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Sec. 14-74. - Reserved.
   Editor's note—Amend. of 12-06-2010 deleted § 14-74, which pertained to minimum street frontage width and derived from Ord. of 7-10-2000, § 4.3.1.
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, §§ 4.4.1.3, 4.4.1.6.1; 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 - - )
Sec. 14-76. - Resort residential district (RR).
   (a)   Intent. The regulations of the resort residential district are intended to ensure that the principal use of the land is for low-to-medium density seasonal residential-recreational purposes.
   (b)   Permitted uses. The following uses shall be permitted as a principal use in the resort residential district:
   (1)   Single-family conventionally constructed dwellings, including semidetached dwellings or resort homes intended to be used as a seasonal or recreational occupancy.
   (2)   Accessory buildings or structures.
   (c)   Site plan required. The uses listed in this subsection are permitted in a resort residential district, and may be established only after the approval of a detailed site plan, consistent with the design standards of this article is presented to and approved by the planning director:
   (1)   Campgrounds intended to be used for recreational purposes only for tents, campers, travel trailers and recreational vehicles, provided such site is no less than two acres in area. Furthermore, each proposed facility shall be subject to approval of the county health department.
   (2)   Marinas.
   (3)   Boat service stations.
   (4)   Restaurants, accessory to a principal use.
   (5)   Retail establishments, such as novelty shops, camping and fishing supply stores, convenience shops, and similar supportive establishments that are directly related to rural recreation activities.
   (6)   Saddle, hunting, fishing, boating and other clubs directly related to rural recreational activities.
   (d)   Minimum land area. The following minimum land areas shall be required in the resort residential district:
   (1)   The minimum land area for a single-family lot with an individual well and septic tank shall be no less than 40,000 square feet.
   (2)   The minimum land area for a single-family lot connected to a public water supply system shall be no less than 30,000 square feet.
   (e)   Minimum lot width. The minimum lot width in a resort residential district shall be 100 feet.
   (f)   Minimum building setback requirements. The minimum building setback requirements in the resort residential district shall be as follows:
   (1)   From any arterial or collector street, 60 feet.
   (2)   From any local street not in the resort residential project, 50 feet.
   (3)   From any local street within the resort residential project, ten feet.
   (4)   From any interior lot line, 20 feet.
   (5)   From any access easement, 15 feet.
   (g)   Maximum building height requirements. The maximum building height in a resort residential district shall be 40 feet.
   (h)   Alternative energy systems. Provisions of sections 14-115 through 14-119 shall apply.
(Ord. of 7-10-2000, § 4.4.2; Ord. of 7-9-2001, Amend. of 7-12-2004, § B; Amend. of 9-6-2011)
Sec. 14-77. - Residential-mobile home park district (R-MHP).
   (a)   Intent. The regulations of the residential-mobile home park district shall govern the placement and establishment of every new mobile home park and the alteration or expansion of existing mobile home parks lying within the planning jurisdiction of the county. Mobile home parks shall be permitted only in conformance with the regulations of this chapter and only on lands properly zoned to the MHP district.
   (b)   Classification. Mobile homes are classified into two categories as follows:
   (1)   Class A. Manufactured housing units which meet both state and U.S. Department of Housing and Urban Development Mobile Home Construction Standards, and are in a subdivision of lots for sale.
   (2)   Class B. Manufactured housing units which meet state and U.S. Department of Housing and Urban Development Mobile Home Construction Standards, and are in a mobile home park with leased or rental spaces.
   (c)   Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   Automobile, abandoned, means a motor vehicle which is left on private property without the consent of the owner, occupant, or lessee of the property.
   Manufactured home means a portable manufactured housing unit, over 32 feet in length and over eight feet in width, designed for transportation on its own chassis and placement on a temporary or permanent foundation. The term shall also include a doublewide housing unit which is two or more portable manufactured housing units, over 32 feet in length and eight feet in width, designed for transportation on their own chassis, which connect on site for placement on a temporary or permanent foundation.
   Mobile home means a structure that:
   (1)   Consists of a single unit substantially assembled at the factory or of two (doublewide) or three (triplewide) principal components totally assembled at the factory and joined together at the site;
   (2)   Is designed so that the total structure (or in the case of a doublewide or triplewide, each component thereof) can be transported on its own chassis;
   (3)   Is over 32 feet long and over eight feet wide;
   (4)   Is designed to be used as a dwelling and provides complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation;
   (5)   Is actually being used, or is held ready for use, as a dwelling; and
   (6)   Is not permanently attached to a foundation. A structure that is otherwise defined in this definition as a mobile home is permanently attached to its foundation if:
      a.   The foundation was constructed in such a way or at such expense as to make it unlikely that the mobile home placed upon it will later be removed; or
      b.   The mobile home cannot be removed from the foundation without great expense or severe damage to the mobile home.
   Mobile home lot means a piece of land within a mobile home park whose boundaries are delineated in accordance with the requirements of the article and that is designed and improved in accordance with the requirements of the article to accommodate one mobile home.
   Mobile home park major collector street means any mobile home park street or road intersecting or providing direct access to a state-maintained road, or a street that regularly serves 40 percent of the residents of the park.
   Mobile home park minor collector street means any mobile home park street or road serving only to provide access to the individual spaces.
   Mobile home space means a plot of land within a mobile home park designed for the accommodation of a single mobile home in accordance with the requirements set forth in this article.
   Mobile home stand or pad means that portion of the mobile home space designed for and used as the area occupied by the mobile home proper.
   Modular or prefabricated construction means construction of prefabricated units which are fabricated prior to erection or installation in a building or structure, and may be shipped to their final on-site location. A manufactured home is considered a mobile home if a title is issued for the home when manufactured and would be considered personal property. If no title is issued, the home is considered real property rather than personal property.
   Operator means the person responsible for the operation of a mobile home park.
   Parking bay means two off-street parking spaces per mobile home space.
   Public or community sewer system means any sewer system serving three or more connections.
   Public or community water supply system means a water system serving three or more mobile homes, thereby requiring approval by the state division of health services.
   Rental mobile homes means mobile homes that are available on a rental or lease basis.
   Travel trailer means any vehicle, house car, camp car, or any portable or moveable vehicle on wheels, skids, rollers, or blocks either self-propelled or propelled by any other means which is used or designed to be used for residential living, sleeping, commercial, or utility purposes, but not including those vehicles primarily designed for the transportation of goods.
   Underpinning means metal, vinyl, brick, block, or other approved skirting material around the mobile home base.
   (d)   Permitted uses. The following uses are permitted as a principal use in a residential-mobile home park district:
   (1)   An individual mobile home that utilizes a public water and sewer system at a maximum density of 1.5 dwelling units per acre (based on the net usable* land area of the mobile home park; or
   (2)   An individual mobile home that utilizes a public water system and septic tank at a density of 1.5 dwelling units per acre (based on the net usable* land area of the mobile home park).
      *Note: Net usable land area excludes floodplains, right-of-ways, wetlands and riparian buffers.
   (e)   Minimum internal building setback. Where no individual lot lines internal to the mobile home park exist, each mobile home shall be no closer than 20 feet from another mobile home.
   (f)   Minimum building setback requirements. The minimum building setback in a mobile home district shall be as follows:
   (1)   From any arterial or collector street, 60 feet.
   (2)   From any local street not within the mobile home park, 50 feet.
   (3)   From any street within the mobile home park, 20 feet.
   (4)   From any interior lot line, ten feet.
   Accessory buildings may be constructed in the rear yard provided they are no larger than ten feet by ten feet and no closer than ten feet from any adjoining lot line.
   (g)   Utility requirements. All mobile home parks shall conform to the following utility requirements:
   (1)   An accessible adequate, safe supply of water shall be provided in each mobile home park. When a municipal or county water supply is not available, a community water supply shall be developed and its supply used exclusively in accordance with the standards of the state division of health services and the county environmental health department.
   (2)   Adequate and safe sewage disposal facilities shall be provided in all mobile home parks. Collection systems and sewage treatment plants complying with the requirements of the state natural resources and community development department shall be provided. Plans for sewage collection systems and treatment facilities shall be submitted to the state natural resources and community development department and the county environmental health department. Individual septic tank systems can be considered, if soil, topography, and groundwater conditions are favorable.
   (3)   All utilities shall be underground.
   (h)   Streets and parking. All mobile home parks shall conform to the following street and parking requirements:
   (1)   All streets in mobile home parks shall be paved.
   (2)   Maintenance of such streets shall be provided by the owner or operator of the park, who will be required to post a bond for the first year's maintenance, amount and terms to be determined by the planning director.
   (3)   Permanent dead-end streets or culs-de-sac shall not exceed 1,000 feet in length and shall be provided with a turnaround of at least 100 feet in diameter.
   (4)   New street names or mobile home park names shall not duplicate, or be similar to, existing street names or mobile home park names in the county. The mobile home park developer shall be required to provide and erect street name signs to state standards at all intersections within the mobile home park.
   (5)   Sidewalks, or a paved pedestrian walkway, shall be provided along all streets within the mobile home park.
   (6)   A minimum of two automobile parking spaces surfaced with an all weather surface shall be provided adjacent to each mobile home space but shall not be located within any public right-of-way or within any street in the park.
   (7)   All spaces within a mobile home park shall be serially numbered for mailing address purposes. These numbers shall be displayed in the front of the mobile home on the driveway side with four-inch lettering.
   (8)   All streets in the mobile home park shall be adequately illuminated. The minimum street light shall be a 175-watt mercury vapor approximately 7,000 lumen class, or its equivalent, spaced at intervals of not more than 300 feet and at each intersection.
   (i)   Recreation areas. All mobile home parks shall provide a play lot of 300 square feet suitable for active play and a 10,000 square foot area for active or passive recreation, with a minimum area of 10,000 square feet for every 25 dwelling units.
   (j)   Mobile home park use/appearance requirements. All uses within a mobile home park shall conform to the following regulations:
   (1)   Abandoned vehicle. No junked or abandoned vehicles shall be allowed.
   (2)   Additions. No living compartment or structure other than a "Florida-Type" room, or other prefabricated structure, specifically designed for mobile home use or extension, shall be added to any mobile home. Porches covered with a roof and open on three sides may be permitted if yard space requirements of this article are not violated.
   (3)   Administrative office. Within a mobile home park, one mobile home may be used as an administrative office.
   (4)   Building proportion. The main portion of the building, when viewed from the front lot line, shall have a building length not exceeding six times the building width.
   (5)   Chassis and tongue removal. The wheels, towing tongue and undercarriage of the chassis shall be removed upon final placement of the unit.
   (6)   Evacuation plan. Each mobile home park in a community's floodprone area shall have an evacuation plan indicating alternate vehicular access and escape routes. All mobile homes to be placed in floodprone areas shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top ties at each of the four corners of the mobile home with two additional ties per side at intermediate locations.
   (7)   Exterior appearance. All mobile homes shall meet the following standards:
      a.   Each mobile 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, pierced or loose;
      b.   Each mobile home shall either have a brick curtain wall or have ABS plastic color skirting with interlocking edges (keylocked) installed around the perimeter of the home before a certificate of occupancy is issued. Skirting shall be attractive and in good condition, not pierced, and shall be laid-up in an attractive, workmanlike manner;
      c.   Each mobile home having a painted exterior, shall have the exterior paint in good condition, not peeling or any rust showing through;
      d.   All windows and doors shall be intact and in working condition; and
      e.   Permanent steps, meeting the state building code shall be in place.
   (8)   Mailboxes. When more than five rural mailboxes are used for mail delivery, the approval of the local post office department and the district highway engineer shall be required.
   (9)   Project identification sign. Mobile home park identification signs shall not exceed 32 square feet in area and shall not exceed 12 feet in height. Only indirect, nonflashing lighting shall be used for illumination.
   (10)   Sidewalks. Sidewalks shall be located on at least one side of each street within the mobile home park.
   (11)   Solid waste. The mobile home park management shall be responsible for the proper storage, collection, and disposal of solid waste as specified by the county health department.
   (12)   Resident requirements. All mobile home park residents must be required to comply with an established set of requirements through contracts, restrictive covenants, or other valid means. Failure to enforce such restrictions subjects the property to a revocation of the mobile home park zoning.
   (k)   Landscape requirements. All mobile home parks shall be landscaped in accordance with article VI of this chapter. A landscaped buffer strip shall be provided at all exterior property lines and shall consist of an approved wall, fence, or a planted strip at least eight feet in width, composed of deciduous or evergreen trees or a mixture of each, spaced not more than 20 feet apart and not less than one row of dense shrubs, spaced not more than five feet apart and five feet in height; after one growing season, which shall be planted and maintained in a healthy, growing condition by the property owner.
   (l)   Conformance with mobile home park standards. It shall be unlawful for any person to construct or engage in the construction of any mobile home park or make any addition or alteration to an existing mobile home park within the county unless a final plan of the mobile home park has been approved in accordance with this section. No new mobile home park or mobile home park addition shall be occupied until a certificate of occupancy has been issued by the county inspections department. The owners, management, or occupants to whom a construction permit for a mobile home park is issued shall operate the park in compliance with this article and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition. The county inspections department may, after due notice, subject to the right of appeal, suspend or revoke the certificate of occupancy for failure to maintain the park in compliance with the provisions of this article. The certificate of occupancy may be revoked for a specific section of a mobile home park which is in violation and occupancy allowed to continue in portions of the park which are in conformity with the certificate of occupancy. The county planning, inspections, and health departments may conduct as many inspections of mobile home parks as are deemed necessary to ensure the compliance of applicable standards.
   (m)   Certificate of occupancy and compliance. The board of commissioners will authorize the inspections department to issue a certificate of occupancy and compliance. A certificate of occupancy must be authorized and issued by the inspections department prior to occupancy of a mobile home park. Construction must conform to the approved plan. Note: A certificate of occupancy may be issued if all required work, other than the completion of the foundation skirting, 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.
   (n)   Reserved.
   (o)   Alternative energy systems. Provisions of sections 14-115 through 14-119 shall apply.
(Ord. of 7-11-2000, § 4.4.5; Ord. of 11-13-2000, § 4.4.4; Amend. of 9-6-2011; Amend. of 3-4- 2019; Amend. of - - )
Sec. 14-78. - Office and institutional district (OI).
   (a)   Intent. The regulations of the office and institution district (OI) are intended to provide for the development of general office uses, educational and research facilities, public service offices, institutional and their necessary support functions.
   (b)   Permitted uses. See Sec. 14-90 for table of permitted uses as a principal use in the office and institutional district.
   (1)   Additional specifications. 
      a.   Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.
      b.   Open storage shall be prohibited as a principal and/or accessory use.
   (2)   Alternative energy systems. Provisions of sections 14-121 and 14-122 shall apply.
   (c)   Conditional zoning districts. For the office and institutional district, a parallel conditional zoning district is authorized for establishment, pursuant to G.S. 160D-703. See section 14-90 for table of uses as a special use in the office and institutional special use district. Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.
   (1)   Additional specifications. 
      a.   Public/private utility facilities. Public works and public and private facilities such as water and sewage plants, transformer stations, transmission lines, pumping stations, water towers, and telephone exchanges, provided:
         (i.)   Such facilities are essential to the service of the area.
         (ii.)   No vehicles or materials shall be stored on the premises, and no offices shall be permitted.
         (iii.)   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.
         (iv.)   All dangerous apparatus shall be enclosed by a screen fence or wall at least eight feet in height.
   (d)   Minimum building setback requirements. The minimum building setback shall be as follows in an office and institutional district:
   (1)   From any arterial or collector street right-of-way, 40 feet.
   (2)   From any local street right-of-way, 20 feet.
   (3)   From any interior lot line adjacent to commercial or industrial zoning, ten feet.
   (4)   From any interior lot line adjacent to residential, 20 feet.
   (5)   From any access easement, 15 feet.
   (e)   Maximum building height requirements. The maximum building height for the office and institutional district:
   (1)   Adjacent to a residential zoning district shall be 40 feet.
   (2)   Adjacent to a nonresidential zoning district, no height restrictions.
(Ord. of 7-10-2000, § 4.4.5; Ord. of 7-9-2001; Amend. of 3-8-2004; Amend. of 7-12-2004, § B); Amend. of 12-06-2010; Amend. of 9-6-2011; Amend. of - - )
   Cross reference—Businesses, ch. 6.
Sec. 14-79. - Neighborhood business district (NB).
   (a)   Intent. The neighborhood business district (NB) is intended to provide for the development of commercial and service centers that serve the daily commercial needs, are accessible by residents from the immediate neighborhood, and are of such a nature so as to minimize conflicts with surrounding residential areas.
   (b)   Permitted uses. See section 14-90 for table of permitted uses as a principal use in the neighborhood business district.
   (1)   Additional specifications. 
      a.   Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.
      b.   Open storage shall be prohibited as a principal and/or accessory use.
   (2)   Alternative energy systems. Provisions of sections 14-121 and 14-122 shall apply.
   (c)   Conditional zoning district. For the neighborhood business district, a parallel conditional zoning district is authorized for establishment, pursuant to G.S. 160D-703. See section 14-90 for table of uses as a special use in the Neighborhood Business Special Use District.
   (1)   Additional specifications. 
      a.   [When permitted.] Accessory uses and structures are permitted when located on the same lot as the principal use, within the zoned area.
      b.   [Outdoor storage.] Outdoor storage, as an accessory, must be enclosed by an eight-foot fence; fencing must be opaque or sufficiently screened.
      c.   Public/private utility facilities. Public works and public and private facilities such as water and sewage plants, transformer stations, transmission lines, pumping stations, water towers, and telephone exchanges, provided:
         (i.)   Such facilities are essential to the service of the area.
         (ii.)   No vehicles or materials shall be stored on the premises, and no offices shall be permitted.
         (iii.)   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.
         (iv.)   All dangerous apparatus shall be enclosed by a screen fence or wall at least eight feet in height.
   (d)   Minimum building setback requirements. The minimum building setback requirements for the neighborhood business district shall be as follows:
   (1)   From any arterial or collector street right-of-way, 40 feet.
   (2)   From any local street right-of-way, 30 feet.
   (3)   From an interior lot line adjacent to commercial or industrial zoning, ten feet.
   (4)   From any interior lot line adjacent to residential zoning, 20 feet.
   (5)   From any access easement, 15 feet.
   The setback requirement applies to all accessory structures, including gasoline pumps, underground storage tanks, canopies and other similar structures.
   (e)   Maximum building height requirement. The maximum height of a building in the community business district shall be 40 feet.
(Amend. of 12-06-2010)
(Ord. of 7-11-2000, § 4.4.7; Ord. of 7-9-2001; Amend. of 3-8-2004; Amend. of 7-12-2004, § B); Amend. of 5-1-2006(2); Amend. of 12-06-2010; Amend. of 9-6-2011; Amend. of - - )
   Cross reference—Businesses, ch. 6.
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