(A) Traditional household residential.
(1) Single-family dwelling. All single-family dwellings located within the Conservation Zoning District shall be connected to public water and public sewer unless specified elsewhere within this chapter.
(2) Manufactured homes.
(a) RA-20M and RA-20R Zoning Districts. All requirements or conditions shall be met before a final certificate of occupancy (CO) will be issued for the home:
1. The structure shall be built to the HUD code for manufactured homes;
2. The structure shall have an A-pitched roof that is covered with material commonly used in standard residential roofing construction. The material shall be installed properly and be consistent in appearance;
3. The structure shall have underpinning consisting of a brick curtain wall or have galvanized metal sheeting, ABS, or PVC plastic color skirting with interlocking edges, installed around the perimeter of the home. Skirting shall be consistent in appearance, in good condition, continuous, permanent, and unpierced except for ventilation and access; and
4. The tongue or towing device shall be removed or landscaped.
(b) RA-30 Zoning District. All requirements or conditions shall be met prior to issuance of a certificate of occupancy (CO) for the home:
1. The structure shall be built to the HUD code for manufactured homes;
2. The structure shall have an A-pitched roof that is covered with material commonly used in standard residential roofing construction. The material shall be installed properly and be consistent in appearance;
3. The structure shall have underpinning consisting of a brick curtain wall or have galvanized metal sheeting, ABS, or PVC plastic color skirting with interlocking edges, installed around the perimeter of the home. Skirting shall be consistent in appearance, in good condition, continuous, permanent, and unpierced except for ventilation and access. In cases where the proposed home is located in Flood Zone AE, the home shall be located on a masonry foundation only, with approved flood vents or breakaway skirting. See §§ 153.245 through 153.248 for more information;
4. The exterior siding shall consist predominantly of vinyl, aluminum, wood, or hardboard and shall be comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction. The exterior siding shall be in good condition, complete, and not damaged or loose; and
5. The tongue or towing device shall be removed or landscaped.
(3) Multi-section manufactured homes.
(a) RA-20M and RA-20R Zoning Districts. All requirements or conditions shall be met before a final certificate of occupancy (CO) will be issued for the home:
1. The structure shall be built to the HUD code for manufactured homes;
2. The structure shall have an A-pitched roof that is covered with material commonly used in standard residential roofing construction. The material shall be installed properly and be consistent in appearance;
3. The structure shall have underpinning consisting of a brick curtain wall or have galvanized metal sheeting, ABS, or PVC plastic color skirting with interlocking edges, installed around the perimeter of the home. Skirting shall be consistent in appearance, in good condition, continuous, permanent, and unpierced except for ventilation and access; and
4. The tongue or towing device shall be removed or landscaped.
(b) RA-30 Zoning District. All requirements or conditions shall be met prior to issuance of a certificate of occupancy (CO) for the home. In cases where the requirements listed herein cannot be met, the applicant(s) may apply for a special use permit:
1. The structure shall be built to the HUD code for manufactured homes;
2. When located on the site, the longest axis of the unit shall be parallel to the lot frontage;
3. The structure shall have an A-pitched roof that is covered with material commonly used in standard residential roofing construction. The material shall be installed properly and be consistent in appearance;
4. The structure shall have masonry underpinning that is continuous, permanent, and unpierced except for ventilation and access;
5. The exterior siding shall consist predominantly of vinyl, aluminum, wood or hardboard and shall be comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction. The exterior siding shall be in good condition, complete, and not damaged or loose;
6. The minimum lot size shall be one acre excluding any street right-of-way and the minimum lot frontage shall be 150 feet as measured at the right-of-way line or along an easement whichever applies, except on the bulb of a cul-de-sac where a minimum of 40 feet is acceptable; and
7. The tongue or towing device shall be removed.
(B) Multifamily residential.
(1) Multifamily residential development: general regulations. The following regulations shall apply to all apartment development, condominium development, duplex development, multifamily development (other), and townhome development:
(a) Multifamily residential development shall be permitted in rural center, employment mixed use, and compact mixed use land use classifications, and shall require a special use permit in all other land use classifications;
(b) Residential density shall not exceed nine dwelling units per acre unless otherwise allowed by this chapter.;
(c) A minimum of 15% of the tract shall be set aside for recreational open space unless otherwise allowed by this chapter. Of the total set aside, 5% of the area shall be developed for improved recreational open space. This area shall be installed and maintained by the developer until ownership of the recreational open space area is transferred to the homeowners association, if applicable. In cases where no homeowners association is created, the developer shall be responsible for continued maintenance of recreational open space areas. Additionally:
1. Improved recreational open space areas, such as golf courses, basketball courts, swings, and the like, shall be clearly defined. Any equipment used for improved recreational open space areas shall be permanently affixed to the ground; and/or
2. All recreational open space areas shall be equipped and maintained by the appropriate body.
(d) A network of sidewalks and pedestrian trails, where applicable, shall be provided to connect all parking areas, driveways, residential structures, and amenities. Approval of such shall be based on connectivity. Additionally:
1. Sidewalks shall be constructed along all streets, driveways, parking areas, and residential structures. The construction shall be in accordance with the construction standards set forth in this chapter; and/or
2. Pedestrian trails may be provided in place of sidewalks between all separate accessory structures and amenities, including open space and recreational open space areas. The pedestrian trails shall be a minimum of four feet wide and three inches thick.
(e) Developments larger than five acres in size shall install street trees along both sides of all newly created public or private street(s). The improvements shall be in accordance with the applicable requirements set forth in this chapter;
(f) Recordation of the declaration, if applicable, and plan shall be completed by the developer or his or her agent prior to issuance of the first certificate of occupancy (CO) on the project following approval by the DRB or such approval shall be null and void;
(g) In any multifamily development in which lots and/or units are individually sold, a homeowners association (HOA) shall be required. The required organizational documents and by-laws shall include, but are not limited to, the following.
1. The homeowners association shall be established before any lots are sold.
2. Membership shall be mandatory for each buyer and any successive buyer.
3. The developer shall be responsible for all maintenance and other responsibilities of the homeowners association until 60% of all units to be sold are sold. After 60% of all units are sold, the homeowners association shall levy assessments and assume its responsibilities.
4. The homeowners association shall be responsible for liability insurance, taxes, and maintenance of all recreational open space facilities, grounds, and common areas. Any sums levied by the homeowners association that remain unpaid shall become a lien on the individual property.
5. The declaration shall contain a statement addressing street maintenance and ownership, if applicable.
(h) A minimum of two entrances shall be required on all multifamily developments of 100 or more units;
(i) Streets, driveways, and parking areas shall meet the following requirements.
1. All driveways, streets, and parking areas whether private or public, shall be paved and constructed to NCDOT standards. Once ownership of the private streets has been transferred to the homeowners association, if applicable, the association shall assume maintenance of the streets.
2. When parking lots are located within the required front yard, the minimum front setback for each unit or the development as a whole, whichever is applicable, shall be increased by an additional 20 feet.
3. Curb and gutter shall be installed in accordance with § 153.151(D).
(j) Individual lots shall meet the following minimum dimensional requirements as applicable. Minimum side yard requirements shall apply to perimeter boundaries only, except in cases of a duplex development, where the minimum side yard on one side shall meet the requirements below.
Minimum Requirement
|
Width
|
Front yard | 35 ft. |
Front yard (parking within front yard) | 55 ft. |
Lot width | 20 ft. |
Rear yard | 25 ft. |
Side yard | 10 ft. |
Side yard, corner lot | 20 ft. |
(2) Multifamily residential development: specific regulations.
(a) Condominium development. A declaration establishing a condominium development shall be prepared which satisfies the requirements of the state’s Unit Ownership Act (G.S. Chapter 47A). This declaration shall be filed with the plans for the development. The plans and declaration shall be submitted with the special use permit application, if applicable.
(b) Duplex development. The requirements set forth herein for a single duplex unit shall not be applicable to the duplex development.
(c) Live/work development.
1. A declaration establishing a condominium development shall be prepared which satisfies the requirements of the state’s Unit Ownership Act (G.S. §§ 47A-1 et seq.). This declaration shall be submitted with the special use application and filed with the plans for the development, if more than one residential unit is proposed.
2. Permissible nonresidential uses shall include the following as listed in “Table of use types and regulations” in § 153.105(B) and shall be conducted wholly within the structure:
a. Financial services;
b. Offices, general; and/or
c. Retail services.
3. Live/Work developments shall follow the setback regulations of the underlying zoning district; however, the perimeter side yard setback shall be a minimum of five feet.
4. The use shall have direct access to a collector or higher classified road.
5. No outside storage or display of items associated with the use shall be permitted.
(d) Multifamily development (other). All site plans shall be accompanied by a certification of sewage disposal, which states that the sewage system can handle its current load as well as the additional load from the apartments. The certification for private sewer systems shall come from the state, via the county’s Department of Public Health. The certification for public sewage disposal shall come from the county’s Department of Public Utilities.
(e) Townhome development.
1. In a townhome development in which any facilities such as, but not limited to, streets, parking areas, recreational open space facilities, and common open space are to be held and maintained in common ownership a homeowners association shall be organized. Documents showing the association’s organizational structure and by-laws for the property shall be filed with the Planning Department. For townhome developments, the aforementioned documents shall become part of the application for a special use permit.
2. All townhome units shall be subject to the conveyance of a fee-simple lot.
(C) Group residential.
(1) Family care facility. No family care facility shall be located within a one-half mile radius of an existing family care facility. It shall be the responsibility of the applicant to supply such information.
(2) Group care facility. No group care facility shall be located within a one mile radius of an existing group care facility. It shall be the responsibility of the applicant to supply such information.
(Ord. passed 10-17-2011; Res. passed 3-21-2016; Res. passed 11-16-2020) Penalty, see § 153.999