1.   Use. No building or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, moved or structurally altered except in conformity with the regulations of this chapter or amendments thereto, for the district in which it is located.

   2.   Height and density. No building shall hereafter be erected or altered so as to exceed the height limit, or to exceed the density regulations of this chapter for the district in which it is located.

   3.   Lot size. No lot shall be reduced in size so that the lot width or depth, front, side or rear yards, lot area per family or other requirements of this chapter are not maintained, except in cases of street widening.

   4.   Yard use limitations. No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.

   5.   One principal building on any lot. Every building hereafter erected, moved, or structurally altered shall be located on a lot of record and in no case shall there be more than one (1) principal building and its customary accessory buildings on any lot, except in the case of a specially designed complex of institutional, residential, or commercial buildings in an appropriate zoning district, as permitted by Article L of this chapter. Furthermore, no building shall be constructed or erected upon any lot which does not abut a public street by twenty-five (25) feet.

   6.   Necessary repairs permitted. Nothing in this chapter shall prevent the strengthening or restoration to a safe or lawful condition of any part of any building or structure declared unsafe or unlawful by the Building Inspector, the Fire Chief, or any other duly authorized city officials. (Ord. of 12-7-04, No. 37-02)

   After the effective date of this chapter, existing structures, or the uses of land or structures which would be prohibited under the regulations for the district in which it is located (if they existed on the adoption date of this chapter), shall be considered as nonconforming. Nonconforming structures or uses (as defined in Article A of this chapter) may be continued provided they conform to the following provisions. (Ord. of 12-7-04, No. 37-02)

   1.   Extension of use. The enlargement or extension of nonconforming uses of land are discouraged; however, a nonconforming use of land may be enlarged or extended once with the following provisions:

   a.   An application for a special use permit must be filed with the Board of Adjustment and a public hearing held. The application shall include a site plan with sufficient detail of the expansions and any alterations to be made.

   b.   Enlargement or alterations may not exceed twenty-five percent (25%) of the original floor area existing at the time of enactment of this chapter.

   c.   No nonconforming use may be enlarged or altered if the intensity of the current use will be increased substantially, as determined by the Board of Adjustment. In determining whether the degree of intensity is increased, the Board of Adjustment shall consider:

   (1)   Probable traffic increase of each use.

   (2)   Parking requirements of each use.

   (3)   Probable number of persons on the premises at a time of peak demand.

   (4)   Off-site impacts of each use, such as noise, glare, dust, vibration, or smoke and other impacts on surrounding properties or public health and safety.

   d.   No such nonconforming use shall be moved in whole or in part to any portion of the lot other than occupied at the time of enactment of this chapter.

   e.   Changing from one nonconforming use to another shall not permit expansion more than once.

   f.   All dimensional requirements of the district in which the nonconforming use is located must be met.

   2.   Change of use. Any nonconforming uses of land may be changed to a conforming use, or with the approval of the Board of Adjustment, to any use more in character with the uses permitted in the district in question.

   3.   Cessation of use. When a non-conforming use of land is discontinued for a consecutive period of one hundred eighty (180) days the property involved may thereafter be used only for conforming purposes. (Ord. of 12-7-04, No. 37-02; Ord. of 6-21-21, No. 41-21)

   1.   Extension of use. Nonconforming buildings and nonconforming uses may be enlarged provided the provisions of this section are met. Additionally, no nonconforming structure or use may be enlarged or altered in anyway which increases its dimensional deficiencies.

   2.   Change of use. The lawful use of a building existing at the time of the adoption of this chapter may be continued, even though such use does not conform to the provisions of this chapter. Furthermore, such building may be reconstructed or structurally altered and any nonconforming use therein changed subject to the following regulations:

   a.   The order of classification of uses from highest to lowest for the purpose of this section shall be as follows: residential district uses, business district uses, industrial district uses, as permitted by this chapter.

   b.   A nonconforming use may be changed to a use of higher classification but not to a use of lower classification. A nonconforming use may not be changed to another use of the same classification unless the new use shall be deemed by the Board of Adjustment, after public notice and hearing, to be less harmful to the surrounding neighborhood, than the existing nonconforming use.

   c.   A nonconforming commercial or industrial use may not be extended, but the extension of a use to any portion of a building, which portion is at the time of the adoption of this chapter primarily designed for such nonconforming use, shall not be deemed to be an extension of a nonconforming use.

   d.   Existing single-family residential structures in the business or industrial districts may be enlarged, extended or structurally altered or rebuilt, provided that no additional dwelling units result therefrom.

   3.   Cessation of use. If a nonconforming use is discontinued for a consecutive period of one hundred eighty (180) days, any future use of the buildings and premises shall be in conformity with the provisions of this chapter.

(Ord. of 12-7-04, No. 37-02)

   1.   Uses by right. Uses not designated as permitted by right or subject to additional conditions shall be prohibited. Special uses are permitted according to the additional regulations imposed. These special uses can be approved only by the Board of Adjustment. Additional uses when in character with the district may be added to the chapter by amendment.

   2.   Minimum regulations. Regulations set forth by this chapter shall be minimum regulations. If the district requirements set forth in this section are at a variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or higher standard shall govern.

   3.   Land covenants. Unless restrictions established by covenants for the land are prohibited by or are contrary to the provisions of this chapter, nothing herein contained shall be construed to render such covenants inoperative. (Ord. of 12-7-04, No. 37-02; Ord. of 6-21-21, No. 41-21)

   Any areas annexed into the City of Claremont, upon annexation, shall be rezoned to an appropriate zoning district, upon recommendation by the Planning Board and approval by the City Council and following notifications and public hearings as required by North Carolina General Statutes. When property that was previously assigned a municipal zoning classification by the City of Claremont because it was located within the extra-territorial jurisdiction prior to annexation, it will not be necessary to rezone the property. (Ord. of 12-7-04, No. 37-02)

   1.   On lots sixty (60) feet or less in width, alley access is required if on-site parking is provided.

   2.   In no case shall on-site residential parking extend into the public right-of-way, or into an easement for a public sidewalk on private property.

   3.   On-street parking at lot front, when specifically provided, may be counted toward all or part of the parking requirement of a dwelling unit.

   4.   Detached residential garages may only be placed in the established rear or side yard.

   5.   The gross floor area residential garages shall not exceed seventy-five percent (75%) of the gross floor area of the residence.

   6.   Vehicles used primarily for commercial purposes and with more than two (2) axles are prohibited from parking on streets, in driveways, or on private property in residential districts. This shall not be construed as preventing the temporary parking of delivery trucks, moving vans, and similar vehicles which deliver goods or services. (Ord. of 12-7-04, No. 37-02; Ord. of 4-4-16, No. 12-15)

   Where the owner of property consisting of one (1) or more lots of record in any district at the time of adoption of this chapter or his or her successor in title does not own sufficient contiguous land to conform to the minimum area and width requirements of this chapter, such property may be used as a building site, provided that the requirements of the district are complied with or a variance is obtained from the Board of Adjustment.

   Notwithstanding the foregoing, whenever two (2) or more adjoining vacant lots of record are in single ownership at any time after the adoption of this chapter and such lots individually have less area or width than the minimum requirements of the district in which such lots are located, such lots shall be considered as a single lot or several lots which meet the minimum requirements of this chapter for the district in which such lots are located.

   Every lot to be built upon shall abut, by at least twenty-five (25) feet, a public street or other public way, and no dwelling shall be placed or built upon a lot that does not abut upon a public street or other public way by the same distance except as provided in Section 9-3-34. (Ord. of 12-7-04, No. 37-02)

   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 one hundred (100) feet on either side of the proposed dwelling and on the same side of the same block and use district as such lot is less than the minimum required front yard depth. 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 (10) feet from the street right-of-way line, whichever is greater. (Ord. of 12-7-04, No. 37-02)

   The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, chimneys, smokestacks, conveyors, flag poles, masts, serials and similar structures except as otherwise noted in the vicinity of airports. Telecommunications towers shall adhere to the height restrictions of Article G. (Ord. of 12-7-04, No. 37-02)

   On a corner lot in any district no planting, structure, fence, wall or obstruction to vision more than three (3) feet in height shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line connecting points on said street lines each of which is twenty-five (25) feet in distance from the point of intersection. Utility poles and street signs shall be permitted if located in a non-obstructive position. (Ord. of 12-7-04, No. 37-02)

   In any residential district the side yard requirements for corner lots along the side street line shall have an extra width of five (5) feet. Accessory buildings shall have an extra width of five (5) feet added to the side yard setback requirement. In addition, no wall, fence, or shrubbery shall be erected, placed, planted, or maintained on any lot, which unreasonably obstructs or interferes with traffic visibility on a curve or street intersection. (Ord. of 12-7-04, No. 37-02)

   On any lot, accessory buildings shall be located in the rear yard (except as allowed in Section 9-3-27), shall not cover more than thirty percent (30%) of any required rear yard and shall be at least five (5) feet from any other building on the same lot and at least fifteen (15) feet from any buildings used for human habitation on adjoining lots. All parts of the building, including the footings and roof overhang, shall be a minimum of five (5) feet from any lot line; and further provided that in the case of corner lots such buildings or structures shall be set back at least twenty (20) feet from any side line right-of-way line. Accessory buildings shall be placed according to Article E. (Ord. of 12-7-04, No. 37-02)

   Existing landlocked lots within the residential zoning district, defined as a lot that does not abut a public street and therefore does not meet the requirements that the lot have a minimum frontage on a public street of twenty-five (25) feet, may nevertheless be developed for one (1) single family dwelling unit if the lot otherwise meets the zoning requirements of the zone in which the lot is located and provided that the lot has a recorded easement of ingress and egress to and from a public street which is appurtenant to the lot and which meets the following requirements:

   1.   A private easement with a minimum continuous width of twenty-five (25) feet is acquired from intervening property owners;

   2.   An easement with a minimum continuous width of less than twenty-five (25) feet may be permitted only in situations where an easement with a minimum continuous width of twenty-five (25) feet would create a nonconformity with respect to this chapter;

   3.   The recorded documents creating the easement shall specify that public service, utility and emergency personnel and vehicles shall have freedom of ingress and egress from the landlocked property;

   4.   The recorded documents shall also specify that public utilities (water, sewer, electricity, telephone, cable, etc.) may be located within the easement;

   5.   The recorded documents shall include a maintenance agreement specifying the party responsible for maintaining the easement and its traveled surface;

   6.   The easement must have an all weather surface of gravel, concrete or asphalt with a minimum continuous width of ten (10) feet to ensure access of public service, utility, and emergency personnel and vehicles;

   7.   Easements existing prior to the adoption of this chapter with widths less than twenty-five (25) feet may be used to access landlocked lots provided that such easements abut a dedicated street;

   8.   Subdivision of landlocked parcels will require a publicly dedicated street constructed to city standards and must meet all requirements of the city’s subdivision regulations. (Ord. of 12-7-04, No. 37-02)

   The purpose of this section is to implement the provisions of N.C.G.S. 160D-102 pursuant to which a statutory zoning vested right is established upon approval of a site specific development plan.

   1.   Definitions.

   a.   Approval authority. The City Council, Planning Board, Board of Adjustment, City Clerk, Zoning Administrator, or other board or official designated by this chapter as being authorized to grant the specific zoning or land use permit approval that constitutes a site specific development.

   b.   Site specific development plan. A plan of land development submitted to the City of Claremont for purposes of obtaining one (1) of the following zoning or land use permits or approvals:

   1.   Zoning permit as provided by this chapter.

   2.   Special use permit as provided by this chapter.

   3.   Variance as provided by this chapter.

   4.   Minor subdivision approval.

   5.   Major subdivision approval.

   6.   Notwithstanding the foregoing, neither a variance, a sketch plan, nor any other document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall constitute a site specific development plan.

   c.   Zoning vested rights. A right pursuant to N.C.G.S. 160D-102 to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan, provided that such development shall begin within two (2) years following issuance of the zoning vested right. Under the terms of this chapter, a two (2) year zoning vested right shall be established upon issuance of a zoning permit. (Ord. of 12-7-04, No. 37-02; Ord. of 6-21-21, No. 41-21)

   1.   Accessory uses and structures that are clearly related to and incidental to the permitted principal use or structure on the lot (Section 9-3-33).

   2.   Fences and walls. Fences consisting of masonry, rock, wire or wooden material and hedges may be installed on the boundaries of any residential lot, provided that the height of such fencing, walls or hedges shall be limited to a maximum height of five (5) feet between the street right-of-way line and the normal building line for that section adjacent to the street. Fencing, walls and hedges on all other boundaries of residential property shall be limited to a maximum of eight (8) feet in height. Retaining walls and required screenings shall not be subject to the above height requirements. (Ord. of 12-7-04, No. 37-02)

   All new driveways on city-maintained rights-of-way shall be a minimum of one-hundred (100) feet from the nearest street intersection, or as close to one-hundred (100) feet as possible without prohibiting access for that property onto at least one public right-of-way on which it fronts. (Ord. of 12-7-04, No. 37-02)

   New developments shall construct sidewalk along the public right-of-way if the property is within three hundred (300) feet of existing sidewalk on the same side of the right-of-way. If sidewalk already exists on the other side of the right-of-way, no new sidewalk is required. However, all new development on the south side of Centennial Boulevard shall construct sidewalk. All new sidewalks shall meet the following requirements:

   1.   Concrete sidewalks, minimum five (5) feet wide, shall be built along all street frontages of the lot according to city specifications (four (4) inches thick except at non-residential driveways it shall be six (6) inches thick). The sidewalk shall be separated from the street by a minimum four (4) foot wide planting strip unless on-street parking is provided. The planting strip width may be reduced when there is insufficient right-of-way on existing streets. (Ord. of 12-7-04, No. 37-02)

   A transportation impact study (TIS) may be required by the City of Claremont for any development or property that experiences a change in zoning classification after the effective date of this chapter and is projected to generate one thousand (1,000) daily trips. A TIS shall be required for all development that experiences a change in zoning classification after the effective date of this chapter and is projected to generate one thousand five hundred (1,500) daily trips. A TIS may be required by the City of Claremont for any redevelopment or change in use of an existing occupied development that has experienced a change in zoning classification after the effective date of this chapter that would generate one thousand (1,000) additional daily trips, and shall be required when the subject development is expected to generate one thousand five hundred (1,500) additional daily trips, subject to the exception set out below.

   When sufficient information on the proposed development is available for the City of Claremont to determine that the aforementioned criteria is met, a TIS shall be submitted with all preliminary plats, site plans, site plan revisions, and special use permit applications. The trip rates shall be based on trip generation rates contained in the latest edition of Trip Generation published by the Institute of Transportation Engineers or any local trip generation rates either published or approved by the City of Claremont. Additional trips shall be determined by subtracting the gross trip generation of the existing use from the gross trip generation of the proposed use. The additional trip calculation shall apply to property that is occupied at the time of submittal or has been occupied at any time prior to submittal.

   If a development or property experiences a change in zoning classification after the effective date of this chapter and special circumstances exist, the City of Claremont may require a TIS without regard to the expected trip generation of the development. Factors that would warrant such a requirement are:

   1.   There are existing levels of service deficiencies in the area of the proposed development. (“Level of Service” as defined in the Highway Capacity Manual - Transportation Research Board Special Report 209) and/or

   2.   Available accident data and/or operational and geometric factors indicate safety concerns.

   Notwithstanding the above, a TIS shall not be required if the property to be rezoned or developed has been the subject of a TIS within the previous three (3) years and the projected trip generation of the newly proposed development is equal to or less than the previous study performed and the trip distribution has not significantly changed. As a part of subdivision, site plan and driveway permit approval, the City of Claremont may require needed transportation improvements for the property requesting development approval; however, a TIS shall not be utilized as a means for staff to require the party developing the property to make needed transportation improvements remote from the property for which the TIS is submitted, nor shall identified deficiencies in level of service automatically preclude approval of the proposed development.

   The TIS shall address the proposed land use, the trip generation therefrom, site access, modal splits if appropriate, impacts on the transportation system from the proposed development, and physical improvements or enforceable management strategies to mitigate negative impacts. At a minimum, the TIS shall identify the improvements necessary to maintain Level of Service D for streets and intersections as defined in the Highway Capacity Manual - Transportation Research Board Special Report 209. Any TIS, whether required or voluntarily prepared, must be prepared by a licensed engineer in accordance with city guidelines. Additionally, the TIS should be reviewed and approved by city staff before being considered by City Council or any planning agency of the city.

   Developments/properties that have not experienced a change in zoning classification since the effective date of this chapter are not required to prepare a TIS as a part of their site plan approval. (Ord. of 12-7-04, No. 37-02; Ord. of 6-21-21, No. 41-21)