Middleburg City Zoning Code

ZONING MAP

§ 156.030 ADOPTION.

(A) For the purposes of this chapter, Vance County is hereby divided into zones whose locations and boundaries are shown on the Official Zoning Map for Vance County, which is hereby adopted by reference and declared to be a part of this chapter. This zoning map and all the notations, references, and all amendments thereto, and other information shown thereon are hereby made a part of this chapter, the same as if such information set forth on the map were all fully described and set out herein. The zoning map properly attested is on file in the Vance County Planning and Development Department and is available for inspection by the public.

(B) The Planning and Development Director or his/her designee shall be responsible for the maintenance and revision of the official zoning map. Upon notification by the Board of Commissioners that a zoning change has been made, the Planning and Development Director or his/her designee shall make the necessary changes on the official zoning map.

(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)

§ 156.031 INTERPRETATION OF ZONE BOUNDARIES.

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

(A) Unless otherwise specifically indicated, where zone boundaries are shown on the zoning map as approximately parallel or following the center lines of streets, highways, utility easements, or stream beds, or such lines extended, such lines shall be construed as such zone boundaries.

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

(C) Where a zoning boundary line divides a parcel (also referred to as a lot - see § 156.015 for definition of LOT) in single ownership, the requirements for the zone in which the greater portion of the lot lies shall be extended to the balance of the lot, provided such extension shall not include any part of such lot which lies more than 50 feet beyond the zoning boundary, and further provided that the remaining parcel shall not be less than the minimum required for the zone where it is located.

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

(E) The Board of Adjustment shall be empowered to interpret the intent of the zoning map as to the location of zone boundaries in case any further uncertainty exists.

(F) The zoning category for the individual property shall be noted on the property owners county tax bill:

(1) Said identification and notation of zoning for individual properties shall be conducted within 12 months after the date of adoption of this chapter.

(2) Upon the adoption of this chapter and completion of notation for zoning for all individual properties, future re-zonings that are approved through the process outlined in this chapter, shall be noted in the Vance County Tax Office within 90 days of the approved re-zoning.

(3) It shall be the responsibility of the county residents or their agents or an absentee landowner or their agent and all persons or parties with interest in property within Vance County, to research potential re-zonings with the Vance County Planning and Development Department and the Vance County Tax Office.

(Ord. 39, passed 10-3-2011)

§ 156.032 ZONES; DESCRIPTIONS AND DIMENSIONS.

(A) In order that the purpose of this chapter may be accomplished, the planning and zoning limits of Vance County, as set forth on the accompanying zoning map, is hereby divided into the following zones:

(1) Residential: A-R (Agricultural Residential), W-O-Z (Watershed Overlay Zone), R-30 (Residential Low Density), R-20 (Residential Medium Density), R-10 (Residential High Density), O-S (Open Space Preservation), R-M-H-C (Residential Manufactured Housing Community).

(2) Non Residential: E-I-A (Employment and Institutional Area), H-C (Highway Commercial), G-C-1 (General Commercial) L-I (Light Industrial), I-M (Industrial Mining/Quarry), O-I (Office-Institutional).

(3) Roanoke River Basin: The State of North Carolina has adopted a river basin management plan to protect water quality for the Roanoke River Basin (and for all 17 river basins in North Carolina). Development in Vance County occurring in the Roanoke River Basin shall comply with these regulations; the Raleigh office of the North Carolina Division of Water Quality (NCDWQ) enforces water quality protection. The current revision of the Roanoke River Basinwide Water Quality plan was adopted in September 2006. The next revision will be due in 2012.

(B) Riparian buffer rules and additional criteria related to zoning. The State of North Carolina has adopted riparian buffer rules that affect the Tar-Pamlico River Basin. These rules apply to 50-foot wide riparian buffers (on each side - total of 100 feet) directly adjacent to surface waters in the Tar-Pamlico Basin (intermittent streams, perennial streams, lakes, ponds, estuaries), excluding wetlands. Development in Vance County occurring in the Tar-Pamlico River Basin shall comply with these regulations, the Raleigh office of the North Carolina Division of Water Quality (NCDWQ) enforces the riparian buffer protection rules (information below per North Carolina Department of Environmental and Natural Resources- NCDENR):

(1) On August 1, 2000 mandatory buffer rules (15A NCAC 2B.0233) became effective for most streams and water bodies in the Tar-Pamlico River Basin. A 50-foot wide buffer is required on each side of those water bodies that qualify for protection. This buffer must be implemented, coordinated with establishing a Streamside Management Zone (SMZ) - per NC Forest Practices Guidelines (FPG) Related to Water Quality.

(2) A "Forestry Leaflet" was published in April 2004 by the NC Division of Forest Resources (NCDFR), briefly summarizing the requirements of these buffer rules as related to timber harvesting and forestry operations in the Tar-Pamlico River Basin. These riparian buffer rules place limitations on timber harvesting and other forestry activities (due to these restrictions, it is important to determine if a stream or waterbody located on a job site is in Tar-Pamlico River Basin).

(3) The NCDFR can help loggers, landowners, and land managers determine if a stream or waterbody requires the implementation of these riparian buffer rules (contact the NCDFR District Office, NCDENR Regional Office, or visit the NCDWQ Web site for assistance on activities related to riparian buffer rules).

(4) Per the Vance County Subdivision Ordinance, Chapter 155 of this Code, the following applies to zoning:

(a) All sewage facilities shall be located 100 feet from any existing well or proposed new well. This requirement may be reduced to 50 feet with written approval from the Vance County Health Department.

(b) Lots located adjacent to Kerr Lake shall be allowed a zero lot line setback from the US Army Corps of Engineers property line.

(C) Cul-de-sacs and flag lots. The following shall apply for cul-de-sacs and flag lots (see § 156.015 for definitions). The minimum road frontage can be reduced to no less than 35 feet and the minimum lot width requirement per individual zoning category shall be measured from the minimum setback line per the individual zoning category. The maximum building setback line shall be no more than 4 times the minimum setback requirement. In general (with coordination between the applicant and Vance County Planning and Development staff) the minimum lot width/street frontage identified in each zoning category below is encouraged. When developing a subdivision (per the Vance County Subdivision Ordinance, Chapter 155 of this Code), up to 25% of the lots in that subdivision may be allowed a reduced minimum lot width/street frontage as identified in this section.

(D) Minimum requirements for water and sewer service. For purposes of providing water and sewer service to individual lots, for both public water and sewer or private well and septic, the following shall apply:

(1) In the A-R, R-30, H-C, G-C-1, L-I, E-I-A, and O-I zones: Lot size minimum requirements are the same for public water/sewer or private well/septic and must meet all applicable regulations per the Vance County Health Department if a private well/septic system is used.

(2) In the R-20 and R-10 zones: Lot size minimum requirement is with access to public water/sewer only, this zone is not intended for use with private well/septic systems.

(3) Wells and/or water supplies, septic tanks and/or temp/power poles shall not be installed for camper use unless installed in accordance with other regulations herein.

(4) If a combination of a well (other water supplies included), septic tank or temp/power pole is located on the lot, without a primary dwelling:

(a) A camper may not be present on the lot for more than 14 consecutive calendar days; and

(b) If a camper is present for more than 3 consecutive calendar days (or more than 4 consecutive calendar days for the Labor Day and/or Memorial Day holidays), it shall not return to the lot within 30 calendar days from the day of removal.

(E) A-R Agricultural Residential. Established for primarily rural, agricultural, and sparsely spaced residential development. Standards are designed to preserve the rural character of Vance County by prohibiting uses incompatible with rural and low-density residential development. Certain non-residential uses are allowed, either as a matter of right or on a conditional basis. Dimensional requirements are as follows:

(1) Minimum lot area in square feet: 1 acre (43,560 square feet);

(2) Minimum lot width: 150 feet (see division (C) above - cul-de-sacs/flag lots);

(3) Minimum street frontage: 150 feet (see division (C) above - cul-de-sacs/flag lots);

(4) Maximum building height: 35 feet;

(5) Maximum dwelling units (density per acre): 1.00;

(6) Maximum lot coverage - net area (built-upon area): 24%;

(7) Minimum setbacks: front - 50 feet, side - 25 feet, rear - 35 feet.

(F) W-O-Z Watershed Overlay Zone. Established primarily for the protection of the county's residential growth areas from incompatible land uses and to protect Vance County's watersheds (Anderson Creek and Tar-Pamlico) as determined by the North Carolina Department of Environmental and Natural Resources (NCDENR). Certain non-residential uses are allowed, either as a matter of right or on a conditional basis with approval by the Vance County Watershed Review Board (See Watershed Protection Ordinance, Chapter 154 of this Code). The lot size minimum requirements outlined below are to provide protection for the land and natural resources, and to protect water quality. These overlay zones are superimposed over other zoning categories in these areas and may modify provisions for those underlying zones in relation to allowed uses and standards for development. All development of property located in the Watershed Overlay Zones shall be in accordance with NCDENR (state requirements shall prevail where they are more stringent than existing requirements for development). All development in the Watershed Overlay Zones shall also be subject to review and approval by the Watershed Review Board and when necessary by the Zoning Board of Adjustment and/or the Planning Board. The following applies in the Anderson Creek and Tar Pamlico watersheds (and shall comply with the Vance County Water Supply Watershed Protection Ordinance, Chapter 154 of this Code):

(1) Lots shall not be reduced below 43,560 square feet in watershed areas with a WS-III-CA (critical area) designation.

(2) Lots shall not be reduced below 35,000 square feet in watershed protection areas with a WS-III-BW (balance of watershed) or WS-IV-PA (protected area) designation, under any circumstances.

(3) In regards to impervious surface coverage (built-upon area) the following shall apply:

1. WS-III-CA (critical area): In order to maintain a low to moderate land use intensity pattern, single family residential uses are allowed at a maximum of 1 dwelling unit per acre (43,560 square feet). All residential, other than single family residential and non-residential development shall be allowed to a maximum of 12% built-upon area.

2. WS-III-BW (balance of watershed): In order to maintain a low to moderate land use intensity pattern, single family detached uses shall be developed with a minimum lot size of 35,000 square feet, where a larger size may be required by the Vance County Health Department, in accordance with "Laws and Rules for Sewage Treatment and Disposal Systems", North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Health, On-Site Wastewater Section". All residential, other than single family residential and non-residential development shall be allowed a maximum of 24% built-upon area.

3. WS-IV-BW (balance of watershed): In order to address a moderate to high land use intensity pattern, single family residential uses shall develop with a minimum lot size of 35,000 square feet, where a larger size may be required by the Vance County Health Department, in accordance with "Laws and Rules for Sewage Treatment and Disposal Systems", North Carolina Department of Environment, Health and Natural Resources, Division of Environmental Health, On-Site Wastewater Section" or within an approved cluster development. All residential, other than single family residential, and non-residential development shall be allowed at a maximum of 24% built-upon area or 36% built-upon area is allowed for projects without a curb and gutter street system.

(4) No request for a reduction of lot size will be considered unless submitted with appropriate evidence.

(5) Minimum setbacks (and lot width minimum) are identified below:

1. Anderson Creek - critical area WS-III-CA (lot width minimum 150 feet):

a. Front: 50 feet;

b. Side: 25 feet;

c. Rear: 35 feet.

2. Anderson Creek - balance of watershed WS-III-BW (lot width minimum 100 feet):

a. Front: 40 feet;

b. Side: 25 feet;

c. Rear: 30 feet.

3. Tar Pamlico - balance of watershed WS-IV-BW (lot width minimum 100 feet):

a. Front: 30 feet;

b. Side: 20 feet;

c. Rear: 25 feet.

4. For cul-de-sacs and flag lots see division (C) above.

(G) R-30 Residential Low Density. Established primarily for the protection of the county's residential growth areas from incompatible land uses. This zone is characterized by lot sizes compatible with State of North Carolina minimum requirements for adequate space to incorporate a private septic system and repair area. This zone is further characterized as being within the public water (and/or sewer) service area or proposed service area. The primary use in this area is residential, with some areas of the county suitable for agricultural uses. Certain non-residential uses are allowed, either as a matter of right or on a conditional basis. Dimensional requirements are as follows:

(1) Minimum lot area in square feet: 30,000 square feet;

(2) Minimum lot width: 100 feet (see division (C) above - cul-de-sacs/flag lots);

(3) Minimum street frontage: 100 feet (see division (C) above - cul-de-sacs/flag lots);

(4) Maximum building height: 35 feet;

(5) Maximum dwelling units (density per acre): 1.45;

(6) Maximum lot coverage-net area (built upon area): 20%;

(7) Minimum setbacks: front - 30 feet; side - 20 feet; rear - 25 feet.

(H) R-20 Residential Medium Density. Established primarily for the protection of the county's residential growth areas from incompatible land uses. This zone characterized as being within the public water (and/or sewer) service area or proposed service area. The primary use in this area is residential. Certain non-residential uses are allowed, either as a matter of right or on a conditional basis. Dimensional requirements are as follows:

(1) Minimum lot area in square feet: 20,000 square feet;

(2) Minimum lot width: 80 feet (see division (C) above - cul-de-sacs/flag lots);

(3) Minimum street frontage: 80 feet (see division (C) above - cul-de-sacs/flag lots);

(4) Maximum building height: 35 feet;

(5) Maximum dwelling units (density per acre): 2.17;

(6) Maximum lot coverage-net area (built-upon area): 25%;

(7) Minimum setbacks: front - 25 feet; side - 15 feet; rear - 20 feet.

(I) R-10 Residential High Density. Established primarily for the protection of the county's residential growth areas from incompatible land uses. This zone characterized as being within the public water (and/or sewer) service area or proposed service area. The primary use in this area is residential. Certain non-residential uses are allowed, either by right or a conditional basis. Dimensional requirements are as follows:

(1) Minimum lot area in square feet: 10,000 square feet;

(2) Minimum lot width: 75 feet (see division (C) above - cul-de-sacs/flag lots);

(3) Minimum street frontage: 75 feet (see division (C) above - cul-de-sacs/flag lots);

(4) Maximum building height: 35 feet;

(5) Maximum dwelling units (density per acre): 4.5;

(6) Maximum lot coverage - net area (built-upon area): 30%;

(7) Minimum setbacks: front - 20 feet; side - 10 feet; rear - 15 feet.

(J) O-S Open Space (Open Space Preservation). Established for areas focus on preservation of natural resources with limited residential development allowed. This development is to promote the economic use and conservation of land for natural resources use, managed residential development, non-intensive recreational use, and limited (low intensity) commercial development that will serve the recreational use of the natural resources. Although not exclusive, this zone is characterized as not having access to public utilities such as water or sewer. Certain non-residential uses are allowed, either as a matter of right or on a conditional basis. Dimensional requirements are as follows:

(1) Minimum lot area in square feet: 1 acre (43,560 square feet);

(2) Minimum lot width: 150 feet (see division (C) above - cul-de-sacs/flag lots);

(3) Minimum street frontage: 150 feet (see division (C) above - cul-de-sacs/flag lots);

(4) Maximum building height: 35 feet;

(5) Maximum dwelling units (density per acre): 1.0;

(6) Maximum lot coverage - net area (built-upon area): 20%;

(7) Minimum setbacks: front - 50 feet; side - 25 feet; rear - 35 feet.

(K) R-M-H-C (Planned Manufactured Housing Community). This zone will include residences and related recreational, commercial, and service facilities, subject to the Vance County Manufactured Housing Park Ordinance, Chapter 152 of this Code, and detailed site plan approval (refer to Chapter 152 for dimensional requirements, lot sizes, and infrastructure requirements: water, sewer, roads). Where applicable to develop a manufactured home community (also called a mobile home park) in other zoning categories as identified in this chapter, the more restrictive regulations of that particular zoning category shall apply in addition to the development standards as outlined in Chapter 152.

(L) E-I-A Employment and Institutional Area. Established to provide suitable sites for a concentration of non-retail employment and institutional uses and services such as medical, manufacturing, office, religious, educational, recreational, and governmental. Dimensional requirements are as follows:

(1) Minimum Lot area: 2 contiguous acres, 1 acre with public water and sewer;

(2) Minimum lot width: 150 feet (125 feet with public water and sewer) (see division (C) above - cul-de-sacs/flag lots);

(3) Minimum street frontage: 150 feet (125 feet with public water and sewer) (see division (C) above - cul-de-sacs/flag lots);

(4) Minimum setbacks**: front - 75 (50) feet; side - 25 (20) feet; rear - 75 (50) feet;

(5) Maximum building height: n/a (not applicable);

** Any building height above 50 feet shall require the front, side, and rear setbacks to be increased 1 foot for every 2 feet increase in building height.

(6) Landscaping/buffering required: See § 156.055 on buffering and screening requirements;

(7) Maximum lot coverage - net area (built-upon area): 60%.

(M) H-C Highway Commercial. Established primarily for business catering to the auto traveling public requiring large lots, easy access, ample parking and loading space, and little pedestrian movement. Retail trade and services for the convenience of nearby residential areas is also a function of this zone. Generally this zone is located along established or proposed highway corridors - mainly at intersections and interchanges. Dimensional requirements are as follows:

(1) Minimum lot area in square feet: 43,560 square feet;

(2) Minimum lot width: 125 feet (see division (C) above - cul-de-sacs/flag lots);

(3) Minimum street frontage: 125 feet (see division (C) above - cul-de-sacs/flag lots);

(4) Minimum setbacks**: front - 50 feet; side - 10 feet; rear - 25 feet;

(5) Maximum building height: n/a (not applicable);

(6) Landscaping/buffering required: See § 156.055 on buffering and screening requirements;

(7) Maximum lot coverage - net area (built-upon area): 60%.

(N) G-C-1 General Commercial. Established to provide an area of retail and service commercial activities, size will vary according to the trade area. This area will include retail commercial uses that are related to the supply needs and frequent demand/daily requirements of a particular area. Dimensional requirements are as follows:

(1) Minimum lot area in square feet: 43,560 square feet;

(2) Minimum lot width: 125 feet (see division (C) above - cul-de-sacs/flag lots);

(3) Minimum street frontage in feet: 125 feet (see division(C) above - cul-de-sacs/flag lots);

(4) Minimum setbacks**: front - 75 feet; side - 25 feet; rear - 50 feet;

** Any building height above 50 feet shall require the front, side, and rear setbacks to be increased 1 foot for every 2 feet increase in building height.

(5) Maximum building height: n/a (not applicable);

(6) Landscaping/buffering required: see § 156.055 on buffering and screening requirements;

(7) Maximum lot coverage - net area (built-upon area): 60%.

(O) L-I Light Industrial. Established where the principal land use is for wholesale activities, industrial, research, warehousing, light manufacturing operations, and some institutional uses. The standards established are designed to promote sound, permanent, light industrial development and to protect abutting or surrounding residential areas from any undesirable aspect of such uses. The zone is to be located in an area that has good access to transportation facilities, affords reasonably level sites, and permits expansion of existing industrial areas wherever possible and appropriate to the character of land development. When possible, the zone shall be separated from residential areas by natural/structural boundaries such as drainage channels, sharp breaks into topography, strips of vegetation, traffic arteries and/or similar features. Residential, retail commercial, and service land uses are either prohibited or discouraged in the zone as they may be incompatible with the primary permitted uses. Dimensional requirements are as follows:

(1) Minimum lot area in square feet: 80,000 square feet;

(2) Minimum lot width: 150 feet (see division (C) above - cul-de-sacs/flag lots);

(3) Minimum street frontage: 150 feet (see division (C) above - cul-de-sacs/flag lots);

(4) Minimum setbacks**: front - 75 feet; side - 25 feet; rear - 75 feet;

(5) Maximum building height: n/a (not applicable);

(6) Landscaping/buffering required: See § 156.055 on buffering and screening requirements;

(7) Maximum lot coverage - net area (built-upon area): 75%.

** Any building height above 50 feet shall require the front, side, and rear setbacks to be increased 1 foot for every 2 feet increase in building height.

(P) I-M Industrial-Mining/Quarry. Established where the principal land use is for industrial mining and quarry activities. The standards established are designed to promote safe and managed operations of mining and quarry industry and to protect abutting-surrounding residential areas from any undesirable aspect of such uses. The zone is to be located in an area that has good access to transportation facilities, affords reasonably level sites, and permits expansion of existing industrial areas wherever possible and appropriate to the character of land development. When possible, the zone shall be separated from residential areas by natural/structural boundaries such as drainage channels, sharp breaks into topography, strips of vegetation, traffic arteries and/or similar features. Residential, retail commercial, and service land uses are prohibited in the zone as they may be incompatible with the permitted uses. The following elements shall be required for mining operations in Vance County:

(1) Blasting time: 8:00 a.m. to 5:00 p.m., Monday through Friday, and conforming to State Vibration Policy;

(2) Monitoring wells: Case by case basis where needed; required on rock quarries;

(3) Fencing: 6-foot fence required for all mining, including sand and clay mining when the excavation depth poses a hazard;

(4) Setback for excavation: minimum 50 feet for all mining, except rock quarries where 200 feet is required from property lines and zoning lines;

(5) Buffer zone (undisturbed area): minimum of 25 feet on sand and clay mining, minimum of 50 feet for all other mining. This use shall also comply with § 156.055 screening and buffering requirements;

(6) Roads: shall be paved or treated otherwise to conform to standards set forth in the Clean Air Act;

(7) Minimum setbacks**: front - 75 feet; side - 25 feet; rear - 75 feet.

** Any building height above 50 feet shall require the front, side, and rear setbacks to be increased 1 foot for every 2 feet increase in building height.

(Q) O-I Office-Institutional. Established to provide an area of predominantly non-retail commercial nature such as professional businesses, medical offices, or related administrative services (area may include uses related to the supply needs and demand/daily requirements of an area with a minimum of customer travel). Dimensional requirements are as follows:

(1) Minimum lot area in square feet: 40,000 square feet;

(2) Minimum lot width: 150 feet (see division (C) above - cul-de-sacs/flag lots);

(3) Minimum street frontage: 150 feet (see division (C) above-cul-de-sacs/flag lots);

(4) Minimum setbacks**: front - 50 feet; side - 25 feet; rear - 25 feet;

(5) Maximum building height: n/a (not applicable);

(6) Landscaping/buffering required: See § 156.055 on buffering and screening requirements;

(7) Maximum lot coverage - net area (built-upon area): 65%.

(R) Middleburg Overlay Zone. Established to include the Town of Middleburg within the county's zoning jurisdiction as requested by the Middleburg Town Council and approved by the Vance County Board of Commissioners. All current regulations and requirements within the existing Vance County Zoning Ordinance shall apply except as follow:

(1) New manufactured homes shall not be allowed within the Middleburg Overlay Zone. Existing manufactured homes may be continued, provided they conform to the provision of section 5.

(2) Nonconforming lots, structures or uses within the Town of Middleburg as of the date of this amendment may be continued, provided they conform to the provisions of section 5.

(3) Existing junk yards, outdoor storage and signs that do not meet current zoning regulations, will be given an amortization period of 180 days from the date of the adoption of this chapter amendment to become compliant.

** Any building height above 50 feet shall require the front, side, and rear setbacks to be increased 1 foot for every 2 feet increase in building height.

(Ord. 39, passed 10-3-2011; Am. Ord. passed 1-7-2013; Am. Ord. passed 3-6-2017; Am. Ord. passed 1-6-2020)

§ 156.033 TABLE OF PERMITTED USES.

(A) With the various zones as indicated on the Official Zoning Map of Vance County, North Carolina, no land, building, or structure shall be used, and no building or structure shall be erected or altered, except in conformance with the provisions of this chapter. Any use not specifically permitted is prohibited. Where more than 1 use occupies a building or premises, the zoning requirements for each use shall be adhered to as set forth in this chapter:

(1) P indicates uses permitted by right.

(2) X indicates a prohibited use.

(3) SUP indicates uses permitted as a special use upon approval by the Board of Adjustment. Standard conditions are set forth in §§ 156.080 through 156.089. Additional conditions may be placed on specific uses by the Board of Adjustment to insure the intent of this chapter is met. Should any interpretation conflict arise between special use allowed under this Table an appeal may be filed with the Board of Adjustment and Appeals as provide and in accordance with §§ 156.150 through 156.158.

(B) The purpose of this section is to identify uses permitted within Vance County not inclusive of the incorporated limits City of Henderson or its extraterritorial jurisdiction (ETJ). The chart below applies to new uses/construction after the effective date of this chapter so as to avoid undue hardship by permitting the continued use of any building, structure, or property that was lawful at the time of the enactment of this chapter or any applicable amendment thereof, even though such use, structure or property does not conform with the provisions of this chapter. There may exist circumstances which require continuance of a non-conforming use in the event of a natural or man-made disaster, which is addressed in §§ 156.070 through 156.075. This Table of Permitted Uses is not intended to limit or prevent certain operations that are a normal secondary extension (part) of existing development and uses.

(Ord. 39, passed 10-3-2011; Am. Ord. passed 1-7-2013; Am. Ord. passed 2-4-2013; Am. Ord. passed 7-6- 2015; Am. Ord. passed 3-6-2017; Am. Ord. passed 3-6-2017; Am. Ord. passed 3-11-2019; Am. Ord. passed 10-7-2019; Am. Ord. 5-3-2021)

{To view the Table of Permitted Uses in PDF, click HERE}

TABLE OF PERMITTED USES

USE TYPE

Reference Sections

R3 0

R2 0

R1 0

RM HC

H C

GC 1

EI A

O I

O S

WO Z

PARKING - LOADING

AGRICULTURAL

Bona fide farms (includes raising poultry, or livestock for commercial use)

§ 156.005

SU P

N/A

Commercial stables

SU P

Parking: 1/300 SF + 1 per 3 stalls

Loading: 1 per 40 stalls

Farming (greenhouses - nurseries, not bona fide farms)

SU P

Parking: 1/250 SF

Loading: 1 per 5 bays

RESIDENTIAL USES

Single family, detached/ subdivisions) stick built, modular - definitions

§ 156.015

§ 156.032

§ 156.057

§ 156.058

§ 156.107

Parking: 3 per dwelling unit

Loading: N/A

Multi-family dwellings (duplex, triplexes)

§ 156.015

§ 156.080

§ 156.107

C U

Parking: 2 per dwelling unit

Loading: N/A

Multi-family dwellings (townhouses, apartments, condominiums)

§ 156.015

§ 156.058

§ 156.089

§ 156.107

C U

Parking: 2 per dwelling unit

Loading: N/A

Manufactured home (single wide/double wide - definitions per Chapter 155

§ 156.015

§ 156.032

§ 156.057

Parking: 2 per dwelling unit

Loading: N/A

Manufactured home park (single wide/double wide) per Chapter 155

§ 156.015

§ 156.062

SU P

Parking: 2 per dwelling unit

Loading: N/A

Planned unit development (PUD)

§ 156.015

SUP

SU P

SUP

SU P

Parking: 2 per dwelling unit

Loading: N/A

HOME USES

Home occupations/business (definitions)

§ 156.015

SU P

SUP

SU P

Parking: 2 per employee

Loading: N/A

Home care unit (definitions)

§ 156.015

Parking: 3 per dwelling unit

Loading: N/A

Family care home (group home - definitions)

§ 156.015

Parking: 3 per dwelling unit

Loading: N/A

Day care home (children, adult - definitions)

§ 156.015

Parking: 1 per 7 child-adult + 1 per employee

Loading: N/A

INSTITUTIONAL USES

Day care facility (children, adults

§ 156.015

SUP

1- acre

min.

SU P

Parking: 1 per 7 child-adult + 1 per employee

Loading: N/A

Home for the aged or rest home (definitions)

§ 156.015

SUP

SU P

Parking: 33 spaces per room

Loading: N/A

Assembly and worship (churches, synagogues, mosques, etc.)

§ 156.102

Parking: 1/3 seats

Loading: 1 per 40,000 SF

Retirement Community (planned community

§ 156.015

SU P

Parking: 33 spaces per room

Loading: N/A

Schools (kindergarten, nursery, elementary, middle-high schools)

§ 156.089

SU P

Parking: 2 per classroom

Loading: 1/40,000 SF

College (community and university)

§ 156.089

SU P

Parking: 1 per 2 students

Loading: 1/40,000 SF

Hospitals

§ 156.089

§ 156.111

SU P

Parking: 1 per bed

Loading: 1/33,000 SF

Fire stations, police stations, EMS stations (public safety facilities)

Parking: 1 per employee + 1 stored vehicle

Loading: 1/loading bay

Medical and dental clinics

§ 156.089

§ 156.111

SU P

SUP

SU P

Parking: 4.5/1,000 SF

Loading: 1/30,000 SF

Public utilities (substations, water-sewer pump stations, water tanks)

Parking: 1/1,000 SF

Loading: 1/2,000 SF

COMMERCIAL USES

Agricultural support and services (see definitions)

§ 156.015

§ 156.089

SU P

Parking: 1/25 SF

Loading: 1.5/bay

Bed and breakfast/

country inn

§ 156.015

§ 156.089

SU P

Parking: 1 per room + 2 extra spaces for facility

Loading: N/A

General store

§ 156.015

§ 156.089

SU P

Parking: 4/1,000 SF

Loading: N/A

Animal hospitals - veterinary clinics

§ 156.089

§ 156.111

SU P

Parking: 3/1,000 SF

Loading: 1/30,000 SF

Kennels

§ 156.015

Parking: 1 per 300 SF + 1 per 3 stalls

Loading: 1 40 stalls

Commercial lodging (motels, hotels)

§ 156.015

§ 156.089

§ 156.111

SU P

Parking: 1/room + 2 extra spaces for facility

Loading: 2 per 40,000 SF

Retail

§ 156.089

§ 156.111

SU P

Parking: 4/1,000 SF

Loading: 1/30,000 SF

Shopping center

§ 156.015

§ 156.102

§ 156.108

SU P

Parking: 1/200 SF

Loading: 1 per 25,000 SF

Gas stations

§ 156.015

§ 156.089

SU P

Parking: 1 per 1,000 SF + 1 per pump station

Loading: 1/20,000 SF

Alcohol sales (ABC store)

§ 156.089

SU P

Parking: 4/1,000 SF

Loading: N/A

Office

§ 156.015

§ 156.111

SU P

Parking: 4/1,000 SF

Loading: 1/33,000 SF

Lumber yard and building supplies sales

§ 156.089

§ 156.111

SU P

Parking: 4 per 1,000 SF

Loading: 2 per 30,000 SF

Vehicle/Boat sales

§ 156.089

§ 156.111

SU P

Parking: 1/15 vehicles on lot

Loading: 2/30,000 SF

Vehicle/boat repair/service garage

§ 156.015

§ 156.089

SU P

Parking: 1/15 vehicles on lot

Loading: 2/30,000 SF

Auto-boat-RV storage

§ 156.089

§ 156.106

§ 156.111

SU P

Parking: 1/15 vehicles on lot

Loading: 2/30,000 SF

Restaurants

§ 156.089

§ 156.111

SU P

Parking: 12 per 1,000 SF gross floor area

Loading: N/A</v

Junkyard (also called a salvage yard)

§ 156.015

§ 156.089

§ 156.106

SU P

Parking: 1 per 2,000 SF storage + 1 per vehicle

Loading: N/A

Electronic gaming operations

§ 156.015

§ 156.089

SU P

Parking: 1/100 SF OR 1 per 2 terminals (whichever greater)

RECREATION AND AMUSEMENT USES

Campgrounds, recreational vehicle parks (see definitions)

§ 156.015

§ 156.089

SU P

Parking: 1 travel trailer + 1 per 350 SF office space

Loading: 1

Commercial amusement

(indoor)

SU P

Parking: 6 per 1,000 SF

Loading: 1

Commercial amusement

(outdoor)

SU P

Parking: 1 per 3 seats or 1.25 per play area

Loading: N/A

Theaters

SU P

Parking: 1 per 3 seats

Loading: 1 per 40,000 SF

Public recreation (centers, parks, fields, playgrounds, pools, facilities)

§ 156.089

SU P

SUP

SU P

Parking: 1 per 4,000 SF of area

Loading: N/A

INDUSTRIAL USES

Disposal (waste and sewerage)

§ 156.107

SU P

Parking: 1 per vehicle

Loading: 1 per vehicle

Extraction (mining)

§ 156.015

§ 156.089

§ 156.107

SU P

Parking: 1 per vehicle

Loading: 1 per vehicle

Convenience Center

§ 156.015

§ 156.089

§ 156.107

SU P

Parking: 1 per employee

Land clearing inert debris landfill, major (greater than 2 acres)

SU P

N/A

Land clearing inert debris landfill, minor (less than 2 acres)

SU P

N/A

Recycling and/or storage

SU P

Parking: 2 per 1,000 SF

Loading: 1.25/bay

Manufacturing

SU P

Parking: 1/500 SF + 1 vehicle

Loading: 1/20,000 SF

Machine and welding shops (see definitions - home occupation - industrial or commercial nature)

§ 156.089

§ 156.107

SU P

Parking: 1 per 500 SF + 1 per vehicle

Loading: 1/20,000 SF

Petroleum/HazMat, bulk storage (all fire/safety regulations are met)

SU P

Parking: 1 per 2,000 SF

Loading: 1.5/bay

Warehousing (includes mini-storage), distribution and logistics

SU P

Parking: 1 per 2,000 SF

Loading: 1.5/bay

SPECIAL USES

Adult establishments

SU P

Parking: 4 per 1,000 SF

Loading: N/A

Airports

SU P

Parking: Special study required***

Cemetery (church, family)

SU P

N/A

*** See § 156.089(L)

Cemetery (commercial)

SU P

Parking: 6 per 1,000 SF of office - building

Loading: 1

Commercial communications towers (cell towers)

SU P

Parking: 2 per tower

Loading: 1

Shooting ranges

SU P

Parking: 1.5 per shooting station

Loading: 1

Solar collector (accessory)

N/A

Solar energy systems, large

scale (solar farms)

SU P

N/A

TEMPORARY USES

Commercial (temporary - see definitions) outdoor sales

Parking: staff review

Loading: N/A

Concrete/asphalt operations

SU P

Parking: staff review

Loading: 1 per vehicle

Contractor's office (located at project site for duration of project)

SU P

Parking: 1 per 200 SF

Loading: N/A

Farmstand

Parking: 8 spaces

Loading: N/A

Manufactured housing unit for office and/or exhibition

SU P

Parking: 1 per vehicle

Loading: N/A

Manufactured home for hardship

SU P

Parking: 2 per dwelling unit

Loading: N/A

Public interest event and/or special event

SU P

SUP

SU P

Parking: 1/patron

Loading 1 per vehicle

Temporary miscellaneous sales (see definitions)

SU P

SUP

SU P

Parking: 1 per vehicle

Loading: N/A

§ 156.034 CONDITIONAL ZONING DISTRICTS.

(A) In addition to the general use zoning districts established in § 156.033, a corresponding conditional zoning district, bearing the designation 'CZ', may be established in accordance with the provisions of § 156.175. Accordingly, the following conditional zoning districts may be designated upon approval by the Board of County Commissioners of a petition by the property owners to establish a conditional zoning district:

(1) CZ-AR, Agricultural Residential Conditional Zoning District.

(2) CZ-WOZ, Watershed Overlay Zone Conditional Zoning District.

(3) CZ-R30, Residential Low Density Conditional Zoning District.

(4) CZ-R20, Residential Medium Density Conditional Zoning District.

(5) CZ-R10, Residential High Density Conditional Zoning District.

(6) CZ-OS, Open Space Conditional Zoning District.

(7) CZ-RMHC, Planned Manufactured Housing Community Conditional Zoning District.

(8) CZ-EIA, Employment and Institutional Area Conditional Zoning District.

(9) CZ-HC, Highway Commercial Conditional Zoning District.

(10) CZ-GC1, General Commercial Conditional Zoning District.

(11) CZ-LI, Light Industrial Conditional Zoning District.

(12) CZ-IM, Industrial Mining/Quarry Conditional Zoning District.

(13) CZ-OI, Office Institutional Conditional Zoning District.

(B) The development and use of property within a conditional zoning district is subject to predetermined ordinance standards and the rules, regulations, and conditions imposed as part of the legislative decision creating the district. All regulations which apply to a general use zoning district also apply to the corresponding conditional zoning district. All other rules, regulations, and conditions which may be offered by the property owner and approved by the Board of County Commissioners as part of the rezoning process shall also apply. Property may be placed in a conditional zoning district only in response to a petition by the owners of all of the property proposed to be included in the conditional zoning district. Requirements for conditional zoning districts are delineated in § 156.175.

(Ord. passed 1-9-2023)