ZONING ORDINANCE
Stokes County, North Carolina
Table of Contents
Page
ARTICLE I Authority and Enactment Clause .............................................................1
ARTICLE II Short Title ..............................................................................................2
ARTICLE III Jurisdiction
Section 30 Territorial Application .........................................................3
Section 31 Bona Fide Farms Exempt.....................................................3
Section 32 Grandfather Clause ..............................................................3
ARTICLE IV Definitions
Section 40 Interpretation of Commonly Used Terms and Words..........4
Section 41 Definitions of Specific Terms and Words ...........................4
ARTICLE V Establishment of Districts
Section 50 General Use Zoning District ..............................................11
Section 50A Conditional Use District Historical ...................................11
Section 51 Conditional Zoning District ...............................................12
Section 52 Procedures for Conditional Zoning Districts .....................13
Section 53 District Boundaries shown on Zoning Map .......................13
Section 54 Due Consideration Given to District Boundaries ..............13
Section 55 Rules Governing Interpretation of District Boundaries .....14
ARTICLE VI Application of Regulations
Section 60 Zoning Affects Every Building and Use ............................15
Section 61 Reduction of Lot and Yard Areas Prohibited ....................15
Section 62 Relationship of Building to Lot .........................................15
ARTICLE VII Non-Conforming Situations
Section 70 Continuing the Use of Non-Conforming Land ..................16
Section 71 Continuing the Use of Non-Conforming Buildings ...........17
Section 72 Replacement of Non-Conforming Mobile Homes .............19
Section 72A Replacement of Non-Conforming Single Family ..............20
Dwellings
Section 73 Signs ...................................................................................21
Section 74 Off-Street Parking and Storage ..........................................24
Section 75 Off-Street Loading and Unloading Space ..........................28
Section 76 Regulations Governing Mobile Home Parks .....................28
Section 77 Individual Mobile Home - Temporary Permits .................35
Section 77A Permits ...............................................................................35
Section 78 Temporary Uses .................................................................35
ARTICLE VIII Use Requirements by District
Section 80 R-A Residential-Agricultural District ................................40
Section 81 R-20 Residential-Low Density ..........................................55
Section 82 R-15 Residential-Moderate Density ..................................57
Section 83 R-8 Residential-High Density District ...............................59
Section 84 R-E Residential Exclusive District ....................................61
Section 85 R-R Residential Restricted .................................................63
Section 86 R-M Residential Mixed......................................................65
Section 87 Residential Multi-family ....................................................70
Section 88 MHP Manufactured Housing Park.....................................70
Section 89 H-B Highway Business District .........................................71
Section 90 C-S Community Shopping District ....................................84
Section 91 M-I Light Manufacturing District ......................................87
Section 92 M-2 Heavy Manufacturing District ...................................92
Section 93 Floodplain District .............................................................97
ARTICLE IX Exceptions and Modifications
Section 94 Substandard Lots ..............................................................100
Section 95 Front Yard Setbacks for Dwellings..................................100
Section 96 Height Limitations ...........................................................100
Section 97 Visibility at Intersections .................................................100
Section 98 Fences in Residential Zones.............................................100
Section 99 Group Development - Deleted ...……………………… 101
Section 100 Planned Unit Development ........................................ 101
ARTICLE X Administration and Enforcement
Section 101 Zoning Enforcement Officer ............................................109
Section 102 Certification of Zoning Compliance Required ................109
Section 103 Application for Certificate of Zoning Compliance ..........109
Section 104 Health Department Approval of Water Supply and .........109
Sewage Disposal Facilities
Section 105 Certificate of Occupancy Required ..................................110
Section 106 Remedies Available .........................................................110
ARTICLE XI Board of Adjustment
Section 110 Establishment of Board of Adjustment ............................111
Section 111 Proceedings of the Board of Adjustment .........................111
Section 112 Powers and Duties of the Board of Adjustment ...............114
Section 113 Quasi-Judicial Decisions and Judicial Review ................115
Section 114 Duties of the Zoning Enforcement Officer, Board of ..... 115
Adjustment, Courts and County Commissioners on
Matters of Appeal
ARTICLE XII Amendments and Changes
Section 120 Motion to Amend ............................................................ 117
Section 121 Protest Against Amendment ........................................... 117
Section 122 Planning Board Action .................................................... 117
ARTICLE XIII Conditional Zoning
Section 130 Purposes .......................................................................... 118
Section 131 Jurisdiction ...................................................................... 118
Section 132 Procedure for Obtaining a Conditional Zoning Approval118
Section 133 Vested Rights ...................................................................122
Section 134 General Provisions in Granting Conditional Zoning .......124
Section 135 Regulations Governing Duplex and Multi-Family ..........125
Dwellings
Section 136 Procedures for obtaining a Special Use...........................127
ARTICLE XIV Legal Provisions
Section 140 Conflict with Other Ordinances.......................................128
Section 141 Validity............................................................................128
Section 142 Penalties...........................................................................128
Section 143 Effective Date .................................................................132
ARTICLE XV Drinking Supply Watershed Protection
Section 1 Establishment of Watershed Overlay District.............................133
Section 2 Definitions...................................................................................134
Section 3 Intent .........................................................................................136
Section 4 Applicability................................................................................136
Section 5 Exceptions and Applicability.......................................................137
Section 6 Watershed II Critical Area (WS-II CA)....................................137
Section 7 Watershed II Watershed Balance of Watershed .........................138
Section 8 WSIV Watershed-Protected Area (WS IV PA)...........................139
Section 9 Cluster Development...................................................................140
Section 10 Stream Buffer Areas Required.....................................................141
Section 11 Administration.............................................................................141
Section 12 Adoption and Effective Date.......................................................144
APPENDIX-A-DIMENSIONAL REQUIREMENTS TABLES...........................................141
APPENDIX-B-WIRELESS TELECOMMUNICATION FACILITIES..............................147
REQUIREMENTS
Stokes County Zoning Ordinance
1
AN ORDINANCE PROVIDING FOR THE ZONING OF
STOKES COUNTY, NORTH CAROLINA
ARTICLE I
Authority and Enactment Clause
In pursuance of authority conferred by Chapter 160D of the General Statutes of North Carolina,
and for the purpose of promoting the public health, safety, morals and general welfare; promoting
the orderly development of the county; lessening congestion in the roads and streets; securing
safety from fire, panic, and other dangers; providing adequate light and air; preventing the
overcrowding of land, avoiding undue concentration of population; and facilitating the adequate
provision of transportation, water, sewerage, schools, parks, and other public requirements, all in
accordance with a well-considered comprehensive plan. (Amended 6-1-21)
NOW, THEREFORE, The Board of County Commissioners of Stokes County, North Carolina,
does hereby ordain and enact into law these Articles and Sections.
Stokes County Zoning Ordinance
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ARTICLE II
Short Title
This Ordinance shall be known as The Zoning Ordinance of Stokes County, North Carolina,” and
the map referred to, which is identified by the title Official Zoning Map, Stokes County, North
Carolina” shall be known as the “Zoning Map.”
Stokes County Zoning Ordinance
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ARTICLE III
Jurisdiction
Section 30 Territorial Application
This Ordinance shall apply to all lands within areas designated as “official zone areas” by the
Board of County Commissioners of Stokes County. This Ordinance may also regulate territory
within the zoning regulation jurisdiction of any municipality whose governing body by resolution
agrees to such regulation; provided, however, that any such municipal governing body may, upon
one year’s written notice or such lesser time on which both Boards may agree, (#19) withdraw
from the jurisdiction of the county zoning regulations, and those regulations shall have no further
effect within the municipality’s jurisdiction.
Section 31 Bona Fide Farms Exempt
Stokes County does not intend to regulate farming activities. Cropland or farm buildings, including
such structures as farmhouses, tenant housing (dwelling for workers who are employed on the farm
where they reside), tobacco barns, and apple sheds, are excluded from the regulations described in
the zoning text. The regulations of this zoning ordinance take effect only when farmland is
developed for some type of non-farm activity. For example, if a farmer sold his farm for a 50-unit
residential subdivision, or a 5-acre tract for a shopping center, or a 2-acre tract for an industrial
site, the landwhoever owned itwould then be regulated by this Ordinance.
The rationale for excluding farming activities from zoning controls is simply that farming activities
generally take place on relatively large tracts of land -- 20, 50, 100 acres or more. The location of
a farmhouse, or a tobacco barn has little impact on a neighbor who may live two miles away. This
is not the case when a person owns a lot of an acre or less in size. What happens on the neighboring
property has direct impact on his property.
Amendment #19 -- Amended August 5, 1985
For example, the property owner wants to develop his property for a residential subdivision or a
commercial or industrial use, and the adjoining landowner wants to be assured that his property is
protected. This could be done either by excluding certain incompatible uses or insuring that other
uses are developed to specific standards that enhance the quality of the neighborhood.
Section 32 Grandfather Clause
Any use of land or building shall be regulated by this Ordinance. However, any outstanding
building permit valid at the time of adoption shall remain in force, and nothing in this Ordinance
shall require a change of plans, construction, or designated use of any structure for which such
permit has been issued.
Stokes County Zoning Ordinance
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ARTICLE IV
Definitions
For the purpose of interpreting this Ordinance certain words or terms are herein defined. The
following words shall, for the purpose of this Ordinance, have the meaning herein indicated.
Section 40 Interpretation of Commonly Used Terms and Words
Words used in the present tense include the future tense.
Words used in the singular number include the plural, and words used in the plural number include
the singular, unless the natural construction of the wording indicates otherwise.
The word “person” includes a firm, association, corporation, trust, and company, as well as an
individual.
The words “used for” shall include the meaning “designed for.”
The word “structure” shall include the word “building.”
The word “lot” shall include the words “plot,” “parcel,” or “tract.”
The word “shall” is always mandatory and not merely directory.
Section 41 Definitions of Specific Terms and Words
Accessory Use: A use customarily incidental and subordinate to the principal use or building and
located on the same lot with such principal use or building.
Agricultural Tourism (Agritourism): Any activity carried out on a bona fide farm or ranch as
defined by NC General Statute 160D-903 (a) (1-4) that allows members of the general public, for
recreational, entertainment, or educational purposes, to view or enjoy rural activities. these
activities include farming, ranching, historic, cultural, harvest your own activities, or natural
activities and attractions, or an agricultural use where agricultural products are processed, treated
sorted, blended, made, stored, sold at wholesale or retail for consumption on or off the premises,
offers tours to the public, provides samples and or sales of agricultural products or similar uses
that will enhance the over-all property for agricultural tourism. See North Carolina General Statue
references, GS106-581.1 Agriculture defined, and GS99E-30 Definitions, GS99e-31 Liability,
GS99E-32 Warning required concerning Agritourism Activity Liability. (Amended 12-3-13 &
Amended 6-1-21)
Agritourism Restaurant/Lodging: A restaurant or lodging facility associated with and located
on property that qualifies as an Agritourism venue site and meets the statutory requirements for a
bona fide farm. (Amended 10-2-18)
Alley: A public way, which affords only a secondary, means of access to abutting property and
not intended for general traffic circulation.
Backyard Workshop: A small commercial operation located at the rear of a dwelling unit where
the principal use of the lot is for residential and the secondary activity is commercial.
Bed and Breakfast Home: A private home offering bed and breakfast accommodations to eight
(8) or less persons per night for a period of less than one (1) week. (#28)
Stokes County Zoning Ordinance
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Buffer Strip: A buffer strip shall consist of a planted strip at least ten (10) feet in width, composed
of deciduous or evergreen trees or a mixture of each, spaced not more than twenty (20) feet apart
and not less than one (1) row of dense shrubs, spaced not more than five (5) feet apart.
Building: Any structure having a roof supported by columns or by walls, and intended for shelter,
housing or enclosure of persons, animals or chattels.
Building, Accessory: A building subordinate to the main building on a lot and used for purposes
customarily incidental to those of the main building.
Building, Principal: A building in which is conducted the main or principal use of the lot on
which said building is situated.
Building Setback Line: A line establishing the minimum allowable distance between the nearest
portion of any building (excluding the outermost three (3) feet of any uncovered porches, eaves,
gutters and similar fixtures) and the street, road, or highway right of way line or easement line
when measured perpendicular thereto.
Crematory: A single furnace or retort for use in the cremation of human remains. (Amended 12-
3-13)
Crematorium: A room in which a crematory furnace or retort is housed in a funeral home.
(Amended 12-3-13)
Customary Home Occupation: Any use conducted entirely within a dwelling and carried on by
the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for
residential purposes and does not change the character thereof, and in connection with which there
is no display, no outside storage, no stock-in-trade nor commodity sold on the premises; provided
further, that no person not a resident on the premises is employed in connection with the home
occupation, except that not more than two (2) assistants may be employed by the following
occupations: physician, dentist, chiropractor. Such occupation shall be carried on solely within
the main dwelling and shall not occupy more than twenty-five percent (25%) of the total floor
space of the dwelling.
Amendment #28 -- Amended February 2, 1993
Amendment # -- March 7, 1995
Dwelling Unit: A building, or portion thereof, designed, arranged or used for permanent living
quarters for one (1) family. The term “dwelling” shall not be deemed to include a motel, hotel,
tourist home, mobile home or other structure designed for transient residence.
Dwelling, Single-Family: A detached building designed for or occupied exclusively by one (1)
family.
Dwelling, Two-Family: A building arranged or designed to be occupied by two (2) families living
independently of each other.
Dwelling, Multi-Family: A building or portion thereof used or designed as a residence for three
(3) or more families living independently of each other; including apartment houses and group
housing projects.
Easement: A right of use over the property of another that entitles its holder to a specific limited
use or enjoyment.
Family: One or more persons living together as a household.
Floodplain: That area designated on the official zoning map as the floodplain.
Funeral Home: A building that can be used for the embalming or the deceased prior to burial and
for the viewing of the deceased and ceremonies connected therewith before burial. (Amended 12-
3-13)
Stokes County Zoning Ordinance
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Funeral Home with Crematorium: A building used for the embalming and or cremation of the
deceased prior to burial and the viewing of the deceased and ceremonies connected therewith
before burial or cremation. (Amended 12-3-13)
Gable Roof: The generally triangular section of a wall at the end of a pitched roof occupying the
space between the two slopes of the roof.
Gross Floor Area: The total floor area of all buildings in a project including basements,
mezzanines and upper floors, exclusive of stairways and elevator shafts. It excludes separate
service facilities outside the main building such as boiler rooms and maintenance shops.
Group Camp: A camp providing camping facilities for ten (10) or more persons.
Group Development: A group of two (2) or more principal structures built on a single lot, tract
or parcel of land not subdivided into the customary blocks and lots and which will not be
subdivided, and designed for occupancy by separate families, businesses or other enterprises. Such
developments shall be fully subject to applicable provisions of county subdivision regulations.
Examples would be: cluster-type subdivisions, row houses, apartment courts, housing projects,
school and hospital campuses, shopping centers, and industrial parks.
Amendment # -- Amended March 7, 1995
Hip Roof: The external angle formed by the meeting of two adjacent sloping sides of a roof. (#)
Amendment # --Amended December 20, 1999
Junk Yard: The use of more than six hundred (600) square feet of the area of any lot for the
storage, keeping or abandonment of junk, including scrap metals, or other scrap materials, or for
the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or
parts thereof.
Lot: A parcel of land occupied or capable of being occupied by a building or group of buildings
devoted to a common use, together with the customary accessories and open spaces belonging to
the same.
Lot, Corner: A lot which occupies the interior angle at the intersection of two (2) street lines
which make an angle of more than forty-five degrees (45 ) and less than one hundred and thirty-
five degrees (135 ) with each other. The street line forming the least frontage shall be deemed the
front of the lot except where the two (2) street lines are equal, in which case the owner shall be
required to specify which is the front when requesting a zoning compliance permit.
Lot Depth: The depth of a lot is the mean distance of the side lines of the lot measured from the
midpoint of the front line to the midpoint of the rear lot line.
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 Stokes County, or a lot described by metes and bounds, the
description of which has been so recorded.
Lot Width: The distance between side lot lines measured at the building setback line.
Manufactured Home, Class A: A manufactured home constructed after July 1, 1976, that meets
or exceeds construction standards promulgated by the U. S. Department of Housing and Urban
Development that were in effect at the time of construction and that satisfies the following
additional criteria:
The manufactured home has a length not exceeding four times its width (double-wide,
triple-wide units).
The pitch of the roof of the manufactured home has a minimum vertical rise of two and two
tenths feet for each twelve feet of horizontal run (2.2 ft. and 12 ft.) and the roof is finished
with a type of shingle that is commonly used in standard residential construction.
Stokes County Zoning Ordinance
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All roof structures shall provide an eave projection of no less than six inches, which may
include a gutter.
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.
The manufactured home is set up in accordance with the standards set by the North Carolina
Department of Insurance and a continuous, permanent masonry foundation or masonry curtain
wall, unpierced except for required ventilation and access, is installed under the perimeter of
the manufactured home.
Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from
the 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.
The moving hitch, wheels and axles, and transporting lights have been removed.
AmendmentAugust 1, 1997
Manufactured Home, Class B: A manufactured home constructed after July 1, 1976 that meets
or exceeds the construction standards promulgated by the U. S. Department of Housing and Urban
Development that were in effect at the time of construction, but does not satisfy all the criteria
necessary to qualify the house as a Class A manufactured home.
Manufactured Home, Class C: A manufactured home that does not meet the definitional criteria
of a Class A or Class B manufactured home.
Minimum Acreage Measurement Requirements: Acreage measurements (square footage) of
lots shall be exclusive of all right of ways or easements for vehicular traffic.
Stokes County Zoning Ordinance
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Mobile Home: A mobile home shall mean a movable or portable manufactured housing unit over
thirty-two (32) feet in length and at least eight (8) feet in width, constructed to be towed on its
chassis and designed without a permanent foundation for year-round occupancy, which includes
one or more components that can be retracted for towing purposes and subsequently expanded for
additional capacity or of two (2) or more units separately towable but designed to be joined into
one integral unit, as well as a portable dwelling composed of a single unit. Such vehicle shall
contain as an integral part of its construction kitchen facilities and a completely equipped bathroom
consisting of a flush toilet, lavatory, and bathtub or shower. All units constructed since 1976 shall
comply with the National Mobile Construction and Safety Standards adopted by the U.S.
Department of Housing and Urban Development.
Mobile Home Park: Any site or tract of land where three (3) or more mobile homes are located
that are utilized as dwelling units and a rental fee is paid to the landowner or park operator.
Modular Unit: A factory-fabricated transportable building designed to be used by itself or to be
incorporated with similar units at a building site into a modular structure. The term is intended to
apply to major assemblies and does not include pre-fabricated sub-elements which are to be
incorporated into a structure at the site. These units shall comply with the North Carolina
Residential Building Code or have received an N.C. Validation stamp attesting to compliance or
said code.
Mortuaries: A place in which dead bodies are kept until burial. (Amended 12-3-13)
Non-Conforming Situation: A situation that occurs when, on the effective date of this Ordinance
or any amendment to it, an existing lot or structure or use of an existing lot or structure does not
conform to one or more of the regulations applicable to the district in which the lot or structure is
located. Among other possibilities, a non-conforming situation may arise because a lot does not
meet minimum acreage requirements, because structures do not satisfy maximum height or
minimum floor space limitations, because the relationship between existing buildings and the land
(in such matters as density and setback requirements) is not in conformity with the Ordinance, or
because land or buildings are used for purposes made unlawful by the Ordinance. (#24)
Non-Conforming Uses: A non-conforming situation that occurs when property is used for a
purpose or in a manner made unlawful by the use regulations applicable to the district in which the
property is located. (For example: A commercial office building in a residential district may be
non-conforming use.) The term also refers to the activity that constitutes the use made of the
property. (For example: All the activity associated with running a bakery in a residentially zoned
area is a non-conforming use.) (#24)
Amendment #24--Amended February 15, 1988
Open Storage: Unroofed storage area, whether fenced or not, in excess of four hundred (400)
square feet.
Oriented: The placement or alignment of a structure in respect to said point or location.
Parallel: The position or placement of a use in which all parts are extending in the same direction.
Parking Space: A storage space of not less than nine (9) feet by eighteen (18) feet for one (1)
automobile plus the necessary access space. It shall always be located outside the dedicated street
or highway right of way.
Planned Recreational Resort: A unified development including one or more types of dwellings
or uses (i.e. lodge, cabins, campgrounds, single family dwellings) on separate lots or common sites
with supporting recreational facilities on a relatively large tract of land. This development may
include necessary food services, which would be primarily for the benefit of the people residing
there.
Stokes County Zoning Ordinance
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Planned Residential Development: The planned unit development is a permitted use designed
to provide for the development’s 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 land must be an element of the plan related to effecting the
long-term value of the entire development.
Portable On-site Storage Unit: A portable on-site storage unit is any container designed for the
storage of personal property and for transport by commercial vehicle that is typically rented to
owners or occupants of property for their temporary use. A portable on-site storage unit is not a
building or structure.
Amended August 3, 2010
Private Outdoor Kennel: A location where dogs or other domesticated animals are kept,
groomed, bred boarded, trained, or sold.
Recycling Center: A facility used for collection and processing of recyclable materials.
Processing means the preparation of materials for efficient shipments, or to an end user’s
specification, by such means as baling, briquetting, compacting, flattening, grinding, crushing,
sorting, shredding, and cleaning. (Amended 12-3-13)
Sewer Systems, Public: A system serving ten (10) or more dwelling units and approved by the
Stokes County Division of the District Health Department or the North Carolina Department of
Natural Resources and Community Development, Division of Environmental Management.
Sign Area: Sign area shall be measured by the smallest square, rectangle, triangle, circle or
combination thereof, which will encompass the entire advertising copy area including architectural
trim and structural members. In computing area only one (1) side of a double-faced sign shall be
considered.
Signs: Any notice containing words, letters, figures:
Billboards: A sign which directs attention to a business, commodity, service, or
entertainment conducted, sold or offered elsewhere than upon the premises
where the sign is displayed.
Business Sign: A sign which directs attention to a business, profession, or industry located
upon the premises where the sign is displayed, to type of products sold,
manufactured, or assembled and/or to service or entertainment offered on said
premises.
Identification Sign: A sign used to identify only the name of the individual, family,
organization, or enterprise occupying the premises; the profession of the
occupant or the name of the building on which the sign is displayed.
Bulletin Board: A sign used to announce meetings or programs to be held on the premises
of a church, school, library, museum, community recreation center, or similar
non-commercial places of public assembly.
Amendment # -- December 20, 1999
Street, (Road): A dedicated and accepted public right-of-way for vehicular traffic which affords
the principal means of access to abutting properties.
Structure: Anything constructed or erected, the use of which requires more or less permanent
location on the ground or which is attached to something having more or less permanent location
on the ground.
Stokes County Zoning Ordinance
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Trailer, Camper: A vehicle with or without its own motive power, equipped or used for
temporary living purposes and mounted on wheels or designed to be so mounted and transported.
Watershed: A watershed is an area in which natural ridge lines form the outer perimeter of a
basin which diverts rainfall and natural drainage into streams of rivers which in turn drain lower
elevations. When such watersheds contain Class I and II reservoirs, then such area is regulated by
the Rules and Regulations for the Protection of Public Water Supplies as adopted by the North
Carolina State Board of Health.
Water Supply System, Public: Refer to definition as written in Rules Governing Public Water
Systems, North Carolina Administrative Code Title 15A Department of Environment, Health, and
Natural Resources, Subchapter 18C Water Supplies, Sections .0100 through .2100 as amended,
provided that there is an adequate supply of water to provide fire suppression (The Stokes County
Fire Marshal’s office shall determine if the water supply is adequate to provide fire
suppression)(Definition amended 12-8-98)
Yard: An open space on the same lot with a principal building, unoccupied and unobstructed from
the ground upward except as otherwise provided herein.
Yard, Front: An open, unoccupied space on the same lot with a principal building, extending the
full width of the lot and situated between the street or highway right-of-way line and the front line
of the building, projected to the side lines of the lot.
Yard, Rear: An open, unoccupied space on the same lot with a principal building, extending the
full width of the lot and situated between the rear line of the lot and the rear line of the building
projected to the side lines of the lot.
Yard, Side: An open, unoccupied space on the same lot with a principal building, situated between
the side line of the building and the adjacent side line of the lot and extending from the rear line of
the front yard to the front line of the rear yard.
Zoning Enforcement Officer: The person whom the county has authorized to administer the
Stokes County Zoning Ordinance.
Stokes County Zoning Ordinance
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ARTICLE V
Establishment of Districts
Section 50 General Use Zoning Districts
For the purpose of this Ordinance, the County of Stokes is divided into the following general
purpose districts.
R-A Residential-Agricultural District
R-20 Residential-Low Density
R-15 Residential-Medium Density
R-8 Residential-High Density
R-E Residential - Exclusive
R-R Residential Restricted
R-M Residential Mixed
RMF Residential Multi-family
MHP Manufactured Housing Park
H-B Highway-Business District
C-S Community Shopping District
M-1 Light Manufacturing District
M-2 Heavy Manufacturing District
F-P Flood Plain District
Section 50A Conditional Use Districts Historical
This section of the ordinance is a historical reference to existing districts located in the county.
No new applications for rezoning to a Conditional Use zoning district, Conditional Use permits,
or Special Use permits will be accepted. These districts will stay intact and subject to the
conditional or special use permit under which they were issued but henceforth shall be referred to
as conditional zoning permits. Any proposed changes to these districts or permits would be
subject to the rules that are in effect at the time of the request. (Amended 6-1-21)
For each general use district established in Section 50 above, a companion conditional use district
is hereby established.
R-A-CU Residential-Agricultural District Conditional Use
R-20-CU Residential-Low Density Conditional Use
R-15-CU Residential-Medium Density Conditional Use
R-8-CU Residential-High Density Conditional Use
R-E-CU Residential Exclusive Conditional Use
R-R-CU Residential Restricted Conditional Use
R-M-CU Residential Mixed Conditional Use
RMF-CU Residential Multi-family Conditional Use
MHP-CU Manufactured Housing Park Conditional Use
H-B-CU Highway-Business District Conditional Use
C-S-CU Community Shopping District Conditional Use
M-1-CU Light Manufacturing District Conditional Use
M-2-CU Heavy Manufacturing District Conditional Use
F-P-CU Flood Plain District Conditional Use
Stokes County Zoning Ordinance
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Section 51 Conditional Zoning District
For each general use district established in Section 50, a companion conditional zoning district is
hereby established.
R-A-CZ Residential-Agricultural Conditional Zoning District
R-20-CZ Residential-Low Density Conditional Zoning District
R-15-CZ Residential-Medium Density Conditional Zoning District
R-8-CZ Residential-High Density Conditional Zoning District
R-E-CZ Residential- Exclusive Conditional Zoning District
R-R-CZ Residential- Restricted Conditional Zoning District
R-M-CZ Residential-Mixed Conditional Zoning District
RMF-CZ Residential-Multi-Family Conditional Zoning District
H-B-CZ Highway-Business District Conditional Zoning District
C-S-CZ Community Shopping District Conditional Zoning District
M-1-CZ Light Manufacturing District Conditional Zoning District
M-2-CZ Heavy Manufacturing District Conditional Zoning District
F-P-CZ Flood Plain District Conditional Zoning District
Stokes County Zoning Ordinance
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Section 52 Procedures For Conditional Zoning Districts
52.1 All regulations which apply to a general use zoning district shall also apply to the
conditional zoning district. Conditional Zoning districts are zoning districts in
which the development and use of the property is subject to predetermined
ordinance standards and the rules, regulations and conditions imposed as part of the
legislative decision creating the district and applying it to the particular property
through the development of identified use(s) at a specific location in accordance
with a site plan acceptable to the Board of Commissioners.
52.2 The conditional zoning district will be considered only upon the request of the
petitioner for rezoning.
52.3 The petitioner must specify the actual use(s) intended from the list of permitted uses
in the conditional zoning district.
52.4 In rezoning the property the Board of Commissioners may impose additional
reasonable conditions. If the conditions are acceptable to the petitioner, the Board
shall rezone the property attaching the conditions to the conditional zoning district.
All conditions shall be binding on the land
52.5 Any violations of the conditions of the conditional zoning district shall be a violation
of the zoning ordinance.
Section 53 District Boundaries Shown on Zoning Map
The boundaries of the districts as shown on the map accompanying this Ordinance and made a part
hereof entitled “Official Zoning Map, Stokes County, North Carolina.” The zoning map and all
the notations, references and amendments thereof, and other information shown thereon are hereby
made a part of this Ordinance the same as if such information set forth on the map were all fully
described as set out herein. The zoning map properly attested is posted at the Stokes County
Courthouse and is available for the inspection by the public.
Section 54 Due Consideration Given to District Boundaries
In the creation, by this Ordinance, of the respective districts, careful consideration is given to the
peculiar suitability of each and every district for the particular uses and regulations applied thereto,
and the necessary and proper grouping and arrangement of various uses and densities of population
in accordance with a well-considered comprehensive plan for the physical development of the
county.
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Section 55 Rules Governing Interpretations of District Boundaries
Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the
zoning map, the following rules shall apply:
55.1 Where such district boundaries are indicated as approximately following street,
alley, or highway lines, such lines shall be construed to be such boundaries.
55.2 Where district boundaries are so indicated that they approximately follow lot lines
such lot lines shall be construed to be said boundaries.
55.3 Where district boundaries are so indicated that they are approximately parallel to
the center line of streets, alleys or highways, or the rights-of-way of same, such
district boundaries shall be construed as being parallel thereto and at such distance
therefrom as indicated on the zoning map.
55.4 Where a district boundary line divides a lot or tract in single ownership, the district
requirements for the least restricted portion of such lot or tract shall be deemed to
apply to the whole thereof, provided such extensions shall not include any part of a
lot or tract more than thirty-five (35) feet beyond the district boundary line. The
term “least restricted” shall refer to use restrictions, not lot or tract size.
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ARTICLE VI
Application of Regulations
Section 60 Zoning Affects Every Building and Use
No building or land shall hereafter be used and no building or part thereof shall be erected, moved
or altered except in conformity with the regulations herein specified for the district in which it is
located, except as hereinafter provided in this Ordinance.
Section 61 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, except for street widening. Yards or lots created
after the effective date of this Ordinance shall meet at least the minimum requirements established
by this Ordinance.
Section 62 Relationship of Building to Lot
Every building hereafter erected, moved or structurally altered shall be located on a lot and in no
case shall there be more than one (1) principal building and its customary accessory buildings on
the lot, except in the case of a specially designed group development of institutional, residential,
commercial or industrial buildings in an appropriate zoning district (i.e. school campus, cluster
housing, shopping center, industrial park, and so forth) as permitted by Section 95.
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ARTICLE VII
NON-CONFORMING SITUATIONS
Section 70 Non-Conforming Uses (#24)
Non-Conforming uses may be continued subject to the following provisions:
70.1 A non-conforming use may be extended throughout any portion of a completed
building that, when the use was made non-conforming by this Ordinance, was
manifestly designed or arranged to accommodate such use. However, a non-
conforming use may not be extended to additional buildings or to land outside the
original building. A non-conforming use may be relocated on the same tax parcel
if said relocation will improve the health and safety of the surrounding area;
provided that said relocation does not create a substantial enlargement of the non-
conforming use and the overall result of the relocation is an improvement over the
existing site location. Amended December 1, 2020
70.2 A non-conforming use shall not be changed to any use but a conforming use. When
a non-conforming use has been changed to a conforming use, the premises shall not
thereafter be used for any non-conforming use.
70.3 Physical alterations of structures or the placement of new structures on open land
are unlawful if they result in:
a. An increase in the total amount of space devoted to a non-conforming use.
b. Non-conformity with respect to dimensional restrictions such as yard
requirements, height limitations or density requirements.
70.4 A structure that is non-conforming in any respect or a structure that is used in a non-
conforming manner may be reconstructed or replaced if partially or totally
destroyed, subject to the following restrictions:
a. The total amount of space devoted to a non-conforming use may not be
increased.
b. The reconstructed building may not be more non-conforming with respect to
dimensional restrictions such as yard requirements, height limitations, or
density requirements; and such dimensional non-conformities must be
eliminated if that can reasonably be accomplished without unduly burdening
the reconstruction process or limiting the right to continue the non-conforming
use of such building.
Amendment #24--Amended February 15, 1988
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70.5 If a non-conforming use is discontinued for a continuous period of more than one
hundred eighty (180) days, any future use of the land or building shall be in
conformity with the provisions of this Ordinance.
a. The Board of Adjustment may issue a special use permit to allow a non-
conforming use that has been discontinued for more than 180 consecutive days,
but less than two (2) years, to be reinstated if it finds that:
The discontinuance resulted from factors that, for all practical purposes, were
beyond the control of the person maintaining the non-conforming use.
b. Non-conforming uses that are a risk to public health and safety shall not be
allowed to continue once the activity is stopped. Activities in this category
include but are not limited to tire disposal and automobile salvage yards.
70.6 Subject to 71.3 Concerning Repairs. Minor repairs to and routine maintenance of
property where non-conforming situations exist are permitted and encouraged.
Major renovation, work estimated to cost more than ten (10) percent of the
appraised value of the structure to be renovated (and not required by the partial or
total destruction of a structure, see Section 71.4) may be done pursuant to a special
use permit issued by the Board of Adjustment. The Board of Adjustment shall issue
such a permit if it finds that the work will not result in a violation of any other
paragraphs of this non-conforming section or make the property more incompatible
with the surrounding neighborhood. This provision does not pertain to single
family residential structures or mobile homes.
70.6 The status of a non-conforming use shall not be affected by change of ownership of
the property housing such non-conforming use.
Section 71 Non-Conforming Buildings and Structures
Non-conforming buildings and structures shall be allowed to remain subject to the following
provisions:
71.1 A non-conforming building or structure shall not be enlarged or extended unless
such extension shall comply with all the requirements of this Ordinance for the
district in which it is located.
71.2 Physical alteration of structure or the placement of new structures on open land are
unlawful if they result in:
a. An increase in the total amount of space devoted to a non-conforming use.
b. Nonconformity with respect to dimensional restrictions such as yard
requirements, height limitations, or density requirements.
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71.2.1 Notwithstanding any other provision of this Ordinance, a single family dwelling,
(mobile home) made non-conforming based on dimensional requirements may be
replaced by another mobile home provided that such dimensional non-conformities
must be eliminated if that can reasonably be accomplished without unduly
burdening the reconstruction process or limiting the right to continue the non-
conforming use of such building.
71.3 Minor repairs to and routine maintenance of property where non-conforming
situations exist are permitted and encouraged. Major renovation, work estimated
to cost more than ten (10) percent of the appraised value of the structure to be
renovated (and not required by the partial or total destruction of a structure, see
Section 71.4) may be done pursuant to a special-use permit issued by the Board of
Adjustment. The Board of Adjustment shall issue such a permit if it finds that the
work will not result in a violation of any other violation of any other paragraphs of
this non-conforming section or make the property more incompatible with the
surrounding neighborhood.
71.4 A structure that is non-conforming in any respect or a structure that is used in a non-
conforming manner may be reconstructed or replaced if partially or totally
destroyed, subject to the following restrictions:
a. The total amount of space devoted to a non-conforming use may not be
increased.
b. The reconstructed building may not be more non-conforming with respect to
dimensional restrictions such as yard requirements, height limitations, or
density requirements, and such dimensional non-conformities must be
eliminated if that can reasonably be accomplished without unduly burdening
the reconstruction process or limiting the right to continue the non-conforming
use of such building.
71.5 The status of a non-conforming building shall not be affected by change of
ownership of said building.
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Section 72 Replacement of Non-Conforming Mobile Homes
Non-conforming mobile homes on individual lots in the R-A, R-20, R-15, H-B, C-S, M-I and M-
2 zoning classification districts.
(Amended 10-3-00)
72.1 A mobile home used for residential purposes and maintained as a non-conforming
use may be replaced with a similar structure of a larger size, so long as dimensional
non-conformities such as yard requirements, height limitations, or density
requirements, etc., must be eliminated if that can reasonably be accomplished
without unduly burdening the reconstruction process or limiting the right to
continue the non-conforming use of such a building. In particular, a mobile home
may be replaced with a larger mobile home, and a “single wide” mobile home may
be replaced with a “double wide” mobile home.
72.2 Any replacement mobile home shall comply with Federal mobile home
construction and safety standards if constructed after June 15, 1976. Any
replacement mobile home built prior to June 15, 1976 shall not be allowed.
72.3 Any replacement mobile home shall comply with Part III, standards for installations
of mobile homes of the North Carolina Regulations for Mobile Homes and Modular
Housing as adopted in 1979 and from time-to-time amended.
72.4 A mobile home that replaces an existing mobile home shall be skirted with a non-
flammable material.
72.5 The replacement of a non-conforming mobile home with another mobile home that
meets all the conditions mentioned in this section must occur within ninety (90)
days of the date of discontinuation of the non-conforming use, unless approved
otherwise by the enforcement officer.
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Section 72A Replacement of Non-Conforming Single Family Dwellings
Non-conforming single family dwellings on individual lots in the M-I and M-2 zoning
classification district may be replaced, rehabilitated, enlarged or extended under the following
conditions.
72A.1 Any structure used for single family residential purposes and maintained as a non-
conforming situation may be replaced with a single family dwelling, so long as such
dimensional non-conformities such as yard requirements, height limitations, or
density requirements, etc., must be eliminated if that can reasonably be
accomplished without unduly burdening the reconstruction process or limiting the
right to continue the non-conforming use of such building.
72A.2 The replacement of a non-conforming single family dwelling with a single family
dwelling must occur within one (1) year of the date of discontinuation of the non-
conforming situation.
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Section 73 Signs
It is the purpose of this section to permit signs of a residential, commercial, and industrial nature
in appropriate sites throughout Stokes County. Although signs are a necessary part of the
community, the size and placement of signs shall be controlled in order to protect the property
values, to protect the physical appearance of the community, and to prohibit signs that may
contribute to traffic hazards.
73.1 Location: No advertising sign or structure, which includes billboards and
business signs, shall be erected, constructed or maintained so as to interfere with
vision clearance along any public thoroughfare or at any intersection or junction
of two or more thoroughfares. Nor shall any sign or structure be located within a
thoroughfare right-of-way, or less than three hundred (300) feet from any
residential structure.
73.2 Illumination: No flashing, intermittent, red, green, or yellow illumination shall be
used on any sign or structure located in the same line of vision as a traffic control
signal. Nor shall any flashing or intermittent sign be so arranged as to have the
effect of partially blinding oncoming drivers. All illuminated signs or structures
shall be so placed as to prevent the light rays or illumination therefrom being cast
upon residential dwellings. All advertising signs or structures with flashing or
intermittent lights shall be located at least two hundred (200) feet from residential
district boundaries.
73.3 Maintenance and Removal: All signs and sign structures shall be kept in good
repair and maintained in proper state of preservation. The Zoning Enforcement
Officer shall have the authority to cause the removal of any sign unsafe or such
signs to be repaired and made otherwise to comply with the requirements of this
Section. Any sign, which is no longer functional or has been abandoned shall be
repaired or removed within thirty (30) days following such abandonment.
73.4 Administration: The Zoning Enforcement Officer shall refuse a permit for the
erection or construction of any sign or structure, which does not meet the
requirements of this Section. The Zoning Enforcement Officer shall order the
removal of any signs that are not constructed or maintained in accordance with the
provisions of this Ordinance.
73.5 Permit Required: Applications for permits shall be submitted on forms obtained
at the office of the Zoning Enforcement Officer. Each application shall be
accompanied by plans which shall:
a. Indicate the proposed site by identifying the property by ownership, location,
and use.
b. Show the location of the sign on the lot in relation to property lines and
buildings, zoning district boundaries, right-of-way lines, and existing signs.
c. Show size, character, complete structural specifications and methods of
anchoring and support.
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d. If warranted, the Zoning Enforcement Officer may require additional
information that will enable him to determine whether or not the sign will be
erected in conformance with this section.
73.6 Non-Conforming Signs: Non-conforming on-site signs shall be removed at the
discontinuance of a business use. Property owners are responsible for removal of
non-conforming signs.
73.7 Signs Permitted In Residential Districts:
a. One nameplate sign shall be permitted, provided the surface area does not
exceed two (2) square feet.
b. One identification sign not to exceed twenty-four (24) square feet in surface
area shall be permitted for each major entrance to a subdivision, school,
recreational facility, public safety facility or other permitted uses.
c. One identification sign per lot for customary home occupations, kindergartens
and rest home, etc. Such signs shall not exceed three (3) square feet in area.
No sign shall be illuminated.
d. Church bulletin boards.
(1) One sign shall be allowed per street, road or right-of-way frontage
(2) Maximum size of single sign shall be 120 sq. ft.
(3) Maximum height of sign shall be 25 ft.
(4) Signs may be illuminated, but may not have blinking type lighting.
(5) Signs shall be located a minimum of 5 ft. behind any rights-of-way
or easement.
(6) These signs shall require a permit.
e. Billboards (off-site business signs).
(1) Zoning District where permitted - R-A (Residential Agricultural).
(2) Maximum size of single sign - thirty-two (32) square feet.
(3) Spacing between signs - each billboard shall be at least one thousand
(1000) feet radius from another billboard.
(4) Setbacks - billboards shall be located a minimum of five (5) feet
behind any rights of ways or easements.
(5) No billboards shall be allowed in any required front, side, or rear
yard set-backs.
(6) Signs are restricted to legal businesses as allowed by the Stokes
County Zoning Ordinance. (Not for in-home occupations, or
backyard workshops.)
(7) Persons installing signs must have permission from property owner.
(8) Signs shall not be illuminated.
(9) These signs shall require a permit.
(10) Height maximum height of any sign shall be twenty-five (25) feet.
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73.71 Private Directional Signs
Free-standing signs that direct people to businesses or instructional facilities such
as churches may be allowed provided they do not exceed two (2) square feet in area.
Such signs shall not be illuminated. (No Permits Required)
73.8 Signs permitted in Commercial and Industrial Districts
a. Wall and projecting business signs shall be permitted, provided that the total
area of such signs for any one building shall not exceed one square foot per
linear foot of lot frontage. (Amended 10-3-00)
b. One freestanding business sign shall be permitted for each separate street
frontage of an establishment. The area of any such sign shall not exceed one
and a half (1.5) square feet of surface area for each linear foot of lot frontage of
the street. In the case of more than one establishment per lot, the area of
individual freestanding signs shall be based on the street frontage of that portion
of the lot used by each establishment. In no case shall the total area in
freestanding business signs on a lot exceed three (3) square feet of each linear
foot of lot frontage.
(Amended 10-3-00)
1) Setback- signs shall be located a minimum of five (5) feet behind any rights-
of-way or easement
Amended 10-3-00)
2) Height- Maximum height of signs shall be limited to twenty-five (25) feet.
(Amended 10-3-00)
c. Signs projecting at right angles from a building shall be allowed when
suspended from a canopy provided the sign is at least eight (8) feet above the
sidewalk. Otherwise signs must be mounted flat with building walls and must
not project more than eighteen (18) inches from such walls.
d. Roof business signs shall be permitted provided no portion of such signs
extends beyond the edge of any exterior wall, the height of the sign above the
roof does not exceed one third (1/3) of the height of the building on which it is
located, and free passage from any part of the roof to any other part is not
prevented.
e. Billboards, provided not more than one (1) billboard structure will be allowed
per one hundred (100) feet or less of lot frontage in single ownership with one
(1) additional billboard structure allowed per additional one hundred (100) feet
of lot frontage.
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Section 74 Off-Street Parking and Storage
Off-street automobile parking or storage space shall be provided on every lot on which any of the
following uses are hereafter established. At the time of the erection of any building, or at the time
any principal building is enlarged or increased in capacity by adding dwelling units, guest rooms,
seats or floor area, or before conversion from one type of use to another, permanent off-street
parking space in the amount specified by this section shall be provided. Such parking space may
be provided in a parking garage or properly graded open space.
74.1 Certification of Minimum Parking Requirements
Each application for a zoning compliance permit or certificate of occupancy
submitted to the Zoning Enforcement Officer as provided for in Article X shall
include information as to the location and dimensions of off-street parking and
loading space and the means of ingress and egress to such space. This
information shall be in sufficient detail to enable the Zoning Enforcement Officer
to determine whether the requirements of this section are met.
74.2 Combination of Required Parking Space
The required parking space for any number of separate uses may be combined in
one (1) lot, but the required space assigned to one use may not be assigned to
another use, except that one-half (1/2) of the parking space required for churches,
theaters, or assembly halls whose peak attendance will be at night or on Sundays
may be assigned to a use which will be closed at night or on Sundays.
74.3 Remote Parking Space
If the off-street parking space required by this Ordinance cannot reasonably be
provided on the same lot on which the principal use is located, such space may be
provided on any space within five hundred (500) feet of the main entrance to such
principal use, provided such space is in the same ownership as the principal use.
Said land shall be used for no other purpose so long as no other adequate
provision for parking space meeting the requirements of this Ordinance has been
made for the principal use.
74.4 Requirements for Parking Lots in Residential Districts
Where parking lots for more than five (5) automobiles are permitted or required in
residential districts, the following provisions shall be complied with:
74.4.1 The lot may be used only for parking and not for any type of commercial
loading, sales, repair work, dismantling or servicing.
74.4.2 All entrances, exits, barricades at sidewalks, and drainage works shall be
approved by the Zoning Enforcement Officer prior to construction.
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74.4.3 A buffer strip as defined in Subsection 41 shall be required along all side
and rear lot lines.
74.4.4 Only one (1) entrance and one (1) exit sign not larger than four (4) square
feet in area prescribing parking regulations may be erected at each entrance
or exit.
74.4.5 Minimum Parking Requirements
The required number of off-street parking spaces for each land use is specified below:
LAND USE REQUIRED PARKING SPACE
Automobile sales and One (1) space for each two (2) employees
repair garages at maximum employment on a single shift,
plus two (2) spaces for each 300 square
feet of repair or maintenance space.
Automobile washeterias One (1) space for each two (2) employees
at maximum employment on a single shift.
Reserve spaces equal to five (5) times the
capacity of the facility at the location of
ingress and egress.
Bed and Breakfast One (1) space for each bedroom plus one
Homes space for each two (2) employees. (#28)
Amendment #28--Amended February 2, 1993
Bowling Alleys Two (2) spaces for each lane, plus one (1)
additional space for each two (2) employees.
Camps for tents and One (1) parking space for each site provided
camping trailers for tents and camping trailers plus ten (10)
additional parking spaces.
Funeral Homes One (1) space for each four (4) seats in the
main chapel.
Elementary Schools One (1) space for each classroom and
and Middle Schools administrative office.
(both public and private)
Group Camp Facility One (1) space for each camper in which
the facility is designed.
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Hospital One (1) space for each four (4) patient beds
plus one (1) space for each staff or visiting
doctor plus one (1) space for each four (4)
employees.
Hotels One (1) space for each two (2) rooms,
plus one (1) additional space for each
five (5) employees.
Kindergartens or One (1) space for each employee and
Nurseries four (4) spaces for off-street drop-off
and pickup.
Libraries One (1) space for each four (4) seats
provided for patron use.
Medical Offices Four (4) spaces for each doctor participating
and Clinics at the clinic, plus one (1) space for each
employee.
Mobile Homes One (1) space for each mobile home.
Mobile Home Park Two (2) spaces for each unit.
Motels, Tourist Homes One (1) space for each accommodation plus
and Tourist Courts two (2) additional spaces for employees.
Offices, Business One (1) space for each 200 square feet
Professional or Public, of gross floor area.
Including Banks
Outdoor Recreation Areas One (1) space for each three (3) persons able
and Amusement Parks to use such facility at its maximum capacity,
plus ten (10) spaces for waiting plus one (1)
space for each two (2) employees.
Places of Public Assembly One (1) space for each four (4) seats
Including Private Clubs, provided for patron use, plus one (1)
and Lodges, Auditoriums, space for each 100 square feet of floor
Dance Halls, Pool Rooms, of ground area used for amusement or
Theaters, Stadiums, assembly, but not containing fixed seats.
Gymnasiums, Amusement
Parks, Community Centers,
and all similar places of
Public Assembly
Rescue Squads and Parking space equivalent to three (3)
Armories times the floor space in the main building.
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Residential Dwellings, Two (2) spaces for each dwelling unit.
Single-Family and Two-
Family
Residential Dwellings, One and one-half (1 ½) spaces for each
Multi-Family dwelling unit.
Restaurants, Drive-In Parking space equivalent to five (5) times
the floor space in the main building.
Restaurants, Indoor One (1) space for each three (3) seats or
stools, plus one (1) space for each two (2)
employees on the shift with the largest
employment.
Retail Business and One (1) space for each 200 square feet
Consumer Service of gross floor area.
Outlets
Sanitariums, Rest and One (1) space for each six (6) patient beds,
Convalescent Homes plus one (1) space for each staff or visiting
for the Aged, and similar doctor, plus one (1) space for each four (4)
Institutions employees.
Senior High Schools One (1) space for each ten (10) students
and Colleges, both for whom the school was designed, plus
Public and Private one (1) space for each classroom and
administrative office.
Service Stations Two (2) spaces for each gas pump plus
three (3) spaces for each grease rack or
similar facility.
Shopping Centers Three (3) square feet of parking space
for each square foot of gross floor area.
Wholesaling and One (1) space for each two (2) employees
Industrial Uses at maximum employment on a single shift.
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Section 75 Off-street Loading and Unloading Space
Every building or structure used for business, trade or industry hereafter erected shall provide space
as indicated herein for the loading and unloading of vehicles off the street or public alley. Such a
space shall have access to an alley or, if there is no alley, to a street. For the purposes of this
section, an off-street loading space shall have a minimum dimension of twelve (12) feet by forty
(40) feet and an overhead clearance of fourteen (14) feet in height above the alley or street grade.
Retail Operations One (1) loading space for each twenty
thousand (20,000) square feet of gross
floor area or fraction thereof.
Industrial and One (1) loading space for each fifty
Wholesale (50,000) square feet of gross floor area
Operations or fraction thereof.
Section 76 Regulations Governing Mobile Home Parks
The purpose of these mobile home park regulations is to provide an acceptable environment for
what are in fact small communities of mobile homes. Mobile home parks shall be located in the
MHP (Manufactured Housing Park) zoning district.
76.1 Definitions
For the purpose of interpreting this Ordinance certain words or terms are herein
defined:
76.1.1 Mobile Home
A mobile home shall mean a movable or portable over thirty-two (32) feet
in length and at least eight (8) feet in width, constructed to be towed on its
chassis and designed without a permanent foundation for year-round
occupancy, which includes one or more components that can be retracted
for towing purposes and subsequently expanded for additional capacity or
of two (2) or more units separately towable but designed to be joined into
one integral unit, as well as a portable dwelling composed of a single unit.
Such vehicle shall contain as an integral part of its construction kitchen
facilities and a completely equipped bathroom consisting of a flush toilet,
lavatory, and bathtub or shower. All units constructed since 1976 shall
comply with the National Mobile Construction and Safety Standards
adopted by the U.S. Department of Housing and Urban Development.
Units constructed prior to 1976, and do not meet the construction
standards of the U.S. Department of Housing and Urban Development
(HUD), shall not be permitted in mobile home parks. (# Amendment #--
December 20, 1999
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76.1.2 Trailer
A trailer shall mean any vehicle or structure designed to be transported and
intended for human occupancy as a dwelling for short periods of time.
Such vehicles contain limited or no kitchen and bathroom facilities.
76.1.3 Mobile Home Space
A plot of land within a mobile home park designed for the accommodation
of one mobile home in accordance with the requirements set forth in this
Ordinance.
76.1.4 Mobile Home Park
Any site or tract of land where three (3) or more mobile homes are located
that are utilized as dwelling units and a rental fee is paid to the landowner
or park operator.
76.2 Compliance with Regulations
All mobile home parks existing at the time of adoption of this Ordinance are not
required to comply with these regulations. However, before any existing park can
add additional mobile home sites, or a new park constructed, all requirements of
this Ordinance must be met.
76.3 Approval Process
76.3.1 Development Plan
A development plan shall be presented to the administrative office
(County Manager or his designated representative). The development plan
shall comply with the specifications listed in Section 76.6. A fee shall be
paid to the county for each proposal to cover the cost of advertising and
administrative costs. (#8) Copies of the development plan shall be
forwarded to the Stokes County Planning Board for review and to the
County Board of Commissioners for action.
Amendment #8--Amended August 15, 1993 (Amended 12-8-98)
76.3.2 Public Hearing
The administrative officer shall schedule a public hearing on the proposal
within sixty (60) days after the proposal is filed. Public notice of the
hearing shall be published in a newspaper of general circulation in the
community at least once each week for two successive weeks prior to the
public hearing. The administrative officer shall also post notice on the
property involved for a period of one week prior to the hearing.
76.3.3 Action by the Planning Board
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The Planning Board shall review the proposal prior to the public hearing
and negotiate with the developer for any changes that might be needed to
comply with the Ordinance. The recommendations of the planning board
shall be presented to the Board of County Commissioners prior to the
public hearing. The planning board may revise its recommendations
following the public hearing and present such recommendations to the
Commissioners before final action is taken.
76.3.4 Action by the County Board of Commissioners
The Commissioners shall approve, modify, or deny the application for a
mobile home park following the public hearing. In making their final
decision, the Board of County Commissioners shall insure:
a. The mobile home park will not impair the integrity or character of the
surrounding or adjoining land uses, nor be detrimental to the health,
morals, or welfare of residents of the area.
b. Careful consideration has been given to the impact of the mobile home
park on the community, particularly the additional requirements for
transportation, schools, parks and playgrounds.
c. That development will not occur in natural or fragile areas, such as in
flood plains.
d. That adequate utilities, access roads, drainage, sanitation or other
necessary facilities have been or are being approved.
e. That adequate measures have been taken or will be taken to provide
ingress and egress so designed as to minimize traffic congestion in the
public streets.
76.4 Revocation of Approval
In any case where the requirements of this Ordinance are not being met, the
administrative officer shall give the park owner notice of intention to revoke
approval at least ten (10) days prior to the review by the County Board of
Commissioners. After review, the Board may revoke approval of the mobile
home park.
76.5 Expiration
In the case where an approval has not been exercised within one (1) year, the
approval shall be null and void. “Exercised” as set forth in this section shall mean
that the binding contracts for the construction of the main building have been let;
or in the absence of contracts that the main building is under construction to a
substantial degree; or that prerequisite conditions involving substantial investment
are contracted for or completed (sewage, drainage, etc.). When construction is not
a part of the use, “exercised” shall mean that the use is in operation in compliance
with the requirements set forth in this Ordinance.
Stokes County Zoning Ordinance
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76.6 Development Plan
A plan clearly indicating the developer’s intention to comply with the provisions
of this Ordinance shall be submitted for approval. Such plans shall be drawn at a
scale of not less than one (100) feet to the inch and shall show the following on
one or more sheets that are either 15 X 18 inches or 20 X 24 inches in size.
76.6.1 A site plan of the proposed mobile home park.
76.6.2 The name of the mobile home park, the names and addresses of the
owner(s) and the designer of the park.
76.6.3 Date, approximate north arrow, and scale.
76.6.4 The boundary line of the tract with accurate linear and angular dimensions
drawn to scale.
76.6.5 The locations of existing and platted property lines, streets, buildings,
water courses, railroads, bridges, water mains, sewers, culverts, drain pipes
and any utility easements, both on the land to be developed into a mobile
home park and on land immediately adjoining. The names of adjoining
sub-divisions or the names of record or owners of adjoining parcels of un-
subdivided land.
76.6.6 The names, proposed location and approximate dimensions of proposed
streets, alleys, driveways, entrances, exits, walkways, easements, recreation
areas, parks and other spaces, reservations, mobile home spaces, and
building lines within the park. This information should be graphically
shown only. It is not required to prepare detailed computations or fieldwork
above that required to obtain the above information.
76.6.7 Plans of proposed utility layouts (sewer lines, septic tank drainfields, and
water and storm drainage) showing feasible connections to existing and
proposed utility systems.
76.6.8 Where public water and public sewer is not available, a written statement
from the health department shall be submitted with the mobile home park
plans that indicate that the park has adequate land area and suitable
topography to accommodate the proposed methods of water supply and
sewage disposal.
76.6.9 Location and number of garbage receptacles.
76.6.10 Plans for electric lighting.
Stokes County Zoning Ordinance
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76.7 Specifications for Mobile Home Parks
76.7.1 Mobile Home Space
Each mobile home in a mobile home park shall occupy a designated space
having at least five thousand (5,000) square feet, and a width of at least
fifty (50) feet, exclusive of common driveways.
76.7.2 Roads
All roads serving a manufactured home park should be paved. Roads
should have a fifteen (15)-ft.-paved roadway with at least six (6)-inches
compacted ABC stone with a turn around sufficient to allow emergency
vehicles to navigate. (Certification shall include but is not limited to
receipts showing the amount of stone placed on the road as well as
engineering and surveying data, when necessary). The Stokes County
Planning & Community Development Department shall determine if the
roads are in compliance with the applicable standards. The park owner
shall sign a Road Maintenance Agreement, which must be approved by the
county attorney.
76.7.3 Parking Spaces
Two (2) off-street driveway parking spaces with not less than four (4)
inches of crushed stone or other suitable material on a well-compacted
sub-base shall be provided for each mobile home space. Required parking
spaces may be included within the five thousand (5,000) square feet
required for each mobile home space.
76.7.4 Recreation Area
At least four hundred (400) square feet of recreation space shall be
provided for each mobile home.
76.7.5 Spacing
No mobile home or other structures within a mobile home park shall be
closer to each other than twenty-five (25) feet, except that storage or other
auxiliary structure for the exclusive use of the mobile home may be closer
to that mobile home than twenty-five (25) feet.
Stokes County Zoning Ordinance
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76.7.6 Spacing from Exterior Boundary
No mobile home shall be located closer than thirty (30) feet to the exterior
boundary of the park or a bounding street or highway right-of-way.
Buildings used for laundry or recreation purposes shall be located no
closer than forty (40) feet to the exterior boundary of the park or the right-
of-way of a boundary street or highway.
76.7.7 Flood Prevention
Mobile home parks shall be located on ground not susceptible to flooding
and graded so as to prevent any water from ponding or accumulating on the
premises.
76.7.8 Lighting
All mobile home parks shall be adequately lighted.
76.7.9 Tiedowns
All mobile homes shall have tiedowns, which comply with North Carolina
Regulations for Mobile Homes.
76.7.10 Underpinning
All units shall be underpinned (skirted) by a solid, non-flammable
material.
76.8 Utilities Required
76.8.1 Water
An adequate and safe supply of water shall be readily available at each
mobile home park space. Each mobile home park shall obtain water from
a public water supply when available, and when unavailable, from a source
approved by the County Health Department. The supply shall be adequate
for the park requirements. The drinking, cooking, laundry and general
bathroom water supply for each individual mobile home shall be obtained
from faucets or other plumbing connections located within each mobile
home.
Stokes County Zoning Ordinance
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76.8.2 Sanitary Sewer
Each mobile home park shall be provided with an adequate sewage
disposal system, either by connecting to a public sewage system or septic
tank system approved by the County Health Department and/or North
Carolina Department of Natural Resources and Community Development,
Division of Environmental Management. All sewage waste from toilets,
showers, bathtubs, lavatories, wash basins, refrigerator drains, sinks,
faucets, and water using appliances not herein mentioned, shall be piped
into the mobile home park sewage disposal system.
76.8.3 Electricity
Each mobile home located in a mobile home park shall be provided with
electricity sufficient enough to safely meet the maximum anticipated
requirements of a mobile home. All wiring connections from the meter to
mobile home must comply with the National Electrical Codes.
76.9 Facilities Required
76.9.1 Garbage and Trash Containers
One (1) covered garbage and trash container twenty-four (24) gallon
maximum capacity shall be provided for each mobile home; containers
shall be placed on racks which are approved by the County Health
Department, and such racks shall be located within the mobile home park
at a point which is readily accessible for collection. In lieu of requiring
individual garbage and trash container for each mobile home, other
approved garbage and trash disposal facilities may be provided with the
approval of the County Manager.
76.9.2 Concrete Pads
Each mobile home must be provided with a minimum ten- (10) feet by ten
(10) feet concrete pad at the front entrance.
Stokes County Zoning Ordinance
35
Section 77 Individual Mobile Home-Temporary Permits
Not more than one (1) mobile home may be permitted in a rear yard of residential district as an
accessory use on a temporary basis, provided the Board of Adjustment shall make a finding that a
personal hardship situation justifying such a special exception exists. Such hardship shall involve
the need to care for elderly parents or other dependents of the family occupying the principal
building. Reasons justifying separate quarters shall be incompatibility, contagious disease, illness,
or lack of adequate space within the principal building. Temporary use for permits may be issued
in such cases for one (1) year, (#9) but may be renewed for successive one (1) year periods so long
as the hardship continues to exist. Application for renewal of a temporary use permit shall be made
thirty (30) days prior to the expiration date of said permit. All applications shall be made to the
Zoning Enforcement Officer and, in turn, shall be reviewed by the Board of Adjustment to
determine relative need. All such mobile homes must have access to water and sewer systems
approved by the municipality in which it is located or the County Health Department if location is
beyond the corporate limits, and said mobile homes must be maintained in such a way as to create
no nuisance conditions. Furthermore, if any such mobile home must be situated closer to the side
or rear yard line than permitted by the dimensional requirements of the district, a variance must be
obtained from the Board of Adjustment.
Section 77A Permits
The Stokes County Health Department shall not issue a permit on a site or tract of land, until the
mobile home park enforcement officer has determined that the mobile home lot complies with the
county mobile home park regulations.
The Stokes County Inspection Department shall not issue a permit to hook up electricity for a
mobile home until the mobile home park enforcement officer has determined that the mobile home
lot has been constructed in compliance with the county mobile home park regulations.
Amendment #9--Amended December 5, 1983
Section 78 Temporary Uses (#26)
Intent
Certain uses shall not be allowed as permanent uses but may be allowed on a
temporary basis if conditions are met that will minimize their impact on
neighboring land uses.
78.1 Turkey Shoots
78.1.1 Definition
A place or event where contestants discharge shotguns in competition for
prizes.
78.1.2 Time Limits on Activity
Stokes County Zoning Ordinance
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This activity shall be limited to 90 consecutive days of operation once a
year. If the 90 day period goes from one year to the next, then applicant
must wait at least 6 months before applying for a new permit.
Amended August 3, 2010
78.1.3 Zoning Districts Where Allowed
(R-A) Residential Agricultural District. Turkey Shoots on vacant tracts of
land shall not be allowed unless the event is associated and supplemental to
some other use, club, church, civic organization, recreational use.
Amended August 3, 2010
78.1.4 Operating times
No later than 10:30 P.M. on Friday or Saturday.
Amended August 3, 2010
78.1.5 Separation Distance From Property Line
All turkey shoots shall be established with the firing line to target area
perpendicular to a road right-of-way with the following exception: Sites
which have more than one road right-of-way must designate the road on
which the front yard is to be located. A firing line must be established
perpendicular to that road and for a distance of 200 feet from and parallel to
any other intersecting road right-of-way. The minimum distance from the
firing point measured in the direction of fire to the nearest property line shall
be 300 feet. If a backstop is used, this separation may be reduced to 200
feet.
Amended October 2, 1990
Amended August 3, 2010
However, the Zoning Enforcement Officer can still deny a permit if he
determines that there exists special circumstances which create a risk of
harm to life and/or property at or around the site of the turkey shoot even
though all dimensional requirements are met.
78.1.6 Backstop Standard
All backstops shall be constructed of a material that will allow the shot to
penetrate and not pass through it, shall be of a minimum thickness of two
feet and maintained at a height of four feet above the target.
78.1.7 Health Requirements
Stokes County Zoning Ordinance
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Provisions for adequate and proper health standards shall be met in disposal
of garbage and refuse and in sanitary facilities. Any food service shall be
approved by the Stokes County Health Department Environmental Health
Section.
Amended August 3, 2010
78.1.8 Off-Street Parking
Adequate off-street parking shall be provided outside of a public right-of-
way.
78.1.9 Limited Access
The property where the turkey shoot is located shall be fenced, posted or
otherwise controlled to insure the safety of contestants, spectators and the
public at large.
78.2 Mobile home on residential lot while rebuilding or constructing a permanent
site-built home.
78.2.1 Conditions When Allowed
During the construction of a new site-built home or after a home has been
substantially damaged by fire or other disaster so as to make the same
inhabitable, a property owner may live temporarily in a mobile home during
the construction phase. This activity is permitted only in zoning districts
where mobile homes are allowed by right.
78.2.2 Time Limitation on Use
The mobile home may be used as a dwelling for a maximum of 2 years.
Also, it shall be removed within 30 days after the principal dwelling is
occupied.
78.2.3 Health and Safety Requirements
The mobile home shall be connected to an approved septic tank system and
to an approved electrical source.
Stokes County Zoning Ordinance
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78.3 Contractors’ Offices and Storage Trailers
Modular units may be used as temporary offices and storage trailers on construction
sites until the permanent buildings are finished. This unit shall be removed within
thirty (30) days of completion of the project.
Amended August 3, 2010
78.4 Temporary Storage Units (Portable On-site Storage Unit)
Portable On-site Storage Unit, (Pods or other similar containment units). Road
trailers intended for highway use, mobile homes and camper trailers are not
permitted as temporary storage units. Temporary Storage Trailers are not to be set
up as permanent structures. Electrical service, plumbing fixtures or mechanical
service is not permitted on temporary storage units. Time limit is one (1) year.
Amended August 3, 2010
78.5 Classrooms
Modular units used as temporary classrooms may be permitted in any residential
district. The local school board shall determine how long they remain on the site.
Amended August 3, 2010
78.6 Circuses and Carnivals
Circuses and carnivals may be permitted in any residential-agriculture, business or
industrial district for a period not to exceed one (1) week.
78.7 Sale Lots (Nonprofit Organizations)
Any nonprofit charitable, civic organization, religious, or educational organization
may operate a sales lot for Christmas trees, baked goods, or collected clothing, and
the like in any residential-agriculture, commercial or industrial district provided no
structure is erected other than tents or temporary booths.
Amended August 3, 2010
Stokes County Zoning Ordinance
39
78.8 Seasonal/Outdoor Markets
1) The establishment of temporary sales lots, and seasonal agricultural
product sales are permitted for a period of ninety days upon the issuance of
a temporary use permit by the Stokes County Department of Planning and
Community Development.
2) The use shall not require the construction of a permanent building.
3) Off-street parking shall be required and be determined by Article VII
Section 74.
4) The use shall, including all sales items, parking, and maneuvering shall
meet a minimum 15 foot setback from any abutting residential property
line and street rights of way.
78.9 Temporary Signs
Any use allowed under this section may provide temporary signs, both on-site and
off-site. However, they shall not exceed 24 square feet in area and shall be removed
within 24 hours of the completion of the temporary activity.
78.10 Political Signs
Non-illuminated temporary political signs and posters are permitted. Such signs
shall be removed within 14 days after the election for which they were made.
Approval Process
No permit shall be required for any of the temporary uses listed, except turkey
shoots, classrooms, contractors’ offices and storage trailers, seasonal/outdoor
markets; however, the Enforcement Officer shall require any temporary use to cease
operation if it clearly violates the conditions specified in this section.
The Zoning Enforcement Officer shall approve all temporary uses as follows:
With Permit
*Classrooms
*Contractors’ office and storage trailers
* Seasonal/Outdoor Markets
*Turkey Shoots
Without Permit
*Sales lots in commercial districts
*Circuses and carnivals
*Temporary signs
Stokes County Zoning Ordinance
40
ARTICLE VIII
Use Requirements by District
Within the districts indicated on the zoning map no building or land shall be used, and no building
shall be erected or altered which is intended or designed to be used in whole or in part, for any use
other than those listed as permitted for that district in this Article.
Section 80 R-AResidential-Agricultural District
The RA Residential Agricultural district is intended to accommodate crop and livestock
production, forestry, as well as scattered non-farm development on traditional rural lots. Site-
built, modular, or multi-sectional Class A, and single - wide Class B manufactured dwelling units
situated on scattered individual lots and in minor subdivisions shall be the principal residential
use permitted provided they meet the required lot and yard size requirements. Any proposal for
a major single-family subdivision, manufactured home park or multi-family development shall
require a rezoning from the RA Residential Agricultural district to an appropriate residential
district that will accommodate a more intense use.
80.1 Permitted Uses
Agricultural Tourism (Agritourism):
Any activity carried out on a bona fide farm or ranch as defined by NC General
Statute 160D-903 (a) (1-4) that allows members of the general public, for
recreational, entertainment, or educational purposes, to view or enjoy rural
activities. these activities include farming, ranching, historic, cultural, harvest your
own activities, or natural activities and attractions, or an agricultural use where
agricultural products are processed, treated sorted, blended, made, stored, sold at
wholesale or retail for consumption on or off the premises, offers tours to the public,
provides samples and or sales of agricultural products or similar uses that will
enhance the over-all property for agricultural tourism. See North Carolina General
Statute references, GS106-581.1 Agriculture defined, and GS99E-30 Definitions,
GS99e-31 Liability, GS99E-32 Warning required concerning Agritourism Activity
Liability. (Amended 12-3-13), (Amended 6-1-21)
1) Where Allowed: RA (Residential Agricultural) District
2) Minimum Area: 5 Acres
3) Eligibility: Property must meet eligibility requirements as a bona fide farm
as defined in NCGS 160D-903 (a) (1-4) to be considered for an Agricultural
tourism facility or site.
Site Plan (Minor Agricultural facility): A development sketch plan is required for all
Minor Agricultural Tourism proposals unless otherwise noted.
Minor Facility Development Plan Sketch plan of property including the
following items.
Stokes County Zoning Ordinance
41
Proposed activities
Access and parking
Sanitation
Site Plan (Major Agricultural facility): A development site plan is required for all
Conditional Zoning proposals for a Major Agricultural Tourism facility. (See section
80.2- Conditional Zoning Site Development Requirements)
Agricultural Tourism Minor Facilities
Agricultural Tourism Minor facility -A minor facility includes the production, sale and
display of agricultural products, offers tours or provides an agricultural related activity.
(Activities may include but are not limited to the following activities)
Agricultural crop mazes
Barnyard and Fiber animals
Farm Roadside stands (products produced on site)
Horse riding & walking trails
Greenhouse & Nurseries (products produced on site)
Hayrides
Historic Farms
Holiday Farms (Christmas trees produced on site)
Orchards
Organic farming
Pick Your Own Farms
Pumpkin patches
School Field Trips
Vineyards
Weddings (Catering from permitted establishment only)
Wineries
Agricultural Tourism Major Facilities (Conditional Zoning approval required)
Agricultural Tourism Major facility - A major facility includes the uses listed under a minor
facility plus a proposal for restaurants, tourist homes, outdoor event or activity/centers or similar
uses associated with agricultural tourism activity. These uses should enhance the over-all
property in relation to tourism and is subject to the issuance of a conditional zoning permit.
(Activities may include but are not limited to the following activities)
Permitted uses listed under Minor Agricultural Facility
Hunting clubs & lodges
(10) ten acre minimum
Zip Lines
(10) ten acre minimum
Stokes County Zoning Ordinance
42
Any form of agriculture, or horticulture, including the sale of products at a retail
stand on the property where produced.
Backyard workshops
Bed and Breakfast Home (#28)
1) The Bed and Breakfast Home shall be operated by the landowners, or their
agent who shall reside on the property.
2) The use shall be located in a structure which was originally constructed as
a dwelling.
3) Meals served on the premises shall be only for guests of the facility.
Amendment #28--Amended February 2, 1993
4) All facilities shall comply with the rules governing the sanitation of Bed and
Breakfast Homes as specified in 15A NCAC 18A.2200.
5) Signage shall be limited to one home occupation sign or one free standing
sign not to exceed three square feet in area. Either may be directly or
indirectly illuminated.
Churches and their customary related uses including cemeteries,
1) Provided that all buildings and graves shall be set back at least twenty (20)
feet from any property line
Customary accessory uses and structures including private garages, swimming
pools and other accessory structures in the rear yard where they shall not cover more
than thirty percent (30%) of said rear yard.
Customary home occupations, including dressmaking, cooking and baking,
hairdressing, music instruction, the renting of not more than one (1) room, the
practice of such professions as insurance and accounting, shall be permitted as
accessory uses in a residence. The Board of Adjustment shall decide whether other
home occupations not listed here are within the spirit of this category of accessory
uses.
Kindergartens and day nurseries,
1) Provided that not less than one hundred (100) square feet of play area is
provided for each child,
2) Provided further said aggregate play space is surrounded by a sturdy fence
at least four (4) feet in height.
Manufactured Home on individual Lots
The intent of the standards set forth in this ordinance is to ensure that
manufactured homes are compatible with other dwellings in residential areas and
meet a minimum construction, placement and architectural standard while
providing an alternative means of affordable housing.
Stokes County Zoning Ordinance
43
The use of a single section Class B manufactured home may be used as an
accessory structure for the purpose of building a new or rebuilding a damaged
home with the issuance of a temporary permit valid only for a period of two (2)
years. Any variance to this requirement shall be made to the Board of
Adjustment. It is the intent that the requirements 1-12 shall not apply to homes
being used for this purpose.
Single section manufactured homes used as an accessory structure on tracts ten
(10) acres or larger shall be issued a temporary permit valid for a period of two (2)
years. When the two (2) year duration period has ended a new two (2) year
temporary permit must be issued and so forth until the home is removed.
It is intended that any single section manufactured home that is a home of record
with the Stokes County Tax and the Planning and Community Development
Department as of December 31, 1999 shall be considered “grand fathered “and
shall not need to meet these requirements. However, if this home of record is
moved or placed on any new lot or parcel the requirements listed below shall
apply with the exception to requirements # 2, 6, and 7.
Mobile Homes may be situated on individual lots in the R-A Residential Districts,
provided they meet the same lot and yard size requirements as immobile homes
and also meet the following requirements.
1) The single section home shall be on a lot/parcel located in an area in which
the majority of the surrounding housing uses are of the same type.
2) The manufactured home shall have a minimum nominal width of fourteen
(14) feet.
3) The towing apparatus, wheels, axles, and transporting lights shall be
removed.
4) The manufactured home shall be oriented parallel or within a ten (10)
degree deflection of being parallel to lot frontage. Any request to vary this
requirement shall be made to the BOA. This requirement shall only apply
to tracts that are of one (1) acre of size or smaller or if the location of the
home is within 125 feet from the center of the road or street.
5) The home shall have a continuous, permanent masonry foundation or
masonry curtain wall installed under the perimeter of the manufactured
home and be constructed in accordance with the NC building code, being
unpierced except for required access and ventilation. Installation must be
completed prior to final electrical service is approved.
Stokes County Zoning Ordinance
44
6) The exterior appearance of the home shall consist of a siding that is made
of one or more of the following: vinyl, aluminum, wood, press board,
stucco, brick or stone, but in no case shall the reflectivity of the siding be
greater than a flat white paint.
7) The main roof of each manufactured home shall be a gable or hip roof
pitch of at least a minimum nominal vertical rise of three (3) feet for each
twelve (12) feet or greater horizontal run. The roof shall be covered with a
material that is residential in appearance, including but not limited to
approved wood, asphalt composition or fiberglass shingles, but excluding
corrugated aluminum, fiberglass or metal roofs.
8) Stairs, porches, entrance platforms, ramps and other means or entrance and
exit to and from the manufactured home shall be installed or constructed in
compliance with the standards of the NC State building code, attached and
anchored securely to the ground. Wood stairs shall only be used in
conjunction with a porch or entrance platform with a minimum size of
twenty (20) square feet. It is the intention to prohibit the use of wood
stairs only at the entrance to a manufactured home.
9) The home shall have a minimum nominal heated square footage size of
840 square feet.
10) Manufactured homes constructed before July 1, 1976 that do not meet the
construction standards of the U.S Department of Housing and Urban
Development (HUD), will be permitted for agricultural use only.
11) Two (2) accessory mobile homes are allowed on parcels ten (10) acres or
greater. If the primary residence is a singlewide mobile home, only one
accessory mobile is allowed (Individual lot requirements are waived for
the accessory mobile home).
12) Parcels less than ten (10) acres will be required to provide each home site
with an individual recorded lot.
Amendment --# December 20, 1999
Manufactured Home, Class A
Amendment August 1, 1997
Stokes County Zoning Ordinance
45
Public elementary and secondary schools, colleges, and universities, and private
schools having a curriculum approximately the same as ordinarily given in public
schools.
Public safety facilities such as fire and police stations and rescue squad
headquarters,
1) Provided that all vehicles and equipment shall be stored indoors;
2) Provided further, that all buildings shall be set back at least twenty (20) feet
from all property lines
3) Shall be designed and landscaped in such a way as to blend in with the
surrounding area.
Public works and public utility facilities such as transformer stations, pumping
stations, water towers, and telephone exchanges, provided:
1) Such facilities are essential to the service of the community and no vehicles
or materials shall be stored on the premises. (#13)
2) All buildings and apparatus shall be set back at least twenty (20) feet from
all property lines and shall be designed and landscaped in such a way as to
blend in with the surrounding area.
Signs, subject to Section 73
Single Family Dwellings
Temporary Sawmills
Stokes County Zoning Ordinance
46
80.2 Conditional Zoning Site Development Requirements
A development plan shall be prepared for all conditional zoning applications and be sealed
by an Architect, Engineer, or Surveyor licensed in the State of North Carolina containing
the following information
A. The location, floor plans and general exterior dimensions of main and
accessory buildings.
B. Location, arrangement, and dimensions of truck loading and unloading
spaces and docks.
C. Architectural plans all for proposed buildings
D. Location, design and dimensions of vehicular entrances, exits, and drives.
E. Ground cover, streams topography, slopes, banks, and ditches.
F. The location, dimensions, and arrangements of areas to be devoted to
plantings, lawns, trees, and other plants.
G. Location and materials of walls and fences.
H. Specific drainage systems, as it relates to the site and adjoining properties.
I. Location, arrangements and dimensions of automobile parking spaces,
width of aisles, width of bays, angled parking and sidewalk layouts.
J. The plans for proposed utility layouts, including sanitary sewers, storm
sewers, water distribution lines and electrical service.
K. Plans for refuse disposal equipment and method of refuse disposal such as
compactors or dumpsters. An opaque or decorative fence of a least six (6)
feet in height shall enclose all dumpsters.
L. Preliminary sediment control plan. Developer must submit a copy of the
approved sediment control plan prior to development or construction.
M. Delineation of areas to be constructed in phases and sequential order.
N. An analysis of anticipated traffic volume.
O. The plans for proposed utility layouts, including sanitary sewer, storm
sewers, water distribution lines, natural or propane gas lines, telephone and
electrical service (all utilities shall be constructed to local government
body standards, if applicable).
P. Evidence that the North Carolina Department of Transportation has been
made aware of the proposed development and that the developer will
coordinate for the development with this agency.
Q. Or any other information that the Boards deem necessary.
Stokes County Zoning Ordinance
47
Agritourism Restaurant/Lodging
1) A Restaurant or Lodging facility associated with and located on property
that qualifies as an Agritourism venue site.
2) The primary purpose of the Restaurant and or Lodging facility is to serve
the Agritourism venue site.
3) If the Agritourism venue site ceases operation then the Restaurant and or
Lodging facility no longer qualifies to operate under the zoning
classification of RA-CZ.
4) The Restaurant and or Lodging facility must meet all applicable federal,
state and local laws.
5) All parking shall be on site and designated for that use.
6) Any signage, which identifies the use shall be in accordance with standards
of the underlying zoning district. (Amended 10-2-18)
Airstrip/Landing facility, Private Accessory Use
1) That the proposed use will not endanger the public health and safety, nor
substantially reduce the value of nearby property.
2) That the proposed use will not constitute a nuisance to properties located
in residential districts with respect to noise, dust fumes, light, vibration, or
traffic.
3) That the proposed use and design will comply with all applicable Federal
Aviation Administration regulations.
4) All appropriate FAA permit (s) shall be included with site plan
submission.
5) Access to the runway and taxiway shall be controlled by an approved
method of either a vegetative or natural buffer or by fencing of at least six
(6) feet in height as determined by the Boards.
6) There shall be a minimum three hundred (300) foot setback from the
airstrip and any adjoining residential property.
7) Accessory structures associated with the use shall meet the setback
requirements for primary structures for the underlying zoning district.
Amusements/Recreational Facilities For Profit (Outdoors) (swimming pools, fishing
lakes, etc.)
1) Outdoor amusement facilities shall be separated by an opaque screen from
any abutting property that is located in a residential district, if required by
the Boards.
2) No amusement facilities, such as miniature golf courses, skateboard
courses, or mechanical rides shall be located within 100 feet of any
adjoining property line.
3) Hours of operation shall be no earlier than 7:00 a.m. and no later than
12:00 midnight.
4) No motorized vehicles, such as motorcycles, dirt bikes, go-carts, all terrain
vehicles, and similar uses shall not be allowed.
5) The site shall have a minimum of ten (10) acres, unless otherwise
determined by the Board.
6) Ancillary support activities, such as the provision of food and beverages,
parking and other concessions or vending operations shall permitted on a
Stokes County Zoning Ordinance
48
temporary basis and only during the operation of the use and shall meet all
applicable state health codes.
7) All parking shall be on site in a designated area for that purpose.
8) Any signage, which identifies the use, shall be in accordance with
standards of the underlying zoning district.
Cemeteries (For profit)
1) Burial sites, tombstones, crypts, monuments and mausoleums must be
located at least 100 feet from any street right-of-way line or abutting
property line.
2) Buildings for maintenance, management, rent and/ or sale of cemetery lots
must conform to building type permitted in the zoning district. The
owners of the property, and their agents, heirs, or assignees shall be
responsible for the continual maintenance and up keep of all facilities and
grounds.
3) The proposed use shall be located on a tract no less than ten (10)
contiguous acres exclusive of transportation easements and rights of ways.
4) Burial sites shall be located 100 feet from any surrounding well and 15
feet from any part of a septic system.
5) A plat shall be recorded with the Register of Deeds naming the cemetery
and describing the location of the burial site(s).
Amended 10-2-07
Cemeteries (Church-off site)
1) Burial sites, tombstones, crypts, monuments and mausoleums, or other
structures must be located at least 30 feet from any public street right-of-
way line or abutting property line.
2) Burial sites shall be located 100 feet from any surrounding well and 15
feet from any part of a septic system.
3) Buildings for maintenance, management of cemetery lots must conform to
building type permitted in the zoning district. The owners of the property,
and their agents, heirs, or assignees shall be responsible for the continual
maintenance and up keep of all facilities and grounds.
4) The proposed use shall be located on a tract no less than one (1)
contiguous acre exclusive of transportation easements and rights of ways.
5) A plat shall be recorded with the Register of Deeds naming the cemetery
and describing the location of the burial site(s).
Adopted 10-2-07
Campground, RV park (Temporary Occupancy)
1) Property shall be accessed from a street/road maintained and approved by
the North Carolina Department of Transportation and able to serve any
emergency vehicle (s).
2) The park shall have all weather roads and driveways that directly abut all
spaces.
3) Parking space shall be provided to accommodate at least one (1)
automobile and camping vehicle for each camping spaces.
4) A safe, adequate and conveniently located water supply shall be provided
for each park in compliance with applicable regulations.
Stokes County Zoning Ordinance
49
5) Each park shall provide a sewage disposal/dumping facility, approved by
the Stokes County Environmental Health Department. Any dumping
facility shall be located one hundred (100) feet from any adjoining
property line, structure or campsite.
6) No Class A, B, manufactured home shall be allowed to be set-up or stored
in a recreational park, except for a home being used exclusively for the
park manager or operator dwelling.
7) The recreational park may contain a retail sales counter and/or a coin
operated machines for the park residents’ use only, provided they are
completely enclosed within a structure and there is no exterior advertising.
8) Garbage and refuse disposal shall be provided in a permanent dumpster
container (s). Each dumpster shall be enclosed by a wood fence of at least
six (6) feet in height to prevent debris from leaving the containment area.
9) The use shall be of a temporary nature and the same occupant shall not
occupy any campsite, cabin, or vehicle for a period of more than ninety
(90) days.
10) All parking shall be on site in a designated area for that purpose.
11) The use shall be located on tracts of land that are at least 10 contiguous
acres, unless otherwise determined by the Board.
Commercial/Private Outdoor Kennel (Boarding and breeding of animals, birds and
reptiles)
1) The outdoor containment of animals shall be at least 100 feet from any
abutting property line.
2) Any outside containment areas shall be screened with a solid fence that is
at a height of no less than six (6) feet.
3) Review and inspection by Stokes County Animal Control.
4) Minimum lot area of (3) three acres shall be required and the use shall be
considered an accessory use on a lot containing a principal single family
dwelling and shall be located in the rear of the property.
Community Centers, Clubs, and Lodges
County Governmental Uses / Board of Commissioners
Driving ranges and accessory uses
1) The use shall be located at least 200 feet from any exterior property line.
2) The use shall be located on tracts that are at least 10 contiguous acres,
unless otherwise approved by the Board.
3) The minimum lot depth from the tees to the end of the driving area shall
be one thousand (1000) feet or the end shall be controlled with netting
and/or berms to prevent golf balls from leaving the property.
4) Fencing, netting, trees, or other control measures shall be provided around
the perimeter of the driving area so as to prevent golf balls from leaving
the driving area.
5) Driveway access to the facility shall be paved and must directly connect to
a road that is maintained the NC DOT. Residential and gravel roads shall
not be allowed for access.
Stokes County Zoning Ordinance
50
Golf Courses and Accessory Uses
1) Fencing, netting, trees, or other control measures shall be provided around
the perimeter of the golf course so as to prevent golf balls from leaving the
course area.
2) There shall be a minimum distance of fifty (50) feet between any
clubhouse or other principle building (s) and any adjacent residentially
zoned property.
3) Driveway access to the facility shall be paved and must directly connect to
a road that is maintained the NC DOT. Residential and gravel roads shall
not be allowed for access.
Hunting Clubs & Lodges
1) (10) ten acre minimum
Land Clearing / Inert Debris Landfill Minor (Off-site) For Profit
1) Any landfill shall obtain all applicable permits and comply with the
standards of the Stokes County Environmental Health Department and the
State of North Carolina. All approved permits shall be submitted in the
site plan to the Planning Department prior to issuance of the Conditional
Zoning permit.
2) Driveway access to the facility shall be paved and must directly connect to
a road that is maintained the by NC DOT. Residential and gravel roads
shall not be allowed for access.
3) All driveways which serve the site shall be wide enough to accommodate
two way traffic at all times and an area on the site shall be provided
accommodate vehicles entering the site so that no traffic waiting to enter
the site will be backed up on any public right-of-way.
4) The maximum area of the site shall be limited to two (2) acres.
5) A minor landfill shall be limited to a maximum period of operation of
three (3) years from the date of issuance of the Conditional Zoning permit.
6) No portion of any such landfill shall be located within 100 feet of any
exterior property line. This includes structures, equipment storage,
parking areas, and fill areas. Access drives may cross this area but not be
placed laterally through this area.
7) The fill area shall be located at least 100 feet from any existing drinking
water well at the time of approval.
8) A fifteen (15) foot evergreen tree buffer of at least 6 ft. in height shall be
retained around the exterior property line.
9) Vehicular and pedestrian access to the site must be controlled; the site
must be closed and secured during hours of non-operation.
10) Operation of use shall be between the times of 7:00am and 5:00pm,
Monday through Saturday.
11) No filling of any kind is allowed within 100 feet of the regulatory flood
plain or floodway fringe or within any drainage ways.
12) The landfill operator shall be responsible for removal of any and all debris,
dirt, or other materials that fall from vehicles entering or leaving the
landfill from all adjoining streets. Failure to comply shall constitute a
Stokes County Zoning Ordinance
51
violation of this ordinance and shall constitute grounds for revocation of
the operating permit.
13) A surety bond or irrevocable letter of credit in an amount to be determined
by the County Manager and with consultation with a consulting engineer
shall be provided to ensure that any active landfill area will be closed in an
approved fashion. The amount of the bond will be based upon the
maximum acreage expected to be in use at any given time. No more than
25% of the total area to be filled may be actively used at any one time.
14) A reclamation plan shall be provided to show how the site will be
reclaimed upon the closing of the landfill. Upon closure, a minimum of
one (1) foot of clean soil, graded to maximum slope of three to one (3:1),
and stabilized with vegetation or by other approved means.
Land Clearing / Inert Debris Landfill Major (Off-site) For Profit
1) Any landfill shall obtain all applicable permits and comply with the
standards of the Stokes County Environmental Health Department and the
State of North Carolina. All approved permits shall be submitted in the
site plan to the Planning Department prior to issuance of the Conditional
Zoning permit.
2) Driveway access to the facility shall be paved and must directly connect to
a road that is maintained the by NC DOT. Residential and gravel roads
shall not be allowed for access.
3) All driveways which serve the site shall be wide enough to accommodate
two way traffic at all times and an area on the site shall be provided
accommodate vehicles entering the site so that no traffic waiting to enter
the site will be backed up on any public right-of-way.
4) No portion of any such landfill shall be located within 100 feet of any
exterior property line. This includes structures, equipment storage, and
parking areas. Access drives may cross this area but not be placed
laterally through this area.
5) The fill area shall be located at least 300 feet from any residential district
and any existing drinking water well at the time of approval.
6) A fifteen (15) foot evergreen tree buffer of at least 6 ft. in height shall be
retained around the exterior property line.
7) Vehicular and pedestrian access to the site must be controlled; the site
must be closed and secured during hours of non-operation.
8) Operation of use shall be between the times of 7:00am and 5:00pm,
Monday through Saturday.
9) The fill area of the site shall be limited to a maximum of 10 acres.
10) No filling of any kind is allowed within 100 feet of the regulatory flood
plain or floodway fringe or within any drainage ways.
11) The landfill operator shall be responsible for removal of any and all debris,
dirt, or other materials that fall from vehicles entering or leaving the
landfill from all adjoining streets. Failure to comply shall constitute a
violation of this ordinance and shall constitute grounds for revocation of
the operating permit.
12) A surety bond or irrevocable letter of credit in an amount to be determined
by the County Manager and with consultation with a consulting engineer
Stokes County Zoning Ordinance
52
shall be provided to ensure that any active landfill area will be closed in an
approved fashion. The amount of the bond will be based upon the
maximum acreage expected to be in use at any given time. No more than
25% of the total area to be filled may be actively used at any one time.
13) A reclamation plan shall be provided to show how the site will be
reclaimed upon the closing of the landfill. Upon closure, a minimum of
one (1) foot of clean soil, graded to maximum slope of three to one (3:1),
and stabilized with vegetation or by other approved means.
Motor Cross Course (Including bicycles without motors)
1) Outdoor amusement facilities shall be separated by an opaque screen from
any abutting property that is located in a residential district, if required by
the Boards.
2) All structures and accessory structures shall be located at least 100 feet
from any adjoining property lines.
3) No portion of the riding course shall be located within 100 feet of any
adjoining property line.
4) Hours of operation shall be no earlier than 7:00 a.m. and no later than
12:00 midnight.
5) The site shall have a minimum of ten (10) acres, unless otherwise
determined by the Board.
6) Ancillary support activities, such as the provision of food and beverages,
parking and other concessions or vending operations shall permitted on a
temporary basis and only during the operation of the use and shall meet all
applicable state health codes.
7) All parking shall be on a permanent site in a designated area for that
purpose.
8) Any signage, which identifies the use, shall be in accordance with
standards of the underlying zoning district.
Parks (Public or Private)
Planned Recreational Resort
Board of Commissioners subject to the following conditions:
1) All conditional use requests are subject to the requirements and procedures
as set forth in Article XIII (Conditional Uses).
2) A site plan reviewed by the Planning Board and approved by the Board of
Commissioners.
3) The minimal tract shall be ten (10) acres unless otherwise determined by
the board.
4) Any structure (including parking areas or swimming pools shall be at least
one hundred (100) feet from any exterior property line.
5) Each dwelling unit shall comply with the off-street parking requirements
found in Article VII, Section 74.
6) Recreational facilities such as trails, swimming pools, golf courses shall be
secondary activities to the residential uses and be primarily for the benefit
Stokes County Zoning Ordinance
53
of the people residing there. Such uses as skeet, and firing ranges, motor
cross, and go-cart tracts shall not be permitted.
7) Common open space shall be a part of the project.
8) Overall density shall not exceed that allowed in the current zoning
classification, although clustering is allowed.
9) Roads within the project shall be public or private and comply with the
development standards in the county subdivision regulations.
10) No billboards or freestanding commercial signs shall be permitted on site;
however, one (1) identification sign shall be permitted at each entrance,
directional signs shall be allowed on site as needed.
Amendment #231amended 2-7-2012
Stables/Riding Academies (Commercial)
1) Stables with more than 10 stalls shall be located on tracts that are 10
contiguous acres or larger, unless otherwise determined by the Board.
2) All structures and accessory structures shall be located at least 100 feet
from any adjoining property lines.
Rest and Convalescent homes not used primarily for the treatment of contagious
diseases, alcoholics, drug addicts or psychotics
Wireless Telecommunications Facilities (See Appendix B)
Zip Lines
1) (10) ten acre minimum
Stokes County Zoning Ordinance
54
80.3 Dimensional Requirements
80.3.1 One-acre (43,560) square feet minimum required lot area per dwelling unit. Lots
with access to public water will be allowed a minimum thirty thousand (30,000)
square feet lot area per dwelling unit provided that there is an adequate supply of
water to provide fire suppression. (According to NFPA 1142)
(Amended 12-8-98 & 12-2-03)
Amendment #3--Amended June 20, 1983
Amendment #15--Amended August 20, 1984
Amendment #16--Amended January 7, 1985
Amendment #5--Amended June 20, 1983
80.3.2 One hundred (100) feet minimum required mean lot width per dwelling unit.
80.3.3 Forty (40) feet minimum required front yard.
80.3.4 Minimum required rear yard shall be twenty (20) percent of the mean lot depth,
provided that such rear yard need not exceed thirty (30) feet.
80.3.5 Minimum required side yards for the principal building shall be at least fifteen (15)
feet.
80.3.6 Maximum permissible lot coverage by the principal building shall not exceed
twenty (20) percent of the total area.
80.3.7 Height of buildings shall not exceed thirty-five (35) feet unless the depth of the
front and total width of the side yards required herein shall be increased by one (1)
foot for each two (2) feet or fraction thereof of the buildings height in excess of
thirty-five feet.
80.3.8 Accessory building shall not be erected in any required front or side yard or within
twenty (20) feet of any street or highway line or within ten (10) feet of any lot line
not a street or highway line. An accessory building or use may be located not less
than (10) feet from any property line. Manufactured housing shall not be used as
an accessory building. Accessory buildings shall not be located on lots less than
five (5) acres unless there is a principal building (Home) on the lot.
80.3.9 Off-street parking shall be provided as required in Section 74 of this Ordinance.
Stokes County Zoning Ordinance
55
Section 81 R-20 ResidentialLow-Density
This district is intended to be a quiet, low-density neighborhood consisting of single family
residences along with limited home occupations and limited private and community uses.
81.1 Permitted Uses
All uses permitted in the R-A (Residential-Agricultural) District except mobile
homes, mobile home parks, rest homes, clubs and lodges, and backyard workshops.
The raising of livestock for commercial or non-commercial use including, but not
limited to the following: cows, pigs, horses, chickens, turkeys, ducks, sheep, goats,
and other similar type animals shall not be a permitted use in the R-20 zoning
district. On parcels of land five (5) acres and greater horses are permitted for the
personal use of the property owner. This does not permit commercial boarding,
breeding, or training of horses.
(Amended 2-2-99)
Bed and Breakfast Home
1) The Bed and Breakfast Home shall be operated by the landowners, or their
agent who shall reside on the property.
2) The use shall be located in a structure which was originally constructed as
a dwelling.
3) Meals served on the premises shall be only for guests of the facility.
Amendment #28--Amended February 2, 1993
4) All facilities shall comply with the rules governing the sanitation of Bed and
Breakfast Homes as specified in 15A NCAC 18A.2200.
5) Signage shall be limited to one home occupation sign or one free standing
sign not to exceed three square feet in area. Either may be directly or
indirectly illuminated.
81.2 Conditional Zoning
County Governmental Uses/Board of Commissioners
81.3 Dimensional Requirements
81.3.1 Twenty thousand (20,000) sq. ft. minimum required lot area per dwelling unit.
Public sewer and water systems are required. Where there is not an adequate
supply of water for fire suppression, (Reference NFPA 1142) the minimum lot
size shall be one-acre (43,560) sq. ft.
81.3.2 One hundred (100) feet minimum lot width.
81.3.3 Thirty (30) feet minimum front yard.
Stokes County Zoning Ordinance
56
81.3.4 Minimum required side yards for the principal building shall be at least fifteen (15)
feet.
81.3.5 Minimum required rear yard shall be twenty (20) percent of the mean lot depth,
provided that such yard need not exceed thirty (30) feet.
81.3.6 Maximum permissible lot coverage by the principal building and all accessory
buildings shall not exceed thirty (30) percent of the total lot area.
81.3.7 Height of buildings shall not exceed thirty-five (35) feet unless the depth of the
front and total width of the side yard required herein shall be increased by one (1)
foot for each two (2) feet, or fraction thereof, of building height in excess of thirty-
five (35) feet.
81.3.8 Accessory buildings shall not be erected in any required front or side yard or within
twenty (20) feet of any street or highway line or within ten (10) feet of any lot line
not a street or highway line. An accessory building or use may be located in a rear
yard provided it is located not less than ten (10) ten feet from any property line.
81.3.9 Off-street parking shall be provided as required in Section 74 of this Ordinance.
Stokes County Zoning Ordinance
57
Section 82 R-15 Residential-Moderate Density
This district is intended to be a quiet, medium-density neighborhood consisting of limited home
occupations, and limited private and public community uses. It is expected that public water and
sewer facilities will be available to each lot, providing a healthful environment.
82.1 Permitted Uses
All uses permitted in the R-20 Residential District.
Bed and Breakfast Home
1) The Bed and Breakfast Home shall be operated by the landowners, or their
agent who shall reside on the property.
2) The use shall be located in a structure which was originally constructed as
a dwelling.
3) Meals served on the premises shall be only for guests of the facility.
Amendment #28--Amended February 2, 1993
4) All facilities shall comply with the rules governing the sanitation of Bed and
Breakfast Homes as specified in 15A NCAC 18A.2200.
5) Signage shall be limited to one home occupation sign or one free standing
sign not to exceed three square feet in area. Either may be directly or
indirectly illuminated.
82.2 Conditional Zoning
County Government Uses (#15)/Board of Commissioners (#16)
82.3 Dimensional Requirements
82.3.1 Fifteen thousand (15,000) square feet minimum lot area per dwelling unit.
82.3.2 Ninety (90) feet minimum mean lot width.
Amendment #15--Amended August 20, 1984.
Amendment #16--Amended January 7, 1985.
Amendment #28--Amended February 2, 1993.
82.3.3 Thirty (30) feet minimum front yard.
82.3.4 Minimum required side yards for the principal building shall be at least
twelve (12) feet, except that any side yard abutting a street or highway shall
be at least fifteen (15) feet.
82.3.5 Minimum required rear yard shall be twenty (20) percent of the mean lot
depth, provided that such yard need not exceed thirty (30) feet.
82.3.6 Maximum permissible lot coverage by the principal building and all
accessory buildings shall not exceed thirty (30) percent of the total lot area.
Stokes County Zoning Ordinance
58
82.3.7 Height of buildings shall not exceed thirty-five (35) feet unless the depth of
the front and total width of the side yard required herein shall be increased
by one (1) foot for each two (2) feet, or fraction thereof, of the building
height in excess of thirty-five (35) feet.
82.3.8 Accessory buildings shall not be erected in any required front or side yard
within twenty (20) feet of any street or highway line or within ten (10) feet
of any lot line not a street or highway line. An accessory building or use
may be located in a rear yard provided it is located not less than ten (10) feet
from any property line.
82.3.9 Off-street parking shall be provided as required in Section 74 of this
Ordinance.
Stokes County Zoning Ordinance
59
Section 83 R-8 Residential High Density District
Residential District is established as a district where two family and multi-family dwellings will
be permitted along with single family dwellings. It is required that public water and sewer facilities
will be available to each lot in such districts.
Amendment #28--Amended February 2, 1993.
83.1 Permitted Uses
Clubs and lodges, catering exclusively to members and their guests
Multi-family dwellings
Offices for doctors, dentists, chiropractors, lawyers, accountants, insurance persons
and similar professional persons
Rest and convalescent homes not used primarily for the treatment of contagious
diseases, alcoholics, drug addicts, or psychotics
Rooming and boarding houses and tourist homes
Signs, subject to Section 73
Two family dwellings
Single family dwellings (#14)
Bed and Breakfast Home
1) The Bed and Breakfast Home shall be operated by the landowners, or their
agent who shall reside on the property.
2) The use shall be located in a structure which was originally constructed as
a dwelling.
3) Meals served on the premises shall be only for guests of the facility.
Amendment #28--Amended February 2, 1993
4) All facilities shall comply with the rules governing the sanitation of Bed and
Breakfast Homes as specified in 15A NCAC 18A.2200.
5) Signage shall be limited to one home occupation sign or one free standing
sign not to exceed three square feet in area. Either may be directly or
indirectly illuminated.
83.2 Conditional Zoning
County Governmental Uses (#15)/Board of Commissioners (#16)
83.3 Dimensional Requirements
83.3.1 Eight thousand (8,000) square feet; minimum required lot area for the first
dwelling unit; four thousand (4,000) square feet additional lot area required
for the second dwelling unit; and three thousand (3,000) square feet
additional lot area per dwelling unit for each unit in excess of two (2), up to
a maximum of twelve (12) dwelling units per acre.
Amendment #14--Amended February 6, 1984
Amendment #15--Amended August 20, 1984
Amendment #16--Amended January 7, 1985
Stokes County Zoning Ordinance
60
83.3.2 Seventy (70) feet minimum required mean lot width for the first dwelling
unit; twenty (20) feet additional mean lot width for the second dwelling.
83.3.3 Thirty (30) feet minimum required front yard.
83.3.4 Minimum required side yard for the principal building shall be at least ten
(10) feet except that any side yard abutting a public thoroughfare shall be at
least fifteen (15) feet.
83.3.5 Minimum required rear yard shall be twenty percent of the mean lot depth,
provided that such rear yard need not exceed thirty (30) feet.
83.3.6 Maximum permissible lot coverage by the principal building and all
accessory buildings shall not exceed forty (40) percent of the total lot area.
83.3.7 Height of buildings shall not exceed thirty-five (35) feet unless the depth of
the front yard and total width of the side yards required herein shall be
increased by one (1) foot for each two (2) feet or fraction thereof, of building
height in excess of thirty-five (35) feet.
83.3.8 Accessory buildings shall not be erected in any required front or side yard
or within twenty (20) feet of any street or highway line or within five (5)
feet of any lot line not a street or highway line. An accessory building or
use may be located in a rear yard provided it is located not less than ten (10)
feet from the rear yard line.
83.3.9 Off-street parking shall be provided as required in Section 74 of this
Ordinance.
Stokes County Zoning Ordinance
61
Section 84 Residential Exclusive District
RE - Residential Exclusive - The residential exclusive district is intended primarily for major
single-family subdivisions (see definition of major subdivision) consisting of only site-built or
modular dwellings. Doublewides (Class A-multi-sectional) and singlewides (Class B with HUD
label or Class C without HUD label) manufactured units are specifically excluded. Other
compatible uses as specified in the Table of Uses by districts are permitted, but the range of uses
is limited and the development criteria may be higher than in the RA (Residential Agricultural)
district.
84.1 Permitted Uses
Site -built homes
Modular homes
All uses permitted in the R-A (Residential-Agricultural) District except mobile
homes, rest homes, clubs, lodges, and backyard workshops.
The raising of livestock for commercial or non-commercial use including, but not
limited to the following: cows, pigs, horses, chickens, turkeys, ducks, sheep, goats,
and other similar type animals shall not be a permitted use in the RE zoning district.
On parcels of land five (5) acres and greater horses are permitted for the personal
use of the property owner. This does not permit commercial boarding, breeding, or
training of horses.
Bed and Breakfast Home
1) The Bed and Breakfast Home shall be operated by the landowners, or their
agent who shall reside on the property.
2) The use shall be located in a structure which was originally constructed as
a dwelling.
3) Meals served on the premises shall be only for guests of the facility.
Amendment #28--Amended February 2, 1993
4) All facilities shall comply with the rules governing the sanitation of Bed and
Breakfast Homes as specified in 15A NCAC 18A.2200.
5) Signage shall be limited to one home occupation sign or one free standing
sign not to exceed three square feet in area. Either may be directly or
indirectly illuminated.
84.2 Conditional Zoning
County Governmental Uses/Board of Commissioners
Stokes County Zoning Ordinance
62
84.3 Dimensional Requirements
84.3.1 One-acre (43,560) square feet minimum required lot area per dwelling
unit. Lots with access to public water will be allowed a minimum thirty
thousand (30,000) square feet lot area per dwelling unit provided that there
is an adequate supply of water to provide fire suppression. (According to
NFPA 1142)
(Amended 12-8-98 & 12-2-03)
84.3.2 One hundred (100) feet minimum required mean lot width per dwelling unit
84.3.3 Forty (40) feet minimum front yard
84.3.4 Minimum required side yards for the principal building shall be at least
fifteen (15) feet.
84.3.5 Minimum required rear yard shall be twenty (20) percent of the mean lot
depth, provided that such yard need not exceed thirty (30) feet.
84.3.6 Maximum permissible lot coverage by the principal building and all
accessory buildings shall not exceed thirty (30) percent of the total lot area.
84.3.7 Height of buildings shall not exceed thirty-five (35) feet unless the depth of
the front and total width of the side yard required herein shall be increased
by one (1) foot for each two (2) feet, or fraction thereof, of building height
in excess of thirty-five (35) feet.
84.3.8 Accessory buildings shall not be erected in any required front or side yard
or within twenty (20) feet of any street or highway line or within ten (10)
feet of any lot line not a street or highway line. An accessory building or use
may be located in a rear yard provided it is located not less than ten (10) ten
feet from any property line.
84.3.9 Off-street parking shall be provided as required in Section 74 of this
Ordinance.
Stokes County Zoning Ordinance
63
Section 85 Residential Restricted
RR Residential Restricted - The residential restricted district is intended primarily for major
single-family subdivisions (see definition of major subdivision) consisting of only site-built,
modular dwellings or Class A manufactured units. Other compatible uses as specified in the
Table of Uses by districts are permitted, but the range of uses is limited and the development
criteria may be higher than in the RA (Residential Agricultural) district.
85.1 Permitted Uses
Site -built homes
Modular homes
Class A - manufactured housing, (multi-sectional doublewide and triple-wide)
All uses permitted in the R-A (Residential-Agricultural) District except, rest homes,
clubs, and lodges.
The raising of livestock for commercial or non-commercial use including, but not
limited to the following: cows, pigs, horses, chickens, turkeys, ducks, sheep, goats,
and other similar type animals shall not be a permitted use in the RR zoning district.
On parcels of land five (5) acres and greater horses are permitted for the personal
use of the property owner. This does not permit commercial boarding, breeding, or
training of horses.
Bed and Breakfast Home
1) The Bed and Breakfast Home shall be operated by the landowners, or their
agent who shall reside on the property.
2) The use shall be located in a structure which was originally constructed as
a dwelling.
3) Meals served on the premises shall be only for guests of the facility.
Amendment #28--Amended February 2, 1993
4) All facilities shall comply with the rules governing the sanitation of Bed and
Breakfast Homes as specified in 15A NCAC 18A.2200.
5) Signage shall be limited to one home occupation sign or one free standing
sign not to exceed three square feet in area. Either may be directly or
indirectly illuminated.
85.2 Conditional Zoning
County Governmental Uses/Board of Commissioners
Stokes County Zoning Ordinance
64
85.3 Dimensional Requirements
85.3.1 One-acre (43,560) square feet minimum required lot area per dwelling
unit. Lots with access to public water will be allowed a minimum thirty
thousand (30,000) square feet lot area per dwelling unit provided that there
is an adequate supply of water to provide fire suppression. (According to
NFPA 1142)
(Amended 12-8-98 & 12-2-03)
85.3.2 One hundred (100) feet minimum required mean lot width per dwelling unit
85.3.3 Forty (40) feet minimum front yard
85.3.4 Minimum required side yards for the principal building shall be at least
fifteen (15) feet.
85.3.5 Minimum required rear yard shall be twenty (20) percent of the mean lot
depth, provided that such yard need not exceed thirty (30) feet.
85.3.6 Maximum permissible lot coverage by the principal building and all
accessory buildings shall not exceed thirty (30) percent of the total lot area.
85.3.7 Height of buildings shall not exceed thirty-five (35) feet unless the depth of
the front and total width of the side yard required herein shall be increased
by one (1) foot for each two (2) feet, or fraction thereof, of building height
in excess of thirty-five (35) feet.
85.3.8 Accessory buildings shall not be erected in any required front or side yard
or within twenty (20) feet of any street or highway line or within ten (10)
feet of any lot line not a street or highway line. An accessory building or
use may be located in a rear yard provided it is located not less than ten (10)
ten feet from any property line.
85.3.9 Off-street parking shall be provided as required in Section 74 of this
Ordinance.
Stokes County Zoning Ordinance
65
Section 86 Residential Mixed
RM - Residential Mixed - The residential mixed district is intended primarily for major single-
family subdivisions (see definition of major subdivision) consisting of only site-built, modular
dwellings or Class A (Multi-sectional) and Class B (single wides) manufactured units. Other
compatible uses as specified in the Table of Uses by districts are permitted, but the range of uses
is limited and the development criteria may be higher than in the RA (Residential Agricultural)
district.
86.1 Permitted Uses
Site -built homes
Modular homes
Class A - manufactured housing, (multi-sectional doublewide and triple-wide)
Class B - manufactured housing, (singlewides that meet HUD standards)
Bed and Breakfast Home
1) The Bed and Breakfast Home shall be operated by the landowners, or their
agent who shall reside on the property.
2) The use shall be located in a structure which was originally constructed as
a dwelling.
3) Meals served on the premises shall be only for guests of the facility.
Amendment #28--Amended February 2, 1993
4) All facilities shall comply with the rules governing the sanitation of Bed and
Breakfast Homes as specified in 15A NCAC 18A.2200.
5) Signage shall be limited to one home occupation sign or one free standing
sign not to exceed three square feet in area. Either may be directly or
indirectly illuminated.
The intent of the standards set forth in this ordinance is to ensure that
manufactured homes are compatible with other dwellings in residential areas and
meet a minimum construction, placement and architectural standard while
providing an alternative means of affordable housing.
Single section manufactured homes used as an accessory structure on tracts ten
(10) acres or larger shall be issued a temporary permit valid for a period of two (2)
years. When the two- (2) year duration period has ended a new two (2) year
temporary permit must be issued and so forth until the home is removed.
The use of a single section Class B manufactured home may be used as an
accessory structure for the purpose of building a new or rebuilding a damaged
home with the issuance of a temporary permit valid only for a period of two (2)
years. Any variance to this requirement shall be made to the Board of
Adjustment. It is the intent that the requirements 1-12 shall not apply to homes
being used for this purpose.
Stokes County Zoning Ordinance
66
It is intended that any single section manufactured home that is a home of record
with the Stokes County Tax and the Planning and Community Development
Department as of December 31, 1999 shall be considered “grand fathered” and
shall not need to meet these requirements. However, if this home of record is
moved or placed on any new lot or parcel the requirements listed below shall
apply with the exception to requirement # 2, 6, and 7.
Mobile Homes may be situated on individual lots in the R-M Residential Districts,
provided they meet the same lot and yard size requirements as immobile homes
and also meet the following requirements.
1) The single section home shall be on a lot/parcel located in an area in which
the majority of the surrounding housing uses are of the same type.
2) The manufactured home shall have a minimum nominal width of fourteen
(14) feet.
3) The towing apparatus, wheels, axles, and transporting lights shall be
removed.
4) The manufactured home shall be oriented parallel or within a ten (10)
degree deflection of being parallel to lot frontage. Any request to vary this
requirement shall be made to the BOA. This requirement shall only apply
to tracts that are of one (1) acre of size or smaller or if the location of the
home is within 125 feet from the center of the road or street.
5) The home shall have a continuous, permanent masonry foundation or
masonry curtain wall installed under the perimeter of the manufactured
home and be constructed in accordance with the NC building code, being
unpierced except for required access and ventilation. Installation must be
completed prior to the final electrical service is approved.
6) The exterior appearance of the home shall consist of a siding that is made
of one or more of the following: vinyl, aluminum, wood, press board,
stucco, brick or stone, but in no case shall the reflectivity of the siding be
greater than a flat white paint.
7) The main roof of each manufactured home shall be a gable or hip roof
pitch of at least a minimum nominal vertical rise of three (3) feet for each
twelve (12) feet or greater horizontal run. The roof shall be covered with a
material that is residential in appearance, including but not limited to
Stokes County Zoning Ordinance
67
approved wood, asphalt composition or fiberglass shingles, but excluding
corrugated aluminum, fiberglass or metal roofs.
8) Stairs, porches, entrance platforms, ramps and other means or entrance and
exit to and from the manufactured home shall be installed or constructed in
compliance with the standards of the NC State building code, attached and
anchored securely to the ground. Wood stairs shall only be used in
conjunction with a porch or entrance platform with a minimum size of
twenty (20) square feet. It is the intention to prohibit the use of wood
stairs only at the entrance to a manufactured home.
9) The home shall have a minimum nominal heated square footage size of
840 square feet.
10) Manufactured homes constructed before July 1, 1976 that do not meet the
construction standards of the U.S Department of Housing and Urban
Development (HUD), will be permitted only for agricultural uses only.
11) Two (2) accessory mobile homes are allowed on parcels ten (10) acres or
greater. If the primary residence is a singlewide mobile home, only one
accessory mobile is allowed (Individual lot requirements are waived for
the accessory mobile home).
12) Parcels less than ten (10) acres will be required to provide each home site
with an individual recorded lot.
All uses permitted in the R-A (Residential-Agricultural) District except rest homes,
clubs and lodges.
The raising of livestock for commercial or non-commercial use including, but not
limited to the following: cows, pigs, horses, chickens, turkeys, ducks, sheep, goats,
and other similar type animals shall not be a permitted use in the RM zoning district.
On parcels of land five (5) acres and greater horses are permitted for the personal
use of the property owner. This does not permit commercial boarding, breeding, or
training of horses.
Amendment # -- December 20, 1999
86.2 Conditional Zoning
County Governmental Uses/Board of Commissioners
Stokes County Zoning Ordinance
68
86.3 Dimensional Requirements
86.3.1 One-acre (43,560) square feet minimum required lot area per dwelling
unit. Lots with access to public water will be allowed a minimum thirty
thousand (30,000) square feet lot area per dwelling unit provided that there
is an adequate supply of water to provide fire suppression. (According to
NFPA 1142)
(Amended 12-8-98 & 12-2-03)
86.3.2 One hundred (100) feet minimum required mean lot width per dwelling unit.
86.3.3 Forty (40) feet minimum front yard
86.3.4 Minimum required side yards for the principal building shall be at least
fifteen (15) feet.
86.3.5 Minimum required rear yard shall be twenty (20) percent of the mean lot
depth, provided that such yard need not exceed thirty (30) feet.
86.3.6 Maximum permissible lot coverage by the principal building and all
accessory buildings shall not exceed thirty (30) percent of the total lot area.
86.3.7 Height of buildings shall not exceed thirty-five (35) feet unless the depth of
the front and total width of the side yard required herein shall be increased
by one (1) foot for each two (2) feet, or fraction thereof, of building height
in excess of thirty-five (35) feet.
86.3.8 Accessory buildings shall not be erected in any required front or side yard
or within twenty (20) feet of any street or highway line or within ten (10)
feet of any lot line not a street or highway line. An accessory building or
use may be located in a rear yard provided it is located not less than ten (10)
ten feet from any property line.
86.3.9 Off-street parking shall be provided as required in Section 74 of this
Ordinance.
Stokes County Zoning Ordinance
69
Section 87 Residential Multi-family
RMF - Residential Multi-family - The residential multi-family district is intended primarily for
high-density uses such as apartments, townhouses, and condominiums. Other compatible uses as
specified in the table of uses are permitted, but the range of uses is more limited and the
development criteria may be higher than the RA district. Any multi-family development shall meet
the supplemental development criteria as specified in Article XIII, Section 135 of this ordinance.
87.1 Permitted Uses
Duplexes
Apartments
Townhouses
Condominiums
87.2 Dimensional Requirements
For multi-family development, the minimum lot shall be 30,000-sq. ft. for the first
dwelling, 20,000-sq. ft. for the second through fifth dwelling, and 15,000 sq. ft. per
unit in excess of five. However, the Stokes County Health Department may require
larger lot sizes where public water and sewer is not available.
87.3 Conditional Zoning
County Governmental Uses/Board of Commissioners
Section 88 Manufactured Housing Park
MHP - Manufactured Housing Park - The manufactured housing park district is intended
primarily for manufactured housing parks. Other compatible uses as specified in the table of uses
are permitted, but the range of uses is more limited and the development criteria may be higher
than the RA district. Any manufactured housing park development shall meet the supplemental
development criteria as specified in Article VII, Section 76 of this ordinance.
88.1 Permitted Uses
Manufactured Housing Park for Class B and C manufactured homes
88.2 Conditional Zoning
County Governmental Uses/Board of Commissioners
Stokes County Zoning Ordinance
70
Section 89 H-B Highway Business District
Highway Business District is established as a district in which the principal use of land is for retail
trade establishments and the provisions of services to the traveling public. A development plan
shall be prepared for all uses in the H-B Highway Business District and sealed by an Architect,
Engineer, or Surveyor licensed in the State of North Carolina containing the following information:
A. The location, floor plans and general exterior dimensions of main and
accessory buildings.
B. Location, arrangement, and dimensions of truck loading and unloading
spaces and docks.
C. Architectural plans all for proposed buildings.
D. Location, design and dimensions of vehicular entrances, exits, and drives.
E. Ground cover, streams topography, slopes, banks, and ditches.
F. The location, dimensions, and arrangements of areas to be devoted to
plantings, lawns, trees, and other plants.
G. Location and materials of walls and fences.
H. Specific drainage systems, as it relates to the site and adjoining properties.
I. Location, arrangements and dimensions of automobile parking spaces,
width of aisles, width of bays, angled parking and sidewalk layouts.
J. The plans for proposed utility layouts, including sanitary sewers, storm
sewers, water distribution lines and electrical service.
K. Plans for refuse disposal equipment and method of refuse disposal such as
compactors or dumpsters. An opaque or decorative fence of a least six (6)
feet in height shall enclose all dumpsters.
L. Preliminary sediment control plan. Developer must submit a copy of the
approved sediment control plan prior to development or construction.
M. Delineation of areas to be constructed in phases and sequential order.
N. An analysis of anticipated traffic volume.
O. The plans for proposed utility layouts, including sanitary sewer, storm
sewers, water distribution lines, natural or propane gas lines, telephone and
electrical service (all utilities shall be constructed to local government
body standards, if applicable).
P. Evidence that the North Carolina Department of Transportation has been
made aware of the proposed development and that the developer will
coordinate for the development with this agency.
Stokes County Zoning Ordinance
71
89.1 Permitted Uses
Airport and Flying Field (Commercial, Principal Use)
1) That the proposed use will not endanger the public health and safety, nor
substantially reduce the value of nearby property.
2) That the proposed use will not constitute a nuisance to properties located
in residential districts with respect to noise, dust fumes, light, vibration, or
traffic.
3) The site shall have a minimum of fifty (50) acres and/or airstrip size and
layout shall conform to current FAA requirements. The appropriate FAA
permit (s) shall be included with site plan submission.
4) There shall be a minimum three hundred (300) foot distance between the
airport property and the nearest existing residential uses.
5) Security fencing shall be provided, sufficient to control access to runways
and taxiways. The fencing shall be a minimum six (6) feet in height.
Amusement/Recreational Facilities (Outdoors) (swimming pools, fishing
lakes, playgrounds, etc.)
1) Outdoor amusement facilities shall be separated by an opaque screen from
any abutting property that is located in a residential district, if required by
the Boards.
2) No amusement facilities, such as miniature golf courses, skateboard
courses, or mechanical rides shall be located within 100 feet of any
adjoining property line.
3) Hours of operation shall be no earlier than 7:00 a.m. and no later than
12:00 midnight.
4) No motorized vehicles, such as motorcycles, dirt bikes, go-carts, all terrain
vehicles, and similar uses shall not be allowed.
5) The site shall have a minimum of ten (10) acres.
6) Ancillary support activities, such as the provision of food and beverages,
parking and other concessions or vending operations shall permitted on a
temporary basis and only during the operation of the use and shall meet all
applicable state health codes.
7) All parking shall be on site in a designated area for that purpose.
7) Any signage, which identifies the use, shall be in accordance with
standards of the underlying zoning district.
Animal hospitals and kennels, provided no pens or kennels are located closer
than twenty (20) feet to any property line.
Apple packaging shed.
Assembly halls, coliseums, armories, ballrooms, and similar structures
Automobile, vehicle repair/service garage
Stokes County Zoning Ordinance
72
1) No storage of materials, parts, tires or dismantled vehicles shall be allowed
in the front yard of any vehicle repair/service garage.
2) Storage of all materials, parts, tires and dismantled vehicles shall be in the
rear of the primary structure and shall be enclosed by a solid fence no less
than eight (8) feet in height. No more than ten (10) motor vehicles shall be
stored on the premises at any one time.
3) No storable materials, parts, tires or dismantled vehicles shall be stacked or
placed to reach a height of six (6) feet.
4) Lighting for the use shall not have a direct beam of light from outdoor
fixtures, signs or vehicles maneuvering on the site that will shine into any
abutting property located in a residential zoning district or an abutting
residential use. The height limit of any light shall be limited to thirty-five
(35) feet.
Automobile sales, new and used
1) Parcels used for the purpose of the sale of new or used vehicles/recreational
vehicles shall provide off street parking according to Article VII Section 74.
2) The use and accessory uses shall be separated a minimum of thirty (30) feet
from any adjoining residential property line.
3) All exterior lighting shall be turned off, except those that are needed for
security when the use is not in operation.
4) Lighting for the use shall not have a direct beam of light from outdoor
fixtures, signs or vehicles maneuvering on the site that will shine into any
abutting property located in a residential zoning district or an abutting
residential use. The height limit of any light shall be limited to thirty-five
(35) feet.
Bars (On site alcoholic beverage consumption)
1) No such establishment shall be located within two-hundred (200) feet of a
church; school (private or public), park, or existing residentially zoned
properties or structures.
2) A minimum six (6) foot high opaque fence shall be placed at any adjoining
residential property.
3) Lighting for the use shall not have a direct beam of light from outdoor
fixtures, signs or vehicles maneuvering on the site that will shine into any
abutting property located in a residential zoning district or an abutting
residential use. The height limit of any light shall be limited to thirty-five
(35) feet.
Stokes County Zoning Ordinance
73
Barber and beauty shops
Bed and Breakfast Home (#28)
1) The Bed and Breakfast Home shall be operated by the landowners, or their
agent who shall reside on the property.
2) The use shall be located in a structure which was originally constructed as
a dwelling.
3) Meals served on the premises shall be only for guests of the facility.
4) All facilities shall comply with the rules governing the sanitation of Bed and
Breakfast Homes as specified in 15A NCAC 18A 2200.
5) Signage shall be limited to one home occupation sign or one free standing
sign not to exceed three (3) square feet in area. Either may be directly or
indirectly illuminated.
Boat, motor, and boat trailer sales and service establishments
Building Supply Sales (with storage yard)
1) All outside storage shall be completely screened from view from all streets
and adjacent residentially zoned property.
2) Security fencing of at least six (6) feet in height shall be provided around all
outside storage areas.
3) All storage areas shall be maintained in a manner so as to limit dust from
drifting onto adjoining properties.
4) Lighting for the use shall not have a direct beam of light from outdoor
fixtures, signs or vehicles maneuvering on the site that will shine into any
abutting property located in a residential zoning district or an abutting
residential use. The height limit of any light shall be limited to thirty-five
(35) feet.
4) All exterior lighting shall be turned off, except those that are needed for
security when the use is not in operation.
Campground, RV park (Temporary Occupancy)
1) Property shall be accessed from a street/road maintained and approved by
the North Carolina Department of Transportation and able to serve any
emergency vehicle (s).
2) The park shall have all weather roads and driveways that directly abut all
spaces.
3) Parking space shall be provided to accommodate at least one (1)
automobile and camping vehicle for each camping spaces.
4) A safe, adequate and conveniently located water supply shall be provided
for each park in compliance with applicable regulations.
5) Each park shall provide a sewage disposal/dumping facility, approved by
the Stokes County Environmental Health Department. Any dumping
facility shall be located one hundred (100) feet from any adjoining
property line, structure or campsite.
6) No Class A, B, manufactured home shall be allowed to be set-up or stored
in a recreational park, except for a home being used exclusively for the
park manager or operator dwelling.
Stokes County Zoning Ordinance
74
7) The recreational park may contain a retail sales counter and/or a coin
operated machines for the park residents’ use only, provided they are
completely enclosed within a structure and there is no exterior advertising.
8) Garbage and refuse disposal shall be provided in a permanent dumpster
container (s). Each dumpster shall be enclosed by a wood fence of at least
six (6) feet in height to prevent debris from leaving the containment area.
9) The use shall be of a temporary nature and the same occupant shall not
occupy any campsite, cabin, or vehicle for a period of more than ninety
(90) days.
10) All parking shall be on site in a designated area for that purpose.
Car Wash
1) Building (s) and equipment associated with the use shall have a minimum
setback of a least thirty (30) feet from any side and rear yard when abutting
a residentially zoned property.
2) A minimum six (6) foot high opaque fence shall be placed at any adjoining
residential property.
3) All washing operations shall be contained in a building.
4) Specific areas shall be provided for the manual drying, waxing, polishing
and vacuuming of automobiles and other motor vehicles when these
services are offered on site. These areas shall not conflict with on site
circulation patterns.
5) Hours of operation shall be limited between the hours of 7:00 a.m. and
10:00p.m. when adjoining developed residentially zoned property.
6) Adequate provisions shall be made for the safe and efficient disposal of
waste products.
Cemeteries (For profit)
1) Tombstones, crypts, monuments and mausoleums must be located at least
100 feet from any street right-of-way line or abutting property line.
2) Buildings for maintenance, management, rent and/ or sale of cemetery lots
must conform to building type permitted in the zoning district. The
owners of the property, and their agents, heirs, or assignees shall be
responsible for the continual maintenance and up keep of all facilities and
grounds.
3) The proposed use shall be located on a tract no less than ten (10)
contiguous acres.
Child Care Centers
1) Providing that not less than one-hundred (100) square feet of play area is
provided for each child
2) Provided further said aggregate space is surrounded by a sturdy fence at
least four (4) feet in height, and provided that each establishment is licensed
by the North Carolina Department of Human Resources. (#21)
Amendment #21--Amended May 5, 1986
Churches and their customary accessory uses, but excluding cemeteries.
Stokes County Zoning Ordinance
75
Clubs and lodges, fraternities, sororities and social, civic and other similar
organizations operating on a non-profit basis
Craft, curio, and sporting goods stores
Commercial/Private Outdoor Kennel
1) The outdoor containment of animals shall be at least 100 feet from any
abutting property line.
2) Any outside containment areas shall be screened with a solid fence that is
at a height of no less than six (6) feet.
3) Review and inspection from the Stokes County Animal Control.
Commercial recreation facilities, whether conducted in a building or in the
open
1) All exterior lighting shall be turned off, except those that are needed for
security when the use is not in operation.
2) Lighting for the use shall not have a direct beam of light from outdoor
fixtures, signs or vehicles maneuvering on the site that will shine into any
abutting property located in a residential zoning district or an abutting
residential use. The height limit of any light shall be limited to thirty-five
(35) feet.
Convenience Store (with gasoline pumps)
1) The use shall be separated at least thirty- (30) feet from any residential use
district.
2) Gasoline pumps, canopies (including overhangs), and associated service
areas shall not be allowed in any required setback.
3) Lighting for the use shall not have a direct beam of light from outdoor
fixtures, signs or vehicles maneuvering on the site that will shine into any
abutting property located in a residential zoning district or an abutting
residential use. The height limit of any light shall be limited to thirty-five
(35) feet.
4) All exterior lighting shall be turned off, except those that are needed for
security when the use is not in operation.
5) Lighting for the use shall not have a direct beam of light from outdoor
fixtures, signs or vehicles maneuvering on the site that will shine into any
abutting property located in a residential zoning district or an abutting
residential use. The height limit of any light shall be limited to thirty-five
(35) feet.
6) All lighting under canopies shall be recessed.
7) There shall be no more than six (6) fuel service islands containing no more
than six (6) fuel pumps each per establishment.
8) No outside storage of materials shall be permitted.
9) All storage tanks shall be located at least 100 feet from any exterior
property line.
Convenience Store (without pumps)
Stokes County Zoning Ordinance
76
1) The use shall be separated at least thirty- (30) feet from any residential use
district.
2) Lighting for the use shall not have a direct beam of light from outdoor
fixtures, signs or vehicles maneuvering on the site that will shine into any
abutting property located in a residential zoning district or an abutting
residential use. The height limit of any light shall be limited to thirty-five
(35) feet.
3) All exterior lighting shall be turned off, except those that are needed for
security when the use is not in operation.
4) Lighting for the use shall not have a direct beam of light from outdoor
fixtures, signs or vehicles maneuvering on the site that will shine into any
abutting property located in a residential zoning district or an abutting
residential use. The height limit of any light shall be limited to thirty-five
(35) feet.
5) No outside storage of materials shall be permitted.
6) All storage tanks shall be located at least 100 feet from any exterior
property line.
Contractor’s office and storage yards
1) Provided any storage yards are fenced by a solid fence not less than six (6)
feet in height.
2) No storage shall be allowed in any required setback, and be located at least
twenty (20) feet from any public right-of-way.
Customary accessory uses and structures, excluding, however, open storage.
Driving ranges and accessory uses
1) The use shall be located at least 200 feet from any exterior property line.
2) The use shall be located on tracts that are at least 10 acres.
3) The minimum lot depth from the tees to the end of the driving area shall
be one thousand (1000) feet or the end shall be controlled with netting
and/or berms to prevent golf balls from leaving the property.
4) Fencing, netting, trees, or other control measures shall be provided around
the perimeter of the driving area so as to prevent golf balls from leaving
the driving area.
5) Driveway access to the facility shall be paved and must directly connect to
a road that is maintained the NC DOT. Residential and gravel roads shall
not be allowed for access
Stokes County Zoning Ordinance
77
Essential public safety or public utility facilities, including offices and storage
of vehicles and apparatus on the premises
1) Provided all structure shall be set back at least thirty (30) feet from any
property line
2) All exposed apparatus shall be enclosed by a woven wire fence at least eight
(8) feet in height.
Funeral homes and mortuaries
Funeral Home with Crematorium
1) Must meet all applicable local, state and federal regulations
Fruit stands and produce stands
Golf Courses and Accessory Uses
1) Fencing, netting, trees, or other control measures shall be provided around
the perimeter of the golf course so as to prevent golf balls from leaving the
course area.
2) There shall be a minimum distance of fifty (50) feet between any
clubhouse or other principle building (s) and any adjacent residentially
zoned property.
3) Driveway access to the facility shall be paved and must directly connect to
a road that is maintained the NC DOT. Residential and gravel roads shall
not be allowed for access.
Greenhouses and horticultural nurseries
Grocery and sundries stores
1) Out door lighting associated with the use shall not shine directly into yards
or windows of a residential structure.
2) All exterior lighting shall be turned off, except those that are needed for
security when the use is not in operation.
Limousine Service (Amended 12-2-03)
Mini-Storage Warehouses
1) The maximum height of the building (s) shall be (20) ft.
2) Outside storage shall be limited to non-commercial RV’s and watercraft.
3) Storage of hazardous, toxic, or explosive substances shall be prohibited.
4) No business activity other than rental of storage units shall be conducted on
the premises.
Amended December 6, 2005
Motels and tourist cottages
Real estate sales and rental offices
Repair shops for household appliances and fabricating shops for building
trades
Stokes County Zoning Ordinance
78
1) Provided any storage yards are fenced by a solid fence not less than six (6)
feet in height.
2) No storage shall be allowed in any required setback, and be located at least
twenty (20) feet from any public right-of-way.
Restaurants, including drive-in restaurants
1) Out door lighting associated with the use shall not shine directly into yards
or windows of a residential structure.
2) All exterior lighting shall be turned off, except those that are needed for
security when the use is not in operation.
Retail Sales and Services
Signs, subject to Section 73
Single Family Dwellings
Stables/Riding Academies (Commercial)
1) The use shall be located on a tract of ten (10) acres or larger.
2) All structures and accessory structures shall be located at least 100 feet
from any adjoining property lines.
Truck Stops
1) The minimum area for the use shall be two (2) acres.
2) Lighting for the use shall not have a direct beam of light from outdoor
fixtures, signs or vehicles maneuvering on the site that will shine into any
abutting property located in a residential zoning district or an abutting
residential use. The height limit of any light shall be limited to thirty-five
(35) feet.
3) A minimum six (6) foot high opaque fence shall be placed at any adjoining
residential property.
4) All parking and circulation areas shall be located at least fifty (50) feet from
any adjoining residential property.
5) Building (s) and equipment associated with the use shall have a minimum
setback of a least thirty (30) feet from any side and rear yard when abutting
a residentially zoned property.
6) Gasoline pumps, canopies (including overhangs), and associated service
areas shall not be allowed in any required setback.
7) All lighting under canopies shall be recessed.
8) There shall be no more than two (2) fuel service islands containing no more
than four (4) fuel pumps each per establishment.
9) All exterior lighting shall be turned off, except those that are needed for
security when the use is not in operation.
And those uses permitted in Section 90.1 C-S (Community Shopping) District. (#22)
Stokes County Zoning Ordinance
79
89.2 Conditional Zoning
Adult Oriented Establishment (principal or accessory use) including adult
arcades, adult bookstores or adult video stores, adult cabarets, adult massage
parlors, adult motels, adult motion picture theaters, adult theaters, escort agencies,
or any combination or these uses as defined in NC GS 14.202.10 as amended.
1) The location shall not be located within the following areas:
a) Within 1000 feet of any public or private school
b) Within 1000 feet of any child care center
c) Within 500 feet of any church, chapel, or other publicly recognized
place of worship.
d) Within 500 feet of any park or building used by the public and owned
by a public entity.
e) Within 500 feet of any residential zoning district.
f) Within 1000 feet of any other Adult Establishment.
2) The distance for the separation from the protected uses and adult uses shall
be measured form the closest property line of the building occupied by an
adult establishment to the nearest property line of the protected use.
3) No more than one Adult Establishment shall be located within the same
structure.
4) No non-conforming structure shall be converted for use as an adult
business.
5) No residence, apartment, living quarters, or manufactured home shall be
located on the parcel where an adult business is located.
6) No other principal or accessory use may occupy the same building,
structure, or property within any adult establishment.
7) The entire exterior grounds, including the parking lot, shall be lighted in
such a manner that all areas are clearly visible at all times.
8) Any exterior signage shall conform to the requirements of Article VII
Section 73, and shall not contain depictions of specified sexual activities,
specified anatomical areas, or sexually oriented devices.
9) No loudspeakers or sound equipment shall be used by an adult
establishment for the amplification of sound to a level audible beyond the
walls of the building in which the business is located.
10) No adult establishment shall be operated in any manner that permits the
observation of any persons or material depicting, describing, or related to
specified sexual activities, specified anatomical areas, or sexually oriented
devices inside the premises from any location outside the building or area
of such establishment. This shall apply to any display, decorating, and
sign, show window or other opening.
11) The adult establishment shall not conduct or sponsor any special events,
promotions, festivals, concerts, or similar activities, which would create a
demand for parking spaces beyond the number of spaces, required for the
business.
12) The Stokes County Board of Commissioners or Planning Board may
require any other condition to help ameliorate the impact of the adult
establishment to its surrounding uses.
Stokes County Zoning Ordinance
80
County Governmental Uses (#15)/Board of Commissioners (#16)
Land Clearing / Inert Debris Landfill Minor (Off-site) Commercial
1) Any landfill shall obtain all applicable permits and comply with the
standards of the Stokes County Environmental Health Department and the
State of North Carolina. All approved permits shall be submitted in the
site plan to the Planning Department prior to issuance of the conditional
zoning permit.
2) Driveway access to the facility shall be paved and must directly connect to
a road that is maintained the by NC DOT. Residential and gravel roads
shall not be allowed for access.
3) All driveways which serve the site shall be wide enough to accommodate
two way traffic at all times and an area on the site shall be provided
accommodate vehicles entering the site so that no traffic waiting to enter
the site will be backed up on any public right-of-way.
4) The maximum area of the site shall be limited to two (2) acres.
5) A minor landfill shall be limited to a maximum period of operation of
three (3) years from the date of issuance of the conditional zoning permit.
6) No portion of any such landfill shall be located within 75 feet of any
exterior property line. This includes structures, equipment storage,
parking areas, and fill areas. Access drives may cross this area but not be
placed laterally through this area.
7) The fill area shall be located at least 100 feet from any existing drinking
water well at the time of approval.
8) A fifteen (15) foot evergreen tree buffer shall be retained around the
exterior property line.
9) Vehicular and pedestrian access to the site must be controlled; the site
must be closed and secured during hours of non-operation.
10) Operation of use shall be between the times of 7:00am and 5:00pm,
Monday through Saturday.
11) No filling of any kind is allowed within 100 feet of the regulatory flood
plain or floodway fringe or within any drainage ways.
12) The landfill operator shall be responsible for removal of any and all debris,
dirt, or other materials that fall from vehicles entering or leaving the
landfill from all adjoining streets. Failure to comply shall constitute a
violation of this ordinance and shall constitute grounds for revocation of
the operating permit.
13) A surety bond or irrevocable letter of credit in an amount to be determined
by the County Manager and with consultation with a consulting engineer
shall be provided to ensure that any active landfill area will be closed in an
approved fashion. The amount of the bond will be based upon the
maximum acreage expected to be in use at any given time. No more than
25% of the total area to be filled may be actively used at any one time.
14) A reclamation plan shall be provided to show how the site will be
reclaimed upon the closing of the landfill. Upon closure, a minimum o one
(1) foot of clean soil, graded to maximum slope of three to one (3:1), and
stabilized with vegetation or by other approved means.
Stokes County Zoning Ordinance
81
Land Clearing / Inert Debris Landfill Major (Off-site) Commercial
1) Any landfill shall obtain all applicable permits and comply with the
standards of the Stokes County Environmental Health Department and the
State of North Carolina. All approved permits shall be submitted in the
site plan to the Planning Department prior to issuance of the conditional
zoning permit.
2) Driveway access to the facility shall be paved and must directly connect to
a road that is maintained the by NC DOT. Residential and gravel roads
shall not be allowed for access.
3) All driveways which serve the site shall be wide enough to accommodate
two way traffic at all times and an area on the site shall be provided
accommodate vehicles entering the site so that no traffic waiting to enter
the site will be backed up on any public right-of-way.
4) No portion of any such landfill shall be located within 100 feet of any
exterior property line. This includes structures, equipment storage, and
parking areas. Access drives may cross this area but not be placed
laterally through this area.
5) The fill area shall be located at least 300 feet from any residential district
and any existing drinking water well at the time of approval.
6) A fifteen (15) foot evergreen tree buffer shall be retained around the
exterior property line.
7) Vehicular and pedestrian access to the site must be controlled; the site
must be closed and secured during hours of non-operation.
8) Operation of use shall be between the times of 7:00am and 5:00pm,
Monday through Saturday.
9) The fill area of the site shall be limited to a maximum of 10 acres.
10) No filling of any kind is allowed within 100 feet of the regulatory flood
plain or floodway fringe or within any drainage ways.
11) The landfill operator shall be responsible for removal of any and all debris,
dirt, or other materials that fall from vehicles entering or leaving the
landfill from all adjoining streets. Failure to comply shall constitute a
violation of this ordinance and shall constitute grounds for revocation of
the operating permit.
12) A surety bond or irrevocable letter of credit in an amount to be determined
by the County Manager and with consultation with a consulting engineer
shall be provided to ensure that any active landfill area will be closed in an
approved fashion. The amount of the bond will be based upon the
maximum acreage expected to be in use at any given time. No more than
25% of the total area to be filled may be actively used at any one time.
Stokes County Zoning Ordinance
82
13) A reclamation plan shall be provided to show how the site will be
reclaimed upon the closing of the landfill. Upon closure, a minimum of
one (1) foot of clean soil, graded to maximum slope of three to one (3:1),
and stabilized with vegetation or by other approved means.
Wireless Telecommunication Facilities (See Appendix B)
All those permitted uses and conditionally permitted uses in Section 90.2 C-S
Community Shopping
89.3 Dimensional Requirements
89.3.1 Twenty thousand (20,000) square feet minimum lot area.
89.3.2 One hundred (100) feet minimum mean lot width.
Amendment #15--Amended August 20, 1984
Amendment #16--Amended January 7, 1985
Amendment #22--Amended March 3, 1987
Amendment #23--Amended February 20, 1990
Amendment #28--Amended February 2, 1993
89.3.3 Thirty (30) feet minimum front yard.
89.3.4 Ten (10) feet minimum side yard setback.
89.3.5 Twenty (20) feet minimum rear yard setback.
89.3.6 The total ground area covered by the principal building and all accessory
buildings shall not exceed fifty (50) percent of the total lot area.
89.3.7 No building shall exceed thirty-five (35) feet in height unless the depth of
the front and total width of the side yards required herein shall be increased
by one (1) foot for each two (2) feet, or fraction thereof, of building height
in excess of thirty-five (35) feet.
89.3.8 Buildings constructed or converted to uses permitted in this district shall
provide off-street loading and unloading space as required in Section 75 of
this Ordinance.
89.3.9 Off-street parking space shall be provided as required in Section 74 of this
Ordinance.
Stokes County Zoning Ordinance
83
Section 90 C-S Community Shopping District
The Community Shopping District is established as the district in retail trade and consumer service
uses that serve the community’s and the region’s population needs. It is characterized by clustering
its units unlike highway business where commercial activities are located in individual structures.
90.1 Permitted Uses
Alcoholic beverages, packaged, retail sales.
Automobile parking lots and structures.
Automobile parts and supplies, new.
Bakeries, retail.
Banks and other financial institutions, including loan and financing
companies.
Barber and beauty shops.
Bed and breakfast homes.
1) The Bed and Breakfast Home shall be operated by the landowners, or
their agent who shall reside on the property.
2) The use shall be located in a structure which was originally constructed
as a dwelling.
3) Meals served on the premises shall be only for guests of the facility.
4) All facilities shall comply with the rules governing the sanitation of Bed
and Breakfast Homes as specified in 15A NCAC 18A 2200.
5) Signage shall be limited to one home occupation sign or one free
standing sign not to exceed three (3) square feet in area. Either may be
directly or indirectly illuminated.
Billiard or pool halls.
Bus Stations.
Business colleges, barber and beauty colleges, art schools, music and dance
studios and similar uses, but excluding industrial trade schools.
Catalogue sales.
Cabinet, woodworking and upholstery shops.
Child Care Centers
1) Providing that not less than one hundred (100) square feet of play area
is provided for each child
2) Provided further said aggregate space is surrounded by a sturdy fence at
least four (4) feet in height, and provided that each establishment is
licensed by the North Carolina Department of Human Resources. (#21)
Customary accessory uses and structures.
Dairy bars and ice cream manufacturing for retail sales on the premises
only.
Dry cleaning and laundry pickup stations and dry cleaning plants having not
more than two thousand (2,000) square feet.
Electric repair shops.
Exterminators.
Farm machinery, sales and repairs, provided all open storage areas are
screened
Stokes County Zoning Ordinance
84
From view by a solid fence not less than six (6) feet in height.
Floral shops, but not commercial greenhouses.
Food stores and meat markets, retail only, but excluding the killing or
dressing of any flesh or fowl.
Furriers and fur storage.
Hotels, inns and motels.
Jewelry repair and pawn shops.
Launderettes and Laundromats.
Libraries, museums and art galleries.
Locksmiths and gunsmiths.
Medical and dental clinics and laboratories.
Newspaper offices and printing plants incidental to such offices.
Offices, business, professional and public.
Office supplies and equipment, sales and service.
Opticians and optical goods stores.
Photographic studios and camera supply stores.
Physical culture and reducing salons.
Printing and publishing and reproduction establishments.
Public safety.
Public works and utility facilities, but excluding service and storage yards.
Radio and television repair shops.
Restaurants, including drive-in restaurants
1) Provided such drive-in restaurants are fenced on all sides which abuts
residential districts, except that side which abuts a public street. Such
fences shall be solid from the ground to a height of six (6) feet.
Retail establishments such as department, clothing, fabric, shoe, variety,
notion, drug, hardware, furniture, appliance, floorcovering, paint, antique,
art goods, jewelry, gift, music, toy, sporting goods, book and stationary,
magazine, candy, tobacco, pet and hobby and craft stores, but not excluding
similar retail outlets.
Shoe repairs and shine shops.
Sign, subject to Section 73.
Stamp redemption stores.
Tailor, dressmaking and millinery shops.
Taxicab stands.
Telephone and telegraph offices.
Post Offices (#17)
Theaters, indoor.
90.2 Conditional Zoning
County Governmental Uses (#15)/Board of Commissioners (#16)
Stokes County Zoning Ordinance
85
90.3 Dimensional Requirements
90.3.1 No other yards are required except that where a lot abuts any residential
district there shall be a side yard or rear yard clearance of at least ten (10)
feet. Furthermore, upon any side or rear lot line which abuts a residential
district shall be a densely planted and maintained buffer strip. No such
buffer shall, however, extend nearer to a street right-of-way line than the
established buildings line of the adjoining residential lots, and no buffer
shall be required upon any yard which abuts a public street.
90.3.2 Every building hereafter erected or structurally altered to exceed fifty (50)
feet in height, shall be set back from the front lot line on the ratio of one (1)
foot for each two (2) foot rise above said fifty (50) feet, but in no case shall
the required setback exceed ten (10) feet.
90.3.3 Buildings converted or constructed to commercial use after the effective
date of this Ordinance shall provide off-street loading and unloading berths
as required in Section 75 of this Ordinance.
90.3.4 Off-street parking space shall be provided as required by Section 74 of this
Ordinance.
90.3.5 Buildings erected for both dwelling and business purposes, provided such
buildings shall be furnished with side yards on each side of the building
measuring not less than eight (8) feet in width, provided however that this
regulation shall not apply to the street side of a corner lot.
Stokes County Zoning Ordinance
86
Section 91 M-I Light Manufacturing District
The M-I Light Manufacturing District is established as a district in which the principal use of the
land is for light manufacturing and warehousing uses which normally seek locations on large tracts
of land where the operations involved do not detract from the development potential of nearby
undeveloped properties. A development plan shall be prepared for all uses in the M-1 Light
Manufacturing District and sealed by an Architect, Engineer, or Surveyor licensed in the State of
North Carolina containing the following information:
A. The location, floor plans and general exterior dimensions of main and
accessory buildings.
B. Location, arrangement, and dimensions of truck loading and unloading
spaces and docks.
C. Architectural plans all for proposed buildings
D. Location, design and dimensions of vehicular entrances, exeunt, and drive.
E. Ground cover, streams topography, slopes, banks, and ditches.
F. The location, dimensions, and arrangements of areas to be devoted to
plantings, lawns, trees, and other plants.
G. Location and materials of walls and fences.
H. Specific drainage systems, as it relates to the site and adjoining properties.
I. Location, arrangements and dimensions of automobile, width of aisles,
width of bays, angled parking and sidewalk layouts.
J. The plans for proposed utility layouts, including sanitary sewers, storm
sewers, water distribution lines and electrical service.
K. Plans for refuse disposal equipment and method of refuse disposal such as
compactors or dumpsters.
L. Preliminary sediment control plan. Developer must submit a copy of the
approved sediment control plan prior to development or construction.
M. Delineation of areas to be constructed in phases and sequential order.
N. An analysis of anticipated traffic volume.
O. The plans for proposed utility layouts, including sanitary sewer, storm
sewers, water distribution lines, natural or propane gas lines, telephone and
electrical service (all utilities shall be constructed to local government
body standards, if applicable).
P. Evidence that the North Carolina Department of Transportation has been
made aware of the proposed development and that the developer will
coordinate for the development with this agency.
Q. Or any other requirement the Board may deem necessary
91.1 Permitted Uses
Auction sales, except livestock.
Banks and other financial institutions, including loan and finance
companies.
Barber and beauty shops.
Boat and trailer works and sales.
Building materials storage and sales yards
Stokes County Zoning Ordinance
87
1) Provided all open storage is fenced by a solid fence not less than six
(6) feet in height and not located in any required setback
2) Located at least twenty (20) feet from any public right-of way.
Contractors’ office and storage yards
1) Provided all open storage is fenced by a solid fence not less than six
(6) feet in height and not located in any required setback
2) Located at least twenty (20) feet from any public right-of way.
Electrical supply houses and repair shops
1) Provided all open storage is fenced by a solid fence not less than six
(6) feet in height and not located in any required setback
2) Located at least twenty (20) feet from any public right-of way.
Exterminators
Food stores, fruit stands and produce markets.
Industrial supplies and equipment, sales and service,
1) Provided all open storage is fenced by a solid fence not less than six
(6) feet in height.
Plumbing and heating supply houses, provided all open storage is fenced by
a solid fence not less than six (6) feet in height and not located in any
required setback and be located at least twenty (20) feet from any public
right-of-way.
Public safety facilities such as fire and police stations and rescue squads.
Public works and public utility facilities, including service and storage
yards, provided they are fenced by a solid fence not less than six (6) feet in
height.
Restaurants, including drive-in restaurants.
Service stations, including major repair work, provided that all gasoline
pumps shall be located at least twelve (12) feet behind the property line.
1. No storage of materials, parts, tires or dismantled vehicles shall be
allowed in the primary structure and shall be enclosed by a solid fence
no less than eight (8) feet in height.
2. No storable materials, parts, tires or dismantled vehicles shall be stacked
or placed to reach a height of six (6) feet.
Signs subject to Section 73.
Sign painting and fabricating shops.
91.2 Conditional Zoning
Air Conditioning and heating equipment manufacturing.
Alcohol and alcohol beverages manufacturing.
Amusement, recreational and sporting goods manufacturing.
Apparel and clothing manufacturing, including hosiery.
Automobile parking lots and structures.
Automobile parts and accessories manufacturing.
Bakeries and other establishments manufacturing prepared food products
for wholesale distribution.
Bedding and carpet manufacturing and cleaning establishments.
Belting and brake linings, manufacturing.
Boat and trailer works and sales.
Stokes County Zoning Ordinance
88
Bookbinding.
Bottling works.
Business machines manufacturing.
Cabinet, casket, woodworking and upholstery shops.
Cafeterias and snack bars to serve employees of the industrial concern in
which they are employed.
Candy and confectioneries manufacturing.
Carbon and battery products manufacturing.
Coffee, tea and spices processing.
County Government Uses (#15) Board of Commissioners (# 16)
Customary accessory uses and structures, including open storage, provided
the area devoted to open storage is enclosed by a fence at least six (6) feet
in height.
Dairy products processing and distributing facilities.
Drugs, medicines and cosmetics manufacturing.
Dry cleaning and laundry plants.
Electrical appliances and electronic equipment manufacturing.
Electrical power generation facilities, coal, gas, hydroelectric, solar and
wind.
1) Facilities shall be located on minimum tract of ten (10) acres.
Felt and sandpaper manufacturing.
Flour and feed mills.
Freezer lockers and ice plants.
Furniture manufacturing.
Glass, ceramic and tile manufacturing.
Greenhouses and horticultural nurseries.
Hardware and house wares manufacturing.
Insulation materials and wallboard manufacturing.
Industrial trade schools and research laboratories.
Laboratories for researching and testing of products, the manufacturing or
processing of which is permitted in this district.
Leather products, including luggage and shoe manufacturing.
Light machine tool manufacturing.
Machine and welding shops.
Mini-Storage Warehouses
1) The maximum height of the building (s) shall be (20) ft.
2) Outside storage shall be limited to non-commercial RV’s and watercraft.
3) Storage of hazardous, toxic, or explosive substances shall be prohibited.
4) No business activity other than rental of storage units shall be conducted
on the premises.
Monument works and sales.
Musical instruments manufacturing.
Offices pertaining to any permitted use.
Oilcloth and linoleum manufacturing.
Paper products manufacturing.
Pickle processing.
Plastic products manufacturing.
Pottery, porcelain or vitreous china manufacturing.
Stokes County Zoning Ordinance
89
Precision instruments and jewelry manufacturing.
Printing, engraving and publishing establishments.
Raceways/Drag strips
1) That the proposed use will not endanger the public health and safety,
nor substantially reduce the value of surrounding properties.
2) That the use shall be located on a lot/parcel of at least fifty (50) acres.
3) That vehicular access to the use will be provided only by way of a
North Carolina State Maintained Major/Main thoroughfare.
4) That no direct beams of light from outdoor lighting fixtures, signs, or
vehicle maneuvering on the site will shine into any abutting property
located in a residential district.
5) The site shall be screened from the street and abutting properties by a
masonry wall, or solid wood fence. A twenty (20) foot wide semi-
opaque vegetative screen with an expected height of at least eight (8)
feet at maturity and shall be placed on the exterior of the fence or wall.
If a chain link or similar material is used, the vegetative screen shall be
placed on the interior side of the fence.
6) The use shall have a minimum separation of at least two hundred (200)
feet from any adjoining property line.
7) The hours of operation will be no earlier than 7:00 AM and no later
than 11:00 PM.
Recycling Center
1) Must meet all applicable local, state, and federal regulations.
2) Processing center storage yards are required to be fenced by a solid
fence not less than six (6) feet and not located in any public right-of-
way.
Rodenticides, insecticides and pesticides manufacturing.
Soap, detergent and washing compounds.
Textile and cordage manufacturing.
Tire recapping shops.
Trailer manufacturing.
Trucking terminals.
Vinegar and yeast manufacturing.
Wholesale and warehousing establishments, except for the storage of
dangerous or offensive items such as uncured hides and explosives.
Wholesale storage of gasoline and oil products, including bottled gas and
oxygen.
Windows and doors manufacturing.
Wireless Telecommunication Facilities (See Appendix B)
Amendment #15--Amended August 20, 1984
Amendment #16--Amended January 7, 1985
91.4 Dimensional Requirements
91.4.1 One (1) acre minimum lot area.
Stokes County Zoning Ordinance
90
91.4.2 Two hundred (200) feet minimum mean lot width.
91.4.3 Fifty (50) feet minimum front yard.
91.4.4 Fifteen (15) feet minimum side yard on each side of every principal
building.
91.4.5 Twenty (20) feet minimum required rear yard.
91.4.6 The total ground area covered by the principal building and all accessory
buildings shall not exceed forty (40) percent of the total lot area.
91.4.7 No building shall exceed fifty (50) feet in height unless the depth of the front
and total width of the side yards herein shall be increased by one (1) foot
for each two (2) feet, or fraction thereof, of building height in excess of fifty
(50) feet.
91.4.8 Buildings constructed or converted to uses permitted in this district shall
provide off-street loading and unloading space as required in Section 75 of
this Ordinance.
91.4.9 Off-street parking space shall be provided as required in Section 74 of this
Ordinance.
Stokes County Zoning Ordinance
91
Section 92 Heavy Manufacturing District and Heavy Manufacturing Conditional Zoning
District
The M-2 Heavy Manufacturing District and M-2-CZ Heavy Manufacturing Conditional Zoning
District is designed to accommodate all but the most obnoxious industries. However, it is
expected that industries permitted here by right, as well as those permitted conditionally, will
minimize their emission of smoke, dust, fumes, glare, noise and vibrations. A development plan
shall be prepared for all uses in the M-2 Heavy Manufacturing District or M-2-CZ Heavy
Manufacturing Conditional Zoning District and sealed by an Architect, Engineer, or Surveyor
licensed in the State of North Carolina containing the following information:
A. The location, floor plans and general exterior dimensions of main and
accessory buildings.
B. Location, arrangement, and dimensions of truck loading and unloading
spaces and docks.
C. Architectural plans all for proposed buildings
D. Location, design and dimensions of vehicular entrances, exits, and drives.
E. Ground cover, stream topography, slopes, banks, and ditches.
F. The location, dimensions, and arrangements of areas to be devoted to
plantings, lawns, trees, and other plants.
G. Location and materials of walls and fences.
H. Specific drainage systems, as it relates to the site and adjoining properties.
I. Location, arrangements and dimensions of automobile, width of aisles,
width of bays, angled parking and sidewalk layouts.
J. The plans for proposed utility layouts, including sanitary sewers, storm
sewers, water distribution lines and electrical service.
K. Plans for refuse disposal equipment and method of refuse disposal such as
compactors or dumpsters.
L. Preliminary sediment control plan. Developer must submit a copy of the
approved sediment control plan prior to development or construction.
M. Delineation of areas to be constructed in phases and sequential order.
N. An analysis of anticipated traffic volume.
O. The plans for proposed utility layouts, including sanitary sewer, storm
sewers, water distribution lines, natural or propane gas lines, telephone and
electrical service (all utilities shall be constructed to local government
body standards, if applicable).
P. Evidence that the North Carolina Department of Transportation has been
made aware of the proposed development and that the developer will
coordinate for the development with this agency.
Q. Or any other requirement the Boards may deem necessary.
Stokes County Zoning Ordinance
92
92.1 Permitted Uses
All permitted and conditional zoning uses permitted in the M-1 Light
Manufacturing District.
Animal hospitals.
Automobile repair garages, including body works, but excluding open
storage of wrecked cars unless a solid fence at least six (6) feet in height
encloses them.
1) No storage of materials, parts, tires or dismantled vehicles shall be
allowed in the front yard of any vehicle repair/service garage.
2) Storage of all materials, parts, tires and dismantled vehicles shall be in
the rear of the primary structure and shall be enclosed by a solid fence
no less than eight (8) feet in height.
3) No storable materials, parts, tires or dismantled vehicles shall be stacked
or placed to reach a height of six (6) feet.
Circuses, carnivals and fairs.
Coal and wood yards, pole treating plants.
Contractors’ offices and storage yards.
1) Provided any storage yards are fenced by a solid fence not less than six
(6) feet in height.
2) No storage shall be allowed in any required setback, and be located at
least twenty (20) feet from any public right-of-way.
Motorcycle, lawnmower, and power saw sales and service.
Plating works.
Public works and public facilities, including service and storage yards.
Rubber products manufacturing.
Sheet metal, roofing, plumbing, heating and refrigeration shops.
Stokes County Zoning Ordinance
93
92.2 Conditional Zoning
Airports/Landing facility
Automobile wrecking yards or junk yards and similar types of used material
industries when conducted within a structure or on a lot enclosed by a solid
fence at least six (6) feet in height, and provided further that the Board of
Commissioners finds that such wrecking yard or used material industry will
have no injurious effect on the public interest or welfare.
Brick, tile and pottery yards.
Building materials and specialties manufacturing.
Chemical manufacturing, household or industrial.
Coal and wood yards, pole treating plants.
Concrete and asphalt products plants.
County Governmental Uses (#15)/Board of Commissioners (#16)
Amendment #15--Amended August 20, 1984
Amendment #16--Amended January 7, 1985
Customary accessory uses and structures including open storage.
Environmentally sensitive uses not expressly permitted
Farm machinery assembly, sales and repairs.
Feed and seed stores and hatcheries.
Fertilizer manufacturing and sales.
Foundries producing iron, steel, copper, brass and aluminum products.
Livestock sale barn.
Machine tool manufacturing.
Manufacturing uses not otherwise named herein, provided no use shall be
permitted in this district which is likely to be dangerous or detrimental to
the health, safety, welfare, or general character of this zoning district or of
the community.
Meatpacking and poultry processing plants.
Metal fabricating plants, including boiler and tank works.
Stokes County Zoning Ordinance
94
Mining and Quarrying Operations, provided:
1) Buffer strips shall be provided. Furthermore, all mine openings and
quarries shall be enclosed by a cyclone-type fence not less than eight (8)
feet in height and located not less than ten (10) feet from the excavation
edge wherever in the judgment of the Zoning Enforcement Officer says
shall be necessary for safety.
2) Blasting operations shall be conducted only between the hours of 8 A.M.
and 6 P.M. Furthermore, all blasting, drilling, and other sources of
noise, vibrations, flying debris, and dust shall be conducted in such a
way as to cause the minimum nuisance or hazard to adjacent or
neighboring properties at any time.
3) The proposed use will not endanger the public health and safety, nor
substantially reduce the value or nearby property.
4) The quarry and all its buildings, pits and processing equipment will be
separated by a 300 foot buffer from the street and from any adjacent
property.
5) The use and all its buildings, pits, and processing equipment shall be
provided with an opaque screen to shield the view from the public street
and from all abutting properties as deemed necessary by the Boards.
6) Access to the quarry shall be from a state maintained road and be
approved by the NC Department of Transportation.
7) A copy of the reclamation plan shall be submitted to the Planning
Department Upon termination of mining/quarrying operation.
8) All applicable permits shall be obtained and comply with all the
standards of the Stokes County Environmental Health Department and
the State of North Carolina. A copy of approved permits and subsequent
amendments shall be provided to the Planning Department.
Raceways/Drag strips
1) That the proposed use will not endanger the public health and safety,
nor substantially reduce the value of surrounding properties.
2) That the use shall be located on a lot/parcel of at least fifty (50) acres.
3) That vehicular access to the use will be provided only by way of a
North Carolina State Maintained Major/Main thoroughfare.
4) That no direct beams of light from outdoor lighting fixtures, signs, or
vehicle maneuvering on the site will shine into any abutting property
located in a residential district.
5) The site shall be screened from the street and abutting properties by a
masonry wall, or solid wood fence. A twenty (20) foot wide semi-
opaque vegetative screen with an expected height of at least eight (8)
feet at maturity and shall be placed on the exterior of the fence or wall.
If a chain link or similar material is used, the vegetative screen shall be
placed on the interior side of the fence.
6) The site shall be screened from the street and abutting properties by a
masonry wall, or solid wood fence. A twenty (20) foot wide semi-
opaque vegetative screen with an expected height of at least eight (8)
feet at maturity and shall be placed on the exterior of the fence or wall.
If a chain link or similar material is used, the vegetative screen shall be
placed on the interior side of the fence.
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7) The use shall have a minimum separation of at least two hundred (200)
feet from any adjoining property line.
8) The hours of operation will be no earlier than 7:00 AM and no later
than 11:00 PM.
Sawmills, planing mills pallet and basket factories.
Wireless Telecommunication Facilities (See Appendix B)
92.4 Dimensional Requirements
92.4.1 No building shall be less than forty (40) feet from the right-of-way line of a
street or highway. No other yards are required except that where the rear of
a lot abuts a residential district there shall be a twenty-five (25) foot rear
yard clearance and where a lot abuts a side yard of a lot zoned residential
there shall be a side yard clearance of a least fifteen (15) feet. In cases where
a side yard, not required, is provided, it shall be at least eight (8) feet in
width.
92.4.2 Buildings constructed or converted to uses permitted in this district shall
provide off-street loading and unloading space as required in Section 75 of
this Ordinance.
92.4.3 Off-street parking space shall be provided as required in Section 74 of this
Ordinance.
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Section 93 Floodplain District
The floodplain district is established: (a) to protect the water-carrying capacity of floodways, and
the water-storage capacity of floodway fringe areas during floods, by preventing obstructions; (b)
to protect the public health and safety and to prevent loss or damage to homes or other property
which might be caused by water, mud, or waterborne debris; and (c) to permit an acceptable use
of land in relation to the hazards involved by permitting the construction of buildings in floodways
and floodway fringe areas under specific, protected conditions.
93.1 Creation of Floodway and Floodway Fringe Districts
The official zoning map of Stokes County shall show a floodplain district, which
shall consist of a floodway area and a floodway fringe area. In areas presently
zoned, the floodplain district shall be superimposed upon other use districts. The
existing use district will determine the type of land useresidential, commercial,
or industrialwhile the floodway and floodway fringe areas will specify the
conditions that buildings and other structures must meet to protect the water-
carrying capacity of floodways and the water-storage capacity of floodway fringe
areas during flood periods.
93.2 District Boundaries
The boundaries of the floodway and floodway fringe areas have been established
from the most recent information provided by the Federal Emergency Management
Agency.
93.3 General Standards
In the floodplain the following provisions are required:
a. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure.
b. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
c. All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage.
d. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharges from
the systems into flood waters.
e. New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharges from
the systems into flood waters.
f. Onsite waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
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93.4 Flood Fringe Areas
In the flood fringe areas where base flood elevation data has been provided, the
following provisions are required. (Until the base flood elevation are precisely
defined, only reasonable estimates need to be followed.)
a. Residential Construction - New construction or substantial improvement of any
residential structures shall have the lowest floor, including basement, elevated
to or above base flood elevation.
b. Non-residential Construction - New construction or substantial improvements
of any commercial, industrial or other non-residential structure shall either have
the lowest flood, including basement, elevated to the level of the base flood
elevation, or together with attendant utility and sanitary facilities, be flood-
proofed so that below the base flood level the structure is water tight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
c. Mobile Homes - All mobile homes shall be anchored to resist flotation, collapse,
or lateral movement by providing over-the-top and frame ties to ground
anchors. Specific requirements shall be: (1) over-the-top ties at each corner of
a mobile home, with two additional ties per side at intermediate locations and
mobile homes less than 50 feet long shall need only one tie per side; (2) frame
ties shall be provided at each corner of the home with five additional ties per
side at intermediate points and mobile homes less than 50 feet long shall require
only four additional ties per side; (3) and all components of the anchoring
system shall have a capability of carrying a force of 4,800 pounds.
For new mobile home parks and subdivisions, for expansions to existing mobile
home parks and subdivisions; for existing mobile home parks and subdivisions
where the repair, reconstruction, or improvement of the streets, utilities and pads
equals or exceeds 50 percent (50%) of value of the streets, utilities, and pads before
the repair, reconstruction or improvements has commenced; and for mobile homes
not placed in a mobile home park or subdivision require: (1) stands or lots are
elevated on compacted fill or on pillage so that the lowest floor of the mobile home
will be at or above the base flood level; (2) adequate surface drainage and access
for a hauler; (3) and in the instance of elevation on pilings lots are large enough to
permit steps and piling foundations are placed in stable soil no more than ten feet
apart and reinforcement is provided for pilings more than six feet above the ground
level.
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93.5 Floodway Areas
a. All encroachment, including fill, new construction, substantial improvements
and other development are prohibited, unless certification by a professional
registered engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during occurrence of the base
flood discharge.
b. If subsection (a) is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of Section
93.
c. The placement of mobile homes is prohibited, except in an existing mobile
home park or existing mobile home subdivision.
93.6 Conditional Zoning
County Governmental Uses
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ARTICLE IX
Exceptions and Modifications
Section 94 Substandard Lots
Where the owner of a lot of official record in any residential district at the time of the adoption of
this Ordinance or his successor in title thereto does not own sufficient contiguous land to enable
him to conform to the minimum lot size requirements of this Ordinance, such a lot may be used as
a residential building site, provided, however, that the requirements of the district are complied
with or a variance is obtained from the Board of Adjustment.
Notwithstanding the foregoing, whenever two (2) or more adjoining vacant lots of record are in
single ownership at any time after the adoption of this Ordinance and such lots individually have
less area or width than the minimum requirements of the district in which such lots are located,
such lots shall be considered as a single lot or several lots which meet the minimum requirements
of this Ordinance for the district in which such lots are located.
Lots of record that are twenty thousand (20,000) square feet or larger shall be exempt from
recombination requirements.
Section 95 Front Yard Setbacks for Dwellings
The front yard setback requirements of this Ordinance for dwellings shall not apply to any lot
where the average setback of existing buildings located wholly or partially within one hundred
(100) feet on either side of the proposed dwelling and on the same side of the street in the same
block and use district as such lot is less than the minimum required front yard depth. In such case
the setback on such lots may be less than the required setback but not less than the average of the
existing setbacks on the aforementioned lots, or a distance of ten (10) feet from the street right-of-
way, whichever is greater.
Amendment # --Amended March 7, 1995
Section 96 Height Limitations
The height limitations of this Ordinance shall not apply to church spires, belfries, cupolas, and
domes not intended for human occupancy; monuments, water towers, observation towers,
transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, television
towers, masts, aerials and similar structures, except as otherwise provided in the vicinity of
airports.
Section 97 Visibility at Intersections
On a corner lot in any residential district no planting, structure, sign, fence, wall or obstruction to
vision more than three (3) feet in height measured from the center line of the street or road shall
be placed or maintained within the triangular area formed by the intersecting street or road right-
of-way lines and a straight line connecting points on said street or road right-of-way lines each of
which is thirty-five (35) feet distant from the point of intersection.
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100
Section 98 Fences in Residential Zones
In any residential district, fences or walls may be erected in a required front, side, or rear yard
adjacent to a lot line.
Section 99 Group Development
This section has been deleted from ordinance.
Section 100 Planned Unit Development
Conditional Zoning District
Ingenuity, imagination and design efforts on the part of builders, architects, site planners and
developers can produce residential developments which are in keeping with overall land use
intensity and open space objectives while departing from the strict application of use, setback,
height and minimum lot size requirements of several zones. The intent of this Section is to permit
such flexibility and provide performance criteria for Planned Residential Development which:
permits a creative approach to the development of residential land; accomplish a more desirable
environment than would be possible through the strict application of minimum requirements of the
Zoning Ordinance; provide for an efficient use of lower housing costs; enhance the appearance of
neighborhoods through preservation of natural features, the provision of underground utilities
where feasible and the provision of recreation areas and open space in excess of existing zoning
and subdivision requirements; provide an opportunity for new approaches to living environment;
and provide an environment of stable character compatible with surrounding residential areas.
100.1 Voluntary Alternate Procedure
The use of the Planned Residential Development procedures contained herein is not
mandatory for the development of any parcel of ground. The intent and purpose of
this process is to provide a voluntary alternate procedure which maximizes the
utilization of land primarily for the benefit, use and enjoyment of the future
residents of that area and the existing residents of Stokes County. In a Planned
Residential Development, open space and common recreational areas and facilities
are the environment and livability benefits furnished to the resident and the
community in lieu of large individual lots.
100.2 Location
Planned Residential Developments are permitted in any residential zone requiring
a lot size of ten thousand (10,000) square feet or more.
100.3 Principles of Planned Residential Development
The Planned Residential Development is a permitted use 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 land must be an essential and
important element of the plan related to effecting a long-term value of the entire
development.
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100.4 Standards and Criteria
Subject to the provisions set forth herein, Planned Residential Developments are
permitted uses on sites consisting of no less than forty (40) contiguous acres.
100.4.1 Residential Uses
Permitted land use requirements of the zone within which a Planned
Residential Development is located shall apply, with the following
exceptions: (1) open space reservations may be considered for
population density and building intensity increases; (2) permitted types
of dwelling units may include single-family detached homes, town
houses, garden apartments or high rise apartments; (3) condominium,
cooperative, individual, municipal or any other type of ownership
hereby is permitted.
100.4.2 Non-Residential Uses
Non-residential uses, limited to those permitted by the Zoning
Ordinance, are permitted in a Planned Residential Development
provided that such uses primarily are for the service and convenience to
the residents of the development and further provided that:
(a) No store shall exceed ten thousand (10,000) square feet of gross
floor area; and
(b) The total mercantile and office space permitted within a Planned
Residential Development shall not exceed forty (40) square feet of
gross floor area under roof per dwelling unit in the development,
excluding in such computation buildings used for educational,
recreational or cultural purposes.
100.4.3 Minimum Requirements
(a) Yard, setback, lot size, typing of dwelling unit, height frontage
requirements, and use restrictions hereby are waived for the Planned
Residential Development, provided that the spirit and intent of this
Section are complied with in the total development plan, as
determined by the Planning Board. The Planning Board may
determine that certain setbacks be required within all or a portion of
the perimeter of the site, and shall exercise ultimate discretion as to
whether the total development plan does comply with the spirit and
intent of this Section.
(b) Every dwelling unit either shall have access to a public street,
walkway or other area dedicated to common use.
(c) The approximate location of structures, shown on the conceptual
development plan, shall be so arranged as not to be detrimental to
existing or other proposed structures or to the development of the
neighborhood.
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100.4.4 Privacy
Each development shall provide reasonable visual and acoustical
privacy for dwelling units. Fences, insulation, walks, barriers, and
landscaping shall be used, as appropriate, for the protection and
aesthetic enhancement of property and the privacy of its occupants,
screening of objectionable views, or uses and reduction of noise.
High-rise buildings shall be located within a Planned Residential
Development in such a way as to dissipate any adverse impact on
adjoining low-rise buildings and shall not invade the privacy of the
occupants of such low-rise buildings.
100.4.5 Perimeter Requirements
If topographical or other barriers within two hundred (200) feet of the
perimeter of the development do not provide reasonable privacy for
existing uses adjacent to the development, the Planning Board shall
impose either of the following requirements:
(a) Structures located on the perimeter of the development must be set
back in accordance with the provisions of the Zoning Ordinance, if
adopted, controlling the area within which the development is situated;
and
(b) Structures located on the perimeter of the development must be
well screened in a manner, which is approved by the Planning Board.
100.4.6 Sidewalks
Sidewalks shall be provided as deemed necessary by the Planning
Board.
100.4.7 Density
Density (dwelling units per acre) may be increased if the character of
the development and/or amenities incorporated in the development
warrant such increases provided that in no case shall the density increase
cause the density of the Planned Residential Development to be more
than thirty-three percent (33%) in excess of the density which would be
achieved under standard zoning regulations.
The Planning Board shall determine the density which may be
constructed within the Planned Residential Development by dividing the
gross project area minus fifteen percent (15%) of the total for roadways
by the required lot area per dwelling unit which is required in the zone
in which the Planned Residential Development is located, and modified
by any increases in density permitted under Subsection 100.4.9 of this
Ordinance.
100.4.8 Planned Residential Development in More than One Zone
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If the Planned Residential Development is in more than one zone, the
number of allowable dwelling units must be separately calculated for
each portion of the planned development that is in a separate zone, and
must then be combined to determine the number of dwelling units
allowable in the entire Planned Residential Development.
100.4.9 Density Increases
Density increases shall be governed by the precepts listed below, which
are to be treated as additive, and not compounded.
These increases do not apply where the average cross slope is sixteen
percent (16%) or greater.
Open space reservation shall be considered for density increases
according to the following provisions:
FOR UNIMPROVED COMMON OPEN SPACE
(a) Maximum increase of six percent (6%) for first acre of open space per
twenty (20) acres gross of development.
(b) Maximum increase of three percent (3%) for second acre of open space
per twenty (20) acres gross of development.
(c) Maximum increase of two percent (2%) for each additional acre of open
space per twenty (20) acres gross of development for the total Planned
Residential Development.
FOR IMPROVED OPEN SPACE
(a) Maximum increase of eight percent (8%) for first acre of improved open
space per twenty (20) acres gross of development.
(b) Maximum increase of four percent (4%) for second acre of improved
open space per twenty (20) acres gross of development.
(c) Maximum increase of three percent (3%) of each additional acre of
improved open space per twenty (20) acres gross of development for the
total Planned Residential Development.
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CHARACTER, IDENTIFY, ARCHITECTURE AND SITING
Variation incorporated in a development shall be considered cause for density
increases not to exceed fifteen percent (15%), providing these factors make a
substantial contribution to the objectives of a Planned Residential
Development. The degree of distinctiveness and the desirable variation
achieved shall govern the amount of density increase which the Planning Board
may approve. Such variations may include, but are not limited to, the
following:
(a) Landscaping [a maximum increase of five percent (5%)], streetscape,
open spaces and plazas, use of existing landscape, pedestrian way
treatment, and recreational areas.
(b) Siting [a maximum increase of five percent (5%)], visual focal points,
use of existing physical features such as topography, view, sun and wind
orientation, circulation pattern, physical environment, variation in
building setbacks, and building groups such as clustering.
(c) Design features [a maximum increase of five percent (5%)], street
sections, architectural styles, harmonious use of materials, parking areas
broken by landscape features and varied use of house types.
WHEN DENSITY INCREASE IS NOT PERMITTED
If the Planning Board finds that any of the following conditions would be
created by an increase in density permitted in Subsection 96.52, it may either
deny any application for increase in density, or limit the increase in density by
an amount sufficient to avoid the creation of any of the following conditions:
(a) Inconvenient or unsafe access to the development.
(b) Traffic congestion in streets adjoining the development.
(c) An excessive burden imposed on parks, recreational areas, schools, and
other public facilities which serve or are proposed to serve the
development.
100.5 Utility and Continuity for Common Use
All common open space proposed for dedication to Stokes County must be
acceptable to it with regard to the size, shape, location, and improvement. In
addition, the applicant must show that the dedication of such areas as common open
space will be of benefit to the general public of Stokes County.
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100.6 Improvements
100.6.1 Circulation Facilities
The arrangement of public and common ways for pedestrian and
vehicular circulation in relation to other existing or planned streets in the
area, together with provisions for street improvements, shall be in
compliance with standards set forth in Stokes County Subdivision
Regulations. Upon application by the developer and good cause shown,
the Planning Board may permit changes or alterations of such standards
which are consistent with the spirit and intent of this Section.
100.6.2 Utilities
Whenever reasonably possible, all Planned Residential Developments
shall provide for underground installation of utilities (including electricity
and telephone) in both public ways and private extensions thereof.
Provisions shall be made for acceptable design and construction of storm
sewer facilities including grading, gutters, piping, and treatment of turf to
handle storm waters, prevent erosion and the formation of dust. Utilities
and maintenance of facilities shall be in accordance with the requirements
and regulations of the appropriate municipal authority having jurisdiction
thereof. A Planned Residential Development application shall not be
approved unless adequate assurance is given that public or quasi-public
water and sanitary sewer service will be available, except that upon
application by the developer and good cause shown, the Planning Board
may modify or waive this requirement provided such action is consistent
with the spirit and intent of this Section.
100.6.3 Pedestrian Circulation
The pedestrian circulation system and its related walkways shall be
insulated as completely and as reasonably as possible from the vehicular
street system in order to provide separation of pedestrian and vehicular
movement. This shall include when deemed to be necessary by the
Planning Board, pedestrian underpass or overpass in the vicinity of
schools, playgrounds, local shopping areas, and other neighborhood uses
which generate a considerable amount of pedestrian traffic.
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100.7 PUD Review
It is the intent of this regulation that review under applicable County codes and
ordinances be carried out as an integral part of the review of a Planned Residential
Development under this Section. The plans required under this Section must be
submitted in a form, which substantially will satisfy requirements of the County
codes and ordinances for the preliminary and final plan approvals.
However, if any provisions of this Section are in conflict, the more restrictive or
detailed requirements shall be met, unless specifically waived or altered by the
Planning Board.
It is the intent of this Section to permit the submission of subdivision applications
for the whole, a part, or parts of the overall Planned Residential Development
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ARTICLE X
Administration and Enforcement
Section 101 Zoning Enforcement Officer
The County Commissioners shall appoint an administrative officer to enforce this Ordinance. The
assistance of other persons may be provided as the County Commissioners may direct.
If the Zoning Enforcement Officer finds that any of the provisions of this Ordinance are being
violated, he shall notify in writing the person responsible for such violations, indicating the nature
of the violation and ordering the action necessary to correct it. He shall order discontinuance of
the illegal use of land, buildings, or structures; removal of illegal buildings or structures or of
additions, alterations or structural changes thereto; discontinuance of any illegal work being done
or shall take any other action authorized by this Ordinance to insure compliance with or to prevent
violation of its provisions.
If a ruling of the Zoning Enforcement Officer is questioned, the aggrieved party or parties may
appeal such ruling to the Board of Adjustment.
Section 102 Certification of Zoning Compliance Required
No building, sign or other structure shall be erected, moved, added to, or structurally altered until
a certificate of a zoning compliance shall be issued except in conformity with the provisions of this
Ordinance except after written order from the Board of Adjustment.
Section 103 Application for Certificate of Zoning Compliance
All applications for certificate of zoning compliance shall be accompanied by two (2) sets of plans
showing the dimensions and shape of the parcel to be built upon, the exact sizes, uses and locations
of the parcel or buildings already existing, if any, and the location and dimensions of the proposed
building or alterations. The application shall include a Zoning Permit/Certificate of Occupancy
fee of thirty dollars ($30.00) (#1) and such other information as may be necessary to determine
conformance with and provide for the enforcement of this Ordinance.
Amendment #1--Amended June 20, 1983
Section 104 Health Department Approval of Water Supply and Sewage Disposal
Facilities
The Zoning Enforcement Officer shall not issue a Certificate of Zoning Compliance for any use,
building or purpose proposed for location outside of any incorporated municipality without written
approval of any and all needed or proposed water supply and sewage disposal facilities from the
County Sanitarian. Issuance and use of a Certificate of Zoning Compliance shall be subject to all
terms and qualifications imposed by the County Sanitarian.
Section 105 Certificate of Occupancy Required
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A Certificate of Occupancy issued by the Zoning Enforcement Officer is required in advance of:
105.1 Occupancy or use of a building hereafter erected, altered or moved.
105.2 Change of use of any building or land.
A Certificate of Occupancy, either for the whole or a part of a building shall be
applied for coincident with the application for a Certificate of Zoning Compliance
and shall be issued within ten (10) days after the erection or structural alteration of
such building, or part, shall have been completed in conformity with the
provisions of this Ordinance. A Certificate of Occupancy shall not be issued
unless the proposed use of a building or land conforms to the application
provisions of this Ordinance. If the Certificate of Occupancy is denied, the
Zoning Enforcement Officer shall state in writing the reasons for refusal and the
applicant shall be notified of the refusal. A record of all certificates shall be kept
on file in the office of the Zoning Enforcement Officer and copies shall be
furnished upon request to any person having a proprietary or tenancy interest in
the building or land involved.
Section 106 Remedies Available
In case any building is erected, constructed, reconstructed, altered, repaired, converted or
maintained, or any building or land is used in violation of this Ordinance, the Zoning Enforcement
Officer or any other appropriate county authority, or any person who would be damaged by such
violation, in addition to other remedies, may institute an action for injunction, or mandamus, or
other appropriate action or proceeding to prevent such violation.
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ARTICLE XI
Board of Adjustment
Section 110 Establishment of Board of Adjustment
A Board of Adjustment is hereby established. Said board shall consist of five (5) members.
Members of the Board shall be appointed by the Board of County Commissioners. Initial terms of
office shall be as follows: One (1) member appointed for a term of one (1) year; two (2) members
appointed for terms of two (2) years; and two (2) members appointed for terms of three (3) years.
Upon completion of the initial term of office for each member, all additional appointments to
vacancies on the board shall be for three (3) year terms. The members of the Board of Adjustment
shall be residents of the County.
The Board of County Commissioners shall also appoint two (2) alternate members to serve on the
Board of Adjustment in the absence of any regular members. Such alternate members shall be
appointed for three (3) year terms provided, however, that in the case of the first appointment of
alternate members, one (1) shall be appointed for a three (3) year term and one (1) shall be
appointed for a two (2) year term. Such alternate members while attending any regular or special
meeting of the Board and serving in the absence of any regular member shall have and exercise all
the powers and duties of such regular members so absent.
Section 111 Proceedings of the Board of Adjustment
111.1 The Board shall elect a chairman and vice-chairman from among its
members, who in turn will appoint a secretary and such other subordinates
as may be authorized by the Board of County Commissioners. Meetings of
the Board shall be held at the call of the Chairman and at such other times
as the Board may determine. Such Chairman, or in his absence, the Vice-
Chairman may administer oaths. (#10) All meetings of the Board shall be
open to the public. The Board shall keep minutes of its proceedings,
showing the vote of each member upon every question, or if absent or failing
to vote, indicating such fact, and also keep records of its examinations and
other official action. All proceedings and actions taken by the Board of
Adjustment shall be in accordance with NCGS 160D-705
Amendment #10--Deleted February 6, 1984
(Amended 6-1-21)
111.2 Board of Adjustment Voting
The concurring vote of four-fifths of the board shall be necessary to grant a
variance. A majority of the members shall be required to decide any other
quasi-judicial matter or to determine an appeal made in the nature of
certiorari. For the purposes of the subsection, vacant positions on the board
and members who are disqualified from voting on a quasi-judicial matter
shall not be considered “members of the board” for calculation of the
requisite supermajority majority if there are no qualified alternates available
to take the place of such member. A member of the board or any other
exercising quasi-judicial functions pursuant to this section shall not
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participate in or vote on any quasi-judicial matter in manner that would
violate affected persons’ constitutional right to an impartial decision maker.
Impermissible conflicts include, but are not limited to, a member having a
fixed opinion prior to hearing the matter that is not susceptible to change,
undisclosed ex parte communications, a close familial, business, or other
associational relationship with an affected person, or a financial interest in
the outcome of the matter. If an objection is raised to a member’s
participation and that member does not recuse himself or herself, the
remaining members shall by majority vote rule on the objection.
111.3 Appeals
The Board of Adjustment shall hear and decide appeals decisions of
administrative officials charged with enforcement of the zoning or unified
development ordinance and may hear appeals arising out of any other
ordinance that regulates land use or development, pursuant to all of the
following:
1. Any person who has standing under G.S. 160D-1402 or the county
may appeal a decision to the Board of Adjustment. An appeal is
taken by filing a notice of appeal with the clerk to the Board of
Commissioners. The notice of appeal shall state the grounds for the
appeal. (Amended 6-1-21)
2. The official who made the decision shall give written notice to the
owner of the property that is the subject of the decision and to the
party who sought the decision, if different from the owner. The
written notice shall be delivered by personal delivery, electronic
mail, or by first-class mail.
3. The owner or other party shall have 30 days from receipt of the
written notice within which to file an appeal. Any other person with
standing to appeal shall have 30 days from receipt from any source
of actual or constructive notice of the decision within which to file
an appeal.
4. The official who made the decision shall transmit to the board all
documents and exhibits constituting the record upon which the
action appealed from is taken. The official shall also provide a copy
of the record to the appellant and to the owner of the property that is
the subject of the appeal if the appellant is not the owner.
5. An appeal of a notice of violation or other enforcement order stays
enforcement of the action appealed from unless the official who
made the decision certifies to the Board of Adjustment after notice
of appeal has been filed that because of the facts stated in an
affidavit, a stay would cause imminent peril to life or property or
because the violation is transitory in nature, a stay would seriously
interfere with enforcement of the ordinance. In that case,
enforcement proceedings shall not be stayed except by a restraining
order, which may be granted by a court. If enforcement proceedings
are not stayed, the appellant may file with the official a request for
an expedited hearing of the appeal, and the Board of Adjustment
shall meet to hear the appeal within 15 days after such a request is
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filed. Notwithstanding the foregoing, appeals of decisions granting
a permit or otherwise affirming that a proposed use of property is
consistent with the ordinance shall not stay the further review of an
application for permits or permissions to use such property; in these
situations the appellant may request and the board may grant a stay
of a final decision of permit applications or building permits affected
by the issue being appealed.
6. Subject to the provisions of subdivision (6) of this subsection, the
Board of Adjustment shall hear and decide the appeal within a
reasonable time.
7. The official who made the decision shall be present at the hearing as
a witness. The appellant shall not be limited at the hearing to matters
stated in the notice of appeal. If any party or the city would be unduly
prejudiced by the presentation of matters not presented in the notice
of appeal, the board shall continue the hearing. The Board of
Adjustment may reverse or affirm, wholly or partly, or may modify
the decision appealed from and shall make any order, requirement,
decision, or determination that ought to be made. The board shall
have all the powers of the official who made the decision.
8. When hearing an appeal pursuant to G.S. 160D-1402 or any other
appeal in the nature of certiorari, the hearing shall be based on the
record below and the scope of review shall be as provided in G.S.
106A-393(k). (Amended 6-1-21)
9. The parties to an appeal that has been made under the subsection may
agree to mediation or other forms of alternative dispute resolution.
The ordinance may set standards and procedures to facilitate and
manage such voluntary alternative dispute resolution.
111.4 Notice of Hearing
Notice of hearing conducted pursuant to this section shall be mailed to the
person or entity whose appeal, application, or request is the subject of the
hearing; to the owner of the property that is subject of the hearing if the
owner did not initiate the hearing; to the owners of all parcels of land
abutting the parcel of land that is the subject of the hearing; and to any other
persons entitled to receive notice as provided by the zoning or unified
development ordinance. In the absence of evidence to the contrary, the city
may rely on the county tax listing to determine owners of property entitled
to mailed notice. The notice must be deposited in the mail at least 10 days,
but not more than 25 days, prior to the date of the hearing. Within that same
time period the city shall also prominently post a notice of the hearing on
the site that is subject of the hearing or on an adjacent street or highway
right-of-way.
Section 112 Powers and Duties of the Board of Adjustment
The Zoning Board of Adjustment shall have the following powers and duties:
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112.1 Administrative Review
To hear and decide appeals of decisions or determination made by the
Zoning Enforcement officer in the enforcement of this Ordinance.
112.2 Conditional Uses
To hear and decide Conditional Use applications in accordance with the
standards and conditions specified in this ordinance. When deciding on
Conditional Use permits the Board of Adjustment shall follow quasi-
judicial procedures. The Board may impose reasonable and appropriate
conditions and safeguards on Conditional Use permits. Notice of hearings
on Conditional Use permits shall follow statutory requirements. A
majority vote shall be required to issue a Conditional Use permit.
112.3 Variances
When unnecessary hardships would result from carrying out the strict
letter of the zoning ordinance, the Board of Adjustment shall vary any of
the provisions of the ordinance upon a showing of all of the following:
a. Unnecessary hardship would result from the strict application
of the ordinance. It shall not be necessary to demonstrate that
in the absence of the variance, no reasonable use can be made
of the property.
b. The hardship results from conditions that are peculiar to the
property, such as location, size or topography. Hardships
resulting from personal circumstances, as well as hardships
resulting from conditions that are common to the
neighborhood or the general public, may not be the basis for
granting a variance. A variance may be granted when
necessary and appropriate to make reasonable accommodation
under Federal Fair Housing Act for a person with a disability.
(Reference) 160D-705 (d) (2). (Amended 6-1-21)
c. The hardship did not result from actions taken by the applicant
or the property owner. The act of purchasing property with
knowledge that circumstances exist that may justify the
granting of a variance shall not be regarded as a self-created
hardship.
d. The requested variance is consistent with the spirit, purpose
and the in tenet of the ordinance, such that public safety is
secured, and substantial justice is achieved.
No change in permitted uses may be authorized by variance. Appropriate
conditions may be imposed on any variance, provided that the conditions
are reasonably related to the variance. Any other development regulation
that regulates land use or development may provide for variances from
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provisions of those ordinances consistent with the provisions of this
subsection. (Reference) 160D-705 (d) (2). (Amended 6-1-21)
Section 113 Quasi-Judicial Decisions and Judicial Review
1. The board shall determine contested facts and make its decision within a
reasonable time. Every quasi-judicial decision shall be based upon competent,
material, and substantial evidence in the record. Each quasi-judicial decision
shall be reduced to writing and reflect the board’s determination of contested
facts and their application to the applicable standards. The written decision
shall be signed by the chair or other duly authorized member of the board. A
quasi-judicial decision is effective upon filing the written decision with the
clerk to the board or such other office or official as the ordinance specifies.
The decision of the board shall be delivered by personal delivery, electronic
mail, or by first-class mail to the applicant, property owner, and to any person
who has submitted a written request for a copy, prior to the date the decision
becomes effective. The person required to provide notice shall certify that
proper notice has been made.
2. Every quasi-judicial decision shall be subject to review by the superior court
by proceedings in the nature of certiorari pursuant to G.S. 160A-393. A
petition for review shall be filed with the clerk of superior court by the later of
30 days after the decision is effective or after a written copy there of is given
in accordance with subdivision (1) of this subsection. When first-class mail is
used to deliver notice, three days shall be added to the time to file the petition.
Section 114 Duties of the Zoning Enforcement Officer, Board of Adjustment, Courts and
County Commissioners on Matters of Appeal
It is the intention of this Ordinance that all questions arising in connection with the enforcement
of this Ordinance shall be presented first to the Zoning Enforcement Officer and that such questions
shall be presented to the Board of Adjustment only on appeal from the Zoning Enforcement Officer
and that from the decision of the Board of Adjustment recourse shall be had to courts as provided
by law. It is further the intention of this Ordinance that the duties of the County Board of
Commissioners in connection with the Ordinance shall not include the hearing and passing upon
disputed questions that may arise in connection with the enforcement thereof, but that the
procedure for determining such questions shall be as herein set out in this Ordinance, and that the
duties of the County Board of Commissioners in connection with this Ordinance shall be
considering and passing upon any proposed amendments, or repeal of this Ordinance as provided
by law, or acting on any general use or conditional zoning request as specified by this Ordinance.
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ARTICLE XII
Amendments and Changes
Section 120 Motion to Amend
The County Board of Commissioners may, on its own motion, or upon recommendations to the
Planning Board, or upon petition by any person within the zoning jurisdiction, after public notice
and hearing amend, supplement, change, modify or repeal the regulations herein established or the
maps which are a part of this Ordinance, subject to the rules prescribed in Section 122 of this
Article. No regulation or maps shall be amended, supplemented, changed, modified, or repealed
until after a public hearing in relation thereof, at which all parties in interest and citizens shall have
an opportunity to be heard. A notice of such public hearing shall be given once a week for two (2)
successive weeks in a newspaper of general circulation in the county, said notice to be published
for the first time not less than ten (10) days (#11) not more than twenty five (25) days prior to the
date fixed for such public hearing.
Section 121 Protest Against Amendment
Delete Entire Section 121. (#12)
Section 122 Planning Board Action
Every proposed amendment, supplement, change, modification, or repeal to this Ordinance shall
be referred to the Planning Board for its recommendations and report, provided that no proposal
shall be considered by the Planning Board within five (5) days from the filing of the proposal with
the Zoning Enforcement Officer. Failure of the Planning Board to make recommendations for a
period of thirty (30) days after the amendment has been referred to it shall constitute a favorable
recommendation. As part of any petition to amend a zoning classification, a currently accurate
survey or map shall be filed showing all parcels of land included in the petition and all parcels of
land abutting those parcels included in the petition (including those properties directly across a
street or road from those parcels included in the petition), with the name and address of each owner
of each such parcel as certified by the Tax Supervisor of Stokes County from the records in the tax
office. In addition to a filing fee for advertising and administrative expenses (#2), a fee for each
owner indicated above will be charged to defray the costs of the research, preparation and mailing
of a notice of the pending zoning classification action to each. (#20)
(Amended 12-8-98)
Amendment #11--Amended February 6, 1984
Amendment #12--Deleted February 6, 1984
Amendment #2--Amended June 20, 1983
Amendment #20--Amendment January 6, 1999
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ARTICLE XIII
Conditional Zoning
Section 130 Purposes
The development and execution of this Ordinance is based upon the division of the planning area
into districts where the use of land and buildings and the bulk and location of buildings and
structures in relation to the land are substantially uniform. It is recognized, however, that there are
certain uses which, because of their unique characteristics, cannot be properly classified in any
particular district or districts, without consideration, in each case, of the impact of those uses upon
neighboring land and of the public need for the particular use in the particular location.
Section 131 Jurisdiction
The responsibility of evaluating conditional zoning applications is handled by the governing body
after a review and recommendation by the Planning Board.
Section 132 Procedure for Obtaining a Conditional Zoning Approval
132.1 Application for Conditional Zoning
Applications for new conditional zoning districts or expansion of existing
conditional zoning districts shall be processed, considered and voted upon using
the following procedure. Before filing an application for a conditional zoning
district, the applicant(s) is encouraged to meet with the Planning Department Staff
to discuss the nature of the proposed reclassification, the standards for
development under the existing and proposed classification, and concerns that
persons residing in the vicinity of the property may have regarding the proposed
reclassification, if known.
132.2 Public Information Meeting (PIM)
1. The applicant is required to hold a public information meeting prior to the
application deadline for a conditional zoning district rezoning. The applicant
shall provide notice of the meeting as follows:
a. Notice of the date, time, and place of the meeting shall be provided to
owners of all abutting property, as listed with the Stokes County Tax
Department, as well as owners of all properties directly across a street,
easement or public or private right of way.
b. Notice may be sent to additional property owners by the applicant.
c. At a minimum, the notice shall be sent by first class mail and be
postmarked at least fourteen (14) days prior to the date of the public
information meeting. Additional types of notice may be provided by the
applicant.
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d. A sign shall be posted at least fourteen (14) days prior to the meeting on
the property of the proposed Conditional Zoning request advertising the
Public Information Meeting giving notice of the date, time, and place of
the meeting.
2. A written report of the public information meeting shall be included as part of
the application.
a. The written report of the meeting shall include a listing of the persons and
organizations notified of the meeting and the manner and date of the
notification; the time, date, and location of the meeting; a roster of the
persons in attendance at the meeting, a summary of issues discussed at the
meeting; and a description of any changes to the rezoning application
made by the applicant as a result of the meeting.
3. Revisions to exiting Conditional Zoning Districts and existing Conditional or
Special Use Permits shall not require a public information meeting if the
physical boundaries of the district or permit are not proposed to be expanded.
132.3 Public Hearing
The Planning Department shall schedule a public hearing on the application for a
conditional district rezoning to be held within sixty (60) days after the application
is filed. Public notice of the hearing shall be published in a newspaper of general
circulation in the community at least once each week for two (2) successive weeks
prior to the public hearing. The Planning Department shall also post notice on the
property involved for a period of one (1) week prior to the hearing and adjoining
property owners shall be notified by registered mail.
132.4 Action by the Planning Board
The Planning Board shall review the application prior to the public hearing and
shall present its recommendations to the responsible body prior to or at the public
hearing. A member of the Planning Board shall not vote on any application where
the outcome of the matter being considered is reasonably likely to have a direct,
substantial, identifiable financial impact on the member. The Planning Board may
reverse its recommendations following the public hearing and present such
recommendations to the responsible body before final action is taken.
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132.5 Board of Commissioners Action
Once the Public Hearing is closed by the Board of Commissioners, the Board of
Commissioners shall review the application. The Board of Commissioners shall not
consider the application until after the Planning Board makes a recommendation,
or fails to make a recommendation within the time allowed. A member of the
Board of Commissioners shall not vote on any application where the outcome of
the matter being considered is reasonably likely to have a direct, substantial,
identifiable financial impact on the member. Prior to approving or denying any
application for conditional rezoning, the Board of Commissioners shall adopt a
statement that the proposed rezoning is consistent with the county’s comprehensive
plan as set forth in the zoning ordinance, and that the proposed rezoning is
reasonable and in the public interest
Prior to the granting of any conditional zoning application, the Planning Board may
recommend, and the Board of Commissioners may stipulate, such conditions and
restrictions upon the establishment, location, reconstruction, maintenance, and
operation of the conditional zone as it deems necessary for the protection of the
public interest. In all cases in which conditional zoning is granted, the Board of
Commissioners shall require such evidence and guarantees as it may deem
necessary as proof that the conditions stipulated are being met. All conditions must
be mutually agreed upon by the county and petitioner/property owner as set forth
in GS 160D-703 (b). (Amended 6-1-21)
Conditions may include, but not limited to, the following:
a. Conditions may be imposed to abate or restrict noise, smoke, dust, or other
elements that may affect surrounding properties.
b. Establish setback, side, front, and rear yard requirements necessary for orderly
expansion and to prevent traffic congestion.
c. Provide adjoining property with a buffer or shield from view of the proposed
use if necessary.
d. Establish a time limit at expiration of which the permit or approval shall no
longer be valid, or shall require renewal based on the requirements as set forth
in Section 133 (Vested Rights).
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132.6 Effect of Approval
1. If an application for conditional zoning is approved, the development and use
of the property shall be governed by the predetermined ordinance requirements
applicable to the district’s classification, the approved site plan for the district,
and any additional approved rules, regulations and conditions, all of which shall
constitute the zoning regulations for the approved district and are binding on
the property as an amendment to these regulations and the zoning maps.
2. If an application is approved, only those uses and structures indicated in the
approved application and site plan shall be allowed on the subject property. A
change of location of any structures may be authorized.
3. Following the approval of a rezoning application for a conditional zoning
district, the subject property shall be identified on the Zoning Map by the
appropriate district designation.
4. Any conditional zoning district shall have vested right pursuant to vested rights
section.
132.7 Withdrawal of Application
An application may withdraw his application at any time by written notice to the
Planning Department. However, any withdrawal of an application after the giving
of the first advertised notice of the petition shall be considered a denial of the
petition and any fees paid are non-refundable.
132.8 Effect of Denial on Subsequent Petitions
When the Board of Commissioners shall have denied an application or the
application shall have been withdrawn after the first notice of the public hearing
thereon, the Board of Commissioners shall not entertain another application for the
same or similar conditional zoning, affecting the same property or a portion of it
until the expiration of a one year period, extending from the date of denial or
withdrawal, as applicable.
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Section 133 Vested Rights
Pursuant to G.S. 160D-108 a vested right shall be deemed to be established with respect to any
property upon the valid approval, or conditional approval, of a site specific development plan or
phased development plan following notice and public hearing. 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 site specific development plan or the phased development plan
including any amendments thereto. (Amended 6-1-21)
133.1 Definitions
For the purpose of this section only, the following definitions shall apply:
1. Landowner or owner: The holder of the title in fee simple. Absent evidence to
the contrary, a local government may rely on the county tax records to determine
who is a landowner. The landowner may authorize a person holding a valid
option, lease, or contract to purchase to act as his or her agent or representative
for the purpose of making applications for development approvals. (Amended
6-1-21)
2. Property: All real property subject to land-use regulation by a local government.
The term includes any improvements or structures customarily regarded as a
part of real property. (Amended 6-1-21)
3. Vested Right: The right to undertake and complete the development and use of
property under the terms and conditions of an approval secured as specified in
GS 160D-108 or under common law. (Amended 6-1-21)
133.2 Submission of a site specific vesting development plan or multiphase development
plan
1. A landowner shall first submit to the administrator a site specific vesting
development plan or multiphase development plan as defined in GS 160D-108.
Such plan shall describe with reasonable certainty the type and intensity of use
for a specific parcel or parcels of property. Such plan may be in the form of,
but not be limited to, any of the following plans or approvals; A planned unit
development plan, a subdivision plat, a preliminary or general development
plan, a conditional district zoning plan, or any or any other land-use approval
designation as the County may specify. Such a plan shall include the
approximate boundaries of the site; significant topographical and other natural
features effecting development of the site; the approximate location on the site
of the proposed buildings, structures, and other improvements; the approximate
dimensions, including height, of the proposed buildings and other structures;
and the approximate location of all existing and proposed infrastructure on the
site, including water, sewer, roads and pedestrian walkways. The plan shall be
submitted in completed form to the Planning Department and processed in the
same manner, except as herein provided, as a conditional zoning application in
accordance with Article XIII or this ordinance. (Amended 6-1-21)
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2. After public hearing, the Board of Commissioners may approve a site specific
development plan or phased development plan upon such conditions as may
reasonably be necessary to protect the public health, safety and welfare.
3. Such conditional approval shall result in vested right, and the County shall issue
a Vested Right Certificate for the subject property.
4. A Vested Right Certificate shall be issued for two years unless one or more
factors described in Subsection 133.3 exist, in which case the certificate may be
issued for up to 5 years.
133.3 Vested Right Certificate
1. The effect of the issuance of Vested Right Certificate shall preclude 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 or an approved phased
development plan except as set forth in subparagraph 3 herein. Any vesting
for a period of greater than two years shall be at the request of the applicant
and upon determination by the Board of Commissioners that such greater
period of vesting is needed based on:
a. the sizing and phasing of the development
b. the level of investment
c. the need for the development
d. economic cycles
2. The issuance of Vested Right Certificate 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 site specific plan or phased
development plant as provided for in this section. Failure to abide by the
terms and conditions placed upon such approval will result in the forfeiture
and revocation of the vested right certificate previously issued.
3. Upon the enactment or promulgation of a state or federal law or
regulations that precluded development as contemplated in the site specific
development plan. In such case the county may (after having advertised and
conducted a public hearing per Subsection 132.3 of this ordinance) modify the
affected provisions upon an evidentiary hearing that the change in state or
federal law has had a fundamental effect on the plan. (Amended 6-1-21)
4. Upon the enactment of a state of federal law or regulation that precludes
development as contemplated in the plan, the county may after having
advertised and conducted a public hearing per Subsection 132.3 of this
ordinance, modify the Vested Right Certificate upon conducting an
evidentiary hearing an finding that the change in state or federal law or
regulation has had a fundamental effect on the plan. (Amended 6-1-21)
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5. Once a vested right certificate is issued, nothing in the ordinance shall
preclude the county from conducting subsequent reviews and approvals
to ensure compliance with the terms and conditions of the original
approval, provided such reviews and approvals are not inconsistent with
the original approval.
133.4 Revocation or Expiration
In addition to the revocation provisions cited in Subsection 133.3, a vested right
certificate may be revoked if the Board of Commissioners determines that the
landowner has failed to comply with the terms and conditions of the approval or
with any other applicable portion of the Stokes County Zoning Ordinance or
Stokes County Subdivision Regulations. The vested right certificate shall
otherwise expire at the end of the approval period established by the Board
Commissioners.
133.5 Expiration or Revocation of building permit
A building permit issued by Stokes County shall not expire or be revoked because
of the running of time while as vested right certificate is outstanding on property
for which the permit was issued.
133.6 Establishment of vested rights
The establishment of vested right on a piece of property for a site specific
development plan shall not preclude the county from establishing and putting into
place one or more overlay districts which may impose additional restrictions on
said property, provided such restrictions do not affect the allowable type or
intensity or use. Otherwise such regulations shall become effective with respect
to the subject property upon the expiration or termination of the vested right
certificate. The county may also enforce on the property additional regulations
(adopted during the time the vest right certificate was in effect) that are general in
nature an applicable to all property subject to the regulations of this ordinance.
133.7 Zoning map amendment process
General district zoning When considering a petition for the reclassification of
property to a general zoning district (i.e., other than parallel conditional zoning
district), neither the Planning Board nor the Board of Commissioners shall
evaluate the petition based on any specific proposal for the use or development of
the affected property and the petitioner shall refrain from using any graphic
materials or descriptions of the proposed use development except for those which
would apply to any use permitted in the requested district.
Section 134 General Provisions in Granting Conditional Use
Entire section Deleted
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Section 135 Regulations Governing Duplex and Multi-Family Dwellings
135.1 Intent
In rural areas of the county, without public water or sewer systems, other types of
housing are needed besides single family detached dwelling units. Duplexes and
other types of multi-family dwellings provide needed forms of housing as long as
adequate safeguards can be imposed to protect the rural environment.
135.2 Conditional Zoning Permits
The Stokes County Planning Board and the Stokes County Board of
Commissioners shall review and act upon all requests for multi-family projects.
Any expansion of a previously issued permit of the Board of Adjustment or any
other board shall require the approval of the Board of Commissioners.
(Amended 10-3-00)
135.3 Site Plan Required
(When Two or More Buildings are Located on Single Lot)
A site plan clearly indicating the developer’s intention to comply with the
provisions of this Ordinance shall be submitted for approval to the Planning
Department with this application for a Conditional Zoning. This site plan shall
contain the following:
a. Name of the project and the name and address of the developer and/or owner(s),
b. Date, approximate North Arrow, and scale,
c. Boundary lines of the tract,
d. The names, proposed location and approximate dimensions of proposed streets,
driveways, and parking spaces,
e. The location and general exterior dimensions of the principal building(s) and
any accessory building(s) or structure(s), and
f. Certifications that an approved water and sewer systems can be provided to
service the project.
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135.4 Development Requirements
135.4.1 Density
Thirty Thousand (30,000) square feet shall be provided for the first
dwelling unit; twenty thousand (20,000) square feet shall be provided for
the second through fifth dwelling units; and fifteen thousand (15,000)
square feet for six or more dwelling units. The overall density of
development shall not exceed three (3) units per acre, where wells or
community water systems and septic sewer systems are utilized.
However, the final authority for approving building lots shall be with the
Stokes County Health Department when public water or public sewer are
not available.
135.4.2 Mean Lot Width
One hundred (100) feet minimum required mean lot width for the first
dwelling unit. An additional ten (10) feet shall be provided for each unit
in excess of one (1). However, the mean lot width shall not be required
to exceed one thousand (1,000) feet.
135.4.3 Building Setback Lines
All principal buildings shall have a minimum front yard setback of forty
(40) feet. In all other cases, principal buildings shall be located at least
thirty (30) feet from any property lines.
135.4.4 Building Heights
Thirty-five (35) feet shall be the maximum building height (2 ½) stories.
135.4.5 Buffer Strips
Buffer strips may be required when a multi-family development adjoins
an existing or potential single family residential area.
135.4.6 Control of Potential Nuisance Uses
Mechanical equipment rooms, air conditioning units or cooling towers,
swimming pools, water filtration systems, children’s play areas, and
sporting facilities shall not be placed within fifty (50) feet of adjacent
land used or anticipated to be used as single-family residential areas.
135.4.7 Internal Relationships
Structures, uses, and facilities shall be grouped in a safe, efficient,
convenient and harmonious relationship in order to preserve desirable
natural features and minimum disturbances of the natural topography.
135.4.8 Interior Circulation System
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Streets, drives, parking and service areas shall provide safe and
convenient access to dwelling units. Specifically, streets should be laid
out not to encourage outside traffic to traverse the development on minor
streets and streets should not create unnecessary fragmentation of the
development into small blocks.
135.4.9 Vehicular Access to Public Roads
When possible, vehicular access to a public road from off-street parking
or service areas shall be so combined, limited, located, designed and
controlled as to channel traffic from and to such areas in a manner which
minimizes the number of access points and promotes the free flow of
traffic on streets without excessive interruption.
135.4.10 Signs
Any of the conditional zoning application permitted by this Section may
provide signs identifying the project, but only in accordance with the
requirements specified in Section 73.
135.4.11 Off-Street Parking
Any of the conditional zoning application permitted by this Section shall
provide off-street parking in accordance with Section 74. (#7)
Amendment #7--Amended August 1, 1983
Section 136 Procedures for obtaining a Special Use
Special Use permits already issued shall remain in effect and be subject to the conditions and
standards under the special use permit they were issued. No new Special Use permit applications
shall be accepted.
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ARTICLE XIV
Legal Provisions
Section 140 Conflict with Other Ordinances
In interpreting and applying the provisions of this Ordinance they shall be held to
be the minimum requirements for the promotion of the public safety, health,
convenience, prosperity and general welfare. It is not intended by this Ordinance
to interfere with or abrogate or annual any easements, covenants, or other
agreements between parties, provided, however, that where this Ordinance imposes
a greater restriction upon the use of buildings or premises or upon the height of
buildings, or requires larger open spaces than are imposed or required by other
ordinances, rules, regulations, or by easements, covenants or agreements, the
provisions of this Ordinance shall govern, provided that nothing in this Ordinance
shall be construed to amend or repeal any other existing ordinance of the county or
any municipality which has elected to come under this Ordinance.
Section 141 Validity
Should any section of provisions of this Ordinance be declared by the courts to be
unconstitutional or invalid, such declaration shall not affect the validity of the
Ordinance as a whole or any part thereof other than the part so declared to be
unconstitutional or invalid.
Section 142 Penalties
142.1 General Authority
a. Civil Penalty
The County has the power to impose fines and penalties for violation of
any provision of the Zoning Ordinance as they may be amended from
time to time, and may secure injunctions and abatement orders to further
insure compliance with the regulations, as provided by North Carolina
General Statute 153A-123.
b. Criminal Penalty
Violation of any of the provisions of the Zoning Ordinance is a
misdemeanor as provided by North Carolina General Statute 14-4. The
offender shall be subject to the maximum fine, term of imprisonment,
and infraction penalty as provided in North Carolina General Statute 14-
4 et seq.
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142.2 Civil Penalty Procedure
a. Offender
An offender is any person or entity who violates any provisions of the
Zoning Ordinance.
b. Warning Citation
Prior to issuing a civil citation for violation of the Zoning Ordinance,
the Zoning Enforcement Officer shall issue and serve upon the offender
a warning citation which shall provide the following information: (1)
nature of the violation, (2) the ordinance(s) violated, (3) a reasonable
period of time within which the violation(s) shall be cured, which
reasonable time shall be deemed to be 30 days unless there is risk to
public safety or health, in which case the warning citation can require
the violations to be cured immediately, (4) shall state that if the
violations are not cured within the prescribed time, that subsequent
citation(s) shall be issued causing the offender to incur penalties in the
amount of fifty dollars ($50.00) per day until the violation(s) are cured,
and (5) a time, place and date for a hearing to be held before the Zoning
Enforcement Officer, which is no more than 30 days from the date of
the warning citation.
c. Warning Citation Hearing
At the hearing noticed in the warning citation, the offender and any party
in interest shall have the right to appear before the Zoning Enforcement
Officer and give evidence concerning the alleged violations. Rules of
evidence applicable in courts of law and equity shall not apply. At the
hearing, the Zoning Enforcement Officer can rescind, modify, or take
no action with respect to the warning citation. If no action is taken, or
if the offender fails to attend the hearing, the warning citation shall
remain in full force and effect and the violations cited therein must be
cured within the time prescribed by the original warning citation.
d. Civil Citation
If the violations are not cured within the time prescribed by a warning
citation, the Zoning Enforcement Officer may issue a civil citation,
which shall be served upon the offender requiring the offender to pay
the sum of fifty dollars ($50.00) per day for each day that the violation
has continued after the deadline for curing the violation stated in the
warning citation. Said penalty shall be due and payable in full within
fifteen (15) days after the date of service of the civil citation.
Stokes County Zoning Ordinance
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e. Subsequent Civil Citations
Each day’s continuing violations shall be a separate and distinct offense.
Provided, however, that once a warning citation has been issued for a
continuing violation, subsequent civil citations may be issued to the
offender concerning the violation(s) without issuing additional warning
citations or without having additional warning citations or without
having additional warning citation hearings.
f. Failure to Comply
If the offender fails to pay the fine assessed in the civil citation within
15 days from the date of service, the County may institute a civil action
in the nature of debt, and shall be entitled to collect the fine or fines upon
which the suit is brought, interests, costs, and attorney’s fees.
g. Service
Warning citations and civil citations shall be served upon the offender(s)
by any manner allowed under Rule 4 of the North Carolina Rules of
Civil Procedure. Additionally, if the identities or whereabouts of any
offenders are unknown and cannot be ascertained by the Zoning
Enforcement Officer after due diligence or if the offenders refuse
service, and the Zoning Enforcement Officer makes an affidavit to that
effect, then services of the warning citation or civil citation may be
posting the citation in a conspicuous place on the affected property.
With respect to the issuance of warning citation, service must be
perfected 10 days prior to the hearing scheduled therein, unless the
Zoning Enforcement Officer deems the public health and safety is at
risk, in which case service must be perfected 24 hours prior to the time
of the hearing.
142.3 Injunction and Abatement
a. Appropriate Equitable Remedy
Any provision of the Zoning Ordinance may be enforced by an
appropriate equitable remedy issuing from a court of competent
jurisdiction. In such case, the General Court of Justice shall have
jurisdiction to issue such orders as may be appropriate, and it shall not
be a defense to the application of the County for equitable relief that
there is an adequate remedy at law.
Stokes County Zoning Ordinance
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b. Enforcement by Injunction or Abatement
Any provision of the Zoning Ordinance may be enforced by injunction
and order of abatement by a General Court of Justice. When a violation
of such a provision occurs, the County may apply to the appropriate
division of the General Court of Justice for a mandatory prohibitory
injunction and order of abatement commanding the defendant to correct
the unlawful condition upon or cease the unlawful use of the property.
The action shall be governed in all respects by the laws and rules
governing civil proceedings, including the Rules of Civil Procedure in
general and Rule 65 in particular.
c. Abatement as Part of Judgment in the Cause
In addition to an injunction, the court may enter an order of abatement
as part of the judgment in the cause. An order of abatement may direct
that buildings or other structures on the property be closed, demolished
or removed; that fixtures, furniture or other movable property be
removed from buildings on the property; that grass and weeds be cut;
taken that is necessary to bring the property into compliance with the
Zoning Ordinance.
d. Failure to Comply
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 an order of abatement. The
County shall have a lien on the property for the cost of executing an
order of abatement in the nature of a mechanic’s and material-man’s
lien. The defendant may secure cancellation of an order of abatement
by paying all costs of the proceedings and posting a bond for compliance
with the order. The bond shall be given with sureties approved by the
Clerk of Superior Court in an amount approved by the judge before
whom the matter is heard and shall be conditioned on the defendant’s
full compliance with the terms of the order of abatement within a time
fixed by the judge. Cancellation of an order of abatement shall not
suspend or cancel an injunction.
142.4 Method of Enforcement
This Ordinance may be enforced by any one, all, or a combination of the remedies
authorized and prescribed herein.
Stokes County Zoning Ordinance
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Section 143 Effective Date
This Ordinance shall take effect and be in force from and after its passage and adoption.
Duly adopted by the Board of Commissioners of the County of Stokes, North Carolina, this the 1st
day of March, 1983.
ATTEST:
______________________________________
County Clerk
Chairman, County Board of Commissioners
County Attorney
Stokes County Zoning Ordinance
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ARTICLE XV
DRINKING SUPPLY WATERSHED PROTECTION
Section 1 Establishment of Watershed Overlay Districts......................................................130
Section 2 Definitions..............................................................................................................130
Section 3 Intent.......................................................................................................................132
Section 4 Applicability...........................................................................................................132
Section 5 Exceptions and Applicability..................................................................................133
Section 6 Watershed II Critical Area......................................................................................133
Section 7 WS-II Watershed-Balance of Watershed................................................................134
Section 8 WS-IV Watershed-Protected Area..........................................................................135
Section 9 Cluster Development...............................................................................................136
Section 10 Stream Buffer Areas Required................................................................................137
Section 11 Administration........................................................................................................137
Section 12 Adoption and Effective Date..................................................................................140
Stokes County Zoning Ordinance
131
ARTICLE XV
DRINKING SUPPLY WATERSHED PROTECTION
Section 1 Establishment of Watershed Overlay Districts.
Within the Stokes County Planning Jurisdiction the following watershed overlay districts shall be
established:
UT at Camp Sertoma WS-II-CA (Critical Area)
UT at Camp Sertoma WS-II-BW (Balance of Watershed)
Tom’s Creek WS-II-BW (Balance of Watershed)
Mayo River WS-IV-PA (Protected Area)
Dan River WS-IV-PA (Protected Area)
Yadkin River WS-IV-PA (Protected Area)
Section 2 Definitions.
The following definitions apply specifically to the drinking supply watershed overlay districts.
Agricultural Use of Water: The use of waters for stock watering, irrigation, and other farm
purposes.
Animal units: A unit of measurement developed by the U.S. Environmental Protection Agency
that is used to compare different types of animal operations. One hundred (100) animal units
equals to 70 dairy cows, 100 beef cattle, 250 hogs, 50 horses, 1000 sheep, 5500 turkeys, 3000
chickens with liquid manure systems, 10,000 chickens with continuous overflow waterers, or 500
ducks.
Balance of Watershed: The area adjoining and upstream of the critical area in the WS-II or WS-
III watersheds.
Best Management Practices: (BMP’s). 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.
Built-upon Area: (impervious area) Built-upon areas shall include that portion of a development
project that is covered by impervious or partially impervious cover including buildings, pavement,
gravel roads, recreation facilities (e.g. tennis courts), etc. (Note: wooden slatted decks and the
water area of a swimming pool are considered pervious.)
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). Local governments may extend the critical area as
needed. Major landmarks such as highways or property lines may be used to delineate the outer
boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer
boundary of one-half mile.
Development: Any land disturbing activity which adds to the amount of impervious or partially
impervious cover on a land area or which otherwise decreases the infiltration of precipitation into
the soil.
Discharging Landfill: A landfill which discharges treated leachate and which discharges treated
leachate and which requires a National Pollution Discharge Permit.
Stokes County Zoning Ordinance
132
Existing Development: Those projects that are built or those projects that at a minimum have
established a vested right under North Carolina zoning law as of the effective date of this ordinance
based on at least one of the following:
(1) substantial expenditures of resources ( time, labor, or money) based on a good faith
reliance upon having received a valid local government approval to proceed with the
project; or
(2) having an outstanding valid building permit as authorized by the General Statutes
(G.S. 153A-344.1); or
(3) Having an approved site specific or phased development plan as authorized by the
General Statutes (G.S. 153A-344.1).
Hazardous Material: Any substance listed as such in: SARA (Superfund Amendments and
Reauthorization Act) Section 302, Extremely Hazardous Substances, CERCLA (Comprehensive
Environmental Response, Compensation and Liability Act of l980) Hazardous Substances, or
Section 311 of CWA (Clean Water Act) (oil and hazardous substances).
Industrial development: Any non-residential development that requires an National Pollutant
Discharge Elimination System (NPDES) permit for an industrial discharge and/or requires the use
or storage of any hazardous material for the purpose of manufacturing, assembling, finishing,
cleaning or developing any product or commodity.
Landfill: A facility for the disposal of solid waste on land in a sanitary manner in accordance with
Chapter 130A Article 9 of the N.C. General Statutes. For the purpose of this ordinance this term
does not include composting facilities.
Non-conforming Lot of Record: A lot described by plat or deed that was recorded prior to the
effective date of this ordinance (or amendments) that does not meet minimum lot size or other
development requirements of this ordinance.
Non-residential Development: All development other than residential development, agriculture
and silviculture.
Protected Area: The area adjoining and upstream of the critical area in a WS-IV watershed. The
boundaries are defined as 10 miles upstream and draining to the intake located directly in the
stream or river.
Residential Development: 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.
Residential Development, Single-Family: Any development where: 1) no building contains
more than one dwelling unit, 2) every dwelling unit is on a separate lot, and 3) where no lot contains
more than one dwelling unit.
Stream Buffer: An area of natural or planted perennial 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 normal pool elevation of impounded structures and from the bank of each side of streams
or rivers.
Structure: Anything constructed or erected, including but not limited to buildings, which requires
location on the land or attachment to something having permanent location on the land.
Stokes County Zoning Ordinance
133
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 off spring or other adverse health effects.
Variance, Major Watershed: A major variance would completely eliminate a management
requirement, or reduce a management requirement by more than ten percent (10%). A major
variance shall be reviewed by the County Board of Adjustment and approved by the N.C.
Environmental Management Commission.
Variance, Minor Watershed: Any reduction not considered a major one. It shall be reviewed
and approved by the County Board of Adjustment.
Water Dependent Structure: Any structure for which the use requires access to or proximity to
or citing 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.
Watershed: The entire land area contributing surface drainage to a specific point (e.g. the water
supply intake.)
Section 3 Intent
The watersheds overlay districts are established to impose higher development standards around
or upstream from drinking water supplies than generally imposed on land uses in the planning area.
The intent is to maintain current development patterns in order to prevent the risks of pollution
from more intense land uses (urbanization). The classifications of watersheds are based on current
or expected land development patterns. A W-S II will have a predominantly undeveloped land-
use pattern and a W-S IV will have a moderate to high land-use intensity pattern, or be a part of a
larger watershed. Because the risk of pollution is directly related to the proximity to the water
supply, development standards are higher in the critical area than in the balance of the watershed.
Section 4 Applicability
These watershed overlay district regulations shall apply to land-use activities within the areas
designated as a Public Water Supply Watershed by the N.C. Environmental Management
Commission in accordance with G.S. 143 214.5. These watersheds shall be defined and established
on the map entitled, “Watershed Protection Map of Stokes County, North Carolina”, which is
adopted simultaneously herewith. The Watershed Map and all explanatory matter contained
thereon accompanies and is hereby made a part of these regulations.
Stokes County Zoning Ordinance
134
Section 5 Exceptions and Applicability
(a) The watershed overlay districts imposes an additional layer of regulations over
existing zoning requirements. When a conflict occurs between the zoning district
standards and the overlay district standards, the more restrictive shall prevail.
Under no situations will development be permitted in designed drinking supply
watersheds that violate the Water Supply Watershed Rules as adopted by the N.C.
Environmental Management Commission.
(b) It is not the intent that these regulations interfere with any easement, covenants or
other agreements between parties. However, if the provisions of these regulations
impose greater restrictions or higher standards for the use of a building or land,
then the provisions of these regulations shall control.
(c) All land use activities shall be regulated by the watershed protection regulations in
designated drinking supply watersheds except existing development, as defined in
Section 2 Definitions above, is not subject to the requirements of this Article.
Expansions to structures classified as existing development must meet the
requirements of this Article, however, the built upon area of the existing
development is not required to be included in the density calculations.
Section 6 Watershed II- Critical Area (WS-II-CA).
1
(a) Permitted Uses:
1. All uses allowed in the underlying zoning districts where the watershed is
located, unless specifically excluded in (b) below.
2. Agriculture 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 (10)
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 minutes) scale topographic
maps or as determined by local government studies. Animal operations
greater than 100 animal units shall employ BMPs by July 1, 1994
recommended by the Soil and Water Conservation Commission.
3. Silviculture, using Best Management Practices required to implement the
provisions of the Forest Practices Guidelines Related to Water Quality (15
NCAC 1I.6101 - .0209).
1
WS II -CA designation applies to the public water supply for Camp Sertoma
Stokes County Zoning Ordinance
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(b) Prohibited uses:
The Water Supply Watershed Protection Rules specifically exclude the following
uses in designated drinking water supply watersheds.
1. Landfills.
2. Sites for land application of residual application sites or petroleum
contaminated soils.
(c) Density and Built-upon Limits:
1. Single-family residential development shall not exceed one dwelling unit per
two (2) acres on a project-by-project basis. No residential lot shall be less
than two (2) acres, except within an approved cluster development.
2. All other residential and non-residential development shall not exceed six
percent (6%) built-upon area on a project-by-project basis. For the purpose of
calculating built-upon area, total project area shall include total acreage in the
tract on which the project is to be developed.
Section 7 WS-II Watershed-Balance of Watershed (WS-II - BW).
2
(a) Permitted Uses:
1. All uses allowed in the underlying zoning districts where the watershed is
located, unless specifically excluded in (b) below.
2. Agriculture, subject to the provisions of the Food Security Act of 1985 and the
Food, Agricultural, Conservation and Trade Act of 1990.
3. Silviculture, using best management practices required to implement the
provisions of the Forest Practices Guidelines Related to Water Quality (15
NCAC 1I.6101 - .0209).
(b) Prohibited Uses:
The Water Supply Watershed Protection Rules specifically exclude the following
uses in designated drinking water supply watersheds.
1. Discharging landfills.
2. The storage of toxic and hazardous materials unless a spill containment plan is
implemented.
(c) Density and Built-upon Limits:
2
WS-II -BW designation applies to Camp Sertoma and Tom's Creek Water Supply
Watersheds.
Stokes County Zoning Ordinance
136
1. Single-family residential development shall not exceed one dwelling unit per
acre on a project by project basis. No residential lot shall be less than one
acre, except in a cluster development.
2. All other residential and non-residential development shall not exceed twelve
percent (12%) built upon area on a project-by-project basis except that up to
ten percent (10%) of the balance of the watershed may be developed for
residential and non-residential development to seventy percent (70%)
built-upon area on a project-by-project basis. This allocation shall be
determined by the Stokes County Board of Commissioners. For the purpose
of calculating built-upon area, total project area shall include total acreage in
the tract on which the project is to be developed.
Section 8 WS-IV Watershed - Protected Area (WS-IV-PA)
(a) Application:
Only new development activities that require an erosion/sedimentation control plan
under State Law or approved local program are required to meet the provisions of
these watershed regulations when located in the WS-IV watershed.
(b) Permitted Uses:
1. All uses allowed in the underlying zoning districts where the
watershed is located, unless specifically excluded in © below.
2. Agriculture, subject to the provisions of the food Security Act of
1985 and the Food, Agricultural, Conservation and Trade Act of
1990.
3. Silviculture, using Best Management Practices required to
implement the provisions of the Forest Practices Guidelines
Related to Water Quality (15 NCAC 1I.6101 - .0209).
1
Stokes County Zoning Ordinance
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(c) Prohibited uses:
The Water Supply Watershed Protection Rules specifically exclude the following
uses in designated drinking water supply watersheds.
1. The storage of toxic and hazardous materials unless a spill containment plan is
implemented.
(d) Density and Built-upon Limits:
1. Single-family residential development shall not exceed one
dwelling unit per one-half (1/2) acre, with curb and gutter or
one-third (1/3) acre, without curb and gutter, except within an
approved cluster development.
2. All other residential and non-residential development shall not
exceed twenty-four percent (24%) built-upon area on a project-
by-project basis with curb and gutter street system, or thirty-six
(36%) built-upon area, without a curb and gutter system,
except that up to ten percent (10%) of the balance of the
watershed may be developed for residential and non-
residential development to seventy percent (70%) built-
upon area on a project-by-project basis. For the purpose of
calculating built-upon area, total project area shall include
acreage in the tract on which the project is to be developed.
Section 9 Cluster Development
Clustering of development is allowed in all drinking supply watershed area under the following
conditions:
(a) Minimum lot sizes are not applicable to single family cluster development
projects; however, the total number of lots shall not exceed the number of lots
allowed for single family detached developments in WS-II or WS-IV Watersheds.
Build-upon area or stormwater control requirements of the project shall not
exceed that allowed for the critical area or balance of watershed, whichever
applies.
(b) All built-upon area shall be designed and located to minimize stormwater runoff
impact to the receiving waters and minimize concentrated stormwater flow.
Maximize the use of sheetflow through vegetated areas, and maximize the flow
length through vegetated areas.
Amended 6-7-11
(c) The remainder of the tract shall remain in a vegetated or natural state. Where the
development has an incorporated property owners association, title of the open
space areas shall be conveyed to an incorporated homeowners association for
management; to a local government for preservation as a park or open space; or to
a conservation organization for preservation in a permanent easement.
Stokes County Zoning Ordinance
138
(d) Cluster developments that meet the applicable low density requirements shall
transport stormwater runoff by vegetated conveyances to the maximum extent
practicable.
Amended 6-7-2011
Section 10 Stream Buffer Areas Required.
(a) Stream Buffer:
A minimum one hundred (100) foot vegetative buffer 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. Desirable artificial
stream bank or shoreline stabilization is permitted.
Amended 6-7-2011
(b) Development in Buffers:
No new development is allowed in the buffer, except that water
dependant structures, other structures such as flag poles, signs,
and security lights which result in only diminutive increases in
impervious area, and public works projects.
Section 11 Administration.
(a) Record keeping:
The zoning enforcement officer shall enforce the provisions of the
zoning ordinance as specified in Article X, Section 100. Within the
watershed overlay districts, he shall have the following additional
duties:
1. Submit copies of all amendments upon adoption to the
Supervisor of the Classification and Standards Group, Water
Quality Section, Division of Environmental Management;
2. Keep a record of variances and submit this record for each
calendar year to the Division of Water Quality on or before
January 1
st
of the following year and provide a description of
each project receiving a variance and the reasons for granting
the variance.
3. Keep records of the jurisdiction’s utilization of the provision that
a maximum of ten percent (10%) of the non-critical area of
Camp Sertoma and Tom’s Creek Watersheds (WS-II) may be
developed with non-residential development to a maximum of
seventy percent (70%) built-upon area;
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139
4. Calculate the following information for each watershed: the
total acres of non-critical area, total acres eligible to be
developed under the 10/70 option, and maintain individual
records for each project with the following information: location,
acres, site plan, and use; and,
5. Monitor land-use activities in the watershed to identify
situations that may threaten water quality, and shall report
these situations to the agency with direct regulatory responsible
for these activities.
(b) Appeals:
All appeals from the decision of the zoning enforcement officer shall
be submitted to the Board Of Adjustment (see Article XI, Section
112.1). Further, any appeals from the board of adjustment shall
be to the Superior Court within 30 days, not to the Stokes County
Board of Commissioners.
(c) Amendments:
All amendments to the watershed regulations shall be handled as
specified in Article XII. Under no circumstances shall the Stokes
County amend supplement or change the watershed regulations
that would cause the regulations to violate the watershed
protection rules as adopted by the N.C. Environmental
Management Commission. All amendments shall be filed with the
N.C. Division of Environmental Management, N.C. Division of
Environmental Health, and the N.C. Division of Community
Assistance.
(d) Watershed Variances:
1. The Board Of Adjustment shall handle minor variances as
specified in Article XI, Section 112.3.
Stokes County Zoning Ordinance
140
2. If a major variance (See definition) is requested, the board of
adjustment, after making a favorable decision in granting the
request, shall prepare a preliminary record of the hearing. The
preliminary record of the hearing shall include:
(a) the variance application;
(b) the hearing notices;
(c) the evidence presented;
(d) motions, offers of proof, objections to evidence, and rulings on them;
(e) proposed findings and exceptions;
(f) the proposed decision, including all conditions proposed to be added to the
permit.
The information shall be sent to the NC Environmental
Management Commission (EMC) for its review as follows:
The EMC shall review the preliminary record and determine
whether or not: (1) the request qualifies as a major variance; (2) the
property owner can secure no reasonable return from, nor make
any practical use of the property unless the proposed variance is
granted; and (3) the variance, if granted, will not result in a serious
threat to the water supply. Based on its findings the EMC shall
approve the variance as proposed or approve the proposed variance
with conditions and stipulations, or disapprove it. The EMC shall
prepare a decision and send it to the Stokes County Board of
Adjustment. This Board shall prepare a final decision, based on the
determination of the EMC.
3. In designated drinking water supply watersheds, the zoning
enforcement officer shall notify all jurisdictions within the
watershed of a proposed variance to the watershed regulations.
Local governments may submit any comments to the zoning
enforcement officer before the public hearing by the Stokes
County Board of Adjustment.
(e) Boundary Determination:
The watershed boundaries are delineated on Stokes County Zoning
Maps. Boundaries were drawn to avoid dividing tracts in single
ownership so some parts of a tract may be outside the watershed
or protected area. If a property owner can demonstrate his land
drains into another watershed or into the receiving stream below
the intake in the same watershed, the zoning enforcement officer
can exempt that specific area from the watershed regulations.
Stokes County Zoning Ordinance
141
Section 12 Adoption and Effective Date
This Article was duly adopted on December 7, l993 by the Stokes County Board of Commissioners
with an effective date of January 1, l994 and subsequently amended August 8, 1995, November
4, 1997 and June 7, 2011.
Stokes County Zoning Ordinance
142
Appendix-A Dimensional Requirements
Stokes County Zoning Ordinance
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Stokes County Zoning Ordinance
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Stokes County Zoning Ordinance
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Stokes County Zoning Ordinance
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Stokes County Zoning Ordinance
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For the following zoning districts please contact the Planning & Community
Development Department for the setback requirements:
R-15
R-8
RMF
MHP
CS
Stokes County Zoning Ordinance
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Appendix B
Wireless Telecommunication Requirements and Guidelines
Table of Contents
Wireless Telecommunications Facilities or Complexes......................................................148
Purpose and Legislative.......................................................................................................148
Severability..........................................................................................................................148
Definitions............................................................................................................................149
General Policies and Procedures for Applications under this Section.................................154
Responsible Party(s).............................................................................................................158
Application Fee....................................................................................................................159
Existing Facilities and Complexes.......................................................................................159
Certificate of Completion.....................................................................................................159
Exclusions............................................................................................................................160
Application Requirements for a New Tower or Support Structure or For a Substantial
Modification or Co-Location...............................................................................................160
Application Requirements for Eligible Facility Co-Locations or Modifications................166
Location of Wireless Telecommunications Facilities..........................................................169
Type and Height of Towers.................................................................................................171
Visibility and Aesthetics......................................................................................................172
Security................................................................................................................................173
Signage.................................................................................................................................173
Setback and Fall Zone..........................................................................................................173
Retention of Expert Assistance Cost to be Borne by Applicant..........................................174
Procedural Requirements for Granting a Conditional Zoning Permit.................................174
Action on a Application.......................................................................................................175
Extent and Parameters of Conditional Zoning Approval/Permit or Administrative
Authority for Wireless Telecommunications Facilities.......................................................176
Removal and Performance Security....................................................................................176
Reservation of Authority to Inspect Wireless Telecommunications Facilities...................177
Liability Insurance..............................................................................................................177
Indemnification...................................................................................................................178
Penalties..............................................................................................................................178
Default and/or Revocation..................................................................................................179
Removal or Moving of Co-located Facilities and Equipment............................................179
RF Emissions......................................................................................................................181
Relief...................................................................................................................................181
Adherence to State and/or Federal Rules and Regulations.................................................182
Conflict with Other Laws....................................................................................................182
Stokes County Zoning Ordinance
149
Wireless Telecommunications Facilities or Complexes
Purpose and Legislative Intent
1. The Telecommunications Act of 1996 affirmed the County of Stokes’ authority
concerning the placement, construction and Modification of Wireless
Telecommunications Facilities or Complexes. This ordinance provides for the safe
and efficient integration of Wireless Facilities or Complexes Necessary for the
provision of advanced wireless telecommunications services throughout the
community and to ensure the ready availability of reliable wireless services to the
public, government agencies and first responders, with the intention of furthering the
public safety and general welfare.
2. The County of Stokes finds that Wireless Telecommunications Facilities and
Complexes may pose significant concerns to the health, safety, public welfare,
character and environment of the County and its inhabitants. The County also
recognizes that facilitating the development of wireless service technology can be an
economic development asset to the County and of significant benefit to the County
and its residents. In order to assure that the placement, construction or Modification
of a Facility or Complex is consistent with the County’s land use policies, the County
utilizes a comprehensive Wireless Telecommunications Facility or Complex
application and permitting process. The intent of this Appendix is to minimize the
physical impact of Wireless Telecommunications Facilities on the community, protect
the character of the community to the extent reasonably possible, establish a fair and
efficient process for review and approval of applications, assure an integrated,
comprehensive review of environmental impacts of such facilities, and protect the
health, safety and welfare of the County of Stokes.
Severability
1. If any word, phrase, sentence, part, section, subsection, or other portion of this
Appendix or any application thereof to any person or circumstance is declared void,
unconstitutional, or invalid for any reason, then such word, phrase, sentence, part,
section, subsection, or other portion, or the proscribed Application thereof, shall be
severable, and the remaining provisions of this Appendix, and all applications thereof,
not having been declared void, unconstitutional, or invalid, shall remain in full force
and effect.
2. Any Conditional Zoning Permit issued pursuant to this Appendix shall be
comprehensive and not severable. If part of a permit is deemed or ruled to be invalid
or unenforceable in any material respect, by a competent authority, or is overturned
by a competent authority, the permit shall be void in total, upon determination by the
County.
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Definitions
For purposes of this Section, and where not inconsistent with the context of a particular
section, the defined terms, phrases, words, abbreviations, and their derivations shall have the
meaning given in this section. When not inconsistent with the context, words in the present
tense include the future tense, words used in the plural number include words in the singular
number and words in the singular number include the plural number. The word “shall” is
always mandatory, and not merely directory.
1. Accessory Facility or Structure: means an accessory facility or structure serving or
being used in conjunction with Wireless Telecommunications Facilities or
Complexes, including but not limited to utility or transmission equipment storage
sheds or cabinets.
2. Amend, Amendment and Amended: mean and shall relate to any change, addition,
correction, deletion, replacement or substitution, other than typographical changes of
no effect.
3. Applicant: means any Wireless service provider submitting an Application for a
Wireless Telecommunications Facility (ies).
4. Application: means all Necessary and required documentation that an Applicant
submits in order to receive a Conditional Zoning Permit or a Building Permit for
Wireless Telecommunications Facilities.
5. Antenna: means a system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
6. Board: means the Board of County Commissioners.
7. Board of Adjustment: means the Board established by adoption of the Stokes
County Zoning Ordinance. March 1, 1983.
8. Certificate of Completion or COC: means a required document issued by the
County that confirms that all work represented in the application i) was properly
permitted; ii) was done in compliance with and fulfilled all conditions of all permits,
including any final completion deadline; iii) was fully constructed as approved and
permitted; and iv) a final inspection was requested, conducted and the Facility or
Complex passed the final inspection.
9. Co-location: means the use of an approved telecommunications structure to support
Antenna for the provision of wireless services.
10. Commercial Impracticability or Commercially Impracticable: means the inability
to perform an act on terms that are reasonable in commerce, the cause or occurrence
of which could not have been reasonably anticipated or foreseen and that jeopardizes
the financial efficacy of the project. The inability to achieve a satisfactory financial
return on investment or profit, standing alone and for a single site, shall not deem a
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situation to be “commercially impracticable” and shall not render an act or the terms
of an agreement “commercially impracticable”.
11. Completed Application: means an Application that contains all necessary and
required information and/or data necessary to enable an informed decision to be made
with respect to an Application.
12. Complex: means the entire site or Facility, including all structures and equipment
located at the site.
13. Conditional Zoning Approval: means approved by the Stokes County Board of
Commissioners.
14. Conditional Zoning permit: means the actual permit issued for an approved
conditional zoning use by the Stokes County Planning & Community Development
Department.
15. County: means the County of Stokes
16. DAS or Distributive Access System: means a technology using antenna combining
technology allowing for multiple carriers or Wireless Service Providers to use the
same set of antennas, cabling or fiber optics.
17. Eligible Facility means an existing wireless tower or base station that involves
collocation of new transmission equipment or the replacement of transmission
equipment that does not constitute a Substantial modification.
18. FAA means the Federal Aviation Administration, or its duly designated and
authorized successor agency.
19. Facility means a set of wireless transmitting and/or receiving equipment, including
any associated electronics and electronics shelter or cabinet and generator.
20. FCC: means the Federal Communications Commission, or its duly designated and
authorized successor agency.
21. Height: means, when referring to a Tower or wireless support structure, the distance
measured from the pre-existing grade level to the highest point on the Tower or
structure, even if said highest point is an Antenna or lightening protection device.
22. Maintenance: means plumbing, electrical or mechanical work that may require a
building permit but that does not constitute a Modification to the WTF.
23. Modification or Modify: means, the addition, removal or change of any of the
physical and visually discernible components or aspects of a wireless Facility or
Complex with identical components, including but not limited to antennas, cabling,
equipment shelters, landscaping, fencing, utility feeds, changing the color or materials
of any visually discernible components, vehicular access, parking and/or an upgrade
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or change-out of equipment for better or more modern equipment. Adding a new
wireless carrier or service provider to an existing support structure or Tower as a co-
location is a Modification, unless the height, profile or size of the compound is
increased, in which case it is not a Modification.
24. Necessary or Necessity or Need: means what is technologically required for the
equipment to function as designed by the manufacturer and that anything less will
result in prohibiting the provision of service as intended and described in the narrative
of the Application. Necessary or Need does not mean what may be desired, preferred
or the most cost-efficient approach and is not related to an Applicant’s specific chosen
design standards. Any situation involving a choice between or among alternatives or
options is not a Need or a Necessity.
25. NIER: means Non-Ionizing Electromagnetic Radiation.
26. Person: means any individual, corporation, estate, trust, partnership, joint stock
company, association of two (2) or more persons having a joint common interest, or
any other entity.
27. Personal Wireless Facility: See definition for ‘Wireless Telecommunications
Facilities’.
28. Personal Wireless Services or PWS or Personal Telecommunications Service or
PTS: shall have the same meaning as defined and used in the 1996
Telecommunications Act.
29. Planning Board: means the Stokes County Planning Board.
30. Private Personal Tower: means any tower that transmits and receives radio signals
less than 90 ft. in height used for non-commercial purposes i.e. citizens band, short
wave, amateur, or other similar radio signals. Setbacks for such towers shall be at
least the height of the tower plus ten (10) percent of tower height from any property
line, highway right of way or transportation easement. Private personal towers are not
permitted in any required front yard setback.
31. Property: means the entire deeded and recorded land area on which a leased or
purchased area designated for the location of a wireless telecommunication facility.
32. Repairs and Maintenance: means the replacement or repair of any components of a
wireless Facility or Complex where the replacement is identical to the component
being replaced, or for any matters that involve the normal repair and maintenance of a
wireless Facility or Complex without the addition, removal or change of any of the
physical or visually discernible components or aspects of a wireless Facility or
Complex that will impose new visible burdens of the Facility or Complex as
originally permitted.
33. Stealth or Stealth Technology: means a design or treatment that minimizes adverse
aesthetic and visual impacts on the land, property, buildings, and other facilities
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adjacent to, surrounding, and in generally the same area as the requested location of
such Wireless Telecommunications Facilities, which shall mean building the least
visually and physically intrusive facility and Complex that is not technologically or
commercially impracticable under the facts and circumstances. Stealth technology
includes such techniques as DAS or its functional equivalent or camouflage where the
Tower is disguised to make it less visually obtrusive and not recognizable to the
average person as a Wireless Facility or Complex.
34. State: means the State of North Carolina. .
35. Structural Capability or Structural Capacity: means, notwithstanding anything to
the contrary in any other standard, code, regulation or law, up to and not exceeding a
literal 100% of the designed loading and stress capability of the support structure.
36. Substantial Modification: means a change or Modification that
a. increases the existing vertical height of the structure by the greater of (a) more
than ten percent (10%) or (b) the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet; or
b. except where necessary to shelter the antenna from inclement weather or to
connect the antenna to the tower via cable, adding an appurtenance to the body of
a wireless support structure that protrudes horizontally from the edge of the
wireless support structure the greater of (i) more than 20 feet or (ii) more than the
width of the wireless support structure at the level of the appurtenance; or
c. increases the square footage of the existing equipment compound by more than
2,500 square feet.
37. Telecommunications: means the transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic or
electromagnetic systems.
38. Telecommunications Site: See definition for Wireless Telecommunications
Facilities.
39. Telecommunications Structure: means a structure used to support equipment used
to provide wireless communications.
40. Temporary: means not permanent in relation to all aspects and components of this
Section, something intended to, and that does, exist for fewer than ninety (90) days.
41. Tower: means any structure designed primarily to support an antenna for receiving
and/or transmitting a wireless signal.
42. Wireless Telecommunications Facility or Facilities (WTF or WTFs) or Complex
means and includes a Telecommunications Site and Personal Wireless Facility
Site: It means a specific location at which a structure that is designed or intended to
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be used to house or accommodate antennas or other transmitting or receiving
equipment is located. This includes without limit, towers of all types and kinds and
support structures, including but not limited to buildings, church steeples, silos, water
towers, signs or other any other structure that is used or is proposed to be used as a
support structure for antennas or the functional equivalent of such. It expressly
includes all related facilities and equipment such as cabling, radios and other
electronic equipment, equipment shelters and enclosures, cabinets and other structures
associated with the complex used to provide, though not limited to, radio, television,
cellular, SMR, paging, 911, Personal Communications Services (PCS), commercial
satellite services, microwave services and any commercial wireless
telecommunication service not licensed by the FCC.
43. Written Authorization: means the official document or permit by which an applicant
is allowed to use existing Wireless Telecommunications Facilities, (ex. co-location)
as granted or issued by the county. This is an administrative procedure not requiring
Board action.
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General Policies and Procedures for Applications under this Section
In order to ensure that the placement, construction and Modification of a Facility or the
components of a Complex do not endanger or jeopardize the County’s health, safety, public
welfare, environmental features, the nature and character of the community and
neighborhood and other aspects of the quality of life specifically listed elsewhere in this
Section, the County hereby adopts an overall policy and related procedures with respect to
the submittal, review, approval and issuance of permits or Administratively granted authority
for Wireless Facilities for the express purpose of achieving the policies and goals set forth
herein:
1. A Conditional Zoning approval/permit for any new Complex, Facility or any
Substantial Modification of a Facility or Complex or for a Co-located Facility;
2. An Administrative approval and a properly issued Building Permit for any co-location
or Modification of a Facility or Complex that is not a Substantial Modification or Co-
location.
3. The implementation of an Application process and requirements;
4. The establishment of procedures for examining an Application and issuing a
Conditional Zoning permit or Administrative approval that is both fair and consistent;
5. The ability to promote and require wherever possible, the sharing and/or co-location
of support structures among service providers;
6. The ability to require, promote and encourage wherever possible, the placement,
height and quantity of a Facility or Complex in such a manner as to minimize the
physical and visual impact on the community, including but not limited to the use of
stealth technology.
7. The ability to require that a Facility and Complex shall be the least visually intrusive
among those options available in the County given the facts and circumstances.
8. The Board of County Commissioners is the officially designated agency or body of
the County to whom applications for a Conditional Zoning approval for a Facility or
Complex must be made, and that is authorized to make decisions with respect to all
aspects of Conditional Zoning applied for under this Section. The Board of
Commissioners may at its discretion delegate or designate other official agencies or
officials of the County or outside consultants to accept, review, analyze, evaluate and
make recommendations to the Board with respect to the granting or not granting a
Conditional Zoning application for Wireless Telecommunications Facilities.
9. All applications for new Wireless Telecommunications Facilities shall follow the
procedures for Conditional Zoning petitions as set forth in Article V, Section52,
(Procedures for Conditional Zoning Districts) and Article XIII , Section 132,
(Procedure for Obtaining Conditional Zoning) of this ordinance.
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10. There shall be a pre-application meeting for all intended applications. The pre-
application meeting may be held either on site, or telephonically as deemed
appropriate by the County or its designee. The purpose of the pre-application meeting
will be to address i) issues that will help to expedite the review; and permitting
process; and ii) certain issues or concerns the County or the Applicant may have.
11. If there has not been a prior site visit for the requested Complex within the previous
six (6) months a site visit shall be conducted.
12. An Applicant shall submit to the County the number of completed Applications
determined to be needed at the pre-application meeting. If Board action is required,
applications will not be transmitted to the Board for consideration until the
application is deemed complete.
13. If the proposed site is within two (2) miles of another jurisdiction, written notification
of the Application shall be provided to the legislative body of all such adjacent
jurisdictions as applicable and/or requested.
14. The owner(s) of the support structure to which antennas or related equipment are to
be attached must be an official Applicant of Record.
15. All Applicants shall closely follow the instructions for preparing an Application. Not
following the instructions without permission to deviate from such shall result in the
application being deemed incomplete and a tolling of the time allowed for action on
an Application until a Complete Application is received.
16. The Applicant shall be notified in writing of any deficiencies within forty-five days of
the submission of an Application as regards any deficiencies related to the
completeness of the Application. Remediation of deficiencies in an Application shall
be deemed an amendment of the Application that was received.
17. The County may deny applications not meeting the requirements stated herein or
which are otherwise not complete after proper notice and a reasonable opportunity to
make the Application complete has been afforded.. Applications will be deemed
abandoned if left incomplete for more than ninety (90) days after the date of notice of
incompleteness.
18. No work of any kind on a Facility or Complex shall be started until the Application is
reviewed and the Board of Commissioners has granted Conditional Zoning approval
if applicable and a Building Permit has been issued.
19. Any and all representations made by the Applicant or that are made in support of the
Application shall be deemed to be on the record, whether written or verbal, and shall
be deemed to have been relied upon in good faith by the County. Any verbal
representation shall be treated as if it were made in writing.
20. Other than to remediate non-compliant situations related to matters of safety or the
conditions of a permit, no permits for work at a Facility or Complex shall be issued
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where the Facility or Complex is not in full compliance with all applicable local, state
and federal laws, rules, regulations and orders. A Facility or Complex not in full
compliance with this Section shall be required to be brought into full compliance
before any permit of any kind will be issued.
21. An Application shall be signed on behalf of the Applicant(s) by a person vested with
the authority to bind and commit the Applicant attesting to the truthfulness,
completeness and accuracy of the information presented
22. The Applicant must provide documentation to substantiate that it has the right to
proceed as proposed on the site or at the Complex in the form of an executed copy of
the lease with the landowner or landlord or a signed letter of agency granting
authorization. If the applicant owns the site or Complex, a copy of the ownership
record is required.
23. Applications shall include written commitment statements to the effect that:
1) the applicant’s Facility or Complex shall at all times and without exception be
maintained in a safe manner, and in compliance with all conditions of all permits, as
well as all applicable and permissible local codes, ordinances, and regulations and all
applicable County, State and Federal Laws, rules, and regulations, unless specifically
granted relief by the Commission in writing;
2) the construction of the Facility or Complex is legally permissible, including, but
not limited to the fact that the Applicant is licensed to do business in the State.
24. Where a certification is called for in this section, such certification shall bear the
signature and seal of a Professional Engineer licensed in the State.
25. A support structure and any and all accessory or associated structures shall maximize
the use of building materials, colors and textures designed to blend with the structure
to which it may be affixed and to harmonize with the natural surroundings. This shall
include the utilization of stealth or camouflage or concealment technology as may be
required by the County.
26. All utilities at a Complex or site shall be installed underground and in compliance
with all Laws, ordinances, rules and regulations of the County, including specifically,
but not limited to applicable electrical codes.
27. At a Facility or Complex needing vehicular access, an access road, parking and turn
around space for emergency vehicles shall be provided to assure adequate emergency
and service access. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all times minimize
ground disturbance and the cutting of vegetation. Road grades shall closely follow
natural contours to assure minimal visual disturbance and reduce soil erosion. If the
current access road or turn around space is deemed in disrepair or in need of remedial
work to make it serviceable and safe and in compliance with any applicable
regulations as determined at a site visit, the Application shall contain a commitment
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to remedy or restore the road or turn around space so that it is serviceable and safe
and in compliance with applicable regulations.
28. All work at a Facility or Complex shall be done in strict compliance with all current
applicable technical, safety and safety-related codes adopted by the County, State, or
United States, including but not limited to the most recent edition of the TIA ANSI
Code, National Electric Safety Code, the National Electrical Code and the
Occupational and Safety and Health Administration (OSHA) regulations,
recommended practices of the National Association of Tower Erectors and accepted
and responsible workmanlike industry practices. The codes referred to are the codes
that include, but are not limited to, construction, building, electrical, fire, safety,
health, and land use codes. In the event of a conflict between or among any of the
preceding the more stringent shall apply.
29. A holder of a Conditional Zoning approval or Administratively granted authority
granted under this Section shall obtain, at its own expense, all permits and licenses
required by applicable law, ordinance, rule, regulation or code, and must maintain the
same, in full force and effect, for as long as required by the County or other
governmental entity or agency having jurisdiction over the applicant.
30. Unless such is proven to be technologically impracticable, the County requires the co-
location of new antenna arrays on existing structures, as opposed to the construction
of a new complex or support structure or increasing the height, footprint or profile of
a facility or complex beyond the conditions of the approved Conditional Zoning
permit for an existing facility or complex. In instances not qualifying for the
Streamlined process the Applicant shall submit a comprehensive report inventorying
all existing structures more than fifty feet (50’) in height within one-half (1/2) mile of
the location of any proposed new Facility or Complex.
31. An Applicant intending to co-locate on or at an existing facility or complex shall be
required to document the intent of the existing owner to permit its use by the
Applicant.
32. Co-located equipment shall consist only of the minimum antenna array
technologically needed to provide service primarily and essentially within the County,
to the extent practicable, unless good cause is shown in the form of clear and
convincing evidence.
33. DAS systems that are owned or operated by a commercial carrier and are part of a
commercial wireless system, or are used for commercial purposes, are expressly
included in the context of this Section, regardless of the location or whether the
Facility or any of its components is located inside or outside a structure or building.
34. The existence of a lease or an option to lease shall not be deemed justification for not
complying with the siting priorities set forth in this Section. An applicant may not by-
pass sites of higher priority solely because the site proposed is under lease or an
option to lease exists. If a site other than the number (1) one priority is proposed, the
applicant must explain to the reasonable satisfaction of the County why co-location is
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technically or commercially impracticable. Build-to-Suit agreements between carriers
and a proposed tower owner shall not be a valid basis for any claim of exemption,
exception or waiver from compliance with this Section.
35. New towers or other support structures shall be prohibited in Residential Districts,
Historic Districts, and areas officially deemed to be visual or scenic sensitive areas,
unless the Applicant provides clear and convincing technical evidence demonstrating
that:
a. a new Tower as proposed is Necessary
b. that the intended area cannot be served from outside the District or sensitive area
c. that no existing or previously approved Facility or Complex can reasonably be
used to serve the intended area within the County
d. that not to permit a new Tower would result in or would preclude eliminating a
significant gap in service.
Responsible Party(s)
The owner(s) of a Facility or Complex, any support structure used to accommodate wireless
Facilities, and of the land upon which a Facility support structure or Complex is located, shall
at all times be jointly and severally responsible for: (1) the physical and safe condition of the
Facility or Complex, support structure and all components on the site related to the Facility or
Complex; (2) assuring that all activities of owners, users, or lessees occurring on the site, and
all components on the site related to the Facility or Complex, are at all times in compliance
with all applicable laws, ordinances, rules, regulations, orders, and permits related to the
Facility or Complex; and (3) assuring the proper permitting as required by this Article and
other County regulations by all lessees and users of the Facility or Complex, including but
not limited to any upgrades and/or Modifications of equipment. Said owner(s) shall regularly
and diligently monitor activities at the site to assure that the Facility or Complex is operated
in compliance with this Ordinance, other County regulations, and any Conditional Zoning
Permit.
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Application Fee
All fees and charges, including but limited to Application fees, Expert Assistance fees,
Inspection fees and Permit fees, shall be as set forth in the County’s Schedule of Fees.
Existing Facilities and Complexes
1. Any legally permitted Facility, Tower or other support structure or Complex that
exists on the effective date of this Section shall be allowed to continue as it presently
exists, provided that:
a. all work was properly permitted
b. the Facility or Complex is in compliance with all applicable local, State and
federal laws, rules regulations, orders and permit conditions
c. a Certificate of Completion (COC) was issued for the most recent work performed
2. Any work not properly previously permitted prior to the adoption of this Section must
be permitted within ninety (90) days of the effective date of this Section.
3. Any Substantial Co-location or Modification of a Facility, Tower or other support
structure or Complex, must be permitted under this Section and will require the entire
Facility or Complex and any new Co-location or Modification to comply with this
Section, including obtaining a valid COC.
4. Any proposed Eligible Facility shall not require a permit granted under this Section,
but shall be required to obtain a Building Permit and a Certificate of Completion.
Certificate of Completion
1. No work shall be allowed to be done at or on any Facility or Complex, excepting
normal repair and maintenance work as defined in this Section, for which the owner
cannot produce the COC for the most recent work, until a final inspection has been
conducted and a COC has been issued. If the Facility or Complex does not pass the
initial final inspection, the owner shall be required to pay for any subsequent re-
inspection fees prior to the inspection being conducted. A passing final inspection is
required prior to the issuance of a COC.
2. If no COC can be produced for previously done work, the COC may be withheld until
the Facility or Complex is compliant and the required information is provided and a
final inspection has been performed.
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Exclusions
The following shall be exempt from this Section:
1. Any facilities expressly exempt from the County’s zoning, land use, siting, building
and permitting authority.
2. The area located between the 185 ft and 199 ft. elevation situated on the county
owned tower located on Booth Mountain, (1429 Mounce Rd., Walnut Cove, NC
27052) leased by Cellco Partnership D/B/A Verizon Wireless.
3. Any reception or transmission devices expressly exempted under the
Telecommunications Act of 1996.
4. A Facility used exclusively for private, non-commercial radio and television reception
and private citizen’s bands, licensed amateur radio and other similar non-commercial
Telecommunications that is less than 90ft above ground.
5. Facilities used exclusively for providing unlicensed spread spectrum technologies
where:
a. there is no charge for the use of the wireless service
b. the Facility or Complex does not require a new Tower or increase the height of
the structure being attached to
c. the service is not intended to be useable more than one-hundred feet (100’) from
the Antenna(s).
Application Requirements for a New Tower or Support Structure or For a Substantial
Modification or Co-location
1. All Applicants for Conditional Zoning approval for a new Wireless Facility or
Complex, including for a new Tower or other support structure or that constitutes a
Substantial Modification, shall comply with the requirements set forth in this Section.
In addition to the required information set forth in this Section, all applications for the
construction or installation of new Facility or Complex shall contain the information
hereinafter set forth prior to the issuance of a Building Permit.
A. Ownership and Management
1. The Name, address and phone number of the person preparing the
Application;
2. The Name, address, and phone number of the property owner and the
Applicant, including the legal name of the Applicant. If the owner of the
structure is different than the applicant, the name and all Necessary contact
information shall be provided;
3. The Postal address and tax map parcel number of the property;
4. A copy of the FCC license applicable for the intended use(s) of the Wireless
Telecommunications Facilities, including all FCC licensed frequency bands;
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5. The Applicant shall disclose in writing any agreement in existence that would
limit or preclude the ability of the Applicant to share any new
Telecommunication Tower that it constructs or has constructed for it;
B. Zoning and Planning
1. The Zoning District or designation in which the property is situated;
2. The size of the property footprint on which the structure to be built or attached
is located, stated both in square feet and lot line dimensions, and a survey
showing the location of all property lines;
3. The location, size and height of all existing and proposed structures,
enclosures and cabinets on the property on which the structure is located and
that are related to the subject of the Application;
4. A site plan to scale, not a hand drawn sketch, showing the footprint of the
Support Structure and the type, location and dimensions of access drives,
landscaping and buffers, fencing and any other requirements of site plans;
5. Elevation drawings showing the profile or the vertical rendition of the Tower
or support structure at the Facility or Complex and identifying all existing and
proposed attachments, including the height above the existing grade of each
attachment and the owner or operator of each, as well as all lighting;
6. The type and design of the Tower or support structure, the number of antenna
arrays proposed to be accommodated and the basis for the calculations of the
Tower’s or support structure’s capacity to accommodate the required number
of antenna arrays for which the structure must be designed;
7. Disclosure in writing of any agreement in existence prior to the submission of
the Application that would limit or preclude the ability of the Applicant to
share any new Telecommunication Tower that it constructs.
8. A certified statement of:
a. the total cost of construction for the work associated with the Application
b. the total cost of all equipment of the Applicant at the Facility. To verify
the accuracy of the information, the County reserves the right to require
copies of applicable invoices or other clear and convincing corroborating
evidence.
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C. Safety
1. The age of the Tower or support structure and Complex stated in years,
including the date of the grant of the original permit; A description of the type
of Tower, e.g. guyed, self-supporting lattice or monopole, or other type of
support structure;
2. A dated and signed copy of the last valid Certificate of Compliance for the last
previously permitted work.
3. The make, model, type and manufacturer of the Tower and the structural
design analysis and report, including the calculations, certified by a
Professional Engineer licensed in the State and proving the Tower or support
Structure’s capability to safely accommodate the Facilities of the Applicant
without change or Modification .
4. If a Substantial Co-location, change or Modification of a Facility or Complex
is needed, a detailed narrative explaining what changes are needed and why
they are needed;
5. A complete, unredacted copy of the foundation design and report for the
Tower or other structure, including a geotechnical sub-surface soils
investigation report and foundation design;
6. If Substantially Modifying or Co-locating on an existing Tower or other
support structure, a complete, unredacted and certified TIA ANSI 222 Report
regarding the physical condition of the Complex and its components done
within the previous six (6) months. If such report has not been done within the
previous six (6) months, one shall be done and submitted as part of the
Application. No Building Permit shall be issued for any Wireless Facility or
related equipment where the structure being attached to is in need of
remediation to comply with the requirements of this subsection and other
adopted standards of the County, unless and until all remediation work that is
deemed needed has been completed or a schedule for the remediation work
has been approved by the Stokes County Planning & Community
Development Department.
7. In an instance involving a Tower with only a single array of antennas, or for
the first antenna array to be attached to a Tower where the array will be ten
(10) meters (approx. 33 ft.) or more above ground level and not within 100
feet of areas to which the public has or could reasonably have or gain access
to, signed documentation in the form of the FCC’s “Checklist to Determine
whether a Facility may be Categorically Excluded” shall be provided to verify
that the Facility and Complex with the proposed installation will be in full
compliance with the FCC’s current RF Emissions regulations;
8. In certain instances the County may deem it appropriate to have an on-site RF
survey of the Facility or Complex done after the construction or modification
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and activation of the Facility or Complex, such to be done under the direction
of the County or its designee, and an un-redacted copy of the survey results
provided, along with all calculations, prior to issuance of a Certificate of
Compliance;
9. If not previously submitted, a signed statement that the Applicant will
expeditiously remedy any physical or RF interference with other
telecommunications or wireless devices or services.
2. A written copy of an analysis completed by a qualified individual or organization to
determine if the proposed Wireless Telecommunications Facility or Complex is in
compliance with Federal Aviation Administration Regulation Part 77, and if it
requires lighting. Unless already lighted, this requirement shall also be for any
Facility or Complex where the application proposes to increase the height of the
Tower or support structure. If this analysis determines that an FAA determination is
required, then all filings with the FAA, all responses from the FAA and any related
correspondence shall be provided with the application.
3. All Applications for a proposed Facility or Complex applicable to this Section shall
contain clear and convincing evidence that the Facility or Complex is sited and
designed so as to create the least visual intrusiveness reasonably possible given the
facts and circumstances involved, and thereby will have the least adverse visual effect
on the environment and its character, on existing vegetation, and on the nature and
character of the community in the area of the Facility or Complex. To achieve this
goal the County expressly reserves the right to require the use of Stealth or
Camouflage siting techniques such as, but not limited to, DAS (Distributive Antenna
System technology) or its functional equivalent and such shall be subject to approval
by the County Commissioners.
4. If proposing a new Tower or support structure, or a Substantial Co-location or
Modification of an existing structure, the Applicant shall be required to submit clear
and convincing evidence that there is no alternative solution within one-half (1/2)
mile of the proposed site that would be less visually intrusive and that not to permit
the proposed new Tower or support structure, or a Substantial Co-location or
Modification would result in the prohibition of service or the perpetuation of a
significant gap in service primarily within the County.
5. In order to better inform the public, in the case of a new Tower, the applicant shall
hold a “balloon test” prior to the initial public hearing on the application. The
Applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a ten
(10) foot in length brightly colored balloon at the maximum height of the proposed
new Tower.
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6. At least fourteen (14) days prior to the balloon test, a sign shall be erected so as to be
clearly visible from the road nearest the proposed site and shall be removed no later
than fourteen (14) days after the conduct of the balloon test. The sign shall be at least
four feet (4’) by eight feet (8’) in size and shall be readable from the road by a person
with 20/20 vision.
a. Such sign shall be placed off, but as near to, the public right-of-way as is possible.
b. Such sign shall contain the times and date(s) of the balloon test and contact
information.
c. The dates, (including a second date, in case of poor visibility or wind in excess of
15 mph on the initial date) times and location of this balloon test shall be advertised
by the Applicant seven (7) and fourteen (14) days in advance of the first test date
in a newspaper with a general circulation in the County and as agreed to by the
County. The Applicant shall inform the County in writing, of the dates and times of
the test, at least fourteen (14) days in advance. The balloon shall be flown for at
least four (4) consecutive hours between 10:00 am and 2:00 p.m. on the dates
chosen. The primary date shall be on a week-end, but the second date, in case of
poor visibility on the initial date, may be on a week day. A report with pictures
from various locations of the balloon shall be provided with the application.
d. The Applicant shall notify all property owners and residents located within one-
thousand five hundred feet (1,500) of the nearest property line of the subject
property of the proposed construction of the Tower and Facility or Complex and of
the date(s) and time(s) of the balloon test. Such notice shall be provided at least
fourteen (14) days prior to the conduct of the balloon test and shall be delivered by
first-class mail.
e. The Wireless Telecommunications Facility or Complex shall be structurally
designed to accommodate at least four (4) Antenna Arrays, with each array to be
flush mounted or as close to flush-mounted as is reasonable possible.
7. The Applicant shall provide certified documentation in the form of a structural
analysis and report, including all calculations, showing that the Facility or Complex
will be constructed to meet all local, state and federal structural requirements for
loads, including wind and ice loads and including, but not limited to all applicable
ANSI (American National Standards Institute) TIA 222 guidelines. In the event of a
conflict the more stringent shall apply.
8. All Applications for a proposed Facility or Complex submitted under this section
shall contain clear and convincing evidence that the Facility or Complex is sited and
designed so as to create the least visual intrusiveness reasonably possible given the
facts and circumstances involved, and thereby will have the least adverse visual effect
on the environment and its character, on existing vegetation, and on the community in
the area of the Facility or Complex. The County expressly reserves the right to require
the use of Stealth or Camouflage siting techniques such as, but not limited to, DAS
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(Distributive Antenna System technology) or its functional equivalent to achieve this
goal and such shall be subject to approval by the Commission.
9. The Applicant shall furnish a Visual Impact Assessment, which shall include:
a. a computer generated “Zone of Visibility Map” at a minimum of one mile radius
from the proposed structure shall be provided to illustrate locations from which
the proposed installation may be seen, with and without foliage;
b. Pictorial representations (photo simulations) of “before and after” views from key
viewpoints inside of the County as may be appropriate and required, including but
not limited to state highways and other major roads, state and local parks, other
public lands, historic districts, preserves and historic sites normally open to the
public, and from any other location where the site is visible to a large number of
visitors, travelers or residents. Guidance will be provided concerning the
appropriate key viewpoints at the pre-application meeting. In addition to
photographic simulations to scale showing the visual impact, the applicant shall
provide a map showing the locations of where the pictures were taken and the
distance(s)of each location from the proposed structure;
10. The Applicant shall provide a description in writing and a visual rendering
demonstrating how it shall effectively screen from view the bottom fifteen feet (15’)
of the Facility or Complex and all related equipment and structures associated with
the Facility or Complex.
11. A Building Permit shall not be issued for construction of a new Tower or other
support structure until there is an Application for or by a specific carrier that
documents that the Facility or Complex is Necessary for that carrier to serve the
community and that co-location on an existing Structure is not feasible.
12. Co-location on an existing structure is not reasonably feasible if co-location is
technically or commercially impractical or the owner of the Structure is unwilling to
enter into a contract for such use at fair market value. Sufficient documentation in the
form of clear and convincing evidence to support such claims shall be submitted with
an Application for the first carrier in order to determine whether co-location on
existing structures is reasonably feasible and to document the need for a specific
stated height, and that less height will serve to prohibit or have the effect of
prohibiting the provision of service.
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Application Requirements for Eligible Facility Co-locations or Modifications
1. No Conditional Zoning approval shall be required for an Eligible Facility. However, a
Building Permit, a COC and all other applicable permits and authorizations shall be
required. The following represent the County’s policy(s) regarding Eligible Facilities.
2. The County shall not be required to issue a Building Permit for any Eligible Facility,
the service area for which is not primarily and substantially within the County.
3. Attachments to Buildings: To preserve and protect the nature and character of the area
and create the least visually intrusive impact reasonably possible under the facts and
circumstances, any attachment to a building or other structure with a fascia, the
antennas shall be flush-mounted on the facie without increasing the height of the
building or other structure, unless it can be proven that such will prohibit or have the
effect of prohibiting the provision of service, and all such attachments and exposed
cabling shall use camouflage or stealth techniques to match as closely as possible the
color and texture of the structure.
4. Attachments to Towers: So as to be the least visually intrusive reasonably possible
given the facts and circumstances involved, and thereby have the least adverse visual
effect, all antennas attached to a Tower or other structure shall be flush mounted or as
near to flush mounted as is possible so as to create the smallest profile reasonably
possible under the facts and circumstances, unless it can be proven that such would
prohibit or serve to prohibit the provision of service or be technologically
impracticable.
5. Attachments to Water Tanks: If attaching to a water tank, in order to maintain the
current profile and height, mounting on the top of the tank or the use of a corral shall
only be permitted if the Applicant can prove that to locate elsewhere less visually on
the tank will prohibit or have the effect of prohibiting the provision of service.
6. Structural Analysis and Report: The Applicant shall provide a certification by a
Professional Engineer licensed in the State, along with documentation in the form of a
structural analysis, including calculations, that prove that the support structure and its
foundation as proposed to be utilized are designed and were constructed to meet all
local, County, State, Federal and TIA ANSI 222 structural requirements for loads,
including wind and ice loads and the placement of any equipment on the roof a
building after the addition of the proposed new equipment.
7. ANSI Inspection: A complete, unredacted TIA ANSI 222 Report regarding the
physical condition of the Facility or Complex and its components done within the
previous six (6) months. If such report has not been done within the previous six (6)
months, one shall be done and submitted as part of the Application. No Building
Permit shall be issued for any Wireless Facility or related equipment where the
structure being attached to is in need of remediation to comply with the requirements
of this subsection and other adopted standards of the County, unless and until all
remediation work that is deemed needed has been completed or a schedule for the
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remediation work has been approved by the Stokes County Planning & Community
Development Department.
8. Compliance: Other than to remediate non-compliant situations related to matters of
safety or the conditions of a permit, no permits for work at a Facility or Complex
shall be issued for any work related to an Eligible Facility where the Facility and
Complex are not in full compliance with all applicable local, State and federal laws,
rules, regulations and orders. A Facility and Complex not in full compliance shall be
required to be brought into full compliance before a Building Permit will be issued for
work related to an Eligible Facility request or application. To enable the County to
comply with the required time frames under applicable law, at all times and under all
circumstances it shall be the responsibility of the Applicant to provide the required
information, correctly and accurately, in a timely manner. Any information provided
later than one (1) week prior to the deadline(s) for County action under applicable law
shall automatically toll the time for the County to Act for thirty (30) days.
9. The following information shall accompany an application for a Building Permit for
an Eligible Facility.
a. A detailed narrative description and explanation of the specific objective(s) of the
new equipment, expressly including and explaining the purpose of such, such as
coverage and/or capacity, technical requirements, and the identified boundaries of
the specific geographic area of intended coverage;
b. Technical documentation that shows by clear and convincing technical evidence
that the service will be to serve primarily and essentially within the County.
c. All of the modeling information (i.e. data) inputted into the software used to
produce the evidence required under the immediately preceding Subsection shall
include all modeling information used to produce the evidence and any
assumptions made such as ambient tree height;
d. A copy of the FCC license for each frequency band applicable for the intended
use of the Wireless Telecommunications Facility;
e. The frequency, modulation and class of service of radios or other transmitting
equipment;
f. The maximum transmission power capability at which all of the radios are
designed to operate, or the maximum transmission power capability, as designed,
of all transmission facilities;
g. The actual intended transmission power stated as the maximum effective radiated
power (ERP), both in dBm’s and watts;
h. The number, type and model of the Antenna(s) proposed, along with a copy of the
specification sheet(s) for the antennas;
i. A statement from the owner of the Complex certifying that the Complex and all
components thereof are currently in compliance with the conditions of an
approved permit or setting forth any non-compliant situation.
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Ownership and Management
j. The Name, address and phone number of the person preparing the Application;
k. The Name, address, and phone number of the property owner and the Applicant,
including the legal name of the Applicant. If the owner of the structure is different
than the applicant, the name and all Necessary contact information shall be
provided;
l. The Postal address and tax map parcel number of the property;
m. A copy of the FCC license applicable for the intended use of the Wireless
Telecommunications Facilities.
Safety
n. the age of the Tower or other Non-Building support structure in years, including
the date of the grant of the original permit;
o. a description of the type of Tower, e.g. guyed, self-supporting lattice or monopole,
or a description of the other type of support structure;
p. a structural design analysis and report, including the supporting calculations,
certified by a Professional Engineer licensed in the State and proving the Tower or
other support structure’s capability to safely accommodate the equipment of the
Applicant. For the purposes of determining structural adequacy, no support
structure of any kind may exceed a literal one hundred percent (100%) of its
designed loading and stress capability;
q. if a change or Modification of a Facility or Complex is needed whereby the
height, profile or size of the Facility or Complex is increased, a detailed narrative
explaining what changes are needed and why they are needed, along with clear
and convincing technical evidence of the need;
r. a copy of the installed foundation design, including a geotechnical sub-surface
soils investigation report and foundation As-Built design for the Tower or other
Non-Building structure;
s. In an instance involving a Tower with only a single array of antennas, or for the
first antenna array to be attached to a Tower, where the antennas will be ten (10)
meters,(approx. 33 ft.) or more above ground level and not within 100 feet of
areas to which the public has or could reasonably have or gain access to, signed
documentation in the form of the FCC’s “Checklist to Determine whether a
Facility may be Categorically Excluded” shall be provided to verify that the
Facility and the Complex with the proposed installation will be in full compliance
with the current FCC’s RF Emissions regulations;
t. In certain instances the County may deem it appropriate to have an on-site RF
survey of the Facility and Complex done after the construction or Modification
and activation of the Facility, such to be done under the direction of the County or
its designee, and an un-redacted copy of the survey results provided, along with
all calculations, prior to issuance of a Certificate of Compliance;
u. A signed statement that the Applicant will expeditiously remedy any physical or
RF interference with other telecommunications or wireless devices or services.
v. A written copy of an analysis, completed by a qualified individual or organization,
to determine if the proposed Wireless Telecommunications Facility and Complex
are in compliance with Federal Aviation Administration Regulation Part 77 and if
it requires lighting. Unless already lighted, this requirement shall also be for any
Facility or Complex where the application proposes to increase the height of the
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Facility or Complex. If this analysis determines that an FAA determination is
required, then all filings with the FAA, all responses from the FAA and any
related correspondence shall be provided with the application.
w. A complete, unredacted TIA ANSI 222 Report regarding the physical condition of
the Complex and its components done within the previous six (6) months. If such
report has not been done within the previous six (6) months, one shall be done and
submitted as part of the Application. No Building Permit shall be issued for any
Wireless Facility or related equipment where the structure being attached to is in
need of remediation to comply with the requirements of this subsection and other
adopted standards of the County, unless and until all remediation work that is
deemed needed has been completed or a schedule for the remediation work has
been approved by the Stokes County Planning & Community Development
Department.
Location of Wireless Telecommunications Facilities
Applicants shall locate, site and erect all Facilities and associated equipment in accordance
with the following priorities, in the following order:
a. On existing structures without increasing the height of the tower or structure.
b. On County-owned properties or facilities.
c. On existing structures without increasing the height of the structure by more than
is technically needed.
d. On properties in areas zoned for commercial or industrial use.
e. On properties in areas zoned for agricultural use.
f. On properties in areas zoned for residential use without increasing the height of
the support structure and only if camouflaged or stealth technology is utilized to
the satisfaction of the Board of Commissioners.
g. On properties in designated Historic Districts.
1. If the proposed site is not proposed for the highest priority listed above, then a
detailed narrative and technical explanation must be provided as regards why a site
from all higher priority designations was not selected. The person seeking such an
exception must satisfactorily demonstrate the reason or reasons why a Conditional
Zoning approval or Administrative Authorization should be granted for the proposed
site.
2. Notwithstanding anything else to the contrary, the County may approve any site
located within an area in the above list of priorities, provided that the County finds
that the proposed site is in the best interest of the health, safety and welfare of the
County and its inhabitants and will not have a deleterious effect on the nature and
character of the community and neighborhood. Conversely, the County may direct
that the proposed location be changed to another location that is more in keeping with
the goals of this section and the public interest as determined by the County and that
serves the intent of the applicant.
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3. Notwithstanding that a potential site may be situated in an area of highest priority or
highest available priority, the County may disapprove an Application for any of the
following reasons:
a) Conflict with safety and safety-related codes and requirements, including but not
limited to setback and Fall Zone requirements;
b) Non-Compliance with zoning or land use regulations;
c) The placement and location of Facilities which would create an unacceptable
safety risk to residents or the general public, employees and agents of the County
or employees of the service provider or other service providers, physical or
financial damage to or trespass on private property, or the reasonable possibility
of such;
d) The placement and location of a Facility or Complex would result in a conflict
with, compromise in or change in the nature or character of the adjacent
surrounding area, and expressly including but not limited to loss in value as
measured from the end of calendar year prior to the Application having been
filed;
e) Conflicts with the provisions of this Section;
f) Failure to submit a complete application as required under this section, after
proper notice and opportunity to make the application complete.
4. No tower shall be located within an adopted view shed protection zone as indicated on
the adopted maps. This shall include:
a. A one (1) mile exclusionary area around Hanging Rock State Park.
b. The area around Brown Mountain measured 500 feet down from the ridge top.
The location of any tower proposed within the two (2) and three (3) mile view shed
protection zone shall be reviewed by the Hanging Rock Advisory Board for a
recommendation to the Planning Board and Board of Commissioners.
5. No new tower shall be permitted to be constructed within two (2) miles of an existing
tower or structure that has room for at least one (1) occupant, unless it can be proven
that the existing tower or structure will not enable the gap in service to be filled, either
in whole or in part, and that a new tower is needed.
6. Notwithstanding anything to the contrary in this section, for good cause shown such
as the ability to utilize a shorter, smaller or less intrusive Facility or Complex
elsewhere and still accomplish the primary service objective, the County may require
the relocation of a proposed site, including allowing for the fact that relocating the site
chosen by the applicant may require the use of more than one (1) site to provide
substantially the same service if the relocation could result in a less intrusive Facility
or Complex, singly or in combination with other locations.
Type and Height of Towers
1. All new Towers shall be of the monopole type. No new Towers of a lattice or guyed
type shall be permitted, unless relief is otherwise expressly granted.
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2. Based on the 1996 Telecommunications Act and subsequent case law related to the
right to deny an application for cause, the Applicant for a new Tower shall submit
clear and convincing technical evidence by a carrier or wireless service provider
justifying the total height of the proposed Tower or other support structure requested
and the basis therefore, including all attachments. If the Applicant chooses to provide
evidence in the form of propagation studies, such must include all modeling
information and support data used to produce the studies at the requested height and a
minimum of ten feet (10’) lower to enable verification of the Need for the requested
height.
3. Based on the 1996 Telecommunications Act and subsequent case law related to the
right to deny an application for cause, the County reserves the right to require a drive
test to be conducted under the supervision of the County or its delegate as evidence of
the technical Need for what is requested.
4. As the County has made the policy decision that more Facilities of a shorter height is
in the public interest, as opposed to fewer taller Facilities, spacing or the distance
between Facilities shall be such that the service can be provided without exceeding
the maximum permitted height.
5. The maximum permitted total height of a tower or other proposed support structure
shall be one hundred ninety nine feet (199’) above pre-construction ground level,
unless it can be shown by clear and convincing technical evidence that such height
would prohibit or have the effect of prohibiting the provision of service in the
intended service area within the County.
6. At no time shall a Tower or other support structure be of a height that requires
lighting by the FAA.
7. Towers shall be structurally designed to support a minimum of four (4) carriers using
functionally equivalent equipment to that used by the first carrier attaching to a Tower
or other support structure and that can be increased in height if needed.
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Visibility and Aesthetics
1. No Tower or support structure that is not a building and is constructed after the
effective date of this Section shall be tall enough to require lighting by the FAA.
2. Stealth: All new Facilities, including but not limited to Towers, shall utilize Stealth or
Camouflage siting techniques, unless such can be shown to be either commercially or
technologically impracticable.
3. Finish/Color: Towers shall be galvanized and/or painted with a rust-preventive paint
of an appropriate color to harmonize with the surroundings and shall be maintained in
accordance with the requirements of this Section.
4. Lighting: Notwithstanding the prohibition of lighting, in the event lighting is
subsequently required by the FAA, the Applicant shall provide a detailed plan for
sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under
State and Federal regulations. For any Facility or Complex for which lighting is
required under the FAA’s regulations, or that for any reason has lights attached, all
such lighting shall be affixed with technology that enables the light to be seen as
intended from the air, but that prevents the ground scatter effect so that it is not able
to be seen from the ground to a height of at least 20 degrees vertical for a distance of
at least 1 mile in a level terrain situation. Such device shall be compliant with or not
expressly in conflict with FAA regulations. A physical shield may be used, as long as
the light is able to be seen from the air, as intended by the FAA.
5. Retrofitting: In the event a Tower or other support structure that is lighted as of the
effective date of this Section is modified, at the time of the Modification, the County
may require that the Tower be retrofitted so as to comply with the lighting
requirements of this Section or be reduced to a height that does not require lighting.
6. Flush Mounting: Except for Omni-directional whip antennas, all new or replacement
antennas, shall be flush-mounted or as close to flush-mounted on the support structure
as possible, unless it can be demonstrated by clear and convincing technical evidence
that such has the effect of prohibiting the provision of service to the intended service
area, alone or in combination with another site(s), or unless the Applicant can prove
that it is technologically impracticable.
7. Placement on Building: If attached to a building, all antennas shall be mounted on the
fascia of the building and camouflaged so as to match the color and, if possible, the
texture of the building, or in a manner so as to make the antennas as visually
innocuous and undetectable as is possible given the facts and circumstances involved.
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Security
All Facilities shall be located, fenced or otherwise secured in a manner that prevents
unauthorized access. Specifically:
1. All Facilities, including Antennas, Towers and other supporting structures, such as
guy anchor points and guy wires, shall be made inaccessible to unauthorized
individuals and shall be constructed or shielded in such a manner that they cannot be
climbed or collided with; and
2. Transmitters and Telecommunications control points shall be installed so that they are
readily accessible only to persons authorized to operate or service them.
Signage
Facilities shall contain a sign no larger than four (4) square feet and no smaller than two (2)
square feet in order to provide adequate warning to persons in the immediate area of the
presence of RF radiation. A sign of the same size is also to be installed bearing the name(s) of
the owner(s) and operator(s) of the Antenna(s) as well as emergency phone number(s). The
sign shall be on the equipment shelter or cabinet of the Applicant and must be visible from
the access point of the Facility or Complex and must identify the equipment owner of the
shelter or cabinet. On Tower sites, an FCC registration sign, as applicable, is also to be
present. The signs shall not be lighted, unless applicable law, rule or regulation requires
lighting. No other signage, including advertising, shall be permitted.
Setback and Fall Zone
1. All proposed Towers and any other proposed Wireless support structures shall be set
back from abutting parcels, recorded rights-of-way and road and street lines by the
greater of the following distances: i) a distance equal to the height of the proposed
Tower or support structure plus ten percent (10%) of the height of the Tower or other
structure, otherwise known as the Fall Zone; or ii) the existing setback requirement of
the underlying zoning district, whichever is greater. Any accessory structure shall be
located within the fenced compound area as approved in the Conditional Zoning
hearing and so as to comply with the applicable minimum setback requirements for
the property on which it is situated. The Fall Zone shall be measured from the center-
line of the Tower to the nearest portion of the right-of-way of any public road or
thoroughfare and any occupied building or domicile, as well as any property boundary
lines. Any access road leading to a Wireless Telecommunications facility shall be a
recorded easement described by a metes and bounds description and shall comply
with the applicable zoning setbacks for the district in which the tower is located.
2. There shall be no development of habitable buildings within the Setback area or Fall
Zone.
3. Minimum acreage requirements and the subdivision of a separate lot shall not be
required for the telecommunication facility as long as all required dimensional
setbacks and Fall Zone requirements are being met.
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Retention of Expert Assistance Cost to be Borne by Applicant
1. To prevent the taxpayers from having to bear the cost related to the issue of
permitting and regulating Wireless Telecommunications Facilities, an Applicant shall
pay to the County a fee as set forth in the County’s Fee Schedule. The fee is intended
to cover all reasonable costs of the consultant in connection with the review of any
Application or the permitting, inspection, construction or Modification requested
under this Ordinance , Application pre-approval evaluation requested by the
Applicant and, when applicable, any lease negotiations. The payment of the Expert
Assistance or Consultant fee to the County shall precede any work being done that is
related to the intended Application, including a pre-application meeting or site visit.
2. The County may hire any consultant of its choice to assist the County in reviewing
and evaluating applications.
3. The total amount of the funds needed for expert assistance as set forth in the County’s
Fee schedule may vary with the scope and complexity of the Application, the
completeness of the Application and other information as may be needed to complete
the necessary review, analysis and inspection of any construction or Modification or
the amount of time spent responding to an Applicant’s arguments as regards its
Application or the requirements of this Section.
4. The County will maintain accounting for the expenditure of all such funds.
5. Pursuant to N.C. 153A-349.52(f), if an Application is Amended at any time prior to
the grant of the permit or authorization required under this Ordinance, the County
reserves the right to require additional payment for review and analysis equal to, but
not exceeding, the cost created for the County by the Amendment of the Application.
Such amount shall be paid to the County prior to the issuance of the Conditional
Zoning Approval/Permit or Administrative Authorization.
Procedural Requirements for Granting a Conditional Zoning Permit
1. The following procedures shall apply where Conditional Zoning approval is requested.
2. All Conditional Zoning applications shall follow the requirements as set forth in
Article V, Section 52 and Article XIII, Section 132 Procedure for Obtaining
Conditional Zoning
3. The County shall schedule any required public hearing(s) once it finds the
Application is complete and there are no issues of non-compliance with applicable
law, rule or regulation. The County is not required to set a date if the Application is
not complete or if there are unresolved issues of non-compliance. The County may, at
any stage prior to a Conditional Zoning hearing or on administrative authority, require
such additional information as it deems necessary and is not prohibited from requiring
by applicable law as relates to the issue of the siting, construction or Modification of
or at a Wireless Telecommunications Facility or Complex.
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4. Upon County Commissioner review and approval, a Conditional Zoning permit shall
be issued for a new or Substantially Modified Wireless Support Structure or
Substantial Co-location. Notwithstanding the preceding, the Building Permit for a
new Tower or other proposed support structure shall not be issued until an applicant
has provided clear and convincing substantiating documentation required by this
Ordinance of the placement of the first antenna array prior to construction of a new
Wireless Telecommunications Facility.
Action on an Application
1. The County will undertake a review of an Application pursuant to this Article in a
timely fashion, consistent with its responsibilities and applicable law, and shall act
within the time required by applicable law.
2. The County may refer any Application or part thereof to any advisory committee or
consultant for a non-binding recommendation.
3. Either after the public hearing, if a hearing is required, or after Administrative review as
applicable, and after formally considering the Application, the County may i) approve;
ii) approve with conditions; or iii) deny a Permit or Administrative Authorization. The
decision shall be in writing and shall be supported by substantial evidence contained in
a written record. Throughout the Application and permitting process, the burden of
proof for compliance with this ordinance or the need for something not allowed, shall
always be upon the Applicant.
4. An Applicant shall not be permitted to refuse to provide information needed to establish
the substantial written record required under federal law and applicable case law.
Refusal shall result in denial of the Application.
5. Approval Notification: If the County approves the Conditional Zoning application or
the application it is administratively approved for the Facility or Complex, then the
Applicant shall be notified of approval of it’s including any conditions, within 30
calendar days of the County’s action.
6. Denial Notification: The Applicant shall be notified of a denial of its application at
the County Commissioners meeting, and in writing within 30 calendar days of the
Commissioner’s action, which notice shall set forth in writing the reason or reasons
for the denial.
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Extent and Parameters of Conditional Zoning approval or Administrative
Authorization for Wireless Telecommunications Facilities
The extent and parameters of a Conditional Zoning approval or Administrative Authorization
for a Facility or Complex shall be as follows:
1. Such Conditional Zoning approval or Administrative Authorization shall not be
assigned, transferred or conveyed without the express prior written notification to the
County, such notice to be not fewer than thirty (30) business days prior to the
intended assignment, transfer or conveyance.
2. A transfer, assignment or other conveyance of the Conditional Zoning approval or
Administrative Authorization shall require the written commitment of the proposed
new holder of the Conditional Zoning approval or Administrative Authorization to
abide by all applicable laws, rules and regulations, including but not limited to this
Ordinance.
3. Following notice and an opportunity to cure, a Conditional Zoning approval granted
under this Ordinance may be revoked, canceled, or terminated for a violation of the
conditions and provisions of the Conditional Zoning approval or other applicable law,
rule, regulation or order, and if warranted the payment of a fine(s) as is permissible.
4. Following the original notice and an opportunity to cure, subsequent or repeated
violations of a substantially similar nature shall not require an opportunity to cure
prior to the imposition of fines.
Removal and Performance Security
Removal and Performance: The Applicant and the owner of record of any proposed new
Tower or other support structure or Complex shall, at its sole cost and expense, be required
to execute and file with the County a bond or other form of security that is acceptable to the
County as to the type of security and the form and manner of execution, in an amount of at
least $75,000.00 for a Tower or other support structure and with such sureties as are deemed
adequate by the County to assure the faithful performance of the requirements of this Section
and conditions of any Conditional Zoning Permit issued pursuant to this Section. The full
amount of the bond or security shall remain in full force and effect throughout the term of the
Conditional Zoning Permit and/or until any necessary site restoration is completed to restore
the site to a condition comparable to that, which existed prior to the issuance of the original
Conditional Zoning Permit.
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Reservation of Authority to Inspect Wireless Telecommunications Facilities
1. In order to verify that the holder of a Conditional Zoning Permit for a Facility or
Complex and any and all lessees, renters, and/or licensees of Wireless
Telecommunications Facilities, place and construct such facility in accordance with
all applicable technical, safety, fire, building codes, zoning codes, laws, ordinances
and regulations and conditions of any permit granted under this Ordinance, the
County or its designee shall have the right to inspect all facets of said permit
holder’s, renter’s, lessee’s or licensee’s placement, construction, Modification and
maintenance of such facilities, including, but not limited to, Towers, Antennas and
buildings or other structures constructed or located on the permitted site.
2. Refusal to allow or grant access to the County’s representative upon reasonable notice
shall be deemed a violation of this ordinance.
Liability Insurance
1. A holder of a Conditional Zoning Permit for a Wireless Telecommunications Support
Structure shall secure and at all times maintain public liability insurance for personal
injuries, death and property damage, and umbrella insurance coverage, for the
duration of the Conditional Zoning Permit in amounts as set forth below:
a. Commercial General Liability covering personal injuries, death and property
damage: $1,000,000 per occurrence/$3,000,000 aggregate; and
b. Automobile Coverage: $1,000,000.00 per occurrence/ $3,000,000 aggregate; and
c. A $3,000,000 Umbrella coverage; and
d. Workers Compensation and Disability: Statutory amounts.
2. For a Facility or Complex located on County property, the Commercial General
Liability insurance policy shall specifically name the County and its officers, Boards,
employees, committee members, attorneys, agents and consultants as additional
insured’s.
3. The insurance policies shall be issued by an agent or representative of an insurance
company licensed to do business in the State and with an AM Best’s rating of at least
A.
4. The insurance policies shall contain an endorsement obligating the insurance
company to furnish the County with at least thirty (30) days prior written notice in
advance of the cancellation of the insurance.
5. Renewal or replacement policies or certificates shall be delivered to the County at
least fifteen (15) days before the expiration of the insurance that such policies are to
renew or replace.
6. Before construction of a permitted Wireless Telecommunications Facility or Complex
is initiated, but in no case later than fifteen (15) days prior to the grant of the Building
Permit, the holder of the Conditional Zoning approval shall deliver to the County a
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copy of each of the policies or certificates representing the insurance in the required
amounts.
7. A Certificate of Insurance that states that it is for informational purposes only and
does not confer rights upon the County shall not be deemed to comply with this
Section.
Indemnification
1. Any application for Wireless Telecommunication Facilities that is proposed to be
located on County property shall contain a provision with respect to indemnification
of the County. Such provision shall require the applicant, to the extent permitted by
applicable law, to at all times defend, indemnify, protect, save, hold harmless and
exempt the County and its officers, Boards, employees, committee members,
attorneys, agents, and consultants from any and all penalties, damages, costs, or
charges arising out of any and all claims, suits, demands, causes of action, or award of
damages, whether compensatory or punitive, or expenses arising there from, either at
law or in equity, which might arise out of, or are caused by, the placement,
construction, erection, Modification , location, products performance, use, operation,
maintenance, repair, installation, replacement, removal, or restoration of said Facility
or Complex, excepting, however, any portion of such claims, suits, demands, causes
of action or award of damages as may be attributable to the negligent or intentional
acts or omissions of the County, or its servants or agents. With respect to the
penalties, damages or charges referenced herein, reasonable attorneys’ fees,
consultants’ fees, and expert witness fees are included in those costs that are
recoverable by the County.
2. Notwithstanding the requirements noted in subsection A of this section, an
indemnification provision will not be required in those instances where the County
itself applies for and secures a Conditional Zoning Permit for a Wireless
Telecommunications Facility or Complex.
Penalties
In the event of a violation of this section, the county may impose penalties as set forth in
Article XIV, Section 142 Penalties.
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Default and/or Revocation
If a support structure, Facility or Complex is repaired, rebuilt, placed, moved, re-located,
modified or maintained in a way that is inconsistent or not in compliance with the provisions
of this Ordinance or of the Conditional Zoning permit or Administrative Authorization, then
the County shall notify the holder of the Conditional Zoning permit or Administrative
Authorization in writing of such violation. A Permit or Administrative Authorization holder
found to be in violation may be considered in default and subject to fines as permitted under
applicable State law, and if a violation is not corrected to the satisfaction of the County in a
reasonable period of time the Conditional Zoning Approval/ Permit or Administrative
Authorization shall be subject to revocation.
Removal or Moving of Co-located Facilities and Equipment
1. If attached to an existing tower or other support structure, unless the County
Commissioner’s deems doing so to be in the public interest, it shall be impermissible
for a wireless service provider’s or carrier’s equipment to be relocated from one
structure to another without clear and convincing evidence that not to do so would, for
technical reasons, prohibit or serve to prohibit the provision of service in the service
area served by the existing wireless facility.
2. If the lease for the existing co-location expires and is not renewed, thereby forcing the
facility to be moved, such move shall be allowed upon i) the provision of clear and
convincing evidence satisfactory to the County Commissioner’s of the need to move or
relocate the facility; and ii) clear and convincing evidence satisfactory to the County
Commissioner’s of the lack of impact on the neighborhood or area of intended new
location. Cancellation or abandonment of a lease by a lessee shall not be deemed a
permissible reason for relocating.
3. The owner of any Facility or Complex shall be required to provide a minimum of
thirty (30) days written notice to the Planning Director prior to abandoning any
Facility or Complex.
4. Under the following circumstances, the County may determine that the health, safety,
and welfare interests of the County warrant and require the removal of Facilities.
a. A Facility or Complex that has been abandoned (i.e. not used as Wireless
Telecommunications Facilities) for a period exceeding ninety (90) consecutive
days or a cumulative total of one hundred-eighty (180) non-consecutive days in
any three hundred-sixty five (365) day period, except for periods caused by force
majeure or Acts of God, in which case, repair or removal shall be completed
within 90 days of abandonment;
b. A Support Structure or Facility or Complex falls into a state of disrepair such that
it creates a health or safety hazard or is deemed an attractive nuisance or a visual
blight;
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c. A Support Structure or Facility or Complex has been located, constructed, or
modified without first obtaining, or in a manner not authorized by, the required
Conditional Zoning Permit, or Administrative Authorization, and the Conditional
Zoning Permit or Administrative Authorization may be revoked.
d. If the County makes such a determination as noted in subsections (2) or (3) of this
section, then the County shall notify the holder of the Permit or Administrative
Authorization for the Facility or Complex in writing that said Facility or Complex
is to be removed.
e. The holder of the Conditional Zoning permit or Administrative Authorization, or
its successors or assigns, shall dismantle and remove such Facility or Complex
and all associated structures and equipment from the site and restore the site to as
close to its original condition as is possible, such restoration being limited only by
physical or commercial impracticability. Restoration shall be completed within
ninety (90) days of receipt of written notice from the County. However, if the
owner of the property upon which the Facility or Complex is located wishes to
retain any access roadway to the Facility or Complex, the owner may do so with
the approval of the County.
f. If a Facility or Complex has not been removed, or substantial progress has not
been made to remove the Facility or Complex, within ninety (90) days after the
permit holder has received notice, then the County may order officials or
representatives of the County to remove the Facility or Complex at the sole
expense of the owner or Conditional Zoning Permit holder.
g. If the County removes, or causes Facilities to be removed, and the owner of the
Facility or Complex does not claim and remove it from the site to a lawful
location within ten (10) days, then the County may take steps to declare the
Facility or Complex abandoned, and sell them and their components.
h. Notwithstanding anything in this Section to the contrary, the County may approve
a temporary use permit/agreement for the Facility or Complex for no more than
ninety (90) days duration, during which time a suitable plan for removal,
conversion, or re-location of the affected Facility or Complex shall be developed
by the holder of the Conditional Zoning permit, subject to the approval of the
County, and an agreement to such plan shall be executed by the holder of the
Conditional Zoning permit or Administrative Authorization and the County. If
such a plan is not developed, approved and executed within the ninety (90) day
time period, then the County may take possession of and dispose of the affected
Facility or Complex in the manner provided in this Section and utilize the bond in
Section (BB).
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RF Emissions
1. To assure the protection of the public health and safety, unless expressly prohibited
by State or federal law, the County expressly reserves the right to require that an
Applicant, a user of a Facility or Complex or the owner of the Facility or Complex
verify compliance with the FCC's regulations regarding RF emissions as may be
deemed appropriate from time to time, and that all users of the Facility or Complex
cooperate with the party responsible for such verification. Failure to cooperate shall
be deemed a violation of this Section and subject the non-cooperating party to all
fines and other remedies at law or tort and shall further be deemed cause for the
County to call upon the services of the U.S. Department of Labor’s Occupational
Safety and Health Administration (OSHA) to make a determination.
2. With respect to Support Structures other than Towers, if any section or portion of the
structure to be attached to or area within 100’ of such, is not in compliance with the
FCC’s regulations regarding RF radiation, that section or portion must be barricaded
with a suitable barrier to discourage approaching into the area in excess of the FCC’s
regulations, and be marked off with brightly colored plastic chain or striped warning
tape as appropriate, as well as placing RF Radiation signs as needed and appropriate
to warn individuals of the potential danger.
Relief
1. Any Applicant desiring relief, waiver or exemption from any aspect or requirement of
this Section shall address and identify such at the Pre-Application meeting. The relief
or exemption must be contained in the submitted Application for either a Conditional
Zoning permit or Administrative Authorization, or in the case of an existing or
previously granted Conditional Zoning permit or Administrative Authorization, a
request for Modification of the Facility or Complex and/or equipment. Such relief
may be temporary or permanent, partial or complete. (Amended 6-1-21)
2. The burden of proving the need for the requested relief, waiver or exemption shall be
solely on the Applicant to prove.
3. The Applicant shall bear all costs of the County in considering the request and the
relief, waiver or exemption.
4. No relief or exemption shall be approved unless the Applicant demonstrates by clear
and convincing evidence that, if granted, the relief, waiver or exemption will have no
significant affect on the health, safety and welfare of the County, its residents and
other service providers.
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Adherence to State and/or Federal Rules and Regulations
1. To the extent that the holder of a Conditional Zoning permit or administrative
authorization for a Wireless Telecommunications Facility or Complex has not
received relief, or is otherwise exempt, from appropriate State and/or Federal agency
rules or regulations, then the holder of such a Conditional Zoning permit shall adhere
to, and comply with, all applicable rules, regulations, standards, and provisions of any
State or Federal agency, including, but not limited to, the FAA and the FCC.
Specifically included in this requirement are any rules and regulations regarding
height, lighting, security, electrical and RF emission standards.
2. To the extent that applicable rules, regulations, standards, and provisions of any State
or Federal agency, including but not limited to, the FAA and the FCC, and
specifically including any rules and regulations regarding height, lighting, and
security are changed and/or are modified during the duration of a Conditional Zoning
permit or Administrative Authorization for Wireless Telecommunications Facilities,
then the holder of such a Conditional Zoning permit or Administrative Authorization
shall conform the permitted Facility or Complex to the applicable changed and/or
modified rule, regulation, standard, or provision within a maximum of twenty-four
(24) months of the effective date of the applicable changed and/or modified rule,
regulation, standard, or provision, or sooner as may be required by the issuing entity.
Conflict with Other Laws
Where this Section differs or conflicts with other Laws, rules and regulations, unless the right
to do so is preempted or prohibited by the County, State or federal government, this Section
shall apply.