This Ordinance is designed to guide the growth of the various land uses of the county and to encourage the future development of the county in accordance with a plan of land use and population density so that the county may realize its best potentialities as a place to live and work.

The provisions of this Ordinance are adopted under authority granted by Chapter 153A, Article 18, Part 3 of the General Statutes of North Carolina.

The statutory provision that requires Montgomery County to adopt and administer the water supply watershed protection management requirements, procedures, and density and built-upon area standards contained in this ordinance is North Carolina General Statute 143-214 5 (Chapter 143, Article 21).

The provisions of this Ordinance shall apply within the zoning limits of Montgomery County as shown on the Zoning Map. Such zoned area may include any or all area within the county outside of municipalities and their adopted extraterritorial jurisdictions.

For the purpose of this Ordinance, portions of the unincorporated territory of Montgomery County as set forth on the accompanying official zoning maps, are hereby divided into three types of districts as follows:

The boundaries and location of said districts are hereby established as designated on the official zoning map, entitled "Official Montgomery County Zoning Map." Said map, together with all notations and designations thereon and amendments thereto, is hereby made fully a part of this Ordinance just as if the same were fully described herein.

The overlay districts are designed to "lay over" another zoning district and not stand alone. The underlying district defines permitted and conditional uses, certain dimensional requirements, and various other requirements or restrictions. The overlay district gives additional dimensional and other requirements. Where the underlying and overlay district appear to be in conflict, the stricter or more restrictive requirements shall apply.

When uncertainty exists with respect to the boundaries of any district as shown on the Official Zoning Map, the following rules shall apply:

4.1.

District boundary lines are intended to be along, or parallel to, property lines or lot lines and to the center line of streets, highways, railroads, easements, other rights-or-way, and creeks, streams or other water channels.

4.2.

In the absence of specified distances on the map, dimensions or distances shall be determined by the scale of zoning map such as the 1,320 feet zoning off major corridors.

4.3.

When the street or property layout existing on the ground is at variance with that shown on the zoning map, the Board of Adjustment shall interpret the district boundaries of this Ordinance.

Regulations for each district shall be enforced and interpreted according to the following rules:

5.1.

Uses by Right. All listed uses are permitted by right according to the terms of this Ordinance. Conditional uses are permitted subject to compliance with additional regulations specified. Additional permitted uses, when in character with the district, may be added to the Ordinance by amendment. Uses not designated as permitted by right or permitted subject to additional conditions shall be considered a conditional use and subject to article V of the Montgomery County Zoning Ordinance.

5.2.

Minimum Regulations. Regulations set forth by this Ordinance shall be minimum regulations. If the requirements set forth in this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or higher standard shall govern.

5.3.

Restrictive Covenants. Unless restrictions established by covenants running with the land are prohibited by the provisions of this Ordinance, nothing herein contained shall be construed to render such covenants inoperative. Restrictive covenants are not enforced by the County.

5.4.

Bona Fide Farms. This Ordinance shall in no way regulate, restrict, prohibit or otherwise deter any bona fide farm within the jurisdiction of this Ordinance, except that any use of such property for non-farm purposes shall be subject to these regulations. Bona Fide Farms do not include intensive livestock operations as defined by the state of North Carolina.

(Ord. of 12-15-2015 )

If for any reason any one or more sections, sentences, clauses or parts of this Ordinance are held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance but shall be confined in its operation to the specific sections, sentences, clauses or parts of this Ordinance held invalid and the invalidity of any section, sentence, clause, or part of this Ordinance in any one or more instances shall not affect or prejudice in any way the validity of this Ordinance in any other instance.

Except where specifically defined herein, all words used in this Ordinance shall carry their customary meanings. Words used in the present tense include the future tense, the singular number includes the plural the word "building" includes the word "structure," the word "lot" includes the word "plot" or "parcel," the term "shall" is always mandatory, the words "used" or "occupied," as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."

7.1.

Agricultural Uses. The commercial production of crops, fruits, vegetables, livestock, poultry, and other agricultural products. For the purpose of the Ordinance, these uses include the use of water for stock watering irrigation, and other farm purposes.

7.2.

Best Management Practice (BMP). 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.

7.3.

Board of Adjustment (Watershed Review Board). A local body, created by Ordinance, whose responsibility is to hear appeals from decisions of the Zoning Administrator, to consider requests for variances from the terms of the Zoning Ordinance, and to review any proposed amendments, changes, or repeal to this Ordinance which may affect the county's compliance with the watershed protection rules.

7.4.

Bona Fide Farms. US Census of Agriculture defines a farm as a unit with ten or more acres of land, if sales are not less than $50, and a unit with less than ten acres, if sales are over $250. Bona Fide Farms do not include intensive livestock operations as defined by the state of North Carolina.

7.5.

Buffer. A fence, wall, hedge, other area of natural or planted vegetation, or device used to enclose, screen, or separate one use or lot from another. Also, an area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the natural pool elevation of impounded structures and from the bank of each side of streams and rivers.

7.6.

Building. Any structure enclosed and isolated by exterior walls constructed or used for residence, business, industry, or other public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars, trailers, free standing billboards and signs and similar structures whether stationary or movable.

7.7.

Building, Accessory. A subordinate building, the use of which is customarily incidental to that of a principal building on the same plot.

7.8.

Building, Height of. The vertical distance measured from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to mean height level between the eaves and ridge of a gable, hip, or gabled roof.

7.9.

Building, Principal. A building in which is conducted the principal use of the plot on which it is situated.

7.10.

Built-Upon Area. That portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, and paths), recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.)

7.11.

Certificate of Occupancy (Watershed Protection Occupancy Permit). Official certification that a premises conforms to provisions of the Zoning Ordinance and building code and may be used or occupied. Such a certificate is granted for new construction or for alterations or additions to existing structures or a change in use. Unless such a certificate is issued, a structure cannot be occupied or used, nor can the use of any building or land be changed.

7.12.

Certificate of Zoning and Watershed Protection Compliance (Zoning Permit). Official certification that a proposed use of land and/or construction project conforms to the requirements of the Zoning Ordinance and a Building Permit, if required, or a Certificate of Occupancy may be issued.

7.13.

Critical Area. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes first).

7.13.1.

Custodial Relationship. Housing, mental, or physical need of parents or dependents, or a mental or physical need of a family or non-family member, whereby the family occupying the principal dwelling can assist. Considering factors of a custodial relationship include financial hardship to parents or dependants, mental or physical illness, need to care for elderly, lack of space within the principal dwelling for parents or dependants, or other type of situation where there is need of a custodial relationship as determined by the Board of Commissioners.

7.14.

Development. 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.

7.15.

Development, Existing (See 7.41 Vested Right). Those projects that are built or that have established a vested right under the North Carolina zoning law as of the effective date of this ordinance based on at least one of the following criteria.

A.

Substantial expenditures of resource (time, labor, money) based on good faith reliance upon having received a valid local government approval to proceed with the project; or

B.

Having an outstanding valid building permit; or

C.

Substantial expenditures of resources (time, labor, money) and having an approved site specific or phased development plan.

7.16.

Development, Nonresidential. All development other than residential development, agriculture, and silviculture.

7.17.

Development, Residential. Buildings for residence, such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc., and their associated outbuildings, such as garages, storage buildings, gazebos, etc., and customary home occupations.

Single-Family Residential. Any development where no building contains more than one dwelling unit.

Duplex. A separate building containing complete and separate living quarters for two (2) families.

Multi-Family. A building containing complete and separate living quarters for three (3) or more families.

7.18.

Discharging Landfill. A facility with liners, monitoring equipment, and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream.

7.19.

Dwelling. Any building, or portion thereof, which is designed for living and/or sleeping purposes.

7.20.

Hardship. An unusual situation or condition that relates to a particular property and which denies the property owner reasonable use of his property if strict enforcement of the Zoning Ordinance is followed. A hardship exists only when it is not self-created or when it is not economic in nature. In other words, a true hardship exist only when the literal interpretation and/or enforcement of the zoning regulations would place a property owner or individual in an unusual situation and, in doing so, would deny him the right to use his property for any permitted use or render the property of no practical use that has reasonable value.

7.21.

Hazardous Material. Any substance listed as such in SARA Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and hazardous substances).

7.22.

Home Occupation. An occupation customarily conducted for profit within a dwelling and carried on by the occupant thereof, which use is clearly secondary to the use of the dwelling for residential purposes.

7.23.

Lot. A parcel of land occupied or to be occupied by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as are required by this Ordinance, and having not less than the minimum required frontage upon a street, either shown on a plat of record, or considered as a unit of property and described by metes and bounds.

7.24.

Lot, Depth of. The average horizontal distance between front and rear lot lines.

7.25.

Lot of Record. A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of Montgomery County, or a lot described by metes and bounds, the description of which has been recorded. The recording of the lot by either means shall have preceded the adoption of the zoning district regulations.

7.26.

Lot, Width of. The average horizontal distance between the side lot lines measured at the from line of the building or proposed building.

7.27.

Mobile Home. A structure which (a) consists of a single unit completely assembled at the factory or of two (double-wide) or three (triple-wide) principal components totally assembled at the factory and joined together at the site, and (b) is designed so that the total structure (or in the case of a double-wide or triplewide, each component thereof) can be transported on its own chassis, and (c) is over forty feet long and over ten feet wide and (d) 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; and (e) is actually being used, or is held ready for use, as a dwelling.

A mobile home must meet or exceed the construction standards promulgated by the US Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:

A.

Mobile homes must be constructed after July 1, 1976;

B.

Doublewide mobile homes must have a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis;

D.

The pitch of the roof for a doublewide mobile home must have a nominal minimum vertical rise of three feet for each twelve feet of horizontal run. Singlewide must have a nominal minimum vertical rise of three inches for every 12 inches of horizontal run. Roof must be finished with a type of shingle that is commonly used in standard residential construction;

E.

All roof structures shall provide an eave projection of no less than six inches, which may include a gutter;

F.

The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;

G.

All mobile homes must be set up in accordance with the standards set forth by the North Carolina Department of Insurance with either manufactured skirting, or a continuous, permanent masonry foundation and masonry curtain wall (skirting), unpierced except for required ventilation and access, is installed under the perimeter of the mobile home;

H.

The skirting for all mobile homes must be maintained;

I.

Stairs, porches, entrance platforms, ramps, and other means of entrance and exit to and from a doublewide mobile home shall be installed or constructed in accordance with the standards set by the North Carolina Department of Insurance, attached firmly to the primary structure and anchored securely to the ground; and

J.

The moving hitch, wheels and axles, and transporting lights have to be removed for all doublewides.

7.28.

Mobile Home Park. Land used or intended to be used, leased, or rented for occupancy by mobile homes This definition shall not include mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale.

7.29.

Nonconforming Building. A building which is situated on a lot in such a manner that it does not meet the yard requirements of the zoning district.

7.30.

Nonconforming Land. A lot which does not meet the minimum area requirements of the zoning district in which it is located.

7.31.

Nonconforming Use. A legal use of a building and/or of land that antedates the adoption of these regulations and does not conform to the regulations for the zone in which it is located.

7.32.

Parking Space. The storage space for one automobile of not less than 8 feet by 20 feet, plus the necessary access space. It shall always be located outside the dedicated street right-of-way.

7.33.

Person. An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.

7.34.

Planned Unit Development. A use of land designed to provide for developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such development may consist of individual lots or common building sites. Common area must be an element of the plan related to effecting the long-term value of the entire development.

7.35.

Setbacks. The open unoccupied space located between a building and the property line and or street right-of-way line. This measurement shall be taken from eves, overhangs or any other protrusion from a building.

7.36.

Sign. Any letter, symbol, number, or combination of these, which may be seen from the right-of-way of a street or highway.

7.37.

Sign, Outdoor Advertising. A standard structural poster panel or painted sign either free-standing or attached to a building, for the purpose of conveying information, knowledge, or Ideas to the public about a subject unrelated to the premises upon which located.

7.38.

Site Specific Development Plan. A plan of land development submitted to the county for purposes of obtaining approval of a subdivision plat or a conditional use permit. In addition to requirements already established by the county (for subdivision plats and conditional use permits), the Plan shall describe the type of use and intensity of use planned for the specific parcel or parcels or property. Neither a sketch plan nor any other document which fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels or property may constitute a site specific development plan.

7.39.

Toxic Substance. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects.

7.40.

Use. Any continuous or continual occupation or activity taking place upon a parcel of land including, but not limited to, the location of tents, trailer, the storage of cars, machinery or other materials.

7.41.

Variance. The relaxation of the terms of the Zoning Ordinance where such variance will not be contrary to the public interest, which will not create a nuisance, and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. As used in this Ordinance, a variance may be authorized only for height, area, and size of a structure of size of yards open space, and any use not listed within the zoning districts that would commonly apply. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

Major Watershed Variance. A variance that results in any one or more of the following:

A.

The complete waiver of a management requirement;

B.

The relaxation, by a factor of more than ten percent (10%) of the required size of the vegetative buffer;

C.

The relaxation of any management requirement that applies to a development proposal intended to qualify under the high density option; and

D.

Any increase in single-family residential density or multi-family residential and nonresidential built-upon area.

Minor Watershed Variance. A variance that does not quality as a major variance.

7.42.

Vested Right (See 7.15 Development, Existing). The right to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan or an approved phased development plan.

7.43.

Water Dependent Structure. Any structure for which the use requires access to or proximity to or being situated within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities, such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not water dependent structures.

7.44.

Watershed. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake).

7.45.

Yard, Front. An open space on the same lot with a building, between the front line of the building and the front property or street right-of-way line and extending across the full width of the lot.

7.46.

Yard, Rear. An open space between the rear line of the principal building and the rear line of the lot extending the full width of the lot and may be used for accessory buildings.

7.47.

Yard, Side. An open, unoccupied space on the same lot with a building between the side line of the building and the side line the lot and extending from the front yard line to the rear yard line.

7.48.

Zoning Administrator (Zoning Enforcement Officer). The official charged with the enforcement of the Zoning Ordinance.

7.49.

Zoning Permit. See Certificate of Zoning and Watershed Protection Compliance.

(Ord. of 12-18-2007(2))

There shall be provided at the time of erection of any building, or at the time any principal building is enlarged or increased in capacity; or before conversion from one type of use of occupancy to another; permanent off-street parking space in the amount specified by this section. Such parking space may be provided in a parking garage or property graded open space.

8.1.

Certification of Minimum Parking Requirements. Each application for a zoning permit submitted to the Zoning Enforcement Officer as provided for in this Ordinance shall include information as to the location and dimensions of off-street parking and loading space and the means of entrance and exit to such space. This information shall be in sufficient detail to enable the Zoning Enforcement Officer to determine whether or not the requirements of this section are met.

8.2.

Minimum Size of Off-Street Parking Spaces. For the purpose of this Ordinance, the minimum dimensions of a parking space shall be 8 feet by 20 feet.

_____

8.3.

Number of Off-Street Parking Spaces Required. The following off-street parking spaces shall be required.

_____

8.4.

Off-Street Loading for Industrial Uses. The number of off-street loading berths required by this section shall be considered as the absolute minimum and the developer shall evaluate his own needs to determine if they are greater than the minimum specified by this section For purposes of this section, an off-street loading berth shall have minimum plan dimensions of twelve (12) feet by twenty-five (25) and fourteen (14) feet overhead clearance with adequate means for entrance and exits.

9.1.

Criminal Penalties. Any person, firm or corporation violating any section or provision of this Ordinance shall, upon conviction, be guilty of a misdemeanor and shall be fined not more than $50.00, or imprisoned not more than thirty (30) days. Each day such violation continues, however, shall be a separate and distinct offense, punishable as hereinbefore provided. [For example, a continued violation of one (1) week after receiving notice from the Zoning Administrator could accumulate penalties of up to $350 fine or imprisonment of up to two hundred and ten (210) days.]

9.2.

Civil Remedies. If a building or structure is erected, constructed, reconstructed, or altered, repaired, converted, or maintained, or any building, structure or land is occupied or used in violation of the General Statutes of North Carolina, this Ordinance, or other regulation made under authority conferred thereby, Montgomery County may apply to the District Court, Civil Division, or any other court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property.

In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the case. An order of abatement may direct that buildings or other structures on the property be closed and demolished or removed, that fixtures, furniture, or other movable property be removed from buildings on the property; that grass and weeds be cut, that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this Ordinance. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt, and the county may execute the order of abatement. The county shall have a lien on the property for the cost of executing an order of abatement.

9.3.

Equitable Relief. Montgomery County may apply to the District Court, Civil Division or other court of competent jurisdiction for an appropriate equitable remedy. It shall not be a defense to the County's application for equitable relief that there is an adequate remedy at law.

9.4.

Combination of Remedies. The County may choose to enforce this Ordinance by any one, all, or combination of the above procedures.

9.5.

State Enforcement Authority. The Environmental Management Commission may take any appropriate preventive or remedial enforcement action authorized under GS 143-214 5 against any person who violates any minimum statewide water supply watershed management requirement.

This Ordinance shall be in force and after its passage and approval.

Passed and Adopted this ____________ day of ____________ / ____________ / ____________ 20 ____________ .

The purpose of this section is to implement provisions of GS 153A-344.1 which establishes a statutory zoning vested right upon the approval of a site specific development plan.

11.1.

Procedure.

A.

At the time that the landowner submits application for a subdivision plat, mobile home park, apartment complex, residential planned development, cluster development, etc., or Conditional Use Permit, the landowner must declare he is seeking to acquire a vested right, as defined in Section 7, pursuant to GS 153A-344.1 and the Montgomery County Zoning Ordinance by completing the appropriate form.

B.

For subdivision plats where a vested right will be sought, the Zoning Administrator will advertise and schedule a public hearing following the same procedure used for Conditional Use Permits. (For Conditional Use Permits, the scheduling of public hearings is automatic.)

C.

For proposed developments that do not require subdivision plat approval or Conditional Use Permit, the landowner may seek to establish a vested right by following procedures for application for a Conditional Use Permit.

D.

A variance shall not constitute a site specific development plan, and approval of a site specific development plan with the condition that a variance be obtained shall not confer a vested right unless and until the necessary variance is obtained.

11.2.

Establishment of Vested Right.

A.

A vested right shall be deemed established upon the valid approval, or conditional approval, of the above mentioned site specific plan, or Conditional Use Permit. Such vested right shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the subdivision plat, or Conditional Use Permit.

B.

A right which has been vested as provided for in this section shall remain vested for a period of two (2) years. This vesting shall not be extended by any amendments or modifications unless expressly provided by the county. The county may, but is not required to, extend the vested term to a maximum total of five (5) years.

11.3.

Termination. A vested right, once established as provided for in this section, precludes any zoning action by the county which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site specific development plan except that the right will be terminated if one or more of the following occurs.

A.

With written consent of the affected landowner;

B.

Upon finding that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan;

C.

To the extent that the affected landowner receives compensation for all costs and losses;

D.

Upon finding that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the plan approval by the town;

E.

Upon the enactment of a state of federal law or regulation which precludes development as contemplated in the site specific development plan; or

F.

At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed.

12.1.

Zoning Affects All Land, Buildings, and Uses. Upon and after the adoption of this Ordinance, no building or land shall be used and no building or part thereof shall be erected, moved, or structurally altered except in conformity with the regulations specified herein for the district in which it is located.

12.2.

Required Yards Not to be Used by Another Building. The minimum yards or other open spaces required by this Ordinance for each and every building shall not be encroached upon or considered as meeting the yard and open space requirements of any other building.

12.3.

Relationship of Building to Lot. In no case shall there be more than one principal building and its customary accessory buildings on a lot except in the case of a designed complex of professional, residential, or commercial buildings in an appropriate zoning district, e.g., school campus, shopping center, and industrial park. Detached garages and carports must meet the same setback requirements as the principal building, just as if they were attached.

12.4.

Street Access. No building shall be erected on a lot which does not abut a street or have access to a street, provided that in a business district or in a planned project in a residential district, a building may be erected adjoining a parking area or dedicated open space which has access to a street used in common with other lots.

12.5.

Reduction of Lot and Yard Areas Prohibited. No yard or lot existing at the time of passage of this Ordinance shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least these minimum requirements.

12.6.

Business Uses of Mobile Homes and Trailers. No mobile home or trailer shall be used in any manner for business or commercial purposes except when used for a sales office on a mobile home sales lot or except with a temporary occupancy permit in special cases as described in Article II, Section 3.4.

12.7.

Mobile Home Requirements. All mobile homes, whether used for residential or business purposes shall meet the following requirements:

A.

Mobile homes shall be placed on a permanent foundation and secured by a tie-down system meeting the standards listed in the "State of North Carolina Regulations for Mobile Homes."

B.

Each mobile home stand and space shall be graded to provided adequate storm drainage away from the mobile home and such that there will exist no more than three (3) feet difference between the chassis of the mobile home and the finished grade of the stand along the entire perimeter of the mobile home proper.

C.

The following utility standards shall apply. All installations (other than those within the mobile home itself) of plumbing and electrical wiring and all gas and oil appliances shall comply with the provisions of the building, plumbing, electrical, heating, and gas regulations of the state, county, and town.

D.

All mobile homes shall have either skirting manufactured specifically for such use or a permanent masonry foundation and skirting installed.

E.

Empty liquefied petroleum gas containers and other objects and materials not approved by the Fire Department shall not be stored under mobile homes.

F.

The tongue, wheels, axles, and running lights shall be removed on doublewides.

12.8.

Corner Visibility. No planting, fence or other obstruction to visibility of vehicles shall be erected, planted, maintained, or allowed to exist in any district within the range of three (3) feet to ten (10) feet above the centerline grades of the intersecting streets in the triangular area bounded by the street right-of-way lines of such corner lots and a line joining points along these street lines twenty-five (25) feet from the point of intersection.

12.9.

Waterfront properties.

A.

All waterfront lots will have a 10-foot rear yard setback requirement.

B.

Any lot with existing structures, may be rebuilt or remodeled in the original footprint, as long as it is a permitted use in the zoning district in which it is located.

12.10.

More than one dwelling unit on a lot of record. No more than three (3) dwelling units may be placed on any single lot of record. Each structure shall be located on the property so that:

(1)

Total lot area shall equal no less than 20,000 square feet per dwelling unit;

(2)

Each residential site must abut a public right-of-way or be located so that a forty-five (45) foot right-of-way giving access to a public roadway could be provided; and

(3)

Minimum lot size and setback requirements of this ordinance, as well as any requirements of the Montgomery County Subdivision Ordinance, could be maintained if the land were to be divided into separate lots of record.

13.1.

Water Supply Watershed Protection. GS 143-214 5 provides for a cooperative program of water supply watershed management and protection to be administered by local governments consistent with minimum statewide management requirements established by the Environmental Management Commission. Approximately 29% of Montgomery County lies within one of five water supply watersheds. The county has 17,222 acres in the WS-II watershed of Drowning Creek, none of it in a critical area. It has 18,843 acres in the WS-III watershed of Bear Creek, again none of it in a critical area. Montgomery County has more land in WS-IV 15,076 acres, including some in a critical area, in the Badin Lake watershed; 610 acres of critical area in the Tuckertown Reservoir watershed; and 41,393 acres, including some critical area, in the Lake Tillery watershed.

13.2.

Basic Development Requirements. The county has elected to use the low density option under the water supply watershed protection rules. For the Drowning Creek, Badin Lake, Tuckertown Reservoir and Lake Tillery Watershed a vegetative buffer with a minimum width of thirty (30) feet is required from the banks of all perennial streams or other waters. For the Bear Creek watershed a vegetative buffer within a minimum width of thirty-five (35) feet is required from the banks of all perennial streams or other waters. For all water supply watersheds within the County one hundred (100) feet buffers are required where new development exceeds the low density requirements.

WS-II watersheds, such as Drowning Creek, are permitted a maximum density of one dwelling unit per two acres for single family residential development and six percent (6%) built-upon area for all other development in the critical area. (Note: Montgomery County does not include any WS-II critical area.) In the balance of the WS-II watershed a maximum density of one dwelling unit per acre for single family residential development and twelve percent (12%) built-upon area for all other development are permitted. No new discharging landfills are allowed.

In the WS-III critical area a maximum of one dwelling unit per acre and twelve percent (12%) built-upon area are permitted. (Note: Montgomery County does not include any WS-III critical area.) In the balance of the WS-III area a maximum of one dwelling unit per one-half acre or twenty-four percent (24%) built-upon is permitted. No new discharging landfills are allowed.

In the WS-IV critical area a maximum density of one dwelling unit per one-half acre and twenty-four percent (24%) built-upon area is permitted. In the rest of the WS-IV watershed (protected area) a maximum density of one dwelling unit per one-half acre and twenty-four percent (24%) built-upon area is permitted where curbs and gutters are used or one dwelling unit per one-third acre and thirty-six percent (36%) built-upon area is permitted for projects without a curb and gutter street system. The density requirements in the WS-IV watershed apply only to projects requiring a Sediment/Erosion Control Plan (i.e. one acre or more of land disturbing activity). No new landfills or residual or petroleum contaminated soil application sites are allowed in the WS-IV critical area.

13.3.

Buffer Specifications. In all area within the Drowning Creek, Badin Lake, Tuckertown Reservoir and Lake Tillery watershed overlay districts, all lots abutting perennial streams or other waters (indicated on the most recent versions of USGS 1:24,000 scale topographic maps or as determined by local government studies) shall maintain a vegetative buffer of a minimum thirty (30) feet from the normal elevation of the pool or form the bank beside the stream. In all areas within the Bear Creek watershed overlay district, all lots abutting perennial streams or other waters (indicated on the most recent versions of USGS 1:24,000 scale topographic maps or as determined by local government studies) shall maintain a vegetative buffer of a minimum thirty-five (35) feet from the normal elevation of the pool or from the bank beside the stream. For all water supply watershed overlay where permission to develop under the 5/70 rule is granted, a minimum one hundred (100) feet wide vegetative buffer shall be required. Where possible and practicable, the buffer shall be natural vegetation, not a grassed lawn or other cultivated area in order to avoid the use of fertilizers, pesticides, herbicides, or other similar chemicals or pollutants.

13.4.

Development in Buffers. No new development is allowed in the required buffer except for water dependent structures and public projects, such as road crossings, boat ramps and docks, and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from surface waters, and maximize the utilization of stormwater Best Management Practices.

13.5.

Development Under the 10/70 Rule. A maximum of ten percent (10%) of the county's area within WS-II and WS-III watersheds outside the critical areas as delineated on July 1, 1993 may be developed with new nonresidential development projects of up to seventy percent (70%) built upon area.

In addition, within WS-II, WS-III, and WS-IV watersheds new development and expansions to existing development may occupy up to ten (10%) of the protected area with up to seventy percent (70%) built-upon area on a project by project basis, when approved as a special intensity allocation (SLA). The Zoning Administrator (Watershed Administrator) is authorized to approve SLA's consistent with the provisions of this Ordinance.

Each proposed project must, to the maximum extent practicable, minimize built-upon surface area, direct stormwater runoff away from surface waters, and incorporate Best Management Practices to minimize water quality impact.

Also for the purpose of calculating build-upon area, total project area shall include total acreage in the tract on which the project is to be developed.

The Board of Commissioners may, after a public hearing, approve a project under the 10/70 Rule. A fee shall be paid by the applicant according to county policy to cover administrative and advertising costs.

A pre-existing lot owned by an individual prior to the effective date of this ordinance, regardless of whether or not a vested right has been established, may be developed for single family residential purposes even though such lot may be nonconforming as to size or shape.

Expansions to structures classified as existing development must meet the requirements of this ordinance, however, the built-upon area of the existing development is not required to be included in the built-upon area calculations for the entire site.