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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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§ 154.223 RECREATIONAL VEHICLE; TRAVEL PARKS AND CAMPS.
   Recreational vehicle/travel parks and camps shall be permitted in R40 and B2 districts subject to the following regulations:
   (A)   Parks/camps shall have a minimum area of 2 acres;
   (B)   The minimum area occupied by any recreational vehicle or other camping structure shall be 1,500 square feet with a minimum width of 30 feet;
   (C)   A clearance of at least 20 feet shall be maintained between each recreational vehicle, camping structure and/or building within the park;
   (D)   Buffers and screening shall be provided as per §§ 154.080 through 154.097;
   (E)   All campsites shall abut a driveway which shall be paved and maintained in a serviceable condition to a continuous width of 25 feet. All interior drives shall have unobstructed access to a public street;
   (F)   The park/camp shall meet the standards for adequate fire protection as established by the latest edition of the National Fire Protection Association Bulletin No. 501-A;
   (G)   No recreational vehicle or other camping structure shall stay within any camp for a period of more than 30 days within a 6-month period;
   (H)   Parks/camps shall provide a service building containing toilet facilities provided as set forth below:
      (1)   For each 8 spaces or fraction thereof, there shall be provided the following:
         (a)   Male toilets to include 1 commode, 1 urinal, 1 lavatory and 1 shower;
         (b)   Female toilets to include 2 commodes, 1 lavatory and 1 shower; and
         (c)   Both toilets shall provide an adequate supply of hot and cold running water.
      (2)   All garbage and refuse in every park/camp shall be stored in a suitable watertight and fly-tight standard garbage receptacle and shall be kept covered with tight fitting covers. At least 1 like receptacle shall be provided and conveniently located for every campsite except where a dumpster or dumpsters are conveniently located and used in the same manner as separate receptacles. It shall be the duty of the park/camp operator to see that all garbage and refuse is disposed of regularly. It shall also be the duty of the park/camp operator to see that no materials which attract insects or rodents is stored or allowed to remain on the premises. All areas of the premises shall be kept clean and free from weeds or undergrowth.
   (I)   Signage shall be limited to 1 ground sign per establishment. The sign shall not exceed 16 square feet, may be illuminated and shall be an identification sign only. Location of sign shall be governed by sign regulations for the R40 district. No advertising signs of any nature shall be permitted.
(1981 Code, § 834) (Ord. passed 6-28-2004)
§ 154.224 PUBLIC, PRIVATE ELEMENTARY AND HIGH SCHOOLS.
   A public or private elementary or high school shall be permitted in any district except the I1 and IP districts, subject to the following standards, provided that it is a school in compliance with the North Carolina Compulsory Attendance Law. Customary accessory uses to schools shall also be permitted.
   (A)   The site for any private or public K to 5 school shall have an area of at least 3 acres, plus 1/2 acre for each 100 pupils, or major portion thereof, in excess of 300 pupils. A site shall have frontage on a suitable improved public street.
   (B)   The site for any public or private 6 to 12 school shall have an area of at least 5 acres, plus 1 acre for each 100 pupils, or major portion thereof, in excess of 250 pupils. The site shall have frontage on a suitable improved public street.
   (C)   (1)   All buildings shall be located at least 100 feet from street lines and at least 50 feet from all other property lines.
      (2)   Grandstands, gymnasiums, central heating plants and similar buildings shall be set back at least 100 feet from all property lines.
      (3)   The distance between buildings shall be at least the height of the taller building. Total coverage of the site by all buildings shall be limited to 30%.
   (D)   A school site shall contain suitable designed and improved outdoor playground or playfield areas.
   (E)   Playgrounds or playfields shall be located not closer than 50 feet to any property line.
   (F)   Buffering and screening shall be installed and maintained as set forth in §§ 154.080 through 154.097.
   (G)   Off-street parking and loading shall be provided in accordance with §§ 154.135 through 154.147.
   (H)   The parking areas and walkways shall be illuminated for public safety at night. However, the lighting shall be designed so as not to disturb adjacent properties.
(1981 Code, § 835) (Ord. passed 6-28-2004)
§ 154.225 ADULT ESTABLISHMENTS.
   (A)   Business dealing in any activity which exhibits specified sexual activities or specific anatomical areas.
   (B)   The display of specific of sexual activities or specific anatomical areas are not the primary function of the establishment, such as, but not limited to:
      (1)   Adult cabaret, adult lounge, adult bar, adult nightclub, adult carwash;
      (2)   Business dealing primarily in sexually explicit materials or activities; business dealing primarily in sexually explicit materials or activities including, but not limited to, adult book stores and adult motion picture theaters; or
      (3)   Massagist as permitted under the Liberty code of ordinances (The business, trade or profession of massagist and the carrying on of the business, trade or profession commonly known as massage parlors, health salons, physical culture studios or similar establishments wherein massage or physical manipulation is carried on or practiced, may be permitted subject to the following requirements):
         (a)   Minimum lot area as per§ 154.066;
         (b)   No use permitted under § 154.225 shall be located within 1,000 feet of another like use, as measured from the property line;
         (c)   No use permitted under § 154.225 shall be located with 1,000 feet of residentially zoned property, as measured from the property line;
         (d)   No use permitted under § 154.225 shall be located within 1,000 feet of a church or synagogue, as measured from the property line;
         (e)   No use permitted under § 154.225 shall be located within 1,000 feet of any school (public or private) as measured from the property line; and
         (f)   Plans shall be submitted:
            1.   Which meet the requirements of § 154.254; and
            2.   Plan shall include the following information:
               a.   Land owner;
               b.   Lessee; and
               c.   Hours of operation.
   (C)   Signs shall be limited to 1 ground sign and not more than 3 wall signs. No portable signs shall be permitted.
   (D)   Activities taking place on the premises shall be confined to the area inside the structure and not be visible from the street rights-of-way.
   (E)   Off-street parking (§§ 154.135 through 154.147) shall apply as required by the type of business. (Only applies to uses in B1 district).
(1981 Code, § 836) (Ord. passed 6-28-2004)
§ 154.226 NONCONFORMING SITUATIONS.
   (A)   Non-conforming lots. If a non-conforming lot of record cannot be used in conformance with all regulations other than those pertaining to minimum area or width, a special use permit may be issued if the following findings are made:
      (1)   The proposed use of the lot is one permitted by the regulations applicable to the district in which the property is located; and
      (2)   (a)   The property can be developed as proposed without any significant negative effect on the surrounding property or the public health, safety or welfare.
         (b)   The Town Council may allow deviations from applicable dimensional requirements (such as setback lines and minimum yard sizes) if it finds that no reasonable use of the property can be made without the deviations.
   (B)   Non-conforming situations; repairs to property. Maintenance and repair of property are encouraged. If proposed repairs to a nonconforming property are estimated to exceed 50% or more of the appraised value of the property to be renovated, a special use permit may be issued subject to the following:
      (1)   The Town Council must find that the proposed repairs or renovation will not result in a violation of §§ 154.250 through 154.254 below, dealing with extension or enlargement of nonconforming situations;
      (2)   The renovation will not make the property more incompatible with the surrounding neighborhood;
      (3)   If reconstruction is done in accordance with the repair of a partially or totally destroyed structure, all work shall proceed in accordance with §§ 154.250 through 154.254 below; and
      (4)   A building permit for the repair or renovation must be obtained from the Building Inspector.
   (C)   Non-conforming use; change to another non-conforming use. The Town Council may issue a special use permit to allow property used for a nonconforming use to be changed for use to a different nonconforming use, if the following findings are made:
      (1)   The proposed new nonconforming use will be more compatible with the surrounding neighborhood than the old nonconforming use in operation at the time the permit is applied for;
      (2)   If a nonconforming use is changed to any use other than a conforming use without obtaining a special use permit pursuant to §§ 154.250 through 154.254 below, that change will constitute a discontinuance of the nonconforming use with consequences as stated in §§ 154.250 through 154.254 below; and
      (3)   The above divisions (C)(1) and (2) shall apply equally to situations including any combination of nonconforming uses, or of conforming and nonconforming uses existing on any 1 lot or parcel of land.
   (D)   Reinstatement of a discontinued nonconforming use. If a nonconforming use has been discontinued for a period of 180 days or more, the Town Council may issue a special use permit to allow a reinstatement of that nonconforming use, subject to the following:
      (1)   The nonconforming use has been discontinued for a period of less than 2 years; and/or
      (2)   The discontinuance resulted from factors that, for all practical purposes, were beyond the control of the person or persons maintaining the nonconforming use.
   (E)   Allowing property to be used for a conforming use without correcting an existing nonconforming situation. The Town Council may issue a special use permit to allow property to be used for a conforming use without requiring correction of an existing nonconforming situation, if the following findings are made:
      (1)   The nonconforming situation cannot be corrected without undue hardship or expense; and
      (2)   The nonconforming situation is of a minor nature that does not adversely affect the surrounding property, or the general public, to any significant extent.
(1981 Code, § 837) (Ord. passed 6-28-2004)
§ 154.227 MENTAL INSTITUTION; SANITARIUM.
   (A)   All mental institutions/sanitariums shall have direct frontage onto a collector or arterial street, as shown on the Thoroughfare Plan.
   (B)   The minimum lot size shall be 5 acres with a minimum frontage of 200 feet.
   (C)   The structures shall be located a minimum of 200 feet from any zoning lot boundary.
   (D)   Signs shall be limited to 1 non-illuminated sign with a maximum area of 6 square feet. No other external evidence of the mental institution/sanitarium for identification or advertising purposes shall be permitted.
   (E)   At the time of the special use request, the operator of a facility shall provide information on, and if approved, shall utilize adequate measures to prevent the unauthorized exit of the patients. The more dangerous the patients are to the public, the more elaborate and certain the security measures shall be.
   (F)   Buffering and screening shall be as required by §§ 154.080 through 154.097.
   (G)   Parking shall be provided as required by §§ 154.135 through 154.147.
   (H)   The facility shall comply with all applicable federal, state and local requirements.
(1981 Code, § 838) (Ord. passed 6-28-2004)
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