The county and its planning jurisdiction are divided into zoning districts as enumerated in this section. The use regulations and intensity regulation applicable for such zoning districts are designated in division 2 of this article.

   (1)   Agricultural-residential district (AR). The agricultural-residential district is intended to encourage the continuance of agricultural uses as well as to ensure that residential development of appropriate intensities that are consonant with the suitability of land, availability of public services, accessibility to major activity centers, and transportation systems, and that are compatible with surrounding development, will occur at appropriate density to provide a healthful environment.

   (2)   Resort-residential district (RR). The resort residential district is intended to provide for specific residential needs as well as to ensure that specific residential development of appropriate intensities consonant with the suitability of land and transportation systems, and that are compatible with surrounding development, will occur at sufficient density to provide a healthful environment.

   (3)   Residential-mobile home park district (R-MHP). The residential-mobile home park district is intended to provide for affordable residential development that addresses residential needs as well as to ensure that specific residential development of appropriate intensities consonant with the suitability of land and transportation systems, and that are compatible with surrounding development, will occur at sufficient density to provide a healthful environment.

   (4)   Office/institutional district (OI). The office and institutional district is intended to provide for office, institutional, educational, research, public service uses and their necessary support functions, while minimizing conflicts with adjoining land uses.

   (5)   Neighborhood business district (NB). The neighborhood business district is intended to provide for the development of commercial and service centers that serve the daily commercial needs, are accessible by residents from the immediate neighborhood, and are of such a nature so as to minimize conflicts with surrounding residential areas.

   (6)   Community business district (CB). The community business district is intended to provide for the development of commercial and service centers that serve communities' commercial needs, are accessible by residents from the community and surrounding neighborhoods, and are of such a nature so as to minimize conflicts with surrounding residential areas.

   (7)   General business district (GB). The general business district is intended to provide for the development of commercial and service centers that serve community, countywide, or regional commercial needs, are accessible by residents from surrounding neighborhoods, and are of such a nature so as to minimize conflicts with surrounding residential areas.

   (8)   Industrial-1 district (I-1). The industrial-1 district is intended to provide public and private uses of a wholesale, distribution, warehousing, fabrication, and processing of a light industrial production nature.

   (9)   Industrial-2 district (I-2). The industrial-2 district is intended to provide public and private uses of a wholesale, distribution, warehousing, fabrication, and processing of a heavy industrial production nature.

   (10)   Overlaying districts. It is the intent of this chapter to provide for an airport height hazard district (AHH), an environmentally sensitive area district (ES), an interstate highway interchange district (IHI), a water supply watershed protection district (WSW), municipal transition district (MTD), and other districts which shall overlay the zoning districts enumerated in subsections (1) through (9) of this section, and which shall provide for special review of development with such overlay districts in accordance with the intents, procedures, and standards established for the zoning district.

   (11)   Conditional zoning districts (CZ). For the zoning districts described in this section, parallel conditional zoning districts are authorized for establishment, pursuant to G.S. 160D-703. To be created, a conditional zoning district must be proposed by all of the property owners of the applicable land and customized to the context of a particular development project or land use on a particular site. Each conditional zoning district includes one or more conditions of approval that help the project conform to the county’s adopted ordinances and plans, and mitigate the impacts reasonably expected to be generated by the development or use of the site.

(Amend. of 12-06-2010; Amend. of - - )

   The boundaries of the zoning districts enumerated in section 14-51 are shown on the official zoning atlas which with all notations, references, and other information shown on the zoning atlas, shall be as much a part of this article as if fully described in this section.

   (a)   Official zoning atlas. The official zoning atlas shall be the "digital maps" maintained by the county geographic information systems (GIS) department in accordance with the resolution adopted by the board of county commissioners on May 6, 1996.

   (b)   Authentication. The official zoning atlas shall be authenticated by the planning director. Changes to the official zoning atlas other than those authorized by duly approved amendments shall be prohibited. The official zoning atlas is the final and sole authority as to the zoning status of land within the county's planning jurisdiction. When a discrepancy or uncertainty exists of the zoning district or its boundary, the planning director shall review county records and the rules below to make a determination.

   (c)   District boundaries. Where uncertainty exists with respect to the boundaries of any of the districts enumerated in section 14-51 as shown on the official zoning atlas, the planning director shall use the following rules:

   (1)   Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or railroad right-of-way lines or such lines extended; such centerlines, street lines, or railroad right-of-way lines shall be construed to be such boundaries.

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

   (3)   Where district boundaries are so indicated that they are approximately parallel to the centerlines of streets, highways, or railroads, or rights-of-way of same, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning maps. If no distance is given, such dimension shall be determined by use of the scale shown on such zoning maps.

   (d)   Amendment entries. Amendments to the official zoning atlas shall be displayed along with maps and descriptions accompanying enacted amendments in the planning department, until such time as such amendments are entered on the official zoning atlas.

(Amend. of 12-06-2010)

   It is the intent of this division to provide for patterns of land use in accordance with the comprehensive plan and other development policies of the board of commissioners, and to promote the organization of land uses so as to minimize conflicts between different types of land use activities while recognizing the county's need for such activities.

(Ord. of 7-10-2000, § 4.1; Amend. of 12-06-2010)

   Except as otherwise specifically provided in this division, regulations governing the use of land and placement of structures within the various zoning districts and classifications of planned developments are established as described in this division.

(Ord. of 7-10-2000, § 4.2)

   Uses of land or structures which are not expressly listed in this division as permitted principal uses, permitted accessory uses, or permitted special use in a zoning district or planned development are prohibited uses and shall not be subject to these regulations, as provided by General Statutes.

(Ord. of 7-10-2000, § 4.3)

   Editor's note—Amend. of 12-06-2010 deleted § 14-74, which pertained to minimum street frontage width and derived from Ord. of 7-10-2000, § 4.3.1.

   (a)   Intent. The agricultural-residential district (AR) is intended to encourage the continuance of agricultural uses as well as to ensure that residential development will occur at sufficient densities to provide for a range of housing opportunities throughout the county. Further, it is the intention of the regulations of this district to ensure that residential development having access and connecting to public water and sanitary sewer systems will occur within a healthful environment.

   (b)   Permitted uses. The following uses are permitted as a principal use:

   (1)   Single-family, or individual modular homes that utilize:

      a.   No mobile home with a manufactured date prior to 1976 can be set up as a residence unless it is already legally set up as a residence within Johnston County.

      b.   All mobile/manufactured homes that are moved to a parcel or lot within the AR district shall meet the following standards:

   (2)   Individual mobile/manufactured homes shall be based on the density established in subsection (b)(1) and meet; the following conditions:

      a.   No mobile home that does not meet the definition for a mobile home in this chapter can be set up as a residence unless it is already legally set up as a residence within Johnston County.

      b.   All mobile/manufactured homes that are moved to a parcel or lot within the AR district shall meet the following standards:

         1.   Each mobile/manufactured home must have exterior siding that is either painted or stained wood such as board and batten, or board-on-board, masonite, simulated stucco, residential grade aluminum, or vinyl lap siding. All siding shall be in good condition, complete, not damaged or loose;

         2.   Each mobile/manufactured home shall either have a brick curtain wall or have ABS or PVC plastic color skirting with interlocking edges (keylocked) installed around the perimeter of the home. Skirting shall be attractive and in good condition and shall be laid-up in an attractive, workmanlike manner. All mobile/manufactured doublewide homes located within a major subdivision shall have a permanent masonry foundation;

         3.   Each mobile/manufactured home having a painted exterior, shall have the exterior paint in good condition, not peeling or any rust showing through;

         4.   Each mobile/manufactured home shall have all windows and doors intact and in working condition;

         5.   Each mobile/manufactured home shall have in place permanent steps, meeting the state building code; and

         6.   All repairs made to the exterior of the mobile/manufactured home shall be made to be consistent with the original intent or integrity of the mobile/manufactured home when that mobile/manufactured home was built. For example, if repairs are made to the siding, material as close to, or consistent with, the original siding shall be used.

      c.   All conditions listed in subsection b. shall be complied with before a certificate of occupancy and compliance is issued for the mobile/manufactured home.

      d.   All single-wide mobile homes and single-wide manufactured homes, regardless of availability of public utilities, shall have a minimum lot size of one acre.

   A certificate of occupancy for an individual mobile/manufactured home may be issued if all required work, other than the completion of the foundation skirting and permanent steps, is completed, provided that a certificate of completion is issued within 90 days of the issuance of the certificate of occupancy. If no certificate of completion is issued within 90 days, the certificate of occupancy shall be void.

   (3)   Churches and their customary related uses, including cemeteries, provided that all buildings shall be set back at least 20 feet from any property lines.

   (4)   Colleges, universities, public elementary and secondary schools, and private schools having curricula approximately the same as ordinarily given in public schools.

   (5)   Golf courses, parks, playgrounds, community centers, libraries, swimming pools and similar recreational uses on property that is:

      a.   Owned by a federal, state, and/or local government; or

      b.   Located within an approved subdivision and the property is owned and operated by a homeowners' association, management company, and/or the developer and was approved as a part of the subdivision approval or as a part of an A-R special use district.

   Accessory recreation uses and facilities (such as play toy, basketball court, tennis court, and similar that are usual and typical in a residential neighborhood) that are intended to be used primarily by the residents of the property are permitted with residential land uses. Recreational activities that includes added parking, lighting, bleachers or viewing stands, charges fees, and/or provide concessions shall be presumed to not be accessory to a residence.

   Any other park, playground, or recreation facility that includes anything other than passive recreation (such as walking trails, picnic tables, open space, and similar) must have a special use permit.

   Any stand-alone recreation facility (not otherwise approved in parts 5, 5a, or 5b above) that charges admission; membership fees; and/or has any sales, concessions, etc. is not permitted in the A-R district.

   (6)   Public safety facilities such as fire and police stations, rescue headquarters, ambulance service, and civil defense centers.

   (7)   Accessory buildings or structures, provided such buildings or structures shall be not less than ten feet from any interior property line, and meet the street setback requirements of subsection (d). Singlewide mobile homes will not be permitted to be used for storage (commercial or noncommercial storage). Temporary storage containers or PODs shall be allowed for a 30-day period, with the possibility of a 30-day extension by planning staff for hardship cases and no more than twice during a calendar year.

   (8)   Home occupations.

   (9)   Agri-tourism uses or enterprises in support of any existing bona fide farming operation as defined in section 14-7. Agri-tourism uses may include, but are not limited to, corn mazes, petting zoo related to farm animals, hayrides, and educational programs. Accessory uses to the agri-tourism enterprise may include refreshments and concessions being served, entertainment on a scale not to exceed intent of other districts under this article, sale of farm or agricultural related products not produced on site.

      a.   For accessory type uses referred to above, a site plan will be submitted for approval by the planning and zoning director that takes into account ingress and egress, parking, hours of operations, signage, and lighting. See article V, site plans.

      b.   Any agri-tourism enterprise and accessory uses to agri-tourism enterprise shall adhere to setback requirements listed in this section.

      c.   All agri-tourism type uses and accessory uses to agri-tourism shall be temporary, unless otherwise permitted by the planning and zoning director.

   (10)   Telephone utility facilities including transformer and switching stations, telephone exchanges; public utilities (water and sewer stations) including: water, wastewater, and reclaimed water meter vaults (above and below ground); water and reclaimed water booster pump stations; water and reclaimed water regulatory valve stations; wastewater pump stations; chemical feed stations; and supporting equipment including standby power facilities, electrical equipment, and SCADA equipment including antennas. The following items shall apply to such facilities:

      a.   Approved site plan from planning and zoning director.

      b.   Such facilities are essential to services of the area.

      c.   All buildings shall be set back at least 20 feet from all property lines.

      d.   Shall be landscaped as to blend in with the surrounding community.

      e.   Shall be nonstaff facilities only.

   (11)   Any commercial vehicle(s) being housed at a residence and driven by an occupant of the residence for the purpose of serving as the occupant's primary transportation to a business located off site shall be limited based on the following guidelines:

      a.   If the business associated with the commercial vehicle is off site and provides reasonable storage and after-hours parking of the associated commercial vehicles, then no commercial vehicle is allowed on the residential property.

      b.   On internal subdivision streets, public or private, and dead-end public or private roads, only one commercial vehicle is allowed unless subsection a. above applies and/or restrictive covenants are in place restricting the storage of commercial vehicles. The vehicle is required to be setback 70 feet from the front property line and 50 feet from the interior property lines.

      c.   On all other streets and roads, any more than three commercial vehicles is required a special use permit with the vehicle(s) setback 250 feet from the front property line and 200 feet from the interior property lines.

   This regulation shall not be interpreted to prohibit commercial vehicles from loading or unloading within a reasonable time in any residential district.

   This is not to include any such commercial vehicles used, manufactured, or designed for hazardous waste which are prohibited from residential districts.

   This is not intended to allow the maintenance, as in changing of hazardous fluids and washing of contamination onto the ground, of the commercial vehicle parked on a residential lot.

   Note: Any commercial vehicle(s) associated with a commercial business operation, not specifically identified as a permitted use in this section, which is not a legally grandfathered nonconforming use, is not allowed unless a special use rezoning is granted by the county.

   (12)   Two-family dwellings (duplex).

      a.   A duplex dwelling is counted as two units in density calculations and is permitted based on the density allowance in subsection (b)(1).

      b.   A duplex dwelling is established on a common lot with no zero lot line separating the two living areas.

   (13)   Two-unit townhouse.

      a.   A zero lot line along the common wall can be established creating a two-unit townhouse only prior to construction of the structure to ensure that it meets appropriate building and fire code standards, as established by the NC Residential Building Code. Exception will be given to those units originally constructed to townhouse standards.

      b.   A zero lot line can be established as long as the opposing lot line is twice the setback required in subsection (d).

      c.   Such lots created must meet all lot design standards, subdivision requirements, and subdivision review procedures as set forth in this Code. Additionally, each lot created must be able to support its own separate septic system.

      d.   A plat must be submitted to the planning board for review and approval in accordance with article III of this Code. Such plat must include a site plan showing the townhome location, septic system, driveways, and setbacks.

      e.   For clarification, a duplex as described in this chapter cannot be converted into a two-unit town home with the establishment of a zero lot line unless it was initially constructed to townhouse standards.

      f.   An agreement must be in place and recorded in the office of the register of deeds to ensure proper maintenance of the structure.

   (14)   One junked motor vehicle.

   (15)   Up to 200 square feet of junk.

   (16)   Storage buildings provided such buildings meet the following criteria:

      a.   Maximum size of 2,000 square feet.

      b.   Shall not be located within a major subdivision.

      c.   Shall be for personal storage and use as associated with the other permitted uses in the Agricultural Residential Zoning District with no commercial, industrial or business storage or associated uses.

      d.   Setbacks shall be 70 feet from an arterial or collector street, 50 feet from a local street, and 20 feet from interior lot lines.

   (1)   Utilities and public works facilities such as water and wastewater treatment plants; sludge treatment, handling, and disposal facilities; ground and elevated water tanks; power generating plants; electrical transformer and switching stations; transmission lines; and solid waste collection and transfer stations.

      a.   Such facilities are essential to the service of the area;

      b.   In the case of transformer stations, pumping stations, water towers, and telephone exchange, no vehicles or materials shall be stored on the premises, and no offices shall be permitted;

      c.   All buildings shall be set back at least 20 feet from all property lines and shall be designed and landscaped with a buffer strip in such a way as to blend in with the surrounding area; and

      d.   All dangerous apparatus shall be enclosed by a screen fence or wall at least eight feet in height.

   (2)   Rest and convalescent homes. Rest and convalescent homes not used primarily for the treatment of contagious diseases, alcoholics, drug addicts, or psychotics.

   (3)   Farm enterprises. Farm-type enterprises when not considered as being part of bona fide farms such as plant nurseries, commercial greenhouses, fruit or vegetable packing sheds, retail sale of products grown on premises, hatcheries, tobacco storage for sales, livestock sales, and similar commercial and processing activities, provided:

      a.   Any farm-type enterprise (building or structure) shall be at least 100 feet from any existing residence on adjacent tracts of land and shall be at least 50 feet from any exterior property line adjacent to tracts of residential land.

      b.   Otherwise, when adjacent to nonresidential lots, the minimum required setbacks of subsection (d) of this section shall apply.

   (4)   Seasonal retail sales stands. Temporary stands for seasonal retail sales may be located in the front yard and shall be located at least 40 feet from the edge of the right-of-way of a street.

   (5)   Community center.

   (6)   Commercial kennels.

   (7)   Day care center.

   (8)   Group home facility.

   (9)   Migrant housing dormitories.

   (10)   Radio/TV towers.

   (11)   Skeet, trap and rifle clubs.

   (12)   Subdivisions that request residential sewer service of up to 1.5 dwelling units per acre that lie within the Outlying Residential Sewer Service Area, and are contiguous or immediately adjacent to existing residential development with public sewer service, and must be able to be served by construction of new gravity lines (no new pump station required) which will be tributary to existing sewer infrastructure.

   (d)   Minimum building setback requirements. 

   (1)   The minimum building setback from a property or right-of-way line for a one dwelling unit per acre development shall be as follows:

      a.   From any arterial or collector street, 70 feet.

      b.   From any local street not in a major subdivision, 50 feet.

      c.   From any local street in a major subdivision, 25 feet.

      d.   From any interior lot line, ten feet.

      e.   From any access easement, 15 feet.

   The 70-foot setback in subsection (d)(1)a. is derived from the current application of setbacks (60-foot buffer area plus ten-foot building setback from the buffer line).

   NOTE: A "zero lot line" is allowed whereby a structure is allowed with no setback from one interior lot line as long as the minimum building setback for the corresponding opposite interior lot line is a minimum of 20 feet.

   (2)   The minimum building setback from a property or right-of-way line for a 1.5 dwelling unit per acre development shall be as follows:

      a.   From any arterial or collector street, 70 feet.

      b.   From any local street not in a major subdivision, 50 feet.

      c.   From any local street in a major subdivision, 20 feet.

      d.   From any interior lot line, five feet.

      e.   From any access easement, 15 feet.

   NOTE: A "zero lot line" is allowed whereby a structure is allowed with no setback from one interior lot line as long as the minimum building setback for the corresponding opposite interior lot line is a minimum of ten feet.

   (3)   Drainage and utilities easements within major subdivisions. 

      a.   Drainage and public utility easement ten feet in width on the lot side and along the entire length of the road right of way.

      b.   Drainage and public utility easement seven and one-half feet in width or width of required minimum setback as described in subsections (1) and (2), whichever is less restrictive, along all interior property lines and exterior boundary lines.

   (e)   Maximum building height requirements. The maximum building height for residential structures shall be 40 feet.

   (f)   Provision of common open space or recreation area requirements. All residential developments shall provide or dedicate common open space or recreation areas suitable for the residents' common passive or active recreational uses or make a payment in lieu of provision or dedication. Design criteria can be found in the design manual.

   (g)   Minimum common open space or recreation area. Where common open space or recreational area must be provided or dedicated as part of a residential development, its total land area shall be at least 15 percent of the total gross land area of the development. Where amenities are proposed, a reduction in the required minimum acreage may be approved by the planning board. For subdivisions with less then two acres of open space, the planning board shall determine if the location, design, use, and area provide a benefit to the community, require revision, or proposal of fee-in-lieu.

   The required open space shall be contiguous, unless it is determined by the planning board that the required open space can be split and located at different places in a subdivision. Wherever possible, open space and recreation areas should be located as to abut existing open space in adjacent developments or phases. If a proposed subdivision contains wetlands and/or riparian or stream buffer areas, or overhead electric utility easements, they must be designated as common open space. However, these areas will not count toward the amount of required open space. No off-site septic areas for the benefit of residential lots can be included within the open space.

   Any proposed reduction or change involving previously recorded open space must be approved by the planning board. The applicant must provide sufficient information on why the change is requested and why no other alternative exists.

   (h)   Method of provision or dedication. Land provided or dedicated for common open space or recreation purposes shall be designated on a final plat duly recorded with the county register of deeds. Amenities shall be designated on the final plat and shall be specific as to type of amenity/use. Design criteria can be found in the design manual. Such common open space land shall be dedicated or deeded to an appropriate public body upon their acceptance, land trust, nonprofit, or for-profit organization established for the purpose of land conservation or recreational purposes; or create a neighborhood or homeowner's association for the continuing maintenance and control of common open space or recreation area; or, held by the owner for the continuing maintenance and control of common open space or recreation area, subject to a binding agreement with financial surety for such maintenance.

   (i)   Payments in lieu of provision or dedication. In lieu of providing or dedicating common open space or recreation area required pursuant to this section, a developer of a subdivision or planned development may choose to make a payment to the county. As noted in subsection (g), if the required open space to be provided is less than two acres the planning board shall determine if fee-in-lieu shall be required. The county shall use such payment only for the acquisition of open space, recreation, or park sites to serve more than one subdivision or development within the immediate area. The amount of the payment shall be the product of the total number of dwelling units recorded multiplied by the fee established in the county's annual schedule of fees. The developer shall make the payment before approval of a final plat, however, the planning director may allow phasing of payments consistent with the approved phasing of the subdivision.

   The developer has the option to request a reduction of the required minimum common open space to no less than 10 percent of the total gross land area of the development and pay a prorated payment in lieu of dedication for the balance. The design criteria outlined in this chapter, with the exception of the percentage requirement, as well as those detailed in the Johnston County Design Manual shall be met in order to qualify for the prorated amount. The planning board shall determine that the provided open space is designed to meet the criteria outlined in this chapter and the Johnston County Design Manual prior to prorating the amount.

   (j)   Access to open space. All open space must be pedestrian accessible. Open space not contiguous to a proposed subdivision street must have a minimum of a 20-foot fee-simple access.

   (k)   Alternative energy systems. Provisions of sections 14-115 through 14-120 shall apply.

(Ord. of 7-10-2000, § 4.4.1; Ord. of 11-13-2000, § 4.4.1; Ord. of 2-12-2001, §§ 4.4.1.3, 4.4.1.6.1; Ord. of 7-9-2001; Amend. of 5-12-2003(1); Amend. of 8-11-2003; Amend. of 2-9-2004; Amend. of 7-12-2004, §§ A), B); Ord. of 12-12-2005; Amend. of 12-12-2005(1); Amend. of 5-1-2006(1); Ord. of 12-4-2006; Amend. of 2-5-2007(1); Amend. of 8-6-2007; Amend. of 10-1-2007; Amend. of 6-2-2008(3); Amend. of 8-3-2009; Amend. of 1-4-2010(1); Amend. of 2-3-2010(1); Amend. of 1-3-2011; Amend. of 2-7-2011; Amend. of 9-6-2011; Amend. of 7-1-2013; Amend. of 2-3-2014; Amend. of 11-7-2016; Amend. of 3-5-2018; Amend. of 3-4-2019; Amend. of 8-3-2020; Amend. of - - )

   (a)   Intent. The regulations of the resort residential district are intended to ensure that the principal use of the land is for low-to-medium density seasonal residential-recreational purposes.

   (b)   Permitted uses. The following uses shall be permitted as a principal use in the resort residential district:

   (1)   Single-family conventionally constructed dwellings, including semidetached dwellings or resort homes intended to be used as a seasonal or recreational occupancy.

   (2)   Accessory buildings or structures.

   (c)   Site plan required. The uses listed in this subsection are permitted in a resort residential district, and may be established only after the approval of a detailed site plan, consistent with the design standards of this article is presented to and approved by the planning director:

   (1)   Campgrounds intended to be used for recreational purposes only for tents, campers, travel trailers and recreational vehicles, provided such site is no less than two acres in area. Furthermore, each proposed facility shall be subject to approval of the county health department.

   (2)   Marinas.

   (3)   Boat service stations.

   (4)   Restaurants, accessory to a principal use.

   (5)   Retail establishments, such as novelty shops, camping and fishing supply stores, convenience shops, and similar supportive establishments that are directly related to rural recreation activities.

   (6)   Saddle, hunting, fishing, boating and other clubs directly related to rural recreational activities.

   (d)   Minimum land area. The following minimum land areas shall be required in the resort residential district:

   (1)   The minimum land area for a single-family lot with an individual well and septic tank shall be no less than 40,000 square feet.

   (2)   The minimum land area for a single-family lot connected to a public water supply system shall be no less than 30,000 square feet.

   (e)   Minimum lot width. The minimum lot width in a resort residential district shall be 100 feet.

   (f)   Minimum building setback requirements. The minimum building setback requirements in the resort residential district shall be as follows:

   (1)   From any arterial or collector street, 60 feet.

   (2)   From any local street not in the resort residential project, 50 feet.

   (3)   From any local street within the resort residential project, ten feet.

   (4)   From any interior lot line, 20 feet.

   (5)   From any access easement, 15 feet.

   (g)   Maximum building height requirements. The maximum building height in a resort residential district shall be 40 feet.

   (h)   Alternative energy systems. Provisions of sections 14-115 through 14-119 shall apply.

(Ord. of 7-10-2000, § 4.4.2; Ord. of 7-9-2001, Amend. of 7-12-2004, § B; Amend. of 9-6-2011)

   (a)   Intent. The regulations of the residential-mobile home park district shall govern the placement and establishment of every new mobile home park and the alteration or expansion of existing mobile home parks lying within the planning jurisdiction of the county. Mobile home parks shall be permitted only in conformance with the regulations of this chapter and only on lands properly zoned to the MHP district.

   (b)   Classification. Mobile homes are classified into two categories as follows:

   (1)   Class A. Manufactured housing units which meet both state and U.S. Department of Housing and Urban Development Mobile Home Construction Standards, and are in a subdivision of lots for sale.

   (2)   Class B. Manufactured housing units which meet state and U.S. Department of Housing and Urban Development Mobile Home Construction Standards, and are in a mobile home park with leased or rental spaces.

   (c)   Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

   Automobile, abandoned, means a motor vehicle which is left on private property without the consent of the owner, occupant, or lessee of the property.

   Manufactured home means a portable manufactured housing unit, over 32 feet in length and over eight feet in width, designed for transportation on its own chassis and placement on a temporary or permanent foundation. The term shall also include a doublewide housing unit which is two or more portable manufactured housing units, over 32 feet in length and eight feet in width, designed for transportation on their own chassis, which connect on site for placement on a temporary or permanent foundation.

   Mobile home means a structure that:

   (1)   Consists of a single unit substantially assembled at the factory or of two (doublewide) or three (triplewide) principal components totally assembled at the factory and joined together at the site;

   (2)   Is designed so that the total structure (or in the case of a doublewide or triplewide, each component thereof) can be transported on its own chassis;

   (3)   Is over 32 feet long and over eight feet wide;

   (4)   Is designed to be used as a dwelling and provides complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation;

   (5)   Is actually being used, or is held ready for use, as a dwelling; and

   (6)   Is not permanently attached to a foundation. A structure that is otherwise defined in this definition as a mobile home is permanently attached to its foundation if:

      a.   The foundation was constructed in such a way or at such expense as to make it unlikely that the mobile home placed upon it will later be removed; or

      b.   The mobile home cannot be removed from the foundation without great expense or severe damage to the mobile home.

   Mobile home lot means a piece of land within a mobile home park whose boundaries are delineated in accordance with the requirements of the article and that is designed and improved in accordance with the requirements of the article to accommodate one mobile home.

   Mobile home park major collector street means any mobile home park street or road intersecting or providing direct access to a state-maintained road, or a street that regularly serves 40 percent of the residents of the park.

   Mobile home park minor collector street means any mobile home park street or road serving only to provide access to the individual spaces.

   Mobile home space means a plot of land within a mobile home park designed for the accommodation of a single mobile home in accordance with the requirements set forth in this article.

   Mobile home stand or pad means that portion of the mobile home space designed for and used as the area occupied by the mobile home proper.

   Modular or prefabricated construction means construction of prefabricated units which are fabricated prior to erection or installation in a building or structure, and may be shipped to their final on-site location. A manufactured home is considered a mobile home if a title is issued for the home when manufactured and would be considered personal property. If no title is issued, the home is considered real property rather than personal property.

   Operator means the person responsible for the operation of a mobile home park.

   Parking bay means two off-street parking spaces per mobile home space.

   Public or community sewer system means any sewer system serving three or more connections.

   Public or community water supply system means a water system serving three or more mobile homes, thereby requiring approval by the state division of health services.

   Rental mobile homes means mobile homes that are available on a rental or lease basis.

   Travel trailer means any vehicle, house car, camp car, or any portable or moveable vehicle on wheels, skids, rollers, or blocks either self-propelled or propelled by any other means which is used or designed to be used for residential living, sleeping, commercial, or utility purposes, but not including those vehicles primarily designed for the transportation of goods.

   Underpinning means metal, vinyl, brick, block, or other approved skirting material around the mobile home base.

   (1)   An individual mobile home that utilizes a public water and sewer system at a maximum density of 1.5 dwelling units per acre (based on the net usable* land area of the mobile home park; or

   (2)   An individual mobile home that utilizes a public water system and septic tank at a density of 1.5 dwelling units per acre (based on the net usable* land area of the mobile home park).

   (e)   Minimum internal building setback. Where no individual lot lines internal to the mobile home park exist, each mobile home shall be no closer than 20 feet from another mobile home.

   (f)   Minimum building setback requirements. The minimum building setback in a mobile home district shall be as follows:

   (1)   From any arterial or collector street, 60 feet.

   (2)   From any local street not within the mobile home park, 50 feet.

   (3)   From any street within the mobile home park, 20 feet.

   (4)   From any interior lot line, ten feet.

   Accessory buildings may be constructed in the rear yard provided they are no larger than ten feet by ten feet and no closer than ten feet from any adjoining lot line.

   (g)   Utility requirements. All mobile home parks shall conform to the following utility requirements:

   (1)   An accessible adequate, safe supply of water shall be provided in each mobile home park. When a municipal or county water supply is not available, a community water supply shall be developed and its supply used exclusively in accordance with the standards of the state division of health services and the county environmental health department.

   (2)   Adequate and safe sewage disposal facilities shall be provided in all mobile home parks. Collection systems and sewage treatment plants complying with the requirements of the state natural resources and community development department shall be provided. Plans for sewage collection systems and treatment facilities shall be submitted to the state natural resources and community development department and the county environmental health department. Individual septic tank systems can be considered, if soil, topography, and groundwater conditions are favorable.

   (3)   All utilities shall be underground.

   (h)   Streets and parking. All mobile home parks shall conform to the following street and parking requirements:

   (1)   All streets in mobile home parks shall be paved.

   (2)   Maintenance of such streets shall be provided by the owner or operator of the park, who will be required to post a bond for the first year's maintenance, amount and terms to be determined by the planning director.

   (3)   Permanent dead-end streets or culs-de-sac shall not exceed 1,000 feet in length and shall be provided with a turnaround of at least 100 feet in diameter.

   (4)   New street names or mobile home park names shall not duplicate, or be similar to, existing street names or mobile home park names in the county. The mobile home park developer shall be required to provide and erect street name signs to state standards at all intersections within the mobile home park.

   (5)   Sidewalks, or a paved pedestrian walkway, shall be provided along all streets within the mobile home park.

   (6)   A minimum of two automobile parking spaces surfaced with an all weather surface shall be provided adjacent to each mobile home space but shall not be located within any public right-of-way or within any street in the park.

   (7)   All spaces within a mobile home park shall be serially numbered for mailing address purposes. These numbers shall be displayed in the front of the mobile home on the driveway side with four-inch lettering.

   (8)   All streets in the mobile home park shall be adequately illuminated. The minimum street light shall be a 175-watt mercury vapor approximately 7,000 lumen class, or its equivalent, spaced at intervals of not more than 300 feet and at each intersection.

   (i)   Recreation areas. All mobile home parks shall provide a play lot of 300 square feet suitable for active play and a 10,000 square foot area for active or passive recreation, with a minimum area of 10,000 square feet for every 25 dwelling units.

   (j)   Mobile home park use/appearance requirements. All uses within a mobile home park shall conform to the following regulations:

   (1)   Abandoned vehicle. No junked or abandoned vehicles shall be allowed.

   (2)   Additions. No living compartment or structure other than a "Florida-Type" room, or other prefabricated structure, specifically designed for mobile home use or extension, shall be added to any mobile home. Porches covered with a roof and open on three sides may be permitted if yard space requirements of this article are not violated.

   (3)   Administrative office. Within a mobile home park, one mobile home may be used as an administrative office.

   (4)   Building proportion. The main portion of the building, when viewed from the front lot line, shall have a building length not exceeding six times the building width.

   (5)   Chassis and tongue removal. The wheels, towing tongue and undercarriage of the chassis shall be removed upon final placement of the unit.

   (6)   Evacuation plan. Each mobile home park in a community's floodprone area shall have an evacuation plan indicating alternate vehicular access and escape routes. All mobile homes to be placed in floodprone areas shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top ties at each of the four corners of the mobile home with two additional ties per side at intermediate locations.

   (7)   Exterior appearance. All mobile homes shall meet the following standards:

      a.   Each mobile home must have exterior siding that is either painted, or stained wood such as board and batten, or board-on-board, masonite, simulated stucco, residential grade aluminum, or vinyl lap siding. All siding shall be in good condition, complete, not damaged, pierced or loose;

      b.   Each mobile home shall either have a brick curtain wall or have ABS plastic color skirting with interlocking edges (keylocked) installed around the perimeter of the home before a certificate of occupancy is issued. Skirting shall be attractive and in good condition, not pierced, and shall be laid-up in an attractive, workmanlike manner;

      c.   Each mobile home having a painted exterior, shall have the exterior paint in good condition, not peeling or any rust showing through;

      d.   All windows and doors shall be intact and in working condition; and

      e.   Permanent steps, meeting the state building code shall be in place.

   (8)   Mailboxes. When more than five rural mailboxes are used for mail delivery, the approval of the local post office department and the district highway engineer shall be required.

   (9)   Project identification sign. Mobile home park identification signs shall not exceed 32 square feet in area and shall not exceed 12 feet in height. Only indirect, nonflashing lighting shall be used for illumination.

   (10)   Sidewalks. Sidewalks shall be located on at least one side of each street within the mobile home park.

   (11)   Solid waste. The mobile home park management shall be responsible for the proper storage, collection, and disposal of solid waste as specified by the county health department.

   (12)   Resident requirements. All mobile home park residents must be required to comply with an established set of requirements through contracts, restrictive covenants, or other valid means. Failure to enforce such restrictions subjects the property to a revocation of the mobile home park zoning.

   (k)   Landscape requirements. All mobile home parks shall be landscaped in accordance with article VI of this chapter. A landscaped buffer strip shall be provided at all exterior property lines and shall consist of an approved wall, fence, or a planted strip at least eight feet in width, composed of deciduous or evergreen trees or a mixture of each, spaced not more than 20 feet apart and not less than one row of dense shrubs, spaced not more than five feet apart and five feet in height; after one growing season, which shall be planted and maintained in a healthy, growing condition by the property owner.

   (l)   Conformance with mobile home park standards. It shall be unlawful for any person to construct or engage in the construction of any mobile home park or make any addition or alteration to an existing mobile home park within the county unless a final plan of the mobile home park has been approved in accordance with this section. No new mobile home park or mobile home park addition shall be occupied until a certificate of occupancy has been issued by the county inspections department. The owners, management, or occupants to whom a construction permit for a mobile home park is issued shall operate the park in compliance with this article and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition. The county inspections department may, after due notice, subject to the right of appeal, suspend or revoke the certificate of occupancy for failure to maintain the park in compliance with the provisions of this article. The certificate of occupancy may be revoked for a specific section of a mobile home park which is in violation and occupancy allowed to continue in portions of the park which are in conformity with the certificate of occupancy. The county planning, inspections, and health departments may conduct as many inspections of mobile home parks as are deemed necessary to ensure the compliance of applicable standards.

   (m)   Certificate of occupancy and compliance. The board of commissioners will authorize the inspections department to issue a certificate of occupancy and compliance. A certificate of occupancy must be authorized and issued by the inspections department prior to occupancy of a mobile home park. Construction must conform to the approved plan. Note: A certificate of occupancy may be issued if all required work, other than the completion of the foundation skirting, is completed, provided that a certificate of completion is issued within 90 days' of the issuance of the certificate of occupancy. If no certificate of completion is issued within 90 days, the certificate of occupancy shall be void.

   (n)   Reserved.

   (o)   Alternative energy systems. Provisions of sections 14-115 through 14-119 shall apply.

(Ord. of 7-11-2000, § 4.4.5; Ord. of 11-13-2000, § 4.4.4; Amend. of 9-6-2011; Amend. of 3-4- 2019; Amend. of - - )

   (a)   Intent. The regulations of the office and institution district (OI) are intended to provide for the development of general office uses, educational and research facilities, public service offices, institutional and their necessary support functions.

   (b)   Permitted uses. See Sec. 14-90 for table of permitted uses as a principal use in the office and institutional district.

   (1)   Additional specifications. 

      a.   Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.

      b.   Open storage shall be prohibited as a principal and/or accessory use.

   (2)   Alternative energy systems. Provisions of sections 14-121 and 14-122 shall apply.

   (1)   Additional specifications. 

      a.   Public/private utility facilities. Public works and public and private facilities such as water and sewage plants, transformer stations, transmission lines, pumping stations, water towers, and telephone exchanges, provided:

         (i.)   Such facilities are essential to the service of the area.

         (ii.)   No vehicles or materials shall be stored on the premises, and no offices shall be permitted.

         (iii.)   All buildings shall be set back at least 20 feet from all property lines and shall be designed and landscaped with a buffer strip in such a way as to blend in with the surrounding area.

         (iv.)   All dangerous apparatus shall be enclosed by a screen fence or wall at least eight feet in height.

   (d)   Minimum building setback requirements. The minimum building setback shall be as follows in an office and institutional district:

   (1)   From any arterial or collector street right-of-way, 40 feet.

   (2)   From any local street right-of-way, 20 feet.

   (3)   From any interior lot line adjacent to commercial or industrial zoning, ten feet.

   (4)   From any interior lot line adjacent to residential, 20 feet.

   (5)   From any access easement, 15 feet.

   (e)   Maximum building height requirements. The maximum building height for the office and institutional district:

   (1)   Adjacent to a residential zoning district shall be 40 feet.

   (2)   Adjacent to a nonresidential zoning district, no height restrictions.

(Ord. of 7-10-2000, § 4.4.5; Ord. of 7-9-2001; Amend. of 3-8-2004; Amend. of 7-12-2004, § B); Amend. of 12-06-2010; Amend. of 9-6-2011; Amend. of - - )

   Cross reference—Businesses, ch. 6.

   (a)   Intent. The neighborhood business district (NB) is intended to provide for the development of commercial and service centers that serve the daily commercial needs, are accessible by residents from the immediate neighborhood, and are of such a nature so as to minimize conflicts with surrounding residential areas.

   (b)   Permitted uses. See section 14-90 for table of permitted uses as a principal use in the neighborhood business district.

   (1)   Additional specifications. 

      a.   Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.

      b.   Open storage shall be prohibited as a principal and/or accessory use.

   (2)   Alternative energy systems. Provisions of sections 14-121 and 14-122 shall apply.

   (1)   Additional specifications. 

      a.   [When permitted.] Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.

      b.   [Outdoor storage.] Outdoor storage, as an accessory, must be enclosed by an eight-foot fence; fencing must be opaque or sufficiently screened.

      c.   Public/private utility facilities. Public works and public and private facilities such as water and sewage plants, transformer stations, transmission lines, pumping stations, water towers, and telephone exchanges, provided:

         (i.)   Such facilities are essential to the service of the area.

         (ii.)   No vehicles or materials shall be stored on the premises, and no offices shall be permitted.

         (iii.)   All buildings shall be set back at least 20 feet from all property lines and shall be designed and landscaped with a buffer strip in such a way as to blend in with the surrounding area.

         (iv.)   All dangerous apparatus shall be enclosed by a screen fence or wall at least eight feet in height.

   (d)   Minimum building setback requirements. The minimum building setback requirements for the neighborhood business district shall be as follows:

   (1)   From any arterial or collector street right-of-way, 40 feet.

   (2)   From any local street right-of-way, 30 feet.

   (3)   From an interior lot line adjacent to commercial or industrial zoning, ten feet.

   (4)   From any interior lot line adjacent to residential zoning, 20 feet.

   (5)   From any access easement, 15 feet.

   The setback requirement applies to all accessory structures, including gasoline pumps, underground storage tanks, canopies and other similar structures.

   (e)   Maximum building height requirement. The maximum height of a building in the community business district shall be 40 feet.

(Amend. of 12-06-2010)

(Ord. of 7-11-2000, § 4.4.7; Ord. of 7-9-2001; Amend. of 3-8-2004; Amend. of 7-12-2004, § B); Amend. of 5-1-2006(2); Amend. of 12-06-2010; Amend. of 9-6-2011; Amend. of - - )

   Cross reference—Businesses, ch. 6.

   (a)   Intent. The community business district (CB) is intended to provide for the development of commercial and service areas that serve the daily convenience and personal service needs of a surrounding area.

   (b)   Permitted uses. See section 14-90 for table of permitted uses as a principal use in the community business district.

   (1)   Additional specifications. 

      a.   Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.

      b.   Open storage shall be prohibited as a principal and/or accessory use.

   (2)   Alternative energy systems. Provisions of sections 14-121 and 14-122 shall apply.

   (1)   Additional specifications. 

      a.   [When permitted.] Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.

      b.   [Outdoor storage.] Outdoor storage, as an accessory, must be enclosed by an eight-foot fence, fencing must be opaque or sufficiently screened.

      c.   Public/private utility facilities. Public works and public and private facilities such as water and sewage plants, transformer stations, transmission lines, pumping stations, water towers, and telephone exchanges, provided:

         (i.)   Such facilities are essential to the service of the area.

         (ii.)   No vehicles or materials shall be stored on the premises, and no offices shall be permitted.

         (iii.)   All buildings shall be set back at least 20 feet from all property lines and shall be designed and landscaped with a buffer strip in such a way as to blend in with the surrounding area.

         (iv.)   All dangerous apparatus shall be enclosed by a screen fence or wall at least eight feet in height.

   (d)   Minimum building setback requirements. The minimum building setback requirements for the community business district shall be as follows:

   (1)   From any arterial or collector street right-of-way, 40 feet.

   (2)   From any local street right-of-way, 30 feet.

   (3)   From an interior lot line adjacent to commercial or industrial zoning, ten feet.

   (4)   From any interior lot line adjacent to residential zoning, 20 feet.

   (5)   From any access easement, 15 feet.

   The setback requirement applies to all accessory structures, including gasoline pumps, underground storage tanks, canopies and other similar structures.

   (e)   Maximum building height requirement. The maximum height of a building in the Community Business District shall be 40 feet.

(Ord. of 7-10-2000, § 4.4.7; Ord. of 7-9-2001; Amend. of 3-8-2004; Amend. of 7-12-2004, § B); Amend. of 5-1-2006(2); Amend. of 12-06-2010; Amend. of 9-6-2011; Amend. of - - )

   Cross reference—Businesses, ch. 6.

   (a)   Intent. The general business district (GB) is intended to provide for the development of commercial and service centers that are accessible to the general public and from surrounding neighborhoods. Businesses in this district are intended to serve the daily convenience and personal service needs of an immediate area, and countywide or regional commercial and service needs.

   (b)   Permitted uses. See section 14-90 for table of permitted uses as a principal use in the general business district.

   (1)   Additional specifications. 

      a.   Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.

      b.   Outdoor storage must be enclosed by an eight-foot fence; fencing must be opaque or sufficiently screened.

   (2)   Alternative energy systems. Provisions of sections 14-121 and 14-122 shall apply.

   (1)   Additional specifications:. 

      a.   [Accessory uses and structures.] Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.

      b.   [Outdoor storage.] Outdoor storage must be enclosed by an eight-foot fence; fencing must be opaque or sufficiently screened.

      c.   Public/private utility facilities. Public works and public and private facilities such as water and sewage plants, transformer stations, transmission lines, pumping stations, water towers, and telephone exchanges, provided:

         (i.)   Such facilities are essential to the service of the area.

         (ii.)   No vehicles or materials shall be stored on the premises, and no offices shall be permitted.

         (iii.)   All buildings shall be set back at least 20 feet from all property lines and shall be designed and landscaped with a buffer strip in such a way as to blend in with the surrounding area.

         (iv.)   All dangerous apparatus shall be enclosed by a screen fence or wall at least eight feet in height.

   (d)   Minimum building setback requirements. The minimum building setback requirements in the general business district shall be as follows:

   (1)   From any arterial or collector street right-of-way, 40 feet.

   (2)   From any local street right-of-way, 30 feet.

   (3)   From an interior lot line adjacent to commercial or industrial zoning, ten feet.

   (4)   From any interior lot line adjacent to residential zoning, 20 feet.

   (5)   From any access easement, 15 feet.

   The setback requirement applies to all accessory structures, including gasoline pumps, underground storage tanks, canopies and other similar structures.

   (e)   Maximum building height requirements. The maximum building height for buildings in the general business district:

   (1)   Adjacent to a residential zoning district shall be 40 feet.

   (2)   Adjacent to a nonresidential zoning district, no height restrictions.

(Ord. of 7-11-2000, § 4.4.7; Ord. of 7-9-2001; Amend. of 3-8-2004; Amend. of 7-12-2004, § B); Amend. of 5-1-2006(2); Amend. of 12-06-2010; Amend. of 9-6-2011)

   Cross reference—Businesses, ch. 6.

   (a)   Intent. The industrial-1 district (I-1) is intended to provide for public and private uses of a wholesale, distribution, limited processing, manufacturing and processing, and production nature serving the needs of the county, and to ensure the compatibility of such uses with their surroundings.

   (b)   Permitted uses. See section 14-90 for table of permitted uses as a principal use in the Industrial-1 district.

   (1)   Additional specifications. 

      a.   Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.

      b.   Circuses and carnivals, on a temporary basis, not to exceed seven days, subject to special events ordinance application.

      c.   Outdoor storage, must be enclosed by an eight-foot fence; fencing must be opaque or sufficiently screened.

   (2)   Alternative energy systems. Provisions of sections 14-121 through 14-123 shall apply.

   (1)   Additional specifications. 

      a.   Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.

      b.   Outdoor storage must be enclosed by an eight-foot fence, fencing must be opaque or sufficiently screened.

   (d)   Minimum building setback requirements. The minimum building setback requirements of the Industrial-1 District shall be as follows:

   (1)   From any arterial or collector street right-of-way, 40 feet.

   (2)   From any local street right-of-way, 30 feet.

   (3)   From an interior lot line adjacent to commercial or industrial zoning, ten feet.

   (4)   From any interior lot line adjacent to residential zoning, 20 feet.

   (5)   From any access easement, 15 feet.

   The setback requirement applies to all accessory structures, including gasoline pumps, underground storage tanks, canopies and other similar structures. .

   (e)   Maximum building height requirement. The maximum building height for buildings in an industrial-1 district:

   (1)   Adjacent to a residential zoning district shall be 40 feet.

   (2)   Adjacent to a nonresidential zoning district, no height restrictions.

(Ord. of 7-10-2000, § 4.4.8; Ord. of 7-9-2001; Amend. of 3-8-2004; Amend. of 7-12-2004, § B); Amend. of 5-1-2006(3); Amend. of 12-06-2010; Amend. of 9-6-2011; Amend. of - - )

   Cross reference—Businesses, ch. 6.

   (a)   Intent. The industrial-2 district (I-2) is intended to provide for public and private heavy industrial uses, including uses of a wholesale, distribution, processing, manufacturing, and production nature. However, it is required that the industries permitted in this district will take whatever measures appropriate to minimize emissions of smoke, dust, fumes, noise and vibrations resulting from such industrial activities.

   (b)   Permitted uses. See section 14-90 for table of permitted uses as a principal use in the industrial-2 district.

   (1)   Additional specifications. 

      a.   Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.

      b.   Circuses and carnivals, on a temporary basis, not to exceed seven days, subject to special events ordinance application

      c.   Outdoor storage must be enclosed by an eight-foot fence, fencing must opaque or sufficiently screened.

   (2)   Alternative energy systems. Provisions of sections 14-121 through 14-123 shall apply.

   (1)   Additional specifications. 

      a.   Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.

      b.   Outdoor storage must be enclosed by an eight-foot fence; fencing must opaque or sufficiently screened.

      c.   Automobile/vehicle junkyards and scrap metal operations shall enclose all storage area by an opaque fence or wall at least ten feet in height.

   (d)   Minimum building setback requirements. The minimum building setback requirements in the industrial-2 district shall be as follows:

   (1)   From any arterial or collector street right-of-way, 40 feet.

   (2)   From any local street right-of-way, 30 feet.

   (3)   From an interior lot line adjacent to commercial or industrial zoning, ten feet.

   (4)   From any interior lot line adjacent to residential zoning, 20 feet.

   (5)   From any access easement, 15 feet.

   The setback requirement applies to all accessory structures, including gasoline pumps, underground storage tanks, canopies and other similar structures.

   (e)   Maximum building height requirement. The maximum building height for a building in the industrial-2 district:

   (1)   Adjacent to a residential zoning district shall be 40 feet.

   (2)   Adjacent to a nonresidential zoning district, no height restrictions.

(Ord. of 7-10-2000, § 4.4.9; Ord. of 7-9-2001; Amend. of 3-8-2004; Amend. of 7-12-2004, § B); Amend. of 5-1-2006(3); Amend. of 12-06-2010; Amend. of 9-6-2011; Amend. of - - )

   Cross reference—Businesses, ch. 6.

 

   ** Dwelling Units per Acre = du/ac

   *** Please refer to the specific zoning district for additional requirements and use.

(Amend. of 5-2-2011; Amend. of 3-4-2019; Amend. of 8-3-2020)

 

(Amend. of 12-06-2010)

   It is the intent of this division to provide for various zoning districts which shall overlay the zoning districts enumerated in division 2 of this article, and which shall provide for special review of development within such overlay districts in accordance with the intents, procedures and standards established for the overlay districts.

(Ord. of 7-10-2000, § 4.5)

   (a)   Purpose. The purpose of the airport height hazard district (AHH) is to provide regulations that provide a higher level of control from activities, situations and obstructions that could have the potential for endangering the lives and property of users of the county airport, and property or occupants of land in its vicinity. Further, the creation or establishment of an obstruction may effect existing and future instrument approach minimums of the county airport, and that obstruction may present a hazard to air navigation and/or reduce the size of areas available for the safe landing, takeoff and maneuvering of aircraft.

   (b)   Intent. It is the intent of this section to prevent the creation or establishment of hazards to air navigation, eliminate, remove, alter or mitigate hazards to air navigation, by regulating the height of structures, and the use of property in the vicinity of the airport.

   (c)   Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

   Airport elevation means the topographical elevation above mean sea level. At the county airport this elevation is 165 feet.

   Approach surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in subsection (e) of this section. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

   Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

   Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable air space.

   Height means the height limits set forth in this section and as shown on the height hazard map, the datum shall mean sea level elevation except as otherwise specified.

   Horizontal surface means the horizontal 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

   Larger than utility runway means the runway that is constructed for and intended to be used for propeller driven aircraft or greater then 12,500 pounds maximum gross weight or jet powered aircraft.

   Nonprecision instrument runway means the runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

   Obstruction means any building, structure, growth, or other object, including a mobile object which exceeds a limiting height as set out in subsection (e) of this section.

   Precision instrument runway means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR), or a runway for which a precision approach system is planned and is so indicated on the approved airport layout plan or any other planning document.

   Primary surface means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. For military runways, or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

   Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

   Transitional surfaces means a surface extending outward at 90 degree angles to the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical approach surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at a 90 degree angle to the extended runway centerline.

   Utility runaway means a runway intended solely for the operation of aircraft using visual approach procedures.

   Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures.

   (d)   Airport hazard district zones. In order to carry out the provisions of this section, there are created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the county airport. Such zones are identified on the airport hazard district map which is on file in the office of the county planning office and the geographical informational services office. An area located in one or more than one of the following zones is considered to be the only area in the zone with the more restrictive height regulations.

   (1)   Runway larger than utility visual approach zone. This zone is defined as the inner edge of the approach zone that coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

   (2)   Runway larger than utility with a minimum greater than three-quarter mile nonprecision instrument approach zone. This zone is defined as the inner edge of this approach zone that coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

   (3)   Runway larger than utility with a visibility minimum as low as three-quarter mile nonprecision instrument approach zone. This zone is defined as the inner edge of this approach zone that coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

   (4)   Precision instrument runway approach zone. This zone is defined as the inner edge of this approach zone that coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

   (5)   Transitional zone. The transitional zones are those zones that are the areas beneath the transitional surfaces.

   (6)   Horizontal zone. This zone is defined as that area established by swinging arcs of 5,000 feet radii for all runways designated as utility or visual and 10,000 feet for all others from the center of each and the primary surface of each runway connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include approach and transitional at the periphery of the horizontal zone, and extends outward from a horizontal distance of 4,000 feet.

   (e)   Airport environs height regulations. Except as otherwise provided in this section, no building or structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any airport hazard district zone to a height in excess of the applicable height established for such zone. The maximum height regulations are as follows:

   (1)   Runway larger than utility visual approach zone. Slopes 20 feet outward for each foot upward beginning at the end of, and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

   (2)   Runway larger than utility with a visibility minimum greater than three-quarter mile nonprecision instrument approach zone. Slopes 34 feet outward for each foot upward beginning at the end of, and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

   (3)   Runway larger than utility with a visibility minimum as low as three-quarter mile nonprecision instrument approach zone. Slopes 34 feet outward for each foot upward beginning at the end of, and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

   (4)   Precision instrument runway approach zone. Slopes 50 feet outward for each foot upward beginning at the end of, and at the same elevation as the primary surface and extending to a horizontal distance upward of 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

   (5)   Transitional zone. Slopes seven feet outward for each foot upward beginning at the sides of, and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation (165 feet above mean sea level). In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of, and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of, and the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

   (6)   Horizontal zone. Established at 150 feet above the airport elevation or at a height of 315 feet above mean sea level.

   (7)   Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone, and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

   (f)   Airport environs height regulations exceptions. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land.

   (g)   Use regulations. Notwithstanding any other provision of this section, no use may be made of land or water within any zone established by this section in such a manner as to:

   (1)   Create electrical interference with navigational signals or radio communication between airport and aircraft;

   (2)   Make it difficult for pilots to distinguish between airport lights and other lights;

   (3)   Result in glare in the eyes of pilots using the airport;

   (4)   Impair visibility in the vicinity of the airport;

   (5)   Create bird strike hazards; or

   (6)   Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

   (h)   Existing uses. The regulations prescribed in this section shall not by construed to require the removal, alteration, lowering or other change of any structure or tree not conforming to the regulations as of May 7, 1984, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this section shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to May 7, 1984.

   (i)   Marking and lighting. Notwithstanding the provisions of this section, the owner of any existing structure that exceeds the height requirements of subsection (e) of this section, is required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the county airport authority to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the county airport authority.

   (j)   Permits required. Except as specifically provided in this subsection, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit thereof shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient information in order to determine whether the resulting use, structure, or tree would conform to the regulations prescribed in this article.

   (1)   Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction, or permit a nonconforming use, structure or tree, to become a greater hazard to air navigation than it was on May 7, 1984, or than it is when the application permit is made.

   (2)   Nonconforming uses, abandoned or destroyed. Whenever the planning director determines that a nonconforming structure or tree has been abandoned, or more that 80 percent physically deteriorated, destroyed, or decayed, no permit shall be granted that would allow such structure or tree to exceed the height regulations of subsection (e) of this section, or otherwise deviate from the requirements of this section.

   (3)   Permit exemptions. 

      a.   In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any structure or tree less than 75 feet of vertical height above the ground, except when, because of existing terrain, land contour, or topographic feature, such structure or tree would extend above the required height limits prescribed for such zones.

      b.   In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any structure or tree less than 75 feet of vertical height above the ground, except when such structure or tree, because of existing terrain, land contour, or topographic feature, would extend above the required height limit prescribed for such zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration, of any structure, or growth of any tree in excess of any of the required height limits established in subsection (e) of this section.

   (k)   Variances. Any person desiring to erect or increase the height of any building or structure not in accordance with the regulations prescribed in this section, may apply to the board of adjustment for a variance from such regulations. The application for a variance must be accompanied by a determination letter from the Federal Aviation Administration as to the effect of the variance request on the operation of air navigation facilities and the safe, efficient use of navigable air space. An application for a variance from the requirements of this section shall be referred to the airport manager for advice as to the aeronautical effects of the variance request on the operation of the airport facilities. If the airport manager does not respond to the application request within 15 days after receipt of the application, the board of adjustment may act on its own to grant or deny such application. The board of adjustment, based on findings of fact, shall grant the variance if it:

   (1)   Is found that a literal application of enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest;

   (2)   Will not create a hazard to air navigation;

   (3)   Will do no injustice; and

   (4)   Will be in accord with the spirit and intent of this section.

   (l)   Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to carry out the purpose of this section, and is reasonable in the circumstances, be so conditioned as to require the owner of the structure to install, operate, and maintain, at the owner's expense, such markings and lights as necessary. If deemed proper by the board of adjustment, this condition may be modified to permit the county airport authority, at its own expense, to install, operate and maintain the necessary markings and lights.

(Ord. of 7-10-2000, § 4.5.1)

   (a)   Purpose and intent. The environmentally sensitive area district (ES) is established as a district that overlays areas deemed environmentally sensitive. Development within this overlay district shall comply with the regulations of the underlying zoning district, provisions of this section and any other applicable sections of this article.

   (b)   Definitions: 

   (1)   Intermittent stream. A natural drainage way, which shows up as a blue line on the USGA 7.5 minute quadrangle maps and has a contributing drainage area of 300 acres or more shall be considered an intermittent stream for purposes of this ordinance.

   (2)   Perennial stream. Perennial streams are streams that have essentially continuous flows. Perennial streams in the environmentally sensitive area are specifically designated to be Swift Creek, White Oak Creek, Little Creek (from the U.S. 70 Clayton bypass to Swift Creek), and the Little River (from the county line to NC 39).

   (c)   Delineation of. 

   (1)   Perennial stream buffers. Perennial stream buffers shall be measured from the top of the channel bank and extend landward a minimum distance of 100 feet measured horizontally on a line perpendicular to the water body, subject to the following conditions:

      a.   The buffer shall be undisturbed and remain forested if currently forested.

      b.   If the existing buffer is not forested, it shall be maintained in a natural state and allowed to revegetate.

      c.   There shall be no fill allowed within the buffer area.

   (2)   Intermittent stream buffers. Intermittent stream buffers shall have two zones as described below:

      a.   Zone 1 shall be an undisturbed area extending from the channel bank landward a minimum of 30 feet measured horizontally on a line perpendicular to the water body.

      b.   Zone 2 shall be a vegetative buffer extending from the outer edge of zone 1 landward a minimum of 20 feet measured horizontally on a line perpendicular to zone 1.

   (3)   Maintenance of buffers. Zone 1 and zone 2 shall be maintained by the landowner or homeowners' association to maintain stormwater sheet flow to the maximum extent practical to provide for diffusion and infiltration of stormwater runoff and filtering of pollutants into the affected stream, consistent with maintenance criteria as set out in the county design manual.

   (4)   Exemptions. The following are exempt from the stream buffer requirements of this section:

      a.   Areas that are mapped on the USGS quadrangle map that do not exist on the ground.

      b.   Ponds and lakes created for animal watering, irrigation of farm lands, or other agricultural uses that are not part of a natural drainageway.

      c.   Where application of the requirements of this section would prevent all prospective use of a lot platted and recorded prior to May 26, 1998.

      d.   Water dependent structures that are designed, constructed, and maintained to provide the maximum nutrient removal, have the least adverse affects on aquatic habitats and that protect water quality.

      e.   Roads, bridges, stormwater management facilities, ponds, and utilities where no other practical alternative exists. These structures shall be so located, designed, constructed, and maintained to have minimal disturbance, provide maximum nutrient removal, provide the least adverse effects on aquatic habitats and protect water quality to the maximum extent possible.

      f.   Ditches and manmade conveyances other than modified natural streams.

   (5)   Flood hazard areas. There shall be no development allowed within the areas of special flood hazard as defined in the county flood damage prevention ordinance, which shall be defined as residential and nonresidential structures, including improvements or additions to such structures. However, specifically allowed improvements include public utility structures, buried utilities, roadways and accessways, and recreational facilities as long as no structures are involved.

   (1)   Residential development is permitted at an overall density of one dwelling unit per acre (40,000 square feet minimum lot size) of gross land area.

(Ord. of 7-10-2000, § 4.5.2; Ord. of 11-13-2000, § 4.5.2.2; Amend. of 3-7-2005; Amend. of 8-3-2020)

   Cross reference—Environment, Ch. 12.

   (a)   Purpose. The purpose of the regulations of the Interstate Highway Interchange District (IHI) are to provide for the orderly development of commercial and service centers. Businesses in this district are intended to serve the daily conveniences and personal service needs of an immediate, countywide and regional area.

   (b)   Applicability. Interstate districts shall be defined as a 6,000-foot circle, having a radius of 3,000 feet, measured from the center point of the interchanges along I-40 and I-95.

   (c)   Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

   Access road means a public or private one-way or two-way road for ingress and/or egress. Such access roads may be of various types including frontage roads, rear access roads, and cul-de-sac. This definition includes secondary roads but does not include driveways.

   Interstate highway means any section of a highway that is part of the national system of interstate and defense highways.

   (d)   Regulation of uses, permitted uses. See section 14-90 for table of permitted uses as a principal use in the interstate highway interchange district. In addition to the uses permitted within the interstate highway interchange are the permitted uses within the underlying district.

   (1)   Additional specifications. 

      a.   Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.

   (2)   Alternative energy systems. Provisions of sections 14-121 through 14-123 shall apply.

   (1)   Additional specifications. 

      a.   Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.

      b.   Outdoor storage must be enclosed by an eight-foot fence; fencing must be opaque or sufficiently screened.

      c.   Automobile/vehicle junkyards and scrap metal operations shall enclose all storage area by an opaque fence or wall at least ten feet in height

   (f)   Minimum building setback requirements. 

   (1)   The minimum building setback in the interstate highway interchange district shall be as follows:

      a.   From any street or access road right-of-way, 30 feet. This street setback requirement applies to all accessory structures, including gasoline pumps, underground tanks, canopies and other similar structures.

      b.   From interior lot line adjoining nonresidential property, ten feet.

      c.   From interior lot line adjoining residential property, 50 feet.

      d.   Parking and loading uses shall not be permitted within 50 feet from the right-of-way line of a street or highway or within 20 feet of any interior lot line.

      e.   From any access easement, 15 feet.

   (g)   Maximum building height requirement. The maximum building height for a building shall be:

   (1)   Adjacent to a residential zoning district shall be 40 feet.

   (2)   Adjacent to a nonresidential zoning district, no height restrictions.

   (h)   Landscaping requirements. The county encourages the property owner or developer to initiate a design for proposed development that preserves and/or enhances existing vegetation on the property, especially within required buffer areas so that the proposed development will be visually in harmony with natural forest vegetation along interstate highways and its access roads.

   (i)   Buffering requirements. All development within the interstate highway interchange district shall conform to the landscaping standards of the design manual and the following:

   (1)   Landscaping. All property lines shall either be landscaped or be left in a naturally wooded state in accordance with the design manual; and

   (2)   Screening and fencing. The planning board or board of commissioners, as appropriate, may require additional screening, fencing or natural buffer area to be provided in all or any part of those tracts where there is outdoor storage, outdoor recreation, accessory building, parking, or where any portion of a use or accessory use may be visible from the interstate highway or any streets within the interstate highway interchange district.

   (j)   Access and circulation. All development within the interstate highway interchange district shall conform to the following requirements:

   (1)   Principal vehicular access points to a development shall be located and designed to encourage smooth traffic flow and minimize hazard to vehicular traffic, pedestrian and bicycle traffic. Accommodation for controlled turning movements into and out of a development and improvements to the approach street should be considered where existing or anticipated heavy traffic flows indicate need.

   (2)   Safe and convenient vehicular access shall be provided for emergency, service and school bus vehicles, where appropriate.

   (3)   Where a lot or tract abuts an arterial or collector road, no ingress or egress shall be allowed from the arterial or collector road if an alternative access is possible from a street of lower classification.

   (k)   Utilities and outdoor lighting. All utility lines in this district shall be placed underground, with the exception of three-phase electrical lines. All outdoor lighting shall be designed so that the lighting shall be shielded in such a manner that no direct glare from the light source can be seen from an interstate highway and its approach streets.

(Ord. of 7-10-2000, § 4.5.3; Ord. of 7-9-2001; Amend. of 3-8-2004; Amend. of 7-12-04, § B); Amend. of 12-06-2010; Amend. of 9-6-2011; Amend. of - - )

   (b)   Intent. The water supply watershed protection district (WSW) is to provide, in designated watershed areas, a higher level of control from activities and situations that could degrade the quality of the water entering the Neuse River, as identified in the watershed protection management plan.

   (c)   Applicability. The provisions of this chapter shall apply within the area designated as a public water supply watershed protection district as defined and established on the map entitled, "Water Supply Watershed Protection District of Johnston County, North Carolina" on the official zoning atlas of the county. Land use and development within this district must comply with all the requirements of this chapter and the underlying zoning district.

   (d)   Exceptions to applicability. The watershed protection requirements of this section shall not apply to development established prior to January 3, 1994, the date of adoption by the Johnston County Board of Commissioners, except as provided in subsection (g) of this section. Furthermore, these requirements shall not apply to a single-family detached dwelling unit or an accessory dwelling unit already developed on a lot.

   (e)   Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

   Best management practices means a structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.

   Buffer means an area of natural or planted vegetation through which stormwater runoff flows in a diffused manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured from the top of the bank of each side of streams or rivers.

   Built-upon area includes that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g., tennis courts), etc. (Note: Wooden slated decks are considered pervious.)

   Critical area means the area that drains one-half mile to a water supply, as measured from the normal pool elevation of reservoirs, or the area that drains one-half mile to a river intake.

   Development means any land-disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.

   Discharging landfill means a landfill which discharges treated leachate and which requires a National Pollution Discharge Elimination System (NPDES) permit.

   Industrial development means any nonresidential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing a product or commodity.

   Major variance means a variance from the minimum statewide watershed protection rules that results in any one of the following:

   (1)   The relaxation, by a factor of ten percent or greater, of any management requirement under the low-density option;

   (2)   Any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system.

   Minor variance means the relaxation, by a factor of up to ten percent, of any management requirement under the low-density option.

   Protected area means the area adjoining and upstream of the critical area in which protection measures are required. The boundaries of the protected area are defined as extending ten miles upstream and draining to water supply or to the ridge line of the watershed whichever comes first.

   (f)   Permits. 

   (1)   Watershed protection permit. 

      a.   Except where provided for elsewhere in this article, no building or built-upon area shall be erected, moved, enlarged or structurally altered, nor shall any building permit be issued nor shall any change in the use of any building or land be made until a watershed protection permit has been issued. No watershed protection permit shall be issued except in conformity with the provisions of this chapter. This permit shall be filed with the county planning department and shall expire at the end of 12 months if not used.

      b.   Watershed protection permit applications shall be filed with the county planning department. The application shall include a completed application form and supporting documentation deemed necessary by the department.

   (2)   Building permit required. Except where provided elsewhere in this article, no building permit required under the state building code shall be issued for any activity for which a watershed permit is required until such permit has been issued.

   (3)   Watershed occupancy permit. 

      a.   Prior to the occupancy or use of a building erected, altered or moved and/or prior to the change of use of any building or land, the building inspections department shall issue a watershed protection occupancy permit certifying that all requirements of this article have been met.

      b.   If the watershed protection occupancy permit is denied, the planning director shall notify the applicant in writing stating the reasons for denial.

   (g)   Existing development; nonconformities. Any existing development, as defined in this article, may be continued and maintained subject to the provisions provided in this article. Expansions to structures classified as existing development prior to January 1, 1994, must meet the requirements of this article; however, the built-upon area of the existing development is not required to be included in the density calculations.

   (h)   Vacant lots. This category consists of vacant lots for which plats or deeds have been recorded in the office of the register of deeds of the county. Lots may be used for any of the uses allowed in the watershed area in which it is located, provided they can meet the minimum lot size requirements of this article, or have been approved prior to the adoption of this article.

   (i)   Occupied lots. This category consists of lots occupied for residential purposes at the time of the adoption of the ordinance from which this article is derived. These lots may continue to be used provided that whenever two or more adjoining lots of record, one of which is occupied, are in single ownership at any time after the adoption of the ordinance from which this article is derived, and such lots individually or together have less area than the minimum requirements for residential purposes specified in this chapter, such lots shall be combined to create lots which meet the minimum size requirements or which minimize the degree of nonconformity.

   (j)   Industrial use of land. This category consists of existing industrial uses and/or the storage of hazardous or toxic materials where a spill containment plan is not implemented and where such use of the land is not permitted to be established in the watershed area. Such existing uses may be continued except as provided for in subsection (k)(2) of this section.

   (k)   Permitted uses. 

   (1)   The following uses are permitted as a principal use in the watershed protection district provided such uses are also permitted in the underlying zoning district and providing that the requirements stated in this section and this article.

      a.   Critical area. 

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

         2.   Silviculture, using BMPs required to implement the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC II.6101.0209).

         3.   Residential development (one dwelling unit per acre, 40,000 square feet minimum lot size).

         4.   Nonresidential development, excluding landfills and sites for land application of residuals or petroleum contaminated soils or septage, mining and quarrying activities and the storage of toxic and hazardous materials unless a spill containment plan is implemented.

      b.   Protected area. 

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

         2.   Silviculture, using BMPs required to implement the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC II.6101.0209).

         3.   Residential development (one dwelling unit per acre, 40,000 square feet minimum lot size).

         4.   Nonresidential development.

   (2)   No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety and welfare. Such conditions may arise from inadequate on-site sewer systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the absence or improper implementation of a spill containment plan for toxic and hazardous materials; the improper management of stormwater runoff; or any situation found to pose a threat to water quality.

   (l)   Minimum land area. The minimum land area for a single-family dwelling located in the water supply watershed protection district shall be:

   (1)   For lots located in an AR district, or in a planned unit development, if connected to the county water and sewer system, two units per acre maximum; and

   (2)   For lots with individual wells and/or septic tanks, one unit per acre.

   (m)   Built-upon area. 

   (1)   Critical area. The maximum area to be built upon for all residential development not listed in subsection (l) of this section and nonresidential development shall be allowed a maximum of 24 percent built-upon.

   (2)   Protected area. The maximum area to be built upon for all residential development not listed in subsection (l) of this section and nonresidential development shall be allowed a maximum of 24 percent built-upon area with a curb and gutter roadway system, or a maximum of 36 percent built-upon area without a curb and gutter roadway system or when utilizing the 10/70 provision up to 70 percent built-upon area with a county approved best management practice.

   (3)   Conflicts. Where built-upon area limits specified in this section conflict with the Johnston County Stormwater Ordinance, the most stringent limit shall apply.

   (n)   Landscaped buffer area required. 

   (1)   Vegetative buffer. A minimum 50-foot vegetative buffer for development activities is required along all perennial and intermittent streams, as indicated on the most recent versions of USGS 1:24,000 (7.5 minute) quadrangle topography maps. New development utilizing the 10/70 option shall require a 100-foot vegetative buffer along all perennial streams, otherwise, a 50-foot-wide vegetative buffer shall be maintained along both sides of all perennial and intermittent streams, rivers or other water bodies as required by the Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Riparian Buffers, Section 3(a-b). The buffer shall be measured from the top of the bank of such streams.

   Determinations of exemption (as noted in 15A NCAC 2B.0233 Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Riparian Buffers, Section 3 (a-b): shall be made by NCDENR Division of Water Quality.

   (2)   No development in buffer; exceptions. No new development shall be allowed in the required vegetative buffer except for water dependent structures and other structures such as flag poles, signs and security lights which result in only diminutive increases in impervious area, and public works projects such as road crossings and greenways where no practical alternative exists. These activities should:

      a.   Minimize built-upon surface area;

      b.   Direct runoff away from the surface waters; and

      c.   Maximize the utilization of best management practices for stormwater control and management.

   (o)   Establishment of the watershed review board. The Johnston County Board of Adjustment shall serve as the watershed review board.

   (p)   Variance. A petition to the board of adjustment, requesting a variance from the standards of the water supply watershed protection district shall comply with the procedures and standards of the development regulations, with the following exceptions:

   (1)   Major and minor variances are differentiated by definition as follows:

      a.   Minor variances shall include petitions for the reduction of any standard of the overlay district by a factor of less than ten percent, except residential density or built-upon regulations.

      b.   Major variances shall include petitions for the reduction of any standard of the overlay district by a factor of more than ten percent; and petitions to increase residential density or built-upon regulations.

      c.   The watershed administrator shall provide a description of each project receiving a variance and the reasons for granting the variance shall be submitted for each calendar year to the NCDENR Division of Water Quality on or before January 1 of the following year.

   (2)   Major variances shall comply with the procedures and standards of the zoning regulations except that:

      a.   A decision by the board of adjustment to deny a major variance may be appealed to the superior court by an aggrieved party. Such appeal shall be in the nature of certiorari and must be filled within 30 days from the filing of the decision in the office of the planning department or the delivery of the notice required in section 14-254, whichever is greater.

      b.   A decision by the board of adjustment to approve a major variance shall be advisory only. The watershed administrator shall within 30 days of the board's decision, forward a record of the board of adjustment hearing, findings, and conclusions to the state environmental management commission for final decision. The preliminary record of the hearing shall include:

         1.   The variance application;

         2.   The hearing notices;

         3.   The evidence presented;

         4.   Motions, offers of proof, objections to evidence, and rulings on them;

         5.   Proposed findings and expectations;

         6.   The proposed decision, including all conditions proposed to be added to the permit.

   (3)   The board of adjustment may advise approval of a major variance petition upon satisfying the finding that significant community economic or social benefit would be derived from the granting of the variance.

(Ord. of 7-10-2000, § 4.5.4; Ord. of 12-109-2001; Ord. of 1-13-2004; Amend. of 01-04-2010(2); Amend. of 8-3-2020; Amend. of - - )

   (a)   Purpose. The purpose of the municipal transition district (MTD) is to provide regulations that protect and preserve the natural scenic beauty of the county while allowing the orderly development of land that requires public municipal water and sewer services to be located near municipalities. It is the intent of these regulations that development in the municipal transition district shall be in harmony with local development plans, site regulations and specifications, and shall preserve to the extent possible, the natural beauty and character of the district and the county as a whole.

   (b)   Applicability. Municipal transition districts shall be appropriately located and adjacent to the counties municipalities and be so defined as that area that can be reasonably serviced by the future extension of the municipalities water and sewer systems. The boundaries of the municipal transition district are established as shown on the official zoning atlas which is on file and available in the county offices.

   (c)   Permitted uses. 

   (1)   In addition to the uses permitted in the underlying zoning district, the following uses are permitted as a principal use in the municipal transition district:

      a.   Residential development at a density of 2.5 dwelling units per acre of gross land area.

      b.   Residential development at a density of 4.0 dwelling units per acre of gross land area.

   (2)   The following standards shall apply:

      a.   All dwelling units must be connected to a county or municipal water supply and sanitary sewer system, or an alternative sanitary sewer system acceptable to the county.

      b.   All 4.0 units per acre developments must be located on an arterial or collector street as identified in the county design manual.

      c.   Minimum building setback requirements:

         1.   The minimum building setback for a 2.5 unit per acre development shall be 25 feet from any street right-of-way and ten feet from any interior lot line.

         2.   The minimum building setback for a 4.0 unit per acre development shall be five feet from any street right-of-way and interior lot line.

         3.   The minimum building setback from any access easement shall be 15 feet.

   (3)   A zero lot line is allowed whereby a structure is allowed with no setback from one interior lot line as long as the minimum building setback for the corresponding opposite interior lot line is a minimum of 20 feet for a 2.5 unit per acre development and ten feet for a 4.0 unit per acre development.

   (d)   Provision of common open space or recreation area requirements. 

   (1)   Minimum common open space or recreation area. All residential development within the municipal transition district shall provide or dedicate open space or recreation areas suitable for the resident's common passive recreational use, or make a payment in lieu of provision or dedication. The total open space or recreation land area shall be at least ten percent of the total gross land area of the development. A 60-foot buffer area shall be provided along the site's frontage with an arterial or collector road as defined in the county design manual; this buffer area may be counted as part of the developments common open space requirement. If applicable, all wetlands and/or riparian buffer areas shall be designated as common open space. In developments containing wetlands and/or riparian buffer areas, at least one-half of the ten percent common open space dedication shall be provided outside of wetlands and/or riparian buffer areas.

   (2)   Method of provision or dedication. Land provided or dedicated for open space or recreation purposes shall be designated on a final plat duly recorded with the county register of deeds. Such open space land can be dedicated or deeded to an appropriate public body, land trust, or nonprofit, or for-profit organization established for the purpose of land conservation or recreational purposes; or create a neighborhood or homeowners' association for the continuing maintenance and control of common open space or recreation area.

   (3)   Payments in lieu of provision or dedication. In lieu of providing or dedicating common open space or recreation area required pursuant to this section, a developer of a subdivision or planned development may choose to make a payment to the county whereby the county may acquire common open space land. The county shall use such payment only for the acquisition or development of open space, recreation, or park sites to serve residents of the county. The amount of the payment shall be the product of the total number of lots or dwelling units proposed times $800.00. The developer shall make the payment before approval of a final plat or issuance of a land use permit; provided however, that the planning director may allow phasing of payments consistent with the approved phasing of the development.

(Ord. of 7-10-2000, § 4.5.5; Ord. of 7-9-2001; Amend of 7-12-04, § B))

   Amendments to the boundary of an overlay district shall be made consistent with article XI, division 4 of this chapter. Requests to expand an existing overlay district boundary shall only be considered where such request abuts, adjoins, or is contiguous to, the established overlay district boundary.

(Ord. of 7-10-2000, § 4.6)