Kings Mountain City Zoning Code

156.20.01 Historic District

(A)
Historic District Established. The Historic District establishes regulations which will help maintain the historic integrity of certain areas within the City. The historic districts are hereby established as districts which overlap and overlay existing zoning districts, the boundaries of the districts are as shown on the Official Zoning Map of the City of Kings Mountain. These are standards, not guidelines, which must be followed accordingly.
(B)
Purpose. Kings Mountain's designated historic districts and historic landmarks are some of the most valued and important assets of the City of Kings Mountain and are established for the following purposes:
1. (1)
  Heritage. Protecting and conserving the heritage of the City of Kings Mountain, Cleveland and Gaston Counties, and the State of North Carolina.
2. (2)
  District Heritage. Safeguarding the character and heritage of the districts by preserving the districts as a whole and any property in them that embodies important elements of their social, economic, cultural, political, or architectural history;
3. (3)
  Education, Pleasure, and Enrichment. Promoting the conservation of such districts or landmarks for the education, pleasure and enrichment of residents of the districts and the City as a whole;
4. (4)
  Civic Beauty. Fostering civic beauty; and
5. (5)
  Property Values. Stabilizing and enhancing property values throughout the districts as a whole, thus contributing to the improvement of the general health and welfare of the City of Kings Mountain and the residents of the districts.
(C)
Designation Procedure. Historic districts, as provided for herein may be designated, amended or repealed through the following procedure:
1. (1)
  Report Preparation. An investigation and report describing the significance of the buildings, structures, features, sites, or surroundings included in any such proposed district, and a description of the boundaries of such district shall be prepared by the Historic preservation commission and a recommendation thereon made to the Planning and Zoning Board.
2. (2)
  State Review. The North Carolina Department of Cultural Resources, acting through the State Preservation Officer or his designee, shall make an analysis of and recommendations concerning such report and the description of proposed boundaries. Failure of the Department Of Cultural Resources to submit its written analysis and recommendation to the city within thirty (30) calendar days after a written request for such analysis has been received shall relieve the city of any responsibility for awaiting such analysis. The city may at any time thereafter take any necessary action to adopt or amend this Ordinance with regard to historic districts.
3. (3)
  Council Referral. The city council may also refer the report and proposed boundaries to any local preservation commission or other interested body for its recommendations prior to taking action.
4. (4)
  Boundary Changes. Changes in the boundaries of such district subsequent to its initial establishment, or the creation of additional districts within the city, shall require the preparation of investigative studies by the Historic preservation commission; and they shall be referred to the Department of cultural Resources for its review and comment according to the procedures set forth in this subsection. Changes in the boundaries of a district or proposals for additional districts shall also be submitted to the Department of cultural Resources in accordance with the provisions of this subsection.
5. (5)
  Process for Planning and Zoning Board. The Planning and Zoning Board shall review the recommendations and shall process the historic district overlay as a zoning map amendment in the same manner as in 156.90.02, Administrative Bodies.
(D)
Dimensional Regulations and Exceptions. Structures within a historic district shall comply with the regulations of the underlying zoning district, except as follows:
1. (1)
  Residential Structures. Residential structures erected in a historic district may use the prevailing setback of structures on the same side of the street in accordance with 156.10.03, Lot and Building Standards.
2. (2)
  Setbacks. All street setback requirements shall comply with applicable zoning regulations unless a special exception is approved by the Board of Adjustment. The special exception shall be granted only if it complies with the intent of architectural and historic guidelines of the historic district.
3. (3)
  Parking. Where the Historic Preservation Commission, in considering an application for a Certificate of Appropriateness, finds that the number of off-street parking spaces and/or design standards for parking lots specified by this ordinance would render the site incompatible with the historic district design guidelines and the historic aspects of the district, it may recommend to the Board of Adjustment a special exception to the provisions of the off—street parking requirements and/or design standards. The Board of Adjustment may authorize as a special exception a reduced standard concerning off—street parking provided it finds:
  1. (a)
    That the lesser standard will not create problems due to increased on-street parking; and
  2. (b)
    That the lesser standard will not create a threat to the public safety.
(E)
Certain Changes Not Prohibited. Nothing in this section shall be construed to prevent the following:
1. (1)
  Maintenance. The ordinary maintenance or repair of any exterior architectural feature in a historic district which does not involve a change in design, material, or outer appearance thereof.
2. (2)
  Safety Measures. The construction, reconstruction, alteration, restoration, moving or demolition of any such feature if the building inspector or zoning Enforcement Officer has certified in writing to the Historic preservation commission that such action is required to protect the public safety because of unsafe or dangerous conditions.
3. (3)
  Street or Utility Repairs. The ordinary maintenance or repair of streets, sidewalks, pavement markings, utility service lines, street signs, traffic signs, and/or replacement of street light fixtures in the event of equipment failure, accidental damage, or natural occurrences such as electrical storms, tornadoes, ice storms, and the like.
(F)
Certificate of Appropriateness Required. After the designation of a historic district, no exterior portion of any building or other structure (including but not limited to masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor above ground utility structure, nor any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished within such district until after an application for a Certificate of Appropriateness as to exterior features has been submitted and approved by the Historic preservation commission.
1. (1)
  Exterior Defined. "Exterior features" shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material; the size and scale of the building; and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of outdoor advertising signs "exterior features" shall be construed to mean the style material, size, and location of all such signs. Such "exterior features Include historic signs, color and significant landscape, archaeological, and natural features of the area.
2. (2)
  Standards. The Historic preservation commission may impose standards as may be set forth elsewhere in this subsection or adopted by the commission. Any building permit not issued in conformity with this subsection shall be invalid.
3. (3)
  Nullification. The discontinuance of work or the lack of progress toward achieving compliance with the certificate of Appropriateness for a period of one (1) year shall render the certificate null and void and of no effect and application shall be made for a new certificate. However, in the event the issuance of a Certificate is appealed, the one (1) year period shall not commence until a final decision is reached regarding the matter.
4. (4)
  Minor Work. The Commission may, after adoption of architectural and historic guidelines, allow the planning Director or his designee to review and approve minor work provided, however, that no application for a certificate of Appropriateness may be denied without formal action by the Historic Preservation commission.
5. (5)
  Street or Utility Work. The city and all public utilities, except as provided above in (E), shall be required to obtain a Certificate of Appropriateness prior to initiating in a historic district any changes in the character of street paving, street width, utility installations or removals, lighting, street trees, walls, fences, sidewalks, or exterior of buildings or structures on property or streets in which they have a fee or other interest.
(G)
Application procedures. Application for a Certificate of Appropriateness shall be made to the Planning Department on forms provided. The application shall be filed no later than fourteen (14) days prior to the next regularly scheduled meeting of the Historic Preservation commission. Each application shall be accompanied by sketches, drawings, photographs, specifications, descriptions, and/or other information of sufficient detail to clearly show the proposed move, exterior alterations, additions, changes, new construction, or demolition.
1. (1)
  Notification. The Planning Department staff shall make a reasonable attempt to identify and notify the owners of surrounding property likely to be affected by the application for certificate of Appropriateness. The Planning Department shall transmit the application, together with the supporting information and material, to the Historic Preservation Commission for consideration. The commission shall act upon the application within ninety (90) days after the filing thereof, otherwise failure to act upon the application shall be deemed to constitute approval and a certificate of Appropriateness shall be issued. Nothing herein shall prohibit an extension of time where mutual agreement has been reached between the Commission and the applicant.
2. (2)
  Public Hearing. Prior to issuance or denial of a Certificate of Appropriateness, the Historic Preservation Commission shall give the applicant and other property owners likely to be affected by the application an opportunity to be heard. In cases where the commission deems necessary, it may hold a public hearing concerning the application and seek the advice of the North Carolina Department of Cultural Resources or other expert advice.
3. (3)
  Ruling Compatibility. The commission shall not refuse to issue a Certificate of Appropriateness except for the purpose of preventing the construction, reconstruction, alteration, restoration, or moving of buildings, structures appurtenant features, or signs in the historic district which would be incompatible with the architectural and historic guidelines adopted by the Commission.
(H)
Appeals. An appeal may be taken to the Zoning Board of Adjustment from the Historic Preservation Commission’s action in granting or denying any certificate. The appeal may be taken by any aggrieved party; shall be taken within fifteen (15) days after the decision of the Commission; and shall be in the nature of the certiorari. Any appeal from the Board of Adjustment's decision in any such case shall be heard by the superior Court of the County.
(I)
Review Criteria. In granting a certificate of Appropriateness, the Historic Preservation commission shall take into account the historic or architectural significance of the property under consideration and the exterior form and appearance of any proposed additions or modifications to a structure. The commission shall not consider interior arrangement.
1. (1)
  Effectiveness. The provisions of this subsection shall not become effective for a historic district until after the commission has adopted detailed architectural and historic guidelines applicable to proposals within the historic district. These criteria shall take into account the historic, architectural and visual elements of the district and shall be reviewed a minimum of every five (5) years.
2. (2)
  Criteria. At a minimum, the criteria shall contain guidelines addressing the following factors:
  1. (a)
    Historic Significance or Quality. The quality or significance in history, architecture, archeology, or culture present in districts, sites, structures, buildings, or objects that possess integrity of location, design, setting, materials, workmanship, and feeling and association:
    (i)
    that are associated with events that have made a significant contribution to the broad patterns of local, state, or national history; or that are associated with the lives of persons significant in the past; or
    (ii)
    that embody the distinctive characteristics of a type, period, or method of construction; or that represent the work of a master or that possess high artistic values; or
    (iii)
    that represent a significant and distinguishable entity whose components may lack individual distinction; or that have yielded, or may be likely to yield, information important in prehistory or local, state or national history; and
  2. (b)
    Exterior Form and Appearance. In considering exterior form and appearance, the Commission may take into account, but is not limited to, the following elements to ensure that they are consistent with the historic or visual character or characteristics of the district:
    (i)
    Exterior features as described above (Certificate of Appropriateness Required);
    (ii)
    Height of the building or structure;
    (iii)
    setback and placement on lot of the building or structure, including lot coverage and orientation;
    (iv)
    Exterior construction materials including textures, patterns and colors;
    (v)
    Architectural detailing, such as lintels, cornices, brick bond, foundation materials and decorative wooden features;
    (vi)
    Roof shapes, forms and materials;
    (vii)
    Proportions, shapes, positionings and locations, patterns, and sizes of any elements of fenestration;
    (viii)
    General form and proportions of buildings and structures;
    (ix)
    Appurtenant fixtures and other features such as lighting;
    (x)
    Structural condition and soundness;
    (xi)
    Use of local or regional architectural traditions; and
    (xii)
    Effect of trees and other landscaping elements.
(J)
Delay in Demolition of Landmarks and Buildings. An application for a Certificate of Appropriateness authorizing the relocation, demolition, or destruction of a designated landmark or a building, structure, or site within the district may not be denied except as provided in this section.
1. (1)
  Effective date. The certificate may be delayed for a period of up to three hundred sixty—five (365) days from the date of approval. The maximum period of delay authorized by this subsection shall be reduced by the Historic Preservation commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period, the Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site. If the commission finds that a building or site within a district has no special significance or value toward maintaining the character of the district, it shall waive all or part of such period and authorize earlier demolition or removal.
2. (2)
  Council Delay. If the Historic preservation commission has recommended designation of a property as a landmark or designation of an area as a district, final designation has not been made by the City council, the demolition or destruction of any building, site, or structure located on the property of the proposed landmark or in the proposed district may be delayed by the commission for a period of up to one hundred eighty ( 180) days or until the city council takes final action on the designation, whichever occurs first. (iii) The city Council may enact an ordinance to prevent the demolition by neglect of any designated landmark or any building or structure within an established historic district. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
3. (3)
  Neglect. The council may enact an ordinance to demolition the demolition by neglect of any designated landmark or any building or structure within an established historic district. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
4. (4)
  Application Denial. An application for a certificate of Appropriateness authorizing the demolition of destruction of a building site, or structure determined by the State Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the Historic Preservation commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.

Effective on: 1/1/1901

156.20.02 Planned Development District

(A)
Purpose. The purpose of the Planned Development District is to allow a limited amount of site design flexibility for phased large scale mixed use developments in order to achieve higher than average quality buildings, site design, environmental protections, open space amenities, and greater efficiency in layout and provision of infrastructure.
(B)
Location. A PD District may be established on any land located in the City or its ETJ provided the PD complies with all applicable standards of this Section.
(C)
Establishment. PD Districts shall be reviewed and approved in accordance with the procedures for a Zoning Map Amendment set forth in § 156.100.17.
(D)
Development Size. Planned Development Districts shall only be permitted for developments with a minimum of 50 acres.
(E)
Allowed Uses. PD Districts require a mix of at least three land uses from the following categories: Industrial, Commercial, Office, Entertainment/Hospitality, Residential. The specific list of permitted uses within these categories shall be identified in the PD Text required in section 156.20.02.G, and shall include a chart indicating the minimum and maximum acreage range allotted per land use category. No single use may exceed 60% of the project land area.
(F)
Modifications of Standards. The PD District allows modifications to any standard in this UDO, as approved by the City Council pursuant to § 156.100.17.
(G)
Application Requirements. In addition to a Zoning Map Amendment application, an application to rezone property to a PD district must include the following:
1. (1)
  PD Text – A PD Text document that sets forth the development regulations applicable to the property.
  1. (a)
    At a minimum, the PD Text shall include the following:
    (i)
    A narrative of the proposed development which addresses the development’s consistency with the City’s Comprehensive Plan, the Future Land Use Map, and other relevant City policies;
    (ii)
    A table of permitted uses;
    (iii)
    A table of proposed dimensional standards;
  2. (b)
    To the extent a development standard is not addressed in the PD Text, otherwise applicable development standards within the UDO shall apply. The PD Text may, but shall not be required, to address the following:
    (i)
    Architectural/building material standards;
    (ii)
    Landscaping, buffering, and screening;
    (iii)
    Parking and loading;
    (iv)
    Signage;
    (v)
    Natural resources and environmental data;
    (vi)
    Stormwater management;
    (vii)
    Transportation infrastructure improvements;
    (viii)
    Utilities;
    (ix)
    Phasing.
2. (2)
  PD Site Plan – A PD Site Plan showing the proposed development of the area (PD zone) shall be prerequisite to approval of a PD. The PD Site Plan shall be reviewed and approved concurrently with the Zoning Map Amendment application and PD Text. The PD Site Plan shall at a minimum include:
  1. (a)
    The proposed title of the project, project designer, and developer contact information.
  2. (b)
    The boundaries of the property involved: county parcel information for parcels to be combined, the general location of all existing easements, property lines, existing streets, buildings, and other existing physical features on the site.
  3. (c)
    The approximate location of existing and proposed sanitary and storm sewers, water mains, street lighting, and other service facilities in or near the project.
  4. (d)
    The general location and dimensions of proposed streets, driveways, curb cuts, entrances and exits, parking and loading areas (including the number of proposed parking spaces). Any deviation from UDO road standards should be identified with a justification for the necessary change.
  5. (e)
    The general location of proposed lots, setback lines, easements, and a conceptual land use plan.
  6. (f)
    A chart representing land uses, proposed acreage designated per use (minimum & maximum), impervious surface ratios, and floor area ratio for non-residential uses, number and type of residential units proposed.
  7. (g)
    The general location and approximate heights of all principal and accessory buildings and dimensions of structures.
  8. (h)
    The general location and heights of all proposed buffers, screening, plantings, and landscaping.
  9. (i)
    The site plan shall be to a scale indicated on the exhibit.

(Ord. 23-24, 08/29/2023)

Effective on: 8/29/2023

Kings Mountain City Zoning Code

156.20.01 Historic District

(A)
Historic District Established. The Historic District establishes regulations which will help maintain the historic integrity of certain areas within the City. The historic districts are hereby established as districts which overlap and overlay existing zoning districts, the boundaries of the districts are as shown on the Official Zoning Map of the City of Kings Mountain. These are standards, not guidelines, which must be followed accordingly.
(B)
Purpose. Kings Mountain's designated historic districts and historic landmarks are some of the most valued and important assets of the City of Kings Mountain and are established for the following purposes:
1. (1)
  Heritage. Protecting and conserving the heritage of the City of Kings Mountain, Cleveland and Gaston Counties, and the State of North Carolina.
2. (2)
  District Heritage. Safeguarding the character and heritage of the districts by preserving the districts as a whole and any property in them that embodies important elements of their social, economic, cultural, political, or architectural history;
3. (3)
  Education, Pleasure, and Enrichment. Promoting the conservation of such districts or landmarks for the education, pleasure and enrichment of residents of the districts and the City as a whole;
4. (4)
  Civic Beauty. Fostering civic beauty; and
5. (5)
  Property Values. Stabilizing and enhancing property values throughout the districts as a whole, thus contributing to the improvement of the general health and welfare of the City of Kings Mountain and the residents of the districts.
(C)
Designation Procedure. Historic districts, as provided for herein may be designated, amended or repealed through the following procedure:
1. (1)
  Report Preparation. An investigation and report describing the significance of the buildings, structures, features, sites, or surroundings included in any such proposed district, and a description of the boundaries of such district shall be prepared by the Historic preservation commission and a recommendation thereon made to the Planning and Zoning Board.
2. (2)
  State Review. The North Carolina Department of Cultural Resources, acting through the State Preservation Officer or his designee, shall make an analysis of and recommendations concerning such report and the description of proposed boundaries. Failure of the Department Of Cultural Resources to submit its written analysis and recommendation to the city within thirty (30) calendar days after a written request for such analysis has been received shall relieve the city of any responsibility for awaiting such analysis. The city may at any time thereafter take any necessary action to adopt or amend this Ordinance with regard to historic districts.
3. (3)
  Council Referral. The city council may also refer the report and proposed boundaries to any local preservation commission or other interested body for its recommendations prior to taking action.
4. (4)
  Boundary Changes. Changes in the boundaries of such district subsequent to its initial establishment, or the creation of additional districts within the city, shall require the preparation of investigative studies by the Historic preservation commission; and they shall be referred to the Department of cultural Resources for its review and comment according to the procedures set forth in this subsection. Changes in the boundaries of a district or proposals for additional districts shall also be submitted to the Department of cultural Resources in accordance with the provisions of this subsection.
5. (5)
  Process for Planning and Zoning Board. The Planning and Zoning Board shall review the recommendations and shall process the historic district overlay as a zoning map amendment in the same manner as in 156.90.02, Administrative Bodies.
(D)
Dimensional Regulations and Exceptions. Structures within a historic district shall comply with the regulations of the underlying zoning district, except as follows:
1. (1)
  Residential Structures. Residential structures erected in a historic district may use the prevailing setback of structures on the same side of the street in accordance with 156.10.03, Lot and Building Standards.
2. (2)
  Setbacks. All street setback requirements shall comply with applicable zoning regulations unless a special exception is approved by the Board of Adjustment. The special exception shall be granted only if it complies with the intent of architectural and historic guidelines of the historic district.
3. (3)
  Parking. Where the Historic Preservation Commission, in considering an application for a Certificate of Appropriateness, finds that the number of off-street parking spaces and/or design standards for parking lots specified by this ordinance would render the site incompatible with the historic district design guidelines and the historic aspects of the district, it may recommend to the Board of Adjustment a special exception to the provisions of the off—street parking requirements and/or design standards. The Board of Adjustment may authorize as a special exception a reduced standard concerning off—street parking provided it finds:
  1. (a)
    That the lesser standard will not create problems due to increased on-street parking; and
  2. (b)
    That the lesser standard will not create a threat to the public safety.
(E)
Certain Changes Not Prohibited. Nothing in this section shall be construed to prevent the following:
1. (1)
  Maintenance. The ordinary maintenance or repair of any exterior architectural feature in a historic district which does not involve a change in design, material, or outer appearance thereof.
2. (2)
  Safety Measures. The construction, reconstruction, alteration, restoration, moving or demolition of any such feature if the building inspector or zoning Enforcement Officer has certified in writing to the Historic preservation commission that such action is required to protect the public safety because of unsafe or dangerous conditions.
3. (3)
  Street or Utility Repairs. The ordinary maintenance or repair of streets, sidewalks, pavement markings, utility service lines, street signs, traffic signs, and/or replacement of street light fixtures in the event of equipment failure, accidental damage, or natural occurrences such as electrical storms, tornadoes, ice storms, and the like.
(F)
Certificate of Appropriateness Required. After the designation of a historic district, no exterior portion of any building or other structure (including but not limited to masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor above ground utility structure, nor any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished within such district until after an application for a Certificate of Appropriateness as to exterior features has been submitted and approved by the Historic preservation commission.
1. (1)
  Exterior Defined. "Exterior features" shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material; the size and scale of the building; and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of outdoor advertising signs "exterior features" shall be construed to mean the style material, size, and location of all such signs. Such "exterior features Include historic signs, color and significant landscape, archaeological, and natural features of the area.
2. (2)
  Standards. The Historic preservation commission may impose standards as may be set forth elsewhere in this subsection or adopted by the commission. Any building permit not issued in conformity with this subsection shall be invalid.
3. (3)
  Nullification. The discontinuance of work or the lack of progress toward achieving compliance with the certificate of Appropriateness for a period of one (1) year shall render the certificate null and void and of no effect and application shall be made for a new certificate. However, in the event the issuance of a Certificate is appealed, the one (1) year period shall not commence until a final decision is reached regarding the matter.
4. (4)
  Minor Work. The Commission may, after adoption of architectural and historic guidelines, allow the planning Director or his designee to review and approve minor work provided, however, that no application for a certificate of Appropriateness may be denied without formal action by the Historic Preservation commission.
5. (5)
  Street or Utility Work. The city and all public utilities, except as provided above in (E), shall be required to obtain a Certificate of Appropriateness prior to initiating in a historic district any changes in the character of street paving, street width, utility installations or removals, lighting, street trees, walls, fences, sidewalks, or exterior of buildings or structures on property or streets in which they have a fee or other interest.
(G)
Application procedures. Application for a Certificate of Appropriateness shall be made to the Planning Department on forms provided. The application shall be filed no later than fourteen (14) days prior to the next regularly scheduled meeting of the Historic Preservation commission. Each application shall be accompanied by sketches, drawings, photographs, specifications, descriptions, and/or other information of sufficient detail to clearly show the proposed move, exterior alterations, additions, changes, new construction, or demolition.
1. (1)
  Notification. The Planning Department staff shall make a reasonable attempt to identify and notify the owners of surrounding property likely to be affected by the application for certificate of Appropriateness. The Planning Department shall transmit the application, together with the supporting information and material, to the Historic Preservation Commission for consideration. The commission shall act upon the application within ninety (90) days after the filing thereof, otherwise failure to act upon the application shall be deemed to constitute approval and a certificate of Appropriateness shall be issued. Nothing herein shall prohibit an extension of time where mutual agreement has been reached between the Commission and the applicant.
2. (2)
  Public Hearing. Prior to issuance or denial of a Certificate of Appropriateness, the Historic Preservation Commission shall give the applicant and other property owners likely to be affected by the application an opportunity to be heard. In cases where the commission deems necessary, it may hold a public hearing concerning the application and seek the advice of the North Carolina Department of Cultural Resources or other expert advice.
3. (3)
  Ruling Compatibility. The commission shall not refuse to issue a Certificate of Appropriateness except for the purpose of preventing the construction, reconstruction, alteration, restoration, or moving of buildings, structures appurtenant features, or signs in the historic district which would be incompatible with the architectural and historic guidelines adopted by the Commission.
(H)
Appeals. An appeal may be taken to the Zoning Board of Adjustment from the Historic Preservation Commission’s action in granting or denying any certificate. The appeal may be taken by any aggrieved party; shall be taken within fifteen (15) days after the decision of the Commission; and shall be in the nature of the certiorari. Any appeal from the Board of Adjustment's decision in any such case shall be heard by the superior Court of the County.
(I)
Review Criteria. In granting a certificate of Appropriateness, the Historic Preservation commission shall take into account the historic or architectural significance of the property under consideration and the exterior form and appearance of any proposed additions or modifications to a structure. The commission shall not consider interior arrangement.
1. (1)
  Effectiveness. The provisions of this subsection shall not become effective for a historic district until after the commission has adopted detailed architectural and historic guidelines applicable to proposals within the historic district. These criteria shall take into account the historic, architectural and visual elements of the district and shall be reviewed a minimum of every five (5) years.
2. (2)
  Criteria. At a minimum, the criteria shall contain guidelines addressing the following factors:
  1. (a)
    Historic Significance or Quality. The quality or significance in history, architecture, archeology, or culture present in districts, sites, structures, buildings, or objects that possess integrity of location, design, setting, materials, workmanship, and feeling and association:
    (i)
    that are associated with events that have made a significant contribution to the broad patterns of local, state, or national history; or that are associated with the lives of persons significant in the past; or
    (ii)
    that embody the distinctive characteristics of a type, period, or method of construction; or that represent the work of a master or that possess high artistic values; or
    (iii)
    that represent a significant and distinguishable entity whose components may lack individual distinction; or that have yielded, or may be likely to yield, information important in prehistory or local, state or national history; and
  2. (b)
    Exterior Form and Appearance. In considering exterior form and appearance, the Commission may take into account, but is not limited to, the following elements to ensure that they are consistent with the historic or visual character or characteristics of the district:
    (i)
    Exterior features as described above (Certificate of Appropriateness Required);
    (ii)
    Height of the building or structure;
    (iii)
    setback and placement on lot of the building or structure, including lot coverage and orientation;
    (iv)
    Exterior construction materials including textures, patterns and colors;
    (v)
    Architectural detailing, such as lintels, cornices, brick bond, foundation materials and decorative wooden features;
    (vi)
    Roof shapes, forms and materials;
    (vii)
    Proportions, shapes, positionings and locations, patterns, and sizes of any elements of fenestration;
    (viii)
    General form and proportions of buildings and structures;
    (ix)
    Appurtenant fixtures and other features such as lighting;
    (x)
    Structural condition and soundness;
    (xi)
    Use of local or regional architectural traditions; and
    (xii)
    Effect of trees and other landscaping elements.
(J)
Delay in Demolition of Landmarks and Buildings. An application for a Certificate of Appropriateness authorizing the relocation, demolition, or destruction of a designated landmark or a building, structure, or site within the district may not be denied except as provided in this section.
1. (1)
  Effective date. The certificate may be delayed for a period of up to three hundred sixty—five (365) days from the date of approval. The maximum period of delay authorized by this subsection shall be reduced by the Historic Preservation commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period, the Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site. If the commission finds that a building or site within a district has no special significance or value toward maintaining the character of the district, it shall waive all or part of such period and authorize earlier demolition or removal.
2. (2)
  Council Delay. If the Historic preservation commission has recommended designation of a property as a landmark or designation of an area as a district, final designation has not been made by the City council, the demolition or destruction of any building, site, or structure located on the property of the proposed landmark or in the proposed district may be delayed by the commission for a period of up to one hundred eighty ( 180) days or until the city council takes final action on the designation, whichever occurs first. (iii) The city Council may enact an ordinance to prevent the demolition by neglect of any designated landmark or any building or structure within an established historic district. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
3. (3)
  Neglect. The council may enact an ordinance to demolition the demolition by neglect of any designated landmark or any building or structure within an established historic district. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
4. (4)
  Application Denial. An application for a certificate of Appropriateness authorizing the demolition of destruction of a building site, or structure determined by the State Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the Historic Preservation commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.

Effective on: 1/1/1901

156.20.02 Planned Development District

(A)
Purpose. The purpose of the Planned Development District is to allow a limited amount of site design flexibility for phased large scale mixed use developments in order to achieve higher than average quality buildings, site design, environmental protections, open space amenities, and greater efficiency in layout and provision of infrastructure.
(B)
Location. A PD District may be established on any land located in the City or its ETJ provided the PD complies with all applicable standards of this Section.
(C)
Establishment. PD Districts shall be reviewed and approved in accordance with the procedures for a Zoning Map Amendment set forth in § 156.100.17.
(D)
Development Size. Planned Development Districts shall only be permitted for developments with a minimum of 50 acres.
(E)
Allowed Uses. PD Districts require a mix of at least three land uses from the following categories: Industrial, Commercial, Office, Entertainment/Hospitality, Residential. The specific list of permitted uses within these categories shall be identified in the PD Text required in section 156.20.02.G, and shall include a chart indicating the minimum and maximum acreage range allotted per land use category. No single use may exceed 60% of the project land area.
(F)
Modifications of Standards. The PD District allows modifications to any standard in this UDO, as approved by the City Council pursuant to § 156.100.17.
(G)
Application Requirements. In addition to a Zoning Map Amendment application, an application to rezone property to a PD district must include the following:
1. (1)
  PD Text – A PD Text document that sets forth the development regulations applicable to the property.
  1. (a)
    At a minimum, the PD Text shall include the following:
    (i)
    A narrative of the proposed development which addresses the development’s consistency with the City’s Comprehensive Plan, the Future Land Use Map, and other relevant City policies;
    (ii)
    A table of permitted uses;
    (iii)
    A table of proposed dimensional standards;
  2. (b)
    To the extent a development standard is not addressed in the PD Text, otherwise applicable development standards within the UDO shall apply. The PD Text may, but shall not be required, to address the following:
    (i)
    Architectural/building material standards;
    (ii)
    Landscaping, buffering, and screening;
    (iii)
    Parking and loading;
    (iv)
    Signage;
    (v)
    Natural resources and environmental data;
    (vi)
    Stormwater management;
    (vii)
    Transportation infrastructure improvements;
    (viii)
    Utilities;
    (ix)
    Phasing.
2. (2)
  PD Site Plan – A PD Site Plan showing the proposed development of the area (PD zone) shall be prerequisite to approval of a PD. The PD Site Plan shall be reviewed and approved concurrently with the Zoning Map Amendment application and PD Text. The PD Site Plan shall at a minimum include:
  1. (a)
    The proposed title of the project, project designer, and developer contact information.
  2. (b)
    The boundaries of the property involved: county parcel information for parcels to be combined, the general location of all existing easements, property lines, existing streets, buildings, and other existing physical features on the site.
  3. (c)
    The approximate location of existing and proposed sanitary and storm sewers, water mains, street lighting, and other service facilities in or near the project.
  4. (d)
    The general location and dimensions of proposed streets, driveways, curb cuts, entrances and exits, parking and loading areas (including the number of proposed parking spaces). Any deviation from UDO road standards should be identified with a justification for the necessary change.
  5. (e)
    The general location of proposed lots, setback lines, easements, and a conceptual land use plan.
  6. (f)
    A chart representing land uses, proposed acreage designated per use (minimum & maximum), impervious surface ratios, and floor area ratio for non-residential uses, number and type of residential units proposed.
  7. (g)
    The general location and approximate heights of all principal and accessory buildings and dimensions of structures.
  8. (h)
    The general location and heights of all proposed buffers, screening, plantings, and landscaping.
  9. (i)
    The site plan shall be to a scale indicated on the exhibit.

(Ord. 23-24, 08/29/2023)

Effective on: 8/29/2023

Kings Mountain City Zoning Code

156.20.01 Historic District

(A)
Historic District Established. The Historic District establishes regulations which will help maintain the historic integrity of certain areas within the City. The historic districts are hereby established as districts which overlap and overlay existing zoning districts, the boundaries of the districts are as shown on the Official Zoning Map of the City of Kings Mountain. These are standards, not guidelines, which must be followed accordingly.
(B)
Purpose. Kings Mountain's designated historic districts and historic landmarks are some of the most valued and important assets of the City of Kings Mountain and are established for the following purposes:
1. (1)
  Heritage. Protecting and conserving the heritage of the City of Kings Mountain, Cleveland and Gaston Counties, and the State of North Carolina.
2. (2)
  District Heritage. Safeguarding the character and heritage of the districts by preserving the districts as a whole and any property in them that embodies important elements of their social, economic, cultural, political, or architectural history;
3. (3)
  Education, Pleasure, and Enrichment. Promoting the conservation of such districts or landmarks for the education, pleasure and enrichment of residents of the districts and the City as a whole;
4. (4)
  Civic Beauty. Fostering civic beauty; and
5. (5)
  Property Values. Stabilizing and enhancing property values throughout the districts as a whole, thus contributing to the improvement of the general health and welfare of the City of Kings Mountain and the residents of the districts.
(C)
Designation Procedure. Historic districts, as provided for herein may be designated, amended or repealed through the following procedure:
1. (1)
  Report Preparation. An investigation and report describing the significance of the buildings, structures, features, sites, or surroundings included in any such proposed district, and a description of the boundaries of such district shall be prepared by the Historic preservation commission and a recommendation thereon made to the Planning and Zoning Board.
2. (2)
  State Review. The North Carolina Department of Cultural Resources, acting through the State Preservation Officer or his designee, shall make an analysis of and recommendations concerning such report and the description of proposed boundaries. Failure of the Department Of Cultural Resources to submit its written analysis and recommendation to the city within thirty (30) calendar days after a written request for such analysis has been received shall relieve the city of any responsibility for awaiting such analysis. The city may at any time thereafter take any necessary action to adopt or amend this Ordinance with regard to historic districts.
3. (3)
  Council Referral. The city council may also refer the report and proposed boundaries to any local preservation commission or other interested body for its recommendations prior to taking action.
4. (4)
  Boundary Changes. Changes in the boundaries of such district subsequent to its initial establishment, or the creation of additional districts within the city, shall require the preparation of investigative studies by the Historic preservation commission; and they shall be referred to the Department of cultural Resources for its review and comment according to the procedures set forth in this subsection. Changes in the boundaries of a district or proposals for additional districts shall also be submitted to the Department of cultural Resources in accordance with the provisions of this subsection.
5. (5)
  Process for Planning and Zoning Board. The Planning and Zoning Board shall review the recommendations and shall process the historic district overlay as a zoning map amendment in the same manner as in 156.90.02, Administrative Bodies.
(D)
Dimensional Regulations and Exceptions. Structures within a historic district shall comply with the regulations of the underlying zoning district, except as follows:
1. (1)
  Residential Structures. Residential structures erected in a historic district may use the prevailing setback of structures on the same side of the street in accordance with 156.10.03, Lot and Building Standards.
2. (2)
  Setbacks. All street setback requirements shall comply with applicable zoning regulations unless a special exception is approved by the Board of Adjustment. The special exception shall be granted only if it complies with the intent of architectural and historic guidelines of the historic district.
3. (3)
  Parking. Where the Historic Preservation Commission, in considering an application for a Certificate of Appropriateness, finds that the number of off-street parking spaces and/or design standards for parking lots specified by this ordinance would render the site incompatible with the historic district design guidelines and the historic aspects of the district, it may recommend to the Board of Adjustment a special exception to the provisions of the off—street parking requirements and/or design standards. The Board of Adjustment may authorize as a special exception a reduced standard concerning off—street parking provided it finds:
  1. (a)
    That the lesser standard will not create problems due to increased on-street parking; and
  2. (b)
    That the lesser standard will not create a threat to the public safety.
(E)
Certain Changes Not Prohibited. Nothing in this section shall be construed to prevent the following:
1. (1)
  Maintenance. The ordinary maintenance or repair of any exterior architectural feature in a historic district which does not involve a change in design, material, or outer appearance thereof.
2. (2)
  Safety Measures. The construction, reconstruction, alteration, restoration, moving or demolition of any such feature if the building inspector or zoning Enforcement Officer has certified in writing to the Historic preservation commission that such action is required to protect the public safety because of unsafe or dangerous conditions.
3. (3)
  Street or Utility Repairs. The ordinary maintenance or repair of streets, sidewalks, pavement markings, utility service lines, street signs, traffic signs, and/or replacement of street light fixtures in the event of equipment failure, accidental damage, or natural occurrences such as electrical storms, tornadoes, ice storms, and the like.
(F)
Certificate of Appropriateness Required. After the designation of a historic district, no exterior portion of any building or other structure (including but not limited to masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor above ground utility structure, nor any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished within such district until after an application for a Certificate of Appropriateness as to exterior features has been submitted and approved by the Historic preservation commission.
1. (1)
  Exterior Defined. "Exterior features" shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material; the size and scale of the building; and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of outdoor advertising signs "exterior features" shall be construed to mean the style material, size, and location of all such signs. Such "exterior features Include historic signs, color and significant landscape, archaeological, and natural features of the area.
2. (2)
  Standards. The Historic preservation commission may impose standards as may be set forth elsewhere in this subsection or adopted by the commission. Any building permit not issued in conformity with this subsection shall be invalid.
3. (3)
  Nullification. The discontinuance of work or the lack of progress toward achieving compliance with the certificate of Appropriateness for a period of one (1) year shall render the certificate null and void and of no effect and application shall be made for a new certificate. However, in the event the issuance of a Certificate is appealed, the one (1) year period shall not commence until a final decision is reached regarding the matter.
4. (4)
  Minor Work. The Commission may, after adoption of architectural and historic guidelines, allow the planning Director or his designee to review and approve minor work provided, however, that no application for a certificate of Appropriateness may be denied without formal action by the Historic Preservation commission.
5. (5)
  Street or Utility Work. The city and all public utilities, except as provided above in (E), shall be required to obtain a Certificate of Appropriateness prior to initiating in a historic district any changes in the character of street paving, street width, utility installations or removals, lighting, street trees, walls, fences, sidewalks, or exterior of buildings or structures on property or streets in which they have a fee or other interest.
(G)
Application procedures. Application for a Certificate of Appropriateness shall be made to the Planning Department on forms provided. The application shall be filed no later than fourteen (14) days prior to the next regularly scheduled meeting of the Historic Preservation commission. Each application shall be accompanied by sketches, drawings, photographs, specifications, descriptions, and/or other information of sufficient detail to clearly show the proposed move, exterior alterations, additions, changes, new construction, or demolition.
1. (1)
  Notification. The Planning Department staff shall make a reasonable attempt to identify and notify the owners of surrounding property likely to be affected by the application for certificate of Appropriateness. The Planning Department shall transmit the application, together with the supporting information and material, to the Historic Preservation Commission for consideration. The commission shall act upon the application within ninety (90) days after the filing thereof, otherwise failure to act upon the application shall be deemed to constitute approval and a certificate of Appropriateness shall be issued. Nothing herein shall prohibit an extension of time where mutual agreement has been reached between the Commission and the applicant.
2. (2)
  Public Hearing. Prior to issuance or denial of a Certificate of Appropriateness, the Historic Preservation Commission shall give the applicant and other property owners likely to be affected by the application an opportunity to be heard. In cases where the commission deems necessary, it may hold a public hearing concerning the application and seek the advice of the North Carolina Department of Cultural Resources or other expert advice.
3. (3)
  Ruling Compatibility. The commission shall not refuse to issue a Certificate of Appropriateness except for the purpose of preventing the construction, reconstruction, alteration, restoration, or moving of buildings, structures appurtenant features, or signs in the historic district which would be incompatible with the architectural and historic guidelines adopted by the Commission.
(H)
Appeals. An appeal may be taken to the Zoning Board of Adjustment from the Historic Preservation Commission’s action in granting or denying any certificate. The appeal may be taken by any aggrieved party; shall be taken within fifteen (15) days after the decision of the Commission; and shall be in the nature of the certiorari. Any appeal from the Board of Adjustment's decision in any such case shall be heard by the superior Court of the County.
(I)
Review Criteria. In granting a certificate of Appropriateness, the Historic Preservation commission shall take into account the historic or architectural significance of the property under consideration and the exterior form and appearance of any proposed additions or modifications to a structure. The commission shall not consider interior arrangement.
1. (1)
  Effectiveness. The provisions of this subsection shall not become effective for a historic district until after the commission has adopted detailed architectural and historic guidelines applicable to proposals within the historic district. These criteria shall take into account the historic, architectural and visual elements of the district and shall be reviewed a minimum of every five (5) years.
2. (2)
  Criteria. At a minimum, the criteria shall contain guidelines addressing the following factors:
  1. (a)
    Historic Significance or Quality. The quality or significance in history, architecture, archeology, or culture present in districts, sites, structures, buildings, or objects that possess integrity of location, design, setting, materials, workmanship, and feeling and association:
    (i)
    that are associated with events that have made a significant contribution to the broad patterns of local, state, or national history; or that are associated with the lives of persons significant in the past; or
    (ii)
    that embody the distinctive characteristics of a type, period, or method of construction; or that represent the work of a master or that possess high artistic values; or
    (iii)
    that represent a significant and distinguishable entity whose components may lack individual distinction; or that have yielded, or may be likely to yield, information important in prehistory or local, state or national history; and
  2. (b)
    Exterior Form and Appearance. In considering exterior form and appearance, the Commission may take into account, but is not limited to, the following elements to ensure that they are consistent with the historic or visual character or characteristics of the district:
    (i)
    Exterior features as described above (Certificate of Appropriateness Required);
    (ii)
    Height of the building or structure;
    (iii)
    setback and placement on lot of the building or structure, including lot coverage and orientation;
    (iv)
    Exterior construction materials including textures, patterns and colors;
    (v)
    Architectural detailing, such as lintels, cornices, brick bond, foundation materials and decorative wooden features;
    (vi)
    Roof shapes, forms and materials;
    (vii)
    Proportions, shapes, positionings and locations, patterns, and sizes of any elements of fenestration;
    (viii)
    General form and proportions of buildings and structures;
    (ix)
    Appurtenant fixtures and other features such as lighting;
    (x)
    Structural condition and soundness;
    (xi)
    Use of local or regional architectural traditions; and
    (xii)
    Effect of trees and other landscaping elements.
(J)
Delay in Demolition of Landmarks and Buildings. An application for a Certificate of Appropriateness authorizing the relocation, demolition, or destruction of a designated landmark or a building, structure, or site within the district may not be denied except as provided in this section.
1. (1)
  Effective date. The certificate may be delayed for a period of up to three hundred sixty—five (365) days from the date of approval. The maximum period of delay authorized by this subsection shall be reduced by the Historic Preservation commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period, the Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site. If the commission finds that a building or site within a district has no special significance or value toward maintaining the character of the district, it shall waive all or part of such period and authorize earlier demolition or removal.
2. (2)
  Council Delay. If the Historic preservation commission has recommended designation of a property as a landmark or designation of an area as a district, final designation has not been made by the City council, the demolition or destruction of any building, site, or structure located on the property of the proposed landmark or in the proposed district may be delayed by the commission for a period of up to one hundred eighty ( 180) days or until the city council takes final action on the designation, whichever occurs first. (iii) The city Council may enact an ordinance to prevent the demolition by neglect of any designated landmark or any building or structure within an established historic district. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
3. (3)
  Neglect. The council may enact an ordinance to demolition the demolition by neglect of any designated landmark or any building or structure within an established historic district. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
4. (4)
  Application Denial. An application for a certificate of Appropriateness authorizing the demolition of destruction of a building site, or structure determined by the State Historic Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the Historic Preservation commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.

Effective on: 1/1/1901

156.20.02 Planned Development District

(A)
Purpose. The purpose of the Planned Development District is to allow a limited amount of site design flexibility for phased large scale mixed use developments in order to achieve higher than average quality buildings, site design, environmental protections, open space amenities, and greater efficiency in layout and provision of infrastructure.
(B)
Location. A PD District may be established on any land located in the City or its ETJ provided the PD complies with all applicable standards of this Section.
(C)
Establishment. PD Districts shall be reviewed and approved in accordance with the procedures for a Zoning Map Amendment set forth in § 156.100.17.
(D)
Development Size. Planned Development Districts shall only be permitted for developments with a minimum of 50 acres.
(E)
Allowed Uses. PD Districts require a mix of at least three land uses from the following categories: Industrial, Commercial, Office, Entertainment/Hospitality, Residential. The specific list of permitted uses within these categories shall be identified in the PD Text required in section 156.20.02.G, and shall include a chart indicating the minimum and maximum acreage range allotted per land use category. No single use may exceed 60% of the project land area.
(F)
Modifications of Standards. The PD District allows modifications to any standard in this UDO, as approved by the City Council pursuant to § 156.100.17.
(G)
Application Requirements. In addition to a Zoning Map Amendment application, an application to rezone property to a PD district must include the following:
1. (1)
  PD Text – A PD Text document that sets forth the development regulations applicable to the property.
  1. (a)
    At a minimum, the PD Text shall include the following:
    (i)
    A narrative of the proposed development which addresses the development’s consistency with the City’s Comprehensive Plan, the Future Land Use Map, and other relevant City policies;
    (ii)
    A table of permitted uses;
    (iii)
    A table of proposed dimensional standards;
  2. (b)
    To the extent a development standard is not addressed in the PD Text, otherwise applicable development standards within the UDO shall apply. The PD Text may, but shall not be required, to address the following:
    (i)
    Architectural/building material standards;
    (ii)
    Landscaping, buffering, and screening;
    (iii)
    Parking and loading;
    (iv)
    Signage;
    (v)
    Natural resources and environmental data;
    (vi)
    Stormwater management;
    (vii)
    Transportation infrastructure improvements;
    (viii)
    Utilities;
    (ix)
    Phasing.
2. (2)
  PD Site Plan – A PD Site Plan showing the proposed development of the area (PD zone) shall be prerequisite to approval of a PD. The PD Site Plan shall be reviewed and approved concurrently with the Zoning Map Amendment application and PD Text. The PD Site Plan shall at a minimum include:
  1. (a)
    The proposed title of the project, project designer, and developer contact information.
  2. (b)
    The boundaries of the property involved: county parcel information for parcels to be combined, the general location of all existing easements, property lines, existing streets, buildings, and other existing physical features on the site.
  3. (c)
    The approximate location of existing and proposed sanitary and storm sewers, water mains, street lighting, and other service facilities in or near the project.
  4. (d)
    The general location and dimensions of proposed streets, driveways, curb cuts, entrances and exits, parking and loading areas (including the number of proposed parking spaces). Any deviation from UDO road standards should be identified with a justification for the necessary change.
  5. (e)
    The general location of proposed lots, setback lines, easements, and a conceptual land use plan.
  6. (f)
    A chart representing land uses, proposed acreage designated per use (minimum & maximum), impervious surface ratios, and floor area ratio for non-residential uses, number and type of residential units proposed.
  7. (g)
    The general location and approximate heights of all principal and accessory buildings and dimensions of structures.
  8. (h)
    The general location and heights of all proposed buffers, screening, plantings, and landscaping.
  9. (i)
    The site plan shall be to a scale indicated on the exhibit.

(Ord. 23-24, 08/29/2023)

Effective on: 8/29/2023