Note 1, Bed and Breakfast Inns.
(A) The maximum number of guest bedrooms shall be six.
(B) The inn shall be operated by a resident manager.
(C) The use shall be located in a structure which was originally constructed as a dwelling.
(D) The use shall contain only one kitchen facility. Meals served on the premises shall be only for overnight guests and residents of the facility.
(E) The use of such facility by any one patron shall be limited to no more than 15 days per 60-day period.
Note 2, Family Care Home and Family Day Care Home.
(A) A family care home with six or fewer persons or a family day care home with five or fewer persons may be operated as an accessory use to a principal dwelling.
(B) A family care home shall not be located within one-half of a mile from another family care home and/or family day care home. Subsequently, a family day care home shall not be located within 400 feet of another family day care home. The distance shall be measured by following a straight line from the nearest point along the property line of the proposed family care home or family day care home to the nearest point along the property line of the lot on which the existing facility is located.
(C) A family care home must be licensed with the North Carolina Department of Health and Human Services Division of Facility Services before operating. Additionally, a family day care home must be licensed with the proper state authorities, if applicable, before operating.
Note 3, Home Occupation.
A home occupation shall be operated in conformance with the following standards.
(A) No person other than members of the immediate family occupying such dwelling shall be employed.
(B) No stock in trade (except articles produced by the members of the immediate family residing on the premises) shall be displayed or sold upon the premises.
(C) No alteration of the principal building shall be made which changes the character thereof as a dwelling.
(D) No more than 25% of the area of the dwelling shall be devoted to any home occupation.
(E) The home occupation shall be conducted entirely within the principal building that is used as the residential dwelling.
(F) No chemical, mechanical or electrical equipment that creates odors, light emissions, noises or interference in radio or television reception detectable outside the dwelling shall be permitted.
(G) Only vehicles used primarily as passenger vehicles (e.g., automobiles, vans, pick-up trucks) shall be permitted in connection with the conduct of the home occupation.
(H) Only one visitor or patron shall be permitted at one time with no on-street parking.
(I) No outdoor storage shall be permitted.
(J) No home occupation shall be operated in such a manner as to cause a visual, audible, sensory or physical nuisance.
Note 4, Class A and Class B Mobile Homes.
(A) Class B mobile homes shall comply with the following minimum standards:
(1) Shall be occupied only as a single family dwelling in a mobile home park or as a non- conformity;
(2) Shall have the towing apparatus, wheels, axles and transporting lights removed; and
(3) Shall be set up in accordance with the standards established by the North Carolina Department of Insurance. In addition, a continuous under pinning of a material generally accepted in the mobile home industry shall be installed under the perimeter, un-pierced pierced except for required ventilation and access.
(B) Class A mobile homes when placed in a mobile home park shall comply with the minimum standards of division (A) above. Class A mobile home when placed as a principal dwelling on an individual lot shall comply with the following minimum standards.
(1) Length-width ratio. The minimum width (the width being the narrower of the two overall dimensions) of the main body of the mobile home 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) Eaves. The roof shall have an overhang (eaves) extending at least six inches from each vertical exterior wall, excluding any guttering.
(3) Exterior finish. The exterior materials shall consist of wood, hardboard vinyl, brick or aluminum and shall be comparable in composition, appearance and durability to site built houses in the vicinity. In no case shall the degree of reflectivity exceed that of gloss white paint.
(4) Foundation. A continuous permanent masonry foundation (consisting of brick, concrete block with stucco or fieldstone) unpierced, except for required ventilation and access shall be installed upon a poured concrete footer after placement on the lot and within one month after occupancy.
(5) Hitch removal. The hitch, axle and transporting lights shall be removed within one month after occupancy.
(6) Orientation. The mobile home shall be oriented on the site in such a manner that the side having the main entrance and by design is intended to be the front of the home, is parallel to the street abutting the site.
Note 5, Multi-Family, Mixed-Use, Apartment and Townhome/Condominium Dwellings.
(A) General. Applicable standards described in this note are required for multi-family, townhome, duplexes, condominiums, vertical mixed-use developments and conditional district plans as defined in § 3.26 of the Zoning Ordinance and apply to all of the following. If the requirements in this note are at variance with the requirements of any other lawfully adopted rules, regulations or ordinance, the more restrictive or higher standards shall govern:
(1) New construction, whether such construction constitutes a new development or an expansion of an existing development;
(2) Multi-family dwelling units created by a change in use of a portion or all of an existing development to multi-family use; and
(3) Renovation or replacement of a portion or all of an existing multi-family development when the costs of renovation or replacement trigger the requirements of Ch. 11 of this ordinance for compliance with this ordinance.
(4) No phasing of construction is proposed or approved unless:
(a) The commercial portions of the development will be constructed as part of the initial phase; or
(b) If commercial and residential are proposed in the first phase, then no more than one-third of the total proposed residential units for the development can be part of the first phase.
(5) The developer will be required to create and record a plat of the development to ensure that all approved requirements and conditions for development are met if public infrastructure and fee simple lots are proposed. Change in ownership of the development will not negate any approved requirements as recorded with the Gaston County Register of Deeds.
(6) Any multi-family development may be required to develop a Transportation Impact Analysis (TIA) study based on the TIA Ordinance, which is an appendix to the Zoning Ordinance, Strategic Vision Plan and Subdivision and Land Development Ordinance.
(a) No multi-family development shall contain more than 20 dwelling units unless the development shall have frontage along and direct primary access on a major or minor thoroughfare as shown on the Gaston Urban Area Thoroughfare Plan or city-maintained thoroughfare unless the current roadway is capable of handling the capacity demand as reviewed by the city’s TIA Ordinance.
(b) No multi-family development shall contain more than 60 dwelling units unless the development shall have frontage along and direct primary access on two major or minor thoroughfares or combination thereof as shown on the Gaston Urban Area Thoroughfare Plan or city-maintained thoroughfares unless the current roadway is capable of handling the capacity demand as reviewed by the city’s TIA Ordinance.
(7) The off-street parking and circulation plan must assure safe, quick and convenient access for firefighting equipment, refuse collection and service and delivery vehicles. Interior streets may be public or private or a combination thereof as determined by the City of Mount Holly Technical Review Committee (TRC). The acceptance of a public street dedication must be approved by the City Council as required in the Subdivision Ordinance.
(8) The determination of whether interior streets will be public or private or a combination thereof will be based upon the following considerations, with recommendations from the TRC: adopted thoroughfare plan; neighborhood circulation needs; utility facilities; the size and shape of the tract to be developed; and the number of dwelling units to ultimately be constructed.
(9) All portions of every residential building will be located within 400 feet of a public or private street that furnishes direct access to the building.
(10) The design and construction of private streets will meet the standards established in the Mount Holly Subdivision and Land Development Guidelines.
(11) Public or private streets and parking areas will be no closer than 15 feet to any side of a residential building used for entry into the building and will be no closer than ten feet to any other face of the building.
(12) A screening device and parking lot landscaping shall be provided as set forth in Ch. 10, Landscaping and Tree Protection, in the Zoning Ordinance or any other prevailing ordinance requirement.
(13) All required sidewalks shall be installed. To promote pedestrian connectivity sidewalks within the parking and street network will be required as outlined in the Standard Details Manual for Development.
(14) On-site property management or an owners associated shall be required. The owner of a duplex would qualify as the property manager.
(15) Recreation space:
(a) Each unit shall provide a minimum of 50 square feet as attached, private outdoor area in the form of a deck or patio. A breezeway would not qualify towards this requirement.
(b) A minimum of 10% of the parcel shall be provided as usable passive or active recreation space for residents.
(c) In general, required recreation space shall have a least dimension of 25 feet, an average dimension of 50 feet and a minimum area of 2,500 square feet. Smaller dimensions are acceptable if:
1. Less than 2,500 square feet of recreation area is required;
2. The recreation area is a suitably improved roof area or enclosed floor area; or
3. The anticipated needs of the residents require smaller facilities, such as tot lots or shuffle board courts.
(d) The dedication of a greenway easement and construction maybe used to satisfy the requirements for recreational spaces.
(e) Outdoor recreation area for common use should be located 20 feet or more from any residential windows as the same general level.
(f) Recreation areas shall be maintained in a safe and sanitary manner.
(16) Each residential building shall meet the following standards.
(a) The maximum building height shall be three stories of occupied space, and in no case shall the building exceed 50 feet in total height including the roof or the maximum in the particular zoning district, whichever is less.
(b) Roof requirements.
1. If a pitched roof is proposed, the pitched roof area may be used as attic or storage space.
2. If a flat roof is proposed, then it is permissible to utilize all of that area for passive recreation space and could be counted towards the recreation requirements.
(c) The front entrance of each unit on the first floor must be at ground level to the greatest extent practicable.
(17) General dimensional requirements for the development shall be determined by the district in which the development is located.
(18) Every residential building must be separated by a distance of at least 20 feet from any other residential building in the development.
(B) Office & Institutional District (O&I).
(1) Townhome, condominium.
(a) If the development has multi-family dwelling units in mixed-use buildings they must be constructed in compliance with the regulations of division (D) below.
(b) If the development has no mixed-use as part of the development of multi-family dwelling units they must be constructed in compliance with the regulations of the division (E) below.
(2) Apartment.
(a) The development must have multi-family dwelling units in mixed-use buildings and they must be constructed in compliance with the regulations of division (D) below.
(b) However, division (B)(1) above does not have to comply with architectural requirements unless multi-family dwelling units are part of a mixed-use building. Section 5.7 of this ordinance shall apply to divisions (B)(1)(a) and (B)(1)(b) above.
(C) Mount Holly Mixed-Use District (MHMU).
(1) Mixed-use development. If the development has multi-family dwelling units in mixed-use buildings they must be constructed in compliance with the regulations of division (D) below.
(2) Townhome, condominium.
(a) If the development has multi-family dwelling units that are not in a mixed-use building they must be constructed in compliance with the regulations of division (E) below
(b) Section 5.13 of this ordinance shall also apply to divisions (C)(1) and (C)(2) above for Mount Holly Mixed-Use District requirements. Multi-family developments in the MHMU will be required to obtain a Special Use Permit through the Zoning Board of Adjustment.
(D) R-8 Multi-Family District (R-8 MF).
(1) Apartments. Must comply with the regulations found in division (E) below.
(2) Townhome, condominium. No architectural requirements, but must meet all other requirements as outlined in the district regulations of § 5.6 and any other regulations in division (E) below.
(E) Central Business District (B-1).
(1) Mixed-use condominium and apartment. Multi-family residential uses, either as the result of new construction or conversion, are allowed in the Central Business District (B-1) only if the projects in which they are included meet all the following criteria:
(a) Each project shall provide primary street level commercial land uses (i.e., retail, office and restaurant) of at least 50% of the square footage of the footprint of each building on the primary street level. For developments located on lots which abut more than one public street in the Central Business District, each additional street level floor shall provide commercial uses of at least 30% of that level’s square footage. For purposes of this division (E)(1), the PRIMARY STREET shall be determined according to the following order: Main Street; Central Avenue; Catawba Avenue; Highland Street; Charlotte Avenue; all other streets. For example, if a project is located on a lot that abuts both Main Street and Central, Main Street shall be considered the “primary street” while for a project which abuts Catawba Avenue and Highland Street, Catawba Avenue shall be considered the “primary street” and so on.
(b) The entire frontage of the primary street level of the building abutting the street shall provide commercial uses. Required entrances for ingress and egress to secondary uses are permitted along said frontage so long as they are no larger than necessary to meet Building Code and safety requirements for ingress and egress. Commercial uses on the non-primary street level(s) shall front on the non-primary street.
(c) New projects shall be at least two floors above the primary street level.
(d) Buildings facades shall be oriented to each public street and shall have a primary entrance door facing each abutting public sidewalk.
(e) A minimum of 60% of primary public street level facing building facade shall be comprised of transparent, non-reflective windows and 30% of non-primary street level facing building facades shall be comprised of transparent, non-reflective windows.
(f) Surface parking shall be located away from each public street to the extent possible and, if practical, to the rear of the principal building. Facades must comply with § 5.8 of this ordinance.
(g) Structured parking is permitted to the rear of the building or below the street level floor.
(h) Building facades may be no further than zero feet to zero inches from the established street setback line, except where necessary to provide landscaped courtyards, plazas, pocket parks, other pedestrian-oriented amenities or when there would be interference with public utilities.
(i) Pedestrian weather protection such as awnings or canopies are encouraged along the public street, but may be placed only in accordance with an encroachment agreement authorized by the City Council.
(j) Where an existing building is renovated to permit residential and for new construction which is to be partially non-residential, the dimensional requirements of the B-1 District shall apply and there shall be no limitation of density of dwelling units. In such instances, however, the floor area devoted to residential use shall not exceed two times the floor area used for non-residential purposes.
(F) Residential Downtown District (RD). For townhome, condominium, each new multi-family development shall meet the following standards.
(1) A townhouse style design and a mixture of unit configuration and sizes per development shall be encouraged. However, no more than 25% of the units shall be one bedroom. The city would request that developers support the type of dwelling units being proposed with market analysis information unless the total number of units is four or less for the entire development.
(2) Parking shall be required at two spaces per unit and a clearly designated parking area for visitors. Parking spaces per unit ratio may be increased due to site conditions specific to each development at the discretion of the Planning and Development Department. Justification of requests will be documented.
(a) The square footage of the parking designated for visitors may not exceed 20% of the total parking area. A minimum of 25% of units shall have a garage or carport.
(b) If freestanding, garages and carports shall be architecturally integrated with the development. To the greatest extent practicable, parking shall be located behind or underneath proposed buildings.
Note 6, Planned Unit Development.
(A) Intent. To permit great flexibility in the use and design of structures and land in situations where modification of specific provisions of this ordinance will not be contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood in which they occur.
(B) Application and modification powers. The provisions of this section may be applied, upon application of the owner, to any lot exceeding two acres in size. The owner shall file with the Board of Adjustment a proposed site plan and detailed description of the structures to be erected, the other facilities of the project and the land uses involved. In addition, he or she shall furnish such other information as the Board of Adjustment may reasonably require. In acting upon the application, the Board of Adjustment may alter setback requirements, height limits, building size limits, off street parking regulations, landscaping rules and density and intensity limits. It may also authorize uses not permitted in the district where the lot is located, providing such uses are desirable or convenient for the users of the lot as developed or the immediate neighborhood. However, uses not permitted in the district where the lot is located shall not be permitted to occupy more than 10% of the lot area nor more than 10% of the building floor area. Where the Board of Adjustment determines that the application is consistent with § 12.6 of this ordinance and with the other requirements thereof, it shall enter an order authorizing development and use in accordance with the site plan and description contained in the application, modified as the Board may require to carry out the intent and purpose of this section and containing any conditions or restrictions which the Board may consider necessary to carry out the purposes of this ordinance and to protect the public health, safety and welfare. The order shall recite the reasons and findings of fact upon which it is based.
(C) Procedural requirements. Prior to making any order authorizing development and use under a planned unit development application, the Board of Adjustment shall hold a public hearing in the same manner and give notice thereof as required upon application for an appeal as described in § 12.4 of the ordinance.
Note 7, Swimming Pools, Accessory.
(A) Pools shall be located to comply with the minimum setback requirements for accessory buildings and structures of the district in which located.
(B) Pools which are not an integral part of the principal building shall be located a minimum of ten feet from the principal building.
(C) Swimming pools shall be protected by a fence or equal enclosure, a minimum of four feet in height, and equipped with a self-closing and positive self-latching gate provided with hardware for permanent locking.
Note 8, Amusement or Water Parks; Batting Cages; Go-Cart Races; Golf Driving Ranges; Miniature Golf Facilities.
(A) Minimum lot size for all development, except miniature golf facilities shall be five acres.
(B) No principal buildings or structures shall be located within 50 feet of any property line.
(C) Security fencing, a minimum of six feet in height, shall be provided along the entire boundary of the park activities.
(D) No amusement equipment, machinery or mechanical device of any kind may be operated within 200 feet of any residentially zoned property.
Note 9, Associations and Organizations; Social and Fraternal.
In any residential district:
(A) A minimum of one acre shall be required to establish any one of the above uses;
(B) All structures including secondary and accessory structures shall be located a minimum of 50 feet from any street line and property line;
(C) Any use listed above located in a residential district on a site greater than three acres shall have frontage on a collector or thoroughfare street; and
(D) Existing uses as described above which do not meet the one-acre minimum requirement of division (A) above at the time of the adoption of that provision may expend or be reconstructed provided such expansion or reconstruction meets the minimum dimensional requirements of the district in which located.
Note 10, Golf Courses; Including Pro Shop.
(A) There shall be a 50-foot minimum setback between clubhouses, swimming pools, lighted tennis courts or athletic fields and adjacent residentially zoned property.
(B) Outdoor swimming pools shall be protected by a fence, or equal enclosure, a minimum of four feet in height, and equipped with a self-closing and positive self-latching gate provided with hardware for permanent locking.
Note 11, Swim and Tennis Clubs, Swimming Pools, Private.
(A) In any residential district, the minimum area shall be one acre.
(B) There shall be a 50-foot minimum setback between clubhouses, swimming pools, lighted tennis courts or athletic fields and adjacent residentially zoned property.
(C) Outdoor swimming pools shall be protected by a fence, or equal enclosure, a minimum of four feet in height, and equipped with a self-closing and positive self-latching gate provided with hardware for permanent locking.
Note 12, Churches; Synagogues and Other Associated Activities; Nursing and Convalescent Homes; Congregate Care and Group Care; Psychiatric Hospitals; Orphanages; Schools Public, Private, Specialty and Training; Colleges or Universities; and Funeral Homes.
(A) In any residential district:
(1) A minimum of one acre shall be required to establish any one of the above uses;
(2)
All structures including secondary and accessory structures for nursing and convalescent homes; congregate care and group care; psychiatric hospitals; orphanages; schools public, private, specialty and training; colleges or universities; and funeral homes shall be located a minimum of 50 feet from any street line or property line;
(3) Churches, synagogues and other associated activities must provide the following setbacks: 30-foot front setback, and 25 feet for both side and rear setbacks;
(4) Any use listed above located in a residential district on a site greater than three acres shall have frontage on a collector or thoroughfare street; and
(5) Existing uses as described above which do not meet the one-acre minimum requirement of division (A)(1) above at the time of the adoption of that provision may expand or be reconstructed; provided, such expansion or reconstruction meets the minimal dimensional requirements of the district in which located.
(B) (1) Churches; synagogues and other associated activities; nursing and convalescent homes; congregate care and group care; psychiatric hospitals; orphanages; schools public, private, specialty and training; colleges or universities; and funeral homes are prohibited as a permitted use in any existing building in the B-1, Central Business District. However, these aforementioned uses are a permitted use by right on any parcel of land within the B-1, Central Business District, in which they are currently established at the adoption of this ordinance.
(2) Churches; synagogues and other associated activities; nursing and convalescent homes; congregate care and group care; psychiatric hospitals; orphanages; schools public, private, specialty and training; colleges or universities; and funeral homes at the time of the adoption of this ordinance may construct or expand new facilities within the parcel the use currently resides on under § 15.2 and the design guidelines found in § 5.22 of the Zoning Ordinance. However, none of these aforementioned uses may demolish an existing building or purchase additional property for the purpose of constructing or expanding a new facility if the building and/or property are zoned B-1.
(C) In all other zoning districts, the uses that are specified in this note must meet the underlying setbacks laid out in Chapter 5.
Note 13, Day Care Centers (6 or More).
(A) An adult or child day care center with six or more attendees shall be operated as a principal use and subject to the following development standards.
(1) An indoor activity area shall be provided equivalent to at least 25 square feet per attendee.
(2) If licensed for six to 29 children inclusive, there must be 75 square feet per child of outdoor play area for the total number of children for which the center is licensed.
(3) If licensed for more than 30 children, there must be at least 75 square feet per child of outdoor play area for at least one-half of the total number for which the center is licensed; provided that, the minimum amount of space is enough to accommodate at least 30 children.
(4) Outdoor activity area(s) for children shall be enclosed by a security fence at least four feet in height and located outside the street setback.
(5) Centers in a residential district on a site greater than three acres shall have frontage on a collector or thoroughfare street.
(B) (1) Day care centers are prohibited as a permitted use in any existing building in the B-1, Central Business District. However, they are a permitted use by right on any parcel of land within the B-1, Central Business District, in which they are currently established at the adoption of this ordinance.
(2) Day care centers at the time of the adoption of this ordinance may construct or expand new facilities within the parcel the use currently resides on under § 15.2 and the design guidelines found in § 5.22 of the Zoning Ordinance. However, they may not demolish an existing building or purchase additional property for the purpose of constructing or expanding a new facility if the building and/or property are zoned B-1.
Note 14, Automobile Storage; Automobile Towing and Storage; Automobile Wrecking or Junk Yards; Salvage Yards; Scrap Processing.
(A) Outdoor storage associated with the above uses shall be completely screened by a screening device as set forth in Ch. 10 of this ordinance.
(B) Automobile wrecking or junk yards; salvage yards and scrap processing uses shall require a minimum area of five acres. Any area covered by 600 square feet or more of scrap material shall qualify as a use of this category.
(C) Uses subject to this note shall be separated in such a manner as to prevent dust and tracking of mud and debris onto adjoining streets.
(D) Uses subject to this note shall be located a minimum of 100 feet from any street right-of-way and 200 feet from any residentially zoned property.
(E) If any of the uses subject to this note are located within 300 feet from any residentially zoned property then such use shall require a Special Use Permit as outlined in § 12.6 of this ordinance.
Note 15, Drive-In Theaters.
(A) Shall have direct principal access to a street with a minimum of 44 feet of pavement at least 200 feet in each direction from the point of intersection.
(B) Stacking space shall be provided for a minimum of 10% of the vehicle capacity.
(C) The motion picture screen shall be positioned so that it cannot be seen from any public street or residentially zoned area.
Note 16, Radio, Television or Wireless Telecommunication Towers and Related Facilities.
(A) Purpose. The purpose of this section is to:
(1) Minimize the impacts of telecommunications facilities on surrounding areas by establishing standards for location, structural integrity and compatibility;
(2) Encourage the location and co-location of telecommunications facilities equipment on existing structures thereby minimizing new visual, aesthetic and public safety impacts, and to reduce the need for additional antenna-supporting structures;
(3) Encourage coordination between suppliers of telecommunications services in the City of Mount Holly and its planning jurisdiction;
(4) Accommodate the growing demand for telecommunications services and the resulting need for telecommunications facilities; regulate in accordance with all applicable federal and state laws;
(5) Establish review procedures to ensure that applications for telecommunications facilities are reviewed and acted upon within a reasonable period of time;
(6) Protect the unique aesthetics of the city while meeting the needs of its citizens and businesses to enjoy the benefits of wireless communications services; and
(7) Encourage the use of existing buildings and structures as locations for telecommunications facilities infrastructure as a method to minimize the aesthetic impact of related infrastructure.
(B) Siting hierarchy preferences.
(1) The following list indicates the city’s preferences for facility locations, in descending order of preference:
(a) Antenna’s co-location on existing tower;
(b) Concealed (stealth) antennas on existing building/structure; and
(c) New concealed (stealth) towers.
(2) These preferences are intended as guidance for development of an application for telecommunications facilities.
(C) Antenna co-location on existing tower. Co-location and eligible facilities requests, as defined in G.S. § 160D-932, shall be processed in accordance with G.S. §§ 160D-933 and 160D-934StateRef.
(D) Concealed (stealth) antennas and towers.
(1) Design considerations and visibility.
(a) Concealed (stealth) towers shall be designed to complement the physical landscape in which they are intended to be located. Examples of stealth towers that may be compatible include, but are not limited to faux pine trees, unipoles/slick sticks, bell towers and the like. New stealth towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties. New freestanding stealth towers shall be designed to be compatible with adjacent structures and landscapes with specific design considerations such as architectural designs, scale, color and texture.
(b) If the concealed (stealth) tower is designed as a faux tree, all antennas arrays and at least a third of the pole must be completely covered by faux limbs and foliage.
(2) Review and decision authority. The decision authority and review type for applications for new concealed (stealth) towers shall be overseen by the Zoning Administrator as part of the zoning compliance permit process.
(E) Setbacks. Freestanding, new concealed (stealth) towers must comply with the minimum building setback for the zoning district in which they are located and shall also be set back as follows:
(1) From the property line of non-residentially zoned property by the height of the proposed tower;
(2) From the property line of all residentially-zoned property that is used for residential purposes or is vacant by a minimum of the height of the proposed tower plus fifty (50) feet;
(3) Note that all freestanding, new concealed (stealth) towers abutting any residentially-zoned property shall require a special use permit as outlined in § 12.6 of the Zoning Ordinance.
(F) Existing towers. New antennas may be co-located upon towers that exist on the effective date of this ordinance.
(G) Co-location required. Towers shall be constructed to accommodate antenna arrays as follows:
(1) All freestanding towers up to 120 feet in height shall be engineered and constructed to accommodate no less than four antenna arrays.
(2) All towers between 121 feet and 150 feet shall be engineered and constructed to accommodate no less than five antenna arrays.
(3) All towers between 151 feet and taller shall be engineered and constructed to accommodate no less than six antenna arrays.
(H) General development standards.
(1) Design and neighborhood compatibility.
(a) The exterior appearance of all associated support structures and buildings shall comply with the design standards in § 5.22 for commercial buildings.
(b) No advertising sign or logo shall be permitted on any telecommunications facility.
(2) Buffering and screening.
(a) All fences and walls shall be screened in accordance with the requirements of this ordinance.
(b) The base of the tower and each guy anchor shall be surrounded by an opaque fence or wall at least eight feet in height.
Note 17, Airports or Air Transportation Facilities.
(A) The minimum area shall be 50 acres for a Basic Utility Stage 1 airport with a 2,000-foot runway. More area is required for larger airports. Airport size and layout shall conform to FAA Advisory Circular 150/5300-4B.
(B) There shall be a minimum 300-foot distance between airport property and the nearest residence.
(C) Security fencing shall be provided sufficient to control access to runways and taxiways. The fencing shall be a minimum six feet in height.
Note 18, Ammunition, Small Arms.
(A) No such facility shall locate within a 500-foot radius of any residentially or O&I zoned property.
(B) Security fencing shall be provided along the entire boundary of such a facility.
(C) The facility and its operation shall observe all fire protection and prevention requirements.
Note 19, Asphalt Plants.
(A) Any asphalt plant operations shall be located at least 50 feet from any property line.
(B) Security fencing, a minimum of six feet in height, shall be provided around the perimeter of the operation.
(C) Rehabilitation:
(1) Within one year of the cessation of production, all equipment and stock piles incidental to such operation shall be dismantled and removed by and at the expense of the owner.
(2) The site shall be drained to prevent the accumulation of standing water, and channelization of the drainage shall be designed and controlled so as not to cause erosion or silting of neighboring properties or public drainage ways, nor to appreciably increase the turgidity of any natural watercourse, or to occlude any existing drainage course.
(D) All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.
(E) Access:
(1) Access roads leading to any part of the operation shall be constructed with a gravel or asphalt stone surface and maintained in a dust free manner.
(2) Access roads shall be located no closer than 15 feet to any property line other than a railroad right-of-way line.
(3) A plan shall be submitted showing truck routes to and from the site. Such routes shall be designed to minimize impacts on residential areas, schools or other uses negatively affected by truck traffic. Such routes shall be adhered to.
Note 20, Mining and Quarrying.
(A) Setback:
(1) The edges of any pit where a mining operation is taking place, any equipment used in the processing of rock and gravel, any asphalt plant or other industrial use operated in conjunction with the mine or quarry shall be located at least 50 feet from any property line.
(2) Where the mining operation site is bounded by a railroad right-of-way currently being used for rail service to the mining operation, no setback shall be required between the railroad right-of-way and such property.
(B) Security fencing, a minimum of six feet in height, shall be provided around the perimeter of both existing and abandoned operations.
(C) Rehabilitation:
(1) Within one year after the cessation of production at all mining operations, all equipment and stock piles incidental to such operation shall be dismantled and removed by and at the expense of the owner.
(2) Except in a case where redevelopment for another permitted use is in progress on the site of an abandoned extractive operation, all excavations shall be graded to reduce the surface to gently rolling topography in substantial conformity to the land area immediately surrounding, and shall be planted with a cover of sod, trees, shrubs, legumes or grasses which will minimize erosion due to wind or rainfall.
(3) The site shall be drained to prevent the accumulation of standing water, and channelization of the drainage shall be designed and controlled so as not to cause erosion or silting of neighboring properties of public ways, nor to appreciably increase the turgidity of any natural watercourse or to occlude any existing drainage course.
(D) All operations involving blasting discernible beyond the external property line of a quarry shall only be conducted between the hours of 7:00 a.m. and 6:00 p.m.
(E) All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.
(F) Access:
(1) Access roads leading to any part of the operation shall be constructed with a gravel or asphalt stone surface and maintained in a dust-free manner.
(2) Access roads shall be located no closer than 15 feet to any property line other than a railroad right-of-way line.
(3) A plan shall be submitted showing truck routes to and from the site. Such routes shall be designed to minimize impacts on residential areas, schools or other uses negatively affected by truck traffic. Such routes shall be adhered to.
Note 21, Petroleum and Related Products (Wholesale or Manufacturing).
(A) Setback:
(1) Storage tanks protected by either an attached extinguishing system approved by the Fire Marshal, or an approved floating roof, shall not be located closer to an exterior property line than a distance of either the diameter or height of the tank; except that, such distance need not exceed 120 feet.
(2) Storage tanks not equipped as indicated in division (A)(1) above shall not be located closer to an exterior property line than a distance equal to one and one-half times the greater dimension of either the diameter or height of the tank, except that such distance need not exceed 175 feet.
(B) Storage tanks and loading facilities shall be located a minimum of 500 feet from any existing residence or residentially zoned property.
(C) Gravel or paved roadways shall be provided to all storage tanks.
(D) Security fencing, a minimum of six feet in height, shall be provided along the entire boundary of such facilities.
(E) Dikes:
(1) Tanks or groups of tanks shall be diked to prevent the spread of liquid onto other property, waterways or drainage ways; the volumetric capacity of the diked area shall not be less than the capacity of the largest tank within the diked area.
(2) Dikes or retaining walls shall be of earth, steel, concrete or solid masonry designed and constructed to be liquid-tight and to withstand a full hydraulic head. Earthen dikes three feet or more in height shall have a flat section at the top not less than two feet in width. The slope shall be consistent with the angle or repose of the material of which the dikes are constructed. Dikes shall be restricted to an average height of not more than six feet above the exterior grade unless means are available for extinguishing a fire in any tank. Dikes enclosing such tanks shall be provided at the top with a flareback section designed to turn back a boil-over wave. A flareback section shall not be required for dikes and walls enclosing approved floating roof tanks. No loose combustible material, drums or barrels shall be permitted within the diked area.
(3) Where provision is made for draining rainwater from diked areas, such drains shall normally be kept closed and shall be designed so that when in use they will not permit flammable liquids to enter natural watercourses, public sewers or public drains. Where pumps control drainage from the diked area, they shall not be self-starting.
(F) Tank maintenance:
(1) All storage tanks shall be maintained in a leak-proof condition with an adequately painted, rust-free exterior surface.
(2) A firm substratum shall be constructed under each storage area to eliminate differential subsidence and to prevent the product from seeping.
(G) For wholesale operations in the L-I District, the product shall be sold in the same form as received and shall not be altered; except that, two or more products may be blended. Any other alteration of the product shall be deemed a manufacturing use.
(H) All storage facilities shall comply with the latest edition of the “Flammable and Combustible Liquids Code, NEPA 30" of the National Fire Protection Association.
Note 22, Special Home Occupations.
(A) Residential homes with a minimum of 5,000 square feet and located on a minimum two-acre lot may be used for weddings, receptions, show homes or offices.
(B) Office space shall not exceed 40% of the total home square footage.
(C) Total employment shall not exceed 15 persons.
(D) On-site residence is optional for the homeowner.
(E) All parking shall be in the rear or side yards only.
(F) One parking space for every 250 square feet of floor space is required.
Note 23, Yard Sales.
(A) To preserve the character of residential areas, in which yard sales are allowed by setting a limit on the number of yard sales one may have within a given three months and/or calendar year.
(B) Yard sales, garage sales, attic sales and the like are allowed no more than one every three months [four per year]. Additionally, a permit and payment (fee to be determined by the City Manager) are required to conduct a yard sale.
Note 24, Dance Halls and Nightclubs.
(A) The use shall be located at least 300 linear feet from a church, public or private elementary or secondary school, child day care or nursery school, public or private two- or four- year college facility, hospital, public park or playground, residentially zoned or residentially used property, public library, any establishment with an on-premises ABC license.
(B) The required distance will be measured from property line to property line.
(C) No two such uses shall be located within 2,000 linear feet of each other; an adult use or any other establishment with amplified music.
Note 25, Coexisting, Mobile and Temporary Uses.
(A) Intent. To provide greater flexibility in the review and regulation of coexisting uses that seek to operate in the Zoning Jurisdiction of the City of Mount Holly. Each person seeking a special use permit to operate a coexisting use, defined as a mobile or temporary business operation that exists together, in the same place, on the same commercially zoned property, as an existing business operation, shall be subject to the rules and procedures outlined in § 12.6, Special Use Permits, of the Zoning Ordinance.
(B) Requirements. Each person wishing to seek a special use permit for a coexisting use shall be subject to the following requirements.
(1) The applicant shall provide the City of Mount Holly Planning and Zoning Department with the following information:
(a) The shape and dimensions of the lot on which the proposed coexisting use, whether it shall be mobile or temporary, is to be erected or conducted;
(b) The location of the said lot with respect to adjacent rights-of-way;
(c) The shape, dimensions and location of all buildings, existing and proposed, on the said lot;
(d) The nature of the proposed use of the building or land, including the extent and location of the use, on the said lot; this shall include the nature of the merchandise or food that is to be sold;
(e) The location and dimensions of off-street parking and the means of ingress and egress to such space; each coexisting use is to have five parking spaces dedicated solely to its own customers. It is important to note that the coexisting use may not take away from any required parking of the existing business operation. Coexisting uses in the B-1 District do not have to provide off-street parking;
(f) The height, dimensions and location of all signage, existing and proposed, on said lot;
(g) Any other information which the Zoning Enforcement Officer may deem necessary for consideration in enforcing the provisions of this ordinance.
(2) It is important to note that the applicant must provide the required information to the City of Mount Holly Planning and Zoning Department no later than 20 days before the next scheduled Board of Adjustment meeting.
(3) The applicant is required to appear before the Board of Adjustment for approval or denial of a special use permit for the coexisting use, with the owner of the property, on which the proposed coexisting use is to be located. If the property owner is for some reason unable to attend the Board of Adjustment meeting, he or she may submit a written letter, stating his or her consent for the coexisting use, to the applicant, which shall be made available to the Board.
(C) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
APPLICANT. One who applies for a special use permit for a coexisting use.
COEXISTING USE. A mobile or temporary business operation that exists together, in the same place, on the same commercially zoned property, as an existing business operation.
FOOD. Solid food and non-alcoholic beverages and only includes foods sold by the piece or by an individual serving. Any such FOOD must strictly comply with any regulations as interpreted and administered by the County Department of Environmental Health or any other food code enforcement agency.
KITCHEN CONTAINER, DETACHED. Use of a detached container may be located in the B-1 Zoning District to be used as a commercial kitchen to specifically to produce food for the patrons of the principal business on the property. The commercial kitchen must be registered as a restaurant and a separate business from the principal building use.
(a) The structure may utilize other pre-fab structures that comply with State Building Code and Gaston County Health Department as a permanent commercial structure.
(b) Section 3.11 Accessory Buildings and Structures must be complied with in locating the kitchen container.
(c) Exterior materials for the accessory structure may be metal, but must be painted with at least two coats of commercial sealer to protect the exterior. Once sealed, a finished decorative coat must be applied.
(d) The use must utilize an outdoor patio area that adjacent to and for shared use between the two businesses located on the same property. The minimum size of a kitchen container would be 160 square feet and the minimum size of a shared outdoor patio area must be at least 200 square feet.
(e) Must connect to public utilities permitted through the city and county to avoid generators or other intrusive elements for the operation of the kitchen.
(f) Must have a roofing system installed to provide protection from weather that meets all building code requirements. Roofing system shall be constructed of treated lumber or steel framing with metal, shingle or rubber membrane sheeting. If metal, then must follow division (c) of this definition above.
(g) Must be equipped with air conditioning and full commercial kitchen vent hood that is adequately sized for fire suppression.
(h) At no time can the structure be used for general storage that prevents the operation of the commercial kitchen.
MERCHANDISE. Items or entertainment as authorized by the Board of Adjustment.
MOBILE USE. Any vehicle, trailer, pushcart or pedal-powered cart, which can by moved with the assistance of a motor or by pushing or pedaling.
PERSON. Any individual, firm, partnership, association or corporation. Whenever the word PERSON is used in any section in this chapter prescribing a penalty or fine as applied to a partnership or association, the word shall include the partners or members thereof; such word as applied to corporations shall include the officers, agents or employees thereof who are responsible for any violation of such section.
TEMPORARY USE. A non-permanent building, tent or stand that can be erected and taken down with relative ease. The Board of Adjustment may require that any such TEMPORARY USE be constructed with consideration given to size, quality and design.
VENDOR. A person receiving a special use permit for a coexisting use as prescribed under this chapter.
(D) Prohibited conduct.
(1) The following shall constitute unlawful conduct under this chapter. It shall be unlawful to:
(a) Violate any federal, state, county or city law or regulation that pertains to food, beverages or the selling thereof or that pertains to the operation of the vendor’s business in the City of Mount Holly’s zoning Jurisdiction;
(b) Fail to permit any lawfully requested inspection by health officials or fail to comply with any lawful request of a police officer or any other city enforcement official;
(c) Fail to carry and display at all times the permit issued under this article;
(d) Have a coexisting use that is not in compliance with the review regulations or any additional special restrictions or conditions stated in the special use permit;
(e) Vend in any area other than that space designated by the permit;
(f) Leave any stand overnight on any street or sidewalk, park other than in a lawful parking place or in violation of any section of this code or other city ordinance pertaining to parking, or fail to remove any stand during unmanned hours, if required by the permit. Does not apply to detached kitchen containers in the B-1 District;
(g) Leave any location without first picking up, removing and disposing of all trash or refuse remaining from sales made by the vendor;
(h) Sell food or beverages for immediate consumption, unless the vendor has available for public use, the vendor’s litter receptacle or a public litter receptacle that is no more than ten feet distant from the person’s stand. Does not apply to detached kitchen containers in the B-1 District;
(i) Allow any item relating to the operation of the vending business to be placed anywhere other than in, on or under the mobile or temporary use;
(j) Offer to sell any goods other than those permitted by the permit;
(k) Sound or permit the sounding of any device which produces a loud and raucous noise or engage in any hawking or harassment for the purpose of attracting the attention of the public to the stand for commercial purposes;
(l) Have any advertising, except the posting of prices, the name of the product and the name of the vendor, if desired; and/or
(m) Fail to actually operate the coexisting use, for whatever reason, during a period of 30 consecutive days. Such failure shall constitute an abandonment of the site and shall result in revocation of the permit.
(2) Any permitted vendor or person, who fails to operate his or her coexisting use under the provisions of this ordinance, shall be subject to action prescribed under § 15.5 of the Zoning Ordinance.
(3) If a special use permit is approved, then it may be operated in perpetuity if the guidelines of this ordinance, other city codes and applicable agency regulations are not violated.
Note 26, Farmer’s Produce Markets.
(A) The proposed use would only be allowed in the B-1 District and all residentially-zoned Gaston County Board of Education property as operated by a non-profit entity.
(B) All other commercial entities, relating to farmer’s produce markets, will remain in the B-3 District as a permitted use.
(C) The sale of animals will not be allowed in the B-1 District or on residentially zoned Gaston County Board of Education property as it relates to the proposed use.
(D) FARMER’S PRODUCE MARKET is an outdoor market comprised exclusively of vendors who make, bake or grow the products they sell.
Note 27, Motorcycle Assembly and Retail Parts Sales.
(A) The special use shall be limited to the assembly of motorcycles and the retail sale of motorcycle related parts only. All assembly and all work related to the use shall be performed in a totally enclosed building. There shall be no outside storage associated with said use. Each proposed use shall comply with all fire and safety measures. The Board of Adjustment may place additional conditions on each application under the rules and procedures of § 12.6 of the Zoning Ordinance.
(B) Hours of operation are set to 8:00 am to 8:00 pm, Monday through Saturday.
(C) Business must comply with all F-1 Fire Codes and Building Codes.
(D) Access for driveway cuts must be granted by City Council.
Note 28, Solar Energy Systems.
(A) Intent.
(1) To provide for the regulation of the construction and operation of solar energy facilities in the City of Mount Holly, subject to reasonable conditions that will protect the environment, public health, safety and welfare. Zoning permits are required for all energy systems. Additionally, a special use permit is required for some large energy systems.
(2) All applications for solar energy systems must include a full site plan showing the following:
(a) Shape and dimensions of the parcel;
(b) Location of the lot with respect to adjacent rights-of-way;
(c) Shape, dimensions and location of all buildings or solar panels or arrays, both proposed and existing;
(d) Square footage of any built upon area;
(e) Elevation drawing of the solar energy system including, dimensions of each individual system, type and color of all materials; and
(f) Full buffer plan illustrating compliance with this ordinance.
(B) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ACCESSORY SOLAR ENERGY SYSTEM. Any solar collector or other solar energy device, or any structural design feature, mounted on a building or on the ground, and whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity.
APPLICANT. The person or entity filing an application under this ordinance.
ENVIRONMENTAL ASSESSMENT. A detailed examination of the applicant’s proposal and its local environmental context with an emphasis on avoiding, minimizing and mitigating adverse impacts.
FACILITY OPERATOR. The entity responsible for the day-to-day operation and maintenance of the energy facility.
FACILITY OWNER. The entity or entities having controlling or majority equity interest in the energy facility, including their respective successors and assigns.
PARTICIPATING LANDOWNER. A landowner under lease or other property agreements with the facility owner or operator pertaining to the energy facility.
SOLAR ENERGY. Radiant energy (direct, diffuse and reflected) received from the sun.
SOLAR ENERGY SYSTEM, LARGE. A solar collection system that generates electricity from sunlight to be sold-for-profit to a wholesale electricity market through a regional transmission organization and an inter-connection with the local utility power grid and/or for direct distribution to a number of properties and consumers. Any solar energy system not identified as a small solar energy system shall be considered a LARGE SOLAR ENERGY SYSTEM.
SOLAR ENERGY SYSTEM, ROOF-MOUNTED. A solar collection system that is installed upon or is part of the roof of a building or structure located on the subject property. Systems integrated as awnings or attached to the roofs of porches, sheds, carports and covered parking structures also fall under this distinction.
SOLAR ENERGY SYSTEM, SMALL. An accessory solar collection system that generates energy from sunlight for direct consumption on the subject property and/or for inter-connection to the electric utility power grid to offset energy use on the subject property, in accordance with current state net-metering laws.
SPECIAL USE PERMIT. Requirements for special use permits may be found in Ch. 12, § 12.6, of the Zoning Ordinance.
(C) Small solar energy systems. The following shall constitute the criteria and requirements associated with a small solar energy system.
(1) Permitted. Small solar energy systems shall be permitted as an accessory use by right in all zoning districts, subject to the requirements set forth in this ordinance, except for L-I and H-I. Solar energy systems include ground-, pole- and roof-mounted systems.
(2) Energy. The energy generated by the small solar energy system shall be used primarily for direct consumption on the subject property and/or for inter-connection to the electric utility power grid to off-set energy use on the subject property, in accordance with current state net-metering laws.
(3) Zoning permit. The construction of the small solar energy system shall be in accordance with an approved zoning permit from the City of Mount Holly and building permit from Gaston County.
(4) Number of allowed small solar energy systems.
(a) Front yard and front facade placement are prohibited.
(b) Side yard and rear yard placement allows a maximum of four ground- mounted small solar energy systems per side or rear yard.
(c) Front, side and rear roof slope placement shall be determined by a licensed engineer certifying that the structural integrity of the structure can support the required number of solar panels needed. Solar panels must not compromise the structural integrity of the structure and may be placed in any configuration on a front, side or rear roof slope.
(d) Solar panels may be placed in any configuration on the front roof slope of a structure if glare is mitigated. A licensed engineer must provide a letter stating that the angle of any front roof slope placement of a solar panel will not produce a glare directed towards the street or adjoining properties.
1. Setback. Ground- or pole-mounted solar energy systems shall be placed so that no individual component of the solar system may extend into the side or rear setback. Solar energy systems may be placed no closer than ten feet from the rear lot line (except on double frontage lots as defined in § 3.13 of this ordinance) and ten feet from side lot lines. Ground- or pole-mounted solar energy systems shall not be allowed in the front yards of residential properties.
2. Ground-mounted small solar energy systems.
a. The total height of the solar energy system, including any mounts shall not exceed 12 feet above the ground when orientated at maximum tilt. If the solar energy system is intended to provide power for outdoor lighting, the system shall not extend higher than the permitted height of the structure to which it is attached and/or inter-connected to.
b. The solar energy system shall be mounted onto a pole, rack or suitable foundation, in accordance with manufacturer specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manufacturer, which are able to fully support the system components and withstand adverse weather conditions.
c. Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.
d. Any glare generated by the system must be mitigated or directed away from an adjoining property or adjacent road when it creates a nuisance or safety hazard.
e. It shall be demonstrated that the small solar energy system shall not unreasonably interfere with the view of, or from, sites of significant public interest such as a public park, a state designated scenic road or historic resources.
f. Any electrical wiring used in the system shall be underground (trenched) except where wiring is brought together for inter-connection to system components and/or the local utility power grid.
g. No ground-mounted small solar energy systems shall be affixed to a block wall or fence.
3. Roof-mounted small solar energy systems.
a. Roof-mounted small solar energy systems shall include integrated solar shingles, tiles or panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation), or separate flush- or frame-mounted solar panels attached to the roof surface.
b. Separate flush- or frame-mounted small solar energy systems installed on the roof of a building or structure shall not:
i. Project vertically above the peak of the sloped roof to which it is attached; or
ii. Project vertically more than five feet above a flat roof installation.
c. The combined height of a roof-mounted system and the principal structure to which it is attached may not exceed the maximum height for the relative zone, in which it is located, as described in Ch. 5 of this ordinance.
d. It shall be demonstrated that the placement of the system shall not adversely affect safe access to the roof, pathways to specific areas of the roof and safe egress from the roof.
e. Any glare generated by the system must be mitigated or directed away from any adjoining property or adjacent road when it creates a nuisance or safety hazard.
4. Appearance.
a. The small solar energy system shall remain painted or finished the color or finish that was originally applied by the manufacturer.
b. All signs, other than the manufacture’s identification, installer’s identification, appropriate warning signs or owner identification on a small solar energy system shall be prohibited. Not more than one manufacturer label bonded to or painted upon the solar energy system shall be permitted.
(e) No element of the solar system shall reflect sunlight or glare onto a neighboring property or right-of-way. Failure to mitigate glare can result in an enforceable zoning violation.
(5) Code compliance.
(a) A small solar energy system shall comply with all applicable Construction and Electrical Codes.
(b) All obsolete or unused systems shall be removed within six months of cessation of operations without cost to the city. Reusable components are to be recycled whenever possible.
(6) Violations. Subsequent to the effective date of this ordinance, it is unlawful for any person to construct, install or operate a small solar energy system that is not in compliance with this ordinance or with any condition contained in a zoning permit issued pursuant to this ordinance.
(D) Large solar energy systems. The following shall constitute the criteria and requirements associated with a large solar energy system.
(1) Permitted. Large solar energy systems shall be a use permitted in the L-I and H-I Zoning Districts with a special use permit. Large solar energy systems are subject to a review and to the requirements set forth in this ordinance. If a large solar energy system does not sell for profit to a wholesale electricity market through a regional transmission organization, then a special use permit shall not be required but the applicant must meet all provisions of this ordinance.
(2) Energy. The electricity generated by the large solar energy system shall be sold for profit to a wholesale electricity market through a regional transmission organization and an inter-connection with the local utility power grid and/or for direct distribution to a number of properties and consumers. A business may choose to operate a large solar energy system and not sell the energy for profit to a wholesale electricity market through a regional transmission organization so long as the business primarily utilizes such electricity generated for the business activities on their property and are located in the L-I or H-I Zoning Districts.
(3) Zoning permit. The construction of the large solar energy system shall be in accordance with an approved zoning permit from the City of Mount Holly and building permit from Gaston County. If the large solar energy system is to be inter-connected to the local utility power grid, a copy of the conditional approval from the local utility must be provided prior to or at the time of application for the required zoning permit and building permit.
(4) Setback. Ground-mounted large solar energy systems shall be setback a minimum of 50 feet from any property line. If the large solar energy system abuts a residential zoning district the solar energy system shall be setback a minimum of 100 feet from any property line.
(5) Ground-mounted large solar systems.
(a) The total height of the solar energy system, including any mounts, shall not exceed 20 feet above the ground when oriented at maximum tilt.
(b) Shall be mounted onto a pole, rack or suitable foundation, in accordance with manufacturer specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manufacturer, which are able to fully support the system components and withstand adverse weather conditions.
(c) Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.
(d) A security fence equipped with a gate and a locking mechanism must be installed at a height of eight feet along all exterior sides of the solar farm.
(e) A landscape buffer/screen along all exterior sides of the security fence must consist of (the landscape buffer may be located in the setback areas):
1. On-site mature vegetation exists at a minimum height of ten feet and depth of 50 feet between the security fence and adjacent property including rights-of-way and/or on-site mature vegetation exists at a minimum height of ten feet and depth of 100 feet between the security fence and adjacent property including rights-of-way when abutting a residential zoning district;
2. A single row of evergreens in combination with mature vegetation, installed at a height of five feet achieving opaqueness and a minimum height of ten feet in five years;
3. A double row of off-set evergreens absent mature vegetation, installed at a height of five feet achieving opaqueness and a minimum height of ten feet in five years; or
4. A berm combined with evergreen vegetation installed at a height of five feet achieving opaqueness and a minimum height of ten feet in five years.
a. Any glare generated by the system must be mitigated or directed away from an adjoining property or adjacent road when it creates a nuisance or safety hazard.
b. It shall be demonstrated that the large solar energy system shall not unreasonable interfere with the view of, or from, sites of significant public interest such as a public park, a state designated scenic road or historic resources.
c. Any electrical wiring used in the system shall be underground (trenched) except where wiring is brought together for inter-connection to system components and/or the local utility power grid.
d. No ground-mounted large solar energy systems shall be affixed to a block wall or fence.
(6) Roof-mounted large solar energy systems.
(a) Roof-mounted large solar energy systems shall include integrated solar shingles, tiles or panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation), or separate flush- or frame-mounted solar panels attached to the roof surface.
(b) Separate flush- or frame-mounted large solar energy systems installed on the roof of a building or structure shall not:
1. Project vertically above the peak of the sloped roof to which it is attached; or
2. Project vertically more than five feet above a flat roof installation.
(c) The combined height of a roof-mounted system and the principal structure to which it is attached may not exceed the maximum height for the relative zone, in which it is located, as described in Ch. 5 of this ordinance.
(d) It shall be demonstrated that the placement of the system shall not adversely affect safe access to the roof, pathways to specific areas of the roof and safe egress from the roof.
(e) Any glare generated by the system must be mitigated or directed away from an adjoining property or adjacent road when it creates a nuisance or safety hazard.
(7) Appearance.
(a) The large solar energy system shall remain painted or finished the color or finish that was originally applied by the manufacturer.
(b) All signs, other than the manufacturer’s identification, installer’s identification, appropriate warning signs or owner identification on a large solar energy system shall be prohibited. Not more than one manufacturer label bonded to or painted upon the solar energy system shall be permitted. An appropriate warning sign concerning voltage must be placed at the main gate to include the name of the solar energy system operator and a local phone number for the solar energy system operator in case of an emergency.
(8) Code compliance. The applicant shall be required to provide an engineer as-built drawing which shall certify compliance with all safety requirements required under the code section and the manufacturer’s specifications. A large solar energy system shall comply with all applicable Construction and Electrical Codes.
(9) Removal of solar farm equipment and site restoration.
(a) The application must include decommissioning plans that describe the anticipated life of the solar energy system, the estimated decommissioning costs in current dollars, the method of ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the solar energy system project will be decommissioned and the site restored.
(b) The land owner or tenant must notify the city when the solar energy system is no longer generating electricity and when the decommissioning of the solar energy system will begin.
(c) Following a continuous six-month period in which no electricity is generated, the permit holder will have six months to complete decommissioning of the solar energy system. Decommissioning includes removal of solar panels, buildings, cabling, electrical components and any other associated facilities below grade as described in the approved decommissioning plan. The land owner or tenant must notify the city when the decommissioning of the solar energy system is complete.
(10) Violation. Subsequent to the effective date of this ordinance, it is unlawful for any person to construct, install, or operate a large solar energy system that is not in compliance with this ordinance or with any condition contained in a zoning permit issued pursuant to this ordinance.
Note 29, Outdoor Resorts.
(A) In the B-3 General Business District, as a special use within the South Gateway Overlay:
(1) A minimum of 20 acres shall be required to establish the use;
(2) Minimum setback: no principal buildings or structures shall be located within 50 feet of any property line; and
(3) An outdoor resort permitted as a special use shall not be located within one-half of a mile from another outdoor resort. The distance shall be measured by following a straight line from the nearest point along the property line of the proposed outdoor resort to the nearest point along the property line of the lot on which the existing outdoor resort is located. This does not apply to an expansion of an existing approved outdoor resort through acquisition of contiguous property. However, any expansion of uses on acquired contiguous property must be part of special use permit approval.
(B) Submittal requirements:
(1) Site specific plan with phasing and a list of uses, amenities and other aspects of property with quantities or maximum percent of lots/spaces for each use. Building floor plans and elevations of the proposed improvements, in detail.
(2) Abandonment. The discontinuance of a special use for 365 consecutive days shall be considered an abandonment of the special use or if a building permit is not issued within 180 days from the issuance of a special use permit, then the special use permit will expire.
(3) No long term occupancy of cabins, yurts, RVs, campsites, tree houses or will be permitted by patrons for a period greater than 15 calendar days per month. Long-term occupancy is considered occupancy of any rental site for greater than 15 calendar days in a month or rental of multiple sites by one patron that cumulates to greater than 15 consecutive calendar days per month. No individual mail receptacles or cluster mail receptacles permitted, no private ownership of individual sites or improvements permitted, no individual garbage collection. No storage of RVs or campers by general public. RVs, campers or other unique style living attraction as approved by city and in accordance with North Carolina Building Codes may be owned by the outdoor resort to be placed on a campsite in a permanent manner for short-term rental by general public. This does not include an on-site property manager.
(4) Off-site impacts. Adequate measures have been taken to mitigate off-site impacts such as dust, smoke, noise, odors, lights or storm water runoff.
(5) Traffic circulation. Considerations/factors:
(a) The site has access to streets that are adequately designed and constructed to handle the volume and nature of traffic typically generated by the use;
(b) Does not result in the use of any residential street for non-residential through traffic; and
(c) Future circulation needs in the surrounding area have been taken into account through right-of-way dedication and off-site improvements.
(6) Amenities. As part of the Catawba River Corridor Plan, dedication and construction of proposed greenway accommodations with be required. Other amenities proposed by developer including, but not limited to restaurant, pool/spa, playgrounds, pavilions/stages, general retail store, marinas/docks will be shown as part of site plan including phasing of amenities.
(7) Sewage restrictions: no septic systems or mobile vehicle sewage disposal system.
(8) Design standards for permanent structures will be consistent with approved materials under Ch. 5 of the Zoning Ordinance or as part of overall site specific plan.
Note 30, Microbrewery, Brewery, Distillery, Bottleshops, and Lounges.
(A)
Microbreweries, breweries, distilleries, bottleshops and lounges must comply with the following guidelines as a special use in certain districts.
(1) Microbrewery.
(a) A microbrewery may be allowed to have a tasting room, taproom, restaurant, retail, demonstration area, education and training facility or other use incidental to the microbrewery and open and accessible to the public as an accessory use.
(b) A taproom shall not exceed 2,000 square feet in area.
(c) A restaurant shall not be limited in size.
(d) A taproom or restaurant shall be required as an accessory use when the microbrewery within the MHMU, B-1, B-2 or B-3 Zoning Districts.
(e) A taproom associated with a microbrewery shall not be classified as a private club.
(2) Brewery.
(a) Breweries in the B-1 and B-2 Zoning Districts shall be required to have minimum one accessory use such as a tasting room/taproom, restaurant, retail, demonstration area, education and training facility or other use incidental to the brewery and open and accessible to the public.
1. The minimum size of the accessory use shall be 20% of the total square footage for the brewery or 1,500 square feet, whichever is less.
2. Maximum size for the brewery and accessory use(s): 15,000 square feet.
(3) Distillery.
(a) In the B-1 and B-2 Zoning Districts, the maximum area devoted to production is 3,000 square feet.
(b) If a taproom/tasting room are part of distillery, then maximum area devoted to production is 4,000 square feet.
(c) If the distillery is secondary to a restaurant as the principal use, then there is no maximum square foot restriction for the distillery operation.
(4) Bottle shop.
(a) A bottle shop may be allowed to have a tasting room or taproom to be used in conjunction with this retail trade use.
(b) A taproom shall not exceed 2,000 square feet in area.
(c) The retail portion of the building must be greater than 35% of the building space.
(d) A bottle shop and taproom shall only be allowed in the B-1, Central Business District.
(e)
Current and future bottle shops, and associated taprooms, if applicable, may operate as a private establishment under the regulations found in § 18B, Regulation of Alcoholic Beverages.
(5) Lounges.
(a) Hours of operation. Lounges are permitted to operate no later than 12:00 a.m.
(b) Setbacks. Lounges operating in the B-1 District shall be located a minimum of 50 feet from any church, school, park, or residentially zoned property. The separation requirement will be measured from property line to property line.
(c) Outside storage. Outside storage is prohibited.
(d) Live performances/events. Live performances and events that occur at lounges must be completely contained within the principal structure of the establishment, limited in scale, ancillary to the primary use, and shall not constitute the level of performance or/and generate the impact(s) that are associated with dance halls, as defined in § 3.26.
(e) Parking standards. Lounges located in the B-1 District are not required to provide off-street parking per § 8.1(A) of the Zoning Ordinance.
Note 31, Cigar Bar and Lounge.
(A) Cigar bar and lounge also referred to as smoking lounge means an establishment, which, as one of its principal business purposes, promotes the smoking of tobacco products or other legal substances on its premises. The term SMOKING LOUNGE includes, but is not limited to: cigar lounges; hookah cafés; tobacco lounges; tobacco clubs; or tobacco bars.
(B) Cigar bar and lounges are exempt from the North Carolina Smoke-Free Law, G.S. § 130A-496(b) if they meet certain requirements regulated through the state.
(C) The accessory uses of on premise sale of alcohol and food is permitted in conjunction with a cigar bar and lounge as long as they are permitted under G.S. Art. 23 for the approval of the principal use of a cigar bar and lounge.
(D) A dedicated space for the humidor is required, which is a box or room with constant humidity designed to store cigars or pipe tobacco on the premises. At least 25 square feet of the total square footage of the building should be dedicated to a humidor.
(E) Ventilation system: At least seven cycles per hour (CPH) is the minimum threshold the air should be cycled inside of the building where smoking is conducted. A system must be installed and maintained that has the capacity based on the cubic feet of the location where smoking will be conducted to meet the CPH minimum. The system permitted may accomplish this through the use of a heating, ventilation and air conditioning (HVAC), a commercial air purification system (also referred to as a smoke eater) or the combination of these approaches. This information will be reviewed by the Planning Department and must also meet the requirements of the Building Code as reviewed by Gaston County Building Inspections.
Note 32, Amusement Arcades and Indoor Places of Entertainment; Including Bowling Alleys, Skating Rinks and Indoor Theaters.
(A) The purpose of this note is to clarify electronic gaming operations also referred to as, but not limited to “internet sweepstake, internet café, game room, video poker”. Under G.S. § 14-306.4, these uses are not to be permitted or considered the same as an amusement arcade.
(B) Amusement arcades, as defined under § 3.26 of this ordinance, are places of entertainment primarily featuring coin-operated gaming machines. This use is permitted in certain zoning districts in § 6.2, Recreational Uses, of this ordinance and not considered the same as electronic gaming operations.
(C) The following terms shall be defined as set forth below and used for determining if an activity is considered illegal under G.S. § 12-306.4. All other terms shall have their customary meaning.
ELECTRONIC GAMING DEVICE. Any electronic device (computers, terminals and the like) that is capable of visually displaying information to sweepstake entrants in the form of game play, or simulated game play, including, but not limited to:
(a) A video poker game or any other kind of video playing card game, video bingo game;
(b) A video craps game, video keno game, video lotto game, eight liner, pot-of-gold; and
(c) Video game based on or involving the random or chance matching of different pictures, words, numbers or symbols not dependent on the skill or dexterity of the player.
ELECTRONIC GAMING OPERATION.
(a) Any business enterprise where persons utilize electronic machines, including, but not limited to computers, gaming terminals, and electronic tables, to conduct games of chance, skill or dexterity, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or predetermined odds.
(b) ELECTRONIC GAMING OPERATIONS may include, but are not limited to, internet cafés, internet sweepstakes, adult gaming facilities, electronic gaming machines or operations, fish games, pot o’gold or cybercafes. This does not include any lottery approved by the State of North Carolina or any non-profit operation that is otherwise lawful under state law.
GAME ROOM. Any place of business that principally operates mechanical games or pay devices or tables for which charge is made either directly or indirectly. Examples, by way of illustration and not limitation, are pool rooms, bowling alleys, billiard halls, amusement centers, video game rooms and the like.
INTERNET CAFÉ. A place where one can use a computer with Internet access, usually for a fee, either per hour or minute; or with a pass for a day or month and the like. It may serve as a regular café as well, with food and drinks being served. This definition does not include internet sweepstake cafés.
INTERNET SWEEPSTAKES. Any game, advertising scheme or plan, or other promotion, which, with or without payment of any consideration, a person may enter to win or become eligible to receive any prize, the determination of which is based upon chance.
Note 33, Tattoo Studios Only in Conjunction with an Art Gallery, Art Studio And/or Retail Boutique or Multi-Tenant Building.
(A) A tattoo studio, defined as an establishment whose only business activity is placing ink under the skin using needles that result in the coloration of the skin with an optional accessory use of body piercing, which is defined as insertion of an object, such as jewelry, into a hole for display purposes, shall be allowed as apermitted use in the B-1, Central Business District, subject to the conditions found in divisions (B)(1) through (B)(6) below. Activities such as, or similar to, cutting of the skin or subcutaneous tissue, cutting or modification of cartilage or bone, implantation, branding, deep tissue penetration, threading, stapling or any other invasive procedure, whether or not such act would constitute the practice of medicine requiring licensure as a physician shall not be allowed.
(B) Conditions:
(1) Clients to the tattoo studio and related consultation area shall be by appointment only.
(2) The tattoo studio must be located in the rear portion of the building, if utilized in conjunction with the art gallery, art studio and/or retail boutique being located in the front portion of the building.
(3) The tattoo studio and related rooms such as the consultation area, may not occupy more than 60% of the gross floor space. The art gallery, art studio and/or retail boutique must occupy at least 40% of the gross floor space.
(4) In lieu of meeting the requirements of a tattoo studio operating in conjunction with an art gallery, art studio and/or retail boutique with the applicable conditions, multi-tenant buildings, defined as having four or more leasable spaces under one common roof, may allow one space dedicated to a tattoo studio. In this case, the area used for tattooing must be a minimum of 144 square feet and shall be located in a separate room or behind an enclosure that is completely screened from the consultation area of the studio to provide privacy for clients.
(5) Tattoo studios can also offer limited sales and retailing as a part of their studio operation.
(6) All federal, state and local regulations for tattoo establishments shall be met.
Note 34, Restaurants with Drive-Thru.
(A) Restaurants with drive-thru service are a permitted use in the B-1, B-3, MHMUD and L-1 Zoning Districts.
(B) A restaurant with drive-thru service must have road frontage along Beatty Drive in the Mount Holly Mixed Use District.
(C) All restaurants with drive-thru service must conform to the architectural requirements for the district, in which they are located.
(D) Restaurants with drive-thru service are subject to the City of Mount Holly Transportation Impact Analysis (TIA) Ordinance.
Note 35, Automated Car Washes.
Automated car washes shall comply with the following minimum standards:
(A) Shall conform to the architectural design standards found in § 5.9(C) of the Zoning Ordinance;
(B) Shall have hours of operation limited to 7:00 a.m. to 10:00 p.m.;
(C) Shall be manned by at least one attendant during all hours of operation;
(D) Shall direct all lighting away from roadways and residential areas;
(E) Shall conform to the required landscaping/buffer yards as outlined in § 10.5 of the Zoning Ordinance; and
(F) Shall include a dedicated onsite office space.
Note 36, Animal Grooming (No Overnight Boarding).
If this use-type is located in the B-1 Zoning District then the following conditions must be adhered to:
(A) No outside storage or grooming;
(B) No overnight kenneling or boarding;
(C) No more than 12 animals in the business at one time;
(D) All animals obtaining service must be vaccinated to legal state requirements and have a vet record on file;
(E) No animal waste within 25 feet of the property. Animal waste must be removed daily; and
(F) An animal grooming business must be located at least 3,000 feet from another animal grooming business.
Note 37, Contractors' Facilities with Open Storage.
Contractors' facilities with open storage located in the B-3, General Business District, which commence operations after the effective date of this section and are located along/adjacent to major intersections—including freeways, recommend freeways, expressways, recommend expressways, boulevards, recommend boulevards, major and minor throughfares, and recommended major and minor throughfares—as shown on the Gaston-Cleveland-Lincoln Metropolitan Planning Organization's (GCLMPO) Comprehensive Transportation Plan (CTP), or facilities that abut either residentially zoned properties or residential uses of land will be required to screen the entirety of their storage areas through fencing and landscaping. Provided fencing will be opaque, and will be five feet tall in front and side yards, and eight feet tall in the rear yards. Landscaping will be provided via a ten-foot-wide vegetated buffer with four large trees provided per 100 linear feet, and 30 shrubs per 100 linear feet, which will be installed in front of the required fence.
(Ord. passed 5-13-1996; Ord. passed 1-4-2002; Ord. passed 7-14-2003; Ord. passed 5-10-2004; Ord. passed 5-8-2006; Ord. passed 6-11-2007; Ord. passed 7-11-2016; Ord. passed 9-12-2016; Ord. passed 11-13-2017; Ord. passed 1-13-2020; Ord. passed - -; Ord. passed 9-12-2022; Ord. passed 7-10-2023; Ord. passed 10-9-2023; Ord. passed 11-13-2023; Ord. passed 12-11-2023; Ord. passed 3-11-2024; Ord. passed 6-24-2024)