This division contains standards that apply to uses in all districts.

(Ord. of 7-12-1999, div. 03.200)

Residential uses may have accessory buildings provided they conform to the following standards:

(1)

Generally. Accessory structures shall meet the following standards:

a.

Except where otherwise permitted in this subsection, freestanding structures shall be located in the side or rear yard of all lots. However for corner lots, accessory structures shall only be permitted in the rear yard or in the side yard of corner lots that are not adjacent to a street right-of-way. Lots containing more than two acres but less than ten acres may have one accessory structure placed in the front yard if the accessory structure meets the following: (i) does not exceed half of the total square footage of the principal structure; (ii) does not exceed the maximum height allowed by the zoning district in which the property is located; (iii) is no closer than the required street setback of the underlying zoning district; and (iv) is located at least ten feet from the property's driveway if the accessory structure is something other than a detached garage or carport. On parcels containing ten or more acres, the accessory structure may be placed in the front yard provided that it is located a minimum of 100 feet from any street right-of-way and minimum of 25 feet from any side property line. Accessory structures on property that borders Kerr Lake Reservoir shall be allowed in the front, side or rear yard.

b.

No accessory structure or recreational structure may extend within ten feet of a lot line, nor within 20 feet of a street right-of-way line.

c.

No accessory building shall exceed 35 feet in height, nor shall any accessory building exceed the height of the principal structure.

d.

An accessory building shall only be allowed on a lot upon which no primary dwelling exists in AR-80, AR-40 and R-25 districts. No electricity supplied by a utility company may be attached to the building nor available on the lot itself until a primary dwelling is established. In addition, all future buildings and utilities shall be required to meet all county ordinances and regulations.

(2)

Fences and walls. Fences and walls shall be permitted as accessory structures, provided they comply with the following:

a.

No wall more than three feet in height, or retaining wall more than five feet in height may be placed in any front yard unless required or authorized by another section of this chapter.

b.

Fences may not exceed eight feet in height unless required or authorized by another section of this chapter.

c.

Fences and walls are exempt from the setback requirements of this chapter.

(3)

Accessory residential ethanol/biodiesel fuel production for private use must meet the following standards as a minor special use permit:

a.

The still and/or storage tanks shall be placed at a minimum of 50 feet from dwellings.

b.

The still and/or storage tanks shall be placed at a minimum of 100 feet from any vehicular right-of-way and property lines.

c.

The minimum lot size to have such an operation is five acres.

d.

The maximum storage tank size is 500 gallons.

e.

The aggregate volume of ethanol/biodiesel fuel stored at any time on the property shall not exceed 500 gallons.

f.

The ethanol fuel must be dispensed from either a gravity flow or vacuum flow pump.

g.

The sale of ethanol/biodiesel fuel is prohibited.

h.

The use of ethanol/biodiesel is restricted to use as fuel by the members of the household of the owner or lessee of the property upon which the ethanol is produced.

i.

The individual wishing to operate such operations must present approved state and federal permits for the production of ethanol prior to beginning operation.

j.

Use may not occur within a major subdivision as defined by this land development chapter.

k.

Waste by-product must be stored in a 55-gallon sealed barrel.

l.

The aggregate volume of waste by-product to be stored at any time on the property is 220 gallons (equivalent to four 55-gallon sealed barrels).

m.

Waste by-product may be stored on property a maximum of 48 hours.

n.

Only non-cellulose materials (fruits, grains, and vegetables) can be used to produce ethanol.

o.

Storage tanks must be located inside an above-ground containment area made of concrete that can hold 100 percent of the tank size located within it. Upon request by the applicant, the containment area may be constructed of other materials upon approval by the land development administrator or deputy and fire marshal.

p.

Fuel production operations must be contained within a fenced-in area.

q.

Acceptable storage tank materials include aluminum, steel, fluorinated polyethylene, fluorinated polypropylene, teflon and other similar durable, noncorrosive materials. Copper, brass, lead, tin, and zinc are prohibited.

(4)

An application for a proposed wind energy facility (small system) located at a residence must meet the following standards as an accessory use requiring a minor special use permit:

a.

A wind energy facility must be setback from all property lines a distance equal to one linear foot for every foot of height of the highest structure that is part of the facility or the minimum setback for the zoning district, whichever is greater.

b.

A wind turbine shall not be allowed in major subdivisions as defined by the land development chapter.

c.

A wind turbine may only be located in the rear yard of the dwelling. A turbine cannot be located on a corner lot.

d.

Rotor blades on wind turbines must maintain at least 24 feet of clearance between their lowest point and the ground.

e.

Maximum height of wind turbines shall be 80 feet.

f.

Application.

1.

A minor special use permit application for the proposed wind energy facility shall additionally include:

i.

The approximate generating capacity of the wind energy facility;

ii.

The representative type and height of the wind turbine to be constructed, including its generating capacity, dimension and respective manufacturer, and a description of ancillary facilities;

iii.

Identification and location of the property on which the proposed wind energy facility will be located;

iv.

A site plan showing the planned location of the wind turbine, property lines, setback lines, access road and turnout locations, and location of all structures and properties within the applicable setback;

v.

Evidence of compliance with applicable Federal Aviation Administration regulations;

vi.

Signature of the property owner(s) of the wind energy facility.

vii.

No wind energy system shall be installed until evidence has been furnished that the applicable utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Such evidence shall be in the form of a written verification that the plans have been reviewed and, if built to plans, the system will be accepted by the utility company and shall be furnished along with the application.

g.

Installation and design.

1.

The installation and design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute.

2.

All electrical and mechanical components of the wind energy facility shall conform to relevant and applicable local, state and national codes.

3.

Any onsite transmission or power lines shall, to the maximum extent possible, be installed underground.

4.

Attachment to a building of any kind shall be prohibited.

h.

The visual appearance of wind energy facilities shall:

1.

Be constructed of a corrosion resistant material that will not fade, show rust spots or otherwise change the appearance as a result of exposure to the elements and be a non-obtrusive color such as white, off-white or gray;

2.

Not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety; and;

i.

Any wind energy system that is not functional shall be repaired by the owner within a three-month period or be removed. In the event that the county becomes aware of any wind energy system that is not operated for a continuous period of three months, the county will notify the landowner by certified mail and provide 45 days for a written response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the county deems the timetable for corrective action as unreasonable, the county shall notify the landowner and such landowner shall remove the turbine with 120 days of receipt of said notice. Any disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

(5)

An application for a proposed solar collector/energy system located at a residence must meet the following standards as a limited accessory use:

a.

Solar collector. All solar energy collectors, whether ground mounted or mounted on an existing structure, shall meet the minimum accessory structure zoning setbacks for the zoning district in which located. The height of the structure shall not be taller than the maximum allowed height of a structure in the zoning district in which located. A ground-mounted solar collector shall meet the location standard in subsection (1)a.

(6)

Accessory dwelling located within a stick built dwelling.

a.

Definition. An addition (such as a mother-in-law suite) to an existing single family stick-built dwelling, containing separate sleeping, kitchen, and bathroom facilities.

b.

Standards. No more than one accessory dwelling located within a principal dwelling per lot.

(7)

Temporary health care structures (as defined in G.S. 160D-915).

a.

Standards. Use shall comply with all development standards as established by G.S. 160D-915.

b.

Permit revocation. Local government may revoke permit following the revocation process in G.S. 160D-915.

(Ord. of 7-12-1999, § 03.210; Amend. of 11-17-2008, § 2; Amend. of 8-3-2009, §§ 2, 6, 9; Amend. of 8-2-2010, § 1; Amd. of 11-18-2019(1), §§ 4, 5; Amend. of 4-19-2021(2), § 1; Amend. of 11-18-2024(1), § 1)

Nonresidential uses may have a variety of accessory uses within the principal structure or in separate structures. Food trucks are nonresidential accessory uses and must meet the requirements of section 32-163(9).

(1)

Accessory industrial uses shall be permitted only in the I-1 or I-2 districts and are prohibited elsewhere. Generally, an accessory use shall be essential to or traditionally conducted in association with the principal use which is a permitted, limited, minor or major special use. Also, residences for watchmen and caretakers shall be permitted as accessory to industrial or institutional uses. Uses not permitted in the district shall be prohibited, except where the uses constitute less than 15 percent of the total floor area of its principal use.

(2)

Generally. No uses or structures shall be within the required yards. Except for loading and storage, the accessory use's organization or placement shall be at the landowner's discretion.

(3)

Fences. Hazardous utilities or other uses requiring fencing, for safety or liability reasons or to prevent access, shall meet the following additional standards:

a.

Fences may not exceed ten feet in height in industrial and commercial districts. Fences greater than eight feet in height shall be of an open type similar to woven wire or wrought iron. Fences and walls may exceed the height requirements of this section if required or specifically authorized by another section of this chapter.

b.

A hedge shall be required around the fenced area where a metal mesh fence is used. The shrubs shall be installed every four feet on center.

c.

If barbed wire is necessary, a double row of shrubs shall be planted, each row installed every three feet on center and maintained at the fence height.

d.

If razor wire or concertina wire is to be used, a metal and/or masonry decorative fence (with approval by the land development administrator) shall be erected 15 feet outside the wire fence and surrounded by a buffer yard.

e.

Fences and walls are exempt from the setback requirements of this chapter.

(4)

Loading and truck access. Where loading and truck access is in the yard between residential uses or vacant land that can only be residentially used, the area shall be enclosed as indicated in figure 03.211D.

ENCLOSURE FOR LOADING AND TRUCK ACCESS

(5)

Outdoor storage. Outdoor storage shall be prohibited except as indicated in this chapter. Except in the I-2 district, all exterior or outdoor storage shall be enclosed by a wall or opaque fence of sufficient height to screen the stored materials from view. If a fence, rather than a wall, is used, then shrubs shall be planted at three-foot intervals on center around the periphery.

(6)

A wind energy facility (small or large system) shall be allowed as a nonresidential accessory use requiring a minor special use permit in all commercial or industrial zoning classifications subject to the following standards:

a.

A wind energy facility must be setback from all property lines a distance equal to one linear foot for every foot of height of the highest structure that is part of the facility or the minimum setback for the zoning district, whichever is greater.

b.

A wind turbine may only be located in the rear yard of the business. A turbine cannot be located on a corner lot.

c.

Rotor blades on wind turbines must maintain at least 24 feet of clearance between their lowest point and the ground.

d.

Maximum height of wind turbines shall be 80 feet.

e.

Reserved.

f.

Application.

1.

A minor special use permit application for the proposed wind energy facility shall additionally include:

i.

The approximate generating capacity of the wind energy facility;

ii.

The representative type and height of the wind turbine to be constructed, including its generating capacity, dimensions and respective manufacturer, and a description of ancillary facilities;

iii.

Identification and location of the property on which the proposed wind energy facility will be located;

iv.

A site plan showing the planned location of the wind turbine, property lines, setback lines, access road and turnout locations, and location of all structures and properties within the applicable setback;

v.

Evidence of compliance with applicable Federal Aviation Administration regulations;

vi.

Signature of the property owner(s) of the wind energy facility;

vii.

No wind energy system shall be installed until evidence has been furnished that the applicable utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Such evidence shall be in the form of a written verification that the plans have been reviewed and, if built to plans, the system will be accepted by the utility company and shall be furnished along with the application.

g.

Installation and design.

1.

The installation and design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute.

2.

All electrical and mechanical components of the wind energy facility shall conform to relevant and applicable local, state and national codes.

3.

Any onsite transmission or power lines shall, to the maximum extent possible, be installed underground.

4.

Attachment to a building of any kind shall be prohibited.

h.

The visual appearance of wind energy facilities shall:

1.

Be constructed of a corrosion resistant material that will not fade, show rust spots or otherwise change appearance as a result of exposure to the elements and be a non-obtrusive color such as white, off-white or gray;

2.

Not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety; and;

i.

Any wind energy system that is not functional shall be repaired by the owner within a three-month period or be removed. In the event that the county becomes aware of any wind energy system that is not operated for a continuous period of three months, the county will notify the landowner by certified mail and provide 45 days for a written response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the county deems the timetable for corrective action as unreasonable, the county shall notify the landowner and such landowner shall remove the turbine with 120 days of receipt of said notice. Any disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

(7)

Active solar energy systems shall be allowed as an accessory limited use in all commercial or industrial zoning districts under the following standards:

a.

Roof-mounted solar systems. In addition to the building setback, the collector surface and mounting devices for roof-mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.

1.

Pitched roof mounted solar systems. For all roof-mounted systems other than a flat roof the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.

2.

Flat roof mounted solar systems. For flat roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building.

3.

The underlying zoning district maximum height for these systems shall be complied with.

b.

Ground-mounted solar systems. Ground-mounted solar energy systems shall meet the minimum zoning setback for the zoning district in which located, or 25 feet, whichever is strictest. The height of the structure(s) shall not be taller than 25 feet in height.

c.

Visibility. Active solar systems shall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways or adjacent residentially-zoned property using the standards found in section 32-264.

d.

Approved solar components. Electric solar system components must have a UL listing.

e.

Plan approval required. All solar systems shall require a limited use approval by the planning department.

1.

Plan applications. Plan applications for solar systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground mount system, including the property lines.

2.

Plan approvals. Applications that meet the design requirements of this section shall be granted administrative approval by the planning department.

f.

Compliance with building code. All active solar systems shall meet approval of local building code officials, consistent with the North Carolina Building Code.

g.

Compliance with electric code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

h.

No grid-intertie photovoltaic system shall be installed until evidence has been given to the planning department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

(8)

This subsection is applicable only to institutional land uses defined in this chapter. Electrical power may be run to an accessory building located on a parcel adjacent to and under common ownership with the parcel upon which an institutional land use's principal building is located. For the purposes of this subsection, a parcel separated by a road right-of-way from the parcel upon which an institutional land use's principal building is located shall be considered adjacent to the parcel upon which the institutional land use's principal building is located. The accessory building shall meet the following criteria:

a.

Accessory building shall not be larger than 1,000 square feet in size.

b.

Accessory building must meet the setback requirements of section 32-262 and table 04.100B of this article.

c.

No institutional land use shall have more than one accessory building not located on the parcel upon which the institutional land use's principal building is located.

(9)

Food trucks.

a.

Operational conditions.

1.

Food truck vendors must provide documentation of approval from the health department.

2.

The county health permit must be displayed during hours of operation.

3.

Temporary connections to potable water are prohibited. All plumbing and electrical connections shall be in accordance with the State Building Code.

4.

Grease and wastewater must be contained and disposed of in an approved grease receptacle.

5.

Food trucks are not permitted to remain on site overnight.

6.

A food truck vendor shall not operate the food truck as a drive-in window.

7.

Food trucks located at nonresidential uses in residential zoning districts may not operate more than 14 calendar days a year.

8.

Food trucks may not operate on property that is used for residential purposes.

9.

The planning director may engage in zoning enforcement or prohibit/suspend a food truck vendor's operations if [they] are causing parking, traffic congestion, or litter problems either on or off the property where the use is located or such use is otherwise creating a danger to the public health or safety.

b.

General location requirements.

1.

Food trucks must be located on private property with written permission from property owner.

2.

Food trucks shall be positioned at least 400 feet from the customer entrance of an existing restaurant during hours of operation, unless the vendor provides documentation that the restaurant owner supports a closer proximity.

3.

Food trucks shall not block parking spaces, drive aisles, access to loading/service areas, or emergency access and fire lanes. Food truck vending must also be positioned at least 15 feet away from fire hydrants, any fire department connection, and driveway entrances.

4.

No more than two food trucks are permitted as an accessory use. A location may have more than two food trucks for an event that does not last more than two days.

c.

Signage. No signage shall be allowed other than signs permanently attached to the motor vehicle. An easel sign no more than 12 square feet per sign face in display area may be placed within the customer waiting area.

(Ord. of 7-12-1999, § 03.211; Amend. of 8-3-2009, §§ 8, 10; Amend. of 3-19-2012, § 1; Amend. of 1-6-2014, § 1; Amd. of 11-18-2019(1), § 6; Amend. of 4-19-2021(2), § 1)

Family cemeteries are permitted accessory uses in all districts where cemeteries are permitted with no minimum lot size requirements, subject to review by the county health department to ensure that the proposed location will not threaten water supplies or create other potential threats to public health. In addition, all family cemeteries shall comply with NCGS 65-1. If a family cemetery is proposed to be subdivided from another parcel, the remainder parcel must meet dimensional requirements of this chapter and not become nonconforming. Subdivision of a family cemetery is subject to recordation with the county register of deeds.

(Ord. of 7-12-1999, § 03.212)

Where dumpsters or commercial common waste storage facilities are used in residential developments or nonresidential developments, the area where a dumpster and/or garbage can is stored shall be fully enclosed with a wood or masonry fence (or other durable low-maintenance materials approved by the board) or berms. The gates shall be kept closed. The area shall be landscaped as indicated in figure 03.213.

FIGURE 03.213
LANDSCAPING FOR WASTE OR TRASH STORAGE AREAS

(Ord. of 7-12-1999, § 03.213)