§ 155.301  RESIDENTIAL USE STANDARDS.
   The following standards shall apply to all permitted uses, conditional uses and special uses, as set forth in the Use Regulations Table (Table 2-1 § 155.202(B)). Additional design considerations may be outlined in the Clayton General Design Guidelines.
   (A)   Adult Care Home.
      (1)   An assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services to residents, either directly or, for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed adult care homes provide supervision to persons with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision.
      (2)   In the R-E District, an adult care home shall provide at least 150 square feet of gross floor area per occupant and 4,000 square feet of lot area per occupant.
      (3)   In the R-10 District, an adult care home shall provide least 150 square feet of gross floor area per occupant and 2,000 square feet of lot area per occupant.
      (4)   In the R-8 District, an adult care home shall provide least 150 square feet of gross floor area per occupant and 1,600 square feet of lot area per occupant.
      (5)   In the R-6 District, an adult care home shall provide at least 150 square feet of gross floor area per occupant and 1,200 square feet of lot area per occupant.
      (6)   Pursuant to G.S. § 168-22, an Adult Care Home shall not be located within a ½ mile radius of an existing Adult Care Home.
   (B)   Apartments. Three or more attached dwelling units in a single structure on a single lot, although individual units may be owned by a single or many different entities. Apartments are usually multi-story, and individual units can be mixed vertically and/or horizontally.
      (1)   No parking space shall be located in a required yard, except for the rear yard.
      (2)   No off-street parking space shall be located closer than ten feet to any residential building wall.
      (3)   For developments of 40 or more dwelling units, a divided ingress-egress driveway with a landscaped median is required at the main entrance to the community.
      (4)   Sidewalks shall be constructed within the interior of the development to link residential buildings with other destinations such as, but not limited to: parking, adjoining streets, mailboxes, trash disposal, adjoining sidewalks or greenways and on-site amenities such as recreation areas.
   (C)   Boarding House. A building, other than a hotel/motel or bed and breakfast, containing not more than nine guest rooms. At least one meal is provided to guests. Individual guest rooms may not contain kitchens and personal services are not provided.
      (1)   Boarding houses shall meet the standards of § 152.25 of the Town Code of Ordinances.
      (2)   Each boarding house shall have a full-time resident manager.
      (3)   Fifteen square feet of common living area other than kitchens, hallways and bathrooms shall be provided per occupant.
      (4)   A boarding house shall not be located within 1,000 feet, as measured in any direction from property line to property line, of another boarding house.
   (D)   Child Care Home. An assisted living residence that provides 24-hour supervision and personal care services for not more than eight orphaned, abandoned, dependent, disabled, or neglected children, together with not more than two adults who supervise such children, all of whom live together within a single residential dwelling unit. All Child Care Homes shall obtain appropriate licenses from the state.
      (1)   In the R-E District, a child care home shall provide at least 150 square feet of gross floor area per occupant and 4,000 square feet of lot area per occupant.
      (2)   In the R-10 District, a child care home shall provide at least 150 square feet of gross floor area per occupant and 2,000 square feet of lot area per occupant.
      (3)   In the R-8 District, an adult care home shall provide at least 150 square feet of gross floor area per occupant and 1,600 square feet of lot area per occupant.
      (4)   In the R-6 District, an adult care home shall provide at least 150 square feet of gross floor area per occupant and 1,200 square feet of lot area per occupant.
      (5)   Where abutting a residential use, visual buffers shall be provided so as to shield all parking areas, play areas and outdoor activity from abutting property. Such buffer shall consist of trees or other vegetation of such height and depths as determined by the Board of Adjustment or an appropriate fence or wall or combination thereof.
   (E)   Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. Manufactured home includes any structure that meets all of the requirements of this definition and with respect to which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the manufactured home act. Except as set forth in division (F)(1)(a) of this section, all manufactured homes shall meet or exceed the following criteria:
      (1)   The manufactured home shall be set up and tied down in accordance with the standards set by the North Carolina Department of Insurance.
      (2)   The manufactured home shall have a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis.
      (3)   The manufactured home shall have a minimum of 960 square feet of enclosed and heated living area per dwelling area.
      (4)   Screening of the foundation area shall be by a continuous, permanent masonry foundation or masonry curtain wall with a finished surface and constructed in accordance with North Carolina Building Code regulations. The foundation shall be unbroken except for required ventilation and access, and installed under the perimeter of the manufactured home.
      (5)   Stairs, porches, entrance platforms, ramps, and other means of entrance and exit to and from the manufactured home shall be installed or constructed in accordance with the standards set by the North Carolina Building Code, free standing or attached firmly to the primary structure and anchored securely to the ground.
      (6)   The exterior siding shall consist predominantly of vinyl or aluminum horizontal siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.
      (7)   The moving hitch, wheels and axles, and transporting lights shall be have been removed.
      (8)   At least two off-street parking spaces shall be provided.
      (9)   The lot shall be cleared of all excess growth and graded to provide adequate drainage.
      (10)   All areas not used for parking, manufactured homes, or required porches, shall be grassed or otherwise suitably landscaped to prevent erosion.
      (11)   All standards must be met prior to issuance of a certificate of occupancy.
   (F)   Manufactured Home Parks. Any plat of ground upon which two or more manufactured homes, occupied for dwelling purposes, are located, regardless of whether a charge is made for such accommodations. Includes a recreation vehicle park.
      (1)   General Requirements.
         (a)   Notwithstanding the criteria set forth in division (F) above, manufactured homes located within manufactured home parks shall be in accordance with all of the requirements of division (F) above, except divisions (F)(2), (F)(3) and (F)(4) shall not apply to manufactured homes located in manufactured home parks. All new or replacement manufactured homes located in manufactured home parks shall be a minimum of 12 feet in width, measured at the narrowest part of the shortest axis of the home, and shall contain a minimum of 480 square feet of enclosed and heated living area. The foundation area of the manufactured home shall be at a minimum, completely screened with faux skirting panels constructed from durable vinyl, or panels simulating a faux brick, rock or stone finish. The skirting shall be completely framed including a bottom track. The foundation screening must be kept in a well maintained condition.
         (b)   All manufactured home parks shall be a minimum of three acres in size.
         (c)   No living compartment or structure, other than a Florida Room or other prefabricated structure, specifically designed for manufactured home use or extension, shall be added to any manufactured home. Porches covered with a roof and open on three sides may be permitted if yard space requirements of this chapter are not violated, and if such addition complies with the North Carolina Building Code.
         (d)   Up to two manufactured home park identification signs may be utilized, but the sum of the areas of one side of these signs shall not exceed 40 square feet. Only external, nonflashing lighting shall be used for illumination. The top portion of any sign shall not exceed 12 feet in height.
         (e)   Within a manufactured home park, one manufactured home may be used as an administrative office.
      (2)   Streets and Parking.
         (a)   Each manufactured home shall abut upon an improved street or driveway, which shall have unobstructed access to a Town or state maintained road.
         (b)   Streets shall have a minimum paved width of 20 feet. In addition, every such street shall lie within a cleared right-of-way having a minimum width of 40 feet.
         (c)   Maintenance of such streets shall be provided by the owner or operator of the park.
         (d)   Permanent dead-end streets or cul-de-sacs shall not exceed 500 feet in length and shall be provided with a turnaround of at least 70 feet in diameter.
         (e)   Streets or drives within the manufactured home park shall intersect as nearly as possible at right angles, and no street shall intersect at less than 75 degrees. Where a street intersects a public street or road, the design standards of the North Carolina Highway Commission shall apply.
         (f)   New street names or manufactured home park names shall not duplicate nor be similar to existing street names or manufactured home park names in the area.
         (g)   A minimum of two paved parking spaces shall be provided adjacent to each manufactured home space, but shall not be located within any public right-of-way or within any street in the park.
         (h)   No manufactured home lots shall be located within the 100-year floodway area, as shown on the latest National Flood Insurance Program map for the Town.
      (3)   Lot Size and Lot Width Requirements.
         (a)   Lots served by community or public water and sewer shall have a minimum lot size of 6,000 square feet and have a minimum lot width of 50 feet at the front building line. The maximum coverage of the lot by the unit and any accessory structures shall not exceed 40% of the lot area.
         (b)   Lots served by individual septic tank and individual well shall have a minimum lot size of 25,000 square feet and have a minimum lot width of 75 feet at the front building line. The maximum coverage of the lot by the unit and any accessory structures shall not exceed 40% of the lot area.
         (c)   Lots served by community or public water and individual septic tank or public sewer and individual well shall have a minimum lot size of 15,000 square feet and have a minimum lot width of 75 feet at the front building line. The maximum coverage of the lot by the unit shall not exceed 40% of the lot area.
      (4)   Project Boundary Buffer. A Class C buffer shall be provided (see § 155.402) along all project boundaries of a manufactured home park.
      (5)   Yard Requirements.
         (a)   The following yard requirements shall pertain to every manufactured home in the manufactured home park:
            1.   Minimum depth of street yard, measured from front lot line: 20 feet.
            2.   Minimum width of side yard, measured from side lot line:
               A.   Ten feet.
               B.   Six feet, if served by public water and sewer.
         (b)   Minimum depth of rear yard, measured from rear lot line: 20 feet.
         (c)   Detached garages and accessory buildings may be erected on manufactured home lots as permitted in § 155.308.
      (6)   Utility Requirements.
         (a)   Water. An accessible, adequate, safe supply of water shall be provided in each manufactured home park. When a municipal water supply is not available, a community water supply shall be developed and its supply used exclusively in accordance with the standards of the Sanitary Engineering Division of the North Carolina Division of Health Services and the County Health Department.
         (b)   Sewer. Adequate and safe sewage disposal facilities shall be provided in all manufactured home parks. Collection systems and sewage treatment complying with the requirements of the North Carolina Department of Natural Resources and Community Development and the County Health Department shall be provided.
         (c)   Solid Waste.
            1.   The storage, collection, and disposal of solid waste in the manufactured home park shall be so constructed as to create no health hazards, rodent harborage, insect breeding area, accident or fire hazard, or pollution, and shall be maintained at least 100 feet from a well site.
            2.   All solid waste containing garbage shall be stored in a standard fly-tight, watertight, rodent-proof container, which shall be located at each manufactured home space, or an approved bulk container site. The manufactured home park management shall be responsible for the proper storage, collection, and disposal of solid waste as specified by the County Health Department.
            3.   Grounds, buildings, and structures shall be maintained free of insect and rodent harborage and infestation.
            4.   No junked or abandoned vehicles shall be allowed in the park.
      (7)   Street Lights. All streets in the manufactured home park shall be adequately illuminated. The minimum size street light shall be a 175-watt mercury vapor, approximately 7,000 lumen class or its equivalent, spaced at intervals of not more than 400 feet. Street lights shall be at each intersection.
      (8)   Telephone and Power Lines. All telephone lines and power lines are to be located underground. Utility easements shall not be less than ten feet in width.
      (9)   Recreation Areas and Facilities.
         (a)   Adequate and suitable recreation areas to serve the anticipated population shall be provided and shall consist of at least 10,000 square feet for each 25 manufactured home lots. All manufactured home parks having five or more lots shall have a minimum size recreational area of 10,000 square feet. Manufactured home parks having more than 25 manufactured home lots shall provide 400 square feet of recreation space per lot in excess of 25.
         (b)   No recreational facilities shall be placed in an area utilized for septic tank filter fields.
      (10)   Mobile Home Parks with Prior Approval. All mobile home parks approved for development by the Town, County, or State prior to May 4, 1987 are hereby granted special use status under the terms of § 155.109(A)(2), and the number of units contained therein may be maintained and replaced with other units, provided that:
         (a)   A copy of the mobile home park plan bearing proof of approval by the responsible governmental agency shall be filed in the Planning Department no later than 90 days after the approval of this revision.
         (b)   All replacement units shall obtain an approved zoning compliance permit and inspection by the Town Inspections Department prior to occupancy.
         (c)   All replacement units shall meet the requirements of division (F) of this section.
         (d)   No replacement unit may increase any nonconforming standard of the existing unit, and in no case may any replacement unit be located nearer than ten feet to a public street right-of-way or periphery property line.
         (e)   Any expansion of a mobile home park shall be in full accordance with the current standards of this chapter.
         (f)   If a mobile home park which does not conform to current standards has been discontinued, or if 80% of the number of spaces are vacated for a period of 180 days, the mobile home park shall not be re-established, and all future use of the land therein shall comply fully with the provisions of this chapter.
   (G)   Nursing Home (Congregate Living Facility). This term includes assisted living facilities, extended congregate care facilities, transitional living facilities, rehabilitative home care services, or home for the aged or any other residential structure, whether or not operated for profit, which undertakes for a period exceeding 24 hours: care, housing, food service, and one or more personal services for persons not related to the owner or administrator by blood or marriage. In addition, this term shall include other residential uses such as dormitories, group homes with a central dining facility, and similar bed-based uses.
   (H)   Duplex (also Known as “Two Family House”). Two attached dwelling units in a single structure on a single lot. The two units can be located on separate floors or side-by-side.
   (I)   Townhouse (also Known as Townhome or Rowhouse). Two or more attached dwelling units located on separately owned lots or on a single lot where the units are lined up in a row and share side walls, individual units can be mixed vertically. Each unit has direct access to the outside, with front and rear walls exposed, to be used for access, light, and/or ventilation.
      (1)   Side yards are not required for interior townhouses, but street and rear yards shall be provided for all townhouses, and building separation requirements shall be maintained for all townhouse structures.
      (2)   Parking Options.
         (a)   Rear-Loaded Garage.
            1.   Garage is placed entirely to the rear of the townhouse and is rear-accessed or alley loaded. Garage can be attached or detached.
            2.   Garage doors must face the alley or rear access drive.
         (b)   Front-Loaded Garage.
            1.   Garage doors may constitute no more than 50% of the width of the individual townhouse unit.
            2.   The driveway must be aligned with the garage and shall not exceed the width of the garage entrance/door.
            3.   Any parking in the front setback must have sufficient depth so that parked cars do not encroach on the adjacent sidewalk. The garage doors must be set back at least twenty-five feet (25’) from the sidewalk.
            4.   Garage doors must be recessed at least one foot behind the front wall plane, or a second story element over the garage doors must be provided that extends at least one foot beyond the front wall plane.
            5.   Front-loaded garages shall be prohibited on one-story townhome units.
         (c)   Shared Parking Area/Shared Parking Lot.
            1.   The minimum parking requirement shall be calculated as for an apartment or multifamily development.
      (3)   The maximum number of units allowed in a single building is eight.
      (4)   The first floor shall be located from ground level to a maximum of three feet above grade.
   (J)   Security or Caretaker Quarters. A dwelling unit, which may be a mobile home, a manufactured home, or a modular home, located on a site for occupancy by a caretaker or security guard.
   (K)   Single Family House. A detached dwelling unit located on a single lot with private yards on all four sides.
      (1)   For alley-loaded houses, an alley shall be provided to the rear of the house. All vehicular access shall take place from the alley. No parking shall be permitted in the required street yard.
   (L)   Upper-Story Residential. A dwelling unit located on a floor above a nonresidential use.
      (1)   An upper-story residential unit shall adhere to all dimensional standards of the nonresidential zoning district in which it is located.
   (M)   Zero Lot Line. A detached dwelling unit located on a single lot with private yards on three sides. The unit has a single side yard on one side comprising the equivalent of two side yards of a single-family detached house.
      (1)   A single side yard shall be provided comprising the equivalent of two side yards of a conventional detached house. This reduction shall not be allowed on the street yard or to the side yard adjacent to lots that are not part of the zero lot line project.
      (2)   An easement between the two property owners to allow for maintenance or repair of the house shall be required when the roof overhang or side wall of the house are within four feet of the adjacent property line (no roof overhang shall be permitted to extend across the property line). The easement on the adjacent property must provide at least five feet of unobstructed space. The easement shall be recorded on the subdivision plat.
      (3)   If the side wall of the house is on the property line, or within three feet of the property line, windows or other openings that allow for visibility into the side yard of the adjacent lot shall not be allowed. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, shall be allowed.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2007-06-02, passed 6-4-07; Am. Ord. 2012-01-05, passed 1-3-12;  Am. Ord. 2012-04-03, passed 4-2-12; Am. Ord. 2012-12-03, passed 12-3-12; Am. Ord. 2014-06-10, passed 6-16-14; Am. Ord. 2016-04-04, passed 4-4-16; Am. Ord. 2017-04-06, passed 4-3-17)