(A) Customary home occupation.
(1) No more than one assistant may be employed by home occupations.
(2) No mechanical equipment shall be installed or used except such that is used for domestic or professional purposes.
(3) Not over 50% of the total floor space of any structure is used for home occupations. In no case shall any accessory structure be used in conjunction with a customary home occupation.
(4) Any modifications necessitated due to a customary home occupation shall meet the requirements of the North Carolina State Building Code. Twenty percent of all monies spent on improvements shall be dedicated toward ANSI compliance. Any manufactured home utilized for a customary home occupation shall include modifications, designed by a structural engineer licensed in the state.
(B) Junk motor vehicles (on private property). Unless otherwise provided, junked motor vehicles in the RA-40, RA-30, RA-20R, and RA-20M Zoning Districts on private property not associated with a business, shall conform to the following requirements effective November 15, 2004.
(1) General requirements.
(a) The junked motor vehicles shall not be stored or located within 30 feet of any adjoining property line or side street or right-of-way and shall be situated so that no motor vehicle or parts are visible from the adjoining properties. In no case shall junked motor vehicles be located in the front yard of the primary building of the lot.
(b) The junked motor vehicles shall not be a health or safety nuisance, nor shall the area constitute a health or safety nuisance according to the county’s Department of Public Health.
(c) The junked motor vehicles shall be entirely concealed during all seasons of the year from public view from the public right-of-way and from the adjoining properties. The vehicles may be concealed by an automobile cover or tarpaulin, with the cover adequately secured to prevent removal by wind. The automobile cover or tarpaulin shall remain in good repair and not allowed to deteriorate.
(d) In no case shall there be more than three junked motor vehicles located outside any enclosed building unless otherwise specified by this chapter. In situations where a person owns multiple tracts of land that are located within 500 feet of each other, the owner of such land shall be limited to three junked motor vehicles located outside any enclosed building unless otherwise specified by this chapter for all lots located within the distance requirement.
(2) Exceptions for junked motor vehicles. The repair of no more than one motor vehicle per household for personal use is exempt from the screening, concealment, and setback requirements of this chapter. However, the vehicle shall be owned by a member of the household and all repairs shall take place within an enclosed building or in the rear yard of the dwelling and shall not constitute a health or safety nuisance and all repairs shall take no longer than 180 days to complete.
(C) Kennel, private accessory.
(1) All kennel structures and related areas shall be located in the rear yard.
(2) All kennel structures and related areas shall be a minimum of ten feet from all property lines.
(3) A building permit shall be required for all kennel structures.
(D) Solar energy system, accessory.
(1) Roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.
(a) Pitched roof-mounted systems shall include with the application proof of the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.
(b) Flat roof-mounted systems shall include with the application a drawing showing the distance from the system components to the roof edge and any parapet walls on the building.
(2) Ground-mounted solar energy systems shall meet the minimum setback for the zoning district in which it is located or 25 feet, whichever is greater. The maximum height of the structure shall be 25 feet.
(3) Solar components of the system shall have an Underwriters Laboratories (UL) listing.
(4) Applications for all solar energy systems shall include a site plan and elevation drawings showing the location(s) of the system(s) on the building or property, including distance to property lines.
(5) All photovoltaic systems shall comply with the most current edition of the National Electrical Code.
(6) No grid-intertie photovoltaic system shall be installed until evidence has been provided to the Planning Department that the owner(s) has been approved by the appropriate utility company to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.
(7) All solar structures shall be inspected by a county Building Inspector.
(E) Swimming pools.
(1) Swimming pools shall comply with the latest and applicable version of the North Carolina State Building Code for residential or commercial swimming pools, whichever is applicable.
(2) Swimming pools as permitted uses shall be located only in side or rear yards at residences, and in recreation areas at apartment complexes and manufactured home parks.
(3) All swimming pools and surrounding deck areas shall be at least ten feet from any property line, right-of-way, or easement, whichever is closest to the proposed swimming pool location.
(4) All buildings containing mechanical or chemical feeding equipment associated with the operation of a pool shall be at least five feet from any side or rear property line and shall comply with any other setback requirements.
(5) Any lighting associated with a swimming pool shall be shielded or located in a manner which will not adversely affect adjoining property or impair visibility on adjacent streets, roads, or highways.
(6) A water discharge plan for the swimming pool shall be submitted with the permit application showing property dimensions and other pertinent data; the water discharge plan shall show that the wastewater shall be discharged in one of the following ways:
(a) Wastewater shall drain directly into the street storm drainage system, other public storm drainage system, or roadway ditch; or
(b) Wastewater may be disposed of on the property without threat of discharge onto adjacent lots so long as such does not constitute a threat of discharge onto adjacent property streets or roadways.
(F) Wind energy system, accessory.
(1) Wind energy systems shall be setback from all property lines a distance equal to one linear foot for every foot of height of the highest structure that is part of the facility or the minimum setback for the zoning district in which it is located, whichever is greater.
(2) Wind turbines shall only be located in the rear yard and shall not be located on a corner lot.
(3) Wind energy systems shall not be permitted in any residential major subdivision.
(4) The maximum height of wind turbines is 80 feet.
(5) Attachment to a building of any kind shall be prohibited.
(6) The visual appearance of a wind energy system shall, at a minimum, meet the following:
(a) Wind energy systems shall be constructed of a corrosion resistant material that will not fade, show rust spots, or otherwise change in appearance as a result of exposure to the elements and shall be a non-obtrusive color such as white, off-white, or gray;
(b) No artificial light, except to the extent required by the FAA, shall be permitted; and/or
(c) No display advertising (including flags, streamers, or decorative items), except for identification of the turbine manufacturer, facility owner(s), and operator.
(7) Installation and design of a wind energy system shall conform to applicable industry standards, including those of the American National Standards Institute.
(8) Any on-site transmission or power lines shall, to the maximum extent possible, be installed underground.
(9) Applications for wind energy systems shall include:
(a) The approximate generating capacity of the system;
(b) The representative type and height of the wind turbine(s) to be constructed, including its dimensions, manufacturer, and a description of any ancillary facilities;
(c) A site plan showing the location of wind turbine(s), property lines, setback lines, access easements or right(s)-of-way, and the location of all structures on the property; and
(d) Evidence of compliance with applicable FAA regulations.
(10) No wind energy system shall be installed until evidence has been provided to the Planning Department that the owner(s) has been approved by the appropriate utility company to install an interconnected customer-owned generator. Such evidence shall be in the form of a written verification that the plans have been reviewed and, if built to plans, the system will be accepted by the utility company and shall be furnished along with the application.
(11) The noise emitted from such facility shall be in compliance with the applicable regulations of the county’s Sheriff’s Department. Evidence of such shall be furnished with the application for a wind energy system.
(12) (a) Any wind energy system that is not functional shall be repaired by the owner(s) within 90 days or be removed, including in cases where the system is decommissioned.
(b) In the event that the county becomes aware of a system that is not operated for a continuous period of 90 days, the county will notify the property owner(s) according to the regulations set forth in this chapter.
(c) Any written response from the owner(s) shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action.
(d) If the county deems the timetable for corrective action as unreasonable, the county shall notify the owner and shall give an additional 120 days to remove the system from the date the notice is received.
(e) Any disturbed area shall be graded and re-seeded once removal has taken place.
(Ord. passed 10-17-2011; Res. passed 6-18-2012) Penalty, see § 153.999