This chapter shall be known as and cited as "The Zoning Ordinance of the Town of Dallas, North Carolina."

(Ord. passed 11-3-1970; Am. Ord. passed 7-3-1972)

   For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. All words used in the present tense shall include the future tense; all words in the singular number shall include the plural number and all words in the plural number shall include the singular number unless the natural construction of the wording indicates otherwise; USED FOR shall include the meaning DESIGNED FOR; STRUCTURE shall include the word BUILDING; LOT shall include PLOT and TRACT; and the word SHALL is mandatory.

   ADAPTIVE REUSE OF HISTORIC BUILDINGS. The reuse of an historic building for purposes other than those for which the building was originally designed and constructed while retaining its historic features.

   ALLEY. A public thoroughfare other than a street, which affords a secondary means of access to an abutting property and which has a right-of-way of not less than 20 feet and not more than 40 feet in width.

   APARTMENT. A dwelling unit in a multiple dwelling intended for use as a single- family residence.

   BASEMENT. An underground or partly underground story. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between its ceiling and the average level of the adjoining ground is more than five feet.

   BOARDING OR ROOMING HOUSE. Dwelling unit not occupied by owner of premises where rooms are rented or meals served for compensation.

   BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is located. In a residential district any structure containing a dwelling unit shall be deemed to be the principal building on the lot on which it is located.

   CHILD CARE FACILITIES.

      (1)   CHILD DAY CARE CENTER. An establishment in which care is provided on a fee basis for children ranging from preschool age and above.

Children are left at the facility and picked up at a designated time later that day. Such a facility can be a principal or accessory use, in accordance with the regulations of this chapter.

      (2)   CHILD DAY CARE CENTER, ACCESSORY.  A child day care facility located on the premise of an office use, institutional use, commercial use, industrial use, or any other unified development for the primary purpose of providing child care for the children of employees of such commercial, office, institutional, or industrial use. Consideration shall be given to the safe access of clients entering and leaving said premises.

      (3)   CHILD DAY CARE A. A day care center that is run by a church or school. Enrollment limits would be determined by State of North Carolina licensing requirements, as applicable. The day care center may be located on the grounds of the church or school or on a piece of property owned by said church or school as long as the facility is within 500 linear feet of the church or school operating the day care center.

      (4)   CHILD DAY CARE B. A detached single-family residence having child care arrangement in which five or fewer children, per shift, less than 13 years of age receive such service away from their primary residence by persons other than their parents, grandparents, aunts, uncles, brothers, sisters, first cousins, legal guardians, or full time custodians, or in the child's primary residence where unrelated children are in care.

      (5)   CHILD DAY CARE C. A detached single-family residence having child care arrangement in which no fewer than six nor more than 12 children less than 13 years of age receiving such service away from their primary residence by persons other than their parents, grandparents, aunts, uncles, brothers, sisters, first cousins, legal guardians, or full time custodians, or in the child's primary residence where unrelated children are in care.

   The following table will label the current zoning districts of the Town of Dallas and illustrate the allowed uses accordingly. However, due to the plethora of zoning districts within the town, commercial shall connote all business districts, which include office use, neighborhood business use, central business use, etc. Institutional shall mean schools, churches, etc. Industrial shall imply the I-1 and I-2 districts that allow manufacturing. Residential shall signify R-12, R-10, R-8, and R-6 districts. The letters (P) shall represent permitted use, (C) shall represent conditional use, and (H) shall represent home occupation.

 

 

   COMMUNICATION TOWER. A monopole or single pole structure that supports a platform (that portion of the tower system that supports directional, transmission and receiving antennas) and cellular antennas that complies with the requirements of §§ 153.090 and that is part of the cellular system authorized by the Federal Communication Commission. Auxiliary ground electronic equipment and its necessary housing is permitted as part of this use. A tower must be placed in active use by a cellular carrier (a wireless communication service provider) immediately upon erection and remain in active use to be deemed a COMMUNICATION TOWER. In addition to cellular service, a communication tower may also include emergency communication systems antennas. Antennas and supporting structure used exclusively for HAM or amateur radio purposes shall not be deemed COMMUNICATION TOWERS, and shall be an allowed accessory use in all districts other than B-3 Central Business, provided they are a total of no more than 100 feet in height and that, at a height of 50 feet, have a maximum horizontal measurement of 18 inches.

   ELECTRONIC GAMING OPERATIONS. Any business enterprise, whether as a principal or accessory use, where persons utilize one or more electronic machines, including but not limited to computers and gaming terminals, to conduct games including but not limited to sweepstakes, lotteries, and/or games of chance, and where cash, merchandise, or other items of value of such distribution is determined by electronic games played or by predetermined odds, which have a finite pool of winners. The term includes, but is not limited to internet sweepstakes, video sweepstakes or cybercafes. This definition does not include any lottery endorsed, approved or sponsored by the State of North Carolina, or arcade games of skill.

      (1)   The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the character of the district of which it is a part.

      (2)   Use of the dwelling for this purpose shall be limited to 25% of one floor of the principal building.

      (3)   The home occupation shall be confined entirely to the principal building, and no accessory building or outside storage shall be used in connection with the home occupation.

      (4)   Employment shall be limited to members of the family and one employee must reside in the dwelling. In no case shall more than two members of the family be engaged in home occupation.

      (5)   No internal or external addition, alteration or remodeling of the dwelling is permitted in connection with the home occupation.

      (6)   Chemical, mechanical, or electrical activities that creates odors, light emission, noises, or interference in radio or television reception detectable outside of the dwelling shall be prohibited.

      (7)   No display of products shall be visible from the street, and only articles made on the premises may be sold;

      (8)   Instruction in music, dancing and similar subjects shall be limited to two students at a time.

      (9)   Only vehicles used primarily as passenger vehicles (i.e., passenger automobiles, passenger vans and passenger pick-up trucks) shall be permitted in connection with the customary home occupation. No more than two vehicles shall be used in conjunction with the customary home occupation. No on-street parking shall be allowed. Parking in association with the customary home occupation shall only take place in the driveway, carport or garage.

      (10)   The activity conducted as a home occupation shall be limited to the hours between 8:30 a.m. and 8:30 p.m.

      (11)   One sign may be used to identify the customary home occupation. Such sign shall not exceed one and one-half square feet in area. No such sign shall be illuminated. Signs are also permitted on vehicles associated with the customary home occupation (also see division (9)).

      (12)   The following uses are permitted as customary home occupation:

         (a)   Accountant.

         (b)   Appraiser.

         (c)   Architect.

         (d)   Attorney.

         (e)   Beauty salon, barber shop. Limited to two chairs; all parking provided off-street and must meet respective state Board's requirements.

         (f)   Bookkeeper.

         (g)   Broker or agent: real estate, insurance, etc.

         (h)   Clock/watch repair.

         (i)   Commission merchant (Craig's list, Ebay, One Man's Junk, etc.). Mailing address and office only; takes order only; direct shipment factory to customers only; no stock in trade permitted.

         (j)   Computer and data processing.

         (k)   Contractor's office. Employees may not report in person to contractor's home for work assignments or to do work therein connected with the contracting business. No storage of supplies or equipment permitted.

         (l)   Consultant (financial, marketing, business, etc.).

         (m)   Dance studio.

         (n)   Detective.

         (o)   Drafting service, blueprint. No reproduction equipment permitted.

         (p)   Dressmaker, tailor, alterations. No manufacture for stock in trade. No cleaning dyeing, or pressing by mechanically operated equipment,

         (q)   Engineer.

         (r)   Fine arts studio. Creation of individual works of art only; no production works.

         (s)   Insurance agent.

         (t)   Interior decorator. Office and mailing address only; studio not permitted,

         (u)   Janitorial service office. Employees not to report in person to home for work assignments.

         (v)   Landscape garden office. Employees not to report in person to home for work assignments. No storage of supplies or equipment for the landscape business permitted.

         (w)   Mail order business. Office and mailing address only; take orders only direct shipment from the factory to customers only; no stock in trade permitted in the residence.

         (x)   Music recording studio. No sound audible from outside the residence is allowed.

         (y)   Music instruction or tutoring voice or instrument. No more than two students at one time.

         (z)   Photography studio.

         (aa)   Professional planner (weddings, special events, held off-site only).

         (bb)   Tax Preparation, CPA, Financial advisor/investor.

         (cc)   Travel agent.

         (dd)   Tutoring and classroom instructions, craft related (knitting, crocheting, jewelry making, etc.), limited to five persons per class.

      (13)   The Development Services Director shall have the authority to allow a customary home occupation that is not listed above, provided the Director determines that the proposed use will be in harmony with all existing and potential nearby residential uses and meets all the criteria associated with the customary home occupation listed herein.

      (14)   A special permit issued by the Development Services Director is required for the conduct of any home occupation. The fee for such special permit shall be $50. A special permit for a home occupation is not transferable. A new permit must be applied by each applicant and shall be subject to a new permit fee of $50.

      (16)   According to Town of Dallas Code § 10.99, General Penalty, any person, firm or corporation violating any of the provisions of any section or division of this code of ordinances for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall be subject to a fine not to exceed $500, and each day that any of the provisions of this code of ordinances are violated shall constitute a separate offense.

   HOTEL. A building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transients or permanent guests or tenants having or not having one or more dining rooms, restaurants or cafes where meals or lunches are served to such transients or permanent guests, steeping accommodations, restaurants or cafes as existing being conducted in the same building in connection therewith.

   LOT. A parcel of land in single ownership occupied or intended for occupancy by a building together with its accessory buildings including the open space required under this chapter. For the purpose of this chapter LOT shall be taken to mean any number of contiguous lots or portions thereof, upon which one or more main structures for a single use are to be erected.

   LOT, CORNER. A lot abutting upon two or more streets at their intersection.

   LOT, DEPTH. The depth of a lot, for the purpose of this chapter, is the distance measured in the mean direction of the side lines of the lot from the midpoint of the front lot line of the side lines of the lot from the midpoint of the front lot line to the midpoint of the opposite main rear line of the lot.

   LOT, INTERIOR. A lot other than a corner lot.

   LOT, THROUGH. An interior lot having frontage on two streets,

   LOT FRONT. The portion of a lot abutting the street right of way

   LOT OF RECORD. A lot being a part of a recorded subdivision or being described by metes and bounds in a deed recorded in the Gaston County Registry.

   LOT WIDTH. The horizontal distance between the side lot lines at the front building line measured parallel with the front lot line.

   MANUFACTURED HOME. A dwelling unit that:

      (1)   Is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for One-Family and Two-Family Dwellings;

      (2)   Is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis; and

      (3)   Exceeds 40 feet in length and eight feet in width.

   MANUFACTURED HOME, CLASS A. A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U. S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria.

      (1)   Consists of two or more sections;

      (2)   Has a minimum of 960 square feet of heated floor space;

      (3)   Is placed on a continuous permanent masonry unpierced except for required ventilation and crawl space door;

      (4)   The moving hitch, wheels and axles shall be removed after placement and before occupancy;

      (5)   The exterior materials shall be of a color, material and scale comparable to those existing in the immediate vicinity and in no case shall the degree of reflectivity of exterior finishes exceed that of gloss white paint;

      (6)   Roof pitch of the main structure shall have a minimum vertical rise of one foot for each five feet of horizontal run;

      (7)   The main portion of the structure when viewed from the front lot line., shall have a building length not exceeding four times the building width;

      (8)   The roof shall be finished with a type of shingle that is commonly used in standard residential construction; and

      (9)   The roof shall have an overhang extending at least ten inches from each vertical exterior wall.

   MANUFACTURED HOME, CLASS B. A manufactured home constructed after July 1, 1976. that meets or exceeds the standard promulgated by the U. S. Department of Housing and Urban Development that were in effect the time of construction, but which does not meet the definition of a Class A manufactured home.

   MANUFACTURED HOME, CLASS C. A manufactured home that does not meet the definition of either a Class A or a Class B manufactured home.

   MICROBREWERY.

      (1)   A facility for the brewing of beer (malt beverages) that produces less than 15,000 US barrels per year. Such a facility may include:

         (a)   A tasting room;

         (b)   Space for the purchase and consumption on the premises of facility product (beer) as well as incidental sale of other beer and wine products produced elsewhere and prepared food for consumption on site;

         (c)   Sale of facility product in packaged containers (either prepackaged or refillable containers) intended for lawful consumption off-premises;

         (d)   Sale of items incidental to the microbrewery such as mugs, souvenirs and similar items related to and/or advertising the business;

         (e)   Space for the hosting of private events such as weddings, reunions, anniversaries and birthday and similar private parties.

      (2)   These spaces may be separated into distinct spaces or share the same space, subject to law; however, when spaces are used for private events, such private event spaces shall not, at the same time, be open to non-guests or the general walk-in public. Mobile prepared food vendors may also vend on the same lot as a microbrewery. Any microbrewery shall operate fully within laws of the State of North Carolina for the regulation of alcoholic beverages.

   MODULAR HOME. A dwelling unit constructed in accordance with the construction standards of North Carolina Uniform Residential Building Code for One- and Two-family Dwellings and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly and placement on a continuous permanent masonry foundation unpierced except for required ventilation and crawl space door. Without limiting the generality of the foregoing, a MODULAR HOME shall consist of two or more sections transported to the site of each own chassis or steel frame, or a series of panels or room sections transported to tie site on a truck and erected, assembled, or joined there.

   MOTEL. A series of attached, semi-attached, or detached apartments containing bedroom, bathroom, and closet space, and permitting approved cooking facilities, with each apartment having individual entrances leading directly from the outside of the building.

   NON-CONFORMING BUILDING OR STRUCTURE. A building or structure lawfully constructed prior to the passage of this chapter, or an amendment thereto, which does not conform to the dimensional requirements, setback requirements, or other requirements except use for the zone in which it is located.

   NON-CONFORMING USE. A lawful use of land, building or structure existing at the time of the passage of this chapter, or an amendment thereto which does not conform to the use regulations for the zone in which it is located.

   PARKING SPACE. The standing storage space for one automobile plus the necessary driveway access spaces. The standing storage space shall not be less than 9 feet by 18.5 feet unless the parking is done by employee attendants.

      (1)   SIGN, AIR BLOWN. A balloon or other air-borne flotation device, (“wind dancers”), which is tethered to the ground or to a building or other structure and directs attention to a business, commodity, service, entertainment sold or offered or special event or sale. Windblown or inflated signs fluttering, spinning, windblown or inflated devices including pennants, propeller discs.

      (5)   SIGN, CHANGEABLE COPY. Any sign designed so that letters or numbers attached to the sign can be periodically changed to indicate a different message.

   STORY, HALF. A story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

   STREET. A public thoroughfare or road which has been dedicated to public use and accepted for maintenance by the town or the North Carolina State Highway Commission or which has been improved to the standards necessary for acceptance by the town or the North Carolina State Highway Commission, whichever may be appropriate.

   STRUCTURAL ALTERATIONS. Any change, except for repair or replacements in the supporting members of a building such as bearing walls, columns, beams, or girders.

   TOURIST HOME. Any dwelling occupied by the owner or operator in which rooms are rented to transients.

   TRAILER. Any vehicles mobile home, house car, or any portable or movable vehicle so designed that it is or may be mounted on wheels, skids, rollers, or blocks, either self-propelled or propelled by any other means, which is used or designed to be used for residential living, sleeping commercial or utility purposes, but not including those vehicles designed primarily for the transportation of goods, nor those vehicles used solely as camping trailers having a length of less than 25 feet.

   TRAVEL TRAILER. A structure that is:

      (1)   Intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and

      (2)   Is designed for temporary use as sleeping quarters, but that does not meet the definition of a manufactured home.

   TRAILER CAMP. Any park, trailer park, trailer court, court, camp, site, lot, parcel, or tract of land designed maintained, or intended for the purpose of supplying a location or accommodation for any trailer, and shall include all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the trailer camp and its facilities or not. TRAILER CAMP shall not include trailer sales lots on which unoccupied trailers are parked for purposes of inspection or sales.

   TRANSPORTATION TERMINAL. A base of operations for a common carrier, including freight and passenger stations, docks, loading ramps, yards, storage sheds, management offices, equipment and maintenance facilities.

   USES, PERMITTED. Functions for which property may be utilized, including incidental applications not provided for in that zone and not inconsistent with the primary use.

(Ord. passed 11-3-1970; Am. Ord. passed 1-11-1972; Am. Ord. passed 7-3-1972; Am. Ord. passed 12-13-1983; Am. Ord. passed 5-12-1987; Am. Ord. passed 12-13-1993; Am. Ord. passed 7-9-1996; Am. Ord. passed 5-11-1999; Am. Ord. passed 11-13-2001; Am. Ord. passed 6-12-2012; Am. Ord. passed 7-8-2014; Am. Ord. passed 12-8-2015; Am. Ord. passed 7-12-2016; Am. Ord. passed 9-27-2016; Am. Ord. 10-11-2016; Am. Ord. passed 3-12-2018; Am. Ord. passed 7-9-2019; Am. Ord. passed - - ; Am. Ord. passed 8-9-2022; Am. Ord. passed 12-13-2022)

   Except as hereinafter provided:

   (A)   It shall be deemed unlawful to erect, construct, reconstruct, alter, maintain, expand, move or use any building, structure or sign or engage in development or subdivision of land contrary to the provisions of this chapter and in conformity with the regulations herein for the zone in which it is located. Any of the following shall be a violation of this chapter and shall be subject to the remedies and penalties provided for in this chapter:

      (1)   To place any use, structure, or sign upon land that is subject to this chapter without all of the approvals required by this chapter.

      (2)   To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure or sign, or to engage in development or subdivision of any land contrary to any zoning, subdivision, sign or other regulation contained in this chapter.

      (3)   To engage in any subdividing, development, construction, remodeling or other activity of any nature upon land that is subject to this chapter without all of the approvals required by this chapter.

      (4)   To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity.

      (5)   To violate, by act or omission or otherwise, any term, condition, or qualification placed by a decision-making body upon any permit or other form of authorization.

      (6)   To reduce or diminish any lot area so that the setbacks or open spaces shall be smaller than prescribed by this chapter.

      (7)   To increase the intensity of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this chapter.

      (8)   To accommodate or house a greater number of families than is allowable in the prescribed zoning district.

      (9)   To fail to perform any act as required, or the performance of any act is prohibited, or a failure to comply whenever any regulation or limitation is imposed on the use of land and water, or on the erection of a structure

      (10)   To remove, deface, obscure or otherwise interfere with any notice required by this chapter.

      (11)   To otherwise undertake any development or to establish any use in a manner which does not comply with this chapter.

   (B)   Enforcement of this section shall be in compliance with § 150.22 “Enforcement of Zoning Regulations.”

      (1)   All violations of this section shall subject the offender to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the chapter, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent jurisdiction as outlined in § 153.999.

      (2)   Each day's continuing violation shall be a separate and distinct offense, and is subject to penalties as outlined in § 153.999.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3-1972; Am. Ord. passed - - )

   Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one principal building and its customary accessory buildings on a lot.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972)

   (A)   No lot shall be reduced in size so that lot area, lot width, yard requirements, lot area per dwelling unit, or other requirements of this chapter are not maintained.

   (B)   No dwelling shall be erected on a lot which does not abut a public street or alley for a distance of at least 40 feet or which does not have access to a public street over a valid recorded easement of at least 20 feet in width.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972; Am. Ord. passed 2-10-1998)

   (A)   In any zone in which residences are permitted, where a lot has an area or width of less than the required area or width and was a lot of record at the time of the adoption of this chapter, said lot may be occupied by a single- family dwelling, provided that the minimum front and side yard requirements for the zone in which it is located are met.

   (B)   In office and institutional zones, where a lot has an area or width of less than the required area or width and was a lot of record at the time of the adoption of this chapter, said lot may be occupied by any permitted use, provided all requirements of the zone are met.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972)

   The following provisions shall be considered supplementary to or modifications of all other yard requirements set forth in this chapter.

   (A)   Yards and other buildings. No part of a yard or other 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.

   (B)   Front yard. In residential and in office and institutional zones where lots comprising 25% or more of the frontage on the same street and within the same block and zone district are developed with buildings having an average front yard with a variation in depth of not more the eight feet, no building hereafter erected or structurally altered shall project beyond the average front yard so established; provided, this section shall not be so constructed as to require a front yard depth of more than 45 feet; provided, further, that no front yard depth need exceed the average provided for the two adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart.

   (C)   Side yards on corner lots. In residential zones the minimum width of the side yard along an intersecting street shall be one-half the required front yard; accessory buildings in the rear yard shall also comply with this requirement.

   (D)   Building appurtenances in required yards.

      (1)   Cornices, eaves, steps, gutters, bay windows less than ten feet wide, fire escapes, fire balconies, fire towers and similar features may project not more than two and one-half feet into any required yard.

      (2)   Subject to the provisions of § 153.012, necessary retaining wall, fences less than four feet high and fences less than six feet high when located in a rear yard, shall be exempt from the yard requirements of this chapter. No fence more than four feet in height shall be permitted in a front yard. On a corner lot no fence more than four feet in height shall be located within any yard required along a street line by any other provision of this chapter. The height of any fence located within a yard abutting a street line shall be measured from the sidewalk; and if there be no sidewalk or curb, from the center line of the street. All other fence heights shall be measured from natural grade.

      (3)   Terraces, steps and uncovered porches which are not in any part more than four feet above the ground floor level and not within two and one-half feet of any party lot line shall be exempt from the yard requirements of this chapter.

   (E)   Yards and building setback lines. Where any required yard abuts a street upon which an official building setback line has been established by the town, such building setback line shall be considered the property line for the purpose of measuring the depth of required yards.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972)

   (A)   Penthouses or roof structures for the housing of elevators stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, skylights, towers, steeples, flagpoles, chimneys, wireless masts, water tanks, silos, or similar structures may be erected above the height limits herein specified, but no penthouse or roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space for residential use.

   (B)   A parapet wall or cornice may extend not more than five feet above the height limit.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972)

   (A)   This section shall apply to any detached structure other than the principal structure, whether enclosed or open, whether site built or built off-site and brought to the property and/or placed on the property. This section shall not apply to swimming pools.

   (B)   (1)   No accessory structure for which this section is applicable shall be constructed or placed on a lot without prior issuance of a zoning permit issued by the Development Services Director. No permit will be issued for accessory structures on lots without a principal structure present.

      (2)   Mailboxes, newspaper boxes, flagpoles, pump houses, pump covers, wells, birdhouses, doghouses under 15 square feet, and a grounded, satellite dish antenna, three feet or less in diameter, may be placed in front, side, or rear yards without requiring a zoning permit. No minimum setbacks are required.

   (C)   Accessory structures shall be required to meet minimum setback requirements.

      (2)   Side and rear setbacks of at least five feet shall be required for residential accessory structures. Accessory structures on lots zoned business, industrial, and office, unless the property is currently being used and occupied as a residence, require side and rear setbacks of at least ten feet, and 20 feet if adjacent to a residential lot.

      (3)   Accessory structures shall be located at least five feet from any other building on the same lot and ten feet from any building on adjacent lots.

      (4)   If property lines are not clear enough to determine if setback requirements can be met, the Development Services Director may require a survey of the property prior to issuing a permit for an accessory structure.

   (D)   Accessory structures shall be limited by all of the following criteria.

         (a)   The total square footage of all accessory structures on lots less than one-quarter acre in size shall not exceed 50% of the square footage of the heated area of the primary structure (house, dwelling) on the property, or 500 square feet, whichever is less.

         (b)   The total square footage of all accessory structures on lots between one-quarter acre and one acre in size shall not exceed 50% of the square footage of the heated area of the primary structure (house, dwelling) on the property, or 750 square feet, whichever is less.

         (c)   The total square footage of all accessory structures on lots between one and three acres in size shall not exceed 50% of the square footage of the heated area of the primary structure (house, dwelling) on the property, or 1,200 square feet, whichever is greater.

         (d)   The total square footage of all accessory structures on lots greater than three acres in size shall not exceed 50% of the square footage of the heated area of the primary structure (house, dwelling) on the property, or 1,500 square feet, whichever is greater.

      (1)   The private residential quarters may be attached to or separate from the principal dwelling unit. If it is located in a detached structure, it shall meet all accessory structure requirements.

      (2)   The owner of the principal dwelling unit shall live on-site and the owner of the private residential quarters shall be the same as the owner of the principal dwelling unit.

      (3)   No more than one private residential quarter shall be allowed per lot. Private residential quarters are included in the count of total allowable accessory structures per lot outlined in division (D)(1).

      (4)   The private residential quarters shall be occupied by a disabled or elderly person, family member, occasional guest, or caregiver.

      (5)   The total square footage of the private residential quarters shall be no greater than 50% of the total heated area of the principal dwelling unit, or 750 square feet, whichever is less. The square footage for private residential quarters is not to be included in calculations for the total allowable area of accessory structures, but is included in the number of allowable accessory structures per lot.

      (6)   The private residential quarters shall be located in the rear yard only and setbacks shall be at least 15 feet from the side and rear lot lines.

      (7)   The private residential quarters shall be served by the same driveway as the principal structure, and shall have at least two off-street parking spaces dedicated to its use.

      (1)   The nonconforming structure does not create a public nuisance as defined by § 92.01, Property Maintenance, Removal of Trash, Weeds; Lien.

      (2)   The nonconforming structure is not in a state of disrepair.

         (a)   If the structure becomes damaged by fire, flood, explosion, earthquake, wind, storm, hurricane or any other act of God, war or riot, becomes damaged by any third-party by no fault of the owner, or becomes damaged by the owner by accidental means, then the nonconforming structure may be repaired and/or replaced regardless of the cost.

         (b)   If the structure becomes damaged and/or deteriorated due to lack of maintenance, and the cost to repair and restore the nonconforming structure would exceed 50% of the replacement cost, the nonconforming structure shall be discontinued, requiring its demolition and removal from the property by the owner.

      (3)   (a)   The nonconforming structure has not been moved, altered (other than required maintenance), enlarged, changed, demolished, or discontinued from use.

         (b)   Any relocated, replaced, or modified nonconforming accessory structure shall conform to all requirements of this section for new accessory structures.

 

 

   In the case of group housing projects to be constructed an a plot of ground of at least two acres not subdivided and where the existing or contemplated street and lot layout make it impractical to apply the requirements of this chapter to the individual building units in such housing projects, the application of the terms of this chapter may be adjusted by the Board of Adjustments in a manner that will be in harmony with the character of the neighborhood, and with insure substantially the same character of occupancy and intensity of land use no higher and a standard of open space no lower than that permitted by this chapter in the zone in which the proposed project is to be located. However, in no case shall the Board of Adjustment authorize a use not permitted in the zone in which the project is to be located, or a smaller lot area per family than the minimum required in such zone, or a greater height, or a larger coverage than the maximum permitted under this chapter in such zones. The Board of Adjustment shall not act in such a case unless and until a recommendation has been requested and received from the town Planning Board.

(Ord. passed 11-3-1970; Am. Ord. passed 1-11- 1972; Am. Ord. passed 7-3-1972)

   (A)   Introduction. 

      (1)   Per G.S. § 160A-306, local govern-ments have the authority to:

         (a)   Classify all or a portion of the streets in their jurisdiction according to their size, present and anticipated traffic loads, and other similarly relevant characteristics; and

         (b)   Establish minimum distances that buildings and other permanent structures or improvements constructed along a class or type of street shall be set back from the center line of the existing or proposed major or minor thoroughfare.

      (2)   Accordingly, such regulations shall be applied to lots along any thoroughfare, or portions thereof, identified on the most recently adopted version of the Dallas Thoroughfare Plan, for which a functional design and surveyed centerline exists. The location of all such applicable thoroughfares (or portions thereof) shall be available for public review and inspection in the office of the lead planning agency (i.e., City of Gastonia) during normal business hours.

   (B)   Application.

      (1)   Said regulations shall apply if the functional design and surveyed centerline had been adopted by the town Board of Aldermen prior to submittal of the zoning permit application.

      (2)   The minimum yard or setback prescribed by each zoning district shall begin to be measured from a point 50 feet from the centerline of any major thoroughfare depicted on the Thoroughfare Plan, and 40 feet from the centerline of any such minor thoroughfare.

      (3)   A thoroughfare setback or yard shall also be established on all applicable lots where existing rights-of-way are not as large as herein prescribed (i.e. 50 feet on either side of the centerline). The thoroughfare setback area can be used for any use allowed in the underlying zoning district, except for those permanent uses which are prohibited in a required setback of yard area. Except whereas otherwise prohibited, the thoroughfare setback may be used to satisfy minimum lot size, off- street parking, and open space requirements.

      (4)   The standards contained in this section shall not apply to a development located on a lot in which such thoroughfare setback would normally be required which meets one or more of the following circumstances:

         (a)   A project which had a valid building permit in effect as of the effective date of this chapter where such permit allows for construction or development to take place within the required thoroughfare setback;

         (b)   A project which had an approval and valid site specific or phased development plan in place as of the effective date of this chapter where such development plan allows for construction to take place within the required thoroughfare setback.

   (C)    Appeal.

      (1)   An affected property owner shall have the right to appeal the thoroughfare setback requirements as provided herein to the Board of Adjustment for a variance to these regulations. The Board of Adjustment shall grant such a variance after having first conducted a public hearing and having determined that:

         (a)   The peculiar nature of the property results in practical difficulties or unnecessary hardships that impede carrying out the strict letter of these requirements; and

         (b)   The property will not yield a reasonable return or cannot be put to reasonable use unless relief is granted; and

         (c)   Balancing the public interest in enforcing the setback requirements and the interest of the owner, the grant of relief is required by considerations of justice and equity.

      (2)   In granting relief, the Board of Adjustment may impose reasonable and appropriate conditions and safeguards to protect the interest of neighboring properties. The public hearing shall be advertised in a manner prescribed by this chapter.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972)

   (A)   On corner lots in residential or office and institutional zones there shall be no obstruction to vision, except for natural grade, between a height of two feet and a height of ten feet measured above the

average elevation of the existing surfaces of the intersecting streets of their existing surfaces of the intersecting streets at their center lines within the area formed by joining points on the property lines measured as follows:

      (1)   On property lines abutting streets 50 feet or less in right-of-way width, the points on the property lines shall be 25 feet from the lot corner.

      (2)   On property lines abutting streets more than 50 feet in right-of-way width, the points in the property lines shall be 40 feet from the lot corner.

   (B)   The requirements of this section shall not be deemed to prohibit any necessary retaining wall.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3-1972; Am. Ord. passed 7-12-2016)

   (A)   Intent.

      (1)   It is the intent of this section to provide general design standards for development in the town and its zoning jurisdiction to insure that such development will be arranged and constructed in a safe, orderly and visually harmonious manner and will reflect the basic character of the development site and its surroundings.

      (2)   New construction projects in any zoning district requiring a building permit, except single- family residential construction or residential accessory construction, are required to meet certain development standards to insure compatibility with surrounding land uses, provide for attractive, well-planned projects, and promote the public health, safety, and welfare of the town. All such construction projects must be approved prior to the start of construction by the Planning Staff, as established by §§ 153.100 through 153.102.

      (3)   If the Project Review Committee deems it impractical for a developer to comply with portions of this section, the Planning Staff shall have the authority to modify or elect not to apply portions of this section so long as the modification or deletion of a requirement does not constitute a variance.

      (4)   A site plan, once approved, must be resubmitted if construction has not commenced within one year of approval. Construction is deemed to have commenced if footers have been poured and approved.

      (1)   All new development;

      (2)   Change in use of existing structures;

      (3)   The physical expansion of an existing structure, or parking lot, that results in a 10% or more increase of gross floor area.

   (C)   General site arrangement. Structures shall be placed and arranged so as not to adversely affect adjacent property. Adverse effects shall include, but not be limited to the creation of hazards, nuisances, danger or inconvenience, the unreasonable loss of light and air or solar access, or unreasonable loss of privacy.

   (D)   Development standards.

      (1)   Area, yard, and height requirements. The area, yard, and height requirements shall be the same as those established for each zoning district in Appendix A: Yard and Height Requirements for Residential Districts and Appendix B:Yard and Height Requirements for Business Districts.

      (2)   Plans required. Site plans are required before any decision can be rendered by the Project Review Committee (Planning/Zoning Staff). At least three copies of all required plans, drawings, and specifications shall be filed at the time of application. These plans and specifications shall furnish the following information.

         (a)   Location and easements. The applicant shall provide a boundary survey and vicinity map showing the property's total acreage, zoning classification (s), general location in relation to major streets, railroads, and/or waterways; date; north arrow; existing easements, reservations, and rights-of-way.

         (b)   Suitability of land for development. Plans shall include topographical features, streams, vegetation, soil types, flood prone areas, historic sites, and other features.

      (3)   Timing of development. The proposed schedule of development including phases or stages likely to be followed shall be submitted with all plans.

      (4)   Water and sewer system. Plans shall show the location of public water and sewer lines presently in existence, connections to these lines, manholes, pumping stations, fire hydrants, and other necessary features. All multi-family projects must have public water and sewer service or approved treatment facilities are required by the appropriate state or local authorities. Where a public water and/or sewer service is not reasonably available, individual water supply systems or subsurface sewage disposal systems may be permitted subject to approvals by the Gaston County Health Department.

      (5)   Storm water drainage system. A storm water drainage system is required and shall be submitted with the site plan(s). See § 153.014 for requirements.

      (6)   Grading plan and sedimentation control measures. 

         (a)   Proposed grading plans and sedimentation control measures, as required by the this Code, shall be included with any petition.

         (b)   No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing considerable damage to such higher adjacent properties; concrete curb or curb and gutter is required to adequately direct and control storm water in all parking lots.

      (7)   Streets, curb and gutter, street lights. The proposed location and design of streets, curbs and gutters, and street lights, as required by the this Code, shall be included on the site plan(s). All streets shall adhere to the most recently adopted version of the town street and traffic standards policy.    

         (a)   Combination vertical curbs and gutters shall be installed in accordance with town specifications in all subdivisions, except as follows:

            1.   “Valley type” curb and gutter may be requested if the road is a non-arterial local road as defined by NC Department of Transportation;

            2.   If the proposed subdivision is off a private unpaved road that accesses no greater than three lots, as allowed in division (A)(2) above, sewer and gutter on any portion of the road shall not be required;

            3.   If a residential subdivision is located in the Watershed Protected Area, curbs and gutters are optional. The Watershed-IV Protected Area is shown on the official zoning map adopted by the Town Board of Aldermen, designating all areas located within this watershed.

         (b)   The diagrams below shall serve to illustrate curb and gutter requirements.

      (8)   Street access, easements, monuments, property lines. Proposed street access, easements, monuments, and property lines, as required by this Code, shall be included as part of the site plan(s).

               A.   Required access for residential development, including single- family and multi-family, shall have at a minimum:

                  i.   Zero to 100 dwelling units require one access road into the development;

                  ii.   One hundred one to 250 dwelling units require two access roads into the development;

                  iii.   Two hundred fifty-one or more dwelling units require three access roads into the development.

               B.   All means of ingress and egress for residential developments shall adhere to the development standards in this § 153.013.

      (9)   Sidewalks. The proposed location and design of sidewalks, as required by this Code, shall be included as part of the site plan(s).

         (a)   Sidewalks may be required along both sides of streets in subdivisions.

         (b)   Sidewalks shall be required in order to promote the free flow of vehicular traffic and to provide safety to pedestrians.

         (c)   Sidewalks shall be constructed within the street right-of-way and installed in accordance with town specifications and standards.

      (10)   Building layouts. The proposed location and design of building layouts, as required by this Code, shall be included as part of the site plan(s).

      (11)   Parking and loading.

         (a)   1.   Off-street parking shall be provided for all uses of land, structures, and buildings as well as for any expansion of such uses or change in use in accordance with the requirements of this chapter.

            2.   Every building or structure used for business, trade or industry hereafter erected shall provide space for the loading and unloading of vehicles off the street or public alley. Such space shall be located, when possible, at the rear of the business. In some cases the Zoning Enforcement Officer may approve the loading space at the end or side of a business. No vehicle shall be required to back onto a right-of-way, street, or public alley.

         (b)   Parking space requirements. See § 153.042 for requirements.

         (c)   Loading space requirements. See § 153.044 for requirements.

         (d)   Methods of providing required parking and loading. All required parking or loading spaces shall be located on the same zoning lot as the principal use(s) it serves, except as approved by the Zoning Enforcement Officer. Off-site parking for a permitted use, as required by this chapter, can be used, subject to certification by the Zoning Enforcement Officer that the following requirements have been met:

            1.   The use being served by the off-site parking is a permitted principal use in the zoning district within which the lot containing such parking is located;

            2.   The off-site parking spaces are located within a walking distance of 500 feet to a public entrance to the structure or land area containing the use for which such spaces are required;

            3.   A safe, direct, attractive, lighted and convenient pedestrian route exists or will be provided between the off-site parking and the use being served;

            4.   The continued availability of off-site parking spaces necessary to meet the requirements of this section are insured by an appropriate restriction on the title to the land providing the off-site parking spaces, in the form of a declaration, covenant, or contract.

         (e)   Combined parking.

            1.   Up to one-half of the parking spaces required for one use may be used to satisfy the parking requirements for either a second use on the same zoning lot or a use for which the provisions of division (11)(c) above are utilized, subject to certification by the Zoning Enforcement Officer that such joint usage of parking complies with the following provisions:

                  a.    The peak usage of the parking facility by one use will be at night or on Sundays (such as with theaters, assembly halls, or churches), and the peak usage of the parking facility by the second will be at other times; or

                  b.    The second use is an ancillary use to the first use, such as restaurants and meeting rooms to hotels and motels.

         (f)   Use of required parking and loading areas. Parking areas shall be used for parking automobiles, motorcycles and passenger trucks only, with no sales, storage, repair work, dismantling, or service of any kind permitted. Required loading space shall be available for the loading and unloading of vehicles, and shall not be used for the storage of vehicles or material, or to meet off-street parking requirements.

         (g)   Parking lot landscaping require-ments.

            1.   The intent of this provision is to protect and promote the public health, safety and general welfare by requiring the landscaping of parking lots. Landscaping will serve to reduce wind and air turbulence, erosion, heat and noise, the glare of automobile lights, the level of carbon dioxide, the blighted appearance of parking areas. Landscaping will provide shade, conserve and stabilize property values, and facilitate the creation of attractive and harmonious community.

            2.   After the effective date of this section, buffers and screening shall be required between all parking lots and abutting uses. A six- foot screen shall be provided between parking areas and adjacent properties which are residentially-zoned and other incompatible land uses. A three-foot screen shall be provided between the parking area and adjacent streets. The screen shall consist of tight evergreen hedge and shall not be less than two feet in height at the time of planting.

            3.   Vehicular use areas must be planted with at least two trees and one shrub for every 4,000 square feet of vehicular use area, which includes parking spaces, aisles, driveways and loading areas. Trees shall be placed so that no parking space is more than 63 feet from a tree. At least 75% of the required parking lot trees must be broadleaf canopy trees. Trees and shrubs must be planted within 20 feet of the vehicular use area to count toward this provision; however, trees used for required screening shall not count toward this provision. Nor shall any, if required, street trees count toward this provision.

            4.   When a development contains 20 or more spaces, 50% of the trees and shrubs required above must be planted in islands or medians located within the parking lot. Tree islands shall be evenly distributed throughout the parking lot in order to provide an even tree canopy throughout the lot. At a minimum, such tree islands shall consist of an area at least equal in size to two parking spaces side by side. Parking bays shall be broken up with landscaped islands or medians to avoid long monotonous rows of parking. Planting trees in groups is encouraged to increase the total amount of planting area for roots to

grow.

      (12)   Access and circulation.

         (a)   The type and arrangement of streets and driveways within the development shall be in compliance with the town Thoroughfare Plan.

         (b)   Principal vehicular access points to the development shall be designed to encourage smooth traffic flow with minimum hazards to pedestrians, bicycles, and vehicular traffic. Accommodations for controlled turning movements into and out of t he development and improvement of the approach street shall be provided where existing or anticipated heavy traffic flows indicate need.

         (c)   Clear vision areas. To insure safe sight distances where streets intersect and where driveways interest streets, a minimum clear-vision area shall be provided at the corners of such intersections. No structure or planting that would impede visibility shall be established in the clear vision area. Grading of land may be required where topography impedes the required clear vision area.

         (d)   Access and circulation for all development shall comply with the most recently adopted version of the town street and traffic standards policy. This includes expansions or additions of existing structures, changes in use, as well as all new construction.

      (13)   Public water and sewer service. Whenever public service is desired the regulations and specifications of the Dallas Water/Sewer Ordinance shall apply.

      (14)   Other utilities.

         (a)   Every principal use must have access to a source of electric power and telephone service adequate to accommodate the reasonable need of such use.

         (b)   All new electric power lines (including primary and secondary distribution lines and service laterals) telephone and cable television lines necessary to provide in a manner acceptable to the regulations and standards that govern the utility.

      (15)   Lighting requirements. Except for single- and two-family dwellings, all streets, driveways, sidewalks, parking areas and other common areas and facilities shall be lighted where necessary to insure the security of property and the safety of persons using such facilities. In no case shall sources cause direct light or glare upon adjacent property or constitute a hazard to motorists using public streets. In all cases, parking lot lighting must meet certain minimum lighting standards as specified by the Project Review Committee.

      (16)   Refuse collection.

         (a)   Every site upon which one or more dumpsters are to be placed shall be located and constructed so as to facilitate collection and minimize any harmful effect on persons occupying the development site, neighboring properties or public rights-of-way. Those developments hereafter established that are required to provide a refuse container shall locate the container on the property it serves. The site shall be paved with concrete, asphalt or other bituminous paving and shall be located abutting a driveway of sufficient width to allow access by the town's solid-waste collection equipment. Sites and means of access shall be approved by the Town Planner.

         (b)   All dumpsters shall be screened where, in the absence of screening, they would be Clearly visible at dumpster level to:

            1.   Persons located within any dwelling unit on residential property other than that where the dumpster is located;

            2.   Occupants, customers or other invitees located within any building on non-residential property other than that where the dumpster is located, unless such other property is used for purposes permitted exclusively in the I zoning district;

            3.   Persons traveling on any public street, sidewalk, or bikeway within the town.

      (17)   Outdoor storage.

         (a)   Outdoor storage areas ancillary to the principal use of the lot shall not be used for the storage of such noxious and hazardous materials including, but not limited to: construction wastes, scrap, salvage or debris; flammable or explosive liquids or substances; substances creating noxious fumes, vapors, dust or wastes; automobile tires, and other such materials deemed to constitute a health hazard or public nuisance. All outdoor storage may be conducted in side or rear yard areas only.

         (b)   Outdoor storage areas must be maintained to prevent the spillover of stored materials on abutting land or public rights-of-way, preserve the safety of pedestrians on adjoining sidewalks, prevent fire hazards, prevent the threat of breeding places for rats and vermin, prevent the possible uses of such yards as hiding places for criminal activity, and to eliminate the attraction of materials stored within to playing children. The storage area shall be fenced with a strong, secure, visually impenetrable fence of suitable materials of a least six feet in height.

         (c)   Nothing in this section shall be construed as to prevent the town or other appropriate agencies from removing the illegal junk and scrap yards from any zoning district within its jurisdiction.

      (18)   Metropolitan Thoroughfare Plan. Prior to the issuance of any building permit, the developer's plans must be reviewed either by the zoning officer or the Metropolitan Planning Organization (MPO) staff to determine the location of the proposed structure, or any structures related to the purpose main structure, lies within or adjacent to an existing or planned thoroughfare as shown on the most recent adopted version of the Gaston Urban Area Thoroughfare Plan.

      (19)   Metal building restriction. All metal buildings must have a facade of wood siding, stucco; metal siding designed to look like wood or other building material, rock, brick, stone or cultured stone on all sides facing or visible from a public street or highway, or a residential zone. This restriction does not apply to any building built for industrial purposes in an industrial zone, or to accessory buildings.

(Ord. passed 10-10-2000; Am. Ord. passed 1-9-2007; Am. Ord. passed 2-20-2007; Am. Ord. passed 10-9-2018; Am. Ord. passed - - ; Am. Ord. passed 12-14-2021; Am. Ord. passed 7-12-2022)

   Storm water detention provisions shall be as follows.

   (A)   Except as herein provided, all new or expanded developments shall provide for storm water detention to ensure that such expansion or construction minimizes storm water runoff onto adjacent properties through the steps outlined in division (C) below.

   (B)   New or expanded residential single-family residential development shall not be subject to the requirements of division (C) below. Nonetheless, the owner of any such single-family residential property shall be responsible for minimizing storm water runoff onto any adjacent properties as a result of such expansion or construction.

   (C)   (1)   The locations of natural drainage systems, design of flood control and/or storm water management installations and devices shall be shown on a site plan that bears the seal of a certified engineer. The structures, devices, and methods used shall be planned, designed, constructed, and maintained so as to:

         (a)   Provide for the natural infiltration of storm water;

         (b)   Control the velocity of runoff flows;

         (c)   Extend the time of concentration of storm water runoff;

         (d)   Collect and transmit excess storm water flows into either the town drainage system or into a natural drainage system.

      (2)   No zoning permit will be issued for a new or expanded structure, other than single-family residential, unless the property owner first submits such site plan.

   (D)   The requirements of division (C) above may be waived by the town on a case-by-case basis where it is determined that the proposed expansion or construction is of such a nature that it will have no impacts on storm water runoff.

   (E)   The following criteria shall also be considered:

      (1)   A ten-year frequency storm shall be used in determining the amount of storm water run off generated.

      (2)   The impoundment of storm water runoff may be incorporated in the design of open spaces, parking lots, loading areas, playgrounds, and building structures provided the health, safety, and welfare of the public is not harmed in any way.

      (3)   To the extent practicable, all development shall conform to the natural contours of the land and natural and pre-existing man-made drainage ways shall remain undisturbed.

      (4)   No surface water may be channeled or directed into the sanitary sewer.

         (a)   All development shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such development.

         (b)   More specifically:

            1.   No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing considerable damage to such higher adjacent properties;

            2.   Concrete curb or curb and gutter is required to adequately direct and control storm water in all parking lots.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972; Am. Ord. passed 10-9-2001)

   Adaptive reuse of historic buildings is established as a method of enhancing the growth and development of the town, of supporting the preservation of the town's older neighborhoods and business districts, and furthering preservation of "Historic Dallas". Buildings must meet the following criteria to be eligible for adaptive reuse(s):

   (A)   The building must be at least 50 years old and considered a contributing resource in the town's National Register Historic District; or be listed on the National Register of Historic Places; or be determined to be eligible for listing on the National Register of Historic Places by inclusion on the State Historic Preservation Office's Study List.

   (B)   The rehabilitation of the building must comply with the Secretary of the Interior's Guidelines for Rehabilitating Historic Buildings.

   (C)   Adaptive reuse of historic buildings shall not be subject to the town's off-street parking requirements in § 153.042 and may be waived or modified by the Board of Aldermen in approving the special use permit for the adaptive reuse. Notwithstanding, any plans for off-street parking shall be submitted as part of the special use permit for the proposed adaptive reuse.

   In any Residential (R) District any fence installed from and after the effective date of this section shall meet the following standards.

   (A)   No fence shall be erected without first obtaining a zoning permit issued by the town's Development Services Director (see § 150.22).

   (B)   Fences and their customary appurtenances shall be constructed of materials designed, intended and customarily used for fencing. All fencing and appurtenances must be constructed in a durable fashion of brick, stone, other masonry materials or wood posts and planks, chain link, vinyl or metal materials specifically designed as fencing materials, or any combination thereof. The material used in the construction of the fence must be designed for construction of permanent fencing. Materials typically used for temporary fencing may not be used for permanent fences. All fences or similar structures must be firmly anchored to the ground, maintained in good structural condition and free of deterioration. The finished side of all fences and walls shall face the exterior of the property. Wire mesh, welded wire and solid plank fences are permitted in the rear yard only.

   (C)   (1)   Fences in the front yard shall be a maximum of four feet above grade, six feet in the side yard and eight feet in the rear yard. Fences installed between the front building line of the principal residential structure (a line that runs along the front wall and extends therefrom in a straight line to either side property line) and the fronting street shall not exceed four feet in height. Fence material in the front yard is limited to fencing that allows clear and unobstructed visibility from adjoining properties and right-of-way (see examples below).

      (2)   Fence heights shall be measured from natural grade. The height of vertical support structures (posts, columns, pillars, etc.) for fences within front yard setbacks may be up to six feet high, as long as such supporting structures are no larger than two feet in width or diameter. Vertical columns shall be placed at least six feet apart.

   (D)   Notwithstanding the division (B) above, when the Zoning Administrator finds that there exists an unusual or extraordinary circumstance where an overwhelming public interest is served by allowing a fence of additional height to protect a residential use from negative impacts of adjoining non-residential uses, he/she may permit a fence up to six feet high in the front, side and rear yards along the property lines separating the residential and non-residential uses.

   (F)   No fence shall be installed within two feet of any fire hydrant. No fence shall be constructed within a general drainage or utility easement, so as to block or materially impede the flow of storm-water runoff, nor in any right-of-way.

   (G)   On corner lots, § 153.012 regarding “obstructions to vision at street intersection” shall apply.

(Ord. passed 5-12-2015; Am. Ord. passed 7-12-2016; Am. Ord. passed 9-27-2016)

   (A)   (1)   No person shall construct, install, extend, alter or modify a residential swimming pool unless they have received an approved zoning permit from the town and a residential pool permit from County Building Inspections.

      (2)   All zoning permit applications shall include an accurately dimensioned site plan, showing the proposed pool location, buildings located on the property, location or proposed location of the septic tank system, including the drain field and any required repair area, any well located within 100 feet of the proposed site, and the location of fences, gates, and materials comprising the pool barrier.

      (2)   The residential swimming pool shall be located the maximum feasible distance from any well or septic tank system in the area; shall be located a minimum horizontal distance of 50 feet from any private water supply source; and shall be located 15 feet from any septic tank system or area designated for repair as specified in 15A North Carolina Administrative Code 18A.1900, “Laws and Rules for Sanitary Sewage Collection, Treatment, and Disposal.”

      (3)   Pools shall be located in the rear yard only, and must adhere to the setback requirements for accessory structures outlined in § 153.009, Accessory Structures.

   (C)   Pools constructed or altered after the effective date of this section (March 12, 2018) shall comply fully with this section. Existing residential pools that hold a valid building permit from the county are not required to perform structural alterations or repairs related to this section, provided such facilities do not create a public health or safety hazard and are not in violation of § 92.06.

(Ord. passed 3-12-2018)

   Any mobile/manufactured home installed from and after the effective date of this section shall meet the following standards.

   (A)   Mobile home parks/subdivisions shall be located within a R-6 zone, and all new proposed locations shall be treated as a planned subdivision per G.S. § 160D-802 and comply with the town's subdivision development standards.

      (1)   A zoning permit and building permit shall be required for every structure located within a mobile home park, including replacement mobile homes.

      (2)   Accessory structures shall be limited to one per home, and must comply with the accessory structure requirements outlined in § 153.009.

   (B)   New mobile/ manufactured homes shall not be located on any parcel within town limits, unless the parcel has been approved as a mobile home park or subdivision.

      (1)   If an existing mobile home, regardless of location or zone, becomes damaged by fire, flood, explosion, earthquake, wind, storm, hurricane or any other act of God, war or riot, becomes damaged by any third-party by no fault of the owner, or becomes damaged by the owner by accidental means, it may be replaced at the same location with a home of the same size within a 12-month period.

      (2)   Any parcel containing a mobile home that has been removed for a period of greater than 12 months must comply with all current zoning regulations.

      (3)   All new or replacement mobile homes placed within the town shall include a continuous masonry foundation or curtain wall underpinning consisting of brick, cinderblock, concrete block, stucco, stone, or other masonry materials, unpierced, except for required ventilation and access, shall be placed underneath the home, unless the mobile home is being replaced due to an act of God as defined in division (B)(1).