(A) Note 1: For related family members only of the owner who shall reside at the residence.
(B) Note 2: No enterprise shall be located less than 200 feet from any residential district. Where all buildings and exercise areas are enclosed and soundproofed, the foregoing space separating the use from residential districts shall not be required.
(C) Note 3: A bed and breakfast inn may be established in R40, R12, R6 and RMF Residential Districts and in the B2 Commercial District in accordance with the standards below.
(1) The maximum number of guest bedrooms for each proposed bed and breakfast inn shall be 4 unless the applicant can demonstrate that the original floor plan of the structure contained a larger number of bedrooms, in which case, the original number of bedrooms may be approved as allowable guest lodging.
(2) The operator shall be a full-time resident of the premises.
(3) The serving of meals to guests shall be limited to breakfast only.
(5) Signs for bed and breakfast inns shall be limited to 1 ground sign per establishment. A sign shall not exceed 5 square feet and shall not be illuminated and shall be identification sign only. Location of sign shall be governed by sign regulations for district in which establishment is located. No advertising signs of any nature shall be permitted. Establishments located within the B2 district shall comply with sign regulations for that district.
(6) Accessory use associated with a bed and breakfast inn shall be only those permitted in the zoning districts in which the development is located.
(D) Note 4: All childcare facilities are defined by the G.S. § 110-86 as to type and size of facilities.
(E) Note 5: The site for any college, university or seminary shall have an area of at least 10 acres, plus 5 acres for each 100 pupils, or major portion thereof, in excess of 400 pupils. A site shall have a frontage on a major or minor thoroughfare.
(F) Note 6: A maximum of 2,000 gallons of heating fuel shall be permitted. In addition, storage of not more than 2,000 gallons of kerosene for retail sale shall be permitted as an accessory use in B I, B2, I and IP Districts, provided containment in an UL approved (or other approved testing agency) tank/dispensing system or a tank/dispensing system constructed under NFPA Standards. All installations shall be according to the North Carolina Building Code and NFPA Standards and all like installations shall be approved by the Liberty Fire Department. Not more than 2,000 gallons of motor vehicle fuel for genuine agricultural use shall be permitted as an accessory use in any residential district provided containment in an UL approved (or other approved testing agency) tank/dispensing system or a tank/dispensing system constructed under NFPA Standards. All installations shall be according to the North Carolina Building Code and NFPA Standards and all like installations shall be approved by the Liberty Fire Department.
(G) Note 7: A maximum of 2,000 gallons of heating fuel only shall be permitted.
(H) Note 8: Combustible and flammable liquid stored for retail sales shall be permitted as an accessory in B1 and B2 Districts. Combustible and flammable liquid storage may be considered a by right principle use or an accessory use in the I and IP Districts. Within all of these districts not more than 100,000 gallons aggregate shall be permitted within 1 facility. All storage shall be according to all applicable local, state and federal regulations. If storage facility is principal use of property, it shall be considered a Group 3 buffering and screening purposes.
(I) Note 9: This type of development generally includes more than 1 principal structure and use with associated accessory structures and uses on 1 zoning lot which will not be subdivided into customary building lots. The development as a whole (including all principal structures and accessory structures) may not exceed the permitted FAR for the district in which the development is located. All yard, height, setback, parking, buffer and screening and the like, requirements of this chapter shall be met for the development as a whole.
(L) Note 12: Facilities meeting the definitions established in G.S. Ch. 168, Article 3, Family Care Homes.
(M) Note 13: Open storage yards as accessory uses to a contractor's office are permitted in B2, I and IP districts by right, subject to screening and buffering requirements as per §§ 154.080 through 154.097. Open storage yards shall be considered as a Group 3 use for buffering and screening purposes.
(N) Note 14: Drive inn theaters are subject to the following regulations:
(1) No part of any theater screen, projection booth, or other building shall be located closer that 300 feet from any residential district nor closer than 50 feet from any lot line.
(2) The image on the theater screen shall not be visible from any major or minor thoroughfare or from any residential district.
(3) Queuing space within the zoning lot shall be provided for patrons awaiting admission in an amount equal to 30% of the vehicular capacity of the theater.
(4) No ingress and egress shall be permitted except from major and minor thoroughfares, as shown on the Liberty Thoroughfare Plan.
(5) Emergency exits shall be provided and shall meet the approval of the Liberty Fire Department. Exits may be allowed on local streets.
(6) Any lights used to illuminate the theater site shall be so arranged as to reflect the light away from adjoining property and streets. No unshaded light sources shall be permitted. Necessary safety lighting of roads and buildings, and lighting required by governmental regulations shall be permitted.
(7) The theater site shall be graded, surfaced, drained and suitably maintained to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. Storm water management shall be provided to protect adjoining property from erosion or flooding.
(8) Buffers and screens shall be provided as required by this chapter.
(9) No central loudspeaker system shall be permitted as part of the theater operation.
(10) Sound shall be transmitted by means of individual speakers mounted adjacent to the automobile parking stalls.
(O) Note 15: See § 154.066 above.
(1) Each dwelling unit shall provide complete, separate and independent living facilities for 1 or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Boarding houses, group housing, residential hotels or any residential design which provides for sharing of kitchen or bath facilities shall not be permitted.
(2) All parts of any structure renovated to provide residential units, including parts maintained for non-residential uses, shall fully comply with all applicable provision of the most current edition of the North Carolina State Building Code, as it may be amended from time to time. The following chapters of the North Carolina Building Code are listed as an example of the requirement to be met. (This list is not meant to be all inclusive):
(a) Chapter III “Fire District;”
(b) Chapter IV “Occupancy Classification;”
(c) Chapter V “Special Occupancy Requirements;”
(d) Chapter VII “Fire Protection Requirements;”
(e) Chapter X “Safety to Life Requirements for Existing Buildings;” and
(f) Chapter XI “Means of Egress Requirements, Exits and Exits Access.”
(3) All renovated residential units shall meet the requirements of the Liberty Minimum Housing Code.
(4) No residential conversion shall be permitted on any ground floor.
(5) The area, yard and height requirements as set forth in§ 154.066 shall apply to any residential conversion under this section.
(7) The owner of each building offering residential units shall provide evidence to the town that for each unit within the building 2 off-street parking spaces are provided. Parking shall be convenient to the units and shall have a safe walking route to the unit.
(8) Plans detailing the proposed conversion shall be submitted as part of the application for zoning compliance. The plans shall be specific to the requirements of the North Carolina Building Code and all requirements of this section. The Randolph County Building Inspection Department shall be provided with a copy of the plans. A report by the Randolph County Building Inspection Department shall be required as part of the review process.
(Q) Note 17: Open storage yards as accessory uses to an exterminator's office are permitted in B2 and I Districts by right, subject to screening and buffering requirements as per §§ 154.080 through 154.097. Open storage yards shall be considered as a Group 3 use for buffering and screening purposes.
(R) Note 18: Minimum lot area shall be at least 6,000 square feet. The maximum floor area ratio shall be as permitted in § 154.066. A minimum of 250 square feet of floor area shall be provided for each resident. Signs shall be regulated as per §§ 154.160 through 154.178. Off-street parking shall be regulated as per §§ 154.135 through 154.147. Evidence of authentication of chapter shall be submitted with an application for certificate of zoning compliance.
(S) Note 19: Accessory to a permitted health services use only.
(T) Note 20: Shall be subject to the following limitations:
(1) No home occupation shall be permitted that:
(a) Changes the outside appearance of the dwelling unit or is visible from a street;
(b) Generates traffic, parking, sewage or water use in excess of that which is normal in a residential district;
(c) Creates a hazard to persons or property or is a nuisance per se or per accidents;
(d) Utilizes any accessory structure;
(e) Results in outside storage or display of anything; and
(f) Results in the erection of any sign for advertising purposes.
(2) The following are permitted home occupations in all residential districts, provided that they meet the requirements of A, above:
(a) Dressmaking, sewing and tailoring;
(b) Painting, sculpting and writing;
(c) Telephone answering service;
(d) Home crafts such as weaving, lapidary, potting;
(e) Tutoring of no more than 4 students at a time;
(f) Computer programming and other home offices which do not require clients/customers to visit the home or create conflicts with other provisions of this note; and
(g) Music teaching.
(3) The following are prohibited as home occupations:
(a) Animal hospitals;
(b) Physicians, dentists and chiropractors;
(c) Dance studios;
(d) Exercise studios;
(e) Mortuaries;
(f) Nursery schools;
(g) Private clubs;
(h) Repair shops;
(i) Restaurants;
(j) Retail sales;
(k) Stables and kennels; and
(l) Automotive repair and paint shops.
(U) Note 21: All activities, with the exception of animal exercise areas, shall be conducted within an enclosed, soundproofed building. Exercise areas shall observe as 200 foot setback from any residential district. The disposal methods for wastes generated shall be reviewed and approved by the Randolph County Department of Health.
(V) Note 22: Open storage yards as accessory uses to a lumber and building materials sales use are permitted in B2 and I Districts by right, subject to screening and buffering requirements as per §§ 154.080 through 154.097. Open storage yards shall be considered as a Group 3 use for buffering and screening purposes.
(W) Note 23:
(1) The Zoning Administrator shall use the following criteria in determining the classification of mobile homes:
(a) Roof pitch. The pitch of the main roof of the building shall have a minimum rise of 2.4/12;
(b) Exterior finish. The exterior materials shall be a texture, color, material, and scale compatible with those existing in the immediate vicinity and in no case shall the degree of reflectivity of exterior finishes exceed that of gloss white paint;
(c) Foundation. A continuous permanent masonry foundation, unpierced except for required ventilation and access shall be installed under all elements of the building; and
(d) Chassis and tongue removal. Undercarriage of the chassis shall be removed upon final placement of unit. Towing tongue may be removed if attached by bolts or anchor or similar removable method. If towing tongue is not removed, then tongue must be included within masonry foundation.
(2) In additional to meeting classification standards any home permitted on an individual lot shall be located so that its longest dimension is parallel to or at least not less than 30 degrees from parallel to the front of the lot. For the purpose of this regulation in the case of a corner lot the street with the greatest frontage shall be considered the front.
(X) Note 24: Mini-warehouse facilities shall meet the following requirements:
(1) Facilities shall have access for ingress and egress to a major or minor thoroughfare, as shown on the Liberty Thoroughfare Plan;
(2) Facilities shall be used only for dead storage of materials or articles and shall not be used for assembly, fabrication, processing or repair;
(3) Open storage shall be limited to 10% of the area of the zoning lot;
(4) The storage of junk is prohibited; and
(5) The facility shall be enclosed within a perimeter fence or wall of at least 8 feet in height. The wall or fence shall be coordinated with the requirements for screening and buffering which shall, if required, govern location and type.
(Y) Note 25: Recycling collection points may be located in residential districts as an accessory use to public and quasi-public facilities. Those areas shall meet the screening and buffering regulations for Group 2 uses.
(BB) Note 28: All radio & TV receiving antenna and dish installations shall comply with all regulations of this chapter for setback, height and buffer and screening.
(CC) Note 29: Rental of domestic vehicles may be an accessory use to an established airport/heliport and similar transportation facilities.
(DD) Note 30: Accessory use to Planned Unit Developments.
(EE) Note 31: This use is to be included in the definition of day care facilities and regulated as so.
(FF) Note 32: Schools that meet the compulsory educational requirements of the State of North Carolina. Schools located within commercial districts shall meet lot area, setback, height and buffering, and screening requirements as established for the special use permit for schools, public, private, elementary and high school.
(GG) Note 33:
(1) Accessory structures shall be permitted in all districts subject to the floor area ratio (FAR) restrictions in those districts where FAR applies. In no instance shall the FAR of all permitted structures exceed the maximum permitted for that lot;
(3) Mobile homes shall not be considered as portable accessory structures. No utilities, except electrical service, may be connected to portable accessory structures that are used as storage units. Portable accessory structures shall be permitted for use as storage units pursuant to the following conditions.
(a) R40 Zoning District. Mobile homes are not permitted as accessory structures. Tractor-trailer bodies and rolloffs shall be permitted as accessory structures provided they are screened from view from a public right-of-way in a manner in compliance with § 154.082 and are located in the rear yard of the primary structure. Mobile homes, tractor-trailer bodies and rolloffs existing at the time of the adoption of this chapter shall be considered nonconforming and must remain in compliance with the provisions of the §§ 154.265 through 154.279 or be removed.
(b) RMF, R6, R12 and B1 Zoning Districts. No mobile homes, tractor-trailer bodies and rolloffs shall be permitted as accessory structures. Mobile homes, tractor-trailer bodies and rolloffs existing at the time of the adoption of this chapter shall be considered a nonconforming use and must remain in compliance with the provisions of §§ 154.265 through 154.279 or be removed.
(c) B2 and I Zoning Districts. Mobile homes are not permitted as accessory structures. Tractor-trailer bodies and rolloffs shall be permitted as an accessory structure provided they are screened from view from public rights-of-way in a manner in compliance with § 154.082. Mobile homes, tractor-trailer bodies and rolloffs existing at the time of the adoption of this chapter shall be considered a nonconforming and must remain in compliance with the provisions of §§ 154.265 through 154.279 or be removed tractor-trailer bodies and rolloffs that are in the process of being loaded or unloaded at an off-street location are not considered accessory structures provided they are not located on the property for more than 90 days.
(d) IP Zoning District. Mobile homes are not permitted as accessory structures. Tractor-trailer bodies and rolloffs shall be permitted as accessory structures provided they have had their road wheels removed, have a permanent masonry foundation installed, and are screened from view from a public rights-of-way in a manner in compliance with § 154.082. Mobile homes, tractor-trailer bodies, and rolloffs existing at the time of the adoption of this chapter shall be considered nonconforming and must remain in compliance with the provisions of §§ 154.265 through 154.279 or be removed. Tractor-trailer bodies and rolloffs that are in the process of being loaded or unloaded at an off-street location are not considered accessory structures provided they are not located on the property for more than 90 days.
(4) Accessory detached structures including, but not limited to storage shed, storage tank, greenhouse, horse stall, gazebo or garage shall be permitted in residential districts provided that all of the following are met:
(a) There shall be a primary structure located on the lot;
(b) In the R40 and R12 Districts, accessory structures shall be located no closer than 10 feet to any lot line;
(c) In the R6 and RA/IF Districts, accessory structures shall be located no closer than 5 feet to any rear lot line or no closer than 5 feet to any side lot line; and
(d) If the accessory structure is to be used for an accessory apartment, the same setback requirements in division (GG)(3) above shall be met. However there can be no dwelling unit closer than 10 feet to the accessory apartment as per the North Carolina Building Code.
(5) Accessory structures shall be limited to 25 feet in height except television and radio receiving and transmitting antenna and their supporting structures which shall be permitted to exceed this limit. No antenna shall be permitted to exceed 75 feet in height in any residential district or 100 feet in any other district except as permitted in § 154.018.
(HH) Note 34: Temporary buildings shall be removed within 15 days of issuance of the certificate of occupancy to which the temporary building was an accessory during the construction.
(II) Note 35: Not more than 2 sales shall be permitted per calendar year. Each sale shall not continue for more than 7 consecutive days or 2 consecutive weekends.
(JJ) Note 38: The use, therapeutic health massagist, is defined in the town code.
(KK) Note 39: Places of assembly shall only be located on a major thoroughfare as shown on the current Liberty Thoroughfare Plan.
(LL) Note 40: All recreation and amusement services, commercial, shall only be located along a major or minor thoroughfare as shown on the current Liberty Thoroughfare Plan.
(MM) Note 41: Storage of not more than 2,000 gallons of motor fuels for use by agricultural-genuine or golf courses, where allowed, shall be permitted as provided containment in an UL approved (or other approved testing agency) tank/dispensing system or a tank/dispensing system constructed under NFPA standards. Any installation for the storage of motor fuels shall meet NFPA pamphlet # 30 requirements for the containment of spillage, and North Carolina State Building Code/NFPA Standards. All installations shall be approved by the Liberty Fire Department.
(NN) Note 42: Concerts are also permitted in all public school facilities and all public parks without regard as to zoning district.
(OO) Note 43: Clubs and related activities operated for members only and not available for public use. Related activities may include dining and other food and beverage services.
(PP) Note 44: Childcare centers are permitted as an accessory use to a church, synagogue or nonprofit organization use. The center may not exceed 25% of any measurement of the principal use (square footage, land area, parking and the like).
(QQ) Note 45: This type of development generally includes more than 1 principle structure and use with associated accessory structures and uses on 1 zoning lot which will not be subdivided into customary building lots. The development as a whole (including all principal structures and accessory structures) may not exceed the permitted FAR as specified in § 154.067. All yard, height, setback, parking, buffer and screening and the like requirements of this chapter shall be met for the development as a whole.
(RR) Note 46:
(1) A special use permit shall not be required for public facilities which are developed as part of a new residential subdivision. However, the following standards shall be met:
(a) The uses shall be restricted to waste treatment plants, water treatment plants, pumping stations, lift stations, telephone exchanges, electrical transmission and distribution substation locations and similar uses required to serve the needs of the immediate residential, office and commercial districts. Specifically excluded are energy generation plants, freight and marshaling yards, terminals and similar use;
(e) All structures permitted under this section shall be planned and constructed to be harmonious with the area in which they are located. In addition to plans required, elevations shall be submitted indicating final appearance in compliance with this subsection; and
(f) The parking areas and walkways shall be illuminated for public safety at night. However, lighting shall be designed so as not to disturb adjacent properties.
(2) Any lot created for a public facility which is to be in public ownership shall not be required to meet lot area and width regulations as established in § 154.066. All like lots shall abut a dedicated public street.
(SS) Note 47: A zoning compliance permit is required. This classification is not for temporary sales.
(TT) Note 48: A zoning compliance permit is required. This classification is not for temporary sales.
(UU) Note 49: A zoning compliance permit is required. Certain requirements of this chapter do not apply, specifically §§ 154.082, 154.084, 154.085, 154.086 and certain parking regulations as specified in §§ 154.135 through 154.147. A zoning lot may be utilized for this use two times within any calendar year. Each occurrence of this use on a zoning lot shall be limited to 60 days.
(VV) Note 50: A zoning compliance permit is required. Certain requirements of this chapter do not apply, specifically §§ 154.082, 154.084, 154.085, 154.086 and certain parking regulations as specified in §§ 154.135 through 154.147. A zoning lot may be utilized for this use two times within any calendar year. Each occurrence of this use on a zoning lot shall be limited to 60 days.
(WW) Note 51: This is an accessory activity to the principal use of the zoning lot. Required parking spaces, maneuvering space or driveways shall not be used for sales or display.
(XX) Note 52: See § 154.098 in supplemental regulations for solar farm(s) located in I and IP Industrial Zoning District(s).
(YY) Note 53: See § 154.240 in special use regulations for solar farm(s) located in R40 Residential Zoning Districts.
(ZZ) Note 54: See § 154.221.
(1981 Code, Article 400, Note File) (Ord. passed 6-28-2004; Am. Ord. passed 7-6-2015; Am. Ord. passed - - ; Am. Ord. passed 8-8-2023)