(a)

The county is hereby divided into a variety of general zoning districts. The purpose and minimum requirements of each zoning district are provided in the appropriate zoning district provisions and in article V. In addition, special overlay district regulations apply for specified areas. The applicability of all zoning districts to individual properties shall be shown on official zoning maps which shall be a part of the zoning ordinance. These maps shall be maintained for public inspection in the offices of the county planning department. Interpretation of zoning district uses and boundaries shall be as provided in article XII and article XIII.

(b)

The following general use and overlay districts are established:

(1)

General zoning districts:

a.

Rural Agricultural (RA).

b.

Rural Residential (RR).

c.

Residential Suburban (RS).

d.

Multifamily Residential (MFR).

e.

Manufactured Home Park District (MHP).

f.

Neighborhood Business (NB).

g.

Commercial, Business, Industrial (CBI).

h.

85-ED-1.

i.

85-ED-2.

j.

85-ED-3.

k.

85-ED-4.

l.

Industrial (IND).

m.

Institutional (INST).

n.

Airport Industrial (AI).

(2)

Overlay districts:

a.

Water Supply Watershed (WSO).

b.

Airport Zone (AZO).

c.

Agricultural (AO).

d.

Manufactured Home Overlay (MHO).

(Ord. of 1-19-98, § III; Ord. of 6-7-99; Ord. of 4-21-03; Amend. of 3-7-05; Amend. of 9-19-22; Amend. of 1-17-23)

(a)

Rural agricultural, RA. This district is developed to provide for a minimum level of land use regulations appropriate for outlying areas of the county. These outlying areas typically consist of rural single-family housing, larger tracts of land used for agricultural purposes, and instances of nonresidential uses intermingled. Multifamily uses are discouraged in this district. This district would provide for protection from the most intensive land uses while containing provisions for a variety of home-based business opportunities and other nonresidential uses deemed appropriate through a special use permit process. It is the intent of this district to rely upon development standards to protect residences from potential adverse impacts of allowed nonresidential uses. The most intensive land uses would not be allowed in this district.

(b)

Rural Residential, RR. This zoning district is comprised of areas of the county in which moderate levels of single-family housing has occurred or is occurring. In this district, agricultural uses have been replaced to a significant degree with single-family housing. The regulations in this district are intended to provide a land owner with an opportunity to engage in limited business or commercial activities. Multifamily uses are not allowed.

(c)

Residential Suburban, RS. The purpose of this zoning district is to protect existing residential neighborhoods and promote the creation of more residential neighborhoods. These areas are typically near major thoroughfares and have or could be provided significant infrastructure. Commercial uses, business uses and multifamily uses are generally not allowed.

(d)

Multifamily Residential, MFR. This district is intended to allow for a wide range of residential uses and will be the primary location for multifamily development. This district will typically be located near arterials or collectors. The development of multifamily developments within this district cannot be predetermined and cannot be adequately controlled by general district standards. Therefore, specific development proposals for multifamily developments in this district shall be reviewed and approved by the board of commissioners. Approval of the site plan may include the addition of reasonable and appropriate standards to the site plan. No other uses allowed in the MFR district shall require site plan approval by the board of commissioners unless expressly required by this chapter. Additional approval standards for multifamily residential developments are listed in article III. The requirements of this district shall not apply to duplexes on individual lots but shall apply to multiple duplexes on an individual lot.

(e)

Manufactured Home Park, MHP.

(1)

This district is established in order to provide for the proper location and planning of manufactured home parks, excluding family manufactured home parks. Special requirements shall be applied to these parks which shall specify improvements to the park to ensure the public health, safety and welfare of the park inhabitants as well as the surrounding area. Designation of an area as being in the MHP district provides design and appearance criteria which are more appropriate for rental manufactured housing and/or spaces, including vinyl or similar skirting, clustering of units and reduced road construction standards. These standards are not applicable to manufactured homes and/or lots located outside a MHP district. This district requires site plan review for development of manufactured home parks by the board of commissioners. This review is required because the use may have particular impacts on the surrounding area and the county as a whole. Approval of the site plan may include the addition of reasonable and appropriate standards to the site plan. No other uses allowed in the MHP district shall require site plan approval by the board of commissioner unless expressly required by this chapter.

(2)

Manufactured home parks, existing at the effective date of this chapter and registered as provided by the county mobile home park ordinance are zoned as conforming uses, even though they may not meet the development standards of this chapter. Expansions of the existing registered manufactured home parks or construction of new manufactured home parks, approved under the county mobile home park ordinance may be initiated or continue unless no work has begun within six (6) months of the date of issuance of a "permit to develop" under that ordinance, or work has ceased for a period of twelve (12) months.

(3)

Other manufactured home parks, which meet the intent of this section by having improvements similar to the requirements of this chapter may also be zoned as conforming uses. However, all expansions of any manufactured home park, existing at the effective date of this chapter shall meet all requirements of this chapter unless expressly provided otherwise. Development standards for a manufactured home park are listed in article III.

(f)

Commercial, Business, Industrial, CBI. This zone allows for a wide range of commercial, business and light to medium industrial activities which support both the local and/or regional economies. The CBI district is generally appropriate in areas identified by an adopted land use plan that recommend "highway business" along identified NC and US highways; community/regional/potential development nodes; commercial corridors; and existing commercial areas. Areas served by public water/sewer represent significant public investment to foster tax base growth and employment opportunities for the citizens, which could be served through CBI designation. The CBI district may also exist or be created in an area other than listed in this subsection if the existing or proposed development is compatible with the surrounding area and the overall public good is served.

(g)

Industrial, IND. This district is intended to provide for industrial activities involving extraction, manufacturing, processing, assembling, storage, and distribution of products. The district is also designed to accommodate other, more intense non-residential uses which generate adverse side effects such as noise, odor or dust. The IND district is generally appropriate in areas identified by an adopted land use plan for industrial corridors, potential development nodes, locations accessible to rail lines and utility infrastructure, and existing industrial areas. These corridors represent significant public and private investment, which should be identified to foster tax base growth and employment opportunities for the citizens. The IND district may also exist or be created in an area other than listed in this subsection if the existing or proposed development is compatible with the surrounding area and the overall public good is served.

(h)

Neighborhood Business, NB. This district is primarily designed to provide rural business opportunities typically in the form of small retail, service, office, and light manufacturing uses to serve the community's existing and future needs for goods, services, and employment opportunities. Standards within the district are intended to promote context sensitive development appropriately scaled and organized in a manner that would not be detrimental to the surrounding area. Development within this district would contain impacts inherently more intensive than those associated with uses permitted with special requirements in the RA district but significantly less than those in CBI zoned areas.

The NB district is generally appropriate in areas identified by an adopted land use plan for rural businesses located on identified minor and major thoroughfares and within community nodes. However, additional consideration may be necessary as some thoroughfare segments would not be conducive to NB designation due to surrounding land use and/or potential negative impacts such as traffic, noise, and visual impacts. Generally, the NB district shall be two (2) acres or larger. However a lot of record, smaller than two (2) acres may be considered for rezoning to NB if the owner of the lot does not own adjacent property which may be included in the rezoning request.

(i)

Institutional, INST. The purpose of the Institutional district is to recognize and permit the creation of defined areas for the unified and orderly development of major cultural, educational, medical, governmental, religious and other institutions in order to support and enhance their benefits to the community in a manner which protects adjacent residential uses. Trade school facilities teaching a trade, for example truck driving or welding, which have that activity on site, shall meet zoning requirements for that use.

(j)

Airport Industrial, AI. This district is established for airport-specific or related businesses that will be located, designed, constructed and maintained in a manner compatible with aviation operations. Uses in the AI district tend to focus on manufacturing, transportation, services and public administration with standards designed to promote safety and compatibility with the Mid-Carolina Regional Airport Layout Plan (ALP) adopted by the Rowan County Board of Commissioners. Any use(s) or proposed structure(s) located on Rowan County property is subject to approval by the Rowan County Board of Commissioners and shall comply with Mid-Carolina Regional's minimum standards and applicable Federal Aviation Administration (FAA) rules and regulations including FAA 7460-1 Notice of Proposed Construction or Alteration.

Properties owned by Rowan County, NC that encompass and adjoin the Mid-Carolina Regional Airport will comprise the district. District boundaries may be amended by addition of contiguous parcels via the map amendment process prescribed in section 21-362.

(Ord. of 1-19-98, § III; Ord. of 2-1-99(1), §§ 2, 9; Ord. of 6-17-02; Ord. of 4-21-03; Amend. of 4-21-14; Amend. of 9-3-19; Amend. of 6-21-21; Amend. of 9-19-22)

Overlay districts are zoning districts, which are applied only in conjunction with other zoning districts, and may grant additional use of development requirements upon the underlying zoning districts. The effect is to have both the overlay district and the underlying zoning controlling the use and development of the lot. Overlay districts are applicable on an area wide basis to support specific public policy objectives and as such should be consistent with adopted land use plans. Overlay districts may be applied to conventional and conditional zoning districts. An overlay district may be initiated as an amendment by the board of commissioners, planning board, planning staff or the property owner or their designated representative.

(1)

Airport zone overlay, AZO. The zones and restrictions established in this subsection are designed to limit the height of structures surrounding the county airport's established elevation of seven hundred seventy-two and three tenths (772.3) feet above mean sea level (msl) in order to prevent hazards to the lives and property of the users of the airport and the occupants of land in the vicinity.

a.

Uses allowed. The use requirements of the underlying district apply to the AZO district. However, all uses must be in conformance with the provisions of this section.

b.

Establishment of zones. To carry out the provisions of this section, there are hereby created and established certain civil airport imaginary surfaces which consist of the land lying beneath the approach surface, including the non-precision and precision approach zones; transitional surface; horizontal surface; conical surface; and primary surface. These civil airport imaginary surfaces are established with relation to the Rowan County Airport runway and proposed extensions of thereof. Such imaginary surfaces are defined in section 21-4 and shown on the official county airport zoning map dated September 19, 2022, which is adopted and incorporated herein by reference. The size of each such imaginary surface is based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface, applied to each end of a runway, are determined by the most precise approach procedure existing or planned for the runway end.

c.

Height limitations. Except as otherwise provided in this article, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow within the AZO district extending or projecting into the lowest applicable imaginary surfaces defined herein.

(2)

Water supply watershed overlays, WSO. The purpose of the watershed overlay is to provide for the protection of public water supplies as required by the Water Supply Watershed Classification and Protection Act (G.S. 143-214.5) and regulations promulgated therein. The watershed overlays may be an overlay in any conventional or conditional zoning district established in this chapter. The overlay districts supplement the uses or development requirements of the underlying zoning districts.

a.

Uses allowed. The use requirements of the underlying districts apply to the WSO districts, unless otherwise provided in this section. However, all allowed uses must be in conformance with the provisions of this section.

b.

Expressly prohibited in critical areas. The following uses are expressly prohibited:

1.

Landfills;

2.

Sites for land application of sludge/residuals or petroleum contaminated soils.

c.

Calculating built-upon area. For the purpose of calculating built-upon area, total project area shall include total acreage in the lot on which the project is to be developed less acreage with any public road right-of-way. Built-upon area for a non-residential use existing prior to January 1, 1994 (effective date of the initial WSO district designation and ordinance) as determined by planning staff will be subtracted from the overall lot acreage. All built-upon area proposed or existing after January 1, 1994 shall be subject to standards of this chapter. Customary home occupations defined by section 21-4 shall be considered single family development. Built-upon area calculations for a rural home occupation shall only include new built-upon area proposed and use of any existing structure(s) for the operation but not existing residential structures.

d.

Density and built-upon limits. Maximum allowable density and built-upon limits on a project by project basis is subject to one of the following options:

¹  Density averaging requests that include donating property from the critical area must comply with the built-upon area allowance in the critical area.

²  High density development is only permissible subject to section 21-33(2)f.3.i.

³  Development activities which require an erosion/sedimentation control plan must meet these requirements.

e.

Nonpoint source and stormwater pollution control. The following measures shall apply to development in the WSO unless expressly provided otherwise:

1.

Vegetated conveyances. Stormwater runoff from the project shall be released to vegetated areas as dispersed flow or transported by vegetated conveyances to the maximum extent practicable. In determining whether this criteria has been met, Rowan County shall take into account site-specific factors such as topography and site layout as well as protection of water quality. Vegetated conveyances shall be maintained in perpetuity to ensure continued function as designed. Vegetated conveyances that meet the following criteria shall be deemed to satisfy the requirements of this sub-item:

i.

Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated to Rowan County that soils and vegetation will remain stable in perpetuity based on engineering calculations and on-site soil investigation; and

ii.

The conveyance shall be designed so that it does not erode during the peak flow from the 10-year storm event as demonstrated by engineering calculations.

2.

Curb outlet systems. In lieu of vegetated conveyances, low density projects shall have the option to use curb and gutter with outlets to convey stormwater to grassed swales or vegetated areas. Requirements for these curb outlet systems shall be as follows:

i.

The curb outlets shall be located such that the swale or vegetated area can carry the peak flow from the 10-year storm and at a non-erosive velocity;

ii.

The longitudinal slope of the swale or vegetated area shall not exceed five (5) percent except where not practical due to physical constraints. In these cases, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided;

iii.

The swale's cross section shall be trapezoidal with a minimum bottom width of two (2) feet;

iv.

The side slopes of the swale or vegetated area shall be no steeper than 3:1 (horizontal to vertical);

v.

The minimum length of the swale or vegetated area shall be one hundred (100) feet; and

vi.

Low density projects may use treatment swales designed in accordance with 15A NCAC 02H.1061 in lieu of the requirements specified in sub-items i. through v. of this sub-item.

f.

Options in density compliance. Proposed development within a WSO is subject to submission of a site plan to illustrate proposed compliance with this chapter based on one of the following four (4) application types in accordance with the density standards noted in subsection 21-33(2)d. and based on the review process identified as follows:

CD - Conditional District       P - Permitted by Right
S - Special Use       SR - Permitted with Special Requirements

* Refer to section 21-111 for a description of field entries.

To verify a completed project conformed to the proposed plan, planning staff may require an as-built survey from a professional land surveyor verifying the built-upon area limits and calculations in conformity with this chapter.

1.

Low density. Proposed development meeting the low density standards with built-upon area completely contained within the subject parcel's boundary shall be subject to review by planning staff to ensure compliance with this chapter. For the purposes of section 21-33(2)f., residential clustering consisting of a planned development where the collective project acreage complies with the low density standards is considered low density subject to a special use permit reviewed in accordance with section 21-60(15).

2.

Special nonresidential intensity allocation (SNIA).

i.

Purpose. SNIA designation is a method for case by case allocation of up to ten (10) percent of the land area within the balance or protected area portion of a water supply watershed located in the county's planning and zoning jurisdiction to be developed with a built-upon surface area up to seventy (70) percent. Regardless of the options to achieve compliance with built-upon area standards in section 21-33(2)f., the county recognizes a need to create an equitable approach to preserve SNIA designations for developments less conducive to the other three (3) application types. SNIA designations should advance the public interest through applications that will enhance tax base/employment opportunities; serve a public or semi-public use; or provide other benefits as determined by the board of commissioners. To effectively evaluate a request given the limited acreage available for allocation, review standards from section 21-33(2)f.2., and land use plan guidance, applications must be reviewed as a conditional district to the WSO district.

ii.

Eligibility. Non-residential uses subject to compliance with section 21-113 and located outside the critical area are eligible unless otherwise indicated in this chapter. New development located within both a WSIV-PA and development node or corridor within an adopted Rowan County Land Use Plan, which propose three (3) acres or more in built-upon area, must seek approval under the high density option. An applicant may request the board of commissioners consider granting a waiver to the three (3) acre maximum eligibility provision and allow the request to be considered subject to section 21-33(2)f.2. In granting a waiver, the board of commissioners shall affirm the project is not consistent with the purpose of this subsection; water quality impacts resulting from the development project will be minimized; and the waiver lends itself to a better project design.

iii.

Application and review procedures. Applications for the initial development under the SNIA option shall be reviewed and approved as a conditional district in the WSO consistent with sections 21-33(2)f.2., 21-61, and 21-62 except that in lieu of section 21-62(d), a minor change to an approved SNIA request is subject to section 21-33(2)f.2.vi. Applications for SNIA may be submitted concurrent with a general or conditional zoning district or special use permit request.

iv.

Buffers. Development shall adhere to buffer requirements of section 21-213(h).

v.

Previously approved SNIA requests. SNIA requests approved by the board of commissioners prior to January 17, 2023 that either were or will be developed consistent with the approved plan, are not subject to additional consideration as a conditional district to retain development rights. Subsequent development on property consistent with this subsection may be reviewed and approved by planning staff subject to compliance with the general district standards and built-upon limits prescribed by section 21-33(2)d.

vi.

Minor change to SNIA approved after January 17, 2023. Minor change to a WSO-CD may be reviewed and approved by planning staff that propose either:

1)

Subsequent development consistent with the original approved site plan, which propose additional built-upon area consistent with all other standards of this chapter; or

2)

Reduction in building size that does not exceed the greater of five thousand (5,000) square feet or twenty-five (25) percent.

All other changes shall be considered a new request submitted per section 21-33(2)f.2.

vii.

Expiration. SNIA designations are subject to expiration referenced in section 21-62(e).

3.

High density standard and built-upon limits.

i.

Purpose. New development activities within a Watershed IV Critical Area (WS-IV-CA) or a Watershed IV Protected Area (WS-IV-PA) that require a soil erosion and sedimentation control plan pursuant to G.S. 113A article 4 or chapter 18 of the Rowan County Code of Ordinances and exceed the low density standards of subsection (2)d. of this chapter must seek approval under the high density standards when affected by any of the following:

1)

Proposing a major subdivision as defined in section 22-56 of the Rowan County Subdivision Ordinance; or,

2)

Proposing a Planned Development Subdivision (PDS) as defined in section 22-58 of the Rowan County Subdivision Ordinance; or,

3)

Located in a development node or corridor in an adopted Rowan County Land Use Plan and proposes three (3) acres or more in built-upon area.

ii.

Intent. High density standards will allow for creation of denser development projects while ensuring impacts to water quality within the watershed are minimized by utilizing best management practices to control stormwater runoff and resulting pollution. Furthermore, the application of high density standards to projects referenced in 21-33(2)f.3.i. will preserve the SNIA provision for development activities within the watershed that are of a scale and scope that do not warrant high density standards.

iii.

Standards and built-upon limits. The board of commissioners may approve a project application(s) for use of high density development standards based on the following:

1)

WS-IV-CA. Where new development exceeds the low density standards of section 21-33(2)d., engineered stormwater controls shall be used to control runoff from the first inch of rainfall and development shall not exceed fifty (50) percent built-upon area.

2)

WS-IV-PA. Where new development exceeds the low density standards of section 21-33(2)d., engineered stormwater controls shall be used to control runoff from the first inch of rainfall and development shall not exceed seventy (70) percent built-upon area.

3)

Qualifying areas of the stormwater control structure may be considered pervious when computing total built-upon area.

iv.

Application. Projects subject to the conditions of subsection (2)f.3.i. of this chapter shall submit an application for consideration by the board of commissioners subject to the process outlined in section 21-317 of this chapter.

v.

Waivers. New development activities in a WS-IV-PA subject to the requirements of this subsection may request the board of commissioners consider granting a waiver from the high density standards and instead allow the project to utilize the provisions of section 21-33(2)f.2. In granting a waiver, the board of commissioners shall affirm the project is not consistent with the purpose and intent of this subsection; water quality impacts resulting from the development project will be minimized; and the waiver lends itself to a better project design.

4.

Density averaging.

i.

Purpose and intent.

1)

Purpose. Density averaging provides non-residential developments in watershed overlay districts the option to aggregate density between two (2) non-contiguous properties for the purpose of compliance with the water supply watershed development standards of 21-33(2)d. This process involves the allowable built upon area of a donating property being transferred to a receiving property to comply with the built-upon limits for the respective water supply watershed.

2)

Intent. Density Averaging is intended as an alternative method of compliance for built-upon limits within the subject parcel boundary, stormwater control measures with high density standards, or SNIA applications for non-residential development.

ii.

Eligibility. An applicant may average development density between two (2) non-contiguous properties (i.e. one (1) donating property and one (1) receiving property) for purposes of achieving compliance with the water supply watershed development standards if all of the following circumstances exist:

1)

The properties are within the same water supply watershed, located entirely within Rowan County's Zoning Jurisdiction. Properties located in the critical area of the watershed are not eligible to be a receiving property but may be used as the donating property for projects outside the critical area.

2)

Overall project density on the collective receiving and donating property meets applicable built-upon area requirements (existing and proposed) as prescribed in section 21-33(2)d. Built-upon area received from the critical area of the watershed is still subject to the requirements of the critical area. Built-upon area calculations from both properties including any remaining balance of the donating property shall be provided.

3)

The donating property must be an existing or proposed tract of land having sufficient acreage or square footage to offset all, or requisite portion of the built-upon area on the receiving property. If the donating property will be a new tract and it is not exempt under section 22-6, the new tract must meet all lot requirements except for road frontage. At a minimum, access shall be sufficient to provide vehicular access for tract maintenance.

4)

The donating property will remain in a perpetually undeveloped and vegetated or natural state and will be managed by one (1) of the following means:

a.

Conveyed and accepted by a local government as a public park or greenway;

b.

Placed under a conservation easement or farmland preservation easement; or

c.

Recorded plat and deed restriction;

Applicants have the burden of demonstration to the board of commissioners their proposal will ensure perpetual compliance with this chapter.

5)

The following areas shall not be eligible for use as the donating property:

a.

Any area within a floodway or non-encroachment area as identified on the Rowan County Flood Insurance Rate Maps.

b.

Any dedicated or observed road easement or right-of-way.

c.

Any dedicated utility easement or right-of-way.

d.

Any railroad right-of-way.

e.

Any area within a stream buffer as required by section 21-213(h).

f.

Any area identified as a wetland.

g.

Any septic drain fields identified by the Rowan County Environmental Health Department.

h.

Any area within an existing conservation easement.

6)

Properties that have received a SNIA permit, utilize the high-density standards from section 21-33(2), or have received a watershed variance are not eligible for density averaging.

7)

The proposed development is a non-residential use.

8)

Both the receiving property and the donating property can be in joint or separate ownership so long as all other requirements of this section are met.

9)

Development permitted under density averaging and meeting applicable low-density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable as certified by a North Carolina Professional Engineer.

10)

Built upon areas are designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas as certified by a North Carolina Professional Engineer.

11)

Vegetated setbacks on both properties meet the minimum requirements of 21-213(h).

iii.

Application. Projects that meet the eligibility requirements in subsection (2)f.4. may submit a density averaging permit application for consideration by the board of commissioners subject to the process outlined in section 21-318 of this chapter.

(3)

Agricultural overlay, AO. The purpose of the Agricultural Overlay District is to enhance the underlying Rural Agricultural (RA) district with options that encourage the continued vitality of active farming operations and preservation of viable agricultural areas. The district may be applied to all or portions of property consisting of working farmland used extensively for agricultural and livestock production. The district is intended to supplement bona fide farming and agritourism activities defined in G.S. 160D-903(a) with ancillary retail trade and services to support the overall farm operation.

a.

Uses allowed. The following agricultural and related uses are allowed:

b.

Ancillary uses permitted. The following uses may be permitted ancillary to the existing farming operation subject to applicable NC Building Code and Environmental Health standards:

c.

Ancillary uses permitted with special requirements. The following ancillary uses may be permitted subject to site plan submittal containing the relevant information from section 21-52 and applicable ordinance standard(s) referenced below. Depending on the use, compliance may also include applicable NC Building Code and Environmental Health standards. Failure to substantiate compliance with a special requirement(s) shall be grounds for denial.

d.

Hours of operation. Drinking places (alcoholic beverages) may operate from 10:00 a.m until 9:00 p.m.

e.

Change in bona fide farming status. Should the bona fide farm no longer qualify as such pursuant to G.S. 160D-903(a), the expansion, repair and replacement of ancillary and special requirement uses permitted by subjections (b) and (c) will be subject to the non-conforming situations of article VI of this chapter.

(4)

Manufactured home overlay, MHO.

a.

Purpose and intent. The purpose of the manufactured home overlay is to provide for the development of type II and type III manufactured homes in established residential zoning districts while maintaining the overall residential, rural or agricultural character of those districts. Because of the potential impacts of the establishment of this district, it has prescribed conditions contained in this subsection to ensure compatibility with the surrounding area.

b.

Permitted districts. The manufactured home overlay supplements the range of uses and regulations in the underlying district. The overlay is allowed in the following districts permitting residential development: RA, RR, CBI and MFR. All other uses in the underlying district shall continue to remain in effect and subject to the regulations and conditions of approval of the underlying district.

c.

Procedures for district designation. The following procedures are required for MHO district designation:

1.

Designation as an MHO district shall require a rezoning as provided in article XIV of this chapter.

2.

Upon approval of an MHO district by the board of commissioners, the area so designated shall be labeled "MHO" on the zoning map.

d.

Review. The petitioner seeking to rezone property to this district must illustrate that the proposed development will comply with the evaluation criteria contained in section 21-59. A site plan is required as provided by section 21-52. In approving the district reasonable conditions may be included to protect the public health, safety and welfare and to meet the intent of this chapter.

e.

Development standards. The following standards shall apply for the location of type II and type III manufactured homes unless specifically provided otherwise in this chapter:

1.

Location of type II and type III manufactured homes on subdivisions of one (1) or more lots shall require establishment of an MHO zoning district.

2.

Upon establishment of an MHO district the following types of homes may be located in the following districts:

i.

RA district: Type II and type III.

ii.

RR district: Type II.

iii.

CBI district: Type II and type III.

iv.

MFR district: Type II and type III.

3.

The side and rear yard setbacks for the external boundary of the district is thirty (30) feet.

(Ord. of 1-19-98, § III; Ord. of 6-7-99; Ord. of 12-18-00(2); Ord. of 10-4-04; Amend. of 11-2-09; Amend. of 4-21-14; Amend. of 9-6-16; Amend. of 8-19-19(1); Amend. of 6-21-21; Amend. of 9-19-22; Amend. of 1-17-23; Amend. of 1-17-23; Amend. of 5-1-23; Amend. of 9-15-25)

(a)

The following district are hereby established to preserve, encourage and enhance the economic development opportunities in areas adjacent and near I-85 in accordance to plans adopted by the county board of commissioners. It is recognized that I-85 is uniquely important the future of the county because of the great potential for development of all types that exist along this corridor. Development within these districts shall be of types which maximize the economic benefits to the county while minimizing the potential impacts.

(b)

The district are designed to accommodate, as appropriate, uses such as manufacturing, distribution, retail, service industries, corporate parks. Certain individual uses may be allowed as uses by right in some districts, while other more intensive uses may require a higher level of review and approval by the county. The districts encourage and allow more creative design of land development than may be provided on other general zoning districts. This flexibility is provided for planned unit developments.

(c)

The districts are labeled as 85-ED 1 through 4. "85" represents the relationship to I-85. "ED" represents the economic development designation for the sites.

(1)

85-ED-1. The purpose of the 85-ED-1 district is to encourage the location of "high capital investment/high wage/low employment/clean" industries. Certain industries shall be allowed as permitted uses standards provided to protect adjacent neighborhoods. Other heavy industries may be allowed as special uses. If part of a larger master plan limited accessory and ancillary retail and service uses may be allowed.

a.

In the 85-ED-1 district the following uses are permitted by right with a minimum lot size of five (5) acres:

Construction group:

General Building Contractors (SIC 15).

Special Trade Contractors (SIC 17).

Manufacturing group:

Printing and publishing (SIC 27).

Drugs (SIC 283).

Soap, detergents, and cleaning preparations; perfumes, cosmetics, and other toilet preparations (SIC 284).

Rubber and miscellaneous plastics products (SIC 30).

Fabricated metal products (SIC 34), except:

Ammunition, except for small arms (SIC 3483).

Ordnance and accessories (SIC 3489).

Industrial machinery and equipment (SIC 35).

Electrical and electronic equipment (SIC 36), except:

Power distribution and specialty transformers (SIC 3612).

Transportation equipment (SIC 37).

Instruments and related products (SIC 38).

Miscellaneous manufacturing industries (SIC 39).

Transportation, communication, and utilities group:

Non-residential and roof-mounted solar energy systems (SIC 491 (pt)) subject to the size and locational restrictions of 21-56(6)c.

b.

The following are allowed with the issuance of a special use permit:

Manufacturing group:

Lumber and wood products (SIC 24).

Furniture and fixtures (SIC 25).

Plastic materials, synthetic resins, etc. (SIC 282).

Paper and allied products (SIC 26).

Stone, clay, glass, and concrete products (SIC 32).

Primary metal industries (SIC 33).

Services group:

Racing, including track operation (SIC 7948).

Transportation, communication, and utilities group:

Communications and telecommunication towers (SIC 48 (pt)).

c.

Approval of a PUD with a minimum lot size of twenty (20) acres will allow the above uses in addition to accessory and ancillary uses on up to ten (10) percent of the total acreage.

Transportation, communication, and utilities group:

Local and interurban passenger transit (SIC 41).

Transportation services (SIC 47).

Retail trade group:

General merchandise stores (SIC 53).

Food stores (SIC 54).

Eating and drinking places (SIC 58).

Miscellaneous retail (SIC 59).

Finance, insurance, and real estate group:

Depository institutions (SIC 60).

Service industries group:

Hotels, rooming houses, camps, and other lodging places (SIC 70).

Personal services (SIC 72).

Business services (SIC 73).

Automotive repair, services, and parking (SIC 75).

(2)

85-ED-2. In areas where existing conditions such as surrounding development, access etc. may make the area less marketable for uses listed exclusively in the 85-ED-1 district then the 85-ED-2 district may be appropriate. The primary additions to this district are distribution and wholesaling operations.

a.

Certain industries shall be allowed as permitted uses with standards provided to protect adjacent neighborhoods. Other heavy industries and distribution and wholesale operations may be allowed as special uses. If part of a larger master plan limited accessory and ancillary retail and service uses may be allowed.

Construction group:

General Building Contractors (SIC 15)

Special Trade Contractors (SIC 17)

Manufacturing group:

Printing and publishing (SIC 27).

Drugs (SIC 283).

Soap, detergents, and cleaning preparations; perfumes, cosmetics, and other toilet preparations (SIC 284).

Rubber and miscellaneous plastics products (SIC 30).

Fabricated metal products (SIC 34), except:

Ammunition, except for small arms (SIC 3483).

Ordnance and accessories (SIC 3489).

Industrial machinery and equipment (SIC 35).

Electrical and electronic equipment (SIC 36), except:

Power distribution and specialty transformers (SIC 3612).

Transportation equipment (SIC 37).

Instruments and related products (SIC 38).

Miscellaneous manufacturing industries (SIC 39).

Transportation, communication, and utilities group:

Motor freight transportation and warehousing (SIC 42), except:

Dead storage of manufactured homes

Automobile dead storage (SIC 4226 pt.)

Oil and gasoline storage caverns for hire and petroleum and chemical bulk stations and terminals for hire (SIC 4226 pt.)

Non-residential and roof-mounted solar energy systems (SIC 491 (pt)) subject to the size and locational restrictions of 21-56(6)c.

Service industries group:

Engineering and management services (SIC 87).

Service industries group:

Engineering and management services (SIC 87).

Wholesale trade group:

Wholesale trade—durable goods (SIC 50), except:

Motor vehicle parts, used (outdoor) [SIC 5015].

Scrap and waste materials (SIC 5093).

Wholesale trade—nondurable goods (SIC 51), except:

Livestock (wholesale) [SIC 5154].

Chemicals and allied products (SIC 516).

Petroleum and petroleum products (SIC 517).

b.

The following are allowed with the issuance of a special use permit:

Manufacturing group:

Lumber and wood products (SIC 24).

Furniture and fixtures (SIC 25).

Plastic materials, synthetic resins, etc. (SIC 282).

Paper and allied products (SIC 26).

Stone, clay, glass, and concrete products (SIC 32).

Primary metal industries (SIC 33).

Transportation, communication, and utilities group:

Transportation services (SIC 47).

Communications and telecommunication towers (SIC 48 (pt)).

Services group:

Racing, including track operation (SIC 7948).

c.

Approval of a PUD with a minimum lot size of twenty (20) acres will allow the above uses in addition to accessory and ancillary uses on up to ten (10) percent of the total acreage.

Transportation, communication, and utilities group:

Local and interurban passenger transit (SIC 41).

Retail trade group:

General merchandise stores (SIC 53).

Food stores (SIC 54).

Eating and drinking places (SIC 58).

Miscellaneous retail (SIC 59).

Finance, insurance, and real estate group:

Depository institutions (SIC 60).

Service industries group:

Hotels, rooming houses, camps, and other lodging places (SIC 70).

Personal services (SIC 72).

Business services (SIC 73).

Automotive repair, services, and parking (SIC 75).

(3)

85-ED-3 Corporate Park District. Some areas with good interstate visibility, good access and good surrounding environment may be suitable for high-end corporate headquarters. This may or may not include manufacturing. The purpose of the district is to provide for a high-quality mixture of employment uses of varying types in a single coordinated development. Minimum development size is twenty (20) acres and will require approval of a PUD.

a.

Allowed primary uses are:

Manufacturing group:

Lumber and wood products (SIC 24).

Furniture and fixtures (SIC 25).

Paper and allied products (SIC 26).

Printing and publishing (SIC 27).

Plastic materials, synthetic resins, etc. (SIC 282).

Drugs (SIC 283).

Soap, detergents, and cleaning preparations; perfumes, cosmetics, and other toilet preparations (SIC 284).

Rubber and miscellaneous plastics products (SIC 30).

Stone, clay, glass, and concrete products (SIC 32).

Primary metal industries (SIC 33).

Fabricated metal products (SIC 34), except:

Ammunition, except for small arms (SIC 3483).

Ordnance and accessories (SIC 3489).

Industrial machinery and equipment (SIC 35).

Electrical and electronic equipment (SIC 36), except:

Power distribution and specialty transformers (SIC 3612).

Transportation equipment (SIC 37).

Instruments and related products (SIC 38).

Miscellaneous manufacturing industries (SIC 39).

Transportation, communication, and utilities group:

Motor freight transportation and warehousing (SIC 42).

Transportation services (SIC 47).

Non-residential and roof-mounted solar energy systems (SIC 491 (pt)) subject to the size and locational restrictions of 21-56(6)c.

Service industries group:

Hotels, rooming houses, camps, and other lodging places (SIC 70).

Personal services (SIC 72).

Business services (SIC 73).

Automotive repair, services, and parking (SIC 75).

Health services (SIC 80).

Legal services (SIC 81).

Educational services (SIC 82).

Membership organizations (SIC 86).

Engineering and management services (SIC 87).

b.

Allowed accessory and ancillary uses on up to twenty (20) percent of the total acreage:

Transportation, communication, and utilities group:

Local and interurban passenger transit (SIC 41).

Wholesale trade group:

Wholesale trade—durable goods (SIC 50).

Wholesale trade—nondurable goods (SIC 51).

Retail trade group:

General merchandise stores (SIC 53).

Food stores (SIC 54).

Eating and drinking places (SIC 58).

Miscellaneous retail (SIC 59).

Finance, insurance, and real estate group:

Depository institutions (SIC 60).

Service industries group:

Hotels, rooming houses, camps, and other lodging places (SIC 70).

Personal services (SIC 72).

Business services (SIC 73).

c.

The following are allowed with the issuance of a special use permit:

Transportation, communication, and utilities group:

Communications and telecommunication towers (SIC 48 (pt)).

(4)

85-ED-4 Retail Center. Many areas near the interstate will draw interest from retailers. It is often appropriate or desirable to have a portion of an area zoned for larger retail development. This helps ensure availability of most retail and service needs in a location nearby and accessible to major employment and residential areas. Minimum development size is twenty (20) acres and will require approval of a PUD.

a.

Allowed primary and accessory uses are:

Retail trade group:

Building materials, hardware, garden supply, and mobile (SIC 52).

General merchandise stores (SIC 53).

Food stores (SIC 54).

Automotive dealers and gasoline service stations (SIC 55).

Apparel and accessory stores (SIC 56).

Furniture, home furnishings and equipment stores (SIC 57).

Eating and drinking places (SIC 58).

Miscellaneous retail (SIC 59).

Finance, insurance, and real estate group:

Depository institutions (SIC 60).

Nondepository credit institutions (SIC 61).

Security, commodity brokers, and services (SIC 62).

Insurance carriers (SIC 63).

Insurance agents, brokers, and service (SIC 64).

Real estate (SIC 65).

Holding and other investment offices (SIC 67).

Service industries group:

Hotels, rooming houses, camps, and other lodging places (SIC 70).

Personal services (SIC 72).

Business services (SIC 73).

Automotive repair, services, and parking (SIC 75).

Miscellaneous repair services (SIC 76).

Motion pictures (SIC 78).

Amusement and recreational services (SIC 79).

Health services (SIC 80).

Legal services (SIC 81).

Educational services (SIC 82).

Social services (SIC 83).

Museums, art galleries, botanical and zoological garden (SIC 84).

Membership organizations (SIC 86).

Engineering and management services (SIC 87).

Miscellaneous services (SIC 89).

Transportation, communication, and utilities group:

Non-residential and roof-mounted solar energy systems (SIC 491 (pt)) subject to the size and locational restrictions of 21-56(6)c.

b.

The following are allowed with the issuance of a special use permit:

Transportation, communication, and utilities group:

Communications and telecommunication towers (SIC 48 (pt)).

(5)

Approval process for PUDs. All PUDs shall be reviewed and approved as required for special use permits in article III of this chapter. Uses included in PUDs which require special use approval as freestanding uses shall not require separate a separate special use permit approval if approved as part of a PUD.

(6)

Other zoning criteria. Notwithstanding limits on reduction of setbacks in article XIII of this chapter, all standards are subject to modification in site plan approval process. However, in no situation shall the required buffer from project perimeter be reduced if adjacent to a residentially zoned area.

a.

Buffers. Forty (40) feet from project perimeter.

b.

Screening. In accordance with article IX, screening for a PUD shall be determined using the predominant use of the PUD or relevant portion thereof.

c.

Street frontage. Minimum of one hundred (100) feet for development.

d.

Maximum lot coverage. Eighty (80) percent of lot area.

e.

Development size. Development sizes are as permitted below. Permitted and special uses on lots five (5) acres or more but less than twenty (20) acres in size are only allowed on lots of record existing at the effective date of the ordinance from which this chapter derives, or on aggregations of lots existing at the effective date of the ordinance, creating a lot five (5) acres or larger in size.

1.

85-ED-1.

Permitted used .....5 acres

Special uses .....5 acres

PUDs .....20 acres

2.

85-ED-2. .....

Permitted used .....5 acres

Special uses .....5 acres

PUDs .....20 acres

3.

85-ED-3. .....

PUDs .....20 acres

4.

85-ED-4. .....

PUDs .....20 acres

f.

Subdivision requirements. All subdivisions of property must be approved as a PUD.

g.

Maximum building height. No maximum height.

h.

Parking. As required in zoning ordinance.

i.

Signs. As provided in zoning ordinance.

j.

Circulation system. Requires access to major or minor thoroughfare or interstate service road. No access to local streets is allowed. Interior streets are designed to connect to other adjoining property within an 85-ED district. This requirement may be waived if it is found that connection to adjoining property is not appropriate due to incompatibility of adjacent development.

k.

Nuisance conditions. The project shall no cause detrimental levels of noise, dust, odor etc. to nearby areas.

l.

Loading, maintenance and outdoor storage areas. All loading, maintenance and outdoor storage areas shall be located to the rear or side of the building, but shall not face a side street unless approved as such during the PUD process.

m.

Open space. Open space shall be suitably landscaped with grass and/or trees and shrubs. Within a PUD the open space shall be pedestrian oriented. Parking or vehicular access is not allowed.

n.

Lighting. Lighting shall be provided at intersections, along walkways and in parking lots. The maximum height of lighting is twenty-five (25) feet. Spacing of lighting shall be four (4) times the height.

o.

Building character and style. Building designs within a PUD shall strive to establish a distinctive style and maintain a high quality development standard. Buildings should include similar architectural styles but should not be identical throughout the development. The site plan shall at a minimum describe building materials colors and architectural features of the development.

p.

Pedestrian facilities and design. Within a PUD, the site plan shall provide for a unified and well-organized arrangement of buildings, service areas, parking, etc., to provide a high level of convenience and safety for pedestrians, employees, and visitors.

q.

Landscaping. Approval of PUD shall include at a minimum the following:

1.

Trees shall be planted on both sides of interior access streets used by the public. These trees shall be ten (10) feet tall at planting and a minimum of twenty (20) feet tall at maturation, and shall be of similar size and shape. The trees shall be planted no further than forty (40) feet apart.

2.

Entranceways and medians shall be landscaped with trees and/or shrubs as appropriate for the type of development.

(Ord. of 12-18-00(2); Amend. of 3-7-05; Amend. of 11-2-09; Amend. of 9-6-11; Amend. of 3-4-13; Amend. of 8-9-13; Amend. of 4-21-14; Amend. of 10-17-16; Amend. of 7-13-20(1); Ord. of 4-5-21(1); Amend. of 6-21-21; Amend. of 11-15-21)