Standards for a specific accessory use or structure shall apply to the particular individual accessory use or structure regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this Ordinance. This section sets forth and consolidates the standards for all accessory uses and structures for which a reference to this section is provided in the "Acc. Use-Specific Standards" column of Table 4.4.6: Accessory Use Table. These standards may be modified by other applicable standards or requirements in this Ordinance.
A. Accessory Dwelling Unit. An accessory dwelling unit (ADU) is permitted as accessory to a single-family detached dwelling, and shall comply with the following standards:
1. No more than one ADU shall be located on a lot with a single-family detached dwelling.
2. An ADU shall not exceed 35 percent of the total amount of finished floor area in the principal structure.
3. An ADU shall not exceed one story, but nothing shall limit an ADU from being located on a second or third story provided the structure complies with the applicable maximum height limitations in the district where located.
4. An ADU and the principal dwelling shall have the same street address and mailbox.
5. An ADU shall not be subdivided or otherwise separated in ownership from the principal dwelling unit.
6. An ADU and the principal dwelling shall utilize the same driveway, unless the ADU is accessed from a right-of-way not used by the principal dwelling (e.g., a rear alley or separate street access on a corner or through lot).
7. An ADU shall be served by water, sanitary sewer, gas, and electrical utilities as part of the principal dwelling.
B. Amateur Ham Radio.
1. Towers associated with an amateur ham radio operator or private television antenna shall not exceed 100 feet above grade.
2. Towers or antennas attached to a principal structure shall be located on a side or rear elevation.
3. Freestanding towers or antennas shall be located behind the principal structure.
C. Art Installation. In no instance shall an art installation visible from a street or off-site area depict specified anatomical areas or specified sexual activities as defined by this Ordinance and the North Carolina General Statutes.
D. Automated Teller Machine (ATM).
1. An ATM designed for walk-up use and located in the exterior wall of a building or a parking area shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking areas and building entrances, or vehicular movement in front of buildings or through parking areas.
2. If an ATM is designed for use by customers in their vehicles, it shall comply with the accessory use standards (including districts where permitted) in Section 4.4.7.H, Drive Through.
3. The overall character of an automated teller machine in terms of materials, colors, and architectural character shall be compatible with that of the principal structure.
E. Bus Shelter. Nothing shall limit the placement of a bus shelter within a required yard or setback, provided it shall:
1. Maintain a maximum size or floor area of 100 square feet or less;
2. A height of 15 feet or less;
3. Be located outside any required sight distance triangles; and
4. Maintain a minimum distance of five feet from a street right-of-way.
F. Child Care, Incidental. An incidental child care or home day care for three or more children is permitted as accessory to an occupied residential dwelling unit if it complies with Article 7 of Chapter 110 of the North Carolina General Statutes, and the following standards:
1. Care is provided within a principal dwelling unit.
2. The maximum number of children receiving child care in the use at any given moment does not exceed six (provision of day care services for more than six children at any given moment is treated as a day care center by this Ordinance, and requires licensure from the State as a day care center).
3. It complies with all applicable home occupation requirements, except the gross floor area limitation, which may be exceeded.
4. It is licensed by the State of North Carolina and complies with all applicable State requirements.
G. Cluster Box Unit. Cluster box units shall comply with the standards of the United States Postal Service and the relevant standards in the Town's Standard Details and Specifications.
H. Detached Accessory Structures. Detached accessory structures that are accessory to residential uses shall comply with the following standards unless otherwise specified by this Ordinance:
1. All detached accessory structures shall he located on the same parcel as the principal structure.
2. Detached accessory structures located on a parcel of 2 acres or less shall not exceed the height of the principal structure.
3. A total square footage for all detached accessory structures shall not exceed 35% of the total amount of finished floor area in the principal structure for a lot 2 acres or less.
4. The total square footage of all detached accessory structures located on the lot may increase by 5% for each acre over 2 acres.
5. Detached accessory structures on lots greater than 10 acres shall not be subject to these size limitations.
I. Drive Through. Drive-through facilities shall comply with the following standards:
1. Outdoor speakers associated with a drive-through shall be at least 50 feet from any lot with a residential zoning district designation.
2. Drive-through windows, menus, or order boxes shall not be located on the front facade of the building they serve.
3. Drive-through facilities shall be designed so as not to obstruct the movement of pedestrians along sidewalks, through areas intended for public use, or between the building entrance and customer parking spaces.
4. Canopies or other features installed over a drive through window shall maintain common roof lines and materials with the principal structure
J. Electric Vehicle Charging Station.
1. Electric Vehicle (EV) charging station spaces shall be reserved for the charging of electric vehicles only and shall be posted with signage identifying the spaces as reserved only for the charging of electric vehicles, amperage and voltage levels, any enforceable time limits or tow away provisions, and contact information for reporting non-operating equipment or other problems.
2. A required accessible parking space may also serve as an EV charging station space, provided the charging station and its controls meet ADA standards for accessibility to persons with physical disabilities.
3. EV charging station equipment shall be located so as not to interfere with vehicle, bicycle, or pedestrian access and circulation, or with required landscaping.
K. Family Health Care Structure. One family health care structure is permitted on a lot with a single-family detached dwelling, in accordance with the standards in Section 160D-915 of the North Carolina General Statutes, and the following standards:
1. Structure. A family health care structure is one that:
a. Is transportable and primarily assembled at a location other than the site of installation;
b. Is located on a lot with an existing single-family detached dwelling;
c. Is limited to one occupant who is a mentally or physically impaired person related to the caregiver;
d. Is used by a caregiver or legal guardian in providing care for one mentally or physically impaired person on property owned or occupied as the caregiver's or guardian's residence;
e. Has no more than 300 square feet of gross floor area;
f. Is connected with water, sewer and electricity by branching service from the single-family detached dwelling;
g. Has the same street address and mailbox as the existing single-family detached dwelling;
h. Uses the same driveway as the existing single-family dwelling, unless the structure is accessed from a right-of-way not used by the dwelling (e.g., a rear alley or separate street access on a corner or through lot);
i. Meets the dimensional standards of the zoning district for a single- family detached dwelling; and
j. Meets the applicable provisions in the State Building Code(s); however, is not located on a permanent foundation.
2. Need and Relationship.
a. The occupant of the structure must be a mentally or physically impaired person that is a resident of the State who requires assistance with two or more activities of daily living (bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating) as certified in writing by a physician licensed to practice in this State.
b. The caregiver must be an individual 18 years of age or older who provides care for the mentally or physically impaired person and is a first or second degree relative of the impaired person. A first or second degree relative is a spouse, lineal ascendant, lineal descendant, sibling, uncle, aunt, nephew or niece, including half, step, and inlaw relationships.
3. Permit Conditions.
a. Once the applicant provides sufficient proof that the family health care structure meets all standards, then the structure shall be permitted for a period of 12 months.
b. The applicant may renew the zoning compliance permit for a 12- month period and continue to renew it provided the applicant provides evidence of continued need and compliance with these standards.
c. The Town may make permit renewal and periodic inspections of the temporary structure at reasonable times convenient to the applicant.
d. No signage shall be permitted on the exterior of the structure or on the lot that identifies or promotes the existence of the structure.
e. The structure shall not be subdivided or otherwise separated in ownership from the single-family detached dwelling.
f. The structure shall be removed within 60 days if the impaired occupant is no longer receiving or in need of assistance.
g. The zoning compliance permit may be revoked or other enforcement actions taken if these standards are violated.
L. Guard House, Shelter, or Gatehouse. Nothing shall limit the placement of a guard house, guard shelter, or gatehouse within a required yard or setback, provided it shall:
1. Maintain a maximum size or floor area of 100 square feet or less;
2. A height of 15 feet or less;
3. Be located outside any required sight distance triangles; and
4. Maintain a minimum distance of five feet from a street right-of-way.
M. Helistop. Auxiliary facilities such as parking, waiting room, fueling, and maintenance equipment are not permitted.
N. Home Occupation. Customary home occupations such as home offices, beauty parlors, dressmaking, laundering, music teaching, tutoring, etc., shall comply with the following standards:
1. Home occupation accessory uses shall be clearly incidental and subordinate to a dwelling's use for residential purposes by its occupants.
2. Except for home offices, home occupations shall be engaged in only by a resident on the premises, and not more than one employee may be a nonresident. Home offices shall be limited to no more than two employees not residing on the premises.
3. No more than 25 percent of the first floor area of a dwelling shall be used for home occupations.
4. No display of goods or advertising shall be visible from the street.
5. No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors or electrical interferences detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single- family residence. In the case of electrical interference, no equipment or process shall be used that creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
6. No accessory buildings shall be used for home occupations.
7. Only one commercial vehicle with up to one attached trailer associated with the home occupation may be parked or stored on the lot.
8. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
O. Ice House. Ice houses of 50 square feet in size or larger shall comply with the following requirements:
1. Ice houses shall provide at least one designated off-street parking space and shall not occupy any off-street parking spaces required for the principal use.
2. Any signage shall comply with the signage provisions for the district where located.
3. All roof-top mechanical equipment shall be screened.
4. A litter receptacle shall be provided, and shall be maintained in a sanitary condition.
5. Ice houses shall not be allowed as a primary use.
P. Outdoor Display/Sales. The outdoor display and sale of goods shall be limited to a commercial or mixed use and shall comply with the following standards:
1. Except in the downtown districts, an outdoor display/sales area shall not be located within a required front yard or street setback.
2. In the downtown districts, outdoor display/sales areas may be located on or adjacent to the sidewalk provided the display is attached to or located immediately adjacent to a building's front facade wall.
3. Outdoor display/sales areas shall not be located any closer than five feet from any lot line.
4. Outdoor display/sales areas shall not be located within any local or State site easement.
5. Outdoor display areas shall maintain at least five feet of space along the side of the display free of obstruction to allow for pedestrian and handicap movement, such that pedestrians do not have to step off the sidewalk or enter the drive aisle to see the merchandise.
Q. Outdoor Storage.
1. General Standards. The following standards shall apply to all outdoor storage areas other than uses where outdoor storage is the principal use of land (see Table 4.2.3, Principal Use Table).
a. The extent of the outdoor storage area shall be clearly delineated on a site plan.
b. Outdoor storage areas shall comply with the minimum setback standards applicable in the zoning district where the outdoor storage area is located.
c. Outdoor storage areas are prohibited between the development's principal structure(s) and a thoroughfare (major and minor) or collector street.
d. Outdoor storage areas shall be fully screened in accordance with the applicable standards in Section 5.10, Screening.
e. No outdoor storage area shall be located within a required landscaping area.
f. Stored goods, materials, and equipment shall be limited to those goods, materials, and equipment associated with the principal use or uses of the lot.
g. No materials shall be stored in areas intended for vehicular or pedestrian circulation.
h. No materials shall be stored on any potable or non-potable water easement, stormwater easement, or sanitary sewer easement.
2. Screening Requirements. Outdoor storage shall be screened in accordance with the applicable standards in Section 5.10, Screening.
R. Parking of Trucks or Trailers.
1. The parking and/or storage of motorized and non-motorized vehicles in excess of 10,000 pounds gross vehicle weight shall be prohibited in all residential districts except for loading and unloading purposes; for emergency home service; for use in the conduct of a legal non-conforming use; for temporary construction purposes; or for bona fide agricultural purposes.
2. No apparatus designed to be used as a motor vehicle or designed to be towed by a separate motorized unit or vehicle shall be allowed to be used as a storage facility or accessory building in any residential district.
S. Parking of Recreational Vehicles. Nothing herein shall be construed so as to prohibit the parking of personal recreational vehicles including but not limited to motor homes, vans, or campers.
T. Play Equipment. Play equipment shall comply with the setback requirements for the zoning district where located, though it may encroach into setbacks in accordance with Table 9.3.5: Allowable Encroachment into Required Setbacks.
U. Produce Stand. The sale of fresh vegetables and produce, as defined in Section 160D-903 of the North Carolina General Statutes, from curbside stands or in a similar fashion shall:
1. Be located on the same lot as a principal use;
2. Be limited to retail sale of agricultural or horticultural products grown on-site or in agricultural facilities under the same ownership as the produce stand;
3. Be located outside sight distance triangles or other areas that may result in visual obstructions to drivers;
4. Not exceed 1,000 square feet in area; and
5. Provide adequate ingress/egress and off-street parking.
V. Solar Energy System. A solar energy system (SES) shall comply with the following requirements:
1. A SES may be roof-mounted, attached to a principal or accessory structure, be ground-mounted, or placed over a parking or other hard-surface area.
2. The footprint of a ground-mounted SES shall not exceed 50 percent of the floorplate of the principal structure, or one acre, whichever is less.
3. An SES shall comply with the dimensional requirements for the district where located, as modified by Section 4.4.4, General Standards for Accessory Uses and Structures.
4. An SES shall not obscure required sight distance triangles.
5. A SES may be placed within a required landscaping area provided it does not compromise the screening objective of the landscaping.
6. Ground-mounted SES facilities are exempted from the screening requirements in Section 5.10, Screening.
7. Ground-mounted SES facilities shall not exceed 20 feet in height above adjacent pre-construction grade.
W. Stable (Horses). Stables shall comply with the following standards:
1. Stables are not permitted on land within the corporate limits.
2. The land on which the facility is located shall be at least two acres in size.
3. No stalls or stables shall be within 200 feet of any existing adjoining residential dwelling and 100 feet from any adjoining well being used for human consumption.
4. Stables must be operated and maintained in a healthy and safe manner. Healthy and safe is defined as, but not limited to: fences kept in good repair; potable water available on demand; protection from wind or rain; a sign posted indicating the name and phone number of the person to be contacted in case of emergency.
X. Swimming Pool/Hot Tub.
1. Swimming pools built as accessory uses to a residential use shall be completely isolated from adjacent lands and streets by a fence or other structure having a minimum height of four feet and configured to prevent small children from gaining unsupervised access to the pool.
2. Gates or doors opening into the area around the swimming pool from outside the dwelling shall have self-closing and self-latching devises for keeping the gate or door closed at all times when not in use.
3. These standards shall apply to any built structure placed or constructed for the purpose of bathing or swimming with a depth of two feet or more.
4. Swimming pools included as an accessory use to a single-family subdivision shall include one off-street parking space for every four persons of design capacity.
Y. Underground Storage Tank. Underground storage tanks shall comply with the following requirements:
1. Underground storage tanks shall not be located within required setbacks, easements, or beneath public rights-of-way.
2. Underground storage tanks shall be installed and operated only in accordance with the State Building Code(s) and all applicable Fire Code requirements.
3. Underground storage tanks shall be depicted on site plans and as-builts.
Z. Wind Energy Conversion. Wind energy conversion uses shall comply with the following requirements:
1. Limited to one per principal use;
2. The facility shall not exceed 70 feet in height;
3. The facility shall maintain a minimum blade clearance of at least 20 feet from the ground; and
4. Sound levels shall not exceed 55 dBA.
(Ord. 2020-36, passed 12-2-2019; Ord. 2020-49, passed 6-1-2020; Ord. 2021-65, passed 5-3-2021)