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The provisions of this chapter shall apply within the corporate limits of the Town of Murphy as specifically identified and delineated on the map entitled, "The Official Zoning Map of the Town of Murphy, North Carolina." The zoning map and all explanatory material thereon is hereby made a part of this chapter. The zoning ordinance and zoning map shall be maintained on file in the office of the Zoning Administrator.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)
(A)
Nothing contained herein shall repeal, modify or amend any federal or state law or regulation, or any county ordinance or regulation pertaining thereto; nor shall any provision of this chapter amend, modify or restrict any provisions of the Code of Ordinances of the Town of Murphy, North Carolina; however, the adoption of this chapter shall and does amend by substitution all previously enacted zoning ordinances for the town and any amendments made thereto; and any and all ordinances, resolutions and regulations in effect in the town as of the time of the adoption of this chapter that may be construed to impair or reduce the effectiveness of this chapter or to conflict with its provisions.
(B) It is not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, if this chapter imposes greater restrictions or higher standards for the use of a building or land, then the provisions of this chapter shall control.
(C) These regulations shall not prevent the construction of any structure for which a building permit has been secured prior to the effective date of this chapter or any amendment thereto, so long as the building permit has not been revoked or allowed to expire and the entire building is completed within 18 months from the date of passage of this chapter. However, once constructed, any structure so erected will be subject to any and all regulations set forth in this chapter.
(D) All suits at law or in equity and all prosecutions resulting from the violation of any ordinance provisions which are now pending in any court of this state or of the United States, shall not be abated or abandoned by reason of the adoption of this chapter, but shall be prosecuted to their finality the same as if this chapter had not been adopted; and any and all violations of this or the previously existing zoning ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this chapter shall be so construed as to abandon, abate or dismiss any litigation or prosecution now pending or which may heretofore be instituted or prosecuted.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)
(A)
Any parcel of land, use of land, building or structure existing at the time of the adoption of this chapter, or any amendment thereto, that does not conform to the use or dimensional requirements of the district in which it is located, may be continued and maintained subject to the following provisions:
(1) Nonconforming vacant lots. This category of nonconformance consists of vacant lots for which plats or deeds have been recorded in the office of the Register of Deeds of Cherokee County, which at the time of adoption of this chapter fail to comply with the minimum area and width requirements of the districts in which they are located. Any such nonconforming lot may be used for any of the uses permitted in the district in which it is located, provided that:
(a) Where the lot area is not more than 20% below the minimum specified in this chapter, and other dimensional requirements are otherwise complied with, the Zoning Administrator is authorized to issue a zoning compliance permit.
(b) Where the lot area is more than 20% below the minimum specified in this chapter or other dimensional requirements cannot be met, the Board of Adjustment is authorized to approve as a variance such dimensions as shall conform as closely as possible to the required dimensions.
(c) Notwithstanding the foregoing, whenever two or more adjoining vacant lots of record are in single ownership at any time after the adoption of this chapter and such lots individually have less area or width than the minimum requirements of the district in which such lots are located, such lots shall be considered as a single lot or several lots which the minimum requirements of this chapter for the district in which such lots are located.
(2) Nonconforming occupied lots. This category of nonconformance consists of lots, occupied by buildings or structures at the time of adoption of this chapter, that fail to comply with the minimum requirements for area, width, yard and setbacks for the district in which they are located. These lots may continue to be used.
(3) Nonconforming open uses of land. This category of nonconformance consists of lots used for storage yards, used car lots, auto wrecking, junkyards and similar open spaces where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use of the land is not permitted to be established hereafter, under this chapter, in the district in which it is located. A legally established nonconforming open use of land may be continued except as follows:
(a) When a nonconforming open use of land has been changed to a conforming use, it shall not thereafter revert to any nonconforming use;
(b) Nonconforming open use of land shall be changed only to conforming uses;
(c) A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming;
(d) When any nonconforming open use of land is discontinued for a period in excess of 180 days, any future use of the land shall be limited to those uses permitted in the district in which the land is located. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
(4) Nonconforming uses of structures. This category of nonconformance consists of buildings or structures used at the time of enactment of this chapter for purposes of use not permitted in the district in which they are located. Such uses may be continued as follows:
(a) An existing nonconforming use may be changed to another nonconforming use of the same or higher classification, provided that the other conditions in this chapter are complied with. For the purpose of this chapter, the rank order of uses from higher to lower shall be: 1) residential; 2) public; 3) commercial; and 4) industrial;
(b) When a nonconforming use has been changed to a conforming use, it shall not thereafter be used for any nonconforming use;
(c) A nonconforming use may not be extended or enlarged, nor shall a structure containing a nonconforming use be altered except as follows:
1. Structural alterations as required by law or ordinance to secure the safety of the structure are permissible;
2. Maintenance and repair necessary to keep a structure containing a nonconforming use in sound condition are permissible;
3. Expansion of a nonconforming use of a building or structure into portions of the structure which, at the time the use became nonconforming, were already erected and arranged or designed for such nonconforming use is permissible;
(d) When any nonconforming use of a building or structure is discontinued for a period in excess of 180 days, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(5) Reconstruction of damaged buildings or structures. Any nonconforming use, which has been damaged by fire, wind, flood or other causes, may be repaired and used as before provided:
(a) Repairs are initiated within 12 months and completed within two years of such damage;
(b) The total amount of space devoted to a nonconforming use may not be increased;
(c) Reconstructed buildings may not be more nonconforming with respect to dimensional restrictions.
(6) Continuation of manufactured home parks. Manufactured home parks that become nonconforming uses shall be permitted to continue operation, and existing spaces within the manufactured home park may continue to be occupied by manufactured homes even after a space has been vacated; however, manufactured home parks shall not be expanded or increased in size and no additional spaces designed for occupancy by a manufactured home shall be added to the site after the adoption of this chapter. A manufactured home park that is discontinued for 180 days shall not be reestablished.
(B) Individual manufactured homes. Manufactured homes in existence at the time of the enactment of this chapter, or immediately preceding any applicable amendment thereto, shall be deemed in compliance herewith.
(C) Signs. Nonconforming signs in existence at the time of the enactment of this chapter, or immediately preceding any applicable amendment thereto, shall be deemed in compliance herewith.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)
Except as specifically defined herein, all words used in this chapter shall have their customary dictionary definitions. For the purpose of this chapter, certain words or terms used herein are defined as follows:
(A) Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.
(B) The word TOWN shall mean the Town of Murphy, North Carolina.
(C) The words TOWN BOARD shall mean the Town Board of Commissioners of the Town of Murphy, North Carolina.
(D) The words BOARD OF ADJUSTMENT shall mean the Zoning Board of Adjustment of the Town of Murphy, North Carolina.
(E) The word MAY is permissive.
(F) The word SHALL is mandatory.
(G) The word LOT includes the words PLOT or PARCEL.
(H) The word STRUCTURE includes the word BUILDING.
(I) The words USED or OCCUPIED as applied to any land or building shall be construed to include the meaning intended, arranged or designed to be used or occupied.
(J) The words PERSON or APPLICANT include a firm, association, organization, partnership, corporation, company, trust, individual or government unit.
(K) The word STREET includes the words ROAD or HIGHWAY.
(L) The words ORDINANCE or ZONING ORDINANCE shall mean the Zoning Ordinance of the Town of Murphy, North Carolina.
(M) The words ZONING MAP shall mean the Official Zoning Map of the Town of Murphy, North Carolina.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. ACCESSORY USES shall be located only in rear yards.
APARTMENT. A part of a building consisting of a room or rooms intended, designed or used as a dwelling unit.
BILLBOARD. Any sign which is not located on the premises that it identifies or advertises and is larger than 50 square feet.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. The connection of two buildings by means of an open porch, breezeway, passageway, carport or other such structure, with or without a roof, shall not be deemed to make them one building.
BUILDING, ACCESSORY. A building located on the same lot with a principal building, subordinate to the principal building on the lot and used for purposes dearly incidental to those of the principal building on the lot.
BUILDING HEIGHT. The distance from the highest ground level at the foundation of the building to the highest point of the roof.
BUILDING LINE. A line fixed parallel to a lot line beyond which a building cannot extend under the terms of this chapter. Included are front, side and rear building lines.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated.
CRYPTOCURRENCY MINING FACILITY. A facility that exists for the purpose of operating computer equipment in order to mine or store cryptocurrencies or the data associated with mining or storing of cryptocurrencies. The individual use of personal computers for the mining of cryptocurrencies is not included in this definition.
CUSTOMARY HOME OCCUPATION. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof.
DWELLING. Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons.
GAMEROOMS. A business, establishment or location which sells alcohol, or at which alcohol is sold, having more than two video games kept, maintained or located on the premises.
GROUP CARE FACILITY. An establishment qualified for a license by the State of North Carolina to provide resident services to individuals of whom one or more are unrelated. Such individuals are handicapped, aged and/or disabled; are undergoing rehabilitation or extended care; and are provided services to meet their needs by the group care facility. Group care facilities include group homes for all ages, halfway houses, foster houses and boarding homes.
GROUP DEVELOPMENT. A group of two or more principal structures built on a single lot, tract or parcel of land at least two acres in size and not subdivided into the customary streets and lots and designed for occupancy by separate families, businesses or other enterprises. Examples would be: cluster type subdivisions, row houses, apartment courts, housing projects, school and hospital campuses, shopping centers and industrial parks.
HOMELESS SHELTER. A building operated by a non-profit organization providing overnight lodging on the premises for persons temporarily or permanently without regular adequate overnight lodging.
LOT. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.
LOT, CORNER. A lot which occupies the interior angle at the intersection of two street lines. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines front equally, in which case the owner shall be required to specify the front of the lot when requesting a zoning compliance permit LOT LINE. A line dividing one parcel of property from another parcel of property or from a street right-of-way.
LOT OF RECORD. Any lot for which a plat or deed has been recorded in the Registry of Deeds of Cherokee County.
MANUFACTURED HOME or MOBILE HOME. A dwelling unit that is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for one and two-family dwellings, which 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 which exceeds 40 feet in length and eight feet in width.
MANUFACTURED HOME PARK. A contiguous parcel of land under single ownership which has been developed for the placement of manufactured homes. Excluded from this definition are manufactured home sales lots on which unoccupied manufactured homes are parked for purposes of inspection and sale.
MANUFACTURED HOME SITE. A plot of ground within a manufactured home park designated for the accommodation and use of one manufactured home and containing all improvements and utility connections required under this chapter as well as all other applicable regulations.
MODULAR HOME. A dwelling unit constructed in accordance with the construction standards of the North Carolina Uniform Residential Building 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 and placement on a permanent foundation. Without limiting the generality of the foregoing, a modular home may consist of two or more sections transported to the site on each's own chassis or steel frame, or a series of panels or room sections transported to the site on a truck and erected, assembled or joined there.
PERSON. An individual, corporation, partnership, firm, association, trust and any other legally recognized entity.
PORTABLE BUILDING. A building the use of which does not require a permanent location on the ground or attachment to something having a permanent location on the ground.
RECREATIONAL VEHICLE PARK. An undivided lot or tract at least three acres in size under single ownership which has been developed for the lease and/or sale of spaces for the temporary location of recreational vehicles limited to travel trailers, pick-up coaches, motor homes, or other vehicular accommodations suitable for temporary habitation and used for travel, vacation, and recreational purposes.
SETBACK. The required distance between any structure and the applicable lot line (front, side or rear) of the lot on which the structure is located.
SIDEWALK VENDOR. A seller who displays and/or sells goods, wares, or merchandise of any kind on a sidewalk of the town. However, a sidewalk vendor shall not include a seller who displays and/or sells goods, wares, or merchandise of any kind on that portion of a sidewalk of the town adjacent to a building occupied by that same seller.
STREET. A public thoroughfare or right-of-way for vehicular traffic which affords a principal means of access to abutting properties.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. The term STRUCTURE includes, but is not limited to, buildings, fences, signs, sheds and towers.
TRAVEL TRAILERS. A vehicle less than 32 feet in length designed primarily as a temporary dwelling for travel, recreation or vacation uses.
USE. The purpose or activity for which a piece of land or its structures is designed, arranged or intended, or for which it is occupied or maintained.
USE, PRINCIPAL. The main use of land or structures on a lot, as distinguished from an accessory use.
VIDEO GAME MACHINE. A mechanically, electrically or electronically operated machine or device that is capable of displaying information on the screen or other mechanism which requires deposit of any coin or token, or use of any credit card, debit card, or prepaid card, or any other method that requires payment, whether directly into the machine or device or resulting in remote activation of a video game based on or involving the matching of different pictures, words, numbers, or symbols dependent on the skill or dexterity of the player or any other video game dependent on skill or dexterity and such machine or device is caused to operate or may be operated in such manner that the user will receive or become entitled to receive any piece of money, credit, allowance, thing of value, entry into a sweepstakes, or any check, slug, token or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance or anything of value, or which may be given in trade, or the user may secure additional chances or rights to use such machine or device or any other such machine or device.
YARD. A space on the same lot with a principal building which is open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.
(Ord. passed 4-1993; Am. Ord. passed 9-4-2007; Am. Ord. passed 4-2-2018; Am. Ord. passed 8-6-2018; Am. Ord. passed 6-7-2021; Am. Ord. passed 10-4-2021; Am. Ord. passed 3-6-2023; Am. Ord. passed 6-3-2024; Am. Ord. passed 8-12-2024)
DISTRICT REGULATIONS
(A) For the purpose of this chapter, the Town of Murphy, North Carolina, is hereby divided into the following use districts:
(1) R-1 Medium Density Residential District;
(2) R-2 High Density Residential District;
(3) G-B General Business District;
(4) H-B Highway Business District;
(5) I-H-C Industrial and Heavy Commercial District;
(6) F-W Floodway District; and
(7) A-T Agricultural Transition.
(B) Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following shall apply:
(1) Boundaries indicated as approximately following the center lines of streets, highways, railroad rights-of-way, alleys, streams, rivers or other bodies of water, shall be construed to follow such lines.
(2) Boundaries indicated as approximately following lot lines shall be construed as following those lot lines.
(3) Boundaries indicated as approximately following town limit lines shall be construed as following those town limit lines.
(4) Where district boundaries are indicated to be approximately parallel to the center lines of streets, highways or railroads, or rights-of-way of same, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the zoning map.
(5) Where a district boundary line divides a lot in single ownership, the district requirements for the least restricted portion of such lot shall be deemed to apply to the whole thereof, provided that such extensions shall not include any part of such lot more than 35 feet beyond the district boundary lines.
(6) Where physical features existing on the ground differ from those shown on the official zoning map, or in other circumstances are not covered by § 153.020 (B)(1) through (5), the Board of Adjustment shall interpret the district boundaries.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)
This district is established as a district in which the principal use of land is for single-family residences. Within the R-1 Medium Density Residential District, no structure or land shall be used, and no structure shall be hereafter erected, relocated, reconstructed or structurally altered unless otherwise provided in this chapter, except for one or more of the following purposes:
(A)
Permitted uses:
(1) Single-family dwellings, including custom-built and modular homes.
(2) Customary home occupations, provided:
(a) The home occupation shall be carried on by the occupants of the dwelling and shall be clearly incidental and secondary to the residential use;
(b) The occupation shall be carried on solely within the main dwelling and shall not occupy more than 25% of the total floor space of the dwelling;
(c) There shall be no display, outside storage, change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than signs consistent with §153.060(A);
(d) No more than two persons not in residence on the premises shall be employed in connection with the home occupation;
(e) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood; and
(f) No equipment or process shall be used in conjunction with the home occupation which increases noise, vibration, glare, fumes, odors or interferes with normal activities off the lot, including visual or audible interference in any radio or television receivers or fluctuations in line voltage off the premises.
(3) Churches and cemeteries;
(4) Public and private schools, not including trade schools;
(5) Government and other public uses;
(6) Parks, playgrounds, golf courses, swimming pools and community centers;
(7) Day nurseries and kindergartens, provided the use shall be accompanied by an outdoor play area of at least 100 square feet for each child;
(8) Farms and related agricultural uses, except for the keeping of livestock;
(9) Temporary use structures, consistent with the provisions set forth in § 153.030; and
(10) Customary accessory building, consistent with the provisions set forth in § 153.029.
(B) Special uses:
(1) Public utility buildings and facilities.
(2) Group developments.
(C) Use restrictions:
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)
This district is established as a district in which a variety of residential uses exist. Within the R-2 High Density Residential District, no structure or land shall be used, and no structure shall be hereafter erected, relocated, reconstructed or structurally altered unless otherwise provided in this chapter, except for one or more of the following purposes:
(A) Permitted uses:
(1) All uses permitted in the R-1 District;
(2) Multi-family dwellings;
(3) Manufactured homes, provided the manufactured home shall be placed on a permanent, enclosed foundation with the wheels and pulling tongue removed;
(4) Rooming and boarding houses and bed and breakfast inns; and
(5) Residential apartments as a secondary use.
(B) Special uses:
(1) Manufactured home parks;
(2) Group developments; and
(3) Manufactured home placed on an existing residential lot.
(C) Use restrictions:
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)
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