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SEC. 9-4-100 RESIDENTIAL ACCESSORY STRUCTURE AND BUILDING STANDARDS; EXCEPT AS OTHERWISE REGULATED UNDER ARTICLES H, I, J, K AND M.
   (A)   Residential; detached accessory.
      (1)   Location.
         (a)   May be located in the rear yard and shall not be located in any front or side yard, except as provided under subsection (A)(1)(b) below.
         (b)   Garages and carports may be located in a side yard.
      (2)   Setbacks.
         (a)   Side yard.
            1.   Not less than the principal building setback for the district and use.
            2.   Public street setbacks for the district shall apply for all corner or double frontage lots.
         (b)   Rear yard.
            1.   Not less than the principal building setback for the district and use, except as further provided.
            2.   a.   Structures or buildings not exceeding 15 feet in height shall be set back not less than five feet and per Article G. Public street setbacks for the district shall apply for all corner or double frontage lots except as provided under subsection (A)(2)(b)2.b. below.
               b.   The rear yard setback of single-family and two-family attached (duplex) double frontage lots shall be not less than 15 feet provided that: the reverse rear frontage public street is a minor or major thoroughfare street as shown on the adopted Highway Map of the Comprehensive Transportation Plan; no driveway access is existing or permitted by regulation, at the time of building permit application, for the subject lot at any point on the reverse rear frontage; and the front orientation of adjacent dwellings, located on all sides of the subject lot, which share common side and/or rear yard boundaries with the subject lot, shall be to a street frontage other than the reverse rear frontage street of the subject lot.
            3.   For purposes of this section, the term “reverse rear frontage” shall be construed as the street frontage opposite to the front orientation of the subject dwelling.
         (c)   Building separation.
            1.   No detached accessory structure shall be located less than five feet from any other structure located on the same lot.
            2.   Detached accessory structures not qualified under subsection (A)(2)(c)1. above shall not be located less than ten feet from any principal structure.
            3.   No detached accessory structure shall be located less than five feet from any other detached accessory structure located on the same lot.
      (3)   Height.
         (a)   Except as otherwise provided under subsection (A)(3)(b) below, the height of any accessory structure or building shall not exceed the height of the existing principal building or district maximum height, whichever is less.
         (b)   In cases where the provisions of this subsection will not allow an accessory structure or building of at least 15 feet in height, then the requirements of this subsection shall be waived to allow an accessory structure or building of 15 feet or less in height at the option of the owner. All other provisions of this section shall apply.
   (B)   Residential; attached accessory. The location, setback and height shall be in accordance with the district standards established for the principal building unless otherwise provided.
   (C)   Electric service.
      (1)   Except as further provided, no accessory building located on a lot containing a single-family residential use shall have a separate electric service.
      (2)   Single-family accessory buildings may, at the option of the owner, have a separate electric service provided compliance with all of the following:
         (a)   The accessory building shall not be utilized as a temporary or permanent dwelling;
         (b)   The principal use single-family dwelling shall both: have not less than an existing and installed 400 amperage electric service, and the existing service shall not have available reserve capacity to adequately serve the accessory use, as determined by the Building Inspector;
         (c)   The accessory building shall not have separate sanitary sewer service;
         (d)   The accessory building shall not contain all independent housekeeping facilities and/or qualify as a dwelling unit. For purposes of this section, the term “independent housekeeping facilities” shall be construed to include bathroom, sanitation, living, dining, sleeping, and a permanently installed kitchen that includes residential code compliant electric wiring and plumbing; and
         (e)   No single-family lot shall have more than two electric services as provided herein; provided, however, a bona fide farm may have electric service to nonresidential farm related buildings without restriction to the total number of electric services allowed under this section.
   (D)   List of accessory structures or buildings. Residential accessory structures and buildings may include, but not be limited to, the following:
      (1)   Carport;
      (2)   Garage;
      (3)   Greenhouse;
      (4)   Playhouse;
      (5)   Pumphouse;
      (6)   Storage shed;
      (7)   Swimming pool;
      (8)   Tool shed;
      (9)   Work shop;
      (10)   Dog pen and/or house, keeping of three or fewer dogs; and
      (11)   Satellite dish antennas.
   (E)   Special requirements for certain accessory structures or buildings.
      (1)   Outdoor swimming pools. An outdoor swimming pool, including an in-ground, above-ground or on-ground pool structure intended for recreational bathing that contains water over two feet in depth or which exceeds 40 square feet in water surface area shall be surrounded by a four-foot or higher barrier consisting of a fence, wall or building wall or combination thereof which obstructs access to the swimming pool, in accordance with the North Carolina State Building Code. No pool structure, including associated decks and concrete aprons, shall be located nearer than five feet from a property line.
      (2)   Satellite dish antennas. Shall be subject to section 9-4-103(I) of this article.
      (3)   Stables and/or kennels. Shall be subject to section 9-4-103(J) of this article.
      (4)   Sports ramps. Sports ramps shall comply with all of the following:
         (a)   Sports ramps, including all elevated activity surface areas and all associated flat bottom, standing, stopping or seating surfaces which are six or more inches above the adjacent grade shall not exceed 500 square feet in total on-site elevated surface activity area;
         (b)   No portion of a sports ramp including structural supports, railings, walls and/or barriers shall exceed ten feet in height above the adjacent grade, as measured at 90 degrees;
         (c)   A sports ramp that is attached to or which contains an accessory building or other enclosed storage area shall be designed and constructed in accordance with the applicable provisions of the N.C. State Building Code; and
         (d)   No sports ramp or associated structure shall be attached to or supported by a dwelling structure.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 95-82, § 1, passed 8-10-1995; Ord. No. 96-106, §§ 1, 2, passed 11-14-1996; Ord. No. 97-5, § 1, passed 1-9-1997; Ord. No. 97-39, § 1, passed 4-10-1997; Ord. No. 02-117, §§ 1, 2, passed 11-14-2002; Ord. No. 03-51, § 1, passed 6-12-2003; Ord. No. 04-95, § 2, passed 8-12-2004; Ord. No. 05-91, § 1, passed 8-11-2005; Ord. No. 07-145, § 1, passed 11-8-2007; Ord. No. 21-003, § 1, passed 1-19-2021; Ord. No. 23-040, § 1, passed 5-11-2023)