For the purpose of this chapter, the unincorporated territory of the County is divided into districts as follows:

A-I—Agricultural District

R-R—Rural Residential District

M-R—Mixed Residential District

S-R—Suburban Residential District

B-3—Office and Professional District

B-2—Neighborhood Commercial District

B-1—General Commercial District

I-2—Limited Industrial District

I-1—Industrial District

G-S—Government and Special Use District

C-O—Conservation Overlay District

A-O—Airport Overlay District

The boundaries of the respective districts designated in section 21-200 are shown upon a series of maps entitled "Zoning District Maps" which are attached or appended to the original copy of this chapter and are hereby adopted and made a part of this chapter. All notations, references and other information shown thereon shall have the same force and effect as though fully set forth and described in this chapter. The series of maps shall be filed in the office of the Director of Planning at the Henry County Administration Building.

(Ord. of 6-24-03, § 6)

The Zoning Administrator shall preserve the series of maps filed in his office by the Clerk of the Board of Supervisors. The Zoning Administrator shall cause all extensions, contractions or other changes made in the boundaries of the districts shown thereon to be indicated on the copies of the maps as soon as practical after the effective dates of such extensions, contractions or changes.

Whenever uncertainty exists with respect to the location of the boundary lines of the district shown upon a district map, the boundary line, unless dimensions are on the map, shall be determined as follows:

A.

The boundary shall be the centerline of the street, if there be one, nearest the periphery of the district.

B.

In the event there is no street and the land is divided into lots or blocks, the boundary line shall be the property line of the lots or blocks nearest the periphery of the district.

C.

In the event there is no street and the land is not divided into lots or blocks, the boundaries shall be a line determined by measurement of the distance shown on the district map according to the scale indicated thereon.

The minimum yards, parking spaces and other open spaces, required for every existing or for any building hereafter erected, shall not be encroached upon and considered as yard or parking space or open space required for any other building or use, nor shall any yard or lot area be reduced below the district requirements of this chapter.

A.

Every principal single family detached residential structure hereinafter erected or structurally altered shall be located on a lot herein defined and in no case shall there be more than one (1) such structure per lot with the following exceptions:

a.

The development of planned units.

b.

A mobile home may be placed on a parcel temporarily as a dwelling unit in a zoning district in which a mobile home is a permitted use while construction of a site built residence is underway. A certificate of occupancy shall not be issued for the site built residence until the mobile home is moved from the site or the parcel is subdivided under the requirements set forth in the Subdivision and Zoning Ordinances to accommodate each residential use.

c.

A use defined as a temporary use.

d.

Manufactured home parks.

B.

In such cases where a medical hardship exception is determined, the temporary placement of a second structure on a lot may be permitted with the issuance of a special use permit by the Board of Zoning Appeals.

1.

Definition of a medical hardship. A medical hardship shall be defined as the necessity to provide living quarters for the elderly or persons needing continuous care by reason of medical illness or disease, or others who will care for such persons.

2.

Requirements. The following requirements shall be adhered to by the Board of Zoning Appeals when reviewing a special use application in a medical hardship exception:

a.

Placement of a mobile home will only be permitted in a zoning district which allows such placement by the Zoning Ordinance.

b.

All setback requirements as set forth in the Zoning Ordinance must be adhered to.

c.

Certification shall be required from the local health department indicating approval of water and sewer hook-up for the proposed structure.

d.

A physician's certification must be attached to the special use application for review.

3.

Expiration of special use permit for medical hardship exceptions.

a.

A special use permit for a medical hardship exception shall be valid for a period of one (1) year. The permit shall be subject to renewal by the Zoning Administrator upon written request by the applicant. Such request must be accompanied by a current physician's certification for review.

b.

Upon the expiration of the permit, or when the hardship ceases, the structure must be removed from the site within sixty (60) days.

4.

Application and procedure for issuance of a special use permit. Application and procedure shall be followed as set forth in section 21-1702, application for special exceptions and variances.

5.

Procedure for renewal of special use permit for medical hardship exceptions. Notice shall be sent to the applicant at least forty-five (45) days prior to the date of expiration. Such notice will specify the date by which the required information must be submitted to the Zoning Administrator. Failure by the applicant to supply the necessary information will result in termination of the special use permit.

(Ord. of 6-24-03, § 1, 7)

No land which is located in a residential district shall be used for driveway, walkway or access purposes to any land which is located in a business or industrial district, or used for any purpose not permitted in a residential district.

A.

No buildings or structures shall be erected, reconstructed, altered, or enlarged without the owner or owners first having obtained a building permit therefor from the Henry County Building Inspector. Such permit shall require conformity with the provisions of this chapter and shall be issued only after concurrence and authorization to do so by the Zoning Administrator.

B.

In applying to the Building Inspector for a building permit, the applicant shall submit two (2) copies of a scale drawing showing the size and shape of the parcel of land on which the proposed building or structure is to be constructed, reconstructed, altered, or enlarged. In addition, the drawing shall indicate the nature of the proposed use of the structure or land and the location of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land. Any other information which the Administrator may deem necessary for consideration of the application may be required. All drawings and information contained thereon shall be reviewed by the Zoning Administrator for determining whether the provisions of this chapter are being observed. If the proposed building or use is in conformity with the provisions of this chapter and all other established building requirements, a permit shall be issued by the Building Inspector. One (1) copy of the scale drawings shall be maintained in the office of the Administrator.

C.

Nothing contained in this chapter is intended to change, revise, or otherwise alter the established building requirements as authorized and enforced by the Henry County Building Inspector.

Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy has been issued by the Administrator. Such a permit shall state that the building or the proposed use, or the use of the land, complies with the provisions of this chapter. A similar certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use. A certificate of occupancy either for the whole or a part of a building shall be applied for simultaneously with the application for a building permit. The permit shall be issued after the erection or structural alteration of such building or part has conformed with the provisions of this chapter, and applicable Building Code requirements.

The purpose of the special use permit is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties. These uses usually have unusual characteristics or are generally of a public or semi-public character and are essential and desirable for the general convenience and welfare, but because of the nature of the use, the importance of relationship to the Henry County Comprehensive Land Use Plan, and possible impact, not only on neighboring properties, but on a large section of the County, require the exercise of planning judgment on location and site plans. A special use should be approved only if it is found that the location is appropriate and not in conflict with the Comprehensive Plan, that the public health, safety, morals, and general welfare will not be adversely affected, that adequate off-street parking facilities will be provided, and that necessary standards for the protection of surrounding property, persons and neighborhood values will be maintained. Where permitted by this chapter, the following uses shall require, in addition to the building permit and certificate of occupancy, a special use permit which shall be subject to such conditions as the Board of Zoning Appeals deems necessary to carry out the intent of this chapter.

A.

Application. The application and procedure as set forth in section 21-1702.

B.

Standards. The following standards shall be used as guidelines by the Board of Zoning Appeals acting upon special use applications:

1.

That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;

2.

That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

3.

That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

4.

That the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood;

5.

That adequate utilities, access roads, drainage or necessary facilities have been or are being provided;

6.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

7.

That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board of Zoning Appeals.

C.

Conditions and guarantees. Prior to the granting of any special use, the Board of Zoning Appeals may require, such conditions and restrictions upon the establishment, location and construction of the special use necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in B. above. In all cases in which special uses are granted, the Board of Zoning Appeals shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

D.

All special use permits are subject to revocation by the Board of Zoning Appeals following a public hearing if the approved original, modified, or amended permit, or the conditions specified therein, or the ordinances of the Henry County Code, are not compiled with.

(Ord. of 6-24-03, § 5)

In all districts, off-street parking areas shall be provided in connection with and as a necessary use to each and every use on the premises to be served or within six hundred (600) feet, except parking for dwellings shall be adjacent to premises.

The minimum number of parking spaces to be provided for each use shall be as follows:

(Ord. of 6-24-03, § 8)

A.

A parking space for an automobile shall have dimensions as specified in the chart and diagram below:

Parking Space Area

1.

Minimum aisle width for one-way directional use with perpendicular parking—20'.

2.

Minimum aisle width for one-way directional use with angled parking—14'.

3.

Minimum aisle width for two-way directional use with a single tier of perpendicular parking—20'.

B.

Each parking area shall be gravel, stone, asphalt or concrete surface and have appropriate bumper guards where needed as determined by the Administrator. Any lighting shall be so arranged to direct the light and glare away from nearby residential property and public streets. Vehicular entrances and exits shall comply with state standards.

C.

No parking spaces or visual barriers shall be located within six (6) feet of any right-of-way line if such spaces are to be used in conjunction with a multi-family residential, commercial, or industrial use.

(Ord. of 8-24-98)

A.

All signs shall be maintained in good condition and appearance. After due notice has been given, the Administrator may cause any sign which shows gross neglect or dilapidation to be removed.

B.

No sign shall be permitted which, in the opinion of the Administrator.

1.

Creates any hazard to persons or property;

2.

Inhibits, interferes, or obstructs the vision clearance requirements of traffic; or

3.

Creates confusion with any authorized traffic sign or signal.

C.

All signs shall be setback ten (10) feet from any right-of-way, except temporary signs, which may be erected up to the front property line. All signs shall satisfy the minimum side yard requirements of the district in which they are located.

D.

All signs shall be subject to the same height limitations imposed upon other buildings and structures in the use district in which the sign is located, except in the Commercial B-1 District and industrial districts where the maximum height of any sign shall be fifty (50) feet.

A.

The following chart indicates the type and maximum size (in square feet) of signs permitted in each zoning district. If the sign chart gives no numerical maximum size, then the indicated type of sign is not permitted in the indicated zoning district:

B.

These regulations shall be interpreted to permit one (1) freestanding sign, either single-faced or double-faced, for each permitted use on the lot or premises, except in the case of business and general advertising signs where regulations will be interpreted as the maximum aggregate area of such signs, either single-faced or double-faced.

C.

A special use permit will be required for all general advertising signs.

D.

Signs intended to advertise the sale or rental of any single item, residence, or property on the same premises shall be permitted provided that the business sign requirements for the district in which the article is located are met. Such signs shall be removed upon the sale or rental of the item, residence, or property.

E.

Portable signs meeting area and height limits of this section and advertising businesses on the same property on which they are located may be permitted as a temporary use provided they are removed within thirty (30) days.

The minimum setback for structures on State Road 174, also known as Kings Mountain Road, shall be fifty (50) feet from the street right-of-way. All signs shall be erected along this road in accordance with the setback requirements in section 21-214.

A.

The number of dogs that may be kept in a commercial kennel, shall be defined by the required special use permit for such kennel, (see section 21-302, 21-902, 21-1002) except Industrial I-1 District to which the following chart shall apply.

B.

Up to five (5) dogs, not including puppies under six (6) months of age, may be kept for private use in all zoning classifications in Henry County. More than five (5) dogs may be kept as indicated by the following chart: Zoning Districts

Legend:

C.

As of the effective date of this chapter (August 1, 1994) annual renewal of multi-dog licenses shall be based upon the information provided on the applicant's kennel license from the previous year. The Treasurer's Office shall issue a multi-dog license to the individual or a member of his/her immediate family who possesses the previous year's license for the same or lesser range of dogs. In subsequent years, item B. of section 21-217 (above chart) shall apply to any increase in the number of dogs into a greater range. The issuance of a Class 1 or Class 2 multi-dog license for under six (6) dogs must meet zoning requirements for maximum number of allowed dogs in that zoning classification prior to its issuance.

D.

The Henry County Animal Control Officers shall conduct on-site inspections/verifications of property involving dogs. The findings of such officers shall be binding.

(Ord. of 8-24-98)

Cross reference— Additional provisions governing number of dogs permitted in zoning classification, § 5-106.

The following requirements shall apply to all developments which are required to submit a site plan:

A.

The Zoning Administrator shall have the authority to require the replacement of trees destroyed during site development. During development, reasonable efforts shall be made to preserve and protect:

1.

Trees of six-inch caliper or larger and ornamental trees.

2.

Trees within required setbacks, along property boundaries or within twenty (20) feet of streams or lakes, unless necessary to remove for access, traffic circulation, utilities, drainage or similar reason.

3.

Streams in their natural condition.

B.

A landscaped buffer screen, a minimum of ten (10) feet wide, which provides a dense, year-round visual and noise obstruction not less than six (6) feet in height shall be required as follows:

1.

In any required yard of a lot containing a multifamily apartment, town house, or manufactured/mobile home park where said yard abuts a lot containing a single-family detached dwelling or two-family dwelling or which abuts a lot zoned SR or MR;

2.

In any required yard of a lot containing a commercial, industrial or other nonresidential use where said yard abuts a lot containing a residential use or a lot which is zoned residential; and

3.

Along the side of outdoor storage areas, except automobile and other retail display areas, where said side is visible from a public street.

Unless otherwise approved by the Zoning Administrator, such screening shall consist of plant material. The plant material shall include either evergreen trees, deciduous trees, shrubs, or any combination thereof. Deciduous trees shall have a minimum of two-inch caliper at planting and shall be spaced no more than fifty (50) feet apart. With the approval of the Zoning Administrator, a solid fence, of a type acceptable to the Zoning Administrator, may be substituted for part of the required plant material.

C.

Refuse dumpsters, air conditioning equipment, and other similar equipment located on the ground shall be screened from view from a public street and from adjoining properties to the extent that such screening does not hamper their operation.

D.

Additional landscaping:

1.

Deciduous trees, having a minimum caliper of two (2) inches at planting shall be provided in any required yard of a lot which abuts a public street; and trees shall be provided at a rate of one (1) tree for each fifty (50) feet of street frontage. Such trees shall be planted as to not interfere with the maintenance of existing utilities;

2.

All required yards and open spaces not used for parking, driveways or outdoor storage shall be landscaped;

3.

In addition to other requirements set out in this section, landscaping shall be provided within all parking lots except automobile display and storage areas, to provide shade and/or visual buffering. Associated planting areas shall represent a minimum of five (5) percent of the total area used for parking.

E.

All required landscaping shall be installed prior to the issuance of a permanent certificate of occupancy. The owner or occupant of the property upon which required landscaping is installed shall be responsible for the maintenance and replacement, if necessary of all required landscaping materials. If landscape materials are destroyed or die they shall be replaced within six (6) months of notification by the County.

After due notice, any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars ($10.00) and not more than one thousand dollars ($1,000.00). Each day such violation shall continue shall be a separate offense.

(Amend. of 7-25-06)