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Pilot Mountain City Zoning Code

ARTICLE 9

OVERLAY DISTRICT STANDARDS

9.1 Downtown Design Overlay District (DDO)

  1. Purpose. The purpose of establishing supplementary requirements for development in downtown Pilot Mountain is to protect and enhance the visual character of development and to preserve the unique streetscape of downtown by encouraging compatibility among downtown structures. It is not the intent of this overlay district to eliminate architectural freedom or discourage innovative design, but rather to complement the Town of Pilot Mountain’s Development Ordinance and development guidelines for Downtown.
  2. Applicability. Buildings within the Downtown Design Overlay (DDO) District exhibit design elements that contribute to the unique sense of character of downtown Pilot Mountain. Specifically, buildings tend to have flat or low pitch roofs concealed by the front facade parapet, no front or side yard setback, large storefront windows on the street level floor and strong horizontal separations between the first and any upper floors created by windows and/or changes in façade materials.
    In order to continue and, in some cases, recreate the historic development pattern of downtown Pilot Mountain, the following standards shall apply to all new construction, additions and substantial modifications to existing structures located within the Downtown Design Overlay (DDO) District. For the purposes of this section substantial modification shall be defined as any work which involves the alteration of the building’s footprint, construction of additional stories, changes in roof pitch, modification of building fenestration and entryways, material changes to the building façade, or painting.
  3. Exemptions. When in compliance with all other town ordinances, the following types of projects are exempt from the standards of the Downtown Design Overlay (DDO) district:
    1. Interior and exterior alterations of buildings that were originally designed and built for single-family residential use and continue to be used for single-family residential use.
    2. Underground construction which does not consist of any above ground components, including utility boxes, pipes, poles or similar appurtenant features;
    3. Conducting regular maintenance work on buildings, landscaping, or grounds, (including parking lots), which does not significantly alter the appearance or function of the building, landscaping or grounds;
    4. Interior remodeling work, which does not involve the alteration of any building component that does not alter any exterior building component;
    5. Landscape maintenance and upkeep, excluding the replacement trees;
    6. Temporary uses and structures;
    7. Routine roof maintenance and repair, when using like materials; and
    8. Painting of murals on the side and/or rear façade of buildings.
  4. Design Standards
    1. Front Build-to Line. The front building wall of each new principal structure within the DDO shall be constructed so that at least eighty percent (80%) of the width of the primary facade is set back no more than six (6’) feet from the edge of the right-of-way of Main Street. Existing buildings, which are set back greater than six (6’) feet, are permitted to retain their current setback, but in no case shall any existing building be altered in a manner that increases the setback beyond the minimum, or otherwise lessens compliance with this requirement.
    2. Building Height. The following provisions shall regulate the height of buildings within the DDO:
      1. No building within the DDO may exceed fifty (50’) feet in height.
      2. Where the construction of a new building or the expansion of an existing building is proposed, the height of the new building or addition shall not exceed two-hundred percent (200%) of the height of the two (2) most closely adjacent buildings, provided that existing buildings located more than fifty (50’) feet from the new building shall not be considered when establishing maximum height. Maximum building height shall be subject to the following exceptions:
        1. Two-story buildings may be constructed to a height of thirty (30’) feet without regard to the height of adjacent buildings.
        2. Buildings located on corner lots may be constructed to a height of fifty (50’) feet without regard to the height of adjacent buildings.
        3. All new single story buildings shall have a minimum height of fourteen (14’) feet, and new multi-story buildings shall have a minimum height of twelve (12’) feet per story.
    3. Building Width. The following requirements shall regulate the width of buildings in the DDO:
      1. New buildings on lots with a width of fifty (50’) feet or less shall be constructed to the full width of the lot.
      2. Where lot width is greater than fifty (50’) feet, but less than one-hundred (100’) feet, new building may occupy less than the entire width of the lot, provided that a side setback of zero (0) feet is maintained on one side of the building and the remaining street frontage is occupied by an area containing an active use amenity, such as a courtyard, dining area, or similar feature, with a minimum width of twelve (12’) feet, which occupies the entire area extending from the front lot line to a minimum of twenty-five percent (25%) of the depth of the lot.
      3. On lots greater than one-hundred (100’) feet in width, new buildings shall be constructed to a minimum of eighty percent (80%) of the width of the lot.
      4. The portion of a lot frontage containing a driveway shall be excluded from the calculation of lot width for the purposes of this section. New driveways and the expansion of existing driveways are prohibited along lot frontages, which front Main Street.
      5. In no case shall an existing building be altered in a manner that does not comply with the provisions of this section, except that existing buildings occupying less than the required lot width may be expanded so that they are more compliant with these requirements.
    4. Storefront Design. The following regulations shall apply to the construction and alteration of storefronts within the DDO:
      1. Storefronts, compliant with the requirements of this section, are required to occupy the ground floor street frontage of each front building wall, which faces Main Street.
      2. Storefronts shall contain the primary entrance(s) to the building.
      3. A minimum of seventy percent (70%) and maximum of eighty-five (85%) of the first floor front façade of a building between a height of two (2’) feet and ten (10’) feet, or the interior ceiling height of the first floor if less than ten (10’) feet, shall consist of glazed area.
      4. Glass used to meet the glazed area requirements of Subsection 4(d)(iii) shall be transparent, and have a minimum visible light transmission ratio of seventy percent (70%). Reflective glass and glass block are prohibited. This shall not apply to transom windows installed on the ground floor above a height of ten (10’) feet.
      5. Bulkheads shall be constructed along all storefront areas, excluding customer entrances. Bulkheads shall be a minimum of twenty-four (24”) inches and maximum of thirty-six (36”) inches in height.
      6. Storefront doors shall have a minimum glazed area of eighty percent (80%). Only wood or metal doorframes are permitted.
      7. Windows installed above bulkheads shall be recessed a minimum of two (2”) inches from the outer edge of the bulkhead.
      8. Bars, gates, fencing, roll-up doors, and similar barriers are prohibited on the exterior of storefronts.
    5. Exterior Building Materials. The following regulations shall govern the types of materials that are permitted for use on the exterior portions of buildings within the DDO:
      1. The building materials standards shall apply to each exterior building wall, which fronts on, or is otherwise visible from a public street, including side-building walls, which are set back from an interior lot line, but excluding rear building walls, which do not face a customer parking area.
      2. Brick or natural stone shall cover a minimum of eighty percent (80%) of the exterior building walls, other than glazed surfaces, subject to the exterior building materials regulations.
      3. The remaining twenty percent (20%) of each building wall may be clad with architectural grade metal, tile, integrally colored split faced block, or treated wood, including cedar shake shingles.
      4. Horizontal lap siding and corrugated metal are prohibited for use as exterior building materials.
      5. Additional building materials may be supplemented with a written recommendation from State Historic Preservation Office.
    6. Exterior Building Material Color
      1. A single color shall be utilized as the primary color for the building, unless the primary building material retains its natural color.
      2. Up to fifteen percent (15%) of the surface area of each building façade may be painted with up to three additional colors.
      3. The primary and accent colors shall be the same on each building façade.
      4. Awnings and Canopies. The following design regulations shall apply to awnings and canopies:
        1. Awnings and canopies may only cover a single storefront, and in no case may they extend more than eighty percent (80%) of the width of the building wall to which they are attached, or 120% of the width of the windows and doors, which they are shading, whichever is greater.
        2. Awnings and canopies may either be a solid color, or have a two-color vertical stripe pattern.
        3. Awnings may not be the same color as the primary color of the building to which they are attached.
        4. Buildings displaying more than one awning or canopy shall utilize the same materials and color (or color pattern) on all awnings.
        5. Awnings installed to shade openings above the ground floor may only cover a single window, and shall not be wider than 120% of the width of the window opening.
        6. Awnings and canopies shall be constructed of weather resistant materials, such as canvas or metal.
        7. Awnings and canopies with a pitch of less than 3:12 are prohibited, except where barrel shaped (curved) awnings are used.
        8. Awnings and canopies shall be designed to correspond to the shape of the opening that they are shading. Barrel shaped or curved awnings may only be installed over curved or arched openings in the building.
    7. Windows. The following provisions shall apply to all windows not otherwise regulated by another provision of the DDO:
      1. All windows, other than storefront windows, shall have a vertical orientation (height greater than width), except that ground floor windows not associated with a storefront are permitted to be rectangular, provided that such windows have a minimum height of forty-eight (48”) inches, and their width does not exceed two-hundred percent (200%) of their height.
      2. Windows located above the ground floor shall be a minimum of thirty (30”) inches and maximum of thirty-six (36”) inches in width.
      3. All windows shall be recessed by a minimum of two (2”) inches from the exterior building wall.
      4. Upper story windows shall have a minimum visible light transmission ratio of sixty percent (60%). Glass block and reflective glass are prohibited.
      5. Ground floor windows shall have a minimum visible light transmission ratio of seventy percent (70%). Glass block and reflective glass are prohibited.
      6. A minimum of thirty percent (30%) of the linear footage of an upper story building wall shall contain glazed area.
      7. Vertically oriented windows shall be double hung one-over-one designs. Transoms are permitted.
      8. Upper story windows on buildings with more than two (2) stories shall align with windows on each other upper story.
    8. Roof Form. The following shall apply to the construction of new buildings and alteration of existing buildings, except that nothing herein shall require the conversion of an existing peaked roof structure to a flat roof structure.
      1. New buildings shall be constructed with a flat roof structure (slope of less than 3:12).
      2. Each building wall facing a public street shall have a parapet wall with a minimum height of two (2’) feet and maximum height of five (5’) feet to screen the roof structure. This shall not apply to existing buildings with sloped roof structures.
      3. Where a new building, or new parapet wall is proposed, the top of the proposed parapet wall shall have a height difference of at least two (2’) feet from the parapet wall of any adjacent building (within twenty (20’) feet), provided that nothing in this section shall require or permit a new parapet wall with a height of greater than five (5’) feet.
      4. Stepped or vertically articulated parapet walls may exceed the parapet wall height limitation within the middle thirty percent (30%) of the wall, provided that no portion of the parapet wall may exceed eight (8’) feet.
      5. Mansard roof forms are prohibited.
      6. Existing buildings with sloped roof structures shall be permitted to repair and replace existing roof cladding materials with like materials.
      7. Roof drainage systems (downspouts) shall be located at the rear of the building, where feasible. In no case shall a roof drainage system discharge directly onto a public sidewalk.
    9. Preservation and Restoration of Historic Architectural Features. Nothing contained in the DDO regulations shall prevent the restoration or preservation of historically integral architectural features on a building, provided that where a conflict arises, the historical accuracy of the proposed restoration or modification shall be supported by the opinion of an architect, an architectural historian, or the NC State Historic Preservation Office. Such verification and waiver of these regulations to permit historic restoration is subject to administrative approval and referral to the Planning and Zoning Board for final disposition. Furthermore, the following actions are preferred, but not required, when a “modernized” or otherwise altered historic building is renovated, and where such actions are otherwise outside of the scope of the project, subject to the regulations contained herein:
      1. False facades, including those covering upper stories should be removed and replaced with original cladding material.
      2. Covered or bricked in windows and doors should be reopened.
      3. Storefronts should be restored to their original form.
      4. Historically inaccurate cladding materials should be removed and replaced.
      5. Architectural detailing should be restored.
    10. Parking, Driveways and Drive-Through Windows. In the interest of preserving and enhancing the pedestrian character and aesthetic quality of downtown Pilot Mountain, the following regulations shall govern the provision of facilities for automobiles:
      1. No new driveways may be established which take access from Main Street.
      2. Existing driveways taking access from Main Street may not be expanded in width.
      3. New off-street parking areas may only be established to the rear of the principal building with which they are associated. This provision shall not apply to any publicly owned off-street parking lot.
      4. Existing off-street parking lots may be improved or expanded upon the lot on which they are situated, provided that they either currently comply, or are brought into compliance, with the standards of this section.
      5. Those portions of off-street parking areas which are not located to the rear of a principal building shall be screened from view with a brick or stone wall with a height of between thirty-six (36”) and forty-two (42”) inches that runs along the lot line adjoining the street, extending the width of the lot, excepting those portions where a driveway or pedestrian access exists.
      6. Off-street parking areas shall be surfaced with either asphalt, concrete, brick pavers or cobblestones, subject to ADA requirements.
      7. New drive-through windows are prohibited in any location except the rear of a building. No new driveway access from Main Street may be established to accommodate a drive-through window, and no existing driveway from Main Street may be utilized to access (either ingress or egress) a new drive-through window.
    11. Mechanical and Utility Equipment. Mechanical and utility equipment, including water, sewer, electric, cable, telephone, gas, lines and their appurtenances, as well as any satellite or telecommunications antennae, HVAC component, or any other equipment that is required to be installed on the exterior of a building shall be installed on the rear of the building or the roof. Roof mounted equipment shall be screened with a parapet wall or a separate screen wall. Where the installation of such equipment is unavoidable on the front or side of a building, it shall be either concealed (by painting) or screened with architecturally integrated features that complement the structure with which they are associated.
    12. Signs. In addition to the general sign regulations contained in Article 10, all new and replacement signs within the DDO shall comply with the following:
      1. Where a building was constructed with an architecturally integrated frame for a wall sign, such sign frame shall be utilized for new or replacement wall signage. Where the historic sign frame is larger than the otherwise permitted area for a wall sign, the new or replacement sign is permitted to occupy the historic sign area.
      2. Wall signs shall be centered above building entrances and be aligned with awnings, where provided.
      3. Projecting signs shall be centered above building entrances.
      4. No sign of any type may be mounted more than seventeen (17’) feet above grade.
      5. Wall signs shall not cover any window, including transom windows.
    13. Lighting. The following provisions shall apply to exterior lighting in the DDO:
      1. Building mounted lights may be installed only in a manner that is intended to highlight or accentuate architectural features of the building on which they are installed. Building mounted floodlights are prohibited.
      2. Building mounted lighting fixtures shall be architecturally compatible with the building.
      3. The framing of windows or other architectural features with neon or similar types of tube lighting is prohibited.
      4. Bulbs and lenses installed on building mounted lights may only produce white light.
  5. Procedures. Prior to initiating any activity which is not specifically exempted by Subsection 3 of the DDO regulations, the person proposing to undertake such activity shall submit an application for the review and approval of the proposed construction, modification, alteration, or other activity in accordance with Section 3.8 (Architectural Design Plans).

9.2 Watershed Overlay District (WO)

  1. Jurisdiction. The provisions of this section shall apply within the corporate limits of the town and within the territory beyond the corporate limits as prescribed by N.C.G.S. 160D, as now or hereafter fixed, for a distance of one mile in all directions.
  2. Exceptions to Applicability. Existing development, as defined in this section is not subject to the requirements of this section. Expansions to structures classified as existing development must meet the requirements of this section; however, the built-upon area of the existing development is not required to be included in the density calculations.
    A pre-existing lot owned by an individual prior to the effective date of this section, regardless of whether or not a vested right has been established, may be developed for single-family residential purposes without being subject to the restrictions of this section. However, this exemption is not applicable to multiple contiguous lots under single ownership.
  3. Cluster Development. Minimum lot sizes are not applicable to single-family cluster developments projects; however, the total number of lots shall not exceed the number of lots allowed for single-family detached developments. The overall residential density or nonresidential built-upon area shall not exceed that allowed for the critical area or the balance of the watershed, whichever is applicable.
  4. Buffer Zone Required
    1. A buffer zone for the purposes of this requirement is defined as an area of natural or planted vegetation through which storm water 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 zone is measured from the normal pool elevation of impounded structures and from the bank of each side of streams and rivers.
    2. No new development is allowed in the buffer zone, except for water dependent structures and public projects such as road crossings and green ways where no practical alternative exists.
    3. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of storm water best management practices.
    4. A minimum thirty (30’) foot vegetative buffer zone for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies, unless a high density option is chosen and then a one-hundred (100’) foot buffer zone is required. Desirable artificial stream bank or shoreline stabilization is permitted.
  5. Ordinance Administrator’s Duties. It shall be the duty of Ordinance Administrator to administer and enforce the provisions of this section as follows:
    1. The Ordinance Administrator shall keep records of all amendments to these overlay provisions and shall provide copies of all amendments upon adoption to the N.C. Division of Environmental Quality and the N.C. Division of Community Assistance.
    2. The Ordinance Administrator shall keep a record of minor and major watershed variances to these overlay provisions. The record of all minor watershed variances shall be submitted to the Environmental Management Commission on an annual basis and shall provide a description of each project receiving a variance and the reasons for granting the variance.
  6. Definitions. For the purpose of this subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
    AGRICULTURAL USE. The use of waters for stock watering, irrigation and other farm purposes.
    ANIMAL UNIT. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations.
    BEST MANAGEMENT PRACTICES or BMP. A structural or nonstructural management-based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals.
    BUILT-UPON AREA or BUA. Includes that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (that is, tennis courts), and the like. (Note: Wood slatted decks and the water area of a swimming pool are considered pervious.)
    DEVELOPMENT. Any land disturbing activity that adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
  7. Violations. The N.C. Environmental Management Commission may assess civil penalties in accordance with NCGS 143-215.6A whenever watershed violations occur. Each day that the violation continues shall constitute a separate offense.
  8. Rule Governing Boundaries. Where conflict exists as to whether a tract is inside or outside a watershed area, it shall be responsibility of the petitioner to present topographical data supporting his or her case.
  9. Powers and duties of the Planning and Zoning Board. The Planning and Zoning Board shall consider upon appeal minor and major watershed variances from the terms of this section as will not be contrary to the public interest where, owing to special conditions a literal enforcement of the provisions of this section would result in unnecessary hardship. In addition, the town shall notify and allow a reasonable comment period for all the local governments having jurisdiction in the designated watershed where the minor or major watershed variance is being considered. A watershed variance shall not be granted by the Planning and Zoning Board unless and until:
    1. A written application for a variance is submitted demonstrating:
      1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures or buildings in the same district;
      2. That a literal interpretation of the provisions of this chapter would deprive the application of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
      3. That the circumstances do not result from the actions of the applicant;
      4. That granting the variance requested will not confer upon the applicant any special privileges that are denied by this chapter to other lands, structures or buildings in the same district;
      5. That no non-conforming use of neighboring land, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts will be considered grounds for the issuance of a variance.
    2. Every proposed request for minor watershed variance or major watershed variances shall include a description of the property involved and the names and addresses of current abutting property owners; and shall be accompanied by a fee determined from time to time by the Board of Commissioners to cover cost of advertising as required by this chapter.
    3. The proposed request for a minor or major watershed variance shall include a site plan, drawn to scale of at least one (1”) inch to forty (40’) feet, indicating the property lines of the parcel upon which the use is proposed; any existing or proposed structures; parking areas and other built-upon areas; surface water drainage. The site plan shall be neatly drawn and indicate north point, name and address of person who prepared the plan, date of the original drawing, and an accurate record of any later revisions.
    4. The Ordinance Administrator shall notify in writing each local government having jurisdiction in the watershed. Notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the Ordinance Administrator prior to a decision by the Planning and Zoning Board. Comments shall become a part of the record of proceedings of the Planning and Zoning Board.
    5. The Planning and Zoning Board shall duly fulfill its requirements of public notification, evidentiary public hearing and quasi-judicial procedure as provided in this chapter and in the NC General Statutes for watershed variances, as for all other variances from the zoning regulations of the Town.
    6. Proceedings of the Planning and Zoning Board. The Board shall keep records of the proceedings, prepare a report containing findings of fact, conclusions of law and recommended decision and forward the record to the Environmental Management Commission (which must approve all major watershed variances). A denial of a major watershed variance by the Planning and Zoning Board need not go to the EMC for review. One copy of any report forwarded to the EMC shall be kept on file by the Clerk.
    7. Major Watershed Variances. If the Planning and Zoning Board decides in favor of granting a major watershed variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:
      1. The variance application;
      2. The bearing notices;
      3. The evidence presented;
      4. Motions, offers of proof, objections to evidence and rulings, on them;
      5. Proposed findings and exceptions;
      6. The proposed decision, including all conditions proposed to be added to the permit; and
      7. The preliminary record shall be sent to the Environmental Management Commission for its review as follows:
        If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that the property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted, and the variance, if granted, will not result in a serious threat to the water supply, then the Commission shall approve the variance with conditions and stipulations. The Commission shall prepare a Commission decision and send it to the Planning and Zoning Board. If the Commission approves the variance as proposed, the Board shall prepare a final decision granting the proposed variance. If the Commission approves the variance with conditions and stipulations, the Board shall prepare a final decision, including conditions and stipulations granting the proposed variance.
        If the Commission concludes from the preliminary record that the variance qualifies as a major watershed variance and that the property owner can secure a reasonable return from or make a practical use of the property without the variance or the variance, if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the variance as proposed. The Commission shall prepare a Commission decision and send it to the Planning and Zoning Board. The Board shall prepare a final decision denying the variance as proposed.
  10. WSII-CA (O) Watershed II Critical Area (Overlay). The WSII-CA(O) is established as an overlay district to impose higher standards in the critical area because the risk of water quality degradation from pollution is greater than in the balance of the watershed, most of which lies within the extraterritorial boundary of the town. The regulations of this district are intended to promote higher developmental standards and not limit unnecessarily developmental options. In order to maintain a predominantly undeveloped land use intensity pattern, residential and non-residential uses shall be allowed at a maximum of one (1) dwelling unit per two (2) acres and six percent (6%) built-upon area respectively.
    1. Limitations on Certain Permitted Uses
      1. Agriculture, provided that all agricultural activities will be encouraged to participate in the agricultural Cost Share Program and subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990. Agricultural activities conducted after January 1, 1993 shall maintain a minimum ten-foot vegetative buffer, or equivalent control as determined by the Soil and Water Conservation Commission, along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local governments studies. Animal operations greater than 100 animal units shall employ Best Management Practices (BMP's) by July 1, 1994 recommended by the Soil and Water Conservation Commission.
      2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 N.C.A.C. 11.0101 - 11.0209).
      3. Residential development at one dwelling unit per two acres on a project-by-project basis. For purposes of density calculations, total project acreage shall not include any area within the designated right-of-way of any public or private street within the project, nor shall it include any area within the project donated or dedicated to the public, except for storm water control structures approved under the high-density option. No residential lot shall be less than two acres, except within an approved cluster development.
    2. Prohibited Uses
      1. Sanitary landfills are prohibited.
      2. No new chemical storage or new underground fuel storage tanks are allowed.
      3. The storage of toxic and hazardous materials is prohibited unless a spill containment plan is implemented.
      4. Sites for land application of sludge/residuals or petroleum-contaminated soils are prohibited.
    3. Development Applications. In addition to the standards for Site Plans, the following shall be contained on applications for development in the Watershed Overlay:
      1. Total impervious area;
      2. Location of perennial streams;
      3. Septic tank drainage field; and
      4. Sedimentation and erosion controls.
    4. Minimum Lot Area. 87,120 square feet (or two (2) acres) minimum lot area per dwelling unit. Because of the high likelihood of a septic tank, a potential buyer should first check with the Surry County Health Department to determine adequacy of the lot, as a larger lot could be required.
  11. WSII-BW (O) WSII-Balance of Watershed (Overlay). The WSII-BW (O) is established as an overlay district to impose lower standards in the balance of the watershed area because the risk of water quality degradation from pollution is less than in the critical area of the watershed. The regulations of this district will allow residential uses at a maximum of one (1) dwelling unit per acre and non-residential development at twelve percent (12%) built-upon area. Projects must minimize built-upon surface area, direct storm water away from surface waters and incorporate Best Management Practices to minimize water quality impacts. Non-discharging landfills and sludge applications sites are allowed.
    1. Limitations on Certain Permitted Uses
      1. Agriculture, provided that all agricultural activities will be encouraged to participate in the agricultural Cost Share Program and subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990.
      2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 N.C.A.C. 11.0101 - 11.0209).
      3. Residential development at one dwelling unit per acre on a project-by-project basis. For purposes of density calculations, total project acreage shall not include any area within the designated right-of-way of any public or private street within the project, nor shall it include any area within the project donated or dedicated to the public, except for storm water control structures approved under the high-density option. No residential lot shall be less than one (1) acre, except within an approved cluster development.
    2. Prohibited Uses
      1. No new discharging landfills.
      2. The storage of toxic and hazardous materials unless a spill containment plan is implemented.
    3. Development Applications. In addition to the standards for Site Plans, the following shall be contained on applications for development in the Watershed Overlay:
      1. Total impervious area;
      2. Location of perennial streams;
      3. Septic tank drainage field; and
      4. Sedimentation and erosion controls.
    4. Density and Built-Upon Area Standards
      1. Residential. No residential lot shall be less than one (1) acre, except within an approved cluster development.
      2. Non-residential and Multi-Family. Development may exceed the twelve percent (12%) built-upon area on a project-by-project basis in that up to five percent (5%) of the balance of the watershed (or 161 acres) may be developed for non-residential and multi-family development to seventy percent (70%) built-upon area on a project-by-project basis.
    Records for the 5/70 watershed provisions within the WSII-BW (O). The Ordinance Administrator shall keep records of the town's utilization of the provisions that a maximum of five percent (5%) of the balance of the watershed area may be developed with non-residential development to a maximum of seventy percent (70%) built upon area. Records shall include the total acres of non-critical watershed area, total acres eligible to be developed under this option, total acres approved for this development option, and individual records for each project with the following information: location, acres, site plan, use, storm water management plan as applicable and inventory of hazardous materials as applicable.