Development standards applicable to particular accessory uses and structures identified in Table 155-8, Table of Permitted Uses and defined in Chapter 163 include the following.
(A) Communication tower under 50 feet in height. Towers shall not be placed in any front yard or side yard. All supporting cables shall be contained on the property.
(B) Home occupation.
(1) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to the residential use of a dwelling unit.
(2) The floor area used for home occupations shall not exceed 25% of the total floor area of the dwelling, and one home occupation shall not operate in more than one dwelling unit on a residential lot.
(3) The home occupation shall be conducted entirely within a principal dwelling unit, by one or more occupants of the dwelling unit, except that, in connection with the practice of a profession, one person not residing in the dwelling unit may be employed.
(4) The use does not change the character or outside appearance of the residence.
(5) The home occupation shall not be conducted in any accessory building.
(6) Traffic shall not be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the conducting of the home occupation shall be met by providing the parking space(s) in the rear yard.
(7) Equipment or processing shall not be used in the home occupation which creates noise, vibration, glare, fumes, odors or which causes electrical interference beyond what normally occurs in the zoning district in which it is located. The home occupation shall not involve the use of electrical or mechanical equipment that would change the fire rating of the structure in which the home occupation is located.
(8) There shall not be exterior displays or display windows, or any other display of goods visible from the outside, nor shall there be sales rooms or open storage of materials or supplies associated with the home occupation.
(9) Evidence of the home occupation shall not be allowed, except there may be a maximum of one sign used on the premises to identify the home occupation. This sign shall be in conformity with Chapter 157 of the Unified Development Ordinance.
(10) There shall not be the selling of articles produced elsewhere than on the premises.
(11) There shall not be the storing of materials or products outside of a principal or accessory building or other structure.
(12) Delivery and pickup services shall be those customary to residential areas.
(C) Marina - residential. Residential marinas must be approved as part of the overall development plan for a nontraditional residential lot development or approved as a Special Use Permit for an existing residential area, and subject to the following requirements.
(1) Boat slips, piers and bulkheads are permitted; however, no commercial activities shall be permitted.
(2) Marinas may include any pump out facilities required by water quality or other state or federal regulations.
(3) A clubhouse or similar facility which could normally be included in a residential development may be included with the marina facilities.
(4) Residential developments in which marinas are allowed as accessory uses must receive final plan and permit approval, as required, prior to issuance of any city permits for the construction of the marina.
(5) Drystacks shall not be permitted in residential development marinas.
(6) Signs calling attention to the marina other than those for vehicular directional purposes located within the development are not permitted.
(7) The number of slips shall not exceed 110% of the number of units in the residential development. Each slip over and above the number of units in the residential development must be provided with two parking spaces in a specifically designed area.
(D) Satellite dish antenna.
(1) Satellite dish antennas shall not be constructed or maintained within the right-of-way of any street, highway or sidewalk.
(2) A satellite dish antenna, short wave antenna or similar tower in excess of four feet in diameter shall not be constructed or maintained within five feet of the edge of the pavement or shoulder of a street, highway or sidewalk.
(3) Satellite dish antennas are restricted to rear and side yards.
(4) Satellite dish antennas shall not exceed the maximum building height restriction as applied to accessory structures of the applicable zoning district (see also § 155.02(D)(1)).
(E) Swimming pools (accessory to residential use).
(1) Swimming pools as referenced in this section pertain to those pools, above ground or at ground level, that are an accessory use on a private residential lot.
(2) Swimming pools may be permitted as an accessory use in residential districts, provided the pool is not more than six feet above the normal lot ground level where it is located, and provided further that the pool retaining wall is not placed or constructed within seven feet of any rear or side lot line.
(3) A swimming pool shall not be permitted in the required front yard of a lot.
(4) Swimming pools permanently constructed below the ground level, and exceeding 40 square feet in water area, and above ground swimming pools that are capable of holding 24 inches of water shall be protected by a four-foot fence and latching gates to keep children and animals from having unsupervised access.
(F) Temporary health care structures.
(1) The following definitions apply in this section:
ACTIVITIES OF DAILY LIVING. Bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating.
CAREGIVER. An individual 18 years of age or older who (i) provides care for a mentally or physically impaired person; and (ii) is a first- or second-degree relative of the mentally or physically impaired person for whom the individual is caring.
FIRST- OR SECOND-DEGREE RELATIVE. A spouse, lineal ascendant, lineal descendant, sibling, uncle, aunt, nephew, or niece and includes half, step, and in-law relationships.
MENTALLY OR PHYSICALLY IMPAIRED PERSON. A person who is a resident of this State and who requires assistance with two or more activities of daily living as certified in writing by a physician licensed to practice in this State.
TEMPORARY FAMILY HEALTH CARE STRUCTURE. A transportable residential structure providing an environment facilitating a caregiver's provision of care for a mentally or
2021 S-16
Use Regulations and Standards 101
physically impaired person that (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who shall be the mentally or physically impaired person; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the State Building Code and G.S. § 143-139.1(b). Placing the temporary family health care structure on a permanent foundation shall not be permitted.
(2) A temporary family health care structure used by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver at the caregiver's residence shall be a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings.
(3) A temporary family health care structure used by an individual who is the named legal guardian of the mentally or physically impaired person shall be a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings in accordance with this section if the temporary family health care structure is placed on the property of the residence of the individual and is used to provide care for the mentally or physically impaired person.
(4) Only one temporary family health care structure shall be allowed on a lot or parcel of land. The temporary family health care structures under divisions (F)(2) and (3) of this section shall not require a special use permit or be subjected to any other local zoning requirements beyond those imposed upon other authorized accessory use structures, except otherwise provided in this section. The temporary family health care structure shall be placed in the rear yard and shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure.
(5) Any person proposing to install a temporary family health care structure shall first obtain an accessory structure permit. The applicant shall provide evidence of compliance with this section initially and on an annual basis as long as the temporary family health care structure remains on the property. This shall include inspection of the temporary family health care structure, annual compliance confirmation, and annual renewal of the doctor's certification.
(6) Any temporary family health care structure installed under this section shall be required to connect to any water, sewer, and electric utilities serving the property and shall comply with all applicable State law, City ordinances, and other requirements, as if the temporary family health care structure were permanent real property.
(7) No signage advertising or otherwise promoting the existence of the temporary health care structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.
(8) Any temporary family health care structure installed pursuant to this section shall be removed within 60 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. If the temporary family health care structure is needed for another mentally or physically impaired person, the temporary family health care structure may continue to be used or may be reinstated on the property within days of its removal, as applicable.
(9) The City may revoke the permit granted pursuant to this section if the permit holder violates any provision of this section and may seek injunctive relief or other appropriate actions or proceedings to ensure compliance with this section.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)