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(A)
A continuous buffer strip (or visual buffer) shall be provided and maintained (by the created use) in all cases where a non-residential use is created and abuts a lot in an R-1 or R-2 Residential District and where otherwise required by terms of this chapter.
(B) A buffer strip shall consist of an area at least ten feet wide in which is planted evergreen trees spaced not less than ten feet part, or evergreen shrubs spaced not less than five feet apart, which at maturity shall be not less than 12 feet in height. The buffer strip shall be planted and maintained in a healthy growing condition by the property owner who, under the terms of this chapter, is required to provide the buffer strip.
(C) In the case of a temporary use structure pursuant to § 153.030, the buffer strip shall also include a wooden fence that screens the temporary use structure from any occupied lot in an R-1 or R-2 Residential District.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)
An accessory use structure which use is incidental and subordinate to the principal use or building and located on the same lot with the principal use or building may be permitted provided:
(A) The structure shall be located in the rear yard of the principal use or building;
(B) The structure shall maintain a minimum setback of five feet from rear lot lines and shall observe setback requirements from all other lot lines as required in § 153.032;
(C) Where an accessory structure is situated on a corner lot it shall not extend beyond the front yard line required for abutting property on the side street;
(D) In the R-1 and the R-2 Residential Districts, accessory use structures shall only include garages and non-commercial structures such as workshops and greenhouses, provided any greenhouse heating plant is not located within 25 feet of any lot line.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)
(A) Temporary non-residential structures such as real estate and construction field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the Zoning Administrator through the issuance of a temporary Certificate of Compliance consistent with § 153.007(F).
(B) Temporary use structures shall be located on the same lot or tract of land being used or developed for a directly related permanent use.
(D) A buffer strip shall be required consistent with § 153.028(C).
(E) Temporary use structures shall comply with height and yard requirements set forth in § 153.032.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)
All salvaged, discarded, junked or similar material awaiting salvage, recycling or disposal shall not be placed in open storage except for small incidental amounts of refuse generated on site and secured in appropriate containers by the permitted use;
(B) That all material placed in the yard shall be secured and prevented from being moved by the elements out of the yard; and
(C) That all materials shall be stored within a chain-link or similar fence and, where required, provided with a buffer strip consistent with § 153.028.
(Ord. passed 4-1993)
(A) No building and no portable building shall hereafter be erected, installed, placed or altered so as to exceed the dimensional or area requirements as shown in Table I.
(B) No lot, even though it may consist of one or more adjacent lots of record in single ownership, shall be reduced in size so that the lot width or depth, front, side or rear yards, lot area per dwelling unit, or other requirements of this chapter are not maintained. This prohibition shall not be construed to prevent the purchase or condemnation of narrow strips of land for public utilities or street right-of-way purposes.
(C) No yard, open space, off-street parking or loading space required in connection with any building for the purpose of complying with this chapter, shall be included as a part of a yard, open space, off-street parking or loading space similarly required for any other building or use.
(D) In the event that a lot abuts a street at both the front and rear of the lot, the owner shall be required to specify the front of the lot when requesting a Zoning Certificate.
(E) The front yard setback requirements for dwellings shall not apply on any lot where the average setback of existing buildings located wholly or in part within 100 feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required setback. In such cases, the setback may be less than the required setback, but not less than the average of the setback of the aforementioned existing buildings.
(F) The height limitations indicated in Table I shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, television towers, masts, aerials and similar structures.
(G) Where a side yard abuts a street, said side yard requirements shall be the same as the front yard requirements for abutting property on the side street. In no case, however, shall the side yard requirements be less than those specified in Table I.
(H) Every part of a required yard shall be open from its lowest point to the sky unobstructed, except as follows:
(1) The ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves, provided, however, that none of the above shall project into a minimum side yard more than 24 inches;
(2) Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a minimum yard not more than three and one-half feet, and the ordinary projections of chimneys and flues may be permitted by the Zoning Administrator where they are so placed as not to obstruct light and ventilation.
(I) Street and highway rights-of-way shall not constitute a part of a lot or any required yard or open space.
(J) Table I: Dimensional requirements:
District | Min. lot area in square feet | Lot area per dwelling unit in square feet | Min. lot width at building line in feet | Min. yard requirements in feet | Max. height in feet | ||
Front | Side | Rear
|
District | Min. lot area in square feet | Lot area per dwelling unit in square feet | Min. lot width at building line in feet | Min. yard requirements in feet | Max. height in feet | ||
Front | Side | Rear
| |||||
R-1 Medium Density Residential | 10,000 | 10,000 | 70 | 25 | 10
1 | 30 | 50 |
R-2 High Density Residential | 8,000 | 8,000 for first unit, 6,000 each additional dwelling unit | 70 | 25 | 82 | 30 | 50 |
G-B General Business | None | Not applicable | 20 | None | None3 | None4 | 50 |
H-B Highway Business: Non-residential uses Residential uses | Same as NC State Building Code as administered by Cherokee County Building Instructor | ||||||
10,000 | Not applicable | 80 | 50 | ||||
8,000 | 8,000 for first unit, 6,000 for each additional unit | 70 | 50 | ||||
I-H-C Industrial and Heavy Commercial: Non-residential uses Residential uses | Same as NC State Building Code as administered by Cherokee County Building Instructor | ||||||
40,000 | Not applicable | 100 | 50 | ||||
8,000 | 8,000 for first unit, 6,000 for each additional dwelling unit | 70 | 50 | ||||
F-W Floodway | N/A | Not applicable | N/A | N/A | N/A | N/A | N/A |
1 Side yard requirements for corner lots shall be increased to 20 feet along the side street. 2 Side yard requirements for corner lots shall be increased to 16 feet along the side street. 3 Side yards are not required in the G-B district. If such a yard is provided, it must be a minimum of four feet (to allow for cleaning and access). Common wall construction is permitted in the G-B district. On all corner lots in this district, a ten foot setback from the side street line is required. 4 Rear yards are not required in the G-B district except in those cases where the G-B district abuts an established residential district. In such cases, the rear yard requirement shall be a minimum of ten feet. | |||||||
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021; Am. Ord. passed 6-3-2024)
(A)
Every building hereafter erected, moved or structurally altered shall be located on a lot, and except for situations approved as a special use under §§ 153.075 through 153.080, in no case shall there be more than one principal building or structure and its customary accessory buildings on the lot, except in the case of manufactured home parks and group developments allowed as a special use.
(B) No building shall hereafter be erected on a lot which does not abut a publicly dedicated, publicly approved or publicly maintained street for a distance of at least 35 feet.
(C) Sight distances at intersections must meet the standards for secondary roads established by the North Carolina Department of transportation. On corner lots, no planning, structure, sign, fence, wall or other obstruction shall be erected so as to interfere with the sight distance.
(D) Vacant lots and open spaces located adjacent to major thoroughfares shall be maintained. Vegetation shall be neatly trimmed, and the accumulation of unsightly debris shall be prohibited.
(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)
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