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Kings Mountain City Zoning Code

§ 156.50

Design

156.50.01 Applicability

  • (A)
    GenerallyThe purpose of this Article is to acknowledge that development will occur in a manner that promotes, protects, and improves the general health, safety, and welfare of the people and conserves the character of the City of Kings Mountain. These protections are set out to ensure that the City continues to provide a desirable environment for residences, recreation, education, culture, commerce, and industry. These protections are set out below. The standards of this Chapter, 156.50, Design, and the next Chapter, 156.60, Site Development Standards, apply to new development, redevelopment, substantial improvement, and expansions of use, sites, and buildings, as shown on Table 156.50.01-1, Building and Site Design Standards Applicability, in the following categories: multi-family, single-family attached, nonresidential, mixed use, downtown (additional standards for the CB District are found in 156.50.05, and industrial buildings in addition to the specific standards in zero lot line housing.
  • (B)
    Conformance with City Plans and Policies. All development within the City of Kings Mountain be done in conformance with City Plans and Policies including but not limited to the Land Use Plan, Comprehensive Greenway, Bikeway and Pedestrian Improvement Plans, the Thoroughfare Plan and all applicable development codes, ordinances and policies.
  • (C)
    Timing of Compliance. The City will not issue a Certificate of Compliance and Occupancy until all site improvements required in this Article are constructed in conformance with the approved permit or plan.
  • Table 156.50.01-1  

    Building and Site Design Standards Applicability

    Type of DevelopmentSections of this Article

    Building 

    Design 

    Parking, Loading, Stacking, and Access1

    Trees, Landscaping, and BufferingSignsOutdoor Lighting1
    ♦ = Section Applies
    New residential, nonresidential or mixed-use development or change in use from residential to nonresidential or mixed-use
    Increase in apartment units, manufactured home pads or impervious surface by 50 percent or more1
    Increase in apartment units, manufactured home pads or impervious surface by 25 to 49 percent2 
    Change in use requiring 10 or more additional parking, loading, or stacking spaces  
    Increase in apartment units, manufactured home stands or impervious surface by less than 25 percent2 
    Change from a nonresidential or mixed-use to another nonresidential or mixed-use that increases peak hour trips by 25 percent or more or generates 100 vehicles trips or more  (entering/existing combined) during either the adjacent road's peak hours(s) or the Development's peak hour(s), whichever is less3   
    Construction of a new sign or structural modification of an existing sign    
    TABLE NOTES:
    1Refer to 156.60.01.EOff-Street Loading, and Section 156.60.01.F, Stacking, for specific applicability thresholds for off-street loading and stacking. 
    2Cumulative over a 5-year time period.
    3As determined by one of the following methods:
       A.   An estimation based on the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) methodology for typical land uses, or
       B.   Traffic counts made at similar traffic generators located in the City, or
       C.   Actual traffic monitoring conducted during the peak hour of the adjacent roadway traffic for the property
     

     

    Effective on: 1/1/1901

    156.50.02 Purposes

  • (A)
    Building Design. The purpose of 156.50.03 is to address the quality design of buildings and building sites in order to:
    1. (1)
      Character. Preserve and enhance a community character that conveys a positive, lasting impression on both residents and visitors;
    2. (2)
      Functionality. Provide buildings that are functional, safe, and attractive;
    3. (3)
      Public Realm. Establish the physical and functional relationships between buildings and the public realm; and
    4. (4)
      Form. Prescribe the rules related to building massing, form, and design.
  • (B)
    Parking, Loading, Stacking and Access. The purpose of 156.60.01, Parking, Loading, Stacking, and Access, is to:  
    1. (1)
      ​​​​​​Adequate Space. Ensure that adequate vehicle use areas are provided for new land uses and major alterations to existing uses;
    2. (2)
      Environmental Impacts. Minimize the negative environmental and urban design impacts that can result from excessive parking, driveways, and drive aisles within parking lots;
    3. (3)
      Bicycle Parking. Ensure that adequate off-street bicycle parking facilities are provided and promote parking that offers safe and attractive pedestrian routes;
    4. (4)
      Design. Establish standards and regulations for safe and well-designed vehicle use areas that minimize conflicts between pedestrians and vehicles within parking lots and surrounding land uses; and
    5. (5)
      Reductions and Credits. Offer flexible means of minimizing the amount of area devoted to vehicle parking by allowing reductions in the number of required spaces in context-sensitive locations.
  • (C)
    Trees, Landscaping, and Buffering. The purpose of 156.60.02, Trees, Landscaping, and Buffering, is to provide standards that will protect the health, safety and general welfare of the public, enhance property values, improve the appearance of the community, and preserve natural resources, trees, and native plants. Planting yard regulations are established to minimize potential conflicts between abutting developments, enhance the appearance of buildings and parking lots, and create a unified and attractive streetscape. These requirements will be applied to all new development, redevelopment or building expansion projects including streetscaping of rights-of-ways. These minimum requirements will:
    1. (1)
      Erosion and Infiltration. Reduce soil erosion and increase infiltration in permeable land areas essential to storm water management and aquifer recharge;
    2. (2)
      Nuisances. Mitigate air, dust, noise, heat and chemical pollution;
    3. (3)
      Heat Island. Reduce the “heat island” effect of impervious surfaces, such as parking lots, by cooling and shading the surface area and breaking up large expanses of pavement;
    4. (4)
      Streetscape. Establish a landscape theme including street trees and streetscape designs to be used throughout the City to promote the overall character and identity of the community;
    5. (5)
      Entryways. Address the design of entryways into the City to express the community’s values;
    6. (6)
      Native Plants. Reserve existing native vegetation as an integral part of the wildlife habitats, and incorporate native plants and ecosystems into landscape design;
    7. (7)
      Conservation. Promote innovative and cost-conscious approaches to the design, installation, and maintenance of landscaping while encouraging water and energy conservation;
    8. (8)
      Healthy Plants. Promote planting techniques that ensures long term health of plant materials;
    9. (9)
      Screening. Screen unsightly equipment or materials from the view of persons on public streets or adjoining properties and buffering from uncomplimentary land uses;
    10. (10)
      Professional Design and Installation. Maintain and increase property values by requiring site appropriate landscaping to be incorporated into development that is designed and installed by a qualified landscape professional; and
  • (D)
    Signs. The purpose of 156.60.03, Signs, is to: 
    1. (1)
      Constitution. Encourage the effective use of signs as a means of communication in the City while preserving the rights of free speech under the First Amendment to the United States Constitution;
    2. (2)
      Economic Development. Maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth;
    3. (3)
      Safety. Improve pedestrian and traffic safety;
    4. (4)
      Adverse Effects. Minimize the possible adverse effect of signs on nearby public and private property; and
    5. (5)
      Enforcement. Enable the fair and consistent enforcement of these sign restrictions.
  • (E)
    Outdoor Lighting. The purpose of 156.60.04, Outdoor Lighting, is to provide direction in controlling light spillage and glare so as not to adversely affect motorists, pedestrians, and land uses of adjacent properties. Lighting intensities should be controlled and assure that excessive light spillage and glare are not directed at adjacent properties, neighboring areas, and motorists.
  • Effective on: 1/1/1901

    156.50.03 General Provisions

  • (A)
    Generally.
    1. (1)
      Applicability. Unless otherwise specified, the general provisions of this Subsection shall apply to all multi-family, single-family attached, nonresidential, mixed use, downtown, and industrial buildings. 
    2. (2)
      Zero Lot Line. The general provisions of this Subsection do not apply to zero lot line houses.  Refer to for applicable standards for these building types. 
  • (B)
    Materials
    1. (1)
      Percentages. Building walls shall incorporate brick, cast stone, formed concrete, or other long-lasting masonry material acceptable to the Administrator over a minimum percentage of surface area (excluding windows, doors, and curtain walls). The remainder of wall area may incorporate other materials. Minimum percentages are required as follows:
      1. (a)
        Commercial and mixed-use buildings: 90% of surface area minimum on all sides of the building visible from a public right-of-way or residential property shall meet this requirement.
      2. (b)
        All uses in HI, LI, OP, and BC are not subject to this requirement unless fronting or visible from Kings Mountain Boulevard, York Road, King Street, Dixon Boulevard, Cleveland Avenue, Battleground Avenue, and Shelby Road.  On those thoroughfares: 90% of surface area minimum on all sides of the building on the rights-of-way listed, visible from a public right-of-way, or adjacent to a residential property shall meet this requirement. 
      3. (c)
        Multi-family and single-family attached with two or more units: 90% of surface area minimum on all sides of the building visible from a public right-of-way or residential property shall meet this requirement.
    2. (2)
      Consistency. All buildings, including gasoline pump canopies, shall utilize a consistent architectural style through the use of similar materials.
    3. (3)
      Variations. Differing buildings, businesses, or activities within the same development may be distinguished by utilizing variations of the same architectural style and materials.
    4. (4)
      Sides and Backs. Both sides and any back of a building with double street frontage shall be visually attractive by using the same materials and architectural detailing throughout.
    5. (5)
      Prohibited Materials.  No building elevation may be fully built with sheet or corrugated aluminum, iron or steel, plain concrete, plain concrete block, exterior panelized plywood, including foundation materials.  Some of these materials, if rated for outdoor use and approved by the Administrator, may be used for a portion of the structure as long as the minimum percentages in (1) above are met.  Industrial buildings are not subject to this requirement. 
    6. (6)
      Alternative Materials. The Administrator may approve alternative building materials not specified in this Subsection if the Administrator determines that, compared to the listed materials, the alternative:
      1. (a)
        Is substantially equal to or better in quality, durability, and appearance and will not violate any provision of this Section;
      2. (b)
        Is proposed in order to achieve certification in Leadership in Energy and Environmental Design ("LEED"), and the materials qualify for LEED points under both the "energy and atmosphere criteria" and the "materials and resources criteria" of the LEED checklists; or
      3. (c)
        Is part of a building that is certified by the Environmental Protection Agency as designed to earn an ENERGY STAR rating, and the materials substantially improve the energy efficiency of the building compared to materials that are permitted in this Subsection.
  • (C)
    Transparency.  Façades of all commercial structures shall incorporate windows over a minimum percentage of the surface area of street fronting façades.   Additional window standards for the CB District are found in 156.50.05.
    1. (1)
      Percentages. Minimum percentages for different levels are required as follows:
      1. (a)
        Ground level of retail repair, sales, and service uses 25,000 square feet in area or less: 50% of surface area minimum;
      2. (b)
        Ground level of office and other commercial uses 25,000 square feet in area or less: 35% of surface area minimum;
      3. (c)
        Ground level of any commercial use over 25.000 square feet: 25% of surface area minimum; and
      4. (d)
        Upper level of all uses: 20% surface area minimum.
    2. (2)
      Measurement. Transparency of the ground level shall be calculated within the first 15 feet of the building wall, measured vertically at street level.
    3. (3)
      Multiple Facades. In cases where a building has more than two façades fronting a street, the transparency requirement shall only be required on two façades based on pedestrian traffic and vehicular visibility.
    4. (4)
      View into Building. All ground level windows shall provide direct views to the building’s interior or to a lit display area extending a minimum of three feet behind the window. Ground level windows shall extend above an 18 to 24 inch base. Glass on windows and doors on the first floor shall be clear. Lightly tinted glass in neutral colors above the first floor is permitted. Such tinting is required to provide a visible light transmission percentage in excess of 85 percent. Mirrored glass is prohibited.
  • (D)
    Articulation.
    1. (1)
      Blank Walls. In order to add architectural interest and variety and to avoid the effect of a single long or massive wall with no relation to human scale proportions, the following standards shall apply:
      1. (a)
        No wall that faces a street or connecting walkway shall have a blank, uninterrupted length exceeding twenty (20) feet.
      2. (b)
        All building walls shall include at least two of the following:
      3. (c)
        Change in plane;
      4. (d)
        Change in texture or masonry pattern; or
      5. (e)
        Windows.
    2. (2)
      Consistency with Front Facade. All sides, including the rear as required on double frontage streets, of the building shall include materials and design characteristics consistent with those of the front.
    3. (3)
      Canopies and Awnings. In the event that canopies, awnings, or other similar appurtenances are used, the following standards shall apply:
      1. (a)
        Awnings shall be constructed of canvas, metal, or a similar material.
      2. (b)
        Such appurtenances shall be constructed of materials designed to complement the streetscape and the structure.
      3. (c)
        Any appurtenance may extend from the building up to 80 percent of the width of the sidewalk area or nine feet, whichever is less.
      4. (d)
        In no case shall any such facility extend beyond the curb line of the street, nor shall it interfere with the growth or maintenance of street trees, or maintenance of street lights or street signs.
      5. (e)
        A minimum overhead clearance of eight feet from the sidewalk shall be maintained.
  • (E)
    Color.  The applicant shall provide a project-based palette related to color of buildings in a development. Proposed color schemes shall incorporate a base primary color for each building. Each building within a development is not required to be of the same base primary color, but the color shall be compatible with other selected colors on the site. In the case of buildings that are entirely comprised of brick, stone, or concrete, the base color may be the natural color of the material. 
  • (F)
    Access
    1. (1)
      Into Structure.  Structures shall be sited so that the primary access is from the street front sidewalk leading to the parking area. In the event that a structure is located on a State Numbered Highway, the Administrator may permit the primary access to be located facing the parking area. All street level retail uses with sidewalk frontage shall be furnished with an individual entrance and direct access to the sidewalk in addition to any other access which may be provided. Doors shall provide a sense of entry and be designed to add variety to the streetscape through the use of recessed entries, projecting elements, porches, columns, and/or other architectural features. 
    2. (2)
      Into Lot.  Any lot of record shall be allowed one driveway access point notwithstanding the provisions of this section that may prohibit such access; provided, however, that two or more lots under common ownership shall be considered one lot and shall comply with the requirements of this section. Except where access would be denied, driveways shall be located at least 200 feet from the center of the line of any street intersecting the street and shall be located at least thirty feet from a side property line, except where a mutual joint access agreement exists which provides for a shared driveway for adjoining owners. Driveways on the same property shall be not less than 120 feet apart, measured along the right-of-way from center of driveway to center of driveway. Corner lots and tracts will be permitted one less driveway access point to the thoroughfare unless shared driveways are used on the thoroughfare access points or the frontage of the corner lot is less than 200 feet on the road as measured from the edge of the thoroughfare's right-of-way.
  • (G)
    Amenity Area. Projects containing groups of buildings to be devoted primarily to office and/or retail activities shall incorporate amenity areas into the site design. Amenity areas include, but are not limited to, public plazas, promenades, water features, clock towers, courtyards, squares or small parks on the site. Design elements to be included in the amenity areas are seating walls, benches, outdoor dining/gathering areas, decorative fountains or water features, clock towers and/or garden areas. Since the purpose of these amenity areas is to serve as pocket recreational areas and to help foster a sense of community, additional elements shall be considered if the applicant demonstrates to the Director that the design meets the intent of this Section.
  • (H)
    Mechanical Equipment. All rooftop mechanical and electrical equipment shall be completely screened from view from all public streets and adjacent properties. All screening walls/parapets shall be constructed and designed of materials compatible to that of the primarily structure and shall be incorporated into the design of the structure. Metal screening walls shall not be permitted.  Appurtenances such as heating and air conditioning equipment, coolers, etc. shall be screened entirely from public view and shall be designed and finished to match adjacent building materials. In addition to design elements, landscape materials shall be incorporated to provide additional screening and/or softening of equipment areas.
  • (I)
    Outdoor Storage.  Any outdoor storage area adjoining residentially zoned property shall be completely screened from the adjoining residentially zoned property using the screening device provided for 156.60.01.  Additional outdoor screening requirements are also found in that section. 
  • (J)
    Sidewalks. Sidewalks shall be constructed on a lot within the corporate limits of the City of Kings Mountain on:
    1. (1)
      All new construction on a vacant property.
    2. (2)
      Redevelopment of a property.
    3. (3)
      Change in use of a property.
    4. (4)
      Expansion of the primary structure, ancillary structure(s), or parking facility by 50% or 50,000 square feet, whichever is less.
    5. (5)
      For the requirements for sidewalk construction and the infill exemption of Section 156.70.02, the following definition will apply. Infill consists of the construction and development or comprehensive redevelopment of a single residential structure on a single lot, wherein no sidewalk currently exists on any adjoining lots, or within two hundred (200) feet of any adjoining lots; and, wherein the single lot exists within a subdivision in which 75% or more of the total lots are built upon with existing residential structures.

    Please see sidewalk requirements in 156.70.02

  • (Ord. 22-39, 11/29/2022; Ord. 24-34, 07/30/2024) 

    Effective on: 7/30/2024

    156.50.04 Zero Lot Line

  • (A)
    Purpose. The purpose of this Section is to provide reasonable design standards for detached single family dwelling development with zero lot lines, where permitted. In a zero lot line development, houses are shifted to one side of the lot. This provides for greater usable yard space on each lot. These developments require that planning for all of the house locations are done at the same time. Because the exact location of each house is predetermined, greater flexibility in site development standards are possible while assuring that the single-family detached character of a neighborhood is maintained.
  • (B)
    Easements
    1. (1)
      Eaves. The eaves on the side of a zero lot line house may not encroach on the property line of the adjacent property.  During construction, the entire structure should be maintained within the property line.
    2. (2)
      Maintenance Easement. An easement to allow for maintenance or repair is required when the eaves or side wall of a zero lot line house are within four feet of the adjacent property line, as depicted in Figure 156.50.04, Maintenance Easement. The easement on the adjacent property shall provide at least five feet of unobstructed space between the furthermost projection of the zero lot line house and the further edge of the easement.
  • Figure 156.50.04, Maintenance Easement 
    FIGURE NOTES:
    A = Maintenance easement on property adjacent to zero lot line house, even if the adjacent property itself is not zero lot line. 
    1. (C)
      Privacy. If the side wall of the zero lot line house is within three feet of the property line, windows or other openings that allow for visibility into the side yard of the adjacent lot are not permitted. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are permitted.
    2. (D)
      Building Separations. In no case shall the reduced setbacks result in a distance of less than 10 feet between principal residential structures.
    3. (E)
      Subdivision Plat Notes. The reduced setbacks and easements required in this Subsection shall be pre-determined and shall be clearly denoted on the preliminary subdivision plat and final plat.

    Effective on: 1/1/1901

    156.50.05 Central Business (CB) District Standards

  • (A)
    Generally.  The purpose of the Central Business District is stated in 156.10.02, District Establishment, and serves as the traditional downtown area with a compact pedestrian-friendly center with urban character and a mix of uses typical for the core of the city.  The intent of the ordinances in this section for the downtown (CB District) is to develop and encourage multi-generational housing, retail space and restaurants. These types of housing and businesses strive to make neighborhoods accessible, safe, and inclusive for children, youth, families, adults, and the elderly. The standards within this section apply to all property zoned CB. These are also in addition to other standards found elsewhere in this UDO.
  • (B)
    Purposes.  The purposes of these standards are to: 
    1. (1)
      Protect and enhance the economic and aesthetic appeal of properties that have an impact on the quality of life experienced by visitors to and residents of the City of Kings Mountain.
    2. (2)
      Guide the orderly development of properties adjacent to and within the vicinity of a major thoroughfare corridor identified as the City's main street, while at the same time maintaining traffic efficiency and safety of travel.
    3. (3)
      Preserve the unique small town character of Kings Mountain.
    4. (4)
      Implement streetscape design that is both inviting and on a human scale.
    5. (5)
      Communicate the community's vision for the downtown area.
  • (C)
    Applicability.  These standards shall apply when the following are met in the CB District:
    1. (1)
      Any new construction. 
    2. (2)
      All modifications to existing properties in the Central Business district, including but not limited to facade improvements, interior building improvements, parking changes, and signage changes. 
  • (D)
    Nonconformities within this area.  Any building, parking area, or sign that lawfully exists at the time this ordinance is enacted, which would not otherwise be permitted under this ordinance, may be continued as legal nonconforming, in good condition and repair, until improvements are made to the building, parking area, or sign, which would require compliance with the ordinance as written. 
  • (E)
    Specific Standards
    1. (1)
      Awnings. Awnings and canopies can serve several functions such as stimulating visual interest, protecting pedestrians from weather, and shielding items from sun damage in storefront displays. Awnings are recommended to provide visual interest and protect pedestrians from inclement weather. Awnings shall meet the following standards
      1. (a)
        Awnings shall not extend in width past the storefront area into the building piers. The shape shall relate to the window and/or door opening. Barrel shaped awnings should be used to complement arched openings while rectangular awnings are encouraged on rectangular openings. Retractable awnings are encouraged. 
      2. (b)
        When there are multiple storefronts, awnings should correspond in size, color, and material, and should use separate awnings for each storefront.  
      3. (c)
        Awnings should not block architectural features, and shall be attached to the vertical wall and lead to the public entrance.
      4. (d)
        Awnings must be constructed of durable, protective, and fire repellant material such as acrylic, polyester, fiberglass, aluminum, or canvas. Colors shall be of low reflectance, earth tone, and/or neutral colors. 
      5. (e)
        Backlighting or illuminating awnings are allowed. 
      6. (f)
        Awnings should protrude at least three (3) feet from the building facade and shall be at least ten (10) feet above the grade of the sidewalk.
      7. (g)
        When façade rehabilitation is taking place, it is strongly encouraged that awnings of non- conforming materials (see above) or awnings in disrepair be removed and/or replaced.
    2. (2)
      Signs. 
      1. (a)
        Symbolic three-dimensional signs appropriately-sized projecting signs are encouraged.
      2. (b)
        Signs must meet the illumination standards found in Section 156.60.03, Signs. 
      3. (c)
        Signs constructed of materials such as metal or wood are preferred. Plastic signs are not permitted in the Central Business District.
      4. (d)
        Permanently painted window signage is encouraged if compatible with the architecture of the building. Painted window signs should not consume more than 33% of the glazed area of the window. 
      5. (e)
        Neon signs are permitted in display windows, if not covering more than 25% of the window surface area. 
      6. (f)
        Internally illuminated signs (not including neon) are prohibited except for theater signage.
      7. (g)
        Pylon and monument signage is prohibited downtown. Appropriate "A-frame" signage is permitted as long as it is not permanently affixed and located on the same parcel as the business it is advertising.
      8. (h)
        Temporary window signage is limited to 25% of the window surface area. The combination of neon signage, permanently painted signage and temporary signage should not exceed a total of 50% of the window surface area.
      9. (i)
        Projecting signs must be no greater than sixteen (16) square feet and have a maximum width of four (4) feet and cannot extend beyond the first floor of the building. No less than 10 feet of clearance shall be provided between the sidewalk elevation and the lowest point of the projecting sign.
      10. (j)
        Maximum distance between sign and building face is one foot. Signs cannot block design details, windows, points of ingress and egress, or cornices of the building upon which they are placed.
    3. (3)
      Roofs and Parapets.
      1. (a)
        Rooflines should mimic the separate yet complementary rhythm of Downtown buildings.
      2. (b)
        Flat roofs (slightly sloped to drain) are preferred with parapets that articulate the rhythm of the buildings. Parapets should be embellished with brick detailing and stepped or sloped to achieve a visually interesting yet harmonious sequence along the building façade.
      3. (c)
        Sloped roofs are not allowed unless the roof form is concealed by a parapet or false front. Exceptions may be granted if the sloped roof is used on top of a multi-story building to help reduce the overall height of the façade.
    4. (4)
      Utility Areas (Alleys), Mechanical Equipment Screening, and Outdoor Storage
      1. (a)
        Utility areas and mechanical equipment should be designed so that they do not detract from the aesthetic appeal of the district.
      2. (b)
        The screening of exterior trash and storage areas, service yards, loading areas, transformers and air conditioning units must be screened from view with brick, wood, or vinyl fencing or opaque evergreen landscaping.  It is required to keep all public right-of-ways (sidewalks) clear of trashcans and debris.
      3. (c)
        Landscaping and aesthetically pleasing back entrances are encouraged as well.
      4. (d)
        Outdoor display or use of cargo containers or shipping containers used in rail, truck, or ship transport are prohibited. 
      5. (e)

        Outdoor display or use of materials associated with manufacturing, processing, repair or storage is prohibited. 

    5. (5)
      Windows.​​​​  Windows may be boarded up for a maximum of five (5) days and only when damaged or being replaced.  Reflective or tinted glass is not allowed.
    6. (6)
      Materials.
      1. (a)
        Permitted.
        1. (i)
          Traditional materials including brick, stone (including cast stone) and stucco to be used as the primary building materials. Stucco may be used when the property's existing subject surface is finished with stucco. Stucco shall not be used on a building without there being a proper context to support the usage.
        2. (ii)
          Tile, stone, glass block, copper flashing, metal and wood should be considered for accent materials and architectural detail. At rear entrances the primary materials should be used in a way that highlights the entrance.
        3. (iii)
          Infill construction should reflect some of the detailing of surrounding buildings in window shape, cornice lines and brick work.
        4. (iv)
          Building renovation and alterations should restore architectural details of cornices, brickwork, transom, display windows and bulkheads.
      2. (b)
        Prohibited. 
        1. (i)
          Concrete block or brick larger than 4” in height, 12” in length.
        2. (ii)
          Aluminum, vinyl or fiberglass siding or roofing materials. 
        3. (iii)
          Franchise architecture that is out of character with the standards herein.
    7. (7)
      Streetscape. When a new or redevelopment project disturbs existing streetscape elements those items must be replaced with approved Downtown Kings Mountain streetscape elements. Also, when making improvements to private property, including the addition of benches, trash receptacles, fencing, bike racks or trash enclosures, owners are required to match the surrounding style elements.
    8. (8)
      Upper Floor Treatments.  Upper floor windows should be restored using materials similar to lower floors. The addition of balconies on downtown buildings should be limited to the rear or side of the building and must receive DDRAC approval. 
    9. (9)
      Lighting.
      1. (a)
        Lighting in the downtown should serve to illuminate façades, entrances and signage and provide an adequate level of personal safety while enhancing the aesthetic appeal of the buildings.
      2. (b)
        Avoid colored lighting schemes in order to achieve continuity in building lighting within the downtown. Interior showcase lighting is highly encouraged.
      3. (c)
        Building and signage lighting must be indirect, with the light source(s) hidden from direct pedestrian and motorist view. For exterior sign illumination, shaded gooseneck lamps are encouraged. Original lighting should be left intact if at all possible. Avoid "faux" historical fixtures such as carriage lights.
    10. (10)
      Landscaping. ​​​​​​Landscaping treatments should be used to enhance the pedestrian experience, complement architectural features and/or screen utility areas. The use of flower boxes, planters and hanging flower baskets is encouraged.
    11. (11)
      Rear Entrances.  In order to provide a welcoming rear entrance to the buildings in Downtown, they should be clean and well maintained. A small sign, awnings, display windows and planter boxes are encouraged to improve the appearance.
    12. (12)
      Drive-Through Businesses. Drive-through businesses, including fast food restaurants, are not permitted in the CB District.  
    13. (13)
      Offices in the CB District. To increase the amount of commercial use and associated activity in the Original Downtown Footprint, space located on the first floor is limited for use by the existing business within the location and may not consist of more than 25% of the square footage of the building. Any building used as space in these areas that lawfully exists at the time this ordinance is enacted, which would not otherwise be permitted under this ordinance, may be continued as legal nonconforming in the same manner as existed before the effective date of the Ordinance until the current occupant no longer occupies the property.  The Original Downtown Footprint includes: ​​​​​​
      1. (a)
        S. Battleground Ave. between W. Gold Street and W. Mountain St.
      2. (b)
        S. Railroad between E. Gold St. and W. Mountain St.
      3. (c)
        W. Mountain St. between S. Battleground Ave. and S. Piedmont Ave.
      4. (d)
        W. Gold St. between S. Battleground Ave. and Cherokee St.
    14. (14)
      Small Scale Manufacturing.  As permitted in the Land Use Matrix, small scale manufacturing is encouraged within CB to include, but not be limited to, artisans, pottery makers, leather goods, bakeries, candle makers, butchers, florists, cheese makers, micro-breweries, and bottle shops.
    15. (15)
      Vacant Property.  The intent of this section is to preserve the integrity of the district from becoming blighted through the lack of adequate maintenance and security of abandoned and vacant properties and to prevent the appearance of vacancy or neglect of unoccupied properties as follows:
      1. (a)
        Definition:  For the purposes of this ordinance, vacant buildings are 1) used for warehousing of products and goods not for retail sale; 2) properties with no regular hours of operation and/or not open to the public for sales or services.
      2. (b)
        Duties and Responsibilities of the Owner.  It shall be the duty and responsibility of the owner of any non-residential premises to see that said premises under the control of the owner are maintained to minimize the appearance of vacancy and prevent the appearance of blight or neglect in accordance with the following sections.
      3. (c)
        Registration Required. 
        1. (i)
          In order to determine and document the location of vacant structures for the purpose of monitoring blight, preventing abandonment of structures, deterioration of buildings leading to unsafe conditions, improving quality of life for residents and helping to improve the economic vitality of the city, Kings Mountain is establishing a registration of vacant non-residential properties. The following requirements for owners of commercial and non-residential properties will henceforth be required. 
        2. (ii)
          Any vacant commercial or non-residential property that has been vacant for 90 days must be registered by the owner with the Main Street Coordinator within the Planning and Economic Development Department. Owner shall register property within the time period set forth unless owner can provide clear and convincing evidence that his or her property is not vacant.
        3. (iii)
          If registration is not made within 90 days as required, the Main Street Coordinator will send an initial notice of registration requirement to the owner of record of properties that exhibit evidence of vacancy. Compliance must be made within 15 days of receipt.
      4. (d)
        General Maintenance of Vacant Properties.
        1. (i)
          All commercial and non-residential properties shall comply with the City of Kings Mountain Ordinance 18-21 – Non-Residential Building Maintenance Code.
        2. (ii)
          The windows and doors of building structure of the property shall be intact and operable and shall be maintained in a way that does not provide evidence of vacancy, which prohibits the use of coverings of plastic, paper, plywood or other obscuring material.
        3. (iii)
          The storefronts and facades of buildings shall be maintained in a way that does not provide evidence of vacancy.
        4. (iv)
          All awnings and signs must not appear worn, tattered or have missing areas.
        5. (v)
          The interiors, when visible to passersby through storefront windows, shall be maintained in a way that does not exhibit evidence of vacancy, including trash, debris or stored materials or goods.
        6. (vi)
          Broken windows shall be replaced or re-glazed. Windows shall not be boarded up, except as a temporary security measure where approved by the Code Enforcement Officer.
        7. (vii)
          Properties vacant for more than 90 days must have lighting at entrances and exits from dusk to dawn.
      5. (e)
        Exemptions.  Types of buildings eligible for exemption status from the registration fee:
        1. (i)
          The building has fire damage. The owner then has 120 days to repair or demolish the building or register as vacant.
        2. (ii)
          The building is actively for sale or lease for a maximum period of two years. Owner must provide proof of building being actively and continuously marketed through a licensed real estate broker or the owner and show proof of advertising in the area. The price for lease or purchase must be no more than 25% over assessed value or market rate, verified by an appraisal completed by a licensed appraiser using accepted appraisal standards.
        3. (iii)
          The property is under an active renovation process.
      6. (f)
        Enforcement, Violations and Penalties.
        1. (i)
          It shall be unlawful for any owner to be in violation of any of the provisions of this chapter.
        2. (ii)
          Any person who violates a provision of this chapter or fails to comply with any order made thereunder and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by appeal, or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable as provided in this chapter.
        3. (iii)
          The imposition of one penalty for any violation shall not excuse the violation, or authorize its continuance.
        4. (iv)
          All such persons shall be required to submit an acceptable plan of action to the Main Street Coordinator within ten business days of notification of violation. This plan of action must include, but is not limited to, a description of the work to be done, by whom and a specific schedule. Plans shall be submitted to the Main Street Coordinator and reviewed by the Design Review Approval Committee, and forwarded to the Code Enforcement Officer. Work is to commence within 15 days of written approval. When not otherwise specified, failure to meet any stated condition within ten days of required action shall constitute a separate offense.
        5. (v)
          If the registration fee is not paid during the appropriate time period, the owner shall be in violation of this ordinance and a lien can be assessed against the property.
        6. (vi)
          Failure to comply with the requirements of this section may result in civil penalties.
      7. (g)
        Registration Fees. 
        1. (i)
          Registration with the Main Street Program of the City of Kings Mountain will be for a six-month term and must be renewed every six months that the property is vacant. The Registration process starts with the submittal of the application.
          1. (A)
            The registration fee is $250 for the first six months.
          2. (B)
            After six months, the registration fee is increased to $500.
          3. (C)
            After the first year, the registration fee is increased to $750.
          4. (D)
            After eighteen months, the registration fee is increased to $1,000.
          5. (E)
            Extensions after two years will be assessed on a case-by-case basis.
      8. (h)
        Insurance.  An owner must maintain liability insurance coverage of at least $1,000,000 for a vacant property. Proof of Insurance is required with application.
      9. (i)
        Inspection.  The interior and exterior of the building will be inspected by the Main Street Coordinator at the time of each registration and renewal.
  • (Ord. 22-13, 04/26/2022; Ord. 24-42, 10/29/2024) 

    Effective on: 9/27/2024

    156.50.06 Hospitality (HT) District Standards

  • (A)
    Generally.  The purpose of the Hospitality District is stated in 156.10.02, District Establishment, and serves as a district designed to establish a mixture of residential, commercial and entertainment uses in a horizontal and/or vertical format, which is designed for the area surrounding a major entertainment venue or in a focused hospitality setting.  The standards within this section apply to all property zoned HT. These are also in addition to other standards found elsewhere in this UDO. 
  • (B)
    Purposes.  The purposes of these standards are to: 
    1. (1)
      Protect and enhance the economic and aesthetic appeal of properties that have an impact on the quality of life experienced by visitors to and residents of the City of Kings Mountain.
    2. (2)
      Guide the orderly development of properties adjacent to and within the vicinity of a major entertainment venue or in a focused hospitality setting. 
  • (C)
    Applicability.  These standards shall apply when the following are met in the HT District:
    1. (1)
      Any new construction. 
    2. (2)
      Minor level exterior building improvements, parking changes and signage changes (Minor level proposals) that require a zoning permit, building permit and/or sign permit and said improvements and changes are under $15,000. Applicability will be limited to the element altered.
    3. (3)
      Mid level exterior building improvements, parking changes and signage changes (Mid level proposals) that require a zoning permit, building permit and/or sign permit and said improvements and changes are under $100,000 but more than $15,000.  Applicability shall be to all exterior elements and signage.
    4. (4)
      Major level exterior building improvements, parking changes and signage changes (Major level proposals) when total costs exceed $100,000. Applicability shall be to all exterior elements and signage. 
  • (D)
    Specific Standards.
    1. (1)
      Room Sizes in Hotels.  The minimum guest room size for any hotel or motel room shall be 350 square feet.
    2. (2)
      Setbacks for Hotels.  In addition to setbacks found in 156.10.03, Lot and Building Standards, all hotels must have a setback of 1.5 times the height of the approved structure
    3. (3)
      Entrance Drives.  All entrance drives in this district shall be designed in a boulevard style setting with no on-street parking along the initial entrance drive.  This will prevent stacking of cars onto the main thoroughfare.
    4. (4)
      Parking and Landscaping in Setbacks.  Parking shall be permitted in setbacks with the following requirements:
      1. (a)
        Parking must preserve a setback of half of the building setback.
      2. (b)
        The remainder of the setback area must be designed with a detailed landscaping plan to be submitted with the site plan proposal.  This plan must include plans for maintenance and irrigation. 
    5. (5)
      Lighting.  Lighting in the HT District shall follow the lighting standards found in 156.60.04, Outdoor Lighting, with the following exceptions:
      1. (a)
        Lighting for entry roads and parking areas should have an illumination of 2 foot candles at a minimum.
      2. (b)
        Light poles are limited to 14' in height to encourage a pedestrian scale. 
      3. (c)
        Facade lighting must be included for all buildings in this district to create an appealing evening character. 
    6. (6)
      Trash and Delivery Areas.  All exterior trash and loading/delivery areas must be concealed from public view.  This requirement applies to corner lots as well.  A design element, including a wall or opaque fence or evergreen landscaping screen must be used to achieve this requirement.  
    7. (7)
      Site Drainage.  Drainage ponds shall be located on the sides or rear of the property.  If this is not possible, the ponds or drainage features must be designed as an amenity to include fountains, etc. to create a visually appealing look.
    8. (8)
      Functional Design Elements.  Special design elements must be included in all developments to create character and functionality in this area.  These elements include sun angles, wind analysis, and thermal studies to avoid heat islands, wind tunnels, and poor visibility for outdoor elements of the project.  
  • Effective on: 1/1/1901

    156.50.07 Recreational Community (RC) Subdivision Specifications

    In addition to standards found in other sections of this ordinance related to RC, when reviewing and approving a new RC development, it will be limited to 50 lots.  If any additional lots are requested, they must receive express consent from City Council during the review and approval phase of the zoning of the property

    Effective on: 1/1/1901

    156.50.08 Performance Flex Lot

  • (A)
    Residential Performance Building Design Standards. For each of the following standards that are met residential developments are eligible for the prescribed performance points. For the purpose of this Section, building wall types are defined as follows:  
    1. (1)
      Primary/Front Façade. Any building wall plane which is oriented toward a street right-of-way and contains the primary building entrance.

    2. (2)
      Secondary/Corner Side Façade. Building wall planes that do not contain the primary entrance to the building and face a secondary street right-of- way on a corner lot.

    3. (3)
      Side Façade. Building wall planes that do not face a street right-of-way and are generally perpendicular to the primary/front façade.
    4. (4)
      Rear Façade. Building wall planes that face the rear yard and generally parallel to the primary/front façade.
  • (B)
    Single-family and Two-family Residential Performance Standards
    1. (1)
      Wall Materials (two performance points)
      1. (a)
        Exterior wall materials shall be wood, fiber cement board, brick, stone, vinyl (minimum of .44mm), or similar materials.
      2. (b)
        A minimum of two (2) materials shall be mixed on the front and corner side facades, and a minimum of 50 percent of the front and corner side facades shall be brick, stone, or a material similar in appearance and durability. Brick, stone or similar heavy materials shall be located below lighter materials such as wood or vinyl. When used, vinyl siding shall be a minimum of .44mm and should not exceed 20% of the facades visible from public or private streets.
      3. (c)
        The front wall shall incorporate at least 25 percent of the primary material used on the side walls of the building. 
    2. (2)
      Roofs (one performance point)
      1. (a)
        Roof materials shall be asphalt shingles, wood shakes, standing seam metal, slate, tile, or similar materials.
      2. (b)
        The primary roof of a single-family residential building shall be pitched. Pitched roofs for one-story buildings shall have a slope of between 4:12 and 8:12. Pitched roofs for one-and-a-half (1 ½) or multiple story buildings shall have a slope of between 6:12 and 12:12. Secondary roofs may be flat and shall have a parapet wall with a decorative cap or cornice.
      3. (c)
        Architectural elements such as height variations, gables, dormers, cupolas, towers, and other similar elements shall be incorporated into the roof design at a minimum of every 25 linear feet on the primary/front façade.
      4. (d)
        Roofs shall be in scale with the building and shall have an overhang of ten (10) inches or more on all sides of the building to facilitate proper water run-off.
    3. (3)
      Garages (one performance point)
      1. (a)
        Front-loaded garages shall not have visual prominence on the front façade and shall not compose more than 45 percent of the total length of the front elevation.
      2. (b)
        Garages and carports shall be set back a minimum of 25 feet from a public street right-of-way.
      3. (c)
        Attached garages for more than two (2) cars shall not face the primary street without an additional setback (minimum of 4 feet) for additional doors. Garages on corner lots may face the non-fronting street.
      4. (d)

        The maximum width for an individual single car garage door shall be 12 feet.

        The maximum width for an individual two-car garage door shall be 18 feet.

    4. (4)
      Façade Articulation (one performance point)
      1. (a)
        Façade articulation in the form of gables, projections, recesses, and/or porches of a minimum of three (3) feet in depth shall be located a minimum of every 25 feet along the front and corner side façades.
      2. (b)
        Two-family (duplex) residences shall be designed in such a way that the primary entrances are not both on the same plane of the primary/front façade.
      3. (c)
        Two-family residences on corner lots shall be designed with one unit’s primary entrance facing one fronting street and the other units facing the other fronting street.
    5. (5)
      Porches (one performance point)
      1. (a)
        Houses under 30 feet wide shall incorporate a covered porch on the primary/front facade that is a minimum of 10 feet wide and five (5) feet deep.
      2. (b)
        Houses greater than 30 feet wide shall incorporate a porch on the front façade that is a minimum of 40 percent of the length of the primary/front façade and a minimum of five (5) feet deep.
    6. (6)

      Street Connectivity for Residential Development (one performance point)

      1. (a)

        Residential developments that meet the connectivity ratio set forth in this subsection are eligible receive one (1) performance point. The minimum connectivity ratio to receive this performance point is 1.40 (see example below). The phrase “connectivity ratio” means the number of street links divided by the number of nodes or link ends, including cul-de-sac heads. A “link” means and refers to that portion of a street defined by a node at each end or at one (1) end. Approved stubs to adjacent property shall be considered links. However, alleys shall not be considered links. A “node” refers to the terminus of a street or the intersection of two (2) or more streets, except that intersections that use a roundabout shall not be counted as a node. For purposes of this subsection, the street links and nodes within the collector or thoroughfare streets providing access to a proposed development shall not be considered in computing the connectivity ratio.

         

    7. (7)
      Decorative Street Lighting (one performance point)
      1. (a)
        Residential developments that have decorative pedestrian-scale lighting installed along all streets shall receive one performance point. Pedestrian-scale lighting shall be 10-15 feet tall. Wooden poles are not considered decorative. 
    8. (8)
      5% Additional Open Space Above the Required (one performance point)
    9. (9)
      Small Neighborhood Amenity (one performance point)
      1. (a)
        ​​​​​​Playground (designed for a minimum of 10 children per 50 lots
      2. (b)
        Fenced dog park with water fountain (min. 2,500 sq. feet of enclosed play area) 
      3. (c)
        Ten plot or larger community garden with water source (10’x10’ min. plot size) 
      4. (d)
        Basketball/pickleball/tennis courts with noise buffer where applicable 
      5. (e)
        Disc golf course 
      6. (f)
        Other similarly scaled amenity as approved by Director of Development Services or designee 
    10. (10)
      Large Neighborhood Amenity (two performance points)
      1. (a)
        Clubhouse with neighborhood pool or splash pad (min. clubhouse size of 1000 sq. feet for the first fifty lots, plus an additional 10 sq. feet per additional lot) 
      2. (b)
        Clubhouse with outdoor community gathering area (min. clubhouse size of 1000 sq. feet for the first fifty lots, plus an additional 10 sq. feet per additional lot plus min. 2,500 sq. feet of improved gathering area) 
      3. (c)
        Enhanced/public trail or connectivity component (requires construction of 50 linear feet of trail per lot) 
      4. (d)
        Other similarly scaled amenity as approved by Director of Development Services or designee
  • (Ord. 22-39, 11/29/2022; Ord. 23-24, 08/29/2023) 

    Effective on: 8/29/2023

    156.50.09 Multi-Family Building Design Standards

  • (A)
    Multi-Family Performance Building Design Standards. All multi-family dwellings require a quasi-judicial Special Use Permit that is decided upon by City Council. For each proposed project, the following standards that are used to evaluate multi-family residential developments. For the purposes of this Section, building wall types are defined as follows:
    1. (1)
      Primary/Front Façade. Any building wall plane which is oriented toward a street right-of-way and contains the primary building entrance.
    2. (2)
      Secondary/Corner Side Façade. Building wall planes that do not contain the primary entrance to the building and face a secondary street right-of- way on a corner lot.
    3. (3)
      Side Façade. Building wall planes that do not face a street right-of-way and are generally perpendicular to the primary/front façade.
    4. (4)
      Rear Façade. Building wall planes that face the rear yard and generally parallel to the primary/front façade.
  • (B)
    Multi-family Residential Performance Standards
    1. (1)
      Wall Materials
      1. (a)
        Exterior wall materials shall be wood, fiber cement board, brick, stone, vinyl, or similar materials.
      2. (b)
        A minimum of two (2) materials shall be mixed on all facades, and a minimum of 50 percent of all facades shall be brick, stone, or a material similar in appearance and durability. Brick, stone or similar heavy materials shall be located below lighter materials such as wood or vinyl.
    2. (2)
      Roofs
      1. (a)
        Roof materials shall be asphalt shingles, wood shakes, standing seam metal, slate, tile, or similar materials.
      2. (b)
        Pitched roofs for one-story buildings shall have a slope of between 4:12 and 8:12. Pitched roofs for one-and- a-half (1 ½) or multiple story buildings shall have a slope of between 6:12 and 12:12.
      3. (c)
        Flat roofs shall have a parapet wall with a decorative cap or cornice.
      4. (d)
        Architectural elements such as height variations, gables, dormers, cupolas, towers, and other similar elements shall be incorporated into the roof design at a minimum of every 25 linear feet on all facades.
      5. (e)
        Roofs shall be in scale with the building and shall have an overhang of six (6) inches or more to facilitate proper water run-off.
    3. (3)
      Garages (when provided)
      1. (a)
        Garages shall not be located on the primary/front façade.
      2. (b)
        All garages shall be located on alleys or parking courtyards to the rear or interior of the building or building block.
    4. (4)
      Façade Articulation
      1. (a)
        Façade articulation in the form of gables, projections, recesses, and/or porches or balconies of a minimum of three (3) feet in depth shall be located a minimum of every 25 feet along the all facades.
      2. (b)
        Exterior stairs and open circulation corridors shall not be located on the front façade.
    5. (5)
      Porches and Balconies (required on at least 50% of units)
      1. (a)
        Porches or balconies a minimum of eight (8) feet wide and four (4) feet deep shall be incorporated on the front façade.
  • (Ord. 22-39, 11/29/2022) 

    Effective on: 11/29/2022