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Dallas Overview
Dallas, NC Code of Ordinances
TOWN OF DALLAS, NORTH CAROLINA CODE OF ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: HOUSING CODES
CHAPTER 151: FLOOD DAMAGE PREVENTION
CHAPTER 152: SUBDIVISION REGULATIONS
CHAPTER 153: ZONING CODE
GENERAL PROVISIONS
ZONES ESTABLISHED; REGULATIONS
SCREENING
CONDITIONAL DISTRICTS AND SPECIAL USE PERMITS
SIGN REGULATIONS
COMMUNICATION TOWERS
PLANNING AGENCY
BOARD OF ADJUSTMENT
ENFORCEMENT AND MISCELLANEOUS PROVISIONS
APPENDIX A: YARD AND HEIGHT REQUIREMENTS FOR RESIDENTIAL DISTRICTS
APPENDIX B: YARD AND HEIGHT REQUIREMENTS FOR BUSINESS DISTRICTS
APPENDIX C: PERMITTED USES CHART
APPENDIX D: SIGN REGULATIONS SCHEDULE
CHAPTER 154: ILLICIT DISCHARGES AND CONNECTIONS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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ZONES ESTABLISHED; REGULATIONS
§ 153.020 TOWN DIVIDED INTO ENUMERATED ZONES.
   In order to regulate and limit the height and size of buildings; to regulate and limit the intensity of the use of lot area; to regulate and determine the areas of open spaces surrounding buildings and to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses, the-town is hereby divided into the following zones:
   (A)   R-15 Single-Family Residential.
   (B)   R-12 Single-Family Residential.
   (C)   R-10 Single-Family Residential.
   (D)   R-8 Multi-Family Residential.
   (E)   R-6 Multi-Family Residential.
   (F)   O and I-1 Office and Institutional.
   (G)   BC-1 Shopping Center.
   (H)   B-1 Neighborhood Business.
   (I)   B-2 Highway Business.
   (J)   B-3 Central Business.
   (K)   B-3P Central Business District Perimeter.
   (L)   I-2 General Industrial.
   (M)   RMF Multi-Family District.
   (N)   RMF-H High Density Multi-Family District.
(Ord. passed 11-3-1970; Am. Ord. 7-3-1972; Am. Ord. passed 9-10-2019)
Cross reference:
   Yard and height requirements for business districts, see Appendix B
   Yard and height requirements for residential districts, see Appendix A
§ 153.021 ZONING MAP; ZONE BOUNDARIES ADOPTED; RULES WHERE UNCERTAINTY EXISTS.
   (A)   The boundaries of the zones are shown upon the map accompanying this chapter and made a part hereof by reference, entitled "Zoning Map, the Town of Dallas, North Carolina", dated November 3, 1970. The zoning map, including all notations, references, amendments thereto, and other information shown thereon, is hereby made a part of this chapter the same as if such information set forth on the map were all fully described and set out herein. The zoning map, properly attested, is on file in the office of the Building Inspector and is available for inspection by the public.
   (B)   In the creation by this chapter of the respective zones, the Board of Aldermen has given due and careful consideration to the peculiar suitability of each and every such zone for the particular regulations applied thereto and the necessary, proper and comprehensive groupings and arrangements of the various uses and densities of population in accordance with a well considered plan for the development of the town.
   (C)   The provisions of this chapter governing the use of land and buildings, the height of buildings, building site areas, the sizes of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every zone shown upon said map.
   (D)   Where uncertainty exists as to boundaries of any zone shown on said map, the following rules SHALL apply:
      (1)   Where such zone boundaries are indicated as approximately following street lines, alley lines and lot lines, such lines shall be construed to be such zone boundaries.
      (2)   In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shall be determined by use of the scale appearing an the map.
      (3)   In case any further uncertainty exists the Board of Adjustment shall interpret the intent of the map as to location of such boundaries.
      (4)   Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.
(Ord. passed 11-3-1970; Am. Ord. passed1-11- 1972; Am. Ord. passed 4-11-1972; Am. Ord. passed 7-3-1972; Am. Ord. passed 12-5-1972)
§ 153.022 R-15, R-12, R-10 AND R-6 ZONES: SINGLE-FAMILY RESIDENTIAL.
   Within the R-15, R-l 2, R-10 and R-6 zones as shown on the zoning map of the town, incorporated by reference in § 153.021, the following regulations shall apply.
   (A)   Permitted uses. Refer to the Permitted Uses Chart (Appendix C).
   (B)   Lot area and width, yards and building height requirements. The requirements set forth in the Appendix A: Yard and Height Requirements for Residential Districts and Appendix B: Yard and Height Requirements for Business Districts shall govern.
   (C)   Off-street parking. Off-street parking shall be provided by all uses as required by § 153.042.
   (D)   Signs. The requirements set forth in the sign regulations, §§ 153.080 through 153.087, shall apply.
   (E)   Site plan. As an initial step in applying for the issuance of a building permit for the construction, alteration, or expansion of any structure housing a municipal, county, state, federal or other governmental use, a site plan shall be submitted which shall include the following grading, engineering design, construction size, height, shape and location of the building, location and design of parking areas, pedestrian and vehicular circulation on site, and plans for collecting and depositing storm water and natural or artificial watercourses. The site plan must be approved by the Town Clerk and by the Building Inspector before the building permit is issued; however, if the site plan is disapproved the applicant may appeal such decision to the town Planning Board and then to the Board of Aldermen. The structure housing such municipal, county, state or Federal use must be constructed, altered or expanded in accordance with the site plan before a certificate of occupancy is issued by the Building Inspector.
(Ord. passed 11-3-1970; Am. Ord. 1-11-1972; Am. Ord. 7-3-1972; Am. Ord. passed 11-10-1998; Am. Ord. passed 9-10-2019; Am. Ord. passed 3-14-2023)
§ 153.023 RMF: MULTI-FAMILY DISTRICT.
   Within the RMF zone as shown on the zoning map of the town, incorporated by reference in § 153.021, the following regulation shall apply.
   (A)   Permitted uses. Multi-family dwellings and customary accessory structures and uses.
   (B)   Off-street parking. Off-street parking shall be provided for all uses as required by § 153.042.
   (C)   Off-street loading and unloading. Off-street loading and unloading space shall be provided by all uses as required § 153.044.
   (D)   Signs. For the purpose of advertising any use permitted in this zone, the regulations of §§ 153.080 through 153.087 shall apply.
   (E)   Advisory opinion. Prior to submitting an application for rezoning, the applicant may submit a simple sketch plan of the proposed development to the town Planning Board in order to obtain an advisory opinion from such Board as to the feasibility of the proposed rezoning prior to the preparation and submission by the required preliminary plan and preliminary construction plan.
   (F)   Preliminary site plan. An application for rezoning to a RMF Multi-family District shall be accompanied by a preliminary site plan prepared on a 28" x 42" sheet of reproducible material using the largest scale possible and shall contain:
      (1)   Land area to be included in the rezoning request;
      (2)   Proposed locations of each existing and each proposed structure and their general exterior dimensions;
      (3)   Proposed uses of all land within the area requested for rezoning;
      (4)   Dimensions between all structures and from structures to property lines;
      (5)   Traffic parking and circulation plan showing proposed locations and arrangements of parking spaces and ingress and egress to and from adjacent streets;
      (6)   Proposed location and material of any screening walls, fences or plantings;
      (7)   Proposed exterior design of buildings;
      (8)   Schedule for number and size of apartments within the projects;
      (9)   Proposed time schedule and staging, if any, for construction of the project;
      (10)   A title giving the address of the development, names and addresses of the developers, the date, scale of the plan, and the person or firm preparing the plan;
      (11)   Provision for adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking, loading space, facilities for waste disposal and illumination;
      (12)   Means for providing adequate and safe location of play areas for children and other recreational areas according to the concentration of occupancy;
      (13)   Location and type of fences, walls or year-round screen planting, when deemed necessary by the town Planning Board to shield adjacent residential zones from parking lot illumination, headlights and noise and to reduce the visual encroachment of multi-family architecture and the activity on privacy and single-family residential neighborhood character;
      (14)   Such other information as may be considered essential by the town Planning Board for the protection of public health, safety, welfare, and conveniences.
   (G)   Preliminary construction plan. A preliminary construction plan shall be prepared and shall include a perspective drawing of the multi-family dwelling units presenting the general appearances of the buildings and grounds from the major access street, which need not be prepared by an engineer, architect or commercial artist.
   (H)   Recommendations by the town Planning Board. Any recommendations and suggestions concerning the preliminary plans for the proposed multi-family residential complex made by the town Planning Board shall be based upon a finding that the plans for the development are such that traffic hazards and congestion will not be created within the development and upon the public streets at the points of ingress and egress to such development, and that the plans maintain the purposes of this section and the functions of a multi-family residential complex. The purpose of a preliminary site plan and preliminary construction plan is to enable the town Planning Board to review them so as to recommend and approve the same prior to presentation of its written recommendation and report to the Board of Aldermen.
   (I)   Board of Aldermen approval. The Board of Aldermen may refuse to approve a site plan or construction plan on the grounds that either it fails to provide unity of development with other property in the area, or that it fails to adequately protect residentially zoned properties in the same area from the adverse effects of such operation, or that the proposal fails to provide safe conditions for pedestrians and motorists, or that the plans fail to conform with the requirements of this section.
   (J)   Final plans.
      (1)   A final construction plan shall be prepared and shall include the following:
         (a)   A detailed perspective drawing of the multi-family residential complex showing the appearance of the buildings and grounds from the major access street.
         (b)   Detailed final construction plans for the purposes of building inspection to include elevations of all buildings from all sides at a scale not less than 1/8 inch to 1 foot.
      (2)   The final site plan shall be prepared on a 28" x 42" sheet of reproducible permanent base material using the largest scale possible and shall include all data required for a preliminary site plan as well an any other information required by the town Planning Board.
      (3)   The final site plan and final construction plan for the proposed development for changes within the development shall be submitted by the developer to the Chairman of the Planning Board and to the Building Inspector for their recommendations and report thereon.
      (4)   An affirmative recommendation of the final plans for the proposed multi-family residential complex by the Chairman of the Planning Board and by the Building Inspector shall be upon the finding that the final plans for the development are substantially in agreement with the preliminary site plans and preliminary construction plans as approved by the Board of Aldermen and that traffic hazards and congestion will not be crated within the development and upon the public streets at the point of ingress and egress to the development and that the plans maintain the purposes of this article and the functions of the multi-family residential complex.
      (5)   After approval of the final plans by the Chairman of the Planning Board and by the Building Inspector and after a copy of the approved plans is filed with said Building Inspector, the latter if other pertinent town ordinances have been complied with, shall issue a building permit for the construction, alteration or expansion of any building within an RMF Multi-Family Residential District upon application by the developer.
      (6)   Certificate of occupancy.
         (a)   No building shall be occupied within an RMF Multi-Family District until the certificate of occupancy shall have been issued by the Building Inspector and no certificate of occupancy shall be issued unless the approved final plans have been substantially followed as to each completed building and the use of same complies with this chapter.
         (b)   Provided, however, that the Building Inspector may issue a certificate of occupancy for the completed structures or buildings even though some other structures in the approved plans at the time are under constructions.
         (c)   Provided further that a certificate of occupancy shall not be issued for any completed structure until all drives, walks, parking spaces, screens, and truck loading and unloading facilities serving the same shall have been provided and substantially improved as shown on the approved final plans.
   (K)   Development requirement. In order to develop realty within the RMF Multi-Family District, the following will be required.
      (1)   A portion of the land must front on a major thoroughfare of major collector street as defined by the town Planning Board.
      (2)   The minimum land requirement shall be 15,000 square feet for the first dwelling unit and 3,500 square feet for each additional dwelling unit therein.
      (3)   The minimum setback from street, and minimum side and rear yard shall be 45 feet.
      (4)   The minimum unobstructed open space shall be 70% of total lot area, a portion of which shall be developed for parks, playgrounds, and other recreational purpose.
      (5)   Gross ground floor area of principal structures shall not exceed 18% of total land area.
      (6)   The height of any portion of any structure shall not be grater than one-half of the horizontal distance from such structure to the nearest lot line or to any other structure within the complex.
      (7)   Every building shall be separated on every side from any other building within the complex by a distance of at least 25 feet.
      (8)   No parking of motor vehicles shall be permitted within the required setbacks. The space within the required setback shall not be used as maneuvering space for the parking or un-parking of
vehicles, except that driveways providing ingress and egress to the parking area may be installed across the setback area.
   (L)   Effective approved site plan. All approved site plans for RMF Multi-Family Districts shall be binding upon the applicants therefor, their successors and assigns, shall limit and control the issuance and validity of all building permits and certificate of occupancy and shall restrict and limit the construction location use and operation of all land and structures included within such plans, provided however, that upon a showing of necessity therefore, minor changes in the location and size of structures may be permitted if such minor changes will not cause any of the following circumstances to occur.
   (M)   Amendment or revision of site plan. Pursuant to the same procedure and subject to the same limitations and requirements set forth in this section, a site plan may be amended or revised, either partially or completely.
   (N)   Copies. Upon approval of the plan for a multi-family residential complex by the Board of Aldermen, one copy of the plan shall be filed with the Town Clerk, one copy with the Building Inspector, and one copy with the town Planning Board.
(Ord. passed 11-3-1970; Am. Ord. passed 1-11- 1972; Am. Ord. passed 7-3-1972)
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