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§ 153.014 STORM WATER DETENTION.
   Storm water detention provisions shall be as follows.
   (A)   Except as herein provided, all new or expanded developments shall provide for storm water detention to ensure that such expansion or construction minimizes storm water runoff onto adjacent properties through the steps outlined in division (C) below.
   (B)   New or expanded residential single-family residential development shall not be subject to the requirements of division (C) below. Nonetheless, the owner of any such single-family residential property shall be responsible for minimizing storm water runoff onto any adjacent properties as a result of such expansion or construction.
   (C)   (1)   The locations of natural drainage systems, design of flood control and/or storm water management installations and devices shall be shown on a site plan that bears the seal of a certified engineer. The structures, devices, and methods used shall be planned, designed, constructed, and maintained so as to:
         (a)   Provide for the natural infiltration of storm water;
         (b)   Control the velocity of runoff flows;
         (c)   Extend the time of concentration of storm water runoff;
         (d)   Collect and transmit excess storm water flows into either the town drainage system or into a natural drainage system.
      (2)   No zoning permit will be issued for a new or expanded structure, other than single-family residential, unless the property owner first submits such site plan.
   (D)   The requirements of division (C) above may be waived by the town on a case-by-case basis where it is determined that the proposed expansion or construction is of such a nature that it will have no impacts on storm water runoff.
   (E)   The following criteria shall also be considered:
      (1)   A ten-year frequency storm shall be used in determining the amount of storm water run off generated.
      (2)   The impoundment of storm water runoff may be incorporated in the design of open spaces, parking lots, loading areas, playgrounds, and building structures provided the health, safety, and welfare of the public is not harmed in any way.
      (3)   To the extent practicable, all development shall conform to the natural contours of the land and natural and pre-existing man-made drainage ways shall remain undisturbed.
      (4)   No surface water may be channeled or directed into the sanitary sewer.
         (a)   All development shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such development.
         (b)   More specifically:
            1.   No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing considerable damage to such higher adjacent properties;
            2.   Concrete curb or curb and gutter is required to adequately direct and control storm water in all parking lots.
(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972; Am. Ord. passed 10-9-2001)
§ 153.015 ADAPTIVE REUSE OF HISTORIC BUILDINGS.
   Adaptive reuse of historic buildings is established as a method of enhancing the growth and development of the town, of supporting the preservation of the town's older neighborhoods and business districts, and furthering preservation of "Historic Dallas". Buildings must meet the following criteria to be eligible for adaptive reuse(s):
   (A)   The building must be at least 50 years old and considered a contributing resource in the town's National Register Historic District; or be listed on the National Register of Historic Places; or be determined to be eligible for listing on the National Register of Historic Places by inclusion on the State Historic Preservation Office's Study List.
   (B)   The rehabilitation of the building must comply with the Secretary of the Interior's Guidelines for Rehabilitating Historic Buildings.
   (C)   Adaptive reuse of historic buildings shall not be subject to the town's off-street parking requirements in § 153.042 and may be waived or modified by the Board of Aldermen in approving the special use permit for the adaptive reuse. Notwithstanding, any plans for off-street parking shall be submitted as part of the special use permit for the proposed adaptive reuse.
   (D)   Lot area, width, and yard requirements of Appendix A: Yard and Height Requirements for Residential Districts and Appendix B: Yard and Height Requirements for Business Districts may be waived or modified by the Board of Alderman as part of the approved special use permit for the proposed adaptive reuse.
   (E)   Uses allowed in an adaptive reuse building are limited to one or a combination of those uses allowed in the zoning district in which the adaptive reuse building is located.
   (F)   Maximum residential densities in the underlying zoning district in which the proposed adaptive reuse building is located may be waived or modified by the Board of Alderman as part of the approval of the special use permit. Notwithstanding, each residential unit must comply with minimum square footage requirements of North Carolina Housing Finance Agency Design Guidelines
(Ord. passed 11-13-2001; Am. Ord. passed - - )
§ 153.016 FENCES IN RESIDENTIAL DISTRICTS.
   In any Residential (R) District any fence installed from and after the effective date of this section shall meet the following standards.
   (A)   No fence shall be erected without first obtaining a zoning permit issued by the town's Development Services Director (see § 150.22).
   (B)   Fences and their customary appurtenances shall be constructed of materials designed, intended and customarily used for fencing. All fencing and appurtenances must be constructed in a durable fashion of brick, stone, other masonry materials or wood posts and planks, chain link, vinyl or metal materials specifically designed as fencing materials, or any combination thereof. The material used in the construction of the fence must be designed for construction of permanent fencing. Materials typically used for temporary fencing may not be used for permanent fences. All fences or similar structures must be firmly anchored to the ground, maintained in good structural condition and free of deterioration. The finished side of all fences and walls shall face the exterior of the property. Wire mesh, welded wire and solid plank fences are permitted in the rear yard only.
   (C)   (1)   Fences in the front yard shall be a maximum of four feet above grade, six feet in the side yard and eight feet in the rear yard. Fences installed between the front building line of the principal residential structure (a line that runs along the front wall and extends therefrom in a straight line to either side property line) and the fronting street shall not exceed four feet in height. Fence material in the front yard is limited to fencing that allows clear and unobstructed visibility from adjoining properties and right-of-way (see examples below).
 
 
      (2)   Fence heights shall be measured from natural grade. The height of vertical support structures (posts, columns, pillars, etc.) for fences within front yard setbacks may be up to six feet high, as long as such supporting structures are no larger than two feet in width or diameter. Vertical columns shall be placed at least six feet apart.
   (D)   Notwithstanding the division (B) above, when the Zoning Administrator finds that there exists an unusual or extraordinary circumstance where an overwhelming public interest is served by allowing a fence of additional height to protect a residential use from negative impacts of adjoining non-residential uses, he/she may permit a fence up to six feet high in the front, side and rear yards along the property lines separating the residential and non-residential uses.
   (E)   Maintenance required. All fences and walls shall be kept in good repair, with construction, maintenance, replacement and reconstruction occurring as needed. A fence will be considered dilapidated when, by reason of inadequate maintenance, obsolescence or abandonment, it is deteriorated or decayed, or has bent or broken supports and panels and no longer adequately serves the purpose for which it was originally intended. If vegetative screening is included with the fence/wall, vegetation and shrubs must be trimmed and maintained.
   (F)   No fence shall be installed within two feet of any fire hydrant. No fence shall be constructed within a general drainage or utility easement, so as to block or materially impede the flow of storm-water runoff, nor in any right-of-way.
   (G)   On corner lots, § 153.012 regarding “obstructions to vision at street intersection” shall apply.
(Ord. passed 5-12-2015; Am. Ord. passed 7-12-2016; Am. Ord. passed 9-27-2016)
§ 153.017 SWIMMING POOLS.
   (A)   (1)   No person shall construct, install, extend, alter or modify a residential swimming pool unless they have received an approved zoning permit from the town and a residential pool permit from County Building Inspections.
      (2)   All zoning permit applications shall include an accurately dimensioned site plan, showing the proposed pool location, buildings located on the property, location or proposed location of the septic tank system, including the drain field and any required repair area, any well located within 100 feet of the proposed site, and the location of fences, gates, and materials comprising the pool barrier.
   (B)   Site layout.
      (1)   All pools shall be provided with a BARRIER (a fence, wall, building wall, or combination thereof that completely surrounds the water structure and obstructs access to the water structure) and shall comply with § 92.06 , Swimming Pool Safety Regulations, as well as the most current North Carolina Building Code, Appendix G.
      (2)   The residential swimming pool shall be located the maximum feasible distance from any well or septic tank system in the area; shall be located a minimum horizontal distance of 50 feet from any private water supply source; and shall be located 15 feet from any septic tank system or area designated for repair as specified in 15A North Carolina Administrative Code 18A.1900, “Laws and Rules for Sanitary Sewage Collection, Treatment, and Disposal.”
      (3)   Pools shall be located in the rear yard only, and must adhere to the setback requirements for accessory structures outlined in § 153.009, Accessory Structures.
   (C)   Pools constructed or altered after the effective date of this section (March 12, 2018) shall comply fully with this section. Existing residential pools that hold a valid building permit from the county are not required to perform structural alterations or repairs related to this section, provided such facilities do not create a public health or safety hazard and are not in violation of § 92.06.
(Ord. passed 3-12-2018)
§ 153.018 MANUFACTURED/MOBILE HOMES.
   Any mobile/manufactured home installed from and after the effective date of this section shall meet the following standards.
   (A)   Mobile home parks/subdivisions shall be located within a R-6 zone, and all new proposed locations shall be treated as a planned subdivision per G.S. § 160D-802 and comply with the town's subdivision development standards.
      (1)   A zoning permit and building permit shall be required for every structure located within a mobile home park, including replacement mobile homes.
      (2)   Accessory structures shall be limited to one per home, and must comply with the accessory structure requirements outlined in § 153.009.
   (B)   New mobile/ manufactured homes shall not be located on any parcel within town limits, unless the parcel has been approved as a mobile home park or subdivision.
      (1)   If an existing mobile home, regardless of location or zone, becomes damaged by fire, flood, explosion, earthquake, wind, storm, hurricane or any other act of God, war or riot, becomes damaged by any third-party by no fault of the owner, or becomes damaged by the owner by accidental means, it may be replaced at the same location with a home of the same size within a 12-month period.
      (2)   Any parcel containing a mobile home that has been removed for a period of greater than 12 months must comply with all current zoning regulations.
      (3)   All new or replacement mobile homes placed within the town shall include a continuous masonry foundation or curtain wall underpinning consisting of brick, cinderblock, concrete block, stucco, stone, or other masonry materials, unpierced, except for required ventilation and access, shall be placed underneath the home, unless the mobile home is being replaced due to an act of God as defined in division (B)(1).
(Ord. passed 10-9-2018; Am. Ord. passed 2-9-2021; Am. Ord. passed - - )
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