The following standards shall apply to all accessory structures on lots used for residential purposes.

(A)

Location. Residential accessory structures may only be established behind the front building line of the residential structure with which they are associated. This standard shall not apply to residential accessory structures on lots exceeding two acres in size where the principal structure is located more than 150 feet from the street right-of-way, provided that the accessory structure is located no more than 30 feet in front of the front building line of the principal structure.

(B)

Setbacks. Residential accessory structures shall be set back at least ten feet from all side and rear property lines, except that when located adjacent to a street right-of-way, the accessory structure shall provide the minimum required principal building setback.

(C)

Height.

(1)

Residential accessory structures shall not exceed the height of the principal structure with which they are associated. This standard shall not apply to unenclosed canopies for the parking of recreational vehicles or to agricultural support structures in association with an established agricultural use. In no case, however, shall a residential accessory structure exceed the maximum height limit for principal structures in the district in which it is located.

(2)

Residential accessory structures exceeding 20 feet in height shall be set back from property lines by an additional one foot for each foot of height exceeding 20 feet.

(D)

Minimum separation. Residential accessory structures shall be separated from principal structures and other accessory structures by a minimum of ten feet.

(E)

Maximum area. On an lot smaller than three acres in size, the aggregate square footage of accessory structures shall not exceed 50 percent of the gross square footage of the principle dwelling.

The following standards shall apply to all accessory structures on lots used for nonresidential purposes. Accessory structures associated with industrial uses shall comply only with the minimum setback requirements.

(A)

Minimum separation. Nonresidential accessory structures shall be separated from principal structures and other accessory structures by a minimum distance of ten feet.

(B)

Minimum setbacks. Nonresidential accessory structures shall meet the minimum principal structure setback requirements of the district in which they are located.

(C)

Height. Nonresidential accessory structures shall not exceed the height of the principal structure with which they are associated.

(D)

Architectural design. Nonresidential accessory structures shall comply with any architectural design guidelines that are applicable to the principal structure with which they are associated and shall be designed in a manner that is substantially similar to the principal structure with which they are associated.

Unless otherwise explicitly exempted, all uses shall provide off-street parking in accordance with the standards of this section.

All uses shall provide the minimum number of off-street parking spaces as established in this subsection.

(A)

Exemption. Uses in the B-1 district, with the exception of assembly, lodging and educational uses, shall be exempt from the minimum parking requirements.

(B)

Cumulative requirements. The minimum parking requirements for a site or structure with multiple uses shall be the cumulative total number of spaces for each individual use.

(C)

Shared parking. Uses on a single site may share up to ten percent of their minimum required parking with other uses on the site or within the structure to meet the cumulative minimum parking requirement.

(D)

Minimum standards for certain uses. The following table establishes the minimum off-street parking requirements for certain uses. Uses not listed in the table shall comply with the provisions of (E) below.

Table 8-1: Minimum Parking Standards for Certain Uses

(E)

Minimum parking for unlisted uses. Uses which are not listed in the preceding table shall provide parking at a rate of one space per 300 square feet of gross floor area.

(F)

Alternative minimum parking standard. Unlisted uses, whose needs are lower than the established minimum in (E) above, may provide parking at a lower rate if a parking needs analysis is prepared and sealed by a registered professional engineer and submitted to the ordinance administrator as part of the application for development / use approval. Such analysis shall be consistent with the methodologies used in the preparation of the latest edition of the Institute of Transportation Engineers Parking Generation publication.

(A)

Applicability. These standards shall apply to all uses for which a greater number of parking spaces are proposed than are required by this section.

(B)

Exemptions. The following are exempt from the maximum parking requirements:

(1)

Single-family detached dwellings on individual lots

(2)

Uses providing ten or fewer parking spaces

(C)

Maximum parking ratio. No more than 150 percent of the minimum number of required parking spaces shall be provided unless a parking needs analysis has been prepared and submitted in accordance with (D) below. Handicapped accessible spaces shall be excluded from determining the maximum permitted parking ratio.

(D)

Alternative maximum parking standard. The maximum parking standard may be exceeded provided that a parking needs analysis is prepared and sealed by a registered professional engineer, and submitted to the ordinance administrator as part of the application for development / use approval. Such analysis shall be consistent with the methodologies used in the preparation of the latest edition of the Institute of Transportation Engineers Parking Generation publication.

The following standards shall apply to the design of all off-street parking areas with the exception of parking areas associated with single-family residential uses.

(A)

Parking lot surface requirements. All off-street parking areas shall be paved with asphalt or concrete. All surfaces shall be designed and constructed so that the pavement thickness and supporting base material are of a depth and composition that is necessary to support the type of use that each portion of a parking area is designed for.

(B)

Curbing required. All off-street parking areas containing ten or more spaces shall provide standard concrete curbing around the entire perimeter of the parking area, as well as around all landscape / planting areas.

(C)

Backing movements prohibited. Parking areas shall be designed in a manner that prevents vehicles from backing directly into a street.

(D)

Dimensional standards.

(1)

Each parking space shall have a minimum width of nine feet and a minimum length of 18 feet.

(2)

Up to 15 percent of the total number of off-street parking spaces provided may be designed for compact cars. Such spaces may have a width of seven and one-half feet. Where provided, such spaces shall be clearly identified for compact car use only by the use of pavement markings and/or signs.

(3)

Drive aisles within parking areas shall have a minimum width of 12 feet for one-way drive aisles and 24 feet for two-way drive aisles.

(E)

Accessible parking. Handicapped accessible parking spaces shall be provided in such locations, quantities and sizes as to meet the minimum standards of the North Carolina Building Code.

(F)

Striping and marking.

(1)

Each parking space shall be striped in accordance with the dimensional standards of this section.

(2)

Pavement markings shall be installed in sufficient quantities, types and locations to adequately direct traffic and regulate parking.

(3)

Materials used to stripe and mark parking areas shall be sufficiently durable to resist wear from the expected level of use of the parking lot.

(4)

Striping and markings which become worn or faded shall be replaced or rehabilitated promptly to ensure their visibility.

Uses which provide drive-through or drive-up service shall provide vehicular stacking in accordance with the following standards:

(A)

Restaurants with drive-through windows. Restaurants with drive-through windows shall provide a minimum of eight stacking spaces measured from the first service window.

(B)

Car washes.

(1)

Manual, self-service, car wash bays shall provide a minimum of one stacking space for each bay.

(2)

Automatic car washes shall provide a minimum of two stacking spaces for each drive-through lane.

(3)

Full service car washes shall provide a minimum of ten stacking spaces for each drive-through lane.

(C)

Banks. A minimum of three stacking spaces shall be provided for each full-service teller lane or automatic teller machine.

(D)

Automobile fuel pumps. Automobile fueling stations shall provide a minimum of one stacking space on each end of an island containing fuel pumps.

(E)

Other. All other drive-through or drive-up uses shall provide a minimum of three stacking spaces for each lane, window or bay.

Where provided, off-street loading spaces shall be designed and located in such a manner that they do not interfere with vehicular circulation or obstruct access to a customer entrance, sidewalk, parking space or solid waste storage area.

All development activity subject to this ordinance shall be undertaken in conformance with the comprehensive transportation plan adopted under the authority of G.S. § 136-66.2. Pursuant to G.S. § 136-66.10, where the comprehensive transportation plan indicates a future road improvement, the right-of-way required for such improvement shall be dedicated as part of the final development approval and density credits for such dedicated right-of-way shall be granted to the owner in accordance with statute.

The Town of Boiling Springs shall participate in the scoping and review of all transportation impact analyses required by NCDOT for driveway permits within the jurisdiction of this ordinance. Where improvements are required by NCDOT, such improvements shall be incorporated into the plans / permits / plats governing the proposed development, and final approval and occupancy certificates shall not be granted until such improvements have been installed or guaranteed in accordance with the standards of this Ordinance and NCDOT.

(A)

Nonresidential lots shall be permitted to have a single driveway access point to any adjoining right-of-way unless otherwise explicitly allowed.

(B)

Lots having more than 200 feet of frontage on a street may construct a second point of access, provided that there is a minimum of 100 feet of separation between the driveways

(C)

Lots under common ownership shall be considered a single lot of record for the purpose of managing driveway access.

(D)

In no case shall driveways serving nonresidential development be located within 50 feet of another nonresidential driveway unless this prohibition would deny direct street access to a site, in which case the separation shall be the maximum feasible distance.

Driveways shall be designed and installed in accordance with NCDOT standards or the provisions contained in the Town of Boiling Springs Standard Specifications and Construction Details applicable.

The standards of this section shall apply only to nonresidential and multi-family developments.

Where no sidewalk exists in the public right-of-way adjoining a development site, a public sidewalk designed and installed to the standards of NCDOT or the Town of Boiling Springs Standard Specifications and Construction Details, as applicable, shall be installed along the right-of-way adjoining the site.

An integrated pedestrian network consisting of sidewalks and paths that are separated from parking and drive aisles shall be installed within the interior of each development site. Such sidewalks and paths shall connect the principal structure(s) on the site to the exterior pedestrian network, parking areas, each structure on the site and to sidewalks on adjoining nonresidential sites.

The following minimum standards shall apply to all landscaping materials installed to comply with the requirements of this section.

(A)

Trees.

(1)

All trees planted to satisfy the requirements of this section shall have a minimum caliper of one and one-half inches and be a minimum of eight feet in height at the time of planting. Where multi-stem trees are proposed, such trees shall have a minimum of three stems and be a minimum of eight feet in height at the time of planting.

(2)

Canopy trees shall have a minimum mature height of 30 feet.

(3)

Understory trees shall have a mature height of less than 30 feet

(4)

Only understory trees may be utilized when tree planting is required within 20 linear feet of overhead utility lines.

(5)

Excluding street trees, no more than 40 percent of the trees installed on a particular development site shall be of the same species.

(B)

Shrubs.

(1)

All shrubs planted to satisfy the foundation planting requirements of this section shall have a minimum height of 18 inches at the time of installation and a minimum mature height of three feet.

(2)

All required shrubs within buffer planting areas shall be evergreen and shall have a minimum height of three feet at the time of installation and a minimum mature height of six feet.

(3)

No more than 25 percent of the shrubs installed on a particular development site shall be of the same species.

(A)

Generally. All plants shall be of the type and species appropriate for the climate and location being planted. All plant material shall be commercially produced and meet the minimum standards recognized by landscape professionals. In order to reduce the threat and impact of plant disease, multiple plant types and species shall be utilized on each site. Suggested plant lists are on file with the City of Kings Mountain.

(B)

Prohibited species. Invasive non-native species as listed by the North Carolina Invasive Plan Species for the Piedmont are prohibited plant material.

Existing vegetation located within the boundaries of required landscaping or buffering areas, or otherwise located in a manner that satisfies a planting requirement shall be counted toward the minimum requirements of this section.

Where landscaping material is installed in such a manner as to satisfy more than one landscaping or buffering requirement, such landscaping material may be counted toward the minimum standard for each requirement.

All landscaping materials installed to meet the requirements of this section shall be maintained in good condition in perpetuity, including proper pruning and irrigation. Dead or diseased landscaping material shall be removed and replaced during the next planting season when such material may be successfully installed.

The standards of this subsection shall apply to all newly constructed streets as well as to existing street frontages where new development is proposed. This shall not apply to the construction of a single-family dwelling on an individual lot on a street that was in existence prior to the division of the lot.

(A)

Street trees shall be planted along all street right-of-way at a rate of one canopy tree or two understory trees per 40 linear feet of street frontage. Canopy trees and understory trees may not be mixed along a street frontage.

(B)

Street trees shall be planted within 15 feet of the back of curb. Their location may be modified to avoid locations where such planting would be prohibited by an easement or interfere with utilities.

(C)

Where practical, street trees shall be installed between the sidewalk and the curb to buffer pedestrians from traffic.

(D)

The spacing of tree plantings may vary, provided that trees shall be installed with a minimum horizontal separation of 20 linear feet.

(E)

Live groundcover shall be established and maintained within street tree planting yards.

(F)

Where a plan adopted by the town specifies an alternate streetscape tree planting pattern, the standards and specifications of that plan shall apply to the street frontage, and the developer shall install street tree plantings in accordance with the adopted plan.

The standards of this section shall apply to all off-street parking areas containing ten or more automobile parking spaces.

(A)

Minimum shading requirements.

(1)

A minimum of one overstory tree is required to be planted per ten parking spaces provided. Multi-stem trees such as crepe myrtles shall not count toward the minimum planting requirement.

(2)

At least 50 percent of the required trees shall be planted within landscaped islands or medians located in the interior of the parking lot.

(3)

Each parking space shall be located within 60 feet of the trunk of a required tree.

(B)

Planting islands.

(1)

Planting islands shall have a minimum dimension of the parking spaces immediately adjacent to them.

(2)

Planting islands shall be protected by concrete curbing.

(C)

Live groundcover required. Parking lot landscaping areas shall be planted with live groundcover, except that up to 30 percent of the planting area may be covered with mulch, brick chips, stone or similar landscape materials.

Foundation plantings shall be required along all front building walls which are not directly adjacent to a sidewalk or pedestrian walkway. This standard shall not apply to buildings in the downtown design overlay.

(A)

Foundation planting areas shall extend a minimum of six feet from front and side building walls that are not adjacent to a pedestrian walkway.

(B)

Foundation planting areas shall contain a minimum of one understory tree and six shrubs per 50 linear feet of building wall.

Buffering is required to be provided between potentially incompatible land uses in accordance with the following standards.

(A)

Buffer yard types.

(1)

Type 1 buffer. Type 1 buffers shall have a minimum width of ten feet, and shall be planted with four understory trees and 20 shrubs per 100 linear feet.

(2)

Type 2 buffer. Type 2 buffers shall have a minimum width of 20 feet, and shall be planted with two canopy trees, four understory trees and 35 shrubs per one-hundred 100 linear feet.

(3)

Type 3 buffer. Type 3 buffers shall have a minimum width of 30 feet, and shall be planted with four canopy trees, 4) understory trees and 50 shrubs per 100 linear feet.

(B)

Installation location. Required buffers shall be installed along the length of side and rear property lines. Buffers shall extend perpendicularly from the property line into the interior of the site which is required to provide the buffer. Buffer yards associated with single family residential development shall be installed within a dedicated buffer easement.

(C)

Use of buffer yards. Buffer yards may be used to provide pedestrian trails or walkways, stormwater detention and similar passive uses, provided that all required plantings can be installed and maintained. No structures, other than fences or walls, may be established in a buffer yard. Where a fence or wall is installed in a required buffer yard, it shall be set back from the property line a sufficient distance to permit all of the required shrubs and at least 50 percent of the required trees to be installed on the external side of the fence or wall, and to permit the maintenance of installed landscaping.

(D)

Preservation of undisturbed vegetated areas. When an undisturbed vegetated area exists along a property line where a buffer yard is required, it may be substituted for the installation of a buffer yard if it meets the following:

(1)

The undisturbed vegetated area is equal in width to the width of the required buffer yard type.

(2)

The aggregate number and types of trees within the undisturbed vegetated area meets or exceeds the required number and types of trees for the required buffer yard.

(E)

Required buffers by district and use.

(1)

R-20, R-15, R-15TH and R-10 districts.

i.

Major Subdivisions. A Type 1 buffer yard shall be established around the perimeter of a major subdivision containing residential uses when it is developed adjacent to an existing nonresidential use or multi-family development containing more than 24 dwelling units which does not have an established buffer yard. Only those property lines or portions of property lines adjacent to the qualifying development are required to provide the Type 1 buffer yard.

ii.

Nonresidential and multi-family uses. Nonresidential and multi-family uses permitted in these districts shall provide a Type 2 buffer yard along all side and rear property lines that adjoin property that is zoned R-20, R-15, R-15TH, or R-10, or which is used for single-family residential purposes.

(2)

B-1, I-1 and O&CS districts.

i.

A Type 1 buffer shall be provided along all property lines, or portions of property lines, that are adjacent to property zoned or used for single family residential purposes.

ii.

A Type 1 buffer shall be provided along all property lines, or portions of property lines, which are adjacent to property in the B-2 or M-1 districts which has been developed, but which does not have an established buffer yard meeting the requirements of this section.

(3)

B-2 district.

i.

A Type 2 buffer yard shall be provided along all property lines, or portions of property lines, which are adjacent to property in the R-10, R-15, R-15TH, or R-20 district or adjacent to property which is used for residential purposes.

ii.

A Type 1 buffer yard shall be provided along all property lines, or portions of property lines, which are adjacent to property in the B-1, O&CS or I-1 district.

iii.

A Type 2 buffer yard shall be provided along all property lines, or portions of property lines, which are adjacent to developed property in the M-1 district which does not have an established buffer yard.

(4)

M-1 district.

i.

A Type 3 buffer yard shall be provided along all side and rear property lines which are not adjacent to other properties within the M-1 district.

The standards of this section shall apply to all nonresidential uses, as well as attached residential and multi-family developments consisting of more than four dwelling units.

(A)

Trash collection, trash compaction, recycling collection and similar service areas shall be located to the side or rear of buildings and must be screened from view from adjacent properties and public street right-of-way (not including alleys).

(B)

Screening shall be provided along all exposed sides of the service area. The method of screening shall be by a fence or wall of sufficient height to screen the enclosure.

(C)

Gates shall be maintained in good working order and shall remain closed except when trash pick-ups occur.

(D)

The wall and gate shall be compatible with the principal building in terms of material and color.

(A)

Exemptions. Free-standing or roof-mounted renewable energy systems are exempt from these screening requirements.

(B)

Roof-mounted equipment. Roof-mounted equipment shall be screened from ground level view from adjacent property or adjacent public street right-of-way by a parapet wall or individual screening walls.

(C)

Wall-mounted equipment.

(1)

Wall-mounted equipment shall not be located on any wall plane that directly faces a public right-of-way (excluding alleys).

(2)

Wall-mounted equipment located on any surface that is visible from a public right-of-way (excluding alleys) must be fully screened by landscaping or an opaque screen compatible with the principal building in terms of material and color.

(D)

Ground-mounted equipment.

(1)

Screening for ground mounted equipment shall be as high as the highest point of the equipment being screened.

(2)

Screening shall consist of landscaping or a fence or wall that is compatible with the principal building in terms of texture, quality, material and color.

(E)

Utility service areas.

(1)

Utility service equipment located outside of the public right-of-way that exceeds 36 inches in height and 36 inches in any other dimension shall be screened.

(2)

Screening shall consist of landscaping or a wall that is compatible with the principal building in terms of material and color.

(A)

Fences and walls may be installed in the required setback of any residential property.

(B)

In the required front setback of a residential property, the height of fences and walls shall be limited to a maximum height of four feet.

(C)

Fencing in all other setbacks of a residential property shall be limited to a maximum height of six feet.

(A)

Fences and walls may be installed in the required setback of any nonresidential property.

(B)

Fences and walls shall not exceed six feet in height when located within ten feet of a street right-of-way or eight feet in height in other locations.

(A)

These regulations do not apply to lighting installed in the public right-of-way by the Town of Boiling Springs or another government agency.

(B)

The installation of site lighting, replacement of site lighting and changes to existing light fixture wattage, type of fixture, mounting or fixture location shall be made in strict compliance with the standards of this section.

(C)

Routine maintenance, including changing the lamp, ballast, starter, photo control, fixture housing, lens and other required components, is permitted for all existing fixtures.

(A)

Lighting fixtures shall not be oriented so as to direct glare or excessive illumination onto adjacent properties, streets or sidewalks.

(B)

Electric service connections for all freestanding lighting fixtures must be installed underground.

(C)

Freestanding light fixtures associated with nonresidential uses, other than sports fields, shall not be mounted higher than 20 feet.

(D)

Light fixtures located within 50 feet of the property line of a property that is zoned or used for residential purposes shall not be mounted higher than 15 feet.

(E)

Floodlights or spotlights, whether freestanding or mounted to a building, may not be used to illuminate a parking area.

(F)

All light fixtures shall be full cutoff style fixtures, with the exception of architectural lighting and lighting installed to illuminate sports fields.

(A)

Architectural fixtures shall be selected, located, aimed and shielded so that direct illumination is focused exclusively on the building facade, landscape plantings and other intended site features and away from adjoining properties and the street right-of-way.

(B)

Only lighting used to accent architectural features, landscaping or art installations may be directed upward, provided that the fixture is located, aimed and shielded in a manner that minimizes light spill into the night sky.

These standards shall apply to all nonresidential buildings located on NC Highway 150, SR 1003, or SR 1161, that are constructed or altered following the effective date of this ordinance. The alteration of existing buildings shall be subject to the nonconforming architectural features standards of this ordinance.

(Ord. of 5-2-23)

All buildings subject to this regulation shall conform to the exterior building materials standards established in subsection 10.1.4(D) and the exterior building color standards in subsection 10.1.4(E).

All occupiable structures within the corporate limit that are required by the North Carolina Building Code to have domestic water and wastewater service shall be connected to the public water distribution and wastewater collection system. Connections to the water system shall be made in accordance with the Town of Boiling Springs infrastructure specifications. Connections to the wastewater collection system shall be made in accordance with the standards and specifications of the Town of Boiling Springs. Extensions of the Town's water and wastewater systems shall be approved, constructed, inspected and warrantied in the same form as required for infrastructure installed for subdivisions.

Wire utility service lines associated with nonresidential and multi-family development containing four or more dwelling units, including telephone, electric, cable and similar service lines shall be installed underground.