(A) Note 1. Accessory Buildings or Uses.
(1) Mobile homes and manufactured homes shall not be permitted as an accessory building.
(2) Open storage. In the Commercial District open storage as an accessory use shall be permitted provided it does not infringe on required parking space requirements. In the Industrial Districts open storage as an accessory use shall be permitted provided it is enclosed by a fence not less than six feet in height.
(3) Residential occupancy. No permanent residential occupancy shall be allowed as an accessory use in Commercial and Industrial Districts.
(4) Steel containers previously used for the shipping of goods shall be permitted for use as an accessory building in the Commercial and Industrial Districts provided that such a unit located on the same site for more than six months must be anchored.
(B) Note 2. Accessory Dwelling Unit. A dwelling unit permitted on the same parcel as a single family dwelling, but shall be clearly incidental and subordinate to the principal building. This can include garage apartments and guesthouses, but does not include manufactured homes. Accessory dwelling units are permitted as indicated in the Table of Permitted Uses and shall meet the following provisions:
(1) Accessory dwelling units shall only be permitted on lots that are 43,000 square feet or greater in size.
(2) An accessory dwelling unit may be attached to the single-family dwelling or combined with a detached private residential garage/workshop.
(3) Only one accessory dwelling unit is allowed per lot and the home must be located on the same lot as the principal building.
(4) The accessory dwelling unit cannot exceed 75% of the heated square feet of the principal building or 1,000 square feet, whichever is less.
(5) A detached accessory dwelling unit must be located in the side or rear yard of the principal building and be separated by at least 20 feet from the principal building and all other structures on the subject property and adjoining lots.
(6) A detached accessory dwelling unit cannot be subdivided from the single-family dwelling and the accessory dwelling unit shall be owned by the same person that owns the single-family dwelling.
(7) No accessory dwelling units are allowed on the same lot as two-family or multi-family dwelling units.
(8) Accessory dwelling units must comply with all requirements of Albemarle Regional Health Services, Environmental Health Division and the NC State Building Code.
(9) Manufactured homes shall not be used as an accessory dwelling unit.
(C) Note 3. Automobile/Boat Repair and Automobile Towing/Storage. Automobile/boat repair may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the district and provided:
(1) All new sites shall be no less than 43,000 square feet in size;
(2) Structures shall have minimum side and rear yards of 30 feet and a minimum front yard of 40 feet; and
(3) All storage of wrecked or inoperable vehicles shall be enclosed by a six-foot high opaque fence.
(4) No wrecked or inoperable vehicles may be stored for more than 120 days from the date the vehicle is accepted for repair.
(D) Note 4. Storage of flammables. The storage of flammables shall not be permitted or considered a use-by-right except in an Industrial District and when such authorization for said use is given by the Pasquotank County Fire Marshall relative to compliance of proposed storage facilities with State and Pasquotank County fire regulations.
(E) Note 5. Home occupation.
(1) Home occupations are permitted only as an incidental use and are limited to the following:
(a) The office or studio of a physician, artist (not inclusive of a studio of a commercial photographer), general or trades contractor, musician, insurance agent, lawyer, real estate broker, teacher or other like professional person residing on the premises, provide no chattels or goods, wares or merchandise are commercially created, displayed, exchanged or sold;
(b) Workshops that do not employ individuals outside the immediate household;
(c) Customary home occupations such as millinery, dressmaking, laundering or pressing and tailoring conducted by a person residing on the premises;
(d) Rooming and/or boarding of not more than three persons; for which a rent is charged;
(e) Single operator beauty shop or barber shop; and
(2) Provided furthermore the home occupations listed above shall be permitted subject to the following limitations:
(a) No display of products;
(b) No mechanical equipment shall be installed or used except such that is normally used for domestic or professional purposes and which does not cause noises or interference in radio and television reception;
(c) No commercial accessory buildings or outside storage shall be used in connection with the home occupation;
(d) Not over 25% of the total floor area or 500 square feet of the principal residence, whichever is greater shall be used for a home occupation;
(e) Only residents of the dwelling may be engaged in the home occupation except any physician, dentist or other professional licensed by the State of North Carolina shall be allowed to have one nurse or assistant who is not a resident of the dwelling.
(F) Note 6. Industries. The following industrial uses shall not be allowed:
(1) The manufacturing, processing, fabrication and/or bulk storage of acetylene gas (except for use on premises), ammunition, explosives, fireworks, gunpowder, junk or matches;
(2) The manufacturing, processing fabrication of acids (except non-corrosive acids), ammonia, ammonium nitrate, animal by-products, bleaching powder, cellulose, chlorine, reosote and reosote treatment, detergents, enamels, lacquers, "lime", linoleum, oil cloth, paints, paper pulp, pigments, lime plastic, rubber (except tire recappers), soaps, tannery products, turpentine, varnishes, whiting and/or wood fillers. The fabrication of plastic is exempt from this prohibition.
(G) Note 7. Kennel operations. If the rear lot lines or side lot lines of a kennel operation, which is permitted in the C-1 Commercial District directly abuts a residential district or a lot used for residential purposes, then such operation shall be completely enclosed within a building except for outside runs. Animals shall not be stored outside overnight.
(H) Note 8. Retail outlets in the industrial districts. Limited retail outlets may be developed in conjunction with certain industries whereby products sold are limited to those produced on the premises. As a permitted use, such retail space shall be limited to a maximum of 25% of the gross floor space of the principal manufacturing facility.
(I) Note 9. Overnight camping trailer. The use of an overnight camping trailer as a permanent residence shall be specifically prohibited. The use of an overnight camping trailer as a temporary residence outside of a travel trailer park shall be specifically prohibited.
(J) Note 10. Private airstrips. Private airstrips are permitted as an accessory use as listed in the Table of Permitted Uses. In addition, they shall meet the following requirements:
(1) The sides of the airstrip shall be located a minimum of 600 feet from all property lines.
(2) The ends of the airstrip shall be located a minimum of 1,200 feet from all property lines.
(3) One structure may be constructed for storage of planes. The structure cannot be used or rented for storage of planes that do not belong to the property owner or lessee.
(K) Note 11. Screening.
(1) Screening shall be provided to buffer utility facilities from surrounding uses. Screening shall be located along the outer perimeter of the lot or parcel or surround the portion of the parcel being utilized for a utility facility with the exception of an entrance with a maximum width of 30 feet. The site may be serviced by two entrances. Screening shall not impede sight lines at intersections.
(2) Screening shall consist of a densely planted and maintained vegetative buffer. Planted vegetation shall reach a minimum height of eight feet within three years. Vegetation existing on the site at the time of development may be substituted for and satisfy some of these requirements providing that it substantially fulfills the purposes of this section.
(3) All trees, shrubs and other plant materials are to be maintained on a continuing basis. Such maintenance shall include pruning, mowing, weeding, mulching, fertilizing, and watering as required to maintain a good appearance and growing conditions. Diseased plant materials shall be treated or removed immediately. Dead or diseased plant materials which are removed shall be replaced within one growing season.
(L) Note 12. Temporary sales office.
(1) Structure shall meet setback requirements applicable to permanent buildings within the zoning district where such temporary sales office is located.
(2) Structure shall not be used for residential purposes. No sleeping quarters shall be provided.
(3) Lighting shall be shielded so as not interfere with adjoining property owners or traffic traveling the public highways.
(4) Signs identifying the business may be attached to the structure. In addition, one stand-alone sign not to exceed three feet by three feet (printed area) may be located on the site.
(5) Parking requirements shall be met in accordance with § 157.150 "Off-Street Parking and Off-Street Loading Requirements".
(6) Landscaping shall consist of trees or shrubbery in front of the temporary sales office with grass established throughout the lot boundaries. A landscape plan shall be submitted in conjunction with the building permit application. Landscaping shall be established prior to a certificate of occupancy/compliance being issued by the Building Inspector. If weather conditions are not prudent for planting landscaping the zoning enforcement officer may provide additional time for planting.
(7) Zoning permits issued by the Zoning Administrator or his designee for the temporary sales office shall be valid for 12 months and may be renewed for additional 12 month increments providing the building and grounds are being maintained and used in conformity with this section.
(8) The temporary sales office shall be removed from the site upon the sale and transfer of 95% of the lots within the development unless the temporary sales office is on-site construction and a building permit is obtained to convert the structure to a residence meeting North Carolina State Building Codes.
(9) Failure to maintain compliance with these regulations will result in a notice by the Zoning Enforcement Officer to correct violations within 30 days. Failure to correct violations will result in an order to remove the temporary sales office within 15 days.
(M) Note 13. Research & design, fused recycled glass.
(1) No outdoor storage of raw materials will be permitted. Raw materials shall be contained and covered (ex. silos, receiving hopper, etc.).
(2) Outdoor storage of finished test products prior to shipment is permitted on a temporary basis provided it is in an enclosed fenced area.
(3) All equipment shall be stored internally.
(4) Finished products may be located outside for the purpose of testing (ex. exposure and ultraviolet light impact). Product shall be located in an area enclosed by fence.
(5) No product emissions will be permitted.
(N) Note 14. Residential (non-commercial) boat/rv storage. The facility shall be:
(1) Within or adjacent to the development,
(2) Enclosed with security fencing,
(3) Paved or concrete surface,
(4) Maintained at all times to keep free of litter and nuisance grass, and
(5) Separated from adjoining residential uses by a minimum 30-foot buffer. Buffer may be reduced to 20 feet if the area is landscaped. Buffer width in all instances shall not be less than designated drainage easements. (Fencing and landscaping are not permitted within drainage easements per § 157.121 Note 3, (3).)
(O) Note 15. Temporary Family Health Care Structure.
(1) A temporary family health care structure used for providing care for a mentally or physically impaired person on property occupied by a caregiver shall be considered a permitted accessory use in the zoning districts indicated within the Table of Permitted Uses.
(2) Only one temporary family health care structure shall be allowed on a lot or parcel of land. Temporary family health care structures shall comply with all setback requirements that apply to the primary residence.
(3) A temporary family health care structure shall be 300 gross square feet or less and not installed on a permanent foundation. In addition, it shall be connected to water, septic, and electric utilities serving the lot and shall comply with all applicable State Building Codes.
(4) Temporary family health care structures installed pursuant to this section shall be removed within 60 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.
(Ord. passed 6-21-2021)