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Rowan County adopts narrowly tailored watershed text amendment to allow 12% built‑upon option for certain legacy lots
Summary
The Board approved ZTA 01‑26, a narrowly tailored text amendment that permits, under specified conditions, a 12% built‑upon‑area compliance path for certain parcels in highly regulated watershed zones that cannot meet the one‑acre lot standard; the amendment requires a site plan, recorded as‑built survey and limits recorded in title.
Rowan County commissioners voted June 1 to adopt a zoning text amendment (ZTA 01‑26) that provides a limited alternative to the county’s one‑acre lot requirement in some high‑sensitivity watershed areas.
Planning staff explained the amendment applies only in narrowly defined cases — for example, where lots were created by will or by court partition after 1994 and therefore cannot meet the 40,000‑square‑foot (one‑acre) minimum. Under the amendment, applicants may present a site plan showing proposed development that does not exceed 12% built‑upon area; staff may issue permits when the site plan demonstrates compliance. Prior to issuance of a certificate of occupancy, the developer must record an as‑built survey that documents the total built‑upon area and include a title‑recorded note indicating the cap and any remaining allowable built‑upon area.
Shane, the planning staff presenter, and applicant agent Jeremy Carter emphasized the provision is narrowly drawn to address legacy, legally created small parcels rather than a broad rewrite of watershed controls. The planning board had recommended unanimous approval. Commissioners adopted a formal statement of consistency and approved the amendment by voice vote.
The text also preserves the county’s authority to withhold permits for illegally subdivided tracts and maintains civil and equitable enforcement tools; staff noted the state’s watershed statute will continue to guide enforcement. The amendment is intended to remove a practical barrier to property use for a small set of existing parcels while documenting limits in title so future purchasers are aware of development constraints.
