Belmont City Zoning Code
CHAPTER 3
GENERAL PROVISIONS
3.1 APPLICABILITY
3.2 LOT STANDARDS
- A.
- B.Every building erected, moved, or structurally altered shall be located on a lot conforming to the requireme0nts of the regulating district.
- C.Front yard and side yard setbacks for infill structures shall be equal to the average setbacks for all principal structures within 300 ft or one block length (whichever is greater). For the purpose of saving mature trees, or in the case of steep topography, increased setbacks may be administratively approved by the Planning Director.
- D.Mixed-use or non-residential buildings on corner lots shall be considered to have 2 front yards and shall utilize the minimum front setback for each façade. Residential structures may reduce the required side yard setback for corner lots upon approval of the Planning Director.
- E.Only one principal building and its customary accessory building(s) shall be located on any lot, except in appropriate districts that permit a lot to contain both residential and non-residential uses in one or more principal structures or within the same structure.
- F.Nothing in this Ordinance shall require any change in the plans, construction, or designed use of any building or structure for which a building permit was secured prior to the adoption of this Ordinance, providing the building permit remains valid.
- G.All non-residential structures on a lot shall have access available from a public street for use by service or emergency vehicles.
- H.All lots shall front upon a street built in accordance with CHAPTER 8. Generally, all buildings shall front directly upon a street in a manner that creates a public space that is conducive to pedestrian use and shall provide adequate facilities for all types of traffic, including motorists, pedestrians, bicyclists, and transit users, and including of all levels of ability, such as those in wheelchairs, the elderly and the young. With the provision of lane or alley access, lots may front upon a close or a square, but shall be of sufficient design to allow for the provision of emergency services.
- I.Up to 4 residential lots platted prior to August 7, 1995 may be accessed from a public street via a privately maintained easement with a minimum width of 35 ft for use by service or emergency vehicles.
Effective on: 1/1/1901
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3.3 IRREGULAR LOT SETBACKS
Front, side and/or rear yards on any irregularly shaped lots shall be determined by the Zoning Administrator with respect to adjacent homes, and the maintenance of street vistas. The determination will be based on the spirit and intent of this Ordinance to achieve an appropriate spacing and location of buildings and structures on individual lots.
Effective on: 1/1/1901
3.4 BLOCKS
- A.The provision of adequate building sites suitable to the special needs of the type of use contemplated, and adequate public open spaces accessible and visible to residents.
- B.District requirements and design criteria.
- C.Needs of non-vehicular (pedestrians and bicyclists) and vehicular traffic circulation and the control and safety of such traffic.
- D.Opportunities and constraints of topography, with convenient access to important physical and topographical features such as lakes and rivers, significant areas of trees and other natural features, and areas of high ground offering scenic views.
Blocks shall not be less than 200 feet nor more than 660 feet (1/8 mile), unless site and topography or other special circumstances are present as determined by the Planning Board and approved by City Council or if the street network serves only Suburban Residential and Rural Residential zones. Suburban Residential and Rural Residential blocks may not exceed 1056 feet (1/5 mile).
Blocks shall have sufficient width to allow 2 tiers of lots of minimum depth except where single tier lots are required to separate residential development from another type of use, or when abutting a perennial stream or lake.
(TA2022.06, passed 06/12/2023)
Effective on: 6/12/2023
3.5 TEMPORARY STRUCTURES/USES
The Planning Department may issue a temporary use permit for up to one (1) year only. At the end of one (1) year, the petitioner must file for another extension of up to one (1) year with the Planning Department. At that time, the petitioner must show that construction or plans for construction are proceeding in a diligent manner. The petitioner is allowed a maximum of two (2) extensions. The following temporary structures and uses shall be permitted:
3.6 USES NOT EXPRESSLY PERMITTED OR SPECIAL USES
Unless a use is allowed as a "permitted use", "use permitted with performance standards”, "special use”, "nonconforming use", or "temporary use", then such use is prohibited.
(TA2020.02, passed 05/04/2020)
Effective on: 5/4/2020
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3.8 CONTAINMENT AREAS FOR TRASH AND RECYCLABLES
All containment devices for trash and recyclables, including compactors, dumpsters, commercial roll-out bins, and areas for storing cardboard shall be located and designed so as not to be visible from the view of adjacent streets and properties and shall be placed in the side or rear yards only. All containment areas shall meet the following standards:
- A.All containment areas shall be enclosed to contain windblown litter.
- B.The enclosure shall be at least as high as the highest point of the compactor or dumpster.
- C.The enclosure shall be made of a material that is opaque at the time of installation and compatible with and/or similar to the design and materials of the principal building.
- D.All compactors and dumpsters shall be placed on a concrete pad that is large enough to provide adequate support, allows for positive drainage, and conforms to the Gaston County Health Department regulations governing compactor pads.
- E.The enclosure shall contain gates to allow for access and security.
- F.Dumpsters and compactors shall be located within the side or rear yard behind buildings and away from sidewalks or pedestrian circulation. Such locations should be accessible to service vehicles.
Effective on: 1/1/1901
3.11 SEDIMENTATION AND EROSION CONTROL
The developer shall cause all grading, excavations, open cuts, side slopes, and other land surface disturbances to be mulched, seeded, sodded, or otherwise protected. Temporary erosion and sedimentation control measures shall be placed in accordance with the approved Erosion Control Plan prior to any construction.
Erosion and sedimentation from land disturbance activities shall be controlled with silt fencing or any other method approved by the Code Enforcement Officer and the City Engineer to prevent siltation of adjoining parcels, lots, and streets.
Effective on: 1/1/1901
3.12 RESERVED
3.13 WATER AND SEWER PROVISIONS
- 1.Rural Residential (R-R); or
- 2.Suburban Residential (S-R) when:
- a.A developing subdivision opts out of City sewer service on individual lots one acre or greater in size prior to schematic plan approval, and agrees to the utilization of septic service as approved by Gaston County; or
- 3.General Residential (G-R) when:
- a.Property is located within the city’s extraterritorial jurisdiction (ETJ); and
- 1.Is an existing individual lot as of July 2018 located within a developed or developing subdivision currently serviced by well and/or septic service or
- 2.Is an existing individual lot as of July 2018 and has no feasible access to city water and/or sewer service as determined by the city’s utility director.
(TA2022.06, passed 06/12/2023)
Effective on: 6/12/2023
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3.5.1 CONSTRUCTION TRAILERS AND MOBILE SALES OFFICES
Construction trailers may be permitted on all non-residential construction developments and residential developments with ten (10) or more dwelling units. Construction trailers and mobile residential neighborhood sales offices shall adhere to all district setbacks and shall not be permitted on the lot more than thirty (30) days after the completion of the development or upon issuance of the final Certificate of Occupancy.
Effective on: 1/1/1901
3.5.2 TEMPORARY MANUFACTURED HOME USE
- A.
- B.The Planning Department shall have the authority to issue a zoning permit for such temporary use on a one-time basis only for a period of nine (9) months. Such permit may be renewed on a one-time only basis [for a period not to exceed nine (9) months] by the Planning Board if it is determined upon information submitted by the applicant that:
- 1.Construction of a new dwelling unit is proceeding with diligence; and,
- 2.The granting of this permit will not materially endanger the public, health, welfare or safety; and,
- 3.The location of the manufactured home on the site does not have a significant negative or adverse impact on the value of adjacent properties.
Effective on: 1/1/1901
3.5.3 TEMPORARY INSTITUTIONAL CLASSROOMS, HOUSING, AND OFFICES
Temporary structures may be authorized by special use permit for housing associated with an institutional use for a maximum of a one-year period. Request for a time extension requires approval by the city council.
(TA2020.02, passed 05/04/2020)
Effective on: 5/4/2020
3.5.4 TEMPORARY YARD AND GARAGE SALES
Effective on: 1/1/1901
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3.5.5 SALES OF CHRISTMAS TREES AND OTHER AGRICULTURAL PRODUCTS
These shall be allowed in all zoning districts. However, in a lot that contains a principal residential use, all such agricultural products sold shall be limited to those which are grown on premises.
Effective on: 1/1/1901
3.7.1 PARKING AREA RESTRICTED
Effective on: 1/1/1901
3.7.2 RECREATIONAL VEHICLES
Effective on: 1/1/1901
3.7.3 COMMERCIAL VEHICLES
No residentially developed lot may be used as the base of operation for any freight hauling truck.
(TA2022.01, passed 07/10/2023)
Effective on: 7/10/2023
3.9.1 GENERAL REQUIREMENTS:
| Accessory dwelling unit (see 3.10.1) | Pet shelter/enclosure | |
| Artist studio space | Parking | |
| Customary home occupation | Poolhouse | |
| Equipment enclosure | Sauna | |
| Temporary Family Health Care Structure (see Section 6.2.25) | ||
| Workshop | ||
- D.Accessory structures should be clad in materials of a similar nature to that of the principal structure and/or its trim.
- E.The building footprint of all accessory structures on a lot shall never encompass more than 25% of a rear yard as defined in CHAPTER 2.
- F.Approval of a special use permit is required for any proposed:
- a.Garage, carport, accessory dwelling unit, or combination thereof, in the front yard of a waterfront lot or a lot over one acre in size when the accessory structure meets the required front setback for the primary structure.
- b.Any accessory structure outside of the principal structure setback area that exceeds one story in height. Approval shall require installation of a Type A opaque buffer or other impact mitigation based on site specific conditions.
Effective on: 1/1/1901
3.9.2 LOCATION REQUIREMENTS:
Mechanical equipment (other than types listed within 3.9.2.C.), solar energy systems, outdoor storage, pet shelters, sheds, workshops, and other similar accessory structures shall be located only within the rear yard.
(TA2020.02, passed 05/04/2020; TA2023.02A, passed 01/02/2024; TA2024.03, passed 03/03/2025)
Effective on: 3/3/2025
3.9.3 HEIGHT AND SETBACK REQUIREMENTS:
- A.Accessory structures may be two (2) stories in height, not to exceed 26 feet, when observing the setback requirements for the principal structure (within the buildable area). (See Section 4.2 for principal structure setback requirements)
Otherwise, accessory structures must be one (1) story in height.
- B.Accessory structures outside the primary structure building area must meet the following rear and side setback requirements unless otherwise specified in CHAPTER 4:
3 ft. – lots 7,000 sq. ft. or less
5 ft. – lots over 7,000 sq. ft.
15 ft. – from the street-side or rear property line of corner lots
| FIGURE 1 |
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| FIGURE 2 |
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Effective on: 1/1/1901
3.9.4 SIZE AND NUMBER ALLOWED BY LOT ACREAGE:
| Lot Size | # allowed | Total SF (whichever is greater) |
|---|---|---|
| Under 7000 SF | 2 | 500 SF or 50% heated SF of primary structure (+200 SF if detached ADU on property) |
| 7000 SF- ½ acre | 2 | 700 SF or 50% heated SF of primary structure (+300 SF if detached ADU on property) |
| ½+ acre-1 acre | 2 | 900 SF or 50% heated SF of primary structure (+400 SF if detached ADU on property) |
| 1+ acre- 3 acres | 3 | 1800 SF or 50% heated SF of primary structure (+500 SF if detached ADU on property) |
| 3+ acres | 3 | 2400 SF or 50% heated SF of primary structure (+600 SF if detached ADU on property) |
| Lot Size | # allowed | Total SF (whichever is greater) |
|---|---|---|
| Under 7000 SF | 2 | 500 SF or 50% heated SF of primary structure (+200 SF if detached ADU on property) |
| 7000 SF- ½ acre | 2 | 700 SF or 50% heated SF of primary structure (+300 SF if detached ADU on property) |
| ½+ acre-1 acre | 2 | 900 SF or 50% heated SF of primary structure (+400 SF if detached ADU on property) |
| 1+ acre- 3 acres | 3 | 1800 SF or 50% heated SF of primary structure (+500 SF if detached ADU on property) |
| 3+ acres | 3 | 2400 SF or 50% heated SF of primary structure (+600 SF if detached ADU on property) |
| Lot Size | # allowed | Total SF (whichever is greater) |
|---|---|---|
| Under 7000 SF | 2 | 500 SF or 50% heated SF of primary structure (+200 SF if detached ADU on property) |
| 7000 SF- ½ acre | 2 | 700 SF or 50% heated SF of primary structure (+300 SF if detached ADU on property) |
| ½+ acre-1 acre | 2 | 900 SF or 50% heated SF of primary structure (+400 SF if detached ADU on property) |
| 1+ acre- 3 acres | 3 | 1800 SF or 50% heated SF of primary structure (+500 SF if detached ADU on property) |
| 3+ acres | 3 | 2400 SF or 50% heated SF of primary structure (+600 SF if detached ADU on property) |
| Lot Size | # allowed | Total SF (whichever is greater) |
|---|---|---|
| Under 7000 SF | 2 | 500 SF or 50% heated SF of primary structure (+200 SF if detached ADU on property) |
| 7000 SF- ½ acre | 2 | 700 SF or 50% heated SF of primary structure (+300 SF if detached ADU on property) |
| ½+ acre-1 acre | 2 | 900 SF or 50% heated SF of primary structure (+400 SF if detached ADU on property) |
| 1+ acre- 3 acres | 3 | 1800 SF or 50% heated SF of primary structure (+500 SF if detached ADU on property) |
| 3+ acres | 3 | 2400 SF or 50% heated SF of primary structure (+600 SF if detached ADU on property) |
Effective on: 1/1/1901
3.10.1. ACCESSORY DWELLING UNITS (ADU)
- 1.The street width can accommodate on-street parking and it is not otherwise prohibited by the city or the neighborhood; and
- 2.There exists no other practical alternative for the on-site parking space.
- 1.Setbacks for attached accessory dwelling units shall be the same as the principal structure.
- 2.The front entrance of an attached accessory dwelling unit may not share the same façade frontage as the principal dwelling.
If a detached ADU is located closer to the property line than its primary dwelling, additional landscape and/or fence screening in the form of a Type A opaque buffer may be required by the Planning Director or designee in order to protect the privacy of its occupants and those of the adjacent property. Appropriate screening will be determined during site plan review based on the number/size of window openings planned, proximity to the neighboring dwelling, and any existing landscaping and/or fencing already present on the site.
| FIGURE 3 |
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| FIGURE 4 |
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Effective on: 1/1/1901
3.10.2 POOLS (FOR SINGLE FAMILY HOMES)
The total pool area shall include all structures, and walks or patio areas of cement, stone, or wood, at or above grade, built for, and used in conjunction with the pool. The total pool area shall not exceed 45% of the combined required side and rear yard.
Pools shall be setback a minimum of 10 ft from all side and rear property lines. Patio areas at grade have no setback requirements from rear and side lot lines
Pools shall have the pool area, including any pool-related structure(s) and areas as defined above, enclosed by a fence with a minimum height of four (4) feet and a maximum height of eight (8) feet.
(TA2023.02, passed 07/10/2023)
Effective on: 7/10/2023
3.10.3 SATELLITE DISHES
- A.Satellite dishes shall be no larger than four (4) feet in diameter
- B.The maximum height shall be fifteen (15) feet unless the applicant can prove:
- 1.a less intrusive location is not possible and,
- 2.a higher location will improve reception
- C.The dish must be installed and grounded properly.
- D.Satellite dishes may not be located in front or side yards, unless otherwise dictated by the existing natural or built environment, or mounted on any front façade of a principal structure and shall meet all setbacks applicable to accessory structures.
- E.Satellite dishes shall not be located on a roof.
Effective on: 1/1/1901
3.10.4 SOLAR ENERGY SYSTEMS
- A.Solar Energy Systems (SES) that serve as an accessory use (Class 1 and 2 as defined in 2.2 Essential Services) must adhere to the following standards:
- 1.Roof-mounted SES are permitted, provided they comply with the overall height regulations of the supporting building type as established in Chapter 4.
- 2.Must comply with additional requirements as outlined in Chapter 6.2.9.
- B.Depending on the primary use of the property, the following regulations also apply:
- 1.Residential Uses
- a.Size, location, and lot coverage requirements shall be consistent with Chapter 3.9.
- 2.Commercial uses
- a.Size, location, and lot coverage requirements for commercial accessory uses shall be based on the primary structure's building form as defined in Chapter 4.
- b.See Chapter 6.2.9 for additional provisions.
(TA2024.03, passed 03/03/2025)
Effective on: 3/3/2025