Franklin City Zoning Code
GENERAL DEVELOPMENT
PROVISIONS
§ 152.090 APPLICATION OF REGULATIONS.
The regulations set forth in this chapter affect all land, every building, and every use of land and/or building and shall apply as specified herein.
(A) 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 for the district in which it is located.
(B) 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.
(C) Lot size. No lot, even though it may consist of one or more adjacent lots of record in single ownership, shall be reduced in size so that the lot width or depth, front, side or rear yard, lot area per dwelling unit, or other requirements of this chapter are not maintained. This prohibition shall not be construed to prevent the purchase or condemnation of narrow strips of land for public utilities or street right-of-way purposes.
(D) Yard use limitations.
(1) No part of a yard or other open space required about any building or use for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building or use.
(2) Allowable encroachments in yards. Only the following structures and uses are permitted and may be encroachments in required yards as itemized in the following list.
Item | Allowable Encroachment in Required Area | Yard Allowed | ||
Item | Allowable Encroachment in Required Area | Yard Allowed | ||
1 | Awnings attached - not more than 42 inches, or in C-1 district only - not more than 60- inches (includes ROW) | F F | S | R R |
2 | Arbors or trellises - detached | R | ||
3 | Arbors or trellises - attached - not more than 3 feet | F | R | |
4 | Air conditioning equipment enclosures, only as necessary on existing homes | S | R | |
5 | Balconies - not more than 5 feet | R | ||
6 | Bay windows - not extending to foundation and not more than 3 feet deep and not more than 50% of width of the room in which it is a part | F | R | |
7 | Canopies, marquees - attached - C-1 District only - not more than 72 inches (includes over ROW) | F F | R R | |
8 | Eaves or gutters - cantilevered not more than 3 feet | F | S | R |
9 | Fences, finished side of fence to face abutting property | F | S | F |
10 | Ornamental light standards | F | S | R |
11 | Parking spaces - except as otherwise provided | F | S | R |
12 | Playground and laundry drying equipment | R | ||
13 | Play houses and pergolas | R | ||
14 | Retaining walls - decorative block, brick, or stucco over plain block | F | S | R |
15 | Signs and nameplates - per sign regulations | F | S | R |
16 | Sills, belt courses, cornices and ornamental features of the principal building - not more than 24 inches | F | S | R |
17 | Steps and stairs, open, and handicap ramps - for access to and from a principal building when required on existing buildings | F | S | R |
18 | Patios, no more than 5 feet on existing structures | R | ||
19 | Trees, shrubs, and other plants | F | S | R |
(E) One principal building on a lot. Every building hereafter erected, moved or structurally altered shall be located on a lot, and in no case shall there be more than one principal building and its customary accessory buildings on the lot, except in the case of specially designed complexes of institutional, residential, commercial or industrial buildings in an appropriate zoning district classification.
(F) Lot frontage. All lots shall front on a public street.
(G) Combining parcels or lots. If combining parcels or lots, all parcels or lots shall be in the same zoning classification.
(H) Recreational vehicles. Recreational vehicles shall not be permanently affixed to the ground or utilities as a principal building or accessory structure on any lot. Recreational vehicles shall not be occupied for dwelling purposes at any time, unless parked in an authorized recreational vehicle park.
(H) Recreational vehicles. Recreational vehicles shall not be permanently affixed to the ground or utilities as a principal building or accessory structure on any lot. Recreational vehicles shall not be occupied for dwelling purposes at any time, unless parked in an authorized recreational vehicle park or a temporary use permit has been approved.
(I) Temporary residence use. Trailer trailers/recreational vehicles/motor homes and campers shall be permitted as a temporary residence during the construction of the property owner's new single-family dwelling, major remodeling to the existing single-family dwelling or under certain unforeseen circumstances subject to the following requirements and conditions:
(1) Issuance of a Macon County building permit for a new single-family dwelling or for a major remodeling to an existing single-family dwelling.
(2) Issuance of a temporary use permit (TUP) for a period not to exceed one year. The temporary use permit may be renewed one time for six months and in no case shall it be valid for more than one-and-one-half years from the original issuance date.
(3) The temporary use permit shall become invalid upon completion, expiration or cancellation of the building permit. The TUP may be cancelled for non-compliance with the conditions as specific in the section.
(4) The property owner shall connect the temporary unit to an approved septic system, public sewer system or dispose of the wastewater in a lawfully approved way.
(5) The temporary unit shall comply with minimum building setbacks as the district in which it is placed.
(6) After construction is completed and upon issuance of a certificate of occupancy, the temporary unit shall be disconnected from all utilities and/or sewage disposal systems within 60 days and can no longer be occupied as a temporary dwelling unit.
(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. 2024-002, passed 3-4-24)
§ 152.091 INTERPRETATION OF DISTRICT REGULATIONS.
The regulations for the various zoning district classifications shall be enforced and interpreted according to the rules specified herein.
(A) Uses. Uses not designated as permitted, or special, shall be prohibited. Permitted uses subject to special requirements, and special uses shall be permitted only according to the additional regulations imposed. Permits for a special use shall be approved or disapproved by the Town Council.
(B) Minimum regulations. Regulations set forth by this subchapter shall be general requirements applicable to all uses in all district classifications, unless other regulations are more restrictive or establish a higher standard.
(C) Land covenants. Unless restrictions established by covenants with 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. passed 10-1-07; Am. Ord. passed - - )
§ 152.092 VISIBILITY AT INTERSECTIONS.
On a corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet and ten feet in a triangular area formed by a diagonal line between two points on the right-of-way lines, 20 feet from where they intersect. This regulation does not apply in the C-1 Central Business District.
(Ord. passed 10-1-07)
§ 152.093 OFF-STREET PARKING.
All developments, except for those situated within the C-1 Central Commercial Zoning District, shall provide a sufficient number of parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted to the development in question. No certificate of occupancy will be issued upon completion of the building unless all off-street parking and loading requirements, shown upon the plans or made part of the building permit, are in place and ready for use and conforming to requirements.
(A) Presumptions. The presumptions established by this section are that (1) a development must comply with the parking standards set forth in division (E) to satisfy the standard stated in § 152.094 and (2) any development that does meet these standards is in compliance. However, the parking space requirements contained in division (E) are only intended to establish a presumption and should be flexibly administered in accordance with division (F).
(B) Separate uses. The required parking for separate uses may be combined in one lot, but spaces assigned to one use may not be assigned to another use at the same time; provided, however, one-half of the parking spaces required for churches, theaters or assembly halls, whose peak attendance will be at night or on Sundays, may be assigned to a use which will be closed at night or on Sundays.
(C) Remote parking. If the required number of parking spaces cannot reasonably be provided on the same lot as the use being served, required parking spaces may be provided on any lot a substantial portion of which is within 200 feet of such uses.
(D) Parking space design. Each automobile parking space shall not be less than nine feet by 18 feet in area exclusive of adequate access drives and maneuvering space. Such space shall be provided with vehicular access to a street or alley. Parking spaces shall not thereafter be encroached upon or altered without prior development authorization as per §§ 152.050 - 152.062, above.
(E) Use classifications and parking space requirements. The number of parking spaces provided for any use or development shall equal or exceed the number determined for the use or development by the standards contained herein. It is recognized that the list of parking requirements contained in this section cannot and does not cover every possible situation that may arise. Therefore, in cases not specifically covered, the permit issuing authority is authorized to determine the parking requirements using this table as a guide.
Type of Land Use | One Parking Space Required for Each: | |
Minimum | Maximum | |
Type of Land Use | One Parking Space Required for Each: | |
Minimum | Maximum | |
Residential | ||
Boardinghouses | 1 per 2 boarding rooms, plus 1 per resident manager | 1 per boarding room, plus 1 per resident manager |
Dwellings, multi-family with 2 bedrooms or less | 1 per unit | 2 per unit |
Dwellings, multi-family with 3 bedrooms or more | 2 per unit | 3 per unit |
Dwellings, multi-family elderly or disabled | 1 per unit | 2 per unit |
Dwellings, single-family with 2 bedrooms or less | 1 per unit | 2 per unit |
Dwellings, single-family with 3 bedrooms or more | 2 per unit | 3 per unit |
Dwellings, subsidized low-income | 1 per unit | 2 per unit |
Public Facilities and Institutions | ||
Assisted living facilities | 1 per 2 employees, plus 1 per 2 units | 1 per employee, plus 1 per 2 units |
Adult care facilities | 1 per 2 employees, plus 1 per 6 adults | 1 per employee, plus 1 per 6 adults |
Child care facilities | 1 per 2 employees, plus 1 per 10 children | 1 per employee, plus 1 per 10 children |
Churches and wedding chapels | 1 per each 4 seats or each 40 sq. ft. of floor area available for movable seats or for each 200 sq. ft. of gross floor area | 1 per 3 seats or each 30 sq. ft. of floor area available for movable seats or for each 150 sq. ft. of gross floor area |
Civic, social service, cultural, and fraternal facilities | 1 per 350 sq. ft. | 1 per 250 sq. ft. |
Colleges and universities | 1 per 3 employees, plus one per 3 full-time students not residing on campus1 per employee, plus one per each full-time student not residing on campus | |
Family care homes and group homes, children | 1 per 2 employees | 1 per employee |
Family care homes and group homes, adults | 1 per 2 employees, plus 1 per 2 residents | 1 per employee, plus 1 per 1 resident |
Museums and art galleries | 1 per 350 sq. ft., plus one per 2 employees on shift of greatest employment | 1 per 250 sq. ft., plus one per 2 employees on shift of greatest employment |
Medical facilities | 1 per 250 sq. ft. | 1 per 200 sq. ft. |
Schools, elementary and middle | 2 per classroom | 3 per classrooms |
Schools, high | 5 per classroom | 10 per classroom |
Shelters | 1 per 2 employees on shift of greatest employment | 1 per employee on shift of greatest employment |
Office, Business, and Industrial Uses | ||
Barber shops and salons | 2 per operator station, plus one per 2 employees on shift of greatest employment | 3 per operator station, plus one per 2 employees on shift of greatest employment |
Bed and breakfast homestays and inns | 1 per room, plus 1 space for the resident manager/owner and 1 per each employee | 2 per room, plus 2 spaces for the resident manager/owner and 1 per for each employee |
Car wash | 2 per wash bay, plus 2 stacking spaces per wash bay | 3 per wash bay, no stacking maximum |
Convenience stores with gas pumps | 1 per 350 sq. ft. (spaces at gas pumps are not recognized as parking spaces) | 1 per 200 sq. ft. (spaces at gas pumps are not recognized as parking spaces) |
Funeral establishments | 1 per 4 seats of largest public room, plus one per 2 employees on shift of greatest employment | 1 per 2 seats of largest public room, plus one per 2 employees on shift of greatest employment |
Health and fitness facilities | 1 per 200 sq. ft. | 1 per 100 sq. ft. |
Lodging | 1 per 2 bedrooms , plus additional spaces as required for other uses within the hotel/motel | 1 per 1 bedroom , plus additional spaces as required for other uses within the hotel/motel |
Live-work unit | 1 per residential unit plus 1 per each 350 sq. ft. of office/business space | 1 per residential unit plus 1 per each 250 sq. ft. of office/business space |
Manufacturing, assembly or finishing operations | 1 per 2 employees on shift of greatest employment | 1 per employee on shift of greatest employment |
Office: professional, business, or public, including banks. (plus 3 spaces per lane for stacking if drive-through service is proposed) | 1 per 350 sq. ft. | 1 per 250 sq. ft. |
Rental establishments | 1 per 350 sq. ft. | 1 per 250 sq. ft. |
Repair and service businesses providing on-site services | 1 per 300 sq. ft. | 1 per 200 sq. ft. |
Repair and service businesses providing off-site services | 2 employees | 1 per employee |
Restaurants, bars, breweries, private clubs, wine tasting (plus 11 spaces for stacking if drive-through service is proposed) | 1 per 3 seats, plus one space per 2 employees on shift of greatest employment | 1 per 2 seats, plus one space per 2 employees on shift of greatest employment |
Retail sales | 1 per 350 sq. ft. | 1 per 200 sq. ft. |
Self-service storage facility | 1.4 per 100 units plus 1 per 2 employees on shift | 2 per 100 units plus 1 per every employee on shift |
Servicing, packaging, and storage of commodities | 1 per 2 employees on shift of greatest employment | 1 per employee on shift of greatest employment |
Theaters, stadiums, arenas, and sports fields and courts | 1 per 4 seats or 1 per 6 feet of bench area | 1 per 3 seats or 1 per 4 feet of bench area |
Vehicle service stations and auto repair garages (spaces at gas pumps are not recognized as parking spaces) | 1 per service bay, plus one per 2 employees on shift of greatest employment | 3 per service bay, plus one space per 2 employees on shift of greatest employment |
Warehouses, wholesale, and distributive businesses | 1 per 2 employees on shift of greatest employment, plus one per 350 sq. ft. of area open to the public | 1 per employee on shift of greatest employment, plus one per 350 sq. ft. of area open to the public |
(F) Flexible administration. It is recognized that, due to the particularities of any given development, the inflexible application of the parking standards set forth in division (E) may result in a development either with inadequate parking space or parking space far in excess of its needs. The former situation may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots. The latter situation results in a waste of money as well as a waste of space that could more desirably be used for valuable development or environmentally useful open space. Therefore the permit-issuing authority may permit deviations from the presumptive requirements of division (E) and may require more parking or allow less parking whenever it finds that such deviations are more likely to satisfy the standard set forth in division (A).
(1) Without limiting the generality of the foregoing, the permit-issuing authority may allow deviations from the parking requirements set forth in division (E) when it finds the following:
(a) A residential development is irrevocably oriented toward the elderly.
(b) A business is primarily oriented toward walk-in trade or trade expected to arrive by means other than an automobile.
(2) Whenever the permit-issuing authority allows or requires a deviation from the presumptive parking requirements set forth in division (E) it shall enter on the face of the permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation.
(Ord. passed 10-1-07; Am. Ord. passed - - )
§ 152.094 OFF-STREET LOADING AND UNLOADING.
Development and redevelopment projects in all districts except the C-1 Central Commercial District shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have access to an alley or, if there is no alley, to a street. For the purposes of this section an off-street loading space shall have a minimum dimension adequate to accommodate the largest vehicles expected to be served and, in any event, no less than 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade.
(A) Retail operations: One loading space for each 20,000 square feet of gross floor area or fraction thereof.
(B) Wholesale and industrial operations:
Building Area in Square Feet | Number of Spaces |
Building Area in Square Feet | Number of Spaces |
0 - 40,000 | 1 |
40,000 - 100,000 | 2 |
100,000 - 160,000 | 3 |
160,000 - 240,000 | 4 |
240,000 - 320,000 | 5 |
320,000 - 400,000 | 6 |
Each 90,000, above 400,000 | 1 additional |
(Ord. passed 10-1-07)
§ 152.095 ACCESSORY STRUCTURES.
Accessory structures shall not be located in any required front yard or any required front or side yard of a corner lot. In all other cases, the accessory structure shall meet the setback requirements for the zoning district classification in which it is located.
(Ord. passed 10-1-07)
§ 152.096 CALCULATION OF LOT AREAS.
No part of a road right-of-way lying within lot lines may be used in calculating minimum lot sizes requirements.
(Ord. passed 10-1-07)
§ 152.097 STORAGE CONTAINERS.
(A) For purposes of administering this section, the term “storage containers” shall include “storage trailers”. Storage containers shall require permits from the Administrator; they shall be removed from the premises upon which they are located upon the expiration of the time period designed in the permit. One storage container per lot shall be permitted for a period not exceeding 90 consecutive days in a 12- month period. Storage containers shall meet all setback requirements for the zoning district in which they are located and shall be placed in the rear yard wherever possible. No storage container shall be permitted on a vacant lot. No storage container shall contain facilities for utility service. No storage container shall display any signs, lettering or advertising device, with the exception of a required owner identification sign with letters not to exceed three inches in height. This sign shall contain the name, address and phone number of the owner and may also contain a storage container identification number. These regulations shall not apply to the following:
(1) Construction service trailers used for offices or for storage of tools or materials on job sites for the duration of construction;
(2) Storage trailers used as construction service facilities which are a portion of the inventory of the equipment used by the business to transport materials from one job to another, and not used for purposes of storage.
(3) Storage trailers, on the lot of a storage trailer sales or rental business, that constitute part of the inventory of such business and that are not currently used for purposes of storage.
(B) Storage containers shall be permitted only in the C-3 Highway Commercial and I-1 Industrial zoning district classifications.
(C) Converted. The use of portable storage units as building materials to create commercial structures for habitable purposes (which could include storage). Habitable includes commercial restaurants, retail, and any other building constructed out of multiple storage containers. The use of the storage container as a building material must meet the NC building code. The below matrix “Non-Residential Converted Storage Container Use Matrix” is where the use is permitted in the zoning Districts. The designation “P” means permitted. Shipping containers are not allowed in residential zoning districts. Containers must either be screened or painted to neutral earth tone color or a color consistent with the principal building.
Non- Residential Converted Storage Container Use Matrix | |||||||
Permitted Use | C-1 | C-2 | C-3 | I-1 | MICR | NMU | |
Storage | Converted storage or Shipping Containers | P | P | P | P | P | P |
(Ord. passed 10-1-07; Am. Ord. passed - - )
§ 152.098 STREETS AND SIDEWALKS.
(A) Street Classification. In all new subdivisions, streets that are dedicated to public use shall be classified as provided in herein. The classification shall be based upon the projected volume of traffic to be carried by the street, stated in terms of the number of trips per day. The number of dwelling units to be served by the street may be used as a useful indicator of the number of trips but is not conclusive. Whenever a subdivision street continues an existing street that formerly terminated outside the subdivision or it is expected that a subdivision street will be continued beyond the subdivision at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision. The classification of streets shall be as follows.
(1) Minor. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day.
(2) Local. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten but not more than 25 dwelling units and is expected to or does handle between 75 and 200 trips per day.
(3) Cul-de-sac. A street that terminates in a vehicular turn-around.
(4) Subcollector. A street whose sole principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least 26 but not more than 100 dwelling units and is expected to or does handle between 200 and 800 trips per day.
(5) Collector. A street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than 100 dwelling units and is designed to be used or is used to carry more than 800 trips per day.
(6) Arterial. A major street in the town’s street system that serves as an avenue for the circulation of traffic into, out, or around the town and carries high volumes of traffic.
(7) Marginal access street. A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.
(B) Access to public streets in general. Every lot shall have either direct or indirect access to a public street. A lot has direct access to a public street if a sufficient portion of a boundary of the lot abuts the public street right-of-way so that an access way meeting the criteria set forth herein can be established. A lot has indirect access if it connects to a public street by means of one or more private roads that are of sufficient size to meet the criteria set forth herein.
(1) Standard for access. The access provided must be adequate to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use.
(2) Access to arterial streets. Whenever a major subdivision that involves the creation of one or more new streets borders on or contains an existing or proposed arterial street, no direct driveway access may be provided from the lots within this subdivision onto this street.
(C) Entrances to streets. All driveway entrances and other openings onto streets within the town’s planning jurisdiction shall be constructed so that (a) vehicles can enter and exit from the lot in question without posing any substantial danger to themselves, pedestrians, or vehicles traveling in abutting streets, and (b) interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized.
(D) Coordination with surrounding streets. The street system of a subdivision or planned development shall be coordinated with existing, proposed and anticipated streets outside the development or outside the portion of a single tract that is being divided into lots (hereinafter, “surrounding streets”) as provided in this section.
(1) Collector streets shall intersect with surrounding collector or arterial streets at safe and convenient locations.
(2) Subcollector, local, and minor residential streets shall connect with surrounding streets where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons, but connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through-traffic.
(3) Whenever connections to anticipated or proposed surrounding streets are required by this section, the street right-of-way shall be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single tract) at the point where the connection to the anticipated or proposed street is expected. In addition, the permit issuing authority may require temporary turn-arounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles. Notwithstanding the other provisions of this section, no temporary dead-end street in excess of 1,000 feet may be created unless no other practicable alternative is available.
(E) Street width and drainage requirements in subdivisions and planned developments. Street rights-of-way are designed and developed to serve several functions: (1) to carry motor vehicle traffic, and in some cases, allow on-street parking; (2) to provide a safe and convenient passageway for pedestrian traffic; and (3) to serve as an important link in the town’s drainage system. All streets shall be constructed with curb and gutter and shall conform to the other requirements of this section. Any style of curb and gutter design, if designed as approved by the North Carolina Department of Transportation for use on residential streets, may be used, subject to the prior approval of the Land Use Administrator. Street pavement width shall be measured from the outer edge of each curb.
Type Street | Minimum Right-of-Way | Minimum Pavement Width |
Minor | 30' | 18' |
Local | 40' | 22' |
Subcollector | 50' | 34' |
Collector | 50' | 34' |
(F) General layout of streets.
(1) Subcollector, local, and minor residential streets shall be curved whenever practicable to the extent necessary to avoid conformity of lot appearance.
(2) To the extent practicable, driveway access to collector streets shall be minimized to facilitate the free flow of traffic and avoid traffic hazards.
(3) All permanent dead-end streets shall be developed as cul-de-sacs in accordance with the standards set forth in division (F)(4). Except where no other practicable alternative is available, such streets may not extend more than 550 feet (measured to the center of the turn-around).
(4) The right-of-way of a cul-de-sac shall have a radius of 30 feet. The radius of the paved portion of the turn-around (measured to the outer edge of the pavement) shall be 30 feet. The entire cul-de-sac shall be paved. No parking shall be permitted on the cul-de-sac.
(5) Half streets (i.e., streets of less than the full required right-of-way and pavement width) shall not be permitted except where such streets, when combined with a similar street (developed previously or simultaneously) on property adjacent to the subdivision, creates or comprises a street that meets the right-of-way and pavement requirements of this chapter.
(6) Streets shall be laid out so that residential blocks do not exceed 1,000 feet, unless no other practicable alternative is available.
(G) Street intersections.
(1) Streets shall intersect as nearly as possible at right angles, and no two streets may intersect at less than 60 degrees. No more than two streets shall intersect at any one point, unless the public works director certifies to the permit issuing authority that such an intersection can be constructed with no extraordinary danger to public safety.
(2) Whenever possible, proposed intersections along one side of a street shall coincide with existing or proposed intersections on the opposite side of such street. In any event, where a center line offset (jog) occurs at an intersection, the distance between centerlines of the intersecting streets shall be not less than 150 feet.
(3) No two streets may intersect with any other street on the same side at a distance of less than 400 feet measured from centerline to centerline of the intersecting street. When the intersected street is an arterial, the distance between intersecting streets shall be at least 1,000 feet.
(H) Construction standards and specifications. Except as modified herein, streets shall be designed to comply with the design and construction standards of the North Carolina Department of Transportation.
(I) Road and sidewalk requirements in unsubdivided developments. Within unsubdivided developments, all private roads and access ways shall be designed and constructed to facilitate the safe and convenient movement of motor vehicle and pedestrian traffic. Width of roads, use of curb and gutter, and paving specifications shall be determined by the provisions of this chapter dealing with parking and drainage. To the extent not otherwise covered in the foregoing subchapters, and to the extent that the requirements set forth in this subchapter for subdivision streets may be relevant to the roads in unsubdivided developments, the requirements of this subchapter may be applied to satisfy the standard set forth in the first sentence of this subsection.
(1) Whenever a road in an unsubdivided development connects two or more subcollector, collector, or arterial streets in such a manner that any substantial volume of through traffic is likely to make use of this road, such road shall be constructed in accordance with the standards applicable to subdivision streets and shall be dedicated. In other cases when roads in unsubdivided developments within the town are constructed in accordance with the specifications for subdivision streets, the town may accept an offer of dedication of such streets.
(2) In all unsubdivided multi-family residential developments, sidewalks shall be provided linking dwelling units with other dwelling units, the public street, and on-site activity centers such as parking areas, laundry facilities, and recreational areas and facilities. Notwithstanding the foregoing, sidewalks shall not be required where pedestrians have access to a road that serves not more than nine dwelling units.
(3) Whenever the permit issuing authority finds that a means of pedestrian access is necessary from an unsubdivided development to schools, parks, playgrounds, or other roads or facilities and that such access is not conveniently provided by sidewalks adjacent to the roads, the developer may be required to reserve an unobstructed easement of at least ten feet to provide such access.
(4) In unsubdivided nonresidential developments that abut a public street, sidewalks shall be constructed adjacent to such street if a sidewalk in that location is necessary to continue a pre-existing sidewalk. Whenever possible, such sidewalk shall be constructed within the public right-of-way.
(5) The sidewalks required by this section shall be five feet wide, or at the width currently required by the Americans With Disabilities Act of 1990 as amended, whichever is wider, and otherwise constructed according to the specifications of the town, except that the permit issuing authority may permit the installation of walkways constructed with other suitable materials when it concludes that (a) such walkways would serve the residents of the development as adequately as concrete sidewalks and (b) such walkways could be more environmentally desirable or more in keeping with the overall design of the development. Variances of the width requirement in this section shall be considered pursuant to applicable law, based on geographical obstacles or structural obstacles. In the event that the sidewalk is permitted to be constructed less than five feet width requirement, then a 60-inch passing space must be located at least every 200 feet. Bus transit stops, driveways and building entrances may be counted as passing spaces. The Land Use Administrator may approve an alternate plan that proposes different pedestrian amenities provided that the intent of this section is fulfilled.
(6) Attention to handicapped in street and sidewalk construction. Whenever curb and gutter construction is used on public streets, wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the North Carolina Department of Transportation, Division of Highways. In unsubdivided developments, sidewalk construction for the handicapped shall conform to the requirements of the North Carolina State Building Code.
(7) Street names and house numbers.
(a) Street names shall be assigned by the developer subject to the approval of the permit issuing authority. Proposed streets that are obviously in alignment with existing streets shall be given the same name. Newly created streets shall be given names that neither duplicate nor are phonetically similar to existing streets within the town’s planning jurisdiction, regardless of the use of different suffixes (such as those set forth in herein). Street names shall include a suffix such as the following:
1. Circle: A short street that returns to itself.
2. Court or place: A cul-de-sac or dead-end street.
3. Loop: A street that begins at the intersection with one street and circles back to end at another intersection with the same street.
4. Street: All public streets not designated by another suffix.
(b) Building numbers shall be assigned by the town in coordination with the Macon County street-addressing program.
(J) Bridges. All bridges in subdivided and unsubdivided developments shall be constructed in accordance with the standards and specifications of the North Carolina Department of Transportation, except that bridges on roads not intended for public dedication in unsubdivided developments may be approved if designed by a licensed architect or engineer.
(K) Sidewalk requirements. All new development or redevelopment shall have sidewalks, with curb and gutter and necessary storm sewer, along each public street abutting the development in accordance with the standards of the town, including without limitation the standards for sidewalks contained in division (I) above.
(1) All costs associated with the sidewalk, curb and gutter, and storm sewer shall be borne by the developer.
(2) All sidewalk, curb and gutter, and storm sewer shall be dedicated to the town for perpetual maintenance. All such dedicated improvements shall be guaranteed for one year following the date of acceptance by the town. Any defects in material and/or workmanship during the one-year period shall be immediately corrected by the developer.
(3) Payment of fee in lieu of construction of sidewalks. When site characteristics and/or traffic patterns are such that the construction of sidewalks in accordance with this section would be a hardship and would not result in useful pedestrian walkways, the Town Administrator may allow the applicant to pay the cost of constructing such sidewalks into the Town Sidewalk Fund in lieu of requiring construction of the sidewalks.
(Ord. passed 10-1-07; Ord. passed 9-8-15; Am. Ord. 2018-004, passed 9-4-18; Am. Ord. passed - - )
§ 152.099 NUISANCES.
It shall be a violation of this chapter to operate any use in such a fashion as to constitute a nuisance as specified in this section.
(A) Noise. Other than ordinary construction activities, no use shall be operated so as to generate recurring noises that are unreasonably loud, cause injury, or create a nuisance to any person of ordinary sensitivities. No nonresidential use shall be operated so as to generate any noise in an adjacent district, as detected in that district without instruments, that is louder than the noise which could be generally expected from uses permitted in that district.
(B) Fumes and odors. No use shall emit fumes, gases, or odors in concentrations or amounts that cause injury or create a nuisance to any person of ordinary sensitivities on another property.
(C) Vibration. Other than ordinary construction activities, no use shall be operated so as to generate inherent or recurring ground vibrations detectable at the property line which create a nuisance to any person of ordinary sensitivities on another property.
(D) Lighting. Lighting facilities, if provided, shall be aimed, directed, shielded or arranged so the light sources for such facilities do not cause undue glare on neighboring properties or interfere with the safe use of public rights-of-way.
(Ord. passed 10-1-07)
§ 152.100 BURDEN OF PROOF.
The burden of proof shall rest with the applicant in all proceedings required or authorized by this chapter.
(Ord. passed 10-1-07)
§ 152.101 RIGHTS-OF-WAY FOR ROADS AND STREETS.
(A) Reservation of right-of-way. The orderly development of land is dependent upon the protection of existing and proposed major roadways in the town. The provisions of this section are intended to provide for the reservation of right-of-way for such roadways under appropriate conditions.
(1) Reservation under the roadway corridor official map act. Pursuant to authority granted by G.S. Ch.136, Art. 2E, the town or the NCDOT may from time to time adopt, amend, supplement or change a roadway corridor official map for any streets or roadways identified on the town’s thoroughfare plan.
(a) After a roadway corridor official map is filed with the Register of Deeds, no building permit shall be issued for any building or structure or part thereof located within the roadway corridor, nor shall approval of a subdivision be granted with respect to property within the roadway corridor. The provisions of this section shall not apply to valid building permits issued prior to the effective date of this section or to building permits for buildings and structures which existed prior to the filing of the roadway corridor, provided the size of the building or structure is not increased and the type of building code occupancy is not changed.
(b) No application for building permit issuance or subdivision plan approval shall be delayed by the provisions of this section for more than three years from the date of the original building permit or subdivision plan submittal.
(2) Setbacks for existing roadways. Applicants for development authorization for parcels adjoining existing roadways identified on the town’s thoroughfare plan shall propose locations for structures and other improvements which do not encroach upon the proposed rights-of-way listed in such plan.
(3) Variances. A variance from the provisions of this section may be granted by the Board of Adjustment or by Town Council, as appropriate, upon demonstration (a) that the requirements of this section result in practical difficulties or unnecessary hardships and (b) that no reasonable return may be earned from the land. For purposes of determining whether any reasonable use may be earned, the entire parcel will be considered, not just that portion lying within the bounds of the existing or proposed roadway.
(B) Dedication of right-of-way with density transfer. Whenever a tract of land located within the planning jurisdiction of the town is proposed for a use requiring development authorization under §§ 152.050 - 152.062 herein and a portion of it is embraced within a corridor for a street or highway on a plan established and adopted pursuant to G.S. § 136-66.2, the town may require the applicant to dedicate for street or highway purposes the right-of-way within such corridor. If the town elects to require such dedication it shall allow the applicant to transfer density credits attributable to the dedicated right-of-way to contiguous land owned by the applicant. No dedication of right-of-way shall be required pursuant to this section unless the entity granting development authorization shall find, prior to the grant, that the dedication does not result in the deprivation of a reasonable use of the original tract and that the dedication is either reasonably related to the traffic generated by the proposed subdivision or use of the remaining land or the impact of the dedication is mitigated by measures provided elsewhere in the Zoning Ordinance.
(Ord. passed 10-1-07)
§ 152.102 OPEN SPACE STANDARDS.
Open space is intended to provide recreational opportunities, to conserve and protect significant natural areas and environmentally sensitive areas, to conserve important historic resources, and/or to conserve productive farming and forestry uses. Functional open space enhances circulation within a site and contributes to the site’s aesthetic qualities. Open space may include any out-of-doors common space and any portion of the site not covered by a building or vehicular use area. Where required, open space shall meet or exceed the standards contained in this section.
(A) Extent of open space. Open space requirements are expressed as a percentage of the area of a development in the standards for some zoning classifications contained in §§ 152.020 - 152.033. Open space shall meet or exceed this stated percentage. The following standards shall be used in determining which portions of a development site are to be designated as open space.
(1) Primary conservation areas. The following areas are considered primary conservation areas and shall be designated as open space on development plans when open space is required.
(a) Designated floodways and floodway fringes identified as part of a flood insurance study prepared by the Federal Emergency Management Agency;
(b) Natural watercourses and any adjoining stream buffers required to be maintained in a natural vegetated and unaltered state pursuant to
(2) Secondary conservation areas. The following areas are considered secondary conservation areas. When open space is required for a development, some or all the secondary conservation areas on the development site shall be designated as open space to the extent it is necessary to meet the applicable open space standard.
(a) Any identified significant natural areas (e.g., rare plant communities, important wildlife habitat) or other environmentally sensitive areas where development might threaten water quality or ecosystems (e.g., watershed buffers, groundwater recharge areas).
(b) Any identified important historic resources (e.g., homesteads, mills, barns, archeological sites) identified from a local archeological or architectural survey or an individual site survey.
(c) Productive farmland or forest land intended for continued agricultural and/or forestry use.
(3) Additional open space. When primary and/or secondary conservation areas do not equal or exceed the open space standard for a development site, additional lands shall be designated as open space in order to meet such standard.
(B) Open space design. Provided such use is not inconsistent with §§ 152.190 - 152.199 and with other applicable regulations, open space may be used to provide active and/or passive outdoor recreation opportunities (e.g., ballfields, playgrounds, tennis courts, swimming pools, basketball courts, golf courses, bikeways, walking trails, nature trails, and picnic areas), either for the general public or for the subdivision’s residents or employees and their guests.
(1) Open space may contain only such buildings, structures, access ways, and parking facilities as are necessary and accessory to its principal uses, e.g., pedestrian path, recreational clubhouse, utility lines, driveway, small parking area, barns and other farm storage and processing facilities.
(2) The location, size, character, and shape of required open space shall be appropriate to its intended use (e.g., open space proposed to be used for recreation, particularly active recreation, shall be located and designed so as to be conveniently and safely reached and used by those persons it is intended to serve, and open space proposed to be used for ballfields, playing fields, or other extensive active recreational facilities should be located on land that is relatively flat and dry).
(3) Ownership and maintenance of open space. Arrangements for the perpetual maintenance of open space must be approved in writing by the Land Use Administrator. Any conveyance to a homeowners association shall be subject to restrictive covenants and easements reviewed and approved by the Land Use Administrator which shall prohibit future development of any open space for other than open space or recreation purposes and shall provide for continued maintenance of any open space and recreational facilities.
(Ord. passed 10-1-07)
§ 152.103 COMMON SPACE STANDARDS.
Certain developments are required to develop a specified portion of the development site as common space. Where required, common space shall meet or exceed the standards contained in this section.
(A) General design standards. Common space is intended to shape the design and character of a project through a connecting system of pedestrian areas that create a relationship among the various components of the built environment. It shall be designed to create areas where workers, residents and shoppers, as the case may be, are directly or indirectly invited to gather, browse, sit, interact or congregate. It shall be arranged as community space with open areas, landscaping, seating facilities and lighting fixtures which provide for safety and visual effects. Common spaces are intended to be places for social interaction and, thus, may include impervious surfaces. Unless interior common space is approved by the reviewing authority, common space shall be out-of-doors.
(B) Specific design standards. In addition to the general design standards contained in § 152.105(A), common space design shall comply with the following.
(1) Trees. One tree shall be planted for each 500 square feet of common space. Trees shall have a minimum caliper of three to three and one-half inches measured six inches above ground at the time of planting.
(2) Utilities. All utilities service lines and connections shall be underground.
(3) Seating. Seating shall be provided to accommodate workers, residents and/or shoppers. Seating may be accomplished in whole or in part using planters or other similar structures.
(4) Amenities. Common space for a development shall contain adequate amenities to animate and enliven the environment and to make it conducive for social interaction. Following is a list of such amenities: ornamental fountains, stairways, waterfalls, public art, arbors, trellises, planted beds, drinking fountains, clock pedestals, awnings, canopies, informational kiosks, and similar structures. This list is not intended to be exhaustive.
(C) Lands which may be designated as common space. The following standards control what lands in a development may be designated as common space.
(1) Primary conservation areas shall not be designated as common space absent authorization from the town in those circumstances where, due to careful design, the land in question can fulfill the function of common space without compromising the purposes served by primary conservation areas.
(2) Land that is burdened with easements may be used provided that the easements do not interfere with the use of the land for common space and do not permit future development.
(D) Ownership and maintenance of common space. Arrangements for the perpetual maintenance of common space must be approved in writing by the Land Use Administrator. Any conveyance to a homeowners association shall be subject to restrictive covenants and easements reviewed by the Land Use Administrator and recorded and filed in accordance with the times specified in this section. The covenants and easements shall prohibit future development of any common space for other than the purposes specified herein and shall provide for continued maintenance of any such common space.
(E) Completion of common space. All common space shall be set aside and improved no later than the following applicable date:
(1) For subdivisions: prior to the sale of any lot;
(2) For planned developments: no later than the date on which certificates of occupancy are issued for the first 75% of the total number of dwelling units to be constructed in the project area.
(Ord. passed 10-1-07)
§ 152.104 SEPARABILITY.
Should any section or provision of this chapter be declared invalid by any court, such declaration shall not affect the validity of this chapter as a whole or any part thereof which is not specifically declared to be invalid.
(Ord. passed 10-1-07)
§ 152.105 TRANSPORTATION IMPACT ANALYSIS.
The purpose of a transportation impact analysis (TIA) is to assess the impact of a proposed development on the existing transportation system. A TIA will (1) ensure that the transportation network has adequate capacity to handle projected transportation demand associated with the project, (2) identify problems with the transportation system, (3) delineate solutions to identified problems, and (4) identify improvements to be incorporated into the proposed development.
(A) Required. Applicants for development authorization in which the proposed development, redevelopment, or change of use is expected to generate 100 or more peak-hour trips (a.m. or p.m.) or 1,000 or more trips daily shall have prepared by a qualified professional a TIA meeting the guidelines established in this section. In addition to the foregoing, the Planning Director shall have the discretion to require a TIA when there are localized safety or capacity deficiencies.
(B) Presubmittal conference. An applicant for development authorization for any project expected to meet or exceed one or both of the TIA thresholds specified in division (A), above, shall schedule a presubmittal conference with the town. The engineering firm selected to prepare the TIA shall attend this meeting the purpose of which is to establish the study area, the trip distribution, the traffic counts to be utilized, approved developments in the area, pass-by and internal capture percentages, additional hours of analysis, if required (other than a.m. or p.m. peak), and resolve any other questions specific to the site.
(C) TIA submission. Three copies of the TIA, if required, shall accompany the application for development authorization. The TIA shall be prepared by a licensed engineer registered to practice in the State of North Carolina who shall have traffic assessment and transportation management experience. At a minimum, the TIA shall include the following:
(1) Study purpose and objectives.
(2) Description of the site and study area boundaries including appropriate mapping and rationale for selection of the study area boundaries.
(3) A summary of existing conditions including, but not limited to, surrounding street and key intersection traffic volumes (daily and peak-hour), turning movements, capacities, safety deficiencies, and funded transportation improvements.
(4) Anticipated or approved development in the area.
(5) Trip generation, trip distribution, and discussion of the following:
(a) Trip generation rates shall be based on trip generation rates contained in the latest edition of Trip Generation published by the Institute of Transportation Engineers (ITE). The applicant shall also provide the ITE code used to identify the development trip generation rate and assumptions used or data collected for any variations from generally accepted ITE rates or equations.
(b) Pass-by trip factors and assumptions.
(c) Internal trip assumptions for mixed use developments.
(d) Trip distribution assumptions.
(6) Projection of future traffic volumes and assessment of future roadway and intersection operating conditions for the year of the ultimate completion of the project. All projections should specifically document projected background traffic as well as the traffic generated by the proposed development. If the project is to be phased; projections for each phase of the development is required. If the unphased build-out period of the project is greater than nine years, then a minimum of one intermediate and one full build-out projection is required. All projections and assessments should include the following three scenarios:
(a) No build.
(b) Maximum possible development under existing use or zoning. Applicant shall conduct assessment of project phasing. The impact of the development of a particular phase is not to be compared with the total possible build-out of the entire project location.
(c) The development as proposed.
(7) Analysis of the key elements of the development and evaluation of the impacts of the development on the following:
(a) Generalized peak hour and/or daily Link Level of Service (LOS) analysis. Using the peak hour directional volumes and daily traffic volumes forecast and service thresholds, a general evaluation shall be made of the street system for the short term and long-term horizon years. If the project is to be phased; then an assessment of conditions after the completion of each phase of the development is required. Incremental differences attributable to the land use action shall be identified. A map showing generalized levels of service shall be presented for each design year.
(b) Access analysis. The deign, number, and location of access points to collector and arterial roadways must be fully analyzed. The number of access points shall be kept to a minimum and be designed to be consistent with the type of roadway facility. Access analysis shall include a strip accident, intersection accident analysis and bicycle/ pedestrian analysis.
(c) Intersection analysis (signal warrant analysis, phasing analysis, intersection crash analysis and progression analysis). The appropriateness of the development’s access locations and type must be established. For full-access locations, a signal warrant analysis based on the Manual on Uniform Traffic Control Devices must be conducted for each design year. Traffic signals specifically warranted by the land use action shall be identified.
(d) Peak hour intersection level of service. An a.m. and p.m. peak hour intersection level of service analysis shall be conducted for each intersection, based on procedures specified in the most recent release of the Highway Capacity Manual. Levels of service for signalized intersections shall be based on the signal timings developed for the signal progression analysis.
(e) Turn lane storage requirements. Turn lane storage needs shall be identified for the “warranted” situation, based on projected turning volumes and AASHTO analytic techniques. Appropriate documentation of the calculations must be provided.
(f) Sight distance. The identification of sight distance at the development entrances and all internal streets shall be conducted.
(g) Appropriateness of acceleration or deceleration lanes. All proposed development access points on arterials shall be evaluated to determine the need for acceleration lanes or deceleration lanes, with justification and basis provided for recommendations.
(h) Pedestrian and bicycle analysis. Continuity and adequacy of pedestrian and bike facilities shall be provided to the nearest attraction (exiting or planned) within 1/4 mile of the development site. Destinations of significance include bus stops, elementary schools, parks, activity centers and major bicycle facilities. Adherence to the Americans with Disabilities Act (ADA) shall be required.
(i) Public transportation analysis. Existing and proposed (if any) public transportation facilities analysis shall be provided.
(j) Special analysis/issues. The town may require specific focused traffic analyses relative to the proposed development.
(8) Recommendations for site access and transportation improvements or mitigation measures needed to maintain traffic flow to, from, within and adjacent to the proposed development at an acceptable and safe level of service (generally assumed at LOS D or better). Any recommendations for roadway improvements should identify funding sources for these improvements.
(9) Data collected for the study shall be made available to the town for evaluation of the study conclusions. The format for date submission as well as format for data to be provided to the town will be determined at a pre-consultation meeting between the applicant and the town.
(Ord. passed 10-1-07)