This article is designed to regulate the use of buildings and land within the corporate limits of foxfire village and its one mile extraterritorial jurisdiction. The regulations of this article are intended to protect the public health, safety, and welfare, and the quality of the environment.

(Ord. No. 2021-07, § 2, 7-13-2021)

Through the use of dimensional requirements, which are enumerated for each zoning district, the general health, safety and/or welfare of the populace and quality of the built environment will be protected. High density development within the planning and zoning jurisdiction is not desired nor practical given the lack of public facilities.

Through the use of off-street parking and loading requirements, safe circulation patterns may be attained. This will not only prevent congestion and enhance the safety of individuals moving about in vehicles, but pedestrians would also benefit since a large percent of the streets lack sidewalks.

Through the use of sign, fence, landscape and other regulations, good visual aesthetics and a general improvement in community appearance may be attained.

Adverse environmental effects, such as excessive noise and air pollution are mitigated through the use of buffers and the utilization of performance standards for businesses.

Zoning districts are based upon the plan shown on the district zoning map for Foxfire Village and the village's one mile extraterritorial jurisdiction area. The plan encourages land use compatibility.

Minimal adverse environmental effects are envisioned by implementing this zoning article. Obvious results will be the reduction and removal of some natural vegetation and the occupation of open space and productive farmlands. Increased development will also cause the normal disruptive results of construction, such as increased rainwater runoff and potential sedimentation and erosion. It is unlikely that the above adverse environmental effects can be completely avoided.

Uncontrolled growth and development in the planning area could result in permanent environmental damage and inefficient use of land. While zoning regulation cannot solve all environmental, economic, social and physical ills of the community, it represents the most efficient and feasible method of achieving an environment that is conducive to enhancing the community's general health, safety, and/or welfare. The regulations in this article are environmentally acceptable because:

(1)

They maximize environmental protection,

(2)

They encourage compatible land use,

(3)

They restrict business sites to areas where public services are available or can be provided economically, and

(4)

They encourage the protection of natural areas from urban encroachment. This zoning article provides feasible regulations and controls on land that will encourage efficient land use and protection of natural features. The conversion of agricultural lands and open space areas to more dense residential or commercial uses is irreversible and changes the character of the village and its extraterritorial jurisdiction. Such development is discouraged.

(Ord. No. 2021-07, § 2, 7-13-2021)

This UDO functions in congruence with governmental controls regarding water supply, sewage disposal, and other provision enacted to protect air and water quality. Presently these laws include the current versions of the following:

(1)

Federal.

a.

National Environment Policy Act of 1969.

b.

Land and Water Conservation Fund Act of 1964.

c.

National Flood Insurance Act of 1968.

d.

Environmental Quality Act of 1970.

e.

Executive Order 11514, March 1970; Protection of Environmental Quality.

f.

Executive Order 11593, May 1971; Protection and Enhancement of Cultural Environment.

g.

Rural Development Act of 1972.

(2)

State.

a.

Water Use of 1962.

b.

Outdoor Advertising Control Act of 1967.

c.

Planning and Regulation of Development, Chapter 160A, Article 19, Junkyard Control Act of 1967.

d.

Soil Conservation District Law of 1937.

e.

Sedimentation Pollution Control Act of 1973.

f.

North Carolina Environmental Policy Act of 1971.

g.

"Rules and Regulation Governing the Control of Air Pollution Applicable to the Surface Waters of North Carolina," October 13, 1970.

h.

"Rules and Regulations, Classifications, and Water Quality Standards Applicable to the Surface Waters of North Carolina," October 13, 1970.

i.

Water Supply Watershed Protection Act. N.C. G.S. 143-214.5.

(Ord. No. 2021-07, § 2, 7-13-2021)

For the purposes of this UDO, Foxfire Village is hereby divided into zoning districts whose locations and boundaries are shown on the zoning map for Foxfire Village that is hereby adopted by reference and declared to be part of this chapter.

The current version of the zoning map and all the notations, references, and all amendments thereto, and other information shown thereon are hereby made a part of this chapter the same as if such information set forth on the map were all fully described and set forth herein. The zoning map properly attested is on file in the Foxfire Village Administrative Office and is available for inspection by the public.

The zoning administrator shall be responsible for the maintenance and revision of the zoning map. Upon notification by the Foxfire Village Council that a zoning change has been made, the zoning administrator shall make the necessary changes on the zoning map within seven calendar days of notification.

(Ord. No. 2021-07, § 2, 7-13-2021)

In order that the purpose of this chapter may be accomplished, the planning and zoning jurisdiction of Foxfire Village, as set forth on the zoning map, is hereby divided into districts as follows:

;adv=6;The permitted uses for each zoning district are set forth in appendix A. The building height, setback, and lot dimension requirements for each district are set forth in section 21-6-8, Table 21-6.1. The intent and purpose for each district are set forth below. Site and architectural design standards and preferences, are set forth in section 21-6-9:

(1)

RS-20. The RS-20 single-family residential district is established to accommodate low-density residential development on smaller lots and to maintain the original planned rural residential character of Foxfire Village. Development that occurs within this district after October 1, 1993 shall meet the requirements of the water supply watershed overlay district.

(2)

RS-30. The RS-30 single-family residential district is established to accommodate low-density residential development and to maintain the original rural residential character of Foxfire Village. Development that occurs after October 1, 1993 shall meet the requirements of the water supply watershed overlay district.

(3)

RS-40 WS. The RS-40 WS single-family residential district is established to accommodate low-density residential development and to maintain the original rural residential character of Foxfire Village; and which development shall meet the requirements of the water supply watershed overlay district.

(4)

RM.The residential multi-unit dwelling district is established to accommodate multi-family and medium density residential dwellings and shall meet the requirements of the water supply watershed overlay district.

(5)

[Reserved.]

(6)

RA-5. The residential and agricultural five-acre district is established to accommodate very low density residential, light agricultural, horticultural, and forestry uses of the land with a five-acre minimum. Other low impact uses such as churches, cemeteries, health facilities, and solar generation facilities may be permitted, see appendix A.

(7)

RE.The rural estate district is established to accommodate very low-density rural residential development on large lots. The district allows for a limited number of animals and specific agricultural activities while maintaining the rural residential character of Foxfire Village. This district shall be exempt from the paving requirements of article VIII, section 21-8-10 in that paving of streets and roads is not required. It shall be the individual lot owner's responsibility to install and pay for paving of streets. Any street installed shall meet the requirements of Foxfire Village. It shall be the individual lot owner's responsibility to install and pay for installation of all utilities. Electrical distribution, cable television cables, and telephone lines shall be installed underground. Foxfire Village water will be available to the property owners and the developer at any existing water main. The cost of tap on and the installation of an approved water line from existing line to the property(s) being served and, possible impact fees, is the responsibility of the property owner or the developer. Adequate easements shall be granted to the village to permit installation of the necessary lines.

(8)

RD.The recreational district is established to accommodate privately and publicly owned recreational facilities, both man-made and natural. the district is designed and intended to encourage the preservation of and continued use of land for recreation purposes, and other uses typically found in a resort-community featuring golf courses, tennis courts and equestrian facilities. It is also the intent of this district to prohibit residential, commercial (other than resort or country club type of facilities) and industrial uses of land and to prohibit other uses that would substantially interfere with the purposes of the district described above. It is further the intent of this district to maintain and enhance the character of Foxfire Village in particular as a rural residential community.

(9)

RF-200. The Single-family farmette district is established to accommodate the keeping of horses in a very low density population area.

(10)

EU.The equestrian unit district is established to accommodate very low density single-family residential development and the stabling of horses and related equestrian activities. This district shall be exempt from the paving requirements of article VIII, section 21-8-10 in that paving of streets and roads is not required. It shall be the individual lot owner's responsibility to install and pay for paving of streets. Any street installed shall meet the requirements of Foxfire Village. It shall be the individual lot owner's responsibility to install and pay for installation of all utilities. Electrical distribution, cable television cables, and telephone lines shall be installed underground. Foxfire Village water will be available to the property owners and the developer at any existing water main. The cost of tap on and the installation of an approved water line from existing line to the property(s) being served and, possible impact fees, is the responsibility of the property owner or the developer. Adequate easements shall be granted to the village to permit installation of the necessary lines.

(11)

VB.The village business district is established to accommodate business, governmental, and community service development. Specific permitted uses are listed in appendix A.

(12)

WSO.The water supply watershed overlay district is established within the areas designated as a public water supply watershed by the North Carolina Environmental Management Commission and shall be defined and established by the official zoning map of Foxfire Village. See section 21-6-13 for the regulations governing this district.

(13)

PUD.The planned unit development district is established to accommodate well planned residential, commercial, or mixed use development within the community that is developed per an agreement under standards that allow design flexibility while still protecting and promoting the health, safety, and welfare of the village and its extraterritorial jurisdiction. This district is a floating conditional zoning district authorized under G.S. 160D-703.

(14)

MUN. The Municipal district is established as a zoning district for Village owned property in which the principal land uses support government, public recreation, police, fire, utilities and public safety. Submission procedure.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-07, §§ 2, 4, 2-13-2024)

(a)

Purpose. This section authorizes the creation of conditional zoning (CZ) districts proposed by the property owners and customized to the context of a particular development project or land use on a particular site where no mixed use development is proposed. Each CZ district includes one or more conditions of approval that help the project conform to Foxfire Village's Unified Development Ordinance (UDO) and land use plans, and mitigate the impacts reasonably expected to be generated by the development or use of the site.

(b)

Procedure. Each district may only be considered by the Foxfire Village Council after review by the zoning administrator through a legislative decision-making process, following the procedures for zoning map amendments outlined in the UDO.

(c)

Initiating a conditional rezoning. A CZ proposal may only be considered by the Foxfire Village Council in response to the following:

(1)

A petition signed by all owners of the property proposed for rezoning; or

(2)

A motion, during a properly noticed public hearing on a conventional rezoning petition, to convert that petition into a conditional rezoning petition. This procedure may only be used if:

a.

The alteration of the initial proposal, including the proposed conditions, is insubstantial, or

b.

The initial notice is broad enough to indicate the possibility of conditional zoning being considered and the changes result from objections, debate and discussion at the properly noticed initial hearing.

(d)

Base standards for conditional districts. For each general use zoning district, this section authorizes the creation of parallel CZ districts that have the same requirements as the general use district, as modified by one or more site-specific conditions.

(e)

Conditions and requirements. The approval for each CZ shall specify all conditions of development and use of land that differ from the requirements of the corresponding general use district. Specific conditions may be proposed by the petitioner, by the zoning administrator, the planning and zoning board or by the Foxfire Village Council, but only those conditions approved by the Foxfire Village Council and consented to by the petitioner in writing may be incorporated into the zoning regulations. Such conditions must be designed to help the project conform to Foxfire Village UDO and land use plans, and/or mitigate the impacts reasonably expected to be generated by the development or use of the site. Such conditions may be stricter than the corresponding general use district. Such conditions may also relax applicable standards, as long as no dimensional standard (as defined in UDO article VI Table 21-6.1) is relaxed by more than ten percent, the uses permitted by the corresponding general use district are not expanded, and the density of overall development is not increased beyond the density allowed in the corresponding general use district.

(f)

Eligible uses. Uses allowed by right in the general use district are eligible to be considered in the corresponding conditional district, as modified by any conditions of approval.

(g)

Development standards. Any proposed development within a CZ must meet all requirements of the corresponding general use district, as modified by any conditions of approval.

(h)

Submittal of sketch or site plan. The CZ option is intended only for development proposals that are ready to proceed from plan approval to construction in a timely manner. As a result, each project must include a sketch plan and be followed by a site plan or preliminary plat that meets the site plan requirements listed in UDO article XVI section 21-16-1 (Definitions) and applicable requirements of the UDO article VII Subdivision Checklist, as modified by any site-specific conditions.

(i)

Relationship to overlay district standards. Regulations applicable in an overlay zoning district shall apply to a CZ. If the standards governing a CZ expressly conflict with those governing an overlay district, the more restrictive standards shall apply. (Watershed Overlay District applies to all districts in UDO.)

(j)

Revisions to approved conditional zonings. Minor modifications to approved site plans that have no material effect on the character of the approved development and comply with all applicable standards of this section may be approved by the planning and zoning board following review by the zoning administrator. Any other changes to approved site plans must be authorized by the Foxfire Village Council.

(k)

Changes in the following constitute minor modifications that may be approved by the planning and zoning board:

(1)

Modifications in building placement, provided the placement does not decrease the setbacks agreed to during the conditional rezoning process by more than ten percent.

(2)

Increases to building size and height not to exceed ten percent; height increase allowed dependent upon local fire department capabilities.

(3)

Increase to the impervious surfaces not to exceed ten percent as governed by the WSO district.

(4)

Modifications to the proportion of use type not to exceed ten percent.

(5)

Modifications to the driveway locations if required by the North Carolina Department of Transportation.

(l)

Expiration of conditional zoning. If within 18 months from the date of approval of the conditional zoning district, no building permit has been issued for the subject tract; the zoning administrator may ask the planning and zoning board to schedule a hearing to consider progress made. If it is determined that active efforts are not proceeding, the planning and zoning board may send a recommendation to the Foxfire Village Council to simultaneously revoke the conditional zoning district and rezone the district to its classification prior to approval. If an extension is desired, a request must be submitted in writing to the zoning administrator prior to the expiration. Approval or denial of the extension shall be made by the Foxfire Village Council at a regularly scheduled meeting. The total vesting period for extensions may not exceed five years.

(Ord. No. 2023-07, § 1, 5-9-2023)

Where uncertainty exists with respect to the boundaries of zoning districts as shown on the zoning map, the following rules shall apply:

(1)

Unless otherwise specifically indicated, where district boundaries are shown on the zoning map as approximately parallel or following the center lines of streets, highways, utility easements, or stream beds, or such lines extended, then such lines shall be construed to be such district boundaries. In the absence of specified distances on the zoning map, the scale of the zoning map shall determine dimensions.

(2)

Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.

(3)

Where a district boundary line divides a lot in single ownership, the requirements for the district in which the greater portion of the lot lies shall be extended to the balance of the lot, provided that such extension shall not include any part of such lot which lies more than 50 feet beyond the district boundary, and further provided that the remaining parcel shall not be less than the minimum required for the district in which it is located.

(4)

Where any public street is hereafter officially vacated or abandoned, the requirements applicable to parcels of abutting property shall apply to that portion of such street or alley thereto by virtue of such vacation or abandonment.

(5)

The board of adjustment shall interpret the intent of the zoning map as to the location of district boundaries in case any further uncertainty exists.

(Ord. No. 2021-07, § 2, 7-13-2021)

Appendix A lists the principal uses allowed by right within each zoning district as well as uses that may be authorized provided certain conditions are met and subject to approval of a special use permit. All uses are subject to the specific standards and regulations within this UDO.

(Ord. No. 2021-07, § 2, 7-13-2021)

Building height, setback, and lot dimension requirements for each zoning district are as prescribed in Table 21-6.1 below. Building height shall be measured from the average elevation of the finished grade at the front of the building to the highest point of the building. Spires, cupolas, and chimneys shall not be included in building height.

Setback minimums apply to both the main and accessory buildings. Buildings and street facades shall extend parallel to the front lot lines unless on corner lots. Side yards that abut a public or private street shall have a minimum setback of 35 feet. Front and side setbacks abutting streets are measured from front and side lot lines respectively (which lot lines are the edge of the road right-of-way, 30 feet from the center line of the street). Balconies, stoops, stairs, decks, patios, chimneys, bay windows, roof overhangs (if more than 18 inches), and raised doorways and their footings are not permitted to extend into the required setbacks.

Table 21-6.1 Building Height, Setbacks, and Lot Dimensions

Table notes:

⁽¹⁾

The maximum height of buildings shall be 40 feet unless the depth of the front, side, and rear setbacks are increased two feet for each one foot increase in the building height in excess of 40 feet. In no event shall any building exceed 50 feet in height.

⁽²⁾

Setback minimums shall be 75 feet to all property lines. Setbacks which border RM, RS-20, RS-30, RS-40, or VB zoned properties shall be a minimum of 200 feet. Setback minimums apply to both main and accessory buildings.

⁽³⁾

The height, setbacks, lot size and width requirements for a planned unit development (PUD) shall be established by the development agreement (DA) for the PUD per article IX.

⁽⁴⁾

A vegetative buffer is required within all setbacks adjacent to RS-20, RS-30, RS-40, RE, and EU zoned properties. The minimum lot size and width shall be established by the special use permit per article VIII for development of multi-family dwellings (quadraplexes, townhouses, apartments, etc.).

⁽⁵⁾

Side yards that abut a public or private street shall have a minimum setback of 35 feet.

⁽⁶⁾

For single-family residential use the total built upon area shall not exceed 20 percent of the total lot area. Other uses within the district shall meet the requirements of the water supply watershed overlay district, see section 21-6.13.

⁽⁷⁾

For any barn, stable, pen, roost, hutch, or similar structure to accommodate animals the required setback from residential properties is 150 feet.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2023-01, § 1, 4-11-2023; Ord. No. 2024-07, §§ 2, 4, 2-13-2024; Ord. No. 2024-18, § 2, 12-10-2024)

The following regulations apply to all development in all zoning districts unless specifically exempted or covered by other regulations within this udo.

(Ord. No. 2021-07, § 2, 7-13-2021)

The required yards or other open spaces required by this article for each and every building hereafter erected, moved, or structurally altered shall not be encroached upon or considered as meeting the yard or open space requirements of any other buildings.

(Ord. No. 2021-07, § 2, 7-13-2021)

Every building hereafter erected, moved, or structurally altered shall be located on a lot, and in no case shall there be more than one principal building and its customary accessory building(s) on the lot as prescribed in article VIII, section 21-8-1.

(Ord. No. 2021-07, § 2, 7-13-2021)

No yard or lot existing at the time of passage of this UDO shall be reduced in size or area below the minimum requirements set forth herein except as allowed in section 21-6-11.1. Yards or lots created after the effective date of this UDO shall be at least the minimum requirements established by this chapter.

(Ord. No. 2021-07, § 2, 7-13-2021)

The zoning administrator shall determine the location of required front, side, and rear yards on irregularly shaped lots. The determination will be based on the spirit and intent of this UDO to achieve an appropriate spacing and location of buildings and structures on individual lots.

(Ord. No. 2021-07, § 2, 7-13-2021)

All building construction shall conform to Foxfire Village General Code section 21-6-1 and to the latest edition of the North Carolina Building Code and other applicable codes and standards, therein adopted.

(Ord. No. 2021-07, § 2, 7-13-2021)

Certificates of zoning and watershed compliance shall expire automatically if, within one year after the issuance of such permit:

(1)

The use authorized by such certificate has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or

(2)

Less than ten percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such certificate has been completed on the site.

If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of two years then the certificate authorizing such work shall immediately expire.

The zoning administrator may extend for a period of one year the date when a certificate would otherwise expire if the administrator concludes that (i) the certificate recipient has proceeded with due diligence and in good faith, and (ii) conditions have not changed so substantially as to warrant a new application. Successive one-year extensions may be granted upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new certificate.

Within two years after construction of any building commences, such building must be completed and a certificate of occupancy obtained pursuant to article X, section 21-10-5 of this UDO. The zoning administrator shall notify in writing the owner of any property where a partially completed building exists in violation of this requirement that, within six months from the date of such notice, such building must either be completed (and a certificate of occupancy obtained) or removed from the site. A failure to comply with such a notice shall constitute a violation of this section and shall subject the owner of the property to the penalties and remedies set forth in article III of this UDO.

(Ord. No. 2021-07, § 2, 7-13-2021)

Work hours for construction activities are limited as follows:

7:00 a.m. to 6:00 p.m. except that no construction activities are permitted on Sundays, New Year's Day, the 4th of July, Thanksgiving Day, and Christmas Day.

In all cases construction shall comply with chapter 7, article II, Noise, of the Foxfire Village General Code.

(Ord. No. 2021-07, § 2, 7-13-2021)

The following site design standards apply to development within each zoning district within the village and its extraterritorial planning and zoning jurisdiction:

(1)

Street setbacks shall approximately align with neighboring properties;

(2)

Primary structures shall be oriented toward the street;

(3)

HVAC equipment and generators shall be located to minimize appearance and noise impacts, particularly on neighboring properties;

(4)

Sites shall be graded to maintain original water runoff and flow patterns and to drain away from all elevations on structures, and not collected and directed to adjacent properties; and

(5)

Landscaping shall meet the requirements set forth in article VIII of this UDO.

(Ord. No. 2021-07, § 2, 7-13-2021)

Building design standards or elements for one and two-family dwellings in any zoning district are as set forth in the current version of the North Carolina Residential Code for One- and Two-Family Dwellings except under the limited circumstances contained in G.S. 160D-702(b).

The following building design standards apply to development within each zoning district within the village and its extraterritorial planning and zoning jurisdiction.

(1)

Roof stacks, plumbing vents, attic ventilators, and similar equipment shall be placed so as to minimize visibility from the street;

(2)

Solar panels mounted parallel to the roof shall be located as to not be visible from the street;

(3)

Decks and porches more than three feet above grade shall be screened with lattice and/or shrubbery;

(4)

Satellite receivers shall be located so as not to be visible from the street (preferred location is on the structure);

(5)

Driveway and walkway materials shall consist of asphalt, concrete, brick, or stone (and sand in the RA-5, EU, and RE districts only); and

(6)

HVAC equipment, pool pumps and filters, accessory structure foundations, and propane tanks (tanks of 200 gallons or more capacity must be buried) shall be immediately and completely screened from the street or golf course with evergreen landscaping and/or lattice.

The following additional building design standards apply to development in the RM, VB, and RD zoning districts for structures other than one and two-family dwellings:

(1)

Style of buildings shall be compatible with the terrain, vegetation, site area, natural and finished grades, and other building materials utilized in nearby buildings.

(2)

Roof style, material, color and pitch shall be compatible with the architectural design of the building. Flat roofs are discouraged, although they may be used for connecting elements when compatible with the overall design.

(3)

Foundations shall include brick or stone on the exposed surface. Parged concrete block is not allowed.

(4)

"Synthetic stucco" for exterior walls is not permitted.

(5)

Natural materials are strongly preferred for exterior walls. The exterior colors shall be compatible with the architectural character of the building and the immediate neighborhood. The following materials shall not be used: Concrete block, asphalt shingles, glass block except for decorative purposes, corrugated metal or fiberglass sheeting.

(6)

Chimneys shall be constructed of masonry materials or of the same material and color as the exterior walls of the structure. Chimney shall extend to the ground on its own foundation.

(7)

Roof stacks, flashing, vents, exhaust stacks, and chimney caps shall harmonize with the roof color.

(8)

Cleanouts shall be earth-tone and extend no more than six inches above grade.

(9)

If awnings are used they shall be compatible with the design of the building.

(10)

Driveway and walkway materials shall consist of the following: Asphalt, concrete, stone base with tack coat and stone surface (and sand in the RA-5, EU, and RE districts only). If stone is used it shall be edged with timbers or similar material to contain the pavement edge.

(11)

Lots on heavily traveled roads shall have a driveway turnaround when feasible.

(12)

Entrance to garages shall face the side or rear when feasible.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-07, § 4, 2-13-2024)

Pre-existing lots or structures, or uses of lots or structures, which are prohibited under the regulations for the district in which located shall be considered as nonconforming. Nonconforming lots, structures, or uses may be continued, provided they conform to the following provisions.

(Ord. No. 2021-07, § 2, 7-13-2021)

Any lot of record existing at the time of the adoption of this UDO which has an area or width which is less than required by this chapter shall be subject to the following exceptions and modifications:

(1)

Adjoining and vacant lots of record. If two or more adjoining and vacant lots of record are in a single ownership at any time after the adoption of this chapter and such lots individually have less frontage or area than the minimum requirements of the district in which such lots are located, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used which does not meet width and area requirements established by this chapter.

(2)

Lots not meeting lot size requirements. Except as set forth in subsection 1 above, if a lot recorded prior to the passage of this chapter is substandard in a district where single-family dwellings are permitted, such lot may be used as a location for said dwelling units with related accessory buildings, if permitted. In such cases, the zoning administrator is authorized to issue a certificate of zoning compliance with reduced width or area requirements; but in no case shall the lot size or setback requirements be reduced by more than 25 percent.

(Ord. No. 2021-07, § 2, 7-13-2021)

Nonconforming portions of structures and nonconforming uses of structures or land shall not be enlarged, extended, or intensified.

(Ord. No. 2021-07, § 2, 7-13-2021)

Any nonconforming use may not be changed except to a conforming use listed in the permitted uses for that district.

(Ord. No. 2021-07, § 2, 7-13-2021)

If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by any means by 50 percent or more of its current assessed value, such structure may not be restored or reconstructed as a nonconforming use; except that pre-existing single-family and two-family residential dwellings may be reconstructed without conforming when the nonconformity existing is a failure to meet existing setback requirements.

(Ord. No. 2021-07, § 2, 7-13-2021)

Normal maintenance, internal structural alterations, and repair of a nonconforming structure or a structure occupied by a nonconforming use is permitted, provided it does not increase the bulk of the structure nor expand, enlarge, increase, or extend the nonconforming use to occupy a greater area of land (or floor area) than was occupied by the nonconforming use.

(Ord. No. 2021-07, § 2, 7-13-2021)

If a nonconforming use shall cease operations or be discontinued for a continuous period of 180 days or more, such nonconforming use may not be resumed as a nonconforming use. If a nonconforming use is abandoned (i.e., voluntarily discontinued) it immediately loses protection and may not be resumed.

(Ord. No. 2021-07, § 2, 7-13-2021)

No use within any zoning district shall be operated so as to create inherent or recurring ground vibrations detectable at the property line. No use within any zoning district shall be operated so as to violate the provisions of chapter 7 of the Foxfire Village General Code concerning noise. Use of land within any zoning district shall be operated in a way that regularly recurring odors are not disturbing and do not cause injury, detriment, or nuisance to any person of ordinary sensibilities on another property.

(Ord. No. 2021-07, § 2, 7-13-2021)

The provisions of this section shall apply within the areas designated as a public water supply watershed by the North Carolina Environmental Management Commission and shall be defined and established on the official zoning map of Foxfire Village, and shall be further defined on the map as the "Water Supply Watershed Overlay District. (WSO)." The entire jurisdiction of Foxfire Village and its extraterritorial planning and zoning jurisdiction (ETJ) lie within the Drowning Creek Watershed, classified WS-II by the environmental management commission. No critical areas are located within the boundaries of Foxfire Village or its ETJ; therefore all of Foxfire Village and its ETJ are classified WS-II BW—Balance of Watershed.

(Ord. No. 2021-07, § 2, 7-13-2021)

(a)

A preexisting lot owned by an individual prior to September 14, 1993, regardless of whether or not a vested right has been established, may be developed for single-family residential purposes without being subject to the restrictions of this section. However, this exemption is not applicable to multiple contiguous lots under single ownership unless a vested right has been established.

All lots in Foxfire Village which have been platted and recorded, under Phases II, III, and IV of the development plan for Foxfire Village, prior to September 14, 1993 are deemed to be existing development, have a vested right, and are exempt from the requirements of this section.

(b)

Existing development as defined in this section is not subject to the requirements provided herein. Expansions to structures classified as existing development must meet the requirements of this section, however, the built-upon area of the existing development is not required to be included in the density calculations.

(c)

Vacant lots. This category consists of vacant lots for which plats or deeds have been recorded in the office of the Register of Deeds of Moore County. Lots may be used for any of the uses allowed in the Watershed area in which it is located, provided the following:

(1)

Where the lot area is below the minimum specified in this chapter the zoning administrator is authorized to issue a watershed protection permit.

(2)

Notwithstanding the foregoing whenever two or more contiguous residential vacant lots of record are in a single ownership at any time after adoption of this chapter and such lots individually have less area than the minimum requirements for residential purposes for the watershed in which such lots are located, unless a vested right has been established, such lots shall be combined to create one or more lots that meet the standards of this section, or if this is impossible, reduce to the extent possible the nonconformity of the lots.

(3)

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 development restrictions of this section if it is developed for single-family residential purposes.

(d)

Occupied lots. This category consists of lots, occupied for residential purposes before September 14, 1993. These lots may continue to be used provided that whenever two or more adjoining lots of record, one of which is occupied, are in single ownership at any time after September 14, 1993, and such lots individually or together have less area than the minimum requirements for residential purposes for the watershed area in which they are located, unless a vested right has been established, such lots shall be combined to create lots which meet the minimum size requirements or which minimize the degree of nonconformity.

(e)

Uses of land. This category consists of uses existing at the time of adoption of this chapter where such use of the land is not permitted to be established hereafter in the watershed area in which it is located. Such uses may be continued except as follows:

(1)

When such use of land has been changed to an allowed use, it shall not thereafter revert to any prohibited use.

(2)

Such use of land shall be changed only to an allowed use.

(3)

When such use ceases for a period of at least one year, it shall not be reestablished.

(f)

Reconstruction of buildings or built-upon areas. Any existing building or built-upon area not in conformance with the restrictions of this section 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 12 months and completed within two years of such damage.

(2)

The total amount of space devoted to built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided.

(Ord. No. 2021-07, § 2, 7-13-2021)

In order to maintain a predominantly undeveloped land use intensity, single-family residential uses shall be allowed at a maximum of one dwelling unit per acre. All other residential and non-residential development shall be allowed a maximum of 12 percent built-upon area. In addition, new development may occupy ten percent of the balance of the watershed that is outside the critical area, with a 70 percent built-upon area when approved as a special intensity allocation (SIA). The zoning administrator is authorized to approve SIAs consistent with the provisions of this section. Projects must, to the maximum extent practicable, minimize built-upon surface area, direct stormwater away from surface waters and incorporate best management practices to minimize water quality impacts. Non-discharging landfills and residuals application sites are allowed.

(1)

Permitted uses.

a.

Agriculture, subject to the provisions of the federal Food Security Act of 1985 and the federal Food Agricultural, Conservation and Trade Act of 1990 as amended.

b.

Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.6101.0209).

c.

Residential development.

d.

Non-residential development excluding discharging landfills.

(2)

Density and built-upon limits.

a.

Single-family residential. Development shall not exceed one dwelling unit per acre on a project by project basis. No residential lot shall be less than 40,000 square feet except within an approved cluster development.

b.

All other residential and non-residential. Development shall not exceed twelve percent (12%) built-upon area on a project by project basis except that up to ten percent (10%) of the balance of the watershed may be developed for at up to seventy percent (70%) built-upon area on a project by project basis. For the purpose of calculating built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.

(3)

Cluster development. Clustering of development is allowed under the following conditions:

a.

Minimum lot sizes are not applicable 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 in section 21-6.13.3. Density or built-upon area for the project shall not exceed that allowed for the critical area or balance of watershed, whichever applies.

b.

All built-upon areas shall be designed and located to minimize stormwater run-off impact to the receiving waters and minimize concentrated stormwater flow.

c.

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; to a local government for preservation as a park or open space; or to a conservation organization for preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds.

(4)

Buffer areas required.

a.

A minimum of 100 feet [of] vegetative buffer is required for all new development activities that exceed the low-density option; otherwise, a minimum 30-foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Desirable artificial stream bank or shoreline stabilization is permitted.

b.

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 a diminutive increase in impervious area and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct run-off away from the surface waters and maximize the utilization of stormwater best management practices.

(5)

Public health regulations.

a.

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. Such conditions may arise from inadequate on-site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the absence or improper implementation of a spill containment plan for toxic and hazardous materials; the improper management of stormwater run-off; or any other situation found to pose a threat to water quality.

b.

Abatement. The zoning administrator shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality.

c.

The zoning administrator shall report all findings to the Foxfire Village Council. The zoning administrator may consult with any public agency or official and request recommendations.

d.

Where the Foxfire Village Council finds a threat to water quality and the public health and welfare, the council shall institute any appropriate action or proceeding to restrain, correct or abate the condition and/or violation.

(Ord. No. 2021-07, § 2, 7-13-2021)