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(A) Table of density and dimensional requirements. The density and dimensional requirements for all general zoning districts and uses are found in Table 155-9, Table of Density and Dimensional Requirements.
(B) Accessory uses, buildings and structures. The following requirements are for accessory uses, buildings and structures. Other accessory uses may have additional development requirements found in § 155.0704. Supplementary dimensional requirements are also found in § 155.03. Accessory uses, buildings and structures shall not be placed within an easement.
(1) Setback and location requirements.
(a) Accessory structures shall not be located in front yards.
(b) Garages and carports shall be located in a side yard or rear yard, provided that the side and rear yard setback requirements for the zoning district are met.
(c) Swimming pools shall be located in rear yard and shall be setback a minimum of seven feet from the rear and side yard lot lines.
(d) All accessory structures shall be located in rear yards and shall be no closer than seven feet to rear and side yard lot lines.
(e) Accessory structures or buildings shall not be located closer than the principal building setback on the street side yard. Accessory structures or buildings located in the side yard adjacent to the street yard must be screened by an enclosed privacy fence.
(f) An accessory structure or building except utility substations and similar appurtenances shall not be erected in any easements.
(2) Lot coverage. The land coverage of principal and accessory buildings shall not exceed the maximum lot coverage shown in Table 155-9, provided that unattached accessory buildings shall not occupy more than 30% of the rear yard.
(3) Maximum height. The height of all accessory structures and buildings shall comply with maximum height requirements of the zoning district in which located (Table 155-9). However, all accessory building setbacks shall increase one foot for every one foot increase in height over 15 feet.
(4) Prohibition of manufactured home as an accessory storage building. Manufactured homes shall not be used as an accessory building for storage purposes or any other use other than a single-family dwelling unit or temporary security residence pursuant to § 155.0713(H).
(5) Parking of recreational vehicles in residential areas.
(a) The parking of recreational vehicles (RVs) in the driveways of residential dwellings shall be considered an accessory use. RVs shall not be occupied as temporary or permanent dwellings.
(b) RVs shall not be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or on any lot not approved for the use, except that the vehicle may be used to house out-of-town guests, on a non-fee basis, for a period not to exceed 14 continuous days. Further provided, that utility hookups shall be limited to electrical.
(c) RVs may be parked or stored on a residential lot 20 feet from the street edge or curb, provided, however, that the vehicle may be parked anywhere on the residential premises for a period not to exceed eight hours during loading or unloading.
(d) This section does not apply to temporary housing allowed after a disaster declaration.
(C) Fences and walls.
(1) In all zoning districts, fences in yards shall not impede vehicular visibility or movement at any intersection on the edge of driveways with street lines; nor shall they encroach on the right-of-way of a street.
(2) Nothing in this section shall preclude, however, the installation of temporary fences around construction work sites, erected or maintained pursuant to the State Building Code or soil erosion and sedimentation control requirements.
(3) The following fence types are permitted in all zoning districts:
(a) Masonry or stone walls;
(b) Ornamental iron and Polyvinyl chloride (pvc);
(c) Chain-link or chain-link panel or slat weave; and
(d) Wood.
(4) The following fence types are prohibited:
(a) Fences carrying electrical current;
(b) Fences constructed of readily flammable material such as paper, cloth or canvas;
(c) Fences topped with barbed wire or metal spikes in residential districts, except those serving a public institution for public safety or security purposes; and
(d) Fences constructed of concertina wire except as permitted for prisons or correctional facilities.
(5) Fences shall be maintained in a safe manner, plumb (vertical) to the ground. Fences no longer maintained in a safe manner through neglect, lack of repair, manner of construction, method of placement or otherwise, shall be repaired, replaced or removed at the property owner’s expense.
(6) Fence height:
(a) Residential uses. Fences in yards shall not exceed four feet in height in the front yard and six feet in height in the side and rear yards. A fence shall not exceed four feet in height within 15 feet of any public or private street right-of-way. In any case a fence shall not exceed eight feet in height;
(b) Recreational, agricultural and mining uses. A fence shall not exceed six feet in height unless the fence observes the required principal building setbacks or is at least 15 feet from all property lines. In any case a fence shall not exceed 12 feet in height;
(c) Commercial, industrial, institutional, office or other nonresidential uses. A fence shall not exceed six feet in height unless the fence observes the required principal building setbacks or is at least 15 feet from all property lines. In any case, a fence shall not exceed twelve feet in height; and
(d) Exceptions. Fence height limitations do not apply to fences built in conjunction with electric or gas substations; municipal solid waste disposal facilities; municipal works facilities; water or sewage treatment plants or facilities; municipal water storage facilities; public correctional and mental institutions; military facilities; or hazardous or radioactive waste storage or disposal facilities.
(7) Measurements:
(a) Fence height shall be measured at the highest point, not including columns or posts of the fence section as measured from the grade on the side nearest the abutting property or street;
(b) Columns or posts shall not extend more than 18 inches above the built height of the fence. Columns or posts shall be separated by a horizontal distance of at least four feet, except at gates; and
(c) As measured in division (7)(a) above, any retaining wall or berm below the fence shall be considered as part of the overall height of the fence. Safety railings required by the State Building Code shall not be included in height measurements.
(8) Other fence requirements.
(a) Obstruction of view. A fence shall not be placed or retained in a manner so as to obstruct vision at any intersection adjacent to public or private streets.
(b) Obstruction of access. A fence shall not block access to or egress from doors or windows. Fences shall be located at least two feet from building walls except where fences project from a building wall.
(c) Obstruction of drainageway. Fence construction shall not alter or impede the natural flow of water in any stream, creek, drainage swale, ditch or floodplain.
(d) Within required planting areas. The setback of fences within a required planting area shall be subject to the approval of a landscaping plan.
(e) Fences. Fences shall be constructed so that exposed framing faces the interior yard and not a public or private street right-of-way.
(D) Dimensional requirements for nontraditional lot developments. A development that contains walkable neighborhoods, unique design and a range of housing types. The following Nontraditional Lot Developments shall be reviewed through the Conditional Zoning District (CD) process. The dimensional requirements, use restrictions and standards specific to the (CD) process are delineated in § 154.03.
(1) Zero lot line detached home: § 155.0703(B).
(2) Semi-attached/duplex home: § 155.0703(C).
(3) Multiplex attached home: § 155.0703(D).
(4) Townhouse dwelling: § 155.0703(E).
(5) Multi-family dwelling/apartment: § 155.0703(F).
(6) Condominium: § 155.0703(G).
(7) Planned manufactured housing subdivisions: § 155.0703(H).
(8) Upper story attached dwelling: § 155.0703(J).
(9) Residential cluster developments: § 155.0703(Q).
(10) Traditional neighborhood development: § 155.0703(R).
(Ord. passed 7-25-2011; Ord. 18-O-05, passed 8-22-2018; Ord. 23-O-13, passed 11-27-2023)
(A) Structures permitted above height limits.
(1) Except as otherwise prohibited by the UDO, a district’s height limitations shall not apply to the following uses, provided the structures meet the required State Building Code, however, features, appurtenances or structures shall not be higher than Federal Aviation Agency (FAA) standards for airport approach clear zones.
(a) Architectural features and mechanical appurtenances such as church spires, belfries, cupolas, domes, antennas, ventilators or chimneys which occupy no greater than 5% of the total area of a building; and
(b) Monuments, water towers, observation towers, power transmission towers, silos, grain elevators, smokestacks, derricks, conveyors, flag poles, radio, television and communication towers, masts, aerials and similar structures.
(2) If applicable, documentation shall be provided by the applicant noting compliance with all FAA standards particularly for construction or alteration of structures that might interfere with aviation operations and that the construction or alteration meet lighting and marking criteria per FAA.
(B) Prevailing front yard setback. Where 50% or more of the lots in a recorded subdivision on the same side of the street as the lot in question are developed with less than the required front yard setbacks, the average setback of the two principal buildings nearest that lot shall be observed as the required minimum setback.
(C) Encroachments into required setbacks.
(1) Encroachments permitted in required setback. The following are permitted in required setbacks, provided there is no interference with any sight area, as defined in Chapter 163:
(a) Landscaping features, including, but not limited to, planted buffer yards, hedges, fences, walls, ornamental water features, planting boxes, sculpture, arbors, trellises and birdbaths;
(b) At grade patios, play equipment or outdoor furniture, ornamental entry columns and gates, flag poles, lamp posts, address posts, mailboxes, outdoor fire places, public utility wires and poles, pumps or wells;
(c) HVAC/mechanical equipment;
(d) Fences and retaining walls;
(e) Handicapped ramps; and
(f) Water-dependent structures (i.e., boat ramps, docks and the like).
(2) Structures permitted in required setbacks. The following structures may encroach into required setbacks, as follows:
(a) Cornices, overhanging eaves, window sills and gutters may project not more than two feet into any required setback, and shall not be closer than three feet to any property line;
(b) Balconies, bay windows, chimneys and fireplaces, steps, fire escapes, fire balconies and fire towers or similar architectural features, may project not more than three feet into any required setback, and shall not be closer than three feet to any property line;
(c) Porches, patios and decks may encroach into the required front, side and rear setbacks only as noted in Table 155-1:
(d) Canopy projections: gas station and convenience store pump island canopies may be located in the front setback provided that no equipment or part of a canopy is located closer than 12 feet to a street right-of-way.
(D) Easement and right-of-way encroachments.
(1) Drainage maintenance and utility easements. Water-related improvements, such as boat docks, may be placed or constructed within drainage maintenance and utility easements with the approval of the utility provider having jurisdiction over the easement.
(2) Public street rights-of-way. No structure or landscaping plantings may be placed within a public street right-of-way without the express approval of the public entity having jurisdiction over the right-of-way.
(E) Setbacks from thoroughfares. Where proposed street alignments have been established, in accordance with an adopted Thoroughfare Plan, or city adopted small area plan or city resolution, building setbacks shall be measured from the future right-of-way line of the proposed street.
(F) Setbacks from private streets. Building setbacks from approved private streets shall be the same distance as specified in Table 155-9, but shall be measured from the private street right-of-way, private street easement or the boundary line of the common area reserved for the private street.
(G) Setbacks on flag lots. The “flagpole” portion of this type of lot shall not be used to calculate building setbacks.
(H) Setbacks where no rights-of-way exist. In situations where no street right-of-way exists, the setback from the street shall be calculated by adding 30 feet to the applicable front yard setback required in Table 155-9.
(I) Visibility at intersections. A building, structure, wall, fence, shrub or tree shall not be erected, maintained or planted on any lot which would obstruct the horizontal or vertical sight distance area as defined in Chapter 163.
(Ord. passed 7-25-2011)
(A) Principal building per lot. Every building hereafter erected or moved shall be located on a buildable lot; and in no case shall there be more than one principal residential building and its accessory buildings on a lot, except as provided below.
(1) Two or more single-family dwellings on a single tract. A lot in any residential district shall not be occupied by more than one principal single-family residence, unless approved as a Nontraditional Residential Lot Development through the Conditional Zoning District process or a Manufactured Home Park through the Special Use Permit process.
(2) Nonresidential group development. Two or more principal nonresidential buildings are permitted on a lot pursuant to a site plan approved by the permit-issuing authority. Buildings must be separated at least 20 feet apart.
(3) Residential group development. Two or more principal buildings are permitted in a multi-family development pursuant to a site plan approved by the permit-issuing authority. Buildings must be separated at least 20 feet apart.
(4) Manufactured home park. More than two principal buildings are permitted in a manufactured home park pursuant to a site plan approved in accordance with the provisions of § 155.0703(I).
(B) A manufactured home is a principal building. In no case shall a manufactured home be allowed on a lot occupied by another manufactured home, dwelling unit or other principal building, provided, however, a manufactured home may be occupied temporarily on the same lot where a new permanent single-family dwelling unit is being constructed, or where an existing permanent single-family dwelling unit is undergoing extensive remodeling, or as allowed under Special Use Permit for a Manufactured Home Park. In these cases, the manufactured home may be occupied by the owner of the lot and dwelling unit being constructed on the same lot. Further, the manufactured home must be removed from the lot within 30 days after the new or remodeled structure is occupied. During the period of temporary use, the manufactured home must be anchored and registered under the provisions of this chapter as well as being connected to an approved water supply and sewerage system and electrical connections.
(C) Mobile structures are principal buildings. A mobile structure is a principal building. Only in cases where a mobile structure is used for a temporary construction office, a mobile classroom in conjunction with a school or church, or an administrative office within a manufactured home park, shall a mobile structure be allowed on a lot occupied by another principal building. Mobile structures shall comply with the requirements of the permit, registration and set up standards below, as well as the lot dimensional requirements of the district in which they are allowed.
(1) Manufactured home and mobile structure permits.
(a) It shall be unlawful for any person or entity to place or locate, for a period exceeding 72 hours, a manufactured home or mobile structure, within the city or its extraterritorial jurisdiction without and until the person or entity obtains a zoning and building permit.
(b) The Zoning Administrator shall issue a zoning permit upon receipt of a completed and signed application for a manufactured home, which application shall contain:
1. The name and mailing address of the owner(s) of the manufactured home or mobile structure;
2. A description of the manufactured home or mobile structure including the name of the manufacturer and year of construction; and
3. Location of the manufactured home or mobile structure.
(c) Following placement or location of a manufactured home or mobile structure within the city’s jurisdiction, the Zoning Administrator shall inspect same, and if he or she finds that the manufactured home or mobile structure and the installation of same complies with applicable state laws and city ordinances, he or she shall issue a certificate of compliance. A manufactured home or mobile structure shall not be occupied, maintained, stored or used for any purpose for a period exceeding 15 days after issuance of a zoning permit unless and until the Zoning Administrator has issued a certificate of compliance.
(d) All manufactured homes and mobile structures in place and installed within the zoning jurisdiction of the city prior to the effective date of this chapter shall be inspected for compliance.
(e) The registration shall be affixed to the manufactured home or mobile structure and shall be permanently maintained thereon in a manner so as to be plainly visible.
(2) Installation and set-up standards.
(a) All manufactured homes and mobile structures shall be anchored in conformance with the State of North Carolina Regulations for Manufactured Homes, as from time to time amended, published by the State Department of Insurance. The anchoring required hereunder shall be completed within 15 days after the issuance of a manufactured home permit.
(b) If manufactured homes and mobile structures are equipped with skirting, the skirting shall contain an access door measuring not less than 18 inches by 24 inches. Refer to Mechanical Code if equipment is installed in crawl space.
(c) All manufactured homes and mobile structures, except manufactured homes and mobile structures attached to or joined with other structures so as to form a single unit, shall receive electrical service from an individual meter and service hookup for the manufactured home or mobile structure, and a manufactured home or mobile structure shall not receive electric service from or through another structure of any type located on the same or another lot.
(d) All structural additions to manufactured homes and mobile structures other than those which are built into the unit and designed to fold out or extend from same shall be erected only after a building permit has been obtained, and the additions shall conform to state and local laws and ordinances. The building permit shall specify whether the structural additions may remain permanently, must be removed when the manufactured home or mobile structure is removed, or must be removed within a specified length of time after the mobile home or mobile structure is removed. The structural additions existing prior to the effective date hereof shall be removed within 30 days after the manufactured home or mobile structure which the structure serves is moved unless the structural addition is approved by the administrator as meeting the requirements hereof and is attached to another manufactured home or mobile structure on the same site within the 30-day period.
(D) Street access requirements.
(1) Vehicular access to public street required. Every lot shall abut and have direct vehicular access to a publicly maintained street, except as provided for in this chapter. A building or structure shall not be constructed, erected or placed on a lot that does not abut and have direct vehicular access to a publicly maintained street, except as provided in this chapter.
(2) Dead-end streets. For purposes of this chapter the terminus of a dead-end street does not provide the required vehicular access to a publicly maintained street unless that terminus is a circular turnaround or other turnaround design approved and constructed in conformance with Chapter 158.
(3) Nontraditional residential lot developments. Private streets may be used to meet access requirements for lots in a Nontraditional Residential Lot Development and in a Planned Manufactured Housing Community within the R-MH district, provided the development as a whole abuts and has direct vehicular access to a publicly maintained street and the private streets comply with the requirements of Chapter 158.
(4) Townhouse and condominium developments. Individual parcels shall have right of vehicular access through common areas containing private streets and/or private drives at least 24 feet in width leading to a publicly maintained street. Individual parcels may have direct vehicular access to a publicly maintained street with approval from the City Engineer. Streets in townhouse and condominium developments shall comply with the requirements of Chapter 158.
(5) Manufactured home park. Manufactured home park lots or spaces shall be developed in accordance with § 155.0703(I).
(6) Nonresidential group development. Individual parcels, whether leased or sold, in a nonresidential group development shall have shared rights of vehicular access along private streets and/or along private drives at least 24 feet in width leading to a publicly maintained street. Maintenance of all private streets and private drives shall be a mandatory responsibility, running with the land, exercised by a single entity which shall be composed of one landowner, an owners’ association or all owners acting collectively pursuant to a binding agreement.
(7) Exceptions. Special-purpose lots may provide access via easement in accordance with § 155.06 and lots meeting the access requirements of Chapter 158 for flag lots.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)
(A) Single lot. A lot shall not be reduced in size so that noncompliance with respect to any frontage, building coverage, area, built-upon area, width, setback, parking, buffer yard or signage requirement of the UDO is created, nor shall any existing nonconformity or violation be increased. A single lot maybe reduced in size if reviewed and approved through the Conditional Zoning District process, i.e., cluster development.
(B) Buildable lot. Where two or more contiguous lots in one ownership collectively form a buildable lot, that lot shall not be reduced in size so that noncompliance with respect to any frontage, building coverage, area, built-upon area, width, setback, parking, buffer yard or signage requirement of the UDO is created, nor shall any existing nonconformity or violation be increased. An Instrument of Combination (or similar document or procedure) shall be prepared and recorded where two or more contiguous lots in one ownership collectively form a buildable lot.
(C) Exemption. These prohibitions shall not apply to state, county or municipal acquisition of land.
(Ord. passed 7-25-2011)
Requirements of this chapter with respect to street frontage, minimum lot area and minimum lot dimensions shall not apply to lots for family or church cemeteries, sewer lift stations and similar utility uses. The lots shall comply with the requirements below.
(A) Minimum size. The special purpose lot shall be permitted only after the Zoning Administrator has determined that the proposed lot has sufficient dimensions to accommodate the intended use and other standards for site design as required by this UDO.
(B) Vehicular access easement. If the special purpose lot does not have direct vehicular access to a public street, an easement for ingress and egress with a minimum width of 20 feet shall be platted.
(C) Platting. The subdivision to create the lot shall be approved in accordance with Chapter 158, Subdivisions Procedures and Standards. The final plat shall label the lot as a “Special Purpose Lot for use as __________________”.
(Ord. passed 7-25-2011)
The development standards listed herein are additional to other requirements in the UDO. These development standards are use-specific and apply to those uses designated with a “P” in Table 155-8, Table of Permitted Uses. Uses requiring approval of a special use permit (designated with an “S” in Table 155-8) shall also be subject to these standards as well as any additional standards or conditions required by the Board of Adjustment. Requests to a Conditional Zoning District (designated with a CD in Table 155-8) shall also be subject to these standards as well as any additional standards or conditions required by the Board of Commissioners. Permit applications and site plans for these uses shall demonstrate how compliance with the applicable development standards will be achieved. Should there be a discrepancy between the Table of Permitted Uses and any other section of the UDO as to a use being permitted, the Table of Permitted Uses shall prevail.
(Ord. passed 7-25-2011)
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