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(A) Any excavation on any lot or any addition of fill material, whether dirt, soil, or otherwise, on any lot shall conform to the ordinances of the village, the laws of the state and of the United States of America.
(B) The excavation of more than 25 cubic yards on any lot and the addition of more than 25 cubic yards of dirt, soil, earth, or other fill material shall not be undertaken in any use district until a zoning permit shall have been issued by the Zoning Enforcement Officer.
(C) Excavation of more than 200 cubic yards on any lot or the addition of more than 200 cubic yards of dirt, soil, earth, or other fill material shall not be undertaken in any use district with the issuance of a special use permit as provided in § 94.58 of this code, and not until such time as a zoning permit has been issued as provided in § 94.82.
(Ord., passed 2-18-01; Ord., passed 6-23-21)
Above ground storage tanks may be permitted subject to the following conditions and criteria:
(A) An application for the installation of an above ground storage tank shall be submitted to the Zoning Enforcement Officer and a zoning permit issued by the Zoning Enforcement Officer prior to the installation, construction or reconstruction of the above ground storage tank. Each application for installation shall be accompanied by a site plan, drawn to scale, showing accurate dimensions of the lot, and such other information as may be necessary to provide for the enforcement of this chapter, including the height, diameter, color, location, foundation details, landscaping and screening, including the plant materials and other materials to be used for screening or otherwise;
(B) No above ground storage tank shall be constructed or installed in any front yard, but shall be constructed or installed to the side or the rear of the dwelling or principal building;
(C) Not more than one above ground storage tank shall be constructed or maintained on any lot or combination of lots;
(D) Any above ground storage tank shall be effectively screened from any adjacent property including lakes and golf courses or public right-of-way. The screen may be structures, wood or masonry fence, or evergreen plant materials, or earth berms, which uniformly reduce the view from the adjacent property or right-of-way at least 75% to a height of six feet above ground elevation year round. If evergreen plant materials are used for screening, they shall provide the required screen at the time of initial planting and shall be maintained in good condition by owner. If a fence or wall is used for screening, plantings on the outside of the fence or wall shall be installed which will hide the horizontal view of the fence or wall by more than 50% at the time of the installation of the fence or wall;
(E) An above ground storage tank shall not exceed a grade height of six feet;
(F) The materials used in constructing the above ground storage tanks shall not be bright, shiny, garish, or reflective. Landscaping and screen materials as required herein shall harmonize with the elements and characteristics of the property upon which the above ground storage tank is located;
(G) All above ground storage tanks constructed and erected prior to the effective date of this chapter which do not conform to the requirements of this chapter shall be accepted as nonconforming above ground storage tanks for a period of 12 months from the effective date of this chapter. Thereafter, the above ground storage tanks shall be subject to immediate abatement by way of removal or through modification or relocation to comply with the standards of this chapter; and
(H) This section shall apply to residential property only.
(Ord., passed 6-26-02)
(A) A "BOATHOUSE" is defined as a structure for the storage of a boat that is constructed over a boat slip that leads into Lake Wackena or Spring Lake. A "BOATHOUSE" is considered an accessory building or use and may be permitted subject to the provisions of this chapter.
(B) Design standards. All boathouses shall meet the following design standards:
(1) A boathouse shall be designed solely for storage of a boat. There shall be no more than one boathouse per lot.
(2) A boathouse shall not cover an area of more than 500 square feet ("foot print").
(3) Earth tone colors or colors that complement the design of the principal building shall be used on all exterior surfaces of the boathouse.
(4) A boathouse shall not exceed 12 feet in height from the highest point on the land within the area covered by the boathouse ("foot print").
(5) A boathouse shall be of post and beam construction and shall not have exterior walls.
(6) A boathouse shall be constructed at least 15 feet from the nearest side property line of the lot on which it is constructed and at least ten feet from the edge of Lake Wackena or Spring Lake, whichever lake is applicable; provided, however, this division (B)(6) shall not apply to boathouses constructed over boat slips that existed prior to January 1, 2005. A list of the property addresses of boat slips existing on February 1, 2005 shall be maintained by the Village Clerk.
(7) Boathouses shall be designed using a flat roof or with a roof no greater than a 3/12 pitch.
(C) Property owner must obtain all applicable State of North Carolina and federal permits for construction of a boathouse before making application for a zoning permit and shall submit proof of such state and federal permits at the time of making application for a zoning permit.
(D) No zoning permit shall be issued for a boathouse pursuant to § 94.82 and no construction shall begin, nor shall any remodeling or renovation of an existing boathouse begin until the plans for the boathouse or renovation of the boathouse have been finally approved by the Village Council as hereinafter set forth. Plans submitted for approval shall show:
(1) Site plan, drawn to scale, showing accurate dimensions of the lot and the location of the proposed boathouse on the lot including the dimensions and location of the boat slip over which the boathouse is proposed to be built.
(2) An elevation plan of the boathouse to include the design, the color, construction materials and such other information as may be necessary to provide for the enforcement of this chapter, including the height, dimensions, color, location and materials to be used for construction.
(E) The Village Council, as the governing body of the Village of Walnut Creek, the owner of Lake Wackena and Spring Lake, shall serve as the Architectural Committee for the purpose of approving the construction of boathouses under applicable restrictive and protective covenants.
(F) The review and approval procedure shall be as follows:
(1) An application for the construction of a boathouse shall be submitted to the Zoning Enforcement Officer.
(2) The Zoning Enforcement Officer shall review the design plan for compliance with the requirements of this chapter and the zoning ordinance. The Zoning Enforcement Officer shall advise the owner of the regulations pertaining to the proposed construction and the procedures to be followed in the preparation and submission of the plans.
(3) The Zoning Enforcement Officer shall discuss with the owner changes deemed advisable, if any, and the kind and extent of improvements or changes to be made by the owner prior to presentation to the Planning Board.
(4) The Zoning Enforcement Officer shall present the application to the Planning Board.
(5) The Planning Board shall recommend approval, approval conditionally, or disapproval of the plan based on compliance with the standards in this chapter. The plan and the Planning Board's actions shall be sent to the Village Council of the Village of Walnut Creek for its action. If the Planning Board recommends conditional approval, the conditions and reasons for such action shall be stated.
(6) Should the Planning Board fail to act on the proposed boathouse within 90 days after submission of the application, the owner may seek approval at the next regularly scheduled meeting of the Village Council.
(7) If the Planning Board recommends denial of the application, the reasons for such action shall be stated in writing.
(8) If the Village Council approves the application, a zoning permit shall be issued. If disapproved, no zoning permit shall be issued. The Village Council’s decision shall be based on compliance with the standards in this chapter.
(Ord., passed 2-23-05; Am. Ord., passed 5-24-06; Am. Ord., passed 6-23-21)
(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)
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
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)
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
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