⚡︎ Independent, reader-supported & ad-free · Follow the megawatts in all 50 states ⚡︎ Support Us
The Docket · Government Meeting · DKT-2026-003541

On the agenda: Kings Mountain meeting — Data Center (Jun 2)

Past  ⚠ Agenda Watch  Kings Mountain, North Carolina · Tuesday, June 2, 2026 — 5 months ago

About this record

The published agenda for the June 2, 2026 meeting contains: "Data Center", "data center". The meeting has passed. The agenda stays here as a permanent public record.

WhenTuesday, June 2, 2026
Check the agenda document for the meeting time.
WhereKings Mountain, North Carolina
On the record“Data Center”“data center”

The agenda, word for word

Government public record — the full text of the published document, archived October 3, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

35 pages · scroll to read
Page 1 of 35

Agenda for the Planning and Zoning Board Regular Meeting
Tuesday, June 2, 2026, at 5:30 PM
Council Chambers at City Hall 101 West Gold Street Kings Mountain, NC 28086
1. Call to Order and Determination of a Quorum – Chairman Keith Bradley
2. Invocation
3. Pledge of Allegiance
4. Adoption of the Proposed Agenda
5. Adoption of May 5, 2026, Regular Meeting Minutes
6. New Business
A. Z-26-7 Consider an Amendment to the City of Kings Mountain Zoning
Map Changing Parcel 12773 from Suburban Commercial (SC) to AutoUrban Commercial (AU)
B. Z-26-8 Consider an Amendment to the City of Kings Mountain Zoning
Map Changing Parcels 13360/72754 from Semi-Urban Residential
(SU) to Auto-Urban Commercial (AU)
C. Z-26-9 Text Amendment on Mineral Extraction
D. Z-26-5 Discussion on Data Center Standards
7. Motion to Adjourn

Page 2 of 35

PLANNING AND ZONING BOARD MEETING OF MAY 5, 2026 minutes

Chairman Keith Bradley called the meeting to order at approximately 5:30 pm and Sean Hickman gave the
invocation. The Chair led the Pledge of Allegiance and welcomed the participants in today’s meeting. The
Planning and Zoning Board members present included: Chairman Keith Bradley, Ron Humphries, Edy
Bergstrom, Sean Hickman, Shaun Grier, and James Holmes. Adrienne Woods, Vice Chair, was absent.
The Chair entertained a motion to approve the agenda for tonight’s meeting. Ron Humphries made a motion to
approve the adoption of the Agenda, James Holmes seconded the motion, and it passed unanimously.
The Chair entertained a motion to approve the minutes of the April 7, 2026 meeting. Sean Hickman made a
motion to approve the adoption of the amended minutes showing that Case Z-26-2 with the amended Shelby
Road standard section passed with a 5/2 vote with Sean Hickman and Edy Bergstrom being the nay votes.
Shaun Grier seconded the motion, and it passed unanimously.
Z-26-5 Discussion on Data Center Standards
The Chair introduced the case and asked for a staff report. Brad Lagano, Planning Director, noted that Henry
Earle has been promoted to Assistant City Manager and he was promoted to Planning Director. Staff advised
that City Council has amended their schedule and now only meet once a month, the fourth Tuesday. Staff
clarified that this board is not being asked to take any action on data center standards tonight, but we are starting
discussion on the proposed text amendment. The board received a copy of the draft and will have thirty (30)
days to review before the June 2, 2026 Planning and Zoning Board meeting and staff would bring a revised
draft in hopes the board would make a recommendation to City Council to approve, deny or approve with
modifications.
Staff advised the sections of the Unified Development Ordinance (UDO) on the proposed new data center
standards as the City’s UDO does not address data centers as individual uses. One hurdle staff is addressing is
downzoning-which is not allowed by North Carolina General Statues. This would ensure that any further data
centers within the jurisdiction of the city are thoughtfully and responsibly developed. Staff continued reviewing
the data standards draft and showed examples of current data centers, aesthetics, landscape/screening
bufferyards, lighting, setbacks, and fuel/battery storage. Staff also addressed site plan/construction documents,
utility plans, water usage plans, stormwater and erosion controls, sound studies, and onsite power generation
standards.
The board members brought up questions including: viewsheds, berms, construction processes, common power
plants, nuclear power plants, groundwater, hours of equipment maintenance and testing, and extending the
Moratorium deadline. Staff advised they would review and consider all the board’s questions/concerns.
After some discussion, staff asked the board to reach out, call or email, if they have any questions or
suggestions after they reviewed the rough draft and advised that staff would continue working to bring back a
revised draft to the June 2, 2026 Planning and Zoning Board meeting.
With no other matters to discuss, the Chair entertained a motion to adjourn.
Ron Humphries made a motion to adjourn, Edy Bergstrom seconded, and the vote was unanimous.
________________________________
Chairman Keith Bradley

________________________________
Madeline Grigg, Secretary

Page 3 of 35

STAFF REPORT
For the City of Kings Mountain Planning and Zoning Board Meeting: June 3, 2026
DATE: May 11, 2026

CASE: Z-26-7

TO: Kings Mountain Planning and Zoning Board
FROM: Planning Department
PREPARED BY: Jaylon M. Smallwood, Planner II
TITLE
Consider a Map Amendment to the City of Kings Mountain Zoning Map
Changing Parcel 12773 from Suburban Commercial (SC) to Auto Urban Commercial (AU)

PURPOSE:
To consider the applicant’s request to change the zoning district on parcel 12773 located at the corner of
Galilee Church and York Road from Suburban Commercial (SC) to Auto Urban Commercial (AU).
BACKGROUND AND FINDINGS:
Parcel 12773 is a +/-0.83-acre tract located at the corner of Galilee Church and York Road. The parcel is
currently zoned Suburban Commercial (SC). This zoning district permits office and limited retail uses that
serve the daily needs of nearby residents.
The requested zoning district is Auto Urban Commercial (AU) which permits a broad range of single use
and multi-tenant purposes in addition to various entertainment, retail services, and office uses. The Auto
Urban Commercial (AU) district is designed to accommodate commercial activity typically found along
major transportation corridors which is consistent with the parcel's location along the NC 161 corridor.
According to the Future Land Use (FLU) map, parcel 12773 is designated as Future Auto Urban which aligns
with the requested use of Auto Urban Commercial (AU).
FINANCIAL IMPACTS:
This rezoning would allow for the property to be better utilized by the owner and generate increased
commercial tax revenue for the city.
RECOMMENDATION:
Planning staff supports the zoning request because it aligns with the Future Land Use (FLU) map and aligns
with development in the area. Commercially zoned properties are often best suited along buys roads such
as York Road. There is a large amount of industrially zoned property in the vicinity as well.

Page 4 of 35

ALTERNATIVES:
The Planning and Zoning Board can recommend denial of the requested rezoning map amendment as
proposed by staff.
ATTACHMENTS:
1.) Z-26-7 Aerial Map
2.) Z-26-7 Current Zoning Map
3.) Z-26-7 Proposed Zoning Map
4.) Z-26-7 Current Future Land Use Map

Department Head Signature:

Brad J. Lagano

.

Page 5 of 35

May 6, 2026

City of Kings Mountain, NC

Record No: Z-26-7

Primary Location

Applicant

Application for Rezoning
or Text Amendment

1058 York Rd
Kings Mountain, NC 28086

Janet NekooasL
704-349-1799
[email protected]
1212 Kendrick Rd.
Gastonia, NC 28056

Status: Active
Submitted On: 4/30/2026

Owner
Allen Ruth O
360 Harold Ingram Hw
Jefferson, SC 29718

General Information
Type of Application*

Is the Applicant the property owner?*

Rezoning

no

Applicant's comments

Owner Information
Name*

Address*

Thoroughbred Partners Ltd

8816 Red Oak Blvd, #2, Charlotte N.C
28217

Phone*

7046629904

Email

Page 6 of 35

Rezoning
Company/Corporate Name

Acreage*

0.83

Current Zoning*

Proposed Zoning*

Suburban Commercial (SC)

Auto-Urban Commercial (AU)

Are you rezoning an entire parcel(s)?*

Parcel Number(s)*

Yes

12773

Current Use*

Commercial

I hereby certify that I am the owner, contractor, or
authorized agent of the owner, and the above
information is correct to the best of my knowledge
and hereby make application for a rezoning permit.
Any information given that is incorrect will cause this
application to become null and void. I acknowledge
that withdrawal of this application after notice has
been made will result in forfeiture of any application
fees associated with said application. *

Janet NekooasL
Apr 30, 2026

Page 7 of 35

NC CGIA, NC Collaboratory at UNCCH, Microsoft, Vantor

Z-26-7 Aerial Map

Page 8 of 35

HI

HI
LI

LI

HI

SR
LI
SR
SR
LI

SC

SR

SR

SR
SR

SR

SR
SR

SR

SR

SR

SR
SR
SR
SR

SR

Sources: Esri, Vantor, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA,
Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community,
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS
User Community

Z-26-7 Current Zoning Map

Page 9 of 35

Auto-Urban
(AU)

Semi-Urban
(SU)

Sources: Esri, Vantor, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA,
Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community,
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS
User Community

Z-26-7 Current Future Land Use Map

Page 10 of 35

HI

HI
LI

LI

HI

SR
LI
SR
SR
LI

AU

SR

SR

SR
SR

SR

SR
SR

SR

SR

SR

SR
SR
SR
SR

SR

Sources: Esri, Vantor, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA,
Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community,
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS
User Community

Z-26-7 Proposed Zoning Map

Page 11 of 35

Auto-Urban
(AU)

Semi-Urban
(SU)

Sources: Esri, Vantor, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA,
Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community,
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS
User Community

Z-26-7 Proposed Future Land Use Map

Page 12 of 35

STAFF REPORT
For the City of Kings Mountain Planning and Zoning Board Meeting: June 3, 2026
DATE: May 13, 2026

CASE: Z-26-8

TO: Kings Mountain Planning and Zoning Board
FROM: Planning Department
PREPARED BY: Jaylon M. Smallwood, Planner II
TITLE
Consider a Map Amendment to the City of Kings Mountain Zoning Map
Changing Parcels 13360 and 72754 from Semi-Urban Residential (SU) to Auto Urban Commercial (AU)

PURPOSE:
To consider the applicant’s request to change the zoning district on parcels 13360 and 72754 from Semi
Urban Residential (SU) to Auto Urban Commercial (AU). These parcels are located at the eastern end of
Fulton Street and the corner of North Piedmont Avenue and US 74 Bypass near the east off ramp.
BACKGROUND AND FINDINGS:
Parcels 13360 and 72754 form a combined +/-2.15-acre tract located at the eastern end of Fulton Street
and the corner of North Piedmont Avenue and US 74 Bypass near the east off ramp. The parcels are
currently zoned Semi-Urban Residential (SU). This zoning district permits residential development on
smaller, moderately sized lots.
The requested zoning district is Auto Urban Commercial (AU) which permits a broad range of single use
and multi-tenant purposes in addition to various entertainment, retail services, and office uses. The Auto
Urban Commercial (AU) district is designed to accommodate commercial activity typically found along
major transportation corridors which is consistent with the parcels’ location along the NC 216 corridor.
The Future Land Use (FLU) map currently designates these parcels as Future Semi-Urban. If the rezoning
is approved, the FLU map would need to be amended to reflect Future Auto Urban to align with the
requested zoning designation.
FINANCIAL IMPACTS:
This rezoning would allow the property to be better utilized along a well-traveled intersection and provide
additional commercial tax revenue for the City.

Page 13 of 35

RECOMMENDATION:
Planning staff supports the zoning request as it aligns with adjacent Auto Urban Commercial (AU) zoned
properties to the south.
ALTERNATIVES:
The Planning and Zoning Board can recommend denial of the requested rezoning map amendment as
proposed by staff.
ATTACHMENTS:
1.) Z-26-8 Aerial Map
2.) Z-26-8 Current Zoning Map
3.) Z-26-8 Proposed Zoning Map
4.) Z-26-8 Current Future Land Use Map
5.) Z-26-8 Amended Future Land Use Map

Department Head Signature:

Brad J. Lagano

Page 14 of 35

May 21, 2026

City of Kings Mountain, NC

Record No: Z26-8
Application for
Rezoning or Text
Amendment
Status: Active
Submitted On: 5/12/2026

Primary Location

Applicant

109 Fulton St
Kings Mountain, NC
28086

Glenn Carroll
704-739-4411
[email protected]
PO Box 157
Kings Mountain, NC 28086

Owner
James Glenn Carroll
N Piedmont Ave 605
Kings Mountain, NC
28086

General Information
Type of Application*

Is the Applicant the property owner?*

Rezoning

yes

Applicant's comments

Rezoning
Company/Corporate Name

Acreage*

2.15

Current Zoning*

Proposed Zoning*

Semi-Urban Residential (SU)

Auto-Urban Commercial (AU)

Are you rezoning an entire parcel(s)?*

Parcel Number(s)*

Yes

13360,72754

Page 15 of 35

Current Use*

Single Family Residential Home and Vacant Lot

I hereby certify that I am the owner, contractor, or
authorized agent of the owner, and the above
information is correct to the best of my knowledge
and hereby make application for a rezoning permit.
Any information given that is incorrect will cause this
application to become null and void. I acknowledge
that withdrawal of this application after notice has
been made will result in forfeiture of any application
fees associated with said application. *

James Glenn Carroll
May 12, 2026

Page 16 of 35

NC CGIA, NC Collaboratory at UNCCH, Microsoft, Vantor

Z-26-8 Aerial Map

Page 17 of 35

SU
SU

SU

SU
SU

SU
SU

SU

SU

SU

SU

SU

SU

SU

SU

SU

SU
SU

SU

SU

SU

SU

SU

SU
SU
SU
SU

SU

SU
SU

SU

SU

SU

SU

AU

SU

SU
AU
SU

SU
SU
SU

SU

SC

LI

SU

SU
SU

LI

SU

LI
LI

SU
LI

SU
SU

SU

SU

SU

Sources: Esri, Vantor, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA,
Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community,
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS
SU
User Community

SU

Z-26-8 Current Zoning Map

SU

Page 18 of 35

Semi-Urban (SU)
Semi-Urban (SU)

Semi-Urban (SU)

Semi-Urban (SU)

Semi-Urban (SU)
Auto-Urban (AU)

Semi-Urban (SU)
Semi-Urban (SU)

Semi-Urban (SU)
Sources: Esri, Vantor, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA,
Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community,
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS
User Community

Z-26-8 Current Future Land Use Map

Page 19 of 35

SU
SU

SU

SU
SU

SU
SU

SU

SU

SU

SU

SU

SU

SU

SU

SU

SU
SU

AU

SU

AU

SU

SU

SU
SU
SU
SU

SU

SU
SU

SU

SU

SU

SU

AU

SU

SU
AU
SU

SU
SU
SU

SU

SC

LI

SU

SU
SU

LI

SU

LI
LI

SU
LI

SU
SU

SU

SU

SU

Sources: Esri, Vantor, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA,
Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community,
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS
SU
User Community

SU

Z-26-8 Proposed Zoning Map

SU

Page 20 of 35

Semi-Urban
(SU)
Semi-Urban
(SU)

Semi-Urban
(SU)
Auto-Urban
(AU)

Semi-Urban
(SU)

Semi-Urban
(SU)

Semi-Urban
(SU)

Semi-Urban
(SU)

Semi-Urban
(SU)
Sources: Esri, Vantor, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA,
Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community,
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS
User Community

Z-26-8 Proposed Future Land Use Map

Page 21 of 35

STAFF REPORT

For the Kings Mountain Planning and Zoning Board Meeting of: June 2nd, 2026
DATE: May 21, 2026

CASE: Z-26-09

TO: Kings Mountain Planning and Zoning Board
FROM: Planning Department
PREPARED BY: Jaylon M. Smallwood, Planner II
TITLE
Consider a Text Amendment to the City of Kings Mountain UDO, Establish a New Zoning District and
Standards for Mineral Extraction
PURPOSE:
To consider a new Zoning District and Standards for Mineral Extraction as developed between the City of
Kings Mountain and Albermarle.
BACKGROUND AND FINDINGS:
The proposed text amendment is a result of continued conversation between the City of Kings Mountain
and Albermarle since 2023. The text amendment aims to create a dedicated zoning district denoted as
Mineral Extraction (ME), which would be permitted by Conditional Use under the Mineral Extraction Use
category, and provides for increased development standards.
A mixture of mineral extraction, supporting operations, and activities designed and constructed to
protect adjacent land uses, including residential, nonresidential, mixed-use areas, and the hospitality
district. Paramount is the protection of human health, the environment, and public safety. The district is
to be located in proximity to specific ore deposits and includes extraction of raw materials, disposition of
tailings, movement of materials internally and externally, manufacturing and product conversion, waste
management, stockpiling, and warehousing with both indoor and outdoor storage. The use generates
continuous heavy truck and employee traffic with noise, ground vibrations, dust, and light. As a result
the protection of human health, the environment, public safety, and the economic viability of planned
or existing businesses and industries is crucial. Therefore, proposed site designs will establish
protections for adjacent land uses, which include but are not limited to residential, nonresidential,
mixed-use, hospitality district, central business district, and recreational areas. Proposed site designs will
mitigate environmental impacts, minimize noise, air, and light pollution, and shield surrounding
properties and transportation corridors with specified landscaped buffers and berms.

Page 22 of 35

FINANCIAL IMPACTS:
This text amendment would allow for increased income from currently idle industrial property and
further diversification of revenue sources for the city
RECOMMENDATION:
Development Services staff supports the text amendment request, as it provides increased standards for
the proposed use beyond what is currently required under existing Industrial districts. Staff believes this
amendment will also further the following City Comprehensive Land Use goals:
Future City – Land Use and Growth, Industrial
•
•

I2: Industrial uses should be located in dedicated industrial development areas.
I5: Industrial development involving trucking operations should have good access to truck
routes, designated hazardous material routes, and railroads as applicable.

Economic Development – Growth and Revitalization Strategies
•
•

A: Focusing economic growth in the commercial and industrial sectors to the identified corridors
on the Future Land Use Map.
F: Prioritize a higher utilization of industrial land, especially areas that are already “shovelready”.

Economic Development – Economic Opportunity Goals
•

C: Focus on Kings Mountain's existing economic assets, including the industrial parks,
downtown, manufacturing base, mining industry, and casino/entertainment areas.

ALTERNATIVES:
The Planning and Zoning Board can recommend denial of the requested changes as presented
ATTACHMENTS:
1.) Z-26-9 Full Mineral Extraction District Amendment
2.) Z-26-9 Aerial Map
3.) Z-26-9 Current Zoning map

Department Head Signature:

Brad J. Lagano .

Page 23 of 35

May 18, 2026

City of Kings Mountain, NC

Record No: Z-26-9

Primary Location

Applicant

Application for Rezoning
or Text Amendment

348 Holiday Inn Dr
Kings Mountain, NC 28086

No applicant

Status: Active
Submitted On: 5/14/2026

Owner
Albemarle U S Inc
2800 Post Oak Blvd S
Houston, TX 77056

General Information
Type of Application*

Text Amendment

Applicant's comments

Creation of New Zoning District and Standards

Text Amendment
Section of the UDO you wish to alter (please include the section location and language)*

156.10 Zoning Districts and Standards
156.30 Land Use Standards
156.50 Design
156.170 Definitions

What is the proposed new language to be adopted into the UDO*

Attached

Page 24 of 35

Supporting information on your reason for applying for this text amendment?*

Requirement between City and Albemarle for development of Property

Page 25 of 35

NC CGIA, NC Collaboratory at UNCCH, Vantor

Z-26-9 Aerial Map

Page 26 of 35

E-CD

MU
SC

SU

HI

SR
AU

HT
RC
LI

PD

RU
NC CGIA, NC Collaboratory at UNCCH, Vantor

Z-26-9 Current Zoning Map

Page 27 of 35

Mineral Extraction District
A. Generally. The purpose of the Mineral Extraction (ME) District is to provide for a mixture of
mineral extraction, supporting operations, and activities located in proximity to specific deposits
of mineral ore. The ME District includes the extraction of raw materials, deposition of tailings,
movement of materials internally and externally, crushing, grinding, beneficiation,
manufacturing and production conversion, waste management, stockpiling, and warehousing
with both indoor and outdoor storage. Because mines in urban settings have greater external
impacts than mines in rural areas, greater emphasis is placed on site plans during the
entitlement process than for uses in other districts. Paramount is the protection of human
health, the environment, public safety, and the general welfare, including the economic viability
of nearby planned or existing businesses and industries. Therefore, the site design must
reasonably protect adjacent land uses which may include but are not limited to residential,
commercial, mixed-use, recreational and industrial areas. The city’s legislative decision to
rezone land to this district will consider whether the site design mitigate environmental
impacts, minimize noise, air and light pollution, and shield surrounding properties and
transportation corridors.
B. Purposes. The purposes of these standards are to:
1. Recognize that mining is a heavy industrial use while imposing standards to reasonably
mitigate noise and vibrations generated onsite from impacting nearby land uses that
include residential, mixed-use, commercial, hospitality, light industrial, parks and
recreational land uses, and environmentally sensitive areas.
2. Protect surrounding residential, mixed-use, commercial, hospitality, light industrial,
parks and recreation land uses, and environmentally sensitive areas.
3. Limit or control artificial light to prevent environmental consequences for humans,
wildlife, and economic consequences or aggravations for nearby residential or business
uses.
4. Buffer all corridors and all non-mineral extraction uses through reasonable separations
and setbacks.
5. Design development to the capacity of the City’s electrical, water, and wastewater
services, and impacts to future land use, parks and recreation, housing, the
environment, transportation, economic development, and quality of life.
6. Protect and reasonably mitigate negative impacts to thoroughfares and freeways from
truck routes and designated hazardous material routes.
7. Balance the needs of the mining company or companies and the health, safety, and
welfare of the public.
C. Applicability. These standards shall apply in the following circumstances:
1. Any new mines and any new mine construction not previously described in an approved
site plan.
2. All modifications to existing properties in the Mineral Extraction district.
3. Expansions of a mine or mining permit to areas not zoned for Mineral Extraction.
D. Approval. Any rezoning request into the ME Districts shall be approved only as a conditional
zoning district, as provided in North Carolina General Statute 160D-703(a)(2) and 703(b) so
that site plan components and site-specific mitigations described in site plans can be added as
178154976.1
179754318.1

Page 28 of 35

conditions that run with the land. It shall be reviewed and approved in accordance with the
procedures for a zoning map amendment set forth in UDO Section 156.100.17. Unless
expressly preempted by the State Mining Act, the following requirements shall control.
E. Application Requirements. To assist staff in the evaluation of a rezoning map amendment
application, an application shall include a project narrative, detailed project site plan, and
technical specifications to depict mineral extraction and all supporting operations and activities.
An application for any development within the ME district must include the following:
1. Project Narrative. An ME Project Narrative document that broadly describes all
operations and development timelines, and sets forth the design and development
criteria that are applicable to the project and details the manner in which the
proposed project meets the regulations applicable to the property. The ME Project
Narrative shall, at a minimum, also include the following:
a. A narrative of the proposed development which addresses the
development’s consistency with the City’s Comprehensive Plan, the
Future Land Use Map, UDO, and other relevant City policies;
b. A table/chart of permitted uses/activities detailing the anticipated
location, height or depth, and acreage of:
i.
Tailings, sediment ponds, and stockpiles
ii.
Waste piles
iii.
Processing areas
iv.
Haul and internal roads
v.
Mine excavations
vi.
Natural resources and environmental data
vii.
Stormwater management
viii.
Transportation infrastructure improvements
ix.
Utilities
x.
Phasing
c. Description and methodology of all operations to be conducted on the
premises, including, but not limited to, blasting, digging, sorting, conveying,
and washing operations, and the type, size, and nature of equipment to be
used with each operation.
2. Project Site Plan. A Project Site Plan showing the proposed development of the area
shall be presented with the application. The Project Site Plan may consist of multiple
figures and shall, at a minimum, include the following items:
a. The proposed title of the project, project designer, and developer contact
information.
b. The boundaries of the property involved: county parcel information, the
general location of all existing easements, property lines, existing streets,
buildings, and other existing physical features on the site.
c. The location of existing and proposed sanitary and storm sewers, water
mains, street lighting, and other service facilities in or near the project.
d. The location and dimensions of proposed streets, driveways, curb cuts,
entrances and exits, and parking.

178154976.1
179754318.1

Page 29 of 35

e. The location of setback lines and proposed easements.
f. Impervious surface ratios.
g. The location and heights of all mining-related infrastructure, including
principal and accessory buildings and storage areas, and dimensions of
structures.
h. The location and heights of all fencing, buffers, berms, screening, and
landscaping.
i. The project site plan shall be to a scale indicated on the exhibit.
j. Visual modeling for critical viewsheds of the proposed life of the project
as viewed from no less than four surrounding vantage points as agreed
upon in consultation with city staff.
k. Location of any dam inundation zones.
l. All map legends shall include:
i.
Applicant’s name
ii.
Mine name
iii.
North arrow
iv.
County
v.
Scale
vi.
Symbols used and corresponding names
vii.
Date prepared and revised
F. Specific Standards. Below are minimum standards for any project in the ME district. The
development agreement (see section G) may specify more stringent standards based on
specific situations.
1. Development Size
a. The ME district, and any project permitted within, shall only be permitted
on parcels that exceed 100 acres in size.
b. Contiguous expansions of any size shall be permitted but noncontiguous
expansions must be at least 25 acres.
2. Setbacks: Setbacks in the ME district shall be a minimum of fifty (50) feet from all
property lines.
3. Buffering:
a. On sites, where mineral extraction is a primary use, buffering shall be
placed along all property lines, with the exception of rail lines, and shall,
at a minimum, be:
i.
Type D buffering bordering any road right-of-way, residentially
zoned parcel, or commercially zoned parcel.
ii.
Type C buffering bordering any industrially zoned property,
including other ME district parcels.
b. For noncontiguous sites, where mineral extraction is not the primary use,
buffering shall be placed along all property lines, and shall, at a minimum,
be:
i.
Type C buffering bordering any road right-of-way, residentially

178154976.1
179754318.1

Page 30 of 35

4.

5.

6.

7.

8.

178154976.1
179754318.1

zoned parcel, or commercially zoned parcel.
ii.
Type B buffering bordering any industrially zoned property,
including other ME district parcels.
c. Existing vegetation shall be kept in place to the highest degree possible
between the property line and any structures. When existing vegetation is
dominated by deciduous plant species, evergreen species shall be planted
to bolster required screening in line with the approved site plan.
d. Buffering shall not be required within existing easements.
e. A minimum twelve-foot-high, 50-foot-wide, vegetated berm shall be
incorporated into the setback/buffer area along all property lines. Berms
shall include a diversity of tree species, native to North Carolina and
compatible with planting zone 7b.
Structure Height:
a. Structures, towers, and stationary operational equipment, excluding
tailings, rock, and soil storage, shall not exceed 160 feet in height.
b. Tailings, rock, and soil storage shall not exceed 400 feet in height.
Fencing:
a. Full perimeter security fencing is required around the entirety of the
project.
b. The fencing shall be, at a minimum, six (6) foot chain link.
c. The fencing shall be dark green or black in color to blend in with the
environment.
d. No razor wire, angled arms, or barbed wire is allowed.
Lighting:
a. Lighting shall utilize and implement best management practices to reduce
light pollution such as:
i.
Fully shielded outdoor light fixtures.
ii.
Vegetation to shield reflective and horizontal light.
b. A lighting management plan will be included showing all light generated
on site, in line with standards endorsed by the International DarkSky
Association.
Parking:
a. Parking shall meet the requirements for Heavy Industrial Uses found in
Table 156.60.01.B-1.
b. Parking shall meet the design standards set forth in Section 156.60.
Noise:
a. Noise mitigation measures to reduce noise pollution leaving the site, in
accordance with the city’s noise ordinance, shall be put in place prior to
issuance of a CO. Vegetated berms shall be counted for the purposes of
noise mitigation.
b. A noise analysis prepared by a licensed N.C. engineer showing the decibel
levels during daily operation along the boundary of the mining permit at

Page 31 of 35

300 foot interval locations shall be provided as part of the map amendment
application process. The analysis may show noise levels as mitigated by
proposed berms.
c.
d. Blasting shall only occur between 9:00 AM – 5:00 PM, Monday through
Friday. No blasting shall operate on Saturday, Sunday, national/federal
holidays or on Christmas, Yom Kippur, or Rosh Hashanah. The
development agreement may further specify permitted blasting times.
9. Roads:
a. Roads internal to the mining project shall be private roads and will be
maintained by the developer, but shall be accessible to city personnel
during normal business hours.
b. At a minimum, roads shall be designed to accommodate emergency
service and public works vehicles.
c. Sidewalks are not required on internal roads but shall be required along
public rights-of-way, excluding I-85.
10. Traffic Impact Analysis
a. A proposed project in the ME district shall require a Traffic Impact
Analysis (TIA), as outlined in section 156.70.03.B.D.1 of the UDO.
b. The developer shall implement all mitigation strategies suggested by the
TIA.
G. Development Agreement
1. In order to more fully mitigate the impacts of a mine in an urban setting, a
development agreement as authorized by N.C. Gen. Stat. §160D-1001 et. seq. shall
be used in addition to conditional zoning. A development agreement is anticipated
to enable the City and the Developer to discuss in detail and negotiate how
mitigations may be imposed to provide assurances that the mine can operate fully
and effectively while simultaneously addressing the project’s external impacts.
2. The agreement is specific to each individual project and only applies to the project
in question.
3. In the event of conflict between the development agreement and the UDO, the
stricter of the two shall apply.
4. The development agreement shall be approved by the city council concurrently with
the accompanying ME District rezoning.
H. Bonding
1. Reclamation shall be fully bonded and based upon cost estimates sealed by a civil
engineer licensed in the State of North Carolina. The bond shall be required for all
reclamation costs that exceed the bond imposed by NCDEQ. Any performance bond
that may be required as part of a project shall be detailed in the development
agreement.
2. Proof of any bond shall be required prior to the beginning of any property
improvements.
178154976.1
179754318.1

Page 32 of 35

§ 156.170 Definitions
156.170.01 Use Definitions

A
Above Ground Level (AGL): The distance from the surface of the ground beneath an object to the top of
the object

B
Berm: A level space, shelf, or raised barrier (usually made of compacted soil) separating two areas of
land or property.

H
Haul Roads: Roads or paths used by mining equipment to transport earthen materials, separated from
public roads and roads used by mine service vehicles.

P
Processing Area: The area of an operating site used for extracting minerals from ore through physical
and/or chemical separation processes.

R
Rock Stockpile Facility: A designed and constructed storage facility that contains rock extracted from
the pit during operations.
178154976.1
179754318.1

Page 33 of 35

S
Soil Stockpile: A designed and constructed storage facility that contains overburden, soils, or other
organic material removed from the ground surface and used for reclamation.

T
Tailings Storage Facility: A designed and constructed storage facility that contains the byproduct of
mineral processing.

156.30.02 Land Use Matrix
(A)

(B)
(C)

178154976.1
179754318.1

Principal Uses. In interpreting what is a principal use, the principal use shall be
considered as the primary purpose or function that a lot or structure serves or is
proposed to serve. Two or more principal uses may be permitted to occupy the same
land or building as long as each use is a permitted use.
Accessory Uses. An accessory use shall be considered a structure or use that meets the
criteria set forth in 156.30.06, Accessory Use and Structure Standards.
Permitted Uses. Table 156.30.02-1, Permitted Uses by Zoning District, lists the land uses
permitted in the various zoning districts.
(1) Symbols. Table 156.30.02-2 uses the following symbols:
(a) "P" means that the land use is Permitted by Right subject to the standards
that apply to all Permitted Uses.
(b) "L" means that the land use is Permitted with Limitations in the same manner
as a Permitted Use subject to Section 156.30.04, Limited Use Standards.
(c) "S" means that the use is allowed as a Special Use, which may be approved
following a public hearing by the Board of Adjustment or City Council,
subject to the procedures set forth in Subsection 156.30.05, Special Use
Permits. Those being reviewed by City Council acting in a quasi-judicial role
are noted with an asterisk (*) next to the "S".
(d) “C” means that the use is allowed as a Conditional District, which only applies
to the Mineral Extraction District, and the Mineral Extraction use therein.
(e) "--" means that the use is a Prohibited Use in the specified zoning district.
(2) Unlisted Use Categories and Uses. A use category or specific use is prohibited if it
is not listed in Table 156.30.02-1 and if the Administrator cannot interpret an
unlisted specific use as functionally similar to a use that is allowed, based on the
criteria in Section 156.30.03, New and Unlisted Uses.

Page 34 of 35

Zoning District and Development Types
Rural and Residential
Use Category

Light Industrial

Self-Service Storage

Warehousing and Storage

Specific Use

RU

Wholesale Trade

Mineral Extraction

178154976.1
179754318.1

SU

RC

Business and
Industrial

S

S PL S PL C

SC AU CB MU HT HI

LI

ME

Small Scale Manufacturing

L

--

--

--

--

--

L

L

L

L

L

P

P

--

Micromanufacturing

--

--

--

--

--

--

--

--

--

--

--

P

P

--

--

--

--

--

--

--

--

--

--

--

--

P

P

--

All Other Light Industrial
Uses

--

--

--

--

--

--

--

--

--

--

--

P

P

All Self-Service
Uses

--

--

--

--

--

--

--

L

--

--

--

--

L

--

--

--

--

--

--

--

--

--

--

--

P

P

--

--

--

--

--

--

--

--

--

--

--

S*

--

--

--

--

--

--

--

--

--

--

--

--

--

S*

--

--

All Other Waste Related
Service

--

--

--

--

--

--

--

--

--

--

--

S

--

--

Building Material Supply
(with outdoor storage)

--

--

--

--

--

--

P

P

--

--

--

P

--

--

Farm Products Sales, Bulk

--

--

--

--

--

--

--

P

--

--

--

--

--

--

Farm Supply Product Sales
(with outdoor storage)

--

--

--

--

--

--

--

P

--

--

--

--

--

--

Florist and Nursery Supply,
(with outdoor storage)

--

--

--

--

--

--

P

P

--

--

--

--

--

--

Commercial Test Kitchen

--

--

--

--

--

--

--

P

P

--

--

P

P

--

All Other Wholesale Trade
(without outdoor storage)

--

--

--

--

--

--

--

P

--

--

--

P

P

--

Mineral Extraction

--

--

--

--

--

--

--

--

--

--

--

--

--

C

Scientific
Research
Development Services

&

Storage

All
Warehousing
Storage Uses

and

Landfill
Waste Related Service

SR

Nonresidential and
Mixed Use

Salvage Yard
vehicles)

(including

---

Page 35 of 35

Table 156.10.02-1, Zoning Districts
(under special purpose districts)

Mineral Extraction (ME)

178154976.1
179754318.1

Auto-Urban or
Rural

Mineral Extraction
and Operations

A mixture of mineral extraction, supporting operations
and activities designed and constructed to protect
adjacent land uses including residential, nonresidential,
mixed-use areas, and the hospitality district. Paramount is
the protection of human health, the environment, and
public safety. The district is located in proximity to specific
ore deposits and includes extraction of raw materials,
disposition of tailings, movement of materials internally
and externally, manufacturing and product conversion,
waste management, stockpiling, and warehousing with
both indoor and outdoor storage. The use generates
continuous heavy truck and employee traffic with noise,
ground vibrations, dust, and light. Paramount is the
protection of human health, the environment, public
safety, and the economic viability of planned or existing
b u s i n e s s e s and industries; therefore, the site design
must protect adjacent land uses which include but are
not limited to residential, nonresidential, mixed-use,
hospitality district, central business district, and
r e cr e at io na l areas. The site design must mitigate
environmental impacts, minimize noise, air and light
pollution, and shields surrounding properties and
transportation corridors with specified landscaped buffers
and berms.

Varies

Outcome

Not yet recorded. The record stays open — outcomes are added as minutes and vote results are published.

Provenance

Where this record came from. Every source is listed, permanently.

  • Agenda Watch · Oct 3, 2026

Permanent ID DKT-2026-003541 — this record is never deleted.

Record history

Every change to this record, logged as it happened.

  • Oct 3, 2026 Filed on the Docket
  • Oct 3, 2026 Full document archived — public record

← The full Docket · every meeting, vote, and action on the permanent record · also in the National Record Index.