TABLE OF CONTENTS

Section 1.1  Authority

The provisions of this Ordinance are adopted under authority granted by the General Assembly of North Carolina under Article 7 of G.S. 160D and any and all amendments enacted by the General Assembly of North Carolina.

Section 1.2  Short Title

These regulations shall be known and may be cited as the “Unified Development Ordinance of the Village of Alamance, North Carolina” and may be cited as the “Unified Development Ordinance” or “UDO”.

Section 1.3 Purpose

This Ordinance: (1) divides the Village of Alamance into zoning districts and establishes the boundaries thereof; (2) regulates and restricts the height, number of stories and size of buildings and other structures; (3) regulates and restricts the percentage of lots that may be developed; (4) regulates and restricts the size of yards, courts, and other open spaces; (5) regulates and restricts the density of development; (6) regulates and restricts the location and use of buildings, structures and land for uses permitted by this Ordinance; (7) provides for the method of administration and amendment of this Ordinance; (8) defines powers and duties of the Planning Board and Board of Adjustment with respect to these regulations; (9) provides penalties for violations of these regulations; (10) defines certain terms used herein; and (11) accomplishes other purposes.

Section 1.4  Jurisdiction

The regulations set forth in this Ordinance shall be applicable to all properties within the corporate limits of the Village of Alamance and within the territory beyond such corporate limits as now or hereafter fixed, for a distance of approximately one mile to the east, south, and west, as established by an Ordinance and map first adopted on April 23, 1990 by the Aldermen of the Village of Alamance and as hereafter amended or readopted in accordance with G.S. 160D, Article 2.

Section 1.5  Incorporation of the Zoning Map

The Village of Alamance is hereby divided into zones, or districts, as shown on the Official Zoning Map which is a graphical depiction of the location of the zoning districts and is incorporated by reference and declared to be a part of this Ordinance. The map may be found on the Village website at https://www.villageofalamance.com. No changes of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the amendment procedures set forth in this Ordinance. A copy of the Official Zoning Map shall be printed and maintained for public inspection in the office of the Village Clerk.

Effective Date - This Ordinance shall be in full force and effect on December 16, 2024 and repeals and replaces the Zoning Ordinance, the Subdivision Regulations of October 21, 1991, and the Ordinance entitled “Ordinance Regulating Adult Oriented Establishments for Protection of Public Health & Welfare” adopted May 23, 1994.

Section 1.6 Provisions Declared to Be Minimum Requirements

In their interpretation and application, the provisions of this Ordinance shall be held to minimum requirements, adopted for the promotion of the public health, safety or general welfare, and shall apply uniformly to each class or kind of structure of or land. Wherever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the higher standards shall govern. Unless deed restrictions, covenants, or other contracts directly involve the Village as a party in interest, the Village shall have no administrative responsibility for enforcing such deed restrictions or covenants.

Section 1.7  Zoning Affects Every Building and Use

No building, structure, or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with the regulations specified in this Ordinance for the district in which it is located.

Section 1.8  One Principal Building Per 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 complex of institutional, residential, commercial, or industrial buildings in an appropriate zoning district, or a temporary or accessory use as permitted in the Table of Permitted Uses or the Notes to the Table.

Section 1.9  Required Yard, Open Space or Off-Street Parking Not to Be Used for Another Building

No part of a yard, or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Ordinance shall be included as a part of a yard, open space, or off-street parking or loading space similarly required of any other building, unless, in the case of off-street parking, provision is made for shared use of parking facilities.

Section 1.10  Severability

If any section or specific provision or standard of these regulations or any zoning district boundary that now exists or may exist in the future is found by a court to be invalid for any reason, the decision of the court shall not affect the validity of any other section, provision, standard, or district boundary of these regulations except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.

Accessory Use. A structure or use that: 1) is clearly incidental to and customarily found in connection with a principal building or use; 2) is subordinate to and serves a principal building or a principal use; 3) is subordinate in area, extent, or purpose to the principal building or principal use served; 4) contributes to the comfort, convenience, or necessity of occupants, business, or industry in the principal building or principal use served; and 5) is located on the same zone lot as the principal building or use served.

Accessory, Building or Structure. A use or structure customarily incidental and subordinate to the main or principal building and located on the same lot therewith.

Administrator. See Zoning Administrator.

Adult Bookstore. An establishment having as its stock in trade for sale, rent, lease, inspection or viewing books, films, video cassettes, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" as herein and in conjunction therewith, have facilities for the presentation of adult entertainment as herein defined including adult oriented film, movies or live performances, for observation by patrons therein.

Adult Cabaret. A cabaret which features topless dancers, strippers, male or female impersonators or similar entertainers.

Adult Entertainment. Any exhibition of any motion pictures, live performance, display or dance of any type which has as its dominate theme or is distinguished or characterized by an emphasis on any actual or simulated "specific sexual activities" or "specified anatomical areas" as herein defined or the removal of articles of anatomical areas" as herein defined or the removal of articles of clothing or appearing partially or totally nude.

Adult Establishment. As defined in G.S. 14-202.10 as written or hereafter amended an adult is an adult bookstore, an adult motion picture theatre, adult mini motion picture theatre, or adult live entertainment business. A massage or bodywork establishment that engages in solicitation of sexual activity is unlawful as provided in G.S. 90-632.17 and is not an adult establishment.

Adult Mini-Motion Picture Theater. An enclosed building with a capacity of less than 50 persons used for presenting material having as its dominate theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as herein defined for observation by patrons therein.

Adult Motion Picture Theater. An enclosed building with a capacity of 50 or more persons used for presenting material having as its dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein for observation by patrons therein.

Adult Oriented Establishment. Shall include, but is not limited to, adult bookstor.es, adult motion picture theaters, adult mini-motion picture establishments or adult cabaret and further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purposes of viewing adult oriented motion pictures or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.

Alley. Any roadway or public way dedicated to public use and twenty feet or less in width.

Alteration. The word "alteration" shall include the following:

• any addition to the height or depth of a building or structure,

• any change in the location of any of the exterior walls of a building or structure, or

• any increase in the interior accommodations of a building or structure.

Apartment. A dwelling unit within an apartment building consisting of a room or rooms intended, designed, or used as a rental residence.

Assisted Living. (Full definition in G.S. 131D-2.1). Group housing with services for unrelated adults, by whatever name it is called, that makes available, at a minimum, one meal a day and housekeeping services and provides personal care services to resident adults directly or through a formal written agreement with one or more licensed home care or hospice agencies. For purposes of this Ordinance, assisted living may be provided in a multi-unit facility located on a separate parcel, or in a facility developed as part of a continuing care retirement community.

Bar. An establishment primarily engaged in the retail sale of beer, wine, and alcoholic beverages for consumption on the premises. Such establishment must obtain an ABC license for on-premises beverage consumption only.

Bed and Breakfast Home. An establishment in a private dwelling that supplies temporary accommodations to eight (8) or fewer overnight guests for a fee.

Billboard . An outdoor advertising sign with an area or surface on which lettering or pictorial matter is displayed for advertising or notice purposes. See Chapter 7, Signs.

Board of Adjustment. The Board of Adjustment of the Village of Alamance. The Board of Aldermen functions as the Board of Adjustment.

Board of Aldermen. The Board of Aldermen of the Village of Alamance, North Carolina.

Brewery. An establishment that sells beer brewed on the premises and often includes a restaurant.

Buffer. A horizontal distance from the property line which may only be occupied by screening, utilities, access ways and/or landscaping materials.

Buffer Strip. 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.

Buildable Area. The portion of a lot remaining after required yards have been provided.

Building. A structure with a roof, intended for shelter, housing or enclosure.

Building Frontage. For the purpose of computation of number and area of signs permitted on buildings, in cases where linear feet of building frontage is determinant, the frontage of a building shall be computed as the horizontal distance is indeterminate or cannot be applied, as for instance where there is a diagonal line across the front as nearly at ground level as computation of horizontal distance permits. In cases where this test corner entrance or where two or more sides of a building have entrances of equal importance and carry approximately equal amounts of pedestrian traffic, the administrative official shall select building frontage on the basis of the interior layout of the building, traffic on adjacent streets, or other indicators available.

Building Height. The vertical distance measured from the average elevation of the proposed finished grade at the front of the structure to the top level of the slope of the main roof.

Building Setback Lines. A line parallel to the street right-of-way line or front property line, side property lines, and rear property line of a lot. Buildings and structures shall not be erected within the area between the lot lines and the building setback lines.

Canopy (Overstory) Tree. A species of tree which normally grows to a mature height of 40 feet or more with a minimum mature crown width of 30 feet.

Cemetery. A tract of land used for burials, usually in a park-like setting. May be public or private. May include mausoleums and columbaria. Crematoria are not permitted in cemeteries.

Child Care.

• Child Care Center. A program where three or more unrelated children less than 13 years old receive care on a regular basis at least once a week for more than four hours per day but less than 24 hours. Childcare centers must meet all state licensing requirements.

• Family Child Care Home. A childcare arrangement located in a residence where, at any one time, more than two children, but less than nine children, receive childcare. Family childcare home operators must reside at the location of the family childcare home. Family childcare homes must meet all state licensing requirements.

Certificate of Occupancy. A statement, signed by the administrative officer, setting forth either that a building or structure complies with this chapter or that a building or structure or parcel of land may lawfully be employed for specified uses, or both.

Club or Lodge, Private. An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities operated on a non-profit basis for the benefit of its members.

Condominium. See Dwelling Unit.

Corner Lot. A lot abutting upon two or more streets at their intersection.

Day care. See Child Care.

Development approval. – As provided in G.S. 160D-102 as written or subsequently amended, a development approval is an administrative or quasi-judicial approval made pursuant to this Ordinance that is written and that is required before commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to G.S. 160D, including plat approvals, permits issued, development agreements entered into, and building permits issued.

District . Any section within the Village in which zoning regulations are uniform.

Double Frontage Lot. A continuous lot between two streets assessable from both of the streets upon which it fronts. Corner lots are not included unless they front on three streets.

Dwelling Unit. Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.

• Dwelling, Apartment. A dwelling unit within an apartment building consisting of a room or rooms intended, designed, or used as a rental residence.

• Dwelling, Condominium. A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional and undivided basis. A condominium is considered multi-family.

• Dwelling, Duplex. A building arranged or designed to contain two (2) dwelling units.

• Dwelling, Multi-Family. A building or portion thereof, designed to contain three (3) or more dwelling units (see Apartment or Condominium).

• Dwelling, Single-Family. A detached building designed to contain one (1) dwelling unit.

• Dwelling, Townhouse. A single-family attached unit in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more fire-resistant walls. The owner of a townhouse owns the property under the structure.

Easement. A grant by the property owner for use by the public, a corporation, or a person of a strip of land for a specific purpose.

Enforcement Officer. An Administrative Official designated by the Village Aldermen who shall administer and enforce this Ordinance. This official may be provided with the assistance of such other persons as the Village Aldermen may direct. See Zoning Administrator.

Family ---One or more persons related by blood, adoption, common law or marriage and occupying a single dwelling unit as a single housekeeping entity.

Family Care Home. A home defined in G.S. 160D-907 and licensed pursuant to G.S. 131D, Article 1, both as written or subsequently amended, with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for two to six resident persons with disabilities. As provided in G.S. 160D-907, a family care home is a residential use for zoning purposes and shall be permitted in all residential zoning districts. However, as authorized by G.S. 160D-907(c ), the Village of Alamance prohibits location of a family care home within a one-half mile radius of an existing family care home.

Farm, bona fide. As provided in G.S. 160D-903, bona fide farm purposes include the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture, as defined in G.S. 106-581.1. Activities incident to a bona fide farm include existing or new residences constructed to the applicable residential building code situated on the farm occupied by the owner, lessee, or operator of the farm and other buildings or structures sheltering or supporting the farm use and operation. A bona fide farm does not include commercial poultry and swine production, cattle feeder lots and furbearing animal farms.

Flood Plain- A geographic area designated by the Federal Emergency Management Administration (FEMA) according to varying levels of flood risk. In particular, the area shown as the floodway and 100-year flood elevation zone as shown on the “Flood Hazard Boundary Maps” for Alamance County.

Gaming Establishment. Any establishment, excluding adult gaming establishments, whose principal use is to provide entertainment services to the general public in the form of electronic or conventional gaming units which provide either no reward to patrons or the possibility of rewards of limited value such as children's toys, games, or novelties when all rewards can be legally obtained and used by all ages and are not redeemable for cash or any other kind of compensation or services on or off premises, including on-line redemptions. Examples include, but are not limited to, traditional video game arcades and children's and family game centers, whether stand-alone or in conjunction with a restaurant or other permissible uses. This shall be considered a principal use when occupying more than fifty percent of the gross floor area of an establishment or being used by more than fifty percent of the patrons at any time or representing more than fifty percent of the total sales of the establishment.

Gaming Establishment, Adult. Any establishment featuring more than four stand-alone electronic or conventional gaming units, skill-based or otherwise, or serving more than four patrons in such capacity at any one time, which also rewards patrons, or provides the possibility of rewards, goods or certificates for services which are redeemable for cash or other monetary payment on or off premises and including on-line redemptions, as well as any rewards which cannot be legally obtained, consumed, or otherwise used by minors. Any use meeting this definition shall be considered a principal use regardless of association or location in conjunction with other permissible principal uses. This does not include any lottery approved by the State of North Carolina or any non-profit establishment that is otherwise lawful under State law (for example, church or civic organization fundraisers).

Group Development. A group of two or more principal structures built on a single lot or parcel of land, not subsequently subdivided into a pattern of conventional streets and lots, and designed for occupancy by separate families, businesses, or other such entities.

Group Home. A home for seven (7) to fifteen (15) residents, with support and supervisory personnel, that provides care, habilitation or rehabilitation for individuals with needs such as mental illness, development disability, cognitive impairment or substance abuse. Group homes are licensed by the State of North Carolina. A group home may not be located within a one-half mile radius of an existing group care home.

Gross Floor Area. The total horizontal area of all the floors of a building, including interior balconies and mezzanines.

Home Occupation. An occupation conducted entirely within a residential dwelling and carried on by the occupants thereof which is clearly incidental and secondary to the use of the dwelling for dwelling purposes; the use does not change the character thereof. There is no display, nor commodity sold upon the premises except as may be produced by the occupants; provided that not more than twenty-five (25) percent of the total floor area of the dwelling, including basement, may be devoted to such occupation. Except for a family childcare home or center, no person, other than a resident of the premises, shall be employed in connection with the home occupation. Examples of home occupations include but are not limited to: instruction in music, dance, art, or similar subjects; professional offices; barber/beauty services; catering; and handcrafting. (See Note #7 to Table of Permitted Uses.)

Junk Yard. Any land area or area use, in whole or in part for commercial storage and/or sale of wastepaper, rags, scrap metal, or other junk, and including storage of scrapped motor vehicles and dismantling of such vehicles or machinery.

Large-Lot Subdivision. A subdivision in which all lots are 40,000 or more square feet in size.

Loading Space, Off-Street. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces as off-street parking space in computation or required off- street parking space.

Lot. For zoning purposes, as covered in this Ordinance, a lot is a clearly defined piece of land of sufficient area and dimensions to meet minimum zoning requirements for width, area, use, and coverage, and to provide such yards and other open spaces as are required herein (provided that certain nonconforming lots of record at the time of passage or amendments of this Ordinance are exempted from certain of its provisions under the terms of Nonconforming Lots of Record). Such lots shall have frontage on a public street or on a private street as defined in this Ordinance, and may consist of all portions, or combinations of lots of record and lots described by metes and bounds, provided that in no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this Ordinance. 

For subdivision purposes, a lot shall be defined as a portion of a subdivision or any other parcel of land intended as a unit for the transfer of ownership or for development.

Lot Depth The mean horizontal distance between front and rear lot lines.

Lot Width The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac, on which the 80% requirement shall not apply.

Lot of Record A lot which is part of a subdivision recorded in the office of the Register of Deeds, Alamance County, or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds.

Lot Frontage. The front of an interior lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated.

Lot Line. A line dividing one parcel of property from another parcel or from a street right-of- way.

Lot Line, Front. The street right-of-way boundary at the front of the lot, or the line which separates the lot from the street right-of-way at the front of the lot.

Lot Line, Rear. That line of a lot which is opposite and farthest, on average from the front lot line. Where a lot abuts a street along the rear of the lot, the rear lot line shall be deemed to coincide with the street right-of-way boundary.

Lot Line, Side. Any lot line which meets an end of a front lot line, where a lot abuts a street along the side of a lot, the side lot line shall be deemed to coincide with the street right-of-way boundary.

Lot Types

Corner Lot - A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the side lot lines to the foremost point of the lot (or an extension of the lot where it has been rounded by a street radius) meet at an interior angle of less than 135 degrees.

Interior Lot - A lot other than a corner lot, with only one frontage on a street other than an alley.

Through Lot - A lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets may be referred to as double frontage lots.

Reversed Frontage Lot - A lot which is at right angles, or approximately right angles, to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an interior lot.

Manufactured Home. A structure, as defined in G.S. 143-145(7) as written or hereafter amended, that is transportable in one or more sections, which, in the traveling mode, is eight feet or more in width or is 40 feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.

Class A Manufactured Home (Commonly Referred to as "Double-wide"). A multi- sectional 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 and that satisfies the following additional criteria:

• The manufactured home has a length not exceeding four (4) times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis.

• The manufactured home has a minimum of 1,200 square feet of enclosed heated living area.

• The pitch of the roof of the manufactured home has a minimum vertical rise of three and one-half (3.5) feet for each twelve feet of horizontal run (3.5 feet and 12 feet) and the roof is finished with a type of shingle that is commonly used in standard residential construction.

• All roof structures shall provide an eave projection of no less than six (6)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 flat 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.

• 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 and attached firmly to the primary structure and anchored securely to the ground.

• The moving hitch, wheels and axles, and transporting lights have been removed.

• A continuous, permanent masonry curtain wall or foundation, unpierced except for ventilation and access, is installed under the manufactured home.

It is the intent of these criteria to ensure that a Class A manufactured home, when installed, shall have substantially the appearance of an on-site, conventionally built, single-family dwelling.

Class B Manufactured Home (Commonly Referred to as "Single-wide"). A single section 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 which does not meet the definition of a Class A manufactured home. The following criteria must also be satisfied.

• The manufactured home is set up in accordance with the standards set by the North Carolina Department of Insurance.

• A continuous, permanent masonry curtain wall or foundation, unpierced except for ventilation and access, is installed under 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 and attached firmly to the primary structure and anchored securely to the ground.

• The moving hitch, wheels and axles, and transporting lights have been removed.

• 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 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 feet and 12 feet) and the roof is finished with a type of shingle that is commonly used in standard residential construction.

Class C Manufactured Home. A manufactured home that does not meet the definition of either a Class A or a Class B manufactured home.

Class D Manufactured Home. A manufactured home built to federal construction codes that were in effect prior to July 1, 1976.

Manufactured Home Park. A commercial use where land is divided into individual leaseholds but not individual lots owned in fee simple that are intended for occupation by individual manufactured homes. Manufactured home parks may include shared or individual accessways, recreation facilities, and other shared accessory uses like laundries, storage, or refuse collection areas.

Mixed Uses. Where permitted by this Ordinance, a mixed-use building allows both business and residential uses to occur in the same building, such as a live-work space. Where permitted by this Ordinance, a mix of residential and commercial or business uses may be permitted in a mixed-use development or mixed-use zoning district.

Modular Home. A dwelling unit constructed in accordance with the construction standards of North Carolina Uniform Residential Building Code for one- and two-family dwellings and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly and placement on a permanent foundation.

Motel - An establishment designed and intended to provide lodging and related facilities for transient guests in which rooms usually have direct access from outdoor parking areas without going through a lobby or common entrance. The establishment shall be licensed as a motel.

All rental units shall be completely furnished and provided with housekeeping services.

Multifamily Development. See Dwelling Unit.

Nonconformance. Any use, structure, lot, or sign which does not conform to the regulations of the Unified Development Ordinance either at the effective date of this Ordinance or as a result of subsequent amendments which may be incorporated into this Ordinance.

Non-Conforming Lot. A lot which does not conform to the dimensions required by this Ordinance.

Non-Conforming Sign. A sign which does not conform to the provisions of this Ordinance.

Non-Conforming Structure. A structure which does not conform to the height, bulk, or setback standards set forth in this Ordinance or which does not meet the requirements for the type of structure allowed.

Non-Conforming Use. Any use of building or land which does not conform to the use regulations of this Ordinance for the district in which it is located.

Nursing Home. (Defined in G.S. 131E-101 Health Care Facility Licensure Act, Definitions). A facility, however named, which is maintained for the purpose of providing nursing or convalescent care for three or more persons unrelated to the licensee. A "nursing home" is a home for chronic or convalescent patients, who are not acutely ill and who do not require hospital facilities such as an operating room, X-ray facilities, laboratory facilities, or obstetrical facilities.

Official Plans and Ordinances. Any plans and Ordinances officially adopted by an appropriate governmental body to guide and implement orderly physical development.

Open Storage. Any unroofed storage area, whether fenced or not.

Operators. Any person, partnership, or corporation 'Operating, conducting, maintaining, or owning any adult oriented establishment.

Parking Space, Off-Street. For the purposes of this Ordinance, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designated, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another.

Percolation Test. A test of the soil suitability for absorption of effluent from an on-site sewage disposal system. A percolation test includes the digging of several holes in the proposed absorption field site, saturation of each hole with water, and the subsequent measurement of the average time required for water to drop in the test holes.

Planned Unit Development. The unconventional subdivision and development of land, not subsequently to be subdivided into conventional streets and lots, and designed for occupancy and ownership by separate families, business firms, or other enterprises with significant areas of common properties owned and maintained by private ownership associations.

Planning Board. The Planning Board of the Village of Alamance.

Porch. A roof covered open structure projecting from the front, side, or rear wall of a building and having no enclosed features of glass, wood, or other material (but not to include wire screening) more than thirty inches above the floor thereof, except the necessary columns to support the roof.

Principal Use. The primary purpose or function that a lot serves or is intended to serve.

Public Water Supply. Any water system so defined and regulated by G. S. 130-166.

Residential Cluster development. A variation or exception to the lot size requirement specified in this Ordinance. If approved, the subdivider can cluster or group dwelling units on part of the tract and allow the remaining part of the lot to remain in open space. This is strictly a method of transferring density. It does not allow any uses that are not specifically listed in the Unified Development Ordinance. See Section 5.3.E, Regulations for Special Use Permits, Residential Cluster Development

Restaurant. A commercial establishment where food is prepared and served for public consumption.

Reverse Frontage Lot. A continuous lot between two streets accessible from only one of the streets upon which it fronts.

Service Station. A building or lot dedicated to the rendering of services such as the sale of gasoline, oil, grease, and accessories and the minor repair of automobiles, excluding body working, overhauling, and painting.

Setback Line. The line on the front, rear, and sides of a lot, which delineates the area upon which a structure may be built and maintained.

Shopping Center. A kind of Group Development with two or more commercial establishments planned and constructed as a single unit with off-street parking and loading facilities provided on the property and related in location, size, and type of shops to the trade area which the unit serves.

Shrub. A low, usually several-stemmed woody plant. A shrub must be a minimum of 18 inches at planting and reach a minimum height of 36 inches within 3 years of planting.

Sign. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.

Signs, Number - For the purpose of determining number of signs, a sign shall be considered to be a Single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

Sign, Outdoor Advertising - Any sign either free standing or attached to a structure which directs attention to a business, commodity, service, entertainment, or other activity, conducted, sold, or offered elsewhere than on the premises on which said sign is located.

Sign, Surface Area - The surface area of a sign shall be computed as including the entire area within a parallelogram, triangle, circle, semi-circle, or other regular geometric figure, including all of the elements of the matter displayed, including blank masking and frames, but not including structural elements, outside the advertising elements of the sign and bearing no advertising matter.

Sign, Temporary - A sign permitted for a period as provided in Section 7.18, Temporary Signs Permitted Without a Permit, including for sale, for rent, construction company’s name, sub- contractor’s names, architect’s, and planner’s names.

Site-specific Development Plan - A plan of land development as defined in G.S. 160D-102, as outlined in Section 4.5, Submissions for Conditional Districts, and Section 2.14.C.3, Requirements for Site-Specific Vested Rights Plans. Neither a variance, a sketch plan nor any other document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall constitute a site-specific development plan.

Special Use - A use, provided for in G.S.160D-406 and G.S.160D-705, which is permitted in specified zoning districts only after a quasi-judicial hearing by the Board of Adjustment and found to meet specific conditions and procedures as are now or hereafter set forth in this Ordinance so as to minimize any negative effects the use might ordinarily have on the district and to maintain the safety and general welfare of the community. Such uses shall be permitted only upon the issuance of a special use permit by the Board of Adjustment.

Specified Anatomica Areas – Means:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola.

2. Human male genitals in a discernible turgid state, even if opaquely covered.

Specified Sexual Activities – The simulated or actual:

1. Showing of human genitals in a state of sexual stimulation or arousal.

2. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio, or cunnilingus.

3. Fondling or erotic touching of human genitals, pubic region, buttock, or female breasts.

Story, Half. A story under gabled, hipped or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the finished floor of such story.

Street, Public. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.

Street, Private. A privately-owned and maintained street which provides the principal means of vehicular access to abutting properties. For purposes of this Ordinance, a private street shall be built to North Carolina Department of Transportation standards to permit inclusion into the State System. The pavement must be at least 20 feet wide. Subdivisions which contain private roads must also contain a road maintenance agreement.

Street and Road Functional Classifications. The State Department of Transportation assigns the following functional classifications to rural roads and streets in adopted thoroughfare plans. Where applicable, the equivalent classifications for urban streets and roads shall be used.

Cul-de-Sac - A local street which is permanently terminated by a vehicular turnaround.

Local Street - A street that serves primarily to provide access to adjacent land and for travel over relatively short distances.

Minor Collector - A road which provides service to small local communities and links the locally important traffic generators with their rural hinterland.

Major Collector - A road which serves major intra-county travel corridors and traffic generators and traffic and provides access to the arterial system.

Minor Arterial - A rural link in a network joining cities and larger towns and providing interstate and intercounty services at relatively high (55 mph) overall travel speeds with minimum interference to through movement. This network would primarily serve traffic.

Principal Arterial - A rural link in a network of continuous routes serving corridor movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel and existing solely to serve traffic. This network consists of interstate routes and other routes designated as principal arterials.

Street Right-of-Way Line. The street right-of-way boundary, or the line which separates the street from the lot.

Structure. Any object constructed or erected the use of which requires more or less permanent location on the ground or which is attached to an object having more or less permanent location on the ground.

Principal Structure. A building in which is conducted the main or principal use of the lot on which said building is situated.

Temporary Structure. A structure intended for temporary offices, headquarters, residence, classrooms (etc.) on the same lot or tract of land being used or developed for a directly related permanent use.

Subdivider. Any person, firm, or official agent thereof, who subdivides any land deemed to be a subdivision.

Telecommunication Tower. A tower facility, including, but not limited to, radio and television transmission towers or similar utilities, microwave towers, and mobile telephone or radio towers. This term shall not include radio transmission facilities for use by ham radio operators or two-way local radio facilities for business or governmental purposes that are under 100 feet in height and that, at a height of fifty (50) feet above the base, have a maximum horizontal measurement of eighteen (18) inches nor shall it include any tower erected by a public authority for public safety or emergency services communication purposes.

Through Street. Any street not ending in a permanent dead end. A cul-de-sac is not a through street. A street ending at a property boundary is a through street.

Tiny House. A dwelling between 200 and 800 square feet in size that complies with construction requirements for a dwelling in the most recent edition of the North Carolina State Residential Building Code. If the unit is constructed through the NC Modular Construction Program, the unit must also meet the minimum construction and design standards for modular homes cited in G.S. 143-139.1. A tiny house may be a principal use on a zoning lot in the districts where permitted or an accessory use with Development Standards when approved by the Zoning administrator.

Townhouse. See Dwelling Unit.

Trailer. As defined in G.S. 20-4.01:

House Trailer - Any trailer or semitrailer designed and equipped to provide living or sleeping facilities and drawn by a motor vehicle. This term shall not include a manufactured home as defined herein.

Travel trailer (Recreational vehicle) – A vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, and of a size or weight that does not require a special highway movement permit when towed by a motorized vehicle.

Understory Tree. Trees that grow beneath the canopy (overstory). A species of tree which normally grows to a mature height of 15 to 35 feet.

Variance - A modification of the existing Unified Development Ordinance meeting the conditions of G.S. 160D-705(d) which is not contrary to the public interest, where strict enforcement of this Ordinance would cause undue hardship to the applicant because of circumstances unique to the individual property (not caused by the owner or applicant) on which the variance is granted.

Warehouse, Mini-warehouse; Self-Storage – A building or buildings containing separated, enclosed spaces of varying sizes leased or rented on an individual basis.

Warehousing – Large-scale commercial storage building or building of general merchandise, component parts, refrigerated good, agricultural parts.

Yard. A space on the same lot with a principal building which is open, unoccupied, and unobstructed by structures from ground to sky except where encroachments and accessory structures are expressly permitted under this Ordinance.

Yard, Front. A yard extending the full width of the lot, situated between the front lot line and a line parallel thereto passing through the nearest point of the principal structure.

Yard, Rear. A yard extending the full width of the lot, situated between the rear lot line and a line parallel thereto passing through the nearest point of the principal structure.

Yard, Side. A yard situated between the side lot line and a line parallel thereto passing through the nearest point to the principal structure and extending from the front yard to the rear yard.

Zoning administrator. The person, officer, and the person’s authorized representative, whom the Village Aldermen have designated as their agent for the administration and enforcement of this Ordinance. See Enforcement Officer.

Zoning Permit. A statement, signed by the Zoning administrator, stating that the plans for a building, structure, or use of land complies with this Ordinance.

Zoning Vested Right - A right pursuant to G.S. 160D-108.1 to undertake and complete the development and use of property under the terms and conditions of an approved site- specific development plan.

Section 5.1 Objectives and Purposes.

A.        Permitting special uses adds flexibility to this Ordinance. Subject to high standards of planning and design, certain property uses are allowed in the several districts where these uses would not otherwise be acceptable. By means of controls exercised through the special use permit procedures, property uses which would otherwise be undesirable in certain districts can be developed to minimize any negative effects they might have on surrounding properties.

B.        The uses for which special use permits are required are listed in Section 5.3 Regulations for Special Use Permits, along with a detailed description of the procedures which must be followed in the issuance of each such permit. Uses specified in this section shall be permitted only upon the issuance of a special use permit.

Section 5.2 Special Use Permits Granted by Board of Adjustment

A.        Special use permits may be granted by the Board of Adjustment(the Board of Aldermen functioning as the Board of Adjustment) for the uses enumerated in the Regulations for Special Uses in Section 5.3. The Planning Board shall have an opportunity to review and provide written comments on the application before the meeting at which the Board of Adjustment conducts a quasi-judicial hearing and renders a final decision.

B.        The owners of all the property included in the petition for a special use permit shall submit an application to the Village Clerk at least three weeks before the regular meeting of the Planning Board. The Planning Board shall make its recommendations such that notice can be provided before the meeting of the Board of Aldermen at which the Aldermen will convene as the Board of Adjustment to consider the petition. Such application shall include all of the requirements pertaining to it as described in this section.

C.        Before an application is placed on the agenda of the Board of Adjustment, it shall be reviewed for completeness by a site plan committee composed of the Mayor, Zoning Administrator, county building inspector, fire personnel and the Village engineer. The committee may request corrections or improvements to the application to meet Village standards, and it may make recommendations to increase the potential compatibility of the use with the surrounding area before the agenda is placed on the Board of Adjustment agenda.

D.        On receiving a complete application for a Special Use Permit, the Board of Adjustment shall give notice of a quasi-judicial hearing on the application in the manner provided by G.S. 160D-406(b). This shall include written notice to the person making the application, the owner of the subject property, and to owners of all parcels abutting the subject property. Notice shall be deposited in the mail at least 10 days but not more than 25 days before the date of the hearing, and within the same time period the Village shall post a notice of the hearing on the site.

E.         As provided by G.S. 160D-705 the hearing shall be quasi-judicial; and the Board shall swear-in all witnesses and shall follow all proceedings for an evidentiary hearing set out in G.S. 160D-406.

F.         The Board of Adjustment shall consider the application and shall provide the applicant an opportunity to present evidence, cross-examine witnesses and present rebuttal evidence. Unlike a legislative hearing, only those witnesses proposing and opposing the special use who would be directly and substantially affected by the decision may speak at the hearing.

G.        At the conclusion of the hearing, the Board of Adjustment may grant or deny the special use permit. As provided by G.S. 160D-406(j) the Board of Adjustment shall determine the facts based on competent, material and substantial evidence in the record. The voting requirements for granting a variance (G.S. 160D-406(i)) are not applicable to granting of special use permits.

H.        The special use permit, if granted, shall include approval of plans as may be required and the following findings:

1.         The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;

2.         The use meets all required conditions and specifications of the permit;

3.         The use will not substantially injure the value of adjoining or abutting property, or the use is a public necessity; and

4.         The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the Village and its environs.

I.          The Board of Adjustment may make additional conditions, in addition to the findings as will, in its opinion, ensure that the use in its proposed location will be harmonious with the area in which it is proposed to be located and clearly in keeping with the public welfare. All such additional conditions shall be entered in the minutes of the meeting at which the special use permit is granted, on the special use permit certificate itself, on the approved plans submitted therewith, and shall have the applicant’s written consent. All specific conditions shall run with the land and shall be binding on the original applicants for the special use permit, their heirs, successors, and assigns.

J.          In addition to the conditions specifically imposed in this chapter and such further conditions as the Board of Adjustment may deem reasonable and appropriate, special uses shall comply with the height, area, and parking regulations for the zoning district in which they are located and with yard regulations for the zoning district where they are located.

K.        The decision shall be in writing, signed by the chair or other duly authorized member of the Board, and shall be filed with the Village clerk and agreed to in writing by the applicant.

L.         Appeal. The decision of the Board of Adjustment, as with any quasi-judicial decision, shall be subject to review by the superior court of Alamance County by proceedings in the nature of certiorari pursuant to G.S. 160D-406(h). A petition for review shall be filed with the clerk of superior court within 30 days after the applicant has received written notice of the decision.

M.        For failure to comply with the plans approved by the Board of Adjustment or with any other conditions imposed upon the special use permit, the permit shall thereupon immediately become void and of no effect.

Section 5.3 Regulations for Special Use Permits

A.        Assisted Living, Nursing Home

Special Use districts: RA, R20, R15, MU

1.         Minimum Size : An assisted living facility or nursing home shall meet all setback requirements of the zoning district in which it is located.

2.         Parking and loading. Assisted living, .75 spaces per dwelling unit.

3.         Plans required. Plans required must show the following:

a.         Structures. Location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto.

b.         Circulation. Proposed points of access and egress and pattern of internal circulation.

c.         Parking and loading. Layout of parking spaces

d.         Landscaping and screening. A minimum 15 foot natural or planted buffer along property lines abutting a single-family use or zoned lot. The combination of trees and or shrubs and height shall be as provided in Section 8.4, Buffering/Screening of Adjoining Incompatible Land Uses

4.         Lighting: No direct light shall be cast upon adjacent property.

5.         Operation:

a.         A facility shall provide centrally located shared food preparation, service, and major dining areas.

b.         Common recreation, social, and service facilities shall be provided. These facilities shall be solely for the use of residents and their guests.

c.         Offices and supporting facilities for resident managers or custodians providing administrative services and traditional medical services for the exclusive use of the residents shall be located on the site.

d.         Other Requirements. Must meet all requirements for licensing by the state. If located by special use in the RA district, provisions must be made for water supply and waste treatment adequate for maximum use of the facility, approved by the Village and relevant county and state health and environmental officials. If Iocated in a residential district, there must be ample site area, adequate open space on all sides of the proposed structure and other considerations, including landscaping to the character of the neighborhood so that its residential nature will be preserved.

B.        Auto Repair, Body Shops and Associated Work

Special Use District: MU

1.         Plans or drawings shall be presented showing: setback of building from right-way, proposed signage consistent with Chapter 7, and area for parking or storage of vehicles.

2.         All associated work shall be performed inside a building.

3.         Parking or storage of vehicles or implements shall be provided off the public right-of-way and at least fifteen (15) feet behind the front property line.

4.         If the use abuts a residential use permanent visual screening or trees or shrubs that buffer the use shall be provided.

C.        Cemeteries

Special Use District: RA, R20, H

1.         The owner and/or developer and the cemetery itself shall meet all applicable requirements of G.S. 65 Article 9, The North Carolina Cemetery Act.

2.         Cemeteries shall have direct access to a major or minor thoroughfare.

3.         A site plan shall be submitted that shows the location of entrances and exits, buildings, signage, pattern of internal circulation and storm drainage.

4.         There shall be adequate off-street facilities for funeral procession.

5.         A screen of dense plant material not less than six (6) feet high shall be planted where the cemetery abuts a residential lot. Additional buffering or landscaping may also be required elsewhere.

6.         No cemetery shall contain a crematorium.

D.        Group Development (More Than One Principal Structure on a Lot)

Special Use Districts: MU and I

Applicable to a group commercial or industrial development under unified control which consists of more than one structure or permissible principle use on a single tract. Yard and other space requirements may be varied to accommodate design flexibility, and, where located in the MU district, compatibility with the scale and set-back of adjacent structures.

1.         Site considerations:

a.         Such developments shall abut a major roadway or a collector street and shall have direct access thereto.

b.         Minimum setback of buildings from the street right-of-way shall be as shown for the applicable district in Section 6.1, Dimensional Requirements. This setback shall be measured from the major access street abutting the development.

In the MU District, setbacks should be substantially the same as adjacent properties, so as not to distract from the rural mill village atmosphere. If a greater setback from the street right-of-way is proposed, landscaped buffers shall screen parking areas, and the first ten feet from the right-of-way shall be developed for grass, plants and sidewalks and shall not be used for any purpose except necessary entrances and exits and shall not be used for off-street parking.

c.         Points of ingress and egress shall consist of a driveway or roadway at least 20 feet in width and shall be located a sufficient distance from highway intersections to minimize traffic hazards, inconvenience, and congestion.

d.         The number, width and location of curb cuts shall be such as to minimize traffic hazards, inconvenience and congestion.

e.         Consideration shall be given to parking at the side of the group development. Parking areas shall have a paved surface, and all parking areas shall be clearly marked.

f.          Within required yards abutting a street right-of-way all areas adjacent to proposed or existing parking lots and with required front and/or side yards abutting a street right-of-way line shall be landscaped. Such landscaping may include but not be limited to grass, low-lying shrubs, ground cover, etc. and submitted to the designated site reviewer for review and approval. The landscaped areas should be designed to meet all motor vehicle sight distance requirements.

g.         When the property abuts a residentially zoned lot, a greenbelt planting strip, not less than ten feet in width, shall be planted prior to opening of the business on the business side of the property. Such a greenbelt shall be planted at random with evergreens and other trees which eventually will grow to a height not less than ten feet.

2.         Required plans. Plans shall be submitted as may be required, showing:

a.         Topography of the site, at contour intervals no greater than five feet.

b.         Dimensions of the property and adjacent lots and streets.

c.         Location and proposed use of all buildings with dimensions and ground area thereof.

d.         Parking areas with marked spaces and traffic circulation.

e.         Service areas, off-street loading facilities, service drives and dimensions thereon.

f.          All pedestrian ways.

g.         A title, giving the names of the developers, the date, the scale of the plan and the person preparing the plan.

h.         Proposed landscaping, with property buffers between other uses. The owner(s) of the property shall be responsible for maintaining landscaped planting areas and buffers in perpetuity.

i.          Size and location of signs.

j.          Proposed water system and firefighting facilities, such as hydrants or sprinkler connections.

k.         The location and heights of all fences, walls, and hedges.

l.          Preliminary plan for water, sewer, storm sewer, and erosion and sedimentation control

m.        Profiles of publicly maintained water and sewer lines.

n.         Profiles, cross sections, and slopes of on-site, off-site ditches carrying water runoff.

o.         Erosion and sedimentation control plan.

p.         Lighting plan, where applicable.

E.         Residential Cluster Development

Special Use Districts: RA, R20, R15

A cluster development is a variation or exception to the lot size requirement specified in this Unified Development Ordinance. If approved, the developer can cluster or group dwelling units on part of the tract and allow the remaining part of the lot to remain in open space. This is strictly a method of transferring density. It does not allow any uses that are not specifically listed in the Unified Development Ordinance.

1.         Minimum size - No fewer than twelve (12) structures will comprise a cluster development.

2.         Site Plan - Any proposed project shall have a site plan that shows the following information:

a.         The location of the buildings, streets, alleys, walks, parking areas, recreation areas, tree covers, and planting.

b.         Number and show the dimensions of all building sites, streets, and utility easements to be dedicated to the public.

c.         All areas on the site plan other than public streets, easements or private streets, easements or private building sites shall be shown and designed as common areas.

3.         Landscape Plan - A landscape plan for all projects shall show all existing and proposed plant materials. The plan shall indicate the size and type of plants to be planted.

4.         Maximum Number of Lots - The maximum number of lots that may be created in a cluster development shall be calculated as follows:

a.         From the gross area of land to be developed, subtract twenty (20) percent which represents the approximate area needed for roadways.

b.         Divide the remainder by the minimum lot area requirement for single- family dwellings of the zoning district where the development is located.

The result is the maximum number of lots that may be created in the development. The twenty (20) percent factor shall be constant regardless of the actual amount of land used for the street system.

5.         Minimum Standard for Lots - A cluster development with approved utility systems, including wells and septic tank systems, shall be exempt from the minimum lot sizes specified in the Unified Development Ordinance except as required herein. However, in no case shall the lot size be less than sixty (60) percent of the minimum zoning lot size. Dimensional requirements such as lot width, front, side, and rear yards may vary up to a minimum of sixty (60) percent of that which is allowed within each of the districts, but in no case shall they be less than 60% the required dimensions.

6.         Peripheral Lots - The minimum size or the minimum standards of those peripheral lots which will be adjacent to undeveloped property in a single-family zone or developed as single-family houses shall be the same as the minimum size or the minimum standards required in the zoning district where the cluster development is located.

7.         Open Space Standards - At the discretion of the developers, a cluster development may utilize a range of lot sizes not in conflict with the minimum specified above in Paragraph 6 above Minimum Standards for Lots, and provided further that all land saved shall be designated as parks or open space. Such parks or open space may be deeded to the Village of Alamance or held in corporate or common ownership by the owners of lots within the development.

In consideration of the purposes served by a cluster development, the title to such open space areas as provided shall be preserved to the perpetual benefit of the public generally or the private properties in the development and shall be restricted against private ownership for any other purposes. Improvements clearly incidental to the purpose of these provisions may be made within the open space provided that the maximum coverage of such improvements shall not exceed twenty-five (25) percent of the open space.

8.         Access to Open Space - All lots created within the development shall have direct access to all parks or open spaces as provided by means of public streets, dedicated walkways, fact of physical contiguity, other public lands, or lands in common ownership by all residents.

9.         Open Space Provisions - Where the open space is to be deeded to a homeowners’ association or other such group ownership, the developer shall file a declaration of covenants and restrictions that will govern the open space and the association of nonprofit organizations. This declaration shall be submitted with preliminary plat approval and shall include but not be limited to the following:

a.         The homeowners’ association or the nonprofit organization shall be established before any lots are sold.

b.         Membership shall be mandatory for each lot buyer and any successive buyer.

c.         The association shall provide for liability insurance, any taxes, and maintenance of all grounds and facilities.

d.         Any sums levied by the association that remain unpaid shall become a lien upon the lot owner’s property.

e.         If all or any portion of the property held by the association is to be disposed of or if the association is dissolved, all such property shall be deeded in fee simple absolute title to the Village at no cost to the Village.

10.       Expiration - In any case where a cluster development has been approved and construction not begun within one hundred eighty (180) days, the approval shall automatically terminate and be of no further effect provided, however, the Board of Adjustment may, upon good and sufficient cause shown, extend this period for one (1) year upon written request of the applicant.

11.       Phased Development - A cluster development may be developed in phases provided that:

a.         The entire project receives approval before any phase development begins.

b.         All open space or common areas for the entire project be recorded and/or provided for in the homeowners’ association with the development of the first phase. However, cluster developments which do not involve a required homeowners’ association and which contain open spaces deeded to the Village of Alamance may be recorded provided that the open space of park land is deeded to and accepted by the Village prior to development of the first phase, or contract to give the Village the land is executed, or any combination.

c.         If a corporation or association is established for the open space, it will provide for total project membership.

12.       Review before submission to Board of Adjustment - A site plan committee composed of the Mayor, Zoning Administrator, county building inspector, fire personnel and the Village engineer shall review the submissions for completeness and may make recommendations to the applicant before the project is placed on the Board of Adjustment agenda.

F.         Restaurant, Café Excluding Drive-Through

Special Use District: MU

1.         Plans or drawings shall be presented showing: setback of building from right-of- way, parking area, ingress and egress, and proposed signage consistent with Chapter 7.

2.         Setback of the building shall be as required for the MU district.

3.         Scale and building materials shall be consistent with surrounding properties and reflect the rural mill village location.

G.        Retail Sales and Services

Special Use District: H

1.         Plans or drawings shall be presented showing: setback of building from right-of-way, parking area, ingress and egress, and proposed signage consistent with Chapter 7.

2.         Setback of the building shall be as required for the H district.

3.         Scale and building materials shall be consistent with surrounding properties and reflect the rural mill village location.

Section 6.1 Dimensional Requirements

Table 6.1.1 – Dimensional Requirements

Notes to Section 6.1 Dimensional Requirements

Note 1. Where public sewer is unavailable, larger lots may be required by the Alamance County Health Department. Where no public water supply and/or sewage system exists, no permit required by any Ordinance of the Village of Alamance shall be issued unless and until a permit shall have been granted by the Alamance County Health Department for the installation of a private water supply and/or sewage disposal system.

Note 2. Departures from this may occur when the average of adjoining properties is less than the minimum.

Note 3. This requirement does not apply to a bona fide farm.

Note 4. Applicable only for single-family dwellings in MU; otherwise, no minimum lot size or yard requirements apply.

Note 5. Accessory structures shall be a minimum of ten (10 feet from the residence. If within the rear yard, it may be no closer than five (5) feet to the rear property line and shall conform to side yard setbacks of the district where located.

Note 6. Recognition of this district as particularly susceptible to flooding necessitates larger lots so as to discourage intense development.

Section 6.2 Reduction of Lot Area Prohibited

No yard or lot existing at the time of passage of these regulations shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of these regulations shall meet at least the minimum requirements established by these regulations.

Section 6.3 Height Regulation

The height limitations contained in Section 6.1 Dimensional Requirements do not apply to spires, belfries, cupolas, chimneys, antennas, water tanks, ventilators, transmission towers, telecommunications towers or other similar structures not intended for human occupancy.

Section 6.4 Visibility at Intersections

On a corner lot, no fence, wall, ledge, or other planting or structure that will obstruct vision between a height of two and a half feet and ten feet above the center line grades of the intersecting streets shall be erected, placed, or maintained, within the triangular area formed by the right-of-way lines at such corner lots 10-ft on stop condition side and 70-ft on through street side (See Figure 6.4.1).

Figure 6.4.1 – Sight Distance Triangles

Section 6.5 Structures to Have Access

Every structure hereafter erected or moved shall be on a lot adjacent to a street that meets the minimum requirements for acceptance and maintenance by the N.C. Department of Transportation. The following are exempt from the requirements of this section:

1. 1. 1. Lots of record prior to the adoption of this Ordinance that have sufficient area to meet the minimum requirements of the district in which they are located; and
      2. Structures that are to be used in connection with a bona fide farming operation.
      3. All lots subdivided under G.S. 160D-802(c) must either have public or private street access and frontage meeting the requirements set forth herein or provide a permanent means of ingress and egress by easement across a driveway that provides access to a public or private street. The easement shall be reflected on the recorded subdivision plat. In addition, there shall be a written easement setting forth the nature and extent of the easement and maintenance agreement for the easement, driveway or private street. All public or private streets used for subdivisions under 160D-802(c) shall meet the Village of Alamance requirements for public or private streets. Points of ingress and egress shall consist of a 10-ft wide gravel (6” thick) driveway or roadway at least 25 feet in width ditch to ditch. The 25-foot requirement may be waived to accommodate specific site related challenges but in no event shall the minimum width of the driveway or roadway be less than 20 feet in width ditch to ditch.

Section 6.6 Extensions into Yards.

1. 1. 1. Eaves, cornices, and gutters of buildings may be permitted to extend 18 inches into any required yard if they do not constitute substantial impediments to vision or to free flow of light and air across the yard.
      2. Fences, solid or screening, are permitted in any side yard, provided they do not exceed 7 feet in height. However, no fence in excess of 5 feet in height shall be permitted within 6feet of any residential structure.

Section 6.7 Yard and Lot Types

Figure 6.7.1 – Location of Required Yards

1. Required Yards

   1. 1. Required Front Yards

      2. Required Secondary Front Yard on Corner Lots (one-half depth of required front yard)

      3. Required Side Yard

      4. Required Rear Yard

      5. Blocks lettered A-K show the remaining buildable area

      6. Lot Line

2. Lot Types

Figure 6.7.2 – Illustrative Examples of Lot Types

1. A, A(1), and A-D = Corner Lots

2. B and B-D = Interior Lots

3. C = Through Lots

4. A-D and B-D = Reverse Frontage Lots

C.    Computing Yards with Non-Straight Lot Lines

Figure 6.7.3 – Illustrative Examples of How to Calculate Setbacks

1. Lot Line for Computing Required Setback Lines

2. Required Front Yards

3. Required Secondary Front Yards on Corner Lots, one-half depth of required front yards

4. Required Side Yards

5. Required Rear Yards

D. Lots on Curves

Figure 6.7.4 – Illustrative Examples of how to Calculate Setbacks of Curved Lots

1. Dashed Line “A”, Lot Line to establish setback line

2. Dashed Line “B”, Setback Line (35 ft to right-of-way line)

3. Lots must be no less than the minimum required lot width along Line “B”

4. Lots must be at least eighty per cent (80%) of the minimum required lot width at the street or road measured on lot “A”.

E. Lots on Cul-De-Sac

Figure 6.7.5 – Illustrative Examples of how to Calculate Setbacks of Cul-De-Sac Lots

1. Dashed Line “A”, Lot Line to establish setback line
2. Dashed Line “B” Setback Line 35 ft to right-of-way line
3. Lots must be no less than the minimum required lot width along Line “B”
4. Lot width must be a minimum of twenty-five (25) feet on the street or road measured along Line A.

Section 7.1 Intent

This section is intended to regulate and control signs and their placement throughout the Village of Alamance for the following purposes:

1. 1. To provide a pleasing overall environmental setting and inviting community appearance, which is deemed vital to the continued economic attractiveness of the Village;
   2. To create a more productive, enterprising, professional business atmosphere;
   3. To allow signs appropriate to the planned character and development of each zoning district;
   4. To ensure that permitted signs do not become a hazard or nuisance;
   5. To promote traffic safety;
   6. To prevent business and advertising signs from conflicting with public safety signs; and
   7. To protect and enhance the value of properties.

Section 7.2 Applicability

1. With the exception of those signs authorized in Section 7.16, Permanent Signs Allowed Without a Permit, and Section 7.18, Temporary Signs Permitted Without a Permit, it shall be unlawful to construct, enlarge, modify, move or replace any sign or cause the same to be done, without first obtaining a zoning permit for such sign from the Village or its designee
2. Notwithstanding the above, changing or replacing the permanent copy on an existing lawful sign shall not require a permit, provided the copy change does not change the nature of the sign so as to render it in violation of this chapter

Section 7.3 Types of Signs

Sign, Free-Standing, Monument: A permanent, freestanding sign mounted on a base or other supports.

Sign, Free-Standing, Pole: A permanent, freestanding sign that is mounted on a pole(s) or other support(s) that is placed on and anchored in the ground or on a base and that is independent from any building or other structure.

Sign, Informational A sign intended for informational purposes as opposed to commercial or advertising purposes. Typically smaller in size, examples of incidental signs include parking signs, restroom signs and entrance and exit signs.

Sign, Knockout: A sign where the light source is placed in a channel behind the letters with light forming a “halo” or silhouette of the letters.

Sign, Marquee: A sign that is an integral part of a marquee that projects beyond abuilding wall.

Sign, Outdoor Advertising: An off-premises outdoor structure or display, either freestanding or attached to a wall which advertises or attracts attention to a business, commodity service or other activity conducted, sold or offered elsewhere than on the premises on which the structure or display is located.

Sign, Projecting: A sign attached to and supported by a building and extending beyond the building which it is attached at an angle of 30 degrees or more.

Sign, Suspended: A sign, which is suspended from the underside of a horizontal plane surface, such as a canopy or marquee, and is supported by such surface.

Sign, Wall: A sign attached to or painted on a wall of a building ,with the exposed display surface of the sign in a plane parallel to the plane of the wall to which it is attached or painted, and including signs affixed to or otherwise displayed on or through a facade window.

Section 7.4 General Provisions

The following regulations shall apply to all signs.

1. Construction Standards
   1. All signs shall be constructed and installed in accordance with the applicable provisions of the North Carolina State Building Code.
   2. All temporary signs shall be constructed of materials and printed on by inks and paints capable of withstanding normal weather conditions.
   3. All signs, except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this Ordinance, shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
2. Electrical Standards. All illuminated signs shall be installed in accordance with the applicable provisions of the North Carolina State Electrical Code and all illuminated detached signs shall be illuminated by an underground electrical source.
3. Maintenance of Signs. All signs shall be maintained in good structural and aesthetic condition. Deficiencies such as chipped paint, broken plastic, missing letters and exposed light bulbs shall be evidence of a lack of maintenance.

Section 7.5 Obstructions Prohibited

No sign shall be placed so as to obstruct the clear sight triangle at a street intersection nor shall any sign obstruct the view of motorists entering or leaving an off-street parking area.

Section 7.6 Relation to Other Building Elements

1. 1. 1. Signs shall relate in their placement and size to other building elements without obscuring building elements such as windows, cornices, or decorative details, except that signs may be placed on the inside of windows.
      2. Sign material, style and color shall complement the building façade in terms of design, scale, color, and materials.
      3. Individual shop signs in a single storefront shall relate to each other in terms of design, size, color, placement on the building, and lettering style.
      4. Signs placed on the inside of the window areas shall conceal no more than 25% of the area of the window on which the signs are located.

Section 7.7 Sign Lighting

1. Permitted Lighting - Signs shall be lighted with indirect light sources (e.g. backlighting); knockout signs are encouraged. Ground floodlights may also be used if the light is directed only on the sign and not onto adjacent properties or roadways and the light fixtures are fully shielded from view through the use of landscaping.

2. Prohibited Lighting

   1. Neon, argon, and similar lighting fixtures shall not be used anywhere on the exterior of a building; however, such signs may be mounted on the inside of store windows.

   2. Blinking or flashing incandescent bulbs, spotlights, floodlights or similar lights of a red, yellow, blue or any other color that is in current general use by emergency or law enforcement vehicles are prohibited for signs oriented to approaching vehicular traffic and applies to all signs either permanent or portable. Exempt are neon or other tubular lights.

Section 7.8 Electronic Message Boards

1. 1. 1. Definition – An electronic message board is a sign, or portion of a sign, that displays an electronic text image. Such signs include any sign, or portion of a sign, that uses changing lights to form a sign message or uses electronic means to change the sign message.
      2. Requirements; Where Permitted - Electronic Message Boards are permitted under the following conditions:

1. 1. 1. 1. Permitted for churches, schools, and community and civic centers.

         2. Permitted only as a free-standing monument sign.

         3. The minimum hold time for a message is fifteen seconds (15 seconds)

         4. No commercial messages or advertising may be displayed; only public announcements, public information or events may be displayed.

         5. No animation shall be allowed, and a sign shall in no way flash, blink, rotate or use scintillating lights or lights of varying intensities that may distract drivers.

         6. Signs in residential districts or within one hundred feet of a residence must be turned off by 11:00 PM and may be turned on by 6:00 AM.

         7. Such signs require a special permit granted by the Board of Adjustment.

Section 7.9 Sign Height Computation

Sign height shall be computed as the lower of:

1. existing grade prior to construction, or

2. the newly established grade after construction, exclusive of filling, berming, mounding , or excavating solely for the purpose of locating the sign. The calculation of height of a sign placed on a berm or mound shall include the height of the berm or mound.

Section 7.10 Sign Area Computation

The area of a sign face (which is also the sign area of a wall sign or other sign with only one emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets Unified Development Ordinance regulations and is clearly incidental to the display itself.

Section 7.11 Sign Area Computation for Multi-faced Signs

The sign area for a sign with multiple faces shall be computed by adding together the area of all sign faces visible from any one (1) point.

When a sign is composed of two (2) or more sign faces, only one (1) of which can be viewed from any one (1) point, and when such sign faces are part of the same structure, the sign area shall be computed by the measurement of one (1) of the faces.

Section 7.12 Forfeiture of Illegal Signs Placed on or Over Public Property

Any sign installed or placed on or over public property, except in conformance with the requirements of this section, shall be forfeited to the public and be subject to confiscation and disposal. In addition to other remedies provided by this section and the Village Code of Ordinances, the Village shall have the right to recover from the sign owner and/or installer the full costs of removal and disposal of such sign.

Section 7.13 Sign Placement

The following provisions shall apply to the placement of all signs in all districts.

A.  In General

1. Signs must be located entirely on private property, unless otherwise permitted by this section.
2. No sign may be located so that it blocks the sight triangle at any driveway or public street intersection.

B.  Wall Signs. Wall mounted signs shall not extend above the eave or parapet of any building.

C.  Freestanding Signs

1. All parts of freestanding signs must be set back a minimum of five (5) feet from the property line.
2. No freestanding sign shall be located closer than fifteen (15) feet from another structure on the same zoning lot.
3. No portion of a freestanding sign, including projections, may extend into or over an existing public right-of-way, unless expressly permitted by this Chapter.

Section 7.14 Temporary Signs

1. Temporary signs shall be located on private property unless expressly permitted by this section to be posted on public property.
2. All temporary signs shall be anchored, attached, or otherwise affixed to a structure or support so that the sign cannot be easily dislodged by strong winds or heavy rains.

Section 7.15 Permitted Signs

Signs shall be permitted and prohibited as follows:

Table 7.15.1 – Matrix of Permitted Signs

Section 7.16 Permanent Signs Allowed Without a Permit

Notwithstanding Section 7.2 and in addition thereto, the following permanent signs shall be permitted without a zoning permit.

1. Historical markers, regulatory signs, public interest signs, and warning signs erected and maintained by the Village or state or an agent of such.

2. On-premises directional signs not exceeding four (4) feet in height nor four (4)square feet in area.

3. Identification signs not exceeding two (2) square feet in area nor two (2) feet in height.

4. Informational signs.

5. Flags on permanent poles.

6. Any sign not legible or easily noticeable from public property or a public right-of-way and obviously not intended to attract the attention of the public.

7. Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.

8. Traffic control signs on private property, the face of which meets Department of Transportation standards and which contain no commercial message of any kind.

9. Electronic changeable reader boards as part of a free-standing sign that complies with the overall area calculations, and that complies with the following:

   1. Minimum time in between message changes shall be ten (10) seconds.

   2. No animation shall be allowed.

   3. The electronic changeable reader board shall not exceed 20%of the total area of the sign face.

   4. The sign shall in no way flash, blink, rotate, or use lights of varying intensities that may distract driver.

   5. The light emitted from such signs shall not exceed 5,000 nits during the day and 500 nits during nighttime hours.

Section 7.17 Signs Requiring a Permit

Any sign not expressly listed as permitted without a permit shall require the issuance of a valid zoning permit prior to installation.

Section 7.18 Temporary Signs Permitted Without a Permit

The following temporary signs are permitted without a zoning permit in all zoning districts but shall be in conformance with all other requirements of this Ordinance.

1. Campaign or election signs shall be permitted provided that:

   1. Individual signs shall not exceed sixteen (16) square feet in area or six (6) feet in height.

   2. All signs shall be removed within one (1) week after the election for which they were made.

   3. No signs shall be permitted in the public right-of-way.

2. Real estate signs, excluding temporary development signs provided that:

   1. Signs advertising all residential lots, buildings, units, or spaces for sale or for lease shall not exceed six (6) square feet in area or four (4) feet in height.

   2. Signs advertising all non-residential lots, buildings, units, or spaces for sale or for lease shall not exceed a sign face area of thirty-two 32 square feet or exceed a height of six (6) feet.

   3. Only one (1) sign per street front of the advertised property shall be erected.

   4. Signs shall not be illuminated.

   5. Signs shall be removed within seven (7) days after the sale is closed or rent or lease transaction is finalized.

3. Construction signs are permitted provided that:

   1. Signs located on residential lots, excluding multi-family sites, shall not exceed six (6) square feet in area. The maximum height of such signs shall be six (6) feet.

   2. Signs for all multi-family development sites and nonresidential uses shall not exceed a sign face area of thirty-two (32) square feet or a height of six (6) feet.

   3. Signs are confined to the site of construction.

   4. Only one (1) sign per street front of the property under construction shall be erected.

   5. Signs shall not be illuminated.

   6. Signs shall be removed within seven (7) days after the completion of the project.

4. Temporary farm products signs are permitted provided that:

   1. Signs are located on the premises where the products are sold.

   2. Signs advertise products produced on-site only.

   3. Signs shall not exceed 24 square feet in area or five (5) feet in height.

   4. Only one (1) sign shall be erected.

   5. Signs shall be removed within seven (7) days of the termination of sale activities.

   6. Temporary special event signs or banners for religious, charitable, civic, fraternal, or similar organizations, are permitted provided that:

   7. Signs shall not exceed 32 square feet in area or five (5) feet in height.

   8. Signs shall be erected no sooner than 14 days before and removed seven (7) days after the event.

5. Holiday lights and decorations are permitted.

6. Any sign not legible or easily noticeable from public property or a public right- of- way and obviously not intended to attract the attention of the public.

7. Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.

8. Yard Sale Signs: One (1) on-premise and four (4) off-premise signs per yard sale provided that no sign exceed four (4) square feet and are removed within 24 hours after the sale. Signs shall not be placed on power poles and/or street signs.

Section 7.19 Temporary Signs Requiring a Permit.

Temporary signs permitted upon issuance of a valid zoning permit shall be limited as follows:

1. Temporary banners in commercial districts, provided that only one (1) banner per establishment shall be allowed at a time.

   1. All banners must be attached in total to a building wall or permanent canopy extending from a building.

   2. No paper banners shall be allowed.

   3. Banners shall be erected for a period not to exceed two (2) weeks.

   4. No more than six (6) such signs per establishment shall be erected within a calendar year.

   5. No banner shall extend above the second occupiable floor level of a building.

2. Temporary off-premises signs or banners for special community events open to the general public and sponsored by non-commercial civic, charitable, community, or similar organizations, provided that:

   1. Temporary signs shall be located outside of the public right-of-way or at least11 feet from the edge of any public street if the right-of-way cannot be determined.

   2. Every temporary off-premises sign or banner shall be separated by a distance of 400 feet from any other such temporary off-premises sign on the same side of a street, and by a distance of 200 feet from any other sign on the opposite side of a street.

3. Nothing in this provision shall be construed to authorize the posting of such signs or banners upon trees, utility poles, traffic control signs, lights or devices in any place or manner prohibited by the provisions herein, nor on private property without written consent of the owner.

4. Any temporary sign not expressly permitted without a permit.

Section 7.20 Prohibited Signs

Notwithstanding Section 7.2 and in addition thereto, the following signs, both permanent and temporary, are prohibited in all zoning districts:

1. Signs extending into the public right-of-way other than those expressly permitted by this Chapter or otherwise approved by the Village Aldermen, if placed along public streets.

2. Flashing, fluttering, swinging, wind-activated, rotating, animated signs and other digital or electronic message boards, excluding flashing time and/or temperature signs unless otherwise allowed by this Ordinance. Traffic signals, railroad crossing signals and other official warning or regulatory signs and electronically controlled message centers or reader boards where different copy changes, involving alphabetical or numerical characters only, present messages of a public service or commercial nature shall not be considered flashing signs, as long as such signs comply with the provisions of this Ordinance.

3. Any sign which obstructs the view of motorists, pedestrians, or cyclists using any street, sidewalk, bike path, or driveway, or which obstructs the approach to any street intersection or railroad crossing, or which interferes with the effectiveness of any traffic sign, device, or signal.

4. Illuminated or highly reflective signs which hamper the vision of motorists or cyclists.

5. Any sign that resembles traffic signals, traffic signs, or emergency vehicle lights and any other sign not erected by a public authority which may be erroneously construed as governmental signs or emergency warning signs.

6. Beacons, pennants, and strings of lights not permanently mounted to a rigid background, except those permitted as temporary signs.

7. Any sign that interferes with free passage from or obstructs any fire escape, downspout, window, door, stairway, ladder, or opening intended as a means of ingress or egress or providing light or air except for permitted window signs.

8. Any sign placed on any curb, sidewalk, post, pole, hydrant, bridge, tree, or other structure or surface located on, over, or across any public street right-of-way or property unless expressly authorized by this Chapter or the Village Aldermen.

9. Off-premises signs advertising adult establishments.

10. Off-premises signs on parcels of land that are zoned residential, used primarily for residential purposes, or which do not include an active permitted use as established by this Chapter.

11. Inflatable devices or balloons.

12. High intensity searchlights.

13. Any object displayed in a manner which is intended to attract attention to a site, product, or event.

14. Any sign not expressly permitted by this Chapter.

Section 7.21 Enforcement of Regulations

Any sign, structure, or other form of advertising defined as a sign herein that is erected or placed anywhere in the Village of Alamance after adoption of this Ordinance that is not in compliance with the provisions of this section shall be subject to the enforcement provisions outlined in Chapter 2, Administrative Provisions.

Section 8.1 Purpose of Buffering/Landscaping Requirements

The purpose of this Chapter is to establish minimum standards for landscaping and buffering to promote public safety, privacy, and well-being and to protect an abutting property from less characteristics of the property for which buffering is required due to a dissimilar district, use, and/or primary transportation route. It is also intended to protect and preserve the appearance, character, and value of property and surrounding neighborhoods, provide for temperature modification and shading, and to mitigate adverse visual effects, overhead lighting, wind and dust, and increased activity associated with urban development.

Section 8.2 Roadside Landscaping Requirements, Parking Lots with More Than 10 Spaces

A.    Roadside Screening Along Public Right-of-Way: All parking lots containing 10 or more parking spaces shall include a minimum 5 foot wide maintained natural or planted buffer yard to screen the parking lot from all adjoining public road rights-of-way.

B.    Composition of Roadside Buffer

1.    Trees. The required roadside buffer yard shall contain at least 1 canopy tree for each 50 linear feet of road frontage and each tree shall be a minimum of 8 feet in height and 2 inches in caliper when initially planted. Each tree shall be a species which can be expected to attain a minimum height of 40 feet and have a crown width of 30 feet or greater at maturity.

2.    Shrubs. The required buffer yard shall also contain shrubs planted at a rate of 15 per 100 linear feet of road frontage.

3.    Other Materials. All portions of the roadside buffer yard not planted with trees or shrubs or covered by a wall or other barrier shall be planted with grass, ground cover, or natural mulch of a minimum depth of 3 inches.

Section 8.3 Landscaping in Parking Areas for 20 or More Spaces

A.    Required Planting Area: Each off-street parking area designed for 20 or more spaces, which has been issued a zoning permit after the effective date of this Ordinance and each area to which spaces are added totaling 20 or more spaces after the effective date of this Ordinance shall have provided and maintained 1 planting area for every 20 spaces constructed.

B.    Truck Maneuvering Areas Exempt: Areas designed and dedicated for truck maneuvering are exempt from the requirement.

C.    Planting Area Composition and Location: Each planting area shall have an unobstructed width dimension of not less than 7 1/2 feet and shall not be less than 110 square feet in area. Each planting area shall be protected by curbing, bollards, or parking barriers and contain at least 1 (one) canopy tree.

Planting areas shall be located within the parking area and islands, or around the perimeter of the parking areas within 16 feet of the pavement or curb. At least 50% of the planting areas shall be islands within parking areas.

Section 8.4 Buffering/Screening of Adjoining Incompatible Land Uses

A.    Attached Housing (Multi-Family or Single-Family Attached) Abutting Single Family Residential When 2 or more multi-family or single-family attached housing buildings or 5 or more multi- family residential or single-family attached dwelling units are proposed for property directly abutting a single-family residential use or property zoned single-family residential, the multi-family use shall provide the following screening:

1.    A minimum 15 foot perpetually maintained natural or planted buffer yard provided along all property lines directly abutting a single-family use or zoned lot.

2.    The buffer yard shall contain 3 canopy trees and 5 understory trees per 100 linear feet of buffer yard. Canopy trees shall be a minimum of 8 feet high and 2 inches in caliper when planted. Understory trees shall be a minimum of 4 feet high and 1 inch in caliper when planted.

3.    The buffer yard shall also contain 15 shrubs per 100 linear feet of buffer yard.

4.    All portions of the buffer yard not planted with trees or shrubs or covered by a wall or other barrier shall be planted with grass, groundcover, or natural mulch 3 inches deep, minimum.

B.    Commercial/Office Uses Abutting Residential

When a commercial/office use is proposed for a property adjoining a residential use or residentially zoned lot, the commercial/office use shall provide the following screening:

1.    A minimum 20 foot maintained natural or planted buffer yard shall be provided along all property lines directly abutting a residentially used or zoned lot.

2.    The buffer yard shall contain 7 understory evergreen trees per 100 linear feet of property line. Understory trees shall be a minimum of 6 feet high and 1 inch in caliper when planted.

3.    The buffer yard shall also contain 25 shrubs per 100 linear feet of buffer yard.

4.    All portions of the buffer yard not planted with trees or shrubs or covered by a wall or other barrier shall be planted with grass, groundcover, or natural mulch 3 inches deep, minimum.

C.    Industrial Uses Abutting Residential

When an industrial use is proposed for property that adjoins a residential use or a residentially zoned lot, the industrial use shall provide screening to meet the following standards:

1.    For property zoned Industrial, a minimum 30 foot maintained natural or planted buffer yard shall be provided along all property lines directly abutting a residentially used or zoned lot.

2.    The buffer yard shall contain 10 understory evergreen trees per 100 linear feet of property line. Understory trees shall be a minimum of 6 feet high and 1.5 inch in caliper when planted. The buffer yard shall also contain 33 shrubs per 100 linear feet of buffer yard.

3.    All portions of the buffer yard not planted with trees or shrubs or covered by a wall or other barrier shall be planted with grass, groundcover, or natural mulch a minimum of 3 inches deep.

D.    Summary Chart of Buffer Requirements to be Provided by Developer

Table 8.4.1 - Summary of Buffer Requirements

Section 8.5 Alternative Screening Methods

Under certain circumstances the application of the standards delineated in this Chapter may be either inappropriate or ineffective in achieving the purposes of this Ordinance. When screening is required by this Chapter or by other provisions of this Ordinance and the site design, topography, unique relationships to other properties, lot configuration, spatial separation, natural vegetation, or other special considerations exist relative to the proposed development, the developer may submit a specific plan for screening to the Zoning Enforcement Officer This plan must demonstrate how the purposes and standards of this Ordinance will be met by measures other than those listed in this Section. If approved by the Zoning Enforcement Officer, the alternative screening plan may be utilized to meet the requirements of this Ordinance.

A combination of natural vegetation, fences, walls, and berms may be used to achieve the screening requirements of this Section provided that the following standards are met:

1.    Walls (a minimum of 8 feet in height and constructed of masonry, stone, or pressure treated lumber) or an opaque fence (a minimum of 6 feet in height) may be used to reduce the widths of the buffer yards required in this Section. A chain link or similar type fence with screening is unacceptable.

2.    Understory trees may be substituted for canopy trees if, in the opinion of the Zoning Enforcement Officer upon conferring with the electrical utility provider, a conflict exists with overhead utility lines.

3.    Any berm used for screening purposes shall have a minimum height of 3 feet, a minimum crown width of 3 feet, and a side slope no greater than 3:1. The berm shall have the required amount of understory trees and shrubs as defined in this Chapter.

Section 8.6 Protection of Existing Trees in Required Buffer Strips

The preservation of existing trees that are proven to be healthy and appropriate for screening is mandatory in required buffer strips and is to be used as credit toward a portion of the buffer required by this Chapter.

Section 8.7 Maintenance

In order for any landscape screening to fulfill the purpose for which it was established, it must be properly maintained. The owner of the property and any tenant on the property where screening is required will be jointly and severally responsible for the maintenance of all required screening materials. Maintenance includes actions necessary to keep screening materials healthy, neat, and orderly in appearance and free of litter and debris. Any live screening materials such as shrubs and trees which may die must be replaced in compliance with the minimum standards of this Ordinance. All screening and landscaping areas must be protected from damage by motor vehicles or pedestrians which could reduce the effectiveness of the screening.

Section 8.8 Obstructions Prohibited

Landscaping and screening materials should not obstruct the view of motorists using any road, driveway, or parking aisle.

Section 8.9 Guarantee in Lieu of Immediate Installation of Landscaping and Screening Materials

It is recognized that land development occurs continuously, and that vegetation used in landscaping or screening should be planted at certain times of the year to ensure the best chance of survival. In order to ensure compliance with this Ordinance and reduce the potential expense of replacing landscaping or screening materials which were installed in an untimely or improper fashion, the developer may provide an adequately secured performance bond or other security to ensure that all of the requirements of this Section will be fulfilled.

Section 8.10 Screening of Dumpsters

All solid waste storage facilities are to be enclosed and screened from the view of adjoining residences, residentially zoned lots, or road rights-of-way. Such screening may consist of natural vegetation, fences, walls, or berms and shall be installed, located, or constructed so as to create an effective screen and keep the dumpster from being viewed off-site. The screening shall be at least 2 feet taller than the highest point of the dumpster. All dumpsters shall be placed on a concrete pad that is large enough to provide adequate support and allows for drainage. The enclosure must have a gate to allow for access and security. The gates must be closed at all times except for when on-site users are discarding debris or when the designated trash pickup company is retrieving from the receptacle.

Section 8.11 Screening of HVAC

HVAC units, when ground mounted, must be located at the rear of the building or along the side where it cannot be seen from the front of the building. When HVAC is roof mounted, sufficient screening is required to screen the unit(s) from the public view.

Section 9.1 Off-Street Parking Requirements

There shall be provided 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 or occupancy to another, permanent off- street parking space in the amount specified by this Ordinance. Such parking space may be provided in a parking garage or properly graded open space. No off-street parking or loading shall be permitted in a required yard or open space, except in the case of a single or two (2) family dwelling.

Table 9.1.1 displays standards for off-street parking.

Table 9.1.1 Dimensional Standards for Off-Street Parking

Section 9.2 Certificate of Minimum Parking Requirements

Each application for a building permit 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. Required off-street parking area for three (3) or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another. This information shall be in sufficient detail to enable the Building Inspector to determine whether or not the requirements of this Ordinance are met.

Section 9.3 Combination of Required Parking Space

The required parking space for any number of separate uses may be combined in one 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 spaces required for churches, theater, 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 and on Sundays.

Section 9.4 Remote Parking Space

If the off-street parking space required by this Ordinance cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within four hundred (400) feet of the main entrance to such principal use.

Section 9.5 Handicapped parking.

Certain spaces may be designated for parking a vehicle for handicapped or visually impaired persons. Vehicles parking in such spaces shall display a distinguishing license plate or placard as provided in G.S. 20-37. Violation of these requirements shall be as authorized by G.S. 20-37.6 and provided for in the Village Code.

Section 9.6 Separation from Walkways, Sidewalks, and Streets

All parking, loading and service areas shall be separated from walkways, sidewalks, and streets by curbing or other suitable protective device to prevent vehicles from intruding into these areas.

Section 9.7 Minimum Parking Requirements

The following off-street parking space shall be required and maintained as applicable:

Table 9.7.1 – Off-Street Parking Requirements by Use

Section 9.8 Off-Street Loading Requirements

In any district in which a building hereafter erected is to be occupied by any manufacturing, processing, assembly, wholesaling, retailing, laundering, dry cleaning or similar activity requiring the receiving or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building at least one (1) off-street loading space plus one (1) additional space for every twenty thousand (20,000) square feet or major fraction thereof of gross floor space in excess of ten thousand (10,000) square feet. Each such loading space shall be at least ten (10) feet in width, sixty (60) feet in length, and shall have a height clearance of at least fourteen (14) feet. A maximum of five (5) spaces will be required unless the proposed use demonstrates a need for more.

Section 10.1 Uses of Land or Structures in General

Except as specifically provided in this chapter, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. A nonconforming situation is the use of land or existence of a structure that, after the effective date of this Ordinance, is prohibited in the district in which it is located.

Section 10.2 Nonconforming Uses of Open Land

A nonconforming use of open land consists of open lots used for storage yards, car lots, auto wrecking, junkyards, and similar uses where the only buildings on the lot are incidental and accessory to the open use of the lot and where the use is not permitted in the zoning district where it is located.

Such nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming. Fencing or other screening of the use does not change its status as a nonconforming use of open land.

Section 10.3 Nonconforming Uses of Structures

A nonconforming use of a structure is a function or purpose, occurring in the particular structure, that is not permitted in the zoning district in which the structure is located.

A.    Enlargement of Structures That Are a Nonconforming Use is Prohibited: Use of a structure for purpose that has been made nonconforming by adoption of this Ordinance or by rezoning may not be enlarged or altered in a way that increases its nonconformity.

B.    Maintenance and Repair: Normal maintenance and repair of a structure used for a nonconforming purpose is permitted and encouraged, provided it does not extend the nonconformity.

C.    Change to Conforming Use: Any nonconforming use of a structure may be changed to a conforming use, or, with the approval of the Board of Adjustment, a nonconforming use may be changed to a use more in character with the uses permitted in the district as long as there is no structural enlargement.

D.    Extension of Use Within a Nonconforming Structure: A nonconforming use of a structure shall not be extended or enlarged except into portions of the structure, which, at the time the use became nonconforming, were already erected, and arranged or designed for such nonconforming use. No structural alterations shall be made in any structure occupied by a nonconforming use, except those required by law or ordinance or ordered by the Building Inspector to secure the safety of the structure.

E.    Discontinuance of a Nonconforming Use of Structure: When any nonconforming use of a structure is discontinued for a continuous period of 180 days, any future use of the structure shall be limited to those uses permitted in that district under the provisions of this Ordinance. Vacancy and/or non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

F.    Single-Family Residence Exception: Any structure used for a single-family residence that has been made nonconforming by adoption of this Ordinance or by rezoning maybe replaced with a structure of the same or a larger size, as long as the replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to yard size and setback. In particular, a manufactured home may be replaced with a larger manufactured unit. Minor variances in setbacks due to lot size may be presented to the Board of Adjustment for consideration. This policy is adopted in the interest of maintaining an adequate stock of housing in the Village of Alamance.

Section 10.4 Nonconforming Structures

A nonconforming structure is a structure that does not meet all of the dimensional requirements of this Ordinance for lot coverage, height, yards or other characteristics of the structure or its placement on the lot.

A.    Lawful Structures May be Continued: Any structure that was lawful as to its dimensions at the effective date of the adoption, amendment or readoption of this Ordinance but could not be built under its present provisions may be continued as long as it remains.

B.    Enlargement Prohibited: Nonconforming structures shall not be enlarged or expanded. However, in limited circumstances, the Board of Adjustment, after notice and hearing, may issue a permit for enlargement. The following minimum conditions, in addition to any other reasonable conditions, shall be met in order for the Board to grant an extension of the nonconforming structure:

1.    The enlargement does not increase the space devoted to the nonconforming use

2.    The enlargement does not increase the dimensional nonconformity of the use(yard, height, setback requirements)

3.    The enlargement does not enclose previously unenclosed land.

C.    Maintenance and Repair: Normal maintenance and repair of a nonconforming structure is permitted and encouraged provided it does not extend the nonconformity.

D.    Change or Expansion of Uses Within Nonconforming Structures: If no structural alteration or enlargements are made, the Board of Adjustment, after notice and hearing, may permit an extension of a use or a change to a use more compatible with the district. In permitting such extension or change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this Ordinance. Such extension or change shall not be permitted to take place beyond the building in which it occurs.

E.    Damage or Destruction: If a nonconforming building, with the exception of a nonconforming single-family residence as provided in Section 10.3.F, is destroyed by any means to an extent of more than fifty (50) percent of its assessed value at time of destruction, such building may not be restored for any nonconforming use.

Section 10.5 Nonconforming Lots

A.    Vacant Lots: A nonconforming vacant lot is defined as a lot for which a plat or deed has been recorded in the office of the Alamance County Register of Deeds, which at the time of adoption of this Ordinance failed to comply with the minimum area and/or width requirements of the district in which it is located. Any such nonconforming lot may be used for any of the uses permitted in the district in which it is located provided that:

1.    Where the lot area is not more than twenty (20%) percent below the minimum specified in this Ordinance, and other dimensional requirements are otherwise complied with, the Zoning Enforcement Officer is authorized to issue a zoning compliance permit.

2.    Where the lot area is more than twenty (20%) percent below the minimum specified in this Ordinance or other dimensional requirements cannot be met, the Board of Adjustment is authorized to approve as a variance such dimensions as shall conform as closely as possible to the required dimensions; and

3.    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 combined to create a single lot or lots which meet the minimum requirements of this Ordinance.

B.    Nonconforming Lots with Structures: A nonconforming lot with structures is defined as a lot occupied by a building or buildings or structures at the time of the adoption of this Ordinance, that fails to comply with the minimum requirements for area, width, yard and setback for the district in which they are located. These lots may continue to be used.

Section 10.6 New Uses or Construction

After the effective date of this Ordinance, all new construction and the moving, altering, and enlarging of existing structures shall conform to the use, area, and bulk regulations for the district in which it is, or is to be, located.

Section 10.7 Conforming Uses

After the effective date of this Ordinance, existing structures or the use of land or structures which conform to the regulations for the district in which they are located may be continued, provided that any structural alteration or change in use shall conform to this Ordinance.

ARTICLE 1. GENERAL

Section 11.1 Title

This Chapter of the Unified Development Ordinances shall be known as the Subdivision Regulations of the Village of Alamance, North Carolina.

Section 11.2 Statutory Authority

This Chapter is hereby adopted under the authority and provisions of G.S. 160D, Article 8.

Section 11.3 Jurisdiction

These standards shall govern all subdivisions of land within the corporate limits of the Village of Alamance, North Carolina, and within its extraterritorial planning jurisdiction, as it now exists or may hereinafter be established.

Section 11.4 Purpose

The purpose of this Chapter is to promote the public health, safety, and general welfare by providing for the orderly subdivision of land in the Village. Among other reasons, this Chapter is deemed necessary to assure the appropriate layout and use of land; provide safe, convenient, and economic circulation of vehicular traffic; provide for the dedication or reservation of street right-of-way, installation of streets and utilities; avoid undue concentrations of population; and ensure proper legal description, identification, monumentation, and recordation of property boundaries.

Section 11.5: Scope

This Chapter shall govern the platting and recording of any subdivision of land lying within the Village and its area of extraterritorial jurisdiction.

This Chapter is applicable to all divisions or redivisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale or building development, and shall include all divisions of land involving the dedication of a new street or a change in an existing street.

Section 11.6 Amendment Procedure

This Chapter may be amended from time to time by the Village Board of Aldermen as provided by G.S. 160D-801, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation. The Planning Board shall have 45 days within which to submit its recommendation. If the Planning Board fails to submit a recommendation within the specified time, it shall be deemed to have approved the amendment.

ARTICLE 2. ADMINISTRATION

Section 11.7 Subdivision Administrator

(A)    This Chapter shall be administered by the Subdivision Administrator with the assistance of the technical staff.

(B)    The Subdivision Administrator shall be appointed by the Village Board of Aldermen. The powers and duties of the Subdivision Administrator shall be to implement the provisions of this Chapter with the assistance of the appropriate technical staff. The responsibilities of the Subdivision Administrator shall include conferring with subdividers, reviewing plans and plats of land subdivisions, coordinating and collaborating with the technical staff on the plans and plats, making field investigations of plans and improvements, and presenting the plans and plats with findings and recommendations to the Village Board of Aldermen as required by the provisions and intent of this Chapter.

Section 11.8 Technical Staff

(A)    The technical staff shall include the Subdivision Administrator, the Village Administrator/Clerk, the Village Engineer and the representatives from the County Board of Health, Village Planning Board, County Board of Education, County Soil and Water Conservation District supervisors, Village Recreation Commission, State Department of Transportation, and other agencies and specialists as deemed necessary by the Subdivision Administrator to properly implement the provisions and intent of this Chapter.

(B)    The responsibilities of the representatives of the technical staff shall include reviewing the plans and plats and performing the necessary field work and investigation.

ARTICLE 3. SUBDIVISION PLATS

Section 11.9 Approval Required

(A)    Prior to the subdivision of a tract or parcel of land, a plat shall be prepared, approved, and recorded pursuant to the provisions of this Chapter. No plat shall be required for the division of land described under Chapter 11, Article 6, Exceptions and Variances.

(B)    The County Recorder shall not file or record a plat of land within the territorial jurisdiction of this Ordinance which has not been approved in accordance with this Ordinance or certified as an exception to this Ordinance.

(C)    No administrative agent of the Village shall issue any permit for the construction of any building, approval of electrical installation, or other improvement requiring a permit upon any land for which a subdivision plat is required, unless and until the requirements of this Ordinance have been complied with and approval granted in accordance with this Ordinance.

(D)    No street shall be recommended for maintenance by the State Department of Transportation or the Village upon any land for which a plat is required, unless and until the requirements have been complied with and approval granted in accordance with this Ordinance.

(E)    As set forth in G.S. 160D-806, the approval of a subdivision plat pursuant to this Ordinance shall not be deemed to constitute or effect the acceptance by the Village, the State Department of Transportation, or other public agency of the dedication of any street, utility line, or other public facility site shown on the plat.

Section 11.10 Pre-application Conference with Subdivision Administrator Recommended

It is recommended that the subdivider meet with the Subdivision Administrator in a pre-application conference to discuss informally the provisions of this Ordinance and the subdivision of the land contemplated by the subdivider.

Section 11.11 Preliminary Plans

(A)    The subdivider shall submit six (6) copies (prepared by a surveyor or Engineer licensed in North Carolina) of the preliminary plan to the Subdivision Administrator fourteen (14) days prior to Planning Board Meeting.

(B)    Preliminary plans shall be prepared at a minimum scale of one inch to 200 feet. Preliminary plans shall include, but not be limited to, the information shown in Appendix A.

(C)    If no street right-of-way dedication or reservation is involved and no street improvements are required to be made by the subdivider according to the provisions of this Ordinance, the Subdivision Administrator may waive the requirement for the preliminary plan.

(D)    Approval of the preliminary plan shall be valid for one year and shall authorize the subdivider to proceed with the preparation of construction plans for the improvements.

Section 11.14 Construction Plans

(A)    The subdivider shall submit a minimum of five copies of the construction plans for required street and community utility improvements to the Subdivision Administrator.

(B)    Construction plans, including plan and profile, shall be prepared as required by this Section. The ratio of profile scales shall be ten to one, horizontal to vertical. The plans shall be at scales of 1 inch to 20 feet, 1 inch to 30 feet, 1 inch to 40 feet, or 1 inch to 50 feet.

(C)    Plans and profiles shall be drawn on standard size sheets 24 inches by 36 inches. Sufficient data for field construction shall be presented on the construction plans, including, but not limited to, the information shown in Appendix B.

(D)    If street and community utility improvements are not required in a subdivision by the provisions of this Ordinance, construction plans shall not be required.

(E)    Approval of the construction plans authorizes the subdivider to proceed with the construction of improvements and preparation of the final plat.

Section 11.12 Final Plats

(A)    The subdivider shall submit two (2) mylars and (5) copies of the final plat to the Subdivision Administrator.

(B)    The final plat shall be prepared in accordance with the requirements of this section and G.S. 47-30, as amended. The plats shall be prepared at a scale of not less than one inch to 100 feet on reproducible cloth, linen, film, or other permanent material and shall be a standard sheet size of 20 inches by 24 inches. Final plats shall include, but not be limited to, the information shown in Appendix C.

(C)    The following certificates shall be on the final plat and properly completed by the appropriate persons prior to submission to the Village Board of Aldermen for final plat approval.

(1)    Certificate of ownership and dedication.

I (we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon, which was conveyed to me (us) by deed recorded in Book , Page , and that I (we) hereby acknowledge this plat and allotment to be my (our) free act and deed and hereby establish the minimum building lines, and dedicate to public use as streets, alleys, crosswalks, easements, parks, and other spaces forever as shown or indicated. Further, I (we) certify that the property as shown hereon is within the subdivision-regulation jurisdiction of the Village of Alamance.

_________________________________          __________

            Owner                                                Date

__________________________________

            Owner                      

____________________________________________________________________________________________________

(2)    Certificate of accuracy.

I hereby certify that under my direction and supervision this plat, shown and described hereon, was drawn from an actual survey, deed reference recorded in Book , Page     , ; that the error of closure as calculated by latitudes and departures is 1:    ; and that this plat was prepared in accordance with G.S. 47-30, as amended. Witness my hand and seal this ____day of _________  , 20 .

____________________________        _____________________

  Engineer or Land Surveyor             Registration Number

______________________________________________________________________________________________________

(3)    Certificate of a notary public.

Subscribed and sworn to before me this ____  day of ___________   , 20 .

_____________________                          __________________________

Notary Public                                      Date my commission expires

______________________________________________________________________________________________________

(4)    Certificate of registration.

The foregoing certificate(s) of ________________________________    a Notary (or notaries) Public of the governmental units designated is (are) certified to be correct.

Filed for registration on the ____  day of __________  , 20 , at  _______ m., and duly recorded in the office of the Recorder of this County in Book or Plats Number  _______   , Page______.

By

________________________________                                    ____________________________________

Recorder                                                                              Deputy

______________________________________________________________________________________________________

(5)    Certificate of approval of water and sewer facilities.

I hereby certify that the water and sewer facilities proposed for installation in this subdivision fully meet the requirements of all applicable rules and regulations.

_______________________________                                 __________

Director,                                                                                    Date

Alamance County

Health Department     

______________________________________________________________________________________________________

(6)    Certificate of approval of required improvements.

The undersigned hereby certify that the required improvements have been made on this property in an acceptable manner and in accordance with the specifications of the subdivision code of the Village and other applicable regulations, or that a performance or surety guarantee bond in the amount of $     has been posted with the Village to assure completion of all required improvements in case of default on the part of the subdivider.

1.    Approval of required improvements:

________________________________                            ___________

North Carolina State                                                   Date

State Department of

Transportation

________________________________                             ___________

Subdivision Administrator                                         Date

Village of Alamance,

North Carolina

______________________________________________________________________________________________________

(7)    Certificate of approval by the Village Board of Aldermen:

This subdivision plat has been found to comply with the provision of the subdivision regulations of the Village and is approved this date by the Village Board of Aldermen for recording in the office of the Recorder.

_______________________________________                                ____________________

Mayor, Village of Alamance                                                           Date

Attest: ______________________

      Subdivision Administrator

           Village of Alamance

(D)       No final plat shall be approved until all improvements are installed or their execution guaranteed as set forth in this Chapter and all certificates required on final plats have been properly completed and signed.

(E)        The appropriate members of the technical staff shall review plans and plats for compliance with the provisions and intent of this Ordinance. The findings and recommendations of the technical staff shall be assembled by the Subdivision Administrator. The Subdivision Administrator shall notify the subdivider of the action by the technical staff with promptness as soon as action is taken and within a maximum of 60 days after the receipt of the plans or plats.

(F)        The subdivider may appeal to the Village Board of Aldermen if the technical staff review finds the plans or plats not to be in compliance with the provisions and intent of this Ordinance. The appeal must be made by the subdivider in writing within 60 days after notification by the Subdivision Administrator. The written appeal shall include in detail the justification for the appeal.

(G)       The Village Board of Aldermen shall review the findings and recommendations of the technical staff as well as the appeal by the subdivider prior to rendering a final decision on the plans or plats.

(H)       Final approval of plats shall be given by the Village Board of Aldermen, as required by G.S. 160D-803. Approved plats shall be endorsed by the Mayor. If plats are disproved, the reasons for disapproval shall be noted in the minutes of the Board of Aldermen.

(I)         The Subdivision Administrator shall return a copy of the recorded final plat to the subdivider after recordation.

Section 11.16  Review Procedure for Minor Subdivision Plats

(A)       Objective – An abbreviated process shall be permitted to simplify and speed up the review procedure for handling minor subdivision plats without undermining the objective of the subdivision regulations.

(B)       Minor Subdivision Defined – A minor subdivision shall include all subdivisions that:

(1)        Front on an existing road;

(2)        Contain ten (10) lots or less; and

(3)        Has access to water and sewer if inside Village of Alamance Limits.

In addition to the definition above, Minor Subdivisions shall include those subdivisions that qualify under G.S. 160D-802(c) if the tract or parcel of land to be subdivided is in single ownership and meets all the following criteria:

i. The tract or parcel to be divided is not considered exempt under this Ordinance.

ii. No part of the tract or parcel to be divided has been divided under this subsection in the 10 years prior to division.

iii. The entire area of the tract or parcel to be divided is greater than five acres.

iv. After division, no more than three lots result from the division.

v. After division, all resultant lots comply with all of the following:

1. Any lot dimension size requirements of this Ordinance.

2. The use of the lots is in conformity with the requirements of this Ordinance.

3. A permanent means of ingress and egress is recorded for each lot as required by this Ordinance.

(C)       Review Procedure

(1)        The subdivider shall submit a sketch development plan to the Subdivision Administrator. At this stage, the Administrator and the subdivider shall informally review the proposed subdivision  to insure it meets the requirements of a minor plat.

(2)        After this initial review has been completed, the subdivider shall prepare a final plat as specified in Chapter 11, Article 5, and submit it to the Planning Board for their review and approval.

(3)        The Board of Aldermen shall approve or disapprove the final plat at their next regular meeting.

(D)       Final Plat Requirements – The abbreviated procedure for minor plats does not change the requirements for final plats as specified in Chapter 11, Article 5.

(E)        Appeal Procedure – If the subdivider disagrees with the decision of the Planning Board or does not receive a response within thirty (30) days, the subdivider may appeal to the Village Board of Aldermen at their next regular meeting.

ARTICLE 4. DESIGN STANDARDS

Section 11.17  General Requirements

(A)       Land shall be subdivided in accordance with good land planning practices, including adequate consideration of the natural topography and drainage features and the type of development proposed.

(B)       Land shall be subdivided in compliance with pertinent official development plans and this Ordinance.

Section 11.18  Streets

(A)       Street names shall not duplicate or closely approximate, phonetically, existing street names in the county, and street names of existing streets shall be projected where applicable.

(B)       Streets shall be designed in coordination with existing and proposed streets in the surrounding area providing for the continuation of appropriate streets.

(C)       Means of ingress and egress for adjoining property shall be provided in the layout of streets.

(D)       If land is to be subdivided into tracts larger than typical building lots, streets and roads shall be graphically arranged on the preliminary plan so as to allow for future resubdivision and opening of streets.

(E)        Cul-de-sacs or other dead-end streets designed to be permanently closed shall be no longer than 800 feet and shall be provided at the closed end with sufficient right-of-way for vehicular circulation. Circular right-of-way at the closed end shall conform to requirements set forth in “Subdivision Roads Minimum Construction Standards,” published July 1, 1985 by the North Carolina Department of Transportation and as it may be subsequently amended.

(F)        Parkways or double streets may be required to traverse a drainageway, watercourse, or stream. The width of the right-of-way shall be adequate to accommodate the flow of storm water.

(G)       Parallel access streets may be required along existing or proposed arterials and major collectors to afford separation of local traffic from through traffic.

(H)       The widths of right-of-way and roadway surfacing on streets adjacent to existing or proposed nonresidential property may be increased up to 15 feet to insure the free flow of traffic without interference by vehicles entering or leaving the property.

(I)         Private streets or reserve strips shall not be platted in any subdivision.

(J)        Street and road rights-of-way shall be reserved and dedicated as follows:

(1)        Arterials and major collectors shall be reserved in compliance with official street plans if direct access to the property is to be prohibited. If direct access to the property is to be permitted, such rights-of-way shall be dedicated in compliance with official street plans.

(2)        Rights-of-way for minor collectors and local streets shall be dedicated in compliance with official street plans and the provisions of this chapter.

(K)        Subdivision streets shall conform to the following requirements and minimum standards of design.

Design Speed   Maximum Grade         Minimum Stop Sight Distance

40 m.p.h.                      7%                               275 feet

(1)        Design speed may be reduced in mountainous areas, as defined by the State Department of Transportation.

(2)        Grades steeper than the above maximum grade are allowable in mountainous areas, as defined by the State Department of Transportation. Grades for 100 feet each way from intersections shall not exceed 5%, and grades less than 0.5% shall not be used. All changes in grade shall be connected by vertical curves of minimum length equal to 35 times the algebraic difference in rates of grade for minor collectors and 20 times the algebraic difference for local streets.

   Figure 11.18.1 Standard Street and Road Cross-Sections

(L)        The following minimum standards shall apply to street intersections.

(1)        Streets shall be laid out so as to intersect as nearly as possible at right angles. No street shall intersect any other street at less than a 60-degree angle.

(2)        Intersections, whether full or tee intersections, shall not occur at less than the distance indicated:

                                                     Minimum Distance

            Street Type                        Between Intersections

            Arterial                                1,000 feet

            Major collector                  800 feet

            Minor collector                 400 feet

            Local                                   200 feet

(3)        Right-of-way on each corner at an intersection shall be enlarged by constructing of a triangle. One point of the triangle shall be the intersection of the centerlines of the two streets abutting the corner lot.

The other point on minor collectors and local streets and shall be located on the centerlines of the two streets abutting the corner lot. The minimum distance from centerline intersections for arterials and major collectors shall be determined by the State Department of Transportation.

(4)        Sight distance at each intersection shall not be obstructed and shall be enlarged by constructing a triangle. One point of the triangle shall be the intersection of the centerlines of the two streets abutting the corner lot, and the other points shall be located a minimum of 100 feet distant along the centerlines of the two streets abutting the corner lot except as otherwise determined by the State Department of Transportation.

Section 11.19  Blocks

Blocks shall be laid out with due consideration given to the traffic circulation pattern and the contemplated use.

(A)       Blocks shall have sufficient width to provide two tiers of lots of minimum size, except blocks may be one lot in width where reverse frontage lots are required to separate development from through traffic on arterials and major collectors or to separate residential development from nonresidential uses.

(B)       Along each side of each street the distance between through streets shall fall between the minimum and maximum specified below, provided that the minimum distance specified shall not prevent access from adjoining property to a street.

  Table 11.19.1 Block Length Requirements

                                                  Minimum  Distance         Maximum Distance

Street Type                                Regular Subdivision          Large- Lot Subdivision 

Arterial (1,000 feet)                            ---                                     ---

Major Collector (800 feet)                  ---                                     ---

Minor Collector (600 feet)           2,000 feet                          2,000 feet

Local Street (400 feet)                   1,400 feet                          1,800 feet

Section 11.20  Lots

Lots shall be designed in shape, size, and location with due regard to topographic conditions, features of the surrounding area, contemplated use, and official plans and Ordinances.

(A)       Every lot shall front or abut on a public street.

(B)       Double frontage and reverse frontage lots shall be avoided, except where required to separate development from through traffic on arterial and major streets or to separate residential development from nonresidential development.

(C)       Side lot lines shall be substantially at right angles or radial to street lines.

(D)       All lots shall conform with the minimum standards noted below and the minimum standards contained in this Ordinance, the Building Code of the State of North Carolina, or other such regulation.

(1)        In calculation of lot areas, lot depths, and lot widths, land within any street right-of-way or railroad right-of-way shall not be considered.

(2)        Corner lots shall have an extra width of 20% of the average lot width within the subdivision, but no corner lot shall be required to exceed 100 feet in width.

(3)        Land subject to flooding or land which may aggravate the flood hazard or increase the danger to life or property if developed, and land uninhabitable for other reasons, shall not be considered in determining the minimum lot area or maximum lot depth as herein specified. The criteria as developed by the state shall be used.

(4)        A strip of land 40 feet in width, in addition to the minimum required lot depth and width, shall be provided between all railroads, arterial and major streets, nonresidential properties, and like uses, and properties of existing or proposed residential development. This strip shall be a part of the lots and reserved permanently for screening conflicting uses of land.

(5)        Nonresidential lots shall be of suitable area and dimension to accommodate the development anticipated and shall be of sufficient area to include off-street service facilities and off-street vehicular parking for patrons and employees. The minimum area of lots with sewer and water facilities shall be approved by the Director of the County Health Department on the basis of anticipated use, type of sewer and water facilities proposed, and site analysis.

(6)        Residential lots shall conform to the following minimum standards.

(a)        The width of residential lots shall be no less than 40% of the depth of the lot, but no lot shall be required to be more than 150 feet in width.

(b)        On-site sewer and water facilities shall be approved by the Director of the County Health Department.

(c)        Any residential lot located within a watershed of a stream designated for public water supply shall be a minimum of 40,000 square feet where on-site wastewater disposal is used. Maps indicating those watersheds are available in the County Health and Planning Departments.

(d)        The minimum lot area for residential lots with on-site facilities shall be determined by the results of soil surveys and investigations, percolation tests, and other appropriate criteria and tests, but in no case shall a lot be smaller than specified below:

                                         Facilities                                             Minimum Lot Size

                  RA 30         On-site Water and Sewer                   30,000 square feet

                                         On-site Sewer                                       As zoned

                                         Village Sewer                                        As zoned

                                         Village Water and Sewer                    As zoned

Section 11.21  Building Setback Lines

(A)       The building setback from the lot line shall be no less than the following distances.

         Setback Line                                                            Distance

From the front property line on streets

Arterial                                                                             As Zoned

Major collector                                                                As Zoned

Minor collector                                                                As Zoned

Local                                                                                 As Zoned

From the side property line abutting streets               As Zoned

From the side property line not abutting streets        As Zoned

From the rear property line                                            As Zoned

Section 11.22  Easements

(A)       Utility easements, when and where required, shall be a minimum of 20 feet in width along rear lot lines and subdivision boundaries and ten feet in width alongside lot lines. Where possible, these easements shall be centered on lot lines providing ten feet on each side of the rear lot line and five feet on each side or the side lot line. An easement of ten feet along a subdivision boundary is sufficient if there is an easement of like or greater size on the opposite side of the boundary.

(B)       Where a drainageway, watercourse, or stream traverses or borders a subdivision, it shall be shown on the preliminary plan and the final plat conforming with the lines of the watercourse and at a width adequate to accommodate the flow of storm water.

(1)        Watercourse boundaries as drawn on preliminary plans and final plats are to be interpreted as approximations of actual boundaries. For example, a 20-foot watercourse shall be deemed to extend approximately ten feet on each side of the center of water flow, unless otherwise specified.

(2)        Where a subdivider proposes to create a new watercourse in order to relocate an existing watercourse or to handle road runoff, a drainage easement along the proposed new watercourse shall be indicated on the preliminary plan and the final plat. Any channels, diversions, or other improvements needed to carry water to or along this new course shall be constructed or guaranteed prior to final plat approval.

(3)        A strip of land 40 feet in width shall be reserved permanently between all railroads, arterial and major streets, nonresidential properties, and like uses, and properties of existing or proposed residential development.

Section 11.23  Reservation of Public Facility Sites

It is in the public interest that land proposed for public facility sites by official development plans within or partially within property being subdivided should be reserved for the specific public use. In order to more effectively coordinate public and private plans, developers of land shown to have public use on official plans of the Village are encouraged to develop their preliminary subdivision plans recognizing the potential public use of these sites. Developers are encouraged to negotiate with public agencies involved toward the end of acquiring the public sites in order that the integrity of public plans may be maintained.

ARTICLE 5. IMPROVEMENTS

Section 11.24  Improvements Prerequisite to Final Plant Approval

(A)       No subdivision plans shall be granted final approval until the required improvements have been made in accordance with the provisions of this Section.

(B)       Final plats may be approved prior to the completion of required improvements upon the guarantee of the improvements by the subdivider within an 18-month period. the Village may accept performance or surety guarantee bonds in the amount to one and one-half times the cost of making the required improvements, whereby these improvements may be made without cost to the public or subsequent purchasers of the property in the event of default on the part of the subdivider.

Section 11.25  Required Improvements

Within the jurisdiction of this Section, construction or guarantee by bond of the following improvements shall be required prior to final plat approval.

(A)       Rights-of-way shall be cleared and grubbed in accordance with the requirements set forth in the most recently published requirements of the State Department of Transportation.

(B)       Street grading and drainage shall be completed in accordance with the approved construction plans and in accordance with the most recent published requirements of the State Department of Transportation.

(C)       All materials, the construction of the shoulder and base course and pavement surface shall meet the requirements set forth in the most recently published requirements of the State Department of Transportation. (See Appendix D).

(1)        In all subdivisions except those which had received preliminary plan approval prior to the adoption of this chapter, paving of streets is required. (See Appendix D).

(2)        All unsurfaced disturbed portions of street rights-of-way shall be stabilized by seeding, fertilizing, and mulching or by another equally effective method.

Section 11.26  Erosion and sediment Control

Subdividers are advised to submit erosion and sediment control plans of all land-disturbing activities covering more than one acre to the State Sedimentation Control Commission beginning March 1, 1975, and to conform to the most recent published requirements of this commission.

Section 11.27  Jurisdiction of Adjoining Municipalities

Within the subdivision-regulation jurisdiction of any municipality whose governing body agrees by resolution to the provisions of this Section, the required improvements, such as grading and surfacing of streets and installing storm drainage and community water and sewer facilities, shall be in accordance with the requirements and standards specified by the respective municipalities.

Section 11.28  Removal of Debris

(A)       All fallen trees, stumps, junk, and rubbish of any nature resulting from the grading of streets or the clearing of lots in the subdivision shall be completely buried, destroyed, or removed from the subdivision site.

(B)       All debris, fallen trees, junk, and other accumulations of a nature that will impede the passage of waters in their downstream course or cause flooding shall be removed from the channel and banks of any stream, creek, or drainageway of the subdivision site.

Section 11.29  Street Signs

Street signs shall be erected by the subdivider at each street intersection. Street name signs shall conform to those adopted and in use by the Village.

Section 11.30  Monuments and Markers

Monuments and markers shall be located and installed as required and in accordance with the rules and regulations of the North Carolina Manual of Practice for Land Surveying, Volume I, and G.S. 39-32.1 through 39-32.4, as amended. Monuments and markers shall be of the design and type described in these rules and regulations.

Section 11.31  Community Utilities

(A)       Where an established public water system is available in the extraterritorial jurisdiction to a subdivision and water lines may be extended from it to all lots in the subdivision at a cost equal to or less than the cost of installing a well on each lot in the subdivision, the subdivider shall be required to provide each lot in the subdivision with access to a water line connected to the public water system. All lots within the Village limits shall connect to the Village Water System.

(B)       Where an established public sewage system is available to a subdivision and sewer lines may be extended from it to all lots in the subdivision at a cost equal to or less than the cost of installing a septic tank and nitrification lines on each lot in the subdivision, the subdivider shall be required to provide each lot in the subdivision with access to a sewer line connection to the public sewage system. All lots within the Village limits shall connect to the Village Sewer System.

(C)       Further, the subdivider is encouraged to cooperate with utility companies in the installation of underground telephone and electrical systems.

Section 11.32  Landscaping as set forth in this Ordinance shall apply

ARTICLE 6. EXCEPTIONS AND VARIANCES

Section 11.33  Exceptions

(A)       The following shall not be included nor be subject to the regulations prescribed by this Ordinance:

(1)        The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the Village as described in this Ordinance.

(2)        The division of land into parcels greater than ten acres where no street right-of-way dedication is involved.

(3)        The public acquisition by purchase of strips of land for the widening or opening of streets.

(4)        The division of a tract in single ownership, the entire area of which is no greater than two acres, into not more than three lots, where no street right-of-way dedication is involved, and where the resultant lots equal or exceed the standard described in this Ordinance.

(5)        The division of a tract or parcel of land into not more than two lots within a two-year period, where no right-of-way dedication is involved and where the resultant lots equal or exceed the standards described in this Ordinance.

(6)        The division of a cemetery into gravesites.

(B)       Plats not subject to the provisions of this Ordinance may be recorded provided the owner desiring to record such plats shall obtain a certificate of exception from the Subdivision Administrator and shall present this certificate to the Recorder as proof that the exception conditions are present.

(C)       Certificate of exception.

I (we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon, which was conveyed to me (us) by deed recording in Book _____  , Page _____ , which is excepted from application of the Subdivision standards of the Village of Alamance, North Carolina.

__________________                        ____________________

Owner                                                       Date

__________________                          ____________________

Subdivision Administrator                   Date

Section 11.34:  Variances

The following conditions may constitute justification for varying the standards and requirements of the Ordinance. At the request of the Subdivision Administrator, a subdivider seeking a variation shall make application in writing, stating his reasons for seeking a variation.

(A)       The standards and requirements of this Ordinance may be modified in the case of a plan and program for a complete group development or planned unit development, if the development provides adequate public spaces and improvements for pedestrian and vehicular circulation, recreation, light, air, service needs of the tract, and continued maintenance of on-site group or public utilities when fully developed and populated, and which also provides those covenants, financial guarantees, and other legal provisions to guarantee conformity to and achievement of the total development plan.

(B)       Where, because of the natural features or other existing physical conditions peculiar to the site, compliance with the standards and requirements of this Ordinance would cause an unusual and unnecessary hardship to the subdivider, variations may be permitted provided that the variations will not have the effect of nullifying the purpose of these regulations.

ARTICLE 7. PENALTY

(A)       Any person who, being the owner or agent of the owners of any land located within the subdivision-regulation jurisdiction of the Village, hereafter subdivides such land in violation of this Ordinance or transfers or sells any part of such land by reference to, exhibition of, or any other use of a plat showing a subdivision of land before such plat has been properly approved under the provisions of this Ordinance and recorded in the office of the County Recorder, shall be subject to a civil penalty punishable by a fine one hundred dollars ($100.00) for the first violation, ($250.00) for the second violation, and ($500) for the third violation, within the same calendar year.

(B)       This Ordinance may also be enforced by Injunction, Order of Abatement, or other equitable remedy upon application to the courts, as permitted by G.S. 160A-175.

(C)       The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the equitable remedy of injunction.

Article 8. CLUSTER DEVELOPMENT

Section 11.35  Definition

Cluster development is a variation or exception to the lot size requirements specified in this Ordinance. If approved, the subdivider can cluster or group dwelling units on part of the tract and allow the remaining part of the lot to remain in open space. This is strictly a method of transferring density. It does not allow any uses that are not specifically listed in this Ordinance.

Section 11.36  Plat and Site Approval Required

(A)       Plat: Any proposed cluster project, whether it is a single-family detached dwelling unit, duplex, townhouse, or condominium project, shall have a preliminary and final plat approved by the Planning Board and the Board of Aldermen.

(B)       Site Plan: Any proposed project shall have a site plan that shows the following information:

(1)        The location of the buildings, streets, alleys, walks, parking areas, recreation areas, tree covers, and planting.

(2)        Number and show the dimensions of all building sites, streets, and utility easements to be dedicated to the public.

(3)        All areas on the site plan other than public streets, easements or private building sites shall be shown and designed as common areas.

(C)       Landscape Plan: A landscape plan for all projects shall show all existing and proposed plant materials. The plan shall indicate the size and type of existing plant material and the size and type of plants to be planted.

ARTICLE 9. FEES

(A)       Fees for the following services will be established by the Village Board of Aldermen:

(1)        Review of Preliminary Plans;

(2)        Review of Construction Plans; and

(3)        Review of Final Plat.

(4)        Recording Fee

(5)        Construction Observation Fee

(B)       The schedule of fees adopted by the Village Board of Aldermen, and as the said Board may from time to time amend or modify them, will be available in written form from the Village Clerk.

ARTICLE 10. APPENDIX A: SPECIFICATIONS FOR PRELIMINARY PLANS

Section 11.37  Title Data

Required title data shall be as follows:

(A)       Date of submission.

(B)       Name and address of owner(s).