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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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§ 154.216 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)
§ 154.218 MANUFACTURING, PROCESSING AND ASSEMBLY; LIGHT.
   Light manufacturing activities may be permitted in the B2 district subject to the following standards:
   (A)   Off-street parking and loading spaces provided in accordance with §§ 154.135 through 154.147;
   (B)   The applicant shall have adequate utilities (water, sewerage and the like) so that the proposed operation shall meet the requirements of the Town Fire, Building Inspection and Engineering Departments;
   (C)   The activity shall not endanger, damage or have any other undesirable effects upon nearby non-industrial development by reason of its existence and operation;
   (D)   Buffering and screening shall be required as set forth in §§ 154.080 through 154.097;
   (E)   Approvals granted under this section shall be for 1 specific use, to be identified by the applicant at the time of application, and shall not be transferable to other light industrial uses. Requests for changes in use shall be covered by the submission of a separate special use permit application; and
   (F)   LIGHT MANUFACTURING, PROCESSING AND ASSEMBLY as permitted by this SUP shall mean activities which are conducted within a fully enclosed structure, require no outdoor storage, utilizes no boilers or other equipment in excess of 25 HP individually, and employ a total of 10 or fewer employees.
(1981 Code, § 829) (Ord. passed 6-28-2004)
§ 154.219 MOBILE AND MANUFACTURED HOME PARKS.
   Mobile home parks may be permitted in an R40 District, subject to the following regulations. These regulations shall not apply to sales lots on which unoccupied mobile homes are parked:
   (A)   The minimum site area for a mobile home park shall be 1 zoning lot or parcel of land containing not less than 3 acres;
   (B)   A mobile home lot shall be a least 60 feet in width, and shall contain at least 6,000 square feet of area;
   (C)   Off-street parking spaces shall be provided within each mobile home park on the ratio of at least 2 spaces per mobile home lot;
   (D)   There shall be a front yard of at least 20 feet between any mobile home and the internal roadway. Where exterior property lines of the mobile home park are coincident with public street rights-of-way, all mobile homes and structures within the park along the rights-of-way shall observe the front yard setback from the right-of-way as required by this chapter;
   (E)   There shall be a side yard along each side of every mobile home lot. Each side yard shall be at least 10 feet wide. The distance between mobile homes, including any enclosed extension thereof, shall not be less than 20 feet. No mobile home shall be located closer than 15 feet to any exterior property line of the mobile home park or to any other structure on the premises;
   (F)   There shall be a rear yard of at least 20 feet between any mobile home and the rear of the lot on which it is located;
   (G)   All mobile home lots shall abut a roadway of not less than 25 feet in width, which shall provide unobstructed access to a public street or highway. These roadways shall be illuminated to ensure the safe movement of pedestrians and vehicles at night;
   (H)   Buffering and screening shall be installed and maintained as required by §§ 154.080 through 154.097;
   (I)   Adequate water service and sanitary and storm sewerage shall be provided for each lot. Plans for publicly maintained systems shall be designed by a registered engineer and submitted as part of the application for SUP;
   (J)   The collection of trash and garbage and their disposal shall be provided for in a manner so as to maintain a clean and orderly appearance at all times. Plans to meet this requirement shall be submitted as part of the application for SUP;
   (K)   Each mobile home park shall have a minimum of 5% of the total area set aside and developed for recreational purposes. If a swimming pool is provided, it shall be separated from other uses by a fence having a gate which is capable of remaining closed;
   (L)   The required plans shall show the topography of the site at contour intervals no greater than 5 feet; location and approximate size of all existing and proposed buildings and structures within the site; proposed points of ingress and egress together with the proposed pattern of internal circulation; location and dimensions of individual mobile home lots; location and types of screening to be provided; and the location and size of open play space and all other accessory features customarily incident to the operation of a mobile home park;
   (M)   Mobile home parks shall be subject to the regulations within the Flood Damage Prevention Chapter;
   (N)   Signs shall be regulated by §§ 154.160 through 154.178 for the district in which the park is located;
   (O)   Mobile homes offered for sale within the park shall not exceed 10% of the total approved spaces at any given time. Every mobile home offered for sale shall be located only on an approved mobile home space and shall be subject to the same locational requirements as any home within the park. No advertising signs for mobile home sales shall be permitted except 1 sign posted outside each mobile home offered for sale. Signs shall conform with the regulations in §§ 154.160 through 154.178; and
   (P)   Accessory structures may be permitted for uses such as laundries, offices, recreation, storage and the like. However, the total gross square foot of all building area shall not exceed 5% of the total approved park area.
(1981 Code, § 830) (Ord. passed 6-28-2004)
§ 154.220 PLANNED UNIT DEVELOPMENT.
   Planned Unit Developments may be permitted in all districts subject to the following requirements:
   (A)   Planned Unit Developments may be permitted in any zoning district. However, only those uses ordinarily permitted by right, by SUP, or as an accessory within the district the development is to be located may be included in the development. Uses requiring a SUP must satisfy requirements for the permit;
   (B)   Review of an application for a PUD SUP shall occur simultaneously with a review of plats submitted in compliance with the Liberty Subdivision Chapter;
   (C)   PUDs shall be located so that they have direct access to major or minor thoroughfares as shown on the Liberty Thoroughfare Plan;
   (D)   Streets within a PUD may be public or private according to the regulations of the Liberty Subdivision Chapter;
   (E)   The yard and height regulations set forth in § 154.066 may be modified for a PUD, provided that, for the development as a whole, excluding driveways and streets but including parks and other permanent open spaces, there shall not be less than the required area per dwelling unit for the district in which the development is located;
   (F)   Utilities shall be planned and installed according to the Liberty Subdivision Chapter;
   (G)   Provisions and plans for garbage and waste collection shall be included with the application;
   (H)   Buffers and screening shall be installed and maintained based on the types of individual uses contained within the development as per §§ 154.080 through 154.097;
   (I)   Signs will be regulated as per §§ 154.160 through 154.178;
   (J)   Off-street parking shall be provided as per §§ 154.135 through 154.147;
   (K)   General landscaping shall be installed and maintained. Plans indicating all required and nonrequired landscaping shall be submitted as part of the application; and
   (L)   Developments located within RMF, B1 and B2 districts may increase the permissible FAR to .35.
(1981 Code, § 831) (Ord. passed 6-28-2004)
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