CHAPTER 153:  UNIFIED DEVELOPMENT ORDINANCE
Section
General Provisions
   153.001   Authority and enactment clause
   153.002   Short title
Jurisdiction
   153.015   Jurisdiction
   153.016   Purpose
Definitions
   153.030   Interpretation of terms and words
   153.031   Definitions of specific terms and words
General Requirements
   153.045   Customary home occupations
   153.046   Screening
   153.047   Landscaping
   153.048   Screening and landscaping required prior to issuance of certificate of compliance
   153.049   Fences or walls permitted
   153.050   Lot to abut a dedicated street
   153.051   One principal building
   153.052   Visibility at intersections
   153.053   Temporary structures and uses
   153.054   Height calculations and exceptions
   153.055   Relief of front yard setback for certain dwellings
   153.056   Outdoor lighting
   153.057   Accessory structures
   153.058   Construction begun prior to adoption of chapter
   153.059   Reduction of lot and yard areas prohibited
   153.060   Use of manufactured homes and similar structures
   153.061   Uses not expressly permitted or conditional
   153.062   Location of required yards on irregular lots
   153.063   Vibration
   153.064   Noise
   153.065   Odor
   153.066   Yard sales
   153.067   Yard requirements not applicable to essential services, Class I
   153.068   Accessory day care center
   153.069   Commercial vehicles
   153.070   Canopies in NB, GB, PB and GMC Districts
   153.071   Canopies and awnings in CB, CBT District
   153.072   Subdivisions in the R-25 District in excess of 35 lots
   153.073   Reserved
   153.074   Supplementary requirements for development in the Central Business and Transitional Business Districts
   153.075   Supplemental regulations for retail establishments in excess of 85,000 square feet gross floor area
Establishment of Zoning Districts
   153.090   Introduction
   153.091   General zoning districts
   153.092   Overlay districts
   153.093   CU parallel conditional use districts
Zoning District Regulations
   153.105   R-25 Rural Residential District
   153.106   R-15 Single-Family Low Density Residential District
   153.107   R-10 Single-Family Medium Density Residential District
   153.108   R-8 Single and Two-Family Medium Density Residential District
   153.109   RMF Residential Multi-Family District
   153.110   R-O Residential Office District
   153.111   O-I Office Institutional District
   153.112   N-B Neighborhood Business District
   153.113   C-B Central Business District
   153.114   CBT Central Business Transitional District
   153.115   G-B General Business District
   153.116   P-B Planned Business District
   153.117   GMC General Manufacturing and Commercial District
   153.118   ROS Residential Office Single-Family
   153.119   MHO Manufactured Home Overlay District
   153.120   SH Special Highway Overlay District
   153.121   WSW Water Supply Watershed Overlay District
   153.122   Historic Overlay HO District
Nonconformities
   153.135   Purpose and applicability
   153.136   Nonconforming uses other than manufactured home parks, signs and junk yards
   153.137   Nonconforming structures
   153.138   Nonconforming accessory structures and uses
   153.139   Nonconforming lots
   153.140   Screening and landscaping
   153.141   Nonconforming off-street parking and/or loading
   153.142   Nonconforming manufactured home (mobile home) parks
   153.143   Nonconforming signs
   153.144   Exceptions to required removal after a specified period of time (amortization)
   153.145   Nonconforming junkyards
Signs
   153.160   General intent
   153.161   Sign illumination
   153.162   Unsafe signs
   153.163   Sign area
   153.164   Sign height
   153.165   Permit required and code compliance
   153.166   Signs not requiring permit
   153.167   Prohibited signs
   153.168   Signs permitted in all Residential (R) Districts
   153.169   Signs permitted in the O-I, N-B, G-B, P-B and GMC Districts
   153.170   Signs permitted in the C-B Central Business District and the CBT Central Business Transitional District
   153.171   Signs in the SH Special Highway Overlay District
   153.172   Specifications for signs requiring a permit
   153.173   Hotel and lodging facilities sign provisions
   153.174   Additional provision for church signs
Off-Street Parking and Loading Requirements
   153.185   Off-street parking requirements
   153.186   Driveways for all uses other than one or two-family residential
   153.187   Off-street loading requirements
   153.188   Conditional use permits for off-street parking in residential zones
Manufactured Home Parks
   153.200   Compliance with this part
   153.201   Manufactured home park site plan and application approval
   153.202   Standards
Planned Developments
   153.215   Planned residential developments
   153.216   Planned unit developments (mixed use)
   153.217   Application requirements and review procedures
   153.218   Planned developments in Water Supply Watershed Overlay District; cluster developments
   153.219   Traditional neighborhood developments
   153.220   Transitional infill developments
Conditional Uses
   153.235   Conditional uses
   153.236   Procedures
   153.237   City Council decision
   153.238   Additional review criteria
   153.239   Binding effect
   153.240   Certificate of occupancy
   153.241   One-year limitation on re-application
   153.242   Change in conditional use permit
   153.243   Implementation of condition use permit
   153.244   Changes in conditional uses within shopping centers
Zoning Administration
   153.255   Administrator
   153.256   Certificate of compliance
   153.257   Designation of Class A status for placement of manufactured homes on individual lots
   153.258   Site plan review requirements
   153.259   Right of appeal
   153.260   Remedies
   153.261   Complaints regarding violations
Board of Adjustment
   153.275   Powers, duties and procedures
   153.276   Administrative review
   153.277   Variances
   153.278   Relief to dimensional regulations for authentic restoration or reconstruction of off-street parking requirements in an HO Historic Overlay District
   153.279   Nonconformities
   153.280   Application procedure
   153.281   Appeals from the Board of Adjustment
Historic District Commission
   153.295   Creation
   153.296   Tenure
   153.297   Qualifications
   153.298   Meetings
   153.299   Attendance of meetings
   153.300   Rules of procedure
   153.301   Annual report, required
   153.302   Meeting minutes
   153.303   Commission powers
Amendments
   153.315   Amendments to text and map
   153.316   Additional provisions pertaining to parallel conditional use zoning amendments
Legal Status Provisions
   153.330   Conflict with other laws
   153.331   Separability
   153.332   Effective date
Implementation of the Statutory Vested Right Provisions of G.S. § 160A-385.1
   153.345   Purpose
   153.346   Definitions
   153.347   Establishment of a zoning vested right
   153.348   Approval; procedures and approval authority
   153.349   Duration
   153.350   Termination
   153.351   Voluntary annexation
   153.352   Limitations
   153.353   Repealer
   153.354   Effective date
Subdivision Regulations
   153.370   Authority, purpose and conflict with other laws
   153.371   Plats to be approved
   153.372   Thoroughfare plan
   153.373   School sites on land use plan
   153.374   Zoning and other plans
   153.375   General procedure for plat approval
   153.376   Statement by owner
   153.377   Issuance of building permits on subdivision lots
   153.378   Waivers and modifications
   153.379   Plat shall be required on any subdivision of land
   153.380   Approval prerequisite to plat recordation
   153.381   Appeals
   153.382   Procedure for review of minor subdivisions
   153.383   Submission and review procedure for major subdivisions sketch plan
   153.384   Preliminary major subdivision plat submission and review
   153.385   Final subdivision plat submission and review
   153.386   Planning unit developments (PUDs) and planned residential developments (PRDs)
   153.387   Information to be contained in or depicted on preliminary and final plats
   153.388   Recombination of land
   153.389   Resubdivision procedures
   153.390   General
   153.391   Suitability of land
   153.392   Name duplication
   153.393   Subdivision design
   153.394   Easements
   153.395   Street standards
   153.396   Water and sewer systems
   153.397   Stormwater drainage systems
   153.398   Other requirements
 
   153.999   Penalty
Statutory reference:
   Authority to enact zoning provisions, see G.S. § 160A-381
GENERAL PROVISIONS
§ 153.001  AUTHORITY AND ENACTMENT CLAUSE.
   Zoning provisions enacted herein are under the authority of G.S. § 160A-381, which extend to cities the authority to enact regulations that promote the health, welfare and safety of the community. It is further authorized under G.S. § 160A-382 that cities are allowed to regulate and restrict the erection, reconstruction, alteration, repair or use of buildings, structures or land. This section further authorizes the establishment of overlay districts in which additional regulations may be imposed upon properties that lie within the boundary of that district. The General Statutes also require that all regulations be uniform for each class or type of building throughout each district, but that the regulations in one district may differ from those in other districts.
(Prior UDO, § 1)
§ 153.002  SHORT TITLE.
   This chapter shall be known and may be cited as the zoning regulations of the city.
(Prior UDO, § 2)
JURISDICTION
§ 153.015  JURISDICTION.
   The provisions of this chapter shall apply within the corporate limits of the city and within the territory beyond the corporate limits as now or hereafter fixed, the territory being more particularly described on the city’s official zoning map as certified by the City Clerk. The area shall also be referred to as the planning jurisdiction of the city. The planning jurisdiction boundary lines shown on the map shall be incorporated and made a part of this chapter as if fully set out herein.
(Prior UDO, § 3.1)
§ 153.016  PURPOSE.
   (A)   The purpose of the zoning regulations shall be to regulate the height, number of stories and size of buildings and other structures; the size of yards and other spaces; the density of population; the location and use of buildings, structures and land for trade and residence, and other purposes, so as to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote desirable living conditions and the sustained stability of neighborhoods; to discourage blight; to conserve the value of buildings and land; to facilitate the adequate and economic provision of transportation, water, sewerage, schools, parks and other public facilities and services; and to encourage the most appropriate use of land, buildings, and other structures within the planning jurisdiction of this chapter.
   (B)   The zoning districts as depicted on the city’s official zoning map have been made with due consideration of future growth, development, and change in land development according to objectives expressed in the general plan for the development of the community, as well as with due consideration of existing development and uses of land in the city and its planning jurisdiction and uses of land in adjacent areas.
   (C)   These regulations and districts represent reasonable consideration of the character of the districts and their peculiar suitability for particular uses of land and have been made with a view to preserving the existing environment and/or assuring the development of a future environment that realizes the greatest possible use and enjoyment of land on individual properties. This is balanced against the necessary protection of the values of buildings and land and the use and enjoyment of land on adjacent properties and with the objective of promoting and protecting the public welfare through the regulation of land use and the process of land development.
(Prior UDO, § 3.2)
DEFINITIONS
§ 153.030  INTERPRETATION OF TERMS AND WORDS.
   (A)   Generally.  For the purpose of interpreting this chapter, certain words or terms are herein defined. The definitions shall apply to the usage of words throughout this chapter except where specifically exempted. Definitions, as they are to be applied to specific sections of the chapter, are found in §§ 153.121(B) and 153.346.
   (B)   Interpretation of terms and words.
      (1)   Words used in the present tense include the future tense.
      (2)   Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context of the particular usage clearly indicates otherwise.
      (3)   The word PERSON includes a firm, association, organization, partnership, corporation, trust and company as well as an individual.
      (4)   The word LOT includes the word PLOT or PARCEL.
      (5)   The word BUILDING includes the word STRUCTURE.
      (6)   The words SHALL and MUST are always mandatory (and not merely directory). The word MAY is directory and not mandatory.
      (7)   The words USED or OCCUPIED as applied to any land or building shall be construed to include the words INTENDED, ARRANGED, DESIGNED OR DESIGNATED TO BE USED OR OCCUPIED.
      (8)   The word MAP or ZONING MAP or CITY ZONING MAP shall mean the official zoning map of the City of Lincolnton, North Carolina.
      (9)   Any word denoting gender includes the female and the male.
      (10)   The term CITY COUNCIL shall mean the City Council of Lincolnton, North Carolina.
      (11)   The term PLANNING BOARD shall mean the Planning Board of the City of Lincolnton, North Carolina.
      (12)   The term BOARD OF ADJUSTMENT shall mean the Board of Adjustment of the City of Lincolnton, North Carolina.
      (13)   The term LAND DEVELOPMENT PLAN shall mean the Lincolnton land development plan adopted by the Lincolnton City Council on July 13, 2003, and any amendments thereto.
      (14)   The term ADMINISTRATOR shall mean the Zoning Administrator of the City of Lincolnton, North Carolina and/or the Subdivision Administrator of the City of Lincolnton, North Carolina. Furthermore, this position may also be referred to as the Unified Development Administrator.
      (15)   The term PLANNING DEPARTMENT shall mean the Planning Department of the City of Lincolnton, North Carolina.
      (16)   The term CITY MANAGER shall mean the City Manager of the City of Lincolnton, North Carolina.
      (17)   The term DEEDS OFFICE shall mean the Office of the Register of Deeds of Lincoln County, North Carolina.
      (18)   The term BUILDING SIDE shall include front, rear, right and left sides unless otherwise noted.
      (19)   Where there is a discrepancy between the text in this chapter and an illustration that is used to depict the text, the text shall prevail.
(Prior UDO, § 4.1)
§ 153.031  DEFINITIONS OF SPECIFIC TERMS AND WORDS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Except where specifically noted, the following is a list of terms and words used in this chapter. All words not specifically defined in this chapter shall be assigned their customary dictionary definitions. Additional definitions are found in §§ 153.121(B) and 153.346.
   ABANDONMENT.  A use shall be deemed to be abandoned when:
      (1)   The use is discontinued for a consecutive period of 180 days;
      (2)   The premises are devoted to another use;
      (3)   When the characteristic equipment and furnishings of the nonconforming nonresidential use have been removed from the premises and have not been replaced by the same or similar equipment within 30 days; or
      (4)   Failure to take all positive action to resume the nonconforming use with reasonable dispatch, including the failure to advertise the property for sale or for lease.
   ACCESSORY STRUCTURE.  A structure detached from the principal structure on the same lot and customarily incidental and subordinate to the principal structure.
   ACCESSORY USE.  A use customarily and clearly incidental and subordinate to the principal use or building and located on the same lot with the principal use or building.
   ADMINISTRATOR, UNIFIED DEVELOPMENT.  The administrative official(s) appointed by the City Manager of the City of Lincolnton to administer this chapter. This person(s) may also be referred to as the ADMINISTRATOR.
   ADULT CABARET.  Any place featuring topless dancers, go-go dancers, strippers, male or female impersonators or entertainers displaying SPECIFIED ANATOMICAL AREAS as defined by G.S. § 14-202.10 as the statute may be amended from time to time, or other similar entertainers.
   ADULT ESTABLISHMENT.  Any place as defined by G.S. § 14-202.10 as the statute may be amended from time to time, including adult cabarets, except that the definition of massage business shall not include any establishment or business where massage is practiced that is a health club, exercise studio, hospital, physical therapy business or other similar health-related business. ADULT ESTABLISHMENT specifically includes, however, any massage business where massages are rendered by any person exhibiting specified anatomical areas. SPECIFIED ANATOMICAL AREAS are those defined by G.S. § 14-202.10 as the statute may be amended from time to time.
   AGRICULTURE USES.  The commercial production, keeping or maintenance, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, goats or any mutations or hybrids thereof, including the breeding and grazing of any or all or the animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including nuts and vegetables; nursery, floral and ornamental products; or lands devoted to a soil conservation or forestry management program.
   ALLEY.  A public or private way that affords only a secondary means of access to abutting property and not intended for general traffic circulation.
   ALTERATION.  A change in the size, configuration, or location of a structure; or a change in the use of a structure or lot from a previously approved or legally existing size, configuration, location or use.
   ANIMAL HOSPITAL.  A place where animals are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use. All facilities associated with an animal hospital shall be located indoors.
   ANIMAL KENNEL.  A commercial enterprise where more than six dogs or other domesticated animals are groomed, bred, boarded, trained or sold.
   ARCADE, AMUSEMENT CENTER or GAME ROOM.  An establishment operated for profit where two or more billiard tables or ten or more other type amusement devices and/or games of skill such as video games, pinball or table games, are provided for public use. This definition shall be construed to include facilities for the conduct of bingo gaming as a principal use.
   ATRIUM HOUSE.  Attached or semi-attached one-story house on a small lot, the lot having a small yard space that is surrounded by the house and its privacy walls. As distinguished from the patio house, an ATRIUM HOUSE is always one-story, its yard space and lot size is usually smaller, and it is always attached (to another unit) in some fashion.
   AUTO HOBBYIST.  One who collects, repairs or alters automobiles to which he or she holds title for enjoyment, and not for commercial purposes, as an incidental, use on the premises where the person resides.
   AUTOMOBILE BODY SHOP.  Any building, premises and land in which or upon which a business is conducted that primarily involves the painting of vehicles or external repairing of damaged vehicles.
   AUTOMOBILE GARAGE, REPAIR AND SERVICE.  Any building, premises and/or land in which or upon which a business is conducted involving the maintenance or servicing of vehicles.
   AUTOMOBILE PARTS SUPPLY STORE.  An establishment that sells new and/or rebuilt automobile parts and accessories but does not include junkyards, used auto parts sales, or the installation of parts.
   AWNING.  A structure made of cloth, metal, or other material affixed to a building in a manner that the structure may be raised or retracted from a building to a flat position against the building, but not a canopy.
   BAIL BOND SERVICE. An establishment that provides surety, pledge money, property or other financial transfers for the purpose of securing the release from jail of an accused defendant pending trial.
   BANNER.  A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentation applied to plastic or fabric of any kind, excluding flags and emblems of political, professional, religious, educational or corporate organizations.
   BED AND BREAKFAST.  A use that:
      (1)   Takes place within a building that at any time prior to the establishment, was designed and used as a single-family residence;
      (2)   Consists of renting one or more dwelling rooms on a daily basis to tourists, vacationers and similar transients;
      (3)   Where the provision of meals, if provided at all, is limited to the breakfast meal, available only to guests; and
      (4)   Where the bed and breakfast operation is conducted primarily by persons who reside in the dwelling unit, with the assistance of not more than the equivalent of two full-time employees.
   BLOCK.  A piece of land bounded on one or more sides by streets or roads.
   BOARDING HOUSE.  A building where, for compensation, rooms and/or meals are provided for not less than three persons and not more than 12 persons; provided however, the operator or owner must reside within a separate dwelling unit within the building.
   BUILDING.  An structure temporary or permanent, having a roof or other covering supported by columns or walls and intended for the shelter, housing or enclosure of any person, animal, process, equipment, goods, materials or chattels of any kind or nature. The term BUILDING shall be construed as if followed by the words OR PARTS THEREOF.
   BUILDING, ACCESSORY.  A building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith.
   BUILDING HEIGHT.  The vertical distance from the mean elevation of the finished grade along the front of the building to the highest point of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridges for gable, hip and gambrel roofs.
   BUILDING, PRINCIPAL.  A building in which is conducted the principal use on the lot on which the building is situated. In a residential district, any structure containing a dwelling unit shall be deemed to be the PRINCIPAL BUILDING on the lot where it is located.
   BUILDING SETBACK LINE.  A line establishing the minimum allowable distance between the nearest portion of any building, including porches, (but excluding steps, ramps, bay windows, awnings, and HVAC equipment) and the nearest edge of the street right-of-way when measured perpendicularly thereto.
   BUILDING WALL.  The entire surface area, including windows and doors, of an exterior wall of a building. For the purposes of this chapter, the area of a wall will be calculated for a maximum of 50 feet in height of a building.
   BULLETIN BOARD.  A sign used to announce meetings or programs to be held on the premises of a church, school, auditorium, library, museum, community recreation center, or similar noncommercial places of public assembly.
   BUSINESS PARK.  A development on a tract of land which contains two or more separate office buildings, constructed and managed in an integrated and coordinated basis. A BUSINESS PARK may also be cited as an office park.
   CANOPY.  A permanent structure, other than an awning, attached or unattached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A CANOPY is not a completely enclosed structure.
   CARNIVAL.  A traveling enterprise offering amusements.
   CEMETERY.  Property used for the internment of the dead, which use may include the commercial sale and location of burial lots, crypts or vaults for use exclusively on the subject property. A CEMETERY shall not be used for the preparation or embalming of bodies or the cremation of bodies. Setbacks for cemeteries shall be measured from the nearest structure or gravesite.
   CERTIFICATE OF APPROPRIATENESS.  A certificate issued by the Historic District Commission indicating its approval of plans for alteration, construction, removal or demolition of a landmark or of a structure within a HO - Historic Overlay District.
   CERTIFICATE OF COMPLIANCE.  A document issued by the city allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with this chapter and all other applicable regulations.
   CHECK CASHING ESTABLISHMENT. A business, other than a bank or financial institution, that cashes checks, drafts, and money orders for a fee, service charge, or other consideration regulated pursuant to the provisions of G.S. Ch. 53, Art. 22.
   CHILD ADVOCACY CENTER.  A facility providing treatment and resources for child abuse victims and non-offended family members. Facilities housed in the center include staff offices, medical exam rooms, forensic interview rooms and other similar facilities.
   CHURCH/HOUSE OF WORSHIP.  A building or structure, or group of buildings or structures, which by design and construction are primarily intended for conducting organized religious services whose site may include an accessory area for the interment of the dead.
   CIRCUS.  A large enclosed area used especially for sports and animal performances.
   CLUSTER HOUSING.  A development pattern where the dwelling units are grouped or clustered on a density basis for the total land area of the development, rather than spread evenly throughout the site on a lot-by-lot basis. A CLUSTER HOUSING DEVELOPMENT includes permanent open space usually owned and maintained by a homeowner’s association or the developer.
   COMMUNITY CENTER.  A building used for recreational, social, educational and cultural activities, usually owned and operated by a public or non-profit group or agency.
   CONDITIONAL USE.  Any use authorized by a conditional use permit.
   CONDITIONAL USE PERMIT (CUP).  A special authorization for a specific use (other than a permitted use) within the zoning district, which is subject to any special restrictions or conditions on its location, size, extent or character of use as determined by the City Council in order to ensure consistency with the intent and character of the zoning district in which the use is located.
   CONDOMINIUM.  A building, or a group of buildings, in which units are owned individually and the structure, common areas and facilities are owned by all of the owners on a proportional basis.
   CONSTRUCTION.  The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.
   CONSTRUCTION TRAILER.  A structure standing on wheels towed or hauled by another vehicle which is used for neither overnight nor year round occupancy and is used exclusively at a construction project on a temporary basis for office or storage purposes.
   CONTIGUOUS.  Next to, abutting, or touching and having a boundary, or portion thereof, which is contiguous including properties traversed or separated by a road, stream, right-of-way or similar manmade or natural configuration.
   CONTINUING CARE COMMUNITIES.  Also called LIFE CARE COMMUNITIES and CONTINUING CARE RETIREMENT COMMUNITIES, these complexes include independent living units (apartments, condominiums, or cottages), assisted living (domiciliary care) facilities and/or nursing home beds. Residents may pay an entry fee which purchases a housing unit that can be used for the rest of their lives or units may be made available on a rental basis. If owned, the unit often reverts back to the development owner upon the death of the resident or surviving spouse.
   CONVENIENCE STORE.  A one-story retail store containing less than 3,600 square feet of gross floor area that is designed and stocked to sell primarily fuel, food (packaged and/or prepared), beverages and other household supplies to customers who purchase a relatively few items (in contrast to a super market). It is designed to attract, and depends upon, a large volume of stop-and-go traffic. If fuel is sold, the sale of fuel shall be limited to the hours of 6:00 a.m. and 12:00 midnight. See definition of EXPRESS FUEL/MINI-MART.
   COPY SERVICE.  An establishment that provides photocopying, facsimile transmission (FAX), typing and/or word processing services and may provide light duty printing service through the use of small offset presses (e.g., printing of business cards, envelopes, forms, and other documents as opposed to heavy duty commercial printing). No printing machine noises are heard or vibrations felt outside the building in which a copy service is located.
   COUNTRY CLUB.  A land area and buildings containing recreational facilities, clubhouses and usual accessory uses, open to members and their guests.
   CROSSWALK.  A specially paved or marked path for pedestrians crossing a road.
   CUL-DE-SAC.  A street containing a turnaround at the end or the turnaround located at the end of a street.
   CUSTOMARY HOME OCCUPATION.  Any use of a commercial service customarily conducted within a dwelling (except as otherwise specifically provided for in this chapter) by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior physical, visual, audible or other sensory evidence of the secondary use; where no power other than that used in the home is used; where no signs other than one unlighted sign not in excess of three square feet is displayed; where no merchandise or other articles are stored in the open or in accessory resident buildings or are displayed for advertising purposes; where no assistants other than family members are employed or otherwise report for work; and which an area equivalent of not more than 25% of the principal building is used.
   DAY CARE CENTER.  A place where daytime care is provided to six or more children, older adults or adults with disabilities unrelated by blood or marriage to, and not the legal wards or foster children of the attendant adult, within an occupied residence. Care recipients who are related by blood or marriage to the attendant adult shall not be counted as patrons of the DAY CARE CENTER.
   DAY CARE CENTER, ACCESSORY.  A day care center facility located on the premises or adjacent to the premises of an office use, institutional use, commercial use, industrial use or group development for the primary purpose of care for the dependents of employees of a commercial, office, institutional or industrial use or of persons employed with a group development. Two or more businesses may jointly operate or sponsor one ACCESSORY DAY CARE CENTER. At least 50% of the clients enrolled shall be dependent of employees of the establishment(s) or of businesses within the group development sponsoring the facility.
   DAY CARE CENTER, SMALL GROUP.  A place where daytime care is provided to not more than five children unrelated by blood or marriage to, and not the legal wards or faster children of the attendant adult, within an occupied residence. Children who are related by blood or marriage to the attendant adult shall not be counted as patrons of the SMALL GROUP DAY CARE CENTER.
   DEMOLITION.  Any act or process that destroys in part or in whole a landmark or a structure on a lot or property.
   DENSITY GROSS.  A ratio expressed as the number of dwelling units per gross acre. The ratio is derived by dividing the total number of dwelling units by the total land area (in acres) used or proposed to be used for purposes such as buildings, road, facilities and open spaces.
   DOMESTIC VIOLENCE SHELTER.  A structure providing temporary habitation for not more than 15 people, including family members, who are victims of domestic violence.
   DUPLEX.  See DWELLING, TWO-FAMILY.
   DWELLING, ATTACHED.  A single-family dwelling attached to two or more one-family dwellings by common vertical walls.
   DWELLING, DETACHED.  A dwelling unit that is developed with open yards on all sides including modular homes but not including manufactured homes.
   DWELLING, MULTI-FAMILY.  A building, or portion thereof, used or designed as a residence for three or more families living independently of each other in separate dwelling units, including apartments, townhouses and condominiums.
   DWELLING, SINGLE-FAMILY.  A detached building designed for or occupied exclusively by one family, but not to include manufactured homes as defined by this chapter.
   DWELLING, TWO-FAMILY.  A building arranged or designed to be occupied by two families living independently of each other in separate dwelling units.
   DWELLING UNIT.  A room or combination of rooms designed for year-round habitation, containing self-sufficient bathroom and kitchen facilities, connected to all required utilities, and designed for or used as a residence by one family.
   EASEMENT.  A grant by the property owner to the public, a corporation, or persons of the right to use a specified portion of a tract or tracts of land for a specified purpose.
   ENGINEER, CITY.  As designated by the City Council, a consultant or consulting firm(s) or city employee engaged or hired to provide engineering services for the city.
   ESSENTIAL SERVICES.
      (1)   Publicly or privately-owned facilities or systems for the distribution of gas, electricity, steam, or water; the collection and disposal of sewage or refuse; the transmission of communications; or similar functions necessary for the provision of public services. Radio transmission facilities for use by ham radio operators or two-way radio facilities for business or governmental communications shall be deemed accessory uses and not ESSENTIAL SERVICES, provided no transmitter or antenna tower exceeds 100 feet in height.
      (2)   ESSENTIAL SERVICES are divided into the following three classes:
         (a)   Class I.  Transmission lines (whether, subterranean or overhead) including electrical, natural gas, and water distribution lines; sewer gravity lines and pressure mains; underground septic tanks and drain fields, cable television and telephone transmission lines; or similar utility lines.
         (b)   Class II.  Booster stations, pumping stations, switching facilities, substations, lift stations, or other similarly required facilities in connection with telephone, electric steam, water, sewer or other similar utilities.
         (c)   Class III.  Generation, production or treatment facilities such as power plants, sewage treatment plats, radio and television transmission towers, or similar utilities; operations centers for providers of essential services; and solid waste deposit stations where solid waste is deposited by the public in containers prior to the waste being hauled to another facility for disposal.
   EXPRESS FUEL/MINI MART.  A one-story retail store containing less than 3,600 square feet of gross floor area that is designed and stocked to sell a large volume of fuel and may also sell prepared and/or packaged foods, beverages, and household and picnic supplies, and automobile incidentals. It is designed to attract and depends upon a large volume of fueling and stop-and-go traffic. Automotive mechanical and/or maintenance services are not provided. Any retail business which generally meets the forgoing description and which sells fuel between the hours of 12:00 midnight and 6:00 a.m. shall be deemed an EXPRESS FUEL/MINI-MART.
   FAMILY.  An individual, or two or more persons related by blood, marriage or adoption living together as a single housekeeping unit, exclusive of household servants; or a group of not more than six persons who need not be related by blood, marriage or adoption living together as a single housekeeping unit.
   FAMILY CARE HOME.  A home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident persons with disabilities, the person with disabilities defined in G.S. § 168-21(2).
   FAMILY THEME PARK.  An amusement and recreational facility with both indoor and outdoor amusements and including but not limited to enclosed game rooms, miniature 18 hole golf courses, batting cages, go-cart tracks, and remote controlled miniature car and boat operation facilities.
   FARMERS’ MARKET.
      (1)   FARMERS’ MARKET (SMALL SCALE).  A market (normally conducted outdoors) on pre-established dates at which locally and regionally grown fruits and vegetables are sold on a retail basis. Baked good items and handmade crafts may also be sold but may not constitute a majority of total sales.
      (2)   FARMERS’ MARKET (LARGE SCALE).  A market (normally with both indoor and outdoor facilities) normally with daily operating hours at which locally and regionally grown fruits and vegetables are sold on a retail basis. Baked good items, handmade crafts, produce items not native to the region, and other retail items may also be sold but may not constitute a majority of total sales.
   FEED AND FLOUR MILLS.  An establishment at which feed and grain are milled and stored.
   FEED AND SEED STORE.  A retail establishment at which animal feed, crop seeds and related products are sold. The milling or grinding of feed or flour at the establishments shall be prohibited as shall the storage of milled products.
   FINANCE COMPANY.  A commercial establishment that makes short and long term loans to individuals.
   FINANCIAL INSTITUTION.  A commercial bank, a mortgage bank, a savings bank, a savings and loan association, or a credit union any of which are licensed, insured or chartered by the United States of America or the state.
   FLAG.  A piece of durable fabric of distinctive design attached to a permanent pole that is used as a symbol or decorative feature.
   FLEA MARKET.  An open-air market for new and/or second-hand articles and goods sold by one or more merchants that is conducted on an open nonresidential lot. Occasional yard sales conducted by individuals or nonprofit organizations shall not be deemed FLEA MARKETS, provided the yard sales are not conducted on more than six days per year or in the case of nonprofit organizations not more than ten days per year.
   FLOOR AREA RATIO (FAR).  The gross floor area of all buildings on a lot divided by the lot area. When computing this figure, the gross floor area of all enclosed parking deck buildings shall be excluded.
   FLORIST.  A retail commercial establishment where flowers or ornamental plants are sold indoors.
   FREEWAY BUSINESS SIGN.  A sign which directs attention to an activity upon the premises where the sign is located so that the traveling public utilizing the limited access highway is conveniently provided with transient type services without endangering movement along and access to and from the limited access highway.
   FRONTAGE.  All the property abutting on one side of a street, not interrupted by an intersecting street, and measured along the street line.
   GOLF COURSE.  A tract of land for playing golf, improved with trees, fairways, hazards and which may also include as accessories clubhouses, shelters, golf ranges, and ball driving and golf course maintenance facilities.
   GRADE OF STREET.  The height of the top of the curb, or if no curb exists, the height of the edge of pavement in the lane of travel adjacent to the side of the street at which grade is being measured.
   GREENHOUSE.  A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale.
   GREENHOUSE, COMMERCIAL.  An establishment whose primary business is the growing of plants through the use of one or more on-premises greenhouses.
   GROSS FLOOR AREA.  The sum of the gross horizontal areas of each floor of the principal building, measured for the exterior walls or from the centerline of the party walls, including the floor area of accessory structures. The term does not include any area used exclusively for the parking of motor vehicles or for building or equipment access such as stairs, elevator shafts and maintenance crawlspaces or unused attics. This term also excludes pedestrian walkway common areas within enclosed shopping areas.
   GROUND COVERS.  Low growing plants such as grasses, ivies, creeping bushes and similar decorative planting. Where required by this chapter, GROUND COVERS shall have the capability of soil stabilization and erosion control.
   GROUP DEVELOPMENT.  A group of two or more principal structures built on a single lot, tract or parcel of land not subdivided into the customary streets and lots and which will not be so subdivided into the customary streets and lots and which will not be so subdivided, and designed for occupancy by separate families, businesses or other enterprises. Examples would be:  cluster-type subdivisions, row houses, apartment complexes, housing projects, school and hospital campuses and shopping centers.
   GROUP HOME FOR AT-RISK YOUTH.  A home with support personnel that provides room and board, personal care and habilitation services for not more than 12 at-risk youth between the ages of ten and 17 years.
   GROUP HOME FOR PREGNANT WOMEN IN RECOVERY FROM SUBSTANCE ABUSE.  A home with support personnel that provides room and board, personal care and habilitation services for not more than 20 pregnant women in recovery from substance abuse.
   GUN AND AMMUNITION SPECIALTY STORE.  An establishment that specializes primarily in the sale of firearms, ammunition, hunting equipment and related items. A store such as a variety store, catalog showroom, department store, general sporting goods store or pawn shop which sells the items only as a sideline among a wide variety of merchandise shall not be deemed a GUN AND AMMUNITION SPECIALTY STORE.
   HEALTH CENTER.  A center, operated by a public agency, providing outpatient and short term hospital facilities for medical and mental health patients, as well as dental and social services.
   HELISTOP.  A facility or structure that is intended or used for the landing and takeoff of rotary wing aircraft in support of principal permitted uses, but not including the regular repair, fueling or maintenance of aircraft or the sale of goods or materials to users of the aircraft.
   HOMELESS SHELTER.  A structure providing temporary habitation for not more than 35 homeless people. Qualified personnel shall staff HOMELESS SHELTERS on a full-time basis.
   HOSPITAL.  As defined in G.S. § 131E-76.
   HOTEL.  A facility offering transient lodging accommodations to the general public and may provide additional services such as restaurants, meeting rooms and recreation facilities.
   IMPERVIOUS SURFACE.  Any land surface covered by buildings or other material which reduces or prevents absorption of rainwater or other precipitation. Examples of this include buildings, canopies, paved surfaces and swimming pools.
   IMPERVIOUS SURFACE RATIO.  The gross area of all impervious surfaces on a lot divided by the lot area.
   JAIL.  As distinguished from a penal institution, a JAIL is a facility operated by Lincoln County (or a private contractor thereof) used for the temporary incarceration of persons after arrest or pending hearing or trial or for the incarceration and or housing of persons serving sentences. The sentences are generally shorter than those assigned to state institutions and may involve work release or other types of overnight and/or weekend only incarceration in the facility.
   JUNK YARD.  The use of more than 600 square feet of the area of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles or other vehicles, appliances or machinery or parts thereof.
   LANDMARK.  A property or structure designated as a LANDMARK by ordinance of the City Council, pursuant to procedures prescribed in G.S. §§ 160A-400.1 through 160A-400.14, whereby it has been determined to be worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the city.
   LINK. The portion of a street defined by a node at each end or at one end. Approved stubs to adjacent property shall be considered LINKS. However, alleys shall not be considered LINKS.
   LOADING SPACE, OFF-STREET.  An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
   LOT.  A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use or combination of uses, together with the customary accessories and open spaces belonging to the same. Utility and drainage easements located within the lot shall be deemed to be a part of that lot.
   LOT AREA (SIZE).  The total horizontal area within the legal lot lines of a lot exclusive of any portions of the lot that lie within street rights-of-way.
   LOT, CORNER.  A lot located at the intersection of two or more roads. A lot abutting on a curved road or roads shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines are equal, in which case the owner shall be required to specify which is the front when requesting a zoning permit.
   LOT DEPTH.  The average horizontal distance between the front and rear lot lines.
   LOT, INTERIOR.  A lot other than a corner lot.
   LOT LINE.  A line of record bounding a lot that separates one lot from another lot or separates that lot from a public or private street or any other public space.
   LOT LINE, FRONT.  The lot line separating a lot from a street right-of-way.
   LOT LINE HOUSE.  A single-family detached dwelling unit that is placed against one of the side lot lines. The dwelling unit has a front and rear yard but only one side yard.
   LOT LINE, INTERIOR.  A lot line that does not have street frontage.
   LOT LINE, REAR.  The lot line opposite and most distant from the front lot line.
   LOT LINE, SIDE.  Any lot line abutting another lot and which is not a front or rear lot line.
   LOT OF RECORD.  A lot which is part of a subdivision, a plat of which has been recorded in the Deeds Office or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this chapter.
   LOT, PANHANDLE.  A lot other than one having access on a cul-de-sac, which contains a narrow strip providing street access.
   LOT, REVERSE FRONTAGE.  A through lot which is not accessible from one of the parallel or non-intersecting streets upon which it fronts.
   LOT, SINGLE-TIER.  A lot that backs upon a limited access highway, a railroad, a physical barrier, or another type of land use and to which access from the rear is usually prohibited.
   LOT, THROUGH.  A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
   LOT WIDTH.  The distance between side lot lines measured at the building setback line.
   MANUFACTURED HOME (MOBILE HOME).  A dwelling unit that:
      (1)   Is not constructed in accordance with the standards set forth in the North Carolina State Building Code (Uniform Residential Building Code for One- and Two-family Dwellings);
      (2)   Is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis; and
      (3)   Exceeds 40 feet in length and eight feet in width.
   MANUFACTURED HOME (MOBILE HOME), CLASS A.  A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria:
      (1)   The minimum width (the width being the narrower of the two overall dimensions) of the main body of the manufactured home as assembled on the site shall be at least 22 feet for a distance extending along the length (the length being the longer of the two overall dimensions) of at least 20 feet;
      (2)   The pitch of the roof of the manufactured home has a minimum vertical rise of two and two-tenths feet for each 12 feet of horizontal run, the roof is finished with a type of shingle that is commonly used in standard residential construction and which does not exceed the reflectivity of gloss white paint, and the roof has an overhang (eave) extending at least ten inches from each vertical exterior wall. A site-installed gutter may be counted in the width of the eave;
      (3)   The exterior siding consists of wood, hardboard, vinyl, brick or aluminum and shall be comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction, and which does not exceed the reflectivity of gloss white paint;
      (4)   A continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, shall be installed upon a poured concrete footer after placement on the lot, and before occupancy;
      (5)   The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy;
      (6)   The manufactured home is set up on the site in accordance with the standards set by the North Carolina Department of Insurance;
      (7)   Stairs, porches, entrance platforms and other means of entrance and exit to the manufactured home shall be installed and constructed in accordance with the standards set by the North Carolina Department of Insurance; and
      (8)   The manufactured home is oriented on the site in a manner that the side having the main entrance, and by design intended to be the front of the manufactured home is generally parallel to a public street abutting the site.
   MANUFACTURED HOME (MOBILE HOME), CLASS B.  A manufactured home that meets all of the criteria of a Class A manufactured home, except criteria divisions (1), (2), (3), (4) and (8).
   MANUFACTURED HOME (MOBILE HOME), PARK.  A parcel of land under single ownership on which three or more manufactured homes are occupied as residences.
   MEDICAL CLINIC.  A facility where one or more medical professionals (medical doctor, dentist, osteopath, chiropractor, optometrist, podiatrist, physical therapist) provide outpatient treatment services.
   MEDICAL EDUCATION CENTER.  A center for the ongoing training and education of licensed healthcare personnel. The centers include nursing schools and medical education centers in support principal permitted uses.
   MEMORIAL SIGN OR PLAQUE.  A sign commemorating the erection and/or dedication of a building including name of building, date of erection, and other information such as architect, contractor, or others involved in a building’s creation, cut into or attached to a building surface.
   MINI-WAREHOUSE.  A structure containing separate storage spaces of varying sizes leased or rented on an individual basis for indoor storage purposes. No outdoor storage shall be allowed in conjunction with the facility.
   MOBILE HOME.  See MANUFACTURED HOME.
   MODULAR HOME.  A dwelling unit constructed in accordance with the standards set forth in North Carolina State Building Code (Uniform Residential Code for One- and Two-family Dwellings), and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A MODULAR HOME shall be deemed a single-family dwelling as defined in this chapter.
   MOTEL.  An establishment providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
   MOTORCYCLE SALES.  A facility which displays and/or sells motorcycles.  Outdoor storage is limited to during business hours only.  Any outdoor storage of motorcycles not during business hours would require approval as a conditional use permit.
   MULTI-FAMILY DEVELOPMENT.  A tract of land under single individual, corporate, firm, partnership or association ownership, or under common control evidenced by duly recorded contracts or agreements; planned and developed as an integral unit in a single development operation or in a definitely programmed series of development operations. The development shall consist of two or more duplex buildings, or three or more dwelling units sharing one or more common walls. The development shall have a unified or coordinated design of buildings and a coordinated organization of service areas and common open space area.
   NODE.  The terminus of a street or the intersection of two or more streets, except that intersections that use a roundabout shall not be counted as a NODE. For the purposes of this section, an INTERSECTION shall be defined as the point of crossing or meeting of two or more streets.
   NONCOMMERCIAL (SIGN) COPY.  A sign message through pictures, illustrations, symbols and/or words, or any combination thereof, which does not contain any reference to a business or product but displays a substantive message, statement or expression that is protected by the First Amendment to the Constitution of the United States.
   NONCONFORMING LOT.  Any lot of record that does not meet the minimum area or width requirements established in these regulations or any amendment thereto.
   NONCONFORMING SIGN.  Any sign that was lawfully erected in compliance with applicable code provisions and maintained prior to the effective date of this chapter, and which fails to conform to all applicable standards and restrictions of this chapter.
   NONCONFORMING STRUCTURE.  Any structure lawfully existing on the effective date of these regulations, or any amendment to it rendering the structure nonconforming, which does not comply with all of the standards and regulations of this chapter or any amendment thereto.
   NONCONFORMING USE.  A use or activity which does not conform to the use regulations of this chapter for the district in which it is located either at the effective date of this chapter or as a result of any subsequent amendments to this chapter.
   NURSERY.  A commercial enterprise on land used to raise flowers, shrubs and plants for sale. NURSERIES may use greenhouses for the raising of these items.
   NURSING CARE FACILITY.  A facility that serves people who need nursing and supportive domiciliary care. Nursing care is provided for eight or more hours per day.
   OFFICE.  A room or group of rooms used for the conduct of a business, profession, service industry or government where retail trade is not conducted.
   OFFICE BUILDING.  A building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, that may include ancillary services primarily for office workers such as a restaurant, coffee shop, newspaper or candy stand.
   OFFICE PARK.  See BUSINESS PARK.
   OFFICE TRAILER.  A building manufactured in a plant and transported to the use site and used exclusively for business or office purposes on a temporary basis.
   ON-PREMISES DAY CARE FACILITY.  A publicly licensed day care facility for six or more children located on the site of a principal business, office or industrial use, the day care facility being designed and operated primarily for the care of children whose parent or guardian is employed on the site of the principal use.
   OPEN-AIR VENUE/OUTDOOR VENUE. A facility which would be used for such events as weddings, rehearsal dinners, dinner parties, graduation parties, birthday parties, retirement parties, bridal showers, baby showers, luncheons and similar uses. The use shall have limited days and hours of operation and must be able to either provide parking on site or by contract with a nearby lot.
   OPEN SPACE, COMMON.  Land and/or water areas within the site designated for development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development but not including any lands occupied by street, street rights-of-way or off-street parking.
   OPEN SPACE, COMMON, IMPROVED.  Common open space which has been improved with recreational areas and amenities such as, but not limited to, ballfields, tennis courts, swimming pools, nature trails, clubhouses and the like.
   OPEN SPACE, UNOBSTRUCTED.  Land not covered by buildings or structures.
   OPEN STORAGE.  An unroofed area for the storage of bulk materials or discarded items whether fenced or not but not including items and non-bulk materials openly displayed for the purpose of retail sale.
   OUTLET STORE, ACCESSORY.
      (1)   A sales facility located on the same premises and accessory to a principal manufacturing, distribution, or shipping facility. The ACCESSORY OUTLET STORE must be clearly incidental to the principal use.
      (2)   If open to the general public, at least 50% of the value of goods sold must either:
         (a)   Be manufactured by the owner of the store if owner is a manufacturer;
         (b)   Be salvage goods distributed from the principal use, if principal use is a distribution facility; or
         (c)   Be salvage goods obtained by the owner or operator of the principal use the requirement to meet either division (2)(a) or (2)(b) does not apply.
      (3)   If open only to employees of the owner or operator of the principal use, the requirement to meet either criteria (2)(a), (2)(b) or (2)(c) above does not apply.
   OUTPATIENT WELLNESS CENTER.  A center designed for the ongoing health care needs of established medical patients which can include a variety of services including, but not limited to, physical or mental therapy in support of principal permitted uses. The centers shall not be deemed to include YMCAs or YWCAs or commercial physical fitness centers.
   PACKAGE TREATMENT PLANT.  A small self-contained sewage treatment facility built to serve developed areas beyond the service area of sanitary sewers. The facilities are usually not owned by a governmental unit.
   PAINTBALL GAMING FACILITY, OUTDOOR.  The play of paintball games in an outdoor area consisting of more than five acres of land. No buildings or structures temporary or otherwise can be erected as part of the gaming area. The gaming area shall be at least 200 feet away from any residential structure and the use of tires as barriers shall be prohibited. Screening shall be required adjacent to all residential areas. The boundaries of the gaming area must be clearly identified by fencing, netting, trees, berms or a combination thereof.
   PARAPET.  The portion of a building wall or false front that extends above the roofline.
   PARK.  See RECREATIONAL FACILITIES.
   PARKING BAY.  The parking module consisting of one or more sets of one or two rows of parking spaces and the aisle from which motor vehicles enter and leave.
   PARKING SPACE.  A storage space of not less than nine feet by 19 feet for one automobile, plus the necessary access space. All off-street PARKING SPACES shall be located outside the dedicated street right-of-way.
   PATIO HOUSE.  A single-family house built on a small lot enclosed by garden walls that provide privacy. Dwelling units themselves are detached but may be connected to other dwelling units by means of garden walls. Dwellings may be located with one or two sides on lot lines and in those cases the outside wall of the dwelling forms the privacy wall for the adjoining lot.
   PAWN SHOP.  A shop where money is lent on the security of personal property pledged. The property may then later be sold on a retail basis at the shop.
   PENAL INSTITUTION.  As distinguished from a jail, a facility operated by the state (or private contractor thereof used primarily for the incarceration or housing of persons serving criminal sentences. State prisons, prison camps and penitentiaries are examples of PENAL INSTITUTIONS.
   PERMIT, BUILDING.  Written permission issued for the construction, repair, alteration or addition to a structure.
   PERMITTED USE.  A use allowed within a zoning district as a matter of right (as opposed to a conditional use).
   PERSONAL HEALTH CLINIC.  A medical or health clinic which routinely provides for the care and treatment of and testing for physical emotional or mental injury, illness or disability and which may include overnight patient care.
   PLANNED RESIDENTIAL DEVELOPMENT (PRD).  A development planned and developed as an integral unit consisting of one or more residential-unit types (as permitted in the underlying general zoning district) and conforming to all applicable lot and bulk regulations.
   PLANNED UNIT DEVELOPMENT.  An area planned as a single entity containing one or more residential, commercial or mixed-use clusters located on lots that may or may not meet the minimum specified requirements contained in this chapter.
   PLANNING JURISDICTION.  All areas within the corporate limits of the city and the city’s extraterritorial jurisdiction as depicted on the city’s official zoning map that are subject to the rules and regulations contained in this chapter.
   PLANTING STRIP.  A section of land that contains plant or other natural materials and for the purpose of creating a visual separation between uses or activities.
   PLAT.  A map or plan of a parcel of land that is to be or has been subdivided showing the subdivision.
   POSTAL STORE.  A commercial establishment that specializes in the sale of postal and packaging items and mailing and parcel expressing services. Private mailboxes, rental service, photocopying and facsimile transmission (FAX) services may also be offered.
   PREMISES.  A parcel of real property with a separate and distinct number of designations shown on a recorded plat, record of survey, parcel map or subdivision map. When a lot is used together with one or more contiguous lots for a single use or planned development, all of the lots so used, including any lots used for off-street parking, shall be considered as single PREMISES for purposes of these regulations.
   PRINCIPAL USE.  The primary or predominant use of any lot.
   PRIVATE RESIDENTIAL QUARTERS.  An accessory dwelling (other than a manufactured home) either attached or part of the principal residential use or separate from the principal use in the form of a guest house or garage apartment provided that the dwelling is not rented or occupied for gain and provided that no accessory building containing the use is constructed on a lot until the construction of the main building has commenced. All private residential quarters shall require a permit to be issued annually by the Administrator. The principal dwelling on the lot containing the private residential quarters shall be owner-occupied.
   PUBLIC SAFETY STATION.  A facility operated by a public agency, a private contractor thereof, or by a private non-profit volunteer organization and used for the base of operations and/or housing of equipment or personnel for the provision of dispatched public safety services including law enforcement, fire protection, rescue services, and/or emergency medical services. The facility may contain living quarters for on-duty personnel. It may also contain up to four holding cells for the temporary custody of persons under arrest. Facilities for the maintenance of equipment housed at the operation site are also permitted.
   RECREATIONAL FACILITIES.  An area of land or combination of land and water resources that is developed for active and/or passive recreation pursuits with various manmade features that accommodate the activities.
   RECYCLING CENTER.  A structure at which newspapers, aluminum cans, glass, corrugated paper or backyard waste (i.e., grass cuttings, tree limbs and the like) are deposited for the purpose of being recycled. All goods shall be housed at all times within the structure. The outdoor storage of all goods to be recycled shall be prohibited. Closed bins shall be deemed to be a structure for the purpose of this definition.
   RECYCLING STATION - CONSTRUCTION AND DEMOLITION MATERIAL.  A facility which recycles construction and demolition material including concrete, asphalt, wood materials, metal, wall materials (sheetrock, and drywall). These materials would be separated and either crushed or ground into usable material. 95% of the material would be recycled and any residuals that cannot be reused would be placed in a permitted landfill either private or county. Stockpiles would be created from the usable material and be sold by weight or by truckload count.
   REMOVAL.  Any relocation of any part or all of a structure that is taken from its existing site or to another site.
   REST HOME (HOME FOR THE AGED AND INFIRM).  Facilities licensed to provide domiciliary care for more than six elderly or disabled adults who do not need nursing care but are no longer able to remain in their own homes because they need assistance in meeting their day-to-day basic needs. The facilities servicing six or fewer people are deemed FAMILY CARE HOMES.
   RESTAURANT.  A commercial establishment other than a drive-in or fast food restaurant where food and drink are prepared, served and consumed primarily within the principal building.
   RESTAURANT, DRIVE-IN.  A building or portion thereof where food and/or beverage are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.
   RESTAURANT, FAST FOOD.  An establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, on the restaurant premises or off-premises.
   ROAD.  A dedicated public right-of-way for vehicular traffic (or a private road when permitted by this chapter). The word ROAD includes, but is not limited to, STREET, FREEWAY, HIGHWAY, EXPRESSWAY and THOROUGHFARE.
      (1)   ROAD, ARTERIAL.  A road that collects and distributes traffic to and from collector roads and which may contain signals at important intersections.
      (2)   ROAD, COLLECTOR.  A local access road that serves as a connector street between local roads and the thoroughfare system.
      (3)   ROAD, FRONTAGE.  A local road that is parallel to a full or partial access controlled road and functions to provide access to adjacent lands.
      (4)   ROAD, LOCAL.  Cul-de-sacs and loop streets generally less than 2,500 feet in length, or streets less than one mile in length that do not serve as major traffic generators.
      (5)   ROAD, PUBLIC.  A road meeting all minimum construction standards of NCDOT and available for use by the general public.
   SATELLITE DISH.  An apparatus capable of receiving a communications signal from a transmitter relay located in planetary orbit.
   SCALE (PLAN SCALE).  Where this chapter uses the term SCALE in the sense of requiring plans drawn to scale, it shall mean scale using a standard civil engineer’s scale.
   SERVICE STATION.  Any building, land area or other premises, or portion thereof, primarily used or intended to be used for the retail dispensing or sales of vehicular fuels and including any minor repair work conducted as an accessory use, but not including convenience stores.
   SETBACK.  A distance measured inward from a property line that shall remain unoccupied and unobstructed upward except as may be permitted elsewhere in this chapter.
   SETBACK, FRONT.  The portion of the front yard that shall remain unoccupied and unobstructed from the ground upward except as may be permitted in this chapter.
   SETBACK, REAR.  The portion of the rear yard that shall remain unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
   SETBACK, SIDE.  The portion of the side yard that shall remain unoccupied and unobstructed from the ground upward except as may be permitted in this chapter.
   SEWAGE DISPOSAL SYSTEM, PRIVATE.  A sewage disposal system serving one connection that is usually owned and controlled by a private single entity.
   SEWER SYSTEM, PUBLIC.  A means of collecting, transporting and treatment of sewage by a public entity (e.g., city, town, county or district), or other public body created by, or pursuant to state, federal and local laws, or any combination thereof acting cooperatively or jointly. A package treatment plant shall be considered part of a public sewer system if owned by a city, town, county, district and the like.
   SHOPPING CENTER.  Two or more retail uses planned, developed and managed as a unit and related in location, size and type of shop to the needs of the trade area which is being serviced and with customer and employee parking provided on site and the provisions goods delivery separated from customer access. SHOPPING CENTERS shall be construed to include all out parcels, whether or not developed, located within the shopping center site or development plan. SHOPPING CENTERS are divided into three classes - Class A, Class B and Class C. A SHOPPING CENTER may contain any use otherwise, permitted or conditional in the respective zoning district, however, for a shopping center to contain a use listed as conditional (either initially or later through a change in use) a conditional use permit is required. If the SHOPPING CENTER is a conditional use, any initial uses within it listed as conditional uses in this chapter are reviewed and approved through the conditional use application for the SHOPPING CENTER.
   SHOPPING CENTER, CLASS A.  A small neighborhood shopping center which does not exceed a total of 10,000 square feet in gross floor area.
   SHOPPING CENTER, CLASS B.  A community shopping center that has at least 10,000 but no more than 50,000 square feet of gross floor area.
   SHOPPING CENTER, CLASS C.  A shopping center which is designed to serve the entire community and has over 50,000 square feet of gross floor area.
   SHRUB.  A woody bush-type plant that has branches and is at least 16 inches tall above the highest root at the time of planting.
   SIGHT TRIANGLE.  A triangular area on a corner lot adjoining the rights-of-way of the two intersecting streets, the triangular area being formed by the intersecting lines of the street rights-of-way and a straight line connecting two points, each points being 25 feet from the intersection of the two street rights-of-way. See diagram below:
 
   SIGN.  Any object, device, or structure, or part thereof, situated outdoors (or indoors behind transparent surfaces on the wall or window of a building intended to be viewed only from outdoors), which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letter, figures, designs, symbols, fixtures, colors, illumination or projected images. SIGNS do not include the flag or emblem of any nation, organization of nations, state, city, or any fraternal, religious or civic organizations; works of art which in no way identify a product; religious symbols; or scoreboards located on athletic fields.
   SIGN, ADVERTISING.  A sign that directs attention to or communicates information about a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is displayed. Any sign larger than 32-square feet directing attention to a commodity, service or entertainment conducted, sold or offered only incidentally upon the premises where the sign is displayed shall also be deemed an ADVERTISING SIGN.
   SIGN, CAMPAIGN OR ELECTION.  A sign that advertises one or more candidates or other individual person for public office, political party or issue, to be voted on a definite election day.
   SIGN, CANOPY OR AWNING.  A sign attached to or painted or printed onto a canopy or awning. For the purposes of this chapter, the permitted size of a CANOPY OR AWNING SIGN will be calculated on the basis of the size of the building wall to which the canopy is attached. It will, for measuring purposes, be deemed a wall sign.
   SIGN, CONSTRUCTION.  A sign placed at a construction site identifying or announcing the project or the name of the architect, engineer, contractor, financier, or others involved in the development of the project.
   SIGN, DIRECTIONAL.  A sign fronting on a road containing only the name of the principal use, directional arrow and mileage to the principal use. The principal use shall not be visible to the motorist at the location at which the sign is placed.
   SIGN, DIRECTORY.  A sign on which the names and locations of occupants or the use of a building or property is identified.
   SIGN, FLASHING.  A sign that uses an intermittent or flashing light source or windblown and/or mechanical moved reflective materials to attract attention.
   SIGN, FREE-STANDING.  Any sign that is not affixed to a building and is securely and permanently mounted in the ground. The sign may be a ground mounted sign, pole or monument sign.
   SIGN, GOVERNMENT. Any temporary or permanent sign erected and maintained or any government purposes.
   SIGN, GROUND MOUNTED.  A sign which extends from the ground or which has supports which places the bottom thereof less than two and one-half feet from the ground directly beneath the sign.
Example of Ground Mounted Sign
 
   SIGN, IDENTIFICATION.  A sign which displays on the name, address and/or crest, or insignia trademark, occupation or profession of an occupant or the name of any building on the premises.
   SIGN, INCIDENTAL.  A sign used in conjunction with equipment or other functional elements of a use or operation. These shall include, but not be limited to drive through window menu boards, and signs on automatic teller machines, gas pumps, vending machines or newspaper racks.
   SIGN, INSTRUCTIONAL.  An on-premises sign designed to guide vehicular and/or pedestrian traffic by using words such as “Entrance,” “Exit,” “Parking,” “One-Way” or similar directional instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign.
   SIGN, ILLUMINATED.  A sign either internally or externally illuminated.
   SIGN, LIGHTED.  A sign illuminated only by light cast upon the sign from an external light source.
   SIGN, LUMINOUS.  A sign lighted by or exposed to artificial lighting either by lights on or in the sign. Neon signs shall be deemed LUMINOUS SIGNS.
   SIGN, MEMORIAL OR PLAQUE.  A sign commemorating the erection and/or dedication of a building including a name of building, date of erection, and other information such as architect, contractor or others involved in a building’s creation, cut into or attached to a building surface.
   SIGN, MONUMENT.  A monolithic sign in which the bottom of the sign is flush with the ground and the vertical dimension of the sign is greater than the horizontal dimension.
   SIGN, NONCONFORMING.  Any sign that was lawfully erected in compliance with applicable code provisions and maintained prior to the effective date of this chapter, and which fails to conform to all applicable standards and restrictions of this chapter.
   SIGN, OFF-PREMISES TEMPORARY SPECIAL EVENT.  A sign that directs attention to or communicates information about a temporary special event offered elsewhere than upon the premises where the sign is displayed.
   SIGN, ON-PREMISES.  A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided on the premises where the sign is located.
   SIGN, POLE.  A detached sign erected and maintained on a freestanding frame, mast or pole and not attached to any building but not including ground-mounted signs. The bottom of the signs shall be greater than two and one-half feet from the ground directly beneath the sign.
Examples of Pole Sign
   SIGN, PORTABLE.  Any freestanding sign that is not permanently affixed to the ground and can freely and easily be removed from one location to another. A sign is permanently affixed to the ground if its supporting elements are set in a manner as to manifestly indicate that the sign is intended to remain in one location for an indefinite period. Without limiting the generality of the foregoing, PORTABLE SIGNS shall include any sign mounted on a trailer or on a stand not attached to the ground, or on wheels as well as A-shaped or sandwich signs that can, with little difficulty, be moved from place to place.
   SIGN, PORTABLE SIDEWALK.  A portable sign with a maximum dimension of ten square feet and displayed only during the business operating hours of the business/use being advertised. The signs shall be sufficiently weighted so as to be stable in windy conditions.
Examples of Portable Signs
   SIGN, PRIMARY.  The main or principal sign located on-premises.
   SIGN, PROJECTING.  Any sign other than a wall, awning, canopy or marquee sign, which is affixed to a building and is supported only by the wall on which the sign is mounted.
   SIGN, PUBLIC INTEREST.  A sign on private property that displays information pertinent to the safety or legal responsibilities of the general public such as “Warning” and “No Trespassing” signs.
   SIGN, REAL ESTATE.  A sign that is used to offer for sale, lease or rent the premises upon which the sign is placed.
   SIGN, ROOF.  A sign erected or maintained in whole or in part upon or over the roof or parapet of a building.
   SIGN, SETBACK.  The shortest horizontal distance from the property line or right-of-way to the nearest point (leading edge) of the sign or its supporting member whichever is nearest to the property line or right-of-way.
   SIGN, VEHICULAR.  Signs on parked vehicles or trailers visible from the public right-of-way where the primary purpose of the vehicle is to advertise a product or to direct people to a business or activity located on the same or nearby property. For the purposes of this chapter, VEHICULAR SIGNS shall not include business logos, identification or advertising on vehicles primarily used for other business purposes.
   SIGN, WALL.  Any sign directly attached to an exterior wall of a building or dependent upon a building for its support with its exposed face parallel or approximately parallel to the plane of the building or structure on which the sign is affixed. Signs directly painted on walls shall be deemed WALL SIGNS.
   SIGN, WINDOW.  A sign in a building window intended to be seen primarily or entirely from outside the building.
   SPECIAL, HIGHWAY.  Any highway listed as a special highway in § 153.120 of this chapter.
   STREET.  A dedicated and accepted public right-of-way for vehicular traffic that affords the principal means of access to abutting properties.
   STREET PROPERTY LINE.  The line which separates a lot or parcel of land from a street right-of-way created by dedication resulting from the recording of the lot.
   STREET RIGHT-OF-WAY.  An area of land occupied or intended to be occupied by a public street, including areas offered for dedication to the public for those purpose, areas claimed by the city or the state for those purposes or actually used for those purposes.
   STRUCTURE, ACCESSORY.  A building separate and subordinate to the principal building on the same lot as the principal building used for purposes customarily incidental to the principal building.
   STRUCTURE, PRINCIPAL.  A structure in which the principal use on the lot takes place.
   SUBDIVIDER.  Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. The subdivider shall also be known as the APPLICANT.
   SUBDIVISION.  All divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets, but the following shall not be included within this definition and is not subject to any regulations enacted pursuant to this chapter:
      (1)   The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the city as shown in its subdivision regulations;
      (2)   The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
      (3)   The public acquisition by purchase of strips of land for widening or opening streets;
      (4)   The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the city as shown in this chapter; and
      (5)   The division of a tract into parcels in accordance with the terms of a probated will or in accordance with interstate succession under G.S. Ch. 29.
   SUBDIVISION, MAJOR.  A subdivision where:
      (1)   New roads are proposed or rights-of-way are dedicated;
      (2)   The entire tract to be subdivided is greater than ten acres; or
      (3)   More than ten lots are created after the subdivision is completed.
   SUBDIVISION, MINOR.  A subdivision where:
      (1)   No new roads are proposed or road rights-of-way dedicated;
      (2)   The entire tract to be subdivided is ten acres or less in size;
      (3)   Where ten or fewer lots will result after the subdivision is completed; and
      (4)   Subdivision of a tract or parcel of land in single ownership meeting the following criteria:
         1.   The tract or parcel to be divided is not exempted under division (2) of the term SUBDIVISION above;
         2.   No part of the tract or parcel to be divided has been divided under this division in the ten years prior to division;
         3.   The entire area of the tract or parcel to be divided is greater than five acres;
         4.   After division, no more than three lots result from the division; and
         5.   After division, all resultant lots comply with all of the following:
            A.   Any lot dimension size requirements of the applicable land use regulations, if any;
            B.   The use of the lots is in conformity with the applicable zoning requirements, if any; and
            C.   A permanent means of ingress and egress is recorded for each lot.
   SUBDIVISION TECHNICAL REVIEW COMMITTEE.  A committee appointed by the City Council to review plats and to make recommendations to the Planning Board regarding the plats. The committee may also be referred to as the TRC. The TRC shall consist of a representative from the following agencies:
      (1)   Lincoln County Health Department;
      (2)   North Carolina Department of Transportation;
      (3)   Soil and Water Conservation District;
      (4)   City of Lincolnton Public Works Department; and
      (5)   City of Lincolnton Planning Department.
   TAVERN. An establishment devoted primarily to serving alcoholic beverages to the public for on-premises consumption including pubs, microbreweries, brewpubs and bars.
   TEMPORARY HOMELESS SHELTER.  A structure providing temporary habitation for not more than 35 homeless people. The structure shall not be used for more than one year before the use must cease for a period of not less than one year. Qualified personnel shall staff TEMPORARY HOMELESS SHELTERS on a full-time basis.
   TENT ASSEMBLY.  Public assemblies using tent or similar temporary structure for purposes other than a business, circus, carnival, entertainment performances or overnight occupancy.
   THOROUGHFARE.  Any existing or proposed road designated on a thoroughfare plan as a major or minor thoroughfare, the plan having been duly adopted or accepted by the City Council or County Board of Commissioners, the Lake Norman RPO and the North Carolina Department of Transportation.
   THOROUGHFARE PLAN.  The most recently adopted version of the thoroughfare plan of the city as approved by the City Council, the Lake Norman RPO and the North Carolina Department of Transportation.
   TOWN HOUSE.  Attached dwellings on separate lots that share common walls at the side lot lines. Yards are small.
   TRACT.  A piece of property upon which a subdivision is proposed.
   TRADITIONAL NEIGHBORHOOD DEVELOPMENT.  A type of planned unit development (PUD) that contains both residential and nonresidential uses that are built in an urban and compact configuration
   TRANSITIONAL INFILL DEVELOPMENT (TID).  A type of planned residential development (PRD) intended to be situated on smaller lots than a typical PRD.
   TREE, LARGE.  A tree which, at the time of planting, has a caliper of at least one and three-fourths inches and a height of at least ten feet and of a species which, at maturity, can be expected to reach a height of at least 40 feet under normal growing conditions in the local climate.
   TREE, PROTECTED SIZE.  All deciduous and coniferous trees with a caliper of three inches or greater and all dogwoods, redbuds and American hollies that are at least four feet high.
   TREE, SMALL.  A tree which, at the time of planting, has a caliper of at least one and one-half inches and a height of at least five feet and of a species which at maturity, can be expected to reach a height of at least 20 feet under normal growing conditions in the local climate.
   TWIN HOUSE.  Two dwelling units on separate lots jointed by a common building wall along the property line.
   UNOBSTRUCTED OPEN SPACE.  See OPEN SPACE, UNOBSTRUCTED.
   UNIFIED DEVELOPMENT ADMINISTRATOR.  The administrative official appointed by the City Manager to administer this chapter. This person may also be referred to as the Administrator.
   UTILITIES, PUBLIC.  Utilities (e.g., sewer, water, electricity) provided by a city, town, county, district or other public body, pursuant to state, federal and local laws, or any combination thereof acting cooperatively or jointly.
   VARIANCE.  A relaxation of the strict terms of a specific provision of this chapter by the Board of Adjustment in accordance with the provisions of §§ 153.275 through 153.281 of this chapter.
   VILLAGE HOUSE.  A single-family detached dwelling built on a small lot (typically smaller than the minimum lot size for the zoning district). Land saved by use of smaller lots is dedicated for common use. Houses may be placed close to the street to maximize rear yards. Shared driveways with separate parking areas may be utilized.
   WATER SYSTEM, INTERMEDIATE.  The provision of piped water for human consumption, if the approved system is not owned and operated by a public entity.
   WATER SYSTEM, PRIVATE.  A water supply system having one service connection whose water supply comes from a single source, usually limited to a well or spring.
   WATER SYSTEM, PUBLIC.  The provision to the public of piped water by a system owned and operated by a public entity.
   WHOLESALE SALES ESTABLISHMENT.  A business where more than 50% of its gross sales are for re-sale purposes as evidenced by sales tax reports submitted to the State Department of Revenue.
   YARD, FRONT.  An area measured between the edge of the public street right-of-way line, and the front of a building, projected to the side lot lines. See § 153.062 for special circumstances.
   YARD, REAR.  A yard extending the full width of the lot on which a principal building is located and situated between the rear lot line and a line parallel thereto and passing through the point of the principal building nearest the rear lot line. See § 153.062 for special circumstances.
   YARD SALE, GARAGE SALE, ATTIC SALE OR RUMMAGE SALE.  An occasional sale conducted by a household or a group of up to four households, or by a nonprofit organization, at which surplus and primarily used household goods and/or clothing are sold. In a case where the sales are conducted on the same property more than six days per year (or in the case of nonprofit organizations more than ten days per year) or, in cases when new or used merchandise, purchased for resale, are re-sold it shall be deemed a flea market and not a yard sale.
   YARD, SIDE.  A space extending from the front yard to the rear yard between the principal building and the side lot line as measured perpendicular from the side lot line to the closest point of the principal building.
(Prior UDO, § 4.2)  (Ord. ZTA-5-2009, passed 11-5-2009; Ord. ZTA-6-2009, passed 1-7-2010; Ord. ZTA-1-2013, passed 2-7-2013; Ord. ZTA-3-2014, passed 11-13-2014; Ord. ZTA-4-2016, passed 7-7-2016; Ord. passed 4-6-2016; Ord. O-17-17, passed 11-2-2017; Ord. O-09-2019, passed 11-7-2019)
GENERAL REQUIREMENTS
§ 153.045  CUSTOMARY HOME OCCUPATIONS.
   Customary home occupations may be established in any dwelling unit. The following requirements shall apply in addition to all other applicable requirements of this chapter for the district in which the uses are located.
   (A)   The home occupation shall be clearly incidental and subordinate to the residential use of the dwelling and shall not change the residential character of the dwelling.
   (B)   No accessory buildings or outside storage shall be used in connection with the home occupation.
   (C)   Use of the dwelling for the home occupation shall be limited to 25% of the area of the principal building.
   (D)   Residents of the dwelling plus a maximum of one nonresident may be engaged in a home occupation or otherwise report to work at the dwelling.
   (E)   No display of products shall be visible from any adjoining lot or street and only articles made or reconditioned on the premises may be sold; except that nondurable articles incidental to a service conducted at the home occupation may be sold on the premises.
   (F)   No external alterations inconsistent with the residential character of the building shall be permitted.
   (G)   Only vehicles used primarily as passenger vehicles (e.g., automobiles, vans and pick-up trucks) shall be permitted in connection with the conduct of the customary home occupation.
   (H)   No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of the home occupation shall be provided off the road right-of-way in the manner and in the amount provided for in § 153.185 of this chapter.
   (I)   Chemical, mechanical, or electrical equipment that creates odors, light emission, noises, or interference in radio or television reception detectable outside the dwelling shall be prohibited.
   (J)   Home occupations may only be conducted between the hours of 7:00 a.m. and 9:00 p.m.
   (K)   All customary home occupations shall require the issuance of a certificate of occupancy by the Administrator.
   (L)   Tutoring or home instruction classes shall be limited to a maximum of six students at a time.
   (M)   (1)   One nonilluminated professional name plate, occupational sign or business identification sign mounted flush to the dwelling unit and not more than two square feet in area shall be allowed per customary home occupation.
      (2)   In lieu of a flush mounted sign, a freestanding sign of up to two square feet and not higher than five feet may be erected in the front yard not closer to the street than a line located equidistant between the front of the principal dwelling and the street right-of-way. In no case shall a freestanding sign be located within a sight triangle.
(Prior UDO, § 5.1)  Penalty, see § 153.999
§ 153.046  SCREENING.
   The intent of these screening requirements shall be to create a screen between zoning districts and other zoning districts or to screen certain uses in order to minimize potential nuisances such as the transmission of noise, dust, odor, litter and glare of lights; to reduce the visual impact of unsightly aspects of adjacent development; to provide for the separation of spaces; and to establish a sense of privacy. Any screening required under this section shall materially screen the subject use between the ground level and the height of the required screening from the view of the adjoining.
   (A)   Screening.  Screening shall be required under the following situations.
      (1)   Between Residential and Nonresidential Districts.  Where an OI, NB, GB, PB or GMC District abuts a Residential (R) District, screening shall be provided on the lot(s) which are located in the OI, NB, GB, PB or GMC District (except a residential use) at the time the lots are developed (except with a residential use) or when any existing and/or accessory structure on the lot is expanded.
      (2)   Between residential and nonresidential uses in the R-O or ROS Districts.  In an R-O or ROS District where a nonresidential use adjoins a residential use, screening shall be provided on the nonresidential use lot, except that screening shall not be required where the adjoining residential use is located in a NB, CB, CBT, GB or GMC District.
      (3)   Multi-family developments.  All multi-family developments shall be screened from all other lots which lie in a Residential (R) District except that screening shall not be required around a multi-family development whose side and rear boundaries abut multi-family development.
      (4)   Open storage and open structures.
         (a)   Within any NB, CB, CBT, GB, PB or GMC District, screening shall be required for the open storage of any goods other than vending machines, retail goods left outside only during business hours, vehicles, trailers, other equipment capable of being driven on a roadway and any fixtures fastened to a building, ground or impervious surface; or for any unenclosed structure consisting of a roof, but no walls used for storage of materials, products, wastes or equipment, whenever the storage or structure is located within 100 feet of the street right-of-way line.
         (b)   Screening shall be placed on the property so as to effectively screen the open storage or structure from the public view from any street right-of-way.
      (5)   Manufactured home parks.  See § 153.202 of this chapter.
      (6)   Planned developments.  See §§ 153.215 through 153.220.
      (7)   Other.  Other situations as specifically listed in the zoning district regulations (§§ 153.105 through 153.122 of this chapter) or in the conditional use regulations (§§ 153.235 through 153.244 of this chapter).
   (B)   Location of screening.
      (1)   (a)   Any screening required by division (A) shall be located along side and/or rear property lines of the lot(s) in question except that screening shall not be required along any street right-of-way unless otherwise stipulated in this chapter.
         (b)   If screening is required along a street right-of-way it shall be located behind the right-of-way and outside the area of the sight triangle (defined in § 153.031 of this chapter).
      (2)   (a)   Whenever an industrial use is located on the opposite side of a street right-of-way from a (R) residential zone, screening shall be installed on the industrial use property along the street right-of-way.
         (b)   An exception to this requirement is made when the street is a special highway as listed in § 153.120 of this chapter because § 153.120(G) sets forth special landscaping along a special highway.
         (c)   For the purposes of this requirement, an industrial use is deemed to be any use that is listed only in the GMC District and not in any other general zoning district (permitted use or conditional use).
   (C)   Specifications for screening.  Screening may be in the form of natural plantings, planted berms, walls or fences. Screening shall be encouraged, however, in the form of natural plantings. Where sufficient room exists to place a screen consisting of natural plantings or maintain an existing screen of natural plantings, the natural plantings shall be used as the required form of screening. Otherwise, screening in the form of a planted berm, wall or fence may be used. The Administrator may approve a combination of natural planting, planted berm, wall or fence, if he or she determines that the spirit and intent of this section are met by the combination. (See this section, this division (C) and division (D) below and note street landscaping requirements in this division.)
      (1)   Natural plantings.
         (a)   Where natural plantings are used, a buffer strip of at least 20 feet in width (ten feet for a nonresidential use in the R-O District) shall be planted. This strip shall be free of all encroachment by structures, parking areas or other impervious surfaces. The amount and type of buffer materials to be planted per 100 linear feet shall be as indicated in Figure A below.
         (b)   All materials planted shall be free from disease, installed in a fashion that ensures the availability of sufficient soil and water to sustain healthy growth, properly guyed or staked and planted in a manner that is not intrusive to utilities and/or pavement and planted in accordance with division (G) below of this section.
      (2)   Walls or fences.
         (a)   Any wall shall be constructed in a durable fashion with a finish surface of brick, stone or other decorative masonry material approved by the Administrator.
         (b)   Fences shall be constructed of wood in a durable fashion and of durable, weather resistant wood fencing materials and of consistent pattern. No wall or fence shall be less than six feet nor greater than eight feet in height above grade. All walls or fences used for screen purposes shall be opaque. Walls and fences shall be constructed in accordance with division (G) of this section.
      (3)   Berms.  All berms shall be planted with both shrubs and ground covers to leave no bare earth. The berm shall be at least three feet in height and contain at least 30 shrubs per 100 linear feet. The shrubs shall be a species that can be expected to materially screen the development site within five years of planting. No slope of a berm shall be steeper than one foot of rise for every three feet in plane.
Figure A
   (D)   Relief to screening requirements.  In the event that the unusual topography or elevation of a development site or the location or size of the parcel to be developed would make strict adherence to the requirements of this section serve no meaningful purpose or would make it physically impossible to install and/or maintain the required screen, the Administrator may alter the requirements of this chapter provided the spirit and intent of the screening requirement as outlined in this section are maintained. An alteration may occur only at the request of the developer, who shall submit a plan to the Administrator showing existing site features that would screen the proposed use and any additional screen materials the developer will plant or construct to screen the proposed use. The Administrator shall have no authority to provide relief unless the developer demonstrates that existing site features and any additional screening materials will screen the proposed use as effectively as the required screen.
   (E)   Areas deficient in screening.
      (1)   All existing uses whether conforming or nonconforming, that have existing junked or inoperable vehicles stored on site, shall be required to install screening within 24 months of the date of adoption of these provisions in accordance with this division.
         (a)   If the use can be viewed from a street, the first 20 feet between the street right-of-way and the use must be screened so that junked or inoperable vehicles cannot be viewed from the street.  If this cannot be done due to lack of space for plantings, an opaque fence six feet in height may be provided in lieu of plantings.
         (b)   If a vehicle storage yard, automotive wrecker service, or junkyard is adjacent to a residential district, a minimum 20-foot landscaped strip shall be provided between the property line and the use.
      (2)   An exception to the requirements of this division may be made where the Administrator determines either:
         (a)   The use has insufficient land to install required screen;
         (b)   The use would be required to utilize land developed for off-street parking for screening; or
         (c)   The use is already screened by existing topography or plant life. In these cases he or she may partially or entirely (as necessary) waive the requirements of this division by allowing less screening, use of alternative materials, existing features or any combination thereof, provided the spirit and intent of this chapter are preserved.
   (F)   Existing screened areas.  In cases where an existing screened area exists, further plantings and or improvements shall not be required provided the screened area is of sufficient width and depth and contains adequate and sufficient materials to meet the requirements of this chapter. If the screened area is deficient, the developer shall make needed improvements and/or additions to satisfy the screening requirements and intent of this chapter.
   (G)   Screen construction and installation maintenance.
      (1)   The plantings, fences, walls or berms that constitute a required screen shall be properly installed and maintained in order for the screen to fulfill the purpose for which it is established. Walls, fences and berms shall be constructed in a durable and attractive fashion in accordance with any applicable codes and generally accepted construction and workmanship practices and meet all specifications herein. Plant species shall be recommended for healthy growth under local climate conditions, not highly prone to disease and be expected to grow in a manner to meet the spirit and intent of this section. Plant materials shall be planted in accordance with generally accepted and recommended planting and growing practices.
      (2)   The owner of the property and any tenant on the property where a screen is required shall be jointly and severally responsible for the maintenance of all screen materials. The maintenance shall include all actions necessary to keep the screened area free of litter and debris, to keep plantings healthy and growth from interfering with safe vehicular or pedestrian travel, or use of parking areas, or from creating any nuisances to adjoining property owners and to keep walls, fences and berms in good repair and neat appearance. Any vegetation that constitutes part of a screen shall be replaced in the event that it dies. All screen materials shall be protected from damage by erosion, motor vehicles or pedestrians.
(Prior UDO, § 5.2)
§ 153.047  LANDSCAPING.
   (A)   Generally.
      (1)   The intent of these landscaping requirements shall be to enhance the visual quality of development, to soften the appearance of expansive paved areas and building mass, create and maintain a pleasing appearance in the community, reduce the effects of glare and heat caused by parking areas and to reduce visual clutter along commercialized streets.
      (2)   Landscaping required by this section shall be installed in the following situation:
         (a)   All new construction, development or any expansions in developed site area land uses; or
         (b)   For all existing development, other than one- or two-family residential land uses, when more than 50% of the land area developed at the time of application for zoning permit is disturbed, redesigned, altered or reconstructed.
      (3)   Where screening or buffering requirements of this chapter overlap in area, duplicate or otherwise conflict with any requirement of this section, only the more stringent requirements need be met; provided however, no fence, wall or berm may be substituted for any requirement in this section.
      (4)   The succeeding divisions described the minimum types and amounts of landscaping which shall be required.
      (5)   Where growing conditions permit, large trees may be substituted for small trees and large or small trees may be substituted for shrubs, however, required larger plant material may not be substituted with smaller plant materials. Where existing plant life satisfies the requirements of this section the owner is encouraged to use plant life in lieu of destroying it and planting new materials.
   (B)   Street landscaping,
      (1)   Street landscaping off the street right-of-way and behind the sight triangle shall be required in the ROS, RO, OI, NB, GB, PB, and GMC Zoning Districts along all thoroughfares.
      (2)   The landscaping shall be provided in a designated landscaping area which shall include, as width, at least the first 12 feet of the front yard and side yard as measured from the edge of the street right-of-way line. Per 100 linear feet of landscaping, there shall be, at a minimum, four small trees and 12 shrubs, or four large trees. The remaining portion of the landscaped area shall be improved with ground covers or natural mulching materials. No part of the landscaped area shall be left as bare soil. It shall be the responsibility of the owner of the property and any tenant of the property to maintain the landscaped area in a healthy condition; to keep plant growth off roadways or otherwise from interfering with traffic visibility or safety, and to keep the landscaped area free of litter, debris and uncontrolled weed growth. Within the designated landscaped area, landscaped decorative fences and masonry walls may be constructed no closer than six feet to the street right-of-way line and behind the sight triangle, however, the construction of the fences or masonry walls shall not relieve the developer from planting requirements except as provided in the succeeding divisions of this section.
      (3)   All required plantings shall be located on the street side of any fence or wall, and where berms are constructed, between the street right-of-way line and the crest of the berm. Any side devices constructed within the designated landscaped area shall be limited to the following.
         (a)   Berms.  All earth shall be planted with ground covers except where mulching is provided for trees or shrubs. Shrubs and trees on the berms and within the designated landscaping area may be counted in planting requirements. Berms shall meet all requirements of § 153.046(C)(3) of this chapter.
         (b)   Fences.  Fences shall be constructed of decorative wood or metal materials, designed specifically for fencing, be of a consistent patter, and not exceed six feet in height. Metal fences shall be limited to decorative steel or iron. Utility metal fencing such as chain link fencing is not permitted within the designated landscape area. (Utility fences are permitted outside (side opposite street side) the designated landscaping area, see § 153.049 and other applicable requirements.) Wood fences shall be limited to pressure treated wood or naturally preserved species approved by the Administrator (e.g., locust and redwood). Wood fencing may be rail, picket, or opaque in construction and must be of a consistent pattern.
         (c)   Walls.  Walls shall be constructed of decorative materials and shall not exceed a height of six feet. Materials visible on the street side shall be limited to clay brick, natural or cultured stone, or other decorative masonry materials approved by the Administrator. Except for stone, masonry materials must be constructed of a consistent pattern.
      (4)   In the event that the size of the parcel to be developed or its location would make it physically impossible to install and/or maintain the required landscaping, the Administrator may alter the street landscaping requirements of this chapter provided, however, the spirit and intent of this chapter are maintained. An alteration may occur only if the developer submits a plan to the Administrator that shows any existing and proposed landscaping. The Administrator shall otherwise have no authority to alter any landscaping requirements.
      (5)   No street landscaping materials, wall or fence device shall be constructed or maintained in a manner which blocks sight distance at vehicular ingress and egress points on the property or obstructs sight distance at street intersections as set forth in § 153.052 of this chapter. All plantings exceeding two and one-half feet in height shall be located behind the sight triangle.
   (C)   Parking lot landscaping.
      (1)   Parking lots shall be landscaped in accordance with this division. The provisions of this section do not apply to rear parking lots. As used herein, the rear parking lots include only parking areas located between the rear building line and a rear interior lot line (a line not adjoining a street. The amount of plant materials required for parking lot landscaping is in addition to any plant materials required by any other provision of this chapter (e.g., buffer strips, street landscaping and building landscaping).
      (2)   The following minimum number of plants shall be required for each parking space. If calculations result in a fraction, the fraction shall be increased to the next whole number.
 
Large trees
0.10
Small trees
0.075
Shrubs
0.50
 
      (3)   The following rules shall apply to the arrangement and installation of required parking lot landscaping. These requirements apply only to the minimum number of trees required by this section. Non-required trees (additional trees beyond what is required by this section) may be planted in any fashion.
         (a)   Large trees shall be planted so that no point of the tree’s main trunk is closer than four feet from parking lot or driveway surfaces. If large trees required by this division are planted in an island (area surrounded by paved surfaces), peninsula, or median there shall be sufficient pervious planting area (pervious area shall also mean impervious materials (e.g., walks), that drain into the trees root area) for viable growth of the tree(s). Trees may be clustered where appropriate for the species and this area may also be used for planting shrubs or small trees. To be counted for required parking lot landscaping, a large tree must be planted within 25 feet of the parking lot. Where existing plant stock is to be counted at distances greater than 25 feet from the paved surfaces where the developer can show that the existing stock casts shadows upon the paved surface. No trees located off the project site may be substituted for new plantings.
         (b)   Small trees shall be planted so that no point of the tree’s main trunk is closer than four feet from parking lot or driveway surfaces. To be counted for required parking lot landscaping, a small tree must be planted within 15 feet of the parking lot.
         (c)   No shrubs shall be located within any vehicle overhang area. (Area three feet beyond curb or wheel stop at the head of a parking space.)
         (d)   Required parking lot landscaping shall generally be distributed throughout the parking area. Plantings may be located along the perimeter of the parking lot, along entranceways, and on interior features such as islands, peninsulas and medians. The minimum percent each of the required large trees, small trees, and shrubs to be planted on interior features (islands, peninsulas, and medians) is as follows:
 
Number of Spaces
Minimum Percent of Plant Materials to be Planted on Interior Features
40 or less spaces
No minimum
40 to 100 spaces
30%
More than 100 spaces
50%
 
         (e)   Each parking space shall be not further than 100 feet from a tree (large tree or small tree).
         (f)   It is encouraged that trees be located so as to maximize shading of parking spaces during summer months.
         (g)   All parking lot landscaped areas shall be covered with ground covers or natural mulching materials, however, areas subject to vehicle overhang may be covered with brick, stone, mulch or other non-living materials.
   (D)   Area deficient in landscaping.  Where an existing commercial development lacks sufficient trees to meet the requirements of new development as set forth in divisions (B) and (C) of this section, no tree inside or within 25 feet of a parking area, or within 12 feet of the street right-of-way shall be removed without a permit issued by the Administrator. The Administrator shall issue the permit only after having first determined:
      (1)   The tree is either:
         (a)   Diseased and dying; or
         (b)   Otherwise a threat to public safety or potential property damage; or
      (2)   That the removal of the tree would not make the property less conforming to the standards of either divisions (B) or (C) of this section.
   (E)   Landscaping installation and maintenance.
      (1)   The plantings that constitute required landscaping shall be properly installed and maintained in order to fulfill the purpose of which it is established.
      (2)   Plant species shall be recommended for healthy growth under local climate conditions, not of a type highly prone to disease, and be of a type highly prone to disease, and be of a type expected to grow in a manner which will satisfy the spirit and intent of this section of this chapter. Plant materials shall be planted in accordance with generally recommended and accepted planting and growing practices. The owner of the property, any tenant on the property where landscaping is required shall be jointly and severally responsible for the maintenance of all required landscape materials. The maintenance shall include all actions necessary to keep the landscaped areas free of litter and debris; to keep plantings healthy; to keep growth from interfering with safe vehicular or pedestrian travel, or use of parking areas, or from creating any nuisances to adjoining properties; and to keep walls, fences, and berms in good repair and neat appearance.
      (3)   Any vegetation that constitutes required landscaping shall be replaced in the event that it dies. All landscaping materials shall be protected from damage by erosion, motor vehicles or pedestrians.
(Prior UDO, § 5.3)  Penalty, see § 153.999
§ 153.048  SCREENING AND LANDSCAPING REQUIRED PRIOR TO ISSUANCE OF CERTIFICATE OF COMPLIANCE.
   After the effective date of this chapter, a certificate of zoning compliance shall not be issued for any use located on a lot(s) upon which screening and/or landscaping is required, unless the screening and landscaping is provided on the lot(s) as herein specified. This provision may be temporarily waived by the Administrator in cases where it was not possible for the developer to install certain species of plant material prior to occupancy due to the recommended planting season not occurring at an appropriate phase in construction, and in that case, the time deadline for planting the materials shall be extended only to the ideally recommended planting season for the materials.
(Prior UDO, § 5.4)
§ 153.049  FENCES OR WALLS PERMITTED.
   Except as otherwise noted, fences or walls are permitted in the various districts subject to the following regulations.
   (A)   In Residential (R) and Office/Institutional (O-I) Districts.
      (1)   When fences or walls are installed in a required setback area (required front, side or rear yard), the maximum height shall be six feet, except when the fence or wall is installed pursuant to § 153.046(C)(2) of this chapter it shall not exceed eight feet in height.
      (2)   No electrical fences shall be permitted.
   (B)   In NB, CB, CBT, GB, PB and GMC Districts.
      (1)   Maximum height shall be 12 feet except that no maximum shall apply to jails and penal institutions where the wall or fence is installed behind any required setbacks.
      (2)   No electrical fences shall be permitted.
(Prior UDO, § 5.5)  Penalty, see § 153.999
§ 153.050  LOT TO ABUT A DEDICATED STREET.
   No lots may be created after the effective date of this chapter that do not have at least 35 feet of dedicated street right-of-way frontage except as follows.
   (A)   A lot not having 35 feet of dedicated street right-of-way frontage may be created if located entirely within a planned shopping center or office park.
   (B)   A one-family residence may be constructed on a lot which existed at the effective date of this chapter which does not abut a dedicated street right-of-way provided the lot is given access to a dedicated street by an easement at least 12 feet in width for the use of the dwelling established on the lot and further provided that the easement is maintained in a condition passable for automobiles and service and emergency vehicles. This easement may not be extended to provide access to any other lots or to any other residence not having frontage on a dedicated street.
(Prior UDO, § 5.6)  Penalty, see § 153.999
§ 153.051  ONE PRINCIPAL BUILDING.
   (A)   No more than one principal residential structure shall be located on a lot, except as a part of multi-family development. A lot with two Class A or Class B manufactured homes that existed at the time of the adoption of this amendment (May 6, 1999) may continue and the manufactured homes on the lot may be replaced provided that the replacement homes meet the minimum requirements of this chapter.
   (B)   More than one principal structure devoted to a nonresidential use may be located on a lot provided that access is available from a public street to each building for use by service or emergency vehicles.
(Prior UDO, § 5.7)  Penalty, see § 153.999
§ 153.052  VISIBILITY AT INTERSECTIONS.
   On a corner lot in any district (other than the CB and CBT Districts) no planting, structure, sign (other than traffic regulation signs), fence, wall or artificial obstruction to vision more than two and one-half feet in height shall be placed or maintained within the sight triangle.
(Prior UDO, § 5.8)  Penalty, see § 153.999
Cross-reference:
   Definition of sight triangle, see § 153.031
§ 153.053  TEMPORARY STRUCTURES AND USES.
   Temporary structures and uses, when in compliance with all applicable provisions of this chapter and all other ordinances of the city shall be allowed. The following temporary structures and uses shall be permitted.
   (A)   Construction trailers used in connection with construction projects shall not require special use or temporary use permits provided that the following conditions are met:
      (1)   The construction trailers shall be located on a building site only upon receipt of a valid building permit for the construction project;
      (2)   The construction trailers may remain on a construction site as long as there is a valid building permit for the construction project; and
      (3)   All construction trailers shall be located off all street rights-of-way.
   (B)   (1)   Carnivals, circuses, tent assemblies, and similar commercial and charitable uses not otherwise listed as a permitted or conditional use in the district in which they are located and which are of limited time duration and which do not involve the use of any permanent structures and which are located less than 200 feet from residential land uses located in residential zoning districts may be permitted upon the authorization of the Board of Adjustment and subsequent issuance of a permit by the Administrator. The Board of Adjustment, in approving the use, may authorize conditions regarding duration of the use, hours of operation, signage, lighting and the like, and these conditions shall be made part of the permit issued by the Administrator.
      (2)   Carnivals, circuses, tent assemblies, and similar commercial and charitable uses not otherwise listed as a permitted or conditional use in the district in which they are located and which are of limited time duration and which do not involve the use of any permanent, structures and are located 200 feet or more from residential land uses located in residential zoning districts may be permitted upon the authorization of the Zoning Administrator. The Zoning Administrator, in approving the use, may authorize conditions regarding duration of the use, hours, of operation, signage, lighting and the like, and these conditions shall be made part of the permit issued by the Administrator.
   (C)   In the event of a disaster, the result of which would require the rebuilding of a dwelling, the owner and his or her family may occupy a manufactured home on the property. The permit granted by the Administrator, shall be for a six-month period and may be renewed by the Board of Adjustment provided that construction has proceeded in a diligent manner.
   (D)   Structures, whether temporary or permanent, located in a subdivision, and used as sales offices for the subdivision development are permitted. The permits shall be issued by the Board of Adjustment for a period of one year, and are renewable for a period of time to be determined by the Board of Adjustment, provided the development is being actively marketed. At the completion of the sales in a tract or upon expiration of the permit, whichever occurs first, the temporary structure(s) shall be removed, and any permanent structure(s), temporarily used as a sales office shall be used only for a purpose otherwise permitted in that district.
   (E)   (1)   In any Residential (R) District a temporary conditional use permit (CUP) may be granted by the Board of Adjustment for not more than one manufactured home to be placed on a residential lot as an accessory use. The permit shall only be granted where conditions exist requiring care for an immediate family member due to medical reasons.
      (2)   The CUP shall be granted only after the Board of Adjustment has made all of the following findings:
         (a)   The manufactured home is an accessory use to a principal residential use;
         (b)   The manufactured home will be placed on the lot on a temporary basis;
         (c)   There exists a medically related need for the proximate care of an immediate family member. This finding must be substantiated by a certificate of need from a medical doctor and other evidence the Board of Adjustment may desire. As used herein, PROXIMATE CARE shall mean the same level of care that would normally necessitate living in the same dwelling as the care provider or in a domiciliary care facility, such as care in the basic day-to-day living needs, (e.g., feeding, bathing, and other functions);
         (d)   The person(s) responsible for providing the care will live in either the principal dwelling or the manufactured home and that the person(s) needing the care shall live in the structure not occupied by the person(s) providing the care;
         (e)   There exists sufficient reason(s) justifying separate quarters and the reasons shall be limited to either contagious disease, serious illness, or lack of adequate space within the principal dwelling;
         (f)   The person(s) in need of care is an immediate family member of the person(s) to be responsible for providing the care;
         (g)   The manufactured home will have adequate access to public water and sewer or a well and septic tank as verified by permits from the County Health Department;
         (h)   The manufactured home will be placed in the rear yard and will be no closer than 20 feet from any property line or, if it is not feasible to locate the manufactured home in the rear yard, that the manufactured home will be located in the non-required side yard behind the front building line of the principal dwelling and no closer than 20 feet from the principal dwelling; and
         (i)   The granting of the CUP will not materially endanger the public health, safety, and welfare.
      (3)   The following additional requirements shall be applicable:
         (a)   The CUP shall be valid for one year after issuance or for shorter period as specified by the Board of Adjustment, however, no CUP shall be valid beyond 30 days after any of reason(s) justifying the CUP cease to exist.
         (b)   The CUP may be renewed prior to the expiration date. The applicant must submit an application to the Zoning Administrator outlining the conditions and if any changes have been made. If the Zoning Administrator determines that the CUP is still valid as originally approved by the Board of Adjustment it will be renewed for one additional year. If the Zoning Administrator feels that conditions have changed and the CUP is no longer valid, the matter will be forwarded to the Board of Adjustment for a determination. The Board of Adjustment, after a public hearing, can either renew or rescind the permit.
         (c)   The permit is granted to a particular owner on the basis of circumstances peculiar to that owner and it shall not remain in effect in the event of a change of ownership of any land, structure, use or other item covered by the CUP.
         (d)   When granting the CUP, the Board of Adjustment may impose reasonable conditions, restrictions and safeguards as considered necessary to protect the public health, safety, and general welfare in accordance with the purpose and intent of this chapter. Violation of these conditions, restrictions and safeguards shall be deemed a violation of this chapter.
(Prior UDO, § 5.9)  (Ord. ZTA-3-08, passed 11-18-2008; Ord. ZTA-1-2011, passed 5-5-2011; Ord. O-02-18, passed 4-5-2018)  Penalty, see § 153.999
§ 153.054  HEIGHT CALCULATIONS AND EXCEPTIONS.
   (A)   Generally.
      (1)   For purposes of this chapter, the height of a structure shall be the vertical distance measured from the mean elevation of the finished grade at the front of the structure to the highest point of the structure.
      (2)   The maximum heights as indicated in the various districts may be exceeded for the following uses:
         (a)   Roof structures not intended for human occupancy such as skylights, transmission or television towers, housing for elevators and stairways, water tanks, ventilating fans, air conditioning equipment or similar equipment; steeples, spires; belfries, cupolas or chimneys;
         (c)   Radio and television antennas; and
         (c)   Hospitals, health centers and medical education centers.
   (B)   Setbacks for structures with height exceptions.  Any structure which exceeds the prescribed maximum building height for the zoning district in which it is located shall be located on the lot so that no portion of the structure is located closer to any lot line than the difference between the actual height of the structure and the normally allowed maximum building height in that zoning district.
(Prior UDO, § 5.10)  Penalty, see § 153.999
§ 153.055  RELIEF OF FRONT YARD SETBACK FOR CERTAIN DWELLINGS.
   The front yard requirements of this chapter for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within 100 feet on either side of the proposed dwelling and on the same side of the street in the same block and use district as the lot is less than the minimum required front yard depth. In that case the front yard on those lots may be less than the required front yard but not less than the average of the existing front yard on the aforementioned lots, or a distance of 15 feet from the edge of the street right-of-way, whichever is greater.
(Prior UDO, § 5.11)  Penalty, see § 153.999
§ 153.056  OUTDOOR LIGHTING.
   Outdoor lighting shall be located in a manner that does not endanger motorists.
(Prior UDO, § 5.12)  Penalty, see § 153.999
§ 153.057  ACCESSORY STRUCTURES.
   (A)   Within any Residential (R) District, accessory structures shall be located as follows.
      (1)   Except as herein provided, no portion of any accessory structure shall be located within any front yard. Exceptions are:
         (a)    Water wells on any lot; and
         (b)   Garages used primarily to house automobiles.
      (2)   Water wells may be located in any front, side or rear yard.
      (3)   Automobile garages designed to accommodate no greater than three automobiles may be located in any front yard other than in the required front setback. Any garage shall also observe the minimum dwelling side setback requirement for the zoning district in which it is located.
      (4)   Accessory structures are allowed in any side yard, provided they observe a setback of ten foot side yard from any side yard lot line.
      (5)   Accessory structures are allowed in any rear yard provided that all accessory structures observe a ten foot setback from any rear lot line.
   (B)   Within any NB, CB, CBT, GB, PB or GMC District, accessory structures shall be located as follows.
      (1)   Except as herein provided, no accessory structure shall be located in any required front or side setback. A water well may be located in any front, side or rear yard.
      (2)   Accessory structures are allowed within with rear principal building setback area provided that no accessory structure (except as provided in division (B)(1) above of this section) shall be allowed within ten feet of a rear or side yard line or within 20 feet in the case of any rear or side yard line which abuts a Residential (R) District.
   (C)   On any lot containing a principal residential use, no accessory structure shall be permitted that involves or requires any construction features which are not primarily residential in nature or character; provided, however, this requirement shall not apply in the R-25 District to structures erected for agricultural purposes.