Boundaries indicated as approximately following Town and County boundaries or jurisdiction boundaries shall be construed as following such boundaries; Boundaries indicated as following railroad shall be construed to be midway between the main tracks; Boundaries indicated as following shorelines shall be construed to follow such shorelines; in the event of change in the shoreline, the boundary shall be construed as moving with the actual shorelines; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed as following such centerlines; boundaries shown as approximately following designated flood hazard area limits shall be construed as following such limits, as shown on the official Base Floodway and Floodplain Boundary Maps and Base Flood Profiles; Boundaries indicated as parallel to or extensions of features indicated in the subsections above shall be so construed. Distances not specifically indicated on the Zoning Atlas shall be determined by reference to the scale of the Atlas; Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Atlas, or in other circumstances not covered in the subsections above, the Board of Adjustment shall interpret the district boundaries.
Use RA-1 RA-2 RA-3 RS RM-1 RM-2 RC CS OI HC LI HI MX -R MX- C Hospitals, Medical Clinic X X X X X Hotel /Motel SB SB X X Junkyard, Automobile Graveyard SB SB Kennels, Commercial D D D D D Kennel, Non-Commercial, Accessory Personal Use X X X X X X X X X X X Laboratories; Analytical, Experimental, or Testing X X Library X X X X X X Livestock Sales X X X X Lodges, Fraternal and Social Organizations SB SB SB SB SB X SB X SB SB Machine Shop, Welding Shop X X Manufacturing, fabrication or assembly of pre-structured materials or components D D Manufacturing, heavy processing or fabrication D Manufacturing, light processing or fabrication D D Manufactured Home, Class A (on individual lot) X X X X Manufactured Home, Class B (on individual lot) X X X Manufactured Home, Class C (on individual lot)4 SB SB
Zoning District Minimum Lot Area (square feet)1, 2 Lot Minimum Lot Width (feet) Minimum Front Setback (feet) Minimum Side Setback (feet)4 Minimum Rear Setback (feet)5 Building Height (feet)6 CS On‐site Septic/Well Public Water/Sewer 40,000 30% 125 50 0 10 35 O/I On‐site Septic/Well Public Water/Sewer 30,000 40% 125 30 10 25 35 HC On‐site Septic/Well Public Water/Sewer 30,000 30% 125 50 0 20 35 LI On‐site Septic/Well Public Water/Sewer 30,000 35% 125 30 15 20 50 HI On‐site Septic/Well Public Water/Sewer 80,000 30% 125 50 20 25 125 MX‐R Residential Lots Commercial Lots N/A 30,000 60% 75% 75 125 25 50 10 0 20 10 35 35 MX‐C Residential Lots Commercial Lots N/A 30,000 60% 40% 75 125 25 50 10 0 20 20 35 35
Ranges up to 300 yards long.‐An earth embankment a minimum of 25 feet high and a minimum of 10 feet thick at the top. The embankment shall be well seeded to retain a 35 degree slope from the perpendicular; or, if sod is impractical, the slope may be terraced with timber or log retaining walls. The embankment shall be topped with an earth‐filled, double‐fence barricade a minimum of 15 feet high and 3 feet thick at thetop. Ranges greater than 300 long. 10 feet of overall height shall be added to the backstop for each additional 100 yards or fraction thereof in additional range. In no case shall the earth embankment be less than 10 feet in thickness at the top, nor shall the double‐fence barricade be less than three feet in thickness at the top. The required backstop may be either a natural terrain feature or a man‐made earth embankment. In the case of a natural terrain feature a topographic map at a of not less than one inch to 200 feet and two‐foot contour interval showing the terrain feature shall be submitted with the request for a special use permit. Turkey shoots No turkey shoot shall be allowed in the front yard of the district in which it is permitted. All turkey shoots shall be established with the firing line to target area perpendicular to a road right‐of‐way; except that sites which have more than one right‐of‐way must designate the road on which the front yard is to be located. A firing line must be established perpendicular to that road and for a distance of 200 feet from a parallel to any other intersecting road right‐ of‐way. The back stop or target area shall be located a minimum of 500 feet from any road right‐of‐way to the rear of the back stop or target area. Golf Driving Range Special Use Districts: RA‐1, RA‐2, RA‐3, RM‐1, RM‐2, CS, HC, LI, HI, MX‐R, MX‐C Approved by: Board of Adjustment Minimum Lot Size: Governed by Zoning District Submittals: 1. A site plan submitted showing the boundaries of the property, proposed buildings and parking areas. Standards: A. The depth of the driving range along the driving axis shall not be less than 350 yards measured from the location of the tees and the breadth not less than 200 yards at a distance of 350 yards from the tees. Lighting shall be so shielded as to cast no direct light upon adjacent properties.
No public address system shall be used adjacent to any residential district. No night activity shall be permitted when adjacent to any residential district (dawn to dusk). Buffers will be required, such as netting or to restrict projectiles or participants from leaving the property. Evidence that liability insurance is provided for protection of adjoining properties. The approving authority may add additional conditions to protect public health, safety, and general welfare. Residential Storage Facility (Site Built) Special Use Districts: RA‐1, RA‐2, RA‐3, RS, RM‐1, RM‐2, O/I Approved by: of Adjustment Minimum Lot Size: Lot of Record Submittals: Standards: 1. L. A site plan showing the boundaries of the property, proposed building, parking area and proximity to the property with the required associated residence. The parcel shall be in fee simple ownership in common with therequired associated residence (only permitted if adjacent property is by same owner and is accessory to the principal structure; M. The residential storage facility shall be of a similar design and construction as the associated residence; N. The use shall not be detrimental to adjacent properties due to noise, refuse, traffic, topography, and other factors; O. The maximum building size allowed would be according to the Table of Permitted Use requirements for the Maximum Lot for the applicable zoning district; P. No outdoor storage shall be permitted except as specifically provided otherwise; Q. The minimum lot size be any buildable lot of record as defined by the Town of Midway Zoning Ordinance and/or the Town of Midway Subdivision Regulations; R. The Storage of Junked Vehicles shall be prohibited on the subject tract; S. Outside lighting be designed to prevent direct glare on adjoining properties; T. Setbacks shall be at a minimum the same as any principal use
citizens. (HH) Wind Energy Facility Special Use Districts: RA‐1, RA‐2, RA‐3, RC, OI, LI, HI Approved by: Town Board Minimum Lot Size: Governed by Zoning District Submittals: 1. A site plan showing the location of all proposed wind turbines, towers and associated control structures and all occupied structures within 2,500 feet of all wind turbines. Certification of compliance with applicable FAA and FCC regulations. A third party shadow flicker modeling report demonstrating shadow flicker rates of less than 30 hours per year at all non‐participating landowner’s occupied structures within 2,500 feet. Certification of the use of applicable safety systems to prevent ice throws. Decommissioning plans that describe the anticipated life of the wind power project, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the wind power project will be decommissioned and the site restored. Standards: A. The facility may consist of multiple wind turbines, towers and associated controls with a total rated capacity of greater than 25 kW. Audible from a Wind Energy Facility shall not exceed fifty‐five (55) dBA, as measured at any occupied building of a non‐participating landowner. Shadow flicker at any occupied building on a non‐participating landowner’s property caused by a Wind Energy Facility located within 2,500 ft of the occupied building not exceed thirty (30) hours per year. Any on‐site energy collector system shall, to the maximum extent possible, be placed underground. The visual appearance of Wind Energy Facilities shall, at a minimum: Be a non‐obtrusive such as white, off‐white or gray; Not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety. No display of advertising (including flags, streamers or decorative
the number of shared allowed, and how other potential users shall be accommodated. Documentation shall be submitted by a professional engineer that the tower has sufficient structural integrity to accommodate the required number of users. Photographs of a clearly‐visible balloon floated at the proposed tower location to the maximum height of the tower to demonstrate the potential visual impact a proposed tower may have on surrounding properties in a RA‐1, RA‐2, RA‐3, or O/I zoning districts. Photographs shall be taken from locations such as: property lines, nearby residential areas, historic sites, roadways, and other locations as deemed necessary by the Zoning Administrator to assess the visual impact. Documentation indicating the density levels do not exceed federally approved levels, or American National Standards Institute (ANSI) standards, whichever provides for stricter requirements. Standards: A. Fencing shall be provided at the base of the tower, including but not limited to equipment and/or storage structures, with any guyed wires shall be enclosed by a commercial grade chain link fence (or some fence of equal or greater quality) a minimum of eight (8) feet in height. Screening applies to the tower and everything within the required security fencing, including buildings and equipment. The vegetative screen shall consist of two staggered rows of evergreen shrubs within a ten (10) foot planting yard on five (5) foot centers, six (6) feet tall at time of planting. Exceptions may be granted if existing vegetation or topography is determined to provide a screen which is at least as effective as the required plantings. If the applicant elects to leave additional areas outside the fence in addition to the required screen, such areas shall either be landscaped in a manner which is compatible with neighboring properties or shall be left in a natural condition. Screening may be modified by the Governing Body if it is determined that the required screening will the capability of the proposed tower. Tower must meet required setbacks as described in Section 4.13 ofthis Ordinance unless deviation in height limits is requested. The tower shall be designed to accommodate at least three cellular telephone carriers. No free standing or guyed tower may be constructed closer than the towers height from any public right‐of‐way. No towers shall be constructed in a designated historic district or on property on which a designated historic landmark is located. In
limited to, the sanitary removal or disposal of solid waste, carcasses, or any other items deemed necessary.) Lighting shall not cast light directly on adjacent properties. The following shall not constitute the operation of a kennel as defined above and in no way shall this provision regulate the following: The ownership of domesticated animals as household pets; The ownership of domesticated animals for hunting or tracking purposes; The ownership of domesticated animals for the purpose of exhibiting at shows, obedience or field trials; and The ownership of domesticated animals for the purpose of protection or guarding residences or commercial establishments. Manufacturing, Fabrication or Assembly of Pre‐Structured Materials or Components Operations not create smoke, fumes, noise, odor or dust that is detrimental to health, safety or general welfare of the community. Location of such facilities shall depend upon issuance of necessary water and waste treatment permits from the Davidson County Health Department or sewer service provider. Manufacturing, Processing or Fabrication Location of such facilities shall depend upon issuance of necessary water and waste treatment permits from the Davidson County Health Department. Manufacturing, Light Processing or Fabrication Operations not create smoke, fumes, noise, odor or dust that is detrimental to health, safety or general welfare of the community. Location of such facilities shall depend upon issuance of necessary water and waste treatment permits from the Davidson County Health Department. Micro Farm Minimum Size. The must consist of a minimum of two (2) acres. Farming activities on lots of less than two acres will be considered an accessory use for primarily private use or a home occupation for retail or commercial uses. Retail Sales. Retail sales of products produced on site are permitted. Retail sales may occur on‐ site within a dedicated structure provided it is less than 1,000 square feet insize. Setbacks. Structures must meet the required setback of the underlying zoning district and require a building permit. Driveway Permit. A commercial driveway permit must be secured from NCDOT. Motor Vehicle Maintenance and Repair Open storage of wrecked vehicles is not permitted. Outdoor Advertising Sign
A Board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indication of such. The Board shall also keep records of its examinations and other official actions. All such records and minutes shall be maintained as public record and made available for public inspection in a reasonable manner. Application Required Applications for all of Board review and considerations shall be filed with the Zoning Administrator. Applications shall be submitted on the appropriate form as provided by the Zoning Administrator, and include any information, attachments, plans and documents as required to support the request. A record of all such applications shall be kept on file by the Zoning Administrator. Appeals The of appeal of a decision of any Board created by the Ordinance is described in Section 7.1 – Appeals. Section 7.03 PLANNING BOARD Authority Pursuant to NCGS 160A-361, there is hereby created a planning agency to be known as the Planning Board. Membership The Planning Board shall consist of at least five (5) members and may have alternates. Members shall be appointed by the Governing Body, and must be residents of the Town of Midway. Powers and Duties The Planning Board shall have the following powers and duties. To develop a comprehensive plan for the territory under its Jurisdiction, subject to specific direction from the Governing Body; To make such other studies and plans and review such other related matters as directed by the Governing Body; and To hear and make recommendations to the Governing Body on matters in accordance with the terms of this Ordinance including zoning map amendments, Special Use Permits; subdivisions and site plans; To make recommendations to the Governing Body on matters pertaining to road name changes, road closings, vacations, easement removals and right‐of‐way encroachments as assigned; To make recommendations to the Governing Body with regard to matters such as text amendments to this Ordinance; To exercise powers and authority provided to it by the Governing Body, this Ordinance, or state law. Voting The affirmative vote of a simple majority of the members present for a hearing in favor of an applicant regarding a rezoning, special use permit or appeal of a decision of the Zoning Administrator shall be forwarded as a recommendation for approval to the Governing Body and
Section 7.11 VARIANCES Procedure Variance requests shall be filed with the Zoning Administrator on the appropriate application form provided, accompanied by any required application fee. The application must be deemed substantially complete by the Zoning Administrator to be considered. The application shall be scheduled for consideration by the Governing Body according to the schedule and deadlines established by the Zoning Administrator. Incomplete applications shall be returned to the applicant. Additional materials may be submitted in support of an application at the discretion of the applicant. Findings Required A variance may only be allowed by the of Adjustment in cases involving practical difficulties or unnecessary hardships when substantial evidence is provided in the official record that supports each of the following findings: That the alleged hardships or practical difficulties are unique and singular as regards to the property of the person requesting the variance and are not suffered in common with other property similarly located. That the alleged hardships and practical difficulties, which will result from failure to grant the variance, extend to the inability to use the land in question for any use in conformity with the provision of this Ordinance and include substantially more than mere inconvenience and inability to attain a higher financial return. That the variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the variance. That the variance is in harmony with this Ordinance and serves the general intent and purpose. That allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this Ordinance and the individual hardships that will be suffered by a failure of the Board to grant a variance. Evidence to Support Findings Substantial evidence in the record of proceeding before the Board must be provided to support the finding of fact by the Board of Adjustment on all five categories above. Conditions The Board may impose reasonable conditions upon the granting of any variance to insure that the public health, safety, and general welfare shall be protected and substantial justice done. Violation of such conditions shall be a violation of this Ordinance. Construction Upon granting of any variance resulting in the issuance of a building permit, the permit must be obtained and construction or the proposed use begun within 180 days of the date of the Board of Adjustment hearing, after which the permit shall be null and void.