Loading...
(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)
SUPPLEMENTAL REGULATIONS
The Use Districts established in § 154.060 above may also be zoned as an Historic Overlay District as designated herein and as shown on the official zoning map. In that case the land is subject to not only the requirements of the underlying use district but also the additional requirements of the Historic Overlay District.
(A) Purpose. The Historic District establishes regulations, which will help maintain the historic integrity of certain areas within the town.
(B) Designation procedure. Historic districts, as provided for in this section, may be designated, amended or repealed through the following procedure:
(1) In investigation and report describing the significance of the buildings, structures, features, sites, or surroundings included in any like proposed district, and a description of the boundaries of the district shall be prepared by the Historic Preservation Commission and a recommendation thereon made to the Planning and Zoning Board;
(2) The North Carolina Department of Cultural Resources, acting through the State Preservation Officer or his or her designee, shall make an analysis of and recommendations concerning the report and the description of proposed boundaries. Failure of the Department of Cultural Resources to submit its written analysis and recommendation to the town within 30 calendar days after a written request for the analysis has been received shall relieve the town of any responsibility for awaiting the analysis. The town may at any time thereafter take any necessary action to adopt or amend this chapter with regard to historic districts;
(3) The Town Council may also refer the report and proposed boundaries to any local Preservation commission or other interested body for its recommendations prior to taking action;
(4) Changes in the boundaries of a district subsequent to its initial establishment, or the creation of additional districts within the town, shall require the preparation of investigative studies by the Historic Preservation Commission; and they shall be referred to the Department of Cultural Resources for its review and comment according to the procedures set forth in this subsection. Changes in the boundaries of a district or proposals for additional districts shall also be submitted to the Department of Cultural Resources in accordance with the provisions of this section; and
(C) Dimensional regulations and exceptions. Structures within a historic district shall comply with the regulations of the underlying zoning district, except as follows:
(1) Residential structures erected in a historic district may use the prevailing setback of structures on the same side of the street in accordance with § 154.020;
(2) All street setback (except as provided in the division (C)(1) above), interior setback, building coverage, and height requirements shall comply with applicable zoning regulations unless a special exception is approved by the Board of Adjustment. The special exception shall be granted only if it complies with the intent of the architectural and historic guidelines of the historic district and if first recommended by the Historic Preservation Commission;
(3) Where the Historic Preservation Commission, in considering an application for a certificate of appropriateness, shall find that the number of off-street parking spaces and/or design standards for parking lots specified by this chapter would render the site incompatible with the historic district design guidelines and the historic aspects of the district, it may recommend to the Board of Adjustment a special exception to the provisions of the off-street parking requirements and/or design standards. The Board of Adjustment may authorize as a special exception a reduced standard concerning off-street parking provided it finds:
(a) That the lesser standard will not create problems due to increased on-street parking; and
(b) That the lesser standard will not create a threat to the public safety.
(D) Certain changes not prohibited: Nothing in this section shall be construed to prevent the following:
(1) The ordinary maintenance or repair of any exterior architectural feature in a historic district which does not involve a change in design, material or outer appearance thereof;
(2) The construction, reconstruction, alteration, restoration, moving or demolition of any like feature if the building inspector or Zoning Administrator has certified in writing to the Historic Preservation Commission that the action is required to protect the public safety because of unsafe or dangerous conditions; or
(3) The ordinary maintenance or repair of streets, sidewalks, pavement markings, utility service lines, street signs, traffic signs and/or replacement of street light fixtures in the event of equipment failure, accidental damage, or natural occurrences such as electrical storms, tornadoes, ice storms and the like.
(E) Certificate of appropriateness required.
(1) A certificate of appropriateness shall be required for all activities specified in this section whether a building permit is required or not.
(2) After the designation of a historic district, no exterior portion of any building or other structure (including but not limited to masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor above ground utility structure, nor any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished within the district until after an application for a certificate of appropriateness as to exterior features has been submitted and approved by the Historic Preservation Commission.
(3) For the purposes of this section, EXTERIOR FEATURES shall include the architectural style, general design and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material; the size and scale of the building; and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of outdoor advertising signs, EXTERIOR FEATURES shall be construed to mean the style, material, size and location of all like signs. EXTERIOR FEATURES may include historic signs, color and significant landscape, archaeological and natural features of the area.
(4) The Historic Preservation Commission may impose standards as may be set forth elsewhere in this section or adopted by the Commission. Any building permit not issued in conformity with this section shall be invalid.
(5) The discontinuance of work or the lack of progress toward achieving compliance with the certificate of appropriateness for a period of 1 year shall render the certificate null and void and of no effect and application shall be made for a new certificate. However, in the event the issuance of a certificate is appealed, the 1 year period shall not commence until a final decision is reached regarding the matter.
(6) The Commission may, after adoption of architectural and historic guidelines allow the Zoning Administrator or his or her designee to review and approve minor work to review and approve minor work provided, however, that no application for a certificate of appropriateness may be denied without formal action by the Historic Preservation Commission.
(7) The town and all public utilities, except as provided under division (D) above, shall be required to obtain a certificate of appropriateness prior to initiating in a historic district any changes in the character of street paving, street width, utility installations or removals, lighting, street trees, walls, fences, sidewalks or exterior of buildings or structures on property or streets in which they have a fee or other interest.
(F) Application procedures
(1) Application for a certificate of appropriateness shall be made to the Zoning Administrator on forms provided. The application shall be filed no later than 14 days prior to the next regularly scheduled meeting of the Historic Preservation Commission. Each application shall be accompanied by sketches, drawings, photographs, specifications, descriptions and/or other information of sufficient detail to clearly show the proposed move, exterior alterations, additions, changes, new construction or demolition.
(2) The Zoning Administrator staff shall make a reasonable attempt to identify and notify the owners of surrounding property likely to be affected by the application for a certificate of appropriateness. The Zoning Administrator shall transmit the application, together with the supporting information and material, to the Historic Preservation Commission for consideration. The Commission shall act upon the application within 60 days after the filing thereof, otherwise failure to act upon the application shall be deemed to constitute approval and a certificate of appropriateness shall prohibit an extension of time where mutual agreement has been reached between the Commission and the applicant.
(3) Prior to issuance or denial of a certificate of appropriateness, the Historic Preservation Commission shall give the applicant and other property owners likely to be affected by the application an opportunity to be heard. In cases where the Commission deems necessary, it may hold a public hearing concerning the application and seek the advice of the North Carolina Department of Cultural Resources or other expert advice.
(4) The Commission shall not refuse to issue a certificate of appropriateness except for the purpose of preventing the construction, reconstruction, alteration, restoration, or moving of buildings, structures appurtenant features, or signs in the historic district which would be incompatible with the architectural and historic guidelines.
(5) An appeal may be taken to the Board of Adjustment from the Historic Preservation Commission's action in granting or denying any certificate. The appeal:
(a) May be taken by any aggrieved party;
(b) Shall be taken within 15 days after the decision of the Commission; and
(c) Shall be in the nature of certiorari.
(6) Any appeal from the Board of Adjustment's decision in any like case shall be heard by the Superior Court of the County.
(G) Review criteria.
(1) In granting a certificate of appropriateness, the Historic Preservation Commission shall take into account the historic or architectural significance of the property under consideration and the exterior form and appearance of any proposed additions or modifications to a structure.
(2) The Commission shall not consider interior arrangement.
(3) The provisions of this section shall not become effective for a historic district until after the Commission has adopted detailed architectural and historic guidelines applicable to proposals within the historic district. These criteria shall take into account the historic, architectural and visual elements of the district and shall be reviewed a minimum of every 5 years. At a minimum, the criteria shall contain guidelines addressing the following factors:
(a) Historic significance or quality. The quality or significance in history, architecture, archeology or culture present in districts, sites, structures, buildings or objects that posses integrity of location, design, setting, materials, workmanship and feeling and association:
1. That are associated with events that have made a significant contribution to the broad patterns of local, state or national history; or that are associated with the lives of persons significant in the past;
2. That embody the distinctive characteristics of a type, period or method of construction;
3. That represent the work of a master or that possess high artistic values; or
4. That represent a significant and distinguishable entity whose components may lack individual distinction; or that have yielded, or may be likely to yield, information important in prehistory or local, state or national history.
(b) Exterior form and appearance. In considering exterior form and appearance, the Commission may take into account, but is not limited to, the following elements to ensure that they are consistent with the historic or visual character or characteristics of the district:
1. Exterior features as described in division (E) above;
2. Height of the building or structure;
3. Setback and placement on lot of the building or structure, including lot coverage and orientation;
4. Exterior construction materials, including textures, patterns and colors;
5. Architectural detailing, such as lintels, cornices brick bond, foundation materials and decorative wooden features;
6. Roof shapes, forms and materials;
7. Proportions, shapes, positionings and locations, patterns and sizes of any elements of fenestration;
8. General form and proportions of buildings and structures;
9. Appurtenant fixtures and other features such as lighting;
10. Structural condition and soundness;
11. Use of local or regional architectural traditions; and
12. Effect of trees and other landscaping elements.
(H) Delay in demolition of landmarks and buildings.
(1) An application for a certificate of appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building, structure or site within the district may not be denied except as provided in this section. However, the effective date of a certificate may be delayed for a period of up to 365 days from the date of approval.
(a) The maximum period of delay authorized by this division (H) shall be reduced by the Historic Preservation Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from the property by virtue of the delay.
(b) During that period, the Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site.
(c) If the Commission finds that a building or site within a district has no special significance or value toward maintaining the character of the district, it shall waive all or part of the period and authorize earlier demolition or removal.
(2) If the Historic Preservation Commission has voted to recommend designation of a property as a landmark or designation of an area as a district, final designation has not been made by the Town Council, the demolition or destruction of any building, site or structure located on the property of the proposed landmark or in the proposed district may be delayed by the Commission for a period of up to 180 days or until the Town Council takes final action on the designation, whichever occurs first.
(3) The Town Council may enact an ordinance to prevent the demolition by neglect of any designated landmark or any building or structure within an established historic district. The ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
(4) An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site or structure determined by the State Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the Historic Preservation Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.
(1981 Code, § 501) (Ord. passed 6-28-2004)
(A) Domestic and recreational vehicles. An owner of domestic and recreational vehicles may park or store such vehicles on his or her private residential property, subject to the following limitations:
(1) At no time shall vehicles be occupied or used for living, sleeping or housekeeping purposes. Visitors may occupy a vehicle in their care, custody and control during periods of visitation not to exceed 7 days;
(2) Vehicles may be connected to utility services as required for maintenance purposes; and
(3) Not more than 6 domestic vehicles may be parked or stored on any single-family residential lot for any period exceeding 48 hours. Vehicles stored within entirely enclosed structures which meet the regulatory requirements for the applicable zoning district shall not be counted when determination of the number of vehicles is made.
(B) Commercial vehicles.
(1) The parking of commercial vehicles over 7,500 GVW or 25 feet in length in any residential district is prohibited except as stated below.
(2) Parking of these vehicles is permitted if they are of an emergency service nature or school buses or located within entirely enclosed structures, which meet the regulatory requirements for the applicable zoning district.
(3) This requirement shall not be interpreted to prohibit from loading and unloading in any residential district.
(1981 Code, § 502) (Ord. passed 6-28-2004)
(A) Purpose and intent.
(1) The Town of Liberty encourages high quality design in developments, structures and the use of land. High quality design includes proper siting of structures and uses and proper landscaping.
(2) The town desires to allow developers maximum flexibility in achieving these high standards of development. However, minimum requirements for buffering or screening between certain uses and/or districts are hereby established to reduce the impact of a use of land on adjacent uses which are of a significantly different character, density or intensity.
(3) Buffers and screens separate different uses from each other in order to reduce adverse impacts such as dirt, litter, traffic, noise, odor, glare of lights, signs, buildings and parking areas. These regulations benefit both the developer and the adjoining landowner(s) because it allows options from which to choose in developing the property, while insuring each neighbor adequate protection regardless of the developer's choice, thereby protecting the property values of all properties involved.
(4) Before the issuance of certificate of occupancy, buffers and/or screening shall be installed or their installation guaranteed as per § 154.270. Buffers or screens shall be required in accord with the following.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUFFER. A strip of land together with plantings required thereon. BUFFERS consist of a horizontal distance from a lot line which may only be occupied by the required landscaping materials, underground utilities, retention areas, screening materials and driveway/sidewalk access.
SCREEN. A strip of land together with plantings and or walls or fences required thereon. Screens consist of a minimum of horizontal distance from a lot line which may only be occupied by the required screening materials, additional landscaping materials, underground utilities and driveway/sidewalk access.
(C) Buffer or screen required.
(1) To provide maximum flexibility in achieving a high standard of development both buffer and screen requirements are established.
(2) The developer may choose which protection method is appropriate for the proposed development or he or she may mix methods within the development.
(3) The matrix below indicates when established uses will be required to install a buffer or a screen. In addition the matrix establishes what category of buffer or screen will be required.
(4) The required buffering or screening between the proposed land use(s) and the existing adjacent land use(s) on adjoining zoning lots is set forth in the matrix below.
(5) Buffers or screens are not required to separate uses located across public streets, however front yard landscaping as required by § 154.086 below shall be installed adjacent to street rights-of-way.
(6) If the land next to the proposed development is vacant, the category required shall be determined by the existing zoning on the adjacent vacant parcel.
(7) If the adjacent parcel is vacant, but is zoned for a more intensive zoning district, no buffer or screen shall be required of the less intensive use.
(8) If the adjacent parcel(s) is located within the same zoning district, and the use is classified as a nonconforming use in that district, no buffer or screen shall be required of the proposed use.
(9) If the adjacent parcel is developed in a more intensive manner, no buffer or screen is required of the lesser intensive use. The relative degree of intensity shall be determined as follows:
(a) As used in this section, the grouping of uses and zoning uses shall be as follows.
1. Single-family/2-family (as used in this section) shall be the least intensive. If the zoning on any vacant parcel is R40, R12 or R6, the single/2-family category shall be used for determination of the required buffering.
2. Multiple-family, less than 12 units per acre, shall be the next least intensive.
3. Multiple-family, more than or equal to 12 units per acre, shall be the next least intensive. If the zoning on any vacant parcel is R6 the Multi-family more than 12 units per acre category shall be used for determination of the required buffering.
4. Group 1 shall be the next least intensive. If the zoning on any vacant parcel is RA/IF, the Group 1 shall be used for determination of the required buffering.
5. Group 2 shall be the next least intensive. If the zoning on any vacant parcel is B1 or B2 the Group 2 shall be used for determination of the required buffering.
(b) Group 3 shall be the most intensive. If the zoning on any vacant parcel is IP or I the Group 3 shall be used for determination of the required buffering.
(c) As used in this section, the grouping of the zoning districts shall be as follows:
1. If the zoning on the vacant parcel is R40, or R12, the single-family category shall be used for determination of the required buffering.
2. If the zoning on the vacant parcel is R6 the 2-family and multiple-family less than 12 units per acre category shall be used for determination of the required buffering.
3. If the zoning on the vacant parcel is RMF the 2-family and multiple-family more than 12 units per acre category shall be used for determination of the required buffering.
4. If the zoning on the vacant parcel is B1 or B2 the group 2 shall be used for determination of the required buffering.
5. If the zoning on the vacant parcel is I or IP the group 3 shall be used for determination of the required buffering.
Buffer and Screen Matrix | ||||||
Abutting Use or Zoning | Single/2-Family | Multi-family | Group 1 | Group 2 | Group 3 |
Buffer and Screen Matrix | ||||||
Abutting Use or Zoning | Single/2-Family | Multi-family | Group 1 | Group 2 | Group 3 | |
< 12 u/a | > 12 u/a | |||||
Proposes; use | ||||||
Single/2-family | - | |||||
Multi-family < 12 u/a | A | - | ||||
Multi-family > 12 u/a | C | A | - | |||
Group 1 | B | B | B | - | ||
Group 2 | C | C | C | A | - | |
Group 3 | D | D | D | C | A | - |
(D) Requirements for buffers and screens. Once the required category of buffer or screen is determined from the matrix the following requirements shall be met.
(1) For the buffer method. The following descriptions list the specifications of each permitted buffer width. The requirements are a minimum standard, developers are encouraged to supplement these minimums to enhance the landscaping of the development. Buffer requirements are stated as follows:
(a) Minimum width;
(b) Minimum planting per 100 Linear Feet; and
(c) Type and number of plant material.
(2) The number of plant materials required per 100 linear feet is represented by a whole or decimal number. Both the type and number of plants is specified. All mathematical rounding shall be upwards and shall be applied to the total amount of plant material required in the buffer, not to each 100 linear feet.
(3) Buffer A. The requirements shall be met for Buffer A by the following:
(a) Fifteen foot wide strip with two canopy trees, three understory trees, and six shrubs per 100 linear feet; or
(b) Twenty foot or more wide strip with one canopy tree, two understory trees, and four shrubs per 100 linear feet.
(4) Buffer B. The requirements shall be met for Buffer B by the following:
(a) Twenty foot wide strip with two canopy trees, three understory trees, and ten shrubs per 100 linear feet; or
(b) Twenty-five foot or more wide strip with two canopy trees, two understory trees and eight shrubs per 100 linear feet.
(5) Buffer C. The requirements shall be met for Buffer C by the following:
(a) Twenty foot wide strip with two canopy trees, four understory trees and 12 shrubs per 100 linear feet; or
(b) Twenty-five foot or more wide strip with two canopy trees, three understory trees and ten shrubs per 100 linear feet.
(6) Buffer D.
(a) The requirements shall be met for Buffer D by the following:
(b) Twenty-five foot or more wide strip with two canopy trees, four understory trees and a row of evergreen shrubs placed along the property boundary not more than five feet apart on center which would grow to form a continuous opaque hedge of at least six feet in height within two years of planting.
(7) Plant materials should be selected which are appropriate to soil and site conditions. It is recommended that species be selected which are resistant to heat, drought, insects and diseases and which require little maintenance. Refer to § 154.097 for listing of approved plant materials. Selected plant materials shall meet the requirements and be installed according to ANLA (American Nursery and Landscaping Association) standards. At least one ornamental flowering plant variety shall be required in each buffer for each ten feet of buffer depth. Trees and shrubs may be evergreen, deciduous or any combination thereof. Existing plant materials meeting these minimum requirements for plant type may be counted toward the total requirements of the specific plant type. The placement of required plants shall be the decision of the developer and all buffer areas shall be planted with grass, other ground cover or maintained with natural mulch or pine straw. See below for table for minimum plant sizes.
Table for Minimum Plant Sizes | ||
Plant Material Type | Minimum Size Planting in Buffers Abutting Vacant Land* | All Other Plantings |
Table for Minimum Plant Sizes | ||
Plant Material Type | Minimum Size Planting in Buffers Abutting Vacant Land* | All Other Plantings |
Canopy Tree | 1 inch caliper** | 1-1/2 inch caliper** |
Multi-Stem Clump | 5 feet height | 6 feet height |
Understory Tree | 3 feet height | 4 feet height |
Evergreen Tree | 2 feet height | 3 feet height |
Shrub | ||
Deciduous | 12 inches height | 15 inches height |
Evergreen | 9 inches height | 12 inches height |
Hedge | 5 feet height | 6 feet height |
* Smaller plant sizes are permitted adjacent to vacant land because it is assumed that the plants will have time to mature before the abutting vacant land is developed. For this purpose agricultural land is considered vacant. ** Caliper is a measurement of the size of a tree equal to the diameter of its trunk measured 4.5 feet above natural grade. | ||
(8) Buffers shall be located on the outer perimeter of a lot or parcel, extending along lot lines or private street or other existing or dedicated public rights-of-way. Where rights-of-way are contiguous with property line any required buffer shall be located on the inside of rights-of-way. No landscaping shall be permitted which interferes with the sight distance required at any roadway or driveway intersection.
(9) A buffer shall not be used for parking, accessory buildings or any other use except where required and permitted for pedestrian or vehicular access to adjoining property. Any such access shall cross the buffer area in a direct manner, shall not run parallel with the buffer and be no more than eleven feet in width for one way traffic or pedestrians or twenty two feet in width for two way traffic.
(10) For the screen method. The following descriptions list the specifications of each permitted screen width. The requirements are a minimum standard, developers are encouraged to supplement these minimums to enhance the landscaping of the development.
(11) Screen A. The requirements shall be met for Screen A by providing a ten foot wide minimum screening yard and one of the following:
(a) A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall. The wall shall be a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and,
(b) Lawn and or low-growing evergreen shrubs, evergreen ground cover or natural mulch covering the balance of the screening yard.
(12) Screen B. The requirements shall be met for Screen B by providing a ten foot wide minimum screening yard and the following:
(a) A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and,
(b) A staggered row of evergreen trees, located on the outside of the above evergreen plantings, wall or fence, which are not less than six feet in height at the time of planting and are spaced not more than 30 feet apart on center which at maturity will form an intermittent visual barrier from above the opaque screen to a minimum height of 15 feet.
(13) Screen C. Requirements shall be met for Screen C by providing a ten-foot wide minimum screening yard and the following:
(a) A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and
(b) A staggered row of evergreen trees, located on the outside of the above evergreen plantings, wall or fence, which are not less than six feet in height at the time of planting and are spaced not more than 20 feet apart on center which at maturity will form an intermittent visual barrier from above the opaque screen to a minimum height of 15 feet.
(14) Screen D. The requirements shall be met for Screen D by providing a 15 foot wide minimum screening yard and one of the following:
(a) A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and
(b) A staggered row of evergreen trees, located on the outside of the above evergreen plantings, wall or fence, which are not less than six feet in height at the time of planting and are spaced not more than 15 feet apart which at maturity will form an intermittent visual barrier from above the opaque screen to a minimum height of 20 feet.
(15) Plant materials should be selected which are appropriate to soil and site conditions. It is recommended that species be selected which are resistant to heat, draught, insects and diseases and which require little maintenance. Refer to § 154.097 for listing of approved plant materials. Selected plant materials shall meet the requirements and be installed according to ANLA (American Nursery and Landscape Association) standards. Existing plant materials meeting these requirements and locational requirements may be utilized towards screening requirements.
(16) Screens shall be located on the outer perimeter of a lot or parcel, extending along the lot or parcel boundary line and shall not be located on any portion of an existing or dedicated public or private street or other existing or dedicated public rights-of-way. Where rights-of-ways are contiguous with property lines any required buffer shall be located on the inside of the rights-of-way. No landscaping shall be permitted which interferes with the sight distance required at any roadway or driveway intersection.
(17) A screen shall not be used for recreation, parking, accessory buildings or any other use except where required and permitted for pedestrian or vehicular access to adjoining property. Any such access shall cross the buffer area in a direct manner, shall not run parallel with the buffer and be no more than eleven feet in width for one way traffic or pedestrians or 22 feet in width for two way traffic.
(E) Coordination of buffer yard or screen yard and required setback yard. Buffer or screen yards as required may be included within or combined with the required minimum setback yards as established § 154.066. When buffer or screen yards are required to be larger than setback yards, the buffer or screen yard shall serve also as the minimum setback yard. When the setback yard is larger than the required buffer or screen yard, no additional setback is required.
(F) Alternative buffers and screening.
(1) In lieu of compliance with the above buffer or screening requirements, an applicant may submit to the Planning Board for their review and approval an alternative plan with detailed specifications for landscaping, buffering and screening.
(2) The Planning Board may approve the alternative buffering and of screening plan upon finding that the proposal will afford a degree of buffering and or screening equivalent to or exceeding that provided by the above requirements.
(3) An alternative plan proposing an increase in the depth of a buffer yard may be approved and may utilize existing significant plants and trees if no reduction in the total number of required plants and trees results and they afford an equal degree of separation in terms of height and opacity.
(4) Otherwise, additional plantings, berms, walls or fences, or a combination thereof shall be required. A reduction in buffer yards is not permitted since the developer may choose the screen alternative which requires less yard.
(5) A reduction in the required screen yard may be approved, if it can demonstrated to the Planning Board that full compliance with the requirement is unpractical and creates an undue restriction on the use of the property. If an alternative screen plan is approved, it shall include screening measures which will provide an increase in the height and opacity of the screening required.
(G) Existing vegetation. The retention of existing vegetation shall be maximized, to the extent practicable, wherever the vegetation contributes to required buffering and or screening or to the preservation of significant trees.
(H) Maintenance of landscaping.
(1) All landscaping and screening which provides required buffering and screening shall be maintained so as to continue their effectiveness.
(2) Periodic inspections may be made to determine continued effectiveness of the required landscaping and screening.
(I) Determination of unlisted uses.
(1) The Zoning Administration shall make a determination, in the cases of uses not listed in the § 154.067 or which do not have a buffer group listed of the group appropriate for those uses.
(2) In reading the determination, the Zoning Administrator shall be guided by the requirements for similar uses having comparable external effects.
(J) Buffers and screening of existing uses. Uses already existing at the time of the passage of this chapter, or subsequent amendments thereto, shall comply with the following requirements:
(1) Existing uses shall not be considered nonconforming due to noncompliance with the buffering and screening requirements. The uses will not be required to implement buffering and screening unless physical alteration resulting in an increase of floor area of existing structures or the erection of new structures or the expansion of open uses of land occurs; and
(2) If physical alteration resulting in an increase of floor area of existing structures or the erection of new structures or the expansion of open uses of land occurs, buffering and screening shall be required as following.
(a) If the combined total of all expansions is 50% or less of the existing building footprint or land available for open uses as of January 22,1996 a screen meeting screen Category A shall be required. A screen shall be provided on a 1.5 to 1 ratio of the linear length of the building parallel to lot line which requires buffering and screening. The location of the required screening shall be determined by the Zoning Administrator. The location shall be based on site evaluations to determine the best protection to adjoining properties.
(b) If the combined total of all expansions is greater than 50% of the existing building footprint or land available for open uses as of January 22, 1996 buffers or screening shall be provided according to the requirements for new uses. In those cases, the use of provisions in Section (F) above may be considered.
(1981 Code, § 503) (Ord. passed 6-28-2004; Am. Ord. passed - - )
All new open storage areas and expansions of existing open storage areas shall be screened from view of any street, and from all residentially zoned land as follows:
(A) Screening shall consist of solid masonry walls or solid wooden fences at least 6 feet in height (constructed of materials and finishes as permitted in § 154.082(D)(2)(a)), or an opaque chain link fence at least 6 feet in height. Access from the street shall only be permitted through solid gates which shall be closed except when in use. Screening shall run at least 100 feet back from the street property line or to the rear property line if the property is less than 100 feet deep.
(B) In lieu of compliance with the above screening methods, an applicant may submit to the Planning Board for their review and approval a detailed plan and specifications for landscaping and screening. The Planning Board may approve the alternative screening, in writing, upon finding that the proposal will afford a degree of screening, in terms of height, opacity and separation, equivalent to or exceeding that provided by the above methods.
(C) Prior to the issuance of certificate of occupancy, screening of open storage shall be installed or its installation guaranteed as per § 154.270 below.
(1981 Code, § 504) (Ord. passed 6-28-2004)
(A) All new non-residential uses and expansions of existing structures shall screen from view from public places and neighboring properties all mechanical equipment, such as but not limited to, air conditioners, or pumps, through the use of features such as berms, fences, false facades or dense landscaping.
(B) Prior to the issuance of certificate of occupancy, screening of mechanical equipment shall be installed or its installation guaranteed as per § 154.270.
(C) Notwithstanding front yard and perimeter buffering and screening requirements prescribed for solar farm(s), §§ 154.098 and 154.240, mechanical equipment that depends on unobstructed access of sources of wind and solar power for alternative energy generation (i.e. solar collectors, wind turbines) is exempt from mechanical equipment screening. Mechanical equipment that is ancillary to such devices (such as pumps, storage tanks, batteries, compressors, etc.) shall be screened as required by this section.
(1981 Code, § 505) (Ord. passed 6-28-2004; Am. Ord. passed 7-6-2015)
Loading...