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, except as provided in this chapter.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021) Penalty, see § 153.999

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   All lots shall front on a public street. It is suggested, but not required, that garage doors not face or be visible from the public street, that garage doors not be more than ten feet wide, and if there are multiple garage doors, that there be at least 18 inches of separation between them.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   (A)   Accessory structures and/or necessary buildings shall not detract from nor interfere with adjacent properties. No accessory structure or building shall be constructed, erected, or located within any front yard, or within any side yard setback or rear yard setback.

   (B)   (1)   In addition, the following standards are established for accessory structures and accessory buildings:

         (a)   The maximum number of accessory buildings permitted on a lot shall be one;

         (b)   The maximum roof coverage area for accessory buildings shall be 750 square feet;

         (c)   The maximum height for accessory buildings shall be 25 feet;

         (d)   The accessory building must be screened by vegetation or other buffer as set forth in § 153.008;

         (e)   The accessory building must be located behind a line parallel to the rear of the principal structure on the lot;

         (f)   The accessory building must be designed in the same architectural style as the principal structure;

         (g)   Any accessory structure and/or accessory building shall be included in the calculation of allowable roof coverage and allowable impervious surface coverage on the lot pursuant to §§ 153.043 and 153.048; and

         (h)   Solar collectors shall be regulated in accordance with G.S. § 160D-914.

      (3)   Fences, gates, and walls shall be regulated in accordance with § 153.049 of this Zoning Ordinance.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021; Ord. 2025-01, passed 1-14-2025)

   Standards pertaining to home occupations are contained within the special use standards, specifically § 153.008(C)(5).

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   Sight distances at intersections must meet the standards for secondary roads established by the State Department of Transportation. On corner lots, no planting, structure, sign, fence, wall, or other obstruction shall be erected so as to interfere with the sight distance. In accordance with § 91.02(C)(2), the construction of curbing or obstructions across the town right-of-way is prohibited.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   Vacant structures, lots, and open spaces shall be maintained consistent with the surrounding neighborhood. All structures shall remain structurally sound. Vegetation shall be neatly trimmed and the accumulation of unsightly debris shall be prohibited.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   (A)   A small sign showing the name of the owner or occupant or the street number of a lot shall be permitted on any lot. Additional sign requirements, including real estate and construction company signs, are found in § 93.02.

   (B)   The design or layout of signs proposed for any special use shall be presented along with the development plan as specified in § 153.008(B).

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

      (1)   Any land-disturbing activity, such as grading projects or removal of natural vegetation, that involves the disturbance of 20% or more of the land area of any lot. Prior to commencing such activity in a public service district, any land-disturbing activity, such as grading projects or removal of natural vegetation other than routine maintenance, shall be subject to approval by the Town Board of Adjustment regardless of the area to be disturbed.

      (2)   Any residential construction activity that results in an addition of greater than 500 square feet of roof coverage.

      (3)   Any non-residential construction activity as defined in § 153.061.

   (B)   All landscape and grading plans shall demonstrate compliance with the town’s tree protection and preservation regulations as found in §§ 153.050 through 153.059 and § 153.061(C) for existing residential and non-residential tree maintenance and new construction activities, respectively.

      (1)   Prior to the commencement of any pre-construction land-clearing or soil disturbance, a pre-construction conference will take place between a representative of the town and the applicant to review procedures for protection and management of protected trees and other landscape elements identified in the approved landscape plan. The applicant will designate one or more persons responsible for ensuring the protection of new or existing landscaping elements to be preserved. The responsible person shall be present on site whenever activity is taking place that could damage or disturb such landscape elements, and will notify the Ordinance Administrator that such activity is taking place.

      (2)   The applicant shall provide the following at least seven days prior to the pre-construction conference.

         (a)   Approved landscaping plan, showing all protected and unprotected trees to be removed, and all replacement trees to be planted.

         (b)   Chart showing the quantity of trees, scientific species name, and tree designation (protected, unprotected, or tree of preference) and replacement quantities required.

         (c)   Final grading plan showing tree preservation limits and limits of disturbance.

      (1)   The town shall have developed sites inspected periodically to ensure work is conforming to the approved landscape plan and the applicable sections of this subchapter. Prior to the commencement of any pre-construction land-clearing or soil disturbance, the developer/contractor shall be required to sign a document agreeing to abide by the conditions stipulated in this subchapter. At the option of the town, a compliance bond may be required.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021; Ord. 2023-05, passed 10-9-2023)

   From the time of the adoption of this chapter, all special use development projects in the R-4 District that abut a residential lot or the other residential districts, shall provide a buffer strip that meets the requirements as outlined in § 153.063, “Buffer Strip and Screen Requirements."

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   (A)   Upon adoption of this chapter, accessory buildings used as dwelling units and occupied by a "family" (see definition in § 153.004) member shall be a conforming use. Such units occupied by a non-family member shall be nonconforming uses.

   (B)   (1)   The definitions and provisions of this chapter provide for this situation.

      (2)   Therefore, the following shall apply:

         (a)   An existing accessory building occupied at the time of adoption of this chapter by a non-family member can continue to be used for such purpose. If the unit occupied by a non- family member becomes vacant for more than 60 days (see § 153.036(C)(2)(c)4.), then such unit could only be reoccupied by a family member.

         (b)   New accessory buildings intended for use as dwellings shall only be occupied by a family member.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021; Ord. 2025-01, passed 1-14-2025)

 

         (a)   All motorized vehicles (including, but not limited to, cars, trucks, motorcycles, mopeds/scooters, golf carts) must be parked entirely upon a prepared driveway/parking surface (asphalt/pavement, concrete, pavers, gravel, pebbles) located on the lot or tract, or located on any adjoining lots or tracts, of the principal residence or structure. Parking on grassed areas, dirt/soil areas, mulched areas, landscaped areas, or any other natural areas of a lot or tract is expressly prohibited. This provision is applicable to all zoning districts within the town.

         (b)   Temporary parking (less than five hours per day) is excepted from the requirements of this section for vehicles operated by persons who are visiting the owners or occupiers of the residence.

         (c)   Nothing herein shall be deemed to modify or impact, in any way, the requirements found under § 153.071, “Recreational and Commercial Vehicle Storage."

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   (B)   If an owner has acquired contiguous or adjoining lots, and the terminology of the deeds or other instruments of conveyance expresses intent that the lots shall be joined together as one residential lot, the lots shall thereafter be considered as one residential lot and shall not be subdivided into individual lots. If an owner of contiguous or adjoining lots develops the lots together, locating a residence on such lot or lots, and has landscaped the same or located other improvements, structures, or amenities on the lots so that from the standpoint of utility or appearance the lots seem to constitute one residential site, then the property shall not thereafter be subdivided, nor revert back to individual, separate lots.

   (C)   Nothing herein shall preclude property owners from subdividing unimproved previously platted and recorded lots, so as to enlarge existing residential lots or building sites. This subdivided lot shall not thereafter be reestablished as a separate residential lot.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

         (b)   The maximum roof coverage assures the total size of buildings and structures is proportional to the size of the lot.

      (2)   The maximum roof coverage permitted is as follows:

The below table can also be used by simply rounding up or down to the nearest lot acreage. For lots larger than five and one-half acres or for exact MRC allowances for lots falling between points in the below table, the below equation shall be used as the definitive allowance.

 

      (2)   If the result is greater than 9,647, structures on the lot may have maximum roof coverage equal to the result produced by the multiplication.

   (C)   All structures exceeding the maximum roof coverage for the lot on which they are located shall require approval of a variance by the Board of Adjustment in accordance with the procedures and standards set forth in § 153.110(D).

   (D)   The equation which may also be used to calculate MRC is: MRC = 2823.5 LN (Acreage), where ‘LN’ is the natural logarithm mathematical function. This may be calculated using Excel, if needed.

(Ord. 2023-04, passed 7-1-2023)

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

         (a)   High-intensity flood or spot lighting of either the buildings or landscape features, neon. No flickering or flashing lights and all lighting shall be shielded such that light is not directed toward adjacent residential properties; and

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   (A)   The town is a unique community which is dependent on historic continuity with its past. It is within the public interest and general welfare of the town to regulate the exterior appearance of commercial structures, including the exterior materials and color used in constructing and reconstructing and painting buildings.

   (B)   Regulation of exterior materials and colors of these structures will provide protection of the aesthetic and historic character and preserve the economic stability of the town.

         (a)   All electric service equipment and sub-panels and all mechanical equipment, including, but not limited to, air-conditioning, pool equipment, fans and vents, utility transformers (except those owned and maintained by public utility companies), and solar panels, shall be painted to match the surrounding wall or roof color or painted or screened to blend with the surrounding natural terrain. Roof-mounted equipment and vents shall be painted to match the roof and/or adjacent wall color and shall be screened or integrated into the design of the structure.

         (b)   Roof-mounted equipment, including ventilators and satellite dishes, shall be completely screened from view (100% opacity) or isolated so as not to be visible from any public right-of-way or residential zoning district. Roof screens when used shall be coordinated with the building to maintain a unified appearance.

         (c)   1.   All electrical and mechanical equipment located at ground level shall be screened from view (100% opacity) or isolated so as not to be visible from the right-of-way of an arterial street or residential zoning district. Such screens and enclosures, when used, shall be coordinated with the buildings to maintain a unified appearance.

            2.   Acoustical buffering is required for all emergency generators to reduce the noise level as audible from the nearest residential dwelling to that of the standard commercial air conditioning compressor.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   (A)   The town is a unique community and it is within the public interest and general welfare of the town to regulate the site design and building form and mass encompassing all commercial structures.

   (B)   Site design shall include grading, surface water drainage, preservation and restoration of existing flora, all landscape features, including drives, walks, patios, freestanding walls, fencing, and plantings. Of particular concern is preservation of the streetscape; signs, lighting, trees and bushes alongside the public thoroughfare. Form and mass shall refer to size and shape of the commercial structures.

               a.   Exterior lighting shall be shielded and directed downward so that the light source (the actual bulb) is not visible from beyond the property line on which the structure is located.

               b.   Exterior lighting shall not project above the horizontal plane of the building.

               a.   The blue-white colors of florescent and mercury vapor lamps are prohibited.

               b.   Lamps emitting a color temperature in excess of 5,000 degrees Kelvin are prohibited.

               a.   The height of light fixtures shall be in proportion to the building mass and no more than 14 feet high.

               b.   When all businesses are closed, only a minimum of security lighting shall be maintained. Shielded spotlights may be used when highlighting trees, artwork, or other special landscape features. Lighting fixtures affixed to structures for the purposes of lighting parking areas shall be prohibited.

(Ord. passed 10-19-1983; Ord. passed 6-8-2021)

   (A)   (1)   The maximum percentage of a residential lot that can be devoted to impervious surfaces, as defined in § 153.004, is established to assure that the character of the town is preserved and to control stormwater and runoff directed to the streets and adjacent properties.

      (2)   The maximum impervious coverage is proportional to the lot size. The maximum area permitted is as follows:

 

   (B)   Lots on which new construction and/or development activity could cause the amount of impervious surface on the lot to exceed the amounts set forth above shall proceed with the proposed construction and/or development activity only if a variance for the increased impervious surface coverage is granted by the Board of Adjustment in accordance with the procedures set forth in § 153.110(D).

   (C)   The Board of Adjustment reserves the right to limit impervious surface coverage to prevent the unreasonable diversion of stormwater or surface water onto another property or properties or to the town streets.

   (D)   The equation which may also be used to calculate maximum impervious coverage (MIC) is: MIC= 8812.5 LN (Acreage), where ‘LN’ is the natural logarithm mathematical function. This may be calculated using Excel, if necessary.

(Ord. 2023-04, passed 7-1-2023)

   The following amendments to the Zoning Ordinance and subsequent regulations shall be placed on fence, gate, and wall construction and replacement as of the effective date of this section.

   (A)   New fences, gates or walls may be approved administratively with the issuance of a zoning permit, so long as the gate, fence or wall meets the following requirements.

      (1)   The fence, gate, or wall is constructed entirely within the rear yard, is not located in any side yard or rear yard setbacks, and is constructed of materials deemed acceptable in § 153.049(D).

      (2)   Mature vegetation or other buffering sufficient to screen the fence, gate, or wall from neighboring properties shall be required.

   (B)   A driveway gate and supporting columns may be approved administratively with the issuance of a zoning permit so long as it meets the following requirements:

      (1)   The driveway gate, including columns associated with the gate structure, shall not be located in the front yard setback or side yard setback of a property.

      (2)   The driveway gate shall not be more than eight feet in height.

      (3)   The driveway gate must provide access for emergency services and first responders. This may be done via a lockbox code, strobe or siren activation switch, or other method with demonstrated reliability.

      (4)   The driveway gate must open wide enough to provide for ingress and egress of emergency vehicles. The minimum acceptable standard is for the gate access to be 14 feet wide with a 14 foot minimum height clearance.

   (C)   Replacement of existing fences, gates, and walls shall be approved administratively with the issuance of a zoning permit so long as the replacement fence is constructed of materials deemed acceptable in § 153.049(D) and meets the requirements below. A zoning permit application to replace an existing fence, gate, or wall shall include a photograph of the existing fence or wall, specify the type of fence, gate, or wall, include a map or sketch depicting the height and length of the fence, gate, or wall and state whether the fence, gate, or wall is located within any setbacks.

      (1)   Existing chain link fences or gates shall not be replaced with new chain link fences or gates.

      (2)   Existing fences, gates, or walls in the front yard shall not be replaced. No new fences, gates, or walls shall be allowed in the front yard.

      (3)   Repair of more than half of an existing fence, gate, or wall shall be considered a replacement and shall be subject to this section.

      (1)   Wooden fencing or gates shall be of natural color or painted in a manner compatible with the residence and the lot.

      (2)   Non-wooden fencing and gates shall be black, dark green or brown and shall blend with surrounding trees or vegetation.

      (3)   No new chain link fencing or gates shall be allowed.

      (4)   Fences shall not exceed six feet in height except that fences designed to prevent deer or other wildlife from entering the property shall not exceed ten feet in height. Deer fences shall be constructed in accordance with North Carolina Wildlife Resources Commission standards for "Permanent Woven Wire Fencing" and "Permanent Solid-Wire Fencing." Copies of these standards are available at the Town Hall or at the following web address (https://www.ncwildlife.org/connect/have- wildlife-problem/tips-coexisting-wildlife/fencing-exclude-deer).

      (5)   Walls should be constructed of stone or similar material, and shall be compatible with the construction materials of the house located on the same property.

      (6)   When a fence, gate or wall is not properly maintained or fails to comply with condition(s) imposed by the town, the town may require the property owner to repair the fence, gate, or wall, or, remove the fence, gate, or wall at the property owner's expense. If the property owner fails to repair or remove the fence, gate, or wall, the town may remove the fence, gate, or wall and recover the cost of removal, including the cost of disposal, if any, from the property owner.

(Ord. passed 2-11-2020; Ord. passed 6-8-2021; Ord. 2025-01, passed 1-14-2025)