) A complete and detailed description of the proposed variance, together with any other pertinent information that the applicant feels would be helpful to the Watershed Review Board in considering the application. (c) Evidence or proposed witness testimony that tends to support a finding that each of the factors listed in subsection three below is met. (2) The Watershed Administrator shall notify in writing each local government having jurisdiction in the watershed and the entity using the water supply for consumption. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may DR A F T Page 427 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 361 submit comments to the Watershed Administrator before a decision by the Watershed Review Board. Such comments shall become a part of the record of proceedings of the Watershed Review Board. (3) Before the Watershed Review Board may grant a variance, it shall make the following three findings, which shall be recorded on the permanent records of the case, and shall include the factual reasons on which they are based: (a) There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Ordinance. To determine that there are practical difficulties or unnecessary hardships, the Board must find that the five following conditions exist: (i) If he complies with the provisions of the Ordinance, the applicant can secure no reasonable return from, nor make reasonable use of, his property. Merely providing that the variance would permit a greater profit to be made from the property will not be considered adequate to justify the Board in granting a variance. Moreover, the Board shall consider whether the variance is the minimum possible deviation from the terms of the Ordinance that will make possible the reasonable use of his property. (ii) The hardship results from the application of the Ordinance to the property rather than from other factors such as deed restrictions or other hardships. (iii) The hardship is due to the physical nature of the applicant’s property, such as its size, shape, or topography, which is different from that of neighboring property. DR A F T Page 428 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 362 (iv) The hardship is not the result of the actions of an applicant who knowingly or unknowingly violated the Ordinance, or who purchases the property after the effective date of the Ordinance, and then comes to the Board for relief. (v) The hardship is peculiar to the applicant’s property, rather than the result of widespread conditions. If other properties are equally subject to the hardship created by the restriction, then granting a variance would be a special privilege denied to others and would not promote equal justice. (b) The variance is in harmony with the general purpose and intent of the Ordinance and preserves its spirit. (c) In the granting of the variance, public safety and welfare have been assured, and substantial justice has been done. The Board shall not grant a variance if it finds that doing so would in any respect impair the public health, safety, or general welfare. (4) In granting the variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use that relate to the purpose and standards of this Ordinance. If a variance for the construction, alteration, or use of the property is granted, such construction, alteration, or use shall be per the approved site plan. (5) The Watershed Review Board shall refuse to hear an appeal or an application for a variance previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application. (6) A variance issued under this section shall be considered a Watershed Protection Permit and shall expire if a building permit or Watershed Occupancy Permit for such use is not DR A F T Page 429 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 363 obtained by the applicant within six months from the date of the decision. (7) If the application calls for the granting of a major variance, and if the Watershed Review Board decides in favor of granting the variance, the Watershed Review Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include: (a) The variance application; (b) The hearing notices; (c) The evidence presented; (d) Motions, offers of proof, objections to evidence, and rulings on them; (e) Proposed findings and exceptions; (f) The proposed decision includes all conditions proposed to be added to the permit. The preliminary record shall be sent to the Environmental Management Commission for its review. C. SUBDIVISION APPROVAL See Article 800, Section 802. D. PUBLIC HEALTH See Article 800, Sections 816 and 817. E. APPROVAL OF ALL DEVELOPMENT GREATER THAN THE LOW-DENSITY OPTION. 825: APPEALS FROM THE WATERSHED REVIEW BOARD Appeals from the Watershed Review Board must be filed with the Superior Court within thirty days from the date of the decision. The decision by the Superior Court will be in the manner of certiorari. 826: RANDLEMAN LAKE WATERSHED RIPARIAN BUFFERS DR A F T Page 430 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 364 Under 15A NCAC 02B.0724 (the Rule), the protection of the pollutant removal and other water quality services provided by riparian buffers throughout the watershed is an important element of the overall Randleman Lake water supply pollutant strategy. The following is the management strategy for maintaining and protecting riparian areas in the Randleman Lake Watershed. A. PURPOSE The purposes of this rule shall be for local governments listed in the Rule, and in certain cases stated in this Rule, the Division, to maintain and protect existing riparian buffers throughout the Randleman Lake Watershed as generally described in this Rule, to maintain their nutrient removal and stream protection functions. Additionally, this Rule will help protect the water supply uses of Randleman Lake and designated water supplies throughout the Randleman Lake Watershed. Terms used in this Rule shall be defined in Rule .0610 of 15A NCAC 02B. B. APPLICABILITY This Rule shall apply to landowners and other persons, including Randolph County, State, and federal entities conducting activities within the riparian buffers as described in Item (C) of this Rule in the Randleman Lake Watershed. C. BUFFERS PROTECTED The following minimum criteria shall be used for identifying regulated riparian buffers: (1) Surface water shall be subject to this Rule if the feature is approximately shown on any of the following references, or if there is other site-specific evidence that indicates to the Authority the presence of waters not shown on any of these references: (a) The United States Geological Survey’s National Map, available online at https://www.usgs.gov/core-science- systems/national-geospatial-program/national- map; (b) The most recent version of the published manuscript of the soil survey map that shows stream layers prepared by the Natural Resource Conservation Service of the United States Department of Agriculture; or (c) Other maps approved by the North Carolina Environmental Management Commission as DR A F T Page 431 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 365 more accurate than those identified in Sub-item (C) (1) (a) and (C) (1) (b) of the Rule. Other maps shall use a hydrography dataset developed using hydrography specifications and standard metadata approved by the Geographic Information Coordinating Council (GICC) and maintained on a GICC list of the best available hydrography. Edits, deletions, and additions to the hydrography dataset shall follow GICC-approved standards and specifications, per stewardship governance. Other maps shall have their hydrography dataset and procedures for edits, deletions, and additions reviewed and approved by the GICC. Other maps shall be submitted to the Division for review and recommendation to the North Carolina Environmental Management Commission. Before recommendation to the North Carolina Environmental Management Commission, the Division shall issue a thirty-day public notice through the Division’s mailing list under 15A NCAC 02H.0503. Division staff shall present recommendations, including comments received during the public notice period, to the North Carolina Environmental Management Commission for a final decision. Maps approved under this sub-item shall not apply to projects that are existing and ongoing within the meaning of this Rule as set out in Item (F) of this Rule; (2) This Rule shall apply to activities conducted within fifty-foot- wide riparian buffers directly adjacent to surface waters in the Randleman Lake Watershed (e.g., intermittent and perennial streams, lakes, reservoirs, and ponds), excluding wetlands; (3) Wetlands adjacent to surface waters or within fifty feet of surface waters shall be considered as part of the riparian buffer but are regulated under 15A NCAC 02H.0506; (4) Stormwater runoff from activities conducted outside the riparian buffer shall comply with Item (I) of this Rule; (5) Riparian buffers protected by this Rule shall be measured under Item (H) of this Rule; DR A F T Page 432 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 366 (6) A riparian buffer may be exempt from this Rule as described in Items (E), (F), and (G) of this Rule; and (7) No new clearing, grading, or development shall take place, nor shall any new building permits be issued in violation of this Rule. D. ON-SITE DETERMINATION When a landowner or other affected part believes that the maps listed in Sub-Item (C) (1) of this Rule have inaccurately depicted surface waters or the specific origination point of a stream, or the specific origination point of the steam is in question or unclear, he or she shall request the Authority to make an on-site determination. On-site determinations shall be made by Authority staff that is certified under NCGS 143-214.25A. Registered Foresters under Chapter 98B of the General Statutes who are employees of the North Carolina Forest Service of the Department of Agriculture and Consumer Services can make on-site determinations for forest harvesting operations and practices. Randolph County may accept the results of an on-site determination made by other parties who have completed the Division’s Surface Water Identification Training Certification course, its successor, or other equivalent training curriculum approved by the Division. On-site determinations shall expire five years from the date of the determination. Any disputes over on-site determinations shall be referred to the Director in writing within sixty calendar days of written notification from the Authority. The Director’s determination is subject to review as provided in NCGS 150B Articles 3 and 4. E. EXEMPTION BASED ON ON-SITE DETERMINATION Surface waters that appear on the maps listed in Sub-Item (C) (1) of this Rule shall not be subject to this Rule if an on-site determination shows that they fall into one of the following categories: (1) Ditches and manmade conveyances, including manmade stormwater conveyances, other than modified natural streams, unless the ditch or manmade conveyance delivers untreated stormwater runoff from an adjacent source directly to an intermittent or perennial stream; (2) The absence on the ground of a corresponding perennial water body, intermittent water body, lake, reservoir, or pond; (3) Ephemeral streams; and (4) Manmade ponds and lakes that are not fed by an intermittent or perennial stream or do not have a direct discharge point to an intermittent or perennial stream. DR A F T Page 433 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 367 F. EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING This Rule shall not apply to portions of the riparian buffer where its use is existing and is ongoing. (1) The use shall be considered existing and ongoing if: (a) It was present within the riparian buffer as of the effective date of the local ordinance or ordinances enforcing this Rule and has continued to exist since that time. For activities listed in Sub-Item (L) (2) of this Rule, the use shall be considered existing and ongoing if it was present within the riparian buffer as of April 1, 1999, and has continued to exist since that time; (b) It was a deemed allowable activity as listed in Item (K) of this Rule; or (c) It was conducted and maintained according to an Authorization Certificate or Variance issued by the Authority; or (d) The project or proposed development is determined by the Authority to meet at least one of the following criteria: (i) The project requires a 401 Certification/404 Permit, and these were issued before the effective date of the local ordinance or ordinances enforcing this Rule, or for activities listed in Sub-Item (L) (2) of this Rule, before April 1, 1991, and are still valid; or (ii) Projects that require a State permit, such as landfills, NPDES wastewater discharges, land application of residuals, and road construction activities, and have begun construction or are under contract to begin construction, and have received all required State permits and certifications DR A F T Page 434 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 368 before the effective date of the local ordinance or ordinances implementing this Rule, or for activities listed in Sub-Item (L) (2) of this Rule, before April 1, 1999; or (iii) Projects that are being reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merge 01 Process (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor and that have reached an agreement with the Department on avoidance and minimization before April 1, 1999; or (iv) Projects that are not required to be reviewed by the Clean Water Act Section 404/National Environmental Policy Act Merge 01 Process (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor if a Finding of No Significant Impact has been issued for the project and the project has the written approval of the Division before April 1, 1999. (2) Existing and ongoing uses shall include, but not be limited to, agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns (e.g., can be mowed without a chainsaw or bush-hog), existing utility line maintenance corridors, and on-site sanitary sewage systems, any of which involve either specific, periodic management of vegetation or displacement of vegetation by structures or regular activity. (3) Only the portion of the riparian buffer that contains the footprint of the existing and ongoing use is exempt from this Rule. DR A F T Page 435 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 369 (4) Change of ownership through purchase or inheritance is not a change of use. (5) Activities necessary to maintain existing and ongoing uses are allowed provided that the site remains similarly vegetated, no built-upon area is added within the riparian buffer where it did not previously exist before the effective date of the local ordinance or ordinances enforcing this Rule, or for activities listed in Sub-Item (L) (2) before April 1, 1999, and the site complies with Item (I) of this Rule. (6) This Rule shall apply at the time an existing and ongoing use is changed to another use. Change of use shall involve the initiation of any activity not defined as existing and ongoing in Sub-Items (F) (5) of this Rule. G. EXEMPTION FOR PONDS CONSTRUCTED AND USED FOR AGRICULTURAL PURPOSES This Rule shall not apply to a freshwater pond if all the following conditions are met: (1) The property on which the pond is located is used for agriculture as that term is defined in NCGS § 160-581.1; (2) Except for this Rule, the use of the property complies with all other water quality and water quantity statutes and rules applicable to the property before April 1, 1999; and (3) The pond is not a component of an animal waste management system as defined in NCGS § 143-215.10B (3). H. ZONES OF THE RIPARIAN BUFFER The protected riparian buffer shall have two zones as follows: (1) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Items (I) and (L) of this Rule. The location of Zone 1 shall be as follows: (a) For intermittent and perennial streams, Zone I shall begin at the most landward limit of the top of the bank or the rooted herbaceous vegetation and extend landward a distance of thirty feet on all sides of the stream. Where an intermittent or perennial stream begins or ends, including when it goes underground, enters, or exits a culvert, or enters or exits a wetland, the required DR A F T Page 436 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 370 distance shall be measured as a radius around the beginning or the end; and (b) For ponds, lakes, and reservoirs subject to this Rule, Zone 1 shall begin at the normal water level and extend landward to thirty feet, measured horizontally on a line perpendicular to the surface water. (2) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for uses provided for in Items (I) and (L) of this Rule. Grading and revegetating Zone 2 is allowed, provided that the height of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the edge of Zone 1 and extend landward twenty feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zone 1 and Zone 2 shall be fifty feet on all sides of the surface water. I. STORMWATER RUNOFF THROUGH THE RIPARIAN BUFFER Stormwater runoff into the riparian buffer shall meet dispersed flow as defined in 15A NCAC 02H .1002 except as otherwise described in this Item. Drainage conveyances include drainage ditches, roadside ditches, and stormwater conveyances. The following stormwater conveyances through the riparian buffer are either deemed allowable or allowable upon authorization, as defined in Sub-Item (J) (1) of this Rule, providing that they do not erode through the riparian buffer that is not listed below shall be allowable with exception as defined in Sub-Item (J) (5) of this Rule. (1) The following are deemed allowable as defined in Sub-Item (J) (1) of this Rule: (a) New drainage conveyances from a Primary SCM, as defined in 15A NCAC 02H.1002, when the Primary SCM is designed to treat the drainage area to the conveyance and that comply with a stormwater management plan reviewed and approved under a State stormwater program or a State-approved local government stormwater program; and (b) New stormwater flow to existing drainage conveyances provided that the addition of new flow does not result in the need to alter the conveyance. DR A F T Page 437 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 371 (2) The following are allowable upon authorization as defined in Sub-Item (J) (3) of this Rule: (a) New drainage conveyances from a Primary SCM, as defined in 15A NCAC 02H.1002, when the Primary SCM is provided to treat the drainage area to the conveyance, but are not required to be approved under a State stormwater program or a State-approved local government program; (b) New drainage conveyances when the flow rate of the conveyance is less than 0.50 cubic feet per second during the peak flow from a 0.75- inch-per-hour storm; (c) New stormwater runoff that has been treated through a level spreader-filter strip that complies with 15A NCAC 02H.0159; (d) Realignment of existing roadside drainage conveyances applicable to publicly funded and maintained linear transportation facilities when retaining or improving, and design dimensions provided that no additional travel lanes are added, and the minimum required roadway typical section is used based on traffic and safety considerations; (e) Realignment of existing drainage conveyances, retaining or improving the design dimensions provided that the size of the drainage area and the percent built-upon area within the drainage area remain the same; (f) New or altered drainage conveyances applicable to publicly funded and maintained linear transportation facilities, provided that SCMs or BMPs from the NCDOT Stormwater Best Management Practices Toolbox are employed; (g) New drainage conveyances applicable to publicly funded and maintained linear transportation facilities that do not provide a stormwater management facility due to DR A F T Page 438 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 372 topography constraints, provided other measures and employed to protect downstream water quality to the maximum extent practical; and; (h) New drainage conveyances where the drainage area to the conveyance has no new built-upon area as defined in 15A NCAC 02H .1002 and the conveyance is necessary for bypass or existing drainage only. J. USES Uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the authorization, allowable with mitigation upon authorization, or prohibited. Potential new uses shall have the following requirements: (1) DEEMED ALLOWABLE Uses designated or deemed allowable in Sub-Item (I) (1) and Item (K) of this rule may occur within the riparian buffer. Deemed allowable uses shall be designed, constructed, and maintained to minimize vegetation and soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring, and maintenance activities. Also, deemed allowable uses shall meet the requirements listed in Item (K) of this Rule for the specific use. (2) ALLOWABLE UPON AUTHORIZATION Uses designated as allowable upon authorization in Sub-Item (I) (2) and Item (K) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer if there are no practical alternatives to the requested use according to Rule .0611 of this Subchapter. (3) ALLOWABLE WITH MITIGATION UPON AUTHORIZATION Uses designated as allowable with mitigation upon authorization in Item (K) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer according to Rule .0611 of this Subchapter and an appropriate mitigation strategy has received written approval under Item (L) of this rule. (4) PROHIBITED Uses designated as prohibited in Item (K) of this Rule may not proceed within the riparian buffer unless a Variance is granted DR A F T Page 439 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 373 under Rule .0226 of this Subchapter. Mitigation may be required as a condition of a variance approval. (5) ALLOWABLE WITH EXCEPTION Uses not designated as deemed allowable, allowable under an authorization, allowable with mitigation under the authorization, or prohibited in Item (K) of this Rule require a written Authorization Certificate with Exception from the Authority for impacts within the riparian buffer according to Rule .0611 of this Subchapter and an appropriate mitigation strategy that has received written approval according to Item (L) of this Rule. K. TABLE OF USES The following table sets out potential new uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, and designates them as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization, or prohibited. USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED Airport facilities: • Airport facilities that impact equal to or less than one- third of an acre of riparian buffer. ✓ • Airport facilities that impact greater than one-third of an acre of riparian buffer. ✓ • Vegetation removal activities necessary to comply with FAA requirements (e.g., line of sight requirements) provided the disturbed areas are stabilized and revegetated. ✓ Archaeological activities: ✓ Bridges: • Impact equal to or less than one-tenth of an acre of riparian buffer. ✓ • Impact greater than one- tenth of an acre of riparian buffer. ✓ Dam maintenance activities: DR A F T Page 440 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 374 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED • Dam maintenance activities that do not cause additional riparian buffer disturbances beyond the footprint of the existing dam. ✓ • Dam maintenance activities that do cause additional riparian buffer disturbances beyond the footprint of the existing dam. ✓ Drainage of a pond subject to Item (D) of this Rule, provided that a new riparian buffer is established by natural regeneration or planting, within fifty feet of any stream which naturally forms or is constructed within the drained pond area. Drained ponds shall be allowed to naturalize for a minimum of six months from completion of the draining activity before a stream determination is conducted under Item (D) of this Rule. ✓ Fences: • Fencing livestock out of surface waters. ✓ • Installation does not result in the removal of trees from Zone 1. ✓ • Installation results in the removal of trees from Zone 1. ✓ Fertilizer application: • One-time fertilizer application at agronomic rates in the riparian buffer to establish replanted vegetation. No runoff from this one-time application in the riparian buffer is allowed in the surface water. ✓ • Ongoing fertilizer application. ✓ Forest harvesting (See Rule .0612 of this Subchapter) DR A F T Page 441 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 375 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED Grading in only Zone 2 provided that the health of existing vegetation in Zone 1 is not compromised, Item (I) of this Rule is complied with, and disturbed areas are stabilized and revegetated. ✓ Greenways, trails, sidewalks, or linear pedestrian/bicycle transportation systems: • In Zone 2, provided that no built-upon area is added within the riparian buffer. ✓ • In Zone 1, provided that no built-upon area is added within the riparian buffer and the installation does not result in the removal of tree(s). ✓ • When built upon area is added to the riparian buffer, equal to or less than ten feet wide with two-foot-wide shoulders. Shall be located outside Zone 1 unless there is no practical alternative. ✓ • When built upon area is added to the riparian buffer, greater than ten feet wide with two-foot-wide shoulders. Shall be located outside Zone 1 unless there is no practical alternative. ✓ Historic preservation: ✓ New landfills as defined in NCGS § 130A-290. ✓ Maintenance access of modified natural streams; a grassed travel way on one side of the waterbody when less impacting alternatives are not practical. The width and specifications of the travel way shall be only that needed for equipment access and operation. The travel way shall be located to maximize stream shading. ✓ Mining activities: DR A F T Page 442 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 376 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED • Mining activities that are covered by the Mining Act provided that new riparian buffers that meet the requirements of Items (H) and (I) of this Rule are established adjacent to any relocated channels. ✓ • Mining activities that are not covered by the Mining Act OR where new riparian buffers that meet the requirements of Items (H) and (I) of this Rule are not established. ✓ • Wastewater or mining dewatering wells with an approved NPDES permit. ✓ Pedestrian access trail and associated steps leading to surface water, dock, canoe or kayak access, fishing pier, boat ramp, or other water-dependent structure: • Equal to are less than six feet wide that does not result in the removal of tree(s) within the riparian buffer and does not result in the addition of built-upon area to the riparian buffer. ✓ • Equal to or less than six feet wide that results in the removal of tree(s) or the addition built upon area to the riparian buffer. ✓ • Greater than six feet wide. ✓ Playground equipment: • Playground equipment on single-family lots if installation and use does not result in the removal of vegetation. ✓ • Playground equipment on single-family lots where installation or use results in the removal of vegetation. ✓ • Playground equipment installed on lands other than single-family lots. ✓ DR A F T Page 443 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 377 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED Ponds created or modified by impounding streams subject to riparian buffers under Item (C) of this Rule and not used as stormwater control measures (SCMs): • New ponds provided that a riparian buffer that meets the requirements of Items (H) and (I) of this Rule is established adjacent to the pond. ✓ • New ponds where a riparian buffer that meets the requirements of Items (H) and (I) of this Rule is NOT established adjacent to the pond. ✓ Protection of existing structures and facilities when this requires additional disturbances of the riparian buffer. ✓ Public safety or publicly owned spaces where it has been determined by the head of the local law enforcement agency with jurisdiction over that area that the buffers pose a risk to public safety. The head of the local law enforcement agency shall notify Randolph County with land use jurisdiction over the publicly owned space and the Division of Water Resources of any such determination in writing. ✓ Removal of previous fill or debris if Item (I) of this Rule is complied with, and any vegetation removed is restored. ✓ DR A F T Page 444 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 378 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED Residential properties: Where the application of this Rule would preclude the construction of a single- family residence and necessary infrastructure, the single-family residence may encroach in the riparian buffer if all of the following conditions are met: (1) the residence is set back the maximum feasible distance from the top of the bank, rooted herbaceous vegetation, normal high-water level, or normal water level, whichever is applicable, on the existing lot; (2) the residence is designed to minimize encroachment into the riparian buffer; (3) the residence complies with Item (I) of this Rule; and (4) if the residence will be served by an on-site wastewater system, no part of the septic system or drain field may encroach into the riparian buffer. • The residence or necessary infrastructure only impacts Zone 2. ✓ • The residence or necessary infrastructure impacts Zone 1. ✓ • Impacts other than the residence or necessary infrastructure. ✓ Restoration or enhancement (wetland, stream) as defined in 33 CFR Part 332 available free of charge on the internet.3 • Wetland or stream restoration is part of a compensatory mitigation bank, nutrient offset bank, or the In-Lieu Fee Program. ✓ • Wetland or stream restoration other than those listed above. ✓ Road, driveway, or railroad: perpendicular crossings of streams and other surface waters subject to this Rule: 3 http://water.epa.gov/lawregs/guidance/wetlands/wetlandsmitigation_index.cfm DR A F T Page 445 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 379 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED • The impact is equal to less than one-tenth of an acre of riparian buffer. ✓ • Impact greater than one- tenth of an acre but equal to or less than one-third of an acre of riparian buffer. ✓ • Impact greater than one-third of an acre of riparian buffer. ✓ • Driveway crossings in a residential subdivision that cumulatively impact equal to or less than one-third of an acre of riparian buffer. ✓ • Driveway crossings in a residential subdivision that cumulatively impact greater than one-third of an acre of riparian buffer. ✓ • Farm roads and forest roads that are exempt from permitting from the US Army Corps of Engineers per Section 404 (f) of the Federal Clean Water Act. ✓ Road, driveway, or railroad: impacts other than perpendicular crossings of streams and other surface water subject to this Rule. ✓ Road relocation of existing private access roads associated with public road projects, where necessary for public safety: • Less than or equal to 2,500 square feet of riparian buffer impact. ✓ • Greater than 2,500 square feet of riparian buffer impact ✓ Scientific studies and stream gauging: ✓ Slatted uncovered decks, including steps and support posts, which are associated with a dwelling, if it meets the requirements of Items (H) and (I) of the Rule, and: • Installation does not result in the removal of vegetation in Zone 1 ✓ DR A F T Page 446 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 380 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED • Installation results in the removal of vegetation in Zone 1. ✓ Stormwater Control Measure (SCM) as defined in 15A NCAC 02H.1002: • In Zone 2, if Item (I) of this Rule is complied with ✓ • In Zone 1 ✓ Streambank or shoreline stabilization: ✓ Temporary roads provided that the disturbed area is restored to pre- construction topographic and hydrologic conditions and replanted with comparable vegetation within two months of when construction is complete. Tree planting may occur during the dormant season. At the end of five years, any restored wooded riparian buffer shall comply with the restoration criteria in Rule .0295(i) of this Subchapter: • Less than or equal to 2,500 square feet of riparian buffer disturbance. ✓ • Greater than 2,500 square feet of riparian buffer disturbance. ✓ • Associated with culvert installation or bridge construction, or replacement. ✓ Temporary sediment and erosion control devices provided that the disturbed area is restored to pre- construction topographic and hydrologic conditions and replanted with comparable vegetation within two months of when construction is complete. Tree planting may occur during the dormant season. At the end of five years, any restored wooded riparian buffer shall comply with the restoration criteria in Rule .0295 (i) of this Subchapter: DR A F T Page 447 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 381 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED • In Zone 2 only if the ground cover is established within the timeframes required by the Sedimentation and Erosion Control Act, the vegetation in Zone 1 is not compromised and that discharge is under Item (I) of this rule. ✓ • In Zone 1 and Zone 2, to control impacts associated with uses identified in this Table or uses that have received an Authorization Certificate with Exception, if sediment and erosion control for upland areas is addressed outside the riparian buffer. ✓ • In-stream temporary erosion and sediment control measures for work within a stream channel that is authorized under Sections 401 and 404 of the Federal Clean Water Act. ✓ Utility Lines: Streambank stabilization for the protection of publicly owned utility lines (not including new line installation): • Less than 150 feet of streambank disturbance. ✓ • Greater than 150 feet of streambank disturbance. ✓ Utility Lines: Sanitary Sewer Overflows: DR A F T Page 448 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 382 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED • Emergency sanitary sewer overflow response activities provided that the disturbed area within the riparian buffer outside of the existing utility line maintenance corridor is the minimum necessary to respond to pre-construction topographic and hydrologic conditions, and is replanted with comparable vegetation (e.g., grass with grass, hardwoods with hardwoods) within two months of when the disturbance is complete. ✓ • Emergency sanitary sewer overflow response activities that do not meet the listing above. For any new proposed permanent impacts that are not a “Deemed Allowable Activity”, an application for an Authorization Certificate shall be submitted to the Authority no later than thirty calendar days of the conclusion of the emergency response activities. ✓ Utility lines: Utility, Sewer Lines: Vegetation maintenance activities that remove forest vegetation from existing sewer utility rights-of-way (not including new line installation) outside of the existing utility line maintenance corridor: • Zone 2 impacts. ✓ • Zone 1 impacts: For lines that have not been maintained, the vegetation can be mowed, cut, or otherwise maintained without disturbance to the soil structure for a maintenance corridor that is equal to or less than thirty feet wide. ✓ • Zone 1 impacts other than those listed above. ✓ DR A F T Page 449 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 383 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED Utility, Sewer Lines: Replacement/Rehabilitation of existing sewer lines within, or adjacent to, an existing right-of-way but outside of an existing utility line maintenance corridor provided that comparable vegetation (e.g., grass with grass, hardwoods with hardwoods) can regenerate in disturbed riparian buffers outside of the permanent maintenance corridor and riparian buffers outside of the permanent maintenance corridor are not maintained: • Permanent maintenance corridor equal to or less than thirty feet wide provided there is no grading and/or grubbing within ten feet of the top of the bank when the sewer line is parallel to the stream. ✓ • Grading and/or grubbing within ten feet of the top of the bank, when the sewer line is parallel to the stream and permanent maintenance corridor equal to, is less than thirty feet wide. ✓ • A permanent maintenance corridor is greater than thirty feet wide. For impacts other than perpendicular crossings, mitigation is only required for Zone 1 impacts. For perpendicular crossings that disturb equal to or less than forty linear feet, no mitigation is required. For perpendicular crossings that disturb than forty linear feet, mitigation is only required for Zone 1 impacts. ✓ DR A F T Page 450 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 384 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED Utility: Sewer Lines, New Line Construction/Installation Activities: Perpendicular crossings of streams and other surface waters subject to this Rule or perpendicular entry into the riparian buffer that does not cross a stream or other surface water subject to this Rule, if vegetation can regenerate in disturbed areas outside of the permanent maintenance corridor: • Construction corridor of less than or equal to forty linear feet wide and a permanent maintenance corridor that is equal to or less than thirty feet wide. ✓ • Construction corridor of greater than forty linear feet wide and less than or equal to 150 linear feet wide, and a permanent maintenance corridor that is equal to or less than thirty feet wide. ✓ • Construction corridor of greater than forty linear feet wide and less than or equal to 150 linear feet wide, and a permanent maintenance corridor that is equal to or less than thirty feet wide. ✓ • Permanent maintenance corridor that is greater than thirty linear feet wide. For impacts other than perpendicular crossings, mitigation is only required for Zone 1 impacts. For perpendicular crossings, the disturbance is equal to or less than forty linear feet, no mitigation is required. For perpendicular crossings that disturb greater than forty linear feet, mitigation is only required for Zone 1 impacts. ✓ DR A F T Page 451 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 385 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED Utility: Sewer Lines, New Line Construction/Installation Activities: Impacts other than perpendicular crossings if vegetation can regenerate in disturbed areas outside of the permanent maintenance corridor: • Zone 2 impacts. ✓ • Zone 1 impacts to less than 2,500 square feet when impacts are solely the result of tying into an existing utility line, and when grubbing or grading within ten feet immediately adjacent to the surface water is avoided. ✓ • Zone 1 impacts other than those listed above. ✓ Utility: Non-sewer Underground Lines: Vegetation maintenance activities that remove forest vegetation from existing utility rights- of-way (not including new line installation) outside of the existing utility line maintenance corridor: • Zone 2 impacts. ✓ • Zone 1 impacts: For lines that have not been maintained, the vegetation can be mowed, cut, or otherwise maintained without disturbance to the soil structure for a maintenance corridor that is equal to or less than thirty feet wide. ✓ • Zone 1 impacts other than those listed above. ✓ Utilities: Non-sewer Underground Lines: Perpendicular crossings of streams and other surface water subject to this Rule or perpendicular entry into the riparian buffer that does not cross a stream or other surface water subject to this Rule, if vegetation can regenerate in disturbed areas outside of the permanent maintenance corridor: DR A F T Page 452 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 386 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED • Construction corridor of less than or equal to fifty linear feet wide and a permanent maintenance corridor that is equal to or less than thirty feet wide. ✓ • Construction corridor of greater than fifty linear feet wide and less than or equal to 150 linear feet wide and a permanent maintenance corridor that is equal to or less than thirty feet wide. ✓ • Construction corridor of greater than 150 linear feet wide and a permanent maintenance corridor that is equal to or less than thirty feet wide. ✓ • Permanent maintenance corridor that is greater than thirty linear feet wide. (Mitigation is required only for Zone 1 impacts.) ✓ Utilities: Non-sewer Underground Lines: Impacts other than perpendicular crossings if vegetation can regenerate in disturbed areas outside of the permanent maintenance corridor: • Zone 2 impacts. ✓ • Zone 1 impacts to less than 2,500 square feet when impacts are solely the result of tying into an existing utility line, and when grubbing or grading within ten feet immediately adjacent to the surface water is avoided. ✓ • Zone 1 impacts other than those listed above. ✓ Utilities: Non-sewer and Aerial Lines: Perpendicular crossings of streams and other surface waters subject to this Rule or perpendicular entry into the riparian buffer that does not cross a stream or other surface water subject to this Rule: DR A F T Page 453 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 387 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED • Disturb equal to or less than 150 linear feet wide of the riparian buffer provided that a minimum zone of ten feet wide immediately adjacent to the water body is managed such that only vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed, that no land grubbing or grading is conducted in Zone 1, and that poles or aerial infrastructure are not installed within ten feet of a water body. ✓ • Disturb greater than 150 linear feet wide of the riparian buffer. ✓ Utilities: Non-sewer Aerial Lines: Impacts other than perpendicular crossings of streams and other surface waters subject to this Rule or perpendicular entry into the riparian buffer that does not cross a stream or other surface water subject to this Rule: • Impacts in Zone 2 only ✓ • Impacts in Zone 1 provided that a minimum zone of ten feet wide immediately adjacent to the water body is managed such that only vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed, that no land grubbing or grading is conducted in Zone 1, and that poles or aerial infrastructure are not installed within ten feet of a water body. ✓ Vegetation management: • Emergency fire control measures if the topography is restored. ✓ DR A F T Page 454 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 388 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED • Periodic mowing and harvesting of plant products only in Zone 2. ✓ • Placement of mulch rings around restoration plantings for a period of five years from the date of planting. ✓ • Planting non-invasive vegetation to enhance the riparian buffer. ✓ • Pruning forest vegetation ensures that the health and function of the forest vegetation are not compromised. ✓ • Removal of individual trees, branches, or limbs that are in danger of causing damage to dwellings, existing utility lines, other structures, or human life, or are imminently endangering the stability of the streambank provided that the stumps are left or ground in place without causing an additional land disturbance. ✓ • Removal of individual trees that are dead, diseased, or damaged. ✓ • Removal of poison ivy, oak, or sumac. Removal can include the application of pesticides within the riparian buffer if the pesticides are certified by the EPA for use in or near aquatic sites and are applied following the manufacturer’s instructions. If removal is significant, then the riparian buffer shall be replaced with non-invasive species. ✓ DR A F T Page 455 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 389 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED • Removal of understory nuisance vegetation as defined in Smith, Cherri L. 2008. Invasive Plants for North Carolina. NCDOT.4 Removal can include the application of pesticides within the riparian buffer if the pesticides are certified by the EPA for use in or near aquatic sites and are applied following the manufacturer’s instructions. If removal is significant, then the riparian buffer shall be replanted with non-invasive species. ✓ • Removal of woody vegetation in Zone 1 if Item (I) of this Rule is complied with. ✓ Vehicle access roads and boat ramps (excluding parking areas) leading to surface water, docks, fishing piers, and other water- dependent activities: • Singular vehicular access road and a boat ramp to the surface water but not crossing the surface water that is restricted to the minimum width practical not to exceed fifteen feet wide. ✓ • Vehicular access roads and boat ramps to the surface water, but not crossing the surface water, are restricted to the minimum width practicable and exceed fifteen feet wide. ✓ Water-dependent structures (except for boat ramps) as defined in Rule .0202 of this Subchapter. ✓ Water supply reservoirs: 4https://www.ncforestservice.gov/forest_health/invasives.htm DR A F T Page 456 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 390 USE ALLOWABLE ALLOWABLE WITH AUTHORIZATION ALLOWABLE WITH MITIGATION UPON AUTHORIZATION PROHIBITED • New reservoirs provided that a riparian buffer that meets the requirements of Items (H) and (I) of this Rule is established adjacent to the reservoir. ✓ • New reservoirs where a riparian buffer that meets the requirements of Items (H) and (I) of this Rule is not established adjacent to the reservoir. ✓ Water wells ✓ Wildlife passage structures ✓ Table 45: Randleman Lake Riparian Buffer Table of Uses L. MITIGATION Persons who wish to undertake uses designed as allowable upon authorization with mitigation as defined in Sub-Item (J) (3) of this Rule or allowable with exception as defined in Sub-Item (J) (5) of this Rule shall meet the following requirements to proceed with their proposed use. 1. Obtain an Authorization Certificate under Rule .0611 of this Subchapter; and 2. Obtain written approval for a migration proposal under Rule .0295 of this Subchapter. M. RULE IMPLEMENTATION This Rule shall be implemented as follows: 1. Local governments with land use authority within the Randleman Lake Watershed shall establish and maintain riparian buffer protection programs to meet or exceed the minimum requirements of this Rule and shall comply with all requirements outlined in NCGS § 143-214.23A. (a) Randolph County shall adopt and enforce this Rule through local ordinances. (b) Randolph County shall appoint a Riparian Buffer Protection Administrator(s) who shall coordinate the implementation and enforcement of the DR A F T Page 457 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 391 program. The Administrator(s) shall attend an initial training session by the Division and be certified to make on-site determinations according to NCGS § 143-214.25A. The Administrator(s) shall ensure that Randolph County staff working directly with the program receive training to understand, implement, and enforce the program and are certified to make on-site determinations according to NCGS § 143-214.25A. At any time that Randolph County does not have a certified individual retained on staff to make on-site determinations according to NCGS § 143-214.25A, they shall immediately notify the Division and indicate a proposed schedule to secure a certified staff member. Randolph County shall coordinate with the Division to provide on-site determinations until a newly certified staff member is secured by Randolph County. 2. Randolph County shall apply the requirements of this Rule throughout its jurisdiction within the Randleman Lake Watershed except where the Division shall exercise jurisdiction. The Division shall have jurisdiction to the exclusion of Randolph County to administer the requirements of this Rule for the following types of activities: (a) Activities conducted under the authority of the State; (b) Activities conducted under the authority of the United States; (c) Activities conducted under the authority of multiple jurisdictions; (d) Activities conducted under the authority of local units of government; (e) Forest harvesting activities described in Rule .0612 of this Subchapter; and (f) Agricultural activities. 3. The Division shall regularly audit Randolph County to ensure that local programs are being implemented and enforced in DR A F T Page 458 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 392 keeping with the requirements of this Rule and Rule .0611 of this Subchapter. The audit shall consist of a review of all Randolph County activities concerning the implementation of this Rule and Rule .0611 of this Subchapter. 4. Randolph County shall maintain on-site records for a minimum of five years and shall furnish a copy of these records to the Division within thirty calendar days of receipt of a written request for them. Randolph County’s records shall include the following: (a) A copy of all Authorization Certificates with Exception requests; (b) Findings on all Authorization Certificates with Exceptions requests; (c) The results of all Authorization Certificates with Exception proceedings; (d) A record of complaints and actions taken because of complaints; (e) Records for on-site determinations as described in Item (D) of this Rule; and (f) Copies of all requests for authorizations, records approving authorization, and Authorization Certificates. 5. If Randolph County fails to adopt or adequately implement its program as specified in this Rule, the Division may take appropriate enforcement action as authorized by statute and may choose to assume responsibility for implementing that program until it determines that Randolph County is prepared to comply with its responsibilities. 6. The Commission may delegate its duties and powers for granting and rescinding Randolph County delegation of the Randleman Lake Riparian Buffer protection requirements, in whole or in part, to the Director. N. WATER SUPPLY REQUIREMENTS The existing water supply requirement in Rule .0624 (12) of this Subchapter that stipulates a one-hundred-foot vegetated buffer, adjacent to perennial streams, for all new development activities, applies to the entire Randleman DR A F T Page 459 of 517 ARTICLE 800: WATERSHED PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 393 Lake Watershed. The first fifty feet of these riparian areas on either side of these waters shall also be protected under all the requirements of this Rule. Randolph County may choose to implement more stringent requirements, including requiring additional buffer width. The existing water supply requirement in Rule .0624 (12) of this Subchapter also stipulated a thirty- foot vegetated buffer, adjacent to perennial streams, for all new development activities that utilize the low-density option also applies to the entire Randleman Lake Watershed. O. OTHER LAWS, REGULATIONS, AND PERMITS In all cases, compliance with this Rule does not preclude the requirement to comply with all other federal, State, and local regulations and laws. DR A F T Page 460 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 394 ARTICLE 900: FLOOD DAMAGE PREVENTION ORDINANCE 901: FLOOD DAMAGE PREVENTION ORDINANCE A. STATUTORY AUTHORIZATION The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Article 6 of Chapter 153A; Article 8 of Chapter 160A; and Article 7, 9, and 11 of Chapter 160D of the North Carolina General Statutes, delegated to local governmental units the authority to adopt regulations designed to promote the public health, safety, and general welfare. The Board of Commissioners of Randolph County, North Carolina, does ordain as follows: (4) The flood-prone areas within the jurisdiction of Randolph County are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in floodplains, causing increases in flood heights and velocities, and by the occupancy in flood-prone areas of uses vulnerable to floods or other hazards. B. STATEMENT OF PURPOSE It is the purpose of this Ordinance to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood-prone areas by provisions designed to: (1) Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion, flood heights, or velocities; (2) Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters; DR A F T Page 461 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 395 (4) Control filling, grading, dredging, and all other development that may increase erosion or flood damage; and (5) Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters, or which may increase flood hazards to other lands. C. OBJECTIVES The objectives of this Ordinance are to: (1) Protect human life, safety, and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public; (4) Minimize prolonged business losses and interruptions; (5) Minimize damage to public facilities and utilities (e.g., water and gas mains, electric, telephone, cable, and sewer lines, streets, and bridges) that are in flood-prone areas; (6) Minimize damage to private and public property due to flooding; (7) Make flood insurance available to the community through the National Flood Insurance Program; (8) Maintain the natural and beneficial functions of floodplains; (9) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas; and (10) Ensure that potential buyers are aware that the property is in a Special Flood Hazard Area. 902. GENERAL PROVISIONS A. LANDS TO WHICH THIS ORDINANCE APPLIES This Ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction, including Extra-Territorial Jurisdictions, if applicable, as allowed by law, of Randolph County and within the jurisdiction of any other DR A F T Page 462 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 396 community whose governing body agrees, by resolution, to such applicability. B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its FIS dated January 2, 2008, for Randolph County and associated DFIRM panels, including any digital data developed as part of the FIS, which are adopted by reference and declared a part of this Ordinance, and any revision thereto. C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT A Floodplain Development Permit shall be required in conformance with the provisions of this Ordinance before the commencement of any development activities within Special Flood Hazard Areas determined per the provisions of Article 900, Section 902 (B) of this Ordinance. D. COMPLIANCE No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this Ordinance and other applicable regulations. E. ABROGATION AND GREATER RESTRICTIONS This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. F. INTERPRETATION In the interpretation and application of this Ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under State statutes. G. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Actual flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damage. This DR A F T Page 463 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 397 Ordinance shall not create liability on the part of Randolph County or by any officer or employee thereof for any flood damages that result from reliance on this Ordinance, or any administrative decision lawfully made hereunder. H. PENALTIES FOR VIOLATION Violation of the provisions of this Ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a violation of this Ordinance and be subject to Article 400, Section 405. Each day such a violation continues shall be considered a separate offense. Nothing herein contained shall prevent Randolph County from taking such other lawful action as is necessary to prevent or remedy any violation. The County may enforce these regulations per Article 400, Section 405 of this Ordinance, which sets out both criminal and civil penalties for violation. 903: ADMINISTRATION The Randolph County Planning Director, hereinafter referred to as the Floodplain Administrator, is hereby appointed to administer and implement the provisions of this Ordinance. In instances where the Floodplain Administrator receives assistance from others to complete tasks to administer and implement this Ordinance, the Floodplain Administrator shall be responsible for the coordination and community’s overall compliance with the National Flood Insurance Program and the provisions of this Ordinance. 904: FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT, AND CERTIFICATION REQUIREMENTS A. APPLICATION REQUIREMENTS Application for a Floodplain Development Permit shall be made to the Floodplain Administrator before any development activities are located within Special Flood Hazard Areas. The following items shall be presented to the Floodplain Administrator to apply for a Floodplain Development Permit: (1) A plot plan is drawn to scale, which shall include, but shall not be limited to, the following specific details of the proposed floodplain development: (a) The nature, location, dimensions, and elevations of the area of DR A F T Page 464 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 398 development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development; (b) The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as determined in Article 900, Section 902 (B), or a statement that the entire lot is within the Special Flood Hazard Area; (c) Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map, as determined in Article 900, Section 902 (B); (d) The boundary of the floodway(s) or non- encroachment area(s) as determined in Article 900, Section 902 (B); (e) The Base Flood Elevation (BFE) where provided as outlined in Article 900, Section 902 (B); Article 905; or Article 906 (D); (f) The old and new locations of any watercourse that will be altered or relocated because of the proposed development; and (g) The certification of the plot plan by a registered land surveyor or professional engineer. (2) The proposed elevation, and method thereof, of all development within a Special Flood Hazard Area, including but not limited to: (a) Elevation in relation to NAVD 1988 of the proposed reference level (including basement) of all structures; (b) Elevation in relation to NAVD 1988 to which any non-residential structure in Zone A, AE, AH, AO, or A99 will be flood-proofed; and DR A F T Page 465 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 399 (c) Elevation in relation to NAVD 1988 to which any proposed utility systems will be elevated or flood-proofed. (3) If floodproofing, a Floodproofing Certificate (FEMA Form 086- 0-34) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures. (4) A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this Ordinance are met. These details include, but are not limited to: (a) The proposed method of elevation, if applicable (e.g., fill, solid foundation perimeter wall, solid backfilled foundation, the open foundation on columns/posts/piers/piles/shear walls); and (b) Openings to facilitate automatic equalization of hydrostatic flood forces on walls per Article Five, Section B (4) (c) when solid foundation perimeter walls are used in Zones A, AE, AH, AO, and A99; (5) Usage details of any enclosed areas below the lowest floor. (6) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage; (7) Certification that all other Local, State, and Federal permits required before Floodplain Development Permit issuance have been received. (8) Documentation for placement of Recreational Vehicles and/or Temporary Structures, when applicable, to ensure that the provisions of Article 900, Section 906, (B) (6), and (7) of this Ordinance are met. (9) A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects on properties located both upstream and downstream; and a map, if not DR A F T Page 466 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 400 shown on the plot plan, showing the location of the proposed watercourse alteration or relocation. B. PERMIT REQUIREMENTS The Floodplain Development Permit shall include, but not be limited to: (1) A complete description of all the development to be permitted under the Floodplain Development Permit (e.g., house, garage, pool, septic, bulkhead, cabana, pier, bridge, mining, dredging, filling, grading, paving, excavation, or drilling operations, or storage of equipment or materials, etc.). (2) The Special Flood Hazard Area determination for the proposed development by available data specified in Article 900, Section 902 (B). (3) The Regulatory Flood Protection Elevation is required for the reference level and all attendant utilities. (4) The Regulatory Flood Protection Elevation is required for the protection of all public utilities. (5) All certification submittal requirements with timelines. (6) A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse unless the requirements of Article 900, Section 906 (F) have been met. (7) The flood opening requirements. (8) Limitations of the below BFE enclosure uses, if applicable. (e.g., parking, building access, and limited storage only). (9) A statement that all materials below BRE/RFPE must be flood-resistant materials. C. CERTIFICATION REQUIREMENTS (1) Elevation Certificates (a) An Elevation Certificate (FEMA Form 086-0-33) is required before the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to NAVD 1988. The Floodplain Administrator shall review the certificate data DR A F T Page 467 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 401 submitted. Deficiencies detected by such review shall be corrected by the permit holder before the beginning of construction. Failure to submit the certification or failure to make required corrections shall cause the denial of a Floodplain Development Permit. (b) An Elevation Certificate (FEMA Form 086-0-33) is required after the reference level is established. Within seven calendar days of the establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to NAVD 1988. Any work done within the seven- day calendar period and before submission of the certification shall be at the permit holder’s risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and before further work is permitted to proceed. Failure to submit the certification or failure to make required corrections shall cause the Administrator to issue a stop-work order for the project. (c) A final Finished Construction Elevation Certificate (FEMA Form 086-0-33) is required after construction is completed and before the Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and before Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall result caused to the withholding of the issuance of a Certificate of Compliance/Occupancy. The Finished Construction Elevation Certificate certifier shall DR A F T Page 468 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 402 provide at least two photographs showing the front and rear of the building taken within ninety days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in Article 900, Section 904, (C) (1) (a) above. To the extent possible, these photographs should show the entire building, including the foundation. If the building has split- level or multi-level areas, provide at least two additional photographs showing side views of the building. Also, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least three inches by three inches. Digital photographs are acceptable. (2) Flood-proofing Certificate If non-residential floodproofing is used to meet the Regulatory Flood Protection Elevation requirements, a Floodproofing Certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan, is required before the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by the same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant before permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit. Failure to construct per the certified design shall be cause the Administrator to withhold the issuance of a Certificate of Compliance/Occupancy. (3) If a manufactured home is placed within Zone A, AE, AH, AO, or A99 and the elevation of the chassis is more than thirty-six inches in height above grade, an engineered foundation certification is required per the provisions of Article 900, Section 906 (B) (3) (b). DR A F T Page 469 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 403 (4) If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer’s certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects on properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant before issuance of a Floodplain Development Permit. (5) Certification Exemptions. The following structures, if located within Zone A, AE, AH, AO, or A99, are exempt from the elevation/floodproofing certification requirements specified in items (A) and (B) of this subsection: (a) Recreational Vehicles meeting requirements of Article 900, Section 906 (B) (6) (a); (b) Temporary Structures meeting requirements of Article 900, Section 906 (B) (7); and (c) Accessory Structures less than 150 square feet or less and meet the requirements of Article 900, Section 906 (B) (8). D. DETERMINATIONS FOR EXISTING BUILDINGS AND STRUCTURES For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitation, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (a) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (b) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; DR A F T Page 470 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 404 (c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and (d) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood-resistant construction requirements of the North Carolina State Building Code and this Ordinance is required. 905: DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR A. DUTIES OF THE FLOODPLAIN ADMINISTRATOR The Floodplain Administrator shall perform, but not be limited to, the following duties: (1) Review all Floodplain Development Applications and issue permits for all proposed developments within Special Flood Hazard Areas to ensure that the requirements of this Ordinance have been satisfied. (2) Review all proposed developments within Special Flood Hazard Areas to ensure that all necessary local, State, and federal permits have been received, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. (3) Notify adjacent communities and the North Carolina Department of Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program before any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood- carrying capacity is maintained. (5) Prevent encroachments into floodways and non- encroachment areas unless the certification and flood hazard reduction provisions of Article 900, Section 906 (F) are met. DR A F T Page 471 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 405 (6) Obtain actual elevation in relation to NAVD 1988 of the reference level, including the basement, and all attendant utilities of all new and substantially improved structures, per the provisions of Article 900, Section 904 (B) (3). (7) Obtain actual elevation in relation to NAVD 1988 to which all new and substantially improved structures and utilities have been floodproofed, per the provisions of Article 900, Section 904 (B) (3). (8) Obtain actual elevation in relation to NAVD 1988 of all public utilities per the provisions of Article 900, Section 904 (B) (3). (9) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect per the provisions of Article 900, Section 904 (B) (3) and Article 900, Section 906 (B) (2). (10) Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas, floodways, or non-encroachment areas (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. (11) When BFE data has not been provided per the provisions of Article 900, Section 902 (B), obtain, review, and reasonably utilize any BFE data, along with floodway data or non- encroachment area data available from a federal, state, or another source, including data developed under Article 900, Section 906 (D) (2) (c), to administer the provisions of this Ordinance. (12) When BFE data is provided but no floodway or non- encroachment area data has been provided per the provisions of Article 900, Section 902 (B), obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, State, or another source to administer the provisions of this Ordinance. (13) Permanently maintain all records that pertain to the administration of this Ordinance and make these records available for public inspection, recognizing that such DR A F T Page 472 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 406 information may be subject to the Privacy Act of 1974, as amended. (14) Make on-site inspections of work in progress. As the work under a Floodplain Development Permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local Ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter any premises within the jurisdiction of the community at any reasonable hour for inspection or other enforcement action. (15) Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this Ordinance, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor. (16) Revoke Floodplain Development Permits as required. The Floodplain Administrator may revoke and require the return of the Floodplain Development Permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any Floodplain Development Permit mistakenly issued in violation of an applicable State or local law may also be revoked. (17) Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter any premises within the territorial jurisdiction of the department at any reasonable hour for inspection or other enforcement action. DR A F T Page 473 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 407 (18) Follow through with corrective procedures of Article 900, Section 905 (B). (19) Review, provide input, and make recommendations for Variance requests. (20) Maintain a current map repository to include, but not limited to, historical and effective FIS Report, historical and effective FIRM, and other official flood maps and studies adopted per the provisions of Article 900, Section 902 (B) of this Ordinance, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify the State and FEMA of mapping needs. (21) Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR-Fs) and Letters of Map Revision (LOMRs). (22) When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a Special Flood Hazard Area are above the BFE, advise the property owner of the option to apply for a Letter of Map Amendment from FEMA. Maintain a copy of the LOMA issued by FEMA in the Floodplain Development Permit file. B. CORRECTIVE PROCEDURES (1) When the Floodplain Administrator finds violations of applicable State and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification. (2) If the owner of a building or property fails to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner’s last known address or by personal service, stating: (a) That the building or property violates the floodplain management regulations; (b) That a hearing will be held before the floodplain administrator at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence about the matter; and DR A F T Page 474 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 408 (c) That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the building, or to remove fill as applicable. (3) If, upon a hearing held according to the notice prescribed above, the Floodplain Administrator shall find that the building or development violates the Flood Damage Prevention Ordinance, they shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified period, not less than sixty calendar days, nor more than 180 calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, they may order that corrective action be taken in such a lesser period as may be feasible. (4) Any owner who has received an order to take corrective action may appeal the order to the Randolph County Board of Commissioners by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten days following the issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The Randolph County Zoning Board of Adjustment shall hear an appeal within a reasonable time and may affirm, modify, and affirm, or revoke the order. (5) If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the Randolph County Board of Commissioners following an appeal, the owner shall be guilty of a violation of this Ordinance and be subject to Article 400, Section 405. C. VARIANCE PROCEDURES (1) The Randolph County Zoning Board of Adjustment, as established by Randolph County, referred to as the appeal board, shall hear and decide requests for variances from the requirements of this Ordinance. (2) Any person aggrieved by the decision of the Randolph County Zoning Board of Adjustment may appeal such decision to the Court, as provided in Chapter 7A of the North Carolina General Statutes. (3) Variances may be issued for: DR A F T Page 475 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 409 (a) The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure. (b) Functionally dependent facilities if determined to meet the definition as stated in Article 100, Section 104 of this Ordinance, provided provisions of Article 900, Section 905 C (9) (b), (c), and (e) have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (c) Any other type of development provided it meets the requirements of this Section. (4) In passing upon variances, the Randolph County Zoning Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance, and: (a) The danger that materials may be swept onto other lands to the injury of others; (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) The importance of the services provided by the proposed facility to the community; (e) The necessity for the facility of a waterfront location as defined under Article 100, Section 104 of this Ordinance as a functionally dependent facility, where applicable; (f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; DR A F T Page 476 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 410 (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (i) The safety of access to the property in times of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (5) A written report addressing each of the above factors shall be submitted with the application for a variance. (6) Upon consideration of the factors listed above and the purposes of this Ordinance, the Randolph County Zoning Board of Adjustment may attach such conditions to the granting of Variances as it deems necessary to further the purposes and objectives of this Ordinance. (7) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the BFE and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE may result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including the justification for their issuance. (8) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to FEMA and the State of North Carolina upon request. (9) Conditions for Variances: DR A F T Page 477 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 411 (a) Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or Ordinances. (b) Variances shall not be issued within any designated floodway or non-encroachment area if the variance would result in an increase in flood levels during the base flood discharge. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Variances shall only be issued before development permit approval. (e) Variances shall only be issued upon: (i) A showing of good and sufficient cause; (ii) A determination that failure to grant the variance would result in exceptional hardship; and (iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (10) A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are in Special Flood Hazard Areas if all the following conditions are met: (a) The use serves a critical need in the community; (b) No feasible location exists for use outside the Special Flood Hazard Area; DR A F T Page 478 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 412 (c) The reference level of any structure is elevated or floodproofed to at least the Regulatory Flood Protection Elevation; (d) The use complies with all other applicable federal, State, and local laws; and (e) Randolph County has notified the Secretary of the North Carolina Department of Public Safety of its intention to grant a variance at least thirty calendar days before granting the variance. 906: PROVISIONS FOR FLOOD HAZARD REDUCTION A. GENERAL STANDARDS In all Special Flood Hazard Areas, the following provisions are required: (1) All new construction and substantial improvements shall be designed, modified, and adequately anchored to prevent flotation, collapse, and lateral movement of the structure. (2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage per the FEMA Technical Bulletin 2, Flood Damage-Resistant Materials Requirements. (3) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. (4) All new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall be located at or above the RFPE or designed and installed to prevent water from entering or accumulating within the components and installed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flood to the design flood elevation. Utility systems, equipment, and service facilities include but are not limited to HVAC equipment, water softener units, bath/kitchen plumbing fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, water heaters, fuel tanks, and electric outlets/switches. DR A F T Page 479 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 413 (a) Replacement part of a substantial improvement must also meet the above provisions. (b) Replacements that are for maintenance and not part of a substantial improvement may be installed at the original location, provided the addition and/or improvements only comply with the standards for new construction consistent with the code and requirements for the original structure. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. (7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (8) Nothing in this Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this Ordinance and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the Regulatory Flood Protection Elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this Ordinance. (9) New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by Variance as specified in Article 900, Section 905 (E) (10). A structure or tank for chemical or fuel storage incidental to an allowed use or the operation of a water treatment plant or wastewater treatment facility may be in a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the Regulatory Flood Protection Elevation and certified per the provisions of Article 900, Section 905 B (3). DR A F T Page 480 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 414 (10) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage. (11) All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. (12) All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards. (13) All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334. (14) When a structure is partially located in a Special Flood Hazard Area, the entire structure shall meet the requirements for new construction and substantial improvements. (15) When a structure is in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest BFE shall apply. (16) Fill is prohibited in the SFHA, including the construction of buildings on fill. This includes not approving Conditional Letters or Letters of Map Revision – Based on Fill (CLOMR-F or LOMR-F). (17) Buildings and structures that are located in more than one flood hazard area shall comply with the provisions associated with the most restrictive flood hazard area. B. SPECIFIC STANDARDS In all Special Flood Hazard Areas where BFE data has been provided, as outlined in Article 900, Section 902 (B), or Article 906 (D), the following provisions, in addition to the provisions of Article 900, Section 906 (A), are required: (1) RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any residential structure, including manufactured homes, shall have the reference level, including basement, elevated no DR A F T Page 481 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 415 lower than the Regulatory Flood Protection Elevation, as defined in Article 100, Section 104 of this Ordinance. (2) NON-RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation, as defined in Article 100, Section 104 of this Ordinance. Structures located in Zones A, AE, AH, O, and A99 may be floodproofed to the Regulatory Flood Protection Elevation instead of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the Regulatory Flood Protection Elevation, are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO zones, the floodproofing elevation shall be per Article 900, Section 906 (G) (2). A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as outlined in Article 900, Section 904 (C), along with the operational and maintenance plans. (3) MANUFACTURED HOMES (a) New and replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the Regulatory Flood Protection Elevation, as defined in Article 100, Section 104 of this Ordinance. (b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system or per the most current edition of the State of North Carolina Regulations for Manufactured Homes adopted by the Commissioner of Insurance according to NCGS § 143-143.15. Additionally, when the elevation would be met by an elevation of the chassis thirty-six inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundations. DR A F T Page 482 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 416 When the elevation of the chassis is above thirty-six inches in height, an engineering certification is required. (c) All enclosures or skirting below the lowest floor shall meet the requirements of Article 900, Section 906 (B) (4). (d) An evacuation plan must be developed for the evacuation of all residents of all-new, substantially improved, or substantially damaged manufactured home parks or subdivisions located within flood-prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the Local Emergency Management Coordinator. (4) ELEVATED BUILDINGS A fully enclosed area of new construction and substantially improved structures, which is below the lowest floor: (a) Shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas; (b) Shall not be temperature-controlled or conditioned; (c) Shall be constructed entirely of flood-resistant materials at least to the Regulatory Flood Protection Elevation; (d) Shall include flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria: DR A F T Page 483 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 417 (i) A minimum of two flood openings on different sides of each enclosed area subject to flooding; (ii) The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding; (iii) If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit; (iv) The bottom of all required flood openings shall be no higher than one foot above the higher of the interior or exterior adjacent grade; (v) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and (vi) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes and do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above. (e) Fill is prohibited in the SFHA. (f) Property owners shall be required to execute and record a non-conversion agreement before issuance of a building permit declaring that the area below the lowest flood shall not be improved, finished, or otherwise converted to habitable space. Randolph County will have the right to inspect the enclosed area. This agreement shall be recorded with the Randolph County Register of Deeds and shall transfer with the property in perpetuity. DR A F T Page 484 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 418 (5) ADDITIONS/IMPROVEMENTS (a) Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are: (i) Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure. (ii) A substantial improvement, with modifications, rehabilitations, or improvements to the existing structure or the common wall, is structurally modified more than installing a doorway, both the existing structure and the addition must comply with the standards for new construction. (b) Additions to pre-FIRM or post-FIRM structures that are a substantial improvement with no modifications, rehabilitations, or improvements to the existing structure other than a standard door in the common wall, shall require only the addition to comply with the standards for new construction. (c) Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are: (i) Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction consistent with the code and requirements for the original structure. (ii) A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction. (d) Any combination of repair, reconstruction, rehabilitation, addition, or improvement of a building or structure taking place during a one year, the cumulative cost of which equals or exceeds fifty percent of the market value of the structure before the improvement or repair is started, must comply with the standards for new construction. For each building or DR A F T Page 485 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 419 structure, the one-year minimum period begins on the date of the first improvement or repair of that building or structure after the effective date of this Ordinance. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds twenty-five percent of the market value of the structure before the damage occurred. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either: (i) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that is the minimum necessary to assure safe living conditions; or (ii) Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. (6) RECREATIONAL VEHICLES Recreational vehicles shall either: (a) Temporary Placement (i) Be on-site for fewer than 180 consecutive days; or (ii) Be fully licensed and ready for highway use. (A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has not permanently attached additions. (b) Permanent Placement (i) Recreational vehicles that do not meet the limitations of Temporary Placement shall meet all the requirements for new construction. DR A F T Page 486 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 420 (7) TEMPORARY NON-RESIDENTIAL STRUCTURES Before the issuance of a Floodplain Development Permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a hurricane, flash flood, or another type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval: (a) A specified period for which the temporary use will be permitted. The time specified may not exceed three months, renewable up to one year; (b) The name, address, and phone number of the individual responsible for the removal of the temporary structure; (c) The time frame before the event at which a structure will be removed (e.g., a minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification); (d) A copy of the contract or other suitable instrument with the entity responsible for the physical removal of the structure; and (e) Designation, accompanied by documentation, of a location outside the Special Flood Hazard Area, to which the temporary structure will be moved. (8) ACCESSORY STRUCTURES When accessory structures (e.g., sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area, the following criteria shall be met: (a) Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking, or restroom areas); (b) Accessory structures shall not be temperature- controlled; (c) Accessory structures shall be designed to have low flood damage potential; DR A F T Page 487 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 421 (d) Accessory structures shall be constructed and placed on the building site to offer the minimum resistance to the flow of floodwaters; (e) Accessory structures shall be firmly anchored per the provisions of Article 900, Section 906 (A) (1); (f) All service facilities, such as electrical, shall be installed per the provisions of Article 900, Section 906 (A) (4); and (g) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below the Regulatory Flood Protection Elevation in conformance with the provisions of Article 900, Section 906 (B) (4) (d). An accessory structure with a footprint of less than 150 square feet that satisfies the criteria outlined above is not required to meet the elevation or floodproofing Standards of Article 900, Section 906 (B) (2). Elevation or floodproofing certifications are required for all other accessory structures per Article 900, Section 904 (C (3). (9) TANKS When gas and liquid storage tanks are to be placed within a Special Flood Hazard Area, the following criteria shall be met. (a) Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. (b) Above-ground tanks in flood hazard areas shall be elevated to or above the Regulatory Flood Protection Elevation on a supporting structure that is designed to prevent flotation, collapse, or lateral movement during conditions of the designed flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. (c) Above-ground tanks that do not meet the elevation requirements of Article 900, Section 906, Item B (2) of this Ordinance shall be permitted in flood hazard areas provided that the tanks are designed, constructed, installed, and anchored to resist all flood-related and DR A F T Page 488 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 422 other loads, including the effects of buoyancy, during conditions of the design flood and without release of contents in the floodwaters or infiltration by floodwaters into the tanks. Tanks shall be designed, constructed, installed, and anchored to resist the potential buoyant and other flood forces acting on an empty tank during design flood conditions. (d) Tank inlets, fill openings, outlets, and vents shall be: (i) At or above the Regulatory Flood Protection Elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (ii) Anchored to prevent lateral movement resulting from hydrodynamic loads, including the effects of buoyancy, during conditions of the design flood. (10) FENCES Fences in regulated floodways and NEAs that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Article 900, Section 906, Item F of this Ordinance. (11) RETAINING WALLS, SIDEWALLS, AND DRIVEWAYS Retaining walls, sidewalks, and driveways that involve the placement of fill-in regulated floodways shall meet the limitations of Article 900, Section 906, Item F of this Ordinance. (12) ROADS AND WATERCOURSE CROSSINGS Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings, and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Article 900, Section 606, Item F of this Ordinance. (13) COMMERCIAL STORAGE FACILITIES Commercial storage facilities are not considered “limited storage” as noted in this Ordinance and shall be protected by the Regulatory Flood Protection Elevation as required for commercial structures. DR A F T Page 489 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 423 C. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Article 900, Section 902 (B), where no BFE data has been provided by FEMA, the following provisions, in addition to the provisions of Article 900, Section 906 (A), shall apply: (1) No encroachments, including fill, new construction, substantial improvements, or new development shall be permitted within twenty feet on each side from the top of the bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in an increase in flood levels during the occurrence of the base flood discharge. (2) The BFE used in determining the Regulatory Flood Protection Elevation shall be determined based on the following criteria: (a) When BFE data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this Ordinance and shall be elevated or floodproofed per standards in Article 900, Section 906 (A) and (B). (b) When floodway data or non-encroachment data is available from a federal, State, or another source, all new construction and substantial improvements within floodway and non- encroachment areas shall also comply with the requirements of Article 900, Section 906 (B) and (F). (c) All subdivisions, manufactured home parks and other development proposals shall provide BFE data if the development is greater than five acres or has more than fifty lots/manufactured home sites. Such BFE data shall be adopted by reference per Article 900, Section 902 (B), and utilized in implementing this Ordinance. (d) When BFE data is not available from a federal, State, or another source as outlined above, the reference level shall be elevated or floodproofed DR A F T Page 490 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 424 (nonresidential) to or above the Regulatory Flood Protection Elevation, as defined in Article 100, Section 104. All other applicable provisions of Article 900, Section 906 (B) shall also apply. D. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Article 900, Section 902 (B), where no BFE data has been provided by FEMA, the following provisions, in addition to the provisions of Article 900, Section 906 (A), shall apply: (1) No encroachments, including fill, new construction, substantial improvements, or new development shall be permitted within twenty feet on each side from the top of the bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in an increase in flood levels during the occurrence of the base flood discharge. (2) The BFE used in determining the Regulatory Flood Protection Elevation shall be determined based on the following criteria: (a) When BFE data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this Ordinance and shall be elevated or floodproofed per standards in Article 900, Section 906 (A) and (B). (b) When floodway data or non-encroachment data is available from a federal, State, or another source, all new construction and substantial improvements within floodway and non- encroachment areas shall also comply with the requirements of Article 900, Section 906 (B) and (F). (c) All subdivisions, manufactured home parks and other development proposals shall provide BFE data if the development is greater than five acres or has more than fifty lots/manufactured home sites. Such BFE data shall be adopted by reference per Article 900, Section 902 (B), and utilized in implementing this Ordinance. DR A F T Page 491 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 425 (d) When BFE data is not available from a federal, State, or another source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above the Regulatory Flood Protection Elevation, as defined in Article 100, Section 104. All other applicable provisions of Article 900, Section 906 (B) shall also apply. E. FLOODWAYS AND NON-ENCROACHMENT AREAS Areas designated as floodways or non-encroachment areas are located within the Special Flood Hazard Areas established in Article 900, Section 902 (B). The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in Article 900, Section 906 (A) and (B), shall apply to all development within such areas: (1) No encroachments, including fill, new construction, substantial improvements, and other developments, shall be permitted unless: (a) It is demonstrated that the proposed encroachment would not result in an increase in the flood levels during the occurrence of the base flood discharge, based on hydrologic and hydraulic analyses performed per standard engineering practice and presented to the Floodplain Administrator before issuance of the Floodplain Development Permit, or (b) A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment. (2) If Section 900, Section 906 (F) (1) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this Ordinance. (3) Manufactured homes may be permitted provided the following provisions are met: (a) The anchoring and the elevation standards of Article 900, Section 906 (B) (3); and DR A F T Page 492 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 426 (c) The encroachment standard of Article 900, Section 906 (F) (1). F. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AO) Located within the Special Flood Hazard Area established in Article 900, Section 902 (B), are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to Article 900, Section 906 (A), and (B), all new construction and substantial improvements shall meet the following requirements. (1) The reference level shall be elevated at least as high as the depth number specified on the FIRM, in feet, plus a freeboard of four feet, above the highest adjacent grade; or at least four feet above the highest adjacent grade if no depth number is specified. (2) Non-residential structures may, instead of elevation, be floodproofed to the same level as required in Article 900, Section 906 (H) (1) so that the structure, together with attendant utility and sanitary facilities, below that level, shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required per Article 900, Section 904 (C) (3) and Article 900, Section 906 (B) (2). (3) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures. G. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AH) Located within the Special Flood Hazard Areas established in Article 900, Section 902 (B), are areas designated as shallow flooding areas. These areas are subject to inundation by a one percent annual chance of shallow flooding, usually areas of ponding, where average depths are one to three feet. BFE is derived from detailed hydraulic analyses as shown in this zone. In addition to Article 900, Section 906 (A), and (B), all new construction and substantial improvements shall meet the following requirement. (1) Adequate drainage paths shall be provided around structures on slopes to guide floodwaters around and away from proposed structures. DR A F T Page 493 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 427 907: LEGAL STATUS PROVISIONS A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE This Ordinance in part comes forward by the re-enactment of some of the provisions of the flood damage prevention Ordinance enacted May 4, 1987, as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this Ordinance shall not affect any action, suit, or proceeding instituted or pending. All provisions of the Flood Damage Prevention Ordinance of Randolph County enacted on May 4, 1987, as amended, which are not reenacted herein, are repealed. The date of the initial flood damage prevention Ordinance for each municipal jurisdiction within Randolph County is as follows: JURISDICTION INITIAL DATE City of Archdale May 26, 1987 City of Asheboro April 10, 1975 City of High Point July 1, 1985 City of Randleman May 5, 1987 City of Trinity March 16, 2004 Town of Franklinville December 2, 1996 Town of Ramseur June 6, 1988 Table 46: Date of Adoption of Initial Flood Damage Prevention Ordinance B. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a Floodplain Development Permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this Ordinance; provided, however, that when construction is not begun under such outstanding permit within six months after the date of issuance of the outstanding permit, construction or use shall conform with the provisions of this Ordinance. C. SEVERABILITY If a section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. D. EFFECTIVE DATE This Ordinance shall become effective upon its adoption. DR A F T Page 494 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 428 E. ADOPTION CERTIFICATION I hereby certify that this is a true and correct copy of the Flood Damage Prevention Ordinance as adopted by the Randolph County Board of Commissioners on the first day of April 2024. WITNESS my hand and the Official Seal of Randolph County, this the first day of April 2024. _______________________________ Clerk to the Board of Commissioners DR A F T Page 495 of 517 ARTICLE 900: FLOOD DAMAGE PROTECTION ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 429 This page is intentionally blank. DR A F T Page 496 of 517 ARTICLE 1000: JUDICIAL REVIEW RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 430 ARTICLE 1000: JUDICIAL REVIEW 1001: DECLARATORY JUDGMENTS Challenges of legislative decisions of the Randolph County Board of Commissioners, the Randolph County Planning Board, or the Randolph County Zoning Board of Adjustment, including the validity or constitutionality of development regulations adopted under this Chapter, and actions authorized by NCGS § 160D-108 (h) or (i) and NCGS § 160D- 1403.1, may be brought according to Article 26 of Chapter 1 of the General Statutes. The Board making the challenged decision shall be named a party to the action. An action is not rendered moot if the party loses the relevant property interest because of the Randolph County action being applied, subject to applicable case law limits. 1002: APPEALS IN THE NATURE OF CERTIORARI A. APPLICABILITY This Section applies to appeals of quasi-judicial decisions of decision- making boards when that appeal is like certiorari as required by this Article. B. FILING THE PETITION An appeal like certiorari shall be initiated by filing a petition for writ of certiorari with the Superior Court. The petition shall do all the following: (1) State the facts that demonstrate that the petitioner has standing to seek review; (2) Set forth allegations sufficient to give the court and parties notice of the grounds upon which the petitioner contends that an error was made; (3) Set forth with particularity the allegations and facts, if any, in support of allegations that, as the result of an impermissible conflict as described in NCGS § 160D-109, or locally adopted conflict rules, the decision-making body was not sufficiently impartial to comply with due process principles; and (4) Set forth the relief the petitioner seeks. C. STANDING A petition may be filed under this Section only by a petitioner who has standing to challenge the decision being appealed. The following persons have standing to file a petition under this Section: DR A F T Page 497 of 517 ARTICLE 1000: JUDICIAL REVIEW RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 431 (1) Any person possessing any of the following criteria: (a) An ownership interest in the property that is the subject of the decision being appealed, a leasehold interest in the property that is the subject of the decision being appealed, or an interest created by an easement, restriction, or covenant in the property that is the subject of the decision being appealed; (b) An option or contract to purchase the property that is the subject of the decision being appealed; or (c) An applicant before the decision-making board whose decision is being appealed. (2) Any other person who will suffer special damages as the result of the decision being appealed. (3) An incorporated or unincorporated association to which owners or lessees of property in a designated area belong under their owning or leasing property in that area, or an association otherwise organized to protect and foster the interest of the particular neighborhood or local area, so long as at least one of the members of the association would have standing as an individual to challenge the decision being appealed, and the association was not created in response to the particular development or issue that is the subject of the appeal. (4) Randolph County whose decision-making board has decided that the Randolph County Board of Commissioners believes improperly grants a variance from or is otherwise inconsistent with the proper interpretation of a development regulation adopted by the Randolph County Board of Commissioners. D. RESPONDENT The respondent named in the petition shall be Randolph County whose decision-making board made the decision that is being appealed, except that if the petitioner is Randolph County that has filed a petition under subdivision (4) of subsection (C) of this Section, then the respondent shall be the decision-making board. If the petitioner is not the applicant before the decision-making board whose decision is being appealed, the petitioner shall also name that applicant as a respondent. Any petitioner may name as a respondent any person with an ownership or leasehold interest in the DR A F T Page 498 of 517 ARTICLE 1000: JUDICIAL REVIEW RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 432 property that is the subject of the decision being appealed who participated in the hearing, or was an applicant, before the decision-making board. E. WRIT OF CERTIORARI Upon filing the petition, the petitioner shall present the petition and a proposed writ of certiorari to the Clerk of Superior Court of Randolph County. The writ shall direct the respondent Randolph County or the respondent decision-making board if the petitioner is Randolph County that has filed a petition under subdivision (4) of subsection (C) of this Section, to prepare and certify to the court the record of proceedings below within a specified date. The writ shall also direct the petitioner to serve the petition and the writ upon each respondent named therein in the manner provided for service of a complaint under Rule 4 (j) of the Rules of Civil Procedure, except that, if the respondent is a decision-making board, the petition, and the writ shall be served upon the Chair of that decision-making board. Rule 4 (j) (5) d. of the Rules of Civil Procedure applies in the event the Chair of a decision-making board cannot be found. No summons shall be issued. The Clerk shall issue the writ without notice to the respondent or respondents if the petition has been properly filed and the writ is in proper form. A copy of the executed writ shall be filed with the court. Upon the filing of a petition for writ of certiorari, a party may request a stay of the execution or enforcement of the decision of the quasi-judicial board pending Superior Court review. The court may grant a stay at its discretion and on conditions that properly provide for the security of the adverse party. A stay granted in favor of a city or county shall not require a bond or other security. F. RESPONSE TO THE PETITION The respondent may, but need not, file a response to the petition, except that, if the respondent contends for the first time that any petitioner lacks standing to bring the appeal, that contention must be outlined in a response served on all petitioners at least 30 days before the hearing on the petition. If it is not served within that period, the matter may be continued to allow the petitioner’s time to respond. G. INTERVENTION Rule 24 of the Rules of Civil Procedure governs motions to intervene as a petitioner or respondent in an action initiated under this Section, with the following exceptions: (1) Any person described in subdivision (1) of subsection (C) of this Section has standing to intervene and shall be allowed to intervene as a matter of right; DR A F T Page 499 of 517 ARTICLE 1000: JUDICIAL REVIEW RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 433 (2) Any person, other than one described in subdivision (1) of subsection (C) of this Section, who seeks to intervene as a petitioner must demonstrate that the person would have had standing to challenge the decision being appealed per subdivisions (2) through (4) of subsection (C) of this Section; or (3) Any person, other than one described in subdivision (1) of subsection (C) of this Section, who seeks to intervene as a respondent must demonstrate that the person would have had standing to file a petition per subdivisions (2) through (4) of subsection (C) of this Section if the decision-making board had made a decision that is consistent with the relief sought by the petitioner. H. THE RECORD The record shall consist of the decision and all documents and exhibits submitted to the decision-making board whose decision is being appealed, together with the minutes of the meeting or meetings at which the decision being appealed was considered. Upon request of any party, the record shall also contain audio or videotape of the meeting or meetings at which the decision being appealed was considered if such a recording was made. Any party may also include in the record a transcript of the proceedings, which shall be prepared at the cost of the party choosing to include it. The parties may agree that matters unnecessary to the court's decision be deleted from the record or that matters other than those specified herein be included. The record shall be bound and paginated or otherwise organized for the convenience of the parties and the court. A copy of the record shall be served by Randolph County, or the Randolph County Zoning Board of Adjustment, or the Randolph County Board of Commissioners, upon all petitioners within three days after it is filed with the court. I. HEARING ON THE RECORD The court shall hear and decide all issues raised by the petition by reviewing the record submitted per subsection (H) of this Section. The court shall allow the record to be supplemented with affidavits, the testimony of witnesses, or documentary or other evidence if, and to the extent that, the petition raised ant of the following issues, in which case the rules of discovery outlined in the North Carolina Rules of Civil Procedure apply to the supplementation of the records of these issues: (1) Whether a petitioner or intervener has standing; (2) Whether, because of impermissible conflict as described in NCGS § 160D-109 or locally adopted conflict rules, the decision-making Board was not sufficiently impartial to comply DR A F T Page 500 of 517 ARTICLE 1000: JUDICIAL REVIEW RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 434 with due process principles. A failure to object at a hearing by a person with standing under subsection (C) of this section shall not constitute a waiver of a right to assert impermissible conflict involving a member of the decision-making Board; or (3) Whether the decision-making body erred for the reasons outlined in sub-subdivisions (A) and (B) of subdivision (1) of subsection (J) of this Section. J. SCOPE OF REVIEW (1) When reviewing the decision under the provisions of this Section, the court shall ensure that the rights of petitioners have not been prejudiced because the decision-making body's findings, inferences, conclusions, or decisions were: (a) In violation of constitutional provisions, including those protecting procedural due process rights; (b) More than the statutory authority conferred upon Randolph County, including preemption, or the authority conferred upon the decision-making board by ordinance; (c) Inconsistent with applicable procedures specified by statute or ordinance; (d) Affected by other errors of law; (e) Unsupported by competent, material, and substantial evidence because of the entire record; or (f) Arbitrary or capricious. (2) When the issue before the court is one outlined in subdivisions (A) through (D) of subdivision (1) of this subsection, including whether the decision-making board erred in interpreting an ordinance, the court shall review that issue de novo. The court shall consider the interpretation of the decision-making board, but is not bound by that interpretation, and may freely substitute its judgment as appropriate. Whether the record contains competent, material, and substantial evidence is a conclusion of law, reviewable de novo. (3) The term competent evidence, as used in this subsection, does not preclude reliance by the decision-making board on DR A F T Page 501 of 517 ARTICLE 1000: JUDICIAL REVIEW RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 435 evidence that would not be admissible under the rules of evidence as applied in the trial division of the General Court of Justice if (i) except for the items noted in subdivisions (A), (B) and (C) of this subdivision that is conclusively incompetent, the evidence was admitted without objection or (ii) the evidence appears to be sufficiently trustworthy and was admitted under such circumstances that it was reasonable for the decision-making board to rely upon it. The term competent evidence, as used in this subsection, shall, regardless of the lack of timely objection, not be deemed to include the opinion testimony of lay witnesses as to any of the following: (a) The use of property in a way affects the value of other property; (b) The increase in vehicular traffic resulting from a proposed development poses a danger to public safety; or (c) Matters about which only expert testimony would generally be admissible under the rules of evidence. 4. Subject to the limitations in the State and federal constitutions and State and federal law, an action filed under this section is not rendered moot, if, during the pendency of the action, the aggrieved person loses the applicable property interest because of Randolph County’s action being challenged and exhaustion of an appeal described herein is requires for purposes of preserving a claim for damages under NCGS § 160D-1403.1 K. DECISION OF THE COURT Following its review of the decision-making board per subsection (J) of this Section, the court may affirm the decision, reverse the decision, remand the case with appropriate instructions, or remand the case for further proceedings. If the court does not affirm the decision below in its entirety, then the court shall determine what relief shall be granted to the petitioners: (1) If the court concludes that the error committed by the decision- making board is procedural only, the court may remand the case for further proceedings to correct the procedural error; (2) If the court concludes that the decision-making board has erred by failing to make findings of fact such that the court cannot properly perform its function, then the court may DR A F T Page 502 of 517 ARTICLE 1000: JUDICIAL REVIEW RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 436 remand the case with appropriate instructions, so long as the record contains substantial competent evidence that could support the decision below with appropriate findings of fact. However, findings of fact are not necessary when the record sufficiently reveals the basis for the decision below or when the material facts are undisputed, and the case presents only an issue of law; or (3) If the court concludes that the decision by the decision-making board is not supported by competent, material, and substantial evidence in the record or is based upon an error of law, then the court may remand the case with an order that directs the decision-making board to take whatever action shall have been taken had the error not been committed or to take such other action as is necessary to correct the error. Specifically: (a) If the court concludes that a permit was wrongfully denied because the denial was not based on competent, material, and substantial evidence or was otherwise based on an error of law, the court shall remand with instructions that the permit be issued, subject to any conditions expressly consented to by the permit applicant as part of the application or during the Randolph County Planning Board writ of certiorari appeal. (b) If the court concludes that a permit was wrongfully issued because the issuance was not based on competent, material, and substantial evidence or was otherwise based on an error of law, the court may remand with instructions that the permit be revoked. (c) If the court concludes that the Randolph County Planning Board decision upholding a zoning enforcement action was not supported by substantial competent evidence or was otherwise based on an error of law, the court shall reverse the decision. L. EFFECT OF APPEAL AND ANCILLARY INJUNCTIVE RELIEF (1) If development approval is appealed, the applicant shall have the right to commence work while the appeal is pending. However, if the development approval is reversed by a final decision of any court of competent jurisdiction, the applicant shall not be deemed to have gained any vested rights based DR A F T Page 503 of 517 ARTICLE 1000: JUDICIAL REVIEW RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 437 on actions taken before or during the pendency of the appeal and must proceed as if no development approval had been granted. (2) Upon motion of a party to a proceeding under this Section, and under appropriate circumstances, the court may issue an injunctive order requiring any other party to that proceeding to take a certain action or refrain from taking action that is consistent with the court's decision on the merits of the appeal. M. EFFECT OF APPEAL OF QUASI-JUDICIAL RELIEF If a Special Use Permit is issued by Randolph County Planning Board after remand from an order of the court of competent jurisdiction and no injunction prevents the issuance of a Special Use Permit, any appeal of the Court’s remand order or the subsequently issued Special Use Permit is rendered moot. N. JOINDER A declaratory judgment brought under NCGS § 160D-1401 or other civil action relating to the decision at issue may be joined with the petition for writ of certiorari and decided in the same proceeding. O. STAYS An appeal under this section is stayed as provided in NCGS § 160D-405. 1003: APPEALS OF DECISIONS ON SUBDIVISION PLATS When a subdivision regulation adopted under this Ordinance provides that the decision whether to approve or deny a preliminary or final subdivision plat is quasi-judicial, then that decision of the Board is subject to review by the Superior Court by a proceeding in the nature of certiorari. NCGS § 160D-406 and this Section apply to those appeals. When a subdivision regulation adopted under this Ordinance provides that the decision whether to approve or deny a preliminary or final subdivision plat is administrative, or for any other administrative decision implementing a subdivision regulation, the following applies. A. If made by the Governing Board or Planning Board, the decision is subject to review by filing an action in Superior Court seeking appropriate declaratory or equitable relief within thirty days from receipt of the written notice of the decision, which shall be made as provided in NCGS § 160D- 403 (b). B. If made by the staff or a staff committee, the decision is subject to appeal as provided in NCGS § 160D-405. DR A F T Page 504 of 517 ARTICLE 1000: JUDICIAL REVIEW RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 438 For purposes of this Section, a subdivision regulation is deemed to authorize a quasi- judicial decision if the decision-making entity under NCGS § 160D-803 (c) is authorized to decide whether to approve or deny the plat based not only upon whether the application complies with the specific requirements outlined in the regulation but also on whether the application complies with one or more generally stated standards requiring a discretionary decision to be made. 1004: CIVIL ACTION FOR DECLARATORY RELIEF, INJUNCTIVE RELIEF, OTHER REMEDIES; JOINDER OF COMPLAINT AND PETITION FOR WRIT OF CERTIORARI IN CERTAIN CASES A. CIVIL ACTION Except as otherwise provided in this section for claims involving questions of interpretation, instead of any remedies available under NCGS § 160D- 405 or NCGS § 160D-108(h), a person with standing, as defined in subsection (B) of this section, may bring an original civil action seeking declaratory relief, injunctive relief, damages, or any other remedies provided by law or equity, in Superior Court or Federal Court to challenge the enforceability, validity, or effect of a local land development regulation for any of the following claims: (1) This Ordinance, either on its face or as applied, is unconstitutional. (2) This Ordinance, either on its face or as applied, is ultra vires, preempted, or otherwise more than statutory authority. (3) This Ordinance, either on its face or as applied, constitutes a taking of property. If the decision being challenged is from an administrative official charged with enforcement of a local land development regulation, the party with standing must first bring any claim that this Ordinance was erroneously interpreted to the Randolph County Zoning Board of Adjustment according to NCGS § 160D-405. An adverse ruling from the Randolph County Zoning Board of Adjustment may then be challenged in an action brought under this subsection with the court hearing the matter de novo together with any of the claims listed in this subsection. B. STANDING Any of the following criteria provide standing to bring an action under this section: DR A F T Page 505 of 517 ARTICLE 1000: JUDICIAL REVIEW RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 439 (1) The person has an ownership, leasehold, or easement interest in, or possesses an option or contract to purchase the property that is the subject matter of a final and binding decision made by an administrative official charged with applying or enforcing a land development regulation. (2) The person was a development permit applicant before the decision-making Board, whose decision is being challenged. (3) The person was a development permit applicant who was aggrieved by a final and binding decision of an administrative official charged with applying or enforcing a land development regulation. C. TIME FOR COMMENCEMENT OF ACTION Any action brought under this section shall be commenced within one year after the date on which written notice of the final decision is delivered to the aggrieved party by personal delivery, electronic mail, or first-class mail. D. JOINDER An original civil action authorized by this section may, for convenience and economy, be joined with a petition for writ of certiorari and decided in the same proceedings. The Rules of Civil Procedure govern the parties for the claims raised in the original civil action. The record of proceedings in the appeal, according to NCGS § 160D-1402, shall not be supplemented by discovery from the civil action unless supplementation is otherwise allowed under NCGS § 160D-1402 (i). The standard of review in the original civil action for the cause or causes of action pled as authorized by subsection (a) of this section is de novo. The standard of review of the petition for writ of certiorari is the standard established in G.S. 160D-1402 (j). E. ACTION NOT RENDERED MOOT BY LOSS OF PROPERTY Subject to the limitations in the State and federal constitutions and State and federal case law, an action filed under this section is not rendered moot, if, during the pendency of the action, the aggrieved person loses the applicable property interest because of Randolph County’s action being challenged and exhaustion of an appeal described herein is required for purposes of preserving a claim for damages under this section. F. STAYS An appeal under this section is stayed as provided in NCGS § 160D-405. G. DEFINITIONS The definitions in NCGS § 143-755 apply in this section. H. NO ESTOPPEL EFFECT WHEN CHALLENGING DEVELOPMENT CONDITIONS DR A F T Page 506 of 517 ARTICLE 1000: JUDICIAL REVIEW RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 440 Randolph County may not assert before the Randolph County Zoning Board of Adjustment or in any civil action the defense of estoppel because of actions by the landowner or permit applicant to proceed with development authorized by a development permit as defined in NCGS § 143-755 if the landowner or permit applicant is challenging conditions that were imposed and not consented to in writing by a landowner or permit applicant. 1005: STATUTES OF LIMITATION A. ZONING MAP ADOPTION OR AMENDMENTS A cause of action as to the validity of any regulation adopting or amending a zoning map adopted under this Chapter or other applicable law or development agreement adopted under Article 400 of this Chapter accrues upon adoption of this Ordinance and shall be brought within sixty days as provided in NCGS § 1-54.10. B. TEXT ADOPTION OR AMENDMENT Except as otherwise provided in subsection (A) of this Section, an action challenging the validity of a development regulation adopted under this Ordinance or other applicable law shall be brought within one year of the accrual as provided in NCGS § 1-54 (10). The action accrues when the party bringing such action first has the standing to challenge this Ordinance. A challenge to an ordinance because of an alleged defect in the adoption process shall be brought within three years after the adoption of this Ordinance as provided in NCGS § 1-54 (10). C. ENFORCEMENT DEFENSE Nothing in this Section or NCGS § 1-54 (10) or NCGS § 1-54.1 bars a party in an action involving the enforcement of a development regulation or in an action under NCGS § 160D-1403.1 from raising a claim or defense in the proceedings the enforceability of the invalidity of this Ordinance. Nothing in this Section or NCGS § 1-54 (10) or NCGS § 1-54.1 bars a party who files a timely appeal from any order, requirement, decision, or determination made by an administrative official contending that the party violates a development regulation from raising in the judicial appeal the invalidity of this Ordinance as a defense to the order, requirement, decision, or determination. A party in an enforcement action or appeal may not assert the invalidity of this Ordinance because of an alleged defect in the adoption process unless the defense is formally raised within three years of the adoption of the challenged ordinance. D. TERMINATION OF GRANDFATHERED STATUS When a use constituting a violation of this Ordinance is in existence before the adoption of the zoning or unified development ordinance creating the violation, and that use is grandfathered and subsequently terminated for DR A F T Page 507 of 517 ARTICLE 1000: JUDICIAL REVIEW RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 441 any reason, Randolph County shall bring an enforcement action within ten years of the date of the termination of the grandfathered status, unless the violation poses an imminent hazard to health or public safety. E. QUASI-JUDICIAL DECISIONS Unless specifically provided otherwise, a petition for review of a quasi- judicial decision shall be filed with the Clerk of Superior Court by the later of thirty days after the decision is effective or after a written copy thereof is given under NCGS § 160D-406 (j). When first-class mail is used to deliver notice, three days shall be added to the time to file the petition. F. OTHERS Except as provided by this Section, the statutes of limitations are as provided in Subchapter II of Chapter 1 of the General Statutes. 1006: ATTORNEYS’ FEES In any action in which Randolph County is a party, upon a finding by the court that Randolph County violated a statute or case law setting forth unambiguous limits on its authority, the court shall award reasonable attorneys’ fees and costs to the party who successfully challenged Randolph County’s action. In any action in which Randolph County is a party, upon finding by the court that Randolph County acted inconsistent with, or in violation of, NCGS § 160A-360.1, NCGS § 153A-320.1, or NCGS § 143-755, the court shall award reasonable attorneys’ fees and costs to the party who successfully challenged Randolph County’s failure to comply with any of those provisions. In all matters, the court may award reasonable attorneys’ fees and costs to the prevailing private litigant. For purposes of this section, unambiguous means that the limits of authority are not reasonably susceptible to multiple constructions. DR A F T Page 508 of 517 TABLE OF FIGURES RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE i TABLE OF FIGURES Table 1: Randolph County Zoning Districts .............................................................................................. 133 Table 2: Randolph County Buffer Levels .................................................................................................. 135 Table 3: CC: Community Commercial District .......................................................................................... 137 Table 4: CS: Community Shopping District ............................................................................................... 138 Table 5: E-1: First Environmental District ................................................................................................. 139 Table 6: GC: General Commercial District ................................................................................................ 140 Table 7: HC: Highway Commercial District ............................................................................................... 141 Table 8: HI: Heavy Industrial District ......................................................................................................... 142 Table 9: LC: Limited Commercial District .................................................................................................. 143 Table 10: LI: Light Industrial District .......................................................................................................... 144 Table 11: O-I: Office and Institutional District ........................................................................................... 145 Table 12: RA: Residential Agricultural District .......................................................................................... 146 Table 13: RE: Residential Exclusive District ............................................................................................. 147 Table 14: RM: Residential Mixed District .................................................................................................. 148 Table 15: RR: Residential Restricted District ............................................................................................ 149 Table 16: Cluster Subdivision Development Standards ........................................................................... 152 Table 17: Conservation Subdivision Development Standards.................................................................. 157 Table 18: Table of Permitted Uses ........................................................................................................... 194 Table 19: Minimum Development Standards for Birkhead Wilderness Small Area Plan ......................... 258 Table 20: Dimensional Requirements ....................................................................................................... 261 Table 21: Parking and Loading Requirements ......................................................................................... 266 Table 22: Specifications for Agricultural Product Signs ............................................................................ 270 Table 23: Specifications for Church or Public Building Signs ................................................................... 270 Table 24: Specifications for Commercial Business Park Identification Signs ........................................... 270 Table 25: Specifications for Directional Gateway Signs ........................................................................... 271 Table 26: Specifications for Electronic Changeable Face Signs .............................................................. 271 Table 27: Specifications for Church of Public Building Signs ................................................................... 271 Table 28: Specifications for Ground Signs ................................................................................................ 271 Table 29: Specifications for Home Occupation or Office Signs ................................................................ 271 Table 30: Specifications for Off-premise Church Signs ............................................................................ 271 Table 31: Specifications for Outdoor Advertising Signs ............................................................................ 272 Table 32: Specifications for Principal Use Identification Signs ................................................................. 272 Table 33: Specifications for Projecting or Suspended Signs .................................................................... 272 Table 34: Specifications for Projecting or Suspended Signs .................................................................... 272 Table 35: Specifications for Projecting or Suspended Signs .................................................................... 272 Table 36: Specifications for Temporary Promotion or Informational Signs .............................................. 273 Table 37: Specifications for Temporary Real Estate Signs ...................................................................... 273 Table 38: Specifications for Wall Signs ..................................................................................................... 273 Table 39: Specifications for Warning Signs .............................................................................................. 273 Table 40: Signs Permitted by District ........................................................................................................ 276 Table 41: Watershed Area Table .............................................................................................................. 343 Table 42: Randolph County Watershed Classifications ............................................................................ 344 Table 43: Allowed and Non-Allowed Uses ................................................................................................ 345 Table 44: Density and Built-Upon Limits ................................................................................................... 346 Table 45: Randleman Lake Riparian Buffer Table of Uses ...................................................................... 390 Table 46: Date of Adoption of Initial Flood Damage Prevention Ordinance ............................................. 427 DR A F T Page 509 of 517 AMENDMENTS Randolph County Unified Development Ordinance Page ii AMENDMENTS DATE OF AMENDMENT DETAILS OF AMENDMENTS August 15, 2022 Amended Article 600, Section 614, to include the Conservation Subdivision Overlay zoning district. April 1, 2024 Changed the term mobile, as in a mobile home, to manufactured throughout the entire UDO. Removed any references regarding misdemeanors as they are no longer allowed to be used for enforcement of violations of the UDO. All references are changed to refer the reader to Article 400, Section 405. Removed all references to one and two-family dwellings and updated names of various Building Code Councils due to changes in the General Statutes made by the General Assembly. Amended the term comprehensive plan to reflect the comprehensive or land-use plan as used in the General Statutes. Amended Article 100, Section 102, to change or amend the definitions of blockchain, cessation of operations, cryptocurrency, cryptocurrency facility, data center facility, data processing facility, expansion/expanded, municipality, off-premise sign, parking area/lot, persons with disabilities, photovoltaic module, rebuild/rebuilt, recycle, storage container, towing service and utility-scale solar project. The order of definitions was updated to ensure alphabetical order. Amended Article 100, Section 103, to change or amend the definitions of buffer, built-upon area, common plan of development, existing development, existing log (a lot of record), lot, non-conforming existing lot; perennial waterbody, and subdivision. The order of definitions was updated to ensure alphabetical order. Amended Article 100, Section 104, to change, amend, or delete the definitions of the area of future-conditions flood hazard, area of shallow flooding, Digital Flood Insurance Rate Map (DFIRM), existing building and existing structure, Flood Insurance Study (FIS), Map Repository, NAVD 1988 and reference level. The order of definitions was updated to ensure alphabetical order. DR A F T Page 510 of 517 AMENDMENTS Randolph County Unified Development Ordinance Page iii DATE OF AMENDMENT DETAILS OF AMENDMENTS Amended Article 100, Section 107, to reflect that zoning maps are maintained in a digital format. Amended Article 300, Section 306, added that during declared emergencies, compliance with NCGS § 166A-19.20 and Article 33 C of Chapter 134 of the North Carolina General Statutes, establishes a presumption that a remote meeting is open to the public. Also added wording regarding rules to be followed in the case of a remote meeting and how notifications must be distributed. Amended Article 400, Section 405, to allow the placing of liens on property where payment of penalties or “equitable settlement” is not completed within thirty days. Amended Article 400, Section 406, to state that appeals of administrative decisions on subdivision plats shall be made according to NCGS § 160D-1403. Added clarification that an appeal of a Notice of Violation can be appealed to the Zoning Board of Adjustment and outlines the procedures to be followed. Amended Article 400, Section 407, to state that the Planning Board or Board of County Commissioners has the authority to settle litigation as part of a judicial review process. Amended Article 400, Section 411, to specify that no rezoning approvals will be sent until after the fifteen-day appeal period has ended if no appeal is filed with the Board of County Commissioners. Also added wording that if a rezoning request is denied, the request cannot be heard again for one year unless the Planning Board “unanimously finds” the conditions have changed or new information has been submitted. A statement was also added that does not impact the duration of vested rights. Amended Article 600, Section 603, to state that the County cannot impose a harmony requirement if the development contains affordable housing for families or individuals with incomes below eighty percent of the area median income. Amended Article 600, Section 606, to clarify how to handle conflicts between NCGS § 160A-174 (b) and NCGS § 160D. Added new guidelines that accessory buildings for the storage DR A F T Page 511 of 517 AMENDMENTS Randolph County Unified Development Ordinance Page iv DATE OF AMENDMENT DETAILS OF AMENDMENTS of certain crops and byproducts are a bona fide farm use. The section also adds that turkey brooder litter that is dried and sent for reuse is also a bona fide farm purpose. Amended Article 600, Section 612, to state that the plantings in buffer areas should be mixed plantings to prevent pests and diseases. Amended Article 600, Section 613, to clarify that minimum lot sizes are calculated by excluding any area in rights-of-way and land that is subject to flooding or land that may make flooding worse. Amended Article 600, Section 618, to delete Compartmentalized storage for individual storage of residential and commercial goods, added Cryptocurrency, and clarified the types of manufactured homes that are allowed on individual lots based on the type of manufactured home and the location of the property (ex. In a subdivision vs. outside a subdivision.) Also corrected the order of uses and districts to be alphabetical. Amended Article 600, Section 621, to allow County staff to require additional information that may not be specifically listed under the specific uses. Added data processing facility to the specific uses. Modified the lot size requirements in mobile home parks to meet the state-required minimum lot sizes in watersheds and critical areas. Added a statement under Schools, Academic, and Business/Trade that the public utility providers for a proposed school location which the Board of Education has submitted questions, to see if the provider can serve the proposed school. If the provider has the capacity, they must reserve the capacity for the proposed school. Amended the entire “Solar Energy Facility” guidelines to include the new guidelines adopted by the General Assembly. Amended Article 600, Section 626, to no longer allow the County to require a masonry curtain wall or masonry skirting for manufactured homes on leased property. Amended Article 600, Section 629, to clarify the setback table for the Birkhead Wilderness/Uwharrie Forest Small Area Plan. DR A F T Page 512 of 517 AMENDMENTS Randolph County Unified Development Ordinance Page v DATE OF AMENDMENT DETAILS OF AMENDMENTS Amended Article 600, Section 635, to clarify how to calculate the area of a sign when sign faces are back-to-back. Added a new requirement that signs be placed where the public has clear sight distance and tell how the “sight triangle” is to be calculated. Amended Article 700, Section 701, to comply with the new language adopted by the General Assembly. Amended Article 700, Section 704, to add that private driveway standards cannot be more stringent than the minimum design standards adopted by the NCDOT. Amended Article 700, Sections 719, 720, and 721, to remove the requirement that plats should be drawn to a scale of not less than two hundred feet to the inch. Amended Article 800 to reflect the new State model watershed protection ordinance. Amended Article 1000, Section 102, to state that “A failure to object to a hearing by a person with standing . . . shall not constitute a waiver of a right to assert impermissible conflict involving a member of the decision-making Board.” The section was also amended to state that if a Special Use Permit is issued by the Planning Board due to a Court order, any appeal of the Court order is moot. Amended Article 1000, Section 103, to add wording that allows for appeals based on how the decision of the plat is made, whether it is made by the Planning Board or County Planning staff. Amended Article 1000, Section 105, to state that any challenges to regulations adopted under the Unified Development Ordinance must be brought within one year. February 3, 2025 Amended Article 100, Section 102, to add or amend the definitions of large outdoor sales, large outdoor storage, pet grooming, small box discount stores, taxi stand – park and ride lot, towing service, and transitional housing. Amended Article 600, Section 608, to include GC: General Commercial District, LC: Limited Commercial District, and CC: Community Commercial District DR A F T Page 513 of 517 AMENDMENTS Randolph County Unified Development Ordinance Page vi DATE OF AMENDMENT DETAILS OF AMENDMENTS Amended Article 600, Section 613, to include wording that the HC: Highway Commercial District shall not be used after the adoption of GC: General Commercial District, LC: Limited Commercial District, and CC: Community Commercial District for future rezonings. Also amended this section to include specific information for the GC: General Commercial District, LC: Limited Commercial District, and CC: Community Commercial District, and to include the minimum lot size requirements within the Secondary Growth Area. Amended Article 600, Section 618, to include the uses allowed by right and by Special Use Permits in the GC: General Commercial District, LC: Limited Commercial District, and CC: Community Commercial District. Also added large outdoor sales, large outdoor storage, pet grooming, taxi stand – park and ride lot, small box discount store, towing service, and transitional housing to the Table of Permitted Uses. Added Small Box Discount Store to Article 600, Section 621. Added Article 600, Section 628, to include allowing multiple homes on one parcel. The remainder of the article was renumbered. Amended Article 600, Section 631, to include the GC: General Commercial District, LC: Limited Commercial District, and CC: Community Commercial Districts in the Dimensional Requirements and Table of Area and Yard Requirements. Amended the entirety of Article 800 to be compliant with the new State Model Watershed Protection Ordinance. March 10, 2025 Amended Article 800 Section 801, item B to clarify that the Watershed Protection Ordinance only applies to the County's regulation jurisdiction. Amended Article 800 Section 802, item B, to clarify that the applicant must supply the Watershed Administrator proof that an approved watershed plat has been recorded within five days of recordation. Amended Article 800 Section 803, Table 24 to remove the allowable impervious surface percentages so the information is in the Ordinance in one location. DR A F T Page 514 of 517 AMENDMENTS Randolph County Unified Development Ordinance Page vii DATE OF AMENDMENT DETAILS OF AMENDMENTS Amended Article 800 Section 805, Table 26 to match the low- density and high-density impervious surfaces percentages to match the State Model Ordinance. Removed Article 800 Sections 827-833 as they were duplicate information. May 5, 2025 Added advanced air mobility radar, battery-charged security fence, modified co-location, added model home, monetary compensation, on-premises advertising sign, permit applicant, permittee, and reconstruction to Section 102. Modified the definition of built-upon area in Section 103. Amended public water and sewer to reflect public utilities, so the Ordinance would be consistent. Added Section 402, item D, to include new rules related to the review of affixed seals of design. Amended Section 403, item E, to state that administrative staff cannot require unrestricted access to property as part of a condition of development approvals. Added a footnote to item D in Section 408 to reflect HB161 that has been filed in the General Assembly to exempt Randolph County from this provision in the General Statutes. Added Section 416 to specify the delivery of permits issued by County agencies. Amended Section 607 to include that boarding horses on property counts as an agricultural use of property. Amended Section 613 Tables 3 to 15 to reflect that the three- acre minimum lot size requirement in the Rural Growth Area is for major subdivisions. Added item C to Section 635 to include new regulations on on-premises advertising signs. Added Section 639 to add rules related to battery-charged security fences. Added Section 640 to add rules related to drone traffic control. DR A F T Page 515 of 517 AMENDMENTS Randolph County Unified Development Ordinance Page viii DATE OF AMENDMENT DETAILS OF AMENDMENTS Amended Section 704 to reflect changes made by the General Assembly on inspections, performance guarantees, and curb and gutter design standards. Amended Section 719 to remove the requirements for line and curve chart data, along with lot size and road frontage for each lot being exported to a CSV file. Amended Section 724 to remove item B since the State rules have changed, requiring the statement to be included on the deed for the property involving off-site septic systems. Add Section 725 to add regulations for model homes within subdivision developments. Added banner, commercial business park identification sign, emblem, insignia, pennant, subdivision identification sign, trade name and trademark to Section 102. Updated the definition of sign. Completely replace Section 635 with new sign regulations. DR A F T Page 516 of 517 It is the mission of the Randolph County Planning and Zoning Department to develop and administer a comprehensive and strategic planning program designed to maintain quality and sustainable growth within Randolph County. DR A F T Page 517 of 517