§ 155.308  ACCESSORY STRUCTURES AND USES.
   (A)   General. Accessory structures and uses shall be consistent with all standards in the district for the principal use, except as expressly set forth below. Additional design considerations may be outlined in the Clayton General Design Guidelines.
      (1)   Accessory structures and uses shall be accessory and clearly incidental and subordinate to a permitted principal uses. An accessory use shall only be allowed when a principal use exists.
      (2)   Accessory structures and uses shall be located on the same lot as the permitted use or structure, or on a contiguous lot in the same ownership.
      (3)   Accessory structures and uses shall not involve operations or structures not in keeping with the character of the primary use or principal structure served.
      (4)   Accessory structures and uses shall not be of a nature likely to attract visitors in larger numbers than would normally be expected, where applicable.
      (5)   An accessory use shall contribute to the comfort, convenience, or necessity of occupants of the primary use served.
      (6)   An accessory use shall be located within the same district as the principal use.
      (7)   Tractor trailers are prohibited as storage buildings or structures except as permitted on an active construction site.
   (B)   Accessory Structures. Accessory structures, not including accessory dwelling units (see (C)(1) of this section) or in-ground pools, shall be subject to the following requirements:
      (1)   Zoning Permit Required. It shall be unlawful to begin moving, constructing, altering, or repairing, except ordinary repairs, of an accessory structure, until the Planning Department has issued a zoning permit for such work (see § 155.709).
      (2)   Setbacks.
         (a)   No accessory structure shall be located closer than ten feet to any other building or manufactured home.
         (b)   No accessory structure shall extend in front of the front line of the principal structure, except in the B-1 zoning district where the Board of Adjustment may approve a Conditional Use Permit for an accessory use or structure to be placed in any yard other than the rear yard.
         (c)   No accessory structure may extend within five feet of any lot line in R-6 and R-8 Districts, and within ten feet in all other zoning districts. No accessory structure shall be located within 20 feet of any street right-of-way.
      (3)   Height. The height of an accessory structure shall not exceed the height of the principal structure or 25 feet, whichever is lesser, unless approved as a Conditional Use Permit by the Board of Adjustment, as provided in § 155.710.
      (4)   Number.
         (a)   Up to two accessory structures may be permitted on the same lot, subject to meeting the criteria elsewhere in this section.
         (b)   No more than one shed is permitted in the R-6 and R-8 zoning districts.
         (c)   Two or more accessory structures may not be joined together by adding a roofline, such as a breezeway or covered walkway, to give the appearance of a lesser number of structures.
      (5)   Size.
         (a)   An accessory structure may not exceed the gross floor area of the primary structure on the site. This restriction does not apply to in-ground pools.
      (6)   Architectural consistency.
         (a)   On non-residential or mixed use sites, the architecture of accessory structures shall be consistent with the primary structure.
   (C)   Accessory Uses in Residential Districts.
      (1)   Accessory Dwelling Units. One accessory dwelling shall be permitted as a conditional use by the Board of Adjustment (see § 155.710) subject to their approval and the following requirements:
         (a)   The living area of the accessory dwelling shall not exceed the living area of the principal structure. In no case shall the total floor area of the accessory dwelling unit exceed 600 square feet.
         (b)   The accessory dwelling shall not have a separate electrical meter.
         (c)   The owner of the property shall occupy either the primary structure or the accessory dwelling.
         (d)   The principal dwelling and accessory dwelling unit together shall not exceed the maximum building coverage and impervious surface requirements for the district.
         (e)   All principal structure setbacks and yard requirements shall be met.
         (f)   One additional parking space on the same premises shall be required for the accessory dwelling unit.
         (g)   A subdivision with accessory dwelling units shall not exceed the maximum district density requirements, counting all principal dwelling units and any accessory dwelling units.
         (h)   An accessory dwelling shall either be located within the principal structure; or meet the following standards:
            1.   The accessory dwelling shall be located on the same lot as the principal structure.
            2.   The accessory dwelling shall be separated by at least ten feet from the principal structure.
            3.   The accessory dwelling shall be located in the rear or side yard of the principal structure. The rear and side setback shall be equal to those of all accessory structures.
            4.   Total building coverage and impervious surface area shall not exceed that permitted in the district.
            5.   The height of a principal structure shall not be exceeded by any accessory dwelling.
            6.   The accessory dwelling unit shall be architecturally consistent with the principal structure.
      (2)   Home Occupations.
         (a)   Prohibited Home Occupations. The following uses are not permitted as home occupations:
            1.   Vehicle and/or body and fender repair.
            2.   Outdoor repair or outdoor storage.
            3.   Commercial nursery or truck farming.
            4.   Food handling, processing or packing, other than services that utilize standard home kitchen equipment.
            5.   Medical or dental lab.
            6.   Restaurant.
            7.   Sale or repair of firearms.
            8.   Bulk storage of flammable liquids.
            9.   Funeral homes and mortuaries.
            10.   Animal hospitals and kennels.
         (b)   Class A Home Occupations. The intent of a Class A Home Occupation is to permit very limited activities in a residential dwelling, provided such activities do not impact or detract from the residential character of the neighborhood. A Class A Home Occupation shall be deemed an accessory use and no further approval shall be required, provided the use meets the standards of this chapter.
            1.   The use of the dwelling unit for Class A Home Occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character of the structure.
            2.   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of a home occupation.
            3.   No business, storage or warehousing of material, supplies or equipment shall be permitted outside of the primary dwelling unit.
            4.   No equipment or process shall be used that creates excessive noise, vibration, glare, fumes, odors, or electrical interference.
            5.   No display of products shall be visible from the street.
            6.   A Class A Home Occupation shall be subject to all applicable licenses and business taxes.
            7.   No persons other than members of the family residing on the premises shall be engaged in the home occupation.
            8.   Storage space and the operation of the business inside the dwelling unit shall not exceed 25% of the first floor area of the residence.
            9.   Customers and employees coming to the residence to conduct business shall not be permitted.
            10.   No signage shall be permitted.
         (c)   Class B Home Occupations. A Class B Home Occupations is a business, profession, occupation or trade conducted for gain or support within a residential dwelling or its accessory buildings that requires employees, customers, clients or patrons to visit the home. A Class B Home Occupation shall be permitted as a conditional use provided that the Board of Adjustment shall determine in its judgment that:
            1.   It is carried on by a person residing on the premises and employs no more than two employees not living on the premises.
            2.   No more than 20% of the total actual floor area of the dwelling shall be in the conduct of the home occupation.
            3.   No more than two vehicles are used in the conduct of the home occupation, and such vehicles are parked off the street.
            4.   No merchandise or commodity is sold on the premises, except what is incidental to the home occupation.
            5.   No mechanical equipment is installed or used except such that is normally used for domestic or professional purposes.
            6.   No expansion shall be permitted outside the principal structure that houses the home occupation, except that which is necessary to house vehicles used in the conduct of home occupation.
            7.   It is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities.
            8.   The use will not create undue traffic congestion or create a traffic hazard.
            9.   Advertising signs shall be limited to one unlighted wall sign no larger than three square feet in area, attached to the structure housing the home occupation, or one yard sign of the same size not to exceed three feet in height.
      (3)   Day Care Facility.
         (a)   All accessory daycare facilities shall be subject to the requirements for Day Care Facilities, outlined in § 155.302(E).
         (b)   In-home day cares, consisting of no more than six children and operating within a residential dwelling unit by a person that is a resident of the dwelling, shall be permitted subject to the requirements of a Class "B" Home Occupation (see § 155.308(C)(2)(c)).
         (c)   An accessory day care facility to a church or place of worship shall be permitted as outlined in § 155.308(E). A Conditional Use Permit shall not be required for an accessory day care facility to a church or place of worship.
      (4)   Swimming Pools. When allowed, in-ground and above-ground swimming pools that have a water depth over 24 inches and or have a surface area of at least 100 square feet shall be subject to the following requirements (see Chapter 154, Swimming Pools, of the Town Code of Ordinances for additional standards).
         (a)   Private Pools. Private swimming pools (including any associated decking, pool house, pool chemical storage shed, or equipment associated with the pool) on single-family detached, zero lot lines, alley-loaded, and two-family lots shall not be located in the street yard and shall not be closer than five feet to any property line.
         (b)   Outdoor Community Pools, Private Club Pools, or Pools in Multi-Family Complexes.
            1.   Outdoor pools (including any associated decking, pool house, pool chemical storage shed, or equipment associated with the pool) shall be located at least 50 feet from any property line adjacent to a residential district or use, and at least 25 feet from any property line adjacent to any other district or use.
            2.   When the pool is adjacent to off-site residences, the playing of music detectable off-site on a public address system is prohibited. Informational announcements shall be permitted. This requirement is waived if a permit has been issued for a special event.
      (5)   Vehicle Repair. Up to two vehicles may be repaired simultaneously on a residential property if the vehicles are registered to an occupant of the residence.
      (6)   Vehicle Sales. Vehicle sales shall be prohibited within a residential district or on property devoted to residential use, except that the sale of a private vehicle registered to the occupant of the residence shall be allowed. No more than one such vehicle shall be displayed at a time.
   (D)   Accessory Uses in Nonresidential Districts.
      (1)   Drive-Thru (aka Drive-Through). Drive-thru facilities shall be subject to the following requirements:
         (a)   A drive-thru shall only be permitted in conjunction with a permitted nonresidential use.
         (b)   Drive-thru windows and lanes shall be screened in accordance with § 155.402(G).
      (2)   Food Truck.
         (a)   Permits Required.
            1.   Food truck vendors must provide documentation of approval from the Health Department of the County in which the food truck's associated restaurant or commissary is located.
            2.   The County Health Permit must be displayed during hours of operation.
         (b)   Public Safety.
            1.   Temporary connections to potable water are prohibited. All plumbing and electrical connections shall be in accordance with the State Building Code.
            2.   Grease and wastewater must be contained and disposed of in an approved grease receptacle located at the associated restaurant or commissary.
            3.   If the food truck is operating after dark, the food truck vendor shall provide appropriate lighting.
            4.   A food truck vendor shall not operate the food truck as a drive-in window.
            5.   The Planning Director may engage in zoning enforcement or prohibit/suspend a food truck vendor's operations if are causing parking, traffic congestion, or litter problems either on or off the property where the use is located or such use is otherwise creating a danger to the public health or safety.
         (c)   General Location Requirements.
            1.   Food trucks must be located on private property with written permission from property owner.
            2.   Food trucks shall be positioned at least 400 feet from the customer entrance of an existing restaurant during hours of operation, unless the vendor provides documentation that the restaurant owner supports a closer proximity.
            3.   Food trucks shall not block parking spaces, drive aisles, access to loading/service areas, or emergency access and fire lanes. Food truck vending must also be positioned at least 15 feet away from fire hydrants, any fire department connection, and driveway entrances.
            4.   No more than two food trucks are permitted as an accessory use, unless at an approved special event, market, festival, or an active construction site.
         (d)   Hours of Operation. Food trucks must cease operations between the hours of 12:00  a.m. and 7:00 a.m., and are not permitted to remain on site overnight.
         (e)   Signage. No signage shall be allowed other than signs permanently attached to the motor vehicle. An easel sign no more than 12 square feet per sign face in display area may be placed within the customer waiting area.
      (3)   Day Care Facility.
         (a)   An accessory day care facility shall only be permitted as an accessory to the following uses:
            1.   Hospital or medical center (§ 155.302(G))
            2.   School (elementary or secondary) (§ 155.302(H))
            3.   School (technical, trade, or business) (§ 155.302(I))
            4.   Entertainment, indoor (§ 155.303(A))
            5.   Entertainment, outdoor (§ 155.303(B))
            6.   Fitness/recreation center (§ 155.303(C))
            7.   Creative studio, (§ 155.305(G))
            8.   Office, general, (§ 155.305(P))
            9.   Office, medical, (§ 155.305(Q))
            10.   Research and development, (§ 155.306(G))
            11.   Church or place of worship, (§ 155.302(C))
         (b)   All accessory daycare facilities shall be subject to the requirements for day care facilities, outlined in § 155.302(E).
         (c)   An accessory day care facility to a church or place of worship shall be permitted as outlined in § 155.308(E). A Conditional Use Permit shall not be required for an accessory day care facility to a church or place of worship.
      (4)   Park.
         (a)   An accessory park shall be permitted in the forms of community gardens, playgrounds, or other small-scale recreational amenities that are secondary in nature to the primary use of the property.
         (b)   Accessory park uses shall be subject to minor site plan review in accordance with § 155.707, illustrating the proposed boundaries of the park, amenities, and any other applicable elements.
         (c)   Additional parking to accommodate the accessory park shall be required in accordance with § 155.401.
      (5)   Outdoor Display and Sales.
         (a)   Outdoor display and sales shall be generally defined as the display and sales of goods, wares or merchandise outside of a permanent structure on property owned or leased by the person, firm or corporation. Outdoor display and sales must be secondary and incidental to the principal use or structure on the property, unless authorized pursuant to § 155.309, Temporary Use.
         (b)   Outdoor display and sale areas greater than 50 square feet shall only be permitted following Planning Director review of a minor site plan in accordance with § 155.707, illustrating the extent of the permitted area for outdoor display and sales subject to the standards below. Outdoor display and sale areas 50 square feet or less do not require site plan approval, but are subject to the standards below.
         (c)   The location of outdoor merchandise must be on the same property as the principal use, and not within the right-of-way, except that in the B-1 zoning district it may be displayed in the right-of-way, provided that clearance requirements are maintained for pedestrian passage.
         (d)   Merchandise shall be displayed to allow pedestrians use of the adjacent sidewalk or parking areas, and shall meet ADA accessibility requirements.
            1.   Any merchant desiring to display and sell merchandise along a public sidewalk or right-of-way must also receive approval from the Town Manager or his designee, and agree to following stipulations:
               A.   Merchandise must be removed from the sidewalk within 24 hours of notice from the Town. If such items are not removed following notice, the Town has the right to remove and dispose of these items and may assess the property owner for the cost of removal and disposal. The Town has the right to remove such items immediately in emergency situation. The Town is not responsible for damage to the merchandise under any circumstances.
               B.   The owner of the business displaying or selling merchandise within a public sidewalk is responsible for repairing any incidental damage to public sidewalk resulting from the display of merchandise.
               C.   Merchandise must be removed from the sidewalk when the business is closed.
      (6)   Outdoor Dining.
         (a)   Outdoor dining shall be defined as the placement of tables and chairs for dining outside of a permanent structure.
         (b)   General Requirements.
            1.   Outdoor dining shall be permitted with a zoning compliance permit for eight or fewer seats. More than eight seats is subject to a minor site plan, or as a component of a major site plan in accordance with § 155.707, illustrating the extent of the outdoor dining area, the maximum seating capacity, and subject to the standards below. The impact of outdoor dining areas on adjacent churches, hospitals, public schools, and residential uses shall be mitigated to minimize potential impacts related to glare, light, loitering, and noise.
            2.   Patron tables and other outdoor dining area components shall be clearly defined and located on the same site as the other facilities of the restaurant or on the adjacent public right-of-way. Separation between the seating and vehicular or pedestrian traffic by a physical barrier may be required, with the design to be approved by the Planning Director.
            3.   Separation may be achieved through the use of materials which include, but are not limited to landscape planters, walls, railings or a combination thereof. Only barriers composed of landscape planters or masonry walls may be solid.
         (c)   The additional parking necessary to accommodate seating created in the outdoor dining area shall comply with the parking requirements set forth in § 155.401 of this chapter.
         (d)   Outdoor dining areas and associated structural elements, such as awnings, covers, umbrellas, or other physical elements shall be compatible with the overall design of the main structure and must maintain a height clearance of eight feet and meet ADA accessibility requirements. Dining equipment (including, but not limited to tables, chairs, space heaters, barriers) may remain in place.
         (e)   The Town may revoke the outdoor dining area if it is determined that its operation is causing litter problems either on or off the property where the dining is located or that such use is otherwise creating a danger to the public health or safety.
         (f)   In addition to the requirements set forth above, if any portion of the outdoor dining area is to be located within a public right-of-way (sidewalks only), the dining area must also receive approval from the Town Manager or his designee, and agree to following stipulations. Outdoor dining within right-of-way owned and operated by the State of North Carolina, must also meet the requirements of G.S. § 136-27.4 listed below.
            1.   Tables, chairs, and other furnishings shall be placed a minimum of six feet from any travel lane.
            2.   Tables, chairs, and other furnishings shall be placed in such a manner that at least five feet of unobstructed paved space of the sidewalk, measured from any permanent or semi-permanent object, remains clear for the passage of pedestrians and provides adequate passing space that complies with the Americans with Disabilities Act.
            3.   Tables, chairs, and other furnishings shall not obstruct any driveway, alleyway, building entrance or exit, emergency entrance or exit, fire hydrant or standpipe, utility access, ventilations areas, or ramps necessary to meet accessibility requirements under the Americans with Disabilities Act.
            4.   The maximum posted speed permitted on the roadway adjacent to the right-of-way to be used for sidewalk dining activities shall not be greater than 45 miles per hour.
            5.   The restaurant operator shall provide evidence of adequate liability insurance specified by the Town under G.S. § 160A-485 as the limit of the Town's waiver of immunity or the amount of Tort Claim liability specified in G.S. § 143-299.2, whichever is greater. The insurance shall protect and name NCDOT and the Town as additional insured on any policies covering the business and the sidewalk activities.
            6.   The restaurant operator shall provide an agreement to indemnify and hold harmless NCDOT and the Town from any claim resulting from the operation of sidewalk dining activities.
            7.   The restaurant operator shall provide a copy of all permits and licenses issued by the state, county or Town, including health and ABC permits, if any, necessary for the operation of the restaurant or business, or a copy of the application for the permit if no permit has been issued. This requirement includes any permits or certificates issued by the Town for exterior alterations or improvements to the restaurant.
            8.   The restaurant operator shall cease part or all sidewalk dining activities in order to allow construction, maintenance, or repair of any street, sidewalk, utility, or public building, by NCDOT, the Town, its agents or employees, or by any other governmental entity or public utility.
            9.   Any other requirements deemed necessary by the NCDOT, either for a particular Town or a particular component of the state highway system.
         (g)   The Town reserves the right to terminate the use of outdoor dining within the public right-of-way at any time. Upon notice, all furnishings must be removed from the sidewalk within 24 hours of notice from the Town. If furnishings are not removed within the time specified, the Town has the right to remove and dispose of these items and may assess the property owner for the cost of removal and disposal. The Town has the right to remove such items immediately in emergency situations. The Town is not responsible for damage to the furnishings under any circumstances.
         (h)   The owner of the business utilizing a dining area within a public sidewalk is responsible for repairing any incidental damage to public sidewalk resulting from outdoor dining furnishings.
      (7)   Limited Outdoor Storage.
         (a)   Limited outdoor storage shall be defined as the overnight outdoor storage of vehicles (not associated with outdoor sales and display including vehicle sales, vehicle repair or car rental), merchandise or material in boxes, crates, on pallets or other kinds of containers, shopping carts, or other similar merchandise, material or equipment.
         (b)   Limited outdoor storage shall only be permitted as an accessory use following Planning Board review of a major site plan in accordance with § 155.707, illustrating the extent of the permitted area for limited outdoor storage provided it meets the standards below.
            1.   Limited outdoor storage shall not be more than 12 feet in height and shall be fully screened from view from the public right-of-way, public parking areas, or adjacent residential development by a 100% opaque visual barrier or screen.
            2.   All limited outdoor storage shall be located at least 15 feet from the public right-of-way and any abutting residential use or residentially-zoned district.
            3.   Limited outdoor storage shall not be permitted in a street yard or otherwise forward of the front building line.
      (8)   General Outdoor Storage.
         (a)   General outdoor storage shall be defined as salvage yards, vehicle junk yards, overnight outdoor storage of shipping containers, lumber, pipe, steel, junk and other similar merchandise, material or equipment.
         (b)    General outdoor storage shall only be permitted as an accessory use following Planning Board review of a major site plan in accordance with § 155.707, illustrating the extent of the permitted area for general outdoor storage provided it meets the standards below.
            1.   General outdoor storage shall be screened by 100% opaque, eight foot high visual barrier or screen. When located abutting or across the street from a residential use or residentially-zoned property, such screening shall be high enough to completely conceal all outdoor storage from view.
            2.   All general outdoor storage shall be located at least 15 feet from the public right-of-way and any abutting residential use or residential district.
            3.   No general outdoor storage shall be permitted in a street yard or otherwise forward of the front building line.
            4.   General outdoor storage may be located in the side or rear yard.
      (9)   Swimming Pools.
         (a)   Outdoor pools shall meet the standards of Chapter 154, Swimming Pools, of the Town Code of Ordinances.
         (b)   Outdoor pools including decking shall be located at least 50 feet from any property line adjacent to a residential district or use, and at least 25 feet from any property line adjacent to any other district or use.
         (c)   When the pool is adjacent to residences, the playing of music detectable off-site on a public address system is prohibited. Informational announcements shall be permitted. This requirement may be waived if a permit has been issued for a special event.
   (E)   Accessory Uses for Places of Worship. Accessory uses are permitted for a place of worship in accordance with the following standards.
      (1)   The following facilities may be considered accessory to a place of worship. Additional buffering may be required through the review and approval of a site plan to address the intensity of the proposed place of worship and the proposed accessory uses.
         (a)   Offices for the place of worship;
         (b)   Rooms for religious instruction or counseling;
         (c)   Meeting rooms for intermittent community meetings or instruction;
         (d)   Fellowship hall;
         (e)   Kitchen facilities;
         (f)   Senior center, neighborhood arts center or other community center;
         (g)   Temporary child care during religious services or events;
         (h)   Outdoor play area;
         (i)   Columbarium;
         (j)   “Meals on Wheels” or other similar programs using the kitchen in the place of worship but delivering food elsewhere; and
         (k)   Residence for clergy employed by the place of worship.
      (2)   The following accessory uses are subject to approval of a major site plan by the Planning Board (see § 155.707).
         (a)   Gymnasium or similar indoor recreational facility;
         (b)   Cemetery;
         (c)   Overnight accommodation for visiting clergy and non-paying guests of clergy employed by the place of worship;
         (d)   Child care center;
         (e)   School;
         (f)   Soup kitchen or other social service facility; and
         (g)   Athletic field or similar facility.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2007-04-05, passed 4-2-07; Am. Ord. 2012-04-03, passed 4-2-12; Am. Ord. 2012-12-03, passed 12-3-12; Am. Ord. 2013-10-01, passed 10-7-13; Am. Ord. 2017-04-06, passed 4-3-17; Am. Ord. 2019-07-04, passed 7-15-19)