Loading...
ZONE REGULATIONS
§ 153.015  ZONES AND BOUNDARIES.
   (A)   In order to regulate and limit the height and size of buildings; to regulate and limit the intensity of the use of lot areas; to regulate and determine the areas of open spaces surrounding buildings; to classify, regulate and restrict the location of trades and industries; and the location of buildings designed for specified industrial, business, residential and other uses of the town, the town is hereby divided into zones, of which there shall be nine, known as:
      (1)   R8 Residential Zone;
      (2)   R6 Residential Zone;
      (3)   R5 Residential Zone;
      (4)   R4 Residential Zone;
      (5)   RA20 Residential-Agricultural Zone;
      (6)   Community Shopping Zone;
      (7)   Business Zone;
      (8)   Industrial Zone; and
      (9)   Flood Zone A.
   (B)   The boundaries of the zones are shown upon the map or maps accompanying this chapter and made a part hereof.  The zoning map or maps and all the notations, references and all amendments thereto and other information shown thereon are hereby made a part of this chapter the same as if such information set forth on the map or maps were all fully described and set out herein.  The zoning map or maps properly attested are on file in the office of the Town Clerk and are available for inspection by the public.  In the creation, by this chapter, of the respective zones, the Board of Commissioners has given due and careful consideration to the peculiar suitability of each and every such zone for the particular regulations applied thereto and the necessary, proper and comprehensive groupings and arrangements of the various uses and densities of population in accordance with a well considered plan for the development of the town.
   (C)   The boundaries of such zones as are shown upon the map adopted by this chapter are hereby adopted and the provisions of this chapter governing the use of land and buildings, the height of buildings, building site areas, the sizes of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every zone shown upon said map.
      (1)   All zones shall be mutually exclusive except for the Flood Zone. The Flood Zone is that area subject to flooding which may occur in any of the other eight zones and which is shown on the separate map properly attested on file in the office of the Town Clerk.
      (2)   Where uncertainty exists as to boundaries of any zone shown on said map, the following rules shall apply.
         (a)   Where  such zone boundaries are  indicated as approximately following street lines, alley lines and lot lines, such lines shall be construed to be such boundaries.
         (b)   In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions,  shall be determined by use of the scale appearing on the map.
         (c)   In case any further uncertainty exists, the Board of Adjustment shall interpret the intent of the map as to location of such boundaries.
         (d)   Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.
   (D)   Except as hereinafter provided, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all the zone regulations established by this chapter for the zone in which the building or land is located.
      (1)   The minimum yards and other open spaces including the intensity of use provisions contained in this chapter for each and every building hereinafter erected or structurally altered, shall not be encroached upon or considered as yard or open space requirements or intensity of use requirements for any other building.
      (2)   Every building hereafter erected or structurally altered shall be located on a lot and in no case shall there be more than one main building and the customary accessory buildings on the lot.
      (3)   Every lot to be built upon shall abut a public street or other public way and no dwelling shall be built upon a lot which does not abut a public street or other public way.
(1993 Code, § 91.015)
§ 153.016  R8 RESIDENTIAL ZONE.
   In this zone, a building or land shall be used only for one or more of the following purposes.
   (A)   Uses permitted.
      (1)   Single-family dwellings, excluding mobile homes and mobile home parks;
      (2)   Public primary and secondary schools and private schools having the same or similar curriculum as ordinarily given in the public schools;
      (3)   Hospitals, except animal hospitals, operated for the treatment of chronic alcoholics, the insane, infectious diseases or narcotic patients;
      (4)   Churches and church bulletin board,  lighted or unlighted, not exceeding four square feet in area;
      (5)   Municipally owned parks,  playgrounds and recreation centers; parks, playgrounds and recreation centers owned and operated by nonprofit civic organizations;
      (6)   Golf, swimming, tennis and other private clubs not open to the general public and operated for the mutual recreation of members and not operated as a business for profit. Provided, however, that any swimming or tennis club is located on a parcel of land not less than one acre in size;
      (7)   Accessory uses and buildings customarily or necessarily incident to any of the above specified uses, including a private garage or servants’ quarters, private swimming pool and noncommercial truck garden. An accessory use shall be situated on the same lot or premises as the primary use to which it is accessory; and
      (8)   Home occupation as defined in § 153.002.
   (B)   Building height limit. No structure shall exceed 35 feet in height unless the depth of front and total width of side yards required herein shall be increased five feet for each ten feet or fraction thereof, of building height in excess of 35 feet.
   (C)   Building site area required, residences. The minimum building site area shall be one lot or parcel of land 8,000 square feet in area for each main building. Such parcel of land shall have an average width of at least 75 feet.  When a lot or parcel of land has an area of less than the above required minimum area and width and was of record at the time of passage of this chapter, said lot may be occupied by one family; provided, however, that the minimum side, front and rear yard requirements set out in this section are conformed to.
   (D)   Front yard required.
      (1)   There shall be a front yard having a depth of not less than 35 feet measured from the front property line to the front line of the main building.  Where lots comprising 25% or more of the frontage on the same street within the block are already developed, an average front yard shall be computed for the existing buildings. No building hereafter erected or structurally altered shall project beyond the average front yard so established, provided this regulation shall not be so construed as to require a front yard depth of more than 35 feet. Provided, further, no front yard depth need exceed the average provided for the two adjoining buildings, one on either side thereof, if such two adjoining buildings  are less  than 200 feet apart. Provided, further, that when the geographic grade or contour of the lot is such that compliance with this section is impossible or will impose an undue hardship upon the property owner, the Board of Adjustment will establish a front yard depth suitable and practical for such lot.
      (2)   Where lots have a double frontage, the required front yard shall be provided on both streets.
   (E)   Side yard required. There shall be a side yard on each side of the main building having a width of not less than ten feet and the total width of such two side yards shall not be less than 20 feet.
   (F)   Corner lots. On corner lots, the side yard regulations shall apply to the street side of the lot except in the case where the corner lot faces an intersecting street.  In this case, there shall be a side yard on the street side of the corner lot of not less than 50% of the front yard required on lots in the rear of such corner lot and no accessory building on said corner lot shall extend beyond the front yard line of the lots in the rear; provided, further, that this regulation shall not be so interpreted as to reduce the building width of a corner lot facing an intersecting street and as of record at the time of the passage of this chapter to less than 28 feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with.
   (G)   Signs. A billboard, signboard or advertising sign shall in no case be permitted as an accessory use.  The placing of a “for sale” or “for rent” sign not exceeding four square feet in area shall, however, be permitted.  Signs not exceeding one square foot in area shall be permitted in connection with a home occupation as defined in § 153.002.
(1993 Code, § 91.016)  Penalty, see § 153.999
§ 153.017  R6 RESIDENTIAL ZONE.
   In this zone, a building or land shall be used only for one or more of the following purposes:
   (A)   Uses permitted.
      (1)   Any use permitted in the R8 Residential Zone;
      (2)   Modular homes;
      (3)   Multi-family dwellings, excluding mobile homes and mobile home parks;
      (4)   Guest houses and boarding houses;
      (5)   Nursing homes, convalescent homes and homes for the aged;
      (6)   Public and private cemeteries;
      (7)   Accessory buildings and uses customarily incident to any of the above permitted uses; and
      (8)   Notwithstanding the prohibition above against the sale of merchandise or commodities as a part of a home occupation, in the R6 Residential Zone, a greenhouse may be maintained for the purpose of growing and selling plants, subject to the following restrictions.
         (a)   The square footage of the greenhouse shall not exceed 504 square feet.
         (b)   Sales shall be limited to plants  grown and propagated in the greenhouse and shall not be used for the purpose of selling plants grown or propagated at other sites.
         (c)   Sales from the greenhouse shall not exceed the annual gross amount of $5,000. The owner of the greenhouse shall file with the Town Clerk a sworn affidavit on February is in each year setting forth the gross sales for the previous calendar year.
         (d)   The greenhouse must be located on the lot where the owner’s house is situated.
         (e)   The greenhouse shall be located on the lot in such a manner as to not distract from the overall appearance of the neighborhood and shall be maintained by the owners in neat and orderly fashion.
         (f)   Violation of any provision herein shall constitute grounds for prohibition of further sales from the greenhouse as well as all other criminal and civil penalties provided by the zoning ordinance. A false gross sales affidavit shall also constitute grounds for prohibition of further sales as well as other criminal and civil penalties as provided by law.
   (B)   Building height limit. No structure shall exceed 35 feet in height unless the depth of front and total width of side yards required herein shall be increased five feet for each story,  or fraction thereof, of building height in excess of 35 feet.
   (C)   Building  site  area  required  for  one-  and  two-family residences.  The minimum building site area shall be one lot or parcel of land 6,000 square feet in area for each main building. Such parcel of land shall have an average width of at least 60 feet at the front building line.  When a lot or parcel of land has an area of less than the above required minimum area and width and was of record at the time of passage of this chapter, said lot may be occupied by one family; provided, however, that the minimum side and front yard requirements set out in this section are conformed to provided, however, that duplexes or other multi-dwelling units shall, in addition to the above area requirements, increase the minimum building site area as follows: for each additional family unit in excess of the first family unit, 3,000 square feet per family, in addition to the 6,000 square feet required above.
   (D)   Front yard required.
      (1)   There shall be a front yard having a depth of not less than 25 feet measured from the front property line to the front line of the main building.  Where lots comprising 25% or more of the frontage on the same street within the block are already developed, an average front yard shall be computed for the existing buildings. No buildings hereafter erected or structurally altered shall project beyond the average front yard so established, provided this regulation shall not be so construed as to require a front yard depth of more than 25 feet provided,  further, no front yard depth need exceed the average provided for the two adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart. Provided, further, that when the geographic grade or contour of a lot is such that compliance with this section is impossible or will impose an undue hardship upon the property owner, the Board of Adjustment will establish a front yard depth suitable and practical for such lot.
      (2)   Where lots have a double frontage, the required front yard shall be provided on both streets.
   (E)   Side yard required.  There shall be a side yard on each side of the main building having a width of not less than eight feet and the total width of the side yards shall not be less than 16 feet.  No accessory building on a corner lot shall extend beyond the front yard line of the lots in rear thereof; provided,  further,  that this regulation shall not be so interpreted as to reduce the building width of a corner lot facing an intersecting street and as of record at the time of the passage of this chapter to less than 28 feet, nor to prohibit the erection of an accessory building where this regulation cannot be complied with.
   (F)   Signs. A billboard, signboard or advertising sign shall in no case be permitted as an accessory use.  The placing of a “for sale” or “for rent” sign not exceeding four square feet in area shall, however, be permitted. Signs not exceeding one square foot in area shall be permitted in connection with a home occupation as defined in § 153.003.
(1993 Code, § 91.017)  Penalty, see § 153.999
§ 153.018  R5 RESIDENTIAL ZONE.
   In this zone, mobile home parks or courts shall be allowed pursuant to the following regulations.
   (A)   Each mobile home space shall be at least 40 feet wide and contain at least 5,000 square feet of ground area.
   (B)   Each mobile home shall be located at least 30 feet from any other mobile home, ten feet from any other building within the mobile home park and ten feet from all property lines.
   (C)   Each mobile home shall abut upon a paved street with a right-of-way of at least 40 feet with a minimum width of 18 feet paved, which paved street shall have direct access to a public street or road.
   (D)   One automobile space shall be provided adjacent to each mobile home and one guest automobile parking space shall be provided in the mobile home park for each two mobile home spaces.
   (E)   At least 200 square feet for each mobile home space in the park shall be provided in one or more locations for recreation purposes.
   (F)   All mobile home spaces within any mobile home park or court shall be under single ownership and no lots contained therein may be for sale to others.
(1993 Code, § 91.018)  Penalty, see § 153.999
§ 153.019  R4 RESIDENTIAL ZONE.
   In this zone, mobile home parks or courts shall be allowed pursuant to the following regulations.
   (A)   If either a community water or community sewer system is provided by the developer, then each mobile home space shall be at least 15,000 square feet of ground area.
   (B)   If both a community water and a community sewer system are provided, then each mobile home space shall be at least 10,000 square feet of ground area.
   (C)   Each mobile home shall be located at least 35 feet from any other mobile home, ten feet from any other building within the mobile home park and ten feet from all property lines.
   (D)   Each mobile home shall abut upon a paved street with a right-of-way of at least 40 feet with a minimum width of 18 feet paved, which paved street shall have direct access to a public street or road.
   (E)   One automobile space shall be provided adjacent to each mobile home and one guest automobile parking space shall be provided in the mobile home park for each two mobile home spaces.
   (F)   At least 200 square feet for each mobile home space in the park shall be provided in one or more locations for recreation purposes.
   (G)   If any mobile home park or court in this residential zone shall have ten or more lots, it shall have an on-site manager.
   (H)   All mobile home spaces within any mobile home park or court shall be under single ownership and no lots contained therein may be for sale to others.
(1993 Code, § 91.019)  Penalty, see § 153.999
§ 153.020  R20 RESIDENTIAL- AGRICULTURAL ZONE.
   The purpose of this zone shall be to maintain lots of sufficient size to insure that residential development not having access to public water supplies and dependent upon septic tank systems for sewage disposal will occur at sufficiently low density to insure a healthful environment. The R20 Residential- Agricultural Zone is established as a Zone to promote a compatible mixture of single-family residential and agricultural uses in areas outside town  limits and where development is occurring. In this zone, a building or land shall be used only for one or more of the following purposes:
   (A)   Uses permitted.
      (1)   Any use permitted in the R6 Residential Zone;
      (2)   Agriculture,  including the  sale  and processing of products produced on the premises;
      (3)   Cemeteries;
      (4)   Forestry;
      (5)   Mobile home dwellings, provided that only one mobile home shall be allowed per residential lot and in no case shall a mobile home be allowed to a lot occupied by any other principal building;
      (6)   Parks and historic sites;
      (7)   Plant nurseries;
      (8)   Public safety or public utility facilities, including public sewage disposal facilities; and
      (9)   Accessory buildings and uses customarily incident to any of the above permitted uses.
   (B)   Building height limit.  No structure shall exceed 35 feet in height unless the depth of front and total width of side yards required herein shall be increased five feet for each story,  or fraction thereof, of building height in excess of 35 feet.
   (C)   Building site area required for residences.
      (1)   The minimum building site area shall be one lot or parcel of land 20,000 square feet in area for each main building. Such parcel of land shall have average width of at least 100 feet at the front building line.  When a lot or parcel of land has an area of less than the above required minimum area and width and was of record at the time of passage of this chapter, said lot may be occupied by only one family;  provided, however, that the minimum side and front yard requirements set out in this section are conformed to regardless of pre-existing lot size.
      (2)   Multiple-family dwellings may be constructed, provided that the overall site provides a minimum of 20,000 square feet per development, plus 6,000 additional square feet for each family unit in the complex.
   (D)   Front yard required.  There shall be a front yard having a depth of not less than 40 feet measured from the front of the street or road right-of-way to the front line of the main building.  Provided, that when the geographic grade or contour of a lot is such that compliance with this section is impossible or will impose an undue hardship upon the property owner,  the Board of Adjustment will establish a front yard depth suitable and practical for such lot. Where a lot fronts on two streets, the required front yard shall be provided on both streets.
   (E)   Side yard required.  There shall be a side yard on each side of the main residential building having a width of not less than 20 feet.  No accessory building shall be located nearer than ten feet to any interior lot line and shall not be located less than 40 feet from the street or road right-of-way of either street or road on corner lots.
   (F)   Residential development setbacks.
      (1)   All   residential subdivisions or individually sold residential lots shall be located a minimum of 1,000 feet from any existing livestock or poultry facility using lagoon sewage disposal facilities.  All residential subdivisions or individually sold residential lots shall be located a minimum of 500 feet from an existing livestock or poultry facility using waste disposal systems other than lagoons. 
      (2)   This prohibition shall not apply to the construction of residential dwellings as a part of or located on a farm tract, when said residential lots are not to be separately deeded from the entire farm tract.  These setbacks shall be measured from the point of the residential building nearest the facility to the edge of the facility building or lagoon that is nearest to the residential building.
   (G)   Livestock and poultry facility setbacks. Livestock or poultry facilities using lagoon sewage disposal facilities shall be located a minimum of 1,000 feet from any existing residential building located on property owned by a person or legal entity other than the owner of the livestock or poultry facility. Livestock and poultry facilities using waste disposal systems other than lagoons shall be located a minimum of 500 feet from any existing residential building located on property owned by a person or legal entity other than the owner of the livestock or poultry facility. These setbacks shall be measured from the point of the residential building nearest the facility to the edge of the facility building or lagoon that is nearest to the residential building.
   (H)   Prohibited uses and structures.
      (1)   The use of any property in this zone which would result in noise, odor, dust or chemical residues which would create or establish a nuisance or trespass. All livestock or poultry waste disposal systems of whatever type shall be operated according to guidelines established by the Agricultural Waste Management Committee, School of Agriculture and  Life Sciences, North Carolina State University in cooperation with the Soil Conservation Service;
      (2)   The commercial processing of any livestock or poultry not grown on the premises;
      (3)   The raising of livestock or poultry in open pens or ranges. All livestock and poultry shall be grown in livestock or poultry facilities with waste disposal systems set out in guidelines established by the Agricultural Waste Management Committee (or its successor) of the School of Agriculture and Life Sciences, North Carolina State University, in cooperation with the Soil Conservation Service.  Exceptions to this general rule are as follows:
         (a)   Poultry or livestock grown for personal use or consumption by residents of the tract in question;
         (b)   Livestock grazed on permanent pasture, not to exceed five head per acre of permanent pasture. Said pasture shall not be more than 100 feet from the property line; and
         (c)   Livestock temporarily grazed in corn or other grain fields, not to exceed ten head per acre.  The temporarily fenced area shall be more than 100 feet from the property line and shall not be used for more than 60 days during the months of September and January.
      (4)   All other structures and uses not specifically permitted in the above list of permitted uses.
(1993 Code, § 91.020)  Penalty, see § 153.999
§ 153.021  COMMUNITY SHOPPING.
   Within the Community Shopping Zone, as indicated on the zoning map, no lot, building or structure shall be used and no building or structure shall be erected which is intended or designed for any other than one or more of the following specified purposes.
   (A)   Uses permitted.
      (1)   Agriculture, including the sale, storage and processing of products;
      (2)   Auto parts and supplies, new;
      (3)   Bakeries;
      (4)   Banks and financial institutions, including loan and finance companies;
      (5)   Barber and beauty shops;
      (6)   Churches;
      (7)   Clubs and lodges;
      (8)   Convenience stores;
      (9)   Drug stores;
      (10)   Dry cleaners, laundries and laundromats;
      (11)   Electric, radio and television repair shops;
      (12)   Floral and gift shops;
      (13)   Food stores and meat markets;
      (14)   Hardware, paint and floor covering stores;
      (15)   Health and medical facilities;
      (16)   Internet cafés;
      (17)   Motels;
      (18)   Offices, business, professional and public;
      (19)   Public safety and utility facilities;
      (20)   Restaurants;
      (21)   Sale and repair of new and used automobiles and other services incident to the operation of an automobile dealership;
      (22)   Service stations; and
      (23)   Signs constructed and placed in accordance with the ordinances of the town.
   (B)   Prohibited uses and structures.
      (1)   The use of any property in this zone as a used car junkyard;
      (2)   The use of any property in this zone for the sale or storage of used motor vehicles or equipment parts; and
      (3)   All other structures and uses not specifically permitted in the above list of permitted uses.
   (C)   Area and yard regulations.
      (1)   Buildings erected in the Community Shopping Zone for dwelling purposes exclusively shall comply with the requirements of the R6 Residential Zone.
      (2)   Where a building is erected for mixed use, namely for both dwelling and shopping purposes, each story of such building used in any part for dwelling purposes shall, if more than two rooms in depth, be provided with two side yards, one on each side of the building, neither of which shall be less than six feet in width.
      (3)   There are no minimum lot requirements in this zone.
      (4)   Where a Community Shopping Zone abuts a residential district, there shall be a side or rear yard, as the case may be, of at least ten feet in width.  This yard shall be planted with evergreen trees and shrubbery to act as a buffer strip.  Maintenance shall be provided by the property owner at all times.
   (D)   Off-street parking and loading.
      (1)   Required off-street parking space shall be provided on the same lot as the use for which provided or within a distance of 300 feet from the lot provided that such parking space land is owned by the same owner as the use lot. Each application for zoning certificate shall include information as to the location and dimensions of off-street parking and loading space and the means of ingress and egress. Each automobile parking space shall not be less than 200 square feet exclusive of access drives and maneuvering space.
      (2)   For motels built within this zone, one space shall be provided for each sleeping unit and one space for each employee.
      (3)   For all other uses permitted within this zone, one space shall be provided for each 200 square feet of gross floor area of the structure.
      (4)   Every building or structure used for trade or business shall provide space for the loading and unloading of vehicles. These spaces shall be designed so that the vehicles loading and unloading shall not rest upon or across any public street right-of-way. All off-street loading spaces shall be at least 12 feet wide, 30 feet long and have an overhead clearance of 14 feet. Adequate means of ingress and egress must also be provided. Retail and wholesale establishments shall provide one off-street loading and unloading space for the first 2,500 square feet of gross floor space and one additional space for each additional 20,000 square feet of gross floor space.
(1993 Code, § 91.021)  (Ord. passed 2-6-2006; Ord. passed 12-3-2012)  Penalty, see § 153.999
Loading...