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§ 94.43 TEMPORARY HEALTH CARE STRUCTURES.
   (A)   The Village shall consider a temporary family health care structure as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings if it is used by:
      (1)   A caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver as the caregiver’s residence; or
      (2)   An individual who is the named legal guardian of the mentally or physically impaired person.
   (B)   Only one temporary family health care structure shall be allowed on a lot or parcel of land.
   (C)   Temporary health care structures shall be allowed consistent with the requirements in G.S. § 160D-915.
(Ord., passed 6-23-21)
§ 94.44 MINIMUM STANDARDS.
   Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation and every outbuilding shall comply with all of the following minimum standards:
   (A)   Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, and shall not be rotted, deteriorated or damaged, and shall not have holes or cracks that might admit rodents.
   (B)   Floors and roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.
   (C)   Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged.
   (D)   Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse.
   (E)   The roof, flashings, exterior walls, basement walls, floors and all doors and windows exposed to the weather shall be constructed and maintained so as to be weather and watertight.
   (F)   Exterior foundation, walls and roofs. Every foundation wall, exterior wall and exterior roof shall be substantially weathertight and rodent-proof; shall be kept in sound condition and good repair; shall be capable of affording privacy; shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather.
   (G)   Windows and doors. Every window, exterior door, basement or cellar door, and hatchway shall be substantially weathertight, watertight and rodent-proof; and shall be kept in sound working condition and good repair.
(Ord., passed 12-8-21)
DISTRICT REGULATIONS
§ 94.50 PERMITTED USES.
   Within the districts indicated on the zoning map, no building or land shall be used, and no building shall be erected or altered which is intended or designed to be used in whole or in part, for any use other than those listed as permitted by right or conditionally. Any use not specifically permitted is prohibited.
   Official Note: The Village of Walnut Creek encourages discussion with the Zoning Enforcement Officer in either new construction or major modifications in order that the process is facilitated in a mutually satisfactory manner. Informal discussions are therefore invited in advance of submitting final construction plans to the Zoning Enforcement Officer and/or Planning Board.
(Ord., passed 2-22-79; Am. Ord., passed 6-27-12)
§ 94.51 R-35 RESIDENTIAL DISTRICT.
   This district is intended to be a quiet, low density neighborhood consisting of residences for the privacy and convenience of the residents.
   (A)   Permitted uses. Single-family detached dwellings.
   (B)   Dimensional requirements and design standards. Within the R-35 Residential district as shown on the zoning map, the following dimensional requirements and design standards shall be complied with.
      (1)   Thirty-five thousand square feet minimum lot area per dwelling unit.
      (2)   Minimum required lot width at building set back line shall be 140 feet except that on corner lots, the minimum required lot width at the required building set back shall be 150 feet.
      (3)   Minimum required front yard is 30% of mean lot depth.
      (4)   Minimum required for each side yard for the principal building shall be at least 15% of lot width at building set back line, but not less than 20 feet; except that, on corner lots, the minimum required for each side yard adjacent to the street shall be at least 15% of lot width at building setback line but not less than 40 feet.
      (5)   Minimum required rear yard shall be 20% of the mean lot depth.
      (6)   Maximum permissible lot coverage by all buildings shall not exceed 20% of the total lot area.
      (7)   Height of buildings shall not exceed three stories. Provided, however, for the purpose of this section, a basement shall not be counted as a story.
      (8)   Accessory buildings shall not be erected in any required front or side yard, or within 20 feet of any street or highway line, or within ten feet of any lot line not a street or highway line. An accessory building or use may be located in a rear yard, provided it is located not less than ten feet from any property line; provided, however, nothing herein shall prohibit the erection of a wall, fence or sprinkler system in a required front or side yard so long as such wall, fence or sprinkler system meets all of the requirements of this chapter.
      (9)   All fuel oil tanks shall be buried or placed in the basement of the dwelling house.
      (10)   No fence, wall, barricade, solid row shrubbery planting, or other view retarding structure of any type shall be erected or allowed to remain on any lot which does not conform to the following requirements:
         (a)   A maximum height of three and a half feet high in the front yard (between the minimum building setback line and the street),
         (b)   Chain link fences and fences made of any type of wire material, are specifically prohibited from being erected between the street and the minimum setback line.
         (c)   No fence or planting of any type or kind shall be permitted in the street right-of-way.
      (11)   No lots or lots or parts thereof shall be used as a right-of-way or street providing ingress or egress over, across or into property in the village from adjoining property that is located outside of the village without the express approval of the Village Council.
      (12)   The construction of piers, docks, boathouses or other structures on lots or extended over water areas adjacent to lots shall not be permitted, except as provided for in § 94.42.
      (13)   No house trailer, mobile home, basement (unless basement is part of the dwelling erected at the same time the dwelling is erected), tent, shack, barn, or modular unit including a modular unit for use as an outbuilding or accessory building shall be erected, placed or stored on any property within the village. Outbuildings that enhance the beauty of the overall permanent landscaping and blend with the permanent home structure may be built upon issuance of a special use permit from the Village Council. Before issuing a special use permit, the Village Council shall review the design for the proposed outbuilding or storage facility submitted by the property owner to ensure compliance with this chapter. All boats, trailers, and campers, shall be stored behind the minimum front building setback line for each lot as defined in § 93.48 . Nothing herein shall prohibit the construction of a dog house that is in compliance with this chapter.
      (14)   Outdoor garbage cans shall be of the underground type or concealed with plantings or wall structure.
      (15)   No lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept upon any lot that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding property. Owners of vacant lots shall be required to keep undesirable undergrowth from accumulating on their lot to such a degree that it would be objectionable to the adjoining neighbors or the neighborhood in general.
      (16)   Notwithstanding the provisions of division (B)(10) of this section, one dog pen shall be permitted on each lot so long as such dog pen meets the following requirements:
         (a)   One chain link fenced enclosure may be erected to a maximum of six feet in height in the rear yard. The enclosed area may not exceed 504 square feet and may be internally divided to separate individual animals.
         (b)   Such enclosure shall not be closer than 20 feet from any side lot line and not closer than ten feet from the back lot line of the property on which such pen is erected.
         (c)   A chain link restraining cover shall be permitted so as to prevent dogs from jumping out of the enclosure.
         (d)   The pen shall at all times be kept sanitary, odorless and noise-free.
   (C)   No above ground swimming pool shall be constructed, erected, placed or stored on any lot.
   (D)   Special use. The following use is permitted if the Village Council issues a special use permit allowing it in accordance with the requirements in § 94.58 :
      (1)   The excavation of more than 200 cubic yards or the addition of more than 200 cubic yards of dirt, soil, earth or other fill material.
      (2)   Outbuildings that will be in harmony with the character of the neighborhood and the village, and enhance the beauty of the overall permanent landscaping and blend with the permanent home structure, provided however, in considering the issuance of a special use permit the Village Council may not consider building design elements as defined in G.S. § 160D-702 but may consider the height, bulk, orientation or location on the lot, the use of buffering or screening to minimize visual impacts or to mitigate the impacts of light and noise or to protect privacy of neighbors.    
(Ord., passed 2-22-79; Am. Ord., passed 8-28-86; Am. Ord., passed 6-28-89; Am. Ord., passed 2-27-91; Am. Ord., passed 1-25-95; Am. Ord., passed 6-28-95; Am. Ord., passed 9-27-95; Am. Ord., passed 12- 10-97; Am. Ord., passed 2-18-01; Am. Ord., passed 1-22-03; Am. Ord., passed 2-23-05; Am. Ord., passed 6-27-12; Am. Ord., passed 12-12-12; Am. Ord., passed 6-23-21; Am. Ord., passed 12-8-21) Penalty, see § 94.99
§ 94.51a R-30 RESIDENTIAL DISTRICT.
   (A)   Permitted uses. Single-family detached dwellings.
   (B)   Dimensional requirements and design standards. Within the R-30 Residential district as shown on the zoning map, the following dimensional requirements and design standards shall be complied with.
      (1)   Thirty thousand square feet minimum lot area per dwelling unit.
      (2)   Minimum required lot width at building set back shall be 130 feet except that on corner lots, the minimum required lot width at the required building set back shall be 150 feet.
      (3)   Minimum required front yard is 30% of mean lot depth.
      (4)   Minimum required for each side yard for the principal building shall be at least 15% of lot width at building setback line, but not less than 20 feet; except that, on corner lots, the minimum required for each side yard adjacent to the street shall be at least 15% of lot width at building setback line but not less than 40 feet.
      (5)   Minimum required rear yard shall be 20% of the mean lot depth.
      (6)   Maximum permissible lot coverage by all buildings shall not exceed 20% of the total lot area.
      (7)   Height of buildings shall not exceed three stories. Provided, however, for the purpose of this section, a basement shall not be counted as a story.
      (8)   Accessory buildings shall not be erected in any required front or side yard, or within 20 feet of any street or highway line, or within 10 feet of any lot line not a street or highway line. An accessory building or use may be located in a rear yard, provided it is located not less than 10 feet from any property line; provided, however, nothing herein shall prohibit the erection of a wall, fence or sprinkler system in a required front or side yard so long as such wall, fence or sprinkler system meets all of the requirements of this chapter.
      (9)   All fuel oil tanks shall be buried or placed in the basement of the dwelling house.
      (10)   No fence, wall, barricade, solid row shrubbery planting, or other view retarding structure of any type shall be erected or allowed to remain on any lot which does not conform to the following requirements:
         (a)   A maximum height of three and a half feet high in the front yard (between the minimum building setback line and the street).
         (b)   Chain link fences and fences made of any type of wire material are specifically prohibited from being erected between the street and the minimum setback line.
         (c)   No fence or planting of any type or kind shall be permitted in the street right-of-way.
      (11)   No lots or lots or parts thereof shall be used as a right-of-way or street providing ingress or egress over, across or into property in the village from adjoining property that is located outside of the village without the express approval of the Village Council.
      (12)   The construction of piers, docks, boathouses or other structures on lots or extended over water areas adjacent to lots shall not be permitted, except as provided for in § 94.42.
      (13)   No house trailer, mobile home, basement (unless basement is part of the dwelling erected at the same time the dwelling is erected), tent, shack, barn, or modular unit including a modular unit for use as an outbuilding or accessory building shall be erected, placed or stored on any property within the village. Outbuildings that enhance the beauty of the overall permanent landscaping and blend with the permanent home structure may be built upon issuance of a special use permit from the Village Council. Before issuing a special use permit, the Village Council shall review the design for the proposed outbuilding or storage facility submitted by the property owner to ensure compliance with this chapter. All boats, trailers and campers, shall be stored behind the minimum front building setback line for each lot as defined in § 93.48 . Nothing herein shall prohibit the construction of a dog house that is in compliance with this chapter.
      (14)   Outdoor garbage cans shall be of the underground type or concealed with plantings or wall structure.
      (15)   No lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept upon any lot that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding property. Owners of vacant lots shall be required to keep undesirable undergrowth from accumulating on their lot to such a degree that it would be objectionable to the adjoining neighbors or the neighborhood in general.
      (16)   Notwithstanding the provisions of division (B)(10) of this section, one dog pen shall be permitted on each lot so long as such dog pen meets the following requirements:
         (a)   One chain link fenced enclosure may be erected to a maximum of six feet in height in the rear yard. The enclosed area may not exceed 504 square feet and may be internally divided to separate individual animals.
         (b)   Such enclosure shall not be closer than 20 feet from any lot line and not closer than ten feet from the back lot line of the property on which such pen is erected.
         (c)   A chain link restraining cover shall be permitted so as to prevent dogs from jumping out of the enclosure.
         (d)   The pen shall at all times be kept sanitary, odorless and noise-free.
   (C)   No above ground swimming pool shall be constructed, erected, placed or stored on any lot.
   (D)   Special use. The following use is permitted if the Village Council issues a special use permit allowing it in accordance with the requirements in § 94.58 :
      (1)   The excavation of more than 200 cubic yards, or addition of more than 200 cubic yards of dirt, soil, earth, or other fill material.
      (2)   Outbuildings that will be in harmony with the character of the neighborhood and the village, and enhance the beauty of the overall permanent landscaping and blend with the permanent home structure, provided however, in considering the issuance of a special use permit the Village Council may not consider building design elements as defined in G.S. § 160D-702 but may consider the height, bulk, orientation or location on the lot, the use of buffering or screening to minimize visual impacts or to mitigate impacts of light and noise or to protect privacy of neighbors.
(Ord., passed 6-28-95; Am. Ord., passed 9-27-95; Am. Ord., passed 12-10-97; Am. Ord., passed 2-18-01; Am. Ord., passed 1-22-03; Am. Ord., passed 2-23-05; Am. Ord., passed 6-27-12; Am. Ord., passed 12- 12-12; Am. Ord., passed 6-23-21; Am. Ord., passed 12-8-21) Penalty, see § 94.99
§ 94.52 R-25 RESIDENTIAL DISTRICT.
   This district is intended to be a quiet, low density neighborhood consisting of residences for the privacy and convenience of the residents.
   (A)   Permitted uses. All uses permitted in the R-35 Residential District.
   (B)   Dimensional requirements and design standards. Within the R- 25 Residential district as shown on the zoning map, the following dimensional requirements and design standards shall be complied with.
   (C)   Twenty-five thousand square feet minimum lot area per dwelling unit.
   (D)   Minimum required lot width at building set back shall be 120 feet except that on corner lots, the minimum required lot width at the required building set back shall be 140 feet.
   (E)   Minimum required front yard is 30% of mean lot depth.
   (F)   Minimum required for each side yard for the principal building shall be at least 15% of lot width at building set back, but not less than 20 feet; except that on corner lots, the minimum required for each side yard adjacent to the street shall be at least 15% of the lot width at building set back but not less than 30 feet.
   (G)   Minimum required rear yard shall be 20% of the mean lot depth.
   (H)   Maximum permissible lot coverage by all buildings shall not exceed 20% of the total lot area.
   (I)   Height of buildings shall not exceed three stories. Provided, however, for the purpose of this section, a basement shall not be counted as a story.
   (J)   Accessory buildings shall not be erected in any required front or side yard of within 20 feet of any street or highway line or within ten feet of any lot line not a street or highway line. An accessory building or use may be located in a rear yard provided it is located not less than ten feet from any property line, provided, however, nothing herein shall prohibit the erection of a wall, fence or sprinkler system in a required front or side yard so long as such wall, fence or sprinkler system meets all of the requirements of this chapter.
   (K)   All fuel oil tanks shall be buried or placed in the basement of the dwelling house.
   (L)   No fence, wall, barricade, solid row shrubbery planting, or other view retarding structure of any type shall be erected or allowed to remain on any lot which does not conform to the following requirements:
      (1)   A maximum height of three and a half feet high in the front yard (between the minimum building setback line and the street).
      (2)   Chain link fences and fences made of any type of wire material, are specifically prohibited from being erected between the street and the minimum setback line.
      (3)   No fence or planting of any type or kind shall be permitted in the street right-of-way.
   (M)   No lot or lots or parts thereof shall be used as a right-of- way or street providing ingress or egress over, across or into property in the village from adjoining property that is located outside of the village without the express approval of the Village Council.
   (N)   The construction of piers, docks, boat houses or other structures on lots or extended over water areas adjacent to lots shall not be permitted.
   (O)   No house trailer, mobile home, basement (unless basement is part of the dwelling erected at the same time the dwelling is erected), tent, shack, modular unit including a modular unit for use as an outbuilding or accessory building, or barn shall be erected, placed or stored on any property within the village. Outbuildings that enhance the beauty of the overall permanent landscaping and blend with the permanent home structure may be built upon issuance of a special use permit from the Village Council. Before issuing a special use permit, the Village Council shall review the design for the proposed outbuilding or storage facility submitted by the property owner to ensure compliance with this chapter. All boats, trailers, and campers, shall be stored behind the minimum front building setback line for each lot as defined § 93.48. Nothing herein shall prohibit the construction of a dog house that is in compliance with this chapter.
   (P)   Outdoor garbage cans shall be of the underground type or concealed with plantings or wall structure.
   (Q)   No lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept upon any lot that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding property. Owners of vacant lots shall be required to keep undesirable undergrowth from accumulating on their lot to such a degree that it would be objectionable to the adjoining neighbors or the neighborhood in general.
   (R)   No above ground swimming pool shall be constructed, erected, placed or stored on any lot.
   (S)   Notwithstanding the provisions of division (1) above, one dog pen shall be permitted on each lot so long as such dog pen meets the following requirements:
      (1)   One chain link fenced enclosure may be erected to a maximum of six feet in height in the rear yard. The enclosed area may not exceed 504 square feet and may be internally divided to separate individual animals.
      (2)   Such enclosure shall not be closer than 20 feet from any side lot line and not closer than ten feet from the back lot line of the property on which such pen is erected.
      (3)   A chain link restraining cover shall be permitted so as to prevent dogs from jumping out of the enclosure.
      (4)   The pen shall at all times be kept sanitary, odorless and noise-free.
   (T)   Special use. The following use is permitted if the Village Council issues a special use permit allowing it in accordance with the requirements in § 94.58 :
      (1)   The excavation of more than 200 cubic yards, or addition of more than 200 cubic yards of dirt, soil, earth or other fill material.
      (2)   Outbuildings that will be in harmony with the character of the neighborhood and the village, and enhance the beauty of the overall permanent landscaping and blend with the permanent home structure, provided however, in considering the issuance of a special use permit the Village Council may not consider building design elements as defined in G.S. § 160D-702 but may consider the height, bulk, orientation or location on the lot, the use of buffering or screening to minimize visual impacts or to mitigate impacts of light and noise or to protect privacy of neighbors.
(Ord., passed 2-22-79; Am. Ord., passed 7-19-79; Am. Ord., passed 8-28-86; Am. Ord., passed 2-27-91; Am. Ord., passed 1-25-95; Am. Ord., passed 12-10-97; Am. Ord., passed 3-23-99; Am. Ord., passed 2- 18-01; Am. Ord., passed 1-22-03; Am. Ord., passed 6-27-12; Am. Ord., passed 12-12-12; Am. Ord., passed 6-23-21; Am. Ord., passed 12-8-21) Penalty, see § 94.99
§ 94.53 INSTITUTIONAL AND GOVERNMENT DISTRICT (I-G DISTRICT).
   This district is intended for necessary government facilities and for public-service improvements.
   (A)   Permitted uses. Governmental administrative buildings. Police and fire stations. Post office. Libraries. Schools. Churches. Public Recreational facilities. Maintenance, repair and storage facilities. Public utility facilities.
   (B)   Special uses. None.
(Ord., passed 2-22-79; Am. Ord., passed 12-1-10; Am. Ord., passed 6-23-21) Penalty, see § 94.99
§ 94.54 OPEN AREA DISTRICT (OA DISTRICT).
   This district is intended to preserve the natural environment of land and water areas, and to provide for recreation.
   (A)   Permitted uses. Natural, undisturbed areas. Park and preserves. Lakes.
   (B)   Special uses. The following uses are permitted if the Village Council issues a special use permit allowing them in accordance with the requirements in § 94.58: Public or private, non- profit:
      (1)   Country club facilities.
      (2)   Tennis courts and athletic fields.
      (3)   Golf courses.
   (C)   Dimensional requirements. Yard, setback, lot size, type and size of improvements, height, and frontage requirements may be waived for the Open Area District, provided that the Board of Adjustment determines that the spirit and intent of this section are complied with.
   (D)   Site plan approval required. The procedure for approval of improvements or change to areas within this District shall consist of submission of a design plan to the Planning Board for study and recommendation. Recommendations shall be submitted for final approval to the Village Council.
   (E)   Conditional use. The excavation of more than 25 cubic yards, or addition of more than 25 cubic yards of dirt, soil, earth or other fill material.
(Ord., passed 2-22-79; Am. Ord., passed 2-18-01; Am. Ord., passed 6-23-21)
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