Badin City Zoning Code
SUPPLEMENTAL PROVISIONS
§ 155.055 APPLICATION.
No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered, except in conformity with the regulations herein specified for the district in which it is located.
(Ord. passed - -, § 5.1) Penalty, see § 10.99
§ 155.056 REDUCTION OF LOT AND YARD AREAS PROHIBITED.
(A) No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein, except for street widening.
(B) Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(Ord. passed - -, § 5.2) Penalty, see § 10.99
§ 155.057 RELATIONSHIP OF BUILDING TO LOT.
Every building hereafter erected, moved or structurally altered shall be located on a lot and in no case shall there be more than one principal building and its customary accessory buildings on any lot, except in the case of a specially designed complex of institutional, residential, commercial or industrial buildings in an appropriate zoning district, (i.e., school campus, cluster housing, shopping center, industrial park) as permitted in this chapter.
(Ord. passed - -, § 5.3) Penalty, see § 10.99
§ 155.058 FENCES OR WALLS PERMITTED.
Except as otherwise noted, fences or walls are permitted in the various districts subject to the following regulations.
(A) In residential (R-A, R-20, R-10) districts.
(1) Fences or walls consisting of either masonry, rock, wire or wooden material and hedges may be installed on the boundaries of any residential lot; except that, the height of such fencing or screening shall be limited to a maximum height of four feet between the street right-of-way line and the normal building line for that section adjacent to the street. Fencing and hedges on all other boundaries of residential property shall be limited to a maximum of eight feet in height, except as otherwise specifically stipulated herein.
(2) No electrical fences, concertina or barbed-wire fences shall be permitted, except for “invisible” pet fences.
(B) In all other districts.
(1) Maximum height shall be 12 feet; except that, no maximum shall apply to jails or prisons where said walls or fence is installed behind any required setbacks.
(2) No electrical fences, concertina or barbed-wire fences shall be permitted, except for “invisible” pet fences or fences/walls associated with jails/prisons.
(C) Correctional facility, public utility structure. There shall be no maximum height for any fence located within the required setback of any correctional facility or public utility structure.
(Ord. passed - -, § 5.5) Penalty, see § 10.99
§ 155.059 LOT TO ABUT A DEDICATED STREET.
No lots may be created after the effective date of this chapter which do not have at least 35 feet of dedicated street right-of-way frontage, except as follows.
(A) A lot not having 35 feet of dedicated street right-of-way frontage may be created if located entirely within a planned shopping center or office park.
(B) A lot fronting onto a cul-de-sac shall have at least 35 feet of dedicated street frontage.
(C) A single-family residence (including a manufactured home or modular home) may be constructed or located on a lot which was recorded on or before the effective date of this chapter which does not abut a dedicated street right-of-way; provided, the lot has access to a dedicated street by an easement at least 20 feet in width for the use of the dwelling established on such lot; and, further provided that, such easement is maintained in a condition passable for automobiles and service and emergency vehicles. This easement may not be extended to provide access to any other lots or to any other residence not having frontage on a dedicated street.
(Ord. passed - -, § 5.6) Penalty, see § 10.99
§ 155.060 ONE PRINCIPAL BUILDING.
(A) No more than one principal structure devoted to a residential use shall be permitted on a lot, except as:
(1) Part of a multi-family development;
(2) As a private residential quarters;
(4) On any lot having an area of greater than 20 acres, a second residential structure may be developed; provided, such dwelling is not designed for year-round occupancy; or
(5) As a manufactured home second dwelling occupied by an immediate family member (father, mother, son, daughter, father-in-law, mother-in-law, daughter-in-law, son-in-law, step-son, step- daughter, brother, sister, grandchildren, nieces and nephews) in accordance with § 155.075 of this chapter.
(B) More than one principal structure devoted to a non-residential use may be located on a lot; provided that, access is available from a public street or a 20-foot easement is maintained from a public street to each building for use by service or emergency vehicles.
(C) In the C-B Zoning District only, a lot may contain both residential and business uses in one or more principal structures.
(D) Only one principal non-residential use per lot shall be allowed, except as part of a planned shopping center, office building or similar planned multi-tenant development as permitted in this chapter.
(Ord. passed - -, § 5.7) Penalty, see § 10.99
§ 155.061 TEMPORARY STRUCTURES AND USES.
(A) Temporary structures and uses, when in compliance with all applicable provisions of this chapter and all other ordinances of the town shall be allowed.
(B) The following temporary structures and uses shall be permitted:
(1) Construction trailers used in conjunction with construction projects; provided that, the following conditions are met.
(a) Such construction trailers may be located at a building site where there is a valid building permit for the construction project, or, in the case of a residential subdivision, a valid building permit for at least one of the residential units being constructed.
(b) All construction trailers shall be located at least ten feet off any street right-of-way and not be placed in any required rear or side yard setback.
(2) In addition to construction trailers, at any construction site for a construction project valued at $1,000,000 or more, one or more security guard houses may be installed. Use of such structures may include overnight stay; provided, adequate sanitary facilities are provided and the same conditions for construction trailers (divisions (B)(1)(a) and (B)(1)(b) above) are met.
(C) (1) Certain uses of a temporary nature (i.e., less than 45 days in duration and held no more than three times per year at any particular location), which would not otherwise be permitted in a particular zoning district are permitted for the following temporary uses without a permit.
(a) Christmas trees sales;
(b) Revivals; and
(c) Shows for civic and youth organizations (i.e., 4-H shows).
(2) The permit shall be valid for a specified period only, not to exceed 45 days in duration.
(3) All other such temporary uses not otherwise listed may only be granted a temporary zoning permit only after the town has made the following determinations:
(a) The proposed use will not materially endanger the public, health, welfare and safety; and
(b) The proposed use will not have a substantial negative effect on adjoining properties.
(4) In approving such a temporary permit, the Town Council may authorize conditions regarding duration of the use, hours of operation, signage, lighting and the like and such conditions shall be made part of the permit issued. Violations of such conditions shall be considered a violation of this chapter. The Town Council may, prior to issuing said permit, conduct a public hearing. Notice of this public hearing shall be as provided in § 155.172 of this chapter.
(D) (1) Structures, whether temporary or permanent, located in a subdivision containing 25 or more lots and used as sales offices for the subdivision development are permitted.
(2) Any temporary structure used as a sales office shall be located on a lot which is in compliance with the regulations of this chapter and shall meet all yard requirements for the applicable zoning district. At least five off-street parking spaces shall be provided on the lot to accommodate persons using the sales office.
(3) A manufactured home may be used as a temporary sales office; provided that, the following conditions are met.
(a) The manufactured home shall be provided with underpinning, from the bottom of the walls to the ground, made of vinyl, pre-painted aluminum material or other material specifically manufactured for mobile homes.
(b) Landscaping shall be provided to create an aesthetically pleasing appearance.
(c) At the completion of the sales in a tract, or two years from the date the temporary sales office began operation, whichever is sooner, said sales office shall cease operation unless the Zoning Administrator determines that substantial progress is being made in the selling and/or marketing of the lots and/or homes in the subdivision. In such case, one or more extensions (each not to exceed one year in duration) may be so authorized by the Zoning Administrator. If a temporary structure is used as the sales office, it shall be removed after its use as a sales office is terminated. Immediately after the structure is removed, the lot shall be returned to a natural state. Any paved or graveled driveway and/or parking area associated with the sales office shall also be removed. All bare soil areas on the lot shall be returned to a natural vegetative state (reseeded or sodded) immediately after removal of the sales office and driveway/parking area.
(4) If a permanent residential structure is used as the sales office, future use of said structure shall be for residential purposes.
(E) (1) Manufactured homes may be allowed on a temporary basis in a zoning district in which such use is not listed as a permitted use, if a disaster occurs which results in an occupied, single-family dwelling being destroyed (i.e., it receives damage greater than 60% of its tax value as indicated on the most current tax listings). In this instance a manufactured home may be placed on the lot containing the dwelling unit which was destroyed. The purpose of allowing such manufactured home on said lot is to give the occupants of the destroyed dwelling unit a place to live while a new dwelling unit is being constructed or damage to the original dwelling unit is being repaired. If a manufactured home is used for such an occurrence, it is subject to the following conditions.
(a) Such manufactured home shall be located in the rear yard, if possible. If the manufactured home cannot be located in the rear yard, it may be placed in the front yard. The manufactured home shall be located no closer than 15 feet to another principal residential structure on another lot and no closer than ten feet to any lot line.
(b) The Zoning Administrator shall be given the authority to issue a zoning permit for such temporary use on a one-time basis only for a period of up to nine months. Such permit may be renewed on a one-time only basis (for a period of no greater than nine months) by the Town Council, if it is determined that:
1. Construction of a new dwelling unit is proceeding in a diligent manner;
2. The granting of such permit will not materially endanger the public health, welfare or safety;
3. The location of the manufactured home on the site does not have a negative effect on abutting properties; and
4. The manufactured home must be removed from the site within 30 days of the date a certificate of occupancy is issued for the newly constructed dwelling unit.
(2) Notification of the Town Council public hearing shall be as provided in § 155.245 of this chapter.
(F) (1) Manufactured homes may be allowed on a temporary basis in connection with construction of a permanent structure upon the same property for business, educational, religious and similar uses in districts where such businesses, schools, religious institutions and the like are allowed as a permitted use in the district, but will be subject to review by the Town Council. The purpose of allowing a manufactured home on said lot is to give the owners of the property a place to conduct business while a new structure or building is being constructed.
(2) If a manufactured home is used on such a temporary basis, it is subject to the following conditions.
(a) Such manufactured home shall not be placed in the front yard and shall be located no closer than 15 feet to another principal structure on another lot and no closer than ten feet to any lot line.
(b) The manufactured home will only be used for the purpose requested and for which the permit is issued.
(c) The Zoning Administrator shall issue a zoning permit for such temporary use for a period of one year. Such permit may be renewed for one year periods by the Town Council, if it is determined that:
1. Construction of the permanent building or structure is proceeding in a diligent manner;
2. The granting of such permit will not materially endanger the public health, safety or welfare; and
3. The location of the manufactured home on the site does not have a negative effect on abutting properties.
(3) Notification of the Board of Adjustment public hearing shall be as provided in § 155.245 of this chapter.
(Ord. passed - -, § 5.8) Penalty, see § 10.99
§ 155.062 TELECOMMUNICATIONS TOWERS AND FACILITIES.
(A) (1) In recognition of the Telecommunications Act of 1996, it is the intent of the town to allow communication providers the opportunity to locate telecommunications towers and related facilities within the town in order to provide an adequate level of service to its customers while protecting the health, safety and welfare of town citizens.
(2) Wireless towers may be considered undesirable with other types of uses, most notably residential, therefore special regulations are necessary to ensure that any adverse affects to existing and future development are mitigated.
(3) Accordingly, the Town Council finds that regulations related to telecommunications towers are warranted and necessary:
(a) To direct the location of communication towers in the town;
(b) To protect residential areas and land uses from potential adverse impacts of telecommunications towers;
(c) To minimize adverse visual impacts of telecommunications towers through careful design, siting, landscape screening, and innovative camouflaging techniques;
(d) To accommodate the growing need for telecommunication towers to residents and businesses in the town;
(e) To promote and encourage shared use/co-location of existing and new communication towers as a primary option rather than construction of additional single-use towers;
(f) To consider the public health and safety of telecommunication towers; and to avoid potential damage to adjacent properties from tower failure through structural standards and setbacks; and
(g) To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of telecommunication towers.
(B) (1) Telecommunications towers and facilities are allowed as a conditional use in the R-A, R-20, R-10, C-B, G-B and M-1 Zoning Districts; provided that, the supplemental regulations of §§ 155.023(LL), (MM) and (NN) and 155.095 through 155.107 of this chapter are met, and that the Town Council has issued a conditional use permit or amendment to a conditional use permit, as per §§ 155.170 through 155.181 of this chapter.
(C) (1) Telecommunication towers can be denied on the basis of negative influence on property values or on aesthetic concerns; provided that, there is evidence to prove the impact on adjacent property owners will be significant. As per the Telecommunications Act of 1996, the Town Council must clearly state the reasoning and available evidence of the impact on adjacent property values if the request is denied on this basis.
(2) The following factors may be used to evaluate a tower for aesthetic reasons:
(a) To protect the view in scenic areas, unique natural features, scenic roadways and the like;
(b) To prevent the concentration of towers in one specific area; and
(c) The height, design, placement and other characteristics of the tower can be modified to have a less intrusive visual impact on the town.
(Ord. passed - -, § 5.9) Penalty, see § 10.99
§ 155.063 ACCESSORY STRUCTURES AND USES.
Accessory structures, except as otherwise permitted in this subchapter, shall be subject to the following regulations.
(A) Where the accessory structure is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this section applicable to the principal structure.
(B) Accessory structures (excluding, mailboxes, newspaper boxes, walls, fences, birdhouses, flag poles, pump covers and doghouses under 15 square feet or less in gross floor area) shall not be erected in any front yard. Private garages are subject to the requirements listed in division (D) below. Detached accessory buildings may be located in the required rear or side yard, except no such structure shall be located closer than ten feet from any rear or side yard line, but in the case of corner lots, such buildings and structures shall be set back at least 25 feet from any side street right-of-way. Such structures shall also be at least five feet from any other building on the same lot. In no instance shall an accessory structure be located within a dedicated easement or right-of-way.
(C) Mailboxes, newspaper boxes, birdhouses, flagpoles and pump covers may be placed in any front, side or rear yard. No zoning permit is needed for these structures.
(D) Private garages, designed primarily to store an automobile, may be placed in any non-required front, side or rear yard. Where a rear lot line measures 75 feet or less, no such structure shall be located closer than zero feet from any side yard line or ten feet from the rear yard line. Where a rear lot line measures more than 75 feet, such structure shall not be located closer than ten feet from any rear or side yard line and at least five feet from any building on the same lot.
(F) Doghouses and/or fenced pens are permitted in the rear yard. Such structure shall meet the side and rear yard lot requirements of the applicable zoning district. No zoning permit is required if the doghouse is 15 square feet or less in gross floor area and/or the pen is not larger than ten feet by ten feet.
(G) On any lot containing a principal residential use, no accessory structure shall be permitted that involves or requires any external construction features which are not primarily residential in nature or character.
(H) An accessory building may not exceed the height of the principal structure.
(I) (1) On any lot containing a principal residential use, the maximum size of any accessory structures (excluding outdoor swimming pools or tennis courts) shall not exceed one-half the heated ground floor area of the principal structure or 750 square feet, whichever is greater.
(2) On a lot containing an area of one or greater, the maximum permitted area of accessory structures (excluding outdoor swimming pools or tennis courts) shall not exceed one-half the heated ground floor area of the principal building.
(J) Satellite dish antennas shall be considered on accessory structure and shall be regulated as follows.
(1) Satellite dishes that are one meter or less in size are preempted from all local zoning, building and similar regulations. No permit is needed for their installation.
(2) Satellite dishes that are over one meter in size, and no larger than eight feet in diameter are allowed unless the applicant can demonstrate the need for a larger size. See also divisions (J)(5), (J)(6) and (J)(7) below.
(3) Satellite dishes shall not exceed a height of 15 feet.
(4) All satellite dishes must be installed and grounded properly.
(5) (a) Satellite dish antennas over one meter in size and located in a residential (R-A, R-20, R-10) zoning district shall be located in the rear yard only and shall maintain a ten-foot setback from all side and rear lot lines. The Board of Adjustment may grant a special exception to allow the dish antenna to be located within the side or front yard if it determines that:
1. The satellite dish cannot feasibly be located and be operated efficiently if located in the rear yard; and
2. The proposed site would have the least impact on adjacent properties.
(b) If the Board of Adjustment does allow the placement of a satellite dish in a front or rear yard, landscaping will be required along the antenna’s non-reception window axes. Such treatments along the non-reception window axes shall consist of evergreen plantings designed to create an opaque screen within four years. Other screening may be required along the reception axis.
(6) Satellite dishes over one meter in size whose reflective surface is solid shall be painted a subdued or natural color.
(7) Satellite dishes over one meter in size shall not be located on a roof, unless the satellite dish is an accessory structure associated with a business or industrial use located in the C-B, G-B, M-1 or M-2 Zoning Districts.
(K) Under no circumstances may a vehicle (automobile, truck, SUV, motor home) or trailer (RV, camper) designed to be transported by a vehicle be used as an accessory structure in a residential (R-A, R-20, R-10) zoning district.
(L) Ham radio facilities and two-way communication facilities for governmental and business (for use in their business only) communications shall be deemed accessory uses; provided, no transmitter or antenna structure exceeds 100 feet in height. Any such tower shall meet the applicable setback requirements for the underlying zoning district, unless such tower is located in a residential district. In residential zoning districts (R-A, R-20, R-10), the setback in all directions for such towers shall be a distance equal to the height of the tower.
(M) In cases where the rear lot line of a lot containing a principal non-residential use abuts a lot in a residential (R-A, R-20, R-10) zoning district, a minimum of a 20-foot rear setback shall be required for the accessory structure/use.
(Ord. passed - -, § 5.10) Penalty, see § 10.99
§ 155.064 MANUFACTURED HOMES AND SIMILAR STRUCTURES.
A structure constructed as a manufactured home may only be used as a residential structure, except when serving as a manufactured home sales office for a subdivision development or as a construction trailer as per § 155.061(C) of this chapter. In addition, manufactured homes may be permitted on a temporary basis for business, educational, religious and similar uses as per § 155.061(E) of this chapter. In no instance may a manufactured home be used for any other non-residential purposes.
(Ord. passed - -, § 5.11) Penalty, see § 10.99
§ 155.065 HEIGHT LIMITATIONS AND EXCEPTIONS.
(A) For purposes of this chapter, the height of a structure shall be the vertical distance measured from the mean elevation of the finished grade at the front of the structure to the highest point of the structure.
(B) The maximum heights as indicated in the various districts may be exceeded for the following uses: roof equipment not intended for human occupancy and which is accessory to the structure upon which it is placed, such as skylights, transmissions or television towers, housing for elevators, stairways, water tanks, ventilating fans, air conditional equipment or similar equipment, steeples, spires, belfries, cupolas or chimneys; radio and television antennas.
(Ord. passed - -, § 5.12) Penalty, see § 10.99
§ 155.066 CONSTRUCTION BEGUN PRIOR TO ADOPTION OF CHAPTER.
Nothing in this chapter shall be deemed to require any change in the plans, construction or designed use of any building or structure upon which a building permit was secured prior to the adoption of this chapter, so long as said building permit remains valid.
(Ord. passed - -, § 5.13)
§ 155.067 USES NOT EXPRESSLY PERMITTED OR CONDITIONAL.
(A) No building or structure, sign or land shall hereafter be used, erected or occupied and no building or structure shall be erected, expanded or moved except in conformity with the regulations of this chapter. This chapter specifies uses which are allowed in each zone.
(C) Certain uses pre-existing the adoption of this chapter are allowed to remain as non-conforming uses in accordance with §§ 155.035 through 155.043 of this chapter. Temporary uses are allowed in accordance with § 155.061 of this chapter. Unless a use is allowed as a “permitted”, “conditional”, “non-conforming use” or “temporary use”, then such use is expressly prohibited in that zone by this chapter.
(D) It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the town. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows.
(1) The Zoning Administrator shall make a determination when a use can reasonably be interpreted to fit into a use category where like or similar uses are described. Interpretations made by the Zoning Administrator may be ratified by the Planning Board at a regularly scheduled meeting.
(2) When a use cannot be reasonably fitted into a use category where like or similar uses are described, the Planning Board shall review and recommend a use district to the Town Council for consideration, without a formal amendment to this chapter; provided that, the proposed use is similar to and compatible with those uses permitted in the district in question, and which is consistent with the purposes of this chapter. The Town Council shall make such determination at a regularly scheduled public meeting, and a record shall be kept, by the Zoning Administrator, of each additional use(s) allowed and shall be kept for public inspection.
(Ord. passed - -, § 5.14) Penalty, see § 10.99
§ 155.068 YARDS AND SETBACKS ON IRREGULAR LOTS, CORNER LOTS AND THROUGH LOTS.
The location of required front, side and rear yards on irregularly shaped lots shall be determined by the Zoning Administrator. The determination will be based on the spirit and intent of this chapter to achieve an appropriate spacing and location of buildings and structures on individual lots. (See definition of “front yard” in § 155.007 of this chapter.)
(A) Front yards and rear yards on corner lots. On corner lots, the front yard shall be measured perpendicular from the street lot line having the shortest linear footage. If both street lot lines have equal linear footage and no principal structure is located on the lot, the property owner shall determine the location of the front yard. On lots having equal frontage and where a principal structure is already located on such lot, the front yard shall be based on the architectural orientation of the house. Once the front yard is determined, the rear yard shall be the yard opposite the front yard. A graphic example of this is as follows:
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(B) Front yards and rear yards and setbacks on through lots which abut two streets. On through lots, the required front and rear yards shall each equal or exceed the greater of either the required front or rear yard setback which would normally be applied in that zoning district. For example, if a through lot were located in a zoning district which normally required a 50-foot front setback and a 40-foot rear setback, both front and rear setbacks would have to equal or exceed thirty (50) feet. For the purpose of placing accessory structures, however, the rear yard shall be deemed to be the yard opposite the street-side yard which the architectural front of the building faces. For the purpose of placing a principal residence, the Zoning Enforcement Officer shall require the architectural front of the building to be oriented similar to residences on either side. A graphic example of this is as follows:
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EXAMPLE: Regulations for a single-family dwelling in the R-A Zoning District:
Front setback: 50 feet
Rear setback: 40 feet
As this lot abuts both Main Street and Top Court, 50-foot setbacks in each yard are required.
(C) Front, rear, and side yards and setbacks on lots which abut three streets. If a lot is abutted by streets on three sides, the front setback requirement for the zoning district shall be applied only on the two opposing street fronts. The required setback on the third street front must be the side yard requirement, plus ten feet, since it is a corner lot. The yard opposite the third street front must be at least the minimum side yard requirement for the zoning district.
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EXAMPLE: Regulations for a single-family dwelling in the R-A Zoning District:
Front setback: 50 feet
Rear setback: 40 feet
Side yard: 15 feet
(Ord. passed - -, § 5.15) Penalty, see § 10.99
§ 155.069 VIBRATION.
No established use in any district shall be operated so as to generate inherent or recurring ground vibrations detectable at the property line which create a nuisance to any person of ordinary sensitivities on another property.
(Ord. passed - -, § 5.16) Penalty, see § 10.99
§ 155.070 NOISE.
(A) Every use of land shall be operated in such a way that regularly recurring noises are not disturbing or unreasonably loud and do not cause injury, detriment or nuisance to any person of ordinary sensitivities.
(B) Every non-residential use in a business (C-B, G-B) or industrial (M-1, M-2) district which adjoins a residential (R-A, R-20, R-10) district must be operated in such a way that any noise which may be detected by the human senses without instruments at the district boundary line is no louder than the noise which could be expected from uses permitted in those districts.
(Ord. passed - -, § 5.17) Penalty, see § 10.99
§ 155.071 ODOR.
Every use of land shall be operated in such a way that regularly recurring odors are not disturbing and do not cause injury, detriment or nuisance to any person of ordinary sensitivities on another property.
(Ord. passed - -, § 5.18) Penalty, see § 10.99
§ 155.072 PARKING OF COMMERCIAL AND RECREATIONAL VEHICLES.
(A) Recreational vehicles. For purposes of this chapter, a recreational vehicle shall not be deemed a dwelling unit and the usage of a recreation vehicle for living, sleeping or housekeeping purposes and the connection of such vehicle to utility services (other than for periodic maintenance and/or repair purposes) shall be prohibited unless the vehicle is located in a camping and recreational vehicle park so designed to accommodate recreation vehicles. These vehicles, as well as all boats, watercraft and trailers, must be parked or stored in the rear yard meeting all setback requirements in the district in which the property is located.
(B) Commercial vehicles.
(1) On any lot of less of than one acre in size which is located in a residential subdivision of more than ten lots, commercial vehicles which may be parked on an overnight basis shall be limited to school buses, vans and pick-up trucks (if no greater than 5,000 pounds). This requirement shall not be interpreted to prohibit vehicles from loading and unloading household goods in any residential (R-A, R-20, R-10) district for a period of up to 24 hours, nor shall this restrict the overnight parking of freight truck tractors without trailers on any such lot.
(2) Except for occasional vehicles loading or unloading household goods in a residential subdivision (U-Haul, moving van), all vehicles must be parked off the street right-of-way.
(3) No residentially-developed lot may be used as the base of operation for any freight hauling truck.
(Ord. passed - -, § 5.19) Penalty, see § 10.99
§ 155.073 RECREATIONAL VEHICLES.
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§ 155.074 YARD AND GARAGE SALES.
Yard, garage, tag, patio and apartment sales are permitted without a permit, as an accessory use on any residentially-, institutionally- or commercially-developed lot in any district. Such sales on residentially- developed lots shall be limited to no more than three days per calendar month on the same lot. Institutional and commercial yard sales are permitted only with the land owner’s permission. Additional regulations can be found in § 155.151 of this chapter.
(Ord. passed - -, § 5.20) Penalty, see § 10.99
§ 155.075 MANUFACTURED HOMES.
(A) All manufactured homes shall bear a valid seal indicating conformance with the 1976 National Manufactured Housing Construction and Safety Standards Act, being 42 U.S.C. §§ 5401 et seq.
(B) These homes shall meet the following standards.
(1) The structure shall have all wheels, axles, transporting lights and towing apparatus removed; or, if any of these items cannot be removed, they shall be screened from view with landscaping or fencing if it is still visible after the unit is underpinned.
(2) The structure must be a minimum of 1,200 square feet in size (24 feet by 50 feet or 28 feet by 43 feet).
(3) The structure shall not be occupied until the following has been installed according to the state’s Building Code:
(a) Continuously dug and poured concrete footing around the perimeter;
(b) Block piers on concrete footing (piers must have mortar between blocks);
(c) Continuous brick foundation from top of frame to ground, unpierced, except for required ventilation and an access door(s) on concrete footing; and
(d) Porches, decks, ramps or steps shall be wood and/or masonry with required guardrails, handrails and pickets.
(4) All tie downs must be set in concrete.
(5) The roof of the home shall have shingle roofing materials with a minimum pitch of 3/12 and have a 12-inch or more (excluding gutters) overhang.
(6) A final inspection or certificate of occupancy from the county must be given to the Zoning Administrator prior to occupancy and electric connection.
(7) The Board of Adjustment shall not grant any variance or special exception of any of the requirements for manufactured homes in this section.
(8) All manufactured homes shall be oriented on a lot with the longer side of the structure facing the street-of-way, thus resulting in the front of the manufactured home facing the street. The setbacks shall be observed, as with conventional housing.
(Ord. passed - -, § 5.21) Penalty, see § 10.99
§ 155.076 ADULT ESTABLISHMENTS, VIDEO STORES AND HOTELS/MOTELS.
(A) The intent of this section shall be to set forth the appropriate locations in which adult establishments or sexually oriented businesses may be established within the town’s zoning jurisdiction and to provide for certain development standards. Adult establishments, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when they are located near a residential zoning district or certain other districts which permit residential, eleemosynary, educational or recreational uses. Studies have shown that lower property values and increased crime rates tend to accompany and are brought about by the concentration of adult establishments. The Town Council finds that regulation of these uses is necessary to ensure that these adverse effects do not contribute to the blighting of surrounding neighborhoods and to protect the integrity of the town’s schools, churches, child care centers and public parks and playgrounds which are typical areas in which juveniles congregate.
(B) This section shall apply to all “adult establishments” as outlined in G.S. § 14.202.10 and shall also apply to adult video stores and adult hotels and motels, as defined in § 155.007 of this chapter.
(C) Adult establishments shall be permitted with a conditional use permit subject to the requirements found in § 155.023 of this chapter.
(D) The Board of Adjustment shall have no authority to modify or grant variances from the separation distance requirements imposed by this section.
(E) After the effective date, the establishment of a residential zone or protected use subsequent to the lawful commencement of an adult establishment will not render the adult establishment non- conforming.
(F) Should any provision of this chapter de declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
(G) This section took effect and was in force from and after the date of its adoption.
(Ord. passed - -, § 5.22) Penalty, see § 10.99
§ 155.077 ZERO LOT LINE (SIDE YARDS) DEVELOPMENTS; ZERO SIDE SETBACKS.
(A) Zero side setback development may be used in any residential (R-A, R-20, R-10) zoning district which permits single-family uses if the development contains at least two dwelling units.
(B) Side yard setbacks of zero are permitted only where the lots on both side of the affected lot line are part of a zero side setback development.
(C) The minimum separation distance between residential buildings located on any one lot shall be ten feet.
(D) The end units of zero lot line developments shall observe the side yard setback for the zoning district.
(E) (1) Additions and expansions to existing zero lot line developments, quadruplexes, triplexes and the like are allowed, as long as the addition does not reduce the front yard setback which currently exists.
(2) Thus, the front facade line of an existing development would be the furthermost forward point to which any front addition could expand.
(3) Expansions into side yards are permitted as long as the unit can meet existing setback requirements for the district in which it is located.
(4) Rear additions or expansions, which are beyond the furthermost rear projection of the existing development, shall be permitted only as long as the unit can meet existing rear setback requirements.
(Ord. passed - -, § 5.23) Penalty, see § 10.99
§ 155.078 FRONT YARD SETBACKS FOR DWELLINGS.
(A) The front yard setback requirements of this chapter for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within 100 feet on either side of the proposed dwelling, and on the same side of the same block, and in the same zoning district and fronting on the same street as such lot, is less than the minimum required front yard depth.
(B) In such case, the setback on such lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots or a distance of ten feet from the street right-of-way line, whichever is greater.
(Ord. passed - -, § 5.24) Penalty, see § 10.99
§ 155.079 OUTDOOR LIGHTING AND REFLECTIVITY.
(A) Outdoor lighting shall be located so as to not endanger motorists traveling on any street.
(B) The reflectivity of any structure constructed after the effective date of this chapter shall in no way hamper or cause endangerment to motorists traveling on any street.
(Ord. passed - -, § 5.25) Penalty, see § 10.99
§ 155.080 PLANNED RESIDENTIAL DEVELOPMENT.
(A) A unified and planned group residential development (i.e., a cluster subdivision, row housing, condominiums, apartments) for a site in single ownership may be permitted without the customary division of land into standards sized individual lots.
(B) Individual uses and structures in a group housing development need not comply with the specific building location, height or size, lot size or open space requirements of the district in which it is located provided the basic spirit and intent of such district regulations are complied with.
(C) The procedure for approval of group development plans shall consist of the submission of a scaled design plan showing the proposed layout, including the location of buildings, driveways, off-street parking spaces and recreational areas. Furthermore, an approved project must be started within one year and be completed within a reasonable period of time after its approval.
(D) A proposed project must be designed by competent professional persons so as to create an attractive residential environment, guarantee permanent retention of open space and ensure maintenance.
(Ord. passed - -, § 5.26) Penalty, see § 10.99
§ 155.081 AWNINGS AND CANOPIES.
(A) No awning or canopy shall be erected, suspended or maintained over or across any street or public sidewalk by any person until a permit therefor has been duly issued by the Zoning Administrator.
(B) (1) A person desiring a permit, as required in this section, shall file an application with the Zoning Administrator.
(2) Such application shall be accompanied by drawings and specifications indicating the location, place of erection, suspension or maintenance, method of fastening and full dimensions.
(C) A permit for the erection, suspension or maintenance of an awning or canopy issued pursuant to an application filed as provided in this section shall indicate the location, place of erection, suspension or maintenance, method of fastening and full dimension and shall include such other terms and conditions as the Zoning Administrator may deem proper.
(D) It shall be unlawful for any person to erect, suspend or maintain over or across any sidewalk or public street, or any part of either, any awning or canopy unless such awning or canopy is securely fastened to a building and firmly supported by adequate metal braces and brackets.
(E) No part of any awning or canopy shall be lower than seven feet from the surface of the sidewalk or street, nor shall any part of an awning or canopy extend more than seven feet from the front of the building to which it is fastened.
(Ord. passed - -, § 5.27) Penalty, see § 10.99