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Liberty Overview
Liberty, NC Code of Ordinances
TOWN OF LIBERTY, NC CODE OF ORDINANCES
TOWN OFFICIALS
THE CHARTER OF THE TOWN OF LIBERTY
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: MINIMUM HOUSING
CHAPTER 151: BUILDING CODE
CHAPTER 152: SUBDIVISIONS
APPENDIX A: TYPICAL STREET SECTIONS
CHAPTER 153: WATERSHED PROTECTION
CHAPTER 154: ZONING
GENERAL PROVISIONS
APPLICATION OF REGULATIONS
ADMINISTRATIVE MECHANISMS
DISTRICT REGULATIONS
SUPPLEMENTAL REGULATIONS
DEVELOPMENT STANDARDS FOR WIRELESS COMMUNICATION FACILITIES
OFF-STREET PARKING AND LOADING
SIGNS
SPECIAL USE REGULATIONS
§ 154.190 INTENT.
§ 154.191 GENERAL STANDARDS.
§ 154.192 PROCEDURE FOR SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR
§ 154.193 IMPOSED CONDITIONS.
§ 154.194 DISCONTINUANCE OF PERMITTED ACTIVITY.
§ 154.195 CONTENTS OF APPLICATION FOR A SPECIAL USE.
§ 154.196 MINOR CHANGES TO BE APPROVED BY ZONING ADMINISTRATOR; MODIFICATIONS REQUIRE ACTION BY TOWN COUNCIL.
§ 154.197 GENERAL COMPLIANCE WITH THIS CHAPTER.
§ 154.198 FAILURE TO COMPLY WITH PLANS AND CONDITIONS OF THE PERMIT.
§ 154.199 WITHDRAWAL OF APPLICATION.
§ 154.200 EFFECT OF DENIAL ON SUBSEQUENT PETITIONS.
§ 154.201 APPEALS.
§ 154.202 FEES.
§ 154.203 STANDARDS APPLICABLE TO INDIVIDUAL SPECIAL USES.
§ 154.204 ADULT DAY CARE FACILITIES FOR MORE THAN THIRTY CLIENTS.
§ 154.205 AIRPORT; HELIPORT.
§ 154.206 CHILD DAY CARE FACILITIES IN DISTRICTS WHERE THOSE FACILITIES REQUIRE A SPECIAL USE PERMIT.
§ 154.207 COLLEGES; UNIVERSITIES.
§ 154.208 COMBUSTIBLE LIQUID STORAGE IN QUANTITIES GREATER THAN TWO THOUSAND BUT LESS THAN ONE-HUNDRED THOUSAND-GALLONS’ AGGREGATE.
§ 154.209 COMBUSTIBLE LIQUID STORAGE IN QUANTITIES GREATER THAN ONE-HUNDRED THOUSAND-GALLONS’ AGGREGATE.
§ 154.210 CONGREGATE LIVING FACILITIES; NURSING HOME; GROUP HOME.
§ 154.211 CULTURAL FACILITY.
§ 154.212 DWELLING MULTI-FAMILY UP TO .35 FAR.
§ 154.213 EXTRACTION OF EARTH PRODUCTS.
§ 154.214 GOLF COURSE.
§ 154.215 HOME OCCUPATIONS.
§ 154.216 JUNKYARDS.
§ 154.217 LANDFILLS; SANITARY.
§ 154.218 MANUFACTURING, PROCESSING AND ASSEMBLY; LIGHT.
§ 154.219 MOBILE AND MANUFACTURED HOME PARKS.
§ 154.220 PLANNED UNIT DEVELOPMENT.
§ 154.221 PUBLIC USE FACILITIES.
§ 154.222 RESERVED.
§ 154.223 RECREATIONAL VEHICLE; TRAVEL PARKS AND CAMPS.
§ 154.224 PUBLIC, PRIVATE ELEMENTARY AND HIGH SCHOOLS.
§ 154.225 ADULT ESTABLISHMENTS.
§ 154.226 NONCONFORMING SITUATIONS.
§ 154.227 MENTAL INSTITUTION; SANITARIUM.
§ 154.228 PROFESSIONAL RESIDENTIAL FACILITY (STRUCTURED ENVIRONMENT).
§ 154.229 GAME ROOMS.
§ 154.230 STORAGE OF HAZARDOUS MATERIAL WITHIN BALANCE OF WATERSHED.
§ 154.231 TRANSFER STATIONS.
§ 154.232 DWELLINGS IN I AND IP DISTRICTS.
§ 154.233 STRUCTURES MAY EXCEED THE HEIGHT LIMITS ESTABLISHED IN § 154.066(A).
§ 154.234 TELECOMMUNICATIONS TOWERS.
§ 154.235 COMMERCIAL DEVELOPMENTS WITH MULTI USE AND/OR STRUCTURES AND FAR BETWEEN .27 AND .35.
§ 154.236 COMMERCIAL DEVELOPMENTS WITH MULTI-USE AND/OR STRUCTURES AND FAR UP TO .35.
§ 154.237 COUNTRY, RACQUET, TENNIS AND SWIM CLUBS.
§ 154.238 FRATERNITY AND SORORITY HOUSES.
§ 154.239 WATERSHED 10/70 OPTION DEVELOPMENT.
§ 154.240 SOLAR FARM IN R40 DISTRICT.
NONCONFORMING SITUATIONS
ADMINISTRATION AND LEGAL PROVISIONS
CHAPTER 155: FLOOD DAMAGE PREVENTION
CHAPTER 156: NONRESIDENTIAL MAINTENANCE CODE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 154.210 CONGREGATE LIVING FACILITIES; NURSING HOME; GROUP HOME.
   Congregate living facilities shall be permitted in R40, R12, R6 and RMF subject to the following requirements:
   (A)   No like use shall be established within 1,200 feet of another a use or a professional residential facility;
   (B)   Evidence shall be submitted that the requirements and standards of the North Carolina Department of Social Services have been and shall continue to be met;
   (C)   No external evidence of a use, distinguishing the living facility from a regular dwelling, shall be visible from adjacent property, public or private; and
   (D)   Each facility shall be designed and built to appear as similar to a residential structure as possible.
(1981 Code, § 821) (Ord. passed 6-28-2004)
§ 154.211 CULTURAL FACILITY.
   Cultural facilities may be permitted in R40, R12, R6 and RMF districts subject to the following requirements:
   (A)   Facilities shall have a minimum of 2 acres within the zoning lot;
   (B)   No structures or parking areas may be located within 50 feet of any zoning lot line;
   (C)   Buffers and screens shall be installed and maintained as per §§ 154.080 through 154.097;
   (D)   Signs shall be regulated as per §§ 154.160 through 154.178;
   (E)   Off-street parking shall be regulated as per §§ 154.135 through 154.147; 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.
(1981 Code, § 822) (Ord. passed 6-28-2004)
§ 154.212 DWELLING MULTI-FAMILY UP TO .35 FAR.
   Multi-family dwelling units may be permitted in RMF districts with a FAR of up to .35 subject to the following requirements:
   (A)   Developments shall have a minimum of 1 acre of land;
   (B)   The yard regulations and height regulations set forth in § 154.066 may be modified for multifamily dwelling units, provided that for the development as a whole, the maximum permitted FAR shall not be exceeded;
   (C)   Points of access and egress shall consist of a driveway or roadway at least 20 feet in width and shall be located a sufficient distance from highway intersections to minimize traffic hazards, inconvenience and congestion;
   (D)   Required parking and parking areas shall be designed according to §§ 154.135 through 154.147. All parking areas shall have a paved surface;
   (E)   Adequate water service and sanitary and storm sewerage shall be provided. Plans for a publicly maintained systems shall be designed by a registered engineer and submitted as part of the application for SUP;
   (F)   Buffers and screening shall be installed and maintained as required by §§ 154.080 through 154.097;
   (G)   General landscaping, including parking lot landscaping, shall be installed and maintained. Plans indicating landscaping shall be submitted as part of the application;
   (H)   A soil erosion and sediment control plan shall be submitted to and approved by the appropriate agency prior to the issuance of a zoning compliance permit;
   (I)   (1)   The parking areas and walkways shall be illuminated for public safety at night.
      (2)   However, lighting shall be designed so as not to disturb adjacent properties; and
   (J)   Signs shall be regulated as per §§ 154.160 through 154.178.
(1981 Code, § 823) (Ord. passed 6-28-2004)
§ 154.213 EXTRACTION OF EARTH PRODUCTS.
   Extraction of earth products may be permitted in all districts subject to the following requirements.
   (A)   Required submissions. In addition to the information required for all applications for approval of special uses, the following shall be submitted as part of the application:
      (1)   Three copies of site plan, prepared by a North Carolina registered land surveyor or engineer, which shall contain the following:
         (a)   North point, scale and date;
         (b)   Extent of area to be excavated or mined;
         (c)   Locations, width and elevation of all easements and rights-of-way within or adjacent to the extraction site;
         (d)   Location of all existing or proposed structures on site;
         (e)   Location of all areas on the site subject to flood hazard or inundation as shown on flood maps or soils map;
         (f)   Location of all water courses on the site, including direction of flow and normal fluctuation of flow;
         (g)   Actual field topography survey at a contour interval of 5 feet based on mean sea level datum;
         (h)   Proposed handling and storage areas for overburden, byproducts and excavated materials;
         (i)   Proposed fencing, screening and gates; parking, service and other areas;
         (j)   Any areas proposed for ponding; and
         (k)   Access roads to the site, as well as on-site roads, with indication of surface treatment to limit dust. Sight distances on all roads used for access to the site shall be shown.
      (2)   An operations plan, which shall include:
         (a)   The date proposed to commence operations and their expected duration;
         (b)   Proposed hours and days of operations;
         (c)   Estimated type and volume of extraction;
         (d)   Description of method of operation, including the disposition of topsoil, overburden and byproducts;
         (e)   Description of equipment to be used in the extraction process;
         (f)   Any phasing of the operation and the relationship among the various phases; and
         (g)   Operating practices which will be followed to comply with the performance standards applicable to the operation.
      (3)   A rehabilitation plan, which shall include:
         (a)   A statement of planned rehabilitation of the excavated land, including detailed methods of accomplishment and planned future use of the rehabilitated land;
         (b)   A map showing the final topography, after rehabilitation, to the same scale as the site plan, it shall also depict any water areas and methods for preventing stagnation and pollution thereof, landscaping and ground cover proposed to be installed and the amount and type of backfill to be employed, if any;
         (c)   A phasing and timing plan, related to the phasing and timing portion of the operations plan, showing the progression of the rehabilitation and the date when it will be complete;
         (d)   The method of disposing of all equipment, structures, dikes and spoil piles associated with the operations;
         (e)   The name, address and signatures of land owners and applicants;
         (f)   A written legal description of survey of the property, prepared by a North Carolina registered land surveyor or engineer; and
         (g)   A fee, as set by the Town Council.
   (B)   Standards for evaluation. The following standards shall be used in evaluating an application for a permit to conduct extraction of earth products:
      (1)   All operations associated with extraction shall conform to the following performance standards.
         (a)   Direct illumination resulting from the operation shall not fall upon any land not covered by the application.
         (b)   Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards:
            1.   Between 7:00 a.m. and 7:00 p.m.: 68 dBA; and
            2.   Between 7:00 p.m. and 7:00 a.m.: 58 dBA.
         (c)   Vibration levels at the boundaries of the extraction site shall not exceed the following standards: maximum peak particle velocity: steady state=1.0 inches/second; and impact=2.0 inches/second.
         (d)   Note: The maximum particle velocity shall be the product of 2 times the frequency in cycles per second times the sum of 3 mutually perpendicular displacement components recorded simultaneously. For purposes of this chapter, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not exceed 60 per minute, shall be considered impact vibrations. Maximum air blast vibration, measured at the lot lines of the zoning lot containing the extractive use, shall be 125 decibels on the linear scale.
      (2)   The Rehabilitation Plan shall be referred to the Randolph County Soil and Water Conservation District for review and recommendation, which shall not be binding upon the Town Council, in particular regarding the landscape material specified, the planting and maintenance proposed to insure continuous growth and development, and the acceptability of the proposals for the handling of lakes, pondsand the like;
      (3)   The permanent roads, defined as those to be used in excess of 1 year, within the excavation site shall be surfaced with a dust-free material such as soil cement, bituminous concrete or portland cement concrete from the nearest public road to the yard area. Also, all permanent roads located within 300 feet of residentially zoned and shall be treated the same;
      (4)   Roads other than permanent roads shall be treated with dust inhibitors, to be specified in the Operations Plan, which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action. Properly operated water wagons shall be an acceptable method of dust inhibition;
      (5)   Where the proposed extraction shall take place within 300 feet of a dwelling, school, church, hospital, commercial or industrial building, public building or public land, a security fence at least 6 feet high shall be installed;
      (6)   Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the material's natural angle of repose;
      (7)   The Operations Plan and the Rehabilitation Plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with extraction; and
      (8)   (a)   The Town Council shall require, for all extractive uses, a performance guarantee to ensure that the provisions of the Rehabilitation Plan are met.
         (b)   Performance guarantees shall be in a form approved by the town.
         (c)   The amount of the guarantee shall cover the cost of rehabilitation.
         (d)   The applicant's engineer shall certify the costs of rehabilitation on a per acre basis, if the cost does not exceed the amount posted with the State of North Carolina.
         (e)   If the rehabilitation costs exceed the amount required by the state, then the difference shall be made up in a bond to the Town of Liberty.
(1981 Code, § 824) (Ord. passed 6-28-2004)
§ 154.214 GOLF COURSE.
   Golf courses shall be permitted in R40, and R12 Districts subject to the following regulations:
   (A)   If the proposed development includes development lots or housing, the requirements of the Liberty Subdivision Chapter shall be met;
   (B)   No building other than residential structures shall be located within 100 feet of any property line;
   (C)   No green shall be located within 150 feet of any property line;
   (D)   Lighting shall be so shielded as to cast no direct light upon adjacent property;
   (E)   Signage shall be per §§ 154.160 through 154.178;
   (F)   Off-street parking shall be as per §§ 154.135 through 154.147; and
   (G)   Buffers and screening shall be as per §§ 154.080 through 154.097.
(1981 Code, § 825) (Ord. passed 6-28-2004)
§ 154.215 HOME OCCUPATIONS.
   Home occupations requiring a SUP hearing shall be permitted subject to the following regulations:
   (A)   The approval of a home occupation shall be for a specific use as requested in the application;
   (B)   The outside appearance of the dwelling unit shall not change due to the home occupation;
   (C)   The home occupation shall not generate traffic, parking, sewage or water use in excess of that which is normal in a residential district;
   (D)   The home occupation shall not create a hazard to persons or property or as a nuisance per se or per accident;
   (E)   The home occupation shall not utilize any accessory structure;
   (F)   The home occupation shall not be permitted any outdoor storage or display of anything;
   (G)   No advertising signs shall be permitted;
   (H)   Parking for home occupations shall be located in the rear or interior side yard of the property but not in the front or in the street side yards. Parking within the street right-of-ways is prohibited. All other requirements of §§ 154.135 through 154.147 shall be met; and
   (I)   In addition to site plan required by this subchapter, information or plans indicating compliance with the above regulations shall be submitted with the SUP application.
(1981 Code, § 826) (Ord. passed 6-28-2004)
§ 154.216 JUNKYARDS.
   Junkyards shall be permitted in I District subject to the following requirements:
   (A)   The site shall have direct access to a major or minor thoroughfare as shown on the Liberty Thoroughfare Plan;
   (B)   No activities shall be permitted within 200 feet of any residential district;
   (C)   Buffers and screens ball be provided as per §§ 154.080 through 154.097;
   (D)   No materials shall be stored closer than 30 feet from the zoning lot lines;
   (E)   Plans for handling hazardous materials shall be submitted along with the application for a special use permit which indicates compliance with all applicable regulations;
   (F)   Signage shall be regulated as per §§ 154.160 through 154.178;
   (G)   No materials shall be permitted to accumulate outside of screened areas or within any public rights-of-way; and
   (H)   Storage of combustible materials shall be in accordance with NFPA standards. The Fire Department with jurisdiction over this proposed site shall review plans for storage of combustible materials. A statement of compliance with NFPA standards shall be submitted along with the application for SUP. In no case, shall combustible materials be permitted within 30 feet of a zoning lot line.
(1981 Code, § 827) (Ord. passed 6-28-2004)
§ 154.217 LANDFILLS; SANITARY.
   Sanitary landfills may be permitted in Il District subject to the following requirements:
   (A)   The site shall have direct access to a major/minor thoroughfare or a state secondary road as shown on the Liberty Thoroughfare Plan, or a road designed for commercial vehicles, which connects directly to the street. No access shall be through local residential streets;
   (B)   The site shall be fenced by a 6-foot high fence or masonry wall;
   (C)   The landfill shall not be located:
      (1)   Within 100 feet of any right-of-way line of a publicly-owned road, street or highway;
      (2)   Within 100 feet of the boundary line of a publicly-owned drainage or utility easement;
      (3)   Within 500 feet of any interior lot line; or
      (4)   Within 1,000 feet of a school, measured along the shortest distance between the perimeter of the landfill and the boundary of the property upon which the school is situated;
   (D)   The developer shall provide the following information, in addition to the general information required in § 154.191 above:
      (1)   The haul routes and points of access to the property;
      (2)   The proposed date that the land alteration will commence and the projected date of completion;
      (3)   Evidence that all requirements of the State of North Carolina and the United States have been and shall continue to be met;
      (4)   An explanation of the volume of waste to be received, expressed in cubic yards per day or tons per day;
      (5)   An explanation of the type of landfill requested and type of wastes to be received; and
      (6)   A statement specifying the hours of operation.
(1981 Code, § 828) (Ord. passed 6-28-2004)
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