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Accessory dwelling units (ADUs) are allowed on residential lots in conjunction with primary dwelling units under the following conditions.
(A) There may be no more than one ADU per residential lot. All lots must be in conformance with size and dimensional requirements of this chapter.
(B) ADUs must meet the same standards and building codes as residential dwellings. Manufactured homes, sheds, recreational vehicles and campers are not permissible as ADUs.
(C) Total heated square footage and any associated spaces of an ADU shall be limited in size to 50% of the heated square footage of the primary dwelling or 750 square feet, whichever is less.
(D) Regardless of other provisions of this chapter, ADUs shall be subordinate to primary dwellings in both placement and dimension. In no case shall an ADU be taller, wider or longer than its associated primary dwelling.
(E) Attached ADUs or those otherwise built into the interior of a primary dwelling, such as garage apartments and additions, shall not extend into the front yard or beyond the original front exterior of the primary dwelling. Such units shall have their entrances only on the side or rear of the primary structure and shall meet all other area yard and height requirements of this chapter
(F) Detached ADUs shall be in accordance with area yard and height requirements of this chapter for their associated zoning district and shall be placed in accordance with said requirements.
(G) ADUs shall be serviced under the same utility accounts as the primary structure and shall not be assigned unique addresses or use separate mailboxes.
(H) ADUs shall be provided at least one designated off-street parking space and shall not feature a separate driveway in the front yard.
(I) Unobstructed and easily discernible access shall be provided to the front door of all ADUs at all times for direct contact by city and county public safety, emergency services and inspections personnel. Any fences or other barriers must be remain unlocked for such purposes.
(J) ADUs shall be in compliance with all other provisions of this chapter including uses such as homestays and bed and breakfasts.
(Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
In the case of two or more buildings to be constructed on a plot of ground of at least two acres not subdivided into the customary streets and lots and which will not be so subdivided, the application of the terms of this chapter may be varied by the Zoning Board of Adjustment in a manner that will be in harmony with the neighborhood, provided the following conditions exist.
(A) The uses are limited to those permitted within the zoning district in which the project is located. In no case shall the Board authorize a use not permitted in the district in which the project is to be located.
(B) The overall intensity of land use is no higher, and the standard of open space is no lower than that permitted in the district in which the project is located.
(C) The distance of every building from the nearest property line shall meet the front yard setback and side yard requirements of the district in which the project is located.
(D) The building heights do no exceed the height limits permitted in the district in which the project is located.
(E) If the property lies within or abuts on a residential district, and is to be used for a nonresidential purpose, there shall be a densely planted buffer strip at least ten feet in height along the rear or side lot lines abutting the residential properties. No buffer shall, however, extend nearer to a street right-of-way line than the established building line of the adjoining residential lot.
(‘58 Code, § 19-104) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
Any building, structure, or use of land existing at the time of the enactment of this chapter or any amendment thereto may be continued subject to the following provisions of § 92.023, provided, however, they shall not be:
(A) Changed to another nonconforming use.
(B) Enlarged or extended except in conformity with this chapter.
(C) Reestablished use after discontinuance of 180 days.
(D) Rebuilt, altered, or repaired after damage exceeding 60% of its fair market value immediately prior to damage.
(E) Replacements of any Class C or Class D manufactured home unit in a manufactured home park existing at the time of Ord. 98-27 or any amendment thereto that does not meet the Wind Zone 1 and the Thermal Zone 2 standards which is hereafter replaced shall be with a unit meeting the Class A or Class B definition (with the exception of foundation walls).
(F) Manufactured home parks in existence at the time of Ord. 98-27 shall be considered nonconforming and shall not be allowed to expand.
(Am. Ord. 91-19, passed 8-19-91; Am. Ord. 98- 27, passed 8-3-98; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
(A) Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of a nonconformity situation.
(B) A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may be extended to additional buildings or to land outside the original building only in accordance with division (E) of this section.
(C) A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming only in accordance with division (E)of this section.
(D) The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other divisions of this section occur.
(E) Subject to division (F) of this section, the following special use is permitted when authorized by the City Council after the Council holds a public hearing. Each request must be reviewed by the Planning Board and the Board's recommendations and comments will be presented in writing at the public hearing and included in the minutes of the meeting.
(1) A structure within which a nonconforming use is conducted to be enlarged; or
(2) Additional structures to be built on the lot where the non-conforming use is located, within which structures the nonconforming use can be enlarged; or
(3) A nonconforming use of land to be extended beyond geographical bounds in which it has been conducted.
(F) The City Council may issue the permit described in division (E) only if it finds that:
(1) The action authorized would not adversely affect the health or safety of persons residing or working in the neighborhood of the nonconforming use; and
(2) The action authorized would not substantially impair the value of nearby properties; and
(3) No useful purpose would be served by the strict application of the provisions or requirements of this chapter to which the use does not conform.
(Ord. 91-19, 8-19-91; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
(A) During emergencies, whenever the principal occupied structure located on a lot in a residential district has been rendered uninhabitable by fire, flood, or other natural disaster thereby displacing the occupants, recreational vehicles or campers for which the Stanly County Inspection Department has issued a permit may be located, whenever possible, in the rear yard of the lot on which the residence is under repair or construction; provided however, the Stanly County Inspection Department permit shall expire upon issuance of a certificate of occupancy for the residence or within one year from the date of issuance of the permit, whichever event shall first occur.
(B) Keeping unoccupied recreational vehicles, campers, and/or watercraft on a residential lot.
(1) These vehicles cannot be used as temporary dwelling units except during emergencies as set forth in division (A) above.
(2) For a single-family residential property, a maximum of two unoccupied recreational vehicles, campers, and watercraft may be stored in the rear or side yard and shall not encroach further into the front yard than the principal dwelling.
(3) For duplexes, a maximum of one unoccupied recreational vehicle camper, and/or watercraft for each dwelling unit may be stored in the rear or side yard, and shall not encroach further into the front yard than the principal dwelling.
(4) For developments with three or more dwelling units per parcel, a maximum of one unoccupied recreational vehicle camper, and/or watercraft per dwelling unit may be allowed if the property has a designated parking area with gravel or pavement.
(Ord. 08-31, passed 9-15-08; Am. Ord. 16-10, passed 4-4-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-09, passed 3-1-21; Am. Ord. 21-26, passed 7-12-21)
SIGNS
(A) In pursuance of authority granted by the General Assembly of North Carolina in G.S. 160A-381-192, the following regulations are hereby adopted as a supplement to the existing regulating ordinance. The purpose of this subchapter is to adapt policies and regulations concerning the placement of outdoor signs in the zoning jurisdiction of the city.
(B) The city recognizes that signs are a legitimate use of private property, and in order to maximize their advertisement potential for local businesses, promote driving safety, encourage orderly and effective display of advertising, and maintain uncluttered roads and visually attractive streetscapes, the placement of such signs should be regulated.
(C) The intent of such regulation is to increase local property values, protect the natural environment, and enhance the image of the community.
(Ord. 01-44, passed 12-17-01; Am. Ord. 02-06, passed 2-16-02; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
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