Sec. 14-75. - Agricultural-residential district (AR).
   (a)   Intent. The agricultural-residential district (AR) is intended to encourage the continuance of agricultural uses as well as to ensure that residential development will occur at sufficient densities to provide for a range of housing opportunities throughout the county. Further, it is the intention of the regulations of this district to ensure that residential development having access and connecting to public water and sanitary sewer systems will occur within a healthful environment.
   (b)   Permitted uses. The following uses are permitted as a principal use:
   (1)   Single-family, or individual modular homes that utilize:
      a.   No mobile home with a manufactured date prior to 1976 can be set up as a residence unless it is already legally set up as a residence within Johnston County.
      b.   All mobile/manufactured homes that are moved to a parcel or lot within the AR district shall meet the following standards:
   (2)   Individual mobile/manufactured homes shall be based on the density established in subsection (b)(1) and meet; the following conditions:
      a.   No mobile home that does not meet the definition for a mobile home in this chapter can be set up as a residence unless it is already legally set up as a residence within Johnston County.
      b.   All mobile/manufactured homes that are moved to a parcel or lot within the AR district shall meet the following standards:
         1.   Each mobile/manufactured home must have exterior siding that is either painted or stained wood such as board and batten, or board-on-board, masonite, simulated stucco, residential grade aluminum, or vinyl lap siding. All siding shall be in good condition, complete, not damaged or loose;
         2.   Each mobile/manufactured home shall either have a brick curtain wall or have ABS or PVC plastic color skirting with interlocking edges (keylocked) installed around the perimeter of the home. Skirting shall be attractive and in good condition and shall be laid-up in an attractive, workmanlike manner. All mobile/manufactured doublewide homes located within a major subdivision shall have a permanent masonry foundation;
         3.   Each mobile/manufactured home having a painted exterior, shall have the exterior paint in good condition, not peeling or any rust showing through;
         4.   Each mobile/manufactured home shall have all windows and doors intact and in working condition;
         5.   Each mobile/manufactured home shall have in place permanent steps, meeting the state building code; and
         6.   All repairs made to the exterior of the mobile/manufactured home shall be made to be consistent with the original intent or integrity of the mobile/manufactured home when that mobile/manufactured home was built. For example, if repairs are made to the siding, material as close to, or consistent with, the original siding shall be used.
      c.   All conditions listed in subsection b. shall be complied with before a certificate of occupancy and compliance is issued for the mobile/manufactured home.
      d.   All single-wide mobile homes and single-wide manufactured homes, regardless of availability of public utilities, shall have a minimum lot size of one acre.
   A certificate of occupancy for an individual mobile/manufactured home may be issued if all required work, other than the completion of the foundation skirting and permanent steps, is completed, provided that a certificate of completion is issued within 90 days of the issuance of the certificate of occupancy. If no certificate of completion is issued within 90 days, the certificate of occupancy shall be void.
   (3)   Churches and their customary related uses, including cemeteries, provided that all buildings shall be set back at least 20 feet from any property lines.
   (4)   Colleges, universities, public elementary and secondary schools, and private schools having curricula approximately the same as ordinarily given in public schools.
   (5)   Golf courses, parks, playgrounds, community centers, libraries, swimming pools and similar recreational uses on property that is:
      a.   Owned by a federal, state, and/or local government; or
      b.   Located within an approved subdivision and the property is owned and operated by a homeowners' association, management company, and/or the developer and was approved as a part of the subdivision approval or as a part of an A-R special use district.
   Accessory recreation uses and facilities (such as play toy, basketball court, tennis court, and similar that are usual and typical in a residential neighborhood) that are intended to be used primarily by the residents of the property are permitted with residential land uses. Recreational activities that includes added parking, lighting, bleachers or viewing stands, charges fees, and/or provide concessions shall be presumed to not be accessory to a residence.
   Any other park, playground, or recreation facility that includes anything other than passive recreation (such as walking trails, picnic tables, open space, and similar) must have a special use permit.
   Any stand-alone recreation facility (not otherwise approved in parts 5, 5a, or 5b above) that charges admission; membership fees; and/or has any sales, concessions, etc. is not permitted in the A-R district.
   (6)   Public safety facilities such as fire and police stations, rescue headquarters, ambulance service, and civil defense centers.
   (7)   Accessory buildings or structures, provided such buildings or structures shall be not less than ten feet from any interior property line, and meet the street setback requirements of subsection (d). Singlewide mobile homes will not be permitted to be used for storage (commercial or noncommercial storage). Temporary storage containers or PODs shall be allowed for a 30-day period, with the possibility of a 30-day extension by planning staff for hardship cases and no more than twice during a calendar year.
   (8)   Home occupations.
   (9)   Agri-tourism uses or enterprises in support of any existing bona fide farming operation as defined in section 14-7. Agri-tourism uses may include, but are not limited to, corn mazes, petting zoo related to farm animals, hayrides, and educational programs. Accessory uses to the agri-tourism enterprise may include refreshments and concessions being served, entertainment on a scale not to exceed intent of other districts under this article, sale of farm or agricultural related products not produced on site.
      a.   For accessory type uses referred to above, a site plan will be submitted for approval by the planning and zoning director that takes into account ingress and egress, parking, hours of operations, signage, and lighting. See article V, site plans.
      b.   Any agri-tourism enterprise and accessory uses to agri-tourism enterprise shall adhere to setback requirements listed in this section.
      c.   All agri-tourism type uses and accessory uses to agri-tourism shall be temporary, unless otherwise permitted by the planning and zoning director.
   (10)   Telephone utility facilities including transformer and switching stations, telephone exchanges; public utilities (water and sewer stations) including: water, wastewater, and reclaimed water meter vaults (above and below ground); water and reclaimed water booster pump stations; water and reclaimed water regulatory valve stations; wastewater pump stations; chemical feed stations; and supporting equipment including standby power facilities, electrical equipment, and SCADA equipment including antennas. The following items shall apply to such facilities:
      a.   Approved site plan from planning and zoning director.
      b.   Such facilities are essential to services of the area.
      c.   All buildings shall be set back at least 20 feet from all property lines.
      d.   Shall be landscaped as to blend in with the surrounding community.
      e.   Shall be nonstaff facilities only.
   (11)   Any commercial vehicle(s) being housed at a residence and driven by an occupant of the residence for the purpose of serving as the occupant's primary transportation to a business located off site shall be limited based on the following guidelines:
      a.   If the business associated with the commercial vehicle is off site and provides reasonable storage and after-hours parking of the associated commercial vehicles, then no commercial vehicle is allowed on the residential property.
      b.   On internal subdivision streets, public or private, and dead-end public or private roads, only one commercial vehicle is allowed unless subsection a. above applies and/or restrictive covenants are in place restricting the storage of commercial vehicles. The vehicle is required to be setback 70 feet from the front property line and 50 feet from the interior property lines.
      c.   On all other streets and roads, any more than three commercial vehicles is required a special use permit with the vehicle(s) setback 250 feet from the front property line and 200 feet from the interior property lines.
   This regulation shall not be interpreted to prohibit commercial vehicles from loading or unloading within a reasonable time in any residential district.
   This is not to include any such commercial vehicles used, manufactured, or designed for hazardous waste which are prohibited from residential districts.
   This is not intended to allow the maintenance, as in changing of hazardous fluids and washing of contamination onto the ground, of the commercial vehicle parked on a residential lot.
   Note: Any commercial vehicle(s) associated with a commercial business operation, not specifically identified as a permitted use in this section, which is not a legally grandfathered nonconforming use, is not allowed unless a special use rezoning is granted by the county.
   (12)   Two-family dwellings (duplex).
      a.   A duplex dwelling is counted as two units in density calculations and is permitted based on the density allowance in subsection (b)(1).
      b.   A duplex dwelling is established on a common lot with no zero lot line separating the two living areas.
   (13)   Two-unit townhouse.
      a.   A zero lot line along the common wall can be established creating a two-unit townhouse only prior to construction of the structure to ensure that it meets appropriate building and fire code standards, as established by the NC Residential Building Code. Exception will be given to those units originally constructed to townhouse standards.
      b.   A zero lot line can be established as long as the opposing lot line is twice the setback required in subsection (d).
      c.   Such lots created must meet all lot design standards, subdivision requirements, and subdivision review procedures as set forth in this Code. Additionally, each lot created must be able to support its own separate septic system.
      d.   A plat must be submitted to the planning board for review and approval in accordance with article III of this Code. Such plat must include a site plan showing the townhome location, septic system, driveways, and setbacks.
      e.   For clarification, a duplex as described in this chapter cannot be converted into a two-unit town home with the establishment of a zero lot line unless it was initially constructed to townhouse standards.
      f.   An agreement must be in place and recorded in the office of the register of deeds to ensure proper maintenance of the structure.
   (14)   One junked motor vehicle.
   (15)   Up to 200 square feet of junk.
   (16)   Storage buildings provided such buildings meet the following criteria:
      a.   Maximum size of 2,000 square feet.
      b.   Shall not be located within a major subdivision.
      c.   Shall be for personal storage and use as associated with the other permitted uses in the Agricultural Residential Zoning District with no commercial, industrial or business storage or associated uses.
      d.   Setbacks shall be 70 feet from an arterial or collector street, 50 feet from a local street, and 20 feet from interior lot lines.
   (c)   Conditional zoning districts. For the agricultural-residential district, a parallel conditional zoning district is authorized for establishment, pursuant to G.S. 160D-703.
   (1)   Utilities and public works facilities such as water and wastewater treatment plants; sludge treatment, handling, and disposal facilities; ground and elevated water tanks; power generating plants; electrical transformer and switching stations; transmission lines; and solid waste collection and transfer stations.
      a.   Such facilities are essential to the service of the area;
      b.   In the case of transformer stations, pumping stations, water towers, and telephone exchange, no vehicles or materials shall be stored on the premises, and no offices shall be permitted;
      c.   All buildings shall be set back at least 20 feet from all property lines and shall be designed and landscaped with a buffer strip in such a way as to blend in with the surrounding area; and
      d.   All dangerous apparatus shall be enclosed by a screen fence or wall at least eight feet in height.
   (2)   Rest and convalescent homes. Rest and convalescent homes not used primarily for the treatment of contagious diseases, alcoholics, drug addicts, or psychotics.
   (3)   Farm enterprises. Farm-type enterprises when not considered as being part of bona fide farms such as plant nurseries, commercial greenhouses, fruit or vegetable packing sheds, retail sale of products grown on premises, hatcheries, tobacco storage for sales, livestock sales, and similar commercial and processing activities, provided:
      a.   Any farm-type enterprise (building or structure) shall be at least 100 feet from any existing residence on adjacent tracts of land and shall be at least 50 feet from any exterior property line adjacent to tracts of residential land.
      b.   Otherwise, when adjacent to nonresidential lots, the minimum required setbacks of subsection (d) of this section shall apply.
   (4)   Seasonal retail sales stands. Temporary stands for seasonal retail sales may be located in the front yard and shall be located at least 40 feet from the edge of the right-of-way of a street.
   (5)   Community center.
   (6)   Commercial kennels.
   (7)   Day care center.
   (8)   Group home facility.
   (9)   Migrant housing dormitories.
   (10)   Radio/TV towers.
   (11)   Skeet, trap and rifle clubs.
   (12)   Subdivisions that request residential sewer service of up to 1.5 dwelling units per acre that lie within the Outlying Residential Sewer Service Area, and are contiguous or immediately adjacent to existing residential development with public sewer service, and must be able to be served by construction of new gravity lines (no new pump station required) which will be tributary to existing sewer infrastructure.
   (d)   Minimum building setback requirements. 
   (1)   The minimum building setback from a property or right-of-way line for a one dwelling unit per acre development shall be as follows:
      a.   From any arterial or collector street, 70 feet.
      b.   From any local street not in a major subdivision, 50 feet.
      c.   From any local street in a major subdivision, 25 feet.
      d.   From any interior lot line, ten feet.
      e.   From any access easement, 15 feet.
   The 70-foot setback in subsection (d)(1)a. is derived from the current application of setbacks (60-foot buffer area plus ten-foot building setback from the buffer line).
   NOTE: A "zero lot line" is allowed whereby a structure is allowed with no setback from one interior lot line as long as the minimum building setback for the corresponding opposite interior lot line is a minimum of 20 feet.
   (2)   The minimum building setback from a property or right-of-way line for a 1.5 dwelling unit per acre development shall be as follows:
      a.   From any arterial or collector street, 70 feet.
      b.   From any local street not in a major subdivision, 50 feet.
      c.   From any local street in a major subdivision, 20 feet.
      d.   From any interior lot line, five feet.
      e.   From any access easement, 15 feet.
   NOTE: A "zero lot line" is allowed whereby a structure is allowed with no setback from one interior lot line as long as the minimum building setback for the corresponding opposite interior lot line is a minimum of ten feet.
   (3)   Drainage and utilities easements within major subdivisions. 
      a.   Drainage and public utility easement ten feet in width on the lot side and along the entire length of the road right of way.
      b.   Drainage and public utility easement seven and one-half feet in width or width of required minimum setback as described in subsections (1) and (2), whichever is less restrictive, along all interior property lines and exterior boundary lines.
   (e)   Maximum building height requirements. The maximum building height for residential structures shall be 40 feet.
   (f)   Provision of common open space or recreation area requirements. All residential developments shall provide or dedicate common open space or recreation areas suitable for the residents' common passive or active recreational uses or make a payment in lieu of provision or dedication. Design criteria can be found in the design manual.
   (g)   Minimum common open space or recreation area. Where common open space or recreational area must be provided or dedicated as part of a residential development, its total land area shall be at least 15 percent of the total gross land area of the development. Where amenities are proposed, a reduction in the required minimum acreage may be approved by the planning board. For subdivisions with less then two acres of open space, the planning board shall determine if the location, design, use, and area provide a benefit to the community, require revision, or proposal of fee-in-lieu.
   The required open space shall be contiguous, unless it is determined by the planning board that the required open space can be split and located at different places in a subdivision. Wherever possible, open space and recreation areas should be located as to abut existing open space in adjacent developments or phases. If a proposed subdivision contains wetlands and/or riparian or stream buffer areas, or overhead electric utility easements, they must be designated as common open space. However, these areas will not count toward the amount of required open space. No off-site septic areas for the benefit of residential lots can be included within the open space.
   Any proposed reduction or change involving previously recorded open space must be approved by the planning board. The applicant must provide sufficient information on why the change is requested and why no other alternative exists.
   (h)   Method of provision or dedication. Land provided or dedicated for common open space or recreation purposes shall be designated on a final plat duly recorded with the county register of deeds. Amenities shall be designated on the final plat and shall be specific as to type of amenity/use. Design criteria can be found in the design manual. Such common open space land shall be dedicated or deeded to an appropriate public body upon their acceptance, land trust, nonprofit, or for-profit organization established for the purpose of land conservation or recreational purposes; or create a neighborhood or homeowner's association for the continuing maintenance and control of common open space or recreation area; or, held by the owner for the continuing maintenance and control of common open space or recreation area, subject to a binding agreement with financial surety for such maintenance.
   (i)   Payments in lieu of provision or dedication. In lieu of providing or dedicating common open space or recreation area required pursuant to this section, a developer of a subdivision or planned development may choose to make a payment to the county. As noted in subsection (g), if the required open space to be provided is less than two acres the planning board shall determine if fee-in-lieu shall be required. The county shall use such payment only for the acquisition of open space, recreation, or park sites to serve more than one subdivision or development within the immediate area. The amount of the payment shall be the product of the total number of dwelling units recorded multiplied by the fee established in the county's annual schedule of fees. The developer shall make the payment before approval of a final plat, however, the planning director may allow phasing of payments consistent with the approved phasing of the subdivision.
   The developer has the option to request a reduction of the required minimum common open space to no less than 10 percent of the total gross land area of the development and pay a prorated payment in lieu of dedication for the balance. The design criteria outlined in this chapter, with the exception of the percentage requirement, as well as those detailed in the Johnston County Design Manual shall be met in order to qualify for the prorated amount. The planning board shall determine that the provided open space is designed to meet the criteria outlined in this chapter and the Johnston County Design Manual prior to prorating the amount.
   (j)   Access to open space. All open space must be pedestrian accessible. Open space not contiguous to a proposed subdivision street must have a minimum of a 20-foot fee-simple access.
   (k)   Alternative energy systems. Provisions of sections 14-115 through 14-120 shall apply.
(Ord. of 7-10-2000, § 4.4.1; Ord. of 11-13-2000, § 4.4.1; Ord. of 2-12-2001, §§,; Ord. of 7-9-2001; Amend. of 5-12-2003(1); Amend. of 8-11-2003; Amend. of 2-9-2004; Amend. of 7-12-2004, §§ A), B); Ord. of 12-12-2005; Amend. of 12-12-2005(1); Amend. of 5-1-2006(1); Ord. of 12-4-2006; Amend. of 2-5-2007(1); Amend. of 8-6-2007; Amend. of 10-1-2007; Amend. of 6-2-2008(3); Amend. of 8-3-2009; Amend. of 1-4-2010(1); Amend. of 2-3-2010(1); Amend. of 1-3-2011; Amend. of 2-7-2011; Amend. of 9-6-2011; Amend. of 7-1-2013; Amend. of 2-3-2014; Amend. of 11-7-2016; Amend. of 3-5-2018; Amend. of 3-4-2019; Amend. of 8-3-2020; Amend. of - - )