1. (1)
   New construction or initial use of the property.
2. (2)
   Enlargement or Increased Capacity. A principal building is enlarged or capacity is increased by adding dwelling units, guest rooms, seats, or floor area; or
3. (3)
   Change in Use or Zoning Classification. Prior to changes in use(s) or occupancy of existing buildings that require evaluation of parking requirements.

1. (1)
   Single-family and Duplexes on Single Lots. Detached single-family dwellings or duplex developments on individual lots of record (except that single-family units and duplexes shall maintain an area large enough to accommodate two off-street parking spaces); or 
2. (2)
   Stand-Alone Parking. Parking areas that constitute the principal use of a site shall comply with all of the provisions of this Section except for the minimum or maximum number of spaces as required in Section 156.60.01.B, Parking Design. 
3. (3)
   Paving for Assembly Uses. Paving of parking areas and access ways for Public Assembly and Outdoor Entertainment uses may be waived if the applicant presents evidence to the Administrator that these spaces will not be used regularly on a daily basis or at least five times per week. Parking areas for which paving is waived shall maintain a turf surface. All parking areas for which paving is waived shall meet the minimum requirements of Volumes I-C and V of the North Carolina State Building Code for Accessibility and for Fire Prevention. All parking lots shall be constructed with proper drainage.

1. (1)
   Mixed-Use District. The minimum and maximum parking requirements in the Walkable Center development type of the Mixed Use (MU) district shall be reduced by 50 percent. 
2. (2)
   Central Business District. The minimum and maximum parking requirements shall not apply for nonresidential uses in the Central Business (CB). Any development that contains a mixture of residential and nonresidential uses, parking shall be provided for the residential use at a rate of one space per dwelling unit.  
3. (3)
   Parking Structures.  The maximum parking requirements shall not apply to parking spaces within an above-ground or an underground parking structure. For the purposes of parking calculations, the gross area of any parking garage within a building shall not be included within the Gross Floor Area of the building.

1. (1)
   RV or Camping Trailer.  Not more than one RV or camping trailer shall be permitted on a lot in any residential district. The trailer shall not be occupied temporarily or permanently while it is parked or stored except as otherwise permitted by this ordinance. 
2. (2)
   Commercial Vehicles. Not more than one commercial vehicle that does not exceed 2 tons rated capacity shall be permitted on a lot in a residential district. No commercial vehicles used for hauling explosives, gasoline, or liquefied petroleum products shall be permitted. Idling shall not be permitted overnight nor shall they be parked in the front yard.

1. (1)
   Generally. Parking lots shall be paved with an all-weather surface that provides effective drainage and protection against potholes, erosion, and dust. Paving is required for all minimum parking, at all entrances, from the road to the required accessible parking spaces, and at loading docks under all circumstances regardless of exceptions below.
2. (2)
   Maintenance. All paved parking locations shall be maintained to ensure that should a pothole or erosion occur, it will be repaired.
3. (3)
   Pervious Pavement. All development with paved parking in excess of 100% of the maximum shall be required to use pervious pavement or pervious pavement systems.  Minimum required parking shall be paved. From the standpoint of complying with language above, pervious pavement shall be considered paved if it complies with the following:

   1. (a)
      The pervious pavement or pervious pavement system shall be designed and certified by a registered engineer or landscape architect to carry a wheel load of 4,000 pounds.
   2. (b)
      In nonresidential and mixed-use developments, pervious pavement or pervious pavement systems, except pervious asphalt or pervious concrete, shall not be used for access and circulation drives, driveways, parking aisles, accessible parking spaces, or loading spaces.
   3. (c)
      Pervious pavement or pervious pavement systems that utilize turf grass shall be limited to overflow parking which is not typically used on a daily or regular basis.
   4. (d)
      The use of pervious pavement or pervious pavement systems shall not count as landscaping.
   5. (e)
      The use of pervious pavement or pervious pavement systems shall be prohibited in areas on a lot used for the dispensing of gasoline or other engine fuels or where hazardous liquids may be absorbed into the soil.
   6. (f)
      The use of pervious pavement or pervious pavement systems shall be adequately maintained so that the specified level of perviousness continues overtime.

1. (1)
   Clearly Identified. Except for single family uses, parking spaces shall be permanently and clearly identified.
2. (2)
   Maintenance. Nonpermanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

1. (1)
   Generally. Nine feet in width by the standard stall depth of 20 feet.
2. (2)
   90-degree Parking Spaces that Abut a Curb or the Edge of Pavement (allowing an overhang). Required dimensions listed in Paragraph G.1 above, may be reduced to nine feet in width by a reduced stall depth of 18 feet:

   1. (a)
      There is a six foot wide sidewalk; or
   2. (b)
      A minimum eight foot landscape area (see Figure 156.60.01.C-1, Parking Space Dimensions).
3. (3)
   Parallel Parking Spaces. Parallel parking spaces shall be eight feet width by the standard stall depth of 20 feet.
4. (4)
   Compact Car Spaces.  

   1. (a)
      This Subsection shall apply only to retail shopping centers/superstores of 25,000 square feet or more.
   2. (b)
      Each compact car parking space shall be a minimum of eight feet wide and 16 feet long. Compact car parking spaces shall be clearly marked or posted for “Compact Cars Only.”
   3. (c)
      Not more than 20 percent of the off-street parking spaces required by this Section shall be designed as compact car parking spaces.
   4. (d)
      All other provisions of this Section relating to off-street parking requirements shall be met.

1. (1)
   13 feet by 18 feet for a single non-van space (8 feet in width in addition to a five-foot access aisle);
2. (2)
   16 feet by 18 feet for a single van space (8 feet in width in addition to an eight-foot access aisle); or
3. (3)
   24 feet by 18 feet for a double van space, or a non-van and van double space (eight feet in width for each space with an eight-foot access aisle between spaces).

1. (1)
   Retail Repair, Sales, and Service Uses. One loading space with minimum dimensions of 12 feet by 25 feet for every 20,000 square feet of Gross Leasable Area rounded off to the nearest 20,000.
2. (2)
   Office Uses and Overnight Accommodations Uses Over 50,000 Square Feet. One loading space with minimum dimensions of 12 feet by 25 feet for every 50,000 square feet of Gross Leasable Area rounded to the nearest 50,000. This requirement shall only apply to Office and Overnight Accommodation uses with or 50,000 square feet of gross leasable area. 
3. (3)
   Industrial and Wholesale Trade Uses. These uses shall provide the loading spaces with a minimum dimension of 12 feet by 25 feet in accordance with Table 121.03.04, Loading Space Ratios.

1. (1)
   One Access Point. Any lots of record at the time of the adoption of this UDO shall be allowed one access point. However, if lots of records are corner lots then the access point shall be located on the road of minor classification no closer than 125 feet or the greatest possible distance from the intersection with the thoroughfare.
2. (2)
   Additional Access Points.  An additional access point required by the Fire Code shall not constitute a requested additional access point under (4) below.  Emergency access points can be concealed or accessible only to emergency vehicles.  Second access points are required as follows in addition to Fire Code requirements:

   1. (a)
      When a single-family residential development contains more than 50 units.
   2. (b)
      When a multifamily development contains more than 100 units.
3. (3)
   Corner Lots Fronting Thoroughfares. Corner lots fronting on two thoroughfares may have one access point from each thoroughfare. However, the access shall meet the 125-foot distance requirement, or the greatest possible distance.
4. (4)
   Additional Access Points. An additional access point may be approved, at the discretion of the Administrator where not required by the Fire Code, for access. To approve an additional access point, it shall meet the following requirements:

   1. (a)
      The construction of both a left turn and deceleration lane to serve that entrance.
   2. (b)
      The area of these lanes used for vehicular storage shall be of standard lane width (12 feet) and adequate in length to store a standard tractor-trailer and two automobiles.
   3. (c)
      In no event shall adjacent access points be closer than 120 feet to each other, as measured from the nearest curbs or edges of pavement, excluding any area of the access flared to improve vehicle ingress or egress. This requirement may be waived if no other access to the property would be possible. 
   4. (d)
      The additional access point shall be no more than 32 feet in width, and shall be defined by a curb on both ends of the access point. A standard sight triangle (10’ by 70’) shall be maintained on the portion of curb adjoining the access point.
   5. (e)
      No structure, sign, planting, etc. shall be placed in the sight triangle that would interfere with the tractor-trailer being able to enter or exit the property in one continuous movement.
5. (5)
   Driveway Permit Required.

   1. (a)
      A driveway permit as described in 156.100.09, Driveway Permit, is required to connect to City maintained street. They driveway shall be in compliance with the applicable standards in Section 156.60.01.H.
   2. (b)
      A driveway permit is required prior to the construction of any new access point to a publicly maintained street. Said permits are issued by the NCDOT for a connection to any State Highway (19A NCAL §§ 2B.0601-2B.0605).
   3. (c)
      Applicants for preliminary subdivision plat or site plan approval shall submit copies of any driveway permit applications with the application for development approval

1. (1)
   Generally. Cross access for vehicle circulation shall be provided between abutting nonresidential or mixed use development, in accordance with Section 156.70.02.H, Easements.
2. (2)
   Abutting Undeveloped Properties. Where connections to abutting nonresidential or mixed-use parcels are possible, but the abutting property is undeveloped, the parcel proposed for development shall include a stub-out of driving aisles and sidewalks at a location that allows for two-way vehicular connection and pedestrian connection on the abutting parcel (i.e., one that allows for reasonable development of both parcels) in the future.

1. (1)
   Generally. Walkways on private property shall serve as the secondary mode of transportation to the use of roads and shall link residential and commercial developments, common areas, and parking areas.
2. (2)
   Connectivity Plan Required. If a proposed development includes multiple buildings in the site design, then an overall connectivity plan shall be provided for the development, including crosswalks and other safety features designed to encourage walking as an alternative to vehicular transportation.
3. (3)
   Design. Walkways shall be designed to meet the following:

   1. (a)
      Be a minimum of five feet wide; and
   2. (b)
      Have a minimum six-foot landscaped buffer area between the road or access way and the walkway itself.
4. (4)
   Maintenance. Walkways shall be maintained and remain as unobstructed as possible by items such as plantings or trash receptacles.

1. (1)

   Purpose. The purpose of this Section is to provide:  

   1. (a)
      Owners of abutting property with the maximum service feasible, consistent with the safe and efficient use of City streets;
   2. (b)
      A uniform ordinance for the design, location, operation and construction of driveways throughout the City; and
   3. (c)
      Maximum safety and protection to the public through the regulation of vehicles entering and exiting public streets.
2. (2)
   Applicability. This Section shall apply to all driveways or access points planned to connect to a City maintained street. The provisions of this Section shall regulate only that portion of a private driveway that connects to a public street and extends to the edge of a public right-of-way.
3. (3)
   Intent. The City’s intent is to further increase safety and decrease congestion along specified major thoroughfares. In order to accomplish these objectives, certain goals have been identified. These goals are:

   1. (a)
      To prohibit driveways within a certain distance of intersecting streets unless alternate access is not available,
   2. (b)
      To decrease the number of driveways along major thoroughfares, and
   3. (c)
      To increase the distance between adjacent driveways along major thoroughfares.

1. (1)
   Generally. A general landscaping delineation indicating the treatment of materials used for open space, landscaped buffers, and common ownership (Minimum scale of 1" = 40').
2. (2)
   Existing Vegetation Used to Satisfy Requirements. Existing vegetation that will be used to satisfy landscaping requirements, including;

   1. (a)
      Vegetation to remain and to be installed shall be shown on the landscape plan;
   2. (b)
      Show existing vegetation and label existing vegetation to be removed on the grading plan;
   3. (c)
      Tree protection fencing, including groups of trees and individual trees standing apart from any woods;
   4. (d)
      Tree survey data for groups of individual and freestanding trees, including survey data of the initial ten interior feet of buffer edge abutting construction area; 
   5. (e)
      Delineate critical root zone (CRZ) for any plants within 10 feet of the edge of the perimeter of the existing vegetation area; and
   6. (f)
      Limits of preservation for significant existing vegetation.
3. (3)
   Other Existing Vegetation. Location, name, and size of all existing trees, shrubs, groundcover and other plant materials that are to be incorporated as part of the landscape plan, but will not count toward required landscaping.
4. (4)
   Proposed Plantings. Proposed plantings that will be used to satisfy landscaping requirements, including:

   1. (a)
      Plant schedule, in chart form, to include scientific and common name, size at time of installation, method of containment (container size, etc.), quantity, and comments;
   2. (b)
      Symbols designating type, size, and location, with center of each tree noted (shrubs and groundcover can be shown as a mass);
   3. (c)
      Landscape beds and architectural planting surrounding existing and/or proposed structures on the site; and
   4. (d)
      Any planting within designated bufferyard areas that is required to satisfy ordinance requirements, with widths dimensioned.
5. (5)
   Utilities and Rights-of-Way. Existing and Proposed Utility Easements, Rights-of-way, and Electrical Lines:

   1. (a)
      Easements for underground utilities shall be combined with driveways and internal roads wherever possible to minimize the disturbance of preserved areas of native vegetation;
   2. (b)
      Adequate in size to include room for trench wall sloping or benching, equipment access, and deposition of soil;
   3. (c)
      Associated clearing area for installation and/or relocation; and
   4. (d)
      Associated Grading Areas for road widening.
   5. (e)
      All developments shall ensure that proper height under powerlines is met with appropriate tree species. 
6. (6)
   Hardscape. Hardscape Items (such as sidewalks, plazas, benches, fountains, trash cans, light poles, etc.). If more detail is needed, submit a separate hardscape plan.
7. (7)
   Bufferyards. Location and width of landscaped bufferyards, including height of berms.
8. (8)
   Scale and Labeling. Planting areas drawn to scale with a list of the botanical and common names, number, and size of all plants designated for each area.
9. (9)
   Maintenance. Maintenance plan. 
10. (10)
    Irrigation. If irrigation must be used, the following shall be provided:

    1. (a)
       Location and sizes of irrigation facilities adequate to maintain the planting areas. (Use of automatic watering systems is encouraged).
    2. (b)
       Scaled drawing with maximum scale of 1” = 30’;
    3. (c)
       The irrigation designer’s name, address and phone number should be on the plan;
    4. (d)
       Water supply location (meter, well, etc.), size and static pressure reading before any pressure reduction;
    5. (e)
       On-site pump location (where applicable);
    6. (f)
       Backflow prevention device (location, size, winterization techniques to be used, and installation specifications);
    7. (g)
       All irrigation components shall be clearly shown as well as the sprinkler throw pattern of each head;
    8. (h)
       Irrigation zones shall be labeled by number and identified as a turf, shrub or flower bed zone;
    9. (i)
       ​​​​​​​The total square footage of irrigated area of each type of zone (turf, shrub or flower bed), shall be clearly indicated on the plan and on the water budget form;
    10. (j)
        ​​​​​​​Recommended maintenance schedules for the system; and
    11. (k)
        ​​​​​​​Irrigation systems should be designed by a person having a current CIA/IA “Certified Irrigation Contractor” (CIC), Certified Irrigation Designer” (CID) status or a Professional Engineer or a Landscape Architect.

1. (1)
   Generally. All plants shall be of the type and species appropriate for the climate and location being planted. All plant material shall be commercially produced and meet the minimum standards recognized by landscape professionals. In order to reduce the threat and impact of plant disease, multiple plant types and species shall be utilized on each site.  Suggested plant lists are on file with the City of Kings Mountain.  
2. (2)
   Prohibited. Invasive non-native species as listed by the North Carolina Invasive Plan Species for the Piedmont are prohibited plant material.  
3. (3)
   Size. All required plants shall meet the size and variety requirements in Table 156.60.02.A, Minimum Plant Sizes and Varieties.

Screening Requirements. A screening device shall be provided along the full length of any common property line and shall be maintained as long as the conditions requiring the original installation exists, even if active operations cease.​​​​​​ The screening device shall be provided by the non-residential use even if the abutting residentially zoned land is vacant. Screening shall be provided on property as follows:

1. (1)
    Multi-family residential development adjacent to single-family residential development
2. (2)
   Non-residential development adjacent to any type of residential development (not including development within a Light or Heavy Industrial District)
3. (3)
   All development in a Heavy Industry (HI) and Light Industry (HI) zone adjacent to all other zoning districts

1. (1)
   Initial Use. The initial use, development or occupancy of the nonresidential property;
2. (2)
   Change of Use. Any change in use or occupancy of the nonresidential property which results from a change in the zoning classification of the nonresidential property; and/or
3. (3)
   Expansion of Use. Any building expansion that increases the floor area of the nonresidential use or any addition of parking that provides ten (10 ) or more spaces , whether required or not.

1. (1)
   Common Ownership. Lot or parcels, under common ownership, on which the uses or buildings demonstrate compatible design elements and are linked to adjacent lots or buildings by a common system of sidewalks or other pedestrian walkways across property lines;
2. (2)
   Separation by ROW.

   1. (a)
      Lots or parcels separated by a public street right-of-way greater than 30 feet in width;
   2. (b)
      Lots or parcels separated by a railroad right-of-way.

1. (1)
   The initial use, development or occupancy of the nonresidential property;
2. (2)
   Any change in use or occupancy of the nonresidential property which results from a change in the zoning classification of the nonresidential property; and/or 
3. (3)
   Any building expansion that increases the floor area of the nonresidential use or any addition of parking that provides ten (10) or more spaces, whether required or not.

1. (1)
   Defined.  The landscaped street yard is a landscaped area roughly parallel to the public street across the front, to each side and rear property line boundaries designed to provide continuity of vegetation along the right-of-way and a pleasing view from the road and adjoining properties.
2. (2)
   Allowed Breaks.  The landscaped area shall be penetrated only by driveways and crosswalks.
3. (3)
   Minimum Width.  The minimum width of the street yard shall be five (5) feet measured from and parallel to the public street right-of-way and property line boundaries.  This shall not be located within the right-of-way.
4. (4)
   Required Plantings.  It shall be landscaped and maintained with a vegetative cover and shall be planted with small and/or medium shrubs at a rate of fifteen (15) per one hundred (100) linear feet of street yard not counting driveway and crosswalk area. Small trees shall be planted at a rate of four (4) per one hundred (100) linear feet of street yard not counting driveway or crosswalk area.
5. (5)
   Approved Materials.  Applicants seeking approval shall not be required to select materials from this list, but shall be required to select species that are suitable for Planting Zone 7. Other species are subject to plan submittal and approval.

   1. (a)
      Soft Touch Holly
   2. (b)
      Encore Azalea
   3. (c)
      Chinese Loropetalum
   4. (d)
      Pink Azalea
   5. (e)
      Red Diamond Loropetalum
   6. (f)
      Conversation Piece Azalea
   7. (g)
      Plum Delight Loropetalum
   8. (h)
      Firepower Nandina
   9. (i)
      Snow Muffin Loropetalum
   10. (j)
       Lemon Lime Nandina
   11. (k)
       Sunshine Ligustrum
   12. (l)
       Obsession Nandina
   13. (m)
       Wintergem
   14. (n)
       Dwarf Burning Bush
   15. (o)
       Kings Gold
   16. (p)
       Majestic Jade Laurel
   17. (q)
       Compact Japanese Holly
   18. (r)
       Woodburn Select
   19. (s)
       American Boxwood
   20. (t)
       Vintage Gold
   21. (u)
       Carolina Allspice
   22. (v)
       Green Velvet
   23. (w)
       Golden Juniper
   24. (x)
       Hoogendorn
   25. (y)
       Cherry Laurel
   26. (z)
       Lantana
   27. (aa)
       Maple Leaf Viburnum
   28. (ab)
       Penstemon
   29. (ac)
       Blue Star Juniper
   30. (ad)
       Heucherella Gold Zebra

1. (1)
   Rezoning Of Property with Site Plan. The applicant shall submit a fully completed tree survey to the Administrator for processing during the rezoning process to ensure the proposed project aims in protecting heritage trees to fully practicable extent. The Administrator shall review the tree survey for conformance with this Section, and shall make a recommendation to City Council as part of preliminary plat review.
2. (2)
   Site Plans Review all Development Types. The applicant shall submit a tree survey to the Administrator for processing during the minor site plan review. The Administrator shall review the tree survey for conformance with this Section and shall make a recommendation to City Council as part of minor site plan review.

1. (1)
   Document Size and Scale.  No specific size requirements apply to tree surveys. Tree surveys shall be prepared at a scale of one inch equals 100 feet, or a scale for which one inch equals a distance less than 100 feet.
2. (2)
   Qualified Land Surveyor. The tree survey shall be prepared and certified by qualified surveyor which can be a registered land surveyor, registered landscape architect, urban forester, botanist, or arborist, and shall depict or contain the information set forth below. Incomplete plans shall be returned to the applicant without further review until revised and resubmitted.
3. (3)
   Contents Required.

   1. (a)
      Legend, title, and revision number;
   2. (b)
      Location map showing relationship of the area to the city and surrounding area;
   3. (c)
      Tract boundaries shown by a heavy line including all bearings and distances;
   4. (d)
      Existing property lines, any structures, water courses, railroads, bridges, culverts, and storm drains on the tract and on adjoining property within 100’;
   5. (e)
      All areas that are to remain undisturbed on the site;
   6. (f)
      All existing and proposed topography, at two foot contours, with the limits of grading clearly delineated. Include existing and proposed elevations changes for preserved trees;
   7. (g)
      The location of each trunk, diameter, general condition, and common name of all trees 30” and greater dbh (diameter at breast height) that are proposed to be preserved and/or removed, transplanted, or located in any disturbed area. Please provide permanent numerical ID tags for the heritage trees that correspond to the tree survey;
   8. (h)
      A description of the forest stands on site that are outside of protected areas (i.e., buffers, or open space areas), including information on the type of vegetation and size ranges;
   9. (i)
      If a heritage tree is being removed, the location, diameter, and common name of the trees that will be planted in another location to offset the tree being removed.
   10. (j)
       Protective fencing plan showing protective fencing and signage.
   11. (k)
       The number of heritage trees with their diameters and location.
   12. (l)
       A description of the forest stands on site that are outside of protected areas (i.e., buffers or open space areas), including information on the type of vegetation and size ranges.

1. (1)
   Where Required. Required fencing shall be installed a minimum of six feet from the trunk of preserved trees. Fencing of areas adjacent to existing and proposed roadways is required if the preserved tree's critical root zone is within three feet of the public right-of-way. Fencing is required on all City and Department of Transportation road projects that are adjacent to protected streetscapes or buffers. The applicant and Administrator shall consider existing site conditions in determining the exact location of any tree protection fencing.
2. (2)
   Type of Fence. All fencing required by this Section shall be four feet orange polyethylene laminar fencing a minimum four feet high and of durable construction. Passive forms of tree protection may be utilized to delineate tree save areas that are remote from areas of land disturbance at the discretion of the Administrator.
3. (3)
   Signs. Signs shall be installed on the tree protection fence visible on all sides of the fenced-in area (minimum one on each side and/or every 300 linear feet). The size of each sign shall be a minimum of two feet by two feet and shall contain the following language in English and Spanish: "TREE PROTECTION AREA, KEEP OUT."
4. (4)
   Designation of Plan and Plats. The tree protection fencing shall be clearly shown on the site and/or subdivision plan. No construction, grading, equipment or material storage, or any other activity shall be allowed within the fenced area. Fencing shall be maintained until the final site inspection prior to the Certificate of Occupancy is scheduled (including any required perimeter buffer for single-family home construction). The fencing shall be removed after the final site inspection for the Certificate of Occupancy.

1. (1)
   Clearing Activities. The removal of trees adjacent to a preserved tree's critical root zone may cause inadvertent damage to the preserved tree. The applicant shall cut trenches that area a minimum of one and one half feet deep along the limits of land disturbance, so as to cut, rather than tear, roots.
2. (2)
   Soil. Where compaction might occur due to traffic or materials through the tree protection area, the area shall first be mulched with a minimum four (4)-inch layer of processed pine bark or wood chips or a six-inch layer of pine straw. Equipment or materials storage shall not be allowed within tree protection areas.

1. (1)
   Removal of Heritage Trees.  The Administrator shall approve removal of a heritage tree if the tree is adversely impacted by one of the following and no practical alternative location exists:

   1. (a)
      Required road connections;
   2. (b)
      Required sanitary sewer or storm drain lines;
   3. (c)
      Public infrastructure improvements made by others;
   4. (d)
      Required stormwater treatment devices located in geographically and topographically appropriate areas; or 
   5. (e)
      City design standards that limit the location of buildings and/or other features such as parking and requirements for the building to front on streets.
2. (2)
   Replacement of Heritage Trees.

   1. (a)
      When a heritage tree is removed during construction, or dies within one year following construction, on a site located outside of the downtown district, the applicant or developer shall replace such heritage tree with trees of similar type planted at least 30 feet from any other tree such that the total caliper inches of trees planted is no less two times the diameter of the tree removed. The size of such replacement trees at the time of installation shall be a minimum of two and one-half inches in caliper. The administrator may offer flexibility with the required spacing of the trees depending on the type of tree removed and the type of tree being used as a replacement.
   2. (b)
      When a heritage tree is removed during construction, or dies within one year following construction, on a site located within the CB District, the applicant or developer shall comply with the requirements of this Section except that the total caliper inches of trees planted may be 25 percent less than the diameter of the tree removed if it is not practical to replant the required number and size of trees spaced at least 30 feet from any other tree on the same site or any adjacent property under common ownership. The administrator may offer flexibility with the required spacing of the trees depending on the type of tree removed and the type of tree being used as a replacement.
   3. (c)
      In consultation with the City staff, acceptable replacement trees shall be determined by a person qualified by training or experience to have expert knowledge of the subject. Alternatively, the valuation of trees removed may be established in accordance with standards established by the International Society of Arboriculture and replaced with landscaping of equal dollar value.
   4. (d)
      Replacement trees shall be maintained through an establishment period of at least three years, except that single-family detached dwellings on an individual lot shall have an establishment period of only one year. The property owner and developer shall execute a landscape agreement guaranteeing the survival and health of all replacement trees during the establishment period and guaranteeing to replace any replacement tree(s) that does not survive the establishment period in good health as determined by a certified arborist.
3. (3)
   Alternatives for Replacement of Heritage Trees. 

   1. (a)
      A development may meet the total inches required for mitigation by planting larger shade trees for the required buffers and/or landscaping. Any shade tree that is planted larger than the required minimum size may use the excess inches to count towards the Heritage Tree replacement requirements. This standard is only applicable for non-residential and mixed use developments.
   2. (b)
      If the developer chooses to protect trees that could otherwise be removed, the inches protected may count towards the mitigation requirements for the removal of Heritage Trees. These areas that are to be protected are called “Tree Save Areas” and shall be protected as outlined above. 
   3. (c)
      The developer may choose to upgrade the size of the required side and rear buffer yards in 156.60.02.C, Bufferyard Landscaping, in exchange for a reduction of the Heritage Tree replacement requirements. This standard is only applicable for non-residential developments.  Upgrading to a Type B buffer grants a reduction of 25 percent of total inches to be replaced.  Upgrading to a Type C buffer grants a reduction of 30 percent of total inches to be replaced.  Upgrading to a Type D buffer grants a reduction of 35 percent of total inches to be replaced.

1. (1)
   Shape and Size. The subject property is peculiarly-shaped, through no action of the owner or previous owner, or contains extensive undeveloped area;
2. (2)
   Limitations. The subject property has space limitations as a result of the locations of existing structures, paved areas, surrounding existing development, and other built feature; and
3. (3)
   Features. The subject property contains unique natural features such as soil characteristics, topography, geological characteristics, water features, and significant existing vegetation.

1. (1)
   Irrigation systems.  They shall be designed to avoid sprinkling and unnecessary runoff onto paved areas, including parking, loading, and street pavement areas. Prevailing winds shall be considered in the design of the irrigation systems.
2. (2)
   Constrained Areas. Irrigation of constrained areas such as street rights-of-way, parkways, and medians shall be by drip irrigation or other systems.​​​​​​

1. (1)
   Abutting rights-of-way.  Landscape areas, including abutting landscaped portions of public rights-of-way, shall be pruned as needed to present a healthy, neat, and orderly appearance at all times.
2. (2)
   Dead Plants.  Maintenance shall include the removal and replacement of dead, dying, or diseased plant material.
3. (3)
   Trees over a street.  Trees extending over a street shall be kept pruned so as to not interfere with street traffic.
4. (4)
   Utility Easements.  Nothing in this Section shall require any application or permit from any public utility provider prior to removing a tree whenever it has determined the tree poses a hazard, or interferes with restoration or continuation of utility services.

1. (1)
   Open Space Landscaping (including common parking lots, if present). The maintenance responsibility shall be set out in the landscape plan that is required by this Section.
2. (2)
   Landscape Surface Area Landscaping (including parking lots). The maintenance responsibility shall be set out in the landscape plan that is required by this Section.
3. (3)
   Private Lot Landscaping. Landscaping of private lots shall be the responsibility of the lot owner, unless a declaration of covenants, conditions, and restrictions assigns the responsibility to a property owners' association. The maintenance responsibility shall be noted in the landscape plan that is required by this Section.
4. (4)
   Street Trees (as applicable). The maintenance responsibility shall be set out in the landscape plan that is required by this Section.

Purpose. This sign ordinance is adopted under the zoning authority of the City of Kings Mountain to further the more general purposes set forth in this Section.  The purpose of these sign regulations are: 

1. (1)
   To 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 and State of the North Carolina Constitution;
2. (2)
   To promote the health, safety, and general welfare of the public and ensure convenience and enjoyment of travel;
3. (3)
   To maintain and enhance the aesthetic environment and the City’s ability to attract sources of economic development and growth;
4. (4)
   To improve pedestrian and traffic safety;
5. (5)
   To minimize the possible adverse effect of signs on nearby public and private property; and
6. (6)
   To enable the fair and consistent enforcement of these sign restrictions. 

Applicability. A sign may be constructed, erected, placed, established, painted, created, or maintained in the City only in conformance with the standards, procedures, exemptions, and other requirements of this Code. This section:

1. (1)
   Establishes a permit system to allow a variety of types of permanent signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of this section;
2. (2)
   Allows certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this Chapter, but without permit requirements;
3. (3)
   Prohibits all signs not expressly permitted by this section; and
4. (4)
   Provides for the enforcement of this section. 

1. (1)
   Inside of a public right-of-way, within a sight triangle as defined in Table 156.40.01-1, or within the utility strip
2. (2)
   On closed businesses or vacant buildings
3. (3)
   On an inoperable vehicle
4. (4)
    Additionally, all signs shall be set back a minimum of five (5) feet from the road right-of-way or sixteen (16) feet from the edge of the travel way, whichever is greater. 
5. (5)
   Signs shall also meet the required side and rear setbacks of the applicable zoning district. 

1. (1)
   All illuminated signs shall have their lighting directed in such a manner as to only illuminate the face of the sign.
2. (2)
   External light sources shall not be visible from the right-of-way nor shall any component cause glare hazards to pedestrians, motorists, or adjacent properties. 
3. (3)
   Signs shall not exceed a maximum illumination of 5,000 nits (candelas per square meter) during the daylight hours and a maximum illumination of 500 nits between dusk and dawn, as measured from the sign's face at maximum brightness. The applicant or sign manufactured shall provide either written certification from the manufacturer that the light intensity has been factory programmed not to exceed above listed light levels or provide other documentation that the sign meets these requirements.
4. (4)
   With the exception of governmental signs, signs which produce flashing light, intermittent lights, changing degree in intensity or color are prohibited. Scrolled messages are permitted as long as there is a minimum of three seconds before switching to another message.
5. (5)
   When electrical service is provided to a sign, all such electrical service shall be placed underground or otherwise concealed. 

1. (1)
   Any sign required by state or federal law.
2. (2)
   Government signs, including but not limited to, traffic directional devices erected by a governmental agency. 
3. (3)
   Memorial signs, plaques, or grave markers which are non-commercial in nature and erected in established cemeteries, memorial parks, or a recognized historic district. 
4. (4)
   Flags attached to a pole, not to exceed twenty (20) feet in height.
5. (5)
   Signs inside a building, not attached to a window or door.
6. (6)
   Incidental signs, including but not limited to:

   1. (a)
      Public interest signs
   2. (b)
      Address or post office box numerals
   3. (c)
      On-premise instructional signs not exceeding four square feet in area each
   4. (d)
      Identification signs not exceeding three square feet in area

1. (1)
   An allowed permanent sign type (See Section 156.60.03.B, Permanent Signs)
2. (2)
   An allowed temporary sign type (See Section 156.60.03.C, Temporary Signs)
3. (3)
   Nonconforming (See Section 156.130.05, Nonconforming Signs), or
4. (4)
   Not permitted 

Generally. This Section shall govern regulations for signs permanently installed on a site and which are required to obtain a sign permit in accordance with section 156.100.10, Sign Permit. Table 156.60.03.B-1 Allowed Attached Permanent Signs and  Table 156.60.03.B-2, Allowed Freestanding Permanent Signs, establishes:

1. (1)
   The attached and freestanding sign types allowed in the extraterritorial jurisdiction and each zoning district;
2. (2)
   The standards that apply to each sign type; and
3. (3)

    That one attached and one freestanding sign may be placed per establishment with limited exception.

4. (4)

   All freestanding signs within the Clear Zone shall be crashworthy and designed, by a North Carolina Professional Engineer, to withstand impact from a motor vehicle without posing a significant risk to the vehicle's occupants.

1. (1)
   No zoning permit is required, except for political campaign signs.
2. (2)
   All temporary signs associated with a specific event may be placed up to fourteen (14) days before an event and shall be removed no later than seven (7) days after the end of the event. 
3. (3)
   No temporary sign may be illuminated. 
4. (4)
   Political and/or campaign signs

   1. (a)
      In NCDOT maintained rights-of-way, political signs are governed by the provisions of North Carolina General Statute 136-32.
   2. (b)
      In City maintained rights-of-way, political signs are not allowed at any time, per NCGS 136-32f, and instead are allowed on private property following the provisions of this section. 
   3. (c)
      Candidates for office are required to obtain a permit from the City Planning Department before putting signs inside the development jurisdiction of the city. 

1. (1)
   Encourages artistic expression;
2. (2)
   Fosters a sense of pride in the downtown.
3. (3)
   Preserves existing murals that are a valued part of the history of the City.

1. (1)
   That the design, construction, installation, repair and maintenance of such displays will not interfere with traffic safety or otherwise endanger public safety.
2. (2)
   That the regulations will provide reasonable protection to the visual environment by controlling the size, height, spacing and location of such displays.
3. (3)
   Encourage the installation of murals and at the same time, prevent the proliferation of off-site commercial signs. 

1. (1)
   Artist Requirements. 

   1. (a)
      Surface preparation may include chemical treatments to remove chipping paint, mold and dirt.
   2. (b)
      The artist will be required to apply a protective coating once the mural is complete.
   3. (c)
      The medium used must be durable and able to withstand minor wear and tear and harsh outdoor elements for at least ten years.
   4. (d)
      If the mural is to contain an artist signature or brand, it must be approved during approval of mural.
   5. (e)
      The mural will serve as a visual landmark and should be distinctive through use of design, color, etc.  Only original art will be considered.
2. (2)
   Alterations to a permitted mural.  

   1. (a)
      Alterations include any change to a permitted mural, including, but not limited to, any change to the image(s), materials, colors or size of the permitted mural and shall require a new review and permit.
   2. (b)
      Alteration does not include naturally occurring changes to the mural caused by exposure to the elements or the passage of time.
   3. (c)
      Minor changes to the permitted mural that result from the maintenance or repair of the mural shall not constitute an alteration. Such minor changes may include slight and unintended deviations from the original image, colors, or materials that occur when the permitted mural is repaired due to the passage of time or as a result of vandalism.
3. (3)
   Removal.  A mural may be removed at any time:

   1. (a)
      If an easement agreement exists, removal process will be outlined in said agreement.
   2. (b)
      If an easement agreement is not in place, murals may be removed at the property owner's discretion.

1. (1)
   Generally. Lighting fixtures in scale with pedestrian activities shall provide for uniform distribution of light to produce minimal shadows.
2. (2)
   Non-cutoff Lights. No non cut-off light fixture shall be greater than 18 feet above grade as depicted in Figure 156.60.04.B, Maximum Mounting Heights.
3. (3)
   Cutoff Lights. No cutoff light fixture shall be greater than 35 feet above grade.

1. (1)
   Generally.  Installation of fencing does not require a zoning permit unless a building permit is also required. Building permits for fencing are required for commercial fencing over six (6) feet in height.
2. (2)
   Setbacks. Fences are not subject to building setbacks. Fences built on property boundaries are considered common property with the adjacent neighbor.
3. (3)
   Height. Fences in residential districts are not to exceed a height of seven (7) feet. No fence located in the front yard shall exceed five (5) feet in height. Any fence taller than five (5) feet must be behind the front plane of the house.
4. (4)
   Corner Lot. Any privacy fence built on a corner lot shall be placed a minimum of twenty (20) feet from the right-of-way of the adjacent street.
5. (5)
   Easements. Fences and any other permanent structures are not allowed in any utility easement, stormwater easement, or any other utility or access easement on the property. Such structures will be removed at the owners expense.
6. (6)
   Stormwater Runoff. No fence shall be placed in such a way to divert or disrupt the general flow of stormwater runoff.