Kings Mountain City Zoning Code
156.30.01 Purpose and Applicability
- (A)Purpose. The purpose of this Section is to promote compatibility among land uses in the City and ETJ by establishing specific standards for the establishment of limited, special, accessory, and temporary uses.
- (B)Applicability.
- (1)Approval of Uses Permitted with Limitations. For uses permitted with limitations(L), the Administrator shall use the standards set out in Section 156.30.04, Limited Use Standards, to determine whether to approve or disapprove.
- (2)Approval of Special Uses. For special uses (S), the Board of Adjustment shall use the criteria set out in Section 156.30.05, Special Use Permits, to determine whether to approve, approve with conditions, or disapprove.
- (3)Other Applicable Standards. The standards of this Section are applied in addition to the other applicable standards of this UDO.
Effective on: 1/1/1901
156.30.02 Land Use Matrix
- (A)Principal Uses. In interpreting what is a principal use, the principal use shall be considered as the primary purpose or function that a lot or structure serves or is proposed to serve. Two or more principal uses may be permitted to occupy the same land or building as long as each use is a permitted use.
- (B)Accessory Uses. An accessory use shall be considered a structure or use that meets the criteria set forth in 156.30.06, Accessory Use and Structure Standards.
- (C)Permitted Uses. Table 156.30.02-1, Permitted Uses by Zoning District, lists the land uses permitted in the various zoning districts.
- (1)Symbols. Table 156.30.02-2 uses the following symbols:
- (a)"P" means that the land use is Permitted by Right subject to the standards that apply to all Permitted Uses.
- (b)"L" means that the land use is Permitted with Limitations in the same manner as a Permitted Use subject to Section 156.30.04, Limited Use Standards.
- (c)"S" means that the use is allowed as a Special Use, which may be approved following a public hearing by the Board of Adjustment or City Council, subject to the procedures set forth in Subsection 156.30.05, Special Use Permits. Those being reviewed by City Council acting in a quasi-judicial role are noted with an asterisk (*) next to the "S".
- (d)"--" means that the use is a Prohibited Use in the specified zoning district.
- (2)Unlisted Use Categories and Uses. A use category or specific use is prohibited if it is not listed in Table 156.30.02-1 and if the Administrator cannot interpret an unlisted specific use as functionally similar to a use that is allowed, based on the criteria in Section 156.30.03, New and Unlisted Uses.
- (D)Development Types. For each Rural and Residential Zoning District, there are three development types listed in 156.10, Zoning Districts and Standards. Each of these types has a list of uses therein.
- (E)State Law Exemptions. Under NCGS 160D-903(c), farm uses on a bona fide farm in the ETJ are hereby exempt from zoning regulations herein. However, other development regulations listed in this UDO still apply.
- (F)ETJ Only Uses. There are certain uses within the table below that are only permitted in the ETJ. Those shall be noted by an ETJ superscript next to the land use listing.
Table 156.30.02-1 | ||||||||||||||
| Key | P – Permitted by Right L – Permitted with Limitations S – Permitted as Special Use (review by BOA) S* - Permitted as a Special Use (review by City Council) -- – Prohibited Use | |||||||||||||
Use Category | Specific Use | Zoning District and Development Types | ||||||||||||
| Rural and Residential | Nonresidential and Mixed Use | Business and Industrial | ||||||||||||
| RU | SR | SU | RC | |||||||||||
| S | S | PL | S | PL | C | SC | AU | CB | MU | HT | HI | LI | ||
| Agricultural and Residential | ||||||||||||||
| Agricultural and Animal-Related | Animal Production & Support (excl. Urban Chickens) | L | L | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
| Auction Sales - Livestock Only | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| Beekeeping/Apiaries | L | L | L | L | L | L | -- | -- | -- | L | -- | -- | -- | |
| Urban Chickens | L | L | L | L | L | L | -- | -- | -- | L | -- | -- | -- | |
| Crop Production | P | L | L | L | L | L | -- | -- | -- | L | -- | -- | -- | |
| Farmer's Market or Fruit / Vegetable Stand | L | -- | L | -- | L | L | P | P | P | L | -- | -- | -- | |
| Forestry and Logging | L | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| Hunting, Fishing, and Game Preserve (Commercial) | S | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| Pet Care Service (without outdoor kennels) | L | -- | -- | -- | -- | -- | L | L | L | L | L | S* | S* | |
| Pet Care Service (with outdoor kennels) | S | -- | -- | -- | -- | -- | S | S | -- | S | -- | S* | S* | |
| Veterinarian Office or Hospital, Large Animal | L | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| Veterinarian Office or Hospital, Small Animal | L | -- | -- | -- | -- | -- | L | L | L | L | -- | -- | -- | |
| Household Living | Duplex | -- | -- | P | -- | P | -- | -- | -- | -- | P | -- | -- | -- |
| Multifamily Dwelling | -- | -- | -- | -- | S* | -- | -- | -- | S* | S* | -- | -- | -- | |
| Single-Family Attached Dwelling | -- | -- | P | -- | P | -- | -- | -- | L | P | -- | -- | -- | |
| Single-Family Detached Dwelling | P | P | P | P | P | L | L | -- | -- | P | -- | -- | -- | |
| Manufactured Home Park(ETJ) | S* | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| Manufactured Home | L | -- | -- | -- | -- | L | -- | -- | -- | -- | -- | -- | -- | |
| Modular Home | P | P | P | P | P | L | -- | -- | -- | P | -- | -- | -- | |
| Recreational Vehicle | L | L | -- | L | L | L | -- | -- | -- | -- | -- | -- | -- | |
| Recreational Vehicle Park(ETJ) | S* | -- | -- | -- | -- | -- | -- | -- | -- | -- | S* | -- | -- | |
| Tiny Home | L | L | L | L | L | L | -- | -- | -- | L | -- | -- | -- | |
| Townhomes | -- | L | L | L | L | -- | L | -- | -- | L | -- | -- | -- | |
| Cottage Court | -- | -- | -- | L | L | -- | -- | -- | -- | -- | -- | -- | -- | |
| Zero Lot Line Housing | -- | L | L | L | L | -- | -- | -- | -- | L | -- | -- | -- | |
Group Living | Family Care Home | L | L | L | L | L | -- | -- | -- | -- | -- | -- | -- | -- |
| Residential Care Facility | L | L | L | L | L | -- | -- | -- | -- | -- | -- | -- | -- | |
| All Other Group Living Uses | -- | -- | -- | L | L | -- | -- | P | -- | -- | -- | -- | -- | |
Institutional and Civic | ||||||||||||||
| Community Amenities | All Community Amenities | L | L | L | L | L | L | -- | -- | -- | L | L | L | L |
| Day Care | Family Child Care Home | L | L | L | L | L | -- | -- | -- | -- | -- | -- | -- | -- |
| All Day Care Uses | L | L | L | L | L | -- | P | P | L | L | P | L | L | |
| Educational Facilities | School, Public or Private, Elementary or Secondary | P | P | P | P | P | -- | P | P | P | P | P | -- | -- |
| University or College | L | -- | -- | -- | -- | -- | P | P | L | L | L | L | L | |
| All Other Educational Facilities | L | -- | -- | -- | -- | -- | P | P | L | L | L | L | L | |
| Government Facilities | Correctional Institution | -- | -- | -- | -- | -- | -- | S* | S* | S* | -- | -- | -- | -- |
| All Other Government Facilities | S* | S* | S* | S* | S* | S* | S* | S* | S* | S* | S* | S* | S* | |
| Medical Facilities | Medical and Dental Office | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- |
| All Other Medical Facilities | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | |
| Parks and Open Areas | Cemeteries & Mausoleums | S | S | S | S | S | -- | S | S | S | S | S | S | S |
| Country Club and Golf Course | S* | S* | S* | S* | S* | S* | -- | -- | -- | -- | -- | -- | -- | |
| Zoo | S | -- | -- | -- | -- | -- | S | S | -- | -- | -- | -- | -- | |
| All Other Parks and Open Areas | P | P | P | P | P | P | P | P | P | P | P | P | P | |
| Passenger Terminals | Airport | L | -- | -- | -- | -- | -- | L | L | L | L | L | L | L |
| Park-and-Ride Facility/Transit Terminals | S* | -- | L | -- | L | -- | L | L | L | L | L | L | L | |
| All Other Passenger Terminals | -- | -- | -- | -- | -- | -- | L | L | L | L | L | L | L | |
| Public Assembly | Club, Private | L | L | L | L | L | L | L | L | L | L | L | L | L |
| Convention Center / Visitors Bureau | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | |
| All Public/Religious Assembly Uses | L | L | L | L | L | L | L | P | L | P | P | -- | -- | |
| Social Service | All Social Service Uses | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- |
| Utilities | Solar Farm | S | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | S | S |
| Amateur Radio Antenna | S* | S* | S* | S* | S* | S* | S* | S* | S* | S* | S* | S* | S* | |
| Wireless Telecommunications Tower | L | L | L | L | L | L | L | L | L | L | L | L | L | |
| All Other Major Utilities | L | L | L | L | L | L | L | L | L | L | L | L | L | |
| All Minor Utilities | L | L | L | L | L | L | L | L | L | L | L | L | L | |
Commercial | ||||||||||||||
| Entertainment, Indoor | Amusement Arcade | -- | -- | -- | -- | -- | -- | -- | -- | L | -- | P | -- | -- |
| Brewpub / Microbrewery, Microwinery, Microdistillery, Microcidery | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | |
| Dance Halls, Night Clubs, Private Clubs, Bars, Lounges, Taverns, Pubs | -- | -- | -- | -- | -- | -- | -- | S | S | -- | S | -- | -- | |
| Electronic Gaming Establishment | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | S* | -- | -- | |
| Fortune Telling / Palm Reading | -- | -- | -- | -- | -- | -- | -- | S* | -- | -- | -- | -- | -- | |
| Reception Facility | L | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | |
| Tattoo Parlor, Body Piercing | -- | -- | -- | -- | -- | -- | L | L | -- | -- | -- | -- | -- | |
| All Other Indoor Entertainment, excluding Sexually-Oriented Businesses | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | |
| Entertainment, Outdoor | Amusement Park | -- | -- | -- | -- | -- | -- | -- | P | -- | -- | P | -- | -- |
| Drive-In Theater | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | -- | -- | |
| All Other Outdoor Entertainment | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | |
| Offices | Contractor's Office (without outdoor storage) | L | L | L | L | L | -- | P | P | L | P | P | L | L |
| Contractor's Office (with outdoor storage) | -- | -- | -- | -- | -- | -- | L | L | L | L | L | L | L | |
| Financial Institution | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | |
| All Other Office Uses | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | |
| Overnight Accommodations | Bed & Breakfast Inn | L | L | L | L | L | -- | L | L | L | L | L | -- | -- |
| All Other Overnight Accommodations | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | |
| Parking, Commercial | Truck, Tractor Trailer, or Bus Storage (does not include inoperable vehicles) | -- | -- | -- | -- | -- | -- | -- | P | -- | -- | P | P | P |
| All Other Commercial Parking Uses (does not include inoperable vehicles) | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | |
| Retail Repair, Sales, and Service Uses | Firearms and Ammunition Sales | -- | -- | -- | -- | -- | -- | L | L | L | L | L | -- | -- |
| Funeral Home and/or Crematorium | -- | -- | -- | -- | -- | -- | S | S | S | S | -- | -- | -- | |
| Lawn and Garden Supply (without outdoor display or storage) | P | -- | -- | -- | -- | -- | P | P | -- | P | -- | -- | -- | |
| Lawn and Garden Supply (with outdoor display or storage) | L | -- | -- | -- | -- | -- | L | L | -- | L | -- | -- | -- | |
| Liquor Sales (ABC Store) | -- | -- | -- | -- | -- | -- | S | S | S | S | S | -- | -- | |
| Outdoor Market (including flea markets) | -- | -- | -- | -- | -- | -- | -- | S* | -- | -- | -- | -- | -- | |
| Pawnshop | -- | -- | -- | -- | -- | -- | -- | S* | -- | -- | -- | -- | -- | |
| Vaping Shop | -- | -- | -- | -- | -- | -- | -- | S* | -- | -- | -- | -- | -- | |
| All Other Retail Sales and Service | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | |
| Restaurant | Restaurant, Limited-Service (delivery, carryout, drive-thru) | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | P |
| All Other Restaurants Uses | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | |
| Sexually-Oriented Business | All Sexually-Oriented Businesses | -- | -- | -- | -- | -- | -- | -- | S* | -- | -- | -- | -- | -- |
| Vehicle Sales and Service Uses | Automobile Repair, Major | -- | -- | -- | -- | -- | -- | -- | P | -- | -- | -- | -- | -- |
| Automobile Repair, Minor | -- | -- | -- | -- | -- | -- | P | P | -- | P | P | -- | -- | |
| Automobile Towing and Temporary Storage | -- | -- | -- | -- | -- | -- | -- | S* | -- | -- | -- | S* | -- | |
| Car Wash | -- | -- | -- | -- | -- | -- | P | P | -- | P | P | -- | -- | |
| Fuel Sales | -- | -- | -- | -- | -- | -- | S | S | -- | S | P | P | P | |
| Manufactured / Modular Home and Storage Building Sales | -- | -- | -- | -- | -- | -- | -- | S | -- | -- | -- | -- | -- | |
| Truck Stop, Travel Plaza | -- | -- | -- | -- | -- | -- | -- | P | -- | -- | P | -- | -- | |
| Vehicle Sales and Rental | -- | -- | -- | -- | -- | -- | P | P | -- | P | P | -- | -- | |
| All Other Vehicle Sales and Service Uses | -- | -- | -- | -- | -- | -- | P | P | -- | P | P | -- | -- | |
Industrial | ||||||||||||||
| Heavy Industrial | Animal Processing | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
| Asphalt Mixing Plants | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| Concrete Batch Plant | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | L | -- | |
| Fertilizer Manufacturing | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| All Other Heavy Industrial Uses | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | -- | |
| Light Industrial | Small Scale Manufacturing | L | -- | -- | -- | -- | -- | L | L | L | L | L | P | P |
| Micromanufacturing | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | |
| Scientific Research & Development Services | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | |
| All Other Light Industrial Uses | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | |
| Resource Extraction | All Resource Extraction Uses | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | S | -- |
| Self-Service Storage | All Self-Service Storage Uses | -- | -- | -- | -- | -- | -- | -- | L | -- | -- | -- | -- | L |
| Warehousing and Storage | All Warehousing and Storage Uses | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P |
| Waste Related Service | Landfill | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | S* | -- |
| Salvage Yard (including vehicles) | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | S* | -- | |
| All Other Waste Related Service | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | S | -- | |
| Wholesale Trade | Building Material Supply (with outdoor storage) | -- | -- | -- | -- | -- | -- | P | P | -- | -- | -- | P | -- |
| Farm Products Sales, Bulk | -- | -- | -- | -- | -- | -- | -- | P | -- | -- | -- | -- | -- | |
| Farm Supply Product Sales (with outdoor storage) | -- | -- | -- | -- | -- | -- | -- | P | -- | -- | -- | -- | -- | |
| Florist and Nursery Supply, (with outdoor storage) | -- | -- | -- | -- | -- | -- | P | P | -- | -- | -- | -- | -- | |
| Commercial Test Kitchen | -- | -- | -- | -- | -- | -- | -- | P | P | -- | -- | P | P | |
| All Other Wholesale Trade (without outdoor storage) | -- | -- | -- | -- | -- | -- | -- | P | -- | -- | -- | P | P | |
(Ord. 22-13, 04/26/2022; Ord. 23-06, 05/30/2023; Ord. 23-32, 10/12/2023; Ord. 24-31, 07/30/2024; Ord. 24-36, 09/12/2024; Ord. 24-41, 10/29/2024; Ord. 24-43, 10/29/2024; Ord. 24-46, 11/26/2024; Ord. 25-07, 03/11/2025; Ord. 25-12, 04/22/2025; Ord. 25-13, 04/22/2025)
Effective on: 4/22/2025
156.30.03 New and Unlisted Uses
- (A)Administrator Discretion. Each of the use categories and specific uses listed in the tables in 156.30.02, Land Use Matrix, are defined in 156.170, Definitions.
- (B)Unlisted Uses. When a proposed use is not specifically listed in 156.30.02, Land Use Matrix, the Zoning Enforcement Officer shall determine if the use is the same as, or manifestly similar to, a listed use in form and function. If the proposed use is determined to be the same as, or manifestly similar to, a listed use, he shall classify the proposed use as the listed use. If the Zoning Enforcement Officer finds that a proposed use is not the same as, or is not manifestly similar to, a listed use, he shall classify the proposed use as not permitted, in each case, the zoning enforcement officer shall maintain a written record of such interpretations.
- (C)Referral to Planning and Zoning Board. Should the Administrator determine that it is necessary, he or she may refer the determination of whether a use fits in a use category or is functionally similar to a specific use to the Planning and Zoning Board.
- (D)Decision Criteria. The Administrator or the Planning and Zoning Board, as appropriate, shall evaluate the proposed use based on the following criteria:
- (1)Parking demand;
- (2)Average daily and peak hour trip generation (cars and trucks);
- (3)Impervious surface;
- (4)Regulated air or water emissions;
- (5)Noise;
- (6)Lighting;
- (7)Dust;
- (8)Odors;
- (9)Solid waste generation;
- (10)Potentially hazardous conditions, such as projectiles leaving the site;
- (11)Use and storage of hazardous materials;
- (12)Character of buildings and structures;
- (13)Nature and impacts of operation; and
- (14)Hours of operation.
- (E)If Not Authorized Then Prohibited. If the Administrator or Planning and Zoning Board determines that a proposed use is not part of a defined use category or functionally similar to a listed specific use, then the use is a prohibited use.
Effective on: 1/1/1901
156.30.04 Limited Use Standards
- (A)Generally. Certain uses are permitted within 156.30.02, Land Use Matrix, which require additional standards to operate and function as a compatible use within a certain zoning district. Those uses are shown with an "L" in the table. These provisions do not apply to uses listed with a "P", which are permitted by right, or an "S", which designated Special Use Permits required as listed in 156.30.05.
- (B)Purpose. The purpose of these standards is to ensure that a use generally deemed compatible with permitted uses in a given zoning district can be permitted with certain conditions placed on the use as denoted in in this Section.
- (C)Applicability. An application is required for the establishment of a new limited use, a change to a limited use, or the expansion of a limited use that has not been approved.
- (D)Specific Limited Uses. In accordance with the references in 156.30.02, Land Use Matrix, the following provisions apply to the uses listed below:
- (1)Animal Production & Support (excl. Swine & Feed Lots and Urban Chickens).
- (a)Purpose. The purpose of this limited use is to provide rules and regulations for the keeping of agricultural animals or other livestock so that these animals do not become a nuisance, hazard, and/or health problem to the adjoining neighbors and the general public.
- (b)Applicability. The provisions of this limited use shall not apply to dogs, cats, or other similar household pets. The Administrator reserves the right to determine what is considered a household pet. The Zoning Administrator or their designee reserves the right to determine what is considered a household pet. Likewise, the Administrator reserves the right to determine what is categorized as agricultural animals or other livestock for animals not considered common household pets and not clearly defined in this UDO.
- (c)Minimum Lot Size. No livestock shall be kept, maintained or stabled on any lot less than two acres in size.
- (d)Setback from Adjacent Residences. On parcels of two acres or more, certain livestock shall be permitted subject to the following provisions: All buildings or structures (excluding fences) used to house livestock shall be located so that they are no closer than 150 feet from a dwelling unit off the property.
- (e)Encroachment from Residential after the Limited Use is established. The provisions of this section shall not apply if a dwelling unit is constructed so as to encroach upon an existing livestock use, except that such a livestock use may no longer expand towards a newly established residential use.
- (f)Prohibited Uses. Slaughter and processes of animals is not permitted under this category.
- (2)Beekeeping/Apiaries. In accordance with the North Carolina Bee and Honey Act of 1977, the City of Kings Mountain permits up to five hives on a single parcel with the following restrictions:
- (a)Hives shall be defined as in G.S. 106-635(15).
- (b)The hive(s) be placed at ground level or securely attached to an anchor or stand. If the hive(s) are securely attached to an anchor or stand, the city may permit the anchor or stand to be permanently attached to a roof surface.
- (c)The location of any hive(s) on the property is permitted to be regulated by the Act and as such shall be placed as follows:
- (i)Hive(s) shall be setback no less than 50' from any property line.
- (ii)Hive(s) shall be kept in rear yards only.
- (d)If the owner no longer maintains the hive(s), removal is required to protect the health, safety, and welfare of the public.
- (e)In the event that a parcel is located in the ETJ or in RU (A), bees may be kept as allowed under North Carolina law in an unlimited capacity as long as the operation and hive(s) are located at least 200 feet from any residential use or residential zoning district boundary, school, day care facility, or public park.
- (3)Urban Chickens.
- (a)Chickens excluding all other forms of poultry may be kept on the premise of a detached single-family residence under the following conditions:
- (i)No more than three (3) hens shall be allowed for each single-family dwelling.
- (ii)No birds shall be allowed in multifamily complexes, including duplexes.
- (iii)No roosters (males) shall be allowed.
- (iv)There shall be no outside slaughtering of birds.
- (v)All fowl must be kept at all times in a secure enclosure constructed at least two feet above the surface of the ground.
- (vi)Enclosures must be situated at least 15 feet from the neighboring residence. In the case of vacant adjoining lots, the setback shall be 7 feet from the common property line.
- (vii)Enclosures must provide at least four (4) square feet per chicken.
- (viii)Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors. Neat and sanitary shall mean a permanent solid roof, walls constructed primarily of chicken wire type material excepting the load bearing and door members, immediate removal of dead animals, and the removal of refuse that may attract vermin.
- (ix)Feed shall be stored in rodent proof containers.
- (x)Production shall be primarily for consumption by the subject property's residents.
- (xi)Enclosures and pens must be located in rear yard like accessory structures.
- (4)Crop Production. This is limited to non-commercial growth of vegetables and fruits on personal property or in a neighborhood community garden. Under no circumstances shall crop production have items for sale on the property.
- (5)Farmer's Market or Fruit/Vegetable Stand.
- (a)The site has been supplied with electrical power at secured, in-ground stations that may be accessed by temporary users;
- (b)The use is separated from all residential property by a bufferyard or a local street or collector roadway;
- (c)The use will be conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence as determined by the Administrator.
- (6)Forestry and Logging. The activity of clearing for development purposes is not considered forestry and logging. Forestry and Logging is a commercial activity. This is permitted with the exception that the use shall not create or cause any perceptible noise or odors that constitute a public or private nuisance to neighboring properties.
- (7)Pet Care Service (without Outdoor Kennels). If outdoor kennels in any capacity are proposed, see standards for those with outdoor kennels.
- (8)Veterinarian Office or Hospital, Large Animal or Small Animal. Permitted without limitation unless the office or hospital contains outdoor runs. If it contains outdoor runs or outdoor stalls, see Pet Care Service (with Outdoor Kennels) under special uses.
- (9)Single-Family Detached Dwelling, including Modular, in Recreational Community (RC). Single-Family detached structures in the RC must:
- (a)Be classified as real property according to the County Assessor.
- (b)Be on a permanent foundation.
- (c)Be on an individually platted lot.
- (10)Single-Family Detached Dwelling in Suburban Commercial (SC). When a residential structure has not been used for a commercial use, such residential structures may be used as a single-family dwelling until such time it is converted to a commercial use. Once converted to a commercial use, the structure is not permitted to return to a residential use.
- (11)
Single-Family Detached Dwelling in Mixed Use (MU). Single-Family Detached Dwellings in Mixed Use (MU) must be located in an area designated as Semi-Urban in character on the Future Land Use Map.
- (12)Multifamily Dwelling and Single-Family Attached Dwelling in CB.
- (a)Each dwelling unit shall provide complete, independent, living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
- (b)For new construction or rehabilitation of existing structures, the first floor shall be limited to 25% of the gross floor area and shall not access the street frontage. The access for first floor dwellings shall be in the rear or in an alley.
- (c)No limitations for occupancy above the first floor are required.
- (d)Parking shall be provided in accordance with 156.60.01.B, Parking Spaces Required.
- (13)Manufactured Home. A manufactured home, as permitted by the State of North Carolina, shall be allowed to be set up in Kings Mountain with the following standards:
- (a)Length-Width Ratio: The minimum width (the width being the narrower of the two overall dimensions) of the main body of the mobile home shall be at least twenty-two (22) feet for a distance extending along the length (the length being the longer of the two overall dimension) of at least twenty (20) feet. As such, single-wide homes are not permitted on individual lots outside of a park.
- (b)Eaves. The roof shall have an overhand (eave) extending at least six (6) inches from each vertical exterior wall, excluding any guttering.
- (c)Roof Pitch. The minimum average pitch (excluding dormers) of exterior be a nominal 4/14 (rise over run) over the entire mobile home.
- (d)Exterior Finish. The exterior material shall consist of wood, hardboard, vinyl, brick, or aluminum and shall be comparable in composition, appearance and durability to site build houses in the vicinity. In no case shall the degree of reflectivity exceed that of gloss white paint.
- (e)Foundation. A continuous permanent masonry foundation consisting of brick, concrete block with stucco or fieldstone) unpierced except for required ventilation and access shall be installed upon a poured concrete footer after placement on the lot and within one month after occupancy.
- (f)Hitch Removal. The hitch, axle and transporting lights shall be removed within one month after occupancy.
- (g)Orientation. The mobile home shall be oriented on the site in such a manner that the side having the main entrance and by design is intended to be the front of the home, is parallel to the street abutting the site.
- (h)Skirting, Steps, and Landings. Shall be fully skirted with appropriate steps and desired landings attached per the code requirements.
- (14)Recreational Vehicle. A recreational vehicle not in an RV Park shall be parked and unoccupied in accordance with any applicable private covenants and restrictions. The only occupied allowance shall be on a property where a permanent residence is being constructed. For purposes of this section, a permit for the permanent residence must be valid. The RV must be unoccupied within thirty (30) days of final occupancy issuance on the permanent residence.
- (15)Tiny Home. A tiny home shall be permitted as long as it is built to the proper residential code and constructed on an individual lot. A house that does not meet these requirements shall be permitted only in an RV Park with the provisions therein.
- (16)Zero Lot Line Housing. See 156.50.04.
- (17)Residential Care Facility. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (18)Townhome. A single-family dwelling unit constructed in a series or group of attached units with property lines separating each such unit.
- (a)Units. Minimum of 4 attached units per building. Maximum of 6 attached units per building.
- (b)Unit Size.
Zoning District Vehicle Access Lot Setbacks Common Open Space (%) Max Height (ft) Area (ft2) Width (ft) Front (ft) Side (ft) Corner (ft) Rear (ft) Monopole 65 feet in height or greater 1,500 feet 750 feet Monopole less than 65 feet in height 750 feet 750 feet (Ord. 22-24, 07/26/2022; Ord. 23-06, 05/30/2023; Ord. 24-31, 07/30/2024; Ord. 24-41, 10/29/2024; Ord. 24-43, 10/29/2024; Ord. 24-46, 11/26/2024; Ord. 25-12, 04/22/2025)
Effective on: 4/22/2025
156.30.05 Special Use Permits
- (A)Generally. Review of a Special Use Permit is a quasi-judicial procedure whereby the Board of Adjustment or City Council verifies that a special use, as noted in 156.30.02, Land Use Matrix, complies with the requirements of this UDO and is appropriate for the location in question.
- (B)Purpose. The purpose of a Special Use Permit review is to ensure that a use generally deemed incompatible with permitted uses in a given zoning district can be considered for approval with certain conditions placed on the use as denoted in in this Section.
- (C)Applicability. An application is required for the establishment of a new special use, a change to a special use, or the expansion of a special use that has not been approved.
- (D)General Criteria. In determining whether to approve, approve with conditions, or deny a special use, the Board of Adjustment or City Council shall consider any applicable provisions of this Section in making its final decision and shall consider the following general criteria for each use below in addition to specific standards listed per use:
- (1)Conformity. The proposed special use will be in harmony with the area in which it is to be located and in general conformance with the Comprehensive Plan;
- (2)Ingress and Egress. Adequate measures will be taken to provide ingress and egress to minimize traffic hazards and traffic congestion on the public roads;
- (3)Nuisances. The proposed use will not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas, ;
- (4)Orderly Development. The establishment of the proposed use will not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district;
- (5)Health, Safety, and Welfare. The establishment, maintenance, and operation of the proposed use will not be detrimental to or endanger the public health, safety, or general welfare; and
- (6)Other Provisions. The proposed use complies with all other applicable provisions of this UDO.
- (E)Alteration to Approved Special Use Permits.
- (1)Minor Modifications. Specific minor modifications to special use permits that do not involve a change in use or density may be reviewed and approved administratively include the following:
- (a)Reductions in signage or square footage;
- (b)Increases in landscaping, open space, or setbacks;
- (c)Reorientation of structures that have an impact on the internal site only and do not position service entrances or rear facades alternatively from their original orientation; and
- (d)Realignment of approved ingress and egress as required by NCDOT or the City of Kings Mountain to better facilitate traffic safety.
- (2)Major Modifications. Any other modification of a special use permit shall follow the same process for approval as is applicable to the approval of a Special Use Permit. If multiple parcels of land are subject to a Special Use Permit, the owners of individual parcels may apply for permit modification so long as the modification would not result in other properties failing to meet the terms of the Special Use Permit or regulations. Any modifications approved apply only to those properties whose owners apply for the modification.
- (F)Specific Special Uses. The following specific special uses shall be reviewed by either the Board of Adjustment or the City Council in accordance with 156.30.02, Land Use Matrix, with provisions applied. If there are no specific standards listed below with a Special Use, they are permitted without pre-set conditions if the Special Use Permit is approved. The Board or Council may include additional restrictions for any use below:
- (1)Previous Legal Conforming Uses. Special Use Permits may be issued on a case-by-case basis for uses that became legal non-conforming upon the adoption of the City of Kings Mountain Unified Development Ordinance effective July 1, 2021. Use must have been continuous and in good standing with the City of Kings Mountain for application to be considered.
- (2)Hunting, Fishing, and Game Preserve (Commercial). No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (3)Pet Care Service (with outdoor kennels)
- (a)Minimum Distance from Residential. Any building used for the boarding of animals shall be located at least 200 feet from any residential use or residential zoning district boundary, school, day care facility, or public park, other than a dog park, measured as a radius from property lines of the limited use.
- (b)Sound-Proofing. Where the site is located adjacent to a residential use or zoning district boundary, all buildings used for the care or boarding of animals shall be fully enclosed and sound-proofed so animal noises will not be audible from a property line.
- (c)Hours for Outdoor Dog Runs and Animal Exercise Areas. Where the site is located adjacent to a residential use or zoning district boundary, outdoor dog runs shall not be used, and no other outdoor animal exercise shall occur, between the hours of 9:00 PM and 8:00 AM.
- (d)Front Yard Maintenance. The front yard area shall not be used for animal exercise, and all yards shall be cleared daily of any animal waste.
- (e)Screening of Outdoor Dog Runs and Animal Exercise Areas. Any outdoor dog runs or animal exercise areas visible from a public right-of-way or adjacent residential use or zoning district boundary shall be enclosed by a solid masonry or concrete wall or an opaque fence having a minimum height of five feet.
- (f)No Nuisance Created. The use shall not create or cause any perceptible noise or odors that constitute a public or private nuisance to neighboring properties.
- (4)Manufactured Home Parks. Manufactured Home Parks are only permitted in the ETJ. To provide standards for Manufactured Home Parks, the following regulations shall apply:
- (a)
Purpose. The purpose of this Section is to provide sufficient land area for the provision of manufactured housing in order to implement NCGS § 160A-383.1.
- (b)
Modular Homes Exempted. Manufactured (or modular) housing constructed to meet the North Carolina State Building Code shall be exempt from the restrictions of this Section and shall be permitted as any single-family detached dwelling subject to any other provisions of this UDO.
- (c)
Sizes Allowed. Single and Double Section homes are permitted in parks.
- (d)
Recreational Vehicles. Recreational vehicles are permitted in a manufactured home park for a maximum tenure of 180 days provided that:
- (i)Temporary Only. Recreational Vehicles shall not be used or occupied as a permanent Dwelling Unit.
- (ii)Placement and Screening. Recreational Vehicles shall be located on separate spaces and be completely screened from view from any access streets by landscaping, berms or natural obstructions.
- (iii)
Number of Spaces. Not more than 10 percent of the total number of spaces within the park may be occupied by a recreational vehicle.
- (e)
Design and Installation Standards for Manufactured Home Parks. The location of three or more homes on one parcel of land establishes a Manufactured Home Park. As such, each application for a manufactured home park as a Special Use Permit shall be accompanied by a master plan. The master plan shall show the circulation pattern, manufactured home spaces, permanent structures and other site design requirements that may be considered essential by the City of Kings Mountain. The master plan shall show how all proposed improvements will meet the following minimum standards.
- (f)Minimum Site Area. The minimum land area for the entire site shall be two acres.
- (g)
Minimum Space Area. In lieu of the dimensional and density requirements of 156.10.03, Lot and Building Standards, the standards below shall apply.
Standard Single Double Area of Space (square feet) 4,000 5,000 Width of Space (feet) 40 50 Depth of Space (feet) 100 100 Front Yard (in feet, measured from pavement edge of internal street to manufactured home) 20 20 Side Yard (in feet, between manufactured homes or permanent buildings) 25 25 Standard Single Double Area of Space (square feet) 4,000 5,000 Width of Space (feet) 40 50 Depth of Space (feet) 100 100 Front Yard (in feet, measured from pavement edge of internal street to manufactured home) 20 20 Side Yard (in feet, between manufactured homes or permanent buildings) 25 25 Standard Single Double Area of Space (square feet) 4,000 5,000 Width of Space (feet) 40 50 Depth of Space (feet) 100 100 Front Yard (in feet, measured from pavement edge of internal street to manufactured home) 20 20 Side Yard (in feet, between manufactured homes or permanent buildings) 25 25 Standard Single Double Area of Space (square feet) 4,000 5,000 Width of Space (feet) 40 50 Depth of Space (feet) 100 100 Front Yard (in feet, measured from pavement edge of internal street to manufactured home) 20 20 Side Yard (in feet, between manufactured homes or permanent buildings) 25 25 - (h)
Paved Street. All manufactured home spaces shall abut upon a paved internal street not less than 24 feet in paved width exclusive of parking.
- (i)
Parking. Two paved off-street parking spaces shall be provided for each manufactured home space.
- (j)Recreational Area. Each manufactured home park shall have a minimum of five percent of the total area set aside and developed for recreational purposes. If a swimming pool is provided, it shall be separated from other uses by a fence having a gate which is capable of remaining closed.
- (k)
Solid Waste and Recycling. Operators of manufactured home parks shall provide adequate solid waste refuse and recycling containers. Individual roll-out containers and/or large dumpsters may be used. Dumpsters shall be located at least 40 feet from any manufactured home unit and at least 10 feet away from internal residential streets. Recycling containers shall be emptied on a regular basis and shall be the responsibility of the park operator.
- (l)Water and Wastewater. A manufactured home park shall be served by an approved community or public water service. Approved community or public sewer shall be required.
- (m)Lighting. Adequate lighting shall be provided to ensure the safe movement of pedestrians and vehicles at night. Permanent buildings designed for and used by park residents shall remain illuminated to at least the level of 40-foot candles at all times.
- (n)Required Buffer Yard and Street Yard. All manufactured home parks shall provide a buffer yard, as applicable, on all property boundaries and along all street frontages.
- (o)Walkways. All manufactured home spaces shall be served by at least a three-foot all-weather surface. All common spaces shall be served by four-foot wide all-weather surface sidewalks.
- (5)Correctional Institution. No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (6)All Other Governmental Facilities. No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (7)Cemeteries & Mausoleums. No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (8)Country Club and Golf Course. No special requirements if approved. Additional requirements may be added as part of the review. Restaurants, Pro shops, and other accessory uses customarily associated with such may be allowed as part of an approved Special Use permit. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (9)Zoo. No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (10)Park-and-Ride Facility/Transit Terminals. No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (11)Solar Farm. To provide a setting for high tech power generation through solar panels in a solar farm setting, the following regulations shall be met:
- (a)Financial Surety. Prior to the issuance of a Zoning Compliance Certificate, the applicant must provide the City with a performance guarantee as provided below. The amount of the guarantee shall be 1.25 times the estimated decommission cost minus the salvageable value, or $50,000, whichever is greater. Estimates for decommissioning the site and salvage value shall be determined by a North Carolina licensed engineer or a licensed contractor. It is the responsibility of the applicant to provide the City with the certified cost estimate.
- (i)Types Permitted. The following types of performance guarantees are permitted:
- (A)Bond. A surety or performance bond that renews automatically, includes a minimum 6-day notice to the City prior to cancellation, is approved by the Planning Director, and is from a company on the U.S. Department of Treasury's List of Certified Companies. A bond certificate must be submitted to the City each year verifying the bond has been properly renewed.
- (B)Certified Check. A certified check deposited with the City finance director, as escrow agent, who will deposit the check in an interest bearing account of the City, with all interest accruing to the applicant. Funds deposited with the City Finance Director will be returned when the solar farm is decommissioned and any necessary site restoration is completed.
- (C)Letter of Credit. A no-contest irrevocable bond letter of credit from a banking corporation licensed to do business in the State of North Carolina. The terms of the letter must include the absolute right of the City Finance Director to withdraw funds from the bank upon certification by the City Manager that the terms and conditions of the performance guarantee have been breached. The letter must be valid up to 12 months from the date the performance guarantee was approved.
- (D)Time Effective. The full amount of the bond, certified check, or letter of credit must remain in full force and effect until the solar farm is decommissioned and any necessary site restoration is completed.
- (E)Release from Financial Surety. The land owner or tenant must notify the City when the site is abandoned for the financial surety instrument to be considered released and no longer held by the City.
- (b)Site Restoration. Each approved solar farm must have a decommission plan submitted by the applicant ensuring the following:
- (i)Plan Requirements. The applicant must include a detailed decommission plan that describe the anticipated life of the solar farm, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the solar farm project will be decommissioned and the site restored.
- (ii)Time Requirement. Following a continuous 6 month period in which no electricity is generated, the permit holder will have 6 months to complete decommissioning of the solar farm. Decommissioning includes removal of solar panels, buildings, cabling, electrical components, and any other associated facilities below grade as described in the approved decommissioning plan.
- (c)Installed Improvements Maintenance Standards. Landscape buffer/screens, ground cover, security fences, gates, and warning signs must be maintained in good condition until the solar farm is dismantled and removed from the site.
- (d)Fire Safety. A "kill switch" sufficient to take each series of panels out of service and which is accessible by fire safety personnel at any time shall be installed. Such shall be incorporated in the plans and fire safety personnel shall receive a briefing prior to activation.
- (e)Fencing. A security fence equipped with a gate and a locking mechanism must be installed at a minimum height of 8 feet along all exterior sides of the solar farm.
- (f)Underground lines. Power transmission lines must be located underground to the extent practical.
- (g)Voltage Warning Signs. A warning sign concerning voltage must be placed a the main gate to include the name of the solar farm operator and locate phone number for the solar farm operator in case of an emergency.
- (h)Authorization from local utility company. The applicant must provide written authorization from the local utility company's grid.
- (i)Erosion Control. Erosion control measures must be installed at construction entrances in order to minimize off-site soil damage. Existing grass must be maintained in perpetuity sufficient to prevent erosion.
- (j)Parking During Construction. All construction parking must be located outside of the right-of-way.
- (k)Permits Required. The applicant must secure all necessary approvals and/or permits from NCDOT for the access permits for project entrances prior to issuance of a Zoning Permit.
- (l)Glare. All solar panels must be constructed to minimize glare or reflection onto adjacent properties and adjacent roadways and must not interfere with traffic or create a safety hazard.
- (m)Buffering and Screening. A landscape buffer/screen along all exterior sides of the security fence must consist of:
- (i)On-site mature vegetation exists at a minimum height of 10 feet and depth of 75 feet between the security fence and adjacent property including rights-of-way; or
- (ii)A single row of evergreens in combination with mature vegetation installed at a height of 5 feet achieving opaqueness and a minimum height of 10 feet in 5 years; or
- (iii)A double row of off-set evergreens absent mature vegetation, installed at a height of 5 feet achieving opaqueness and a minimum height of 10 feet in 5 years; or
- (iv)A berm combined with evergreen vegetation installed at a height of 5 feet achieving opaqueness and a minimum height of 10 feet in 5 years.
- (n)Minimum Setbacks. All structures, except the security fencing, must meet a 50-foot front, rear, and side yard setback measured from the appropriate rights-of-way or property line. All structures, except the security fencing, must meet a 50-foot front, rear, and side yard setback measured from the appropriate rights-of-way or property line.
- (12)Amateur Radio Antenna. Kings Mountain, in the City or ETJ, based on health, safety, or aesthetic considerations that regulates the placement, screening, or height of the antennas or support structures of amateur radio operators will reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the City. The City may not restrict antennas or antenna support structures of amateur radio operators to heights of 90 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety, or aesthetic objective of the City.
- (13)Dance Halls, Night Clubs, Private Clubs, Bars, Lounges, Taverns, Pubs. A special use permit shall be required for a use in this category. This review shall also establish if business hours may extend past 12 am or prior to 7 am.
- (14)Funeral Home and/or Crematorium. No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (15)Electronic Gaming Establishment. The requirements contained herein or referenced herein do not apply to amusement video game arcades without either video gaming machines or internet game-sweepstake machines and having less than five amusement video game arcade machines.
- (a)Maximum Number of Machines — 3 (count screens, computers or individual control sets)
- (b)Minimum Distance from a Residential Zone — 200 feet
- (c)Minimum Distance from a Church Use — 200 feet
- (d)Minimum Distance from a School Use — 300 feet
- (e)Minimum Ratio of Exterior Window Area to Video Game Room Floor Area (machines must be visible from the exterior of the building in order to count as window area) — 10 percent
- (f)Minimum Distance of Separation from another Video Game Amusement Arcade — 200 feet
- (g)The use shall not be allowed on a parcel fronting Kings Mountain Boulevard, York Road, King Street, Dixon Boulevard, Cleveland Road, Battleground Avenue, or Shelby Road. Said use shall also not be visible from these corridors.
- (16)Fortune Telling/Palm Reading. The use shall not be allowed on a parcel fronting Kings Mountain Boulevard, York Road, King Street, Dixon Boulevard, Cleveland Road, Battleground Avenue, or Shelby Road. Said use shall also not be visible from these corridors.
- (17)Liquor Sales (ABC). No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (18)Outdoor Market (including Flea Markets). The use shall not be allowed on a parcel fronting Kings Mountain Boulevard, York Road, King Street, Dixon Boulevard, Cleveland Road, Battleground Avenue, or Shelby Road. Said use shall also not be visible from these corridors.
- (19)Pawnshop. The use shall not be allowed on a parcel fronting Kings Mountain Boulevard, Dixon School Road, York Road, King Street, Dixon Boulevard (US-74), I-85, Cleveland Avenue, Battleground Avenue, or Shelby Road. Said use shall also not be visible from these corridors.
- (20)Vaping Shop. The use shall not be allowed on a parcel fronting Kings Mountain Boulevard, York Road, King Street, Dixon Boulevard, Cleveland Road, Battleground Avenue, or Shelby Road. Said use shall also not be visible from these corridors. In addition:
- (a)They shall also not be located or operated within 700 feet of a:
- (i)Church, Synagogue, or Regular Place of Worship
- (ii)Public or Private Elementary or Secondary School
- (iii)Public Library
- (iv)Park or Playground with the exception of a greenway or other public trail
- (v)Licensed child care facility
- (vi)Licensed group home facility
- (vii)Entertainment Business oriented toward minors
- (b)They shall not be located or operated within 300 feet of another tattoo parlor, body piercing shops, vape shops, or any combination thereof.
- (21)Sexually Oriented Businesses. These businesses should be located in specific areas of the City which are a specified distance from sensitive uses such as residences, parks, religious institutions and schools, irrespective of whether physical barriers are present. This necessary to provide certainty to the residents and sexually oriented business operators with respect to potential adult use sites.
- (a)Authorization. These regulations are authorized by NCGS § 160D-902.
- (b)Applicability. The provisions of this Section apply to any sexually oriented business/adult establishments.
- (c)Size. The gross floor area is limited to 3,000 with all business activity conducted inside.
- (d)Sleeping Quarters. No sleeping quarters shall be permitted, except for an adult motel.
- (e)Parking. No enclosed or underground parking is permitted.
- (f)Locational Standards.
- (i)Other SOBs. No sexually oriented business or adult establishment shall be located within 2,000 feet of any other sexually oriented business or adult establishment. There shall be one per parcel.
- (ii)Sensitive Uses. No sexually oriented business or adult establishment shall be located within 2,000 feet of a public or private elementary or secondary school, Day Care use category, public or private recreation center, religious institution, or a public park.
- (iii)Residentially Zoned or Used Property. No sexually oriented business or adult establishment shall be located within 2,000 feet of any residentially zoned or used property.
- (iv)ABC Licensed Facility. No sexually oriented business or adult establishment shall be located within 2,000 feet of a business with an active ABC License.
- (v)Protected Corridors. The use shall not be allowed on a parcel fronting Kings Mountain Boulevard, York Road, King Street, Dixon Boulevard, Cleveland Road, Battleground Avenue, or Shelby Road. Said use shall also not be visible from these corridors.
- (g)Signs and Displays. Signs shall be regulated in accordance with 156.60, except that no sexually oriented printed material, slide, video, photograph, written text, live show, or other sexually oriented visual display shall be visible from outside the walls of the establishment, nor shall any live or recorded voices, music or sounds be heard from outside the walls of the establishment.
- (h)Minimum Distances Not Eligible for Variance. The minimum separation distances within this section are not eligible for variances.
- (22)Automobile Towing and Temporary Storage. The use shall not be allowed on a parcel fronting Kings Mountain Boulevard, York Road, King Street, Dixon Boulevard, Cleveland Road, Battleground Avenue, or Shelby Road. Said use shall also not be visible from these corridors.
- (23)Fuel Sales. No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (24)Manufactured and Modular Home and Storage Building Sales. No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (25)Resource Extraction Uses. No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (26)Landfill. No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (27)Salvage Yard (including vehicles). No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (28)All Other Waste Related Service. No special requirements if approved. Additional requirements may be added as part of the review. The State of North Carolina provisions for this use shall be considered as part of the review request.
- (29)Recreational Vehicle (RV) Parks.
- (a)Permit.
- (i)Required. It shall be unlawful for any person to operate an RV Park within the city limits unless he/she holds a valid permit issued annually by the City in the name of such person for the specific park. The applicant shall submit all applications for the permits on forms furnished by the City. A Certificate of Occupancy will also be required prior to receiving the permit.
- (ii)Hearing on denial. Any person whose application for a permit under this section has been denied may request, within 15 days of the notification of the decision to deny the permit and shall be granted, a hearing on this matter before the Board of Adjustment for approval or disapproval of the permit.
- (b)Fee. All applications shall be accompanied by a fee in accordance with the current fee schedule:
- (i)Initial Inspection Fee. Each applicant will be required to pay an initial $500.00 inspection fee for permit application.
- (ii)Reinspection. The city may reinspect the park at any time, upon reasonable notice to the owner/permittee to verify compliance with the terms and conditions of this section.
- (c)Site Plan. An applicant shall provide a site plan to staff and it shall include the content requirements listed in 156.60, Site Development Standards.
- (d)Overall Site Requirements.
- (i)Acreage. Each RV Park must have a minimum of ten acres and a maximum of twenty-five acres.
- (ii)Distance from other RV Parks. Each new RV Park must maintain a distance of 1/2 mile to another RV Park. This distance shall be measured from the closest entrance drive to the adjacent park's closest entrance drive.
- (iii)Access Points. An RV Park shall be limited to 100 spaces unless a second entrance is installed per additional 50 units. Additional entrances must be gated with appropriate emergency access.
- (iv)Types of Vehicles Permitted. Each RV Park may only rent space to Recreational Vehicles, with the exception that up to 10% of the spaces may be occupied by tiny homes as defined by this section. Under no circumstances shall a manufactured or mobile home be permitted to rent within the site.
- (v)Provision for Tiny Homes. Tiny homes shall be permitted to occupy up to 10% of the RV Park. These homes must be set up in accordance with manufacturer's installation standards as well as all other standards of this section. Under no circumstance shall a tiny home be a manufactured or mobile home.
- (vi)Camping Outside of RVs. There shall be no tent camping outside of an approved RV or tiny home under the provisions of this ordinance.
- (vii)Site Plan Required. All recreational vehicle park applicants are to include, with their application, site and storm drainage plans as prepared by licensed engineers, including (but not limited to) geotechnical information, structural make-up of all roadways/RV parking pads and surface finish/landscaping of entire site. Each RV parking pad shall be constructed to support the weight of the RV and associated vehicles. All driving surfaces in the park shall be prepped to be “road ready” as per the city’s road design standards. Gravel drives are not permitted. Proposed surfaces are to be approved by the City of Kings Mountain.
- (viii)Service buildings. Each RV Park shall have at least one service building per 100 spaces to provide necessary and adequate sanitation and laundry facilities.
- (ix)Resident Manager. Each RV Park shall have a resident manager that resides in a permanent single-family dwelling, either site built or modular.
- (x)Recreational Acreage. Each RV Park shall reserve 15% open space for amenities. This acreage shall be deducted from the density calculation for total number of units.
- (xi)Soil and Ground Cover. Exposed ground surfaces in all parts of the RV Parks shall be paved, covered with stone, rock or other similar solid material or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust.
- (xii)Drainage and Stormwater Management. The ground surface in all parts of the RV Park shall be graded and designed to drain all stormwater, surface water in a safe, efficient manner to city stormwater drains. A drainage study shall be required if the total of non-pervious surfaces are 40,000 square feet or above by a permitted professional engineer and easements for the conveyance of surface water off-site shall be obtained, if necessary.
- (xiii)Water Supply. Each site within an RV Park shall be provided with a connection to the city water supply if available. If city water supply is not available then a permit from the appropriate authorities shall be obtained to install a well. The city must approve all proposed water facility plans prior to permitting.
- (xiv)Wastewater Facilities. Each site within the RV Park shall be provided with a connection for wastewater if available. If city wastewater is not available then a permit shall be obtained prior to placement of an on-site sewage facility. All proposed wastewater service lines shall be connected to the city wastewater system if available. No "dump station or receiving station" at the RV Park. RV Parks must submit a wastewater division permit application for approval prior to construction of the facility. Wastewater division will permit and/or issue a BMP policy for the project.
- (xv)Electrical Service. Each site within the RV Park shall be provided with 50 amp electrical service. All electrical service shall be underground and installed in accordance with the current National Electrical Code.
- (xvi)Storage, Collection, and Disposal of Refuse and Garbage. Each RV Park shall be provided with safe and adequate facilities for the collection and removal of waste and garbage. Storage, collection, and handling shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, or fire hazards. Every RV site shall be located within 200 feet of a refuse facility measured along the RV Park internal roadway. Trash dumpsters shall be screened on three sides.
- (e)Registration of Guests. Each person renting a site within an RV Park shall be registered with the manager in charge of the RV park. Registration information will consist of renter's name, site being rented, date of arrival and expected departure date, automobile and recreation vehicle plate numbers.
- (f)Property Maintenance. Park grounds shall be maintained in a clean and orderly condition in accordance with City Code of Ordinances.
- (g)Fire safety standards/Fire Hydrants. The RV park must comply with the current Fire Code including, but not limited to standards for number of entrances, width of drives, and hydrants.
- (h)Underground Utilities. The RV Park utilities must be underground unless otherwise required or approved by the City.
- (i)Fencing. At a minimum, a fence at least six feet in height constructed of wood or a screened metal material must be placed on the sides and rear property line to buffer the RV park. The front/entrance of the RV park shall meet the city's landscape ordinance requirements. Access points on the sides or rear must be gated with appropriate emergency access.
- (j)Bufferyard. A minimum buffer distance along abutting property lines shall be established at 20 feet.
- (k)Lighting. Street lights shall be installed at a minimum of every 100 feet and shall be designed to minimize offsite reflection.
- (l)Individual Site Requirements.
- (i)Access. Each recreational vehicle site within the RV Park shall have access to an internal private roadway, which shall have access to a public street. The entrance of the internal roadway shall have pavement wide enough to permit free movement of emergency vehicles in accordance with city standards. All internal streets are to be constructed with asphalt or concrete materials with the objective to prohibit dust.
- (ii)Pad Size. Each recreational vehicle site within the RV park shall have a minimum area of 2,500 square feet with the space clearly marked identifying the space number. In addition, only one recreational vehicle is permitted per recreational vehicle pad.
- (iii)Paving. Each RV parking pad shall be a minimum of 20 feet wide by 40 feet long with a minimum five-foot-wide setback on each side, or otherwise able to accommodate both the RV unit and the tow vehicle. If additional parking pads are provided at the end of bays, then a minimum five-foot setback will still be required on each side of the parking bays.
- (iv)General Setbacks. No recreational vehicle parking pad shall be closer than 50 feet from any exterior property line.
- (v)Spacing. There shall be a minimum of ten feet between recreational vehicles with each unit at least three feet from the boundary of the rental space.
- (m)Length of Stay; Permanent Occupancy Prohibited. All recreational vehicles within the park shall be parked on a temporary basis for a period of 90 days within any consecutive 365 day period.
- (n)Removal of Wheels, etc. Any action toward removal of wheels of a recreational vehicle, or placement of the unit on a foundation, except for temporary purposes of repair, is prohibited. No external appurtenances, including carports, cabanas, decks, patios, porches, or storage facilities may be attached to any recreational vehicle.
- (i)Enlargement or Extension. Any enlargement or extension to any existing recreational vehicle park shall be treated as if such enlargement or extension was a new establishment, and thus be subject to all current, applicable regulations. No enlargement or extensions to any travel trailer or recreational vehicle park shall be permitted unless the existing park is made to conform substantially to all requirements for new construction for such facilities as provided herein.
- (ii)Inspections and Violations.
- (A)Authorized to enter premises. Upon the reasonable suspicion that a violation of any provision of this section has occurred, the Building Official and Code Official shall have the authorization to enter at reasonable times upon any private or public property within the purpose of inspecting and investigating conditions relating to the enforcement of this section.
- (B)Notice of Violation. Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this section, the City shall give notice of such alleged code violation to the owner or agent, as hereinafter provided. Such notice shall:
- 1)Be in writing.
- 2)Include a statement of the reasons for its issuance.
- 3)Allow ten days for compliance.
- 4)Be served upon the permittee or his agent, provided that such notice or order shall be deemed to have been properly served upon such permittee or agent when a copy thereof has been served in person or sent by certified mail to his/her last known address.
- 5)Contain an outline of remedial action that, if taken, will effect compliance with the provisions of this section.
- 6)Be issued with the understanding that after all procedures outlined above are exhausted, citations may be issued.
- (C)Appeal from Notice. Any permittee affected by any notice that has been issued in connection with the enforcement of any provision of this section applicable to such park may request a hearing before the Board of Adjustment; provided that such person shall file, within ten days after receipt of the notice was served, a written petition requesting such hearing with the director of planning and setting forth a brief statement of the grounds thereof.
- (D)Issuance of order. After such hearing, the city shall issue an order in writing sustaining, modifying, or withdrawing the notice of suspension, which order shall be served by certified mail upon the petitioner. Any failure to comply with an order sustaining or modifying the finding of a violation shall constitute grounds for immediate revocation of the permit of the park affected by the order.
- (E)Order without notice. Whenever the city finds that an emergency exists which requires immediate action to protect the public health or safety, the designated official may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring the action to be taken as deemed necessary to meet the emergency. Notwithstanding any other provisions of this section, such order shall be effective immediately, but upon written petition to the city shall be afforded a hearing as soon as possible. The provisions of this entire section shall be applicable to such hearing and the order issued thereafter.
- (F)Violations. A violation of this section shall follow 156.140, Enforcement Procedures.
- (G)Additional Requirements from the Board of Adjustment or City Council. In granting a Special Use Permit, the Board of Adjustment or City Council may impose additional restrictions and requirements upon such Special Use Permit as it may deem necessary in order that the purpose and intent of this UDO are served as long as they follow the limitations of 156.110 and have the statutory authority to do so.
(Ord. 22-13, 04/26/2022; Ord. 24-31, 07/30/2024; Ord. 24-32, 07/30/2024)
Effective on: 7/30/2024
156.30.06 Accessory Use and Structure Standards
- (A)Generally. Permitted accessory uses and structures are permitted based upon the regulations herein. If a Primary use is listed as prohibited in a zoning district but is permitted as an Accessory Use, the use is permitted only as an accessory use to a principal use or principal building on the same property.
- (B)Required to be Incidental. The use or structure is clearly incidental to and customarily found in connection with a principal building or use.
- (C)Required to be Subordinate. The use or structure is subordinate to and serves a principal building or principal use; is subordinate in area, extend, or purpose to the principal building or principal use served; contributes to the comfort, convenience, or necessity of occupants, business or industry in the principal building or principal use served; and is located on the same zone lot as the principal building or use served.
- (D)Where Permitted. Accessory Uses and Structures are permitted in accordance with 156.30.02, Land Use Matrix.
- (E)Establishment. Accessory uses and structures shall not be constructed or established on a lot until construction of the principal building has commenced or the primary use is established.
- (F)Location.
- (1)Required Setbacks. Accessory uses and structures shall not be erected in any required front yard, except as provided for below for lots over two acres in size, or within twenty (20) feet of any side street on a corner lot. In addition, accessory uses and structures shall be located a minimum of five feet from a side or rear property line.
- (2)Double Frontage Lots. Accessory uses and structures on double frontage lots shall not be closer to either street than the required front yard setback.
- (3)Distance from Principal Structure. All accessory uses and structures shall meet building code requirements for separation.
- (4)Residential Lots Below Two Acres. For residential lots not exceeding two acres, detached accessory buildings shall not occupy more than 30 percent of the required rear yard.
- (5)Residential Lots Two Acres or More. For residential lots that are two acres or more, detached accessory buildings may be located in the front yard but not closer than 75 feet from the front property line/street right-of-way.
- (6)Nonresidential Accessory Structures. The location of permitted accessory structures associated with a non-residential use shall be governed by the same dimensional regulations as set forth for the principal use structure(s).
- (G)Height. Accessory structures shall not exceed the standard height regulations of the zoning district when the accessory structure is located within the buildable lot area or fifteen feet in height, where the accessory structure is located within a principal structure setback area.
- (H)Size. An accessory building shall not exceed the ground floor area of the principal building.
- (I)Lighting. Exterior lighting for accessory uses and/or structures shall be placed so as to not directly or reflect light upon adjoining land.
- (J)Exemptions. The following uses/structures shall be exempt from the provisions of this Section:
- (1)Fencing and Walls. Fences and walls are excluded from these provisions; however, in no case shall a rear or side yard fence exceed seven (7) feet with the exception of recreation facility fences. Front yard fences shall not exceed five (5) feet in height. Commercial fences shall be no higher than eight (8) feet in height.
- (2)Mailboxes. Mailboxes shall be regulated by the USPS and are permitted to be located within the setback provided they are not a structural element that interferes with visibility.
- (3)Plant materials. Plants are not considered setback violations unless they interfere with the site triangle or vehicular visibility.
- (4)Any structure or improvement, once installed, is at grade or less than one foot above grade. These additions are not considered setback violations.
- (K)Approval of Accessory Uses and Structures. The standards in this Section apply to accessory uses and structures that are listed as permitted subject to limitations or that require a Special Use Permit in 156.30.05.
- (L)Specific Use Standards for Certain Accessory Uses and Structures. Certain accessory uses and structures require additional standards as follows:
- (1)Swimming Pools. A private swimming pool along with incidental installations, such as pumps and filters, is permitted in any residential zoning district subject to the following standards:
- (a)Location.
- (i)The swimming pool and incidental installations shall not be located in the front yard.
- (ii)The swimming pool shall be set back from all lot lines a distance of not less than five feet.
- (b)Screening. All swimming pools shall be enclosed from adjoining lots by the Principal Building, an Accessory Building, a solid wall, or a protective fence of not less than four feet in height.
- (c)Building Code Requirements. All swimming pools must also meet the requirements for the North Carolina State Building Code, including fence requirements.
- (2)Solid Waste Storage Areas. Solid Waste Storage Areas for all uses not employing roll cart garbage collection shall meeting the following requirements:
- (a)Screening.
- (i)Required. Solid waste dumpsters or other large containers for solid waste or recycling storage shall be confined in an enclosed area that is screened on all sides.
- (ii)Size and Material. A solid waste enclosure, large enough to confine solid waste items and dumpster(s), shall be of solid opaque construction, six-foot high with latching gates providing access, and shall be composed of materials consistent and compatible with those of the principal building(s) on the site.
- (b)Location. No solid waste storage area shall be located in any front building yard setback or any street yard or buffer yard.
- (c)Lid Required. Solid waste dumpsters or other large containers for solid waste storage shall have a lid to minimize the potential contamination of stormwater runoff.
- (3)Home Occupation.
- (a)Purpose. Home occupations provide for the use of a residential dwelling unit for limited business purposes subject to regulations that are designed to maintain the residential character of the dwelling unit, lot, and neighborhood; minimize the conflict of the home occupation with the surrounding residential uses, and to protect residential property values.
- (b)Building Character.
- (i)Signage. There is no exterior indication of the home occupation, except that a single unlighted placard with a maximum size of two square feet may be affixed securely and flat against the street-facing facade of the dwelling.
- (ii)Entrance. No entrance is specifically dedicated for the home occupation, unless otherwise required by law.
- (iii)Exterior Alterations. No external alterations or construction or reconstruction of the dwelling unit on the lot to accommodate the home occupation is permitted that alters the residential character of the dwelling.
- (iv)Maximum Floor Area. Not more than 25 percent of the gross floor area of the principal dwelling unit shall be devoted to a home occupation. If a home occupation is to be conducted in an accessory structure, such as a garage or other building properly permitted on the property, the home occupation may use the entire structure as long as the structure meets size standards appropriate for the district.
- (c)Parking. No additional parking spaces other than those for the primary residence are permitted to be constructed to accommodate the home occupation. This is reflective of keeping in line with the residential character. Any additional paving should be residential in character.
- (d)Operations.
- (i)Employees. No more than two persons shall be present and working at the home occupation at one time, other than the residents of the dwelling. This includes people who have entered into a contract to provide services for the home occupation.
- (ii)Traffic. The home occupation will be conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes.
- (iii)Outside Storage. There shall be no outdoor display or storage of goods, materials, merchandise, or equipment related to the home occupation that is visible from the exterior of the dwelling unit.
- (iv)Deliveries. The home occupation will not require the delivery or shipment of materials, merchandise, goods, or equipment by other than passenger motor vehicles, one ton step-up vans, or similar-sized trucks similar to what is received in a normal residential delivery setting.
- (v)Risk. The home occupation will not be more dangerous to life, personal safety, or property than any other activity ordinarily carried on with respect to a dwelling unit used solely for residential purposes.
- (vi)Required Conformance. The home occupation will be operated in accordance with all applicable laws and, if a state permit is required, such permit shall be obtained with a copy provided to the County prior to beginning operation.
- (vii)Hazardous Materials Prohibited. There will be no hazardous materials or processes used in conjunction with the proposed home occupation other than those approved by SCDHEC for a home setting.
- (viii)Nuisance. The home occupation shall not create offensive or objectionable noise, vibration, odors, heat, dirt, traffic, or electrical disturbance perceptible by the average person beyond the lot line of the subject premises.
- (e)Approval Subject to Review. Before permitting this type of use, the Administrator may refer this matter to the Planning and Zoning Board who reserves the right to hold a public hearing on the proposed home occupation. Notification and posting of the property shall follow rezoning guidelines set forth in this ordinance.
- (4)Portable On-Site Storage.
- (a)Generally. The following requirements apply to any residential zoned or used property upon which a portable on-site storage unit is to be placed.
- (b)Number. There shall be a maximum of two portable on-site storage units per parcel at any one time.
- (c)Location.
- (i)A unit shall be placed in the side or rear yard only. However, the unit may be placed in the front yard if side and rear areas are not accessible, as determined by the Director (unless the unit adversely impacts safety, sight triangles, or emergency response access).
- (ii)A unit shall be placed a minimum of five feet from side and rear property lines. There is no minimum spacing between units.
- (d)Tenure. A unit may remain on the parcel for a maximum of 90 days per calendar year without obtaining a Temporary Use Permit. A written reason, timeline, and completion date must be submitted by the applicant prior the issuance of the permit.
- (e)Exemptions.
- (i)Any commercial or residential construction site with active Zoning and Building Permits may have as many storage units as are needed on the site without restrictions or permits.
- (ii)The Temporary Use Permit fee may be waived in the case of damage as a result of fire, storm, flood, or other disaster events.
- (iii)The above restrictions do not apply to any parcel greater than five acres in size.
- (5)Recycling Facilities and Drop Off Sites.
- (a)Unattended Clothing Donation Containers. Unattended clothing donation containers are prohibited unless located at the operational site of a company or organization that collects used clothing for resale or donation as a primary business function.
- (b)Removal of Prohibited Clothing Donation Containers. Prohibited clothing donation containers that exist at the time this section is adopted shall be removed within 30 days of adoption.
- (6)Short-Term Rentals.
- (a)Host Occupied vs Non-Host Occupied. A short-term rental property shall be considered host-occupied if the property is the host’s primary residence for a minimum of 183 days per calendar year.
- (b)Tenure. A short-term rental tenant shall not stay more than 29 consecutive days in duration.
- (c)Signs. One wall sign that is a maximum of one square foot in area is permitted.
- (d)Parking. Each short-term rental shall provide one off-street parking space for each tenant room.
- (7)Food Truck Courts.
- (a)Food truck courts are permitted as accessory uses to uses in the following use categories:
- (i)Community Amenities;
- (ii)Educational Facilities;
- (iii)Medical Facilities;
- (iv)Parks and Open Areas;
- (v)Public Assembly;
- (vi)Entertainment, Indoor;
- (vii)Entertainment, Outdoor;
- (viii)Office; or
- (ix)Retail Repair, Sales, and Service.
- (b)The food truck court shall not be located in any required setback, sight triangle, or buffer.
- (c)The operator of a food truck shall obtain, in writing, and have on hand, the property owner's permission to operate on the property.
- (8)Metal Carports. Metal carports are not permitted within the City limits, but shall be permitted in the ETJ.
- (9)Shipping Containers. Shipping containers shall not be used as storage unless in an industrial zoning classification in the City limits or the ETJ unless authorized by a federal, state, or local government purpose.
- (10)Accessory Dwelling Unit. An accessory dwelling unit (ADU) is permitted as an accessory to a single-family detached dwelling; and shall comply with the following standards
- (a)No more than one ADU shall be located on a lot with a single-family detached dwelling;
- (b)An ADU shall not exceed 50% of the total amount of finished ground floor area in the principal structure;
- (c)Must be constructed of like design and materials of the principal structure;
- (d)Must be located behind the front plane of the principal structure;
- (e)Must meet all side and rear setbacks required as if a principal structure;
- (f)Total impermeable surface area of the residential lot must not exceed 50% (principal structure and all combined improvements including pools, driveways, walkways, sheds, etc. are included in the coverage calculation);
- (g)A minimum of one new off-street parking space must be identified for the ADU.
(Ord. 22-39, 11/29/2022; Ord. 23-06, 05/30/2023)
Effective on: 5/30/2023
156.30.07 Temporary Use and Structure Standards
- (A)Generally. Permitted temporary uses and structures are set forth in Table 156.30.07-1, Permitted Temporary Uses and Structures.
- (B)Purpose. The Temporary Use Permit is a mechanism to allow a use on a short-term basis and certain seasonal or transient uses not otherwise allowed. Prior to conducting or establishing a temporary use or structure, approval of a Temporary Use Permit by the Administrator is required.
- (C)Permitted Temporary Uses. The uses listed below, shall be permitted by right (unless noted otherwise) in each of the listed zoning districts.
Table 156.30.07-1
Permitted Temporary Uses and StructuresTP = Temporary Permitted Use | -- = Prohibited Use
Maximum Events per Year / Days per Event (Duration Column)Temporary Use
Duration
(Maximum Events per Year/Days per Event)
Zoning Districts
Rural and Residential
All Other Districts
RU
SR
SU
SC
AU
CB
MU
HI/LI/OP/BC
Amusement Enterprises 1 / 21 -- -- -- -- T -- -- -- Commercial Outdoor Sales Event
4 / 7 --
--
--
T
T
T
T
--
Contractors' Office (Temporary)
N/A1 T T T T T T T T Fireworks Stand 1 / 45 T -- -- T T T T -- Food Truck 365 / 1 -- -- -- T T T T T Outdoor Circus, Carnival, Exhibition, or Show 1 / 30 -- -- -- -- T T -- -- Real Estate Office in a Construction Trailer or Temporary Modular Unit N/A1 T T T T T T T T Real Estate Office in a Model Home N/A1 T T T -- -- -- T -- Seasonal Sale of Agricultural Products 4 / 30 T T T T T T T -- Sidewalk Vendor 3 / 45 -- -- -- T T T T -- Temporary Residence in Mobile Home During Construction of New Home N/A1 T T T -- -- -- -- -- 1These uses do not have a time limit, but the use must be ceased and removed from the property within 60 days after the Certificate of Occupancy is issued for the final principal structure (i.e. last home in development, last office building, single-family residence). Table 156.30.07-1
Permitted Temporary Uses and StructuresTP = Temporary Permitted Use | -- = Prohibited Use
Maximum Events per Year / Days per Event (Duration Column)Temporary Use
Duration
(Maximum Events per Year/Days per Event)
Zoning Districts
Rural and Residential
All Other Districts
RU
SR
SU
SC
AU
CB
MU
HI/LI/OP/BC
Amusement Enterprises 1 / 21 -- -- -- -- T -- -- -- Commercial Outdoor Sales Event
4 / 7 --
--
--
T
T
T
T
--
Contractors' Office (Temporary)
N/A1 T T T T T T T T Fireworks Stand 1 / 45 T -- -- T T T T -- Food Truck 365 / 1 -- -- -- T T T T T Outdoor Circus, Carnival, Exhibition, or Show 1 / 30 -- -- -- -- T T -- -- Real Estate Office in a Construction Trailer or Temporary Modular Unit N/A1 T T T T T T T T Real Estate Office in a Model Home N/A1 T T T -- -- -- T -- Seasonal Sale of Agricultural Products 4 / 30 T T T T T T T -- Sidewalk Vendor 3 / 45 -- -- -- T T T T -- Temporary Residence in Mobile Home During Construction of New Home N/A1 T T T -- -- -- -- -- 1These uses do not have a time limit, but the use must be ceased and removed from the property within 60 days after the Certificate of Occupancy is issued for the final principal structure (i.e. last home in development, last office building, single-family residence). Table 156.30.07-1
Permitted Temporary Uses and StructuresTP = Temporary Permitted Use | -- = Prohibited Use
Maximum Events per Year / Days per Event (Duration Column)Temporary Use
Duration
(Maximum Events per Year/Days per Event)
Zoning Districts
Rural and Residential
All Other Districts
RU
SR
SU
SC
AU
CB
MU
HI/LI/OP/BC
Amusement Enterprises 1 / 21 -- -- -- -- T -- -- -- Commercial Outdoor Sales Event
4 / 7 --
--
--
T
T
T
T
--
Contractors' Office (Temporary)
N/A1 T T T T T T T T Fireworks Stand 1 / 45 T -- -- T T T T -- Food Truck 365 / 1 -- -- -- T T T T T Outdoor Circus, Carnival, Exhibition, or Show 1 / 30 -- -- -- -- T T -- -- Real Estate Office in a Construction Trailer or Temporary Modular Unit N/A1 T T T T T T T T Real Estate Office in a Model Home N/A1 T T T -- -- -- T -- Seasonal Sale of Agricultural Products 4 / 30 T T T T T T T -- Sidewalk Vendor 3 / 45 -- -- -- T T T T -- Temporary Residence in Mobile Home During Construction of New Home N/A1 T T T -- -- -- -- -- 1These uses do not have a time limit, but the use must be ceased and removed from the property within 60 days after the Certificate of Occupancy is issued for the final principal structure (i.e. last home in development, last office building, single-family residence). Table 156.30.07-1
Permitted Temporary Uses and StructuresTP = Temporary Permitted Use | -- = Prohibited Use
Maximum Events per Year / Days per Event (Duration Column)Temporary Use
Duration
(Maximum Events per Year/Days per Event)
Zoning Districts
Rural and Residential
All Other Districts
RU
SR
SU
SC
AU
CB
MU
HI/LI/OP/BC
Amusement Enterprises 1 / 21 -- -- -- -- T -- -- -- Commercial Outdoor Sales Event
4 / 7 --
--
--
T
T
T
T
--
Contractors' Office (Temporary)
N/A1 T T T T T T T T Fireworks Stand 1 / 45 T -- -- T T T T -- Food Truck 365 / 1 -- -- -- T T T T T Outdoor Circus, Carnival, Exhibition, or Show 1 / 30 -- -- -- -- T T -- -- Real Estate Office in a Construction Trailer or Temporary Modular Unit N/A1 T T T T T T T T Real Estate Office in a Model Home N/A1 T T T -- -- -- T -- Seasonal Sale of Agricultural Products 4 / 30 T T T T T T T -- Sidewalk Vendor 3 / 45 -- -- -- T T T T -- Temporary Residence in Mobile Home During Construction of New Home N/A1 T T T -- -- -- -- -- 1These uses do not have a time limit, but the use must be ceased and removed from the property within 60 days after the Certificate of Occupancy is issued for the final principal structure (i.e. last home in development, last office building, single-family residence). - (D)Review Criteria. All temporary uses listed in this Section require a Temporary Use Permit. The Administrator shall not approve or modify and approve an application for a Temporary Use Permit unless the following general criteria, specific regulations and time limitations are met in addition to standards for any particular temporary use as specified.
- (1)Compatibility with and/or Effect on Surrounding Area. The allowance of such use shall not be detrimental to the public health, safety, and general welfare, and the use shall be consistent with the purpose and intent of this UDO and the specific zoning district in which it will be located. The use must also be compatible in intensity, characteristics, and appearance with existing land uses in the immediate vicinity of the temporary use. In addition to those listed herein, factors such as location, noise, odor, light, dust control and hours of operation shall be considered.
- (2)Public Convenience and Litter Control. Adequate public restroom facilities and waste containers shall be required on-site.
- (E)Cessation of Use. After the temporary use is finished, the site shall be returned to its condition prior to the temporary use being established, including, but not limited to, removal of all litter and any other facilities related to the use, at no expense to the City of Kings Mountain.
- (F)Outdoor Lighting. All light sources must be directed inward to the site and downward and away from adjacent properties.
- (G)Utilities. Temporary uses must provide sufficient potable water and adequate sewage disposal.
- (H)Number per Parcel. Only one Temporary Use Permit shall be permitted for a single parcel of land at any given time. If additional temporary uses are desired, the Board of Adjustment may permit under a Special Use Permit in accordance with 156.30.05.
- (I)Signs. Signage for temporary uses shall be permitted only within the time frame for which the temporary use is permitted in accordance with the sign standards in 156.60.03.
- (J)Property Line Setbacks. Structures and/or display of merchandise shall comply with the yard and property line setback requirements of the zone district within which it is located. The items shall be displayed so as not to interfere with the sight triangle of the intersection of the curb line of any two streets or a driveway and a street. In no case shall items be displayed, or business conducted within the public right-of-way.
- (K)Parking and Access. Adequate off-street parking shall be provided to serve the use. The use shall not displace the required off-street parking spaces or loading areas of the principal use. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances.
- (L)Traffic. The location of the temporary use or structure shall be such that adverse effects on surrounding properties will be minimal, particularly regarding any type of traffic generated or impacted by the temporary use or structure and impact upon traffic circulation in the area.
- (M)Location (Permission Required). The use shall not be on publicly or privately owned property unless the applicant first obtains written approval from the owner.
- (N)Emergency Access. The use shall not block drive aisles, other access to loading/service areas, or emergency access and fire lanes. It must also be positioned at least 15' away from fire hydrants, any fire department connection, driveway entrances, and accessible parking spaces.
- (O)Period of Time Between Permits. The period of time an expired Temporary Use Permit on a parcel and application for another Temporary Use Permit on that parcel shall be at least three months. This restriction shall not apply to real estate development and constructed related temporary uses.
- (P)Similar and Compatible Uses not Specified. If a particular temporary use is not listed in this UDO, the Administrator shall have the authority to grant a temporary use permit for a similar and compatible use. Determination of what constitutes similar and compatible shall be made by the Administrator. In such instances, the applicant shall provide the following information:
- (1)Type of use;
- (2)Number of employees;
- (3)Parking/circulation needs/hours of operation; and
- (4)Duration of operation.
- (Q)Appeals. If the Administrator determines that the use is not similar and compatible, the applicant may appeal the decision to the Board of Adjustment.
Effective on: 1/1/1901