September 7, 2010 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 90 Meeting of the Johnston County Board of Commissioners September 7 , 2010 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 7 , 2010 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Wade M Stewart , Chairman , Allen L Mims , Jr , Vice Chairman , Cookie Pope , Jeffrey P Carver , DeVan Barbour , W Ray Woodall and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , David F Mills , County Attorney , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments None 2 Department of Transportation – Comprehensive Transportation Plan Update Item tabled from the 10 00 am meeting Sarah Lee and Scott Walston , with NC Department of Transportation’s Planning Branch , provided the Board with an update on the DOT’s Comprehensive Transportation Plan Ms Lee reviewed the following PowerPoint Presentation with the Board Johnston County Comprehensive Transportation Plan NCDOT Transportation Planning Branch September 7 , 2010 2 Overview • Brief review of a CTP • Review steering committee’s progress and next steps • Show roadway capacity deficiency map – Get your input and consensus on the dataPage91 September 7 , 2010 – 6 00 pm Continued 3 CTP Review • Comprehensive Transportation Plan • Long - range year 2035 • Purpose Objectives … – Reduce traffic congestion and improve safety – Identify existing and future transportation deficiencies – Generate information decision - makers can use to guide future transportation decisions • Developed cooperatively with NCDOT , the local planning organizations , and representatives from the county and its municipalities 4 CTP Review • Includes map set and written report • Multi - modal – Highway , Public Transportation , Rail , Bicycle , Pedestrian – Recommendations for each mode 5 Committee’s Progress in the CTP process Roadway Network Data Collection Recommended Plan Public Survey Current Year Data Traffic Growth Adoption Analysis Rates Traffic Technical Report Project Data Projections We are Analyze Deficiencies Corridor Protection here Develop Alternatives ProgrammingPage92 September 7 , 2010 – 6 00 pm Continued 6 Capacity Deficiencies Maps • Objective target and analyze the future problem areas and create solutions on the final plan • Capacity how much traffic a road can hold Based on attributes such as speed limit , lane width , number of lanes , etc • Deficiencies problem areas • Projected traffic is compared to the road’s existing capacity ? “ Volume Capacity Ratio ” 2035 Volume 2035 Volume Existing Capacity Existing Capacity 7 A Road’s Capacity to Hold Cars can be Compared to a Basket’s Capacity to Hold Apples Empty Basket Can Hold 5 Apples Volume 4 apples Volume 5 apples Volume 2 apples Volume 0 apples Capacity 5 apples Capacity 5 apples Capacity 5 apples Capacity 5 apples V C ratio 8 V C ratio 10 V C ratio 4 V C ratio 0 Near Capacity of Basket Definite Problems No problems No problems Slightly difficult to Another basket or a bigger Still Room for More get more apples in one is needed to continue On MAP Black Green Red Purple Under Capacity Near Capacity Blue Road is crowded , At Over Capacity but not too full Road is too crowded 8 2035 Volume Capacity Deficiencies Map Showing anticipated traffic problems in 2035 OK Still OK Congested Very CongestedPage93 September 7 , 2010 – 6 00 pm Continued 9 Smithfield Inset 10 Your Input and Consensus • Committee has a consensus on this data • Now we also want your consensus as we move forward – Feedback on the map – Any surprises , disagreements , or other comments This is the basis for the recommendations map But just a start – areas are also examined that may not show deficiencies , based on local input and ideas 11 Your Public Next Steps consensus involvement Recommended Plan Current Year Data Adoption Analysis Technical Report Project Data Your Analyze Deficiencies Corridor Protection consensus With Develop Alternatives committee Programming already started PagePage pageNumber594 September 7 , 2010 – 6 00 pm Continued 12 More Info Contact Info Johnston County CTP Website http wwwncdotorg doh preconstruct tpb planning johnstonCohtml Sarah E Lee Berry Gray Transportation Engineer II Planning Director NCDOT TPB Johnston County 919 733 - 4705 919 989 - 5150 selee @ ncdotgov berrygray @ johnstonnccom Daniel Van Liere Scott Walston Transportation Planner Triangle Unit Supervisor Upper Coastal Plain RPO NCDOT TPB 252 462 - 2642 919 733 - 4705 danielvanliere @ nashcountncgov swalston @ ncdotgov More info at wwwncdotorg ~ tpb Ms Lee stated that the DOT hopes to bring a recommended plan back to the Board for review as the next step Commissioner Allen L Mims , Jr asked about new road construction recommendations Ms Lee stated the Committee is still finalizing the recommendations and have not yet finished proposed new road locations Commissioner Mims pointed out there are many roads already over capacity near the Clayton area He suggested that the DOT begin to identify where future right - of - ways will be needed for road widening projects as soon as possible so that when the economy begins to pick up and new proposed development is submitted for the Board’s review , the County will be able to properly plan Ms Lee stated the DOT takes into consideration the existing road conditions as well as the traffic that is expected to be generated from proposed development that has already been approved but not yet constructed Commissioner W Ray Woodall asked Ms Lee to look into the area around Little Divine Road in that there have been many accidents and it is a dangerous road 3 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – August 25 and September 1 , 2010 Certified letters were mailed to adjoining property owners on August 23 , 2010 Notices were posted at the locations on June 30 , 2010 for Cases 10 - 11 and 10 - 12 The Chairman opened the Rezoning Hearing for Case 10 - 11 Case 10 - 11 Petition to rezone 24 acres located at 2644 Strickland’s Crossroads Road SR 1143 in Bentonville Township from General Business GB to Agricultural Residential AR Tax ID 02J14048L Owner Applicant Jean B Massengill Chairman Wade M Stewart stated that he had received a call from the owner applicant , Ms Massengill , earlier in the day indicating that she would not be able to attend the hearing due to a death in her immediate family Chairman Stewart noted the request is to downzone the property and he asked if any Board member had any objections with going ahead and hearing the case It was the unanimous consensus of the Board to proceed with the rezoning hearing for Case 10 - 11 Planning Director Berry Gray stated the petition is to rezone 24 acres located at 2644 Strickland’s Crossroads Road in Bentonville Township from General Business to Agricultural Residential Mr Gray reported there is an existing singlewide mobile home located on the property The subject property previously was part of the parcel of land that included an adjacent country store which was zoned General Business years ago in its entirety because of the store Mr Gray noted that the land has since been split and the property owner wishes to rezone the subject site to conform to the present residential use PagePage pageNumber695 September 7 , 2010 – 6 00 pm Continued Mr Gray stated the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 10 - 11 Decision on Rezoning Case 10 - 11 Case 10 - 11 Petition to rezone 24 acres located at 2644 Strickland’s Crossroads Road SR 1143 in Bentonville Township from General Business GB to Agricultural Residential AR Tax ID 02J14048L Owner Applicant Jean B Massengill Commissioner DeVan Barbour moved the Board approve rezoning case 10 - 11 to rezone 24 acres located at 2644 Strickland’s Crossroads Road SR 1143 in Bentonville Township from General Business to Agricultural Residential Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 10 - 12 Case 10 - 12 Petition to rezone 4427 acres located along Old Drug Store Road SR 1524 in Cleveland Township from General Business GB to Agricultural Residential - Special Use District AR - SUD and General Business - Special Use District GB - SUD Tax ID 06D01015F , 06D01016A , 06D01015T , 06D01015X Owners Son - Lan Shipwash LLC , Anthony Woodard , Vision Properties and Investments Applicant Son - Lan Shipwash LLC Planning Director Berry Gray stated the petition is to rezone 4427 acres located along Old Drug Store Road in Cleveland Township from General Business to Agricultural Residential - Special Use District and General Business - Special Use District Mr Gray noted the special use permit request associated with the rezoning to allow for a planned development mixed use Mr Gray stated the existing land is zoned General Business and is vacant except for a child care facility along with other commercial lots that are also presently vacant He noted the surrounding land uses are zoned Agricultural Residential and used for such purposes as well as General Business and used for a commercial park Mr Gray stated the area is located within a designated Primary Growth Area in the County Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , the site is located near a Regional Center activity node as listed in the Land Use Plan Jonathan Barnes of Dalton Engineering in Clayton , representing the applicant , appeared before the Board and offered to answer any questions Mr Gray stated the Planning Board recommended approval of the rezoning request He noted that there are two lots that have sold in the commercial area of the site and those property owners are in agreement with the proposed use Mr Gray confirmed that staff does have the agreement by the property owners on file There being no further comments , the Chairman closed the Rezoning Hearing for Case 10 - 12 Decision on Rezoning Case 10 - 12 Case 10 - 12 Petition to rezone 4427 acres located along Old Drug Store Road SR 1524 in Cleveland Township from General Business GB to Agricultural Residential - Special Use District AR - SUD and General Business - Special Use District GB - SUD Tax ID 06D01015F , 06D01016A , 06D01015T , 06D01015X Owners Son - Lan Shipwash LLC , Anthony Woodard , Vision Properties and Investments Applicant Son - Lan Shipwash LLC Commissioner DeVan Barbour moved the Board approve rezoning case 10 - 12 to rezone 4427 acres located along Old Drug Store Road SR 1524 in Cleveland Township from General Business to Agricultural Residential - Special Use District and General Business - Special Use District Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 10 - 12 Case 10 - 12 To allow for a Planned Development Mixed Use Owners Son - Lan Shipwash LLC , Anthony Woodard , Vision Properties and Investments Applicant Son - Lan Shipwash LLCPagePage pageNumber796 September 7 , 2010 – 6 00 pm Continued Those wishing to speak on Special Use Case 10 - 12 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for a planned development mixed use Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 10 - 12 on June 2 , 2010 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On July 20 , 2010 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 12 and made the following recommendations Upon a motion by Mr Letchworth for approval of the rezoning , seconded by Mr DeLaine , and carried by a vote of 7 - 0 , th meeting Case 10 - 12 received rezoning approval at the July 20 Upon a motion by Mr Letchworth for approval of the Special Use Conditions , seconded by Mr DeLaine , and carried by a th vote of 7 - 0 , Case 10 - 12 received approval of the Special Use Conditions at the July 20 meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed development is located in a growing area of the County This location also offers easy access to major transportation networks Staff The development is designed to maintain the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed development layout meet the criteria of Sec 14 - 257 of the Land Development Code Staff The proposed development meets the requirements and complies with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant While the existing development contains commercial areas , the proposed development would allow residential areas that are comparable with adjacent areas Staff This development plan provides residential development within an approved commercial zone which will help integrate this development into the community 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed development offers easy access to major transportation networks , and conforms with the Land Development Code and the County’s Land Development Plan Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Mixed Use PUD Special Use Conditions 1 Permitted Uses Planned Development Mixed Use with 148 dwelling units and 984 acres of commercial development 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff , for all undeveloped commercial lots 4 Installation of a landscape buffer within a landscape easement in accordance with LDC Sec 14 - 257 L and the County’s Design Manual 5 The developer shall establish a maintenance agreement for the landscape buffering 6 Building setbacks in accordance with LDC Sec 14 - 257 L and as provided by the developer Residential Area Front 10 ’ , Side 5 ’ , and Rear 10 ’ PagePage pageNumber897 September 7 , 2010 – 6 00 pm Continued 7 Commercial Uses shall be in accordance with LDC Sec 14 - 257 L , and designated GB - SUD by metes and bounds description on the County’s Zoning Atlas 8 Provide entrance and street signage 9 All lots shall access internal streets 10 Cul - de - sac lots must have 20 ’ road frontage 11 Complete improvements or provide performance guarantee 12 Temporary turn around will be constructed at the end of all stub out streets 13 Provide stub out road signage in accordance with LDC Sec 14 - 226 g 14 No additional commercial or residential driveways shall be allowed on Old Drug Store Road 15 Only 75 of the lots will be permitted for construction of homes until the streets are accepted by NCDOT for maintenance into the state system LDC Sec 14 - 226 7 16 Establish private road maintenance agreement for townhome area 17 A revised driveway permit and subdivision design approval must be obtained prior to construction 18 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 19 Within the commercial area signage shall be in accordance with the signage code 20 Subject to the County’s Water and Sewer Policy 21 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 22 Soil Erosion & Sedimentation Control Plan required 23 Stormwater Management Plan required 24 The developer shall establish a maintenance agreement for the stormwater features and the retention pond 25 Fee - in - lieu of open space shall be paid prior to final plat approval Commissioner Cookie Pope joined the meeting at 6 20 pm Mr Gray reported the property is 44 acres and therefore it does meet the requirement for sewer based on current policies He stated the site has existing streets that were constructed for a business park and the entrance is also already in place The Department of Transportation has reviewed the request and is requiring no additional transportation improvements Mr Gray stated approximately 10 acres is planned for commercial with the remainder of the tract planned for residential with an anticipated 148 dwelling units Mr Gray listed and reviewed each of the special use conditions with the Board Sonny Johnson , 341 Sonny Road , Clayton , representing Son - Lan Shipwash LLC , asked the Board to approve the special use request Mr Johnson stated that he realizes roads are an issue in the area ; however , he stated that they have already installed turn - lanes at the site and there are no plans to remove them At the inquiry of Chairman Wade M Stewart , Mr Johnson spoke on the restrictive nature of the special use conditions ; however , he stated they are willing to comply with the conditions Mr Johnson commented that a straight General Business zoning is not as restrictive Upon a question by Commissioner Allen L Mims , Jr , Mr Johnson pointed out on an aerial for the Board the two lots that have previously sold on the subject site He stated those property owners are well aware of the development plans for the site Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 10 - 12 Decision on Special Use Case 10 - 12 Case 10 - 12 To allow for a Planned Development Mixed Use Owners Son - Lan Shipwash LLC , Anthony Woodard , Vision Properties and Investments Applicant Son - Lan Shipwash LLC Based on the findings of facts and the special use conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 10 - 12 to allow for a planned development mixed use on 4427 acres located along Old Drug Store Road in Cleveland Township Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Planned Development Mixed Use with 148 dwelling units and 984 acres of commercial development PagePage pageNumber998 September 7 , 2010 – 6 00 pm Continued 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff , for all undeveloped commercial lots 4 Installation of a landscape buffer within a landscape easement in accordance with LDC Sec 14 - 257 L and the County’s Design Manual 5 The developer shall establish a maintenance agreement for the landscape buffering 6 Building setbacks in accordance with LDC Sec 14 - 257 L and as provided by the developer Residential Area Front 10 ’ , Side 5 ’ , and Rear 10 ’ 7 Commercial Uses shall be in accordance with LDC Sec 14 - 257 L , and designated GB - SUD by metes and bounds description on the County’s Zoning Atlas 8 Provide entrance and street signage 9 All lots shall access internal streets 10 Cul - de - sac lots must have 20 ’ road frontage 11 Complete improvements or provide performance guarantee 12 Temporary turn around will be constructed at the end of all stub out streets 13 Provide stub out road signage in accordance with LDC Sec 14 - 226 g 14 No additional commercial or residential driveways shall be allowed on Old Drug Store Road 15 Only 75 of the lots will be permitted for construction of homes until the streets are accepted by NCDOT for maintenance into the state system LDC Sec 14 - 226 7 16 Establish private road maintenance agreement for townhome area 17 A revised driveway permit and subdivision design approval must be obtained prior to construction 18 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 19 Within the commercial area signage shall be in accordance with the signage code 20 Subject to the County’s Water and Sewer Policy 21 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 22 Soil Erosion & Sedimentation Control Plan required 23 Stormwater Management Plan required 24 The developer shall establish a maintenance agreement for the stormwater features and the retention pond 25 Fee - in - lieu of open space shall be paid prior to final plat approval 4 Public Hearing Ordinance Amendment – § 14 - 6 Definitions Advertised – In The Smithfield Herald – August 25 and September 1 , 2010 The Chairman opened the public hearing Planning Director Berry Gray stated the Planning Board has recommended amending the definitions within the Land Development Code to include a more comprehensive listing as well as to clarify some existing definitions He noted the amendments would not create any additional restrictions Mr Gray stated over the years there have been a number of new uses proposed in the County and staff hopes that the amendments will incorporate those uses in the Code in order to better assist customers Mr Gray offered to answer any questions County Attorney David Mills stated that the language in the definition for “ Adult Establishment ” should be revised to state “ patrons of age 18 years or older ” Chairman Wade M Stewart questioned the definition regarding antique automobiles , noting that the definition requires such automobiles to have a North Carolina DMV historic vehicle special license plate in order to be considered an antique Mr Gray responded that General Statutes requires antique automobiles to have the historic vehicle special license plate to be considered as antique ; therefore , the definition was written to keep with the General Statute Commissioner DeVan Barbour questioned the definition for vendor sales and how it would affect vendor sales at flea markets that set up on a regular basis Mr Gray stated the definition for vendor sales is separate from vendor sales at flea markets in that it applies to those who set up on existing commercial property , usually in parking lots of existing businesses and sell items out of trailers on a temporary basis He also stated that they usually are not a problem as long as they are setback out of the road and do not interfere with circulation It was clarified that the definition does not apply to yard sales Page099 September 7 , 2010 – 6 00 pm Continued Sonny Johnson , 341 Sonny Road , Clayton , asked if topics involving green energy resources had been addressed in the Code , noting that he is hearing more talk about solar and wind power Mr Johnson stated that green energy topics may become a major issue in the near future Mr Gray responded that staff has not incorporated green energy resources uses in the Code as of yet , but he indicated it could easily be researched and added in the future Mr Johnson reported that he had attended a conference recently regarding green energy and he shared some of the information he learned at the conference with the Board Commissioner Barbour asked Mr Gray to put the topic of green energy uses on one of the upcoming Planning Board agendas Mr Johnson offered to work with the Planning staff and share the information he has learned Allyson Caison , 312 North Massey Street , Selma , also offered to work with the Planning staff and share with them what she has researched on the topic of green energy There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the following amendments to the Land Development Code , Section 14 - 6 Definitions Sec 14 - 6 Definitions The following words , terms and phrases , when used in this chapter , shall have the meanings ascribed to them in this section , except where the context clearly indicates a different meaning For the purpose of this chapter , certain terms or words used in this chapter shall be interpreted as follows 1 The words used and occupied include the words intended , designed , and arranged to be used as occupied 2 Terms not defined in this chapter shall have the meanings customarily assigned to them 3 Definitions specific to a specialized area , such as stormwater management , flood control and other technical and engineering definitions are contained within that specific article Accessory Structure or Use means a structure or use incidental to another use of a structure on the same lot Adjoining means when one property adjoins another , shares a common property line or is immediately adjacent to , or abutting it Adult Establishment means any business by its nature or use that is intended to serve patrons of age 18 years or older which may or may not be limited to , those businesses regulated under CCO Chapter 6 , Article 3 Adult Day Care Facility means a use of land and buildings licensed by the state that provides care to 7 or more on a regular basis to aging , disabled or handicapped adults away from their homes , and by persons other than family members , guardians , or custodians and where a payment or fee is made for such care The term adult day care facility shall not be construed to include a group care facility Agriculture Farm , Bona Fide means an agricultural land use that includes the production and activities relating or incidental to the production of crops , fruits , vegetables , ornamental and flowering plants , dairy , livestock , poultry , fish , and all other forms of agricultural products having a domestic or foreign market , meeting the requirements of agricultural land , and having a NC USDA farm number Agriculture Farm , Livestock means the use of land for the keeping , grazing , feeding or breeding of livestock , including cattle , hogs , sheep , goats , and poultry , and also animal specialties such as horses , rabbits , bees , and fish and fur - bearing animals in captivity Agriculture Farm , Non - Livestock means the use of land for the production of cash grains , field crops , vegetables , fruits , and nuts , and for non - horticulture and floriculture Note Reference Farmland Taxation Act , GS 105 - 2773 a Agricultural land is land consisting of ten acres or more and having gross income from the sale of agricultural products produced thereon together with payments received under a soil conservation or land retirement program averaging 1,00000 per year for the immediately preceding three years Agricultural Land is land consisting of ten acres or more that are in actual production and having gross income from the sale of agricultural products produced thereon together with payments received under a soil conservation or land retirement program averaging 1,00000 per year for the immediately preceding three years Reference Farmland Taxation Act , GS 105 - 2773 Agri - tourism means the act of visiting a working farm or any agricultural , horticultural or agri - business operation for the purpose of enjoyment , education or active involvement in the activities of the farm or operation Apartment means a room or unit of one or more rooms , with kitchen facilities , and are designated or intended to be used , as an independent unit Applicant means any person who submits to the County a request , or plans for the purpose of obtaining approval thereof under this chapter Automobile , Antique is a motor vehicle that is at least 35 years old measured from the date of manufacture and has a NC DMV historic vehicle special license plate in accordance with GS 105 - 3309 Automobile Car Wash means a lot on which motor vehicles are washed or waxed , either by the patron or by others Page1100 September 7 , 2010 – 6 00 pm Continued Automotive Display and Sales is a lot where 3 or more vehicles are displayed for the purpose of sale For the purpose of automotive display and sales a Dealers License must be obtained from NC DMV , if 5 or more vehicles are displayed or sold within 12 consecutive months , in accordance with GS 20 Article 12 Automotive , Motor Home , Farm Implement Sales or Rental means the sale or rental of new and or used motor vehicles , motor homes , trailers , or farm implements to be displayed and sold on the premises Automotive Repair means the repair , rebuilding , or reconditioning of motor vehicles or parts of motor vehicles , including collision service , painting and steam cleaning of vehicles Automotive Parts Sales means an establishment which sales vehicle parts and accessories Not to be considered automotive repair Automotive Repair , Mechanical means the repair , rebuilding , or reconditioning of motor vehicles or parts of motor vehicles Automotive Repair , Paint Body means the repair of collisions to include mechanical , body fender work , painting and steam cleaning of vehicles Automotive Service Station means a facility where gasoline , diesel fuel , oil , grease , and automotive accessories are supplied and dispensed to a motor vehicle trade In addition , sales of automotive parts , tires and other automotive supplies may be rendered as well as minor repairs to vehicles and replacement of parts which are made on site This definition does not include those uses allowed under the definition of automotive repair , paint body Bank Credit Union means financial institutions engaged in deposit banking and closely related functions such as extensions of credit by means of loans and investments , and fiduciary services Bar is an establishment , public or private , in which alcoholic beverages are sold as the principle product , which may or may not have an Environmental Health Restaurant Permit Not intended to mean “ restaurant ” Also known as Saloon , Tavern , etc Bed and Breakfast Inn is a lodging facility in which the operator resides and which is established for the purpose of providing temporary overnight accommodations for tourists , vacationers and other similar transients Berm a man - made mound of earth material with gently sloping sides and crown Board of Adjustment means the semi - judicial body composed of appointed representatives from the County which are given certain powers under and relative to ordinances of the County this chapter Boarding House means a structure which contains four or more rooms , which may have no kitchen facilities , and are designed or intended to be used for residential occupancy on a rental basis Buffer is a strip of land with natural or planted vegetation located between a use or structure and the street , side and rear property lines intended to separate and partially obstruct the view of adjacent land uses or properties Buildable Lot means a lot of record created under the requirements of this chapter , or under the standards of previous requirements , containing sufficient area , exclusive of easements , flood hazards , water bodies , well and waste water disposal tank fields ; sufficient total dimensions ; sufficient means waste water disposal system ; and sufficient access to permit construction thereon of a principal building together with its required parking and buffer yards Building means any structure designed or intended for the support , enclosure , shelter , or protection of persons , animals , chattels , or property Building , Accessory means a subordinate building detached from , but located on the same lot as the principal building , the use of which is incidental and accessory to that of the principal building Building , Detached means a building having no party or common wall with another the principal building except an accessory building Building , Principal means a building or , where the context so indicates , a group of buildings , in which is conducted the principal use of the lot on which such building is conducted located Business , Convenience Store means commercial establishments that generally serve day - to - day commercial needs of an area , including gasoline , diesel fuel , drugstores , delicatessens , meat and produce markets , food stores other than supermarkets , with less than 10,000 square feet in floor area , and eating and drinking restaurants grill establishments as an accessory Business , Wholesale means commercial establishments that generally sell commodities in large quantities or by the piece to retailers , jobbers or other wholesale establishments with a wholesale or retail license for resale CCO means the Johnston County Code of Ordinances Cemetery means land used or intended to be used for burial of the human dead and dedicated for cemetery purposes , including crematories , mausoleums , and mortuaries if operated in connection with and within the boundaries of such cemetery Certificate of Occupancy means a document issued by the building inspector certifying compliance with all applicable state and local construction codes , including all terms of an approved land use permit or special use permit , and authorizing occupancy of a building or structure Child Day Care Facility means a facility for the care and or education of 9 nine or more preschool - aged and or school - age children A Child Care Facility may keep 16 or fewer children when located within a dwelling A facility shall be licensed by the state , as defined in GS 110 Article 7 , for the care and or education of three or more preschool - age children or nine or more school - age children Child Home Day Care means a dwelling in which the care and or education of 8 eight or less preschool - aged and or school - age children The dwelling shall be licensed by the state , as defined in GS 110 Article 7 , for the care and or education of three or more preschool - age children or nine or more school - age children Clinic means an establishment used for the care , diagnosis , therapy , or counseling of sick , ailing , infirmed , or injured persons or nonmedical therapy and counseling on an out - patient basis Page2101 September 7 , 2010 – 6 00 pm Continued Club Public or Private means an establishment operated by a corporation or association of persons for social , literary , political , educational , fraternal , or charitable purposes , that may or may not be operated for profit Not to be considered an Adult Business or Sexually Oriented Businesses as intended in CCO Chapter 6 , Article 3 Cluster Development The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts This term includes nonresidential development as well as single - family residential and multi - family developments Commercial , General means commercial establishments , that in addition to serving day - to - day commercial needs of a community , also supply the more durable and permanent needs of a whole area , including supermarkets , department stores , discount stores , hardware and garden supply stores , apparel stores , shoe stores , and other similar retail and service businesses Commercial Vehicles means a commercial , industrial or construction truck or vehicle as used herein is defined as having a manufacturers rating of more than one ton or a payload capacity of 6,000 pounds or more , whichever is greater For purposes of clarification , but without limitation , this definition includes dump trucks , tractor - trailers , tankers , tank trucks , buses , large panel vans , trailers and construction equipment or any part thereof Construction Plat means a plan with supporting data for a proposed subdivision , developed for the purpose of establishing the layout and provision of roads and utilities Crematorium Facility means a facility in which human remains are cremated A facility may consist of one or more cremator furnaces and provide crematory services to funeral homes Day Care Center , means a facility for the care and or education of preschool age children away from their homes , and where a payment , fee , or grant is made for such care and has been licensed by the state Density means the average number of families , persons , or housing units per acre of land Developing land means a zoning lot on which surveying for development is currently taking place or for which an application is currently being reviewed for development by the County Planning Staff or for which development activities have been approved Development means any manmade change to improved or unimproved real estate , including , but not limited to , the construction , erection , structural alteration , or enlargement of any building or other structure ; mining ; dredging ; filling ; grading ; paving ; excavation or drilling operations ; clearing of vegetation ; and any division of land into two or more parcels of land Regarding the Countys zoning atlas is a set of geographic information system maps located in the Planning Department office , which show the area of the Countys planning jurisdiction Drainageway means any stream , watercourse , channel , ditch or similar physiographic feature draining water from the land Drive - in Restaurant means an establishment that provides employee curb service or accommodations through special equipment or facilities for the ordering of food or beverage from a vehicle Driveway means a vehicular way , other than a street or alley , that provides vehicular access from a street to a residence or to through off - street parking and or loading areas Dwelling means any building or structure , except a mobile home , that is wholly or partly used or intended to be used for living and or sleeping by one or more human occupants Dwelling , Manufactured Home is a structure , transportable in one or more sections , which meets all the following requirements a Meets all of the requirements of the Federal Manufactured Home Construction and Safety Standards Act of 1974 , which requires units built after June 15 , 1976 to have a HUD certification label confirming it was built in conformance with the Act of 1974 ; b Is designed to be used as a dwelling unit ; c Is eight feet or more in width , and or 40 feet or more in length ; or , when erected on site , is 320 or more square feet ; d Is built on a permanent chassis ; e Is connected to required utilities during set - up , including plumbing , heating and electrical systems contained therein ; f When set - up , it has a foundation and skirting installed in accordance with the North Carolina Department of Insurance Regulations for Manufactured Home Installation Standards ; and Dwelling , Mobile Home means a single portable manufactured housing unit , or combination of two or more sections forming a unit connected on site , that meets the US Department of Housing and Urban requirements , and is 1 Designed to be used by one family only and containing independent kitchen , sanitary , and sleeping facilities ; 2 Designed so that each housing unit can be transported on its own chassis ; 3 Placed on a temporary or semi - permanent foundation ; and 4 Is over 32 feet in length and over eight feet in width Dwelling , Modular Home means a manufactured building designed to be used as a one - or two - family dwelling which has been constructed and labeled indicating compliance with the state residential building code Dwelling , Multifamily means a dwelling or combination of dwellings on a single lot consisting of three or more dwelling units Dwelling , Single - Family means a detached building designed for or occupied exclusively by one family Dwelling , Townhouse is a single - family dwelling unit constructed in a row of attached units separated by property lines and which exterior walls on at least two sides For the purpose of density calculations , townhouses shall be counted as individual units Dwelling , Townhouse Two - Unit is two attached single - family dwelling units , separated by a property line and with exterior walls on three sides For the purpose of density calculations , a two - unit townhouse shall be counted as two dwelling units Additionally , the building must meet Building Code requirements for Townhouses and have independent waste water disposal systems Dwelling , Two - Family Duplex means a building either designed for or occupied by two families living independently of each other For the purpose of density calculations , a duplex building shall be counted as one dwelling unit Page3102 September 7 , 2010 – 6 00 pm Continued Dwelling Unit means a group of rooms within a dwelling forming a single independent habitable unit used for or intended to be used for living , sleeping , sanitation , cooking and eating purposes by one family only Easement means any entitlement or right of the public , a corporation , or person to use land owned by another for purposes specified in the easement agreement Extraction of Earth Products means the process of removal of natural deposits of mineral ores , soils , stone and gravel , or other solid matter from their original location , not including any processing of such material beyond incidental mechanical consolidation or sorting to facilitate transportation off site Fabrication means the processing and or assemblage of various components into a complete or partially completed commodity , fabrication related to stamping , cutting , or otherwise shaping the processed materials into useful objects , and the refining aspects of manufacturing and other initial processing of basic raw materials such as metal , ore , lumber , and rubber , etc , are also included Family means an individual living alone , or two or more persons living together as a single housekeeping unit , using a single facility in a dwelling unit for culinary purposes The term family shall not be construed to include a fraternity , sorority , club , rooming house , or institutional group Family Care Home means a home with support and supervisory personnel licensed with the state that provides room and board , personal care and habilitation services in a family environment for not more than six resident persons with disabilities and defined in GS 168 - 21 Also known as “ group home ” or “ adult care home ” Family Care Home means a facility designed to care for a maximum of six handicapped persons , plus support and supervisory personnel , as defined in GS 168 - 21 Farmers Market means a market at which locally and regionally grown agricultural or horticultural products are sold on a retail basis Fitness Center , also known as a health club or gym , is a place which houses exercises equipment for the purpose of physical exercise Flag Lot means an irregularly shaped lot where the buildable portion of the lot is connected to its street frontage by an arm , or flagpole , of the lot Flea Market means an outdoor or indoor market where individual sellers offer second - hand and or new goods for sale to the public Flood and Flooding mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any sources Flood Hazard Boundary Map means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk management zones applicable to the County Forested Land is land consisting of twenty acres or more of wooded land that are in actual production and have a forestry plan Reference Farmland Taxation Act , GS 105 - 2773 Funeral Home means an establishment engaging in the care or disposition of human remains , or in the practice of preparing by embalming or cremation of human remains for the funeral service , transportation , burial or cremation , or in the practice of funeral directing A funeral home may have a crematorium for the sole use of the funeral home Also see Crematorium Facility Gross Floor Area is the sum of the gross horizontal areas of each floor of the principal building , and any accessory building or structures measured from outside of the exterior walls or from the center line of party walls The term does not include any area used exclusively for the surface parking of motor vehicles or for building or equipment access , such as stairs , elevator shafts , and maintenance crawlspace Group Care Facility means an establishment qualified for a license by the state for the provision of resident services of seven 7 or more individuals of whom one or more are unrelated , and who are handicapped , aged , disabled , or who are runaway , disturbed , or emotionally deprived children and who are undergoing rehabilitation or extended care , and who are provided services to meet their needs Included in this definition are group homes for all ages , halfway houses , boarding homes for children , and convalescent and nursing homes Group Care Home means a home with support and supervisory personnel licensed with the state that provides room and board , personal care and habilitation services in a family environment for not more than six 6 resident persons with disabilities and defined in GS 168 - 21 Also known as “ family care home ” or “ adult care home ” GS means General Statute of the State of North Carolina Government Use Facility means a facility federal , state , or local government use Such facilities may include Police , Fire , EMS stations ; general offices ; civil defense centers Any facility that may be considered noxious , hazardous , dangerous , or offensive shall not be included in this definition Hair Salon is a business establishment that primarily offers hair cuts and styling Hair salons may offer nail care services but shall not be construed to mean day spa Also known as beauty barber shops Hazardous Materials means those materials that are listed in the most current Consolidated List of Chemicals covered by the Superfund Amendments and PReauthorization Act of 1986 , Title III Height of a structure or part of a structure means the vertical distance from the mean natural grade at the foundation to the highest portion of the structure , or part of a structure Home Care Unit means a facility meeting all the requirements of the state for boarding and care of not more than five persons who are not critically ill and do not need regular professional medical attention Home Occupation - An occupation customarily conducted for profit within a dwelling unit by the occupant s of the dwelling unit Examples of permitted home occupations include , but are not limited to , home offices , sewing tailoring , artistic painting , sculpting , crafting , tutoring , catering , barber beauty shops Home occupations are subject to the following provisions a The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purpose by its occupants , and ;Page4103 September 7 , 2010 – 6 00 pm Continued 1 Not more than 500 square feet or twenty - five 25 percent of the dwelling unit floor area , whichever is greater , shall be used to conduct the home occupation , and 2 If an accessory building is solely used or used in combination with the dwelling unit for the home occupation , the maximum area allowed shall not exceed the limitation above ; b There shall be no change in the outside appearance of the building or premises , or other visible evidence of the conduct of such home occupation other than one 1 sign , not exceeding four 4 square feet in area , non - illuminated , and mounted flat against the wall of the building ; c Only one 1 person other than the occupants of the dwelling unit may be engaged in such occupation ; d Only one 1 vehicle designed or used for the home occupation shall be permitted in the operation of the home occupation The vehicle shall not exceed 14 feet in height Cargo area work platform shall not exceed 14 feet in length Dump trucks , tractor - trailers , tankers , and wreckers shall not be permitted ; e No traffic , parking , sewage , or water use shall be generated by such home occupation in greater volumes than would normally be expected in a residential use ; f No equipment or process shall be used in such home occupation which creates noise , vibration , glare , fumes , or electrical interference detectable to the normal senses off the lot , or that otherwise creates a hazard or nuisance ; g No display of products shall be visible from the street ; h The selling of merchandise or the manufacture of merchandise for sale except baking , sewing , and or crafts normally made in the home shall not be the primary function of the home occupation ; i Instruction in music , dancing , or tutoring of academic subjects shall be limited to four 4 students at a time ; and j No home occupation due to type of use , equipment , or machinery shall be permitted that involve a change in the fire rating of the structure or portion of the structure If it is determined that the proposed home occupation does not meet this criteria , the applicant may apply for a Conditional Permit from the Board of Adjustment The following are prohibited as home occupations 1 Animal Hospitals Clinic 2 Automotive Repair , Mechanic 3 Automotive Repair , Paint Body 4 Child Day Care Facilities 5 Horse Stables 6 Mortuaries 7 Physicians Dentists Chiropractors Offices 8 Kennels 9 Food Sales to exclude catering Home Occupation means an occupation customarily conducted for profit within a dwelling unit and carried on by the occupant of the dwelling unit Home occupations shall be subject to the following limitations 1 No home occupation shall be permitted that a Generates traffic , parking , sewage or water use in excess of that which is normal in a residential district b Creates a hazard to persons or property or is a nuisance per se or per accidents c Results in outside storage or display of anything d Involves more than a 500 - square - foot accessory building , such as a beauty shop , barbershop , etc 2 The following are permitted home occupations in all residential districts , provided that they meet the requirements of subsection 1 of this definition a Barbershops and Beauty Parlors ; b c Computer Programming ; d Dressmaking , Sewing and Tailoring ; e Home Crafts , such as weaving , lapidary , potting ; f Income Tax Preparation ; g Painting , Sculpturing and Writing ; h Telephone Answering Service ; i Tutoring of no more than four students at a time 3 The following are prohibited as home occupations a Animal hospitals ; b Automobile repair and paint shops ; c Exercise studios ; d Physicians , dentists and chiropractors ; e Mortuaries ; f Nursery schools ; g Private clubs ; h Repair shops ; i Restaurants ; j Stables and kennels ; l Tourist homes 4 Any proposed home occupation that is neither specifically permitted by subsection 2 of this definition nor prohibited by subsection 3 of this definition shall in order to be established , obtain a class B conditional permit from the Board of Adjustment Horticultural Land is land consisting of five acres or more that are in actual production and having gross income from the sale of horticultural products produced thereon together with payments received under a soil conservation or landPage5104 September 7 , 2010 – 6 00 pm Continued retirement program averaging 1,00000 per year for the immediately preceding three years Reference Farmland Taxation Act , GS 105 - 2773 Impervious Surface means a surface composed of any material that impedes or prevents natural infiltration of water into the soil Examples include concrete , pavement , and gravel Inert Debris means solid waste consisting solely of material that is virtually inert , that is likely to retain its physical and chemical structure under expected conditions of disposal , and that will not pose a threat to groundwater standards Inert debris includes material such as concrete , brick , concrete block , uncontaminated soil , rock and gravel Junk means debris or refuse such as metals , plastics , appliances , paper , trash , tires , and other waste ; pre - used or unusable ; metallic parts and other nonmetallic manufactured products that are worn , deteriorated , or obsolete making them unusable in their existing condition , to include junked , dismantled or wrecked automobiles , machinery , or parts thereof but are subject to be dismantled and salvaged Junk and Inoperable Vehicles are vehicles that do not have a current license tag and or are dismantled , wrecked , or inoperable This does not apply to “ antique automobiles ” as defined by GS 105 - 3309 Junkyard Facility means a A facility that stores more than six 6 junk and inoperable ; b Uses more than 600 square feet of any lot for the storage of junk Junkyard means a facility that stores more than six motor vehicles not having a current license plate that are nonoperational and or not economically salvageable or uses more than 600 square feet of any lot for the storage of junk , including scrap metals , or other scrap materials , or for the dismantling or abandonment of automobiles or other vehicles or machinery On residential properties or on individual lots not considered a junkyard facility , junkyard means two or more vehicles not having a current license plate that are nonoperational and or not economically salvageable or contains more than 200 square feet on the premises for the storage of junk , including scrap metals , or other scrap materials , or for the dismantling or abandonment of automobiles or other vehicles or machinery For purposes of enforcement , this standard does not apply to antique cars as defined by GS 20 - 13714 Kennel means a facility operated exclusively for the expressed purposes of boarding providing shelter for animals not owned by the kennel operator or owner ; or for the purpose of breeding animals for sale Land Clearing Debris is solid waste generated solely from land clearing activities such as stumps , trees , limbs , brush , grass and other naturally occurring vegetative material Land Clearing and Inert Debris Landfill LCID is a facility for the land disposal of inert debris , land clearing debris , yard trash and untreated and unpainted wood The facility is designed to meet minimum standards of the State of North Carolina by utilizing acceptable landfill engineering technology Land Use Permit means a permit issued by the County authorizing the recipient to make use of property in accordance with the requirements of this chapter Lot means land bounded by lines legally established for the purpose of property division As used in this chapter , unless the context indicates otherwise , the term refers to a zoning lot Lot Line means a line that marks the boundary of a lot Lot Line , Interior means any lot line that is not a street lot line ; a lot line separating a lot from another lot Lot Line , Street means any lot line separating a lot from a street right - of - way or easement Where a lot line is located within such street right - of - way or easement , the right - of - way or easement boundary adjacent of the lot shall be considered the street lot line Lot Line , Zero means any interior lot line along which a structure is allowed with no setback Lot of Record means a lot which has been recorded in the office of the Register of Deeds or a lot described by metes and bounds , the description of which has been recorded in the office of the Register of Deeds Lot Width means the horizontal distance measured along a straight line connecting the points at which a line demarcating the minimum street setback required from a street lot line intersects with interior lot lines and or other street lot lines Manufactured Home means a building designed to be used as a single - family dwelling unit which has been constructed and labeled indicating compliance with HUD administered National Manufactured Housing Construction and Safety Standards Act of 1974 Manufacturing , Heavy means the assembly , fabrication , or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment , or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise , smoke , fumes , odors , glare , or health and safety hazards , or that otherwise do not constitute light manufacturing Manufacturing , Light means the assembly , fabrication , or processing of goods and materials using processes that ordinarily do not create noise , smoke , fumes , odors , glare , or health or safety hazards outside of the building or lot where such assembly , fabrication , or processing takes place Manufacturing , Light , means manufacturing , processing , creating , renovating , painting , cleaning , assembly of goods , merchandise , and equipment , or other industrial uses which have all operations and storage within an enclosed structure Master Plan is a conceptual plan that illustrates and defines land use areas for residential , office , commercial , open spaces , and special facilities or other land uses General circulation patterns , both vehicular and pedestrian , are identified and indicated on the conceptual plan Mobile Home means a single portable manufactured housing unit , or combination of two or more such units connected on site , that meets the US Department of Housing and Urban requirements , and is 1 Designed to be used by one family only and containing independent kitchen , sanitary , and sleeping facilities ; 2 Designed so that each housing unit can be transported on its own chassis ; 3 Placed on a temporary or semi - permanent foundation ; and 4 Is over 32 feet in length and over eight feet in width Page6105 September 7 , 2010 – 6 00 pm Continued Mobile Home Park means any lot or part of a lot , or any parcel of land which is used or offered as a location for three or more mobile homes , regardless of whether or not a charge is made for such accommodations For the purpose of this chapter , three or more adjacent lots in common ownership offered for rent shall be defined as a mobile home park Modular Home means a manufactured building designed to be used as a one - or two - family dwelling which has been constructed and labeled indicating compliance with the state building code , volume VII , residential Nail Salon means a beauty service establish that primarily offers nail care such as manicures , pedicures , and nail enhancements Nonconforming Feature means a physical feature , characteristic or a use , building structure or other development of land that was lawfully established prior to the effective date of the ordinance from which this chapter derives or a subsequent chapter thereto , but does not conform to the intensity regulations of this chapter , or the design standards of Article VI of this Chapter , applicable to such use , building , structure , or development of land , including , but not limited to , nonconforming structures , or other nonconformities Nonconforming Lot means a lot that was lawfully created prior to the effective date of the ordinance from which this Chapter derives or a subsequent amendment thereto , but does not conform to the requirements of this Chapter minimum land area or lot width requirements established in article IV of this chapter , for the zoning district in which it is located Nonconforming Use means a use of land , buildings , or structures that was lawfully established prior to the effective date of the ordinance from which this Chapter derives or a subsequent amendment thereto , but does not conform to the use regulations of Article II of this Chapter for the zoning district in which it is located Nursing Home means a structure designed or used for residential occupancy and providing limited medical or nursing care on the premises for occupants , but not including a hospital or mental health center Office means a use in which business , administrative , or professional services are conducted ; or where professional or clerical duties are conducted Official Plans mean any plans officially adopted by the Board of Commissioners as a guide for the development of the County consisting of maps , charts , and texts Open Space , Common Open Space and Recreation Area mean any space or area characterized by great natural scenic beauty or whose openness , natural condition , or present state of use , if retained , would enhance the present or poten